Xscape Space Ltd – General Terms and Conditions
These Terms and Conditions (“Terms”) apply to the provision by Xscape Space Ltd (“Xscape Space”) of Escape Room experiences involving puzzle-solving, logic, and teamwork challenges (“Services”).
1. Definitions and Interpretation
For the purposes of these Terms:
- “Xscape Space” includes its directors, shareholders, employees, agents, contractors, instructors, and any affiliates or representatives.
- References to “we”, “us” or “our” mean Xscape Space Ltd.
- “You” and “your” refer to the customer booking or participating in the Services.
2. Booking Confirmation
You agree to provide complete and accurate information at the time of booking. We may request additional information as needed to confirm your booking. Failure to supply requested information in a timely manner may result in cancellation at our sole discretion. Contact details are essential for confirmation and communication.
3. Cancellations and Refunds
General Bookings:
- You may cancel up to 48 hours prior to your booking time by calling or emailing us via our website.
- If you choose “pay on arrival” and fail to cancel with sufficient notice, we reserve the right to charge the full booking amount.
- If prepaid online, cancellations made with 48+ hours’ notice will be refunded, minus a 3% transaction fee. No refund will be provided for cancellations made within 48 hours of your scheduled time.
Corporate, Team Building or Large Group Bookings
- A 40% non-refundable deposit is required to confirm your booking.
- Confirmation of numbers attending are due no later than one week prior (7days) to the booking date.
- This confirmation of numbers will be the amount you are billed less any deposit paid.
- If on the day you have more people attend the billing amount will be adjusted to suit.
- The balance is due on the day of attendance or prior.
- If cancelled more than one month before, your deposit will be refunded minus actual costs incurred.
- If cancelled with less than one month’s notice, your deposit is forfeited. Any further refund is at our sole discretion.
4. Pricing
Prices are as listed on our website at the time of booking and may be varied without notice. If prices change after your booking, we may notify you and adjust charges accordingly before the session takes place.
5. Payment
Unless otherwise agreed:
- Payment is required upon booking or on arrival if selecting “pay on arrival”.
- If invoiced, payment is due as per section 3
- You may not deduct or withhold payment for any reason.
- If a booking is made by an agent on your behalf, both you and the agent are jointly responsible for payment.
6. Late Payments
Late payments may incur:
- Interest at our overdraft rate + 2% per annum from the due date until paid.
- Recovery costs including legal fees or debt collection expenses.
7. Right to Refuse Service
We reserve the right to:
- Deny entry or remove participants at any time, at our discretion.
- Refuse service to anyone under the influence of drugs or alcohol.
- Enforce a strict no-smoking and no-alcohol policy on our premises.
No refunds will be given in these circumstances.
8. Media Restrictions and CCTV
- CCTV is used on-site for safety and security. Footage is stored temporarily and deleted unless required by law.
- You may not record, photograph, or film in the escape rooms.
- You must delete any unauthorised media upon request.
- If you agree to us taking a photo at the end of your game, you also agree to us using this photo for social media and potential marketing.
9. Reliance on Information
Any promotional content (e.g. online descriptions, reviews) is indicative only. You acknowledge it is your responsibility to assess the Services.
10. Children on Premises
- Children under 11 must be accompanied and supervised by a parent or guardian at all times.
- Unattended children will be reported to the relevant authorities.
- Parents/guardians are responsible for any damage or disruption caused by minors in their care.
11. Warranties
To the extent permitted by law, all statutory warranties are excluded. Where they cannot be excluded, our liability is limited to the minimum allowed by the Consumer Guarantees Act 1993 or any other applicable statute.
12. Liability
To the maximum extent allowed by law:
- We are not liable for indirect, special, or consequential losses or damages.
- Our total liability is limited to the amount paid for the specific Services booked.
13. Indemnity
You agree to indemnify Xscape Space Ltd for all costs, damages, claims or liabilities (including legal fees) arising from:
- Your breach of these Terms.
- Damage caused by you or your guests.
This clause does not apply to fines or fees under the Health and Safety at Work Act 2015.
14. Property Damage
You are liable for any damage caused by you or your party to Xscape Space Ltd property. We reserve the right to charge you for the reasonable cost of repairs. Invoices must be paid within 5 days.
15. Privacy and Information Use
We collect and use your information only for the purpose of processing bookings, providing services, and communication. You agree to this under the Privacy Act 2020. We may also use your contact details to inform you about promotions unless you opt out. You can read more here https://www.xscapespace.co.nz/privacy-policy/
16. Information Security
We take reasonable steps to protect your personal data. However, internet transmissions are not 100% secure. We are not liable for unauthorised access beyond our control. Some data may be processed via third parties (e.g. Stripe for payments). You can read more here https://www.xscapespace.co.nz/privacy-policy/
17. Access to Your Information
You may request access to or correction of your personal information by contacting us.
18. Health and Safety
You agree to comply with all health and safety guidelines while on our premises. These Terms do not transfer any health and safety obligations to us that you may have under relevant legislation.
19. Dispute Resolution
If a dispute arises, we agree to first attempt to resolve it through good-faith discussions. If unresolved within 10 working days, the parties will attempt mediation before taking any further legal steps.
20. Governing Law
These Terms are governed by the laws of New Zealand. Any disputes will be subject to the exclusive jurisdiction of the New Zealand courts.
21. Miscellaneous
- We are not responsible for delays caused by events outside our control.
- If any part of these Terms is found invalid, the remainder will remain enforceable.
- No variation to these Terms is valid unless agreed in writing.
22. Personal Guarantee (for Companies or Trusts)
If you are booking on behalf of a company or trust, the directors or trustees personally guarantee the payment of all sums owing under these Terms.
Voucher Terms and Conditions
- Bookings online via website are essential, voucher must be applied.
- Vouchers are non-refundable, non-replaceable, and not redeemable for cash.
- Vouchers are valid until the date shown and cannot be extended or exchanged.