GENERAL TERMS AND CONDITIONS

Status: May 2026

§ 1 Scope of application & contractual partners

These General Terms and Conditions apply to all services provided by Fuchs Fabio, Rieckmann Ben Dierk GbR (hereinafter referred to as „X-CRATE“ or „Provider“), Beethovenstraße 6, 63768 Hösbach, Germany, to its customers.

Depending on the service model (§ 2), the contractual partner is either an end user (consumer within the meaning of § 13 BGB) or an entrepreneur (§ 14 BGB). The following provisions apply accordingly, unless expressly differentiated by contract type.

Deviating terms and conditions of the customer are not recognised unless X-CRATE expressly agrees to them in writing.

§ 2 Performance models

X-CRATE offers three different performance models:

Model A - Pay-per-use (usage fee for end customers)

End customers (guests of an accommodation or other users) can hire the X-Crate outdoor games box for a certain period of time against payment of a usage fee. The contract is concluded exclusively via the online booking form on the X-CRATE website. Upon completion of the booking process (confirmation of payment by Stripe), a rental contract is concluded between the end customer and X-CRATE.

Pay-per-use scope of services:

  • Temporary use of the X-Crate Box for the booked period
  • Access to the digital game site for the duration of the booking
  • Delivery of a PIN code to open the lock
Model B - Provision flat rate (for accommodation operators)

Accommodation operators (hotels, holiday flats, campsites, etc.) can agree the permanent installation of an X-Crate Box at their location in return for a one-off provision fee. The contract is concluded in writing or by e-mail. The provision fee covers the logistics, initial equipment and initial set-up of the location. This is a B2B contract.

Model C - one-off purchase

Buyers can purchase the X-Crate outdoor play box once. With the purchase, ownership and material risk are transferred to the buyer. The purchase contract is concluded upon confirmation of the order by X-CRATE. As a rule, this is a B2B transaction.

§ 3 Prices & terms of payment
Pay-per-use (Model A)

The usage fee and the amount of the deposit are shown transparently in the booking form. Payment is made in full and in advance via the payment service provider Stripe. X-CRATE reserves the right to adjust prices and deposit amounts depending on the location and booking period. The amount displayed at the time of booking is decisive.

Provision flat rate (Model B)

The provision fee will be charged once. All prices are net plus the applicable value added tax. Payment shall be made by bank transfer within 14 days of receipt of the invoice. For EU buyers outside Germany, the reverse charge procedure applies.

One-off purchase (model C)

All purchase prices are net plus the applicable VAT. Payment shall be made by bank transfer or another payment method offered within 14 days of receipt of invoice.

§ 4 Deposit (pay-per-use)

For every pay-per-use booking, a deposit is charged in addition to the usage fee. The amount of the deposit is clearly stated on the booking form. The deposit serves as security against damage, loss or non-fulfilment of the obligation to return the equipment.

Collection of the deposit:
The deposit is collected together with the usage fee via Stripe when the booking is finalised.

Refund of the deposit:
The deposit is automatically refunded as soon as the box has been returned complete and undamaged and X-CRATE has confirmed the return. The refund is usually made within 7 days of the return using the same payment method (Stripe). The exact refund period may vary depending on the customer's payment provider and bank.

Retention of the deposit:
X-CRATE is authorised to retain the deposit in whole or in part if:

  • the box is not returned within 48 hours of the end of the booked period of use,
  • the box is returned damaged, incomplete or in an improper condition,
  • the customer does not initiate a return despite a reminder.

In the event of retention, the customer will receive written notification by e-mail with reasons. If the actual damage exceeds the amount of the deposit, X-CRATE expressly reserves the right to assert further claims for damages.

§ 5 Booking, use & return (pay-per-use)
Booking process

The booking process takes place entirely online via the booking form. After successful payment, the customer receives a booking confirmation and the PIN code to open the lock by e-mail. The agreed period of use begins upon receipt of the PIN code.

Utilisation obligations

The user is obliged:

  • to use the box exclusively for its intended purpose (outdoor leisure use),
  • protect the box from damage, loss or theft,
  • to keep the game materials complete and undamaged,
  • not to make any changes to the box, lock or contents.
Return

Returns are made via the digital return process on the X-CRATE website. The user confirms the complete return, photographs the condition of the box and completes the return process digitally. The return is only considered complete when the return process has been fully completed.

The box must be returned by the end of the booked period of use at the latest. If the box is not returned on time, X-CRATE is authorised to retain the deposit after 48 hours (§ 4) and to take further measures.

§ 6 Delivery & transfer of risk (one-off purchase)

Deliveries are made within Germany and to other EU countries. The delivery time is usually 3 working days after receipt of payment, unless otherwise stated in the order confirmation. The transfer of risk takes place upon handover to the shipping service provider in accordance with § 447 BGB.

§ 7 Right of cancellation
Pay-per-use (Model A) - Consumer

Consumers generally have a 14-day right of cancellation. However, as the booking process includes the immediate provision of the PIN code and thus the immediate start of the service, the right of cancellation expires in accordance with Section 356 (5) BGB upon complete provision of the service, but at the latest upon receipt of the PIN code, provided that the consumer has expressly agreed that performance will begin before the expiry of the cancellation period.

A refund of the usage fee after receipt of the PIN code is therefore generally excluded. Irrespective of this, the deposit will be refunded in accordance with the provisions of § 4.

One-off purchase (Model C) - B2B

As a one-off purchase is generally a B2B transaction, there is no statutory right of cancellation in accordance with Section 312g BGB. A return is only possible in the case of proven defects or individual written agreement.

§ 8 Warranty & Liability
Warranty (one-off purchase)

The statutory warranty period is 24 months from delivery. The seller is not liable for damage caused by improper use or force majeure.

Limitation of liability

X-CRATE is liable without limitation for damages resulting from injury to life, limb or health as well as for damages caused by intent or gross negligence. Otherwise, liability is limited to foreseeable damage typical of the contract. Any liability for indirect damages, in particular lost profits or loss of use, is excluded to the extent permitted by law.

§ 9 Online access & digital content

With every booking or purchase, the user receives access to the X-Crate online gaming site:

  • Pay-per-use: Access for the duration of the booking
  • One-off purchase: Access for two years from activation; unless cancelled in writing by e-mail to info@x-crate.com at least three months before expiry, access is automatically extended for a further year

All digital content remains the property of X-CRATE and is protected by copyright. They may not be copied, saved, reproduced or passed on to third parties.

§ 10 Data protection & payment processing

The processing of personal data is carried out in accordance with the Privacy policy of X-CRATE. Payment processing in the pay-per-use model is carried out via Stripe Payments Europe, Ltd. X-CRATE does not store any complete payment data.

§ 11 Force majeure

X-CRATE is not liable for delays or non-fulfilment of obligations due to unforeseeable events such as natural disasters, pandemics, strikes or government measures. In such a case, the fulfilment period is extended accordingly.

§ 12 Applicable law & place of jurisdiction

German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory statutory regulations in the consumer's country of residence remain unaffected. The place of jurisdiction for commercial disputes is Aschaffenburg.

The European online dispute resolution platform can be used for international disputes: https://ec.europa.eu/consumers/odr. X-CRATE is not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board.

§ 13 Changes to the GTC

Existing customers (model B and C) will be notified of changes to the GTC in good time. If an existing customer does not object within 14 days of receiving notification of the change, the new GTC shall be deemed to have been accepted. In the pay-per-use model, the current version at the time of booking applies.

§ 14 Final provisions

Should a clause of these GTC be invalid, the remainder of the contract shall remain valid. The invalid clause shall be replaced by a legally permissible provision that comes closest to the economic purpose.

X-CRATE | Fuchs Fabio, Rieckmann Ben Dierk GbR
Beethovenstraße 6, 63768 Hösbach, Germany
e-mail: info@x-crate.com | Web: www.x-crate.com

Scroll to Top