Status: [26.08.2022]
Of the Foxtrail Portugal Lda., Urbanização Vila Pavão, Ci3 – Centro de Incubação e Inovação Industrial de Arouca, 4540-322 Escariz, Arouca, Tax Number 516641662 (hereinafter «FPT») offers based on an exclusive license either itself or through cooperation companies (as defined below) and together with various partners (as defined below) in Portugal for participants (as defined below) several unaccompanied missions with different individual services. These are permanently installed, logistically coordinated, and coherent hiking and/or sports trails. They are referred to as “Foxtrail” missions (hereinafter “mission(s)”). The missions can be found on the provider’s website https://www.foxtrail.pt, but can also be booked by telephone or e-mail.
Each mission consists of an invisible track and various so-called posts. This “Post(s)” includes a game, task, device, and/or description that the Participants (defined below) in the Team (as defined below) can use, complete, or solve to learn the way to the following Item. A telephone helpline (as defined below) is available to participants if a solution cannot be identified.
1. Scope of application, acceptance, and right to change these Foxtrail GTC; third-party terms and conditions.
1.1 These Foxtrail GTC regulate the contractual rights and obligations between Foxtrail, the respective provider (as defined below), the customer (as defined below), and the respective participants (as defined below) of a mission, in particular, the booking and the performance of the service, as well as the conditions of participation regarding the mission.
1.2 By submitting a binding offer to book one or more missions (see sections 3.2 and 3.3 below), the customer (as defined below) accepts these Foxtrail GTC as binding. If the booking is (also) made for other participants, the recognition applies to and against the other participants. By participating in the mission booked by the customer (as defined below), they agree to these Foxtrail GTC.
The customer (as defined below) is solely responsible for informing the participants of these Foxtrail GTC in good time.
1.3 Foxtrail is entitled to unilaterally change these Foxtrail GTC in the event of subsequent changes in the legal situation, technical circumstances, changes regarding partners, and/or disruptions to the principle of equivalence, insofar as this is necessary. We will inform the customer about a change via the e-mail address we last knew, announcing the respective change. The change is deemed approved if the customer does not object to the change in text or writing within four weeks of receipt.
1.4 Different, additional, or conflicting general terms.
The customer’s terms and conditions do not become part of the contract, even if we do not separately object to their inclusion.
2. Explanation of terms
2.1 “Offerer” of the mission, service provider, and thus sole contractual partner of the customer (as defined below) is either FPT or the respective cooperation company, depending on the respective mission.
2.2 “Cooperation companies” are companies that, as Foxtrail sub-licensees, provide the mission services in their own name and on their own account in cities and regions not covered by FPT and are, therefore, the sole contractual partners of the customer. In this case, Foxtrail is only an intermediary towards the customer.
2.3 “Customer“ is the person in whose name and on whose account a mission is booked and who is, therefore, the contractual partner of the respective provider. It can, but does not have to be a participant simultaneously.
2.4 “Partner“ means a company or entity, public or private, selected by Foxtrail to facilitate the provision of the Service, and the partner is not a contractual partner of the customer.
2.5 “Attendees“ are those people who take part in a mission booked by the customer (including the customer if he takes part himself).
2.6 “Teams“ designates at least two members, but no more than seven members, who complete a mission together.
3. Conclusion of contract; Minimum number of participants
3.1 The information contained on the website or in the documents (e.g., flyers, advertising leaflets, information brochures, etc.) of Foxtrail or the respective provider are always subject to change and non-binding. They only serve to provide information about the offer of the respective provider, in particular, to describe the mission, and thereby prompt the potential customer to submit a binding offer to the respective provider (“invitatio ad offerendum”). The same applies to telephone information from the provider’s employees in response to customer inquiries.
3.2 When booking through the website https://www.foxtrail.pt the customer is guided through the individual booking steps during the entire booking process. During the booking process, the customer must, among other things, select the desired mission, enter their personal data (in particular first and last name, address, e-mail address, date of birth, mobile phone number), the number of participants, and their payment details. For each mission, the customer is shown the respective provider as his contractual partner with details of contact details (telephone, e-mail). Furthermore, the customer has to acknowledge and accept the data protection declaration (https://www.foxtrail.pt/privacy-policy) and these Foxtrail GTCs by ticking boxes (so-called “opt-in”).
3.3 By clicking on the “Buy” button, the customer then submits a binding offer to book one or more missions for a fee in accordance with the prices stated on the website. The receipt of the offer is confirmed to the customer by an automatically sent e-mail, whereby this e-mail itself does not represent acceptance of the customer’s offer by the respective provider.
3.4 The contract between the respective provider and the customer is only concluded when the customer is sent a booking confirmation with the corresponding booking number to the email address provided, in which the essential details of the booked mission are listed, in particular, the respective provider as the contractual partner, the Start date and the services to be provided.
3.5 When booking by telephone or e-mail, the customer can inquire about booking one or more missions, which the provider will process as soon as possible. The provider will ask the customer for any information that may be required, in particular, personal data (in particular first and last name, address, e-mail address), the number of participants and their payment details, and, as far as possible, provide the customer with suitable booking options and provide services and prices by email and will send the customer the Privacy Policy and the Foxtrail GTC. In addition, the customer will also be informed of the respective provider as the service provider and contractual partner of the customer, stating contact details (telephone, e-mail). If the customer wishes to make a booking,
3.6 The contract with the customer is only concluded when the customer is sent a booking confirmation with the corresponding booking number to the e-mail address provided, in which the essential details of the booked mission are listed, in particular the respective provider and contractual partner, the start date and the services to be provided.
3.7 A booking can only be made for at least two (2) participants. There is no maximum limit on the number of participants, but the provider reserves the right to combine the participants into several teams.
4. Payment; invoice and late payment
4.1 The customer pays for the mission or missions booked by him/her when booking. The following means of payment are available to him: MB Way, Multibanco, Paypal, and Credit card.
4.2 The customer is fully liable to the respective provider for the fees incurred by the participants of the mission he has booked. Nevertheless, the provider is entitled to demand payment of its fees from each participant.
4.3 The customer will receive a corresponding invoice by e-mail unless otherwise agreed in individual cases.
4.4 Notwithstanding the statutory rights, in the event of a delay in payment, the provider can demand a flat-rate fee of EUR 10.00 from the customer for each reminder.
5. Customer Cancellations and Change Requests
5.1 Notwithstanding the statutory rights to which the customer is entitled and the following regulations, bookings cannot be canceled before the start of the mission booked in each case.
5.2 If the customer wishes to change a booked mission before starting the mission, e.g., postponement of the start date or time, he can request this from the respective provider by email or telephone at least 48 hours before the booked slot. The provider will then check whether and to what extent a change and/or postponement of the start date is possible and then offer the customer alternatives if necessary. There is no right to a change and/or postponement of the start date.
5.3 If one, several, or all participants cannot participate in the booked mission, the respective provider must be informed by the customer at least 48 hours in advance by email or telephone.
5.4 When booking via the provider’s website, the number of participants can be increased to a maximum of seven participants per team via a web link in the booking confirmation.
5.5 Fees paid will not be refunded. Fees still to be paid remain due. However, the customer is permitted to prove that the respective provider has suffered no or significantly less damage.
5.6 If the respective provider agrees to a change request, he will send the customer a corresponding confirmation by e-mail or fax, in which the changes or the changed booking are listed.
5.7 Furthermore, the provider is entitled at any time, but not obliged, to issue vouchers to the customer as a gesture of goodwill in the amount of the booking price or proportionately (possibly against invoice), which can be redeemed at a later date.
5.8 The vouchers are sent by email; if shipping by post is agreed upon, the customer must pay additional postage for shipping.
6. Scope and implementation of services
6.1 The respective provider offers various service components with the mission. Individual missions are constantly being improved, which is why there is no entitlement to the continuity of individual services. Foxtrail reserves the right to adjust the offer on the website at any time, even at short notice.
6.2 Depending on the scope booked and the respective mission, these mission services from the respective provider may include the following services: Completion of the booked mission and the items contained therein; Use of the helpline (at standard call costs); Provision of tickets for the use of any necessary means of transport (public transport, taxis, bicycles, etc.); Use of equipment and facilities that may be required; If necessary, admission to facilities (museum, castle, etc.); possibly snacks and surprises.
6.3 The booking confirmation sent to the customer is exclusively decisive for the content and scope of the service booked in each case as part of a mission.
7. Cancellations and Changes by Vendor
7.1 The provider reserves the right to divide several participants into individual teams for organizational reasons to facilitate the booked services’ performance and improve the experience for the individual participants.
7.2 The respective provider reserves the right to change individual components of a mission under certain circumstances subsequently or to replace them with other, equivalent services, provided that this is reasonable for the customer or the participants in the individual case. This applies, in particular, to individual items. Circumstances that may entitle the provider to make a change after the booking has been made are, in particular: Loss of partners who are relevant for the booked mission; Changed opening hours of partners; Damage, defects, vandalism, or unusability of individual components or facilities of a mission; exceptional weather conditions, e.g., storms, snowfall, ice, floods; construction works; Interruption or SEV in public transport; orders from authorities.
7.3 The respective provider will immediately inform the customer of any intended changes by e- mail.
7.4 If a change is out of the question, the respective provider, taking into account the circumstances of the individual case (e.g., the short-term nature of the underlying circumstances, the scope of the service concerned), and the interests of the Customers or participants are entitled to cancel the booked mission altogether. The provider will inform the customer of the cancellation immediately by e-mail. He will then make alternative suggestions to the customer or send a voucher, which the customer can then use to book an alternative mission. The statutory rights of the customer remain unaffected.
8. Mediation of third-party services
8.1 Upon request, the respective provider provides the customer or the participants with additional valuable services from third parties (hereinafter “Third Party Services“), such as hospitality or accommodation services. The third-party services are provided exclusively by the respective third party and billed to the customer or the participants. The respective third party is solely responsible for the third-party services, in particular their availability, quality, and safety, and is, therefore, the customer’s contractual partner. The provider assumes no liability or guarantee for this.
8.2 In the event of a cancellation or change by the provider in accordance with Section 7, which makes the use of the third-party service lapsed or at least unreasonable, the respective provider will endeavor to find a solution. Otherwise, the respective provider is only liable in accordance with these Foxtrail GTC.
9. General Conditions of Participation
9.1 Each participant must be physically and mentally able to complete a hike on hiking trails and orientate themselves in the terrain; this requires average orientation skills, although special local and regional knowledge is not required. The missions are on the website https://www.foxtrail.pt adequately described; special requirements are marked there.
9.2 Persons with a tendency to have seizures or faint, as well as people with special temporary or permanent needs, are only permitted to use and stay when accompanied by an accompanying person.
9.3 Serious physical illnesses that can significantly impair the use of the mission (e.g., epilepsy, heart, and circulatory diseases), as well as mental conditions in the form of impaired perception, must be reported.
9.4 The respective provider reserves the right to refuse the use of the mission in individual cases, taking into account the interests of the participant concerned.
9.5 Bringing animals is generally not permitted but may be allowed in exceptional cases by the respective provider upon prior request.
9.6 The recommended minimum age for a participant is six years. As far as the participants are students, a recommendation from the 5th grade applies.
9.7 Children and young people up to the age of 15 may only be accompanied by their parents, direct family members, and a caregiver (e.g., teacher) who must be at least 16 years old. Each team must have at least one caregiver or direct family member aged 16 or 1 parent. The caregiver must be able to prove permission to provide care at any time. Clause 11 applies to liability.
9.8 In good time before the start of each mission, each customer receives an individual booking code that entitles the participants specified at the time of booking or in accordance with the provisions of these Foxtrail GTC to participate in the booked mission (hereinafter “Fox trail ticket”). According to the respective booking confirmation, the Foxtrail ticket entitles you to use the mission and other service components. The participants must always carry the Foxtrail ticket during participation and, upon request, must be proven to the employees of the respective provider, the partner, and/or other third parties.
9.9 Traveling to and from the booked mission is the customer’s or participant’s sole responsibility.
9.10 Since the missions are always reserved for the individual customer and the booked period, it is essential that the participants appear at the agreed place on time at the start time and allow for delays on arrival due to traffic, public transport, and other factors. The check-in time window is five minutes before and five minutes after the booked slots, and If participants do not check in on time, we cannot guarantee that the booked mission will be carried out. If the service cannot be performed, you can still contact the helpline, in working days and hours, to try and exceptionally rebook for another time. Still, there is no entitlement to reimbursement of the agreed fee.
9.11 For the use of a mission, subject to supplementary or deviating provisions for individual missions on the website https://www.foxtrail.pt provide the following minimum equipment: at least one mobile phone/smartphone that is ready to receive and transmit per team, with call and usage fees being borne by the participants; casual clothing appropriate to the weather and suitable footwear for completing the mission; and
9.12 Only the missions marked on the provider’s website are barrier-free and suitable for participants with special conditions, including prams, walking sticks, crunches, and/or wheelchairs.
10. Warranty
10.1 The missions are either open-air or on partners’ premises; the installed posts are mostly open to the public. Despite regular testing and maintenance of each mission, it is possible that individual
10.2 Parts and items are not or are not fully usable for a short period of time (e.g., due to weather, willful destruction/damage, fixed opening times). In this case, the participants have no right to warranty and/or liability against the provider, and the provider does not assume any liability for third-party services.
11. Liability
11.1 The participants complete the mission at their own risk. It is up to each participant to take out appropriate insurance, but Foxtrail recommends this. This applies, in particular, to barrier-free missions. Accordingly, Foxtrail and the respective provider assume no liability for damage, even if it is attributable to the use of a mission and the individual items on a mission. This does not apply if Foxtrail or the respective provider is guilty of intent or gross negligence and not in the case of personal injury or the violation of essential contractual obligations, which make the fulfillment of the contract possible in the first place and on whose observance the customer has relied and may rely.
11.2 All of the above liability regulations in favor of the respective provider also apply to their auxiliary persons, responsible persons, employees, authorized persons, and representatives. The respective partner is solely liable for damage suffered by participants when using the individual items.
11.3 The customer and the participants are jointly and severally liable for all damage, particularly to buildings, systems, or facilities (e.g., items). Caregivers or parents are liable for and alongside their children. The customer and the participants must constantly observe and follow any instructions and rules of use of the partners without restriction.
11.4 The respective provider and Foxtrail are under no circumstances liable for third-party services that they merely mediate.
12. Disqualification of Participants
12.1 The respective provider is entitled to exclude an individual or all participants from the mission if a participant violates the provisions of these Foxtrail GTC, and further participation is not reasonable for the provider; the registered number of participants has been exceeded, or there is another important reason.
12.2 Other rights of the respective provider according to these Foxtrail GTC or according to the law remain unaffected.
13. Force Majeure
13.1 The provider is not liable for damage caused by reasons beyond his sphere of responsibility and influence (e.g., storms, traffic disruptions, natural disasters, unrest). The same applies to technical faults or power failures, provided the provider is not responsible for the cause.
13.2 If and for as long as the provision of services becomes temporarily unfeasible but has not yet begun, the mutual performance obligations are suspended until the obstacle has been removed. The parties must then mutually agree on a postponement. If the hindrance lasts longer than two (2) weeks, each party can withdraw from the contract by making a declaration to the other party in text or written form.
14. Confidentiality
14.1 The customer and the participants are obligated not to share any game elements of the mission, including tasks, layout, puzzles, setup, game process, and structure, with third parties or to use them for their own or third-party commercial purposes. Taking photos or videos on the premises is only permitted with the written consent of the respective provider.
15. Privacy
15.1 When inquiring about and booking a mission, as well as in the context of the performance of the service, the data of the customer and the participants are collected, stored, and processed within the framework of the statutory provisions. The details of this are regulated in the provider’s Privacy Policy, which can be accessed on the website.
16. Newsletters
16.1 During the booking or check-in process, customers can click on a box (so-called “opt-in”) to allow Foxtrail or the respective provider to contact him/her in the future for other reasons, including regular electronic newsletters via email. You can unsubscribe from this newsletter at any time and free of charge via a corresponding web link in every e-mail sent with a mouse click (“unsubscribe link”) or by sending an informal message to Foxtrail or the respective provider (e.g., by e-mail).
16.2 In the newsletter, Foxtrail or the provider refers to their own offers, optional offers from third parties, and information on leisure activities.
17. No Right of Withdrawal
17.1 The customer is informed that there is no right to withdraw.
18. Copyright and Other Rights
18.1 All copyrights and other (property) rights to the mission, the online gaming platform, the (starting) Documents, plans, images, texts, and other materials from Foxtrail or the respective provider, and the website https://www.foxtrail.pt belong and remain with Foxtrail or the respective rights holder in any case. The customer is informed that Foxtrail operates its services in Germany on the basis of an exclusive license from Swisscovery GmbH, Bergstrasse 1, 6004 Lucerne, which is also the owner of several trademarks registered for Foxtrail.
18.2 Any use, particularly copying, duplicating, passing on, and publishing Foxtrail, the mission, the (starting) documents, and/or others.
18.3 Products of the provider, regardless of the form (e.g., in electronic or non-electronic form), are not permitted and will be prosecuted under civil and/or criminal law.
19. Governing Law, Venue, EU Arbitration, and Other
19.1 Subject to other mandatory provisions, the law of the República Portuguesa shall apply exclusively to all legal relationships between Foxtrail, the respective provider and/or the partners on the one hand and the customer and the participants on the other hand, excluding the UN sales law and another international conflict of laws.
19.2 If the customer is a merchant, a legal entity under public law, or a special fund under public law, the courts at the registered office of the respective provider have exclusive jurisdiction.
19.3 In case of complaints about Foxtrail, the respective provider, and/or the partners, the customer can contact the Portuguese platform European platform for online dispute resolution in consumer matters at any time: https://www.livroreclamacoes.pt/Inicio/.
19.4 Foxtrail or the respective provider point out that neither he nor the partners are willing and not obliged to participate in (alternative) dispute resolution procedures before a consumer arbitration board.
19.5 These Foxtrail GTC and the respective booking confirmation represent the entire agreement regarding participation in the mission. Subject to an individual agreement, any changes and/or supplements to these Foxtrail GTC must be in text form, including the waiver of the text form requirement.
19.6 Should one or more clauses of these Foxtrail GTC be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The contracting parties will replace the ineffective provision with an effective provision that comes as close as possible to the intended economic purpose of the invalid provision. The above applies accordingly to unintentional gaps in the contract.