GENERAL TERMS AND CONDITIONS
1. Scope of application
For all business relations between xDroid GmbH, Maria Jacobi Gasse 1, 1030 Wien, Austria (hereinafter named JetZone) and the customer solely the following general terms and conditions apply. Any other terms and conditions of the customer will not become a contractual part even if JetZone does not expressly contradict.
2. Offers, ordering process, conclusion of contract, correction of input errors, storage of contract text
2.1 Tickets and vouchers for JetZone Experience can be purchased through JetZone website http://jet.zone. Only adults are entitled to purchase.
2.2 The ticket and voucher offers in JetZone web-shop represent a non-committal invitation to order tickets or vouchers for JetZone Experience. By clicking the “Book now” button, the customer makes a legally binding offer to purchase the tickets or vouchers in the shopping cart. Before sending the order, the customer can review and change the data at any time. Required fields are marked with an asterisk (*). The booking number, automatically generated by JetZone after sending the order documents, that the customer's booking has been received by us, does not represent acceptance of the offer of the customer. The contract comes into existence only by JetZone declaration of acceptance, with a separate, further e-mail (booking confirmation). With the booking confirmation, the customer receives the ticket code, which allows access to the booked JetZone Experience. In the event that the customer has ordered a voucher, the customer will be given the voucher code in the booking confirmation e-mail, allows the customer or the person who receives the value voucher to deduct the voucher amount when buying JetZone Experience tickets.
2.3 The customer must ensure that the e-mail address provided by the customer for the order processing, is appropriately configured (eg with regard to the SPAM filter) and has sufficient free space.
2.4 During the ordering process, the customer can correct false input at any time by clicking on the fields which show the customer at which phase of the ordering process they are, thus navigating backwards or forwards. Alternatively, the customer can use the “Back” button of the browser. Furthermore, under “Check”, the customer can directly change the shopping basket, the customers data and the payment method by clicking on the respective fields via “Edit”.
2.5 The order text is not saved by JetZone and cannot be retrieved after completion of the order process. The information from the ordering process is transmitted to the customer again with an e-mail confirmation of the order. The customer can print out the order data immediately after sending the order.
3. Prices, terms of payment
3.1 The prices stated in JetZone web-shop are inclusive of the statutory value-added tax.
3.2 The payment of tickets and vouchers ordered in JetZone web-shop can be made by credit card (VISA and Mastercard), PayPal or with debit card (we do not accept cash, VISA or Mastercard on-site!). JetZone reserves the right to accept and refuse additional payment methods in individual cases.
3.A. Payment by credit card
When paying by credit card (Visa and Mastercard), the data is transferred using Secure Socket Layer (SSL) encryption technology. The purchase price will be charged to the customer when the order is accepted. The transfer of data may take several minutes and may not be interrupted by the customer, e.g. by updating the browser page. Failure to do so may result in a double charge on the credit card account. JetZone will reimburse eligible reimbursement claims within a maximum of 14 days from the date of the customer’s double booking. Costs arising from any chargebacks initiated by the customer are passed on to the customer. For unjustified credit card bookings, a processing fee (usually 10 EUR) will be charged. This fee will be charged to the customer.
Please note: a payment charge might be made to customer's credit card without a binding contract concluded with us, as this will only take place upon receipt of JetZone booking confirmation e-mail (see section 2.2).
3.B. Direct Banking
DIRECT BANKING is a direct referral process of SOFORT AG based on the high security standards of online banking with PIN / TAN input for secure and fast processing of online purchases. SOFORT AG provides an automatic and real-time transfer to the customer’s online bank account, not accessible for merchants. The purchase price is immediately and directly transferred to the merchant’s bank account. Prerequisite for the use of DIRECT BANKING PAYMENT is only the access to an online bank account. For more information, please visit www.sofort.com.
Please note: a payment charge might be made to customer's bank account without a binding contract concluded with us, as this will only take place upon receipt of JetZone booking confirmation e-mail (see section 2.2).
After completion of the order the customer will automatically be forwarded to the website of Sofortüberweisung.de to make the payment. Customer's bank account will be debited after the payment is completed by Sofortüberweisung.de.
3.C. Payment via Paypal
PayPal is an online payment service of PayPal (Europe) S.à r.l. & Cie, S.C.A. The use of PayPal requires that the customer has a customer account at PayPal, where customer's bank or credit card data is stored. If the customer has selected PayPal, the customer will be redirected to PayPal after the order is completed. There, the customer logs in to customer's PayPal account with customer's e-mail address and the password the customer entered and confirm the payment. The customer will receive a payment confirmation from PayPal by e-mail. PayPal charges customer's bank account with the corresponding purchase price and transfers this to JetZone seller account. For further information, please visit www.paypal.com.
Please note: a payment charge might be made to customer's Paypal account without a binding contract concluded with us, as this will only take place upon receipt of JetZone booking confirmation e-mail (see section 2.2).
4. Right of revocation
Pursuant to paragraph § 18 Abs 1 Z 2, Z 10; Abs 2; Abs 3 FAGG (Distance and Away Transactions Law of Austria), there is no right of revocation for contracts for the provision of services in connection with leisure activities if the contract provides for a specific date or period. Therefore, the purchase of tickets for JetZone Experiences can not be revoked by the customer.
5. Booking conditions
5.1 JetZone Experience is a single- or team- game for people from 10 to 99 years. Children and adolescents who are not accompanied by a legal guardian or a full-time supervisor must submit a declaration of consent to participate in JetZone Experience signed by a parent. Under 14 years, young people can only take JetZone Experiences in the presence of an adult.
5.2 JetZone is entitled to refuse access to JetZone Experience to visitors if there is a fear that the person(s) will disrupt the general business or bother other visitors due to alcohol or drug use or other reasons. Reimbursement of the ticket price or voucher value will not be made in these cases.
5.3 Please note that JetZone Experience is a live event. Since the JetZone Experiences are specially prepared for each booking and are blocked for the booked period, it is customer's responsibility to appear punctually to the booked period. In the case of delays, JetZone reserves the right to refuse admission to the relevant JetZone Experience. The ticket expires without any claim for reimbursement.
5.4 It is not permitted to bring along food and drinks.
5.5 It is prohibited to use bulky or hazardous objects, fireworks or other pyrotechnic articles, weapons and dangerous tools, spray cans, sound instruments, laser pens, bottles, tins, drugs or to bring animals – except for those which are necessary for physical or mental disability.
5.6 Significant or repeated violations of the law or these conditions may be punished with removal from the JetZone Experience without reimbursement of the ticket price or voucher value and with a ban on the venue.
6.1 The customer has the option to cancel or rebook the appointment free of charge up to 48 hours before the start of the game. Just send a simple email to email@example.com.
Please note: a telephone cancellation is NOT possible. For groups of 10+ persons the cancellation has to be done 7 days before the start of the Experience.
6.2 Instead of a cancellation, section 6.1, the customer can make a transfer request to another appointment. There is no legal claim to a transfer instead of a cancellation. A transfer is only possible if there are capacities for a replacement date. A rebooking fee of 10 EUR for a single Experience will apply. The request for transfer instead of cancellation can be made only by e-mail to firstname.lastname@example.org.
Please note: a telephone transfer is NOT possible. For groups of 10+ persons the transfer has to be done 7 days before the start of the Experience.
6.3 If the deadlines are not met, JetZone reserves the right to invoice the minimum booking amount of the respective JetZone Experience according to the prices valid at the time of the booking.
7. Performance changes
Deviations from the content and changes to the JetZone Experience after booking shall only be made if necessary, insofar as they are not significant and do not significantly affect the overall content or effect of the booked mission.
8. Sound, image and film recordings
8.1 JetZone is entitled to create sound, image and film recordings during the JetZone Experience from the customer as well as from his / her fellow players, which are necessary for the performance of the game.
8.2 The customer agrees that specially created team photos can be published and disseminated online via the JetZone social media channels (Facebook, Instagram). The consent is expressly made without waiving a claim for compensation. The customer can revoke this consent at any time – at the latest when the team photo is created.
9.1. By participation in the JetZone Experiences the customer should assume all of the risks of participating, including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained or controlled by them, or because of their possible liability without fault.
9.2. By participation in the JetZone Experiences the customer certifies that he/she is physically fit and have not been advised to not participate by a qualified medical professional. They certify that there are no health-related reasons or problems which preclude their participation in the Experience.
9.3 By participation in the JetZone Experiences the customer acknowledges that these Accident Waiver and Release of Liability Statements (sections from 9.1 to 9.5) will be used by the organisers of the JetZone Experiences in which the customer may participate and that it will govern their actions and responsibilities.
9.4. In consideration of customer's application and permitting customer to participate in the JetZone Experience, the customer takes action for themselves, customer's executors, administrators, heirs, next of kin, successors, and assigns as follows: (A) THE CUSTOMER WAIVES, RELEASES, AND DISCHARGES from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for customer's death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to the customer including their traveling to and from the JetZone Experince premises. THE FOLLOWING ENTITIES OR PERSONS: ALL IN JetZone and/or their agents, representatives or volunteers. (B) THE CUSTOMER INDEMNIFIES, HOLDS HARMLESS, AND PROMISES NOT TO SUE the entities or persons mentioned in this paragraph from any and all liabilities or claims made as a result of participation in the JetZone Experience, whether caused by negligence or otherwise.
9.5. By participation in the JetZone Experiences the customer acknowledges that the JetZone Experience may carry with it the potential for death, serious injury, and personal loss. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, condition of participants, equipment, vehicular traffic, actions of other people including, but not limited to, participants, agents, volunteers, spectators, coaches, and lack of hydration. The accident waiver and release of liability statements (sections from 9.1 to 9.5) shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
9.6. Any customer who harasses other customers, misuses the equipment, facilities, installations and mechanisms of JetZone, enters Experience premises without authorisation, does not follow instructions of the game master or disregards mandatory signs and disrupts the peace in any way, will be removed from the Experience without being compensated their entry or participation fee or voucher. If necessary, legal action will be taken by JetZone.
9.7. The customer is obligated to compensate for all damages that he/she intentionally caused, especially those in connection with the behaviour described in sections 5.2, 5.4 and 5.5 of this Terms and Conditions. Accompanying persons are responsible for the damage caused by children and/or persons with intellectual disabilities, as in accordance with section 5.1 of this Terms and Conditions.
9.8. In the case of impossibility and delay as well as violation of contractual obligations, JetZone is liable for slight negligence but limited to the typical foreseeable damage. Substantial contractual obligations (cardinal obligations) are contractual obligations whose fulfilment makes the proper execution of the contract possible and on whose compliance the contractual partner regularly trusts and may trust. Typical, foreseeable damages are those that are subject to the protection purpose of the respectively violated contractual norm. Apart from that JetZone is not liable for slight negligence. The foregoing limitations on liability also apply to JetZone vicarious agents.
9.9. Complaints if any must be made to the JetZone representatives before leaving the JetZone Experience premises. Claims at a later date will not be accepted.
10. Offsetting, Contractual Language, Applicable Law and Jurisdiction
10.1 The customer is entitled to offset only if his claim is undisputed or legally established, unless it is a claim from the same contractual relationship. The customer is entitled to a right of retention only if his counterclaim is based on the same contractual relationship.
10.2 The contract is concluded in German language. All disputes arising from the legal relationship between the customer and JetZone are subject to the law of the Republic of Austria. In the case of consumers, this choice is valid only in so far as the protection
afforded by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn. The validity of UN purchasing law is excluded.
10.3 Jurisdiction is the place of business of JetZone if the customer is a merchant, a legal person of public law or a public special fund.