Terms and Conditions of alpincenter.com GmbH & Co. KG
General Terms and Conditions of alpincenter.com GmbH & Co. KG
I. General Provisions
(1) All offers and services of alpincenter.com GmbH & Co. KG are provided on the basis of these General Terms and Conditions, unless otherwise agreed in an individual contract. The visitor's terms and conditions shall apply only if this has been expressly agreed in writing beforehand.
(2) The prices stated at the time the contract is concluded shall apply. In the event of incorrect information, alpincenter.com GmbH & Co. shall be entitled to withdraw from the contract. Claims by the visitor, in particular claims for damages, are excluded in this case. Notice of withdrawal shall be given by email to the visitor's email address. It may also be given implicitly, in particular by crediting the amounts paid.
(3) The visitor must be identical to the credit card / account holder. An automatic comparison is carried out by alpincenter.com GmbH & Co. KG. For online payment, the visitor may choose between credit card (Mastercard or Visa), iDeal and PayPal. For payment by credit card, the 3-D Secure security procedures supported by Visa and Mastercard Secure Code are checked. In order to complete an order, the relevant security checks must be carried out during the order process in accordance with the instructions displayed.
(4) alpincenter.com GmbH & Co. KG reserves the right to verify the coverage of credit card guarantees provided. The visitor instructs their credit institution, identified by the bank code provided, to disclose the visitor's name and address to alpincenter.com GmbH & Co. KG upon request in the event that the credit card payment is not honoured or the credit card payment is disputed, so that it may assert its claim against the visitor.
(5) In the event of the loss of a ticket, the highest possible daily price applicable at the time the loss is reported shall be charged, unless the visitor proves that use was substantially shorter.
(6) The visitor may only set off, reduce or exercise a right of retention against a claim of alpincenter.com GmbH & Co. KG with an undisputed or legally established claim.
(7) alpincenter.com GmbH & Co. KG shall be liable for its obligations under the contract with the diligence of a prudent businessperson. Claims by the visitor for damages are excluded. Exempt from this are damages resulting from injury to life, body or health or due to gross fault, insofar as alpincenter.com GmbH & Co. KG is responsible for such breach of duty, as well as other damages based on an intentional or grossly negligent breach of duty by alpincenter.com GmbH & Co. KG and damages based on an intentional or negligent breach of duties typical of the contract. A breach of duty by a legal representative or vicarious agent shall be deemed equivalent to a breach of duty by alpincenter.com GmbH & Co. KG.
(8) For damages and contractual disruptions of any kind, except in the event of injury to life, body and health or gross fault, liability per event of damage is limited to € 250,000.00 for property damage.
(9) All claims against alpincenter.com GmbH & Co. KG shall generally become time-barred one year after the commencement of the statutory limitation period. This shall not apply to claims based on an intentional or grossly negligent breach of duty, claims based on an intentional or negligent breach of duties typical of the contract, or in the event of injury to life, body, health and gross fault.
(10) Dogs, in particular guide dogs or other assistance animals, may be brought in provided they are registered at the ticket desk.
(11) Items left behind by the visitor shall be forwarded upon request, at the visitor's risk and expense. alpincenter.com GmbH & Co. KG shall store the items at the visitor's expense for a maximum of one month, after which they shall be handed over to the local lost property office if they have any recognisable value; otherwise, alpincenter.com GmbH & Co. KG may destroy the items after the expiry of the period.
(12) Certain areas of the alpincenter are under video surveillance. This video surveillance is essential for operations. Video recordings are stored only to the extent necessary and only to the extent permitted by law. Otherwise, the provisions of Section VI below shall apply.
(13) alpincenter.com GmbH & Co. KG is not obliged to provide a visitor with the personal data of another visitor or otherwise disclose such data in order to enable the assertion of claims, for example in the event of an accident in the car park or on the ski slope.
II. Arrival, Parking and Stay in the Outdoor Area
(1) The German Road Traffic Regulations apply throughout the entire alpincenter premises accessible by vehicles. Vehicle traffic travels in both directions on part of the access road to the alpincenter. Increased caution is required here. The visitor is obliged to exercise the care required in road traffic. In particular, the special traffic rules and safety regulations posted on the access road and in the parking area must be observed. Instructions from employees of alpincenter.com GmbH & Co. KG that serve safety purposes or concern house rules must always be followed without delay.
(2) Throughout the entire parking area, vehicles may only be driven at walking pace.
(3) Upon acceptance of the parking ticket and / or entry into the car park, a rental agreement between alpincenter.com GmbH & Co. KG and the visitor for the parking period requested by the visitor within opening hours is concluded in accordance with these parking conditions. Opening hours can be found on the relevant notices.
(4) Neither guarding nor safekeeping is the subject matter of this contract. alpincenter.com GmbH & Co. KG assumes no custody or special duties of care for items brought in by the visitor. alpincenter.com GmbH & Co. KG recommends that its visitors carry money and valuables securely on their person or lock them in the lockers provided for this purpose. In particular, visitors should not leave money or valuables in vehicles in the alpincenter car park.
(5) Vehicles may only be parked within the marked parking spaces. If the visitor uses more than one parking space with their vehicle, alpincenter.com GmbH & Co KG shall be entitled to charge the full parking fee in each case for the actual number of parking spaces used or to relocate, or have relocated, incorrectly parked vehicles by suitable measures at the visitor's expense. alpincenter.com GmbH & Co. KG may charge a flat fee for this; in this case, the visitor may prove that the costs were not incurred or were substantially lower than the flat fee.
(6) alpincenter.com GmbH & Co. KG shall also be entitled to remove a visitor's vehicle from the parking area at the visitor's expense in the event of imminent danger.
(7) The following are not permitted throughout the entire parking area:
• smoking and the use of fire,
• unnecessarily leaving engines running,
• parking vehicles with a leaking tank or carburettor,
• refuelling, repairing, washing or cleaning the interior of vehicles,
• draining coolant, operating fluids or oils,
• distributing advertising material.
(8) Use of the car park is subject to a fee. The prices posted at the machine and at the entrance shall apply. In the event of loss of the parking ticket, the maximum price stated there shall be charged, unless the visitor proves a shorter parking period.
(9) alpincenter.com GmbH & Co. KG shall only be liable for damages demonstrably caused intentionally or through gross negligence by it or its vicarious agents. This limitation of liability shall not apply in the event of injury to life, body or health or breach of essential contractual obligations.
(10) The visitor is obliged to report any damage to their vehicle to alpincenter.com GmbH & Co. KG without delay.
(11) alpincenter.com GmbH & Co. KG excludes all liability for damage caused by other visitors or other third parties. This applies in particular to damage, destruction or theft of the parked vehicle or movable / installed items from the vehicle or items attached to or on the vehicle.
(12) The visitor shall be liable for damage culpably caused to alpincenter.com GmbH & Co KG by the visitor themselves or by their vicarious agents, representatives or accompanying persons. The visitor is obliged to report such damage to alpincenter.com GmbH & Co KG without being asked before leaving the parking area.
(13) alpincenter.com GmbH & Co. KG shall have a right of retention and statutory lien on the visitor's parked vehicle for its claims under the rental agreement.
(14) alpincenter.com GmbH & Co. KG shall be entitled to remove and / or dispose of vehicles or trailers without official registration plates if this has previously been threatened to the visitor or vehicle owner and they have not complied with the request to remove the vehicle within a reasonable period set by alpincenter.com GmbH & Co. KG. Such threat and request shall not be required if the visitor or vehicle owner does not respond even after reasonable measures have been taken.
(15) The visitor areas intended for alpincenter visitors are clearly marked or recognisable by their paving. Visitors are prohibited from staying outside these areas, in particular on the unpaved green areas on the slope of the spoil heap.
III. Online Ticket Booking
(1) All information on the homepage and in the online ticket shop constitutes invitations to submit an offer. The visitor submits an offer to purchase a ticket by making the relevant selection on the homepage of alpincenter.com GmbH & Co. KG or in the online ticket shop operated by it itself or by a third party commissioned by it.
(2) The offer is accepted by sending a purchase confirmation by email. This is sent immediately after receipt of the order and payment of the purchase price via a payment service provider. The email contains the relevant tickets as a PDF attachment. The confirmation also constitutes proof of the conclusion of the contract and the contractual terms for the purchaser.
(3) The visitor must independently ensure that they can print the tickets legibly or present them in electronic form, e.g. on a smartphone, at the entrance in a scannable manner. Tickets cannot be deposited at the ticket desk. The validity date is stated on the ticket. Tickets may only be used once and each visitor requires their own ticket. The user of the ticket may differ from the purchaser and account holder printed on it, if any.
(4) The ticket grants the visitor a right of admission and use for the period stated on the ticket. The contract concluded between the visitor and alpincenter.com GmbH & Co. KG through successful ticket booking therefore provides for a specific date for the contractual service, which is why a right of withdrawal for visitors is excluded pursuant to Section 312g (2) no. 9 of the German Civil Code.
IV. Ticket Desk
(1) The purchase of a ticket at the ticket desk takes place only upon declaration of acceptance by alpincenter.com GmbH & Co. KG and handover of the ticket as well as payment by the visitor.
(2) alpincenter.com GmbH & Co. KG recommends that its visitors book tickets online in advance. Admission can only be guaranteed if online ticket booking is completed properly (see Section III.). Since only a limited number of visitors can visit the alpincenter on any given day, visitors arriving at the entrance without an online ticket or voucher with reservation (see Section V. para. (4)) may be refused admission. In this case, the visitor shall have no legal claim, in particular no claim for damages.
(3) The above shall apply accordingly in the event that only part of a visitor group has online tickets and the remaining members wish to purchase tickets at the ticket desk.
V. Vouchers
(1) Vouchers must be surrendered in their original form for redemption on site.
(2) Vouchers cannot be exchanged and their value cannot be paid out in cash. No interest shall accrue on the credit balance.
(3) Vouchers are valid for 3 years from the date of purchase.
(4) alpincenter.com GmbH & Co. KG recommends that its visitors reserve their day of visit online before visiting the alpincenter if they intend to redeem a voucher. Admission can only be guaranteed in this case (voucher with online reservation confirmation). Without online reservation confirmation, there is a risk that admission will have to be refused if the alpincenter's daily capacity has been reached; Section IV. para. (2) shall apply accordingly.
(5) If vouchers are purchased from third-party providers that establish an entitlement to services against alpincenter.com GmbH & Co. KG, the voucher holder must observe any additional applicable terms concerning redemption. Certain periods (e.g. holidays) may in individual cases prevent redemption of these vouchers or make it dependent on payment of a surcharge. Prior registration of the voucher on the website does not affect these restrictions.
VI. Data Protection
(1) alpincenter.com GmbH & Co. KG collects and processes personal data for the purpose of establishing and fulfilling business relationships in connection with orders. This concerns all categories of data required to fulfil pre-contractual and contractual obligations. Personal data is only disclosed to third parties if this is necessary to fulfil the business purpose. Personal data shall not be disclosed to third parties, including in third countries with unclear levels of data protection (generally countries outside the EU), that are not involved in the business purpose, unless the data subject has given their consent.
(2) The collection, processing and use of personal data shall take place within the legally permissible framework in accordance with Articles 5 and 6 GDPR. If personal data is collected from the data subject, the data subject shall have the right to transparent information pursuant to Article 12 et seq. GDPR and in accordance with Section 32 BDSG. In principle, only such information is processed and used as is necessary for the fulfilment of operational tasks and directly related to the purpose of processing. The special requirements for the collection, processing and use of special categories of personal data pursuant to Article 9 GDPR and Sections 22 et seq. BDSG shall be observed. The collection and processing of sensitive data is permitted under the GDPR only subject to the principle of prior permission or where a legal basis exists.
(3) Pursuant to Article 15 et seq. GDPR, data subjects have the right to access, rectification, erasure, restriction and objection to the collection and processing of their data. Furthermore, pursuant to Article 13 (2) point c GDPR, data subjects have the right to withdraw their consent to the collection and processing of personal data for the future if the processing is based on Article 6 (1) a or Article 9 (2) a GDPR. The lawfulness of processing carried out on the basis of consent up to withdrawal shall not be affected.
(4) However, withdrawal and failure to provide the required data generally mean that the purpose for which the data was or would have to be collected cannot be fulfilled. Claims against alpincenter.com GmbH & Co. KG are excluded in this case. However, pursuant to Article 77 GDPR, every data subject has the right to lodge a complaint with the supervisory authority of the state. The State Commissioner for Data Protection can be contacted by email at: poststelle@ldi.nrw.de.
(5) Personal data shall be deleted when the purpose for storage ceases to apply and no legal provision (e.g. concerning statutory retention periods) requires the data to be retained. The provisions of Article 17 GDPR in conjunction with Section 35 BDSG shall apply. If deletion is not possible for legal, contractual, commercial or tax law reasons, processing of the data may be restricted at the request of the data subject.
(6) alpincenter.com GmbH & Co. KG ensures the right to data portability pursuant to Article 20 GDPR. Every data subject has the right to receive a copy of their personal data in a common machine-readable file format.
(7) Film, audio and photographic recordings are made at events of alpincenter.com GmbH & Co. KG. The recordings may be published on the intranet, the Internet, the social media channels of alpincenter.com GmbH & Co. KG, as well as in radio, TV and print media. The recordings are stored for 3 years and then deleted. Processing takes place pursuant to Article 6 (1) lit. f GDPR on the basis of the legitimate interest of alpincenter.com GmbH & Co. KG in visually documenting the event it has organised and reporting positively on it to a wider public.
(8) The controller within the meaning of the GDPR and the BDSG is alpincenter.com GmbH & Co. KG. The data protection officer of alpincenter.com GmbH & KG is Ms Britta Müller, who can be contacted, among other ways, via datenschutzbottrop@vandervalk.de.
VII. Special Provisions for Ski Rental
(1) The visitor may rent ski jackets and trousers, skis and ski boots, snowboards and boots as well as helmets from the ski rental service (rental equipment).
(2) When renting skis and snowboards, alpincenter.com GmbH & Co. KG relies on the visitor's cooperation, in particular their truthful information regarding their height, weight and skiing experience, as this information determines the setting of the ski / snowboard binding and is therefore essential for the safe use of the ski equipment. alpincenter.com GmbH & Co. KG does not provide professional advice comparable to comprehensive purchase advice in a specialist shop. This is not possible simply due to the large number of visitors.
(3) alpincenter.com GmbH & Co. KG advises its visitors to keep an eye on the rented skis / snowboards and, in particular, not to confuse them with the skis / snowboards of other visitors, as in this case it is likely that the binding and size of the mistaken skis / snowboards will differ. This may pose a safety risk, as binding settings and ski size depend on the above-mentioned parameters (weight, prior knowledge or level of experience). alpincenter.com GmbH & Co. KG assumes no liability for damage occurring as a result of the visitor confusing ski equipment.
(4) Every (attempted) theft of rental equipment will be reported to the authorities. In addition, a processing fee of € 50.00 will be charged. alpincenter.com GmbH & Co. KG further reserves the right to ban the visitor from the premises.
(5) In the event of damage to rental equipment, alpincenter.com GmbH and Co. KG shall be entitled to demand 50% of the replacement value of the rental equipment as flat-rate compensation, whereby alpincenter.com GmbH and Co. KG reserves the right to prove a higher level of damage. The visitor remains free to prove that no damage occurred at all or that the damage was substantially lower than the flat-rate compensation.
VIII. Special Provisions for the Indoor Ski Hall and the Lift
(1) When using the lift facility, the notices posted there and the slope rules must be observed, and the instructions of the employees working there must be followed. Use of the lift facility is mandatory. Walking uphill on the slope is prohibited.
(2) Children under 13 years of age may only be on the slope outside lesson times when accompanied by a legal guardian. Children under 13 are required to wear a helmet on the slope. alpincenter.com GmbH & Co. KG recommends that all other visitors wear a helmet.
(3) The consumption of drinks and food, as well as smoking, is prohibited on the slope.
(4) Access to the indoor ski hall and ski slope is permitted only with skis, snowboards or similar sliding sports equipment and, in particular, suitable footwear and gloves. Gloves are mandatory, and arms and legs must be fully covered. Sledding is generally prohibited on the ski slope or permitted only during designated events.
(5) A heightened duty of consideration applies throughout the entire slope and lift area. The general conduct recommendations of the International Ski Federation, FIS Rules, shall also apply and can be viewed, among other places, at: https://www.stiftung.ski/verhaltensregeln/piste/.
(6) Waiting times may occur due to high visitor numbers, technical work or an accident. In this case, the visitor is not entitled to reduce the purchase price or withdraw from the ticket purchase. The same applies if certain areas of the slope are temporarily closed, for example for an event.
(7) If the visitor uses their own ski equipment (not rental equipment), liability of alpincenter.com GmbH & Co. KG is excluded. This shall not apply to claims based on an intentional or grossly negligent breach of duty, claims based on an intentional or negligent breach of duties typical of the contract, or in the event of injury to life, body, health and gross fault.
(8) Alcohol is prohibited on the ski slope. Visitors who are under the influence of alcohol may be denied access to the slope. The same applies in the event of unruly behaviour or violation of these rules. In this case, the visitor shall have no right to reimbursement of the admission price or to damages.
(9) In the event of an accident involving personal injury, the slope shall be closed for the rescue operation. In this case, alpincenter.com GmbH & Co. KG shall charge the visitor a flat-rate fee of € 90.00 for the rescue operation. The visitor reserves the right to prove lower costs.
(10) alpincenter.com GmbH & Co. KG operates a ski school on part of the slope. This may result in restrictions to slope operations, but shall not give rise to any claims by the visitor, such as claims for damages.
(11) Ski lessons provided by third parties require the express prior consent of alpincenter.com GmbH & Co. KG.
IX. Special Provisions for the Restaurant and Beer Garden
(1) The restaurant in the alpincenter and the beer garden located on the north side of the alpincenter can accommodate only a limited number of visitors. For this reason, large bags, backpacks and other items of luggage larger than a handbag are not permitted in the restaurant and beer garden and must instead be locked by the visitor in the lockers in the alpincenter.
(2) Table reservations in the restaurant of the indoor ski hall are not possible.
(3) Bringing and consuming one's own food and drinks is not permitted. Baby food and food and drinks for allergy sufferers are exempt from this.
(4) alpincenter.com GmbH & Co. KG reserves the right to close individual areas in the beer garden and / or restaurant for events, renovation work or similar purposes. This shall not give rise to any legal claim for the visitor, in particular no claim for damages.
(5) Due to the food offering changing partly on a weekly basis, no detailed declaration of ingredients for individual food and drinks can be provided. If the visitor has a food intolerance or allergy, they should speak to an employee of alpincenter.com GmbH & Co. KG before selecting food and drinks.
(6) Alcoholic beverages are served and sold exclusively to persons who have reached the age of 16.
This also applies to non-alcoholic or reduced-alcohol substitute beverages as well as completely alcohol-free products (e.g. 0.0% beer) that imitate alcoholic beverages in taste or appearance. Such products shall not be supplied to persons under the age of 16.
alpincenter.com GmbH & Co. KG is entitled to request proof of age (e.g. identity card) in case of doubt. If such proof is not provided, the supply of beverages may be refused.
Furthermore, alpincenter.com GmbH & Co. KG reserves the right to refuse service or sale at any time for reasons of youth protection.
X. Final Provisions
(1) Amendments or additions to contractual agreements or these terms and conditions must be made in writing. This also applies to amendments and additions to this written form clause. In addition, the terms agreed upon at the time the contract is concluded shall apply.
(2) In commercial transactions, the place of performance and payment and the exclusive place of jurisdiction shall be the registered office of alpincenter.com GmbH & Co. KG
(3) German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and conflict-of-laws rules is excluded.
(4) Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. Otherwise, the statutory provisions shall apply.