Mestre
To allow for a complete understanding and acceptance of these terms, the following terms, in singular and plural, shall have the meanings indicated below:
“Seller” or “Company”: SPOLAOR MATTEO, Via Jacopo Filasi n. 86/88 30174 Mestre, Venezia (VE), C.F./P.I. IT04143910273
“Site”: the website https://infuga.net/.
“Customer”: means a user who books and/or makes a purchase on the Website.
“Service” or “Escape Room” or “Game”: refers to the Escape Room game experience offered on the Website.
“Conditions”: this distance online purchase contract for the Service concluded between the Company and the Customer.
“Online Payment”: refers to paying for the Service directly via the Website.
“Payment at the Venue”: refers to payment for the Service purchased through the Website at the venue where the gaming experience will take place.
By purchasing the Service via the Website, the Customer accepts the Conditions.
The Customer is required to examine and approve the Terms and Conditions by selecting the appropriate box.
The Customer declares to be aware that the Terms and Conditions constitute a legally binding agreement with the Seller for the provision of the Service.
The Conditions may be modified at any time. Any modifications and/or new conditions will be effective from the moment they are published on the Site.
Customers are therefore invited, upon accessing the Site and before making any purchase, to consult the most up-to-date version of the Terms and Conditions.
The Customer must also comply with the Game Rules and follow the FAQ section on the Website; in the event of a conflict between these and the Conditions, the Conditions shall prevail.
To book the Escape Room, the Customer must complete the appropriate booking form on the Website, entering their personal details and all required information, including the choice between Online Payment and Payment on Site.
The Company will then send the Customer an SMS message and an email confirming the booking, which will include some important rules to share with the group participating in the Game.
This message also contains:
–
the appropriate link to cancel the booking pursuant to Article 6
Next;
–
the link to download and store a copy of these Terms.
The Customer is advised to carefully review the summary and immediately report any errors or amendments.
Bookings and purchases can only be made by customers who are of legal age.
For minors, all purchases and/or requests for the Service via the Website must be reviewed and authorised by a parent or legal guardian.
When making a booking, the Client warrants that they have the authority to accept the terms and conditions of the booking on behalf of their group.
The contract is made with the Client who made the booking, who agrees to act on behalf of all members of the party for any booking and to be the sole point of contact.
The Client who made the booking will be responsible for arranging all payments due to the Company under the contract and for any material and/or moral damages towards the Company.
The contract is concluded when the booking form is received by the server used by the Company.
The booking form shall be archived in the Company's database for the time necessary for its execution and, in any event, within the legal time limits. The language available to Customers for the conclusion of the contract is Italian.
In the case of Online Payment, the Customer shall enter their payment details on the Website.
In the case of On-Site Payment, the Customer must pay upon arrival at the chosen venue before starting the Game.
At the time of initial booking, the number of players is indicative. If paying online, should the number of players decrease upon arrival at the chosen venue, the difference already paid will not be reimbursed; conversely, if the number of players increases, the price will be adjusted according to the price list.
Current prices.
The Customer has the option, by filling in the relevant form on the Website, to gift an Escape Room experience by purchasing a gift voucher to the value of one ticket, allowing them to participate in the Game.
Upon completion of the purchase, the Customer will receive an email communication containing the gift voucher.
Once the gift voucher has been purchased, the type of room, day and time can be chosen by the recipient during the online booking phase described in Art. 3, by adding the voucher code.
In the initial booking phase, the number of players is indicative. If the number of players has decreased upon arrival at the chosen venue, no
reimburse the difference already paid; if, however, the number of players has increased, the price will be adjusted to the current price list.
The voucher is valid for 6 months from the purchase date as indicated on the voucher.
The gift voucher may only be purchased via Online Payment.
Notwithstanding that the type of service offered on this Website falls, according to the Consumer Code, within one of the cases of exclusion of the right of withdrawal (services relating to leisure activities with a specific date or period of performance provided for under Art. 59(1)(n) Legislative Decree 206/2005), the Company has decided to provide for and regulate the right of withdrawal as follows.
1. PAGAMENTO ONLINE
If the Customer has chosen the Online Payment method, they are entitled to cancel up to 12 hours before the start time of the booked gaming session via the link contained in the confirmation e-mail/SMS of the booking. They will be refunded with a voucher of equal value, which will be sent via e-mail within 48 hours of cancellation, with a code to be entered for a new booking that must be made within 30 days via the website.
Once used, it cannot be reused or refunded.
In the event of cancellation communicated with less than 12 hours before the scheduled start time of the game session, the Company will retain, as a penalty, the amount of €70 from the payment made online. Where necessary, a refund voucher for the remaining amount will be issued and sent via email within 48 hours of cancellation, with a code to be entered for a new booking. This new booking must be made within 30 days via the website and, once used, cannot be reused or refunded.
Payment on site
If the Customer has chosen the On-site Payment method, they have the right to withdraw within 12 hours prior to the scheduled start time of the reserved gaming session.
In the event of cancellation notified with less than 12 hours before the scheduled start time of the gaming session, the Company shall request, as a penalty within 48 hours of the date set for the game, payment of the amount of €70 through the Website via the link that will be communicated by the Company via SMS or email. Payment must be made within 3 days of the date set for the game.
In default, the Company shall assign the recovery of the sum to its legal representative, with a consequent increase in costs to be borne by the Customer.
3. OWNERSHIP OF GIFT VOUCHERS
The Customer, in possession of a gift coupon, once the booking of a Game session has been completed via the Website, is entitled to withdraw within 12 hours prior to the start time of the game session booked via the link contained in the e-mail/SMS confirming the booking and may reuse the coupon code only for another booking until its initial expiry.
In the event of a cancellation communicated less than 12 hours before the start time of the gaming session, the Company will retain the full amount of the coupon as a penalty, and it will no longer be usable or refundable.
In all cases described above, the withdrawal method must be communicated via the link contained in the confirmation email or SMS of the booking made.
The cancellation terms will also apply to bookings made less than 12 hours in advance of the booked time.
4. DISPOSIZIONI GENERALI
Le disposizioni del presente articolo si applicano a tutte le prenotazioni, indipendentemente dalla modalità di pagamento, dalla tipologia di prenotazione o dal momento in cui la stessa è stata effettuata, comprese le prenotazioni effettuate con meno di 12 ore di anticipo rispetto all’orario di inizio della sessione di gioco.
In caso di cancellazione oltre i termini previsti, si applicheranno le penali indicate nelle presenti Condizioni.
Eventuali richieste di deroga dovute a circostanze eccezionali, debitamente documentate (a titolo esemplificativo, ricovero ospedaliero o incidente grave), potranno essere valutate dalla Società a propria esclusiva discrezione.
L’eventuale concessione di un rinvio o di altra soluzione alternativa costituisce una mera facoltà della Società e non costituisce in alcun caso un diritto del Cliente.
Con la conferma della prenotazione, il Cliente dichiara di aver letto, compreso e accettato integralmente le presenti Condizioni Generali di Contratto.
The Company owns all rights, in particular intellectual property rights relating to the Site, including its layout and design, and the trademarks and domain names used by and for the Site.
The Customer acknowledges that the Company's trademarks and distinctive signs are the exclusive property of the latter. Consequently, the Customer shall not be able to make any use or dispose of them, in any form or manner.
–
including reproduction on the Web
–
under such trademarks and/or distinctive signs, whether combined with each other or with other trademarks and names, for any reason, without the prior written approval of the Company. .
The Company shall not be held liable for any failure or delay in the performance of any obligation under the contract, for the period and to the extent such failure or delay is caused by events of force majeure beyond its reasonable control.
By way of example and not exhaustively, such events include: civil unrest, riots, acts of terrorism, wars, laws, orders, pandemics,
epidemics, regulations, actions of the Government or any of its bodies, extraordinary events, storms, fires, sabotage, atmospheric events, road accidents or accidents of any other nature, as well as other similar or different contingencies attributable to force majeure.
In casi di indisponibilità della sessione di gioco, dovuti a imprevedibili guasti di carattere tecnico, la Società si impegna a comunicarlo tempestivamente al Cliente. In nessun caso la Società assume alcuna responsabilità per disservizi imputabili a causa di forza maggiore o caso fortuito, anche ove dipendenti da malfunzionamenti e disservizi tecnici, che comportino l’impossibilità di dare esecuzione alla sessione di gioco nei modi e tempi indicati nella prenotazione.
The Customer is instead entitled to demand from the Company double the amount already paid in cases where, outside of the circumstances set out above,
this recession is without reason from the contract.
In the event of being unable to participate in the experience due to health reasons (such as, but not limited to, illness, flu or injury), the booking will not be refundable.
The Company nonetheless reserves the right, at its own discretion, to allow the booking to be moved to another date, subject to availability and with timely notification from the customer.
It is understood that any requests for modifications must be communicated with as much notice as possible.
The Customer declares to have been duly informed regarding the processing of personal data and to have read the information notice pursuant to Article 13 of the GDPR, which can be consulted on the Website.
Clients will also be provided with the specific form for the release concerning the possible use of their images by the Company and other information relating to further personal data processing, where necessary.
Minors under 18 years of age must present a signed disclaimer from their parents.
The specific form can be downloaded from the Website or is available at the Game venues.
The Conditions are subject to Italian law.
For consumer Customers, any dispute relating to the application, execution and interpretation of these Conditions shall be submitted to the court of the place where the Customer resides or has elected domicile, if located within the Italian territory, without prejudice to the Customer's right to take legal action before a court other than the “consumer court” pursuant to art. 66 bis of the Consumer Code, according to one of the criteria referred to in articles 18, 19 and 20 of the Code of Civil Procedure.
The application of more favourable and mandatory provisions of the law of the country in which they habitually reside is without prejudice to consumers who do not have their habitual residence in Italy.
The consumer customer resident in Europe must be aware that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the consumer customer to settle amicably any dispute relating to and/or arising from online contracts for the sale of goods and provision of services. Consequently, the customer
can use such a platform for the resolution of all disputes arising from the contract concluded online.
The platform is available at the following address: ec.europa.eu/consumers/odr/. Through the platform the Customer will be able to consult the list of
ADR bodies, find the link to each of their websites and start an online dispute resolution procedure.
By booking the gaming session, the client guarantees to inform their group that:
–
The gaming session lasts for 60 minutes.
–
The environment is under video surveillance and monitored by our control room for the smooth running of the game and the safety of the group, therefore the game can be interrupted at any time and for any reason, and the session will be considered terminated.
–
Please arrive punctually at the time of your booking. In case of lateness, your session will be shortened to the remaining time available to respect the schedule of subsequent bookings.
Any damage caused intentionally or through negligence to the facilities and games will be entirely the responsibility of the person responsible and must be compensated.
Minor presence
For children up to 13 years old, the experience should be enjoyed with the whole family or with at least one adult in each room.
From 14 years old, they can play alone. Up to 6 years old, they don't pay; from 7 years old onwards, the price is normal according to the price list.
If someone is unable to participate in the game, it is not possible to wait at reception for the entire duration of the experience.
In accordance with and for the purposes of articles 1341 and 1342 of the Italian Civil Code, I declare that I have carefully read and considered the content of this document and that I have clearly understood the meaning of each individual point before signing it. For the purposes of articles 1341 and 1342 of the Italian Civil Code, I declare that I specifically approve points 6, 8, 9, 10, and 11 of this deed.