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PARK RULES 

Welcome to Tripsdrill 

Dear guests of the theme park and wildlife park,
You are looking forward to your visit with us and we would like to make your stay as enjoyable and exciting as possible. Having clear rules in place which set out your and our rights and obligations (as set out below) help achieve this. These rules form part of your contract of use with us which comes into existence on purchase of the tickets (passes). They apply to both the theme park and the wildlife park, together hereinafter referred to as the park. Please read these rules carefully and adhere to them accordingly.

1.Legal basis, minors, age, groups

1.1 These rules apply subject to the following provisions.

1.2 The following applies to the conclusion of contract and/or the visit of the park by minors:

a) We may – but are not obliged to –refuse minors who are not accompanied by a legal guardian or a responsible adult the conclusion of the contract of use or access to the park.

b) To the extent we allow minors access to the park in particular if they have an annual pass, we can assume that the legal guardian or responsible adult has agreed to the visit of the park unless we have received their express statement advising otherwise. 

c) No contractual or statutory supervisory obligations are created if we grant access to the park, especially not in accordance with § 832 of the German Civil Code. The same applies to minors accompanied by a legal guardian or responsible adult. We would like to expressly point out the legal guardian’s or responsible adult’s statutory obligations.  

1.3 You are required to provide truthful information about the age of children under your supervision when purchasing your tickets and using the facilities and attractions. If we have reasonable doubts, in particular in respect of the use of facilities and attractions which have minimum age requirements, we are entitled to demand to see evidence of age. If such evidence is refused or cannot be provided, we can exercise our rights as set out in these rules. 

1.4 The management, represented by our supervisory staff, can make the conclusion of a contract with groups subject to the group appointing a responsible person.  Such responsible person will, in addition to each member of the group, be responsible for ensuring that these rules are being complied with by each member of the group. 

2.Obligations and liability when parking

2.1 No storage or security relationship is established when parking your vehicle in our car parks. 

2.2 The rules and signs of the road traffic regulations (“Strassenverkehrsordnung”, “STVO”) apply to our car parks. 

2.3 In order to ensure smooth traffic in this area, you must follow the instructions of our car park personnel precisely.  Please park your vehicle only within a designated parking spot. If you park your vehicle outside such parking spot thereby causing a big disruption to traffic or danger, we will have to tow your vehicle at your risk and cost.

2.4 When leaving your vehicle please ensure that its doors, boot, windows and sunroof are closed and no objects remain visible in the car.

2.5 We are not liable for damage to your vehicle, in particular if caused by exceptional events such as storms, hail, explosions and fire and theft or damage to your vehicle by a third party, unless a breach of our duty of care caused or contributed to such damage. 

2.6 You are required to immediately report damage to your vehicle to our management and in any event before leaving the car park. If you do not report such loss without good reason, all claims you may have against us are excluded provided they have not been caused by intent or gross negligent behaviour on our part.

3.Entrance fees, personal information (statement of age); validity of tickets

3.1 The park may only be entered with a valid ticket at the marked visitor entrances. The tickets must be kept during the visit and be presented on demand.

3.2 After leaving the park a re-entry or entry to the theme park or the wildlife park is only possible upon presentation of a valid ticket / e-ticket and stamp on the visitor’s hand, which the visitor has to secure before leaving the park at the main entrance.

3.3 The following applies in respect of the validity of the tickets:

a) day passes entitle you to one visit to the park on the day of the visit.

b) 2-day passes entitle you to visit the park on the day of the first admission, and for a second visit, which must take place no later than 7 calendar days after the first visit. 2-day passes are non-transferable and only valid with ID.

c) 3-day passes entitle you to visit the park on the day of the first visit, and for a second and third visit, which must take place 7 days after the first visit. 3-day passes are non-transferable and only valid with ID.

The above provisions for day, 2-day and 3-day passes are valid regardless of the time of acquisition of the passes and regardless of the time of entry (no 24-hour validity).

d) Annual passes entitle you to multiple visits (including multiple visits per calendar day) within twelve months from the date of issue.

3.4 The right of entrance to the park with free tickets, for which neither the visitors nor a third have paid for, expires on the date noted on such ticket. 

3.5 The contractual right of entrance to the park in accordance with the foregoing provisions expires at the end of the third calendar year following the date of the purchase of the pass. 

3.6 The following applies to non-validated day, 2-day, 3-day or annual pass-vouchers for the period between the purchase and the expiry date as set out in para. 3.4:

a) in respect to purchased day, 2-day, 3-day passes or annual pass-vouchers, which are presented for entry to the park after their expiry (or in respect of 2-day passes after the deadline for the second visit and in respect of 3-day after the deadline for the third visit), then a new pass must be purchased, but the price of the expired pass will be credited.

b) The accreditation does not relate to the original purchase price, but is proportioned depending on the date of submission, taking into account the principles in § 615 sentence 2 German Civil Code and §649 sentence 2 of the German Civil Code. 

c) The purchaser has a right to object to the amount accredited. 

3.7 If false personal information (in particular the age of children) has been provided, which determine the payable ticket price or granting of published discounts, we may at our discretion either remove the responsible person(s) from the park without consultation without refunding the ticket price or require the payment of the correct admission price. 

4.General safety rules

4.1 Dogs are welcome in the theme park, but must be kept on a leash. In addition, the police regulation in respect of the keeping of dangerous dogs (“Kampfhundeverordnung”) applies. Dogs are generally not allowed in the wildlife park. Dogs are not allowed on rides and specially marked areas. You must purchase a dog-hygiene-kit for your dog before entering Tripsdrill and carry it with you. 

4.2 The fire safety regulations in the park must be observed at all times. The lighting of fire other than at designated areas (BBQ areas) is forbidden.

4.3 Smoking is prohibited in all buildings, the waiting areas and any woodland areas of the wildlife park and is only permitted in designated smoking areas. 

4.4 Visitors must stay on the footpaths. 

4.5 Please note that not all rides are suitable for all visitors. Restrictions which are evident from the information displays are here to protect you. 

4.6 It is prohibited to possess and carry weapons or dangerous objects (guns, knives, chains, knuckle-dusters, etc.) in the park. 

4.7 The instructions of the park personnel must be followed in your own interest.

4.8 It is prohibited to wilfully cause noise and use noisy electric devices.

5.Refusing access to the park and removal of visitors 

5.1 Visitors, who are under the influence of alcohol and/or illegal substances, may be removed from the park without any right to refund if in our reasonable opinion such visitors may disrupt or endanger other visitors, the attraction or themselves.
It is forbidden to take liquor of any kind inside the theme park and wildlife park.

5.2 We may further terminate the contract with you by immediate removing you from the park if you are in breach of contract and do not comply with these rules or the instruction of our personnel which justifies the immediate termination of our contract with you. Termination of the contract and removal from the park require a verbal warning having been given unless the breach is objectively so serious that an immediate removal is objectively justifiable.    

5.3 The park personnel is entitled and authorised to exercise our right of domestic authority and in particular to give warnings and effect terminations and removals from the park. 

6.Use of facilities and attractions, liability of the visitor in case of improper use, personal belongings 

6.1 The facilities in the park may be used subject to the specific access conditions of the relevant facility or attraction. 

6.2 Each visitor is obliged to check his personal (particularly his medical) suitability to use a facility or attraction. This also includes clothing, hairstyle, belongings, etc. 

6.3 The instructions of the attraction operators must be followed. If you culpably disregard (acting negligently and/or wilful) the access conditions, instruction manual and the instructions of the attraction operator,  the attraction operator can refuse access to the attraction without giving rise to any compensation claim. In case of repeated violations or particularly serious violations, we can terminate our contract with you under clause 5.2 and remove you from the park. The aforementioned also applies, if you try to "jump" a queue.

6.4 You are liable for culpable damage arising from disregarding usage instructions or instructions issued by attraction operators or for wanton damage.

6.5 We cannot be held liable for personal belongings (handbags, rucksacks, mobile phones etc) which you have brought with you or left somewhere - especially if they have been left in the boarding area of the facilities and attractions. No custodianship or security agreement is created by you leaving your personal belongings with the express consent of the attraction operator or the operator had knowledge thereof. We are not liable for damage or loss.  

6.6 Use of playground equipment, playgrounds and similar facilities, regardless of our contractual or legal duty of care, is at your own risk.  

7.Assistance in emergencies

7.1 Our contractual obligations do not include the provision of paramedics or medical support personnel or appropriate facilities. In case of illness, accidents or other emergencies, nevertheless we provide paramedics at certain times.

7.2 If in individual cases, especially during special events, medically trained staff or doctors are in attendance, they will be solely responsible for the assistance they provide and they are neither our performing nor vicarious agent. 

8.Closure of attractions, temporary usage restrictions, limitation of liability 

8.1 Our attractions may not be available at all during the entire opening hours due to required maintenance, regulatory inspection, repair work, adverse weather conditions and force majeure. We do not offer a refund of the ticket price in these circumstances.  

8.2 If all or a majority of the attractions are closed for several hours for technical reasons, in particular if caused by a power cut, you can request a substitute ticket from the park administrator. We do not offer a refund of the ticket price unless another visit to the park under the substitute ticket is objectively impossible or unacceptable. 

8.3 We do not limit or exclude our liability for personal injury or bodily harm. Our liability, which includes our liability for actions of our staff, is limited to intent and gross negligence.

9.Filming and photography

9.1 Film  and photo shoots take place in Tripsdrill. The areas/attractions are identified wherever possible. Please avoid these areas if you do not wish for potential shots of you (photographs, recordings) to be used publicly or advise the photographer / film crew thereof. If you do not, we assume that the use is permitted free of charge.

9.2 The entire area of the park, which is open to the public, is equipped for your safety with a video surveillance system. Excluded from this video surveillance are sensitive areas such as toilets. The images will be deleted immediately if they are no longer required to achieve the purpose or conflicts with the legitimate interests of the person concerned.

9.3 Photos are made at certain attractions, which are offered to visitors for purchase. The visitor can see such photos on a screen when exiting the attraction. The visitor is under no obligation to purchase such photo. The images will be deleted on a daily basis and they will not be used for any other purpose. 

9.4 Taking photos and filming in the park itself, i.e. not on rides or attractions, is generally allowed, but only on footpaths open to the public. Taking photos or making film or video recordings on rides or attractions is only permitted if prior written approval has been given, but the visitor does not have a right for such approval to be given.  This prior written approval is further subject to the signing of an assumption of liability declaration which in respect of a minor needs to be signed by the legal guardian only and cannot be signed by general supervisory and accompanying persons (for example, teachers or tour guides). 

9.5 Any publications require prior approval by our management. 

10.Reporting damage

10.1 If you without your own fault have suffered damage, you are required to notify our management of this immediately or in any event before leaving the car park. This also applies if there is reason to believe that damage may arise at a later stage from an incident.

10.2 If we have not been notified of such damage without good reason any claim you may have against us will cease, unless the damage results from our intent or a gross negligent breach of our duties.

11.Advertisements and offering goods and services, announcements

11.1 Advertisements on the grounds and in the park’s car parks, as well as the offering of goods and services are permitted only with the prior written permission of the park’s management. This also applies to carrying out of surveys, censuses and demonstrations or declarations of political or other nature.

12.Choice of Law and Juridiction

12.1 The contract between you and us shall be solely governed by German law.  The same applies to any other legal relationships. 

12.2 To the extent that German law has not been applied to actions issued against us abroad in respect of our liability, German law shall apply to the legal consequences, in particular regarding the type, scope and amount of customer claims.

12.3 You may only bring an action against us at our place of business. 

12.4 For actions by us against visitors, unless a particular legislative jurisdiction applies (in particular the place where the harmful event has occurred), the place of residence of the visitor shall be determinative. For actions against visitors or contracting parties, who are traders, legal persons in public or private law or persons, who have their place or residence or business or usual place of domicile in another country, or whose place of residence or business or usual place of domicile is not known at the time of commencement of an action, the place of jurisdiction shall be our place of business. 

13.Final Provisions

13.1 If any of the provisions of these rules is invalid or becomes invalid, the remaining provisions and the validity of the contract of use shall not be affected by that.

13.2 Variations to these rules are possible only if expressly agreed and they refer to these rules. The staff of the park is in principle not authorised to agree such variations. 

© Copyright; Solicitor Noll, Stuttgart, 2014-2016

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Contractual partner of the licence agreement is 

Erlebnispark Tripsdrill GmbH & Co. KG

Partner liable to unlimited extent: Altweibermühle Tripsdrill 

Verwaltungs & Dienstleistungs GmbH,

Chief Executive Officer: Helmut Fischer, Roland Fischer

74389 Cleebronn / Tripsdrill

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