Terms & Conditions
Please read and understand the following terms and conditions as they are binding for all bookings. By booking a room you are agreeing to the following terms and conditions
- Interpretation: For the purposes of these Terms, “Xcape” 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 Xcape and “you” shall mean the Customer purchasing the Services from Xcape.
Cancellation: You may cancel all or part of the booking at least 48 hours prior to commencement of the game. Cancellations must be made by phoning or email us.
Refusal of Services: Xcape has the right to refuse entry to any person or remove any person from the premise or suspend the provision of the Services at any time for any reason. No person may be present on Xcape’s premises at any time who is under the influence of drugs and/or alcohol. No refund will be given should Xcape determine in its sole discretion that you show signs of intoxication.
- 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 must be accompanied by a parent or caregiver. For the purposes of this clause, a child refers to a person under the age of 14 years.
- Liability: Except where statute expressly requires otherwise, Xcape 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 Xcape may be liable notwithstanding this clause, to the extent permitted by law the total liability of Xcape, 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 Xcape’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.
- Indemnity: You fully indemnify Xcape against all claims, liabilities, costs, damages, fees and expenses (including reasonable legal costs) suffered or incurred at any time by Xcape 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 Xcape 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.
- Compensation for property damage: For the avoidance of doubt, in the event that Xcape 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, Xcape 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.
- Health and Safety: Xcape 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).
- Miscellaneous: Xcape 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 Xcape to enforce any of the Terms shall not be deemed to be a waiver of any of the rights or obligations Xcape 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.
- You undertake to complete the Escape Room Game in accordance to the instruction and rules specified by Xcape, employees or agents. Failing which, Xcape including the employees or agents shall have the right and power to decline or refuse your entry to the Site.
- Dispute: You and Xcape shall resolve any dispute first by good faith discussions between you and Xcape 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.
- 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.
- All personal items/belongings shall be kept by you at your sole risk. In any event, Xcape, including the employees or agents shall not be held liable or responsible for any loss of your personal items/belongings, either within the Site or outside of Site. The risk of loss for your personal items/belongings shall be borne by you upon entrance on the Site or engagement with Xcape