General terms and conditions of business

1. Scope / Applicable provisions

1.1 These General Terms and Conditions (hereinafter: GTC) apply to the use of all goods and services of the amusement park “ArkaZien - The Enchanted Adventure World”, Neue Grimmaer Straße 26, 04668 Grimma OT Beiersdorf (hereinafter: “ArkaZien Park”). The provider of all goods and services and the contractual partner for all contracts concluded in this regard is Mr. Günther Ziegler, Ziegler Playgrounds from A to Z, Leisure Facilities e.K., Am Dreieck 10, 04828 Bennewitz OT Zeititz, trading as “ArkaZien - The Enchanted Adventure World” (hereinafter: “ArkaZien”, “we” or “us”).

1.2 These terms and conditions apply both to the purchase of tickets, vouchers and other goods (hereinafter collectively referred to as "items") via the internet (hereinafter referred to as "online purchases") and to the purchase of items on-site (hereinafter referred to as "checkout purchases").

1.3 These Terms and Conditions apply regardless of whether our contractual partner (hereinafter referred to as "Customer", "you" or "your") is a consumer or an entrepreneur. For the purposes of these Terms and Conditions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. For the purposes of these Terms and Conditions, an entrepreneur is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, is acting in the course of their commercial or independent professional activity.

1.4 These Terms and Conditions apply in their current version. We reserve the right to amend these Terms and Conditions at any time. Amendments take effect immediately upon publication.

1.5 We do not accept any differing terms and conditions of the customer. This also applies if we do not expressly object to their inclusion. Individual agreements made with customers that deviate from these General Terms and Conditions (including collateral agreements, amendments, and modifications) take precedence over these General Terms and Conditions.

2. Tickets

2.1 We generally offer tickets – subject to current availability – as

a) dated day tickets,

b) undated day tickets and

c) Season tickets.

2.2 A dated day ticket is valid only on the specific date selected / for the specific period indicated. It grants access to ArkaZien Park for this period. If it is not used on that date, it expires without replacement.

2.3 Undated day tickets entitle the holder – unless otherwise stated on the ticket – to one visit to ArkaZien Park on any opening day within the season, provided that no special event is taking place on that day and the park is not already sold out. Undated day tickets that are not redeemed by the end of the season expire without replacement.

2.4 Season tickets can be used for visits to ArkaZien Park on any number of opening days within a season. This excludes days when the park is already sold out or when special events are taking place. Season tickets are personalized upon issuance at our ticket counters. If you purchase a season ticket online, you will initially receive a voucher for the ticket. Upon presentation of this voucher at our ticket counter, you will receive a personalized season ticket. The ticket expires at the end of the season.

3. Vouchers

3.1 In our online shops and at our ticket counters you can purchase vouchers for specific services (e.g. day tickets, season tickets, hereinafter: service vouchers) as well as vouchers with a specific monetary value (hereinafter: value vouchers).

3.2 All our vouchers are generally transferable. We can fulfill our obligations to any person who presents us with a valid voucher. However, this does not apply if we have knowledge or grossly negligent ignorance of the lack of entitlement, legal incapacity, or lack of authority to represent the respective holder.

3.3 All our vouchers are redeemable until the end of the third year following the year of purchase (expiration date). If the balance of a gift voucher is not fully used upon redemption, we will, at our discretion, either issue a new voucher for the remaining balance or note the remaining balance on the original voucher. Remaining balances can be used for further purchases until the expiry date of the original voucher.

3.4 Gift vouchers can be redeemed – unless otherwise stated on the voucher – for both online purchases and purchases at our physical store. The balance of a gift voucher can be used for

a) the purchase of tickets for the ArkaZien Park,

b) the purchase of food, drinks and other catering services in the park as well as

c) the purchase of souvenirs and other items in our retail outlets.

3.5 Cash redemption of gift vouchers or the credit balance they represent is not possible. The credit balance does not accrue interest until it is redeemed.

3.6 Gift vouchers can only be redeemed during online purchases until the order process is completed. Subsequent crediting is not possible.

3.7 Gift vouchers cannot be used to purchase other vouchers.

3.8 If the balance of a gift voucher is insufficient to pay for an order, the difference can be paid by making an additional payment using one of the other payment options we offer.

4. Offer and conclusion of contract

4.1 The presentation of items in our online shops and at our sales stands does not constitute a binding offer to conclude a purchase agreement. It is merely a non-binding invitation to submit an offer.

4.2 Online purchases are made via the order forms in our online shops:

a) In the first step, select the desired items and place them in your virtual shopping cart. Next, enter your customer data required for processing the purchase. In the third step, select one of the offered payment options and enter the data required for payment processing. In the final step, you can review all the information and correct it if necessary before confirming the terms and conditions and submitting the order to us by clicking the "Buy" button or the button clearly labeled in accordance with Section 312j Paragraph 3 of the German Civil Code (BGB).

b) Only by clicking on the “Buy” button or the button clearly labelled in accordance with § 312j para. 3 BGB do you submit a binding offer to purchase (§ 145 BGB) the items contained in the shopping cart.

c) After receiving your purchase offer, we will send you an automatically generated email to the email address you provided during the ordering process. This email will contain confirmation of your order, an invoice, and (if you purchased a ticket or voucher) the purchased tickets and/or vouchers. A purchase agreement is only concluded upon receipt of this email and only for the items specified in this email.

4.3 For purchases made at the checkout, the contract between you and us is concluded when we expressly confirm the purchase of the items you have requested or by conclusive action (e.g., handing over the requested items).

5. Prices

5.1 Unless otherwise stated in the item description, all prices quoted include the applicable statutory value added tax (VAT) and exclude any shipping or packaging costs.

5.2 Shipping and packaging costs, if and to the extent they are incurred, will be shown separately.

5.3 Prices are subject to change without notice. Errors and omissions excepted.

6. Payment and Payment Processing

6.1 For online purchases, payments to us can be made by credit card, PayPal, and instant bank transfer, unless otherwise stated. We reserve the right to restrict credit card payments to certain credit card providers.

6.2 The total price of your order, including all fees and costs, is due immediately upon submission of your offer (see section 2 above), subject to our acceptance. The items you have purchased remain our property until full payment has been received.

6.3 We reserve the right to use the services of third parties for payment processing and/or receipt. Therefore, the invoice or the corresponding account details may show a different payee than ourselves.

6.4 If payment for an order is not made or is reversed, we are entitled to withdraw from the contract and demand the return of any goods already delivered or to block the use of any vouchers or tickets provided to you. You are obligated to compensate us for any damages we incur as a result of the non-payment or the chargeback. We are entitled to charge the incurred bank fees plus a flat processing fee of EUR 5.00 for each chargeback. If we withdraw from the contract, we are also entitled to charge a processing fee of EUR 5.00. We reserve the right to claim further damages.

7. Delivery

7.1 If you purchase tickets or vouchers online, we will send them to you as a PDF file (hereinafter: e-ticket) via email after the purchase is complete. In this case, no further ticket will be sent by post. The smooth delivery of e-tickets requires that you enter your email address correctly during the ordering process. If you do not receive an e-ticket within 24 hours of an online purchase, you must inform us immediately. The same applies to problems with the display or printing of e-tickets. Failure to do so will preclude any claims for lost e-tickets.

7.2 All other items purchased via online orders (see section 1.2) will be sent to you by post. Delivery is subject to the stated shipping costs and usually takes place within 3-5 working days after receipt of payment.

7.3 All items must be checked for correctness immediately upon receipt. Tickets and vouchers must be checked in particular for consistency with the order (especially quantity, date or validity period, category, ticket price or voucher value). Obvious discrepancies or defects must be reported to us immediately in writing.

7.4 When purchasing goods, any obvious defects must be reported to us in writing within four weeks of receipt of the goods. The characteristics of the ordered items are described in our product description. Weight, dimensions, and other technical data are as precise as possible but may exhibit standard variations. In particular, color variations are possible for technical reasons. The characteristics described here do not constitute defects in the products we deliver.

7.5 If the deadline according to section 7.4 is missed, warranty claims are excluded. The date of receipt of the notification by the provider is decisive for compliance with the deadline.

8. Use and validity of tickets

8.1 Each admission ticket contains a barcode/QR code required for redeeming the ticket/voucher. For e-tickets, you can present either a printed copy or the e-ticket stored on a mobile device upon your visit to ArkaZien Park. All tickets purchased in physical form (e.g., on paper) must be presented in their original form at the entrance.

8.2 Proof of any discounts claimed, and – in the case of season tickets – proof of the ticket holder's identity, must be presented upon request. If such proof cannot be provided, we are entitled to charge you the difference to the regular price or to refuse you entry to ArkaZien Park.

8.3 Day tickets can only be redeemed once, and dated day tickets can only be redeemed on the date specified on the ticket. The specific barcode/QR code of a day ticket or voucher is invalidated upon its first scan. Multiple uses by duplicating the barcode/QR code are prohibited.

8.4 Tickets grant the right to enter ArkaZien Park during our specified opening hours or on the dates indicated on the ticket. Season tickets are personalized and only grant entry to the holder named on the ticket. We reserve the right to refuse you entry to ArkaZien Park or to end your visit prematurely if this is necessary for safety reasons (e.g., in case of severe weather, overcrowding, etc.) or if you grossly violate the park regulations (available at www.arkazien.de and on-site).

8.5 Unless otherwise agreed at the time of purchase, the commercial resale of day tickets and vouchers is not permitted. Non-commercial resale of day tickets is only permitted at the original purchase price plus any demonstrably incurred fees/costs (e.g., postage and shipping costs). The resale of season tickets is strictly prohibited. In the event of a violation of the aforementioned condition, we reserve the right to block the affected tickets from being used without compensation.

8.6 Multiple printings of an admission ticket or voucher, or any other reproductions for the purpose of misuse, are prohibited. We reserve the right to report the misuse of admission tickets or vouchers to the authorities and to claim damages from the holders.

8.7 After receiving your tickets or vouchers, you are responsible for keeping them safe. We accept no responsibility for loss, theft, or misuse within your control and will not provide any replacements.

9. Cancellation and return rights, cancellation policy

If you are a consumer (see section 1.3), you have a right of withdrawal in accordance with the statutory provisions.

However, there is no right of withdrawal for distance contracts for the provision of services related to leisure activities if the contract specifies a particular date or period for performance (§ 312g para. 2 sentence 1 no. 9 of the German Civil Code). There is also no right of withdrawal for online purchases of tickets booked for a specific date or period (e.g., dated day tickets, season tickets). Please note, therefore, that the right of withdrawal described below applies only to online purchases of tickets not issued for a specific date or period, as well as vouchers and other goods.

Cancellation policy:

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. To exercise your right of withdrawal, you must inform us – Ziegler Spielplätze von A-Z, Freizeitanlagen e.K., Am Dreieck 10, 04828 Bennewitz OT Zeititz, Germany, email: info@arkazien.de, telephone: +49 3425/854339 – of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or an email). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of the revocation:

In the event of a valid cancellation, we will reimburse all payments received from you, including delivery costs (excluding any additional costs incurred if you chose a delivery method other than our standard, cost-effective option), without undue delay and no later than fourteen days from the day on which we received your cancellation notice. For this reimbursement, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise; in no case will you be charged any fees as a result of this reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

10. Warranty and Liability

10.1 Your warranty claims in the event of defects in the items you have purchased are governed by the statutory provisions, unless otherwise stipulated in these Terms and Conditions.

10.2 Access to and use of the facilities of ArkaZien Park are subject to the park regulations, which can be viewed online at www.arkazien.de and on-site in the park. For the safety of all visitors, the instructions of the park staff must be followed at all times.

11. Dispute Resolution

We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

12. Miscellaneous

12.1 The law of the Federal Republic of Germany shall apply exclusively. Notwithstanding the foregoing, consumers whose habitual residence is outside the Federal Republic of Germany may always also invoke the law of the state in which they reside.

12.2 The sole place of performance for delivery, service and payment is Grimma, provided the customer is an entrepreneur (see clause 1.3).

12.3 If the customer is a merchant, the exclusive (including international) place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is Grimma. This also applies to non-merchants in the case of cross-border contracts. ArkaZien reserves the right to bring legal action before any other internationally competent court.

12.4 Should any provision of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall not be affected.

As of June 2025