General Terms and Conditions of Business

1. Scope of validity

1.1 The following terms of use together with the data protection declaration shall apply as the General Terms and Conditions of Business (GTC) for the purchase and usage of apps and further in-app purchases from Mack Media GmbH & Co. KG, Europa-Park Straße 2 77977 Rust, Germany (“Mack Media”) and in addition to the terms of use of iTunes Sarl app store, which can be viewed at apple.com/legal/internet-services/itunes/de/terms.html, the terms of use of Google Play Store, which can be viewed at play.google.com/intl/de_de/about/play-terms.html, and the terms for Oculus Store, which can be found at https://www.oculus.com/legal/terms-of-service/.

1.2 With future effect, Mack Media shall be authorised to amend these terms of use insofar as this may be necessary. Mack Media shall notify the user of these changes in a suitable manner. If the user does not raise an objection to these changes in writing or via email sent to (Diese E-Mail-Adresse ist vor Spambots geschützt! Zur Anzeige muss JavaScript eingeschaltet sein!) within 14 days of the changes being communicated, the latter shall be deemed to be accepted. Mack Media shall inform the user of the latter's right to objection and the legal consequences of the failure to observe the objection time limit when notifying him/her of the changes. Mack Media shall be entitled to discontinue the contractual relationship in the event of objection.

1.3 Any general terms and conditions of business that are in derogation of or in contravention to these General Terms and Conditions of Business, or any supplementary general terms and conditions of business, shall not become part of the contract unless Mack Media expressly agrees to their application in writing.

2. Terms of use

2.1 Mack Media provides applications (“apps”) for web-enabled mobile devices such as smartphones, tablet PCs (hereinafter referred to as “End Devices”), both free of charge and subject to a fee. The apps contain information and services relating to the Mack Media adventure park and games for entertainment. 

2.2 Mack Media shall grant the user the non-exclusive, non-transferrable right to installation, storage and usage of apps on the user’s End Device. The service content of the programme does not include usage of the Internet, which is necessary for this functionality. The user shall be personally responsible for Internet access, technical requirements and configuration and the performance of his/her End Device in order to use the app and for keeping the necessary software up-to-date at his/her own expense. Mack Media shall not assume any warranty for the continuous availability of the app. Furthermore, Mack Media reserves the right to change the apps or the services provided by said apps at any time and without prior notice, temporarily or permanently terminate them or make them available subject to a fee. 

Mack Media shall be the sole holder of the copyright for the proprietary content of the respective app and the contents of in-app purchases. Any reproduction of such graphics, sounds or text in other electronic or printed publications is not permitted without express consent from Mack Media.

 

2.3 Mack Media may provide updates to the apps in the future, but is not obliged to do so. 

2.4 The user accepts that when using the app, advertising banners, advertising videos and/or other advertising formats may be displayed.

2.5 In order to comply with the terms of use, the user may not: 

- use the app in a manner which contravenes applicable law or for purposes that do not conform to applicable law; 

- copy the app for purposes other than to run it on his/her End Device, unless this is required for the user’s backup copy. The backup is to be stored in a secure location inaccessible to third parties;

- lease or sell the app to third parties, to issue sublicences to the app or to make the functions or services of the app accessible to third parties in any other way; 

- subject the app to reverse engineering, circumvent, switch off or otherwise impair functionality which prevents or inhibits unauthorised usage or reproduction of app content ; 

- attempt to test the app for potential weaknesses and thereby infringe, impair or circumvent security or authentication measures that aim to protect the app.

3. Chargeable offers

3.1 Mack Media reserves the right to offer apps subject to a fee in the future. Within some apps, other services such as goods, items or virtual currency can be purchased (“in-app purchases”). The terms of use listed under 2. shall apply accordingly to these services. 

3.2 Mack Media may amend prices and fees for offers of apps and in-app purchases at any time with effect for contracts concluded in the future. 

3.3 The user is not permitted to conduct business with apps or in-app purchases. 

4. Registration

4.1 Mack Media in-apps may require an account to be registered. The user is to enter his/her basic details in accordance with 4.1 of the data protection declaration (http://www.mackmedia.de/footer-navigation/datenschutz/) in order to register. The user shall have no right to an account being set up. 

4.2 Mack Media may lock or delete registered users' accounts on the basis of improper or immoral behaviour, violation of the terms of use or in the event of other violations.

5. Warranty claims and waiver of liability

5.1 Mack Media shall be liable for damages in the event of violation of material contractual duties (i.e. duties, the violation of which may jeopardise the fulfilment of the contractual purpose or the fulfilment of which is a prerequisite for enabling the due and proper implementation of the contract in the first place and on which the user can reasonably expect to be able to rely (“cardinal duties”)). Insofar as the infringement of cardinal duties is only caused by slight negligence and has not resulted in injury to life, limb or health, compensation for damages shall be limited in its amount to the foreseeable damage typically expected to occur.

5.2 Mack Media shall also be liable (a) in cases of wilful intent and gross negligence, (b) for injury to life, limb or health, (c) in accordance with the provisions of the Product Liability Act (Produkthaftungsgesetz), and (d) in all other cases of statutory liability, in accordance with the statutory provisions respectively.

5.3 As for the rest, any claims for damages against Mack Media - irrespective of their legal basis, in particular as a result of a breach of contractual obligations on the part of Mack Media, its legal representatives, employees or vicarious agents, arising from Section 311a of the German Civil Code (BGB), or liability in tort, shall be excluded.

5.4 Insofar as liability on the part of Mack Media is excluded or restricted in accordance with the foregoing provisions, this shall also apply to the personal liability of its legal representative, employees and vicarious agents.

5.6 Links 

Insofar as Mack Media refers to third-party websites (“links”), either directly or indirectly, it shall only be liable if it has precise knowledge of the contents and provided it is technically possible and reasonable to prevent use in the case of illegal content.

Mack Media hereby expressly declares that the linked sites did not contain any unlawful material at the time the links were created. Mack Media has no influence whatsoever over the current and future design of the linked sites. Mack Media hereby expressly disassociates itself from any and all content-related changes made after the creation of the links to the linked websites.

Mack Media shall not be responsible for the content, availability, correctness and accuracy of the linked sites, their offers, links or advertisements. Mack Media shall not be liable for illegal, erroneous or incomplete content and, in particular, for damages incurred as a result of the use or non-use of information provided on said websites.

5.7 The purchase of a ticket allowing entry to an attraction in Europa-Park via the app represents a separate contractual relationship, to which these GTC should be applied mutatis mutandis. Should performance on the part of Mack Media be inadequate or impossible to fulfil, the customer may withdraw from the contract and assert claims for any possible damages. If the service is not provided in accordance with the contractual provisions, an appropriate period should be allocated to Mack Media for subsequent improvement. If you have any concerns, just send an email to Diese E-Mail-Adresse ist vor Spambots geschützt! Zur Anzeige muss JavaScript eingeschaltet sein!.

5.8 Copyright law 

Mack Media endeavours to observe applicable copyright law in all publications. Should a copyright infringement occur nonetheless, Mack Media shall remove the relevant object from its publication upon notification or credit it with the relevant copyright notice.

All trademarks mentioned and, where applicable, protected by third parties within this Internet service shall be subject to the regulations of the respective trademark laws and the tenure of the registered owner, subject to no restrictions.  It should not be assumed that because a brand name is mentioned, it is not protected by third-party rights.

6. Revocation policy

6.1 Right of revocation

If he/she is a consumer within the meaning of Section 13 of the German Civil Code, the user has the right to withdraw from this contract within fourteen days without giving reasons.

In case of digital content which is not provided via a physical data carrier, the right of revocation may be exercised within fourteen days of the contract being concluded; in case of contracts concerning the delivery of goods, fourteen days from the day on which the user or a third party named by him/her who is not a carrier received the last item.

In order to exercise the right of revocation, the user shall inform Mack Media GmbH & Co. KG, Europa-Park-Str. 2, 77977 Rust, Germany, Diese E-Mail-Adresse ist vor Spambots geschützt! Zur Anzeige muss JavaScript eingeschaltet sein!, +49 (0) 7822 / 7718000, (or by fax) of his/her decision to cancel the contract by means of a clear statement (e.g. a letter sent by post or email). The user may use the attached sample revocation form for this purpose, however, this is not compulsory.

In order to comply with the revocation period, it is sufficient that the user sends the notification of his/her desire to exercise the right of revocation prior to the expiry of the revocation period.

6.2 Consequences of revocation

In the event of a user withdrawing from this contract, Mack Media shall reimburse him/her for any payments which Mack Media has received from the user, including delivery costs (with the exception of additional cost resulting from the user selecting a form of delivery other than the reasonably priced standard delivery offered by Mack Media) without delay and no later than fourteen days from the day on which notification of the user’s cancellation of this contract was received by Mack Media. Mack Media shall refund the user by means of the same form of payment used by the user for the original transaction, unless express agreements to the contrary were made with the user; under no circumstances shall the user be charged for this reimbursement.

Mack Media may deny reimbursement for purchase contracts until it receives the goods back or until the user furnishes proof that he/she has sent the goods back, whichever is earlier.

The user is to send back or hand over the goods to Mack Media without delay, but no later than within fourteen days of informing Mack Media of the cancellation of the contract. The time limit shall be deemed to have been observed if the user sends off the goods prior to the expiry of the fourteen-day period.

The user shall bear the direct costs of returning the goods. The user shall only be liable for any diminished value of the goods if the latter results from the handling other than what is necessary to ascertain the nature, properties and functioning of the goods.

Sample revocation form

(If the user would like to cancel the contract, he/she is asked to fill out this form and send it back).

• To Mack Media GmbH & Co. KG, Europa-Park-Str. 2, 77977 Rust, Germany Diese E-Mail-Adresse ist vor Spambots geschützt! Zur Anzeige muss JavaScript eingeschaltet sein!, +49 (0) 7822 / 7718000

• I/we hereby cancel (*) the contract I/we (*) concluded on the purchase of the following goods (*)/the performance of the following services (*),

• ordered on (*)/received on (*),

• Name of the consumer(s),

• Address of the consumer(s),

• Signature of the consumer(s) (only when sent in writing on paper),

• Date

*Cross out anything that does not apply.

The right of revocation shall lapse in case of a contract on the delivery of digital content that is not located on a physical data carrier (e.g. vouchers), and if Mack Media has commenced the performance of the contract (e.g. the implementation of voucher order), after the user has expressly agreed to Mack Media commencing  the implementation of the contract prior to the expiry of the revocation period and has confirmed that he/she is aware that in doing so, he/she loses his/her right of revocation.

Mack Media shall request the user’s consent before carrying out the order. The user’s order may not be processed prior to the expiry of the revocation period without his/her consent.

End of the revocation policy

7. Data protection 

By using the app, the user agrees to our data protection provisions and consents to the specific data processing detailed in the data protection provisions. 

The data protection declaration shall apply to the collection, processing and usage of personal data (http://www.mackmedia.de/footer-navigation/datenschutz/). 

8. Final provisions

8.1 Should a provision of these General Terms and Conditions of Business be or become invalid or impracticable, this shall not affect the validity and practicability of the remaining provisions.

8.2 These General Terms and Conditions of Business are governed by the law of the Federal Republic of Germany to the exclusion of the provisions of international private law and the UN Convention on the International Sale of Goods (CISG).

Last updated on 16/02/2017.

 

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