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General Terms and Conditions Online Shop/Online Ticketing

1.  Scope

The following terms and conditions (hereinafter “T&C”) apply to the use of the online shop/online ticketing of SERENGETI-PARK Hodenhagen GmbH, represented by the managing director, Dr. Veronica Trussardi Sepe (hereinafter referred to as SERENGETI-PARK) for the purchase of entrance tickets and vouchers for entrance tickets and for all resultant contractual relations of SERENGETI-PARK with customers. The privacy notice is the subject of separate provisions. Customers’ terms and conditions that are different to these T&C will not be recognised by SERENGETI-PARK.

2. Conclusion of contract

(1) The offer to conclude a contract is made by the customer by specific entry of their personal data and the correct entry of all required data regarding payment processing (currently on www.serengeti-park.de) as well as acceptance of these T&C.

(2) Serengeti-Park may accept the offer to conclude a contract by sending an order confirmation by email to the customer at the address they have entered. The customer will initially receive a confirmation of the receipt of their purchase order by email (order acknowledgement). A purchase contract only comes into being, however, when the order confirmation has been sent by email by Serengeti-Park.

(3) The purchasing procedure in the case of a purchase order via the online shop comprises a total of four steps. In the first step, the customer selects the required goods (entrance ticket). In the second step, the customer enters their customer data including billing address; in the third step, they enter the data required for the payment process by credit card. In the final step, the customer has the option of checking all of the details once again and to correct them if necessary, before they send their purchase order to the Serengeti-Park by clicking “submit order”.

(4) The contractual text of the purchase order is held by Serengeti-Park. The customer can print this out before sending their purchase order to Serengeti-Park by clicking on “print” in the final step of the purchase order. Serengeti-Park will send the customer an order acknowledgement as well as an order confirmation with all of the order details and the general terms and conditions to the email address given by the customer.

3. Prices

(1) All prices are quoted inclusive of applicable statutory VAT (sales tax) unless explicitly stated otherwise and exclusive of potential postage and packing costs.

(2) Postage and packing costs will be shown separately if they are incurred.

(3) Price changes, errors and omissions excepted.

4. Payment and payment processing

(1) Payment for entrance tickets is only possible by credit card, unless otherwise provided for. SERENGETI-PARK is entitled to restrict payment to certain credit card providers.

(2) The total price of the purchase order including all charges and costs is payable immediately when the contract is concluded.

(3) The entrance tickets remain the property of SERENGETI-PARK until full payment has been received.

(4) SERENGETI-PARK is entitled to draw on the services of third parties such as external service providers in the processing of payments and/or receipt of payments. A payee other than SERENGETI-PARK may therefore be referred to in the credit card statement or account data.

(5) If a payment is redebited, SERENGETI-PARK shall be entitled to request the immediate return of the entrance tickets that were ordered and shall be entitled, but not obliged, to withdraw from the contract and invalidate the tickets or the barcode that has been sent. The customer must recompense SERENGETI-PARK for any damages arising from the redebit. In the event of a redebit, the customer must pay the bank charges incurred as well as a handling charge in the sum of EUR 5.00 per redebit to SERENGETI-PARK. In the event of SERENGETI-PARK withdrawing from the contract, SERENGETI-PARK shall reserve the right to likewise charge the customer a handling charge in the sum of EUR 5.00.

5. Delivery

(1) Entrance tickets shall be delivered by email with a PDF attachment in the form of a “self-print ticket” (with a barcode). The customer must enter their email address correctly on the internet in order to do this.

(2) The print-out of the ticket (PDF file) sent electronically to the address given by the customer shall be deemed to be the entrance ticket. No other ticket will be sent by post.

(3) Deliveries will only be made while stocks last. No compensation will be given in the event of a late delivery.

(4) If the customer has not received the confirmation message with the ticket for printing within 24 hours of making a booking, they shall be obliged to inform SERENGETI-PARK of these circumstances without delay. The same shall apply if problems are experienced while printing the entrance tickets. If the customer fails to do this then claims based on the loss of entrance tickets shall be excluded.

6. Handling tickets and validity of tickets

(1) The customer may only print the entrance tickets or vouchers that they have ordered once for the intended purpose. The print-out of a “self-print ticket” shall only grant entry to the customer once.

(2) The customer is not entitled to reproduce, copy and/or amend the ticket.

(3) An entrance ticket that has been reproduced without authorisation and/or sold on without authorisation shall not grant the right to visit SERENGETI-PARK.

(4) The barcode on the entrance ticket, which can only be used once, is validated at the venue electronically by barcode scanner. Multiple use by reproduction of the barcode is excluded.

(5) SERENGETI-PARK reserves the right to refuse entry to holders of barcode copies or holders of entrance tickets that have been reproduced without authorisation. Moreover, SERENGETI-PARK reserves the right to claim compensation and file charges against customers who abuse “self-print tickets”. SERENGETI-PARK shall bear no responsibility for inconvenience and/or damages caused by unauthorised reproduction or abuse of entrance tickets.

(6) The customer shall be obliged to keep entrance tickets or “self-print tickets” in a safe place as they would with cash or conventional entrance tickets and protect them from abuse. SERENGETI-PARK shall bear no responsibility or pay compensation in the event of the loss and/or abuse of the entrance ticket.

(7) The onward sale to third parties is explicitly not permitted.

(8) Proof for concessions is to be shown at the admission control along with an ID document without being asked to do so. If an appropriate proof of concession is not shown, the customer must pay the difference to make up the standard price at the till in addition in order to be granted entry.

(9) When purchasing entrance tickets with specified validity, the tickets are valid for the day/time/period of time stated in the purchase order.

(10) Entrance is bound by the opening hours of SERENGETI-PARK and the date stated on the tickets. The opening hours are set by SERENGETI-PARK.
(11) SERENGETI-PARK is entitled to refuse admission in cases of overcrowding and/or for other safety reasons and/or to end the visit early.

7. Right of cancellation and return

(1) The customer shall have no right of cancellation or return with regard to the sale of entrance tickets with a specific validity date since the provisions of long-distance transactions do not apply to contracts concerning the rendering of services in the field of scheduled leisure events in accordance with Section 312b paragraph 3 no. 6 of the German Civil Code (BGB). Each purchase order for such tickets is therefore binding directly after confirmation by SERENGETI-PARK and the customer is obliged to accept and pay for the purchase order.

(2) There is a 14-day right of cancellation for tickets and vouchers without a specific validity date.
(a) Cancellation policy: you may cancel your contractual declaration within 14 days without giving your reasons in text form (e.g. by letter, fax, or email). The cancellation period begins after receipt of this policy in text form, however not before the conclusion of a contract or before fulfilment of our duty of information in accordance with Article 246 Section 2 in conjunction with Section 1 paragraph 1 and 2 of the Introductory Act to the German Civil Code (EGBGB) and our duties in accordance with Section 312e paragraph 1 sentence 1 of the German Civil Code (BGB) in conjunction with Article 246 Section 3 of the Introductory Act to the German Civil Code (EGBGB). The timely sending of the cancellation shall suffice to keep this term. The cancellation must be sent to: SERENGETI-PARK Hodenhagen GmbH, Am Safaripark 1, 29693 Hodenhagen, Germany. Tel: 05164 / 97 99 0; Fax: 05164 / 97 99 177; email: info@serengeti-park.de
(b) Consequences of cancellation: in the event of an effective cancellation, the performance received by each party must be restored and if applicable any benefits derived (e.g. interest) must be surrendered. If you cannot restore the performance that you have received fully or in part or only in a deteriorated state, you must replace the value in this respect. This can lead to you having to fulfil the contractual payment obligations for the period up to cancellation all the same. Obligations to refund payments must be met within 30 days. The period of 30 days shall begin for you when you send the declaration of cancellation, and for us when we receive it.
(c) Special notice: your right of cancellation will terminate early if the contract has been fulfilled wholly by both parties at your express wish before you exercised your right of cancellation. End of cancellation policy.

(3) SERENGETI-PARK reserves the right to withdraw from the contract in the event of obvious price errors or in the event of impossibility and in cases of force majeure. In this case SERENGETI-PARK will, wherever possible, inform the customer without delay as long they have given a valid email address in their purchase order and refund the customer for any payments they have already made.

8. Operation of the website and the online shop

(1) SERENGETI-PARK does not guarantee that the operation of its website and/or purchase order procedure will not be disrupted by interruptions or errors.

(2) SERENGETI-PARK endeavours to keep the operation of its website free from errors and interruptions as far as this is technically possible to a reasonable extent. SERENGETI-PARK does not guarantee that the website is free from viruses or other sources of disruption and does not assume any liability in this respect.

9. Data protection

(1) Customer data is collected, stored and processed by Serengeti-Park within the scope of statutory provisions during the process of initiating, concluding, processing and reversing a purchase contract.

(2) During a visit to the SERENGETI-PARK website, the IP address of the PC currently being used by the customer is collected, as well as the date and time, the browser type and operating system of the customer’s PC along with the pages viewed by the customer. It is not possible, however, for SERENGETI-PARK to use it to draw conclusions regarding personal data and it is not our intention to do so.

(3) The personal data, which the customer gives to SERENGETI-PARK for example in a purchase order or by email (e.g. the name of the customer and the contact details) is only processed to correspond with the customer and for the purpose for which the customer has given SERENGETI-PARK the data. To process payments, SERENGETI-PARK passes on the customer’s payment details to the bank instructed to make the payment.

(4) Customer data is treated as confidential by SERENGETI-PARK. Personal data is not passed on to third parties unless SERENGETI-PARK is legally obliged to do so or if the customer has expressly given their consent beforehand. If and to the extent that SERENGETI-PARK uses the services of third parties to execute and handle processing procedures, the provisions of the German Data Protection Act are complied with.

(5) Personal data which has been given to SERENGETI-PARK via its website will only be held for as long as the purpose is fulfilled for which it was entrusted to SERENGETI-PARK. If and to the extent retention obligations are to be complied with under trade and tax laws, the duration of storage of certain data may amount to up to ten years.

(6) If the customer no longer agrees to the storage of their personal data or if it has become incorrect, SERENGETI-PARK will arrange to have this customer data deleted, corrected or blocked in response to appropriate instructions within the scope of statutory provisions. On request, the customer shall be given information about all the personal data that SERENGETI-PARK holds regarding that customer free of charge. In the event of questions regarding the collection, processing or use of personal customer data, for information, correction, blocking or deletion of data, the customer can use the following contact details: Serengeti-Park Hodenhagen GmbH Am Safaripark 1 29693 Hodenhagen Tel: 05164 / 97 99 0 Fax: 05164 / 24 51, email: info@serengeti-park.de

(7) If and to the extent SERENGETI-PARK refers or provides links to third party websites on its own website, SERENGETI-PARK cannot assume any liability for the correctness or completeness of the contents or for the data security of these websites. Since SERENGETI-PARK has no influence over third party compliance with data protection regulations, the customer should check the respective privacy notices separately.

10. Place of jurisdiction, place of fulfilment, choice of law
a.

a. Place of fulfilment: the place of fulfilment for all supplies is the registered office of SERENGETI-PARK GmbH in Hodenhagen.

b. Place of jurisdiction: if the customer is a businessman within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the place of jurisdiction is Walsrode. SERENGETI-PARK GmbH shall also be entitled in this case to choose to file an action against the customer at the court that is competent at their place of residence. The same shall apply accordingly in such cases in which the customer does not have a general place of jurisdiction in Germany, moves their place of residence or habitual abode abroad after the conclusion of the contract or their place of residence or habitual abode is unknown when proceedings are commenced.
c. Choice of law: a contract that is subject to these general terms and conditions of business and supply shall be subject exclusively to the law of the Federal Republic of Germany. The application of the UN Convention on Contracts for the International Sale of Goods is excluded. If the customer is a consumer within the meaning of Section 13 of the German Civil Code (BGB) and they are normally resident abroad the mandatory provisions of this country shall still apply.

11. Severability clause

If individual provisions should become ineffective, the remaining provisions shall continue to be effective in full.