Sales conditions

REFERENCE : COND2017ENG 100317

The present general sale conditions and terms of use rule over the contractual relations between Artemis Gymkhanas Barcelona S.L., the Organiser of the scavenger hunts, henceforth referred to as “ARTEMIS”, and all physical or moral persons wishing to benefit from the services offered, for themselves or a third party, henceforth referred to as “the Applicant”. The reservation of a scavenger hunt implies the unconditional acceptance of the present general terms and sale conditions of ARTEMIS. These conditions will prevail above all other general or particular conditions that have not been expressly approved by ARTEMIS. The ARTEMIS limited society reserves the right to edit the general terms and sale conditions. In such a case, the applicable conditions will be in effect at the date of the reservation.

Article I: The Organiser

The One-person Limited Liability Undertaking, Artemis Gymkhanas Barcelona, S.L. (Sociedad Limitada), registered at the Barcelona Trade and Companies Centre, under the intracommunity TVA number, ESB66293606 and with headquarters at Carrer de Radas 59, 2-2 08004 BARCELONA, ESPAÑA, organises, since it has been open to business, scavenger hunts that allow participants to discover well-known and secret places in the city as well as other related activities.

Article II: The start of the game

On the day of the treasure hunt, the participants meet with the organiser at the time and place they agreed upon. For the terms and conditions related to delays, see Article VII. At the point of departure, the teams are formed by the Organiser or the Applicant, as decided by the Applicant. A backpack with the roadbook and all the supplies needed for the proper run of the scavenger hunt, are distributed to the captain of each team. The start of the game is announced and the participants must reach the final point of arrival as quickly as possible, depending on the type of game, while answering questions and solving puzzles during the route. The questions are about the history of the place, about observing both famous and lesser known places and questions to be answered with the logic and common sense of each participant. Some physical challenges may take place during the scavenger hunt but these will be mentioned on the ARTEMIS website or the participants will be warned about them before the event by email or orally. Upon arrival, there will be a tally of the points given for correct answers, whether the investigation was solved, how long it took and whether there was help using the phone or internet (according to the chosen game). There will be a prize for the best team (depending on the additional services requested).

Article III: Conditions of participation

ARTEMIS scavenger hunts are open to all physical persons over 18 years of age. Concerning minors, the games are also open to them as long as they are under the responsibility of their representative or their legal guardian, who must authorise the minor’s participation and provide a liability waiver. ARTEMIS informs in the present terms that the scavenger hunts are mainly aimed at adult participants, except for the games presented in “kid” format. Inscriptions to a public game may be done individually or in a team. If a participant has signed up alone or in a pair and has not specifically requested otherwise in their inscription, they may be teamed up with other participants (only in pre-scheduled public events).

Article IV: Sessions

There’s a difference between public sessions and private sessions. Public sessions are events organised on a particular date and time by ARTEMIS to which individual people may sign up to. Private sessions are events organised by private individuals or private or public entities, in this case the participants choose the game, the date and the time, as well as other customised services.

Article IV-I: Private individuals

Article IV-I-1: Public sessions

Article IV-I-1-1: Inscription

The Applicant wishing to sign up to a public session must do so online by e-mail, on Facebook, or using any other reservation system made available to the public.

The Applicant will select the number of places, the rate, he or she will write down his or her surname, name, e-mail, and telephone number. Signing up by e-mail or Facebook implies accepting the general terms and sale conditions presented here. The Applicant will then confirm his or her personal information, followed by a payment by bank transfer to the account specified below. Once the payment is confirmed, a confirmation email will be sent to the e-mail address provided on the inscription. The Applicant will be informed in real time of the number of places available. As the number of places is limited, ARTEMIS cannot commit to satisfy the Applicant’s demands, unless such request is within the availability. If the session requested by the Applicant is complete, the Applicant will have to choose another session.

Our customer service is available by email to artemis.contactinfo@gmail.com, by telephone on +34 630100258 / 665444287 or by postal mail: Carrer de Radas 59, 2-2, 08004 BARCELONA, ESPAÑA.

The reservation will not be effective until payment (by bank transfer) of 30% of the total sum mentioned by email is received and confirmed.

Bank: Banco Sabadell

Account number (IBAN): ES4000811760600001019809

Account holder: Artemis – Gymkhanas Barcelona, S.L.

 

Our customer service is available by e-mail (artemis.contactinfo@gmail.com), by telephone to +34 630100258 / 665444287), or by post (Carrer de Radas 59, 2-2 08004 BARCELONA ESPAÑA).

Article IV-I-1-2: Prices

Los prices are shown in euros with taxes included with rare exceptions (if this information is expressly communicated). The VAT (Value Added Tax, according to the Spanish law) applicable corresponds to 21% of the total. ARTEMIS reserves the right to modify its prices at any time. However, participation will be billed based on the prices shown at the time of making the reservation.

 

Article IV-I-1-3: Payment conditions

The remaining balance will be paid by bank transfer to the ARTEMIS bank account, to the aforementioned account, at least 24 hours before the game (proof of payment must also be sent by e-mail; see Article IV-I-1-1: Inscription). If on the day of the game the number of participants is more than what was booked for, the difference must be paid in cash on that same day.

 

Article IV-I-2: Private sessions

Article IV-I-2-1: Inscription

The Applicant wishing to organise a private session will have to book it online by email.

The Applicant will write on the e-mail the number of places requested, which rate, their name and surname, their e-mail address, the number and type of their proof of identity (DNI, passport…) and their phone number. Signing up by e-mail and the payment of all or part of the final price implies the acceptance of these General Sale Conditions. The Applicant will then confirm the information given and provide the down payment by bank transfer to the ARTEMIS account, unless the game is booked on the same week the game will take place, in which case the full amount will be paid up front. Once the payment has been validated, A confirmation e-mail will be sent to the e-mail address used for the inscription. If the session requested is full/unavailable, the Applicant will be duly informed before the down payment and they’ll have to select a different session.

Our customer service is available by e-mail (artemis.contactinfo@gmail.com), by telephone to +34 630100258 / 665444287), or by post (Carrer de Radas 59, 2-2 08004 BARCELONA ESPAÑA).

 

Article IV-I -2-2: Prices

Los prices are shown in euros with taxes included with rare exceptions (if this information is expressly communicated). The VAT (Value Added Tax, according to the Spanish law) applicable corresponds to 21% of the total. ARTEMIS reserves the right to modify its prices at any time. However, participation will be billed based on the prices shown at the time of making the reservation.

Article IV-I-2-3: Payment conditions

The payment for the participation in private sessions of ARTEMIS scavenger hunts is done through a bank transfer.

The bank details of ARTEMIS are the following:

Bank: Banco Sabadell

Account number (IBAN): ES4000811760600001019809

Account holder: Artemis – Gymkhanas Barcelona, S.L.

A down payment of 30% of the total Price must be paid to ARTEMIS within a time frame that guarantees reserving the game. The proof of payment must be sent by e-mail to ARTEMIS.

The remaining balance must be paid by bank transfer to the ARTEMIS bank account the details of which have been given above 2 (two) working days before the game (and the proof of payment must be e-mailed; see Article IV-I-2-1: Inscription). If on the day of the game there are more participants than previously mentioned, the difference must be paid in cash on that same day.

The down payment is only applicable if the reservation for a game is made more than 5 working days before the game. If the reservation is done 5 (five) working days before the game, the game must be paid for in full.

Article IV-II: Public or private entities

Article IV-II-1: Requesting a budget

The Applicant wishing to organise a private session for their company or their clients, may request a budget through the ARTEMIS webpage (www.gymkhana-barcelona.com), by e-mail (artemis.contactinfo@gmail.com) , or by telephone (+34 630100258 / 665444287). Their request will be handled by the sales department of ARTEMIS which will provide a budget as soon as possible.

Article IV-II-2: Prices

The prices are shown in euros with all taxes included without exceptions (information may be provided if expressly requested). The VAT is 21% of the total price (Value-added tax according to Spanish legislation). ARTEMIS reserves the right of modifying its prices at all times. The invoice for participation will nevertheless be invoiced according to the rates in effect at the time of the reservation.

Article IV-II-3: Payment conditions

The payment is made by bank transfer to the ARTEMIS account, the details of which are the following.

Banc: Banco Sabadell

Account number (IBAN): ES4000811760600001019809

Account holder: Artemis – Gymkhanas Barcelona, S.L.

Article IV-II-3-1: Down payment

For groups of fewer than 10 people, the reservation will be in effect upon making a deposit of 30% of the total price. We recommend reserving 15 days in advance.

For groups of 11-30 people, the reservation will be in effect upon making a deposit of 30% of the total price, as long as there are places available. We recommend reserving 1 (one) month before the date of the game.

For groups of 30-100 people, the reservation will be in effect upon making a deposit of 50% of the total price, as long as there are places available. We recommend reserving 2 (two) months before the date of the game.

For groups of more than 100 people, the reservation will be in effect upon making a deposit of 50% of the total price, as long as there are places available. We recommend reserving 6 (six) months before the date of the game.

The reservation and the preparation of the game will only be effective upon receipt of the down payment or the proof of payment e-mailed to ARTEMIS.

The down payment may have been paid based on a number of participants above or below the total of participants present on the day of the event, but such number must be close to the real number of participants.

Article IV-II-3-2: Remaining balance

The Applicant will inform ARTEMIS of the real number of participants:

- For groups of fewer than 50 people: 7 (seven) working days before the date of the game.

- For groups of 100 people or more: 10 (ten) working days before the date of the game.

The final number of participants confirmed according to the time frame shown above will be the base for the final billing.

The final amount to be paid will be provided by the Applicant 5 (five) working days before the date of the game. The Applicant must send ARTEMIS the proof of payment by e-mail to the following address: artemis.contactinfo@gmail.com.

If on the day of the event, the number of participants is above the number the Applicant had announced, ARTEMIS will emit after the event an additional invoice corresponding to the additional players. The difference in the billing must be paid by the Applicant 5 (five) working days from the date on which the rectified invoice was sent by e-mail.

Article V: Handicaps

The Applicant must inform the Organiser of the practical needs of the participants according to their handicap within the 24 hours after their reservation. If access to the game is not possible due to a lack of infrastructures in the route, it will not be considered the liability of ARTEMIS.

Article -VI: Cancellations

If the Applicant wishes cancel a reservation, the Applicant agrees to notify the Organiser beforehand by e-mail. If the Organiser has to cancel the activity, the Organiser agrees to notify the Applicant by e-mail.

Article VI-I: Cancellation on behalf of the Applicant

Once the down payment for the reservation has been made (as explained in the section titled “Payment conditions”), the Applicant may cancel the activity, but they will be sanctioned according to the following procedures.

ARTEMIS reserves the right to keep the amount of the down payment in the following cases:

- If the Applicant does not pay the amount corresponding to the remaining balance in accordance with the provisions of articles IV-I-1-3, IV-I-2-3 and IV-II-3-2 of these sale conditions, before the event through a bank transfer and subsequent sending of proof of payment by e-mail, all without prior notice to the Organiser.

- If the Applicant cancels the game with less than 3 (three) working days’ notice before the game, without appealing to causes of force majeure, in accordance with the provisions of article 1105 of the Civil Code.

ARTEMIS will keep 10% of the total amount and will leave 20% of the total amount available to the Applicant to use on a new game within 1 (one) year from the date of cancellation in the following cases:

- The Applicant notifies a game cancellation within a time period of 3 (three) working days or more for a cause that is not of force majeure, in accordance with the provisions of article 1105 of the Civil Code.

- The Applicant cancels on the same day of the event for the following meteorological and environmental reasons: rain, snow, pollution peaks.

ARTEMIS will keep 10% of the total amount in the following cases:

- The Applicant cancels appealing to causes of force majeure in accordance with the provisions of article 1105 of the Civil Code.

Article VI-II: Cancellation on behalf of the Organiser

In the event of cancellation by the Organiser for whatever reason, the Applicant will be returned the full amount paid or the game may be reprogrammed. The Applicant may not in any case sue the Organiser for damages.

Article VII: Timetables and delays

It is compulsory to respect the meeting times specified on the ticket or confirmation e-mail. If there is a delay, the participant may be refused the right of accessing the game.

Participants will be considered absent 15 minutes after the scheduled time if the delay is not notified in advance. If the delay is previously announced, the time of the delay will be taken out of the time scheduled to complete the game. ARTEMIS reserves the right of canceling the game if the delay is not considered acceptable by ARTEMIS.

Article VIII: Reimbursements

All services interrupted, shortened or not consumed and not communicated in advance do not give right to any refund.

Article IX: Gift vouchers

Article IX-I: Gift vouchers

Artemis Gymkhanas Barcelona has for sale gift vouchers corresponding to 1 free place at the scavenger hunt of the receiver’s choice, valid to use during 1 year from the date the voucher is sent or hand delivered. The Applicant who wishes to send a gift voucher for “1 free place” at one of the ARTEMIS treasure hunts must contact ARTEMIS customer service by e-mail to artemis.contactinfo@gmail.com, by telephone to +34 630100258 / 665444287, or by post: Carrer de Radas 59, 2-2 08004 BARCELONA ESPAÑA. The Applicant will write down their name, their surname, their e-mail, the desired amount of Gift vouchers and the email to which such vouchers will be sent. According to the law, the participant has a right to access, rectify, or delete any data concerning them. This right may be exercised online by sending an email to artemis.contactinfo@gmail.com. Within the 48 hours following receipt of the request of a Gift Voucher, the Applicant will receive an email confirming their request and indicating the amount to be paid. Any lost, stolen or forged Gift Vouchers do not have the right to an exchange or a refund. The Applicant or the Beneficiary will be considered as the only person responsible of any use given to the Gift Vouchers. The Applicant has the duty of informing the Beneficiary of how the Gift Vouchers work.

Article IX-II: 2 for 1 Vouchers

Artemis Gymkhanas Barcelona offers as a prize to those winning their games or online challenges 2 for 1 vouchers, one extra free place at the chosen treasure hunt, at the purchase of one place at the same treasure hunt. This voucher may be used during the year starting at the date it is sent or given in hand delivery. The owner of a “2 for the price of 1 voucher” for an ARTEMIS treasure hunt must contact ARTEMIS customer service by email at artemis.contactinfo@gmail.com, by telephone at +34 630100258 / 665444287, or by post: Carrer de Radas 59, 2-2 08004 BARCELONA ESPAÑA. The Applicant will write down their name, their surname, their e-mail, and the chosen game. The free place must be used for the same game (or an equally priced game) as the purchased place. According to law, the participant has a right to access, rectify, or delete any data concerning them. This right may be exercised online by sending an email to artemis.contactinfo@gmail.com. The booking procedure for this game is the same as the one described in section IV-I of the present terms and sale conditions. Any lost, stolen or forged 2 for 1 Vouchers do not have the right to an exchange or a refund. The Applicant or the Beneficiary will be considered as the only person responsible of any use given to the 2 for 1 Vouchers. The Applicant has the duty of informing the Beneficiary of how the 2 for 1 Vouchers work.

Article X: Period to withdraw a reservation

In accordance with article L.121-20 of the Consumer Code, the buyer who purchases a good or a remote service delivery from a professional has a period of 7 clear days to change their mind about their purchase, without having to justify the change or cancellation or having to pay any penalties (excluding any costs of return). Moreover, the right of withdrawal does not exist for contracts for accommodation services, transport, catering and leisure facilities, which are provided on a date or at specified intervals. As such, the benefits of Artemis Gymkhanas Barcelona are not subject to this delay.

Article XI: Legal disputes and liabilities

The participants at both the public and private sessions are allowed to trick other teams to make them answer incorrectly, leaving false clues par example, but on no account will physical violence be tolerated. The Organisers expect fair-play from the participants. Any attempt at cheating, fraud or any act of violence will mean that the person responsible for that will be removed from the game. Artemis Gymkhanas Barcelona declares itself to not liable for any accidents, or any loss the participants may have during the event, nor will ARTEMIS be liable for any damage the participants may cause. Each participant is responsible of their own actions; the individual liability of each participant is thus incurred when attending the sessions. During the scavenger hunt, a phone number is given to each team just in case they must get in touch with the Organiser. ARTEMIS is the owner of the material (a backpack to keep the material and the material within) made available to the participants to use during the game. Participants therefore undertake to return the equipment in its entirety to the Organiser at the place of arrival of the scavenger hunt. Otherwise, the Organiser will not hesitate to call on the relevant authorities. Participation on an ARTEMIS treasure hunt implies the unconditional acceptance of this regulation in its entirety.

Article XII: Jurisdiction

The parties agree that this contract is subject to Spanish law. In case of dispute, the parties shall endeavour to settle it amicably. Any dispute that cannot be settled amicably will be submitted to the jurisdiction of the Barcelona courts.

Article XIII: Data Protection

The personal information collected as part of the registration sessions are processed according to the Data Protection Act of 6 January 1978. All participants, as well as their legal representatives if they are minors, have the right to access or rectify their data according to article 27 of the aforementioned law. Any request for access, rectification or opposition must be addressed to artemis.contactinfo@gmail.com. Moreover, the Organizers guarantee the safety and protection of the data collected, and commit not to pass said data on to third parties.

Article XIV: Literary and artistic property rights

In accordance with the laws governing the rights of literary and artistic property, reproduction, representation or use of all or part of the elements of these scavenger hunt sessions, including puzzles, questions and media, are strictly prohibited under threat of prosecution.

Article XV: Image rights

All persons participating in the treasure hunt implicitly accept to surrender their image rights in the context of reporting, shooting or films made during the game. If the participant does not wish to transfer his or her image rights he or she must make a specific request in writing either by sending an email to artemis.contactinfo@gmail.com or by handing in the printed written request at the start of the treasure hunt. Participation in these treasure hunts requires the unconditional acceptance of these Terms and Conditions in their entirety. Any questions about these Terms and Conditions may be addressed to artemis.contactinfo@gmail.com.