Version dated 03-11-2021
I. General Terms and Conditions (T&C)
1.SCOPE OF APPLICATION
1.1. If these “T&C– 007 ELEMENTS” have been effectively included, they shall govern (in addition to the individual agreement reached) the legal relationships between the Ötztaler Gletscherbahn – Gesellschaft mbH & Co. KG Sölden – Tyrol (hereinafter: “operator”) and the purchasers of an admission ticket or, respectively, visitors to the 007 ELEMENTS exhibition (hereinafter: “visitor”).
1.2. These “T&C – 007 ELEMENTS“ do not apply to the purchase of a lift ticket, a gift voucher or a voucher relating to services that are not provided at a specific time or, respectively, within a precisely specified period of time, or any other service provided by the Bergbahnen Sölden. In this case, the T&C of the Bergbahnen Sölden shall apply, provided that these have been effectively included in the contract.
2. ACCESS TO 007 ELEMENTS
2.1. Access to 007 ELEMENTS shall only be granted due to a valid admission ticket. The visitor shall comply with the house rules as well as with the enclosed visitor rules (II) when acceding and staying at 007 ELEMENTS. In case of a gross and repetitive violation of the house rules, the visitor rules or the present “T&C-007 Elements”, 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 due to the fault of the visitor, the visitor shall not be entitled to a refund of the ticket price.
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 online tickets 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 contractually agreed, the admission ticket becomes invalid.
3.9. 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 when accessing to, entering into and staying at 007 ELEMENTS.
3.10. 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. 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).
4.4. Invalid or validated admission tickets and online tickets do not entitle to be granted access.
4.5. In case of loss of non-personalised tickets (not related to a person) no replacement will be provided.
5. NO RIGHT TO RESCISSION
5.1. The services offered by the operator within the scope of these “T&C – 007 ELEMENTS” are exclusively 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, at a specific time or, respectively, within a precisely specified period of time (“time slot”). The visitor is therefore not entitled to rescind the contract (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, to compensation claims pursuant to the Austrian Product Liability Act (Produkthaftungsgesetz) as well as to claims for compensation resulting from breach of the operator’s main contractual obligations.
7.3. The operator shall in particular not be liable for damages resulting from the unauthorized duplication or the misuse of the admission ticket.
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.
9. DATA PROTECTION
9.2. The disclosed customer data shall be transmitted by a secure process (SSL).
10. APPLICABLE LAW
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. Within the scope of application of sec. 6 par. 2 of the Rome I Regulation, the visitor may nevertheless invoke the protection of the mandatory legal provisions of the state in which he has his permanent residence.
ÖTZTALER GLETSCHERBAHN – GESELLSCHAFT MBH & CO. KG SÖLDEN – TYROL
Companies’ Register no.FN21369a
Telefon: +43 (0)5254 508-0
Fax: +43 (0)5254 508-120