„Holocafé“ is an offer of FunSports Area GmbH, Max-Planck-Straße 2a, 53842 Troisdorf (hereafter „operator“), under license from Holocafe GmbH, Am Wehrhahn 41, 40211 Düsseldorf.
At the „Holocafé“, the operator provides customers the option to experience the latest virtual reality technology ("VR technology") as part of games and other entertainment media.
The usage of the VR technology inside the Holocafé is possible within a closed group or together with foreign customers. Corresponding wishes are to be declared during the booking process. Otherwise, a usage together with foreign customers is assumed.
Bookings and Cancellations
Bookings can be placed either through the Holocafé website or on the phone. A booking becomes legally binding by clicking the button "reserve liable for costs" or "book and pay liable for costs". The operator will confirm the receipt of the booking immediately via email to the entered address. A binding contract concerning the usage of the Holocafé comes into being with this confirmation.
Reservations expire 30 minutes before the respective date at the latest, unless the customer has previously picked up and paid for their tickets at the Holocafé. This does not apply to tickets that have been purchased and already paid for online.
If the customer does not appear despite having already paid for their booking and if the operator receives no message that the booking will not be taken, the operator has the right to assign the respective court to other guests after half of the duration of the booking has passed. Eventual revenues arising from this relet will be imputed against the booking fee.
If a booking has been paid in advance, it can be cancelled at any time up to 3 days before the booking date at no costs. If the fee has already been withdrawn, it will be refunded through the same payment method. In any other case, no withdrawal will be initiated at all.
If a booking is cancelled later than 3 days before the date, the operator receives a claim to remuneration. He will however impute whatever costs he saves or earns otherwise because of the cancellation. If no new customer can be acquired for the duration of the booking, the operator has the right to retain 95% of the booking fees as cancellation fee. In the case of a relet pro rata temporis, the cancellation fee will be reduced accordingly, notwithstanding the proof by the customer of a substantially higher cost saving or alternative earnings.
In case the occupancy allows so, the operator can check whether a change of reservation to another date within 14 days is possible under cases according to figure 2.5 and under consideration of possible imputation of the already charged fees. The operator is however not obliged to do so.
For group bookings starting at 5 people, a free of charge cancellation according to figure 2.4 is only possible for up to 5 days ahead of the date.
Group bookings starting at 5 people as well as company bookings are only possible pre-paid.
The operator reserves the right to cancel a reservation in case there are colliding booking requests from other customers for the same time and the original customer does not make use of his cancellation right and has not pre-paid for the booking despite being asked to by the operator with an appropriate deadline. The operator may also withdraw from a reservation if his service provision is inhibited through force majeure or if a reservation is made using false or misleading information, whereas the identity or age of the customer can be critical.
Youth Protection and Age Rating
The games and multimedia applications that are served to customers at the Holocafé are partly rated by USK (Freiwillige Selbstkontrolle Unterhaltungssoftware GmbH) in compliance with the German youth protection act or the corresponding federal treaty. If that is not the case, the operator will assign a rating.
The operator will give access to games and applications up to the age group that corresponds to the youngest group member.
The operator thus reserves the right to check the customer's age through a public identification document (ID, passport, driver's license). In case an age check is not possible for all guests, the operator reserves the right to only grant access to games and multimedia applications that either have no age restriction or are rated 6+.
Due to organisational reasons, games and multimedia applications having a higher age rating cannot be granted access to even if minors are accompanied by their parents.
There will be no refund of tickets if particular requested games cannot be given access to because of age ratings.
Exclusion from Usage
The operator reserves the right to exclude individuals from the usage of the Holocafé in the isolated case that they are alcoholised or have taken other mind-altering drugs. This also applies to individuals who - despite repeated warnings - continue to disturb other customers or staff by acting loud or disturbing their experience by acting racist, provocative or in a different inappropriate manner. Advertising for political parties, religion or other ideologies is also not allowed in the Holocafé.
The VR technology is a young technology that is being continuously improved. The Holocafé utilizes the most recent technology, however the usage can - similar to other screen applications - cause dizzyness, nausea, visual disorder, eye strain, disorientation, disturbance of consciousness, headache and up to an epileptic seizure. Should you be aware of any pre-existing condition, we discourage you from using VR technology at the Holocafé. In any case of pre-existing conditions, also within your family, you should consult a doctor before your Holocafé visit. If you experience symptoms during usage, we discourage the continued use of the VR technology. We recommend taking a 15 minute break after each hour latest.
A refund because of a restricted or averted usage due to reasons described in figures 4.1 or 4.2 can only be granted in accordance with the rules described in figure 2.
Claims for damages from customers are foreclosed, unless stated otherwise in the following. Excluded from this regulation are claims for damages from customers that arise from fatalities, injuries, induced health issues, breaches of primary obligations or cardinal duties and liabilities for other damages that are caused by the intentional or grossly negligent violation of duty through the operator, his legal representation or proxies. Primary obligations are obligations that are necessary for the fulfillment of the contract. A cardinal duty is a duty that is a necessary prerequisite for the proper fulfillment of the contract and thus can be relied upon regularly by the contract partner.
In the case of a violation of a cardinal duty, the operator is only liable for foreseeable damages that are typical for the contract if these have been caused negligently, unless they are claims for damages related to fatalities, injuries or induced health issues.
These restrictions also apply in favour of legal representatives and proxies if damages are claimed directly against them.
Site Rules (Recordings/Drinks/Food)
The taking and publishing of pictures and videos at the Holocafé is allowed. The right of publicity of people you filmed or photographed must be respected, however.
The consumption of drinks and food that were brought in is not allowed.
German law applies.
Should any provision be void or incomplete in parts or total, other provisions in the contract shall not be affected.
Should the customer be business people, public separate estate or corporate bodies under public law, Düsseldorf is agreed upon as sole place of jurisdiction.