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General Terms and Conditions

  1. Scope of application
    1. These General Terms and Conditions (GTC) apply exclusively to the business operations of SightQuest. They are binding and apply to all current and future business transactions with its customers, even if no express reference is made to them.
    2. Any provisions deviating from or supplementing these GTC - in particular business, contractual or purchasing conditions of the customer - shall only apply if this is expressly confirmed in writing by SightQuest.
    3. SightQuest reserves the unilateral right to amend or update these GTC on a regular basis.
    4. For reasons of linguistic simplicity, SightQuest always uses the generic masculine and does not intend to discriminate against other genders, social groups or individuals.
    5. The contract languages are German and English.
  2. Object of the company, market
    1. SightQuest provides browser-based outdoor quests, puzzle routes and digital content.
    2. SightQuest exclusively provides electronic services. SightQuest offers its customers the purchase of access codes (hereinafter „access code"), which subsequently unlocks a QR code. This QR code grants the customer access to various virtual browser-based outdoor quests, puzzle routes, scavenger hunts etc. (hereinafter referred to as „Quests"), which the customer can successfully complete.
    3. SightQuest's services are aimed at companies (B2B) and consumers (B2C).
  3. Offer, conclusion of contract
    1. The details of the respective quests are listed on the website and this presentation constitutes a legally binding offer for the customer to conclude a contract.
    2. By making the booking/order, the customer accepts the individual (regional) circumstances of the respective quest. Once the booking is complete, a contract is concluded between the parties, which is deemed to have been completely fulfilled by SightQuest when the access code is sent to the Client.
    3. The provision of data, documents and quests or access codes is exclusively electronic. The access code can be redeemed within one year of its purchase (generation of a QR code). After expiry of the validity period (1 year for access codes, 7 days for QR codes), the redemption entitlement to complete the quest expires without compensation.
    4. If the customer is an entrepreneur (B2B), SightQuest reserves the right to agree individual offers and payment methods. In this case, the customer is bound by the individual agreement and this takes precedence over these GTC in the event of a contradiction.
  4. Service content, 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 browser-based QR code is generated, which can be scanned and used to unlock the respective quest.
    2. Legally, the purchased access code or QR code is similar to the purchase of a ticket to participate in a virtual entertainment event.
    3. The quests can be booked either for individuals or groups. For group bookings, the participation information published on the website must be observed and the same conditions apply for group bookings as for individual bookings.
    4. It is recommended that you use public transport or other means of transport to complete the individual sections of the booked quests, as the respective sections are often several kilometres apart.
    5. For Persons with reduced mobility Depending on their respective limitations, the completion of quests or individual sections may result in impairments. However, SightQuest cannot guarantee the subjective feasibility of quests in this respect, depending on the impairments of the respective persons.
    6. From the time the access code is redeemed, the customer has 7 days to start and complete the quest. After this period, access and the generated QR code expire automatically. A refund of the purchase price is excluded in this case.
    7. After redeeming the access code and generating the QR code, access to the respective quest is only possible via the same browser that was originally used to redeem the access code or scan the QR code. It is not possible to re-enter the quest (e.g. via another device or another browser, etc.).
    8. If the browser window is operated in incognito mode and the quest is carried out there and closed by the customer - for whatever reason - it is not possible to re-enter the quest and all claims of the customer to carry out the quest or claims for compensation expire without compensation.
    9. Any admission tickets, tickets etc. (e.g. museums, public transport, sights) are not included in the purchase price.
    10. Depending on the booked Quest, the Customer may have to purchase additional tickets (e.g. for museums, sights etc.) in order to solve the puzzles posed as part of the Quest. In the event that the customer does not wish to do this - for whatever reason - or if this is (currently) impossible, SightQuest will provide alternative puzzles to solve the booked quest in full.
    11. It is noted that this is not a forward transaction. The customer must inform himself/herself about the local conditions and possibilities for completing the quest he/she has booked.
    12. Withdrawal from or cancellation of the contract is excluded due to the leisure nature of the services in accordance with § 18 para. 1 no. 10 FAGG.
  5. Reciprocal rights and obligations
    1. Both parties undertake to co-operate in a spirit of trust in the execution of the contract and the provision of the contractual services.
    2. The Customer undertakes to use the support information published on the Internet to inform SightQuest immediately of any faults, errors or problems with the completion of the booked Quest or the validity of access codes or QR codes.
    3. SightQuest undertakes to rectify reported faults within a reasonable period of time. If it is not possible to rectify the fault within a reasonable period, SightQuest may, at its discretion, offer the Client a refund of the purchase price or the provision of alternative services, depending on the extent and severity of the fault in question.
    4. SightQuest is entitled to consult third parties contacted by the Client if this is expedient in the context of the fulfilment of the contract.
  6. Prices, terms of payment, default of payment
    1. The prices and other information given on the website are subject to change and non-binding. The purchase price is due immediately upon completion of the purchase.
    2. All prices are quoted in euros and include VAT at the legally applicable rate.
    3. If the Client defaults on payment, SightQuest shall be entitled to charge interest on arrears in the amount of 12% per year.
    4. At the point in time at which the customer does not fulfil his payment obligations, all outstanding claims against the customer shall become due immediately in their entirety.
  7. Availability, warranty
    1. SightQuest endeavours to ensure the highest possible availability of the website and technical systems, but cannot guarantee continuous accessibility.
    2. SightQuest cannot guarantee the availability of the Quest content and its technical functionality and is in particular not liable for the accessibility of the website, but in the event of disruptions SightQuest will endeavour to remedy the disruption - if possible - in accordance with its obligations and capacities.
    3. SightQuest reserves the right to temporarily restrict the availability of the website if this is required for necessary maintenance, security or system stability work.
    4. The services shall be deemed approved by the customer and therefore free of defects if the customer does not report a defect in writing within 14 days of the provision of the service. If the customer fails to make this notification, he can no longer assert claims for warranty, compensation for damages due to the defect itself (damage caused by a defect) or due to an error regarding the defectiveness of the service.
    5. If the customer is a consumer, the statutory warranty provisions shall apply.
    6. If the customer is an entrepreneur, SightQuest is entitled to determine the type of warranty (improvement, replacement, price reduction) and its period.
  8. Limitation of liability, compensation for damages
    1. SightQuest shall be liable in accordance with the standard of care of a prudent business, but not for slight negligence. This limitation of liability does not apply to personal injury.
    2. SightQuest assumes no liability for technical requirements on the part of the Client or for malfunctions, failures or restrictions that originate from the sphere of the Client (in particular defective or unsuitable end devices, insufficient battery power, missing or unstable Internet or mobile phone connection, incorrect settings or software conflicts). The Customer is responsible for ensuring that its devices and access points are suitable and functional for the use of SightQuest's services.
    3. The client is responsible for carefully observing his surroundings and ensuring his 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 caused by the client's own fault, an unsafe environment, bad weather, improper use of the service or failure to comply with local regulations.
    5. SightQuest accepts no liability for the services of third parties, in particular public transport, museums, private institutions or operators.
    6. The Client undertakes to inform himself about all relevant local regulations, access conditions and safety requirements before participating 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, loss of profit, loss of interest, failure to make savings, consequential damage, mere financial loss, damage arising from third-party claims, nor for certain earnings, nor for loss of holiday enjoyment or any immaterial damage that arises or may arise as a result of the non-performance of quests.
    8. If the customer is an entrepreneur, in the event of liability on the part of SightQuest, fault is not assumed - contrary to the statutory provisions - but the customer must provide proof of this.
    9. If the customer is an entrepreneur, claims for damages shall become time-barred within 6 months from the date of knowledge of the damage and the damaging party.
  9. Copyright and rights of use
    1. All content, puzzles, texts, images, graphics, storylines, quests, etc. of SightQuest are protected by copyright.
    2. For the duration of the quest, the customer receives a non-exclusive, non-transferable, non-commercial right to use the content and images shown to solve the quest.
    3. The publication, forwarding or other transmission of the QR code, screenshot and other content copyrighted by SightQuest (texts, solutions, puzzles, etc.) to third parties outside the contract is strictly prohibited and constitutes a breach of contract. In this case, SightQuest reserves the right to claim damages, charge licence fees, assert copyright infringements and generally prosecute infringements both in court and under criminal law.
  10. Data protection
    1. SightQuest is committed to comprehensive data protection in accordance with the provisions of the GDPR and the Austrian Data Protection Act.
    2. SightQuest will use personal data exclusively for the intended purposes and will not undertake any further commercial use or utilisation of the same.
    3. SightQuest undertakes to impose all data protection obligations on employees, business partners and subcontractors and guarantees compliance with them.
    4. SightQuest's data protection provisions are available on the website and the customer accepts their content.
  11. Force majeure
    1. Force majeure is an external, unforeseeable event which cannot be averted even with the utmost care and which prevents the provision of services.
    2. In the event of force majeure, which temporarily prevents SightQuest from providing its services, the obligation to perform shall be extended accordingly. This also applies analogously to the Client's duties and obligations to co-operate.
  12. Subcontractors, prohibition of offsetting
    1. Personal performance of the services by SightQuest is only owed if this has been expressly agreed. Otherwise, SightQuest is authorised to call in auxiliary staff, subcontractors or employees for the provision of services at its own discretion.
    2. If the customer is an entrepreneur, offsetting 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 that Austrian law shall apply to the exclusion of the international conflict of laws rules and the UN Convention on Contracts for the International Sale of Goods.
    2. For all disputes arising from and in connection with the conclusion of the contractual relationship, the parties agree to the exclusive jurisdiction of the competent court in Vienna.
    3. If the customer is a consumer, the above choice of law or the chosen place of jurisdiction may be subject to legal restrictions in the customer's country of residence. In the event that points 13.1 and 13.2 are ineffective or restricted by other mandatory law, the statutory provisions applicable to the contractual relationship with the customer shall apply.
  14. Final provisions
    1. Amendments or additions to the contractual relationship are only effective if they are 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 as a result of a change in the legal situation, this shall not affect the validity of the remaining provisions. The parties undertake, by way of supplementary interpretation of the contract, to replace the invalid provision with a valid provision that comes as close as possible to the economic purpose of the invalid provision. The same applies mutatis mutandis to loopholes in this contract.
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