General Terms and Conditions
1. scope of application
These General Terms and Conditions (hereinafter “GTC”) apply to the business relationship between Foxtrail Schweiz GmbH and its customers in connection with the use of the digital product Foxtrail GO, in particular for online bookings, the purchase of access or games, in the version valid at the time the contract is concluded.
Deviating general terms and conditions of the customer are excluded unless their validity has been expressly confirmed in writing by Foxtrail Schweiz GmbH.
2. subject matter of the contract
2.1 Foxtrail GO experience
Foxtrail GO is a digital, self-guided outdoor game that is used via a mobile application (app), which must be downloaded to a compatible device in advance.
Participation is independent, unaccompanied and completely digital, without physical posts, installations or on-site support.
The game experience is based on tasks, puzzles and clues that are provided via mobile devices and can lead participants to a route or to specific locations in public spaces.
Foxtrail GO mainly takes place in public spaces. The responsibility for behavior in public spaces lies exclusively with the participants.
2.2 Conditions of use
A compatible smartphone with the Foxtrail GO app installed, an internet connection, activated location services and sufficient battery capacity is required to use Foxtrail GO. Participants are responsible for meeting these requirements themselves.
2.3 Foxtrail GO booking and activation
The booking of a Foxtrail GO experience includes access to a specific digital game or a defined game environment as well as any additional content as per the booking confirmation. There is no fixed start time for Foxtrail GO. The game can be started at any time within the scope of the respective product description. The service provision begins with the activation of the game, at the latest with the first start or access to the game content.
3 Contractual partner and conclusion of contract
The contract is concluded between the customer and Foxtrail Schweiz GmbH, based in Lucerne. By completing the order process and activating Foxtrail GO, the customer submits a binding offer. The contract is concluded as soon as Foxtrail Schweiz GmbH activates the customer’s access to the game or sends a corresponding booking or access confirmation electronically.
4. services provided by Foxtrail GO
4.1 Scope of services
The scope of services of Foxtrail GO comprises exclusively the digital provision of the game content, including tasks, clues, puzzles and route information in accordance with the respective product description.
There is no entitlement to specific routes, locations, content, difficulty levels or a specific playing time.
4.2 Provision of services
The services are deemed to have been provided as soon as the game has been activated or started for the first time. From this point in time, the service is fully available for use and the contract has been fulfilled by Foxtrail Schweiz GmbH.
Cancellation of the game, non-execution or non-completion by the customer shall not give rise to any entitlement to a refund, rebooking or replacement.
4.3 Use of the application and technically necessary technologies
The use of the Foxtrail GO app is required for the independent use of Foxtrail GO. By using the app, the user agrees to the use of technically necessary technologies (e.g. local storage, app-internal functions).
In accordance with Art. 45c TCA and the nDSG, no separate consent is required for technically necessary technologies. Other technologies are only used with the express consent of the user.
5. payment
Payment is made exclusively online using the payment methods offered. The payment methods shown in the booking process are accepted (e.g. credit cards, TWINT, PostFinance, REKA).
There is no entitlement to certain payment methods. No claims can be derived from technical failures of individual payment systems.
Foxtrail Schweiz GmbH reserves the right to check compliance with the ticket obligation. If it is determined that more persons subject to ticketing requirements are participating in Foxtrail GO than there are valid tickets available, Foxtrail Schweiz GmbH is entitled to invoice the corresponding tickets retrospectively. The subsequent charge will be made at the prices valid at the time of participation. The purpose of the review is to ensure fair conditions of participation for all guests.
6. tickets and validity
6.1 Foxtrail GO tickets
Foxtrail GO is offered via personalized tickets. A ticket entitles the holder to participate in a specific Foxtrail GO game and is valid for a period of 12 months from the date of purchase, unless otherwise stated in the respective product description.
Within the period of validity, the ticket can be redeemed flexibly and without a fixed start time. After expiry of the validity period, the ticket expires without replacement.
6.2 Third-party and promotional vouchers
The redemption conditions and deadlines communicated by the issuer apply to vouchers from third-party or partner promotions (e.g. collective promotions).
7. gaming experience and warranty
Foxtrail Schweiz GmbH endeavors to provide a functioning and entertaining gaming experience. Nevertheless, there may be restrictions or impairments, in particular due to
- Individual playing and running speeds
- GPS inaccuracies or location deviations
- Device settings, operating systems or software versions
- Internet or mobile phone coverage
- Battery life or technical limitations of the end device
- External influences such as weather, traffic or construction sites
These circumstances are beyond the control of Foxtrail Schweiz GmbH. A gaming experience that is subjectively perceived as unsatisfactory does not justify any claim to warranty, reimbursement or compensation.
8. conditions of participation
8.1 Minimum age
Participation in Foxtrail GO requires a ticket for persons aged 12 and over. A valid ticket is required for every participating person aged 12 and over, regardless of the type of participation. This applies regardless of whether a person is actively playing via their own mobile device in the Foxtrail GO app or is merely participating as an accompanying person.
Persons under the age of 12 do not require a ticket if they are only participating as an accompanying person and are not using the game independently via a mobile device.
As soon as persons under the age of 12 independently access the Foxtrail GO app via their own mobile device and take part in the game, they also require their own ticket.
8.2 Personal responsibility
Participation in Foxtrail GO is at the participant’s own risk. Participants are obliged to behave safely, prudently and in accordance with the local conditions.
8.3 Smartphone and technology
Participants are responsible for ensuring that their end device is functional, sufficiently charged and technically suitable. Any costs for data connections or additional services shall be borne by the participants.
9 Liability and insurance
Participation in Foxtrail GO is at your own risk. Insurance is the responsibility of the participants.
To the extent permitted by law, Foxtrail Schweiz GmbH accepts no liability for direct or indirect personal injury or damage to property arising in connection with the use of Foxtrail GO.
Liability for intent or gross negligence in accordance with Art. 100 OR remains reserved.
10. changes to the offer
Foxtrail Schweiz GmbH reserves the right to adapt, expand or restrict the content, functions or scope of Foxtrail GO at any time.
11 Copyright and rights of use
All contents of Foxtrail GO are protected by copyright. Copying, passing on, reproducing or publishing content is not permitted without the express consent of Foxtrail Schweiz GmbH.
12 Other provisions
12.1 Website
All content on our website has been created with care and to the best of our knowledge. However, no guarantee can be given for the topicality, completeness and correctness of all pages.
12.2 Changes to the GTC
Foxtrail Schweiz GmbH reserves the right to amend these GTC at any time. The version published at the time the contract is concluded shall apply.
12.3 Severability clause and completeness
Should a provision of the contract between Foxtrail Schweiz GmbH and its customers be or become invalid, this shall not affect the validity of the remainder of the contract. The contracting parties shall replace the invalid provision with a valid provision that comes as close as possible to the intended economic purpose of the invalid provision. This provision shall apply accordingly to any loopholes in the contract.
The reservation/order confirmation and these GTC, together with the explanations to the “Frequently Asked Questions” (FAQ) on the Foxtrail Schweiz GmbH website, constitute the entire legal agreement between Foxtrail Schweiz GmbH and the customer. There are no contractual side agreements.
12.4 Place of jurisdiction and applicable law
These GTC and all legal relationships arising from them are subject to substantive Swiss law to the exclusion of the CISG.
The place of jurisdiction is the registered office of Foxtrail Schweiz GmbH.