GENERAL TERMS AND CONDITIONS
Effective from the 1st of September 2019
1. PREAMBLE
1.1. 1.1. Present general terms and conditions include the general terms and conditions concerning the procedure of order of the outdoor team-building game (hereinafter: “Obskurus” or “Game”) organised by Idea-Concept Korlátolt Felelősségű Társaság (seat: 1094 Budapest, Páva utca 4. 3. em. 1., company registry no. 01-09-340484, tax identification number: 26709637-2-43) (hereinafter: “Service provider”), the participation in the Game and the rights and obligations of the Service provider and the service recipient related thereto. Present general terms and conditions shall be made available by Service provider permanently on the website of https://obskurus.hu
1.2. Obskurus is a team-building game which can be played almost everywhere, the objective thereof is that participants forming teams in the role of “chaser” and “escapee” and competing with each other in order to score points by performing tactical tasks.
1.3. The aim of present general terms and conditions (hereinafter: “GT&C”) is to define the detailed rules of the Game, for which the legal relationship shall be established, by and between the Service provider and the customer, as well as the participants as service recipients (hereinafter collectively referred to as ”Parties”).
1.4. In addition, the legal relationship of the Parties shall be governed by the provisions of Act V of 2013 on the Civil Code, Act CLV of 1997 on Consumer Protection and other relevant provisions of law accordingly. The legal relationship of the Parties shall be governed by the provisions of the Hungarian law irrespectively of foreign elements, if any, presented, furthermore in any legal disputes arising in connection with the legal relationship of the Parties, the Hungarian courts and authorities shall have jurisdiction, material jurisdiction and competence.
1.5. If any of the clauses, provisions, furthermore any part of any clause, provision of present GT&C is contrary to the mandatory provisions of relevant laws where derogation is not granted, the clause or provision of present GT&C contrary to laws shall be invalid and relevant provisions of law shall govern instead. Invalidity or inapplicability of certain provisions of present GT&C, if any, shall not affect the validity and application of the other provisions.
1.6. Service provider declares and service recipients expressly accept, provided that law or present GT&C may not prescribe paper-based written communication between Parties, that e-mail message shall be considered as written statement by the Parties. The conditions specified in present clause have been set out in order that Parties expressly acknowledge that their legal relationship is based on online cooperation, therefore the communication between them shall be based on correspondence via e-mail.
2. THE SCOPE OF THE GT&C, THE DATA OF THE SERVICE PROVIDER
2.1. The personal scope of present GT&C shall cover the Service Provider and, irrespectively of nationality, the service recipients, that is the customer of the Game and the participants of the Game, furthermore territorial scope thereof shall cover the Games organised and performed by the Service provider in and outside the territory of Hungary.
2.2. Present general terms and conditions shall come into force on the 1st of September 2019 and shall continue in effect for an undefined period (or until its amendment). Alteration of the terms of present general terms and conditions shall be published by Service provider fifteen days before its effective date at latest on the website of https://obskurus.hu (hereinafter: “Website”).
2.3. Contact details of the Service Provider:

Name of the company:
Idea-Concept Korlátolt Felelősségű Társaság
Abbreviated name of the company:
Idea-Concept Kft.
Seat:
1094 Budapest, Páva utca 4. 3. em. 1.
Company registry no:
01-09-340484
Tax identification number:
26709637-2-43
E-mail address:
boldizsar.barczi@ideaconcept.hu
Telephone number:
+3630-843-9355
3. THE PROCESS OF REGISTRATION TO THE GAME, CONCLUSION OF THE CONTRACT
3.1. The participation in the Game requires prior registration, which shall be submitted 72 hours at least before the day of the Game customer has specified in the registration. Customer shall notify the intention to participate only in written by sending an e-mail to the address of the Service provider referred to in present GT&C or by filling the form provided for this purpose, available on the Website, by giving the following mandatory data at the same time:

name, e-mail address, telephone number of the customer;
name, e-mail address, telephone number of the contact person (if he or she is not the customer);
the expected number of participants of the Game (a minimum of 8 persons, maximum of 70 persons);
date preferred (refer to day, month, year and also to forenoon/afternoon, even to hour and minute preferred);
place preferred (refer to the city).

The Service provider points out that if customer is represented by a third person that is a vicarious agent when ordering pursuant to present clause, vicarious agent shall give his or her data as data of the contact person, in the same time, during the process of order he or she is obliged to give the data of the person he or she is representing where data of the customer is requested. The Service provider excludes its liability for damages, if any, arising from failure to act according to present clause or from incorrect recording of the data of the customer and the contract person. The Service provider establishes that contract pursuant to present GT&C shall be concluded in any case with the person referred to as customer during the process of order, the contract shall entitle and oblige customer and Service provider towards each other accordingly, the Service provider shall not have a legal relationship with the contact person.
3.2. By sending the application for participation in the Game to the Service provider, Customer declares that he or she has become familiar with, understood present GT&C, has accepted its content and considers him or her bound thereby. By sending the application for participation, customer shall be liable to make also the participants specified in the application get the provisions of present GT&C to know and to accept.

The customer acknowledges that if minor(s) is (are) also listed among the participants specified in the application for participation, he or she shall provide expressed, written consent of the statutory representatives of the minor(s) concerned to participate in the Game and he or she shall present it on the Service provider’s demand. Furthermore, the customer acknowledges having full liability for the lack, if any, of consent referred in present clause.
3.3. The application for participation fully containing the data referred to above shall be confirmed by Service provider within 48 hours of receipt, in this respect Service provider shall reply in written via mail to the electronic address given by the customer whether it will be able to undertake the organisation and the performance of the Game pursuant to the date and terms specified in the application.
3.4. The service provider shall reserve the right to refuse the submitted application for participation within the deadline referred to above without explanation and without offering other alternative date/place instead of the date/place requested by the customer.
3.5. If the Service provider undertakes to organise and perform the Game pursuant to the conditions set out in the application for participation, it shall send a written confirmation to the customer containing the calculation of the amount of the participation fee and simultaneously require the following data of the customer: if natural person is concerned, name, birth name, place and time of birth, mother’s name, address; if business association is concerned, name, seat, company registry number, tax identification number, name of the representative.
3.6. Having the above mentioned data received, the Service provider shall issue an invoice of advance payment which shall be forthwith sent to the customer. The contract shall be concluded between the Parties simultaneously when the amount stated on the invoice of advance payment under present clause has been paid by the customer exclusively via bank transfer, within due date.
3.7. For the sake of clarity, the Service provider set forth that any invoice issued by the Service provider shall considered paid when the amount stated therein is credited to the Service provider’s current bank account.
3.8. If payment of the invoice of advance payment fails to occur within the due date referred therein, the Service provider shall consider the application for participation as withdrawn and it is entitled to conclude a contract with another customer for the date referred therein.
3.9. The contract concluded under the aforementioned shall not be considered having a written form, it shall not be registered and therefore it shall not be accessible later. The conclusion of the contract shall be confirmed jointly by the data given by the Parties during electronic correspondence and when using the form available on the Website provided for this purpose and the issued invoice of advance payment, the invoice of which shall be preserved by Service provider pursuant to the time limit defined in applicable law. The contract of the Parties shall be concluded in English language.
3.10. The customer shall be solely liable for the accuracy, actuality and reality of the data given at the process of the application for participation. The service provider excludes all the liability arsing from the inaccuracy or typing error of the data given during the electronic correspondence between the Parties or arising in relation to the false data given.
4. THE AMENDMENT OF THE RESERVATION, THE WITHDRAWAL OF THE CONTRACT
4.1. After contract has been concluded, 24 hours before the date confirmed for the Game by the Service provider at latest, the customer is entitled to file a written request upon modification of the date of the Game for a later date than originally settled, which shall be considered as an initiation to modify the contract of the Parties and this modification shall become part of the contract and shall come into force only if it has been confirmed in written by the Service provider within 12 hours from receiving the request thereof.

Any request upon modification received after the deadline set out in present clause is exceeded, shall not be able to be accepted by Service provider, and if participants does not appear at all or if the minimum number of (8) people required for the Game fails to appear at the time set out in the contract, the Service provider shall be entitled to retain the amount of the advance payment paid to him.
4.2. After contract has been concluded, 24 hours before the date confirmed for the Game by the Service provider at latest, customer is entitled to withdraw from the contract in a written statement and if withdrawal is announced within the deadline, the Service provider shall return the amount of the advance payment to the customer within thirty days from communication of the withdrawal. Any withdrawal communicated after time limit set out in present clause has exceeded shall terminate the contract of the Parties, nevertheless the Service provider shall be entitled to retain the amount of the advance payment paid to him.
4.3. In case of force majeure (in particular bad weather conditions, exceptional occurrences), 24 hours before the date confirmed for the Game by the Service provider at latest, the Service provider may unilaterally modify the date of the Game set out in the contract so that it is simultaneously obliged to offer three other optional date. The customer is entitled to choose a new date from these offered dates in written within 72 hours from the receipt of the written notice thereof, which new date, with the confirmation of the customer, shall become part of the Parties’ contract. If the customer fails to declare in written within the time limit referred in present clause, or he or she fails to accept any of the dates offered, the Service provider is entitled to unilaterally terminate the contract and it may retain the amount of the advance payment paid to him.
4.4. If any force majeure occurs during the Game (in particular bad weather conditions, exceptional occurrences) which makes the Game already begun impossible to be finished, the Service provider shall specify another possible date to proceed the Game free of charge. The customer is obliged to confirm this date in written within 72 hours from the receipt of the written notice thereof, which new date, with the confirmation of the customer, shall become part of the Parties’ contract. If the customer fails to declare in written within the time limit referred in present clause, or he or she fails to accept the new date offered, the contract shall be considered performed by the Service provider and Service provider shall be entitled to the full amount of remuneration.
5. REMUNERATION, TERMS OF PAYMENT
5.1. The Service provider is entitled to remuneration for organising and performing the Game, current rate of which is available in the “Our prices” menu of the Website. Notwithstanding present clause, the Service provider reserve the right to specify discount rates based on individual pricing if order refers to a large number of participants or if the customer is a returning one, which offer shall be given in all cases by the Service provider’s own initiation.
5.2. Fee shall be paid by the customer in two instalments. The invoice of the advance payment shall be issued for the fee calculated by multiplying half the number of the participants referred to in the application for participation by the customer by the current fee per recipient. The conclusion of the contract of the Parties is conditional on the payment of the invoice of the advance payment by the customer.
5.3. The final invoice shall be issued with respect to the number of participants actually appeared at the beginning of the Game so that from the amount of the total fee calculated by multiplying the number of the participants actually appeared by the current fee per participant shall be subtracted the amount paid earlier according to the invoice of the advance payment and the customer shall pay the fee equals to the difference of these amounts according to the final invoice.
5.4. The invoice of the advance payment shall be paid only via bank transfer; the final invoice shall be paid on the spot of the Game in cash or within 15 days via bank transfer.
6. THE RIGHTS AND OBLIGATION OF THE PARTIES
6.1. The service recipients are obliged to appear at the time and on the place, with the number of people set out in the contract of the Parties. The Service provider set forth that if notwithstanding the contract the minimum number of 8 people required for starting and performing the Game fails to appear, the Service provider shall be entitled to refuse performance and it may retain the amount of the advance payment paid to him. In this case set out in present clause, the Service provider shall not be obliged to offer the Game to be taken place at another time or in another place.
6.2. At the beginning of the Game, after a copy of present general terms and conditions has been handed thereto, the Service provider makes the participants actually appeared sign an acknowledgement of participation (Annex no. 1), which contains the name and address of the participants and also their expressed statement that they have become familiar with and understood the provisions of present GT&C and that they have agreed to be bound by the content therein. The participant fails to sign the acknowledgement of participation shall not participate in the Game, the Service provider is entitled to refuse performance of the contract towards him or her.
6.3. The Service provider declares that compared to the start time specified in the contract a maximum of 15 minutes late shall be permitted for the participants, a person who may arrive with a delay of more than that shall not take part in the Game, the Service provider shall be entitled to refuse the performance of the contract towards him or her.
6.4. After signing the acknowledgement of participation, the Service provider shall describe the rules to the participants, it shall assign with the assistance of the participants the teams of 2-7 each participating in the Game, and by simultaneously drawing up the handover minutes Annex no. 3 of present GT&C, it shall hand over for every team the smart devices needed for participation in the Game.
6.5. The participants acknowledge that unless otherwise provided by the Organisers, during the Game smart devices handed over by the Service provider shall be used only, and if the Service provider becomes aware of the use of the participants’ own smart devices belonging to them while playing (for the purpose of) the Game, that team shall be immediately excluded and if this results the decrease of number of participants under the minimum of 8 needed, then the Game shall be right away suspended. In the case referred to in this clause, the service shall be considered performed, and the Service provider is entitled to the full amount of remuneration.
6.6. The participants acknowledge that they are obliged to comply with the rules during the entire period of the Game and they shall be fully liable for any damages, including the immediate suspension of the game by the Service Provider, arising from failure to comply with the rules of the Game.
6.7. The service recipients acknowledge that the devices handed over by the Service Provider for the Game are owned by the Service Provider, and the service recipients (i.e. the customer and the participants) shall have full, joint and several liability for any damages therein, for the disappearance, lost of the devices occurred during the Game.
6.8. Furthermore, the service recipients acknowledge that the service recipients (i.e. the customer and the participants) shall have full, joint and several liability for any damages caused during the Game to the Service provider, to each other and to third person and for any conduct harming or endangering each other’s and third person’s life, physical integrity, health.
6.9. Service provider establish that the Game shall start from a prior specified place, a designated meeting point (typically where catering is available) and it shall finish in the same place, with respect thereto the participants are obliged to appear in this place at the end of the Game with the total number of participants for the announcement of the results.
6.10. The game shall be conducted in public areas, therefore, the participants are obliged to avoid any conduct harming or endangering their and third person’s life, physical integrity, health, comply with the rules and the valid road traffic regulations of the given public area. Person(s) infringing the regulations in this clause may be excluded from the Game by the Service provider, therefore, the Service provider shall be entitled to refuse the performance of the contract with immediate effect towards him/her/them.
6.11. The participation in the Game shall be in every case voluntary, it is based on the free decision of the participant. The participation in the Game shall be done at own risk, therefore the Service provider shall not be liable for any occurrence harming or endangering the participants’ health, physical integrity. The service recipients acknowledge that the participation in the Game is recommended only for those people who are able to carry out a walking-tour of at least 5 km.
6.12. Person under the influence of alcohol or under any psychoactive substance shall not be allowed to participate in the Game, the Service provider shall be entitled to exclude person(s) from the Game who consume(s) such a substance during the Game, i.e. the Service provider shall be entitled to refuse the performance of the contract with immediate effect towards him/her/them.
6.13. The Parties acknowledge that the duration of the Game, depending on the pace chosen by the participants and the problem-solving skills of the participants, shall be 1,5-2 hours, not including the administration at the beginning of the Game, the time needed to reach the starting point and the description of the rules, as well as the time needed to go back to the meeting-point at the end of the Game, the time for the announcement of the results which will take individually about 30-30 minutes.
7. DATA PROTECTION
7.1. The Service provider shall process the personal data possessed as confidential and they shall be used only for the purposes set out in the Data Processing Prospectus available on the Website. During the processing of the service recipients’ data, the Service provider shall bear in mind the current, valid data protection laws. The Service provider’s detailed and current processing prospectus in force is available under menu https://obskurus.hu/en/?adatvedelem of the Website.
8. COPYRIGHT AND MORAL RIGHTS
8.1. Any materials, publications, presentations, softwares, applications which can be installed to smart devices and each component thereof, especially the rules of the Game (hereinafter: “Intellectual creation”) placed on the Website and published by the Service provider under the performance of the service shall fall under copyright protection, the exclusive holder of which shall be the Service provider. With respect to present clause, copy, delivery, distribution, divulgation to the public, use for providing the services or any use of the Intellectual creation for any purpose other than set out in present general terms and conditions is forbidden and the Service provider shall take all the available legal action against such use.
8.2. The service recipients are obliged to declare whether they give consent to the voice or image record of them to be taken during the Game by the Service provider by filling the adequate acknowledgement of participation from Annex no. 1/A or 1/B of present GT&C which suits them and that the face, appearance, manifestation of the service recipients shall be recorded and published accordingly with the condition that service recipients shall be specified only if their expressed consent has been given thereto.
8.3. The Service provider shall acquire exclusive usage rights on the records referred to above with respect to the service recipients who were given consent. In relation to the service recipients who were given consent, the Service provider shall be entitled under promotion activity serving promotion exclusively of the Service provider and of the service under present GT&C, for the purpose thereof to exploit, utilize, duplicate, publish, revise, divulgate to the public, transmit to the public and distribute the record without being obliged to pay by any means remuneration for that to the service recipients. Related to the record referred to above, the service recipients shall not be entitled to submit any claim or receivable against the Service provider.
8.4. The Customer gives his expressed consent that after the contract has been performed, the Service provider shall specify the customer as reference on the Website or on any other platform designed to the promotion of Service provider.
9. COMPLAINT MANAGEMENT
9.1. The service recipient acknowledges that if he or she has any complaint in connection with the service performed by the Service Provider, the Service Provider is obliged to investigate the complaint concerned. For the purposes of this chapter, all notice shall be considered a complaint where the service recipient may state that the service performed by the Service provider does not partly of fully meet the provisions of the laws or present GT&C.
9.2. The complaint under present chapter shall be communicated by the service recipient to the Service provider in written, through the contact specified in clause 2.3. In case of a written (mail, e-mail) complaint, the notifier is obliged to be identified, when he or she must properly prove his or her identity and his or performance as customer to the Service provider. Acceptance of the written complaint under present clause by the Service provider shall apply only after identification of the customer has occurred pursuant to present clause.
9.3. The complaint shall contain the precise description of the infringement or injury suffered (reference to the conduct, act or negligence), data and contact details of the complainant eligible for identification of the customer. In the absence of any of these, the Service provider cannot fully examine the complaint.
9.4. The Service provider shall be obliged to answer the written complaint within thirty days of receiving it, in written, on the merits, and to make actions in order to communicate it to the complainant.
9.5. If complainant does not accept the answer given to the complaint or the Service provider fails to answer to the complaint within the time limit, the complainant is entitled to turn to the competent consumer protection authority or to the competent conciliation boards listed in Annex no. 2 of present GT&C of the place of domicile of the complainant/where it has its seat, within 30 days following the communication of the answer or if no answer is communicated, then within 30 days of the expiry of the deadline for the answer.
9.6. If the dispute may not be settled in any means referred to above or in any other means of negotiation, the complainant shall be entitled to turn to court.
10. OTHER PROVISIONS
10.1. Parties shall be obliged to have an increased cooperation in order to reach the aims set out in present GT&C, therefore they are obliged to inform each other about every major information which does affect the performance of the service, has not been established specifically in present GT&C but relating to the service or to the Parties.
10.2. The Service provider shall use all the reasonable and expected efforts to have a secure operation of the Website; however it shall in addition not bear any expressed or presumed warranty or guarantee for the security of the Website, that it is free of computer viruses and spy- and other malware programs or for the operation without interruption. By using the Website it is assumed that the customer is aware of the technical and technological limits of the Internet and that technology involving the possibility of error is accepted.
10.3. The Parties are committed to do their best to settle their disputes, if any, through negotiations.
Annex:

Annex no. 1/A.   
Annex no. 1/B.   
Annex no. 2.       
Annex no. 3.