Terms of use
1. General
1.1 Scope of Application
VEEJOY is an offer from Europa-Park GmbH & Co, Mack KG, Europa-Park-Straße 2, 77977 Rust near Freiburg (“Europa-Park”), incl. for audio and video content (“Content”) of Europa-Park.
These Terms of Use apply to the use of all content on VEEJOY and govern the services to be provided by Europa-Park and the powers and responsibilities of VEEJOY's customers (“Customer” or “You”).
1.2 Free Use
Some of the content on VEEJOY is offered to customers free of charge.
Europa-Park reserves the right to limit the amount of content that can be accessed free of charge per device or customer and/or to include advertising.
Use of some of the content requires registration. For registered customers, the offer can be adapted to personal interests and personal use. The product elements are proposals adapted to the respective customer and an adapted layout, as well as the possibility to create profiles.
1.3 Loan
In addition to the free use of VEEJOY, individual content is subject to a charge. This content is clearly marked as a chargeable offer and can be borrowed by the customer for a limited time for a fee.
The details of the chargeable loan are listed in item 3 “Contract”.
1.4 Technical Requirements
Europa-Park can only enable the use of "VEEJOY" if the system used by the customer fulfils certain requirements. The currently valid technical requirements under which you can use the products can be found here.
If the end device or system used by the customer does not meet the requirements listed there, the use of VEEJOY may not be possible or only possible to a limited extent.
A refund of the fee is not possible in these cases. Therefore, please find out yourself before concluding a contract.
2. Registration
2.1 Requirement
The use of some VEEJOY content is only possible after registration and conclusion of a corresponding contract. The details on the conclusion of the contract are regulated in Clause 3.
2.2 Information of the User
The customer is obliged to provide all information truthfully within the scope of the registration. The customer account is linked to the email address provided. The customer is responsible for ensuring that he has access to his email account and is aware of the email address with which he has registered. Future changes with regard to this data are to be communicated to us unsolicited and without delay.
Europa-Park is entitled to reject individual registrations without giving reasons.
2.3 Communication
Personalised contract processing, such as the sending of invoices or notices of changes to the contract, is carried out via the email address provided by the customer. Customers are responsible for checking their email account regularly for emails. Mailings within the scope of contractual communication will only be sent to email addresses that have been confirmed by the customer as part of the registration process for the MackOne account.
2.4 Age Restriction
Registration is possible from the age of 18.
2.5 Content relevant to the protection of minors
Content that is harmful to minors is not freely available for viewers aged 18 and over, but is subject to a playback restriction. The customer is requested to create a PIN for this purpose. The customer is responsible for proper use if he/she makes his/her access available to under 18-year-olds.
2.6 Country Restriction
The content offered on VEEJOY is subject to licensing restrictions. Not all content is available from every country.
3. Contract
3.1 Conclusion of Contract
By completing the registration of the MackOne account (including the email validation process) and clicking the “kostenpflichtig bestellen/order with costs” button, the customer makes Europa-Park an offer to conclude a corresponding contract for the temporary purchase of VEEJOY individual content. Europa-Park can accept this offer by sending an email to the email address provided by the customer during registration. In this case, Europa-Park will send the customer a confirmation of the concluded contract including the relevant information. A corresponding invoice will also be sent to the email address.
Not included in the fee are costs incurred by the customer in connection with the use of "VEEJOY" due to services provided by third parties, i.e. in particular costs for the use of end devices and internet connections. These costs are to be borne by the customer.
3.2 Duration of the Loan
Unless otherwise agreed, the contract for a single loan has a validity time of 48 hours. The borrowed content is linked to the account and can be viewed on all registered devices during the loan.
3.3 Termination
Ordinary termination of the loan is not possible.
The right to extraordinary termination for an important reason remains unaffected. An important reason shall be deemed to exist in particular if a due payment has not been made by the customer.
You can cancel your MackOne account at any time by selecting the “Löschen/Delete” option within the account. However, this means that you may no longer be able to access content that you have already borrowed for a fee.
3.4 Residence Restriction
For licensing reasons, free and paid content cannot be booked from every country. The content of the offer may vary or be limited depending on the country of residence.
3.5 Cancellation Policy and Right of Withdrawal
General information on the right of withdrawal
(1) If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or self-employed professional activity), you have a right of withdrawal in accordance with the statutory provisions.
(2) The right of withdrawal shall expire, in the case of a contract for the provision of services, if we have provided the service in full and have only started to provide the service after you have given your express consent to this and you have at the same time confirmed your knowledge that you lose your right of withdrawal when the contract has been fulfilled by us in full (Section 356 (4) clause 1 BGB).
(3) In all other respects, the provisions set out in detail in the following cancellation policy shall apply to the right of cancellation
Right of withdrawal
You have the right to cancel the contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you and/or a third party named by you, who is not the carrier, have/has taken possession of the goods.
To exercise your right of withdrawal, you must contact us [Europa-Park GmbH & Co Mack KG, Europa-Park-Straße 2, 77977 Rust, Tel: +49 7822 776 697 and email: gaesteservice@europapark.de] by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to revoke this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory.
To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period.
Consequences of Revocation
If you withdraw from the contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
If you have requested that the service should begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
Waiver of cancellation right
You agreed to the following waiver of your cancellation right when you ordered your digital content:
"I agree and expressly request that the downloading process be started before the end of the cancellation period. I am aware that I will forfeit my cancellation right once the downloading process has been completed."
Template cancellation form
If you wish to withdraw from the contract, you may use this sample withdrawal form and send it back to us.
If you have agreed to immediate execution as part of the loan (which is regularly the case), your right of withdrawal has already expired.
3.6 Due Date and Settlement
The fee for a payable loan is due in advance.
4. Rights and Obligations of the Client
4.1 Rights of Use and Restrictions on Use
The customer is entitled to use "VEEJOY" exclusively in the private sphere and may only use the content offered there for personal and non-commercial purposes. A public performance – of any kind – is not permitted.
The files are protected by copyright and may not be reproduced, edited or passed on to third parties without the consent of Europa-Park.
If the files are provided with a digital rights management ("DRM"), which limits the number of simultaneous streams and may provide for further usage restrictions (e.g. territorial, temporal), the customer is obliged not to change, remove or circumvent the DRM.
The customer is not entitled to transfer the contractual relationship to other natural persons and/or legal entities or not to allow or enable them to use his access.
The customer is responsible for maintaining the confidentiality of his access data, including the password.
4.2 Prohibition of Distribution
The customer is obliged not to copy the (video and audio) files contained in "VEEJOY", to pass them on to third parties and in particular to place them in file sharing networks or to offer them publicly or make them publicly accessible in any other way, in particular not via websites, blogs, video portals or the like, except for the functions provided for this purpose within the framework of "VEEJOY", if applicable.
The contents are legally protected by copyright, trademark and possibly other industrial property rights. The customer is therefore only entitled to use them himself for private purposes within the scope of the intended use. The customer is expressly prohibited from passing on or forwarding content or the access data of the MackOne account to third parties.
4.3 Protection of minors
The customer is obliged to show or otherwise make available to children or young people only such content from "VEEJOY" which is approved for the respective age group.
Content that is not suitable for children and/or young people of different ages is marked with technical age labels.
In individual cases, it may be necessary to provide certain data for the use of streaming content (e.g. age). The streaming content can then only be used by the customer after the data has been entered in accordance with the instructions provided.
4.4 Blocking the User
Europa-Park reserves the right to block customers from using "VEEJOY" with immediate effect in the event of violations of the regulations listed in sections 4.1 and 4.2. The same applies in the event of a delay in payment or an unsuccessful payment.
In this case, any fees already paid will be forfeited and will not be refunded. After payment of the fee, the blocking can be lifted again.
5. Availability and Liability
5.1 Availability
Europa-Park does not guarantee or warrant that VEEJOY will meet the requirements of customers, be uninterrupted, secure or error-free. Europa-Park reserves the right to remove and/or black out individual video files from "VEEJOY" at any time – in particular for legal reasons – and/or to replace them with other content.
The statutory provisions apply with regard to borrowed content.
5.2 Liability
Europa-Park shall be liable for damages in the event of culpable injury to life, body or health as well as in cases of intentional or grossly negligent acts in accordance with the statutory provisions.
Europa-Park's liability for damage caused by slight negligence is limited to essential contractual obligations, i.e. those obligations whose fulfilment is essential for the proper execution of the contract, whose non-fulfilment would jeopardise the purpose of the contract and on whose compliance the user regularly relies.
6. Amendment of the General Terms of Use
Changes to these General Terms of Use will be communicated to the customer in an appropriate manner, e.g. by email or on the VEEJOY portal.
Insofar as the amendment to the General Terms and Conditions of Use requires consent and the customer does not consent, Europa-Park is entitled to an extraordinary right of termination
7. Supplementary Applicability of General Terms of Use
The respective General Terms and Conditions of Use of the payment service provider selected by the customer shall apply in addition to the provisions made herein.
8. Other Provisions
German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
The possible invalidity of individual provisions of these General Terms of Use shall not affect the validity of the remaining provisions.
Last updated: May 2023