Terms & Conditions / Imprint
General Terms and Conditions (GTC)
Phobia GmbH, FN 426123 b,
A-1010 Vienna, Himmelpfortgasse 17
VAT ID: ATU69599703
Place of jurisdiction: Vienna
1 Applicability, Conclusion of Contract
1.1 Phobia GmbH, FN 426123 b, with its registered office in Vienna and business address at A-1010 Vienna, Himmelpfortgasse 17 (“Company”), provides its services exclusively on the basis of the following General Terms and Conditions (“GTC”). These apply to all types of services between the Company and the Customer.
1.2 Any business terms or other contractual conditions of the Customer will not be accepted, even if known, unless expressly and in writing agreed otherwise in individual cases. No further objection to the Customer’s GTC by the Company is required.
1.3 Should individual provisions of these GTC be invalid, this shall not affect the validity of the remaining provisions and the contracts concluded on the basis thereof.
1.4 The Company’s offers are subject to change and non-binding.
2 Appointments & Rescheduling
2.1 Appointments reserved by the Customer are binding.
2.2 In order to ensure a smooth game flow and to enable all customers to start the games on time, it is essential that the Customer arrives 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 premises ten minutes before the booked appointment. Please note that time slots are reserved separately for each group and the room is prepared accordingly.
2.3 If the group arrives no more than 15 minutes after the agreed appointment, the group may still attend this appointment. However, the time of the delay will be deducted from the
2.4 If the group arrives more than 15 minutes after the agreed appointment or fails to appear, this appointment is forfeited. The Company will attempt to reassign the appointment to other customers. If this succeeds, a flat cancellation fee of 50% of the agreed fee becomes due. If the booked appointment cannot be reassigned to other customers despite reasonable efforts, 100% of the booking amount will be charged as a cancellation fee, whereby the Company will deduct any expenses saved. The cancellation fees are subject to the court’s right of moderation pursuant to § 1336 (2) ABGB. If the Customer wishes the Company to hold the agreed appointment for longer than 15 minutes, the Customer must notify the Company by telephone no later than 15 minutes after the start of the appointment. In this case, the Customer must pay the full fee. The time of the delay will be deducted from the
2.5 Cancellation of a booked appointment by the Customer is not possible. Rescheduling of a booked appointment is possible up to 24 hours before the appointment without an additional processing fee. For rescheduling less than 24 hours before the booked appointment, 30% of the booking amount will be charged as a flat processing fee. This flat processing fee is subject to the court’s right of moderation pursuant to § 1336 (2) ABGB.
3 Prices
3.1 The prices for participation in the escape games can be viewed online. The prices apply per group, include VAT and other duties at the statutory rate.
3.2 The prices valid on the day of booking shall apply.
4 Payment, Retention of Title
Payment must be made in advance. The amount can be paid online or on-site during the booking. An unpaid reservation with payment at the booked appointment is not possible. Payment is due immediately upon receipt of the invoice and without deduction, unless special payment terms are agreed in individual cases. This also applies to the billing of all cash expenses and other costs.
5 Terms of Use
5.1 The scope of services to be provided is set out in the service description and may be changed by the Company at any time without prior notice or notification to customers. However, the latter does not apply to services already booked.
5.2 All services of the Company remain the property of the Company.
5.3 The setup, design, and content of our game rooms have been developed with great effort. They are the Company’s trade secrets. Bringing mobile phones with photo or video recording functions, cameras, digital cameras, video, DVD, and similar image or sound recording devices into the game rooms by game participants and their companions is prohibited. Game participants are obliged to hand in such items (with the exception of those that the Customer must carry for health reasons, for example) at the reception before entering a game room and to collect them after leaving the game room. If items are not collected upon leaving the game rooms, the Company will make reasonable efforts to identify their owner and, if the Company has their contact details, contact them. Items whose owner cannot be contacted or which are not collected by the owner within three days of the day of the presentation or after contact by the Company will be handed over to the lost property office.
5.4 For the use of the Company’s services that goes beyond the originally agreed purpose and scope of use — regardless of whether this service is protected by copyright — the Company’s consent is required. The Company and the author are entitled to separate reasonable remuneration for this. The Customer is liable for any unlawful use at double the amount of the reasonable fee for such use.
5.5 All exploitation rights (rights of use), regardless of the legal basis, are expressly exclusively held by the Company.
5.6 The Company reserves the right to offer the premises and services provided as a non-publicly accessible facility. Game participants are requested to reserve an appointment for a game in the desired premises via the online booking system. It is not permitted to enter the individual premises outside the booked appointments and without prior online booking.
5.7 Visiting or participating in the Company’s events may only take place in good physical and health condition. The Customer is obliged to inform themselves on the homepage about the game rooms and to assess for themselves whether they are in sufficiently good condition to visit a game room.
5.8 Persons under the influence of alcohol, drugs, or other psychoactive substances, as well as persons suffering from a serious illness such as epilepsy, cardiovascular diseases, claustrophobia, panic attacks, or discomfort in dark rooms, or persons who fear that their condition could worsen in the facility (partly narrow spaces), are prohibited from participating in the games.
5.9 Children up to the age of 12 may only participate in the game accompanied by an adult trusted person. Children aged 12 to 14 may only visit the venue accompanied by an adult trusted person. However, the trusted person may remain in the waiting area. Parents are liable for their children in the event of a culpable breach of their supervisory duty.
5.10 When a group of children visits, the responsible person must be named as such. This accompanying person is responsible for supervising the children and in particular for ensuring the safety of the children.
5.11 Anyone who harasses other visitors, enters the premises contrary to these GTC, fails to comply with the instructions of the supervisory staff or mandatory signs, or otherwise causes a disturbance, may be expelled from the game rooms without any claim to a refund of the game price. In the event of violence or destruction of the facilities, the game may be terminated prematurely without any claim to a refund. Any further claims for damages are reserved.
5.12 Smoking and handling open flames, as well as carrying dangerous objects (e.g., stabbing and firearms, etc.) that could cause bodily injury or death, is strictly prohibited.
5.13 The Customer is liable for damages for property and financial losses caused negligently or intentionally.
5.14 Any theft or attempted theft will be reported and a processing fee of EUR 250 will be charged.
5.15 Bringing food and drinks into the game rooms is not permitted.
5.16 The supervisory staff is entitled to search the bags and clothing of game participants before entering and upon leaving the game room. If a game participant refuses or prevents the search, access to the game rooms will be denied without a refund of the fee. If it turns out after the player has entered the game room that they have brought one of the prohibited items into the game room, the player will be expelled from the facility without a refund of the fee paid.
6 Limitation of Liability
6.1 The Company is liable without limitation for intent and gross negligence.
6.2 In cases of slight negligence, the Company’s liability for property and financial damages is excluded, except in the case of breach of essential contractual obligations. For personal injury, the Company is liable without limitation.
7 Changes to the GTC
The Company reserves the right to change these GTC at any time and without prior notice to customers. The respective valid GTC can be viewed on the homepage and in the cashier area. The GTC valid at the time of the Customer’s booking shall apply.
8 Applicable Law
The contract and all mutual rights and obligations and claims derived from it between the Company and the Customer are subject to Austrian law, excluding the conflict-of-law rules of private international law and the UN Convention on Contracts for the International Sale of Goods. This choice of law does not result in the Customer being deprived of the protection granted to them by those provisions from which, under the law of the state in which they have their habitual residence, no deviation may be made by agreement (principle of favorability).
9 Place of Performance
The place of performance is the Company’s registered office.
Insofar as designations relating to natural persons are used in this contract only in the masculine form, they refer to women and men in equal measure.
