General terms and conditions
1. scope of application
For all services and deliveries of Bergbahnen im Siebengebirge GmbH, Wintermühlenhof 11, 53639 Königswinter via the internet store www.drachenfelsbahn.de these general terms and conditions apply. Any deviating terms and conditions of the buyer are hereby expressly rejected. These shall not become part of the contract by delivery of the goods or by any other implied act.
2. contracting party
A contract of sale is concluded with Bergbahnen im Siebengebirge GmbH, Wintermühlenhof 11, 53639 Königswinter. You can reach us for questions, complaints and claims by e-mail at info@drachenfelsbahn or by phone at 02223-9209-0.
The purchase transaction and the shipment of the goods is carried out by our cooperation partner Beckerbillet GmbH, Fangdieckstraße 61, 22547 Hamburg, which is expressly not a contractual partner. In particular, the contract, payment and delivery processing is carried out by the company Beckerbillet GmbH, Fangdieckstraße 61, 22547 Hamburg on behalf and for the account of Bergbahnen im Siebengebirge GmbH.
3. goods offered
3.1 Online tickets
In our Internet store, in addition to the merchandising items placed therein, online tickets are also offered for purchase. Online tickets can be purchased through the Internet store and printed out by the buyer after successful payment. Online tickets are not bound to the seller and are also transferable to third parties; however, they cannot be resold. The purchaser undertakes to carry the printed tickets with him in the original in legible paper form and to show them at the admission control or have them read automatically. Tickets not carried, tickets in non-printed form (in particular digital images of tickets), copies of tickets or non-readable tickets where the barcode is damaged or destroyed do not entitle the holder to admission to our vehicles. Multiple use of an online ticket for more than one person is excluded unless it is a group ticket on which the number of participants is noted. We reserve the right to limit the sale of Online Tickets via our Internet store to a certain number of tickets in total, without the need for the trips to be fully booked. Irrespective of this, we reserve the right to limit the purchase of tickets by an individual purchaser to a certain number in order to prevent the resale of tickets. Resale of the online tickets purchased from us by the purchaser to third parties is prohibited and may result in cancellation of the ticket in accordance with section 5.4. of these General Terms and Conditions. The online tickets are produced by our cooperation partner Beckerbillet GmbH, Fangdieckstraße 61, 22547 Hamburg, Germany. 3.2 Availability
All goods offered by us are described and listed in our internet store. The availability of the goods is shown on each page.
4. order procedure
You order in our internet store by
- Adding items to the shopping cart
- Go to the checkout
- Selecting the payment and shipping method
- Register with your personal data or log in with username and password
- Take note of our terms and conditions and the cancellation policy and confirm them
- Confirm the correctness of your information by clicking the "Buy" button at the end.
5 Offer and conclusion of contract
5.1 Your order constitutes a binding offer to us to conclude a purchase contract. With the order you declare bindingly that you wish to purchase the ordered goods.
5.2 You will receive a copy of the order data with the order receipt confirmation e-mail, which you can save. This confirmation of receipt expressly does not constitute an acceptance of your offer.
5.3 A purchase contract is only concluded when we accept your binding order by delivering or providing the goods or by confirming acceptance in text form by sending you a separate message by e-mail.
5.4 In the case of the purchase of online tickets, the purchase contract shall only be concluded when we send you the ticket or the transaction number. We reserve the right to withdraw from the purchase contract for an Online Ticket if the purchaser violates the provisions for the relevant trip or Combi Ticket, provided that these provisions were communicated to the purchaser prior to the conclusion of the contract, in particular if the purchaser resells Online Tickets purchased from us to third parties on a commercial basis or circumvents or attempts to circumvent the limitation of ticket sales by multiple registrations in our Internet store.
5.5 The contract shall be concluded exclusively in German.
6. correction of input errors/saving of the contract text
6.1 You can correct the contract declaration you made in the order at any time before sending it by clicking on the "Change" button in the order form or on the "Back" button (arrow to the left) in your browser. After sending the order, a correction is no longer possible.
6.2 Your orders will be stored by us until the complete processing of the purchase transaction. If you lose your records of your orders, please contact us by e-mail. We will gladly send you a copy of your order data as long as your order has not yet been processed. After complete delivery of the ordered goods, we will delete the order data subject to the legal retention periods and can no longer make them available. When purchasing online tickets, the data of the purchase contract will be deleted after the use of the ticket, subject to a longer legal obligation to keep records.
7. right of revocation
If you are a consumer (& 13 BGB), you have a right of withdrawal according to the following provisions:
7.1 Right of withdrawal
You have the right to revoke this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods. In the case of a contract for several goods that you have ordered as part of a single order, but which are delivered separately, the withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods. In the case of a contract for services, the withdrawal period is fourteen days from the day the contract is concluded. In order to exercise your right of withdrawal, you must inform us (Bergbahnen im Siebengebirge AG, Drachenfelsstraße 53, 53639 Königswinter, Fax: 02223-4734, E-Mail: firstname.lastname@example.org) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from the contract. To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
7.2 Consequences of revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.
You must pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.
If you have requested that the service should begin during the cancellation period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the service provided for in the contract.
7.3 Exclusion of the right of revocation
A right of revocation does not exist with regard to products in the "Online Ticketing" section of the online store, i.e. for the purchase of online tickets for travel and passenger transportation with the Drachenfelsbahn (§ 312 Para. 2 No. 5 BGB).
8. prices and shipping costs
8.1 The prices stated on the product pages include the statutory value added tax plus shipping costs, if any. There are no shipping costs for online tickets, provided that they are printed out by the buyer himself.
8.2 In addition to the prices stated, we charge shipping costs for delivery of goods to the shipping address specified by you. The shipping costs will be clearly communicated to you on the shipping costs overview, in the shopping cart system and on the order page.
9.1 The delivery of goods is made exclusively to a home address within Germany. Delivery to a postal address is excluded.
9.2 The delivery time is regularly seven working days, provided that the ordered product is marked as being in stock. We expressly indicate any deviating delivery times on the respective product page.
9.3 Information on delivery times in 9.2 and on our website are non-binding. After the non-binding delivery date has been exceeded, the customer/buyer may request us in writing to deliver within a reasonable period of time; we shall then be in default upon receipt of the request.
10.1 Payment shall be made by credit card.
10.2 If you select the payment method prepayment, we will give you our bank details in the order confirmation and deliver the goods after receipt of payment, taking into account the stated delivery time that begins only then. If you select the payment method PayPal and credit card, please follow the payment instructions after completing the order. As soon as the payment is booked, we will deliver the goods taking into account the stated delivery times that begin only then.
10.3 When purchasing online tickets, the provisions of this paragraph apply accordingly with the proviso that the ticket can be created and printed by the buyer after completion of the full payment or, in the case of advance payment, after we have received the money.
11. reservation of proprietary rights
The goods remain our property until full payment has been made.
12.1 We shall be liable without limitation in accordance with the statutory provisions for damage to life, limb and health resulting from a negligent or intentional breach of duty by us, our legal representatives or our vicarious agents, as well as for damage covered by liability under the Product Liability Act. For damages not covered by sentence 1 and which are based on intentional or negligent breach of duty as well as fraudulent intent by us, our legal representatives or our vicarious agents, we shall be liable in accordance with the statutory provisions. We shall only be liable for damage based on the defect of a guaranteed quality but not occurring directly to the goods if the risk of such damage is obviously covered by the guarantee of quality.
12.2 We shall also be liable for damage caused by simple negligence insofar as the damage incurred by the customer is based on the infringement of rights which are to be granted to the customer according to the content and purpose of the contract and/or on the infringement of obligations whose fulfillment is essential for the proper performance of the contract and on whose fulfillment the contractual partner regularly relies and may rely (cardinal obligations).
12.3 Any further liability shall be excluded irrespective of the legal nature of the asserted claim.
13 Final Provisions
13.1 The law of the Federal Republic of Germany shall apply exclusively, to the exclusion of the U.N. Convention on Contracts for the International Sale of Goods, unless the protection granted by mandatory provisions of the law of the country in which the customer, who is a consumer, has his habitual residence is withdrawn.
13.2 If the buyer/customer is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the sole place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be the registered office of Bergbahnen im Siebengebirge GmbH.