GENERAL TERMS AND CONDITIONS
OF USING “THE GIANT WHEEL OF BUDAPEST”
effective as from August 29, 2017
The present General Terms and Conditions (hereinafter “GTC”) determine the rights and obligations of visitors (hereinafter “Visitor”) in regards to using the service of the “Giant Wheel of Budapest” operated at Erzsébet tér by Óriáskerék Kereskedelmi és Szolgáltató Korlátolt Felelősségű Társaság (1033 Budapest, Hajógyári sziget, hrsz. 23796/58., Cg. 01-09-202331, henceforth the Operator) including the rules of binding behaviour as well.
1./ The service of the Giant Wheel can only be used by accepting and adhered to the GTC. By purchasing the ticket the Visitor accepts the clauses of the GTC as mandatory requirements on oneself. The Operator can deny service from Visitors who breach or do not adhere to the regulations and in reasonable cases the Operator may extract such Visitors from the site of the Giant Wheel, in such cases the Visitor cannot claim the refund of the purchase price of the ticket.
2./ The service of Giant Wheel can only be used in the operating period and within the opening hours determined by the Operator, with a valid ticket. The Operator, in all cases, excludes the exchange, replacement or refund of the tickets, or the reimbursement of their purchase value in any other ways. The information on the operating periods, the opening hours and the actual ticket prices are available on site and on the website of www.oriaskerek.com. The purchased tickets may only be used within three months from the day of purchase. The Operator, however, draws the Visitor’s attention to the fact that it may decide to shut down the Giant Wheel even before this period upon its discretion, in which case the ticket may only be used until the Operator actually provides its service. The Operator excludes its liability if any of the Visitors cannot use a purchased ticket due to this reason.
3./ The purchased ticket entitles the Visitor to use the service of the Giant Wheel for a total of three full rounds in the gondola assigned by the Operator.
4./ The Visitor is obligated to keep the receipt or invoice received during the purchase until one is present on the site of the Giant Wheel. The Visitor is also obligated to keep the purchased tickets and present it to the Operator at request. The Operator is entitled to extract any person from the site of the Giant Wheel who tries to take the service of the Giant Wheel without a valid ticket.
5./ The Operator, for the safety of the Giant Wheel and the safety of the Visitors, reserves the right to control the objects and instruments that can be entered. Hence it is especially forbidden to take illegal drugs, pyrotechnics, materials or devices that have explosive, poisonous or flammable contents, equipment suitable for making graffiti, paint sprays and felt-tip pens, moreover, firearms, knives with cutting blades longer than eight centimetres, butterfly knives, switch-blade knives, gas sprays, blackjacks, vipers, metal chains longer than fifty centimetres, throwing stars, sling-shots and other dangerous objects that are dangerous for public order and security according to the prevailing law and regulations – presently the Gov. regulation of 175/2003. (X. 28.) – and generally with any kind of objects which’s possession is illegal, or could endanger the safety of the individuals who are present at the site of Ferris Wheel. It is forbidden to board the Ferris Wheel with food, alcoholic beverages, glasses and bottles. Visitors in possession of objects that are under such restriction cannot enter the site of the Giant Wheel.
6./ The service of the Ferris Wheel cannot be used in drunk, illuminated state. It is the responsibility of the Visitor to not use the service of the Giant Wheel in such a state or as defined in Clause 5, in the possession of any kind of objects that would endanger the life, physical safety, health and security of the Visitor or others.
7./ Children younger than fourteen years can only visit the Giant Wheel with constant parental supervision or with the attendance of other adults.
8./ Visitors – except for helper, guide-dogs and police dogs regulated by law – cannot board the Ferris Wheel with animals.
9./ The Visitor is obligated to adhere to the requests and orders of the staff employed by the Operator in any cases when those are related to the operation of the Giant Wheel and they do not violate the constitutional rights of the Visitor.
10./ The Visitor, when boarding and exiting the gondolas, is obligated to wait until the Giant Wheel comes to a standstill. In case the Giant Wheel – for technical or any other reasons –unexpectedly comes to a halt during the rounds, the Visitor is obliged to stay in the gondola and wait until the end of the round or for the instructions of the operator. The Visitor shall not open the doors or windows of the gondola, shall not lean out of it, shall not throw out any kind of objects from the gondolas and is forbidden to swing the gondolas off-balance intentionally. Wearing clothes and shoes during the use of the service provided by the Giant Wheel is obligatory.
11./ Smoking, alcohol and psychogenic drug consumption is strictly forbidden on the site of the Giant Wheel.
12./ On the site of the Giant Wheel littering, vandalism and any other activity that could harm the devices and the equipment owned by the Giant Wheel, or obstructs or endangers the operation, is strictly forbidden.
13./ The Visitor will be denied to board the Giant Wheel and to enter the area of the Giant Wheel in case of breaching Clauses 5-8. If the Visitor enters the site of the Giant Wheel or boards the Giant Wheel with breaking such regulations, or breaches the regulations defined by Clauses 9-12 during the ride, the Visitor is solely responsible for one’s acts and the Operator closes off any responsibility for any kind of accidents, injuries, damages or other consequences that were generated by such circumstances. Furthermore, the Operator reserves the right to deny the entry of individuals who are displaying a behaviour that potentially endanger the safety or the pleasant amusement of other Visitors, and of individuals who display such a behaviour during the travelling time or violate the regulations of the present GTC. In case the Operator denies the service to an individual for reasons determined by this present GTC, the price of the purchased but not yet validated tickets are automatically refunded, but the Operator is not obligated to pay any further damages, reimbursements or compensation on any grounds, especially not refunding travel or accommodation expenses.
14./ The Visitor is solely responsible for the damages procured by oneself or by an underage individual under one’s supervision, subjects to both civil and criminal liability, towards both the Operator, the owner of the Giant Wheel and towards other Visitors or any other third party. The Operator excludes the liability for all damages that was caused by the illegal activity or omission of the Visitor or a third-party individual to any other Visitors or third-party individuals. From those who damage the Giant Wheel intentionally or by reckless conduct the Operator may claim the total compensation for the caused damage – that covers the actual financial loss and the loss of profit – and might initiate an action for damages.
15./ The Operator – except for the cases defined by Clause 16 – guarantees that the Visitor can use the service of the Giant Wheel with a valid ticket, while not providing any guarantee on the time it takes to start the boarding of Visitors with respect to possible excessive visitor impact.
16./ The Operator undertakes to use its best efforts to ensure that service of the Giant Wheel is continuously available for Visitors during the opening hours. While, the Operator fully reserves the right to suspend the operation of the Giant Wheel or to close it down – for either security or any other reasons, also without any preliminary notifications – at its sole discretion. The operating hours may be rescheduled by the Operator any time. In case of extreme weather conditions (henceforth, especially in cases of lightning, heavy showers, windstorms, high winds, whirlwinds) the Operator may suspend the operation temporarily or permanently for safety reasons. Within such circumstances the Operator refunds the tickets that had been purchased previously but were not validated, however the Visitor is not entitled to any other damage or compensation, and the Operator is especially not refunding travel or accommodation expenses.
17./ The service of the Giant Wheel can only be used for one’s own responsibility. The Operator is only responsible for breaching the agreement intentionally, furthermore in cases that endanger human life, physical safety or damages one’s health and besides the rights of the Visitors ensured by law, explicitly excludes the responsibility for any other loss. The price of the ticket has been established with regards to this restriction of liability.
18./ The Visitor is obligated to keep one’s personal objects and valuables with one’s own personal protection. The Operator explicitly excludes any responsibility for the loss, theft or damage of personal objects and valuables.
19./ Only persons entitled by a written agreement with the Operator have the right to resale tickets for the Giant Wheel.
20./ The Visitor acknowledges that the Giant Wheel is under continuous recorded sound- and camera surveillance by the Operator, furthermore by other Visitors, during which the image of the Visitor might get recorded. By taking the service of the Giant Wheel, the Visitor therefore approves that one’s face, appearance, behaviour gets recorded and made public, while it can only be specified by one’s explicit agreement. In case the Visitor is qualified as a public figure, he or she may be specified without an agreement. The Operator, regarding the Visitor, acquires limitless, transferable and exclusive rights in time, space and use in the cases of displays defined above. The Operator, and the individuals that got clearance from the Operator, are entitled to use the display without any kind of limitation (especially for advertising the Giant Wheel), entitled to duplicate, to make it public, to edit it, to air it and to sell it without being obliged to compensate the Visitor for it in any way. The Visitor is entitled to make sound and video recordings on the Giant Wheel, while is not entitled to sell or use the video and sound recordings in exchange for financial benefits, nor can one use it for commercial use without offsets either, cannot specify the Visitors who are displayed on such recordings, shall not violate their rights of personality. The Operator explicitly excludes all responsibility for any case when other Visitors breach the clauses defined above.
21./ The Visitor has the right to comment on the modality, quality of the service or on the behaviour of the individuals providing the service both verbally and in written form. The Operator is obligated to investigate the complaint, comment, recommendation within thirty business days, per the concerning regulations and take actions accordingly. The Operator is obligated to respond to the addressed complaints in written form. The Visitor has the right to turn with one’s complaint to the organisations that have the authority and the competence.
22./ This present GTC is governed by authoritative and relevant Hungarian legislation.
23./ This present GTC becomes effective on August 29, 2017, and shall remain in force for an indefinite period. Upon this present GTC entering into force, the Operator’s previous GTC, dated March 1, 2017, shall become null and void.