1 Scope
(1) These General Terms and Conditions (the “Terms”) apply to all contracts between One Hour Left GmbH (the “Operator”) and its customers concerning the booking of and participation in leisure, entertainment and experience activities.
(2) In particular, the Terms apply to:
- escape room experiences,
- horror and special experiences,
- virtual reality activities,
- outdoor missions and city rallies,
- corporate events and team-building events,
- children’s birthday parties,
- gift vouchers,
- and other leisure and experience services offered by the Operator.
(3) Any differing terms and conditions of the customer do not apply unless their application has been expressly agreed in writing.
(4) By booking a service, purchasing a gift voucher or participating in an event, the customer accepts the version of these Terms valid at the time of booking.
(5) The customer’s contracting party is the company specified in the relevant booking process, booking confirmation or gift voucher.
(6) Statutory consumer protection rights remain unaffected by these Terms.
2 Contract formation and booking
(1) The Operator’s services may be booked online through the booking system, by telephone, by email or on site.
(2) The presentation of services on the website, social media, flyers or other advertising material does not constitute a binding offer, but an invitation to submit a booking.
(3) By completing the booking process, making a telephone reservation, booking by email or making an arrangement on site, the customer submits a binding offer to enter into a contract.
(4) The contract is formed through the Operator’s booking confirmation, the booking system’s automated confirmation or performance of the service.
(5) The customer must provide truthful and complete booking information. Changes to relevant information must be communicated to the Operator without delay.
(6) The Operator reserves the right to reject or cancel bookings for an objective reason. This applies in particular in cases of:
a) obvious pricing or input errors,
b) technical faults,
c) double bookings,
d) safety concerns,
e) incorrect customer information,
f) force majeure.
(7) Obvious mistakes, typographical, calculation, transmission or technical errors do not establish any entitlement to performance of the service on incorrect terms.
(8) The customer must check the booking confirmation for accuracy upon receipt and report any errors without delay.
(9) Reservations for which no advance payment has been agreed remain binding until the booked date and are subject to the provisions of these Terms on rescheduling, cancellation and failure to attend.
3 Prices and payment terms
(1) The prices published at the time of booking apply. All prices include statutory VAT unless expressly stated otherwise.
(2) Depending on the offer and type of booking, payment may be made in particular by PayPal, credit card, EC/debit card, cash, gift voucher or on account.
(3) The Operator may require full or partial advance payment for individual services or events.
(4) Unless advance payment has been agreed, the invoice amount must be paid no later than before the booked service begins.
(5) Gift vouchers may be used as payment in accordance with their respective conditions. Cash payment of gift vouchers or remaining balances is excluded unless required by law.
(6) For bookings on account, the invoice amount is due without deduction within 14 days of the invoice date unless the invoice specifies a different payment period.
(7) If the customer defaults on payment, statutory provisions governing late payment apply. The Operator may pursue outstanding claims.
(8) The Operator reserves the right to reject future bookings or accept them only against advance payment where claims remain outstanding.
(9) The customer may not set off claims against the Operator unless the counterclaim is undisputed or has been established by a final court judgment.
4 Gift vouchers
(1) Gift vouchers may be purchased through the website, on site or through other sales channels offered by the Operator.
(2) Gift vouchers may be redeemed for the Operator’s services according to their value or specified purpose.
(3) Unless the gift voucher expressly states otherwise, the statutory limitation period applies. The period begins at the end of the year in which the gift voucher was purchased.
(4) Cash payment of the gift voucher’s value or any remaining balance is excluded unless required by law.
(5) If the available gift voucher balance is insufficient for the desired service, the difference may be paid using one of the payment methods offered.
(6) Any remaining balance is retained until the statutory limitation period expires and may be used for future bookings.
(7) Gift vouchers are generally transferable unless expressly agreed otherwise.
(8) To the extent permitted by law, the Operator accepts no liability for loss, theft, damage or unauthorised use of gift vouchers.
(9) Commercial resale of gift vouchers requires the Operator’s prior consent.
(10) If a booking paid for with a gift voucher is cancelled, any refund will generally be made as credit or by reactivating the gift voucher originally used.
5 Rescheduling
(1) The customer may reschedule a booked service to another date, subject to available capacity.
(2) Rescheduling requests must be received by the Operator by telephone, email or in text form.
(3) Rescheduling is possible free of charge up to 48 hours before the booked time.
(4) Rescheduling less than 48 hours before the booked time incurs a rescheduling fee of €50.00.
(5) At its discretion, the Operator may waive the rescheduling fee or permit rescheduling as a gesture of goodwill. There is no entitlement to this.
(6) Payments already made will be credited to the new date when a booking is rescheduled.
(7) If the newly selected service costs more than the originally booked date or service, the customer must pay the difference.
(8) If the newly selected service costs less than the originally booked service, there is no entitlement to payment of the difference. At its discretion, the Operator may grant the difference as credit for future bookings.
(9) There is no entitlement to rescheduling if no suitable replacement dates are available.
(10) Different rescheduling conditions may apply to corporate events, group events, exclusive bookings, events with catering or other individually agreed services. These are set out in the relevant offer, order confirmation or section 16 of these Terms.
(11) The cancellation provisions in section 6 remain unaffected.
6 Cancellation and failure to attend
(1) The customer may cancel a booking free of charge up to 48 hours before the booked time.
(2) Compliance with the deadline is determined by the time the Operator receives the cancellation.
(3) Cancellations may be made by telephone, email or in text form.
(4) If a booking is cancelled less than 48 hours before the booked time, the full booking value becomes payable. This applies whether or not the service has already been paid for.
(5) If the customer or booked group does not attend at the agreed time (“no-show”) without having cancelled within the deadline, the full booking value remains payable.
(6) The customer’s late arrival does not entitle them to a reduction in the booking price. The Operator may shorten the available game or event time accordingly if necessary for organisational reasons.
(7) If the booked service cannot be performed, or cannot be performed in full, due to circumstances for which the customer is responsible, there is no entitlement to a refund or substitute service.
(8) Payments already made will not be refunded if cancellation is late and will be offset against the cancellation charges due.
(9) The customer retains the right to demonstrate that the Operator suffered no loss or a substantially smaller loss.
(10) Different cancellation conditions may apply to corporate events, group events, exclusive bookings, events with catering or other individually agreed services. These are set out in the relevant offer, order confirmation or section 16 of these Terms.
7 Participation requirements
(1) Customers participate in the Operator’s services at their own responsibility.
(2) Participants must follow staff instructions at all times. This applies in particular to safety instructions, emergencies and instructions for the proper conduct of the event.
(3) Participation is prohibited for persons who:
a) are substantially under the influence of alcohol, drugs or other intoxicating substances,
b) endanger the safety of other participants or staff through their behaviour,
c) substantially disrupt the proper conduct of the event,
d) repeatedly fail to follow staff instructions.
(4) Where the conditions in paragraph 3 apply, the Operator may exclude participants from all or part of the activity or terminate the event.
(5) Where exclusion is justified, there is no entitlement to a refund, substitute service or damages.
(6) Before the event begins, participants must, if asked, inform the Operator of any health limitations that could affect safe participation.
(7) Persons with health limitations, particularly cardiovascular conditions, epilepsy, severe anxiety disorders, claustrophobia, pregnancy or comparable impairments, should assess before participating whether the booked service is suitable for them.
(8) The Operator reserves the right to specify particular participation requirements for individual offers. These will be communicated on the website, during booking or on site.
(9) Participants must handle the facilities, puzzles, equipment, technical devices and other items provided carefully and for their intended purpose.
(10) Deliberately bypassing game mechanics, wilfully damaging facilities or behaving unsafely is prohibited and may lead to immediate exclusion from the event.
8 Participants under 18
(1) Participation by minors is subject to the age requirements specified for the booked offer. These may be communicated on the website, during booking, in the booking confirmation or on site.
(2) Minors may participate only if the age and participation requirements for the relevant offer are met.
(3) If a participant under 16 attends an event without an accompanying adult supervisor, written consent from a parent or legal guardian must be presented before the event begins. The Operator may refuse participation if that consent is missing.
(4) The Operator does not assume a general duty to supervise participants who are minors. That duty remains with the parents or legal guardians, or the supervisors appointed by them, unless expressly agreed otherwise.
(5) Accompanying persons and supervisors must work to ensure that minors comply with the safety and conduct rules.
(6) At children’s birthday parties, school events, club outings or comparable group events, at least one suitable supervisor is responsible. Responsibility for the supervision, care and conduct of minors remains with the relevant supervisor.
(7) The Operator may refuse minors participation or terminate the event if the required age conditions, consent declarations or supervision duties are not fulfilled.
(8) Where exclusion under paragraph 7 is justified, there is no entitlement to a refund or damages.
(9) Further statutory provisions protecting minors remain unaffected.
(10) Particular age requirements may apply to individual offers. If a minor is below the minimum age specified for an offer, express consent from a parent or legal guardian is required. Consent does not establish an entitlement to participate. Admission of exceptions is at the Operator’s discretion. The Operator may require appropriate evidence of consent and refuse participation in individual cases.
9 Safety and conduct rules
(1) Participants must follow staff instructions at all times and comply with the applicable safety and conduct rules.
(2) Facilities, puzzles, equipment, technical devices and other items must be treated carefully and used only for their intended purpose.
(3) Use of force, wilful damage, forcibly opening doors, containers or facilities, and other actions that may cause damage are prohibited.
(4) Climbing on decorations, sets, furniture or other facilities not expressly intended for that purpose is prohibited.
(5) Bringing or using weapons, dangerous objects, fire, pyrotechnics or other hazardous items is prohibited.
(6) Entering staff areas, technical rooms, emergency exits or other areas not intended for participants without authorisation is prohibited.
(7) Participants are aware that individual offers may include darkness, lighting effects, fog, sounds, startling elements, physical activity or other particular influences. Participation is at their own responsibility.
(8) Emergency exits, emergency call facilities, safety equipment and fire protection equipment may be used only in an actual emergency.
(9) Participants must report apparent damage, safety defects or faults to staff without delay.
(10) The Operator may exclude participants from further participation or terminate the event if they breach the safety and conduct rules.
(11) Where exclusion or termination under paragraph 10 is justified, there is no entitlement to a refund, substitute service or damages.
10 Right to control admission and conduct on the premises
(1) The Operator and its staff have the right to control admission and conduct on the premises during all events and visits to the business premises.
(2) The Operator may exclude participants from all or part of an activity, refuse admission or terminate an event where there is an objective reason.
(3) An objective reason includes, in particular:
a) breaches of these Terms,
b) disregard of staff instructions,
c) endangering one’s own safety or that of others,
d) substantial disruption of the event,
e) aggressive, insulting, discriminatory or harassing behaviour,
f) wilful damage to facilities or inventory,
g) substantial influence of alcohol or drugs,
h) false information about age, identity or participation requirements.
(4) The Operator may exclude persons before an event begins if there are justified doubts about whether they meet the participation requirements.
(5) Where the Operator justifiably excludes a person, refuses admission or terminates an event, there is no entitlement to a refund, substitute service or damages.
(6) Further claims of the Operator, particularly for damages, remain unaffected.
(7) The right to control admission and conduct on the premises is exercised in accordance with statutory provisions.
11 Photography, video and audio recordings
(1) Photography, video and audio recordings during ongoing games, events or other services of the Operator are permitted only with the Operator’s express consent.
(2) Photographing, filming or recording puzzles, solutions, game sequences, technical installations, special effects or other essential parts of the services offered is prohibited.
(3) Publishing, distributing or passing on solutions, game content, puzzles, secrets, story sequences or comparable content capable of impairing the experience of future participants is prohibited.
(4) The Operator may instruct participants to stop recording and require deletion of unauthorised recordings to the extent permitted by law.
(5) After an event, photography and video recordings may be permitted in designated areas provided no legitimate interests of the Operator or third parties prevent this.
(6) The Operator accepts no responsibility for photographs, video or audio recordings created or published by participants.
(7) Statutory rights of the Operator, particularly copyright, trademark and data protection claims, remain unaffected.
12 Damage and participants’ liability
(1) Participants are liable under statutory provisions for damage they cause intentionally or negligently.
(2) Participants must take care when using the Operator’s premises, facilities, puzzles, technical installations, equipment and other items.
(3) Damage, malfunctions or other impairments of facilities or equipment must be reported to staff without delay.
(4) If a participant culpably causes damage, the Operator may claim the costs of repair, replacement, cleaning or other necessary measures.
(5) Where several participants jointly cause damage, they are jointly and severally liable within the scope of statutory provisions.
(6) The Operator may replace damaged or destroyed items with equivalent items, or have them repaired, and claim the necessary costs.
(7) Further statutory claims of the Operator remain unaffected.
(8) Normal wear, ordinary wear and tear, and damage arising despite use in accordance with the contract for which the participant is not responsible do not give rise to participant liability.
13 The Operator’s liability
(1) The Operator is liable under statutory provisions for loss arising from injury to life, body or health caused by an intentional or negligent breach of duty by the Operator, its legal representatives or persons employed in performing its obligations.
(2) For other loss, the Operator has unlimited liability in cases of intent or gross negligence.
(3) In cases of slightly negligent breach of essential contractual obligations, the Operator is liable only for foreseeable loss typical of the contract. Essential contractual obligations are those whose fulfilment makes proper performance of the contract possible in the first place and on whose observance the customer may ordinarily rely.
(4) In all other respects, the Operator’s liability for loss caused by slight negligence is excluded to the extent permitted by law.
(5) The Operator accepts no liability for items brought by participants, clothing, valuables or other participant property unless the damage was caused intentionally or through gross negligence.
(6) The Operator is not liable for impairments or failures caused by force majeure, official measures, power failures, technical faults beyond its control or other circumstances for which it is not responsible.
(7) The above limitations of liability also apply in favour of the Operator’s legal representatives, staff and persons employed in performing its obligations.
(8) Mandatory statutory liability provisions remain unaffected.
14 Technical faults, force majeure and impediments to performance
(1) The Operator may cancel, postpone, interrupt or adapt events, bookings or individual services where necessary because of technical faults, safety reasons or other unforeseen circumstances.
(2) Impediments to performance within the meaning of this provision include, in particular:
a) technical defects,
b) power failures,
c) network or internet outages,
d) fire, water damage or other damage to buildings,
e) official orders,
f) natural events,
g) strikes,
h) staff absence due to illness,
i) other events beyond the Operator’s control.
(3) The Operator will endeavour to inform affected customers without delay of failures, changes or interruptions.
(4) If a booked service cannot be performed due to a circumstance under paragraph 1, the Operator may, at its choice:
a) offer a replacement date,
b) offer an equivalent substitute service,
c) refund payments already made, or
d) issue credit.
(5) Further claims of the customer, particularly for travel or accommodation costs, loss of earnings, consequential loss or other expenses, are excluded to the extent permitted by law.
(6) Temporary technical faults that do not substantially impair the game or event do not establish an entitlement to a refund, damages or a reduction in the fee.
(7) If an event must end early for safety reasons or because of technical defects, the Operator will decide on substitute services, partial credits, replacement dates or refunds at its reasonable discretion.
(8) Mandatory statutory rights of the customer remain unaffected.
15 Special provisions for horror, intense and special experiences
(1) Individual offers from the Operator may involve particular stresses or impressions. These include, in particular, darkness, confined spaces, fog, lighting and sound effects, startling elements, an intense atmosphere, physical activity, psychological stress or comparable effects.
(2) Before booking, participants must inform themselves about the characteristics and participation requirements of the relevant offer.
(3) Participation is voluntary and at the participant’s own responsibility.
(4) Persons with health limitations, particularly cardiovascular conditions, epilepsy, severe anxiety disorders, panic disorders, claustrophobia, pregnancy or comparable impairments, should assess before participating whether the relevant offer is suitable for them.
(5) Particular age requirements may apply to individual offers. The applicable requirements are stated in the offer description, booking process or information provided on site.
(6) If a minor is below the age specified for an offer, express consent from a parent or legal guardian is required. Consent does not establish an entitlement to participate. Exceptions are at the Operator’s discretion.
(7) The Operator may exclude participants where there are justified doubts about their physical, psychological or age-related suitability for the relevant offer.
(8) Participants may voluntarily stop an activity at any time. This does not establish an entitlement to a full or partial refund of the booking price.
(9) Where additional participation conditions apply to individual offers, they take precedence over the general provisions of these Terms.
(10) The Operator may specify stricter age limits, safety requirements or participation requirements for individual offers than those provided in these Terms.
16 Corporate events, group events and special bookings
(1) Supplementary agreements, offers or order confirmations may apply to corporate events, group events, exclusive bookings, events with catering and other individually agreed services. In the event of a conflict, these take precedence over the general provisions of these Terms.
(2) The customer must provide the information necessary to conduct the event completely and in good time. This includes, in particular, participant numbers, schedules, contact persons and special requirements.
(3) Changes to participant numbers must be communicated to the Operator without delay. The Operator may adjust the agreed services and prices accordingly.
(4) The Operator may require a reasonable advance payment or deposit for events. The amount is specified in the relevant offer or order confirmation.
(5) Unless agreed otherwise, the following cancellation conditions apply to events with an order value of at least €1,000.00:
- a) up to 30 calendar days before the event starts: free of charge
- b) 29 to 14 calendar days before the event starts: 25% of the agreed order value
- c) 13 to 7 calendar days before the event starts: 50% of the agreed order value
- d) 6 to 2 calendar days before the event starts: 75% of the agreed order value
- e) less than 48 hours before the event starts, or failure to attend: 100% of the agreed order value
(6) Third-party costs already incurred, particularly for catering, equipment, external service providers, performers, event spaces or other services commissioned specifically for the event, must be reimbursed by the customer independently of the above cancellation conditions insofar as the Operator actually incurred those costs.
(7) Rescheduling events requires the Operator’s consent. There is no entitlement to rescheduling.
(8) When events are rescheduled, the Operator may require reimbursement of costs already incurred and a reasonable processing fee.
(9) The Operator may terminate events for safety reasons, breaches of statutory provisions or substantial disruption. In that case, section 10 of these Terms applies.
(10) Further statutory claims of the Operator remain unaffected.
17 Data protection and video surveillance
(1) The Operator processes personal data exclusively within the scope of applicable data protection legislation.
(2) Information about the processing of personal data is provided in the Operator’s current privacy policy.
(3) To ensure the safety of participants, staff, facilities and game operations, individual areas of the business premises may be subject to video surveillance to the extent permitted by law.
(4) Video surveillance serves in particular to:
a) ensure the safety of participants and staff,
b) support game supervision,
c) prevent and investigate damage, misuse or safety-related incidents,
d) ensure proper operation of the services offered.
(5) Applicable data protection information and notices about video surveillance are provided on site and/or in the privacy policy.
(6) Further information about data processing, retention periods, data subject rights and contacts is provided in the Operator’s privacy policy.
18 Intellectual property and protection of game content
(1) All game concepts, puzzles, tasks, stories, designs, graphics, text, photographs, videos, audio recordings, software, technical developments and other content of the Operator are protected by copyright, trademark or other statutory rights, or may be subject to such protection.
(2) Participation in an event or booking a service does not establish any rights in the game content or the Operator’s other protected rights.
(3) Reproducing, publishing, distributing, commercially exploiting or making available to third parties all or part of game concepts, puzzles, solutions, story sequences, technical implementations or essential components of the services offered is prohibited unless expressly permitted by law.
(4) Making and using photographs, video or audio recordings is governed by section 11 of these Terms.
(5) Use of the Operator’s trademarks, logos, company names, images, graphics or other distinctive signs requires the Operator’s prior consent.
(6) Statutory claims of the Operator arising from copyright, trademark, competition or other protected rights remain unaffected.
19 Dispute resolution
(1) The Operator is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board unless a statutory obligation to do so exists.
(2) The parties’ rights to pursue their claims before the competent courts remain unaffected.
20 Final provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not restrict mandatory statutory consumer protection provisions of the state in which the consumer habitually resides.
(2) If individual provisions of these Terms are or become wholly or partly invalid or unenforceable, this does not affect the validity of the remaining provisions.
(3) An invalid or unenforceable provision is replaced by the legally permissible provision that comes closest to the economic purpose of the invalid or unenforceable provision.
(4) The same applies to any gaps in the provisions.
(5) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or connected with the contractual relationship is the Operator’s registered office. Mandatory statutory provisions remain unaffected.
(6) Individual agreements between the Operator and the customer take precedence over these Terms.
21 Services across locations and partner companies
(1) The Operator may perform individual services itself or have them performed by affiliated companies, cooperation partners or commissioned third parties.
(2) Bookings, gift vouchers, discounts, promotions or other services apply exclusively to the locations, companies or offers specified, unless expressly agreed or advertised otherwise.
(3) The Operator may introduce offers across locations, joint promotions, voucher systems, bonus programmes or other cooperation arrangements. Their scope and conditions are stated in the relevant offer conditions.
(4) Where services are provided by other companies or cooperation partners, the contract is concluded with the service provider specified in the booking confirmation, invoice, order confirmation or relevant offer.
(5) Joint liability of several companies or cooperation partners exists only where required by law or expressly agreed.
(6) Further statutory rights of customers remain unaffected.
22 Late arrival
(1) If participants arrive late and still wish to receive the booked game or event duration in full, the Operator may agree to an extension subject to availability and operational feasibility.
(2) To cover the resulting additional supervision and staffing costs, the Operator may charge an additional fee of €6.00 for each commenced 15 minutes of extension.
(3) There is no entitlement to an extension of the booked game or event duration. The Operator decides at its discretion, taking account of ongoing operations and subsequent bookings.
