Terms and Conditions

Rätselbande GmbH, Reinhardtstraße 47 a, 10117 Berlin (hereinafter referred to as “City Codes”) offers, on the basis of an exclusive license, either itself or through cooperation companies (as defined below) and together with various partners (as defined below) in Germany, several unaccompanied courses with different individual services for participants (as defined below). These are permanently installed, logistically coordinated, and coherent hiking and sports trails. They are referred to as “City Codes” courses (hereinafter referred to as “courses”). The courses can be booked via the provider's website www.citycodes.de, but also by telephone or e-mail.

Each course consists of an invisible trail and various so-called stations. These “stations” include a game, a task, a device, and/or a description, the use, completion, or solution of which enables the participants (as defined below) in a team (as defined below) to find their way to the next station. If a solution is not apparent, participants (as defined below) can call a helpline for assistance.

1. Scope of application, recognition, and reservation of changes to these City Codes Terms and Conditions; external terms and conditions

1.1 These City Codes Terms and Conditions govern the contractual rights and obligations between City Codes, the respective provider (as defined below), the customer (as defined below), and the respective participants (as defined below) of a course, in particular the booking and performance of services, as well as the conditions of participation relating to the courses.

1.2 By submitting a binding offer to book one or more courses (see sections 3.2 and 3.3 below), the customer (as defined below) accepts these City Codes Terms and Conditions as binding. If the booking is (also) made for other participants, the acceptance also applies to and against the other participants. By participating in the course booked by the customer (as defined below), they agree to these City Codes Terms and Conditions. The customer (as defined below) is solely responsible for informing the participants of these City Codes Terms and Conditions in a timely manner.

1.3 City Codes is entitled to unilaterally amend these City Codes Terms and Conditions in the event of subsequent changes to the legal situation, technical circumstances, changes relating to partners, and/or disruptions to the principle of equivalence, insofar as this is necessary. We will inform the customer of any changes via the last known email address, stating the respective change. If the customer does not object to the change in writing or in text form within 4 weeks of receipt, the change shall be deemed approved.

1.4 Any deviating, supplementary, or conflicting general terms and conditions of the customer shall not become part of the contract, even if we do not separately object to their inclusion.

2. Definitions

2.1 The “provider” of the courses, service provider, and sole contractual partner of the customer (as defined below) is either Rätselbande GmbH, Reinhardtstraße 47 a, 10117 Berlin, or the respective partner company, depending on the course in question.

2.2 “Cooperating companies” are companies that, as sub-licensees of City Codes, provide the course services in their own name and on their own account in cities and regions other than Berlin and are therefore the sole contractual partners of the customer. In this case, City Codes is merely an intermediary vis-à-vis the customer.

2.3 “Customer” is the person in whose name and on whose behalf a course is booked and who is therefore the contractual partner of the respective provider. This may, but does not necessarily have to be, a participant.

2.4 “Partner” refers to a company or institution, public or private, selected by City Codes to enable the provision of services. The partner is not a contractual partner of the customer.

2.5 “Participants” are those persons who take part in a course booked by the customer (including the customer, if he/she participates himself/herself).

2.6 “Teams” refers to a minimum of two members and a maximum of six members who complete a course together.

3. Conclusion of contract; minimum number of participants

3.1 The information contained on the website or in the documents (e.g., flyers, advertising leaflets, information brochures, etc.) of City Codes or the respective provider is always subject to change and non-binding. It serves only to provide information about the respective provider's offer, in particular to describe the courses, and thereby to invite potential customers to submit a binding offer to the respective provider (“invitatio ad offerendum”). The same applies to information provided by the provider's employees by telephone in response to customer inquiries.

3.2 When booking via the website www.citycodes.de, the customer is guided through the individual booking steps during the entire booking process. During the booking process, the customer must select the desired course, enter their personal data (in particular first name/last name, address, email address, date of birth, mobile phone number), the number of participants, and their payment details. For each course, the customer is shown the respective provider as their contractual partner, including contact details (telephone, email). Furthermore, the customer must confirm that they have read and accepted the privacy policy (https://www.citycodes/datenschutz) and these City Codes Terms and Conditions by clicking on the box (so-called “opt-in”). The customer can either register permanently by creating an account or book as a guest.

By clicking on the “Buy” button, the customer then submits a binding offer to book one or more courses for a fee in accordance with the prices stated on the website. The customer will receive confirmation of receipt of the offer by means of an automatically generated email, although this email does not in itself constitute acceptance of the customer's offer by the respective provider.
The contract between the respective provider and the customer is only concluded when a booking confirmation with the corresponding booking number is sent to the customer's specified email address, listing the essential details of the booked course, in particular the respective provider as the contractual partner, the start date, and the services to be provided.

3.3 When booking by telephone or email, the customer may submit a request to book one or more City Codes, which the provider will process as quickly as possible. The provider will ask the customer for any necessary information, in particular personal data (especially first and last name, address, email address), the number of participants, and payment details, and will provide the customer with suitable booking options and services along with prices by email, where possible, and will send the customer the privacy policy and the City Codes terms and conditions. In addition, the customer will also be informed of the respective provider as the service provider and contractual partner of the customer, including contact details (telephone, email). If the customer wishes to make a booking, they can submit a binding offer by email or telephone to book one or more courses in accordance with the prices previously stated by the provider and hereby confirms that they have read and accepted the privacy policy and these City Codes Terms and Conditions.

The contract with the customer is only concluded when a booking confirmation with the corresponding booking number is sent to the customer's specified email address, listing the essential details of the booked course, in particular the respective provider and contractual partner, the start date, and the services to be provided.

3.4 A booking can only be made for at least two (2) participants. There is no maximum limit on the number of participants, but the provider reserves the right to combine participants into several teams.

4. Payment; invoice and default of payment

4.1 The customer pays for the course(s) booked at the time of booking. The following payment methods are available:

● Credit card
● Bank transfer
● PayPal

4.2 The customer is fully liable to the respective provider for the fees incurred by the participants in the course booked by him. The provider is nevertheless entitled to demand payment of his fees from each of the participants.

4.3 The customer will receive a corresponding invoice by email, unless otherwise agreed in individual cases.

4.4 Notwithstanding the statutory rights in the event of late payment, the Provider may charge the Customer a flat fee of EUR 10.00 for each reminder.

5. Cancellations and change requests by the customer

5.1 Notwithstanding the customer's statutory rights and the following provisions, bookings cannot be canceled before the start of the booked course.

5.2 If the customer wishes to make a change to a booked course before the start of the course, e.g., postponing the start date or time, they can request this from the respective provider by email or telephone at least 72 hours in advance. The provider will then check whether and to what extent a change and/or postponement of the start date is possible and, if necessary, offer the customer alternatives. There is no entitlement to a change and/or postponement of the start date.

5.3 If one, several, or all participants are unable to take part in the booked course, the customer must inform the respective provider by email or telephone at least 72 hours in advance.

When booking via the provider's website, the number of participants per team can be increased to a maximum of six via a web link in the booking confirmation.

Paid fees will not be refunded. Fees still to be paid remain due. However, the customer is permitted to prove that the respective provider has incurred no or significantly less damage.

5.4 If the respective provider agrees to a change request, it will send the customer a confirmation by email or fax listing the changes or the changed booking.

5.5 Furthermore, the provider is entitled, but not obliged, to issue the customer with vouchers for the amount of the booking price or a proportion thereof (against invoice, if applicable) at any time as a gesture of goodwill, which can be redeemed at a later date. The vouchers will be sent by email; if delivery by post is agreed, the customer shall also bear the postage costs for delivery.

6. Scope and performance of services

6.1 The respective provider offers various service components with the courses. The individual courses are continuously being improved, which is why there is no entitlement to continuity of individual services. City Codes reserves the right to adjust the offer on the website at any time, even at short notice.

6.2 Depending on the scope of the booking and the respective course, the following services may be included in the course services offered by the respective provider:

● Completion of the booked course and the items included therein;
● Use of the helpline (at standard call rates);
● Provision of tickets for the use of any necessary means of transport (public transport, taxis, bicycles, etc.);
● Use of any necessary equipment and facilities;
● Admission to facilities (museums, castles, etc.), if applicable;
● Snacks and surprises, if applicable.

6.3 The content and scope of the service booked as part of a course is always determined exclusively by the booking confirmation sent to the customer.

7. Cancellations and changes by the provider

7.1 The provider reserves the right, for organizational reasons, to divide several participants into individual teams in order to facilitate the performance of the booked services and to improve the experience for the individual participants.

7.2 The respective provider reserves the right to subsequently change individual components of a course under certain circumstances or to replace them with other, equivalent services, provided that this is reasonable for the customer or participants in individual cases. This applies in particular to individual items. Circumstances that may entitle the provider to make changes after booking have been made include, in particular:

● Loss of partners relevant to the booked course;
● Changed opening hours of partners;
● Damage, defects, vandalism, or unusability of individual components or facilities of a course;
● Special weather conditions, e.g., storms, snowfall, slippery conditions, flooding;
● Construction work;
● Interruption or disruption of public transportation;
● Orders from authorities.

The respective provider will inform the customer immediately by email of any intended changes.

7.3 If a change is not possible, the respective provider is entitled to cancel the entire booked course, taking into account the circumstances of the individual case (e.g., short notice of the underlying circumstances, scope of the service affected) and the interests of the customer or participants. The provider shall inform the customer of the cancellation immediately by email. The provider shall then make alternative suggestions to the customer or send a voucher, which the customer can then use to book a replacement course. The customer's statutory rights remain unaffected.

8. Provision of third-party services

Upon request, the respective provider will also arrange additional useful services from third parties (hereinafter referred to as “third-party services”) for the customer or participants wishing to take part in a course, such as catering or accommodation services. The third-party services are provided exclusively by the respective third parties and invoiced to the customer or participants by them. The respective third party is solely responsible for the third-party services, in particular their availability, quality, and safety, and is the contractual partner of the customer in this respect. The provider accepts no liability or warranty for this.

In the event of cancellation or change by the provider in accordance with Section 7, as a result of which the use of the third-party service has become invalid or at least unreasonable, the respective provider will endeavor to find a solution. Otherwise, the respective provider is only liable in accordance with these City Codes Terms and Conditions.

9. General conditions of participation for obstacle courses

9.1 Each participant must be physically and mentally capable of completing a hike on hiking trails and finding their way around the terrain. This requires average orientation skills. Specific knowledge of the location and region is not required. The routes are described in sufficient detail on the website www.citycodes.de, where any special requirements are also indicated.

9.2 Persons prone to seizures or fainting spells, as well as persons with severe mental or physical disabilities, are only permitted to use the facilities and remain on the premises when accompanied by an attendant.

9.3 Serious physical illnesses that could significantly impair the use of the course (e.g., epilepsy, heart and circulatory diseases) as well as mental illnesses in the form of perceptual disorders must be reported. The respective provider reserves the right to refuse use of the course in individual cases, taking into account the interests of the participant concerned.

9.4 Animals are generally not permitted, but may be allowed in exceptional cases by the respective provider upon prior request.

9.5 The recommended minimum age for participants is 8 years. If the participants are schoolchildren, the recommendation is from 5th grade onwards.

9.6 Children and young people up to the age of 15 may only participate if accompanied by their parents or a supervisor (e.g. teacher) who must be at least 16 years old. Each team must have at least one supervisor aged 16 or over or a parent. The respective supervisor must be able to prove their authorization to supervise at any time by presenting suitable documents. Liability is governed by Section 11.

9.7 In good time before the start of each course, each customer will receive an individual booking code that entitles the participants specified at the time of booking or subsequently in accordance with the provisions of these City Codes Terms and Conditions to participate in the respective booked course (hereinafter referred to as “City Codes Ticket”). The City Codes Ticket entitles the holder to use the course and take advantage of the other service components in accordance with the respective booking confirmation. The City Codes Ticket must be carried by participants at all times during participation and presented on request to the respective employees of the respective provider, partners, and/or other third parties.

9.8 Travel to and from the booked course is the sole responsibility of the customer or participants.

9.9 As the courses are always reserved for individual customers and the respective booked period, it is essential that participants arrive at the agreed location on time for the start time and take into account delays due to traffic, public transportation, and other factors when traveling to the location. If participants arrive late, we cannot guarantee that the booked course will take place. In this case, there is no entitlement to a refund of the agreed fee if the service cannot be provided.

9.10 Subject to supplementary or deviating provisions for individual courses on the website www.citycodes.de, the following minimum equipment is required for the use of a course:

● At least one smartphone per team that is capable of receiving and transmitting signals, with call and usage charges to be borne by the participants;
● Casual clothing suitable for the weather and good footwear for completing the course; and
● Only the courses specifically marked on the provider's website are barrier-free and suitable for participants with strollers and/or wheelchairs.

10. Warranty

10.1 The courses are either outdoors or on the premises of partners; the installed stations are mostly accessible to the public. Despite regular inspection and maintenance of each course, it is possible that individual parts and stations may be unavailable or not fully usable for a short period of time (e.g., due to weather conditions, vandalism/damage, fixed opening hours). In this case, participants have no claim to warranty and/or liability against the provider. The provider does not assume any warranty for third-party services.

11. Liability

11.1 Participants complete the courses at their own risk. It is the responsibility of each participant to take out appropriate insurance, although City Codes recommends doing so. This applies in particular to the accessible courses. City Codes and the respective provider therefore accept no liability for damage, even if it is attributable to the use of a course and the individual stations on a course. This does not apply if City Codes or the respective provider is guilty of intent or gross negligence, nor does it apply in the event of personal injury or breach of essential contractual obligations which are essential for the performance of the contract and on whose fulfillment the customer has relied and may rely.

11.2 All of the above liability provisions in favor of the respective provider also apply mutatis mutandis to its auxiliary persons, responsible persons, employees, authorized representatives, and agents. Only the respective partner is liable for damages suffered by participants when using the individual items.

11.3 The customer and participants are jointly and severally liable for all damage, in particular to buildings, facilities, or equipment (e.g., posts), caused by them. Caregivers or parents are liable for and alongside their children. The customer and participants must always observe and comply with any instructions and rules of use issued by the partners without restriction.

11.4 The respective provider and City Codes shall in no way be liable for third-party services that they merely arrange.

12. Exclusion of participants

The respective provider is entitled to exclude individual or all participants from the course if

● a participant violates the provisions of these City Codes Terms and Conditions and further participation is unreasonable for the provider;
● the registered number of participants is exceeded; or
● there is another important reason.

Other rights of the respective provider under these City Codes Terms and Conditions or under the law remain unaffected.

13. Force majeure

13.1 The provider shall not be liable for damages arising from causes beyond its control and influence (e.g., storms, traffic disruptions, natural disasters, unrest). The same applies to technical malfunctions (e.g., in the IT system) or power outages, provided that the cause is not attributable to the provider.

13.2 If and as long as the provision of services becomes temporarily impossible, but has not yet commenced, the mutual performance obligations shall be suspended until the obstacle has been removed. The parties shall then agree on a postponement by mutual consent. If the obstacle lasts longer than two (2) weeks, either party may withdraw from the contract by notifying the other party in writing or in text form.

14. Confidentiality

The customer and participants are obliged not to share any game elements of the course, including tasks, layout, puzzles, equipment, game play and structure, with third parties or to use them for their own or third-party commercial purposes. Taking photos or videos on the premises is only permitted with the written consent of the respective provider.

15. Data protection

When requesting and booking a course, as well as during the provision of services, customer and participant data will be collected, stored, and processed in accordance with legal provisions. Further details can be found in the provider's privacy policy, which is available here.

16. Newsletter

During the booking process, the customer can select a box (known as an “opt-in”) to allow City Codes and the respective provider to send them regular electronic newsletters via email. These newsletters can be unsubscribed from at any time and free of charge by clicking on a corresponding web link in each email sent (“unsubscribe link”) or by sending an informal message to City Codes or the respective provider (e.g., by email).

In the newsletter, City Codes or the provider refers to both its own and optional offers from third parties and also provides information on leisure activities.

17. No right of withdrawal

The customer is advised that there is no right of withdrawal.

18. Copyright and other rights

18.1 All copyrights and other (property) rights to the courses, (start) documents, plans, images, texts, and other materials belonging to City Codes or the respective provider, as well as the website www.citycodes.de, belong and remain in all cases with City Codes or the respective rights holder.

18.2 Any use, in particular the copying, reproduction, distribution, and publication of City Codes, the courses, the (start) documents, and/or other products of the provider, in any form whatsoever (e.g., in electronic or non-electronic form) is not permitted and will be prosecuted under civil and/or criminal law.

19. Applicable law, place of jurisdiction, EU arbitration procedure, and miscellaneous

19.1 Subject to other mandatory provisions, all legal relationships between City Codes, the respective provider and/or partners on the one hand and the customer and participants on the other hand shall be governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods and other international conflict of law provisions.

19.2 If the customer is a merchant, a legal entity under public law, or a special fund under public law, the courts at the registered office of the respective provider shall have exclusive jurisdiction.

19.3 In the event of complaints about City Codes, the respective provider, and/or partners, the customer may contact the European Online Dispute Resolution Platform for consumer affairs at any time at http://ec.europa.eu/consumers/odr/.

19.4 City Codes and the respective provider point out that neither they nor their partners are willing or obliged to participate in (alternative) dispute resolution proceedings before a consumer arbitration board.

19.5 These City Codes Terms and Conditions, together with the respective booking confirmation, constitute the entire agreement regarding participation in the course. Subject to an individual agreement, any changes and/or additions to these City Codes Terms and Conditions must be made in writing, including any waiver of the written form requirement.

19.6 Should one or more clauses of these City Codes Terms and Conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The contracting parties shall replace the invalid provision with a valid provision that comes as close as possible to the intended economic purpose of the invalid provision. The foregoing shall apply mutatis mutandis to unintended contractual gaps.