General Terms and Conditions (GTC)
of Foxtrail Switzerland GmbH
1. Scope of application
For the business relationship between Foxtrail Schweiz GmbH and our customers who make an online booking, order goods or vouchers independently, the following General Terms and Conditions apply exclusively in the version valid at the time of the order, booking or order confirmation. The original GTCs in German apply exclusively. This informal translation is for explanatory purposes only and is legally superseded by the GTCs in German. Foxtrail Schweiz GmbH does not recognize any deviating general terms and conditions of the customer unless Foxtrail Schweiz GmbH has expressly agreed to their validity in writing.
2. Subject matter of the contract
2.1 Fan merchandise and vouchers
Foxtrail Schweiz GmbH sells the goods specified in the online store (www.foxtrail.ch) or in other written or digital offers to customers under the following terms and conditions of delivery and sale.
2.2 Foxtrail experience
2.2.1 Foxtrail
Together with various partners, Foxtrail Schweiz GmbH offers unaccompanied trails (hereinafter referred to as “Foxtrails”) with various individual services. 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, the participants can find further information on the solution and also the position of the next item in the game documents.
Foxtrails mostly lead across public space and land. If the route involves the use of private land, Foxtrail Schweiz GmbH has the appropriate permits for the participants to walk the route.
2.2.2 Foxtrail tickets
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 the Foxtrail and the age of the participants. The sale always takes place in connection with the booking of one or more start times on one or more Foxtrails.
2.2.3 Foxtrail bookings
The booking of a Foxtrail experience (hereinafter “Foxtrail booking”) is made by the customer and 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 any additional services. The availability of start times and Foxtrails as well as additional services are published online by Foxtrail Schweiz GmbH.
3 Contractual partners and conclusion of contract
The customer enters into a contract with the company Foxtrail Schweiz GmbH, based in Lucerne.
3.1 Fan merchandise and vouchers
In the case of purchases of fan merchandise or vouchers, the contractual partner is the customer who places the order online.
The contract between the customer and Foxtrail Schweiz GmbH only comes into effect upon the customer’s application and the subsequent acceptance of the application by Foxtrail Schweiz GmbH. The customer’s application is made via the online store www.foxtrail.ch. Foxtrail Schweiz GmbH accepts the order by providing the customer with (a) sends an order confirmation or (b) delivers the ordered goods (incl. invoice/delivery bill). Should it turn out after conclusion of the contract that the ordered goods cannot be delivered, either in part or in full, for reasons for which Foxtrail Schweiz GmbH is not responsible, Foxtrail Schweiz GmbH shall be entitled to withdraw from the contract in full or in part and to refund any payments.
3.2 Foxtrail bookings
In the case of Foxtrail bookings, the contractual partner is the customer who independently makes a Foxtrail booking online in the online store www.foxtrail.ch. By clicking on the “Order for a fee” button, the customer submits a binding offer for the Foxtrail booking that they have configured themselves online. The contract with the customer is concluded when Foxtrail Schweiz GmbH has sent the link to view and download the order confirmation or booking confirmation by e-mail.
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.
3.3 Acceptance of the contractual conditions of the Foxtrail booking
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 recognition, the customer shall take their place as organizer.
4. Product, service and price information
4.1 Fan merchandise and Foxtrail ticket vouchers
All information on the products is non-binding. In particular, deviations in color, availability, errors in description, illustration and pricing are reserved. All technical information on the individual products is based on the manufacturer’s specifications. Foxtrail Schweiz GmbH cannot be held responsible for this.
The sales prices quoted are in Swiss francs (CHF), including statutory value added tax. The shipping costs (postage and packaging) will be charged separately. Errors and price changes are subject to correction.
The receipt of an order via the Foxtrail webshop will be confirmed by us electronically. However, an order only becomes final after it has been accepted by Foxtrail Schweiz GmbH. We reserve the right to refuse any order placed by a customer. By placing an order, the customer accepts these GTC in full and without restriction.
4.2 Foxtrail bookings
4.2.1 Own services
With the Foxtrails, Foxtrail Schweiz GmbH offers various individual services such as post games, entrance fees, material fees, transportation and the like. The Foxtrails are continuously adapted to market requirements and are subject to external influences such as construction sites, temporary impassability, changes to partner companies, etc., which is why there is no guarantee of continuity of the individual services. Foxtrail Schweiz GmbH reserves the right to adapt the offer on the website at short notice.
The service catalog 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, the assumption of the specified and game-related costs that are mandatory for completing a post or reaching 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.
4.2.2 Third-party services
The third-party services included in a Foxtrail are provided by partner companies. The respective service providers are solely responsible for the availability, quality and security of these third-party services.
5. Payment
5.1 Fan articles and Foxtrail ticket vouchers
Goods such as merchandise and Foxtrail ticket vouchers can only be paid for online. At the end of the order process, the customer is directed to the platform of our payment service provider Saferpay. All major credit cards, Postfinance and TWINT are accepted. In the event of temporary outages of technical payment systems, there is no entitlement to payment by credit card, Postfinance or TWINT. The goods remain the property of Foxtrail Schweiz GmbH until payment has been made in full.
5.2 Foxtrail bookings
Self-bookers pay for the Foxtrail booking jointly and severally for all participants online by selecting one of the payment methods offered. At the end of the ordering process, the self-booker is directed to the platform of our payment service provider Saferpay. All major credit cards, Postfinance and TWINT are accepted. In the event of temporary outages of technical payment systems, there is no entitlement to payment by credit card, Postfinance or TWINT.
Foxtrail ticket product vouchers from Foxtrail Schweiz GmbH can be offset against the Foxtrail ticket value directly in the shopping cart. Any remaining credit is retained and can be redeemed with the same voucher code for the next Foxtrail booking.
6. Foxtrail vouchers
6.1 Foxtrail ticket vouchers
Foxtrail ticket vouchers are valid for 5 years from the date of purchase, provided they have been purchased and paid for in the online store www.foxtrail.ch. They can be redeemed cumulatively on one booking. Foxtrail-Ticket vouchers from Foxtrail Schweiz GmbH are product vouchers and cannot be offset against orders for goods or additional services, as they are only applicable to the Foxtrail-Ticket product.
6.2 Foxtrail rebooking voucher
Foxtrail rebooking vouchers are issued if a booking is postponed in accordance with 7.5. These rebooking vouchers are valid for a Foxtrail event for 12 months from the date of rebooking. These vouchers are sent to the customer as a text code by email and can only be redeemed by the customer using the email address originally used.
7. Contract changes Foxtrail bookings
7.1 Withdrawal from the purchase contract (cancellation)
The purchase contract for the Foxtrail booking can be canceled independently online in the booking administration up to 7 days before the start date for a fee of CHF 25. Withdrawals from the purchase contract at short notice are excluded.
7.2 Changes to the number of participants and Foxtrail tickets
The number of participants in a booking can be changed independently online in the booking administration and is only bindingly accepted when the adjusted booking confirmation is sent by Foxtrail Schweiz GmbH.
The number of participants can be increased at any time up to 3 days after the start date up to a maximum of 24 people and must be paid for online.
A reduction of participants is possible free of charge up to 24 hours before the start date, whereby the minimum number of participants of 2 persons per booking cannot be undercut. After that we can no longer accept a reduction in the number of participants. If the resulting ticket amount is lower, the difference to the amount already paid is automatically credited to the payment method used to pay for the booking.
7.3 Changing the start time of the Foxtrail (with start on the same day as booked)
The start times of a booking can be changed independently online free of charge in the booking management for the same day, provided that a start time is available on the same day and a team has not yet checked in. The change is only binding once the amended booking confirmation has been sent.
7.4 Rebook start date
The start date of a booking can be changed independently online in the booking management system, provided that a start time is available on the new desired date. The new date must be within the next 12 months. The change is only binding once the amended booking confirmation has been sent.
The start date can be changed free of charge up to 24 hours before the start date. Thereafter, a rebooking fee of CHF 20 will be charged, which must be paid online.
7.5 Change booked Foxtrail
The Foxtrail(s) of a booking can be changed independently online in the booking management free of charge up to 2 hours before the start date, provided that a start time is available on the desired Foxtrail. Unfortunately, it is no longer possible to make changes after this. The customer guarantees that the new start documents can be printed out by the start date.
If a Foxtrail in a different price category to the one booked is selected, the change will result in a price correction. If the resulting ticket amount is lower, the difference to the amount already paid is automatically credited to the payment method used to pay for the booking. If the resulting ticket amount is higher, the difference will be paid online by the customer.
The change is only binding once the amended booking confirmation has been sent.
7.6 Changes at check-in
To start the Foxtrail, each team must check in at the start location of the Foxtrail. The team appoints 1 person, the team leader, with a smartphone and scans the QR code on the game documents. The team leader 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 participants aged 16 and over.
The information must be filled in correctly. The customer and team leader are liable for the accuracy of the information.
If more participants are registered in the teams belonging to the booking at check-in than the total number stated at the time of booking, the customer is obliged to pay the additional Foxtrail tickets.
Foxtrail Schweiz GmbH will charge the additional tickets to the means of payment specified at the time of booking. If the debit is not successful, the customer will receive a payment link by email for subsequent payment.
7.7 No-Shows
No-shows, i.e. participants and customers who do not carry out a check-in for any of their teams on the start day and have not made a rebooking by the end of the day, will be charged 100% of the booking amount.
In these cases, there is no entitlement to a refund, rebooking or other compensation.
8. Foxtrail booking gaming experience and warranty
Foxtrail Schweiz GmbH strives to provide an optimal experience for all participants and teams. Rules for team division, starting intervals, rules of play, behavior and the like are specified. Foxtrail Schweiz GmbH also undertakes efforts with regard to the maintenance of the play equipment, maintenance of the routes, passability of the routes and the like. Nevertheless, there may be subjective impairments to the gaming experience, among other things 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
The participants and customers have no claim to warranty or compensation from Foxtrail Schweiz GmbH in points 8.1 to 8.5.
8.1 Availability and functionality of the items
Due to these general conditions, it is possible, despite regular inspection and maintenance of the Foxtrail, that individual items may not be accessible or fully functional for a short period of time.
8.2 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 riddles for the participants (his pursuers) 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 to be able to resume the route to the next post.
8.3 Playing time
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.
8.4 Game experience through the behavior 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 start at the same time but then play different Foxtrails.
The solution to an item is the route to the next item. 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. For this purpose, the start interval is predefined and is at least 15 minutes.
Foxtrail Schweiz GmbH grants the start of the Foxtrail up to 14 minutes before and after the booked start time, provided that no leading or trailing team on the Foxtrail is affected. However, it can happen that teams do not adhere to the booked times and thus impair the playing experience of other teams.
Due to the individual playing speed of each team, it can also happen that one team is caught up by another, which can lead to a reduced playing experience.
The division of the participants of a booking into teams is created by the customer in the booking process using the following rules:
- 2-5 participants mandatory 1 team
- 6-8 participants optionally 1 or 2 teams
- 9-11 participants mandatory 2 teams
- 12-16 optionally 2 or 3 teams
- from 17 participants mandatory 3 teams
It can therefore happen that self-bookers have to divide up their team in a way that does not correspond to their original expectations.
8.5 Gaming experience impaired by weather influences
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.
9. Conditions of participation Foxtrail bookings
9.1 Requirements of the participants
Participants must be able to 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 by the start date.
9.2 Rules of conduct for participants
Participants are obliged to comply with the netiquette and rules of conduct on the Foxtrails:
- The participants always read the instructions carefully and pay attention to every word.
- Participants must always behave considerately and prudently indoors and in accordance with 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 the right of way and are let past 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.
9.3 Minimum equipment of the participants
The following equipment is needed to be able to use a Foxtrail:
- At least one smartphone per team with camera, web browser, charged battery or mobile power supply, active internet connection and available data volume, whereby any call and usage charges are borne by the participants.
- For completing the Foxtrails, wear casual clothing suitable for the weather and good footwear.
Only those Foxtrails specifically marked on the website as barrier-free are suitable for participants with prams/pushchairs and/or wheelchairs.
10 Liability and insurance
Participants complete the Foxtrails at their own risk. It is up to each individual participant to take out insurance. This also applies particularly 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 items.
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.
11. Terms of delivery
Foxtrail Schweiz GmbH ships goods and parcels exclusively to Switzerland and Liechtenstein. Orders are normally processed within one to two working days. If not all products in an order are available at the time of delivery, we reserve the right to make partial deliveries or longer processing times.
A shipping fee is charged for each delivery, which is made up of postage and packaging costs. The shipping costs will be adjusted to the current Swiss Post postage rates.
The goods are always sent by post as an economy shipment. Other shipping methods are available for an additional charge. Heavy, voluminous or bulky deliveries of goods are delivered within Switzerland by a transport company commissioned by us. The transportation costs and the transportation risk shall be borne by the customer/recipient.
The current Swiss Post delivery times apply to postal deliveries. Foxtrail Schweiz GmbH accepts no liability for compliance with Swiss Post delivery times. The current shipping costs are displayed during the ordering process.
12. Right to return goods
The customer has the right to return or exchange the goods within 10 days of receipt. The items must be returned in unused condition, undamaged, in working order, complete and in perfect original packaging (free of labeling and unglued). After checking the returned goods, a corrected replacement invoice will be sent to the customer. For goods that have already been paid for and returned, the purchase price will normally be refunded. In consultation with the customer, the amount can also be credited to the debtor account and offset against the next delivery.
Foxtrail tickets, food, yard goods, custom-made products and special orders on behalf of the customer are excluded from the right of return. The costs for the return shipment shall be borne by the customer.
Returns from abroad can only be accepted in the event of incorrect delivery or defective goods.
13 Other provisions
13.1 Website
All contents on our website have been compiled with care and to the best of our knowledge. We assume no liability for pages being updated, complete and correct.
13.2 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.
13.3 Severability clause and completeness
Should any provision of the agreement between Foxtrail Schweiz GmbH 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 reservation/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 the customer. There are no contractual side agreements.
13.4 Changes to the GTC
Foxtrail Schweiz GmbH 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.
13.5 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.