GENERAL TERMS AND CONDITIONS OF SALE AND USE

The general conditions of sale are available at any time and systematically brought to the attention of each client/user to enable him to place an order. Thus, placing an order and ticking the box “I accept the general conditions of sale” during the payment process implies the full and unreserved acceptance of the customer to these terms and conditions.

ARTICLE 1 – CONCEPT

PHOBIA ESCAPE GAME is a Live Escape Game concept belonging to SARL PHOBIA FRANCE. The present general conditions of sale are applicable to any contract of provision of an Escape Room concluded between (1) any company of the group SARL PHOBIA FRANCE and (2) the users of the room, which will be named “USERS” then ; whether they have booked personally or whether they are part of the team of the person who made the reservation, hereinafter referred to as “THE BUYER”. These conditions also apply irrespective of the means of booking, whether this is done via the website of SARL PHOBIA FRANCE, hereinafter referred to as “INTERNET WEBSITE” or by the staff of SARL PHOBIA FRANCE. The playing space available for the players is called “ROOM” and the contract of provision “CONTRAT”. The game portion for which the PURCHASER reserves and pays on the WEBSITE is called the “GAME SESSION”.

SARL PHOBIA FRANCE recognizes the right to modify all or part of these terms and conditions and the content of its WEBSITE (http://www.escapephobia.com), this in its sole discretion, at any time and without notice.

The general conditions of sale of SARL PHOBIA FRANCE are available on the WEBSITE and can be consulted on request at the reception with any staff member of SARL PHOBIA FRANCE.

ARTICLE 2 – PROVISION AND USE OF THE ROOM

According to the principle of the game, SARL PHOBIA FRANCE grants the USERS the right to occupy the ROOM for a maximum duration of 60 (sixty) minutes. The occupation of the ROOM is for the sole purpose of participating in a game organized by SARL PHOBIA FRANCE, which must be conducted in teams of 2 to 5 people maximum. The USERS agree that the duration of presence in the ROOM is 60 minutes maximum, whether they have managed to find all the clues and solve all the puzzles or not. This point is based on the very principle of the game. At the same time, the USERS accept that the game may stop before the end of the 60 minutes, if they managed to find all the clues and solve all the puzzles in less than 60 minutes; without being the subject of any adjustment or tariff compensation. Admission to the ROOM is only possible upon presentation of the booking confirmation email (sent shortly after the payment process to the BUYER) and upon presentation of an ID document from the BUYER. The complexity of the game does not allow USERS whose age is less than 10 years to participate. Underage USERS under the age of 14 must be accompanied by an adult. Underage users over the age of 15 do not have to be accompanied by an adult. Note that for the ROOM “LOFT 13” the game does not allow USERS whose age is less than 16 years to participate. In case of doubt about the age of a USER, SARL PHOBIA FRANCE reserves the right to request a proof of identity. USERS are required to maintain the ROOM and all its equipment (non-restrictive list: decorations, furnishings etc.) in good condition and use it in accordance with the authorized use. As a result, the USER acknowledges to the CONTRACT that any intentional or unintentional damage to the room and its equipment will be subject to re-invoicing. In addition, the USER is required to use the ROOM and its equipment in the way not to cause or not to risk causing any damage to himself or to other USERS, as well as to the premises and equipment of SARL PHOBIA FRANCE. During all its presence in the premises of SARL PHOBIA FRANCE, the USER undertakes to behave respectably, to comply with the rules and to cooperate with the staff of SARL PHOBIA FRANCE. Moreover, SARL PHOBIA FRANCE does not tolerate any form of violence: verbal or physical, in the form of harassment or intimidation towards its employees and thus reserves the right to refuse access to the premises to any person having the behavior similar to the elements mentioned above. SARL PHOBIA FRANCE also reserves the right to deny access to any person under the influence of alcohol or drugs, for the security reasons. For all the conditions mentioned above, the prohibition of access does not give right to any compensation or refund. Due to the nature of the game, no recording can be made in the ROOM. Thus, the use of video and / or audio recording devices (this includes but is not limited to: mobile phones, cameras, Go Pro) is strictly prohibited. Any use of this type of devices may cause the complete stoppage of the game for the entire team. SARL PHOBIA FRANCE expects from its USERS that they do not disclose the details of the game directly and / or indirectly. Any partial and total disclosure would violate the commercial interests of SARL PHOBIA FRANCE.

ARTICLE 3 – PRICE

The prices charged by SARL PHOBIA FRANCE are indicated on the WEBSITE (on the homepage of the mission as well as in the tab “Book”). They are displayed in euros (€) all taxes included  for a SESSION of sixty minutes. The price is set according to the game session book (1 to 2 people or 2 to 5 people depending on the mission). To know the rates, please refer directly to our reservations page.

SARL PHOBIA FRANCE reserves the right to modify its rates at any time. Any BUYER will pay the amount relating to the rate in effect at the time of booking. Any other services (non-restrictive list: Team Building, corporate event, etc.) as part of a privatization of the premises of SARL PHOBIA FRANCE will result in additional billing.

ARTICLE 4 – RESERVATION

The provision of a ROOM is subject to reservation and prior payment. The reservation must be done by the BUYER on the SARL PHOBIA FRANCE WEBSITE: http://www.escapephobia.com.

All bookings are made from the WEBSITE and according to availabilities posted on it. The reservation booked and confirmed only after receipt of the booking confirmation email, which is sent to the BUYER at the end of the payment process. In exceptional cases, the staff of SARL PHOBIA FRANCE can make the reservation on behalf of the BUYER if he can not make the reservation himself on the WEBSITE. In these specific cases, the BUYER accepts without reservation that this type of reservation does not imply any liability on the part of SARL PHOBIA FRANCE or its staff, the staff acting only as a seizure operator according to the instructions given by the BUYER. The BUYER therefore waives any recourse due to misuse, breach of confidentiality of his data or fraudulent use of his account.

Only credit card payments are accepted on the WEBSITE. If the BUYER can not pay the amount of the reservation by credit card, he must first inform the staff of SARL PHOBIA FRANCE and come to the reception at least 7 days before the date of the RESERVATION to settle the amount by check, credit card or cash (in euros).

SARL PHOBIA FRANCE has entrusted the management of its payment platform to a provider specializing in securing online transactions. The latter does not keep any data concerning the BUYER in his databases.

The WEBSITE is available in French and English. However, in case of dispute, only the French version of the WEBSITE and the general conditions of sale may be opposed to SARL PHOBIA FRANCE.

Phobia Escape Game is a Live event, once reserved, your sessions can not be canceled.

Conditions of modification: The BUYER has the possibility to modify his reservation at the latest 1 week before the date of the game session; after this deadline no modification will be possible and 100% of the amount  of the price will be charged.

A reservation can not be transferred or resold for commercial purposes. If a reservation is transferred or resold in violation of this article, the holder thereof will be denied access.

In case of delay of the USERS for a reserved SESSION, the USERS will be able to decide if they wish to begin the game or not. In all cases, the ROOM must be released at the time specified in the initial reservation. SARL PHOBIA FRANCE reserves the right to refuse access to USERS whose delay is for 15 minutes or more. Schedules will be systematically recalled in the confirmation emails sent by SARL PHOBIA FRANCE.

The limit allowed is 5 players (USERS) per ROOM. PHOBIA FRANCE reserves the right to refuse access to and to USERS exceeding the number of players originally planned in the reserved ROOM.

If more USERS show up to participate in the GAME SESSION than originally planned when booking, the price difference will have to be settled before participating in the escape game.

SARL PHOBIA FRANCE reserves the right to refuse any reservation to a BUYER who has not paid all the services that would have been invoiced to him.

ARTICLE 5 – PERSONAL DATA

The BUYER is responsible for the accuracy of the information entered on the online booking form on the WEBSITE. The BUYER agrees to receive from SARL PHOBIA FRANCE information and commercial offers on his email address or on his mobile phone by clicking on the authorization box of the WEBSITE. The BUYER and / or the USER who enters his telephone number on the SARL PHOBIA FRANCE WEBSITE already accepts to be contacted by SARL PHOBIA FRANCE or any other company of the group by phone or SMS. The BUYER entering the details of the other players / USERS (names and first names, phone numbers, email addresses) authorizes SARL PHOBIA FRANCE to send information and commercial offers to them.

SARL PHOBIA FRANCE undertakes not to transmit the personal data of its USERS to a company outside the SARL PHOBIA FRANCE group, at the request of an authority authorized by law and within the legal provisions in force.

We collect consumers’ phone numbers but do not make any commercial use of them. The consumer has the opportunity to register on the opposition list to the telephone procedure called BLOCTEL.

ARTICLE 6 – RIGHT OF WITHDRAWAL

In accordance with Article 221-28 of the Consumer Code, the right of withdrawal can not be exercised for contracts for the provision of accommodation services, other than residential accommodation, goods transport services, rental cars, catering or leisure activities that must be provided on a specified date or period. Therefore, no reservation can be canceled or refunded except in the context of a cancellation solely by SARL PHOBIA FRANCE. In the latter case, the amount of the initial booking will be refunded.

For gift cards and in accordance with the provisions of Article L.221-18 of the Consumer Code, in case of distance selling, the buyer has a withdrawal period of 14 days from the receipt of the gift card by the Buyer, or failing that, the Beneficiary, without having to justify any reason, nor to pay penalties, except for the delivery and return costs which will remain the responsibility of Buyer.

Cancellation form for the purchase of gift vouchers

(Please complete and return this form only if you wish to withdraw from the contract).

For the attention of [the professional insert here his name, his geographical address and, where available, his fax number and his e-mail address]: ……………. ………………………………………….. …

I / we (*) hereby notify you (*) of my / our (*) cancellation of the contract for the sale of the goods (*) / for the provision of services (*) below:

Ordered on (*) / received on (*): ……………………………….. .Name of the consumer (s): ………………………………… ..Address of the consumer (s): ……………………………….. ………….. Signature of the consumer (s) (only in case of notification of this form on paper): ………….. ………………

Date: …………………………

(*) To be replaced.

ARTICLE 7 – SECURITY

The USER undertakes to respect all the security measures given to him, whether contractual, posted on website or given orally by the staff of SARL PHOBIA FRANCE. It is strictly forbidden to smoke inside the site. Each USER undertakes to read and comply with the safety and fire protection instructions, as well as the emergency exits. These are clearly identified in the premises of SARL PHOBIA FRANCE. As such, it is strictly forbidden to interfere with emergency exits, which must be kept clear in all circumstances. The USER may use the emergency exits if and only if the situation requires the evacuation of the premises (fire for example). Any abuse and / or untimely opening of these issues by one or more USER (S) will result in the re-invoicing of the costs caused by this abuse.

The USER is aware that it is absolutely forbidden to bring into the premises and the ROOM items considered as (1) physical hazards (explosive, flammable, oxidizing, pressurized or liquefied gas, corrosive), (2) ) hazardous to health (toxic, corrosive to the skin, irritant / sensitizing, carcinogenic / teratogenic) and (3) dangerous to the aquatic environment.

ARTICLE 8 – PHOTOS AND CAMERAS

Photos of each USERS team may be taken before or after the game session. These photos may be used by SARL PHOBIA FRANCE to feed its WEBSITE or its digital ecosystem (Examples without restriction, Facebook, Twitter, Instagram etc. .). SARL PHOBIA FRANCE can not be held responsible for the use that will be made of the photos by the USERS and / or the BUYER.

Each ROOM includes a video surveillance and listening device allowing the staff of SARL PHOBIA FRANCE to follow the game session and to direct the USERS if necessary.

ARTICLE 9 – COMPETENT COURTS

These general conditions and any contract concluded incorporating these terms and conditions are governed by French law and all disputes are subject to the exclusive jurisdiction of the French courts.

SARL Phobia France Address:

127 Rue Jeanne d’Arc,

Paris 75013

Company Register Number 818-678-798

Account: 00025030982

In Bred Paris Opera

IBAN: FR76 1010 7001 7500 0250 3098 241

Account number: 00025030982

LEGAL NOTICE

EDITOR AND RESPONSIBLE FOR THE PUBLICATION OF THE WEBSITE

This website www.escapephobia.com is the property of:

PHOBIA FRANCE SARL

RCS Paris under the number: 818 678 708

127, rue Jeanne d’Arc, 75013 PARIS

Telephone: 01 44 24 85 28

E-mail: contact@escapephobia.com

ACCOMMODATION

Host –

OPERATION

Our website “www.escapephobia.com” is accessible 7 days a week, 24 hours a day,

subject to the interruptions necessary for technical maintenance operations,

maintenance and updates that our technical team would deem useful to perform. The WEBSITE is available in French and English. However, in case of dispute, only the French version of the WEBSITE and the legal notice may be opposed to SARL PHOBIA FRANCE.

PERSONAL DATA

In accordance with the Data Protection Act of 06 January 1978, you can

modify or delete information about you at any time. Collected without

restriction of duration, this information is confidential. PHOBIA

FRANCE SARL undertakes to protect them and not to disseminate them for commercial purposes.

You have the right to access, modify, rectify and delete

data concerning you (article 34 of the law “Informatique et Libertés”). You can implement this right directly on the website concerned or by contacting us:

contact@escapephobia.com.

The user is informed that during his visits on the website, a cookie may be installed automatically on his browser software. A cookie is an element that does not allow to identify the user but is used to record information related to his navigation on the website. The setting of your navigation software allows to inform you of the presence of cookies and possibility to refuse them according to the procedure described at the following address: www.cnil.fr.

This website uses Google Analytics, a website analysis service provided by Google Inc. (“Google”). Google Analytics uses cookies, which are text files placed on your computer, to help the website to analyze the use of the website by its users. The data generated by the cookie about your use of the website (including your IP address) will be transmitted and stored by Google on servers located in the United States. Google will use this information for the purpose of evaluating your use of the website, to compile reports on the activity of the website intended for its publisher and to provide other services relating to the activity of the website and the use of Internet. Google may disclose this data to third parties in the event of legal obligation or where such third parties process such data on behalf of Google, including the publisher of this website. Google will not cross your IP address with any other data held by Google. You can disable the use of cookies by selecting the appropriate settings on your browser. However, such disabling could prevent the use of certain features of this website. While using this website, you expressly consent to the processing of your data registered by Google under the conditions and for the purposes described above.

INTELLECTUAL PROPERTY

The general structure of our website and all content disseminated on this

website (images, articles, photographs, logos, brands, videos, interviews, sounds, texts …), are protected by the legislation in force in France by the matter of intellectual property rights, including copyright, neighboring rights, trademark law, right to the image, and by the international law in force (Articles L 335-2 and following the Code of Intellectual Property).

All rights of reproduction are reserved, including for photos, texts,

downloadable documents, iconographic representations. With the exception of authorization from PHOBIA FRANCE SARL, it is strictly forbidden to exploit the contents of our website , to reproduce, represent, modify or adapt in whole or in part.

The databases of the website are protected by the provisions of the

the law of July 11, 1998 transposing in the Code of the intellectual property (CPI) of the European Directive of 11 March 1996 on the legal protection of data base. In particular, extraction and reuse are prohibited,

quantitatively or qualitatively substantial, of the contents of the databases

contained on this website. Offenders shall be liable to the penalties referred to the Articles L 343-1 et seq. of the Intellectual Property Code.

The trademarks of PHOBIA FRANCE SARL and its partners, as well as the logos appearing on the website are trademarks (semi-figurative or not) and are registered. The total or partial reproduction of these marks or logos made from elements of the website without the permission of PHOBIA FRANCE SARL is prohibited, referring to the articles L.713-2 and following of the Code of the intellectual property.

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