Terms of Service
Last updated: August 14, 2019
- adventurent is a brand of Panik Room Games GmbH with its registered office in Zurich (hereinafter referred to as "adventurent"). adventurent provides services for users under the website https://www.adventurent.ch/, https://www.adventu.rent/ oder https://www.adventurent.org/ (hereinafter referred to as "adventurent Website"). Users have the option of concluding rental agreements via the adventurent Website. adventurent itself is not a party to these rental agreements.
- All legal relationships between adventurent and the user of the adventurent website (hereinafter referred to as "user") regarding the services of adventurent are governed exclusively by these General Terms and Conditions (hereinafter referred to as "GTC").
Initiation of contractual relationship with adventurent
The contractual relationship between adventurent and the user (hereinafter referred to as the "contractual relationship") shall come into existence upon receipt of the adventurent registration confirmation by email to the email address provided by the user. The user has no claim to the initiation of a contractual relationship.
All information provided by adventurent outside of the contractual relationship, namely on the adventurent website, is non-binding, subject to confirmation and is to be understood as a mere invitation to submit an offer, unless adventurent explicitly stipulates otherwise.
- The user must register before using the services of the adventurent Website in full. Registration is managed through the adventurentent Website, which is an integral part of these General Terms and Conditions.
- Fees to be paid, if any, as well as the due date of aforementioned fees shall result from the adventurent Website, which in this respect shall be an integral part of these GTC.
- Registration is only permitted for natural persons and legal entities. The registration of a legal entity may only be carried out by a signature authorised representative, who must be explicitly named.
- When registering, only individual persons are allowed to be named as holders of the user account (i.e. no married couples or families). Incompliant accounts will be deleted.
- The User warrants that all data provided by him during registration is true and complete. The user may not use pseudonyms or artist names.
- Incase of any changes to the user data, the user is obliged to notify adventurent immediately. This is done via the adventurent website.
- The user is required to choose a password when registering. Users are obliged to keep their passwords secret and to adequately protect their devices used to access the adventurent Website from spyware and malware. Further, users are required to immediately report to adventurent any suspicion of password disclosure.
- The user may only register once. He agrees that all activities carried out with the users access data on the adventurent website will be attributed to him/her as if they were his/her own.
- Should the users access data be misused/used by third parties, the user shall be liable as for these actions. All emails or other messages originating from his email address or account shall be deemed to be his/her own.
- With the adventurent website, adventurent provides a platform on which users can communicate with each other and conclude rental agreements. adventurent does not offer any rental items of its own, but merely mediates the conclusion of contracts between users.
- adventurent's services are described on the adventurent website. These descriptions are an integral part of these General Terms and Conditions.
- The user hereby grants adventurent a free, irrevocable, factually, locally and temporally unlimited and sub-licensable right of use to the content posted by the user on the adventurent website. Excluded from this are pictures of the user's person. adventurent may use the contents (with the exception of images that include the user's person) - even in modified form - for marketing or promotional purposes. The right of use shall continue to exist for an indefinite period after termination of the contractual relationship.
- Any use by the user of the services and content listed on the adventurent website requires the prior written consent of adventurent, provided that the service is not intended by the contractual relationship between adventurent and the user.
- adventurent is entitled to change or discontinue the services described at any time, subject to the provisions of Provision 13 below.
- The user is solely responsible for all content that he or she posts on the adventurent website. When using the adventurent Website and in all other acts or omissions connected to the adventurent website (in particular with regard to the rental agreements which the user concludes with other users), the user is obligated to:
- comply with all applicable laws, in particular public law regulations (e.g. regarding tax obligations);
- comply with the provisions of the contractual relationship between adventurent and the user;
- observe the rights of third parties and in particular to ensure they do not infringe any copyrights or other intellectual property rights of third parties;
- not make any references to third-party content;
- describe the rental property offered by him correctly and completely, whereby the user must, at least, provide information in the mandatory fields specified by adventurent;
- keep the rental items offered by the user, as well as further information which he posts on the adventurent website up-to-date at all times;
- carry out any actions that are likely to impair adventurent's interests or damage adventurent's reputation;
- refrain from any harassing actions such as sending chain letters or disseminating immoral content;
- refrain from using the adventurent Website for commercial purposes;
- use addresses, contact data and email addresses, which the user has obtained through the use of the adventurent Website solely for purposes which are covered by the contractual relationship.
- The user himself is responsible for archiving, on a storage medium independent of adventurent, which he requires for purposes of securing evidence, bookkeeping or other purposes.
- The user may not provide other users with any email addresses or other address data via the adventurent website. Any address data will be made available to the users solely by adventurent.
- The user may conclude rental agreements with other users of the adventurent Website for movable property (hereinafter referred to as "rental items").
- adventurent is not involved in the rental agreements concluded between different users (hereinafter referred to as "rental agreement"). It merely provides the adventurent Website and operates it as a mediator between the two parties.
- adventurent may reject rental items at any time and without justification as well as delete corresponding entries at any time.
- The rights and obligations arising from the rental agreements arise exclusively between the users. Users shall be solely responsible for fulfilling their obligations under the rental agreements. adventurent takes on no responsibility or liability in this context.
- By placing the rental item on the adventurent website, the provider (hereinafter referred to as the "lessor") creates an entry for their item, which allows users to submit an offer. Another user (hereinafter referred to as "lessee") may accordingly submit an offer which is the first step to initiate a rental agreement between the two parties. The rental agreement is initiated when the lessor accepts the offer in accordance with the provisions on the adventurent Website. Details are regulated on the adventurentent Website, which in this respect form an integral part of these GTC
- The users are obliged to adhere to the following provisions for rental agreements and acknowledge these as part of the contracts concluded between them. However, they may also conclude contracts that take precedence over the following provisions, unless explicitly provided otherwise in these GTC.
- The following provisions are mandatory for rental contracts between the lessor and the lessee and may not be otherwise agreed:
- The lessor may only rent out rental properties posted on the adventurent website. The corresponding information on the adventurent Website is an integral part of these GTC
- The lessee shall pay adventurent the rent and the processing fee in accordance with the information on the adventurent Website prior to the provision of the rental property. If adventurent does not receive the rent and the processing fee in due time, the corresponding rental agreement shall be invalid and the rental property may not be handed over to the lessee by the lessor.
- The minimum rental period is one day. The duration of the rental agreement may only be changed via the adventurent website. The lessor and the lessee may not extend the duration of a rental contract outside the adventurent Website.
- The rental agreement is concluded for a fixed period of time. There are no “standardized” termination options once the rental period has commenced.
- The rental agreement may be cancelled in accordance with the provisions of the adventurent Website. The adventurent Website also regulates the consequences of such a cancellation. The corresponding provisions of the adventurenturt Website are integral parts of these GTC.
- The lessee may not sub-rent the rented object.
- In particular, the following contractual points may be agreed by the Lessor and the Lessee differently from those listed below or on the adventurentent Website, insofar as this is permissible on the basis of the local applicable law:
- The lessee must collect the rented item from the lessor. When and how the rental item is to be handed over to the lessee is stated on the adventurent website, which in this respect is an integral part of these GTC.
- When handing over the rental property, the lessee must check it and immediately notify the lessor of any defects. If there are no notifications of defects at the time the rental item is handed over, the rental item shall be deemed to have been received in perfect condition.
- If the lessor does not hand over the rental property at the agreed time or with defects, which exclude or considerably impair its suitability for the intended use, the lessee is not required to accept the rental property and may withdraw from the rental contract. In this case, neither the rent nor a processing fee shall be payable, and adventurent shall transfer the corresponding amounts to the entitled persons in accordance with the details on the adventurent website. All further claims of the lessee against the lessor, in particular claims for damages or substitute performance, are excluded.
- The lessee must handle the rental item with care and only use it in a manner suitable to the rental item.
- The lessor and the lessee may agree on a deposit for the provision of the rental item. The relevant conditions (in particular the amount, payment and repayment of the deposit) are the subject of the rental agreement in this case. adventurent is neither responsible for the administration of deposits nor for any claims asserted by the lessor.
- The lessee must return the rented object to the lessor within the agreed upon timeframe. When and how the rental property is to be returned to the lessor is stated on the adventurent website, which is an integral part of these GTC.
- The lessee must return the rented item in the identical condition in which it was handed over. However, the lessee is not liable to the lessor for normal wear and tear.
- It is the responsibility of the lessee to ensure that he/she is has a liability insurance to cover any potential damages caused to the rental item. If the lessee has not taken out a liability insurance prior to the handing over of the rented object, the lessee is fully liable to the lessor for any damages to the rented item that exceed normal wear and tear.
- When returning the rented property, the lessor must check the condition of the rented item. Defects for which the lessee is responsible must be reported to the lessee immediately upon return of the rental item. If the lessor fails to do so, the lessor loses his/her claims to compensation, insofar as the defects cannot be considered non-identifiable during normal inspection. If the lessor discovers such hidden defects later, he must report them to the lessee within three days, otherwise he/she loses his claims in this respect against the lessee.
- Further regulations can be found on the adventurent website, which in this respect are an integral part of these GTC.
- The provisions of the Swiss Code of Obligations apply.
- adventurent does not guarantee or warrant that the users of the adventurent Website will fulfil or are in a position to fulfil the contractual obligations owed to each other and that the information provided by them, including their identity, is correct and complete. This is a risk accepted by the user by accepting these GTC.
- The lessor and the lessee must settle any cases of defects, delays or other service disruptions that occur with each other. For such purposes, adventurent will provide the respective contact data of the lessor and the lessee to both parties of the rental agreement.
- In the event of disputes between the lessor and the lessee, they are obliged to take all reasonable steps to reach an amicable agreement. They can inform adventurent about the dispute, but adventurent is not obliged to settle the dispute or to act in any other way.
- Should adventurent become involved in a legal dispute (including pre-litigation) in connection with a rental agreement, the lessor and the lessee shall be jointly liable to adventurent for the full costs incurred by adventurent in this regard.
Payment and Invoicing
- The rental agreement is always concluded for the total amount listed on the adventurent website. This provision may not be amended by the parties to the rental agreement. The total amount is made up of the rent and the processing fee.
- The total amount to be paid as well as the payment options and payment modalities are regulated on the Adventure Website. The corresponding provisions of the adventurentent Website are therefore integral parts of these GTC.
- The total amount is always inclusive of value-added tax, unless otherwise specified on the adventurent Website.
- The user is obliged to ensure that the credit card and other means of payment with which he makes any payments in accordance with these GTC are valid and have the necessary cover.
- The lessee shall pay the total amount to adventurent in the manner shown on the adventurent website. adventurent administers the rent paid by the lessee in the name of the lessor and keeps it for the lessor in a non-interest-bearing account.
- adventurent shall be fully indemnified by the lessee for all costs incurred by adventurent incase the lessee fails to pay the total amount owed on time. adventurent is entitled to the processing fee for the provision of its services in accordance with the contractual relationship.
- adventurent shall transfer the rent administered by adventurent for the Lessor within 10 days of the return of the corresponding rental object unless the Lessee objects to adventurent in writing (including email) within 24 hours of the non-acceptance or return of the rental object.
- If an objection as mentioned above is raised in due time and form, adventurent is entitled to continue to hold the disputed rent in trust until the lessee’s consent to transfer the rent has been obtained, adventurent has been given a legally binding decision by the competent authorities or adventurent in good faith, comes to the conclusion that the tenant's request was not justified.
- All possible claims for damages by the lessee against adventurent based on the fact that adventurent was not entitled to transfer the rent to the lessor despite objection by the lessee are excluded.
- No interest shall be charged on the rent even during the duration of the delay in payment of the rent to the Lessor or the Lessee.
- The user is prohibited from circumventing the aforementioned provisions of this Provision 6, in particular the processing fees.
- Each user may rate other users, with whom they have entered a prior contractual relationship regarding a rental item on the adventurent Website.
- The user is obliged to make truthful statements when writing reviews concerning other users. Unobjective, defamatory or otherwise infringing or inappropriate comments are prohibited and will be deleted.
- Any use of the evaluation system that contradicts its purpose is prohibited. This includes, in particular, entries made by persons connected to each other or non-existent persons, reviews containing the personal data about the lessor or lessee, or reviews where users review themselves.
- The evaluations are not checked by adventurent. adventurent accepts no responsibility for the correctness or appropriateness of the evaluations. adventurent reserves the right, however, to delete ratings or comments without providing any reason.
- In all other respects, the information on the adventurent website regarding adventurent's review system applies, which in this respect form an integral part of these GTC.
- If there are indications that the user violates legal regulations, rights of third parties (including rights of other users) or provisions of the contractual relationship between adventurent and the user or that a user has received multiple negative ratings in the rating system, adventurent may take the following measures at its own discretion:
- Warning the user;
- Deletion of the users rental postings;
- Temporary banning the user or blocking a rental agreement;
- Terminating a rental agreement;
- Indefinite banning of the user or deletion of his registration and termination without notice of the contractual relationship with the user.
- adventurent reserves the right to assert claims for damages or other legal claims.
Protection of copyright and trademark rights
The user acknowledges that all elements on the adventurent Website, such as texts, images or audio signals, are protected by copyright and/or trademark and may only be downloaded for private use. In particular, the user may not distribute, copy, transmit, modify or otherwise use these elements for commercial purposes.
Limitation of liability and exclusion of warranty
- adventurent shall only be liable to the user in connection with the contractual relationship or the adventurent website for damages caused intentionally or by gross negligence. adventurent shall not be liable for auxiliary persons. Any further liability for damages directly or indirectly connected with the contractual relationship is excluded, irrespective of the legal basis on which the damages are asserted.
- adventurent does not provide any guarantees to the user in connection with the adventurent website and the contractual relationship and excludes any existing statutory guarantees. The scope of this comprehensive exclusion of warranty is not limited by the following specific provisions. The same shall apply to the exclusion of warranty contained in Section 10.1 above.
- adventurent accepts no liability for the correctness, completeness and up-to-dateness of the contents of the adventurent website. Nor does adventurent guarantee that the adventurent Website is error-free and free of harmful components (such as viruses).
- The adventurent Website may contain links to websites of third parties over whose content adventurent has no influence. adventurent does not assume any liability for these external contents either.
- adventurent cannot establish the identity of its users with certainty and therefore cannot guarantee that a user will disclose their actual identity. Accordingly, each user must satisfy himself/herself of the identity of another user.
- adventurent shall endeavour to keep the adventurent Website as constantly available as possible. However, the user acknowledges that 100% availability of the adventurent website is not possible. The user has no claim to the adventurent Website being available.
- Unless adventurent has expressly stated otherwise in writing, adventurent shall not participate in the communication between the users with regard to content. adventurent is not involved in any contracts, in particular rental agreements, concluded between users on the basis of the adventurent Website and does not become a contractual partner. In particular, the choice of the contractual partner, conclusion of the contract and performance of the contract are the sole responsibility of the user. adventurent merely offers the user a platform to bring them together with other users.
The user indemnifies adventurent against all claims asserted against adventurent by third parties (including other users) in connection with the fact that the user has violated the provisions of the contractual relationship. The user assumes all responsibility for adventurent due to such contractual violations, this includes costs arising from the contractual relationship, including the costs incurred for legal defence (including pre-litigation costs). Any further rights and claims for damages by adventurent shall remain unaffected.
Termination of the contractual relationship
- The contractual relationship shall come into force in accordance with Provision 2.2 above and shall be concluded for an indefinite period of time.
- The contractual relationship can be terminated immediately by either party. Termination must be made in writing (including email). In the case of the user, however, it presupposes that no current or future rental agreements exist. Details can be found on the adventurent website, which is an integral part of these GTC.
- A termination or other dissolution of the contractual relationship has the following effects in particular:
- The user may no longer use the adventurent Website;
- The user shall be immediately pay all outstanding amounts vis-à-vis adventurent;
- The services to be rendered by adventurent to the user shall be discontinued immediately;
- Rental agreements already concluded between users shall still be processed, whereby the provisions of the contractual relationship shall apply analogously in this case;
- In the event of disputes between two users, adventurent shall be entitled to continue to proceed in accordance with the provisions of the contractual relationship;
- Payments already made by the user to adventurent will not be refunded to the user;
- The adventurent website contains further specifications, which in this respect form an integral part of these GTC.
Changes to the contractual relationship, services and fees
- Changes to the provisions of the contractual relationship, adventurent's services and processing or other fees may be made by adventurent at any time and at its own discretion. They will be displayed to the user on the adventurent website before they come into effect.
- The user must confirm the changes. If he does not do so, he can no longer make full use of the services offered by adventurent.
- Notwithstanding any deviating provisions of the contractual relationship, adventurent shall be entitled at any time to discontinue the adventurent Website or the services of the adventurent Website with immediate effect. In such cases, it is not necessary to notify the user. Section 12.3 above regarding the consequences of termination shall apply analogously.
- The user shall only have the right to withhold payments or offset counterclaims to the extent that his counterclaims are undisputed or have become res judicata.
- It is the intention of the parties to the contractual relationship to remain independent, and the contractual relationship should not lead to a simple partnership or another partnership-like relationship between adventurent and the user.
- Supplements, amendments or the cancellation of the contractual relationship shall only be legally valid in writing and signed by both parties to the contract. This also applies in particular to this written form provision. Exception remains with regards to point 13 above.
- One fax letter or one email is sufficient for all deliveries within the scope of this contractual relationship. Written form within the meaning of these GTC or the contractual relationship shall also exist for fax letters or emails.
- Rights and obligations arising from the contractual relationship may only be transferred to third parties with the consent of the other party to the contract. The same applies to the transfer of the entire contractual relationship to a third party or the entry of a third party into this contractual relationship.
- Should one or more of the provisions of the contractual relationship be annulled or voided, the remaining provisions shall remain unaffected. In the event of the annulation of a provision, it shall be replaced by a provision that comes as close as possible to the economic purpose of the invalid provision.
- Should a party fail to exercise its rights under the contractual relationship or not exercise them in due course, this shall not lead to forfeiture or loss of these rights. The non-exercise or delayed exercise of a right shall in no case lead to the user no longer being able to exercise this right.
- The contractual relationship shall be governed by Swiss material law, with the exception of a conflict of laws and international treaties.
- Disputes, disagreements or claims arising out of or in connection with this contractual relationship, including its validity, invalidity, breach or dissolution, shall be settled exclusively by courts at the place of jurisdiction of adventurent's registered office.