SightQuest · Legal

Terms & Conditions

  1. Scope

    1. Only these General Terms and Conditions (GTC) apply to the business operations of SightQuest. They are binding and apply to the entire present and future business relationship with its customers, even if no express reference is made to them.
    2. Terms deviating from or supplementing these GTC – in particular the customer’s business, contractual or purchasing conditions – shall only apply if expressly confirmed in writing by SightQuest.
    3. The version of these GTC published at the time of the order applies; amendments apply only to future orders.
    4. For reasons of linguistic simplicity, SightQuest consistently uses the generic masculine form and does not thereby intend any discrimination against other genders, social groups or individual persons.
    5. The contract languages are German and English. In the event of discrepancies or differences of interpretation between the German and English versions, the German version prevails. Mandatory rights to which the consumer is entitled under the law of their state of residence remain unaffected.
  2. Business Purpose, Market

    1. SightQuest provides browser-based, location-based outdoor quests, puzzle routes and digital content. The range of services comprises in particular (a) puzzle-based quests (puzzle routes, scavenger hunts), (b) self-guided sightseeing tours with information texts and audio content (audio guides) without puzzle elements, and (c) pass or bundle products that combine access to several quests and/or tours.
    2. SightQuest provides exclusively electronic services. SightQuest offers its customers the purchase of access codes (hereinafter “Access Code”), which subsequently unlock a QR code. This QR code grants the customer access to the respective purchased digital experiences – in particular quests, tours and pass products (collectively “Products”). Not all Products contain puzzles to be solved; tours serve exclusively for self-guided sightseeing by means of information and audio content. Insofar as these GTC refer to “quests”, the relevant provisions shall apply mutatis mutandis to tours and pass products, unless the nature of the respective service requires otherwise.
    3. SightQuest directs its services to businesses (B2B) and consumers (B2C).
  3. Offer, Conclusion of Contract

    1. The details of the respective Products are set out on the website and constitute the authoritative description of the services.
    2. By making a booking/order, the customer accepts the individual (regional) circumstances of the respective Product. Upon complete booking, a contract is concluded between the parties which, upon transmission of the Access Code to the customer by SightQuest, is to be regarded as fully performed.
    3. The provision of data, documents and Products or Access Codes is made exclusively electronically. The Access Code may be redeemed (generation of a QR code) within one year of its purchase. Upon expiry of the validity period (one year for Access Codes, seven days for QR codes), the entitlement to redeem and complete the Product lapses without compensation. Insofar as, for individual Products – in particular pass products – deviating redemption, validity or usage periods are stated on the website, those shall take precedence.
    4. If the customer is an entrepreneur (B2B), SightQuest reserves the right to agree individual offers and payment methods. In such a case, the customer is bound by the individual agreement, and this agreement shall take precedence over these GTC in the event of a conflict.
  4. Scope of Services, Procedure, No Right of Withdrawal or Cancellation

    1. After successful payment, the customer receives a digital code by e-mail. By entering this code on the SightQuest website, a QR code is generated in the browser, which can be scanned and with which the respective Product can be unlocked.
    2. Legally, the purchased Access Code or QR code corresponds to the paid acquisition of access to digital content provided to the customer for time-limited use.
    3. The Products can be booked either for individuals or for groups. For group bookings, the participation information published on the website must be observed. The applicable prices and participation conditions depend on the respective type of Product and the group size in accordance with the website (in particular billing per person or per group).
    4. It is recommended to use public transport or other means of transport to complete the individual sections of the booked Product, as the respective sections are often several kilometres apart.
    5. For persons with reduced mobility, impairments may occur when completing Products or individual sections, depending on their respective limitations. Depending on the impairments of the respective persons, SightQuest cannot, however, provide any warranty for the subjective feasibility.
    6. From the time the Access Code is redeemed, the customer generally has seven days to start and fully complete the Product, unless a deviating usage period is stated on the website for the respective Product – in particular pass products. Upon expiry of the applicable period, the access and the generated QR code lapse automatically. A refund of the purchase price is excluded in this case.
    7. After redemption of the Access Code, access is stored on a device-bound basis in the browser used. Each Product may be used by a limited number of devices stated on the website (activation limit; by default up to six devices per Access Code). Further participants of the same booked group may join the Product by means of a team join (“Join”) provided by SightQuest via a QR or invitation link, until the activation limit is reached. Each join consumes one activation slot. An activation slot once consumed cannot be reset or transferred to another device; once the activation limit is reached, no further join is possible.
    8. If access is used in a private browser window (incognito mode) or in a browser whose website data is subsequently deleted, the session assigned to the respective device may be lost. Re-entry with the same activation slot is then not possible; an activation slot consumed as a result is not restored, and no claims for compensation exist in this respect.
    9. Any admission tickets, tickets, etc. (e.g. museums, public transport, sights) are not included in the purchase price.
    10. Depending on the booked Product, it may be the case for quests that the customer must additionally purchase tickets (e.g. for museums, sights, etc.) in order to solve the puzzles posed within the quest. In the event that the customer does not wish to do so – for whatever reason – or if this should (currently) be impossible, SightQuest provides alternative puzzles so that the booked quest can be fully solved. Pure tours contain no puzzles; there is accordingly no obligation to solve puzzles or purchase tickets for completion.
    11. It is noted that the present transaction is not a fixed-date transaction. The customer must inform themselves about the local conditions and the possibilities of completing the Product they have booked.
    12. The Products constitute digital content that is not supplied on a tangible medium. Upon purchase, the customer expressly consents to SightQuest commencing provision (transmission of the Access Code) before expiry of the 14-day withdrawal/cancellation period, and acknowledges that they thereby lose their right of withdrawal or cancellation pursuant to Section 18(1) no. 11 FAGG (Austrian Distance and Off-Premises Contracts Act). Accordingly, once provision has commenced, no right of withdrawal or cancellation exists.
  5. Mutual Rights and Obligations

    1. Both parties undertake to cooperate in good faith in the performance of the contract and the provision of the contractual services.
    2. Via the support information published on the internet, the customer undertakes to inform SightQuest without delay of any disruptions, errors or problems in completing the booked Product or regarding the validity of Access Codes or QR codes.
    3. SightQuest undertakes to remedy reported disruptions within a reasonable period. Should a remedy not be possible within a reasonable period, it is at SightQuest’s discretion to grant the customer, according to the extent and severity of the respective disruption, any refunds of the purchase price in proportion to the unusable part of the service. Such refunds must be made to the same registered means of payment with which the customer made the payment.
  6. Remuneration, Components of Remuneration, Due Date, Payment Terms

    1. The remuneration is determined by the respective website information. The price may be calculated differently depending on the type of Product and the group size (in particular per person for tours, as a group price for quests, and as a bundle price for pass products). All prices are inclusive of statutory value added tax.
    2. Admission tickets (museums), public transport tickets or other third-party services are not included in the price.
    3. The remuneration is due immediately at the time of booking the respective Product and must be paid in full and without deduction before provision of the Access Code.
    4. Payment is made via the payment service providers listed on the SightQuest website, including the option of payment by credit or debit card. The customer is hereby subject to the respective terms of these third-party providers.
    5. In addition to the agreed or statutory interest, SightQuest may also claim compensation for other damage caused by the customer and incurred by SightQuest. This includes in particular the necessary costs of appropriate out-of-court collection or recovery measures.
  7. Warranty

    1. SightQuest warrants to the customer that the agreed services correspond to the offer as per the website or the contract.
    2. SightQuest regularly checks all Products for their feasibility.
    3. The website generally remains available online at all times. Maintenance work is – as far as technically possible – carried out in the background. However, SightQuest reserves the right to temporarily restrict the availability of the website insofar as this is necessary for required maintenance, security or system stability work.
    4. If the customer is an entrepreneur, the services are deemed approved and thus free of defects if the customer does not give written notice of a defect within 14 days of performance of the service. If the customer fails to give such notice, they can no longer assert claims for warranty, for damages on account of the defect itself (defect damage) or arising from an error regarding the defectiveness of the service. In relation to consumers, the statutory warranty provisions apply (see clause 7.5).
    5. If the customer is a consumer, the statutory warranty provisions apply.
    6. If the customer is an entrepreneur, SightQuest is entitled to determine the type of warranty remedy (improvement, replacement, price reduction) and its period.
  8. Limitations of Liability, Damages

    1. SightQuest is liable in accordance with the standard of care of a prudent business, but not for slight negligence. This limitation of liability does not apply in the case of personal injury.
    2. SightQuest accepts no liability for technical prerequisites on the customer’s side or for disruptions, failures or restrictions originating from the customer’s sphere (in particular defective or unsuitable end devices, insufficient battery capacity, missing or unstable internet or mobile connection, incorrect settings or software conflicts). The customer is themselves responsible for ensuring that their devices and access are suitable and functional for the use of SightQuest’s services.
    3. The customer is themselves responsible for carefully observing their surroundings and ensuring their own safety, in particular with regard to traffic, construction sites, terrain, obstacles and other local conditions. SightQuest accepts no liability for this.
    4. SightQuest is not liable for damage arising from the customer’s own fault, an unsafe environment, bad weather, improper use of the service or disregard of local regulations.
    5. SightQuest accepts no liability for third-party services, in particular public transport, museums, private facilities or operators.
    6. The customer undertakes to inform themselves before participation about all relevant local regulations, access conditions and safety requirements and to comply with them. SightQuest accepts no liability for this.
    7. If the customer is an entrepreneur, SightQuest is not liable for indirect damage, lost profit, loss of interest, failed savings, consequential damage, pure financial loss, damage from third-party claims, nor for specific returns, nor for lost holiday enjoyment or any immaterial damage arising or that may arise as a result of the non-performance of Products.
    8. If the customer is an entrepreneur, in the event of liability on the part of SightQuest, fault is – contrary to the statutory provisions – not presumed; rather, the customer must furnish proof thereof.
    9. If the customer is an entrepreneur, claims for damages become time-barred within six months of knowledge of the damage and the party causing it.
  9. Copyright and Rights of Use

    1. All content, puzzles, texts, audio content and audio guides, map material, images, graphics, storylines, Products, etc. of SightQuest are protected by copyright.
    2. For the duration of use of the respective Product, the customer receives a non-exclusive, non-transferable, non-commercial right of use to draw upon the displayed content and images for the intended use of the Product. Use within the booked group within the scope of the respective activation limit remains unaffected by this.
    3. Only the transfer of the team join or join link to participants of the booked group within the scope of the respective activation limit is permitted. Any further publication, disclosure or other transmission of the Access Code, QR code, screenshots and other content protected by SightQuest’s copyright (texts, solutions, puzzles, audio content, etc.) to third parties outside the contract is strictly prohibited and constitutes a breach of contract. In this case, SightQuest reserves the right to assert claims for damages, to charge licence fees, to assert copyright infringements and, in general, to prosecute violations both under civil and criminal law.
  10. Data Protection

    1. SightQuest undertakes to provide comprehensive data protection in accordance with the provisions of the GDPR and the Austrian Data Protection Act (DSG).
    2. SightQuest will use personal data exclusively for the intended purposes and will not undertake any commercial use or exploitation thereof going beyond this in any form whatsoever.
    3. SightQuest undertakes to impose all data protection obligations on employees, business partners and subcontractors and guarantees their compliance.
    4. SightQuest’s data protection provisions are available on the website, and the customer accepts them in terms of content.
  11. Force Majeure

    1. Force majeure is an external, unforeseeable event that cannot be averted even with the utmost care and that stands in the way of the provision of services.
    2. In the event of force majeure that temporarily prevents SightQuest’s provision of services, the obligation to perform is extended accordingly. This also applies analogously to the customer’s duties and responsibilities to cooperate.
  12. Subcontractors, Prohibition of Set-off

    1. Personal performance of the services by SightQuest is only owed if this has been expressly agreed. Otherwise, SightQuest is entitled to engage assistants, subcontractors or employees for the provision of services at its own discretion.
    2. If the customer is an entrepreneur, any set-off of claims for damages or other claims of the customer against SightQuest is excluded.
  13. Choice of Law, Place of Jurisdiction

    1. The parties agree on the applicability of Austrian law to the exclusion of the international conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG).
    2. For all disputes arising from and in connection with the conclusion of the contractual relationship, the parties agree on the exclusive jurisdiction of the court with subject-matter jurisdiction in Vienna.
    3. If the customer is a consumer, the choice of law or the chosen place of jurisdiction agreed above may be subject to legal restrictions of the customer’s state of residence. In the event that clauses 13.1 and 13.2 are subject to invalidity or restriction by mandatory law to the contrary, the statutory provisions respectively applicable to the contractual relationship with the customer shall apply.
  14. Final Provisions

    1. Amendments or supplements to the contractual relationship are only effective if made in writing. This also applies to any waiver of the written-form requirement.
    2. Should individual provisions of these GTC be or become invalid or unenforceable, or become so as a result of a change in the legal situation, the validity of the remaining provisions shall remain unaffected. By way of supplementary contractual interpretation, the parties undertake to replace the invalid provision with a valid one that comes closest to the economic purpose of the invalid provision. The same applies mutatis mutandis to gaps in this contract.
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