General Terms and Conditions for Team Events
of Foxtrail Switzerland GmbH
1. Scope of application
The business relationship between Foxtrail Schweiz GmbH and our customers is governed exclusively by the following General Terms and Conditions in the version valid at the time of the offer.
2. Subject matter of the contract
2.1 Foxtrail course
Together with various partners, Foxtrail Schweiz GmbH offers unaccompanied courses (hereinafter referred to as”Foxtrails”) with various individual features. This is a route that is mainly completed on foot and leads from one post to the next, whereby the order of the posts is predetermined. The location and the route are not communicated directly to the participants, but are played out by solving tasks, puzzles using textual or physical clues or by operating installed devices. If the solution to an item is not obvious, participants can find further information on the solution as well as the position of the next item in the game documents.
2.2 Foxtrail tickets
The use of a Foxtrail is subject to a charge. The use of a Foxtrail is subject to a charge. Foxtrail Schweiz GmbH sells Foxtrail tickets to the customer in various price categories, depending on the scope of theFoxtrail and the age of the participants. Tickets are always sold in connection with the booking of start times for one or more Foxtrails.
2.3 Foxtrail bookings
The booking of a Foxtrail experience (hereinafter “Foxtrail booking”) is made by the customer. The booking includes the Foxtrail to be completed, the number of participants and the corresponding Foxtrail tickets as well as the date and time when the Foxtrail will start and additional services provided by Foxtrail Schweiz GmbH such as event organization, start accompaniment and the like. The availability of Foxtrails and their start times as well as additional services are communicated by Foxtrail Schweiz GmbH.
3 Contractual partners and conclusion of contract
The customer requests a non-binding offer from Foxtrail Schweiz GmbH for the requested Foxtrail booking. The contract is concluded if the customer accepts theoffer and the resulting order confirmation from Foxtrail Schweiz GmbH is not objected to by e-mail within 24 hours.
The customer acts as the organizer of the Foxtrail booking and is liable to Foxtrail Schweiz GmbH as joint and several debtor of the Foxtrail booking; primarily as the authorized representative of the booking organization (association, company, school, etc.) and secondarily as a private individual.
The customer acts as the organizer of the Foxtrail booking and is liable to Foxtrail Schweiz GmbH as joint and several debtor of the Foxtrail booking; primarily as the authorized representative of the booking organization (association, company, school, etc.) and secondarily as a private individual.
With the conclusion of the contract, all participants of a Foxtrail booking unconditionally accept the present GTC of Foxtrail Schweiz GmbH as well as the contents of the Foxtrail booking. In particular, the prices and number of Foxtrail tickets, the Foxtrails booked and the respective start times as well as the additional services booked. If participants refuse to accept this, the self-booker or corporate customer shall take their place as organizer.
4. Product, service and price information
4.1 Own services
With the Foxtrails, Foxtrail Schweiz GmbH offers various individual services such as post games, admissions, material deliveries, transportation and the like. The Foxtrails are continuously adapted to market requirements and are subject toexternal influences such as construction sites, impassability, changes to partner companies, etc., which is why there is no claim to continuity of the individual services. Foxtrail Schweiz GmbH reserves the right to adapt the offer at short notice.
The service catalogue of Foxtrail Schweiz GmbH includes the use of the booked Foxtrail (with its instructions, tasks,puzzles, post games and stagings), the use of the reservation and game system, the use of the online game app as well as the assumption of the specified and game-related costs that are absolutely necessary for completing a post orreaching the next post (such as specified means of transport, game-related equipment rental, admission to paid facilities, game material and surprises).
The specific scope of services provided by Foxtrail Schweiz GmbH is determined exclusively by the service catalog listed in the booking or order confirmation.
The services of Foxtrail Schweiz GmbH are made available in full upon check-in of the team and can be used by the participants. This means that Foxtrail Schweiz GmbH has rendered its services and the contract has been fulfilled by Foxtrail Schweiz GmbH.
4.2 Third-party services
On request, Foxtrail Schweiz GmbH can also arrange additional services from partner companies (hereinafter referred to as “third-party services”), such ascatering services, as a supporting program for participation in a Foxtrail.
The third-party services are provided by these partner companies and invoiced by them. The respective service providers are solely responsible for theavailability, quality and safety of these third-party services.
5. Payment
All services will be invoiced. The invoice will be sent to the person making the booking by e-mail 8 days before the start date. It must be paid within 14working days of the invoice date using the enclosed payment slip. If this payment deadline is exceeded, the corporate client shall be in default without a reminder and Foxtrail Schweiz GmbH shall be entitled to charge interest on arrears at the statutory rate in accordance with Art. 104 of the Swiss Code of Obligations as well as reminder fees of CHF 20.00 per reminder. Foxtrail Schweiz GmbH reserves the right to initiate debt collection proceedings itself or to assign due claims to third parties in the event of further default of payment by the customer. The costs shall be borne in full by the customer.
6. Contract changes Foxtrail bookings
6.1 Cancellation
Events can be cancelled for a one-off fee of CHF 250.00 up to 10 days before the start date. After this date, 100% of thetotal price of the booking will be charged.
6.2 No Shows
So-called no-shows are corporate clients who do not check in on the Foxtrails on the booked date and at the booked start time and have not contacted Foxtrail Schweiz GmbH by the end of the day. In these cases, 100% of the total price of the booking will be charged. There is no entitlement to a refund, rebooking or other compensation.
6.3 Changes to the number of participants and start times
The number of participants in a booking can be changed free of charge up to 8 days before the start date. This is up to a maximum of the available Foxtrails and start times depending on the city and up to a minimum of 20 people. After this time, the number of participants can only be increased, subject to availability of places and start times.
6.4 Changing the start date
The start date of a booking can be changed free of charge up to 10 days before the start date, provided that a start time is available on the new desired date. After that, a fee of CHF 250 per rebooking will be charged. The new start date must take place within 12 months of the start date of the order confirmation. If no new date is found or if the 12 months elapse, the event will be cancelled for a fee.
6.5 Changing additional services
Additional services can be added to the event up to 10 days before the start date and can also be cancelled free of charge. For its part, Foxtrail Schweiz GmbH can cancel additional services free of charge up to the start date without giving reasons
6.6 Changes to team check-in
Each team in a booking must check in at the start location of the Foxtrail before starting the Foxtrail. In doing so, the team registers
the cell phone number via which the team can be reached during the Foxtrail, the first name, surname and date of birth of the team leader, the number of players in the team divided into participants aged 6 and over and those aged 16 and over.The information must be filled in truthfully. The customer is liable for the accuracy and completeness of the informationprovided. If more participants are registered in the teams belonging to the booking at check-in than the total numberstated at the time of booking, these will be charged in an additional invoice.
7. Foxtrail booking experience and guarantee
Foxtrail Schweiz GmbH strives to ensure an optimal experience for all participants and teams. To this end, rules for team division, start intervals, rules of play, behaviour and the like are specified. Foxtrail Schweiz GmbH also makes every effort to maintain the equipment, routes, pass ability of the routes and the like. Nevertheless, there may be subjective impairments to the playing experience; among other things, but not exclusively, because the
- Foxtrails are laid out in the open air
- the installed items are publicly accessible
- participants have individual playing speeds
- Participants can take breaks
- Participants start early or late
Participants are not entitled to any warranty or compensation from Foxtrail Schweiz GmbH under points 7.1 to 7.5.
7.1 Availability and functionality of the posts
Due to the general conditions, it is possible, despite regular inspection and maintenance of the Foxtrail, that individual items may not be accessible or fully functionalfor a short period of time.
7.2 Correctness, accuracy and completeness of the game instructions
The idea of the Foxtrail game is to follow the trail of the leitmotif of the fox with the character name Fredy Fox. Fredy leaves clues, instructions and puzzles for the participants to follow his trail, the route of the Foxtrail. The fox as a character is cunning and playful. It is therefore possible that the words chosen in the game instructions may be understood by the participants as unclear, ambiguous, not easy to understand, sometimes cumbersome or even misleading. This serves to increase puzzling, brainteasers, discussions and teamwork and is an explicit part of the Foxtrail. In cases where the instructions and solution to a post or task cannot be understood or solved by the participants, help is available to the participants in the game app to solve the post game or resume the route to the next post.
7.3 Duration of the game
The Foxtrails have a predefined route and posts. This results in a target playing time per Foxtrail, which is specified by Foxtrail Schweiz GmbH as a guideline. It is based on the total distance of the Foxtrail, an assumed average running speed (3.8 km/h) and the time spent at each control to solve the control game. Due to the individual running speed and time required to solve the puzzles, participants may need 1-2 hours less than the target time to complete the Foxtrail.
7.4 Game experience through the behaviour of the teams
The Foxtrail experience consists of post games, team interaction, walking along the route and solving puzzles and tasks. In order to achieve this in the best possible way, the participants of a booking are divided into teams, which either start one after the other or at the same time ondifferent Foxtrails.
The solution to an item is the route to the next item. The solution to a post is the route to the next post. The game experience of the post can be reduced if a later team reaches the post and the previously started team has not yet finished the post or has not yet left the location of the post.
Due to the individual playing speed of each team, it can happen that one team is caught up by another, which can lead to a reduced playing experience.
7.5 Playing experience affected by weather conditions
The Foxtrail experience is significantly influenced by the local weather. It is therefore possible that participants may experience an inferior gaming experience if the weather is not considered ideal for outdoor activities or if the weather changes.
8. Conditions of participation for Foxtrail bookings
8.1 Participant requirements
Participants must be able to complete a hike on hiking trails and orient themselves in the terrain. An average level of orientation is required for this. No special local knowledge is required. A minimum age of 8 years is recommended. For school classes, a recommendation applies from the 5th grade. Participants under the age of 16 may only take part if accompanied by a supervisor who must be at least 16 years old. Therefore, at least one person in each team must be 16 years old at the start.
8.2 Rules of conduct for participants
Participants are obliged to comply with the netiquette and rules of conduct on the Foxtrails. These include at least
- The participants always read the instructions carefully and pay attention to every word.
- Participants behave considerately indoors and in buildings and in a manner appropriate to the location.
- Participants behave according to the norms in public spaces and are mindful of other people, road users, the environment and nature.
- Posts are left by the participant in an orderly manner so that the next team is not affected.
- Faster teams have right of way and are allowed to pass by the team that has caught up.
- If two teams meet at a control, the team with the later start time has priority.
- The participants start the Foxtrail at the booked start time punctually with the team check-in at the start location.
8.3 Minimum equipment for participants
At least one smartphone per team is required to use a Foxtrail (whereby any call and usage charges are to be borne by the participants) and leisure clothing and good footwear suitable for the weather.
9. Liability and insurance
Participants complete the Foxtrails at their own risk. Insurance is the responsibility of the individual participant. This also applies in particular to the barrier-free Foxtrails. To the extent permitted by law, Foxtrail Schweiz GmbH accepts no liability for direct or indirect personal injury or damage to property, even if they are attributable to the use of a Foxtrail and the individual posts. The exclusion of liability also applies in the event of unlawful intent and gross negligence on the part of auxiliary persons. Anything else shall only apply in the event of unlawful intent or gross negligence on the part of Foxtrail Schweiz GmbH itself. Foxtrail Schweiz GmbH is not liable for third-party services provided by partner companies.
10. Terms of delivery
Foxtrail Schweiz GmbH sends parcels exclusively to Switzerland and Liechtenstein. The parcels are always sent by post as economy shipments. The transportation risk is borne by the customer or recipient. The current Swiss Post delivery times apply to postal deliveries. Foxtrail Schweiz GmbH accepts no liability for compliance with Swiss Post delivery times.
11. Other general provisions
11.1 Website
All content on our website has been created with care and to the best of our knowledge. However, no guarantee can be given for the topicality, completeness and correctness of all pages.
11.2 Copyright
The copyrights and all other rights to the Foxtrails, starting documents, plans, images, texts and other materials of Foxtrail Schweiz GmbH remain in any case with Foxtrail Schweiz GmbH. Any kind of copying, duplication, passing on or publication of the Foxtrail idea, the start documents and/or other products by Foxtrail Schweiz GmbH, whether in electronic or non-electronic form, is forbidden and will be prosecuted under civil and/or criminal law.
11.3 Severability clause and completeness
Should a provision of the contract between Foxtrail Schweiz GmbH and its customers be or become invalid, this shall not affect the validity of the remainder of the contract. 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. This provision shall apply accordingly to any loopholes in the contract.
The order confirmation and these GTC, together with the explanations to the “Frequently Asked Questions” (FAQ) on the Foxtrail Schweiz GmbH website, constitute the entire legal agreement between Foxtrail Schweiz GmbH and thecustomer. There are no contractual side agreements.
11.4 Place of jurisdiction and applicable law
These GTCs, contracts concluded and their interpretation and enforceability and all legal issues between customers and Foxtrail Schweiz GmbH shall be governed by substantive Swiss law to the exclusion of Swiss law. (i) international conventions, including the United Nations Convention on Contracts for the International Sale of Goods of 11.04.1980 (CISG), and excluding (ii) the conflict of laws rules. The parties agree that the place of jurisdiction shall be the Swiss domicile of Foxtrail Schweiz GmbH, whereby Foxtrail Schweiz GmbH reserves the right to sue the customer alternatively at his domicile or place of residence.