General Terms and Conditions (GTC) of World City Trail
Preamble
World City Trail offers a number of unaccompanied trails in various cities of the world. This trails consists of an invisible track and varius stations. These stations involve a game and the solutions reveal the way to the next station.
If a solution cannot be found within a few minutes the players have the ability to use our offline or online application's help system.
These GTC govern the contractual rights and duties between World City Trail and all the participants in our games.
1. Contractual parties
1.1 Provider
The company World City Trail.
1.2 Participants
The participants ( referred to throughout as: “participants” or “customers”) are classified as individuals or groups from 1 to 100 persons. In the case of more than 4 persons it is recommended that the participants should split up into more teams.
2. Conclusion of contract
2.1 Offering
World City Trail offers its services online on its website and offline or online on each mobile application.
2.2 Booking
2.2.1 Individuals
By clicking the “Buy” button, individuals make a binding offer to purchase the World City Trail game. The contract with an individual is effective when World City Trail sends an e-mail with a confirmation of the purchase and the application's login password.
2.2.2 Groups
Groups request a non-binding offer from World City Trail for the sale of the game by completing our online form. The contract applies when World City Trail sends an e-mail with the order confirmation.
2.2.3 Acknowledgement of the terms of contract
By purchasing a World City Trail game, all participants unconditionally acknowledge the prices shown online.
2.3 Payment
Individuals pay for the World City Trail game online by using their debit/credit card.
For each booking World City Trail will send an invoice for the total amount by email.
3. Amendments to the contract
Individuals
In case of cancellation, purchased games can only be postponed. In the event of participants being unable to take part, individuals must inform the provider immediately.
In the event of inability to take part, World City Trail will issue a voucher (with an invoice) which can be redeemed at a later date.
4. Scope of service
Own services
The World City Trail game includes the offline mobile application , the online web application and the game itself.
5. Warranty
The World City Trail games are outdoor and publicly accessible.
6. Conditions of participation
6.1 Requirements for participants
Participants should be able to complete a walk in the city. No local or regional knowledge is required.
There is no age limit to our games, though it is highly recommended that participants under 16 years old to be accompanied by an adult.
6.2 Equipment needed by the participants
The following equipment is needed to be able to use a World City Trail:
- A smartphone.
- Internet connection ONLY for the download of the application in case of offline downloadable game or internet connection in case of our online web app, the first login and the game ending. During the game only location services will be needed.
- Power bank or charger in case of battery loss.
- Sport shoes
- Leisure clothing suitable for completing the game under the prevailing weather conditions.
7. Liability and insurance
Participants complete the World City Trail games at their own risk. It is up to each individual participant to take out insurance.
World City Trail does not accept any liability for direct or indirect personal injuries or damage to property incurred as a result of using a World City Trail mobile game.
World City Trail will not be held liable for third-party services by partner businesses.
8. Data protection
For the purpose of booking a World City Trail game, data is collected, stored and processed in accordance with the provisions of the law.
When visiting World City Trail’s website, the following data is logged: the time and date that the World City Trail game has been downloaded and started, the user's email, user's city. This does not, however, permit any links to be made to personal data and none are intended. Where statutory retention periods have to be observed, the storage period for specific data can be up to ten years.
Personal data such as the data communicated when placing an order or by e-mail (e.g. name and contact details) are only used for correspondence with the customer and processed only for the purpose for which the data was provided. Personal data will only be passed on to third parties where necessary to fulfil the business purpose. Personal data may also be passed on where there is a legal obligation to do so or the customer has explicitly consented.
Any services provided by third parties that are used for processing and handling purposes will be subject to the provisions of data protection legislation. The customer consents to the data of all participants being passed on to support staff and the partner businesses involved for the purposes of handing queries and dealing with emergencies.
The data will not be disclosed to any other third parties.
9. Newsletter
By purchasing a World City Trail game, the customer consents to the provider e-mailing him/her an electronic newsletter (“opt-in”). This newsletter can be cancelled at any time and free of charge by clicking on the weblink contained in every e-mail sent out (“unsubscribe link”).
In the newsletter,World City Trail refers exclusively to its own offers and additionally provides information and suggestions on how to spend leisure time.
10. Copyright
The copyrights and all other rights to the World City Trail games, the game itself, the mobile applications, plans, images and other texts from World City Trail remain the property of the provider in every case.
Any kind of copying, duplication, passing on or publication of the World City Trail idea, whether in electronic or non-electronic form, is forbidden and will be prosecuted under civil and/or criminal law.
11. Other general provisions
11.1 Severability clause and completeness
Should any provision of the agreement between World City Trail and its customers be or become invalid, this will not affect the validity of the remaining provisions. The contractual parties will replace the invalid provision with an effective provision that comes as close as possible to the intended economic purpose of the invalid provision. This provision will apply mutatis mutandis to any loopholes in the agreement.
The confirmation of reservation/order and these GTC together with the answers to the “Frequently Asked Questions” (FAQ) on World City Trail’s website constitute the entire legal agreement between the provider and the customer. There are no collateral agreements.
11.2 Amendments to the GTC
World City Trail retains the right to amend these GTC as necessary at any time and without prior notice. The version available on the website as of the time of conclusion of the contract shall apply.
11.3 Place of jurisdiction and applicable law
The contractual relationship between the provider and customers is subject to Swiss law.
12. Special provisions for the World City Trail app
12.1 Services
World City Trail’s app is intended for usage on the World City Trail. It can be downloaded from the link sent by email to the customers.
12.2 Terms of use for download
The special terms of use for the World City Trail apply to each registered and unregistered user who has installed the World City Trail on his/her own smartphone, tablet computer. By downloading the World City Trail, the customer confirms that he/she has read and understood these GTC.
12.3 Use and access
World City Trail is entitled to withdraw approval for use or block access to the World City Trail if there is a reasonable suspicion that a customer has breached these terms of use. The customer may avert such measures by clearing such suspicion by submitting appropriate evidence at his/her own expense.
To the extent that the World City Trail facilitates legal transactions with third parties (e.g. purchase or rental), the user must accept the corresponding terms of the third-party provider and assume all associated costs for the same.
12.4 Liability
World City Trail does not accept any liability for any disruptions within the Internet network/Location services needed to use the World City Trail app.
World City Trail will be liable for any loss of data only if such loss could not have been avoided by reasonable data backup measures on the part of the customer. Liability does not extend to any impairment to the contractual use of the services rendered by World City Trail caused by improper or incorrect use of the World City Trail app by the customer.
The above limitations of liability will apply mutatis mutandis also with regard to World City Trail’s employees.
To the extent that the World City Trail app provides the possibility of redirecting to websites, databases, online services, etc. provided by third parties (e.g. through providing links or hyperlinks), World City Trail will not be liable for accessibility, the existence or safety of such offers nor for their content. In particular, World City Trail will not be held liable for the legality, factual correctness and completeness, validity, etc. of the data.
GDPR compliant.
13. Data protection
The World City Trail is protected to state-of-the-art standards (e.g. using encryption). The user is aware, however, that all participants are subject to the risk that third parties may intercept any data transmitted or gain access to such data in another illegal manner. Consequently, end-to-end confidentiality of the data transmitted within the scope of using the World City Trail app cannot be guaranteed.
Date: August 2019