Terms of Use

Movie Park Germany GmbH & Co KG
Warner Allee 1
D - 46244 Bottrop
GERMANY
Tel.: 00 49 2045/899-0
Fax: 00 49 2045/899-706
e-mail: info@moviepark.de

Commercial Register Entry:
Movie Park Germany GmbH & Co. KG, Gelsenkirchen, HRA 2380
Movie Park GP GmbH, Gelsenkirchen, HRB 4919
Managing Director: William Muirhead, Miles Cresswell-Turner, Fabio Giuseppetti, Wouter Dekkers, Cornelis Kikstra

VAT ID number: DE 161561323
Movie Park Germany is an affiliate of StarParks Group.

General Terms of Use

Disclaimer

Contents of the Website
The information on the website can only be seen as general guidelines. Although Movie Park Germany makes every effort to make correct and current information available, it is possible that the website contains errors. Movie Park Germany assumes no liability for the information and its use by users of the website. Movie Park Germany reserves the right to change the website at any time without notice and update it. Movie Park Germany is not to be made liable for any direct or indirect damages arising from the use of the website by the user.

Availability of the website
Movie Park Germany does not guarantee any seamless and error free website access and also does not guarantee that the website is free from viruses and dangerous components.

Movie Park Germany neither makes nor implies a guarantee. In particular, any guarantee concerning the availability and correctness of the website and its suitability to fulfilling user expectations and needs is excluded.

Movie Park Germany cannot be made liable for direct or indirect damages arising from the inability of a user to use the website.

Use of information by the visitor
The users are obligated to respecting the copyrights of Movie Park Germany and Third Parties. The availability of pictures, images, text, trademarks, and photos on the website does not mean that the user has the right to use these.

Pictures that appear in the "Press" section are only available for journalistic purposes.

According to the judgement of the Regional Court (Landgericht) of Hamburg on 12 December 1998, one can be made partially responsible for the content of sites by linking to them. According to the Regional Court, this can only be prevented if one explicitly distances oneself from the contents of these sites. This occurs in this place. Movie Park Germany GmbH & Co. KG takes no responsibility whatsoever for the contents/form of sites that are linked to by this website.

Copyright
Movie Park Germany and all related logos are trademarks of Movie Park GmbH & Co. KG. © 2007.
SpongeBob and all related characters and elements are trademarks of TM and © 2007 Paramount Parks Inc. © 2007 Viacom International Inc. All right reserved. Nickelodeon and all related titles, logos and characters are trademarks of Viacom International Inc. SpongeBob SquarePants created by Stephen Hillenburg

Ice Age and all related characters and elements are trademarks of TM & © 2002, 2005 Twentieth Century Fox Film Corporation. All Rights Reserved.

No element of the website may be copied, imitated, republished, sent, forwarded, or distributed without the explicit authorisation of Movie Park Germany.

Applicable Law and Jurisdiction
Any controversy relating to the websites of Movie Park Germany is subject to German law. Jurisdiction is Bottrop.

Data Protection
We are concerned about protecting all personal data that you might divulge at our website. Our goal is to protect your personal data according to the German Law on Data Protection.

1. Why do we manage your personal data?
Movie Park Germany collects personal data if you order goods or services with our website or take part in a sweepstakes.

The data that you enter during the ordering of goods or services with our website is collected in order to carry out your order and fulfil the contract. The personal data from all registered profiles is saved in order to carry out further orders that you make with our website.

With your agreement we use the personal data that we have obtained at the web website in order to inform you of new products and services and make you sales offers. Your data will be transferred to our official partners for the purposes of advertising for goods and services.

You can raise an objection against your data being used for advertising purposes at any time by sending a written demand to Movie Park Germany, Warner Allee 1, 46244 Bottrop-Kirchhellen, Germany.

If you have decided for delivery of the ordered products by DHL, your data will be forwarded to DHL in order for the products to be delivered to you.

We do not process any of your financial data, e.g. credit card number, expiry date. This data is saved directly on the website of Ogone, which has their own data protect rules. The visitors obligates himself/herself to respecting the copyright of Movie Park Germany and of third parties. The availability of pictures, graphics, text, trademarks, and photos on the website does not mean that the user has the right to use these.

Connection data, e.g. IP address, country, date, time, and length of visit to the website, visited websites, etc. is assessed in order to make statistics about the use of the website and improve our web presence. This data is neither sold to third parties nor passed on.

2. Right of Inspection and Correction
Every person can, with proof of identity, receive free of charge a written message with all the information which we have saved about her/him and correct all incorrect or incomplete information with a written request to Movie Park Germany Warner Allee 1 46244 Bottrop-Kirchhellen, Germany.

3. Security
Movie Park Germany takes all appropriate steps in order to secure your data and especially to protect it against it being changed, compromised, or being transferred to third parties.

4. Contact
Should you have questions or complaints in regards to the management of your personal data, please send these to the following address: Movie Park Germany, Warner Allee 1 46244 Bottrop-Kirchhellen, Germany. Movie Park Germany obligates itself to answering your request as soon as possible.

General Terms and Conditions

Article 1 - Scope
The following contract terms and conditions apply to all contracts that are closed on the website of Movie Park Germany between Movie Park Germany and third parties, with the except of articles 4§4 and articles 6 and 8, which do not apply to professionals.

In the case that the contract is closed with an end user, the following contract terms and conditions are only used if the contract is recognised as a distance selling contract. From that arises that the following contract terms and conditions do not apply if the parties must physically meet during the offer phase.

Article 2 - Definitions
The seller is Movie Park Germany:

Movie Park Germany GmbH & Co KG
Warner Allee 1
D - 46244 Bottrop
Germany
Tel: 00 49 2045 899-0
Fax: 00 49 2045 899-706
TVA: DE 161 561 323
e-mail: info@moviepark.de

The buyer is either an end user or a professional.

The end user is every natural or legal person who purchases or uses the products or services presented by Movie Park Germany for uses besides retail, business, or professional uses.

A professional is every person who uses or purchases the products or services presented by Movie Park for business purposes.

Articles 4§4 and articles 6 and 8 of the following contract terms and conditions do not apply to professionals.

Article 3 - Offer
Information that describes products or services which can be purchased on the website of Movie Park Germany are to be considered offers for closing a contract. The offer is valid as long as it is presented on the website unless it is explicitly mentioned otherwise.

However, Movie Park Germany cannot be bound to errors that include errors for reasons beyond its control.

Article 4 – Contract Closure
§ 1. Steps to be taken for closing a contract.
In order to close a contract, the purchaser must take the following steps:

  • Step 1 “Purchase Online”: the purchaser chooses the goods or services, as well as the quantity.
  • Step 2 "Registration": the purchaser identifies himself with a username and a password. If she/he has not yet registered, she/he fills out a form.
  • Step 3 “Identification of the Receiver”: the purchaser provides the data that affects the other receivers of the order. A photo of the recipient of the pass/entry ticket must be included. Different options can be chosen, such as the immediate download, download within 7 days, sending by mail, or lodgement at the park entrance. 
  • Step 4 "Delivery": the buyer chooses the kind of delivery: standard delivery, express mail, or pick-up at the box office. Standard mail as well as pick-up at the pay window is free for the purchaser, whereas express delivery will be added to the bill. For each kind of delivery there is a specific delivery time that is mentioned on the website. 
  • Step 5 "Summary": a summary of the order appears on the screen with the following information: order number, purchased products or services, total price, address, and delivery agreement;
    The purchaser must accept the contract terms and conditions; a hypertext link allows the terms and conditions to be read;
    The purchaser can either complete the order by clicking on the symbol “Yes, I confirm my order” or change the order by clicking on the symbol "back".
  • Step 6 "Payment": the purchaser chooses the method of payment. The financial data of the purchaser will be transferred directly to Ogone, which manages and secures the online payments. Movie Park Germany confirms no information that is in connection with the payment. A message informs the purchaser whether the payment has been accepted or declined.

The steps for closing the contract will be available in the following languages: German, English, and Dutch.

§ 2. Consent of the Purchaser
The consent of the purchaser is given in the summary that appears in step 5 on the screen; this step allows the purchaser to correct the errors and confirm his order by clicking on the symbol "Yes, I confirm my order".

§ 3. Moment of the Closure of the Contract
The contract is considered closed at the moment when the purchaser receives the confirmation of the purchase order.

§ 4. Sending of a Confirmation
The seller sends a confirmation of the order to the purchaser at the latest at the time of dispatch. The confirmation should contain the following information:

  • Name and address of the seller
  • Price of the purchased products or services, including delivery costs,
  • Kind of delivery and the delivery address
  • Information on the rights to withdraw from the contract as well as the conditions for taking advantage of this right

The confirmation appears at first on the screen at the end of the steps for closing the contract and is then send to the purchaser electronically or in the mail. The confirmation is proof of purchase.

Article 5 – Electronic Verifications
Because of the business relationship, both parties accept electronic verification such as e-mails and copies in computer systems.

Article 6 – Withdrawal from the Contract
§1 The right to withdraw from the contract
The user has the right to withdraw from the contract in the following cases: 

  • If she/he has purchased a product that does not fall under the exceptions in §2.
  • If she/he has purchased a pass/entry ticket for a park that is only valid two weeks after the date of the order.

For products, a term of two weeks from the date of receipt applies for the user to withdraw from the contract.
For passes/entry tickets, a term of 2 weeks from the date of receipt applies for the user to withdraw from the contract.

If the user intends to withdraw from the contract, he must inform the seller by registered letter and send the products or passes/entry tickets to the following address:

Movie Park Germany GmbH & Co KG
Season Pass Service
Warner Allee 1
D - 46244 Bottrop
Germany

The costs for the return postage are to be borne by the purchaser.

§ 2. Exceptions the Right to Withdrawal from the Contract
The user cannot claim the right to withdraw from the contract in the following cases:
When she/he bought:
A product that was especially made according to the specifications of the user

  • A product that because of its nature cannot be returned
  • An audio or video recording or PC software that has been opened by the user, or
  • A newspaper or magazine, or
  • A pass/entry ticket for a park that is valid immediately or within a period of less then two weeks from the date of order.

Article 7 - Payment
The purchaser pays for the purchase with a payment method authorised by Ogone. The method of payment is managed directly by Ogone. No information regarding the payment is transferred to Movie Park Germany.

Movie Park Germany assumes no liability whatsoever in regards to online payments.

In the scope of the payment processing, the purchaser receives a confirmation, or in the case of a problem, a message that recommends repeating the procedure.

Article 8 - Refunds
Should the user avail herself/himself of the right to withdraw from the contract in agreement with the terms described in article 6§1 and if the purchase price has already been paid, the seller is obligated to refund the paid amount as soon as possible, excluding refund costs.

Article 9 - Delivery
§ 1. Kind of Delivery
The purchaser determines with the purchase the kind of delivery. Should delivery by mail be chosen, no additional costs are added to the bill. Should express delivery be chosen, the additional costs will be charged.

The purchaser can also decide to pick up the passes/entry tickets at the park box office. For this there are also no additional charges.

§ 2. Delivery Time
Movie Park Germany obligates itself to dispatching within the time indicated in the order. Movie Park Germany also obligates itself to informing the purchaser in the case of a delay in the dispatch which is outside of its control. Should the delivery time extend beyond 30 Days after the beginning of the term for delivery, except in cases of an act of God, the purchaser can withdraw from the contract without penalty. She/he will then receive a credit for the paid sum.

§ 3. Risks
The risks for the sending of the products or passes/tickets shall be borne by the purchaser.

Article 10 - Copyright
The copyright for the website and its components belongs to Movie Park Germany or third parties. The contract between Movie Park Germany and the purchasing does not entitle the purchaser in any way to copying, imitating, downloading, sending, forwarding, or distributing elements of the website of Movie Park Germany.

Article 11 – Privacy Protection
Guidelines regarding agreement with the terms for protection privacy are in the data protection procedures.