Terms and Conditions
Explorial AG offers several unaccompanied parcours in various cities worldwide. Such a course is hereinafter referred to as an “Explorial Trail”.
These TC govern the contractual rights and obligations between Explorial AG and the participants of an Explorial Trail.
The offer is provided by Explorial.
The participants (hereinafter “participants” or “customers”) are smaller groups of two to eight people. If there are more than eight people per booking, the participants are divided into teams of two to eight people (hereinafter “groups”).
2. Conclusion of contract
Explorial offers the services online on its website or in the Explorial app. Tickets can also be purchased at points of sale that cooperate with Explorial.
By clicking on the “Submit Order” button, the self-booker submits a binding offer to purchase one or more Explorial tickets. The contract with the self-booker is concluded when Explorial sends a reservation confirmation and the starting documents by e-mail.
2.3 Acceptance of the terms of the contract
By booking an Explorial game, all participants unconditionally accept the prices shown online as well as these TC of the provider.
2.4.1 Purchase at points of sale
When purchasing the ticket at points of sale, the respective partner company of Explorial as the operator of the point of sale determines the permissible methods of payment.
2.4.2 Online orders
When ordering online, payment is made either by debiting the credit card (MasterCard, Visa, American Express) indicated during the ordering process or via PayPal.
3. Contract amendments
Purchased tickets that have not yet been redeemed can be returned within 30 days.
3.2 Booking adjustment
The number of participants can be increased free of charge per group to a maximum of eight participants or decreased to a minimum of two participants. The change is made by contacting Explorial. If a ticket is purchased for a certain group size, but not all players participate in the game, the ticket is considered redeemed.
4. Explorial app
The Explorial app is required to play an Explorial trail. The app can be downloaded for free from the Google Play Store and the iTunes App Store.
4.2 Use and access
Explorial assumes no liability for disruptions within the network used to use the Explorial app for which it is not responsible.
Insofar as the Explorial app provides the possibility of forwarding to websites, databases, online services, etc. of third parties (e.g. by setting links or hyperlinks), Explorial is not liable for the accessibility, existence or security of these offers or for the content thereof. In particular, Explorial is not liable for the legality, accuracy, completeness, timeliness, etc. of the data.
The Explorial app is secured according to the state of the art (e.g., through encryption). However, the user is aware that there is a risk for all participants that third parties may intercept the data in the event of transmission or otherwise illegally gain access to this data. The confidentiality of the data transmitted in the context of the use of the Explorial app can therefore not be fully guaranteed.
Explorial games are set up in the open air and the items searched for are open to the public.
Due to these general conditions it is possible, despite regular inspection and maintenance of each trail, that individual posts are not or not completely accessible for a short period of time. In this case, the participants have no claim for warranty against Explorial.
6. Conditions of participation
6.1 Participants requirements
Participants must be able to hike on trails and orient themselves in the terrain. Average orientation skills are required for this. Special local and regional knowledge is not required.
A minimum age of 10 years is recommended.
Children may only participate if accompanied by their parents or a guardian, who must be at least 16 years old. There must be at least one person in each team with a minimum age of 16.
6.2 Minimum equipment of the participants
The following minimum equipment is required to use an Explorial game:
– A cell phone ready to receive and transmit with an active Internet connection per player. Call and usage charges are the responsibility of the participants.
– For completing the Explorial game, casual clothing appropriate for the weather and good footwear.
7. Liability and insurance
Participants complete the Explorial games at their own risk. Insurance is the responsibility of the individual participants. Explorial assumes no liability for direct and indirect personal injury or property damage, even if caused to the player of an Explorial game.
The exclusion of liability also applies in case of unlawful intent and gross negligence of auxiliary persons. Something else only applies in the case of unlawful intent or gross negligence on the part of the provider itself.
Explorial is not liable for the third party services of the partner companies.
When booking an Explorial trail, data is collected, stored and processed in accordance with legal requirements.
When visiting the Explorial website, the IP address currently used by the phone, tablet, computer or similar device, the date and time, the browser type and operating system of the computer and the pages viewed are logged. However, it is not possible or intended to draw conclusions about personal data. Insofar as legal retention periods are to be observed, the duration of the storage of certain data can be up to ten years.
Personal data provided, for example, when placing an order or by e-mail (e.g. name and contact details) are only processed for correspondence with the customer and only for the purpose for which the data were provided. Personal data will only be disclosed to third parties to the extent necessary for the fulfillment of the business purpose. Data may also be passed on if there is a legal obligation to do so or if the customer has expressly consented to this.
Personal data, such as photos taken while playing an Explorial Trail, are deleted after 30 days.
Insofar as third party services are used for the implementation and handling of processing procedures, the provisions of the Data Protection Act will be complied with. The customer agrees that the data of all participants will be passed on to the participating partner companies for queries and emergencies.
With the booking, the customer gives his consent that the provider can send him its electronic newsletter via e-mail (“opt-in”). This newsletter can be cancelled at any time and free of charge with a mouse click via a corresponding web link in each e-mail sent (“unsubscribe link”).
10. Explorial Passport
The Explorial Passport grants the holder access to unlimited trails via the Explorial app for the duration specified at the time of purchase, whether it be 1 year, 3 years, or a lifetime. The Passport is valid for the buyer and up to 4 additional people, with the provision that the buyer must be present during each use.
10.2 Access and Usage
Upon purchasing the Explorial Passport, the buyer will gain access to a special Explorial Passport tool. This tool allows the buyer to generate game codes for any trail available. These codes can be used immediately and as many times as desired within the validity period of the Passport.
10.3 Tracking and Fair Use
The usage of the Explorial Passport is tracked to ensure fair use. Misuse includes, but is not limited to, sharing generated game codes with individuals outside of the specified limit, generating excessive game codes beyond reasonable personal use, or any other actions that violate the spirit and intention of the Explorial Passport’s unlimited access.
10.4 Suspension for Misuse
If misuse of the Explorial Passport is detected, Explorial reserves the right to suspend or terminate the Passport holder’s access without prior notice. Suspended users may be prohibited from purchasing future Explorial products or services. Decisions regarding misuse and subsequent actions are at the sole discretion of Explorial.
The Explorial Passport is non-transferable. The buyer must be present during each use, and the additional players do not have to be the same each time. However, sharing or selling the Passport or its benefits to others is strictly prohibited.
10.6 Refunds and Cancellations
All sales of the Explorial Passport are final. Refunds or cancellations will not be provided once the purchase has been made, except in circumstances where Explorial is unable to provide the promised services.
10.7 Changes to Terms
Explorial reserves the right to modify these terms at any time. Any changes will be communicated to Passport holders, and continued use of the Passport after such changes will constitute acceptance of the new terms.