Terms of Use
30 Sep, 2022
1. Validity, conclusion of contract
1.1 Balls & Clubs GmbH, Industriestraße B16/Halle/08, 2345, Brunn am Gebirge, provides its services exclusively on the basis of the following General Terms and Conditions (GTCs). The terms and conditions are available in writing at the cash desk and can be viewed at any time upon request.
1.2 Any terms and conditions of the customer will not be accepted, even if known, unless otherwise expressly agreed in writing in individual cases. A further objection to the customer's general terms and conditions by the company is not required.
1.3 Should individual provisions of these General Terms and Conditions be ineffective, this shall not affect the binding nature of the remaining provisions and the contracts concluded on the basis of them.
1.4 The company's offers are subject to change and non-binding.
2. Cancellation & Postponement
2.1 In order to ensure a smooth game process and to enable all customers to start the games on time, it is essential that the customer appears at the agreed time. Each player is responsible for their own travel and timely arrival. The customer is required to arrive at the company's headquarters ten minutes before the booked appointment. It should be noted that the time slots are reserved separately for each group and the room is prepared accordingly. The time the group is late will be deducted from the 30-minute countdown. There is no entitlement to compensation for the time deducted.
2.2 The cancellation of an appointment is possible 48 hours before the start of the game.
2.3 An appointment can be rescheduled once up to 24 hours before the appointment free of charge.
2.4 If you do not appear at the booked or paid date, the entire booking amount is due. No alternative date is possible.
2.5 A cancellation or postponement is only possible in writing by post or email.
3. Prices
3.1 The prices for participating in the games can be viewed online. The prices are per group and include sales tax and other levies at the statutory rate.
3.2 The prices valid on the day of booking are decisive.
4. Payment
4.1 Payment is to be made on site either in cash or by card (debit card, credit card) or via the online services we offer. Payment on account for company-related transactions can only be made if expressly agreed.
4.2 In the case of payment on account, the open amount is due for payment immediately upon receipt of the invoice and without deduction, unless special payment terms have been agreed in writing in individual cases.
5. Terms of Use
5.1. The scope of the services to be provided results from the service description.
5.2. The use of cameras, digital cameras, video, DVD and similar image or sound recording devices by game participants is prohibited during the game. Any videos or photos of the interior of the games shot without express permission are prohibited. The game participants are obliged to hand in such objects to the reception before entering a game room and to pick them up after leaving the game room. Devices that are not picked up within three days of the day of the performance will be handed over to the Lost & Found office.
5.3. The company is expressly entitled to all exploitation rights (rights to use the work), regardless of the legal basis.
5.4. The company reserves the right to offer the premises and services made available as a non-public facility. Game participants are requested to use the online booking system to reserve a date for a game in the desired location. It is not permitted to enter the individual rooms outside of the booked dates and without prior online booking.
5.5. Children up to the age of 12 may only take part in the game when accompanied by a trusted adult. Children between the ages of 12 and 14 may only visit the venue when accompanied by a trusted adult. However, the person of trust can remain in the waiting area. When visiting a group of children, the responsible person must be named as such. The accompanying person is responsible for the supervision of the children and in particular the obligation to ensure the safety of the children.
5.6. Anyone who harasses other visitors, does not follow the instructions of the supervisory staff or mandatory signs or otherwise has a significant and disruptive effect on the ongoing operation of the game can be expelled from the game room without any right to a refund of the game price. If force is used or the facility is destroyed, the game may be canceled prematurely without the right to a refund g be aborted.
5.7. People under the influence of alcohol, drugs or other psychoactive substances, and people suffering from a serious medical condition such as epilepsy, cardiovascular disease, claustrophobia, panic attacks, or discomfort in dark spaces, or those who fear their condition might worsen in the facility (partly narrow places) could deteriorate, participation in the games is prohibited.
5.8. Smoking and handling open flames, as well as carrying dangerous objects (e.g. stabbing weapons, firearms, etc.) that could cause bodily harm or death is strictly prohibited.
5.9. According to §§ 1295 ff ABGB, the customer is liable for damages for any type of damage that has been caused, to the extent permitted by law.
5.10. Any theft or attempted theft will be reported and a processing fee of 250 euros will be charged.
5.11. It is not permitted to take food and drinks into the game rooms.
6. Liability
6.1. In the event of damage or non-compliance with the house rules — whether intentionally or simply by not following the rules of conduct or instructions from the staff — the visitor is obliged to pay full compensation for the damage in question and will be blocked with immediate effect. The company reserves the right to take appropriate legal action.
7. Privacy
7.1 The provisions of the GDPR and the Austrian Data Protection Act (DSG) in the version of the Data Protection Adaptation Act 2018 and the Data Protection Deregulation Act 2018 apply.
7.2 The games are video monitored for security reasons and due to official requirements. Video surveillance is also necessary for the implementation of an “game” so that there is an overview of what is happening in the game and action can be taken at any time in the event of danger.
8. Governing Law
8.1 The contract and all mutual rights and obligations derived from it as well as claims between the company and the customer are subject to Austrian law to the exclusion of the conflict of law rules and the UN Sales Convention.
9. Place of Performance and Jurisdiction
9.1 The place of fulfillment is the registered office of the company.
10.2 Insofar as designations relating to natural persons are only given in the masculine form in this contract, they refer to women and men in the same way.