1. Scope
(1) These General Terms and Conditions of Sale (hereinafter: Terms) apply to all contracts concluded via our Ticket shop, accessible at www.tickets.mackinternational.de (hereinafter: “Ticket shop”), between Europa-Park GmbH & Co Mack KG, Europa-Park-Straße 2, 77977 Rust (hereinafter “Europa-Park”, “we” or “us”) and the users of the Ticket shop (hereinafter “customers” or “you”). These Terms are applicable regardless of whether you are a consumer, entrepreneur or merchant.
(2) All agreements made between you and us in connection with the contract arise out of these Terms in particular.
(3) The version of these Terms valid at the time the contract is concluded shall be binding.
(4) We do not accept any terms and conditions of the customer that deviate from these Terms. This also applies even if we do not expressly object to the application of such terms and conditions.
2. Conclusion of a contract
(1) The presentation and marketing of the tickets on our Ticket shop does not constitute a binding offer to enter into a purchase contract.
(2) You can initially put our tickets into your shopping basket without any obligation and correct your entries at any time, by using the correction tools that are provided for this purpose and explained during the order process, before submitting a binding order.
(3) A binding order can be submitted after entering the required personal details. To do so, you must register with our Ticket shop. When you register, a customer account with a central login is created. Using this account, additional products may be purchased from other Europa-Park online shops.
(4) When you submit an order via the Ticket shop by clicking the “Place order with obligation to pay” button, this constitutes a legally binding order and an offer to us to conclude a purchase contract.
(5) We will send you confirmation by email without undue delay that we have received your order placed via our Ticket shop. An email of this kind does not yet contain binding acceptance of the order, unless, in addition to confirmation of receipt, acceptance is also confirmed therein at the same time. Select the form of payment (Credit card, PayPal, PostFinance, giropay, paydirect) and we will then confirm acceptance of your offer to conclude a contract by sending you an order confirmation.
(6) A contract is not concluded until we accept your order either by means of express confirmation of acceptance or by sending the respective tickets.
(7) At the latest on delivery of the tickets, you will be sent the contract text (consisting of order details and Terms) by us on a durable data carrier (email) (contract confirmation). The contract text is saved in compliance with data protection regulations.
(8) Should it not be possible to deliver the tickets you have ordered, for example because the event in question has already sold out, we will refrain from sending confirmation of acceptance. In this case, no contract will be concluded. We will inform you of this without undue delay and refund any consideration already received without undue delay.
(9) Any business or commercial resale of the tickets purchased is prohibited without obtaining prior permission from Europa-Park. In addition, Europa-Park reserves the right to prohibit persons who do not comply with the aforementioned regulation from purchasing tickets in future.
(10) By registering, you confirm that you are at least 16 years of age. By ordering tickets, you confirm that you are at least 18 years of age.
(11) The contract is concluded in German. Even if the contract text is translated into another language, the German contract text remains authoritative.
3. Subject matter of the contract
(1) The subject matter of the contract is the purchase of tickets with which the customer gains access to our Rulantica Water World and our Europa-Park theme park (hereinafter: adventure parks) or to our events.
(2) The scope of services for tickets and conditions for the services covered by the respective tickets result from the product descriptions on the Ticket shop.
(3) In addition, the park rules and swimming pool rules apply for entry to and use of the facilities of the adventure parks. The park rules can be found at https://tickets.mackinternational.de/en/info/park-rules-europapark & https://tickets.mackinternational.de/en/info/park-and-bathing-rules-and-regulations-rulantica as well as at the park.
(4) The customer shall be admitted to our adventure parks or to our events only on presentation of a valid ticket. The ticket may be presented on entry as a printout of the e-ticket on A4 paper. To ensure readability, only tickets that have been printed in full and in good quality are accepted, and the QR code may not be folded. The ticket may also be presented by displaying it on a mobile device, e.g. smartphone.
(5) Customers are entitled to visit the adventure parks or an event at a discounted price only if the reason for the concession still applies at the point in time of the event and can be proven on entry. Otherwise, the customer shall be entitled to attend the event only if he or she pays the difference between the discounted ticket and the standard price.
4. Cancellation right
(1) If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or self-employed professional activity), you have the right to cancel your order in accordance with the statutory provisions.
(2) However, there is no cancellation right for distance contracts relating to the provision of services in connection with leisure activities if the contract stipulates that the service be provided on a specific date or within a specific period (Section 312g (2) Sentence 1 No. 9 Civil Code (BGB)). Tickets purchased online that are booked for a specific date or specific period (i.e. tickets for a specific season, Rulantica day tickets or event tickets) are therefore not covered by the cancellation right. Please note that the cancellation right set out below applies only to the purchase of tickets via our Ticket shop that are not valid for a specific date or period.
(3) In the case of a contract for the provision of services, the cancellation right also expires if we have provided the service in full, and have only begun performing the service after you have given your express consent and you have, at the same time, confirmed your knowledge that you lose your cancellation right if we have completely fulfilled the contract (Section 356 (4) sentence 1 BGB).
(4) Additionally, the cancellation right is subject to the provisions detailed individually in the following cancellation policy
Cancellation right
You have the right to withdraw from the contract within fourteen days without providing a reason. The cancellation period comprises fourteen days from the date on which you, or any third party that is not the carrier and was appointed by you, took possession of the goods To exercise your right of cancellation, you must inform us [Europa-Park GmbH & Co Mack KG, Europa-Park-Straße 2, 77977 Rust, Telephone:: +49 7822 776 688 and email: gaesteservice@europapark.de] of your decision to withdraw from this contract by sending a clear declaration (e.g. a letter sent by post, fax or email). You may use the attached template cancellation form for this, but are not obliged to do so. In order to meet the cancellation deadline, it is sufficient for you to send your notification that you are exercising your right of cancellation before the cancellation period has expired.
Consequences of cancellation
If you withdraw from the contract, we will refund all payments that we have received from you, including shipping costs (except for additional costs incurred in the event that you selected a shipping method other than the cheapest standard delivery option that we offer), to be paid immediately and at the latest within fourteen days upon which we received notification of your contract cancellation. The refund will be issued to the same payment method that you used for the original transaction, unless otherwise explicitly agreed with you; under no circumstances will you be charged a fee for this refund. If you required that the provision of services begin during the cancellation period, you are obliged to pay us an appropriate amount that corresponds to the services already provided up to the point in time you informed us that you wished to exercise your cancellation right with respect to this contract in comparison to the full extent of services provided for in the contract.
Waiver of cancellation right
You agreed to the following waiver of your cancellation right when you ordered your digital content:
“I expressly consent to you commencing the performance of the contract[FS1] before the cancellation period ends. I understand that as a result of granting this consent I will forfeit my cancellation right upon commencement of the performance of the contract.”
Template cancellation form
If you wish to withdraw from the contract, you may use this sample withdrawal form and send it back to us.
5. Terms of delivery
(1) The customer will be sent an e-ticket in PDF format as an email attachment. The customer also has the option of downloading and printing out the e-ticket via a direct download link that he/she has access to straight after concluding the order process. Customers may access the e-ticket at any time in the login area. In addition, the e-ticket may be stored on your smartphone and presented using an app that displays pkpass files (Wallet).
(2) It is the customer's responsibility to provide suitable software that allows the files to be opened and printed properly.
(3) The tickets will not be sent by post.
(4) The e-tickets are sent immediately after confirmation of payment, but no later than 14 days from receipt of payment.
6. Prices and delivery costs
(1) All prices on our Ticket shop are gross prices, which include the statutory value-added tax.
(2) There are no costs for booking or delivery.
(3) Tickets that are not day-specific must be dated online at www.europapark.de/exchange prior to the visit. If dating is not done in advance, we reserve the right to charge a service fee on site.
7. Payment terms and offset and right of retention
(1) The purchase price falls due immediately on conclusion of the contract.
(2) You can choose from the following methods of payment in our Ticket shop.
• Credit card (MasterCard, Visa, American Express)
• PayPal: You pay the invoice amount via the online provider PayPal. In principle, you must already be registered with PayPal and/or register first, authorise your access details and confirm your instructions for payment to us (with the exception of guest access, if applicable). You will receive further information during the order process.
• PostFinance: You can pay the invoice amount via the online provider PostFinance. In principle, you must already be registered with PayPal and/or register first, authorise your access details and confirm your instructions for payment to us. To do so, you need to have a current account with a participating bank. You can find out whether your bank supports this service here: https://www.postfinance.ch/en/private/support.html
• giropay: We also offer giropay. All you need for this is an account number, BIC, PIN and TAN. In principle, all Internet users can make payments via giropay, provided that they have an activated online banking account with PIN/TAN features. You can find out whether your bank supports this service here: https://www.giropay.de/kunden/hilfe.html
• paydirekt: You can pay the invoice amount via the online provider paydirekt. In principle, you must have registered with paydirekt or register with them before the transaction takes place. To do so, you need to have a current account with a participating bank. You can find out whether your bank supports this service here: https://www.paydirekt.de/kaeufer/hilfe.html
(3) You are not entitled to offset against our claims unless your counterclaims have been determined to be legally valid or are undisputed. You are also entitled to offset against our claims if you assert complaints or counterclaims from the same contract.
(4) You may exercise a right of retention only if your counterclaim arises from the same contract.
8. Loss of tickets
If you lose your e-ticket, Europa-Park will provide the service booked only if the customer can clearly verify their identity and the ticket has not yet been used. There is no legal right to this service.
9. Warranty and liability
(1) The statutory warranty rights shall be applicable for defects.
(2) The instructions of the staff at the adventure parks must be followed at all times on the premises of the parks and the respective attractions with regard to ensuring safety. The same applies to Europa-Park events.
(3) We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with statutory provisions for compensation for damages or reimbursement for wasted expenses.
(4) In other cases, we shall only be liable, insofar as Para. 5 does not specify otherwise, for breach of a contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the fulfilment of which you as a customer may generally rely (cardinal obligation), limited to the compensation for foreseeable and typical damages. In all other cases, our liability is excluded subject to the regulation in Para. 5.
(5) Our liability for damages from injury to life, limb or health and under the Product Liability Act (Produkthaftungsgesetz) remains unaffected by the above-mentioned limitations of liability and exclusions of liability.
10. Final provisions
(1) The law of the Federal Republic of Germany applies, with the exception of the UN Sales Convention (CISG). In the event that you have placed the order as a consumer, i.e. you are a natural person and conclude the contract with Europa-Park for a purpose that cannot be attributed to your professional or commercial activity and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions within the meaning of Art. 6 (2) sentence 2 of Regulation (EC) 593I/2008 of that state remains unaffected by the choice of law made in sentence 1 if the law of that state would be applicable pursuant to Art. 6 (1) of Regulation (EC) 593/2008 without the above choice of law, i.e. in cases in which
• Europa-Park carries out its commercial activities in the country in which you have your habitual residence, or
• Europa-Park directs its commercial activities to that country.
The preceding sentence does not apply, i.e. you cannot invoke the mandatory provisions of your country if a case pursuant to Art. 6(4)(a) - (e) of Regulation (EC) 593/2008 exists, in particular in the case of:
• contracts for the provision of services where the services owed to the consumer must be provided exclusively in a country other than the country in which the consumer has his habitual residence;
• transport contracts, with the exception of package travel contracts within the meaning of Council Directive 90/314 EEC of June 13, 1990 on package travel, package holidays and package tours (1);
• contracts relating to a right in rem in immovable property or to the rental or lease of immovable property, with the exception of contracts relating to timeshare within the meaning of Directive 94/47/EC.
(2) If you have placed your order as a merchant, a legal entity under public law or a special fund under public law, the place of performance for all services arising from the business relationship with us and the exclusive place of jurisdiction shall be the registered office of Europa-Park. This shall not affect our right to bring an action before a court at another statutory place of jurisdiction. In all other respects, the applicable statutory provisions shall apply to jurisdiction - subject to paragraph (3) below.
(3) If you have placed the ticket order as a consumer and have your usual place of residence in a country that is not a member of the European Union and not a member of the Lugano Convention, the exclusive place of jurisdiction is the registered office of Europa-Park.
(4) If you had your place of residence or habitual abode in Germany when this contract was concluded and have either moved it out of Germany at the time the action is brought by us or your place of residence or habitual abode is unknown at this time, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship between us shall be the registered office of Europa-Park.
(5) The EU Commission has set up an Internet platform for online dispute resolution. This platform acts as a point of contact for extrajudicial dispute resolution for matters relating to contractual obligations resulting from online purchase contracts. For more information, please see the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration body.
(6) Should one of the provisions of these Terms and the additional agreements concluded be or become invalid, the validity of the remaining provisions shall remain hereby unaffected.
Version: August 2023, subject to change.
