LifeDive GmbH (hereinafter: "LifeDive"), Seitenstettengasse 5/37, 1010
Vienna, offers services and products in the area of city rallies to interested
persons (hereinafter: "Customer") under the name "LifeDive Adventures".
LifeDive GmbH appoints vicarious agents (hereinafter: "Guide") for the
introduction and implementation of the City Tours.
The following General Terms and Conditions (hereinafter: "GTC") conclusively and exclusively govern the conclusion of the contract with LifeDive as well as its execution.
The subject of the contract is the execution of Outdoor Escape Games and
City Tours. With the assignment of the booking number, a binding contract is
created between LifeDive GmbH and the customer. LifeDive offers leisure
activities for private groups and company groups between 2 and 300
persons in Vienna. The minimum age for booking customers is 18 years. The
group of participants of the leisure event can also consist of younger
participants. Minors must be accompanied to the venue by an adult on the
day of the event.
The goal of the leisure activities is to solve tasks and puzzles together as a team. The leisure experiences have a fixed duration, which will be communicated during the booking process. In the case of the city rallies, the game location is a fixed route in the public space, which is explored independently by the group. If the group is late, LifeDive cannot guarantee that the booked offer can be carried out as scheduled. No previous knowledge or special physical characteristics (e.g. height or strength) are required to complete the tasks, only brains and skill are needed. Nevertheless, LifeDive advises you to be physically fit for the City Missions, as the city rallies require you to cover several kilometers of distance.
3.1 All prices shown on the website and in mail correspondence include the currently valid statutory value added tax. The prices for the city rallies apply to the entire group, depending on the number of persons. Payment can only be made online via PayPal, credit card or bank transfer. Cash payment is not possible.
3.2 If more people have paid in advance than have finally participated, the additional payments already made will be refunded exclusively with value vouchers for further offers from LifeDive. If the customer terminates the City Mission early at his/her own request, no refund or partial refund of the game price will be made.
3.3 In the event of deviations in the number of participants for corporate events by more than 10%, LifeDive is entitled to reset the agreed prices, for a deviation of 10 to 20% by 15%, beyond that by up to 20%. If the actual number of participants deviates from the (guaranteed) number of participants by more than 40%, LifeDive is entitled to refuse the service.
4.1 The services offered by LifeDive GmbH are considered leisure services within the meaning of. § 18 Abs 1 Z 10 FAGG. Leisure services are excluded from the statutory right of withdrawal, the consumer therefore has no right of withdrawal iSd. FAGG to the consumer.
4.2 The cancellation of an appointment is possible up to one week before the start of the event (date of the appointment), in which case a cancellation fee of 50% of the total price according to the booking will be retained (or invoiced). In the last week before the event, cancellation is no longer possible or the cancellation fee is 100% of the total price.
4.3 A postponement of the date is possible free of charge until four weeks before the event, after that a handling fee of 15% of the total price will be charged.
4.4 LifeDive GmbH reserves the right to cancel already confirmed bookings for internal reasons. In such cases, the payment made will be refunded within a period of 1 week.
4.5 LifeDive shall inform the Customer immediately of any changes or deviations in individual services that become necessary after conclusion of the contract. Insofar as the agreed content of the contract is not or only insignificantly affected by the changes, the Customer shall not be entitled to terminate the contract due to these deviations.
5.1 The execution or participation in one of the offered tours is at the customer's own risk. A liability for personal injury or property damage of the seller is excluded. The seller undertakes to plan and implement the offered services conscientiously. The Seller's liability shall be governed solely by the written agreements between the parties. All claims not expressly granted herein - including claims for damages, regardless of their legal basis - are excluded, unless they are based on an intentional or grossly negligent breach of contract by the Seller, a legal representative or a vicarious agent.
5.2 Children before the age of 14 are only permitted to participate together with an adult accompanying person. The accompanying person is responsible for supervising the children and in particular for ensuring their safety and protecting them from harm. The minimum age for using the equipment is 9 years. Younger children may participate in the game as accompaniment.
5.3 The player is obliged to pay compensation for all damages caused intentionally to the equipment received or if he does not return it to the agreed place. Accompanying persons are responsible for the damage caused by children.
5.4 Playing the mission is at your own risk. The player is obliged to take care of his own safety by observing the road traffic regulations and taking the usual care in road traffic.
5.5 Depending on the type and character of the games, there may be narrow places or steps. Persons with brain or nervous system disease (e.g. epilepsy, severe mental or physical disability) may participate in the game as accompanying persons.
5.6 Excluded from the game are persons with infectious and/or contagious diseases and persons under the influence of intoxicating substances.
If performance problems occur during the usage period for which LifeDive is responsible, or if the contractual service is not provided, the Customer must inform LifeDive by phone or e-mail within the usage period. In such a case, the Seller will refund the service not provided. Operational failures caused by the Customer, such as the use of unsuitable software or hardware (especially mobile devices without GPS or data reception), insufficient reception or insufficient data volume, as well as any other service interruptions caused by the Customer, are not covered by this warranty.
7.1 All services provided by the Seller, in particular the tasks of the city rallies, including individual parts thereof, are the property of LifeDive. Upon payment of the agreed price, the Customer acquires the right of use only for the agreed purpose. Unless otherwise agreed with the seller, the customer may only use the services himself and only for the duration of the contract. Any further use, transfer to third parties or partial or complete reuse of the Seller's ideas on the part of the Customer is not permitted. Use of the services provided by the Seller that goes beyond the originally agreed purpose and scope of use requires the consent of LifeDive. The use, reproduction or disclosure of the Seller's event content is prohibited and may have legal consequences, in particular claims for damages.
7.2 The operator also reserves the right to use photos of the game with players for promotional purposes, etc.
The legal relationship between customers and LifeDive GmbH shall be governed exclusively by Austrian law, with the exception of the conflict of law provisions.
The place of performance is Vienna, 1st district, regardless of the actual location of the event or order fulfillment. The place of jurisdiction for all disputes arising directly or indirectly between LifeDive GmbH and the Customer is agreed to be the Austrian court with subject-matter jurisdiction for Vienna, 1st District. Austrian law shall apply. However, LifeDive GmbH is also entitled to invoke another court having jurisdiction over the customer.
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