GENERAL TERMS AND CONDITIONS (GTC)
Lisann Binder (Samavarta)
c/o Postflex #6035 Emsdettener Str. 10
48268 Greven
GTC Status: 21.08.2024
§ 1 Scope of Application
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1.1 These GTC apply to all participants in the "Samavarta" platform/app operated by Lisann Binder (Samavarta) ("Provider") and Espoto GmbH ("Software Provider") and the associated "Quests."
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1.2 Terms and conditions of the participant or third parties do not apply, even if the provider does not explicitly object to their validity in individual cases. Any reference by the Provider to letters or emails from the Participant containing the Participant's GTC does not constitute consent to the validity of those GTC.
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1.3 If the parties make agreements that deviate from these GTC, such agreements shall take precedence over the provisions of the GTC. Deviating agreements must be in written form and confirmed in writing by the Provider to be valid.
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1.4 The Provider has the right to amend and/or supplement these GTC unilaterally with effect for the future, to the extent necessary to safeguard legitimate interests (e.g., changes in the legal situation, technical circumstances, disruptions to the principle of equivalence, etc.). The Participant shall be informed in advance of the intended changes or additions to these GTC with a reasonable period of notice. If the Participant does not object to the validity of the new GTC within two weeks of notification (the "Objection Period"), the amended GTC shall be deemed accepted by the Participant. In its notification, the Provider shall draw attention to the right of objection and the significance of the objection period. In the event of an objection, the Participant may continue to use the service in accordance with the previous version of the GTC.
§ 2 Services
2.1 The Provider offers Participants in Germany several unaccompanied quests, each with different individual services. These are fixed, logistically coordinated, and self-contained routes. They are referred to as "Samavarta Quests" (hereinafter referred to as "Quests"). The Quests can be booked via the Provider's website www.samavarta.com, among other places.
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2.2 Each Quest consists of several stations with various puzzle, clue, or information points. These "points" may contain games, tasks, images, maps, audio files, videos, physical tools, and/or descriptions, which Participants can use, complete, or solve to find their way to the next station, either alone or in a team. If a solution is not visible, a walkthrough is available to the Participants.
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2.3 Unless expressly agreed otherwise in writing, the Provider does not owe any specific success (achievement).
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2.4 The Provider is entitled to change the design and presentation of the platform/app and the associated Quests at any time at its own discretion. The Provider is entitled to change, supplement, or discontinue individual functionalities and contents of its services, provided that this does not impair the Provider's essential performance obligations towards the Participant.
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2.5 The Provider shall make reasonable efforts to ensure uninterrupted operation of the Platform. However, it cannot be guaranteed that the operation of the platform will not be interrupted. Maintenance work, in particular, can lead to disruptions and interruptions to operation.
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2.6 The purchased ticket is valid for an unlimited period of time. However, the validity ends at the latest when the provider ceases trading.
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​2.7 It cannot be guaranteed that every player will have the same gaming experience. Bonuses/goodies may vary depending on the time, location and opening hours of the partners. Such variation does not justify any claim to a deviation in the remuneration paid out.
§ 3 Obligations to Cooperate
3.1 The Participant is obliged to provide all data requested during registration completely and truthfully. If the Participant suspects unauthorized access to the registered account and/or there are indications of such access, the Participant must inform the Provider of this.
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3.2 The Participant is obliged to exercise the greatest possible care when using IDs, passwords, usernames, or other security devices provided in connection with the Services and to take all precautions to ensure the confidential and secure handling of the data, preventing third parties or other unauthorized persons from gaining knowledge thereof. The Participant shall be liable for the use of their password or username by third parties or other unauthorized persons, unless they can prove that they were not responsible for the access to this data and that the reasons for this could not be influenced by them.
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3.3 The Participant must always ensure that the necessary (including technical) requirements (sufficient Internet connection, camera, microphone, etc.) are met in order to use the Provider's services. If the performance of the service is disrupted or impossible due to a breach of such a secondary obligation, the Provider's claim to remuneration shall remain unaffected.
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3.4 If a station is not located outdoors but in a closed room, sound, photo, and film recordings by the Participant require the written consent of the Provider.
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3.5 The Participant undertakes to behave respectfully at the partner stations and to follow the local rules and instructions.
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3.6 On private property, the Participant is obliged to adhere exclusively to the specified route.
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3.7 Travel to and from the booked Quest is the sole responsibility of the Participant.
§ 4 General Conditions of Participation
4.1 Each participant in each group requires their own valid ticket.
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4.2 Each Participant must be physically and mentally capable of walking in the city and in parks and of orienting themselves in the terrain. An average level of orientation is required. Special local and national knowledge is not required. The tasks are adequately described on the platform/app, and any special requirements are indicated there accordingly.
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4.3 Persons who are prone to cramps or fainting spells, as well as mentally and physically severely disabled persons, are only permitted to use and stay on the course if accompanied by a companion.
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4.4 Serious physical illnesses that could significantly impair the use of the Quest (e.g., epilepsy, cardiovascular diseases) as well as mental illnesses in the form of perceptual disorders must be reported. The Provider reserves the right to refuse the use of the Quest in individual cases, taking into account the interests of the Participant concerned.
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4.5 Animals are generally permitted, but in this case, the respective outdoor variant must be played at the stations.
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4.6 The recommended minimum age for Participants is 14 years. For pupils, the recommendation applies from the 7th grade.
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4.7 Children and young people under the age of 15 may only participate if accompanied by a parent or guardian (e.g., a teacher) who must be at least 16 years old. Each team must have at least one carer aged 16 or over or a parent present. The respective supervisor must be able to provide proof of authorization to supervise at all times by presenting suitable documents. Participants must be able to prove their age at all times by presenting suitable documents, especially in cafés/bars where alcohol is served.
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4.8 Only the Quests specifically marked on the Provider's website are barrier-free and suitable for participants with baby carriages and/or wheelchairs.
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4.9 Before the start of the respective Quest, each Participant will receive an individual access ticket entitling the eligible Participants to participate in the respective Quest booked (hereinafter "Espoto Ticket"). The Espoto Ticket entitles the Participant to participate in the Quest and to make use of the other service components in accordance with the respective booking confirmation. The Espoto Ticket must be carried by the Participants at all times during participation and presented to the respective employees of the Provider and the partners upon request.
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4.10 Subject to supplementary or deviating provisions for individual Quests on the website www.samavarta.com, the following minimum equipment is required for the use of a Quest: - one mobile phone/smartphone capable of receiving and transmitting per Participant, whereby the usage fees shall be borne by the Participants, and - leisure clothing suitable for the weather and good footwear for the Quests.
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§ 5 Conclusion of Contracts
5.1 The presentation of the services on the website, in social networks, in advertisements, and brochures does not constitute a binding offer by the Provider to conclude a contract.
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5.2 For an order/booking, the Participant goes through the booking process via the Provider's website/app. The Participant selects the desired Quest, enters their personal data (in particular first/last name, address, email address, language), selects the number of tickets, and chooses the payment method. In addition, the Participant must confirm acknowledgment and acceptance of the privacy policy (link) and these GTC by clicking on boxes (so-called "optin"). The Participant can either register permanently by creating an account or book as a guest. By clicking on the "Order with costs" button, the Participant submits an offer to conclude a contract. The Participant then receives an automated email to the email address they have provided, confirming receipt of the offer. The transmission of this confirmation email does not constitute acceptance of the offer. Acceptance and dispatch of the ticket are effected by the sending of an email by Espoto GmbH, at the latest at the start of service provision by the Provider.
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5.3 The Provider reserves the right not to conclude the contract if the intended number of Participants is exceeded.
§ 6 Terms of Payment
6.1 The prices stated and communicated by the Provider are binding. The prices do not include VAT, as the Provider is exempt from VAT in accordance with § 19 UStG. The amount of the remuneration is based on the agreement reached between the parties or on the prices published on the platform.
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6.2 Unless otherwise agreed individually, the remuneration owed by the Participant is due immediately, in full and in advance, upon acceptance of the offer.
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6.3 The Provider shall issue the Participant a proper invoice.
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6.4 Payment shall be made by credit card, Google Pay, Apple Pay, Sofortüberweisung (Klarna), or PayPal
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6.5 Offsetting against counterclaims is only permitted on a reciprocal basis if the other contracting party has acknowledged the offsetting or if this has been legally established. The same applies to the assertion of rights of retention or withholding by the Participant.
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6.6 Payment shall be deemed to have been made only when the Provider can dispose of the amount.
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6.7 The Provider is entitled to block the Participant's access to the platform if the agreed payment deadline is exceeded by more than 7 days.
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6.8 The Participant agrees that invoices, payment reminders, and related correspondence may be sent electronically.
§ 7 Cancellation, Termination, Refunds
7.1 Cancellation by the Participant must be made in writing and is possible free of charge up to 14 days before the booked date.
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7.2 In the event of cancellation less than 14 days before the booked date, 50% of the participation fee will be charged. If cancellation is made on the day of the event, the full participation fee is due. The assertion of a participant's cancellation insurance policy remains unaffected.
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7.3 Participants who cancel must have valid and compelling reasons that justify the refund.
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7.4 In the event of force majeure (e.g., extreme weather conditions), interruptions in operations (e.g., power outages), or other unforeseeable disruptions (e.g., train cancellations, interruption or Rail Replacement Service in public transport), the Provider is entitled to postpone or cancel the Quest at short notice. The Participant will be informed as soon as possible. Any payments already made will be refunded in full in the event of a cancellation. Further claims by the Participant are excluded.
§ 8 Right of Withdrawal
The Participant has no right of withdrawal in accordance with Section 312g (2) No. 9 of the German Civil Code (BGB), as the quests booked are for the provision of services related to leisure activities, where the contract is concluded for a specific period of time. Each ticket order is therefore binding immediately upon conclusion of the contract and obliges the Participant to accept and pay for the tickets ordered.
§ 9 Confidentiality
9.1 During the term of the contract, “confidential information” may be disclosed to the other party. This includes, in particular, individual game elements of the quests such as tasks, maps, mini-games, puzzles, audios, gameplay, etc. This confidential information may not be passed on to third parties or made accessible to third parties in any other form. The Participant undertakes to take all reasonable precautions to prevent access by third parties.
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9.2 Confidential information does not include information that is or has become generally known (common property) or becomes generally known through no fault of the Participant, or has been or will be lawfully obtained by a third party.
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9.3 The Participant is released from the duty of confidentiality towards employees, assistants, and deputies. However, the Participant must transfer the duty of confidentiality to them—to the extent permitted by employment law—and shall be liable for their breach of the duty of confidentiality as for his own breach.
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9.4 The duty of confidentiality shall extend beyond the duration of this contractual relationship.
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9.5 Statutory or official disclosure obligations are excluded from the confidentiality obligation.
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9.6 In the event of a breach of the obligations specified in § 9, the Participant undertakes to pay the Provider an appropriate contractual penalty. The amount of the contractual penalty shall be determined by the Provider. The Participant may have the amount of the contractual penalty reviewed by the competent court. The contractual penalty shall be offset against any claims for damages asserted due to a breach of the duty of confidentiality.
§ 10 Rights of Use
10.1 The Provider grants the Participant a simple right of use to the content (maps, images, audio, videos, texts, etc.) provided by it in connection with the fulfillment of its contractual obligations. The transfer takes place for the duration of the contract term. The rights of use are not transferable to third parties (including affiliated companies). Processing in accordance with § 23 UrhG is excluded.
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10.2 The transfer is subject to the proviso that the Participant has paid the remuneration due to the Provider under the contract in full and on time.
§ 11 Liability
11.1 The Provider shall be liable without limitation for intent and gross negligence. In the event of simple negligence, the Provider shall only be liable for damages arising from injury to life, limb, or health, or from a material contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the Participant may regularly rely. In such cases, however, liability shall be limited to compensation for foreseeable, typically occurring damages.
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11.2 The above limitations of liability shall also apply in favor of the legal representatives and vicarious agents of the Provider.
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11.3 The Provider recommends that the Participant take out insurance.
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11.4 The Provider advises against using means of transportation that are not necessary for health reasons (e.g., wheelchairs). The Provider recommends completing the Quests on foot.
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11.5 The Provider accepts no liability for the (historical) information provided in the Quests. A source reference is provided at the end of each quest via a link. All information is provided without guarantee.
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11.6 The storytelling in the quests is divided into two areas. One area is the narrator, who presents the facts. The second area is the person who is the subject of the respective quest. This is a fictional part in which all information is also without guarantee. Similarities with living or deceased persons are purely coincidental.
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11.7 The quests are located either outdoors (usually freely accessible to the public) or on the premises of the partners. Despite regular monitoring and maintenance of the Quests, it is possible that individual parts and stations may not be usable or not fully usable for a short period of time (e.g., due to weather conditions, willful destruction/damage, deviating opening hours, maintenance). Insofar as this does not significantly impair the Provider's service obligations to the Participant, such circumstances shall not give rise to any warranty claims by the Participant.
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11.8 Each Participant is responsible for their own health and safety. This also includes possible allergic reactions to integrated snacks and drinks in the Quest. The Participant is obliged to take appropriate precautions and to inquire about the ingredients themselves. It is the Participant's responsibility not to consume or come into contact with any substances that are hazardous to them.
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11.9 The Provider recommends that Participants refrain from consuming fruits/berries and plants from gardens and the great outdoors during the course.
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11.10 The Participant undertakes to behave responsibly in traffic and in the environment at all times during participation and to respect the rights and privacy of others.
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11.11 The Participant undertakes not to neglect road traffic when using audio tools and to use headphones responsibly.
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11.12 Construction sites may not be entered.
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11.13 The Provider shall not be liable for any damage resulting from non-compliance with the above obligations.
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§ 12 Final Provisions
12.1 The law of the Federal Republic of Germany shall apply.
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12.2 Should individual provisions of these GTC, including this provision, be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. The invalid or missing provisions shall be replaced by the relevant statutory provisions.
12.3 If the Participant is an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), the place of performance and exclusive place of jurisdiction shall be the registered office of the Provider.