Nowescape Terms and Conditions

Last updated: September 1th, 2016

By accessing, browsing or using the website or and our applications (hereinafter “Site”) and/or using the Service, you confirm that you have read through, understand and accept these Terms and Conditions, which may be amended from time to time, including the Service Fees and cancellation terms, in full. These Terms of Use, including our Privacy Policy and any other terms, rules or guidelines published on the Site, constitute a binding legal agreement between you and Nowescape (hereinafter collectively referred to as “Terms of Use”).

The company you are contracting with is Nowescape Ltd, a company established in the Republic of Estonia, with a company number 12997731 and registered address Juhkentali tn 8-29, Tallinn, 10132, ESTONIA.

IF YOU DO NOT AGREE TO ANY PART OF THESE TERMS OF USE OR OUR PRIVACY POLICY, CEASE USE OF THIS SITE IMMEDIATELY.

Any modifications made in these Terms and Conditions will be reflected through the “Last updated” date at the top of these Terms and Conditions. Your continued access to use this Site and Services constitutes your acceptance of the amended terms. Based on our sole discretion we may ask you to acknowledge your acceptance of the changes through an electronic click-through. If the modified Terms and Conditions are not acceptable to you, you must not use the Site or the Services provided through it.

Nowescape reserves the right to refuse or terminate all or part of its Services to anyone for any reason at our discretion, including, but not limited to, for violation of these Terms of Use.

This Site is intended for persons with active legal capacity who are 18 or older. By accessing or using the Site, you confirm and warrant that you are 18 or older. Also, if applicable, you confirm to have the authority to act on behalf of any person you are representing.

Please note that different Service Providers may also have applied an age restriction for using their services. Therefore, before booking a room, check the possible age limit and Service Providers recommendations for the suitability of the service for you and/or your companions. Nowescape takes no liability for the condition, legality or suitability of the service provided by the Service Provider to you.

Key Terms

Words and expressions used in the Terms of Use shall have the following meaning, except where the context clearly requires otherwise.

Account – a unique username and password, which is giving the opportunity to use Nowescape platform.
Nowescape - owner of the online platform, Nowescape Ltd. Also referred to as “we”, “us”, “our” etc.
Nowescape credit - a credit you can earn to your personal Account by referring Nowescape Services to new Users. The credit will be calculated as a discount from the Users next booking request.
Site - Nowescape website or other used application.
Service - when marked with capital “S”, means the online platform provided by Nowescape, also online reservations, customer service requests etc;
when marked with lower ”s”, means the service provided by different Service Providers, who have listed their Rooms in Nowescape platform for booking.
Service Fee - a fee that Nowescape charges from the Service Provider and which will be calculated as a percentage of the applicable Total Fee of the Escape Room. The Service Fee for each booking made via the site is 20%. Service fee does not apply to any other bookings - manual, email, phone, Widget or API.
Service Provider - a legal entity who owns the Room and has listed it for booking in Nowescape online platform.
Rooms - Escape Rooms, that are listed by the registered Service Providers and which can be booked by the Users.
Total Fee - the total amount (including taxes) payable by the User in exchange for the Room. The fee will be displayed to the User before booking and in the confirmation of the booking.
User - a registered or unregistered user of the online platform, who can book the listed Rooms.
Payout Fee - a fee that Nowescape charges from the Service Provider when Service Provider initiates the payout of accumulated funds. Payout fee is 25 EUR per payout transaction.
Credit Card Fee - a fee that Nowescape charges from the Service Provider when Service Provider initiates the payout of accumulated funds. Credit Card Fee is 3%.

About Nowescape

Nowescape has made available an online platform for set up for booking escape rooms (hereinafter “Rooms”) and is conditioned on your acceptance without modification of the Terms of Use contained herein as they exist at the time the booking is made. Such Rooms shall be listed to this Site by the registered Service Providers. By making the booking through the Site, you are entering into a binding contract with the Service Provider. The Service Provider is obligated to provide its services to Users according to the booking. As Nowescape is not the owner of the Rooms or the direct service provider, the contract for services will be made between the respective User and Service Provider.

    Unless said otherwise, Nowescape is only responsible for:
  1. Facilitating the availability of the Site for listing Rooms and making reservations to these Rooms;
  2. If applicable, serving as the limited payment collector of each Service Provider for the purpose of accepting payment from Users on behalf of the Service Provider.

It is important that you will understand, that Nowescape acts only as an intermediary, forwarding necessary details between the Service Provider and Users, which include sending out confirmation e-mails to both, the Service Providers and Users.

Nowescape does not control the accuracy of the content provided by the Service Provider. All Service Providers have been given an access to the platform, which enables them to modify their listed information which is displayed on the Site. Therefore, any claims about the service and/or the Rooms provided by and owned by the Service Provider must be addressed directly to the Service Provider or Nowescape, who will try to coordinate and resolve the claim between the parties. Based on the claims arising against the Service Provider, Nowescape shall have the sole discretion to deny the Service Provider further access to the Site and offer its services through its online platform

Nowescape does not take any responsibility for any errors or interruptions (for example breakdowns or maintenance of the Site) of the Site.

Any information provided through this Site is made available for non-commercial use only. You are not allowed to use this Site or the content in it for any commercial or competitive activity or purpose without the previous written consent from Nowescape.

How to register?

To book a Room through this Site, it is not necessary to create a user Account. If a person wants to book a Room without creating an Account, the important information about the person (User) has to be provided. Although, it is not compulsory to create an Account to book a Room, we highly recommend it. Creating an Account in Nowescape makes it easier for you to manage your bookings, also to save your personal information, to look at your booking history, gives you a chance to collect Nowescape credit etc.

To list a Room on this Site, you have to create yourself an Account and become a Service Provider.

Creating a User account:
  1. Choose “register a User account”
  2. Enter your information. You will be asked to enter your full name, e-mail address, birthday date, contact telephone number. Also, you have to enter your username and create a password. Before clicking the button “Submit”, you have to have read through the Terms of Use of this Site, as well as the Privacy Policy and tick the corresponding boxes to confirm that you have read them through, understand and accept them.
  3. Receive a confirmation. After submitting your information, you will receive a confirmation letter to your e-mail and need to activate your account by clicking the link provided in that e-mail.
Creating a Service Provider account:
  1. You confirm that you are authorized to act on behalf of the business entity and bind the company to these Terms of Use. You understand, that no agency, partnership, joint venture or employee-employer relationship is intended or created.
  2. Choose a “register a Service Provider account”
  3. Enter your information. You will be asked to enter the full name of your company, the registry number, legal address, e-mail address, contact telephone number. Also, you have to enter your username and create a password. We may ask you to provide us any additional documents which may be needed to prove your right of representation. Before clicking the button “Submit”, you have to have read through the Terms of Use of using this Site, as well as the Privacy Policy and tick the corresponding boxes to confirm that you have read them through, understand and accept them.
  4. Receive a confirmation. After submitting your information, you will receive a confirmation letter to your e-mail and activate your account by clicking the link provided in that e-mail.

Nowescape has the right to cancel unconfirmed account applications or accounts that have been inactive for a substantial time.

Please note, that the data you provide us must be accurate, current and complete. Nowescape has the right to deny your registration application if you have not filled the application form in full and/or suspicion arises that the data provided is not accurate. You are responsible for updating the data whenever there have been significant changes (for example name, contact information etc).

Both, Service Providers and Users are responsible for keeping their Account password safe and not disclose it to any third parties. By disclosing your password, you take sole responsibility for any possible activity under your Account, including possible financial obligations taken by a third party using your Account. If there is any unauthorized use of your Account, you are responsible for notifying Nowescape immediately.

Setting up an Escape Room

After registering yourself as a Service Provider, you can set up Rooms for booking (create a listing). To set up Rooms for booking, you will be asked a list of questions about the Room, including, but not limited to:

  1. Location
  2. minimum and maximum number of players
  3. availability
  4. pricing
  5. other related rules, special requirements to book the Room

The Service Providers are given an online solution through which they are responsible for updating the provided data about the listed Rooms, including availability, rates, description, booking conditions, pictures etc.

The Rooms added for booking with all or some of its data will be made publicly available via the Site.

In addition to this Rooms set to “Listed” mode will also be available for booking on Site. The Rooms set to “Unlisted" mode will only be available for booking via Widget and API.

For Unlisted rooms only the general information about the escape room such as Name, location, description will be made publicly available, while pricing and room availability will not be made visible on the Site.

For Listed rooms, General information, pricing and availability will be publicly listed on the Site.

You understand and agree that:

  1. The prices of the Room offered through this Site have to be the lowest that you offer online, whether you offer it yourself on your website or on another online platform, or by any third partie ́s online platform;
  2. You are responsible for updating the Room availability and in a case of a double booking the Room, the User of this Site will have the priority for the service. When making a booking request, the User will get an instant confirmation about his/her booking;
  3. You are responsible for the accuracy and content you have provided about the Rooms;
  4. Content that violates any of Nowescape Terms of Use or governing law, may be deleted at Nowescape sole discretion;
  5. Requested booking for your available Room will constitute an agreement between you and the User. Nowescape is not a party in it;
  6. You are not allowed to use the contact information of the User, given by Nowescape during the booking confirmation for marketing purposes, unless you obtain the consent of the specific User to do so;
  7. The placement or ranking of the Room in Users search result may depend on a variety of factors, including, but not limited to: Users location, search query, browsing and history; pricing; Service Provider ́s history; number of listings matching the User query.
  8. Nowescape may use your uploaded images in online and offline promotional materials and publications at its sole discretion
  9. The Total Fees payable will be displayed to the User before the User submits the booking request;
  10. Nowescape will collect the Total Fee from the User at the time of the booking request.The payment to the Service Provider will be initiated at the request of the Service Provider only after the User has used the Services provided by the Service Provider. Nowescape is entitled to get a Service Fee, which will be deducted from the Total Fee or from the Service Providers funds located on Nowescape bank account. Nowescape may change the fee, posting the changes on the Site 30 days in advance.

You ensure that:

  1. setting up the Room for a booking does not infringe any agreements you have with third parties;
  2. you own the copyright of any images uploaded to this Site
  3. your activity is in compliance with all applicable laws, tax requirements and any other rules and regulations that may apply to any of the Rooms you have set up for booking.

In violation of these Terms of Use, Nowescape may take a range of actions against you, including, but not limited to canceling your listings and/or deactivating your Account. Nowescape also reserves the right to blacklist the Service Providers.

Booking a Room

Each Room listed in Nowescape platform with the status of “Listed” is open for booking and in case of a booking being submitted, the Service Provider gets an instant confirmation from Nowescape. Booking confirmations go directly to the User and the Service Provider and the following data, but not limited to, will be shared:

  1. information about the Room which had been booked: specific Room, date and time
  2. the first and last name of the User;
  3. the telephone number and the e-mail address of the User;
  4. the name of the Service Provider;
  5. the telephone number, the address and the e-mail address of the Service Provider;
  6. important information about the booking: maximum participants etc
  7. unique reference number of the booking
  8. information about canceling the booking.

The User can discontinue the booking process at every time before giving the final confirmation on the confirmation screen. Please read carefully our cancellation terms below.

Once the booking is done, a confirmation email is sent to both parties - User and Service Provider.

To avoid any misunderstandings, including in the payment method, we recommend Users to print out the confirmation email received and to present it to the Service Provider if needed.

Also, we advise you to arrive at least 15 minutes before the game start. Please note, that the games start in-time and in case of your late arrival, you may not be allowed to join the game, in which case the booking is considered as canceled by the User with no refunds.

Payments

The user of the Site can pay for the Room with a credit card payment.

When making credit card and mobile payments, the receiver of the payment is Nowescape OÜ, who forwards the received payment to the Service Provider.

The Total Fee (which includes all taxes) of the Room will be paid to Nowescape bank account during the reservation process by means of secure online payment. User ́s credit/debit card or bank account will be charged the sum of Total Fee by a secure third party payment processing system.

The intermediation of credit card payments in the Nowescape is carried out through ADYEN BV pursuant to the following conditions: https://www.adyen.com/home/support/manuals. Terms &Conditions.

Nowescape shall be responsible for the functioning of credit card payments and offers card owners support in solving problems. The resolution of credit card and mobile payment-related disputes also takes place through Nowescape. The contact for Nowescape credit card and mobile payment support service is: [email protected] and phone number +44 2032398762 Inquiries submitted by e-mail shall receive a response within one business day. Nowescape shall resolve all credit card payment related complaints and applications within two business days.

We advise Users to check the payment rules of the Room thoroughly prior to making your booking.

Please note, that during the booking process, the Total Fee can be displayed in different currencies, which is for your convenience and by default is based on your country. The currency and amount you see on the final booking page before submitting the booking will be the amount Nowescape will charge your credit card. Based on the changes in the currencies exchange rate, the Total Fee can be different. Exchange rates fluctuate daily.

It is important for you to know, that most banks and credit card companies impose fees for international transactions. Also, your bank may convert the payment amount to your local currency and charge you a conversion fee. Therefore, in the bank billing, a different amount can be shown compared to the Total Fee shown in the booking request.

You can also pay for the Room with your Nowescape credit, that you have earned with referrals or through other propotional activities. Please pay attention, that in case you have such credit in your Nowescape Account, the credit will automatically appear as a discount on your next booking request. In case you pay for the Room on spot, the Service Provider is entitled to collect for the Room only the amount, that exceeds your Nowescape credit. How to earn Nowescape credit is described below.

Nowescape credit

Nowescape offers to its registered Users the opportunity to earn Nowescape credit by inviting their friends, who are not existing Nowescape Users, to use Nowescape Services. One User can earn Nowescape credit in the value up to 3000 euro whereas one referral can give you and your friend a 5 euro value credit. The credit you have earned will be automatically calculated as a discount from your next booking request. Nowescape credit is not transferable to cash.

To earn Nowescape credit, you can invite your friends to use Nowescape by:

    Using a link:
  1. Visit the invitation page and send the link to your friend ́s e-mail address
  2. When they register using the link, they will automatically receive the credit
  3. When your referral makes his/her first booking, the credit will be automatically applied
  4. When your friend has played the Escape Room game, you will earn credit too. It will be reflected on your Nowescape credit page.
  5. You can earn up to 3000 EUR credit overall
    Using a code:
  1. Visit the invitation page and pass the code to your friends
  2. When they make a first booking they have to click “I have promotion code” and supply the code they have received from you. The code will give your friends a discount in the amount of 5 euros.
  3. When your friend has played the Escape Room game, you will earn credit too. It will be reflected on your Nowescape credit page.
  4. You can earn up to 3000 EUR credit overall.

Pay attention, that by inviting your friends to use Nowescape services, you will receive the credit only after your friend has made a booking through Nowescape and has played the game.

It is important to notice, that the credit you have earned will expire in one year from the date it had been issued. Also, the credit can only be used once, which means that in case you cancel your next booking request, the credit is considered to be used.

In case Nowescape should detect an abuse of credits, Nowescape has the right to remove the credits earned.

Changes, Cancellations and Refunds

Please read the cancellation policy carefully before submitting a booking. If you wish to review, modify or cancel your booking, please revert to the confirmation e-mail and follow the instructions provided there or contact Nowescape

In case of “obvious errors” in our Site, Nowescape shall have the right to cancel or reject the booking. If the booking is already paid, the User shall get a full refund.

Also, Nowescape reserves the right to cancel the booking in the event of "Force Majure" or in case the Service Provider or the User has breached this Agreement. In the event of such a cancellation, Nowescape will refund the total amount of the booking.

No changes to any bookings are possible.
Cancellations are possible.

If a User wishes to cancel a confirmed booking:

When the cancellation is made at least one full day (24 hours) prior to the game start, the user can cancel and will get 100% refund. For example, if the game starts on Friday 4 pm and it is canceled not later than Thursday 4 pm same week.

Cancellation is possible less than one day (24 hours) in advance, but there is no refund and the Total Fee will not be returned.
There is no refund in case the User does not come to the game location.

A user can cancel his/her booking online under your Bookings when signed into his/her account. Alternatively, cancellation can be done by contacting Nowescape by email [email protected]

If the Service Provider wishes to cancel a confirmed booking:

In case the Service Provider wishes to cancel a confirmed booking not due to a "Force Majeure" event, Nowescape shall refund User the paid Total Fee in full. In such cases, Nowescape shall have the right for a compensation from the Service Provider. The compensation shall be fixed with the amount, that equals to the double price of the canceled Room.

Balance Payout

Registered Service Providers may request a full balance payout at any time.
Service Provider has to provide a valid bank account belonging to the Service Provider.
The payout will be processed and executed in a form of bank transfer within 24 hours after the request had been received. A confirmation email is sent to the Service Provider.
During the payout Credit Card fee and payout transaction fees are charged.

Complaints

Nowescape is committed to the satisfaction of its customers. Therefore, in case of complaints about Nowescape, please contact our Customer Service. Please note, that any complaints about the Rooms and/or Service Providers are a matter of the Service Provider, but Nowescape will coordinate these possible complaints and will try to find the best solution as well as to resolve them. Unfortunately, Nowescape cannot guarantee a satisfactory outcome.

The Service Providers and the Users agree to act in good faith and in case of any possible claims to each other, provide Nowescape all the information reasonably required to resolve the claim

Limitation of Liability

Nowescape will do its best to keep the Services safe, secure and functioning properly, but does not guarantee the continuous operation of, or access to the Services. In some cases, booking updates (including the availability of the Rooms) may not appear in real time. Nowescape shall not be liable for any changes, interruptions, or suspensions etc deriving from security related reasons.

Nowescape shall not be liable for any incorrectness in the listed Rooms description and services provided by the Service Providers.

The use of Nowescape Services is at your own risk. Nowescape excludes all liability and responsibility for any loss or damage caused by the use of the services. To the extent permitted by law, these Terms of Use and the provision of our Services shall be governed by and interpreted in accordance with the laws of the Republic of Estonia. Any disputes arising out of these Terms of use and/or our Services shall be submitted to Harju county court.

Except as otherwise provided in these Terms of Use, if any provision of these terms is held to be or becomes invalid, void, unenforceable or non-binding, such provisions shall be struck out and it shall not affect the validity and enforceability of the remaining provisions. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the consent and purpose of these Terms of Use.

If you have any additional questions, please contact Nowescape directly by writing to our e-mail address [email protected]

Copyright

All content in this Site, including the Terms of Use and the logo, belongs to Nowescape.

Privacy Policy

It is important to Nowescape to protect your privacy. Please review the terms of our Privacy Policy.