- PARTIES – DÉFINITIONS
These general terms and conditions are applicable to any contract providing a game of inquiry, mission or puzzle, and the room and its corresponding facilities (hereinafter collectively referred to as the “Game Room”). “), Belonging to the company SARL MILU franchisee X SCAPE, capital of 5.000 euros, whose trade name is X Scape Lyon, whose registered office is located 31 avenue du chater 69340 FRANCHEVILLE, identified under the number 844 980 425 RCS of Lyon, represented by its manager, Mr. CHAMPION Ludovic, the company X SCAPE, whose reservation is available on the site of X SCAPE at the address https://www.xscape.fr/en/ (hereinafter called, the “Site”), between X SCAPE, on the one hand, and X SCAPE’s customers, ie users of a Game Room, hereinafter referred to as “Players”, on the other hand. In addition to these terms and conditions, special conditions of X SCAPE and / or a third party professional, partner of X SCAPE, may provide for the running of a game on a site other than a Game Room. conditions will continue to govern the game to the extent that they are compatible with its particular environment.
These terms and conditions are intended to govern the relationship of X SCAPE and the Players, including the provision of a Game Room. X SCAPE and the Player agrees to comply with these contractual terms, as well as all local and national laws and regulations, and other instructions from the administrative authorities, as well as the rules issued by the insurers, as the case may be. The Games Rooms are located in the premises of X SCAPE, as indicated on its Site. X SCAPE has the right, at any time, to modify or modify the terms and conditions below, as well as the rates and contents posted on its Site. Likewise, X SCAPE can modify the scenario of a game, elements or sets without notice or information. The general conditions of sale of X SCAPE are available on its Website or on request at the reception desk of the Game Rooms.
- SERVICE AND OBLIGATIONS OF X SCAPE
- 1 Occupation and use
X SCAPE grants Players the right to occupy a Game Room, for the sole purpose of participating in the corresponding game, for a maximum of 60 minutes, within the reservation range. At this 60-minute period is added a briefing at the beginning of the game and a debriefing at the end of the game. In any case, and for the purpose of hosting the following players, the total duration of the players’ presence under a reservation is 90 minutes maximum.
3.2 Limitation of liability
X SCAPE will not be liable for damages suffered by a Player as a result of negligence or misuse of a Game Room or damage caused by a Player to another Player.
- PLAYER’S OBLIGATIONS (THE CUSTOMER)
4.1 Use of the Room
Access to the facilities is reserved for people aged 6 or over. The minimum age recommended by X SCAPE is 8 years. Minors between the ages of 6 and 16 can only access a Game Room if they are accompanied and placed under the responsibility of a person of full age, with parental or tutelary authorization. X SCAPE reserves the right to ask for a piece of ID to check the age of the Players. Anyone reserving and paying for access to a Game Room for a minor is presumed to have parental or guardian authority over the minor. X SCAPE reserves the right to request any proof in this regard.
4.1.2 Liability of a Player / Customer
The Player agrees to behave as a good father, to cooperate with the personnel of X SCAPE, to maintain the Game Room and its equipment in good condition, to use it in accordance with the use provided herein, as well as only through the displays on X SCAPE’s premises and the Game Rooms. It will ensure that no harm is done to other users and property of X SCAPE. Player agrees that any damage caused by misuse of X SCAPE’s Game Rooms and other property will be charged to Player. Access to any booking online or at the ticket counter will be refused until payment of the required repairs, invoiced by X SCAPE, has been made. X SCAPE reserves the right to deny access to the Game Room and its premises to any person who does not respect these terms or whose behavior is offensive, aggressive, violent and / or under the influence of alcohol or alcohol. narcotics, without compensation or reimbursement of the person concerned. The Player may not bring any food or drink into the Game Room or access the premises of X SCAPE with an animal. The Player who has booked a Game Room agrees to be jointly and severally liable for the acts of any Player taking advantage of his booking.
4.1.3 Security measures
The Player undertakes to respect all the security measures given to him, whether contractual, posted on site or given orally by X SCAPE’s personnel. It is strictly forbidden to smoke inside Game Rooms and any other premises of X SCAPE. The Player undertakes to read and respect the safety and fire protection instructions, as well as the emergency exits. Emergency exits must remain clear in all circumstances. The Player may use the escape route only in the event of a situation necessitating evacuation (fire for example).
4.1.4 Prohibited Items / Luggage
Audio, photo and / or video recording equipment, bags, bulky or dangerous objects, in particular mentioned on the displays of the premises and the Site, are forbidden in the Game Rooms. A deposit is provided for the purpose of helping to respect this prohibition.
4.2 Duration of a Game
The right for Players to occupy a Game Room is limited to a maximum of 60 minutes (or any other length agreed upon reservation), regardless of the progress of Players in the Game Room. Players agree to release the Game Room as soon as the goal of the Game has been reached, without any partial refund being due to them.
In order to preserve the confidentiality of the Game Rooms, no audio, photo and / or video recording is allowed inside a Game Room. For this purpose, the use and possession of mobile phones and all other devices likely to proceed to this capture is prohibited in the Game Room. Each Player agrees to refrain from disclosing to the public, in whole or in part, directly or indirectly, the details of the games proposed in the Game Room.
The provision of a Games Room is conditional on the reservation and its prior payment, which can only be made by adults (18 years old at least). The reservation is recorded by one of the Players on the Site, among the available time slots In exceptional cases, in the event that a person fails to make a reservation on the Site, the staff of X SCAPE will be able to do so for his account without being liable for it. An email informing of the current reservation is sent to the address provided by the person. The reservation becomes firm and acquired only after payment of the corresponding price by the Player who made the reservation request. X SCAPE reserves the right to cancel any outstanding booking process. To be admitted to the Game Room, all Players must: – confirm the name of the person making the reservation and – present the copy of the booking confirmation email. A reservation is acquired only when it is paid in part or totally.
5.1 Transfer of reservation
A reservation is in principle not transferable to another person than that indicated by the author of his payment. Nevertheless, subject to written instructions from the author of the payment, access to the Game Room will be granted to any Player substituting for any absent Player. Subject to the exception stipulated above, bookings may not be transferred or resold for commercial purposes or as gifts or commercial promotions. X SCAPE offers bookings as Gift Cards to offer. These Gift Cards are materialized by a ticket identified by a unique number and whose beneficiary is deemed to be the first bearer to use it. For this reason, the buyer of a Gift Card must ensure, under its sole responsibility, to preserve its confidentiality.
5.2 Limitation of liability on the reservation
X SCAPE reserves the right to cancel a reservation without having to give any reason, against refund of the price of the reservation, to the exclusion of any other sum that could be claimed as compensation for damage.
The registered reservation may not give rise to any cancellation, modification or refund except under the conditions stipulated below,
– a Paying Player may request and obtain the cancellation of the reservation of an included Player from a team 96 hours in advance, against a refund.
– a Player who has made a payment can still request the modification of the schedule of his reservation (for him and the other Players of his team) 48 hours in advance. Given the decreasing price according to the number of players offered by X SCAPE, a cancellation of one or more players requested and accepted under the present (or possibly free of charge) is the subject of the refund of the difference after new calculation of the price due by the other Players, with the load for the Player having canceled his reservation to possibly be refunded the difference by the other Players if they agree.
Players must present themselves at the time of their reservation. X SCAPE reserves the right to deny access to a Player’s Game Room in the event of a delay of more than 10 minutes in relation to the time of the reservation, without any refund being due by X SCAPE. In all cases, the Game Room must be vacated at the time stipulated by the initial booking.
- PRICE AND PAYMENT
The rates of the reservations are indicated on the Site https://www.xscape.fr/en/lyon-x-scape/ and displayed at the reception of the Games Room, in euros TTC, for a duration of 60 minutes of provision of the Game Room. These rates may be changed at any time, the service is however billed at the rate in effect at the time of payment of the reservation. The price per Player is decreasing according to the number of Players within the same team, the date and time, as indicated on the Site and at the reception for each Game Room. Only the payment by credit card is accepted on the Site. If the author of the reservation can not pay by these means, he must present himself at the reception of the Game Room at least 4 days before the date of reservation envisaged to reserve and pay by check, credit card, transfer bank account or in cash (in euros), the total amount of the reservation. In the latter case, X SCAPE reserves the right to request only a deposit, for the Player concerned to pay the balance before access to the Game Room. X SCAPE allows the payment of the difference on the spot by credit card, check or cash. X SCAPE has entrusted its payment system to a specialized provider of secure online payments and does not store any payment system related data in its databases. The payment of at least one Player is required at the time of booking. In case of a lower number of players than expected at the time of booking, the corresponding price difference will not be reimbursed. In the event that a number of players exceeds the number expected when the reservation occurs, the difference in price will be paid before being able to access the Game Room, within the limit of the number of players authorized for the Game Room, as indicated on the Site. X SCAPE reserves the right to refuse any reservation to a person remaining liable to X SCAPE for any amounts invoiced.
- PERSONAL DATA
The author of the reservation of a Game Room is responsible for the accuracy of the information entered on the online booking form. He undertakes, if necessary, to obtain the authorization of the other Players of communication of the personal data concerning them and the following uses which will be made of them. The author of a reservation can accepts, or not, to receive from X SCAPE information and commercial offers on his email address or his phone by ticking the corresponding authorization box on the form. The author of the reservation and the Players who enter their telephone number on the X SCAPE Website already accept that they can be contacted by X SCAPE or any other company in the group by telephone or SMS. X SCAPE undertakes not to disclose any personal data it collects to any third party (unless requested by a competent legal authority). Any personal data is kept for a period not exceeding one year. In accordance with the provisions of Articles 38 et seq. Of Law 78-17 of 6 January 1978 relating to computers, files and liberties, every Player and user of the Site has a right of access, rectification, cancellation and opposition to his personal data. To exercise this right, any request should be addressed to the person in charge of personal data, by email at firstname.lastname@example.org or by post to the address indicated above. No personal information of a Player or user of the Site is collected and / or published without the knowledge of the Player or User, exchanged, transferred, assigned or sold on any support to third parties. In the event of redemption of the Site, the owner of the Site and its rights would in turn be given the same obligation to store and modify data. The processing by X SCAPE of the personal data of the Players and users of the Site is declared to the CNIL under number 1917077.
Photos of the Team Players may be taken before or at the end of the game, with the agreement of the interested parties. These photos will be made available to the author of the reservation of the Game Room on the online platform www.facebook / xscapelyon. X SCAPE cannot be held responsible for the use that will be made by the author of the reservation. X SCAPE will delete these photos at the request of any interested party.
- APPLICABLE LAW – COMPETENT COURTS
These general terms and conditions and any contract to supplement them, are governed by French law and any disputes arising as to their interpretation or performance fall within the exclusive jurisdiction of the French courts.