1. Scope

1.1 These General Terms and Conditions apply to all deliveries and services between espoto GmbH (Seller) and a consumer (Customer) in the version valid at the time of the order.

1.2 By placing an order, the Customer accepts the following terms and conditions as binding.

1.3 Individual questions that have been agreed separately between espoto GmbH and the customer shall only take precedence over the following provisions if these agreements have been made in writing.

2. Basis of the contract

2.1 The following provisions on the conclusion of the contract apply to orders placed via the website https://mytabgame.com.

2.2 The contractual partner is espoto GmbH, based in 14471 Potsdam, Am Luftschiffhafen 1.

2.3 By successfully completing the order process shown on the seller’s website, the buyer submits a binding contractual offer.

2.4 The order process is completed by selecting the desired mytabgame product, selecting the desired number of tickets/app accesses, entering customer data (name, address, email) and payment information, and confirming the order.

2.5 The contract is concluded upon acceptance by the seller. Acceptance must be in writing. For this purpose, the customer will receive a purchase confirmation by email.

2.6 The descriptions and detailed information provided on the mytabgame website regarding the scavenger hunts, city tours, and other games offered do not constitute a legally binding contractual offer on the part of the seller.

3. Payment and prices

3.1 The prices quoted include the currently applicable statutory value added tax.

3.2 The app access/tickets will be sent in digital form to the email address provided by the buyer during the ordering process. There are therefore no shipping costs.

3.3 The buyer can choose to pay by credit card or PayPal.

3.4 The seller uses a so-called reseller (merchant of record) for payment processing. The seller transfers the claim to the said reseller at the time it arises.

3.5 The seller’s claim for payment arises at the time of successful completion of the order process by the customer.

4. Scope of services

4.1 The scope of the contractual services is specified in the purchase confirmation. Any side agreements or amendments that change the scope of the contractual services must be made in writing.

4.2 By purchasing a ticket, the customer acquires the right to a one-time, time-limited use of the ticket for the independent execution of the booked mytabgame scavenger hunt for purely private purposes. Commercial use and resale of the ticket or the booked service require the written consent of the seller.

4.3 Unless otherwise agreed, a ticket is valid for 1 year.

4.4 If the buyer redeems their ticket by entering their login details and starting the game in the mytabgame app, the service is deemed to have been provided by the seller.

4.5 Information in advertising materials, whether in electronic, printed, or other form, has no binding effect on the contract. This also applies to information provided on the provider’s website, unless it is explicitly designated as part of the service.

4.6 The seller shall immediately notify the customer of any changes or deviations of individual services from the agreed content of the contract that become necessary after the conclusion of the contract. If the agreed content of the contract is not affected or only insignificantly affected by the changes, the customer shall not be entitled to terminate the contract on the basis of these deviations.

5. Delivery

5.1 Unless otherwise stated, all mytabgame products offered can be used by the customer immediately after receipt of the ticket/app access by email.

5.2 The ticket required for the use of the services offered will be sent to the customer by email immediately after the successful completion of the order process.

5.3 In individual cases, there may be delays of up to 24 hours in the electronic delivery of the ticket, which must be accepted by the customer.

5.4 In individual cases, when the customer receives the ticket email, it may be automatically moved to the spam folder of their email inbox. The customer undertakes to check all folders in their email inbox carefully.

5.5 If, despite successfully completing the order process on the seller’s website, the customer has not received a ticket by email within 24 hours, they undertake to notify espoto GmbH of this circumstance by email. The seller will then immediately attempt to resend the email.

6. Property rights and copyright protection

6.1 All services provided by the seller, in particular puzzle and task ideas, tours, etc., including individual parts thereof, are and remain the property of espoto GmbH. By paying the agreed price, the customer only acquires the right to use the services for the agreed purpose.

6.2 Unless otherwise agreed with the seller, the customer may only use the services themselves and only for the duration of the contract (see § 4.2 ff.). Any further use, transfer to third parties, or independent implementation of the seller’s ideas, whether in part or in full, is not permitted.

6.3 The use of espoto GmbH services beyond the originally agreed purpose and scope of use requires the consent of espoto GmbH, regardless of whether these services are protected by copyright.

6.4 The use, reproduction, or disclosure of the organizer’s event documents is prohibited and may result in legal consequences, in particular claims for damages. This applies regardless of whether the use is for private or business purposes.

6.5 Any violation of copyright provisions will be prosecuted under both civil and criminal law.

7. Liability

7.1 Participation in any of the tours offered is at your own risk. Any liability on the part of the seller for personal injury or property damage is excluded.

7.2 If rental equipment is provided to the customer by the seller for the performance of the service, the customer shall be liable for damage to and loss of the equipment insofar as this is caused by improper or negligent handling.

7.3 The seller undertakes to plan and develop the services offered conscientiously in accordance with the duties of care of a prudent businessman.

7.4 The seller’s liability is based exclusively on the written agreements between the parties. All claims not expressly granted herein – including claims for damages, regardless of their legal basis – are excluded, unless they are based on an intentional or grossly negligent breach of contract by the seller, a legal representative, or a vicarious agent.

8. Warranty

8.1 If performance disruptions occur during the period of use for which the Seller is responsible, or if the service is not provided in accordance with the contract, the Customer must notify the Seller of this circumstance within 24 hours.

8.2 The Customer is obliged to first demand remedial action within a reasonable period of time.

8.3 The seller may also remedy the situation by providing an equivalent replacement service, which will only be provided at a later date.

8.4 The seller may refuse to remedy the situation if it requires disproportionate effort.

8.5 Customer operating errors of the smartphone used or the application provided by the seller, the use of unsuitable software or hardware (in particular mobile devices without GPS or data reception), insufficient mobile phone reception or insufficient data volume, as well as all other performance disruptions caused by the customer are expressly not part of the warranty agreement.

9. Damages

9.1 The contracting parties agree that any claim for damages against the seller, regardless of the legal basis, shall be limited to the agreed total price for the service sold.

9.2 Claims for damages by the customer, in particular due to impossibility of performance, positive breach of contract, culpa in contrahendo, defective, delayed, or incomplete performance, or due to tortious acts, are excluded unless they are based on intent or gross negligence on the part of the seller.

10. Downloading the mytabgame app

10.1 espoto provides the buyer with a free native mytabgame app for Android and iOS and, as an alternative, a browser-based web app for playing the mytabgame product purchased by the buyer.

10.2 The native mytabgame app can be downloaded from the relevant app download platforms (e.g., Google Play Store, Apple App Store).

10.3 espoto GmbH has no influence on the operation of the app download platform provided by third parties.
espoto GmbH is therefore not responsible for the buyer’s unhindered access to the app download platform, nor does espoto GmbH assume responsibility for its availability. The obligations of espoto GmbH do not include the availability of download options provided by the operator of the app download platform. espoto GmbH therefore assumes no responsibility for the functionality of the app download platform.

11. Exclusion of the right of withdrawal for digital content

In the case of contracts for the delivery of digital content that is not delivered on a physical data carrier, the statutory right of withdrawal pursuant to Section 356 (5) of the German Civil Code (BGB) expires as soon as the entrepreneur has begun to execute the contract after the consumer

1. has expressly agreed that the entrepreneur will begin executing the contract before the expiry of the withdrawal period, and
2. has confirmed that he will lose his right of withdrawal once execution has begun.
   During the ordering process, the customer expressly agrees that the execution of the contract will begin immediately after the conclusion of the contract by making the tickets available to him digitally.
   At the same time, they confirm that they lose their right of withdrawal by giving this consent.

12. Applicable law

German law applies exclusively to the legal relationship between the customer and the organizer and to the question of a validly concluded contract and its preliminary and subsequent effects.

13. Place of jurisdiction

Potsdam is agreed as the place of jurisdiction for all disputes arising directly or indirectly between the seller and the customer.

14. Ancillary agreements / written form

Ancillary agreements must be made in writing.

15. Severability clause

Should individual provisions of these “General Terms and Conditions” be invalid, this shall not affect the validity of the remaining provisions and the contracts concluded on the basis thereof. The invalid provision shall be replaced by a valid provision that comes closest to its meaning and purpose.