issued by HIGH TATRAS TOWER s.r.o. with its registered office at Sobotské námestie1733/12, Poprad – Spišská Sobota 058 01, registered in the Commercial Register of the Prešov District Court, Section: Sro, Insert No.: 34110/P, Company ID: 50 706 730 (hereinafter referred to as the “HIGH TATRAS TOWER”)
he content and purpose of these General Terms and Conditions issued by HIGH TATRAS TOWER (hereinafter referred to as the “GTC“ or the „General Terms and Conditions“) is a special regulation of the terms and procedure of online sales of tickets to access the TATRAS TOWER for the benefit of customers. These GTC regulate the conditions of use and redemption of tickets purchased online, as well as the rules of use of the www.tatrastower.com website for this purpose, customer registration, complaint procedure and other relevant information for customers.
TATRAS TOWER Area – means the area in the immediate vicinity of the TATRAS TOWER, operated by HIGH TATRAS TOWER, including the TATRAS TOWER itself.
Price List – a document that contains a division of individual categories of inputs offered by the Seller and the corresponding Admission Fee, which is published by the Seller on the Website.
GDPR regulation – represents Regulation of the European Parliament and of the Council No. (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC (General Data Protection Regulation).
Civil Code – means Act No. 40/1964 Coll. Civil Code, as amended.
TATRAS TOWER – educational and sightseeing tower TATRAS TOWER located in the area of TATRAS TOWER, operated by HIGH TATRAS TOWER.
Ticket – value that arises from the correct completion of the relevant form available on the Website and payment of the Admission, and which entitles the Customer to enter the TATRAS TOWER, including the use of services provided by the Seller in the TATRAS TOWER Area. For the purposes of these GTC, the Ticket is issued in digital form and subsequently sent electronically to the Customer’s e-mail.
Admission – represents the price for the Ticket in the form of a one-time fee specified in the Price List.
Vendor or Seller – for the purposes of these GTC means HIGH TATRAS TOWER.
QR Code – is a two-dimensional code used by the Seller for the purpose of identifying and matching a particular Customer and their Ticket.
Website – a website established by the Seller, available at www.tatrastower.com.
Customer – a natural or legal person who, in accordance with these GTC, purchases a TATRAS TOWER Ticket from the Seller for themselves or for other persons, while these other persons are also considered the Customer for the purposes of these GTC.
Customer Zone – represents the Internet interface established and operated by the Seller on the Customer Website for the purpose of purchasing and selling Tickets.
Act on consumer protection – means Act No. 250/2007 Coll. on consumer protection and amending Act of the Slovak National Council No. 372/1990 Coll. on offenses, as amended.
Act on the protection of the consumer in a distance contract – means Act No. 102/2014 Coll. on the protection of the consumer in the sale of goods or provision of services on the basis of a distance contract or a contract concluded outside the Seller’s premises and amending certain laws, as amended.
In addition to the point of sale that will be established by the Seller directly in the TATRAS TOWER Area, the Customer is also entitled to use the Seller’s Website in order to purchase a Ticket to the TATRAS TOWER.
In order to streamline and improve the provision of services by the Seller, a Customer Zone is established, serving primarily for the purchase of the Ticket by the Customer.
Ticket purchased on the basis of these GTC constitutes “valuable” in accordance with these GTC, on the basis of which the Customer is entitled to enter the TATRAS TOWER. In this context, the Seller declares that the Ticket purchased online on the Website is equivalent to the “ticket“ purchased “at the point of sale“ in the TATRAS TOWER Area, or at any other point of sale determined by HIGH TATRAS TOWER.
The Customer becomes the owner of the Ticket after crediting the payment of a one-time Admission within the meaning of the Price List to the Seller’s account in accordance with the payment (Article 4 of these GTC) and delivery terms (Article 5 of these GTC).
ursuant to Section 7 par. 6 (k) of the Act on the protection of the consumer in a distance contract, at the moment of delivery of the Ticket to the Customer’s e-mail box (points 4.7. and5.1. of these GTC), a contract is concluded with the Seller, the subject of which is the provision of services by the Seller related to leisure activities and according to which the Seller undertakes to provide these services within the agreed time or within the agreed period, while the subject matter, including rights and obligations of the contract, are specified by these GTC (hereinafter referred to as the “Contract“).
In connection with point 1.5. of these GTC and in conjunction with the provisions of Section 7 par. 6 (k) of the Act on the protection of the consumer in a distance contract, the Customer is not entitled to withdraw from the Contract and request the return of the Admission Fee.
The term of a particular Contract corresponds to the term of the relevant Ticket, points 2.2. to2.4. of these GTC shall be applied accordingly.
Each Customer is entitled to a one-time entry to the TATRAS TOWER for a maximum duration of one (1) hour from the qualified entry (for the purposes of these GTC and in accordance with point 2.7. The GTC is qualified entry means passing the relevant turnstile in the TATRAS TOWER Area). By leaving the TATRAS TOWER tower or the expiry of the allowed time of one (1) hour, the entitlement to enter expires, while repeated entry to the TATRAS TOWER is not possible without purchasing another Ticket. If the Customer’s stay on the TATRAS TOWER lasts more than one (1) hour from his/her qualified entry to the TATRAS TOWER, the Customer is obliged to pay the Seller an additional price at the exit point for his/her stay on the TATRAS TOWER, in the amount of the Admission paid for the Customer’s Ticket, for each and started hour of his/her additional stay on the TATRAS TOWER.
Each Ticket purchased through the Website is valid for 14 calendar days from the date of its purchase by the Customer, and therefore within this period, the Customer is entitled to use the Ticket and enter the tower of the TATRAS TOWER. The Customer is obliged to respect in particular the weather conditions in the TATRAS TOWER Area and the limited occupancy and capacity of the TATRAS TOWER, and is therefore obliged in particular to wait in line in order to enter the TATRAS TOWER after the capacity or other possibilities have been created for its entry. By using the Ticket or the expiry of the 14-day validity period, the Ticket expires and is no longer usable and non-refundable. In relation to the above, an exception applies in relation to the so-called “First Moment Tickets“, which will be issued to the Seller until June 30, 2021.
The Customer is solely responsible for not using the TATRAS TOWER Ticket within the 14-day validity period (in the case of First Moment tickets until June 30, 2021) and it is not possible to request the Seller to return the Ticket or provide other performance by the Seller for such unused Ticket. At the same time, the Seller is not liable to the Customer for the inability to use the Ticket to the TATRAS TOWER during its validity in the event of the occurrence of the so-called force majeure, i.e. an obstacle that occurred independently of the will of the Seller and prevents it from allowing the Customer to enter the TATRAS TOWER, unless it can reasonably be expected that the Seller would avert or overcome this obstacle or its consequences. This is in particular a case of force majeure, but not only in the case of adverse weather that could endanger the safety of the Customer at the TATRAS TOWER tower or in the case of any regulations, measures, decisions, guidelines, instructions or regulations, or other normative administrative acts and individual administrative acts legally binding adopted or issued in connection with the spread of a certain dangerous contagious disease (e.g. COVID-19), as a result of which it is not possible to operate the TATRAS TOWER for the public.
The validity period of the Ticket (i.e. 14 days) is fixed and cannot be extended.
The Customer is not entitled to offer the Ticket for resale; to use another unauthorized person for whom the Ticket has not been purchased; to exchange the Ticket with another Customer; to create counterfeit Tickets; or to perform other acts that negatively affect the Seller. In the event of defects on the Ticket, the Customer is entitled to claim the Ticket in accordance with the procedure set out in Article 6 of these GTC (Complaints Procedure).
The ticket entitles the Customer to use the services and attractions available on the TATRAS TOWER, which are offered for remuneration or free of charge according to the Seller’s decision. By purchasing the Ticket, the Customer acknowledges that the scope of services and attractions may change, especially depending on the Seller’s operational capabilities and the season, and some services and attractions may be charged on the basis of the Seller’s special price list.
In order to successfully enter the tower of TATRAS TOWER, the Customer is obliged to prove himself/herself with a Ticket, which will be delivered to him/her by the Seller in accordance with Article 5 of these GTC, while on the part of the Customer it is sufficient to prove himself/herself with a Ticket in the form of an appropriate QR code, whether in physical (paper) or digital (electronic) form. After submitting the Ticket, the Seller will then retrieve the data via the VIP line entry intended for online Ticket holders.
At the same time, the Customer acknowledges that, in addition to proving himself/herself with the Ticket, he/she is also obliged to prove himself/herself with a valid identity card before entering the tower of TATRAS TOWER at the request of the Seller (or its authorized persons), in order to verify the fulfillment of the conditions for the purchase of the Ticket with a discounted Admission.
Before entering the tower of the TATRAS TOWER, the Customer is obliged to check the accuracy of the data on the Ticket. Any errors and typos shall be obliged to claim to the Seller without undue delay in accordance with Article 6 of these GTC (Complaints Procedure).
It is expressly forbidden to modify, falsify, copy or otherwise alter the Tickets, and depending on the nature of the breach, the Seller will evaluate the legal consequences and liability of the person under the relevant legislation, including criminal liability.
The Customer acknowledges that various forms of image and sound recording may be made in the TATRAS TOWER Area, e.g. for artistic purposes and for the purpose of promoting the Seller, as well as for press, film or radio and television news.
Any use of the Ticket for other purposes not anticipated by these GTC, i.e. except for non-commercial visit to the TATRAS TOWER Area and the use of services and attractions in the TATRAS TOWER Area in question, is in accordance with these GTC unacceptable and prohibited, unless specifically demonstrably agreed otherwise.
By purchasing and using the Ticket to the tower of the TATRAS TOWER, the Customer agrees to the Visitation Rules, the current and valid version of which is available on the Website and in the TATRAS TOWER Area and with which the Customer undertakes to properly acquaint himself.
By entering the TATRAS TOWER Website, the Customer undertakes to follow the instructions of the Seller or its authorized persons in addition to the above-mentioned Visitations Rules.
In the event of a violation of the Visitation Rules or disobedience of the Seller’s instruction or a person authorized by the Customer, the Seller is entitled to expel the Customer from the TATRAS TOWER Area and the Customer is obliged to leave the TATRAS TOWER Area immediately. After reporting, the Customer is not entitled to claim the return of the Admission or the provision of other performance by the Seller, while the application of the provisions of Article 6 of the GTC (Complaints Procedure) is excluded. The Seller itself or a person authorized by the Seller is entitled to decide on the intensity of the violation of the Visitation Rules.
For the direct purchase of tickets to the tower of the TATRAS TOWER, the Customer Zone established by the Seller is accessible through the Website.
The Customer is not obliged to register on the Website in order to purchase the Ticket.
The amount of the Admission and individual categories of inputs are specified in the Price List, the valid and current version of which will be published on the Website. The amount of the Admission will always be determined in the Price List, including VAT, in accordance with Act No. 222/2004 Coll. on Value Added Tax, as amended.
Entrances to the tower of the TATRAS TOWER are divided into several categories of entrances, which correspond to the distribution of the Entrance fee in the Price List.
The current and valid Price List will always be published on the Website in the Tickets section.
In accordance with the Price List, the following category of Entrances applies, divided for:
child under 15 years of age;
seniors (65 + years);
ZŤP (Severely Disabled)/ZŤPS (Accompanied Severely Disabled) cardholders.
The price of Tickets and individual categories of entries can be paid through the Website in the following ways:
payment card via CardPay system, which will be secured through a virtual POS terminal operated by Slovenská sporiteľňa, a.s.), where VISA and EUROCARD/MASTERCARD payment cards will be accepted. The Customer may use the aforementioned cards issued by any banking institution or
Internet banking through the bank where the Customer has an account and its logo is located on the Website in the relevant section when purchasing the Ticket, and this method of payment will be put into operation additionally, or
bank transfer on the basis of an invoice issued by the Seller.
When purchasing the Ticket, the Customer chooses their number, selects a specific category of entry in relation to the relevant Ticket, duly fills in the required personal data in the relevant form and then, if possible, will be redirected to the page through which the Admission will be paid.
Upon crediting the payment of the Admission to the Seller’s account, the Customer will be automatically delivered an electronic proof of purchase of the Ticket, which will be sent by the Seller to the Customer at the e-mail address provided by him, together with the Ticket.
On the basis of these GTC, the Seller is entitled to change the amount of the Admission Fee, including the total composition of the Price List, as well as these GTC at the same time, while the Price List and the corresponding GTC published on the Website at the time of purchasing the Ticket will always be valid for Customers.
A duly purchased Ticket, including a separate QR code (proper purchase being understood as recording the payment of Admission pursuant to point 4.7. of these GTC), will be delivered to the Customer, if possible, immediately to the e-mail box provided by the Customer in the relevant form when purchasing the Ticket.
Each Ticket delivered by Seller to Customer shall contain the following particulars:
Date and time of issue of the Ticket;
QR code, which will be sufficient and separate element to allow access to the tower of TATRAS TOWER without the need to present the Ticket itself.
In order to successfully deliver the Ticket, the Customer is obliged to pay the Ticket in full in accordance with the current and valid Price List, otherwise the Seller is not obliged to deliver the Ticket to the Customer.
The Customer acknowledges that the failure to deliver the Ticket due to or caused by incomplete, outdated or any incorrect filling of personal data by the Customer (in particular its e-mail address) is not the responsibility of the Seller.
Complaint means the application of a defect in the Ticket, including a defect in the service associated with the purchase of the Ticket.
For the purposes of these GTC and to make the complaint procedure more effective, the Ticket defect is understood in particular, but not only in the following cases:
The ticket could not be delivered to the Customer’s email address;
The ticket does not contain any of the particulars listed in point 5.2 of these GTC;
No payment has been made in accordance with Clause 4 of these GTC;
The Ticket is incorrect or the message does not contain the relevant data;
The ticket contains another entry category;
The ticket contains errors and defects that prevent its application for the purpose assumed by these GTC (i.e. in particular allowing access to the tower of the TATRAS TOWER), etc.
In order to make the complaint procedure more effective, the Customer is obliged to provide a brief reason for the complaint, while it is sufficient to refer to one of the reasons listed in point 6.2 of these GTC or to another reason at the Customer’s discretion.
The Customer is entitled to file a complaint with the Seller without undue delay in a demonstrable manner, in particular in the following ways:
By sending a written complaint to the address of the Seller’s registered office, to which it attaches a printed defective Ticket or a photograph of the defective Ticket, and for the purposes of the complaint procedure it is sufficient to provide the identification number of the defective Ticket;
By sending a complaint e-mail to firstname.lastname@example.org, which is specially designated by the Seller for handling complaints, while letter a) of this point shall be applied accordingly;
directly at the point of sale established in the area of TATRAS TOWER, or at another point of sale determined by HIGH TATRAS TOWER, by presenting a defective ticket.
For the avoidance of any doubt, all the above methods are equivalent.
By delivering a complaint pursuant to point 6.4. of these GTC, the Seller shall initiate a complaint procedure, and the Seller shall settle the complaint immediately, in complex cases no later than three (3) working days from the date of filing a complaint, in justified cases, in particular if a complex technical assessment of the status of the service is required, no later than 30 days from the date of filing a complaint.
As part of the complaint procedure, the Seller shall evaluate the justification or unfounded nature of the complaint and in any event shall issue the Customer with a written confirmation of the manner of handling the complaint.
If the complaint is justified, the Seller shall send a new or corrected Ticket to the Customer’s email address within the deadlines specified in point 6.5. of these GTC.
The result of the complaint procedure may be, at the Seller’s discretion, in addition to confirmation (point 6.6. of these GTC) and a proposal for the method of resolving the complaint and, given the circumstances of the complaint, a simple proposal for removing errors and defects of the Ticket.
If the complaint is unfounded, the confirmation of the manner of handling the complaint shall include a brief justification of the Seller’s reasons for rejecting the complaint.
If the complaint was filed pursuant to point 6.4. letters b) and c) of these GTC, the Seller shall send a confirmation of the complaint settlement to the Customer’s email address.
In order to effectively exercise the rights of the Customer as a consumer in the complaint procedure, the Customer may contact the authorized person of the Seller on the contact phone number +421 903 602006, who will instruct the Customer on the rights of the consumer and the possibilities of resolving the complaint, in particular on the rights under the Act on consumer protection and the provisions of Sections 622 and 623 of the Civil Code.
If the Customer is not satisfied with the manner in which the Seller has dealt with his complaint or believes that the Seller has violated his rights, he has the possibility to contact the Seller for redress by e-mail to email@example.com. If the Seller responds to the request for redress in a negative manner or fails to respond to it within 30 days from the date of sending this request, the Customer has the right to submit a proposal to initiate an alternative resolution of his dispute pursuant to the provisions of Section 11 et seq. of Act No. 391/2015 Coll. on the alternative resolution of consumer disputes and amending certain laws, as amended. The competent entity for alternative resolution of consumer disputes with the Seller is the following supervisory authority: Slovenská obchodná inšpekcia (Slovak Trade Inspection), with its registered office at: Prievozská 32, 827 99 Bratislava, Company ID: 17 331 927, which can be contacted for the above-mentioned purpose at the address of the Slovak Trade Inspectorate, Central Inspectorate, Department of International Relations and Alternative Dispute Resolution, Prievozská 32, 827 99 Bratislava 27, Internet address: www.soi.sk, or any other appropriate legal entity entered in the list of entities of alternative dispute resolution for consumer disputes kept by the Ministry of Economy of the Slovak Republic, which is available at https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riešenisenie-spspotrebitelskych-sporov-1/zoznam-subject-alternativneho-riesenia-spspotrebitelskych-sporov-1. The customer has the right to choose which of the above alternative dispute resolution (ADR) entities to turn to. The customer may use the online dispute resolution platform available at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN to submit a proposal for alternative dispute resolution.
Points 6.1 to 6.12 of the GTC apply in relation to the Customer who is a consumer, while in relation to the Customer who is a legal person / entrepreneur they apply mutatis mutandis according to the nature of the provision.
The Customer declares that prior to purchasing the Ticket he/she became acquainted with these General Terms and Conditions and that he/she fully agrees with them. If the contract is concluded via the website www.tatrastower.com, the contract is concluded by expressing the consent of the Customer, as an applicant for the purchase of a ticket, by confirming the designated field marked “I agree to purchase a ticket under the above conditions with the payment obligation“, to which he agrees all previously entered and displayed data. The Contract is concluded in the Slovak language.
The legal relationship between the Seller and the Customer is governed by the legal order of the Slovak Republic, while the provisions of these GTC are preferably applied to the Contract, then the relevant provisions of the Civil Code and the provisions of the Act on the protection of the consumer and the Act on the protection of the consumer in a distance contract.
The Seller declares that these General Terms and Conditions have been conceived and accepted in good faith in order to meet legal conditions and adjust fair relations between the Seller and the Customer, including consumer rights. In the event that certain provisions of these GTC are proven to be invalid or unenforceable, in whole or in part, by the competent authority of the Slovak Republic (Slovak Trade Inspection), the validity and enforceability of the other provisions and the remaining parts of the relevant provision shall remain unaffected, and the Seller shall remedy in a short time. Remedy shall also mean the modification and amendment of the affected provisions of these GTC.
In view of the above, it also applies that if any provision of these GTC becomes invalid or ineffective, a provision whose meaning is as close as possible to the invalid or ineffective provision will be added instead of the invalid or ineffective provision. The invalidity or ineffectiveness of one provision of the GTC shall not affect the validity and effectiveness of the other provisions of the GTC.
In the event of discrepancies, the Seller and the Customer undertake to resolve mutual discrepancies and claims in an out-of-court manner, in particular through mutual negotiations conducted in good faith and correct communication, including the procedure set out in Article 6 of these GTC (Complaints Procedure). In the event that the Seller and the Customer fail to resolve any discrepancies under the preceding sentence, either Contracting Party shall be entitled to resolve the discrepancy by court, and in the event of a court dispute, the jurisdiction of the Slovak court shall apply in accordance with the rules set out in the relevant legislation of the Slovak Republic, i.e. Act No. 160/2015 Coll. Civil Procedure Code, as amended.
The Seller declares that it is not liable to the Customer for lost profits, loss of opportunities or any other indirect or consequential losses due to negligence, breach of these GTC or for other damages incurred as a result of a breach of obligation on the part of the Customer.
The terms and conditions of processing and protection of personal data of Customers as data subjects pursuant to the GDPR Regulation are transparently published on the Website in the “GDPR“ section.
These General Terms and Conditions entered into force and effect on December 14, 2020.