The following general terms and conditions (“Terms”) are applicable to the provision by Escape Artists Christchurch Limited (“EACL”) of Escape Room experiences which require participants to carry out a range of problem solving, logic and teamwork activities (“Services”).
1. Interpretation: For the purposes of these Terms, “EACL” includes its shareholders, officers, employees, agents, representatives, instructors, independent contractors, subcontractors, and all other persons in any way involved with their activities and their successors and assigns. References to “us”, “we” and/or “our” in these Terms shall mean EACL and “you” shall mean the Customer purchasing the Services from EACL.
2. Confirmation of Booking: You agree to provide accurate information to us at the time of booking. You shall further provide to EACL, free of cost, any further information which we may reasonably request in order for us to provide you with the Services. Although some of the information we request you to provide is optional, you must provide the contact information requested so that we may contact you to confirm your booking. If you fail to provide accurate information or information which we request in a timely manner and we are unable to contact you to confirm your booking, we may, in our sole discretion, immediately cancel your booking.
3. Cancellation: You may cancel all or part of the Services at least 48 hours prior to commencement of the Services by EACL. Cancellation must be made by you telephoning or emailing us via EACL’s website. If you have elected our “pay on arrival” option and you fail to notify us in accordance with these Terms of the cancellation of all or part of the Services which you have booked, we reserve the right to charge you the total price of the Services which you booked.
If you have paid for the Services online, you must give at least 48 hours notice of any cancellation of the Services and a refund of the amount paid by you less a transaction fee of 3% of the total price of the Services will be made to you. If you give less than 48 hours notice of cancellation of the Services, no refund will be made to you. Cancellation of the Services shall not prejudice or affect any accrued rights or claims and liabilities of you and EACL under these Terms.
Special Terms applying to Corporate Bookings for Christmas:
If you are a Company and you book Services to be provided during the period from 15th November to 7th January in any year (“Christmas Booking”), we will only confirm your Christmas Booking upon receipt from you of a deposit of 40% of the total price of the Services requested. Payment of the balance of the price of the Services for a Christmas Booking shall be made by you no later than one 1 month before commencement of such Services. If you cancel a Christmas Booking at any time earlier than one 1 month before commencement of the Services we will refund the deposit to you less any actual and reasonable costs and expenses incurred by us. If you give less than one 1 months’ notice of cancellation or alteration of a Christmas Booking, you shall not be entitled to any refund of the deposit and any refund of additional amounts paid by you shall only be made if we consider in our absolute and sole discretion that such refund is reasonable in the circumstances.
4. Pricing: The price of the Services shall be the price stated on EACL’s website at the time the booking is made by you subject to variation in accordance with this clause. EACL reserves the right, in its sole discretion, to vary its prices at any time. Should EACL’s prices increase at any time after your booking has been accepted, EACL shall be entitled upon written notice to you at any time prior to commencement of the Services to increase the price payable by you for the Services.
5. Payment: Except for Christmas Bookings which have special payment terms as set out in clause 3, you shall pay EACL the price for the Services at the times and in the manner set out from time to time on EACL’s website or agreed between you and EACL. If you elect not to enter correct payment details at the time of booking, your transaction will be declined and we will require payment to be made by you upon arrival. Should an invoice be sent to you by EACL, you shall pay the amount payable on the invoice within seven (7) days of the invoice being mailed to you. You may not deduct or withhold any amount (whether by way of a set-off, counterclaim or otherwise) from any money owing to EACL. Where the booking has been made by an agent (or a person purporting to act as agent) on your behalf, the agent and you shall be jointly and severally liable for payment of all amounts due to EACL under these Terms. All amounts payable by you shall be paid.
6. Interest and costs: Late payment of any amount due and payable by you to EACL shall constitute a default, and you shall pay default interest on overdue amounts from the date payment falls due to the date of payment at the rate of EACL’s overdraft rate plus 2% and any expenses, disbursements and legal costs incurred by EACL in the enforcement of any rights contained in these Terms shall be paid by you, including any reasonable solicitors’ fees or debt collection agency fees.
7. Refusal of Services: EACL has the right to refuse entry to any person or remove any person from the premises or suspend the provision of the Services at any time for any reason. No person may be present on EACL’s premises at any time who is under the influence of drugs and/or alcohol. You must not bring alcohol on to our premises and smoking on the premises is prohibited at all times. No refund will be given should EACL determine in its sole discretion that you show signs of intoxication.
8. Restrictions on media use: You consent for the purposes of the Privacy Act 1993 and any other relevant legislation to being recorded by CCTV while on EACL’s premises. Upon completion of the provision of the Services to you, EACL will delete the CCTV footage and will not use the recording in any way or pass it on to any third party unless it is required to do so by law. You are prohibited from using a cellphone, camera, video equipment or any other photographic, film or audio recording device on EACL’s premises. You shall delete any photographs or recordings taken by you in breach of these Terms immediately upon request by EACL and provide evidence to EACL that such deletion has occurred.
9. Client’s own reliance: Any information generally relating to EACL or the Services contained in the advertising, price lists, illustrations, reviews or other similar matter made available to you via our website, Facebook page or otherwise whilst supplied in good faith shall be regarded only as approximate, the accuracy of which you must test for itself.
10. Attendance of children: Adults are required to supervise the children under their care at all times. Parents and caregivers are ultimately responsible for their children’s actions. All children on the premises (whether or not they are using the Services) must be accompanied by a parent or caregiver. Any child found left on the premises without a parent or caregiver will be handed over to the appropriate authorities without exception. For the purposes of this clause, a child refers to a person under the age of 14 years.
11. Warranties: The Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon EACL which cannot by law (or which apply only to a limited extent to law) be excluded or modified. In respect of any such implied warranties, condition or terms imposed on EACL, EACL’s liability shall, where it is allowed, be excluded or if it is not able to be excluded only apply to the minimum extent required by the relevant statute.
12. Liability: Except where statute expressly requires otherwise, EACL is not liable in any event for any loss of profits, loss of goodwill or business opportunities, loss of customers or any consequential, indirect or special damage, loss or injury of any kind suffered by you or any other person arising directly or indirectly out of the provision of the Services. Insofar as EACL may be liable notwithstanding this clause, to the extent permitted by law the total liability of EACL, whether in contract, tort (including negligence) or otherwise for any loss, damage or injury arising directly or indirectly out of the provision of the Services or any other breach of EACL’s obligations is limited to the lesser of the value of the fees for the Services complained of or the actual loss or damage suffered by you.
13. Indemnity: You fully indemnify EACL against all claims, liabilities, costs, damages, fees and expenses (including reasonable legal costs) suffered or incurred at any time by EACL arising as a direct or indirect result of any act, omission or default on your part or from any breach or alleged breach of these Terms by you or relating to an action or claim brought by a third party against EACL which relates directly or indirectly to your use of the Services. The parties agree that this indemnity shall in no way apply to any liability to pay a fine or an infringement fee imposed under the Health and Safety at Work Act 2015.
14. Compensation for property damage: For the avoidance of doubt, in the event that EACL suffers or incurs any damage to its property arising as a direct or indirect result of any act, or omission or default on your part, EACL shall be entitled to invoice you for the estimated reasonable cost of repairing the damage caused by you and you shall pay the amount payable on the invoice within five (5) days of the invoice being issued.
15. Collection and Use of Information: Personal information about visitors to our website and our Facebook page is collected only when knowingly and voluntarily submitted. You authorise EACL to collect, retain and use any information about you (including but not limited to your name, IP address, contact information and billing or purchase details) and to disclose any such information to any person for the purpose for which it is submitted or for a related secondary purpose. For example, we may need to collect, retain and use your personal information to authenticate your booking, charge you for the Services, assess your creditworthiness, provide you with further services, forward any request or enquiries or enforce any rights under these Terms. Unless you otherwise request, you agree that EACL may also use the contact information you submit to administer a contest, promotion, survey or other website feature. Where you are a natural person, the authorities under this clause are authorities or consents for the purposes of the Privacy Act 1993.
16. Security and Disclosure of Information: We will endeavour to take all reasonable steps to keep secure any information which we hold about you. In particular, we store your information in a secure cloud based account and only allow certain EACL employees to view it. We also disclose your information to Braintree in order that they may authorise payment by you for the Services. In addition to where you have consented or disclosure is necessary to achieve the purposes for which the information was submitted, we may disclose your personal information in circumstances where we believe on reasonable grounds that doing so is required by law or is necessary to identify, contact or bring legal action against anyone damaging, injuring or interfering (intentionally or unintentionally) with our rights or property or the rights or property of a third party. Notwithstanding the above, transmission of data over the internet is not totally secure and EACL will not be held responsible for events arising from unauthorised access to your personal information.
17. Access to Information: If, at any time, you would like a copy of your information or you discover that any personal information we hold about you is incorrect, you may contact us by telephoning or emailing us via EACL’s website.
18. Health and Safety: EACL has not and will not assume any obligation arising out of the provision of the Services which otherwise would or may be imposed upon you from time to time pursuant to the Heath and Safety at Work Act 2015 or any substitute statute (including any regulations, orders, notices, approved codes of practice and safe work instruments made, issued or approved under the relevant statute).
19. Dispute: You and EACL shall resolve any dispute first by good faith discussions between you and EACL management. If the dispute is not resolved within 10 working days of the commencement of discussions then the parties shall seek to settle the dispute by mediation.
20. Governing Law: These Terms shall be governed by and construed in accordance with the laws of New Zealand and the New Zealand courts have exclusive jurisdiction in respect of them.
21. Miscellaneous: EACL shall not be liable for delay or failure to perform the Services if the cause of the delay or failure is beyond its control. Failure by EACL to enforce any of the Terms shall not be deemed to be a waiver of any of the rights or obligations EACL has under these Terms. If any provision of these Terms shall be invalid, void, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining Terms shall not be affected, prejudiced or impaired. No other terms, conditions or deviations from these Terms shall be binding unless recorded in writing and agreed by the parties.
22. Personal Guarantee of Company Directors or Trustees: If you are a Company or a Trust, the directors or trustees of that Company or Trust (as applicable), in consideration for EACL agreeing to supply the Services at their request, also agree to these Terms in their personal capacity jointly and severally and undertake as principal debtors to EACL the payment of any and all monies owed by you to EACL against non payment by you. Any personal liability shall not exclude you in any way whatsoever from the liabilities and obligations contained in the Terms.
Voucher Terms and Conditions
Bookings are essential when using voucher. Please call 0800 TO ESCAPE to book and mention voucher number when booking.
This voucher cannot be redeemed for cash and is valid until the expiry date indicated. This voucher cannot be exchanged, extended or replaced.