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Terms and
Conditions

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

9.1. 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. In this regard, the operator refers to the privacy policy of the Bergbahnen Sölden (www.soelden.com/datenschutz-bbs).

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

Dorfstraße 115
6450 Sölden
Companies’ Register no.FN21369a
ATU32844009
Telefon: +43 (0)5254 508-0
Fax: +43 (0)5254 508-120
E-Mail: bergbahnen@soelden.com
www.soelden.com  

for the Installation 007 ELEMENTS

  1. The installation 007 ELEMENTS is located on the Gaislachkogl at 3,048 m. 007 ELEMENTS is exclusively accessible with 2 mountain gondolas, the 8-person cabins gondola Gaislachkogl I and the 3S cabins gondola Gaislachkogl II (for 30 pers.). Due to the high alpine location, clothes conforming to the season and the weather conditions are required.
  2. Any and all use and security information and pictograms shall be respected and strictly be complied with. Instructions of employees shall be followed without delay.
  3. Children and wards shall constantly and exclusively be supervised and instructed by their parents or, respectively, by the accompanying persons of full age themselves in the entire installation area. Employees of 007 ELEMENTS do not assume any supervision.
  4. Parents or, respectively, accompanying adults must carefully fulfil their supervisory duties towards their children and wards. A realistic assessment by the parents or, respectively, accompanying adults of which activities and facilities are suitable for the respective child or, respectively, ward or, respectively, correspond to their age and development maturity is required.
  5. A minimum age of 12 years is recommended for the visit of 007 ELEMENTS.
  6. Fences, safety barriers, obstacles and blockades of any kind whatsoever may not be crossed or removed.
  7. We kindly ask you for a considerate and respectful conduct vis-à-vis the other visitors and with respect to the equipment, buildings, surfaces and facilities. The disturbance of the public order, the use of physical or verbal violence, drunkenness, violations of public morals, the non-compliance with the visitor rules, damage (attempts) and any similar conduct may result in a refusal of the access or in the immediate ban from the installation without any entitlement to a cost reimbursement or damages.
  8. Making telephone calls or playing music shall not be permitted in the entire installation area.
  9. Consuming food and drinks brought along shall not be permitted during the visit of 007 ELEMENTS.
  10. An absolute smoking ban applies to the entire installation area of 007 ELEMENTS. This shall also apply to electronic cigarettes.
  11. Animals are not permitted to have access to the installation area.
  12. Working with open flame is strictly forbidden in the entire installation area.
  13. Waste belongs in the containers provided therefore.
  14. The possession and the carrying of weapons or of other dangerous objects as well as of illegal objects or substances shall not be permitted. We reserve the right to search bags.
  15. Any commercial activities, offering and selling goods or services, advertising measures (including the distribution of leaflets, flyers and brochures as well as the carrying of posters), the organization of gambling or skill games shall expressly be prohibited.

Version dated 03-11-2021