1. Scope of Application
1.1. The T&C govern the legal relationships between the Ötztaler Gletscherbahn – Gesellschaft mbH & Co. KG Sölden – Tirol (hereinafter also referred to as: “operator”) and the purchasers of an admission ticket or, respectively, the visitors of the installation 007 ELEMENTS (hereinafter also referred to as: “visitor”).
1.2. The purchase of admission tickets and the visit of the installation 007 ELEMENTS shall exclusively be governed by the present T&C which the visitor accepts when sending the order or on site by purchasing the admission tickets.
1.3. The current version of the T&C is respectively available under www.007elements.com.
1.4. The offers and services in connection with the visit of the installation 007 ELEMENTS shall only be provided based on these T&C.
2. Access to 007 ELEMENTS
2.1. Access to 007 ELEMENTS shall only be granted due to a valid admission ticket. With the access, the visitor agrees to comply with the house rules of 007 ELEMENTS as well as with the enclosed visitor rules (II). In case of a violation of the house rules, the visitor rules or the present T&C, the visitor may be banned from the installation 007 ELEMENTS without a refund of the ticket price.
2.2. The purchase of an admission ticket entitles the visitor to a single entry to 007 ELEMENTS exclusively during the mentioned time frame (“time slot”). A subsequent postponement of the time slot (postponement) shall only be possible with the express consent of the operator.
2.3. If tickets are purchased for two or more visitors, every visitor needs his own ticket and every visitor is assigned a certain time slot. For organisational reasons, it cannot be ensured that the visitors can have the same time slot.
2.4. The visitor himself shall take care that he arrives at 007 ELEMENTS on time, particularly taking into consideration transport and waiting periods. If the visitor does not arrive during the time slot assigned to him, the operator will try to grant him access to 007 ELEMENTS at a later time. Due to the restricted capacities, the large crowd of visitors and the limited opening hours (also of the feeder), the visitor shall not be entitled to be granted access at a later time when missing the access within the specified time slot. If the visitor cannot be granted access to 007 ELEMENTS (also at a later time) because the time slot has been missed by the visitor, the visitor shall (subject to point 2.7) not be entitled to a refund of the ticket price.
2.5. If access to 007 ELEMENTS can only be granted at a later time (for example due to a breakdown or due to operational delays), the visitor shall not be entitled to a reduction or refund of the ticket price.
2.6. If access to 007 ELEMENTS is not possible due to reasons of force majeure, the visitor shall not be entitled to a reimbursement of any payments already made. However, the operator will – without involving an entitlement of the visitor – try to grant the visitor access to 007 ELEMENTS as soon as the obstacle has ceased to apply. Inaccessibility of 007 ELEMENTS due to the weather conditions (for example shutdown of the Gaislachkoglbahn) shall in particular be deemed force majeure in the sense of this point.
2.7. If access to 007 ELEMENTS cannot be granted for reasons for which the operator is responsible, the visitor shall be refunded the payment made when presenting the valid original ticket. Pt. 7 shall apply to claims for damages exceeding the aforementioned.
3. Purchase of Admission Tickets
3.1. Admission tickets may be purchased either at the ticket counters of the operator or online under www.007elements.com (online tickets). The purchase of online tickets requires the specification of a valid e-mail address.
3.2. The order process of the purchase of the online ticket will be completed by clicking the button “Order now with obligation to pay”. In doing so, the visitor submits a binding offer to purchase an online ticket. The contract for the purchase of the ticket is concluded by the written acceptance by the operator (e.g. transmission of an order confirmation by e-mail) or by transmitting the ticket respectively within 14 days to the visitor.
3.3. The online ticket is transmitted by e-mail to the e-mail address specified by the visitor. The visitor shall bear the sole responsibility for the completeness and correctness of the information specified during the order process, for a functioning e-mail access as well as for a complete and legible printout of the online ticket.
3.4. All prices mentioned are in euros and include legal VAT.
3.5. If offered reductions are applied, the valid claim entitlement has to be proven when visiting 007 ELEMENTS by corresponding official documents. Reductions applied wrongfully result in the invalidity of the admission ticket.
3.6. Online tickets may exclusively be paid by means of the payment methods indicated during the order process.
3.7. Payment generally has to be made in advance.
3.8. In case of a return debit of the payment before the visit of 007 ELEMENTS as ordered, the admission ticket becomes invalid.
3.9. Admission tickets are excluded from exchange.
3.10. In the interest of safety, the visitor shall follow the instructions of the operator or, respectively, its employees (including the persons working at the ski lifts), the police and the security staff.
3.11. Purchasing an admission ticket does not entitle the visitor to use the cable cars and other infrastructure of the operator. In this regard, a separate contract for carriage has to be concluded.
4. Handling of Admission Tickets
4.1. The admission ticket or the printed online ticket shall be presented at the entrance before visiting 007 ELEMENTS. The admission ticket or the online ticket will then be validated by the operator manually or digitally.
4.2. The visitor shall be obliged to carry along admission tickets/online tickets during the entire duration of his visit of 007 ELEMENTS and to present them upon request of the staff.
4.3. The visitor may only make one printout of the online ticket. The visitor shall bear the sole responsibility for a complete and legible printout of the online ticket in a 100 % size.
4.4. Duplicating, modifying or forwarding the admission ticket or the online ticket shall not be permitted. In case of non-compliance, the visitor shall be liable.
4.5. In order to avoid a misuse, the visitor shall carefully keep the admission ticket or, respectively, the online ticket in safe custody. The admission ticket or the online ticket may also be validated by the access of a person having gained possession of the admission ticket unlawfully. When presenting a valid admission ticket or, respectively, a valid online ticket, the operator shall not be obliged to verify the access entitlement any further (in particular identity check).
4.6. Invalid or validated admission tickets and online tickets do not entitle to be granted access.
4.7. If the ticket is lost, there will be no reimbursement.
5. No Right to Withdraw
The services offered by the operator are services in the sense of sec. 18 par. 1 cl. 10 of the Austrian Long Distance and Remote Sales Act (FAGG, Fern- und Auswärtsgeschäfte-Gesetz) that are provided in connection with leisure time activities and at a certain time or, respectively, within a time period exactly specified. The visitor is thus not entitled to a right to withdraw (sec. 18 par. 1 cl. 10 of the Austrian Long Distance and Remote Sales Act (FAGG)).
6. No Commercial Purchase and Sale of Admission Tickets
6.1. In order to avoid misuse, black marketing and ticket speculations, the commercial or industrial purchase and sale of admission tickets without a prior express consent by the operator shall not be permitted.
6.2. In case of an inadmissible commercial or industrial purchase/sale of admission tickets, the operator may refuse the future sale of admission tickets, impose a ban on entering the premises and take further steps under civil or criminal law.
7. Exclusion of Liability
7.1. Claims for damages of the visitor may only be asserted if a damage was caused by the operator with intention or gross negligence.
7.2. This restriction does not apply to the compensation of personal damages as well as to compensation claims pursuant to the Austrian Product Liability Act (Produkthaftungsgesetz).
7.3. The operator shall in particular not be liable for damages resulting from the unauthorized duplication or the misuse of the admission ticket.
7.4. The operator reserves the right to block access to or, respectively, to remove individual “sites” or exhibits for maintenance and repair purposes. Blocking access to or removing only individual “sites” or exhibits does not result in a reduction of the ticket price or in refund claims of the visitor.
8. Intellectual Property Rights
8.1. The production of image and/or sound recordings by the visitors in the premises of 007 ELEMENTS as well as outside of them (if the buildings of the installation or the exhibits belonging to the installation are included in the recordings) shall only be permitted for private purposes. The commercial use of these image and/or sound recordings by the visitor or by third parties requires the express written consent of the operator.
8.2. The visitor expressly declares to agree with the publication or other use of images (etc.) of himself that are produced in the course of recordings of any kind whatsoever (in particular photo and film recordings) in 007 ELEMENTS, also for commercial purposes and also by third parties.
9. Data Protection
9.1. The visitor acknowledges that the data entered by him when placing the order are exclusively processed insofar as this is necessary for carrying out the order and the visit of 007 ELEMENTS (art. 6 par. 1 lit. b of the General Data Protection Regulation). The data will be deleted after expiry of the legal storage obligations. The legal data protection regulations are complied with by the operator. Pursuant to the General Data Protection Regulation, the visitor has a right to be provided with information on the concerned personal data, to correct, delete or restrict the processing of the concerned personal data as well as a right to object the processing of the concerned personal data and a right to data portability. Due to a claimed violation of data protection regulations, the visitor under certain circumstances has a right to complain to the data protection authority.
9.2. The disclosed customer data shall be transmitted by a secure process (SSL). Nonetheless, the operator may only assume the liability for attacks of hackers and the like under the conditions of point 7.
10. Applicable Law and Place of Jurisdiction
10.1. This contractual relationship shall exclusively be governed by Austrian law under exclusion of the principles of conflict of laws of private international law. Place of performance shall be Sölden.
10.2. Outside the scope of application of the EU Council Regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels I) and the Austrian Consumer Protection Act (KSchG, Konsumentenschutzgesetz), exclusively the court having substantive jurisdiction at the seat of the operator shall be competent for disputes arising out of this contractual relationship.
11. Final Provisions
11.1. Agreements deviating from these T&C or amending these T&C require the written form to be valid. The same shall be applicable in case of a derogation from the written form.
11.2. A modification or revised version of these T&C shall be possible at any time. The T&C shall then be effective as of the day following the new publication on the website www.007elements.com.
11.3. The validity of the remaining agreement shall remain unaffected by the invalidity of one provision or of individual provisions of these terms and conditions or of the contractual relationship governed by the terms and conditions. The contracting partners undertake to replace the invalid provision(s) by a regulation coming closest to it (them) in economic terms, as far as possible.