GENERAL TERMS AND CONDITIONS FOR THE USE OF “THE FERRIS-WHEEL OF BUDAPEST”
Effective: from 1st May 2019
I. INTRODUCTORY PROVISIONS
1./ In respect of the “Ferris Wheel of Budapest” (hereinafter referred to as Ferris Wheel) operated by Ferris Wheel Kereskedelmi és Szolgáltató Korlátolt Felelősségű Társaság (H-1051 Budapest, Széchenyi István tér 7-8. C. ép. 1. em., Company registration No.: Cg.01-09-337618, hereinafter referred to as Operator) on Erzsébet tér, the present General Terms and Conditions (hereinafter referred to as GTC) determine (i) the rights and obligations related to ticket purchase, as well as the legal relationship between the Operator and the ticket purchasers; and (ii) the rights and obligations of visitors related to the use of the Ferris Wheel, including the mandatory rules of conduct as well.
2./ Ticket purchaser (hereinafter referred to as Ticket Purchaser) shall mean the person who purchases a certificate which grants entry to the Ferris Wheel and which was issued in printed form and is affixed with unique identifier (hereinafter referred to as Ticket), or who purchases a certificate issued in any form and which represents the claim for the Ticket (hereinafter referred to as Voucher). Visitor (hereinafter referred to as Visitor) shall mean the natural person who actually uses the Ferris Wheel.
3./ Tickets may be purchased, and the Ferris Wheel may be used only with the acceptance of and in compliance with the GTC. The Ticket Purchaser and the Visitor other than the Ticket Purchaser consider themselves bound by the provisions of the GTC upon buying the Ticket or the Voucher, or upon using the Ferris Wheel, respectively. Operator may deny providing services to any Ticket Purchaser or Visitor who disobeys or breaches the rules, and in justified cases, Operator may remove such Ticket Purchaser or Visitor from the premises of the Ferris Wheel, in which case the Ticket Purchaser or the Visitor may not demand refund for the Ticket or the Voucher.
II. TICKET PURCHASE
1./ Tickets may be purchased exclusively in person, while Vouchers may be purchased in person or via electronic means through Operator’s own online sales interface.
Each and every Voucher purchased online is affixed with a separate certificate (electronic solution suitable for unique identification, for example QR code), therefore in case of very purchase, the Ticket Purchaser will find one or more links, depending on the number of Vouchers purchased. All links lead to different certificates, therefore, if multiple Vouchers are purchased, then all certificates shall be shown upon entry. The Visitor shall be responsible for retaining the Voucher, as well as for presenting it upon the use of the Ferris Wheel, when Operator issues the Ticket in place of the Voucher.
4./ In case of ticket purchase in person, the Ticket Purchaser may take the Ticket(s) or Voucher(s) at the points of sale operated by Operator or the contractual partners of Operator, during business hours, using the payment methods indicated at the points of sale and subject to simultaneous payment.
5./ The purchasing process may be terminated without consequences at any time before the payment is completed. After the payment, the Ticket Purchaser is no longer entitled to withdraw from the use of the ticket sales service. Except for the cases expressly specified in the present GTC, Operator excludes the exchange, replacement or redemption of the Tickets, or the refund of the purchase value of the Tickets in any other way.
6./ Only the persons authorised by Operator through written agreement are entitled to resell the Tickets and Vouchers for the Ferris Wheel.
7./ The Ticket Purchaser and the Visitor acknowledge that Operator is not liable for any loss or abuse which arises from the course of or as a result of the application of any of the payment methods, therefore Operator cannot be held liable in case the Ticket Purchaser fails to notify the financial institution issuing the bank card that his/her bank card had been lost.
Operator explicitly excludes liability for the failures, inadequacies or security of the payment solution applies.
III. USE OF THE FERRIS WHEEL
1./ The Ferris Wheel may be used during the period of operation and opening hours specified by Operator, and with valid Ticket. The period of operation, the opening hours and the current ticket prices are available on site, and on the www.oriaskerek.com website. The Voucher purchased – personally or via electronic means – for the purpose of using the Ferris Wheel may be redeemed within one month of the day of the purchase. At the same time, Operator warns the Visitor that Operator – subject to its own unilateral decision – may stop the operation of the Ferris Wheel at any time earlier than as specified above, in which case the Voucher may be redeemed for a Ticket only until Operator actually allows the use of the Ferris Wheel. Operator expressly excludes its liability if for this reason the Visitor is unable to use the Voucher purchased.
2./ The Ticket – regardless of whether it had been purchased personally, or if the Voucher purchased previously was redeemed for a Ticket – may be used on the day of the purchase/redemption exclusively. The Ticket entitles the Visitor to use the Ferris Wheel for three full turns, in the cabin designated by Operator. In case of any possible misuse of the Ticket or Voucher (for example, earlier unauthorised entry with the code indicated on the Voucher), Operator will not issue a new Ticket. Considering the above, in case of online ticket purchase, the Ticket Purchaser or the Visitor shall be solely obliged to and responsible for safekeeping the Voucher with due care and so that the Voucher cannot be accessed by unauthorised persons. Operator does not undertake liability for possible misuses.
3./ The Visitor shall keep the receipt or invoice received upon the purchase throughout his/her stay on the Ferris Wheel. Without the receipt, the Visitor is not entitled to the refund of the price of the Ticket in any case. The Visitor shall also keep the Ticket purchased on his/her person and shall present it to the employees of Operator upon request. Operator has the right to remove any person who tries to enter the Ferris Wheel without valid Ticket from the premises of the Ferris Wheel.
4./ In the interest of the safety of the Visitors, Operator reserves the right to restrict the objects and appliances which may be taken onto the premises of the Ferris Wheel. Therefore, it is prohibited in particular to bring onto the premises of the Ferris Wheel any narcotics, pyrotechnics devices, any object or appliance containing explosive, toxic or flammable materials, equipment suitable for making graffiti, paint spray cans and markers, as well as firearms, any kind of cutting or stabbing device, gas sprays, loaded sticks, expandable batons, metal chains, throwing stars, sling-shots, and any other object particularly dangerous for public safety and specified in the prevailing law on object particularly dangerous for public safety – currently Gov. Decree No. 175/2003. (X. 28.) –, furthermore, in general, objects the possession of which is unlawful, or which could otherwise jeopardize the safety of the persons who are on the premises of the Ferris Wheel. It is prohibited to board the Ferris Wheel with food, alcoholic beverages, bottles, flasks and glasses. The Visitor may not enter the premises of the Ferris Wheel if he/she has the objects subject to the restriction.
5./ The Ferris Wheel cannot be used under the influence of alcohol or narcotics. The Visitor shall be responsible for not using the Ferris Wheel in a condition or in possession of the objects listed or not listed in Section III/4 which could be dangerous to the life, physical integrity, health or safety of the Visitor or others.
6./ Children under the age of fourteen may visit the Ferris Wheel only under constant parental supervision or accompanied by any other adult.
7./ The Visitor is not entitled to take animals – apart from the statutorily allowed guide dogs and police dogs – on the Ferris Wheel.
8./ The Visitor shall obey the requests and instructions of the employees of the Operator, provided that such requests and instructions are related to the operation of the Ferris Wheel and do not infringe the constitutional rights of the Visitor.
9./ When boarding and getting off the Ferris Wheel, the Visitor shall wait until the Ferris Wheel comes to a standstill. If – for technical and other reason – the Ferris Wheel suddenly stops during a turn, then the Visitor shall stay in the cabin and wait until the end of the turn or for the instructions of the operator. The Visitor shall not open the door or the window of the cabin, shall not lean out of those, and shall not throw objects out of the window, and shall not cause the imbalance of the cabin wilfully. In case of emergency, the Visitor may report the emergency by using the telephone to be found in the cabin. It is mandatory to wear clothes and shoes while using the Ferris Wheel; Operator may initiate legal action against the persons who disobey this rule and cause outrage in other Visitors.
10./ Smoking, as well as the consumption of alcoholic beverages and narcotics are prohibited on the Ferris Wheel.
11./ Littering, vandalism, nuisance, as well as any other activity which may damage the devices and appliances owned by the Ferris Wheel, or which may hinder or endanger the operation of the Ferris Wheel in any way are prohibited.
12./ The Visitor shall not board the Ferris Wheel or enter the premises of the Ferris Wheel if he/she breaches the regulations specified in Sections III/4-7. If the Visitor enters the premises of the Ferris Wheel or boards on the Ferris Wheel after having breached the above regulations, or if the Visitor breaches the regulations specified in Sections III/8-11 during the ride, then the Visitor does so at his/her own responsibility, and Operator explicitly excludes its liability for the accidents, injuries, damages and other consequences resulting from such breach. In addition to the above and subject to Operator’s sole discretion, Operator may prohibit the entry of persons who act in any way that endangers the safety or uninterrupted activity of the other Visitors, as well as Operator may remove those persons from the premises of the Ferris Wheel who act in such way or breach the provisions of the GTC during the ride. If Operator denies service to any person due to the breach of the provisions of the present GTC, then the Ticket Purchaser or the Visitor shall not claim refund for the price of the Voucher or the Ticket.
13./ The Visitor shall have full liability – in terms of both civil and criminal law – for the damages caused by any minor supervised by the Visitor, to both the Operator and the owner of the Ferris Wheel, and both to the other Visitors and third parties. Operator excludes its liability for any and all damages which were caused to any Visitor of the Operator or any third party by the unlawful activity or the omission of the Visitor or any third party. Operator may claim compensation of the entire damage – including the actual financial loss and lost profits as well – from anyone who causes damage to the Ferris Wheel through his/her wilful or negligent conduct, and Operator may initiate proceedings for damages against such person.
14./ Operator – apart from the cases specified in Section III/15 – warrants that the Visitor can use the Ferris Wheel with the Ticket, with that considering the high visitor number, Operator does not warrant how long the entry process itself actually takes.
15./ The Ferris Wheel may be used only at one’s own risk. Operator shall be liable exclusively for the wilful breaches of contract attributable to Operator, and the breaches of contract which damage human life, physical integrity or health, and apart from the rights to which the Visitors are entitled to under law, Operator explicitly excludes its liability in connection with any other loss or damage. The price of the Ticket is determined in consideration of the Section 16. exclusions.
16./ Operator will make all reasonable efforts to ensure that the Ferris Wheel is continuously available to the Visitors during the opening hours. Nevertheless, Operator reserves the right to – subject to its sole discretion – suspend the operation of the Ferris Wheel or close is, either for safety or other reasons, and even without prior notification. Operator may change the operating hours at any time. In case of extreme weather conditions (therefore in particular in case of lightning, downpour, rainstorm, windstorm, high wind or hurricane), Operator may suspend the use of the service temporarily or may terminate it permanently. In such case, as well as in case of the technical failure of the Ferris Wheel, Operator will issue a new Voucher instead of the Ticket already purchased but not yet used, as well as Ticket with which the Visitor had already entered but the service had not been provided for the duration specified in Section III/2, with that such re-issued voucher may be redeemed for the new Ticket within three months of the issuance. Apart from the cases above, Operator is not obliged to pay any damages, indemnification or compensation to the Visitor on any legal ground, therefore Operator shall not reimburse the Visitor for his/her travelling or accommodation costs in particular.
17./ The Visitor shall keep his/her personal belongings and valuables on his/her person. Operator explicitly excludes its liability for damages arising from the personal belongings and valuables being lost, stolen or getting damaged.
IV. FINAL PROVISIONS
1./ The Visitor acknowledges that audio and visual recordings of the Ferris Wheel may be made by Operator and other Visitors as well, in course of which the image of the Visitor may be recorded. Accordingly, by using the Ferris Wheel the Visitor explicitly grants his/her consent to that his/her face, appearance and actions be recorded and disclosed, with that those may be specified by name exclusively upon the Visitor’s explicit consent. If the Visitor is considered as a public figure, then the Visitor may be specified by his/her name without his/her consent as well. The creator of the depictions specified above acquires transferable and exclusive licence to use in respect of the Visitor, which licence to use is unrestricted in terms of territory, time and manner of use. With regard to the Visitor, Operator, as well as the persons who are given authorisation by Operator are authorised to exploit, use (especially for the promotion of the Ferris Wheel), reproduce, publish, adapt, make public, broadcast, communicate to the public and market the depiction subject to no restrictions, without having to provide consideration to the Visitor in any way. The Visitor may make audio and video recordings on the Ferris Wheel, with that the Visitor shall not sell the video and audio recordings made by the Visitor, shall not exploit those for consideration, shall not exploit those for commercial purposes without consideration, shall not specify the Visitors to be found on such video and audio recordings by name without their consent, and shall not violate the personal rights of such other Visitors. Operator explicitly prohibits the Visitor from making cinematographic creations on the Ferris Wheel without the prior written consent of Operator. Operator explicitly excludes its liability in case other Visitors breach the above provisions.
2./ The Visitor may submit his/her observations related to the manner and quality of service provision or the conduct of the service provider verbally or in writing. In accordance with the relevant regulations, Operator shall investigate the compliant, observation or recommendation within thirty working days, or shall take measures accordingly. Operator shall reply to complaints which have any address attached in writing. The Visitor may refer his/her complaint to the supervisory authorities of competence and jurisdiction as well.
3./ The provisions of the Hungarian laws are applicable to the present GTC mutatis mutandis.
4./ The present GTC shall enter into effect for an indefinite term on 1st May 2019.