General Terms and Conditions
- Scope of application
1.1. These General Terms and Conditions apply exclusively to the purchase, sale and use of tickets for transportation by the cable car company, and are accordingly accepted by purchasers when they purchase and use tickets.
1.2. These General Terms and Conditions do not apply to orders placed via the Internet, which are governed by the terms and conditions indicated during the order process.
- Contractual relationship
2.1. The purchase of a ticket gives rise to a contractual relationship regarding cable car transportation exclusively between the purchaser or holder of the ticket and Skyglide Event Deutschland GmbH, hereinafter abbreviated to “Skyglide”.
2.2. The purchaser or holder of a ticket must comply strictly with the Terms and Conditions of Transportation on display.
2.3. Breaches of the Terms and Conditions of Transportation will be penalised with expulsion from the cable car premises without a refund of the fare.
2.4. Events for which Skyglide is not responsible are subject to the event terms and conditions as issued by the event organiser.
- Terms of payment, orders and dispatch
3.1. Orders of ticket allocations for sales partners in accordance with section 6.2 must be placed using the order forms provided by “Skyglide”. The sales partner undertakes to make an advance payment of 50% of the value of each order. The minimum quantity for an initial order is 20 individual tickets. Sales partners are entitled to return tickets up to the quantity ordered within one month after the end of the relevant season (calendar year) in which the order was placed. A final invoice will subsequently be issued in accordance with the discount scale specified by “Skyglide”. Tickets returned by the sales partner after this deadline will lapse and will not be included in the settlement.
3.2. Tickets will be sent at the expense and risk of the sales partner or purchaser.
3.3. The choice of transport company for the dispatch of the tickets will be made by “Skyglide” or its agent.
3.4. The purchaser is obliged to verify the delivery on receipt to ensure that it matches the order.
3.5. Any complaint regarding tickets must be made within 5 working days of delivery by the sales partner or purchaser in writing (by e-mail or post) to “Skyglide”.
3.6. The postmark, or e-mail from “Skyglide” confirming receipt, will determine whether the deadline for the complaint has been observed. There will be no entitlement for tickets to be taken back or (replacement) tickets to be re-issued after the obligation to honour expires.
- Return / loss of tickets
4.1. As a general principle, it is not possible to return or refund tickets that have been purchased.
4.2. Damaged tickets or tickets that the purchaser/holder has lost will as a general principle not be replaced or refunded.
5.1. Conditions regarding reductions for groups, young people and adults or families can be found on the website www.seilbahn-koblenz.de, or on the notices displayed at the ticket offices.
5.2. Special arrangements for sales partners will be determined in separate sales agreements.
- Use and resale of tickets, contractual penalty
6.1 As a general principle, tickets can only be purchased for private use.
6.2. Exceptions to this are sales partners such as travel agents, tourist service companies, hotels or accommodation businesses and commercial organisations that purchase tickets as part of a sales agreement.
6.3 Purchase for trade-related or commercial resale that goes beyond this is prohibited without the prior consent of “Skyglide”.
6.4. Should “Skyglide” or its agents find that the purchaser and/or ticket holder has purchased tickets for commercial or trade-related purposes, or has resold them in a commercial or trade-related manner without consent, “Skyglide” can refuse future sales of tickets and demand payment of an appropriate contractual penalty for every infringement against this proscription up to an amount of ten times the ticket price (total tickets) that is not subject to judicial discretion. “Skyglide” reserves the right to institute legal proceedings.
6.5. Tickets can be used only during operating hours in the calendar year of purchase. Unused tickets will lapse without any entitlement to a refund.
- Access to the cable car premises
7.1 Access to the cable car premises, including the areas directly in front of the ticket offices, and the use of the cable car are subject exclusively to the Terms and Conditions of Transportation on display in the cable car premises.
7.2 The ticket holder is obliged in particular to comply with the instructions of the operating or security staff in the cable car premises in the interests of safety and orderly and trouble-free operation.
- Cable car operation
8.1. The cable car will be operated exclusively at the times on display in the cable car premises.
8.2. Additional operating times are possible in conjunction with events or for special journeys.
8.3. Operations will be suspended in the event of gales, thunderstorms or force majeure. Cable car operation may also be suspended in the event of malfunction.
8.4. If cable car operation is suspended for reasons listed in section 8.3., a ticket refund in the amount of the (partial) performance not provided by “Skyglide” will be possible. As a general principle, any additional compensation exceeding this is excluded. Claims for damages will only be processed in our administrative office. No payments will be made at the ticket offices.
- Right to own image
9.1. Every ticket holder agrees irrevocably for all current and future media to the use of his/her image without a fee for photographs, live broadcast transmissions and/or recordings of images and/or sound that are created by “Skyglide” or an event organiser in connection with the use of the cable car.
9.2. Taking photographic cameras and other image/film and sound recording equipment on the cable car for the purpose of commercial use is forbidden.
10. Liability/exclusion of liability
10.1. As ticket seller, “Skyglide” is responsible for cable car operation but not for admission to the fortress or to any events, for the operating hours during such an event, for the performance, course or quality of the event or information issued regarding it, and can therefore not be made liable.
10.2. “Skyglide” is liable in accordance with the Terms and Conditions of Transportation as the party responsible for cable car journeys.
10.3. “Skyglide” assumes no liability for personal, material and financial loss or damage in connection with the organisation and performance of events. Any claims in connection with such are to be directed exclusively to the event organiser.
10.4. All compensation is ruled out, with the exception of gross negligence or intent, in connection with the sale of tickets by “Skyglide”.
- Data protection provisions
11.1. The personal data of the purchaser required to conclude this contract will be used by “Skyglide” exclusively for the correct performance of this contract.
11.2. To the extent that a third party is involved in the performance of this contract, “Skyglide” is entitled to pass on data where this is necessary for the concluded contract to be performed.
11.3. Personal data will only be collected in accordance with the statutory provisions of the Federal Data Protection Act (BDSG). The purchaser also agrees to his/her data being used by “Skyglide” for the purpose of market and/or opinion research as well as for advertising purposes.
11.4 The purchaser is herewith explicitly informed that he/she can refuse the use or transfer of his/her data for the purpose of marketing by “Skyglide” at any time. The purchaser herewith explicitly declares that he/she has been made aware of the right of objection.
- Place of performance/place of jurisdiction/applicable law
12.1. The place of performance and exclusive place of jurisdiction is Koblenz.
12.2. “Skyglide” is entitled to take court action against the purchaser at any location that is a legal place of jurisdiction.
12.3. German law is to be explicitly applied to this contractual relationship.
- Final provisions
13.1. Verbal subsidiary agreements are not permitted.
13.2. Amendments to these General Terms and Conditions require the written form.
13.3. Should one or more provisions of these General Terms and Conditions be ineffective, this will not affect the validity of the entire contract. In this case, the ineffective provision will be replaced by a relevant legal provision, or by a provision that comes as close as possible to the interests of the parties.
Questions regarding ticket sales or the operation of the cable car can be directed to: www.seilbahn-koblenz.de
Last updated: 09/12/2013 Skyglide Event Deutschland GmbH