General Terms and Conditions (GTC)
of Rüdesheimer Seilbahngesellschaft mbH
Bayer, Opitz & Co. KG
§ 1 Scope:
The following general terms and conditions apply to all goods and ticket sales between Rüdesheimer Seilbahngesellschaft mbH Bayer, Opitz & Co. KG (hereinafter referred to as “Cable Car”) and a customer in their version valid at the time of the order. Commercial resale of goods purchased in the Cable Car’s online shop is not allowed.
A consumer within the meaning of these regulations is any natural person who concludes a legal transaction for private purposes. An entrepreneur is any natural or legal person who acts in the course of a commercial or independent professional activity at the time of the conclusion of the legal transaction.
§ 2 Conclusion of the contract for orders in the online shop:
- The following provisions on the conclusion of the contract apply only for orders via the internet shop https://www.seilbahn-ruedesheim.de/.
- In case of concluding a contract, the contract is formed with Rüdesheimer Seilbahngesellschaft mbH Bayer, Opitz & Co. KG
Oberstraße 37
65385 Rüdesheim am Rhein
Register No.: HRB 20147
District Court of Wiesbaden
- The presentations of goods and tickets in the Cable Car’s internet shop do not constitute a legally binding offer by us, but are merely a non-binding invitation to the customer to order goods and tickets. By ordering the desired goods and/or tickets, the customer makes a binding offer to conclude a purchase contract. The acceptance of the offer takes place in writing or in text form or by sending the ordered goods within eight days. After the deadline has passed without result, the offer is considered rejected.
- Upon receipt of an order in the internet shop, the following regulations apply: The customer submits a binding contractual offer by successfully completing the ordering procedure provided in the internet shop:
The order is made in the following steps:
- Selection of the desired goods/tickets
- Confirmation by clicking the button “add to cart”
- Login to the internet shop after registration and entering login details (email address and password)
- Review of the information in the shopping cart (billing and delivery address, payment method, possibly additional delivery and shipping costs)
- Pressing the button “Continue” to proceed to the order summary
- Further review or correction of the respective entered data
- Confirmation of the GTC as well as the revocation instruction and reference to the privacy policy.
- Binding submission of the order by clicking the button “Buy now”.
Before submitting the order bindingly, the customer can return to the website where the customer’s data is collected by confirming the “back” button included in the internet browser used to check his data and correct the input fields or by closing the internet browser to cancel the order process. The Cable Car immediately confirms the receipt of the order by an automatically generated email (“Order Confirmation”).
§ 3 Contract language and storage of the contract text for online orders:
- The contract language is German.
- The Cable Car stores the customer’s order, the entered order data, and the complete contract text. It sends the customer an order confirmation and then an order confirmation OR an order confirmation with all order data and the entire contract text by email.
§ 4 Prices, shipping costs, payment, due date:
- The prices shown and the shipping costs represent gross prices and thus include the applicable legal sales tax.
- Shipping costs are not included in the purchase price. They are explicitly marked or specified separately during the online ordering process and are to be borne by the customer unless free delivery is promised.
- The available payment methods for online orders are indicated on the website of the Cable Car or in the respective item description, but at least in the final ordering process at the “checkout”. Unless otherwise stated, payment claims under the contract are due for payment immediately.
- The essential characteristics of the goods and/or services can be found in the item description and additional information on our website.
§ 5 Delivery of goods:
- The customer will be informed about the delivery time on the respective product detail page and before placing the order.
- If the customer has chosen payment in advance, the Cable Car will not dispatch the goods before payment has been received.
§ 6 Retention of title
The Cable Car retains ownership of the goods until full payment of the purchase price has been made.
§ 7 Online tickets
- In addition to these GTCs, the transportation conditions of the Cable Car (https://www.seilbahn-ruedesheim.de/befoerderungsbedingungen/) also apply when purchasing online tickets, which the customer acknowledges with the purchase of the ticket.
- Print@Home Ticket: The ticket purchased online is printed at home and with the barcode on the ticket, the customer goes directly through the turnstile at the station.
- Pickup Ticket: The customer receives a code as part of the purchase confirmation and can pick up their ticket at the Cable Car’s ticket office. Only with this ticket can the customer then go through the turnstile.
- Mailed Ticket: The ticket purchased online is delivered to the customer’s home.
§ 8 Right of withdrawal
Customers who are consumers have a statutory right of withdrawal for purchases made through the online shop of goods, tickets without a fixed date, and vouchers. There is no right of withdrawal for tickets bought at the Cable Car or another local sales outlet.
Attention: According to § 312 Abs. 2 Nr. 5 BGB and § 312g Nr. 9 BGB, this does not apply to time-bound tickets and tickets for event events or special trips offered for sale in the online shop. Any order of time-bound tickets or tickets is therefore immediately binding upon confirmation according to § 2 Abs. 3 by the Cable Car and obligates to acceptance and payment of the ordered tickets.
A ticket or ticket is time-bound if the contract for the provision of the Cable Car’s service specifies a specific date or period (up to four weeks).
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Cancellation Policy
Right of Withdrawal
Consumers have the right to withdraw from the purchase within 14 days (excluding time-bound tickets and tickets for event events or special trips) without stating reasons. The withdrawal period starts from the day you, or a third party nominated by you who is not the carrier, takes possession of the goods.
To exercise your right of withdrawal, you must inform us
Rüdesheimer Seilbahngesellschaft mbH Bayer, Opitz & Co. KG
Oberstraße 37
65385 Rüdesheim am Rhein
Phone: +49 (0) 6722 / 2402
Fax: +49 (0) 6722 / 3574
Email:
by means of a clear statement (e.g., a letter sent by post, fax, or email) of your decision to withdraw from this contract. No special form is required. You may use the attached model withdrawal form, but it is not obligatory.
We will immediately confirm receipt of your notice of withdrawal. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal:
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in no event will you incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
End of the Cancellation Policy
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Model Withdrawal Form
(If you want to withdraw from the contract, please fill out this form and send it back to the Cable Car.)
Rüdesheimer Seilbahngesellschaft mbH
Bayer, Opitz & Co. KG
Oberstraße 37, 65385 Rüdesheim am Rhein
Fax: +49 (0) 6722 / 3574
Email:
Hereby I/we (*) revoke the contract concluded by me/us (*) regarding the purchase of the following goods (*)/ the provision of the following service (*)
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Ordered on (*)/received on (*)
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Name of the consumer(s)
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Address of the consumer(s)
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Signature of the consumer(s) (only if this form is notified on paper)
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Date
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(*) Delete as appropriate.
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§ 9 Warranty
- Regarding warranty provisions concerning the transport contract, reference is made to the respective regulations in the General Transport Conditions.
- Otherwise, the statutory provisions apply.
§ 10 Liability
- The Cable Car is liable without limitation for intent and gross negligence, as well as according to the provisions of the Product Liability Act. In cases of slight negligence, it is liable for injuries to life, body, and health of persons.
- In other cases, the Cable Car is liable for slight negligence only in the event of a breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner regularly relies. The liability for breaching such essential contractual duties is limited to the foreseeable damage typical for the contract, which we had to expect at the time of the conclusion of the contract based on the circumstances known at that time. This limitation of liability also applies in favor of our vicarious agents.
- Otherwise, reference is made to clause III. of the Transport Conditions.
§ 11 Acquisition of tickets from multiple service providers/combination tickets (“Assmannshausen Tour”, “Ring Tour”, “Romantic Tour”)
- When purchasing a ticket for the “Assmannshausen Tour”, the “Ring Tour”, and the “Romantic Tour”, the transportation services are not only provided by us but also by other service providers:
- “Assmannshausen Tour”: Rüdesheimer Seilbahngesellschaft mbH and Niederwaldseilbahn GmbH
- “Ring Tour”: Rüdesheimer Seilbahngesellschaft mbH, Bingen-Rüdesheimer Schifffahrtsgesellschaft mbH, and Niederwaldseilbahn GmbH
- “Romantic Tour”: Rüdesheimer Seilbahngesellschaft mbH, Bingen-Rüdesheimer Schifffahrtsgesellschaft mbH, Niederwaldseilbahn GmbH, and Burg Rheinstein
- A transport contract is concluded exclusively between the customer and the service provider used by him for each part of the transport. A uniform contract with all transport providers, such that all transport providers are jointly obliged to provide all transport services, does not occur.
- The service provider for the respective transport section is, according to the indication on the ticket, the provider named there. The Cable Car owes the transportation service even in the case of one of the combination tickets mentioned in item 1 only for the Rüdesheimer Cable Car.
- Mutual liability of the individual transport providers for the proper execution of the transport services of the other transport providers is excluded.
- If a customer has a claim for a refund of the ticket price, he can address this claim in full to the Cable Car if the ticket was sold by us.
§ 12 Data Protection and Video Surveillance
- The collection, processing, storage, and use of personal data of passengers occur in compliance with data protection regulations.
- To ensure the safety of passengers and cable car operations, as well as to prevent misuse of tickets, the access areas are sometimes monitored by video. This is made apparent by signs. By using the cable car, the passenger consents to the video surveillance and the recording of images. Recording is carried out solely to uphold house rights and operational safety interests. Data is deleted immediately once it is no longer necessary for the purpose for which it was collected. Relevant legal provisions are adhered to.
§ 13 Jurisdiction, Applicable Law
- The contract between the Cable Car and the customer is governed exclusively by German law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Law”). Mandatory provisions of the country in which the customer habitually resides remain unaffected by the choice of law.
- If the customer is a merchant, a legal entity under public law, or a special fund under public law, the business seat of the Cable Car is the jurisdiction for all disputes arising from or in connection with transport contracts between the Cable Car and the customer, also in cases where the customer does not have a general jurisdiction in Germany, has moved his residence or habitual abode abroad after conclusion of the contract, or his residence or habitual abode is not known at the time the lawsuit is filed.
Rüdesheim, April 2024