Booking Terms and Conditions
These Terms and Conditions, together with any and all other documents referred to herein, set out the terms under which Escape Games are provided at Our places of business and sold by Us through this website, www.historymysterygame.com .co.uk or .uk or www.historymysteryescape.com .co.uk or .uk (“Our Site”). Please read these Terms and Conditions carefully and ensure that You understand them before booking any Escape Games from Our Site. These Terms and Conditions govern the basis on which Customers will be sold Escape Games, admitted to an Escape Game and must conduct themselves during their Escape Game. Any person who does not comply with these terms and conditions in full may be asked to leave their Escape Game by an Employee and no refund will be given. Terms and Conditions, as well as any and all Contracts are in the English language only.
1. Definitions and Interpretation
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Contract” means a contract for the purchase and sale of Escape Games, as explained in Clause 8.2;
“Customer(s)/You/Your” means any person who has purchased, won, been booked to play or has played an Escape Game, either as the primary booking holder or as part of a team of players;
“Booking” means Your booking for an Escape Game;
“Booking Confirmation” means our email acceptance and confirmation of Your Booking which also acts as Your and Your team’s ticket for Your Escape Game;
“Employee” means any person authorised to act on behalf of the company whether a permanent employee of the company or not;
“Escape Game(s)” means the History Mystery™ escape game, a live interactive heritage gaming experience, in whatever format or location that it is made available by Us to You as specified in Your Booking (and confirmed in Your Booking Confirmation); and
“We/Us/Our” means Captivate Heritage Ltd a limited company registered in England and Wales number 9647695.
2. Information About Us
2.1 History Mystery is a trademark and trading style of Captivate Heritage Ltd.
2.2 Our Site, www.historymysterygame.com .co.uk or .uk or www.historymysteryescape.com .co.uk or .uk, is owned and operated by Captivate Heritage Ltd, a limited company registered in England and Wales number 9647695, whose registered address is Towlers Court, 30A Elm Hill, Norwich, NR3 1HG and whose main trading address is The Guildhall, Gaol Hill, Norwich NR2 1JS. Our VAT registration number is 227 2405 31.
3. Access To and Use of Our Site
3.1 Access to Our Site is free of charge.
3.2 It is Your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to You in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4. Age Restrictions and Booking Responsibility
4.1 Customers may only purchase Escape Games through Our Site if they are at least 18 years of age.
4.2 Escape Games are suitable for age 10 years and up and at least one adult must be present for groups that contain players under 16 years of age. Children under 8 years of age are not permitted in our standard Escape Game rooms as they are designed to be played by adults and older children, so do not contain elements suitable to entertain younger children for an hour. In addition, rooms are not designed to be child-safe and contain items, such as cupboard doors and small objects, that could be hazardous to young children whilst accompanying adults are distracted by the game. Any of our games that are suitable for younger children will be clearly advertised as being games for children.
4.3 Where a Customer is booking tickets on behalf of themselves and other members of a group, that person must be authorised to make the booking on the basis of acceptance of these Booking Terms and Conditions by all persons involved in the booking and by a parent or guardian for anyone under 18 years of age when the booking is made.
4.4 Bookings can only be made via the online booking system on Our Site or in person at our business premises. You are entirely responsible for entering your details correctly on Our online booking system.
4.5 Your Escape Game is a live event with a scheduled start time and You are responsible for ensuring that all of your group of players arrive at the time stated on Your Booking Confirmation, which is generally 10 minutes before your game start time. Escape Games will not be delayed for late arrivals, although we will allow late arrivals into the room after your Escape Game has begun. The Escape Game clock may be started without You if you fail to arrive by the game start time stated on Your Booking Confirmation and You will have the remainder of Your booked hour to complete your Escape Game. If none of your party has arrived 15 minutes after your booked game start time, this will be treated as no-show and we will have to refuse entry to Your Escape Game if there is an Escape Game booked in the following slot. No refund is available for no-shows, although you may be able to rebook your Escape Game for another time, subject to availability.
4.6 It is your responsibility to make your way to our business premises to play Your Escape Game at the time stated on Your Booking Confirmation. We do not provide parking or other travel facilities and any travel information provided on Our Site is only done so as an aid to planning your visit. We cannot be held responsible for any failure of transport arrangements that result in Your booking being a no-show.
5. Business Customers
These Terms and Conditions do not apply to customers purchasing Escape Games in the course of business that are part of a bespoke corporate event, but they do remain applicable for standard Escape Games purchased by business customers and all individuals playing those Escape Games. If You are a business customer who wants a bespoke event, please contact us on firstname.lastname@example.org or via Our contact page for our Event Booking Terms and Conditions for corporate events.
6. Gameplay and Conduct
6.1 Our Escape Games are designed for teams of 2 to 8 people per room, depending on individual Escape Game capacity, unless indicated otherwise on Our Site. Escape Games are designed and tested to ensure that the majority of customers will take at least an hour to complete their Escape Game, whatever of the size of the group. We cannot be held responsible for groups who may have prior knowledge of the contents or mechanisms of Escape Games or who are exceptional game players. No refund of any amount will be given if the Escape Game is finished early, or if Customers, including children, decide not to proceed with or complete their Escape Game.
6.2 Due to the nature of Escape Games no recordings can be taken by Customers of any part of Escape Games at anytime. That includes (without limitation) the use of mobile phones, recording devices (video and/or audio) and cameras. The use of such devices in Escape Game rooms is not permitted at any time and any attempted use of such devices may result in the Escape Game being ceased early with no refund.
6.3 We expect Customers to not disclose any details of their Escape Game directly or indirectly to anybody outside their own group of players. Escape Games contain Our intellectual property and You are not permitted to use this in any way without Our written consent. You accept that any such disclosure or use may constitute an infringement of Our intellectual property rights.
6.4 We are entitled to charge Customers for any damage which is intentional and/or caused by misuse of items.
6.5 While on our premises, Customers must conform to our policies and procedures, adopt proper standards of behaviour, and cooperate with our Employees at all times. People under influence of alcohol or drugs may be turned away or removed from Escape Games by our Employees and their Escape Game cancelled or ceased early with no refund.
6.6 We do not tolerate any kind of bullying or harassment towards our Employees and reserves the right to remove from Escape Games and our premises any person who is violent, abusive, threatening or disruptive or whose behaviour is causing distress to other Customers or Employees, with no refund for booked or partially played Escape Games.
6.7 You will receive instructions before the Escape Game in the form of a briefing given by an Employee. After learning the rules of the Escape Game and receiving the information provided at the briefing, You and Your group will participate in the event at Your own risk. We are not liable for any damage caused to persons, possessions or materials by Your failure to follow the instructions given before the event and signage in the Escape Game room.
6.8 Closed circuit television will be used to monitor You and Your team during the course of your Escape Game. This includes audio monitoring and is an essential part of the Escape Game. Recordings are not made and will not be stored of Your Escape Game, except for documenting evidence of illegal behaviour, such as committing wilful damage to property or listed buildings.
6.9 Photographs of You and Your team will be taken after the Escape Game, stored on Our computer systems and uploaded to Our Site and social media accounts, showing your team name but not Your own names. By accepting these Terms and Conditions and permitting Our Employee to take photographs, You grant unconditional permission for those photographs to be used by Us for marketing and promotional purposes. If You do not want your team photograph to be held by us and used for in this way, please advise Our Employee at the time your photo is taken.
6.10 Consumption of food is not permitted inside any of Our Escape Game rooms and drinks are only allowed in at discretion of our Employees, and even then only in closed screw-top containers that must remain away from the main game area at all times. We do not provide any smoking facilities.
7. Escape Games, Pricing and Availability
7.1 We make all reasonable efforts to ensure that all general descriptions of the Escape Games available from Us correspond to the actual Escape Games that will be provided to You, however please note that the exact nature of the Escape Games may vary at any time.
7.2 Please note that sub-Clause 7.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to variations of the correct Escape Games, not to different Escape Games altogether.
7.3 We neither represent nor warrant that all Escape Games will be available at all times and cannot necessarily confirm availability until confirming Your Booking. Availability indications are provided on Our Site however, such indications may not take into account bookings that have been placed by other customers during Your visit to Our Site.
7.4 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any Booking that You have already placed (please note sub-Clause 7.8 regarding VAT, however).
7.5 In the unlikely event that We have shown incorrect pricing information, please note that we will contact You in writing before proceeding with Your Booking to inform You of the mistake and to ask You how You wish to proceed. We will give You the option to purchase an Escape Game at the correct price or to cancel Your Booking. We will not proceed with processing Your Booking until You respond. If We do not receive a response from You within 48 hours, We will treat Your Booking as cancelled and notify You of the same in writing.
7.6 In the event that the price of Escape Games You have booked changes between Your Booking being placed and Us processing that Booking and taking payment, You will be charged the price shown on Our Site at the time of placing Your Booking.
7.7 All prices on Our Site include VAT. If the VAT rate changes between Your booking being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
8. Bookings and Cancellation
8.1 Our Site will guide You through the booking process. Before submitting Your Booking to Us You will be given the opportunity to review Your Booking and amend any errors. Please ensure that You have checked Your Booking carefully before submitting it. As a live event, Bookings can not be cancelled for a full or partial refund once confirmed and opportunities to reschedule Your Escape Game are limited and subject to booking availability.
8.2 No part of Our Site constitutes a contractual offer capable of acceptance. Your Booking constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of Your Booking does not mean that We have accepted it. Our acceptance is indicated by Us sending You a Booking Confirmation by email. Only once We have sent You a Booking Confirmation will there be a legally binding contract between Us and You (“the Contract”).
8.3 Booking Confirmations shall contain Our contact details and the following information:
8.3.1 Confirmation of the Escape Game booked including details of the time and place of the Escape Game and the maximum number of players for whom the booking is valid;
8.3.2 Itemised pricing for the Escape Games booked including, where appropriate, taxes and other additional charges;
8.4 Your Booking Confirmation is also Your ticket to Your Escape Game and valid for up to the number of people shown on the booking confirmation. Your Booking Confirmation email is also proof of payment and will gain you entrance to Your Escape Game. You need to present Your Booking Confirmation email either as a print out, or on a mobile device to gain entry. Without Your Booking Confirmation email You may be denied entry if you have no other proof of identity.
8.5 If We, for any reason, do not accept or cannot fulfil Your Booking, no payment shall be taken under normal circumstances. If We have taken payment any such sums will be refunded to You as soon as possible and in any event within 14 working days.
8.6 You may reschedule Your Booking at any time up to the booking date and time shown on Your Booking Confirmation email, however the choice of times available for rescheduling will be limited by existing bookings. To reschedule Your Booking must contact Us using the contact details shown on Your Booking Confirmation. We do not guarantee that a suitable time will be available for You to reschedule to and if You decide to cancel then no refund will be given.
8.7 If You change Your Booking, We will confirm all agreed changes in writing via email.
8.8 Due to the nature of Escape Games being live events, Your Booking is non-refundable and if You cancel for any reason, or less players attend the game than were paid for, You will not be entitled to a refund. Customers who book and do not attend their Escape Game at their designated time, or leave their Escape Game before the end of their designated time are not entitled to any refund or compensation.
8.9 We may cancel Your Booking at any time before their scheduled commencement time in the following circumstances:
8.9.1 The required personnel and/or required materials necessary for the provision of the Escape Games are not available; or
8.9.2 An event outside of Our control occurs that prevents Escape Game rooms from being used (please refer to Clause 13 for events outside of Our control).
8.9.3 Full payment for Your Booking has not been received by 48 hours prior to the date and time of Your Booking.
8.10 If We cancel Your Booking under sub-Clause 8.9 and We have taken payment any such sums will be refunded to You as soon as possible and in any event within 14 working days. If We cancel Your Booking, You will be informed by telephone and the cancellation will be confirmed in writing by email.
8.11 If You have claimed a discount based on Your status as the member of an organisation or scheme (e.g. a student or discount card holder) You must prove your eligibility for that discount with relevant identification. In the event of being unable to prove eligibility for the discount, You may be denied entry unless payment of the balance up to full price for Your Booking is made.
9.1 Payment for the Escape Games will be due in full at the time of booking. Price and payment details will be confirmed during the booking process prior to payment and on Your Booking Confirmation. Your chosen payment method will be charged as indicated during the booking and payment process.
9.2 We accept the following methods of payment on Our Site, through our booking service supplier Checkfront and secure payment processor SagePay, who process your payment card data without it having to be held by Us:
9.2.1 Visa Debit and Credit Card;
9.2.2 MasterCard Debit and Credit Card;
9.2.3 American Express.
9.3 We do not charge any additional fees for any of the payment methods listed in sub-Clause 9.2
9.4 The price is set according to number of Customers playing within the same booking and are for exclusive use of the Escape Game room for the duration of Your Escape Game of up to one hour.
9.5 Payment can only be made online or in person at our business premises.
9.6 Refunds will not be given if less than the number of people shown on Your Booking Confirmation play the Escape Game.
9.7 Additional players, up to the maximum number for Your Escape Game, can be added if You contact us in advance using the contact details shown on Your Booking confirmation or in person immediately prior to Your Escape Game.
9.8 Additional players will be charged for according to the rate for Your new size of Booking.
9.9 If advanced payment taken for Your Booking is subsequently revoked or refunded in any way or by any means then Your Booking will be automatically cancelled and You will be required to rebook and present valid payment if You wish to play Your Escape Game.
9.10 We may offer You, entirely at our discretion, the ability for You to make a reserved booking without requiring payment at the time of reservation. Your Booking remains unconfirmed until full payment has been received and Your Booking will be cancelled by Us if full payment has not been received by 48 hours prior to the date and time of Your Booking.
9.11 Discounts, promotional codes and vouchers must be applied at the time of booking and once a booking has been confirmed no retrospective reduction in price or refund can be given. You must fully meet the criteria for any discount claimed, otherwise We are entitled to request full payment is made before Your Escape Game takes place. We reserve the right to change or withdraw the availability of any discount or promotion at any time.
10. Provision of the Escape Games
10.1 As required by law, We will provide Your Escape Game with reasonable skill and care, and in accordance with any information provided by Us about the Escape Games and about Us. We will provide Your Escape Game on the date agreed when You make Your Booking (which We shall confirm in the Booking Confirmation).
10.2 We will make every reasonable effort to provide Your Escape Game in a timely manner at the commencement time stated on Your Booking. We cannot, however, be held responsible for any delays if an event outside of Our control occurs. Please refer to Clause 13 for events outside of Our control.
10.3 In certain circumstances, for example where We encounter a technical problem, We may need to delay, suspend or otherwise interrupt Your Escape Game to resolve the issue. If this occurs before You have reached our business premises we will attempt to inform You in advance by telephone or email.
10.4 If Your Escape Game is delayed, suspended or interrupted by Us under sub-Clause 10.3 and You are unable to complete Your Escape Game You will be offered the opportunity to reschedule Your Escape Game.
11. Problems with the Escape Games and Your Legal Rights
11.1 We always use reasonable endeavours to ensure that Our Escape Games are trouble-free. If, however, there is a problem with the Escape Games please contact Us as soon as is reasonable possible via email@example.com.
11.2 We will use reasonable endeavours to remedy problems with the Escape Games as quickly as is reasonably possible and practical.
11.3 As a consumer, You have certain legal rights with respect to the purchase of services. For full details of Your legal rights and guidance on exercising them, it is recommended that You contact Your local Citizens Advice Bureau or Trading Standards Office.
11.4 Nothing in these Booking Terms and Conditions is intended to affect Your statutory rights.
12. Our Liability
12.1 We accept no liability for consequential losses incurred as the result of the cancellation or premature cessation of a Booking under any circumstances. The absolute limit of direct liability relating to any one Booking shall be the full amount paid by the Customer for that Booking.
12.2 We provide Escape Games for private use or purposes. We make no warranty or representation that the Escape Games are fit for commercial, business or industrial purposes of any kind. We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
12.3 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
12.4 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for failing to perform the Escape Games with reasonable care and skill or in accordance with information provided by Us about the Escape Games or about Us.
12.5 Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
13. Events Outside of Our Control (Force Majeure)
13.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
13.2 If any event described under this Clause 13 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
13.2.1 We will inform You as soon as is reasonably possible;
13.2.2 Our obligations under these Terms and Conditions (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
13.2.3 We will inform You when the event outside of Our control is over and provide details of any new dates, times or availability of Escape Games as necessary;
13.2.4 If the event outside of Our control continues beyond the period of Your Booking We may cancel the Contract and inform You of the cancellation. Any refunds due to You as a result of that cancellation will be paid to You as soon as is reasonably possible and in any event no later than 14 calendar days after the date on which We inform You of the cancellation;
13.2.5 If an event outside of Our control occurs and continues beyond the period of Your Booking and You wish to cancel the Contract as a result, You may do so. Any refunds due to You as a result of such cancellation will be paid to You as soon as is reasonably possible and in any event no later than 14 calendar days after the date on which You inform Us that You wish to cancel.
14. Communication and Contact Details
14.1 If You wish to contact Us with general questions or complaints, You may do so by email at firstname.lastname@example.org, or by post at History Mystery, The Guildhall, Gaol Hill, Norwich NR2 1JS.
14.2 For cancellation or to reschedule Your Booking, please contact our game staff by telephone or email using the contact details provided on Your Booking Confirmation or use the website links provided.
14.3 For other matters relating to Your Booking, please contact Our site manager directly by telephone or email using the contact details provided on Your Booking Confirmation.
15. Complaints and Feedback
15.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.
15.2 All complaints are handled by our site managers and reviewed by our Customer Experience Director. If You wish to complain about any aspect of Your dealings with Us, please contact Us in one of the following ways:
15.2.1 In the first instance, addressed to Our site manager directly by telephone or email using the contact details provided on Your Booking Confirmation;
15.2.2 By email, addressed to the Customer Experience Director at email@example.com;
15.2.3 Using Our contact page available on Our Site.
16. How We Use Your Personal Information (Data Protection)
16.1 All personal information that We may collect (including, but not limited to, Your name, address and telephone number) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and Your rights under that Act.
16.2 We may use Your personal information to:
16.2.1 Provide Our services to You;
16.2.2 Process Your Booking (including payment) for Your Escape Game; and
16.2.3 Inform You of new products and/or services available from Us or special events (if You opt or have previously opted to receive it). You may request that we stop sending You this information at any time.
16.3 We will not pass on Your personal information to any third parties.
17. Other Important Terms
17.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, You will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
17.2 You may only transfer (assign) Your Booking and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express permission by contacting Us using the contact details provided on Your Booking Confirmation at least 24 hours prior to Your Booking.
17.3 The Contract is between You and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
17.4 Your Bookings may not be transferred or resold for commercial purposes or at a premium. If a booking is transferred or resold in breach of this condition, the bearer of the booking or the person claiming the right to attend the event will be refused admission to the Escape Game.
17.5 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
17.6 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
17.7 We may revise these Terms and Conditions from time to time in response to changes in relevant laws and other regulatory requirements. Any Booking made by You will remain under the Terms and Conditions in force at the time the Booking was made.
18. Law and Jurisdiction
18.1 These Terms and Conditions, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
18.2 If You are a consumer, any disputes concerning these Terms and Conditions, the relationship between You and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by Your residency.
18.3 If You are a business, any disputes concerning these Terms and Conditions, the relationship between You and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.