General terms and conditions
for the area of airsoft events
§ 1 Scope of application of the Terms and Conditions
Booking AIRSOFT Arena events with Laser Arena AG takes place subject to the following Terms and Conditions.
§ 2 Conclusion of the Contract
1. By registering to participate in a booking, which can take place in writing, orally, by telephone or via the Internet, the participant(s) is/are offering to enter into a binding contract on the basis of the relevant description, these Terms and Conditions and all supplementary information communicated during purchase or the booking process. The contract shall take effect with acceptance of the registration by AIRSOFT ARENA. We shall inform you of such acceptance, which requires no specific form, by communicating our confirmation (booking confirmation) to you.
2. The participant shall check immediately whether the confirmation conforms to the information submitted by him/her during the order process. Discrepancies shall be communicated without delay by the participant to AIRSOFT ARENA. Should the participant not have received confirmation 7 days after booking or 3 days before the date of execution of the booking, then (s)he undertakes to immediately contact AIRSOFT ARENA.
3. Registrations by telephone are confirmed verbally on the telephone. In the case of a booking in writing, you will be informed by e-mail or receive a booking confirmation.
4. The participant shall be liable for all obligations arising from the contract and relating to participants whom (s)he has registered and shall ensure that the latter fulfil the necessary personal requirements for participating in the experience.
§ 3 Services, changes to services, prices
1. The contractual service obligations of AIRSOFT ARENA exclusively result from the contents of the confirmation in force at the time of ordering, including any description, details and explanations.
2. Special agreements which extend the service content shall solely become binding after written confirmation from the organisers.
3. Changes to, and variations from, the agreed content of the contract which become necessary on organisational grounds after entering into the contract shall be permitted. AIRSOFT ARENA undertakes to immediately inform the participant of changes to and discrepancies in services provided and to offer free cancellation giving a deadline of 10 days to reply, insofar as such changes are of a significant nature. The participant’s right to give notice of cancellation remains unaffected. AIRSOFT ARENA is entitled to modify the execution date and time (beginning and end of the booking) at a subsequent time, insofar as this is necessary for reasons which are compellingly relevant for execution and which arise after conclusion of the contract. The participant shall be informed in good time about such changes.
4. All prices shall be final prices in Swiss Francs (CHF).
§ 4 Payment
1. During the booking of a AIRSOFT event, payment shall be due directly after the game by EC card, Postcard or credit card, providing that other terms have not been agreed upon in individual cases.
§ 5 Withdrawal by the participant, rebooking, substitute participants
1. If there are up to 2 people less than registered, these will not be charged. If there are more than 2 people, all missing people will be charged at the usual price. The minimum number of 6 people must be met at all times. A goodwill gesture of 2 people applies to 6 or more people.
2. The participant can withdraw from the contract at any time by means of a declaration to AIRSOFT ARENA. The withdrawal shall take place in writing and indicate his/her name. The cancellation fees shall be determined according to the date of reception of the withdrawal declaration by AIRSOFT ARENA.
3. The participant can withdraw from the contract at any time by giving a declaration to AIRSOFT ARENA. The withdrawal must be made in writing stating the name. The receipt of the declaration of withdrawal by AIRSOFT ARENA is decisive for the cancellation fees.
4. In each case of withdrawal by the participant, AIRSOFT ARENA shall be entitled to the following flat-rate indemnities, taking into consideration savings on expenditure and the usual possible other use of the services:
Free cancellation up to, at the latest, 7 days before the event
From the sixth day up to the first day before the start of the event – 50%
Cancellations within 24 hours are charged at 100%.
Parents are liable in cases where minors make a booking.
5. AIRSOFT ARENA reserves the right in individual cases to charge a higher indemnity for the corresponding costs that have arisen in respect of the participant and which have concretely been calculated and for which receipts exist.
6. There shall be no legal claim to changes in respect of the booking date. Such changes can only occur by withdrawing and subsequent entering into a new contract (new booking). In this case too, AIRSOFT ARENA shall be entitled to a flat-fee indemnity to compensate for expenditure incurred. The remaining amount (booking cost less withdrawal or cancellation costs) shall be paid out by AIRSOFT ARENA to the participant using a form of cashless payment.
7. The designation of substitute participants is possible in principle, insofar as the substitutes fulfil the necessary requirements for participation.
8. Withdrawal by organiser – contract termination as a result of extraordinary circumstances
8.1 In case of withdrawal by the organiser in accordance with clause 2 of section 1, the purchase price shall be refunded to the participant using a form of cashless payment.
8.2 Should, after conclusion of the contract, the booking unforeseeably become substantially hindered, jeopardised or impaired due to force majeure, including through destruction of the premises or similar incident, the contract can be terminated. AIRSOFT ARENA can require payment for services already provided.
If the circumstances mentioned occur after commencing the service, the contract can also be terminated. AIRSOFT ARENA shall in such cases be entitled to compensation for services that have been provided or are still to be provided. No further entitlement shall exist for the participant. Any extra costs shall fall to the participant.
8.3 AIRSOFT ARENA can cancel the contract after its commencement, if the participant hinders execution of the contract regardless of being warned or if (s)he behaves contrary to the terms of the contract to such an extent that immediate termination of the contract is justified for the protection of others or if the participant does not fulfil a participation requirement. If AIRSOFT ARENA gives notice of termination, then it remains entitled to the costs of the entire experience; AIRSOFT ARENA must however include in the calculation the value of any savings on expenditure.
§ 8 Liability
1. The liability of AIRSOFT ARENA for breaches of contractual obligations, as well as arising from tort, shall be limited to intent and gross negligence. Liability in the case of a breach of cardinal obligations is limited to the normally foreseeable damage.
2. Our liability to provide compensation for a breach of substantial obligations in the case of minor negligence and the application of travel contract law shall be limited to three times the cost of the experience and limited to typical and foreseeable damages, excluding liability for damages resulting from an infringement of secondary obligations.
3. All entitlement to compensation shall lapse one year after its coming into being. This does not apply to any entitlement resulting from unlawful acts.
4. In relation to entitlements arising from product liability law, as well as from other legal guarantee liability, the above limitations on liability shall not apply. This is equally the case if damage results in death or bodily injury or damage to health.
5. Insofar as the liability of AIRSOFT ARENA is excluded or limited, this applies equally to the personal liability of employees, legal representatives and vicarious agents of AIRSOFT ARENA.
§ 9 Miscellaneous
A liability disclaimer is to be signed on the premises.
§ 10 Applicable law and jurisdiction
1. Swiss law shall apply to the contractual relation between the participant and AIRSOFT ARENA. This shall also apply to the entire legal relationship.
2. The participant may issue legal proceedings against AIRSOFT ARENA solely at its registered office.
§ 11 Final provisions
1. AIRSOFT ARENA does not enter into contracts with minors. Should the participant be under 18, (s)he may only make bookings with the involvement of parents or legal guardians.
2. Should any provision of these Terms and Conditions be or become ineffective, then the effectiveness of the remaining provisions shall not be affected. Instead, in place of the ineffective provision, a replacement provision will apply that corresponds to the purpose of the agreement or at least comes as close as possible to it, which the parties would have agreed upon to achieve the same economic result if they had known that the provision was ineffective. The same shall apply to loopholes.
3. Data provided to us is processed, stored and passed on using our IT systems in accordance with the purpose of the contract. Person-related data is protected in accordance with Swiss data protection law.
Details of the contracting party:
Laser Arena AG
Rüeggisingerstrasse 152
CH-6032 Emmen
to Laser Arena