General Terms and Conditions
Preliminary Provisions
Definitions. The meanings of the following terms are hereby being adopted:
- Administrator – Escapedojo LLC.
- Website – Internet service available at escapedojo.com
- General Terms and Conditions – general terms and conditions of use of the Escapedojo website;
- User – any entity using the Website;
- Profile – account on the Website where a User can see reviews, conduct bookings, communicate with other Users etc.
- Room – escape room the information of which is available on the Website;
- Ranking – list of Rooms displayed on the Website in the order specified by a formula based mainly on the added reviews and ratings. You can see our formula here: LINK
- Company User – entity running business consisting in providing Rooms and who have Company Profile.
- Room Owner - entity being in charge of the Room.
- Company Profile - account on the Website maintained by the Administrator for Company User or Room Owner.
- Partner - Company User to whom the Administrator has granted such status in accordance with the provisions of the Terms and Conditions for Companies; unless otherwise stated, the provisions regarding the Company User also apply to the Partner;
- Room Regulations – regulations made available by the Room Owner which contain provisions regarding the use of the Room;
- Room Booking Agreement – agreement concluded between the User and the Room Owner by virtue of which the Room Owner undertakes to provide the User with a Room on the date and at the time selected by the User and under the terms described in the Room Regulations and the User undertakes to pay the Room Owner remuneration, sometimes the remuneration shall be payable in advance with the use of the Website booking system;
- Gift certificate – gift certificate issued to the bearer which can only be used via the Website as a form of payment for booking a Room.
- Gift certificate Purchase Agreement – agreement by virtue of which the Administrator undertakes to transfer ownership of the Gift certificate to the User and the User undertakes to pay the Administrator the price,
- Tabletop Game - board games offered by Administrator to buy via Website
- Tabletop Game Purchase Agreement – agreement by virtue of which the Administrator undertakes to transfer ownership of the Game to the User and the User undertakes to pay the Administrator the price.
- Consumer - an entity using the Website in a manner not directly related to its business or professional activity, and an entity to which the provisions grant such status.
- Discount code - an alphanumeric code that entitles you to reduce the value of an order placed via the website.
- Preliminary Provisions - The Administrator provides the Website through which it provides electronic services to the User in a manner and under the terms described in the General Terms and Conditions.
- General Terms and Conditions define the rules of:
- using the Website,
- creating and functioning of the Profile,
- concluding a Room Booking Agreement,
- concluding a Gift certificate Purchase Agreement and using the Gift сertificate,
- concluding a Game Purchase Agreement,
- posting opinions, reviews and rating the Room.
Website
- The Website gathers information about Rooms displayed randomly or according to the Ranking.
- The Website is available to the public and it is free of charge.
- It is possible to use the Website anonymously, except for the options specified by the Administrator.
- To use the Website it is not necessary to meet specific technical conditions by a computer or the User’s other device. It will suffice to avail of:
- standard operating system,
- standard, updated web browser,
- Internet connection,
- active email address if the Administrator requires its provision.
- Through the Website, the Administrator provides the User with electronic services consisting in providing the User with the possibility to:
- browse the Website content and creating content,
- create a Profile on the Website,
- conclude a Room Booking Agreement,
- conclude a Gift certificate or Tabletop Game Purchase Agreement.
- Some functions of the electronic service provided are available only to a Registered User. The Administrator shall clearly mark the functions available only to Registered Users.
- If the User utilizes the Website in an unauthorized manner, i.e. against the law, the Administrator is entitled to block such a User according to current policy of Terms and Conditions.
Profile
- In order to create a Profile, the User must perform activities indicated on the Website, and accept General Terms and Conditions. Creating a Profile on the Website is also possible using an existing Facebook or Twitter account.
- Upon creation of a Profile, a Profile Maintenance Agreement is concluded between the User and the Administrator by virtue of which the Administrator undertakes to maintain the User’s Profile on the Website and the User to use the Website in accordance with the provisions of the General Terms and Conditions.
- Profile Maintenance Agreement is concluded for an indefinite period with the option of its termination with immediate effect at any time by way of sending an e-mail to the Administrator requesting deletion of the Profile on the Website.
- The Profile Maintenance Agreement shall expire upon the conclusion of the Business Profile Agreement in accordance with the provisions of the Business Conditions.
- If the User has not created a Profile using their Facebook or Twitter account, they may later link their Profile on the Website to the Facebook or Twitter account.
- The User is obliged to use the e-mail address provided when setting up the Profile or connecting it to the Facebook or Twitter account, or indicated by the User in the Profile panel when communicating with the Administrator.
- By posting any content on the Website or as part of the Profile, including an image, the User is granting the Administrator a non-exclusive, unlimited in time and territory license to distribute such content on the Website, in social channels operated by the Administrator related to the Website and in the newsletter sent by the Administrator to its subscribers.
- The Administrator is entitled at any time to verify the data contained in the Profile and to take any required actions in this respect, including to request additional data or statements. By the time the matter is clarified, the Administrator is entitled to block the User’s Profile.
Room Booking Agreement
- Through the Website, the User may conclude a Room Booking Agreement with the Room Owner by virtue of which the Room Owner undertakes to make available to the User a Room on the date and at the time selected by the User and under the terms described in the Room Regulations (if the Room Owner has published those) and the User undertakes to pay the Room Owner remuneration, whereas the remuneration sometimes shall be payable in advance with the use of the Website booking system.
- In order to conclude a Room Reservation Agreement, the User must create and submit a reservation via the Website, accept the General Terms and Conditions of the Room to which the reservation relates and in some cases make the payment. Acceptance is voluntary, but necessary to conclude a Room Reservation Agreement.
- To make the payment the User may also use a Gift Certificate. Using the Gift Certificate consists in entering its individual security code in the appropriate field in Company Profile.
- After making the booking, when the User is redirected to the Website with the order confirmation, the Room Booking Agreement is deemed concluded between the User and the Room Owner. If there have been several bookings in one order, there will be as many Room Booking Agreements as there have been bookings in the order.
- The User will receive confirmation of placing an order and confirmation of the conclusion of the Room Booking Agreement to their e-mail address and/or via SMS.
- The Room Booking Agreement will be performed by the Room Owner in accordance with the provisions of the Room Regulations. Any changes to the Room Booking Agreement, in particular regarding the performance deadline, require arrangements with the Room Owner.
- The Administrator is not a party to the Room Booking Agreement concluded by the User via the Website.
- When making a reservation, the user may provide a discount code that will lower the price of the order. Only one discount code can be added to each order. If the discount code is not correct, the system will inform the user about it with an appropriate message.
Gift Certificate
- Through the Website the User may purchase a Gift Certificate to be used as a means of payment when concluding a Room Booking Agreement via the Website.
- The administrator sells the Gift Certificate in electronic or physical forms.
- The price for the Gift Certificate is the gross price.
- In order to purchase the Gift Certificate the User is obliged to take steps indicated on the Website by the Administrator and accept the General Terms and Conditions – acceptance is voluntary, however necessary to purchase the Gift Certificate or to conclude an agreement for printing and delivery of the Gift Certificate to an indicated address.
- A Gift Certificate Purchase Agreement is concluded between the User and the Administrator upon making the payment. If the User has also ordered an additional service of printing and delivery of the Gift Certificate to an indicated address, also an agreement for the implementation of this service is concluded between the User and the Administrator.
- The Gift Certificate in its electronic form will be delivered to the User immediately after making the payment by way of being sent to the e-mail address or social network account provided in the order form. Delivery of the Gift Certificate in its electronic form is free of charge. The Gift Certificate in physical form will be delivered to the User in maximum 14 days after making the payment by Post or by any other appropriate means. Cost of delivery is listed on the Gift Certificate page.
- Gift Certificates are available in various currencies. Currency availability depends on the type of Gift Certificate.
- The validity period of the Gift Certificate is respectively 3 (say: three) months and is counted from the moment of purchasing the Gift Certificate.
- A Gift Certificate may be used more than once until its nominal value is exhausted. Each time a User uses a Gift Certificate partially, he must connect the Administrator via e-mail or any other social media and inform him of using part of the nominal of the Gift Certificate value and the used up amount is subtracted from the nominal value and the difference shall constitute the Current Value.
- The Gift Certificate may be redeemed for the time corresponding to its expiry date when concluding a Room Reservation Agreement via the Website. The Gift Certificate cannot be used to pay for the Game. Only one Gift Certificate can be used when paying for one order. The Gift Certificate cannot be redeemed in a currency other than the booking currency.
- It is not possible to exchange the Gift Certificate for cash. Several Gift Certificates cannot be combined into one Gift Certificate.
Tabletop Game
- The User may purchase a Tabletop Game via the Website.
- In order to purchase a Tabletop Game, the User is obliged to take steps indicated on the Website by the Administrator and accept the General Terms and Conditions – acceptance is voluntary, however necessary to purchase the Tabletop Game.
- Upon payment the Tabletop Game Sales Agreement is concluded between the Administrator and the User.
- The Tabletop Game will be sent to the User in a manner of their choice to the address provided in the order form within 14 days of payment, at the latest.
- In circumstances clearly specified by the Administrator, such as pre-sales, promotion or the sale, the Administrator may specify a different date for the delivery of the Tabletop Game, which shall be clearly notified to the User.
- When purchasing a Tabletop Game, the user may enter a discount code which will lower the value of the order. Only one discount code can be added to each order. If the discount code is not correct, the system will inform the user about it with an appropriate message.
Opinions and Rooms Rating
- A Registered User may add an opinion, review of and rate the Room.
- The User who has concluded the Room Booking Agreement is entitled to add an opinion marked as “Verified Opinion” or “Verified Review”.
- The User may leave a private message to the Room Owner as part of their opinion. It will be visible only to the Room Owner who is the Administrator’s Partner within the meaning of the General Terms and Conditions for Business.
- It is prohibited:
- to add an opinion or a review of a Room or rate it by the Room Owner, its employees, contractors, contractors of agreements for the performance of specific work or by any other entities related to it, or providing services to it and by the relatives, acquaintances or friends.
- to add an opinion or a review that violates the law or decent conduct, and in particular unreliable, offensive, inciting aggression or hatred or discriminating opinion. Opinions that in particular do not bring any cognitive value or do not relate to any aspects of the game are considered unreliable opinions.
- to disclose in the wording of the opinion or a review details of the plot or elements of the Room (the so-called spoilers).
- to include in the wording of the opinion any links to blogs, fanpages and any other websites.
- to add an opinion or a review of a Room that a User did not attend.
- If the Administrator identifies violations of the prohibitions, referred to points listed above, the Administrator may:
- verify the information contained in the opinion,
- mark the opinion as a limited opinion which shall not be counted for the Ranking,
- hide visibility of the opinion, modify its content or even delete it,
- block the Profile until the matter is resolved without notifying the User,
- The Administrator may mark an opinion as archival if the opinion refers to the Room version prior to its reconstruction or prior to moving the Room scenario to another city.
- A person for whom the circumstances referred to points above, after reporting this fact to the Administrator, may add an assessment or opinion about the Room, except for the Room he visited at the time when these circumstances related to him. If it was a Company User, the opinion, review or assessment of the person referred to in this paragraph will not be taken into Profile by the formula on the basis of which the Ranking is created. If these are other persons mentioned above, the possibility of issuing opinions by him will be disabled only in the city where the Company User room with which they were associated was operated.
Reporting violations and complaints
- If the User finds that any content available on the Website violates their rights or interests, they may report this fact to the Administrator together with justification by sending information via email.
- As far as opinions or reviews of the Rooms available on the Website are concerned, any violations should be reported directly via email.
- It is unacceptable for the User to implement personal data other than their own in the content of a notification. If it is necessary to provide personal data other than the User’s personal data to report a violation, such data should be sent to the Administrator by the User by email containing personal data other than the User’s data will be deleted.
- A notification must plausibly demonstrate that the rights or interests of the User have been violated. The User must justify their notification by providing relevant facts or circumstances indicating the fact that their rights or interests have been violated. In particular, offensive or vulgar opinions about the User, their Room or their handling of the Room are considered to be violating the User’s rights or interests.
- The Administrator has 14 days from delivery of the notification for its consideration. The Administrator has no obligation to inform about the notification status.
- The User may lodge complaints in connection with the use of the Website, conclusion or performance of the Profile Maintenance Agreement or the Gift Certificate or Tabletop Game Purchase Agreement.
- A complaint should include:
- User’s identification,
- subject of the complaint,
- circumstances justifying the complaint,
- User’s request in connection with the complaint.
- Complaints may be submitted in the form of email messages to the Administrator’s email address.
- The Administrator will consider a complaint within 14 days of delivery of the complaint to the Administrator. It will notify the User about its decision made as a result of examining the complaint in the same manner in which the complaint has been sent to him.
Final provisions
- The Agreement is subject to Polish law. The User and the Administrator will, in the first place, endeavor to amicably settle disputes arising from the use of the Website or the conclusion of an Profile Maintenance Agreement, or a Gift Certificate or Tabletop Game Purchase Agreement. In the event the parties are unable to reach an agreement, the dispute will be settled by a competent common court in Poland. The User may also be entitled to particular rights arising from the provisions on the protection of consumer rights and other mandatory provisions of law, including the provisions applicable in the User’s country. The User, as a consumer, prior to filing a lawsuit with a competent court, shall have the right to lodge a complaint with one of the bodies authorized to resolve extrajudicial complaints and consumer disputes.
- The consumer has the right to withdraw from the concluded Gift Certificate Purchase Agreement or the Tabletop Game Purchase Agreement without giving any reason within 14 days from the date of delivery of the Gift Certificate or Tabletop Game. The declaration of withdrawal may be submitted by the Consumer to the Administrator in any way to the correspondence address or e-mail address of the Administrator before the deadline to withdraw from the contract. In the event of withdrawal, the parties shall immediately refund each other, but not later than within 14 days of the withdrawal, mutual benefits at no additional cost. The consumer bears the direct cost of returning the Tabletop Game. The reimbursement of the payment to the Consumer will be made using the same form of payment that the Consumer paid through.
- The consumer has the option of using out-of-court complaint and redress procedures. The consumer may also use the Online Dispute Resolution (ODR) platform.
- The consumer may also have certain rights under the provisions of the protection of consumer rights.
- Provisions regarding the rules for the processing of personal data and the use of cookies can be found in the Privacy Policy.
- Subject to mandatory provisions and the provisions on consumers, to the extent permissible by the applicable provisions of law, the Administrator’s liability for:
- any damage caused to third parties as a result of using the Website by Users in a manner contrary to the General Terms and Conditions or the provisions of law,
- for the content posted by Users through the Website and violating the law or third party rights protected by law,
- the manner of use of the content posted by Users on the Website by entities other than the Administrator,
- the User’s loss of data caused by external factors or other circumstances beyond the control of the Administrator,
- unavailability of the Website due to reasons attributable to entities other than the User,
- interruptions in access to the Website caused by the necessity to remove failures, test hardware and software, the necessity to carry out maintenance,
- damages incurred by Users caused by incorrect recording or reading of information,
- technical problems associated with the use of the Website due to causes beyond the control of the Website, including those caused by the act of force majeure or malfunctioning of the Internet,is excluded.
- The administrator may define other provisions in the form of an attachment to the General Terms for a given country in the scope regulated by the General Terms. If the provisions of the General Terms and Conditions conflict with the provisions of the appendix, the provisions of the General Terms and Conditions shall prevail.
- The Administrator, due to material reasons, reserves the right to amend the General Terms and Conditions. Material reasons justifying amendment to the General Terms and Conditions include, in particular, an amendment to the provisions of generally applicable provisions of law, organizational changes on the part of the Administrator, extension of services rendered by the Administrator, no further possibility to provide services by the Administrator under current conditions, necessity to adapt the General Terms and Conditions to unfair practices of Users aiming at circumventing the prohibitions provided for in the General Terms and Conditions. The Administrator shall notify the Users about the new wording of the General Terms and Conditions electronically via the notifications function on the User’s Profile available after logging on. In the absence of acceptance of the wording of the new General Terms and Conditions, the User has the right to terminate the Profile Maintenance Agreement by way of submitting to the Administrator a declaration of intent regarding deletion of the Profile.
- General Terms and Conditions shall enter into force on the date of publication on the Website.