Terms and Conditions of Transportation
- 1 Scope of application
(1) The Terms and Conditions of Transportation that are displayed publicly apply to the transportation of persons and goods and during time spent on the cable car premises. The cable car premises include the cableway, stations, passenger queuing areas and rooms, including in front of the ticket offices, as well as platforms and their access areas.
(2) Insofar as the cable car operator bears liability for paths etc. in accordance with the principles of a duty of care for transportation or for other reasons, reference is made to section 9 paragraph 2. The user assumes personal responsibility for use of these in the free assessment of his/her personal capabilities; particular reference is made to the general statutory provisions as well as internationally recognised rules of conduct. It is in the passenger's own interests to follow the instructions on the path signs. Particular reference is made to the consequences, which are described in more detail in section 5.
- 2 Order and safety
(1) Entrance to the platforms is permitted only with a valid ticket during the operating hours indicated and under the supervision of cable car staff.
(2) Signs regulating the conduct of passengers are binding.
(3) Instructions given by cable car staff regarding the operation of the cable cars, maintaining calm, safety and order in the cable car facilities and during operation are to be complied with immediately.
(4) Unless cable car staff give instructions to the contrary, it is not permitted: a) to enter the cable car facilities and the rooms in the stations that are not open to the general public or passengers in accordance with regulations; b) to damage or soil the premises, operational facilities and the means of transportation, create obstacles, set the cable cars and means of transportation into operation without authorisation, activate the facilities used for operation or the prevention of accidents, undertake any other actions that disrupt or endanger operations, or climb onto pylons. The costs for cleaning and removal of obstacles are to be borne by the person causing them, or at least € 60.00 unless he/she can provide evidence of a lower loss; c) to board or alight in places other than those determined for this purpose and the side of the cable car intended for this purpose; d) to alight from cable cars – even in the event of disruption – outside the station; e) to smoke anywhere on the entire premises and during transportation; f) to hold items outside the cable car or the cableway, or throw items out of the cable cars during the journey.
(5) After the end of the journey, the cable car as well as the alighting areas are to be left promptly in the direction indicated.
(6) Items accompanying passengers must not endanger the safety of other passengers.
(7) The closed doors of the cabins may only be opened by cable car staff. This applies in particular in the event of disruptions to operations.
(8) The stations and cable cars are automated and monitored by CCTV equipment. Recordings are used in compliance with data protection regulations relating to surveillance and the pursuit of violations.
- 3 Transportation of persons
(1) Passenger are entitled to transportation insofar as there is an obligation to provide transportation in accordance with the State Act on Railways and Cable Cars (Landeseisenbahngesetz – LEisenbG) for Rhineland-Palatinate or other regulations and insofar as transportation using the existing facilities is possible and permitted. Section 8 remains unaffected.
(2) Times of transportation are shown in the timetables on display. Special agreements remain unaffected; this also applies to journeys that are not scheduled in the timetable.
(3) If a justified request is made by a disabled person, the cable car will be halted, or its speed reduced, to allow the person to board or alight. No guarantee is assumed for the suitability of the facilities to transport such persons.
- 4 Transportation of items and animals
(1) Taking hand luggage and sports equipment (e.g. bicycles) etc. is permitted only to the extent that this does not cause any unreasonable disruption and no danger to persons, items or the cable car. Sports equipment is to be placed in the areas designated for this purpose where they are available.
(2) The transportation of dogs is permitted exclusively with a muzzle and a lead. This also applies to dogs accompanying a disabled person (e.g. guide dogs, signal dogs for the hard of hearing or companion dogs for the physically disabled). The transportation of other animals is not permitted.
(3) Passengers are prohibited from taking firearms, explosive, highly inflammable or corrosive materials with them unless they are carried by persons exercising responsibilities of a public authority or holders of a hunting licence. They or their employer are liable without limitation for any case of loss or damage arising from taking such items in the cable cars.
- 5 Exclusion from transportation /withdrawal of ticket
(1) Persons can be excluded from transportation: a) who breach the transportation regulations or who fail to comply with the instructions of cable car staff; b) who due to their own misconduct – even while queuing – constitute an unreasonable nuisance for other passengers or who cause considerable disruption to operations; c) who misuse tickets.
(2) A ticket may be permanently or temporarily withdrawn from persons: a) who endanger safety in the cable car facilities; b) who disregard instruction or prohibition signs; c) who misuse tickets.
- 6 Fares and tickets
(1) The use of facilities is only permitted for persons who have purchased a ticket. Passengers are obliged to present tickets at any time on request and to carry them with them in accordance with the regulations.
(2) Individual tickets (for return or single journeys) entitle the holder to two or one journey per day respectively on the cable car. Season tickets are not transferable. Only the season ticket holder is entitled to use the facilities. A season ticket holder is entitled to use the cable car several times a day.
(3) Taking bicycles or dogs is possible after payment of a surcharge; this also applies to season ticket holders.
(4) Fares are published by means of a notice displayed at the stations or ticket offices, or on the website www.seilbahn-koblenz.de.
(5) An entitlement to reduced fares for groups etc. only exists if the group has arrived together. Groups that only assemble at the place of transportation cannot be recognised as such. Groups or individual passengers must provide evidence of entitlement to a reduced fare.
(6) No compensation will be paid in the event of loss, or only partial use, of an individual ticket.
(7) Unused individual tickets lapse and will not be refunded.
(8) If a season ticket is lost, it will be deactivated on request and replaced with a new ticket (fee € 5.00).
- 7 Higher fare
(1) A passenger is obliged to pay a higher transportation charge if he/she: a) has not obtained a valid ticket; b) has obtained a valid ticket but fails to present this during inspection; c) has not validated, or arranged for validation of, the ticket, or failed to do so immediately when going through the barrier or inspection; d) fails to present the ticket for inspection when requested to do so; e) uses a ticket unlawfully, or is found with a forged ticket; f) enters the controlled area of the cable car with a season ticket that is not in his/her name. We reserve the right to institute criminal proceedings or proceedings resulting in a fine. The provisions listed in paragraphs 1 and 3 will not be applied if a ticket has not been obtained or validated for reasons for which the passenger was not responsible.
(2) The higher fare listed in paragraph 1 will be three times the fare foreseen for this transportation, however at least € 40.00.
(3) The higher fare will be reduced in the case of paragraph 1 b) to a surcharge of € 10.00 if the passenger provides evidence to the operator within one week of the date of detection that he/she was the holder of a valid ticket at the time.
(4) Any further claims remain unaffected.
- 8 Release from the transportation obligation
Cases of force majeure, e.g. bad weather as well as strikes, lockouts, disruptions to operation or unforeseeable circumstances that may have an adverse effect on the safety of operations, will postpone the obligation to provide transportation by the duration of the obstacle and an appropriate start-up time, or will lapse if they are impossible to remedy or fail to be remedied promptly. An entitlement to a refund does not exist in these cases as a general principle. Similarly, no refund will be given for losses caused by the weather or for unused tickets following illness or injury.
- 9 Liability and compensation
(1) The cable car company is liable in accordance with the relevant statutory provisions, in particular those of the Civil Liability Act.
(2) The cable car company is only culpably liable if its statutory representatives, management or agents (including assistants) act with intent or gross negligence. This does not apply to injury to life, body or health.
(3) All claims that have not been explicitly mentioned – in particular also owing to delays in rail and bus connections – are excluded insofar as this is permitted by law.
(4) The cable car company will not be liable in particular for specific risks associated with the weather.
- 10 Lost property
Anyone who finds a lost item on the cable car premises and takes this with them is obliged to hand it over immediately to the cable car staff in accordance with Article 978 of the German Civil Code (BGB).
- 11 Statute of limitations
(1) Claims arising from the transportation contract will lapse 2 years after the claim arises but will definitely lapse at the end of the operating licence.
(2) For the rest, the statute of limitations will be determined by general provisions.
- 12 Place of performance and place of jurisdiction
(1) The place of performance is the registered office of the cable car company.
(2) The place of jurisdiction for non-commercial transport is the place of residence of the user, and insofar as the conditions of Article 38 of the German Code of Civil Procedure (ZPO) apply, it is the registered office of the cable car company.
§ 13 Partial invalidity
Should individual provisions of these Terms and Conditions of Transportation be ineffective or invalid, in full or in part, the remaining provisions will continue to be binding.