General Terms and Conditions for participation in the Game and usage of the services provided by Brainwatch OOD
These general terms and conditions for participation in the Game and usage of the services provided by Brainwatch OOD (the “GTCs”) serve as provisions of the contract between Brainwatch OOD, on the first part, and the customers of Brainwatch OOD, on the second part, related to customers’ participation in the Game. The Privacy and Personal Data Protection Rules available on the www.brain-watch.org website is an inseparable part hereof.
For the purposes of these GTCs the “Game” is a real-life team game where series of puzzles and riddles are solved which is developed and operated by Brainwatch OOD in the Room. The “Room” means the room/premises where the Game takes place located in Sofia, in Bulgaria at 13, Bacho Kiro St. The players are locked in the Room for an hour. They have to find the clues and solve the puzzles to escape from the Room. In order to play the Game, you have to be a part of a team consisting of 2 to 6 people. The duration of the Game is one hour.
Please read carefully these GTCs before you make a booking or participate in the Game.
The players are bound by these GTCs and undertake to observe them as of (a) the moment the player who is making a booking makes ticks the field “I have read the General Terms and Conditions, accept them and undertake to comply with them” and submits his/her booking, or the moment the player makes a booking and pays the reservation fee on site – in respect of such player, and (b) the moment each player signs the “Declaration on participation” before the Game starts – in respect of each player who has signed such a declaration. Pressing the virtual button “Send Request” by the player shall be deemed as an electronic statement within the meaning of the Electronic Document and Electronic Signature Act, by virtue of which the player declares that he/she is familiar with these GTCs and undertakes to unconditionally observe their provisions.
Brainwatch OOD is entitled at any time to unilaterally change these GTCs, where the respective change shall enter into force as of the publication of the amended GTCs on www.brain-watch.org. The players have to check by themselves for changes in the GTCs. Brainwatch OOD is not obliged to notify them for such changes by any other means. If the GTCs are amended after the player has booked a Game, the GTCs in their version before the amendment shall apply vis-à-vis the player and Brainwatch OOD.
Each player shall comply with the provisions of these GTCs. The player’s compliance with these GTCs is a condition precedent to his/her participation in the Game.
The price of one Game for 60/75 minutes depends on the number of players in each team.
Team of two – BGN 80
Team of three – BGN 90
Team of four – BGN 120
Team of five – BGN 150
Team of six – BGN 180
All prices include VAT.
In order to book a Game take a look at our calendar on the Booking section of the website. Choose a day and a free time slot and book it online. Our reservation system will guide you through all necessary steps. To make a booking you have to provide us with full, accurate and up-to-date data about your full names, phone number and e-mail. In the booking process you need to make a statement regarding your personal.
If the above data is not complete, true or up-to-date it remains within your responsibility and you may not be able to make a successful booking or may not be properly identified when you come to play the Game and linked to the particular reservation. In this case you may be denied access to the Room and participation in the Game. Brainwatch OOD shall not be held liable for this neither shall repay you the booking fee or the price for the Game nor shall owe you any compensation.
II. Payment methods
The price of the Game may be paid through one of the following payment methods:
1. Cash payment onsite
Visit us at 13, Bacho Kiro St., Sofia, and pay for your Game onsite.
2. Bank transfer to the following bank account:
Bank: “Unicredit Bulbank” AD
Recepient: „Brainwatch” OOD
Beneficiary: Brainwatch OOD
In the ‘grounds for payment’ field specify your full names and the date and time of your Game.
3. Payment via gift voucher
If you have a gift voucher just enter the code of the voucher into the *Voucher Code Field* of the booking system. If your voucher is for a team of two persons and you want to invite more friends to your team you can do so after paying additional fee per extra player onsite before the Game starts.
III. Order a voucher
To order a voucher please visit us onsite or send us an e-mail to email@example.com with the following details:
Your name, phone number and e-mail
the number of persons you would like to buy a Game for (at least 2)
the name of the person to which you shall give the voucher
We will send you an e-mail with a unique voucher code. To buy the voucher you need to pay for the whole Game in advance by cash payment onsite or via bank transfer to our bank account specified above. In the ‘reason for payment’ field of your payment order/deposit receipt please specify the unique voucher code. Following our receipt of the payment we shall issue the voucher. You may receive your voucher as a hard copy when you visit us onsite. Keep the cash receipt or the bank statement/payment order and give them to the recipient of the voucher. The voucher could be used only once against provision of the voucher and a copy of the payment document before the Game.
The recipient of the voucher could use it within its validity term by booking a Game and choosing a preferred time for playing. The validity term of each voucher is 6 (six) months as of its issue date.
One voucher could be used for payment of one Game only for such number of players as specified on the voucher. Each extra player shall pay a fee onsite before the Game starts.
1.Before the Game starts each player shall receive instructions on the Game rules and the safety rules.
2.Each player shall sign a Declaration on participation in which he/she shall confirm his/her consent to these GTCs and shall undertake to observe them.
3.Smoking is not allowed in the Rooms. Drinking and eating as well as consuming drugs is also forbidden.
4.Players who are visibly under the influence of alcohol or drugs shall be denied access. Access shall also be denied to players who show aggression.
5.The importation and use of weapons, ammunition, explosives, pyrotechnic products or other dangerous substances, narcotics, drugs and any other prohibited and/or dangerous to life and health of visitors’ substances is not allowed in the Room.
6.Since we are not able to care for your pets, please leave them at home.
7.The Room and the surrounding area including the yard of the building are under constant video surveillance. All persons are notified of the usage of technical means for surveillance and control without specifying their exact place through information signboards placed prominently. By placing a booking request and/or entry in the premises which are under video surveillance it is deemed that the players are informed of the ongoing surveillance and agree with it. Such surveillance is demanded not only by the nature of the Game but also by the safety and security of the players. The players also agree the video and audio recordings of the Game in which they participate to be stored by Brainwatch OOD for an unlimited period of time and to be used by the company for advertising, statistical and marketing purposes without limitation in time, place, media, ways and means of use. If the players do not agree to the foregoing, they may explicitly object by submitting of a written declaration onsite.
8.Each player participates in the Game on its own responsibility and risk. Each player is also responsible for keeping its personal belongings and luggage. Brainwatch OOD shall not be held responsible for lost, stolen or damaged personal belongings and luggage of the players.
9.If a person suffers from diseases that are activated or exacerbated by narrow or dark spaces, locked spaces, unusually strong or weak light, sudden light or sound, monotonous noise and the like, or suffers from claustrophobia or asthma, epilepsy, heart disease, or is in a state of pregnancy, participation in the Game is not recommended and is entirely on that person’s own responsibility.
10.If the health condition of a player or other important reasons so require the Game can always be interrupted and the player may get out of the Room.
11. Brainwatch OOD collects, processes and stores the personal data provided by the players only for the purposes of the Game and in compliance with the Personal Data Protection Act. The company shall not provide the personal data of the players to third parties. More information on the processing of the personal data provided by the players could be found in the Personal Data and Privacy Rules, published as a separate link on www.brain-watch.org.
12. Brainwatch OOD is entitled to send to each player automatic electronic messages related to the booking of a Game as well as electronic communication in respect of the services and promotions provided by Brainwatch Rooms, changes in the GTCs, surveys etc. By acceptance of these GTCs all players agree to receive commercial messages from Brainwatch OOD. In case you do not wish to receive such commercial messages, you have to send an explicit e-mail to our address for contact.
13.The puzzles and riddles including but not limited to the way they look, their design, model, components, elements, principles of action and sequence of action, the plot of the Game and all objects, mechanisms, devices, furniture, equipment and interior design of the Room are the result of the efforts of many people. In order their rights and their work to be protected it is not allowed to use any cameras, mobile phones, any other mobile devices such as iPad and iPod, laptops and any other recording, filming or broadcasting devices.
14. Brainwatch OOD reminds that any recording, filming, copying, reproduction, distribution, broadcasting or transmission of all or any parts of the interior of the Room or the objects, materials, mechanisms, devices, equipment, furniture or the puzzles and riddles of the Room without permission is a crime punishable with imprisonment with up to five years. Brainwatch OOD prohibits such activities in the Room. The company warns the players that each offender will be immediately removed from the Room, detained and handed over to the police and that the equipment he/she had used – confiscated by the police.
15.Each player shall not share or otherwise disclose any information about the plot of the Game and the puzzles and riddles in the Room, including but not limited to information about the appearance, design, model, components, elements, materials, principles of work of the mechanisms, the sequence of solving the puzzles and generally any information about the objects, materials, mechanisms, devices, equipment and furniture in the Room.
16.The trademarks, signs and logos of Brainwatch Rooms which are displayed on the website www.brain-watch.org or on our Facebook page or on all our advertising and promotional materials are the intellectual property of Brainwatch OOD and cannot be used by anyone in any way or by any means, without the prior, express written consent of Brainwatch OOD.
17.Due to the complexity of the Game it is not eligible for persons under 16 years of age. As an exception and upon discretion of the operator of the Room persons which are under 16 years of age may be granted access to the Game if only, they are a part of a team of adults. In order to participate in the Game after 22:00 p.m. a person who is between 14 and 18 years of age must be accompanied by a parent, guardian, custodian or other person who takes care of him/her. If the parents, custodians or other persons who take care of the minor could not accompany him/her during the Game they have to ensure that the minor is accompanied by a capable adult when visiting the Room after 22:00 p.m. All players under the age of 16 may play the Game only accompanied by two adults.
Brainwatch OOD is entitled to refuse access to the Room to a person who has to be accompanied but is not, or where the companion does not meet the requirements set out in the above paragraph irrespective of whether these persons have made a booking or have paid the price for the whole Game. Where Brainwatch OOD refuses access to the Room as provided for the preceding sentence Brainwatch OOD is not obliged to refund the booking fee or the price paid for the whole Game or to pay any compensation to the persons to which access was denied.
18. The persons who do not comply with these GTCs shall be asked to leave the Room irrespective of whether they have already made a booking or paid the full price for the Game and irrespective of whether the Game has already started. If they refuse to leave the Room and the surrounding areas voluntarily, they shall be forced to do so by the police authorities as envisaged in law. In such cases Brainwatch OOD shall not owe to the persons that have left or have been forced to leave repayment of the reservation fee, the full price for the Game or any compensation.
19.Without prejudice to the application of the mandatory provisions of the law, the responsibility of Brainwatch OOD for damages related to or arising from the services offered by the company, including damages caused by the company in, under or in connection with the organization and conduct of the Game in the Room shall be limited to liability for intent and gross negligence, and in proprietary terms – to the price paid by the persons for the respective services (e.g. the booking fee, the whole price of the Game).
20. Brainwatch OOD accepts no personal or material liability for damages caused to the participants in the Game as a result of their improper use of the Game’s puzzles and elements or violation of these GTCs.
21. Brainwatch OOD is not liable in cases of force majeure, as well as where other circumstances which are not under the control of the company or which the company could not foresee or prevent and which hinder the conduct of the Game or interrupt it (e.g. natural disasters, poor weather conditions, strikes, rioting, military situation, legislative changes or acts of the competent authorities, problems with access to Internet, electricity outages and the like).
22.To solve the puzzles you do not need physical strength nor the use of pressure, tension or other similar acts. Each player has to preserve the integrity and not to break, damage, steal or otherwise harm the elements of the Game. “Elements of the Game” include any parts of the interior or exterior of the Room, the puzzles and riddles of the Room and all other object, materials, mechanisms, devices, equipment and furniture, located in Room
23. Brainwatch OOD is entitled to make financial or other claims to the players for breach of these GTCs or the law. Brainwatch OOD is entitled to make financial or other claims to the players for any damage (incurred loss and lost profit) resulting from the improper use of elements of the Game or from broken, damaged, lost or stolen elements of the Game. The players who have caused the damages or have contributed directly or indirectly that the same occur owe compensation to Brainwatch OOD. The players understand and agree that the damages suffered by Brainwatch OOD may result not only in the costs of restoring the broken, damaged, stolen or missing element, but also in the closing of the Room for an indefinite period of time, in failure to accept new bookings or in failure of already made bookings or scheduled Games of other players, in payment of compensation for such failed bookings or Games and so on.
24.Your opinion is important to us. Brainwatch OOD maintains a special register for praises, complaints and claims in the Room. Claims are accepted throughout the working hours of the Room as well as at the registered address of the company. You are free to leave your opinions, recommendations and comments on our Facebook page, at the office e-mail: firstname.lastname@example.org, in Trip Advisor and wherever else convenient.
25.Upon oral or written agreement of the player the operator of the Room or any other person from the Brainwatch OOD team can take pictures of them or make sound and/or video recordings. These photos, sound and video recordings are the property of Brainwatch OOD and may be used by the company for advertising, marketing and promotional purposes including without limitation by being copied, reproduced, stored, modified, disclosed, published and distributed in any forms, on any media and in any environment without limitation in time or place, including but not limited to printed materials, Facebook, other social networks, on the website www.brain-watch.org, in Internet etc., without Brainwatch OOD to owe any remuneration or compensation to the persons so recorded or photographed. The ownership rights and the intellectual property rights in these photographs, video and audio recordings are the sole property of Brainwatch OOD.
PRIVACY AND PERSONAL DATA PROTECTION RULES
To deliver its services Brainwatch OOD collects certain information related to the participants in the Game. The provision of any information by the participants, irrespective of whether such information could identify them or not, is voluntarily and is subject to the General Terms and Conditions for Participation in the Game and Usage of the Services Provided by Brainwatch OOD (the “GTCs”) and these Privacy and Personal Data Protection Rules (the “Rules”), being an inseparable part of the GTCs.
1.What information is collected and how do we use it?
1.1. Information about the participants in the Game
To book a Game the participants shall fill-in an online booking form where they shall disclose their full names, e-mail and phone. Failing to do so, the participants could not successfully book a Game.
Onsite, before the beginning of the Game each player shall fill-in and sign the “Declaration on participation. The filling-in and signing of this Declaration on participation is a condition precedent to each player’s participation in the Game.
During the Game the players are under video and audio surveillance and video and audio recordings are being made.
Brainwatch OOD needs all this data in order to:
communicate with the players about their booking request and reservation;
prevent the ‘theft’ of bookings;
communicate with the players about goods and services offered by Brainwatch OOD;
organize and carry out the Game and give hints to players if necessary;
secure the safety of players and employees of Brainwatch OOD both before, during and after each Game;
carry out surveys and inquiries.
Brainwatch OOD is entitled to send to each player automatic electronic messages related to the booking of a Game as well as electronic communication in respect of the services and promotions provided by Brainwatch OOD, changes in the GTCs, surveys etc. By acceptance of the GTCs all players agree to receive commercial messages from Brainwatch OOD. In case you do not wish to receive such commercial messages, you have to send an explicit e-mail to our address for contact: email@example.com
1.2. Information related to the usage of the website www.brain-watch.org
Brainwatch OOD automatically gathers and stores information related to the usage of the website www.brain-watch.org (the “Website”), such as the pages a user views on the Website, referring URLs, websites users visit using a link from the Website, the date and time of such visits, IP addresses, browser type, number of impressions of a banner on the Website, number of clicks on the banner and so on. This information does not allow identification of each particular user and is used to study and track users’ behavior, habits and interests, to analyze the efficiency of advertising, for statistical purposes and to improve the services offered on or through the Website.
2.1. Third party service providers
In order to perform maintenance and administration of the Website, as well as in the course of processing of information for statistical and marketing purposes, testing of the Website, processing of payment information and using other services related to the Website, your data may be disclosed to third parties, to which Brainwatch OOD outsourced certain services related to maintenance of the Website and receipt of payments. These data will be disclosed only to the extent which is necessary for the performance of the assigned work. Third parties service providers to Brainwatch OOD will NOT be authorized to use your personal data for purposes other than those referred to in these Rules.
2.2. Business transfers
Brainwatch OOD shall NOT provide to third parties the personal data collected from the users when making a booking for the Game or through the Declaration on participation.
2.3. Disclosure of personal data
Brainwatch OOD shall not disclose to third parties any personal information about the participants in the Game, except for:
when such a disclosure is explicitly provided for in these Rules, the GTCs or when the participant has explicitly given his/her consent.
in case Brainwatch OOD is required to do so by operation of law;
where such a disclosure is required by the police authorities, judicial authorities, or by other state or municipal authorities authorized to collect such information in conformity with the established procedures and rules;
when the disclosure of personal data by Brainwatch OOD is necessary for the protection of the rights, legitimate interests and reputation of Brainwatch OOD, its affiliates, the participants in the Game and any other third party.
Your rights related to Personal Data
Brainwatch OOD collects, stores and processes the personal data provided by you in conformity with the Personal Data Protection Act. Brainwatch OOD has adopted policies and rules for protection of your personal data. These policies and rules include measures of administrative and technical nature. Brainwatch OOD follows all generally accepted standards for protection of personal data at the time of its receipt and thereafter. However, in cases of force majeure, unlawful actions by third parties (hackers), as well as in case the participants in the Game make their personal information available to third parties, Brainwatch OOD shall not be responsible for the security of this information or for any damages that arise from its disclosure.
2.5. Your rights
You are entitled to:
- provide us with information about you including information which may allow your identification (personal data);
- update your information submitted during the process of online booking or by filling-in the Declaration on participation;
- know whether Brainwatch OOD processes your personal data, the type of data and the categories of recipients to which your data is disclosed or may be disclosed; the source of your personal data;
- receive a message containing your personal data which are processed by Brainwatch OOD;
- receive information about the logic involved in any automatic processing of your personal data;
- request that Brainwatch OOD deletes, corrects or blocks your personal data, the processing of which is in conflict with the law;
- request that Brainwatch OOD notifies any third parties to whom your personal data have been disclosed of any deletion, correction or blocking of your personal data, except in cases where this is not possible or involves a disproportionate effort or costs by Brainwatch OOD;
- object to the processing of your personal data for direct marketing purposes;
- be notified before your personal data are disclosed for the first time to third parties or used on their behalf for the purposes of direct marketing and to be provided with the opportunity to object to such disclosure or use.
You can exercise your rights under this Section 3.2 of the Rules, by sending us a written request using registered mail or by bringing it in person to our office. You can do this either in person or through an explicitly authorized proxy (a notarized power-of-attorney is required). Your request should include: your name, address, telephone and other data through which we can identify you and contact you; description of your request; your preferred form to receive the requested information; signature, date of application and mailing address; a notarized power-of-attorney in case the actions are carried out by proxy.
If your request is reasonable and is addressed to Brainwatch OOD in the above manner, Brainwatch OOD can provide the information you requested in the form of verbal or written reference or review of the data in our office. You may request a copy of your personal data processed by us on a preferred carrier (which is provided by you) or electronically, except if this is not allowed by operation of law.
Brainwatch OOD shall deny access to personal data, if such personal data do not exist or their provision is prohibited by law or if it is not possible the personal data of the applicant to be separated from the personal data of other persons without making disproportionate efforts or incurring significant costs by the administrator of personal data.
Please send any inquiries or comments in respect of these Rules or the GTCs to our e-mail: firstname.lastname@example.org