Date: July 2019
I. General Terms and Conditions of the Hi-Sky München
Ticket and Merchandising-Shop
These General Terms and Conditions (“GTC”) apply to the purchase respectively ordering of goods and products (in particular tickets for the Hi-Sky München giant wheel and merchandising articles) from the ticket and merchandising shop at Hi-Sky München in the name of Hi-Sky Consulting GmbH, Lilienthalallee 35, 80939 Munich (“Hi-Sky”, “we”, “us”) at Atelierstraße 11, 81671 Munich (the “Shop”) by the Purchaser or potential purchaser (“Purchaser”, “you”).
You can select goods and products (in particular, tickets for the Hi-Sky München giant wheel, and merchandising articles) from the assortment in our shop, and purchase them for the respective prices we have set at the points of sale in the shop subject to the following provisions. By submitting a request to us regarding the purchase of the respective goods and products at one of the points of sale in the shop (e.g. by placing the relevant goods at the point of sale), you submit an offer to us to conclude a purchase agreement for the respective goods and products. Through completion of the payment process by us at the point of sale, we declare our acceptance of this offer (only with this acceptance does an effective sales contract come into effect between you and us for the goods and products selected by you for the respective prices).
These GTC are an integral part of the respective purchase contract.
The current and therefore valid opening hours as well as the prices for rides, special rides, upgrades and packages for the Hi-Sky München can be found on this website under Prices. Only these are binding and form the basis for the conclusion of a contract in accordance with Clause 2 of these GTC. Any (previous) publications on our social media as well as on proprietary or online and offline media of third parties do not form the basis for the conclusion of a contract in accordance with Clause 2 of these GTC.
All prices stated at the points of sale for the giant wheel or in the shop are inclusive of the applicable statutory value added tax.
We accept the payment methods indicated in the shop. We currently offer the following payment methods: Cash payment, payment by girocard, payment by credit card.
The goods and products remain the property of Hi-Sky until full payment has been made for them.
Under certain circumstances, Hi-Sky grants individual customers or customer groups concessions and/or discounts on the purchase price with regard to tickets for the Ferris Wheel (no entitlement of the customer to a corresponding concession can be derived from these GTC; corresponding concessions are laid down by Hi-Sky at its own discretion). In such cases, only one ticket per customer may be purchased or redeemed at a reduced price. Concessions cannot be combined with other discounts or offers. The respective eligibility for a concession (e.g. schoolchildren, students, pensioners, discount code) must exist or proof thereof submitted on the day the ticket is used. Details are based upon the respectively valid Hi Sky price list.
To purchase a concession ticket, the customer must provide appropriate proof of eligibility to claim the reduction (e.g. by presenting a document relevant to the reduction such as a student ID card, concession voucher, etc.). Appropriate proof must be carried at the points of sale and/or when boarding the Ferris wheel, and must be presented to the security personnel when requested to do so. Access to the Ferris wheel can be refused if appropriate proof is not in the customer’s possession; the rejected customer will not be entitled to a refund of the purchase price of the ticket.
The provisions of Clause 4.1 shall apply for the transfer of concession tickets with the added proviso that a transfer shall only be permitted if the new ticket holder likewise fulfils the concession conditions for the ticket in question. If the new ticket holder does not fulfil these conditions, the ticket may be passed on – subject to the provisions of Clause 4.1 – provided the new ticket holder pays the difference between the cost of the concession ticket and a corresponding day ticket as a surcharge on the respective day of admission before boarding the Ferris wheel (“upgrade”).
We shall be liable to you pursuant to the statutory provisions and in the following cases for compensation for expenses and damages (in this Clause 4 “Compensation”): In the event of liability under the Product Liability Act; in cases of intent or of fraudulent misrepresentation; in cases of gross negligence; for injury to life, limb or health; in the event of an assumption of a guarantee by us; as well as in all other cases of legally mandatory liability.
We shall also be liable to you in the event of a culpable breach of so-called cardinal obligations for damages pursuant to the statutory provisions. Cardinal obligations in this sense are all obligations, a breach of which endangers the achievement of the purpose of the contract, as well as all obligations, the fulfilment of which makes proper execution of the contract possible in the first place, and the observance of which one can regularly rely upon. If, however, the breach of a cardinal obligation was only slightly negligent and did not lead to an injury to life, body or health, your claims for compensation shall be limited to the amount of the typical foreseeable damage.
Otherwise, your claims for compensation against us – regardless of the legal basis, in particular due to a material defect, defect of title and/or the breach of other duties arising from the contractual obligation or from a pre-contractual contractual obligation (e.g. within the meaning of § 311 Clause 2 German Civil Code/BGB) by us, our legal representatives, employees or vicarious agents, from § 311a BGB or from wrongful acts – shall be excluded.
Insofar as our liability is limited or excluded pursuant to the provisions stated above, this shall also apply to the personal liability of our legal representatives, employees and vicarious agents.
Any statutory liability privileges shall remain unprejudiced.
A change in the burden of proof to your disadvantage is not related to the provisions stated above.
Your claims for compensation shall lapse within the statutory limitation periods from the start of the statutory limitation period.
You are entitled to statutory liability for defects for those goods and products purchased by you in the shop (cf. §§ 434 et seq BGB). The corresponding warranty period for goods and products purchased by entrepreneurs is twelve months (an entrepreneur in this sense is a natural or legal person, or a partnership with legal capacity which exercises its commercial or independent professional activity when concluding a legal transaction).
These GTC do not apply to the sale of goods and products from a Hi-Sky online shop; the specific terms and conditions for the respective online shop shall apply to the sale of goods and products from such an online shop.
We are neither willing nor are we obliged to participate in any dispute settlement proceedings before a consumer arbitration body.
General terms and conditions of the Purchaser shall not apply to the contract, even should these be referred to in other documents and we do not object to the use of such general terms and conditions.
You shall only be entitled to offset against our claims if your claims have been legally established, if we have acknowledged them, or if your claims are undisputed. You shall also be entitled to set off against our claims if you assert notices of defects or counterclaims from the same purchase contract. As the Purchaser, you may only exercise a right of retention if your counterclaim is based on the same purchase contract.
Amendments or supplements to these GTC (including this Clause 5.6) require a written agreement between the Parties.
If the Purchaser is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from or in conjunction with the contract is the registered office of Hi-Sky.
The purchase contract shall be governed by the laws of the Federal Republic of Germany to the exclusion of (i) the rules of private international law and (ii) the United Nations Convention on Contracts for the International Sale of Goods.
II. Regulations for Hi-Sky München
The Executive and Operative Management of Hi-Sky München and its employees (hereinafter referred to as the Operator) enforce the house regulations vis-à-vis visitors, passengers and third parties. The Operator’s instructions must be observed.
These regulations apply to all persons during their presence at Hi-Sky München (premises, containers, platforms, gondolas). On entering the grounds, visitors, other persons and passengers accept these regulations.
The Operator is entitled to restrict access to Hi-Sky München, e.g. to permit access only upon presentation of an entrance pass or an admission ticket. Visitors must stay within areas designated by barriers or keep to the assigned paths. The Operator’s employees and agents are entitled to conduct checks. Persons who are found not to be in possession of a valid access authorisation, or who are otherwise present on the grounds without authorisation, must leave Hi-Sky München immediately. Persons who are under the influence of alcohol or drugs may not enter the Hi-Sky, in particular the gondolas. Children under 12 years of age may only ride on the Hi-Sky if they are accompanied by an adult custodian.
House bans issued by the Operator apply to all current and future operating times at Hi-Sky München. The Operator shall decide on whether to revoke a ban upon request.
Generally prohibited at Hi-Sky München (rooms, containers, platforms, gondolas) are:
Checks may be conducted of the contents of bags, repositories and clothing. Visitors who do not consent to the securing of potentially dangerous objects can be refused permission to ride on the Hi-Sky. Visitors will not be entitled to reimbursement of their admission fee in such cases.
Photographs and film recordings
Where photographs, film and/or video recordings are being taken/made anywhere at Hi-Sky München for reporting or advertising purposes by the Operator’s employees, or by companies commissioned by the Operator, such recording activities may not be hindered or otherwise impaired in any way. By entering Hi-Sky München, those visitors who can be seen on such recordings declare their consent to these recordings being used by Hi-Sky München for both reporting and advertising purposes.
Photographic, radio, television and sound recordings generally require the permission of the respective organiser or the Operator.
Stoppage times of the Hi-Sky München
We would like to point out that the Hi-Sky München may have to temporarily stop operating and the passengers evacuated due to extreme weather conditions (e.g. thunderstorms, fog, rain, snowfall) or technical malfunctions. In such cases, claims for compensation cannot be made for the resultant cancellation of rides or events at Hi-Sky.
III. Conditions of participation for competitions
Any natural person can participate. Employees of Hi-Sky Consulting GmbH are excluded from participation.
The prize will be raffled off among all participants who post within the specified application period and abide by the instructions associated with the competition.
The closing date for entries will be stipulated in the post.
The competition will take place on Facebook and Instagram, but will not be connected to Facebook or Instagram, nor will it be sponsored, supported or organised by these platforms.
A cash payment in lieu of the prize is not possible; the prize is not transferable.
Only one prize per participant is possible.
The winning claim will lapse if the winner does not send us an email or respond within the stipulated period (14 days). In this case we shall be entitled to conduct a substitute draw.
Hi-Sky Consulting GmbH reserves the right to cancel or terminate the campaign at any time without prior notice and without stating a reason if proper conducting of the competition cannot be assured for technical reasons (e.g. viruses in the computer system, manipulation or hardware and/or software errors) or for legal reasons.
If circumstances arise for which we are not responsible, the respective winner shall accept a reasonable substitute prize. Such circumstances beyond our control are, in particular, those which lie with the sponsors of the prizes.
The prizes will be sent to the winner by post to the address provided. The risk shall be passed on to the winner when the prize is handed over to a carrier. We shall not be responsible for delivery-related damage.
Data privacy: We shall be responsible for the collection, processing and usage of personal data of the participants provided that we process such data ourselves. We shall only use the participant’s personal details and other personal data within the scope of the statutory provisions of data protection legislation. We shall store, process and use the information only to the extent necessary for conducting the competition or if the participant has given his or her consent. This shall also include usage to exercise the rights of use granted. The data shall be used solely for conducting the competition and shall then be deleted.
The judges’ decision is final.