General Terms and Conditions.

 

1. BASIC PROVISIONS

1.1 The operator of all ONE – TWO ESCAPE escape games is WEST MEDIA, s.r.o., with registered office at Stará cesta 2, Plzeň, Czech Republic, ID No.: 63506572, registered at the Regional Court in Plzeň, insert C 654 , (hereinafter referred to as the “Company”). Any legal, other relations and disputes arising from this shall be governed by these General Terms and Conditions (hereinafter referred to as “GTC”), the laws of the Czech Republic and shall be settled before the general courts of the Czech Republic.
1.2 The GTC are also available for inspection at the gaming operators at the Company’s individual premises.
1.3 The Company hereby reserves the right to amend and/or update the GTC by publishing the current version of the GTC on the one-two.eu website.

2. SAFETY RULES

2.1 Participation in any Escape Game operated by the Company is conditional upon unconditional compliance with all operational and safety rules by all Participants who enter into a contractual relationship with the Company by making a payment or reservation for the relevant Escape Game or by commencing actual play of the game pursuant to Art.
3.1.
1.1 of the GTC (hereinafter referred to as “Participant”).
The Participant hereby agrees that if he/she fails to comply with the safety and operational rules and instructions of the guide of the relevant Escape Game, he/she may be excluded from playing the game and from the Company’s premises or premises (hereinafter referred to as the “Premises”) at the discretion of the operator or the Company’s management without any right to a refund of the paid admission fee or any part thereof.
2.2 By entering the Premises, the Participant voluntarily agrees to abide by the instructions of the Escape Game operator and to abide by the Visiting Rules (the “Visiting Rules”).
The Visiting Rules are published on the Company’s website www.one-two.eu and posted in a prominent place on the Company’s premises.
2.3 The Participant acknowledges and understands that the Escape Games may contain stressful, exciting or frightening elements and situations.
These elements and situations are part of the story to create an atmosphere and no Participant will be placed in a truly dangerous situation during the duration of the Escape Game.
Throughout the duration of each escape game, Participants will be monitored by the experienced operator of that game via video feeds from that game.
The video transmissions are for the above purposes only – to monitor the progress and state of the game, to ensure and control the compliance with the rules of the game and the safety rules of the Participants and to have the actual possibility to communicate with the Participants during the game and to correct the game, the monitoring is not recorded on any medium or data carrier, i.e.
No record is created and no data or information is stored or archived.
2.4 Participants take part in the escape game at their own risk and responsibility.
Participants under the age of 18 are the responsibility of their legal guardians or their accompanying person who must be over 18 years of age.
The recommended minimum age for Participants is 8 years.
2.5 Any Participant who, during the course of the Escape Game, behaves in an unruly manner and/or spoils or interferes with the other Participants’ experience of the game or in any other way restricts or interferes with the other Participants during the course of the game may be excluded from the game at the discretion of the Operator, without refund of all or any part of the entry fee paid.
If any Participant intentionally damages the equipment and/or facilities of the Escape Game, he/she shall be liable for the damage caused and shall be excluded from the Game at the discretion of the Operator, without refund of the paid entry fee or any part thereof.
2.6 If any Participant shows signs of intoxication or intoxication by any narcotic, psychotropic or addictive substance, he/she will not be admitted to the Company’s premises at the discretion of the operator or the Company’s management.
The Company reserves the right to refuse entry to anyone who, at the discretion of the Company’s staff or management, appears to be unfit to participate in the Escape Game for health/safety/operational reasons.
2.7 Participants shall not be permitted to enter the Company’s premises with any weapons or other dangerous items which are capable of endangering the health, property or safety of other Participants or Company personnel.
Smoking is strictly prohibited on or near the Company’s premises. The Participant is obliged to allow and tolerate for security reasons, at the request of the operator, the inspection of the contents of his/her personal luggage and belongings to check whether they contain narcotic or psychotropic substances or the aforementioned dangerous objects or weapons capable of endangering the safety, property and health of the Company’s employees or other Participants.
In the event that a Participant refuses to submit to the check, he/she may be excluded from the Game at the decision of the Operator, without the right to a refund of the paid admission fee or any part thereof.
2.8 Participants are required to store their personal belongings and any valuables they bring onto the premises in lockable boxes located in the reception area provided for this purpose.
The Company shall not be liable for any damages for loss or theft of personal items or valuables not placed in the lockable boxes.
2.9 The Participant acknowledges that magnetic or electromagnetic field emitting technologies are used in the Games.
Persons with pacemakers or similar devices may ask the game guide for specific information.
However, in any event, the Company disclaims liability for any health complications of the Participant related to this fact.
2.10 Should any Participant have problems with any type of heart condition or other similar condition, such Participant should disclose this fact to the Escape Game Guide and consider their participation in the Game in light of their medical condition and any possible complications arising therefrom.
It is always the case that each Participant participates in the Escape Game at his/her own decision and at his/her own risk.

3. BUSINESS RULES

3.1 By making a booking, paying the entry fee for an Escape Game or redeeming a gift or other voucher, or starting to play the Game, the Participant enters into a Game Contract with the Company.
Entry fees may be paid on the spot in cash, by credit card or through a payment gateway.
3.2 Reservations for the dates can be made on the one-two.eu website or by calling 777 107 061.
The Participant is entitled to choose from the following payment options: payment at the venue of the escape game in cash or by credit card, payment by transfer to the Company’s account in advance (the Participant will receive a ticket – voucher) or cashlessly via a payment gateway (the Participant will receive a payment confirmation).
3.3.
Admission prices listed on the Company’s website or at the Company’s premises are final, including any value added tax.
Admission prices for Escape Games may vary depending on the date, the game chosen, the specific time of a given booking and also depending on the number of people or the marketing event currently taking place.
The maximum price per Escape Game is set out in the booking system on the Company’s website and is available for inspection at the Company’s premises where the Price List is available.
3.4 If a Participant cancels their booking for their chosen Escape Game less than 24 hours before the start of the booked Escape Game, the Company shall be entitled to charge the Participant up to the total price of any voucher.
3.5 The dates of the Escape Games are subject to variation and change at the discretion of the Company’s management.
3.6 Special team building/company events and group bookings may be subject to individual discounted quotations.
For further information please contact the Company, either by email to info@one-two.eu or by telephone on +420 777 107 061.
3.7 The Participant is obliged to arrive at the venue of the chosen Escape Game according to the instructions set out in the information email sent by the Company in advance, 10 minutes before the official start time of the game.
If he/she arrives earlier, he/she may be asked by the Game Operator to wait or to arrive at the appointed time.
3.8 Late arrivals for the chosen escape game, no later than 5 minutes after the booked time, are not permitted.
In the event of a Participant being more than 5 minutes late after the booked time, the time required to complete the game will begin regardless of the Participant’s presence and without any right to a refund of the entry fee or any part thereof.
In the event that a Participant is late, the Participant may be allowed to enter the Escape Game with a reduced time limit, or at an alternate date as time permits, or with a subsequent group, all at the sole discretion of the Operator or Company management.
3.9 The Company reserves the right to cancel and propose to reschedule a booking at any time by agreement with the Participant, taking into account the Participant’s time availability, if the reason is technical problems not caused by the Company but by the intervention of third parties or force majeure, and always without delay upon becoming aware of such fact and if such fact objectively prevents the Participant from playing the game.
If the Company and the Participant do not agree on a new booking date, the Participant shall in such case be entitled to a full refund of the admission fee if paid in advance.

4. RULES FOR MAKING AUDIOVISUAL RECORDINGS

4.1 Taking photographs or other audiovisual recordings on the Company’s business premises is prohibited.
Violation of the prohibition of photography is punishable by immediate termination of the game without refund of the admission fee or any part thereof.
At the Participant’s request, the Attendant may take a souvenir photograph of the Participant at the premises reserved for this purpose after the end of the game.
4.2 By participating in the Game, the Participant agrees not to divulge any information about the content of the individual escape games, especially their solutions, and thus to preserve the unique experience of the escape game to all other Participants.
Reviews, ratings of the Game, access of the Company and the Attendants to the Participants without disclosing information about the content of the individual Escape Games, as set out in this clause above, shall not be deemed to be a breach of this undertaking.

5. GIFT CARD

5.1 Vouchers issued and sold by the Company are bearer vouchers within the meaning of Section 1939 of Act No. 89/2012 Coll, The gift voucher, presented by the holder at the relevant premises, entitles the holder to attend one escape game of his choice together with persons of his choice, but not in excess of a total of 5 persons, unless otherwise agreed before booking the game. 5.2 The gift voucher is valid for a period of 12 months from the date of issue, unless a different duration is specified on the voucher. This provision does not apply to marketing promotions and discounts on the Company’s promotional material. 5.3 Gift voucher prices may vary over time. For this reason, if the price of the gift voucher purchased exceeds the price of the escape game chosen by the holder, any difference in price will not be refunded to the holder of the voucher. Similarly, if the price of the gift voucher is less than the price of the chosen escape game, the voucher holder is not obliged to make up the difference in price. This provision does not apply to gift vouchers etc. issued by third parties for use in the Company’s escape rooms. 5.4 The gift voucher cannot be combined with any other promotions or discounts announced by the Company or other third party promotions.

6. LIMITATION OF LIABILITY

6.1 All information and data provided on the Company’s website is for informational and promotional purposes only and does not contain any representations or warranties that may be implied, directly or indirectly, from such data.
Access to the Company’s website and the use of the services and links provided on this website are at the sole discretion and responsibility of the visitor (user).
6.2 In the course of providing its services, the Company will make every effort to meet the expectations and wishes of its clients.
However, in any event, the Company shall not be liable for any failure or inability to provide its services and perform its obligations in cases of “force majeure” which the Company could not reasonably have anticipated or prevented, including but not limited to flood, fire, natural disaster, strikes, war, terrorist attack, insurrection, etc.
6.3 The Company’s website may contain links to resources and information from third parties and their websites.
These links may be used at the discretion of the users of the Company’s website, but in no way imply any endorsement or opinion of the Company with respect to the content of such sites, nor any other information or advertising banners and links used on such third party sites.
6.4 The Company is not responsible for any errors, typographical errors, inaccuracies that may appear in information and materials published on the Company’s website or printed marketing materials.
The Company will also not be liable for any delays or interruptions in the website due to “force majeure” events, as well as telecommunications service outages, IT network outages or related matters.
6.5.
The Company is not responsible for the information and content of web presentations, marketing materials or information published by third parties about the Company.
6.6 The Company’s website may contain so-called.
The Company’s Website may include cookies for the purpose of storing certain information about the user.
Cookies are small text format files used by the Internet to recognize visitors, to facilitate access to and use of the website, to monitor user preferences and commands and to collect information to improve the content of the Company’s website.
6.7 The Company shall not be liable for any damages, lost profits or costs arising from the use of the Company’s website and/or the impossibility of using it temporarily.

7. PROCESSING AND PROTECTION OF PERSONAL DATA

7.1.
Jakékoliv osobní údaje o Účastnících (dále jen “osobní údaje”) únikových her provozovaných Společností jsou pečlivě uloženy a zabezpečeny v datových archivech Společnosti v souladu s příslušnými právními předpisy, zejména pak v souladu s Nařízením Evropského parlamentu a Rady EU č.
2016/679 a dalšími na to navazujícími právními předpisy (dále jen „předpisy o ochraně údajů“).
7.2.
Společnost je povinna:

a) use the personal data managed only for the purposes of performance under the contract,
(b) to carry out any operations constituting the processing of personal data only within the framework of the data protection regulations or on the basis of instructions from the Participants,
c) not to pass on personal data to any other entity unless there is a legitimate interest (e.g. settlement of an insurance claim),
d) not to store personal data after the expiry of the statutory archiving period and to destroy/delete it without delay after the fulfilment, settlement of its obligation to the Participant, unless the Participant has received express written instructions to store the personal data,
(e) for the period of necessary use, properly and adequately secure the personal data against acquisition by any unauthorised person, including ensuring that only those of its employees who need the personal data for their work in the performance of their obligations under the contract have access to the personal data,
(f) ensure the confidentiality, integrity, availability and resilience of processing systems and services at all times,
(g) to oblige its employees to respect the confidentiality of the Participants’ personal data,
h) ensure the ability to restore the availability of and access to personal data in a timely manner in the event of physical or technical incidents,
i) notify the Participant without delay of any acquisition of the transmitted data by any unauthorised person or any other misuse of the data.

7.3.
Osobní údaje Účastníků jsou zpracovávány třetími stranami za konkrétním účelem pouze a jmenovitě v případě ústního souhlasu uděleného všemi Účastníky po hře v rozsahu fotografie, datum a čas odehrání hry spolu s časem úniku umístěním na facebookový profil Společnosti provozovaný americkou společností Meta Platforms.
Žádnému dalšímu subjektu není Společnost oprávněna osobní údaje Účastníka bez jeho předchozího písemného souhlasu předat.

8. COMPLAINTS PROCEDURE

8.1 If the Company does not fulfil its obligations under the concluded contract properly and on time even within 7 days from the date when the service should have been provided, the Subscriber may exercise his/her right to claim the service from the Company.
The complaint must be made in writing without undue delay by e-mail to: info@one-two.eu 8.2 The Company undertakes to decide on the received complaint within 10 working days, provided that the complaint shall be settled within 30 days from the date of receipt of the complaint.
After this period, the Subscriber has the right to withdraw from the concluded contract or to a discount on the price of the service.

9. WITHDRAWAL FROM THE CONTRACT

9.1 The Company is entitled to withdraw from the concluded contract in the cases specified in these Terms and Conditions. The Company is entitled to withdraw from the concluded contract in the event of a material breach of the concluded contract by the Participant. 9.2 The Participant shall have the right to withdraw from the concluded contract in the following cases: 9.2.1 in the event of a material breach of the concluded contract by the Company; 9.2.2 in the cases specified in these Terms and Conditions. 9.2.3 The Participant, who is a consumer, shall have the right pursuant to § 1820 et seq. 89/2012 Coll, Civil Code, as amended, to withdraw from the contract within 14 days of receipt of performance, if the contract was concluded by means of distance communication (Internet, e-mail, telephone), without giving any reason and without any penalty. If the Participant chooses to exercise this right, the withdrawal must be delivered to the Company no later than on the 14th day following the delivery of the gift voucher so ordered. 9.3 Withdrawal from the contract by any of the contracting parties shall be made in writing and must be delivered to the other contracting parties no later than 7 days after the fact which is the reason for withdrawal. 9.4 Withdrawal by either party from the concluded contract, made in accordance with these terms and conditions and the relevant generally binding legal regulations, the contract shall without further delay terminate as between all parties to the contract.

10. OUT-OF-COURT DISPUTE RESOLUTION

10.1 The parties undertake to resolve any disputes arising from this contract first out of court.
In the event of disputes concerning the performance of this contract, they shall use all efforts that may be fairly required to resolve such disputes amicably, in particular to eliminate circumstances giving rise to a right of withdrawal or circumstances rendering the contract null and void.
10.2 The parties may resolve their disputes informally on their own, through their legal representatives or other intermediaries, if this is not possible, they may use mediation or arbitration.

In Pilsen on 13.8.2018
Mgr.
Monika Kušková
Managing Director WEST MEDIA s.r.o.