house rules DIE GARTEN TULLN GmbH

Status 24.06.2021

§ 1. Scope and definitions

1.1. These house rules apply to all visitors to DIE GARTEN TULLN. If the operator of DIE GARTEN TULLN changes, this will have no impact on the validity of the house rules. Every visitor submits to these house rules, which are posted and can be found on DIE GARTEN TULLN homepage.

1.2.    Definitions
1.2.1.    Visitors    Visitors to DIE GARTEN TULLN, regardless of whether they are visiting the area with admission or the area with no entry. Furthermore, the term visitor stands for all genders
1.2.2.    Operator    The operator of DIE GARTEN TULLN is currently DIE GARTEN TULLN GmbH. These house rules apply to all visitors, regardless of whether DIE GARTEN TULLN GmbH is the operator or not.
1.2.3.    Boat trips    Use of boats in the entry-free area by visitors.
1.2.4.    Free entry area    area of ​​DIE GARTEN TULLN, which is freely accessible without an admission ticket.
1.2.5.    Admission ticket    Entitles one-time entry to the area of ​​DIE GARTEN TULLN that requires admission.
1.2.6.    Area requiring entry    Fenced area of ​​DIE GARTEN TULLN, which requires an entry ticket to visit.
1.2.7.    Gastronomy    Facilities within DIE GARTEN TULLN that are intended primarily or exclusively for the serving of food and/or drinks.
1.2.8.  DGT    Is DIE GARTEN TULLN GmbH FN 248821 p of the commercial register of the St. Pölten regional court, the current operator of DIE GARTEN TULLN. A change of name or change of operator has no influence on the validity of the house rules.
1.2.9. Model gardens
Garden areas designed by the participating companies in the entrance fee area of ​​DIE GARTEN TULLN.
The exhibition DIE GARTEN TULLN was the Lower Austrian State Garden Show in 2008 and subsequently became a permanent facility, which is now open every year from April to October.
1.2.11. Opening hours
Usually from the second Saturday in April to the second Sunday in October, Monday to Sunday 9:00 a.m. to 6:00 p.m. The operator is free to change the entry times in the current year or in subsequent years.
1.2.12. Parking spot
all areas for parking motor vehicles
1.2.13. Plant sales
Plant tables at the entrance building for purchasing plants.
1.2.14. Season pass
Admission ticket that entitles you to enter the area subject to admission multiple times.
1.2.15. Shop
Facility for purchasing souvenirs and the like.
1.2.16. Playground
areas with facilities for children to play,
1.2.17. Events
Events as part of DIE GARTEN TULLN for information and/or entertainment.
1.2.18. Event hall
Hall for holding events.
1.2.19. Paths
Facilities on DIE GARTEN TULLN grounds for getting around on foot.

§ 2.    General

2.1.    DIE GARTEN TULLN area consists of a free-entry area and a fenced-in area that requires entry. Visiting the GARTEN TULLN premises is entirely at the visitor’s own risk
2.2.    Official orders regarding health and hygiene, such as during the Corona pandemic, must be followed without fail. In addition, orders and recommendations that can be traced back to any DIE GARTEN TULLN prevention concept must be adhered to.
2.3.    A visit to DIE GARTEN TULLN, as well as all associated activities, is entirely at your own risk.
2.4.    DIE GARTEN TULLN assumes no duty of supervision whatsoever over minors or other persons requiring supervision. The visitors who are accompanied by such persons are obliged to supervise without exception and uninterrupted; visitors are liable for the behavior of these people.
2.5.    Visitors must behave particularly carefully near water surfaces, regardless of whether they are watercourses, pools, swimming ponds, etc., as there is a risk of drowning. Minors or other persons subject to visitor supervision must be supervised particularly carefully in this area.
2.6.    The instructions of the supervisory staff must be observed immediately and without exception, regardless of whether these instructions are given in person or over loudspeakers.
2.7.    In catering establishments, in plant sales, in the shop, in the model gardens and when renting boats, the right to issue orders applies in accordance with § 2.5. to the respective operator of this facility. If the orders of these people contradict the house rules, the house rules apply exclusively.
2.8.    The respective operators of these facilities are solely responsible for catering facilities, the shop, the model gardens and the boat rental. The use of these facilities, in particular their entry, is regulated by the respective operators of these facilities. The operator of DIE GARTEN TULLN bears no responsibility whatsoever for these facilities and the operators of these facilities.
2.9.    Visitors must behave considerately at DIE GARTEN TULLN - both towards other visitors as well as towards exhibitors and other organizers as part of DIE GARTEN TULLN. Tours, events and the like must not be disturbed. The operator's staff, especially gardeners, as well as the operators of restaurants, plant sales, shops and the like must not be disturbed during their work.
2.10.     Taking dangerous items such as flammable materials, weapons and the like is prohibited.
2.11.    Visitors allow the operator to have their clothing and any bags, pouches and the like that they have brought with them searched to check compliance with the house rules.
2.12.    Bags, pouches and the like must be supervised at all times. Unattended bags, pouches and the like will be removed by supervisory staff.
2.13.    Lost items must be handed over immediately to an employee of the operator.
2.14.    The consumption of alcohol on DIE GARTEN TULLN premises is only permitted in the catering areas.
2.15.    Fishing, picking plants and the like is prohibited.
2.16.    Commercial activities, such as advertising or selling goods, are not permitted on DIE GARTEN TULLN premises.
2.17.    The need to relieve oneself may only be carried out in toilets.
2.18.    In the event that sound and image recordings are made by the visitors in the course of reporting on DIE GARTEN TULLN, the visitors expressly allow this and grant the operator all rights to such, without any Restrictions such as temporal, spatial, factual, etc. nature, exclusive; The exploitation and distribution of such recordings and rights is permitted without restriction.
2.19.     No (damage) claims of any kind can be derived from a temporal and/or spatial restriction on the use of DIE GARTEN TULLN.
2.20.    Visitors must take all measures to ensure that the safety of people and objects, in particular traffic safety, is not endangered on DIE GARTEN TULLN.
2.21.    Visit to the area requiring admission is only permitted during opening hours with a valid admission ticket or season ticket.

§ 3.    Weather-related restrictions

3.1.    No claims whatsoever can be derived from a weather-related restriction and/or impossibility of using DIE GARTEN TULLN.
3.2.    In the event of thunderstorms with lightning strikes, hail, storm warnings and similar natural events, the instructions of the supervisory staff must be followed unconditionally and immediately.
3.3.    Visitors who do not follow the instructions of the supervisory staff in such cases, in particular not leaving the premises, act exclusively at their own risk. DIE GARTEN TULLN assumes no liability whatsoever for damage resulting from disregard and/or non-compliance with the instructions of the supervisory staff.

§ 4.    Entrance area in general

4.1.    Access to the area requiring admission is only permitted with a valid admission ticket or season ticket. The prices for entrance tickets and season tickets will be announced separately.
4.2.    The admission ticket entitles you to a one-time visit to DIE GARTEN TULLN and is validated upon entry. Visitors note that multiple entry with the same ticket is not possible. This also applies if the area requiring entry is left during the visit and the visitor goes to the area that does not require entry. It is then not possible to re-enter the area where entry is required.
4.3.    Season tickets are valid exclusively for the person for whom they were issued by the operator and are not transferable; They are only valid in conjunction with an official photo ID of the person for whom they were issued. If requested by supervisory staff, the season ticket and official photo ID must be presented.
4.4.    The sale of admission tickets and season tickets takes place until the end of opening hours. There will be no price reduction when purchasing shortly before the end of the season.
4.5.    Entrance tickets and season tickets are not considered invoices within the meaning of Section 11 UStG and therefore do not entitle you to deduct input tax.
4.6.    Entry tickets and season tickets will not be returned, exchanged or replaced in the event of loss. This also applies if DIE GARTEN TULLN does not take place or is restricted (in terms of time and/or space) due to bad weather, storms or the like; nor if an eviction occurs due to a violation of the house rules.
4.7.    If a season ticket is misused, in particular passed on to third parties, the operator is entitled to expel the person who misused the season ticket from the GARTEN TULLN premises and to confiscate the season ticket without replacement .
4.8.    The operator is not obliged to contract. In particular, the operator reserves the right not to grant access to unsupervised minors, drunk people, people with contagious diseases and the like or to turn such people away. This also applies to people who violate the house rules.
4.9.    DIE GARTEN TULLN is limited in terms of the maximum number of visitors. If the maximum number of visitors is exceeded, the operator is free to refuse entry to further visitors. This does not give visitors any claim whatsoever.
4.10.    Smoking is only permitted in areas expressly designated as smoking areas. This also applies outdoors and in entry-free areas.
4.11.    Taking pets, especially dogs, is prohibited.
4.12.    Contamination such as throwing away waste (paper, cigarette butts, etc.) or spitting out is prohibited.
4.13.    Lighting fires and grilling are only permitted with the prior express written permission of the operator.
4.14.    The playing or other presentations of music, light displays, etc. are only permitted with the prior express written permission of the operator.
4.15.    Emergency exits, entrances, access routes and escape routes must be kept clear of people and objects at all times.
4.16.    The use of drones is generally prohibited on the entire site.

§ 5.    Entrance area - paths

5.1.    In the event that damage occurs or threatens to occur or risks or similar unforeseen events occur that affect the path directly or indirectly, this must be expressly reported to an employee of the operator immediately. This applies regardless of whose sphere the damage or risk occurs and who bears responsibility for it.
5.2.    Cycling, inline skating, scooter riding and the like are prohibited. However, small children are allowed to ride a tricycle on site.
5.3.    The use of vehicles of any kind is only permitted with the prior express and written approval of the operator.

§ 6.    Entrance area - model show gardens

6.1.    The operation of model gardens is carried out by the respective exhibitor and not by the operator.
6.2.    Entering and viewing the model gardens is permitted in accordance with the specifications of the respective operator of the model garden.

§ 7.    Entrance area - playgrounds, riparian forest island

7.1.    Use of the playgrounds and the Auwaldinsel is entirely at your own risk
7.2.    The operator assumes no supervisory obligation of any kind. Visitors must continuously supervise minors and others under their supervision. Point 2.9. applies accordingly.
7.3.     Instructions from the supervisory staff regarding the use of the playground and its facilities must be strictly followed by the visitor.

§ 8.    Edmission area - visitor center and garden hall

8.1.    Use of the visitor center and the garden hall is entirely at your own risk.
8.2.    Requirements and prohibitions such as smoking bans, opening times, or prohibitions on entering certain rooms must be observed.
8.3.    There is no visitor cloakroom. We are not liable for items of clothing or similar items brought along.
8.4.    Escape routes, exits, access routes and the like must be kept clear at all times.
8.5.     Instructions from the supervisory staff or the steward service must be followed by the visitor.
8.6.    The respective operators are solely responsible for the catering, plant sales and the shop. The use of these facilities, especially entering them, is regulated by the respective operators. Such rules and prohibitions or instructions must be adhered to; If they conflict with the house rules, the house rules apply.

§ 9.    Entrance area - treetop walk

9.1.    Use of the treetop walk is entirely at your own risk.
9.2.    The operator reserves the right to restrict and/or prohibit the use of the treetop path due to weather conditions.
9.3.    Children under 12 years of age are prohibited from using the treetop walk and the lift unless they are constantly supervised by a suitable adult. This supervisor is responsible for the child's use of the treetop walk.
9.4.    The treetop walk may be used by a maximum of 240 people at the same time. The operator therefore reserves the right to restrict the use of the treetop walk accordingly. This does not give visitors any claim whatsoever against the operator.

§ 10.    Entrance area – parking spaces and access road

10.1.    The StVO applies in the parking lot and on the access road. Stopping and parking is prohibited on the access road.
10.2.    Parking a motor vehicle in the parking lot does not create a custody contract with the operator.
10.3.    Parking a motor vehicle in the parking lot is at the expense and risk of the respective driver.
10.4.    The use of parking spaces that are marked as disabled parking spaces is only permitted to people who are permanently severely disabled. In order to use a parking space marked as a disabled parking space, an easily recognizable ID card in accordance with Section 29 b of the StVO is required to be attached to the vehicle.
10.5.    Access roads must be kept clear at all times. Emergency vehicles, especially fire engines, police vehicles and ambulances, must be able to use them at any time.
10.6.    In the event of violations of the house rules, the operator reserves the right to tow the vehicle in question at the owner's expense and without warning and to file a lawsuit for trespassing.

§ 11.    Free entry area

11.1.    The operator assumes no liability whatsoever for the condition or usability of the paths or other facilities.
11.2.    Boat rentals in the entry-free area are not carried out by the operator.
11.3.    Renting a boat or purchasing a boat trip does not constitute a contract with the operator.
11.4.    The lighting of fires and grilling are only permitted with the prior express written permission of the operator.
11.5.    The operator reserves the right to turn away visitors or refuse them access if the visitors' behavior is likely to endanger themselves or other visitors. In addition, point 3.2 applies. analogous.
11.6.    Emergency exits, entrances, access routes and escape routes must be kept clear of people and objects at all times.

§ 12.    Liability

12.1.    The operator is liable for
12.1.1.    the existence of the necessary administrative permits for the establishment and operation of DIE GARTEN TULLN, as well
12.1.2.    the usability of the paths and the playground.
12.2.    The operator's liability for personal injury and/or property damage is limited to those cases in which the operator and/or the operator's employees cause the damage through gross negligence or intentionally, for slightly negligent actions no liability is assumed.
12.3.    In no case is the operator liable for:
12.3.1.    weather-related unusability, restricted or difficult usability of the paths;
12.3.2.    the usability of the entire DIE GARTEN TULLN area;
12.3.3.    a specific condition of the model gardens;
12.3.4.    actions by third parties, even if these take place on behalf of the operator or have another close relationship with the operator;
12.3.5.    damage of any kind to motor vehicles that were parked in the parking lot. This applies in particular to the theft of a vehicle, breaking into a vehicle, damage by third parties, etc.;
12.3.6.    damage, whatever kind, suffered by a visitor in the entry-free area;
12.3.7.    damage of whatever nature in connection with the use of waterways, in particular in connection with boat trips;
12.3.8.    force majeure, as well as
12.3.9.    damage caused by the behavior of the operators of the boat rental, catering establishments and the model gardens.
12.4.    If the operator is held liable by third parties for the behavior of a visitor, the visitor must indemnify and hold the operator harmless.

§ 13.    Anything

13.1.    These house rules fully reflect the general terms and conditions for contracts with visitors. Apart from this, there are no other general terms and conditions.
13.2.    Departure from the house rules must be made in writing in individual cases and may only be made expressly. This also applies to any departure from the written form.
13.3.    If a point of these house rules is invalid or unenforceable, this only affects the invalid or unenforceable clause and leaves the rest of the house rules unaffected. The invalid or unenforceable clause will be replaced by a valid and enforceable clause that comes closest to the purpose of the invalid or unenforceable clause. This applies analogously to regulatory gaps.
13.4.    For all legal disputes in connection with DIE GARTEN TULLN, Austrian law applies exclusively, excluding conflict of law rules.
13.5.    The exclusive place of jurisdiction is the court with factual and local jurisdiction for Tulln.