General Terms and Conditions (GTC)
Elevia e.U.
Last updated: February 20, 2026

These General Terms and Conditions (“GTC”) apply to all business relationships between:

Elevia e.U.
Keplerstraße 4/3/12
4040 Linz, Austria
hereinafter referred to as “Elevia”

and

commercial partners, including but not limited to shopping centers, event organizers, markets, municipalities, public venues, companies and other business clients (“Commercial Partners”); and

end customers, visitors, parents, legal guardians and accompanying persons in cases where Elevia operates the attractions directly (“Visitors”).

The applicable section of these GTC depends on the specific contractual relationship.

PART A – B2B

Rental and Cooperation with Commercial Partners

1. Contract Formation

A contract between Elevia and a Commercial Partner is concluded exclusively through written order confirmation, written acceptance of an offer, signed agreement, or another written confirmation by Elevia.

Oral agreements, side agreements, changes or additions are only valid if confirmed in writing by Elevia.

Submitting an inquiry via the website, email, phone, social media or any other communication channel does not constitute a binding booking or contract.

Elevia reserves the right to decline inquiries without giving reasons.

2. Scope of Services

Elevia provides premium rideable animatronic dinosaur attractions, kiddy rides, pop-up attractions and related event services.

The exact scope of services, number of attractions, event duration, location, setup and dismantling times, technical requirements, staffing, transport and any additional services are defined in the respective offer, written confirmation or individual agreement.

Unless expressly agreed otherwise in writing, all attractions are intended for indoor use only.

Outdoor use is excluded unless expressly approved by Elevia in writing and only if suitable weather protection, stable ground conditions, power supply and safety measures are provided.

The attractions are CE-marked where legally required. Relevant documentation can be provided upon request where available and applicable.

3. Responsibilities of the Commercial Partner

The Commercial Partner is responsible for providing all necessary conditions for safe delivery, setup, operation and dismantling.

This includes, in particular:

Providing a suitable, level, stable, clean and sufficiently large installation area

Ensuring safe access for delivery, loading, unloading, setup and dismantling

Providing unrestricted access during agreed setup and dismantling times

Ensuring sufficient power supply, unless otherwise agreed

Ensuring that the installation area is free from obstacles, hazards, moisture, unsuitable flooring or other risks

Providing any required permits, approvals or official authorizations

Ensuring compliance with all local, legal, regulatory, fire safety, building and event requirements

Providing appropriate crowd management

and general site safety

Providing barriers, security staff or additional safety measures where required by the location, event concept or authorities, unless otherwise agreed

Ensuring that emergency exits, escape routes and safety zones remain clear

Ensuring event liability insurance and, upon request, providing proof of such insurance

Ensuring the protection of the attractions and equipment outside operating hours, especially against vandalism, unauthorized access, manipulation, theft or damage

The Commercial Partner must inform Elevia in advance of any site-specific restrictions, including but not limited to loading restrictions, access limitations, floor load limits, opening hours, security procedures, elevator dimensions, door widths, fire protection requirements, house rules or technical restrictions.

If the installation area, access, power supply, safety conditions or other circumstances are unsuitable, Elevia may refuse setup, interrupt operation, change the setup or cancel the service, without this giving rise to any claim for damages by the Commercial Partner.

4. Use, Supervision and Safety
The attractions may only be used in accordance with Elevia’s instructions and safety rules.

The Commercial Partner must ensure that Visitors, children, parents, legal guardians, accompanying persons, employees, contractors and third parties comply with all safety rules and staff instructions.

The attractions, controls, cables, batteries, fuses, barriers, decorations, stair platforms, technical components and accessories may not be moved, opened, modified, manipulated, climbed on, pulled, pushed or otherwise interfered with by the Commercial Partner, Visitors or third parties.

Elevia may immediately stop the operation of an attraction if safety instructions are ignored, if Visitors behave improperly, if children are not supervised, if the equipment is at risk, or if Elevia considers continued operation unsafe.

5. Prices, VAT and Payment Terms
All prices are quoted in euros.

Unless otherwise stated, prices are net prices. If Elevia is exempt from VAT under the applicable small business regulation, no VAT will be charged. If VAT becomes applicable, statutory VAT will be added or shown in accordance with applicable law.

The Austrian small business regulation may allow invoices without VAT under certain conditions and turnover thresholds; according to WKO information, small businesses may not show VAT on invoices when using this exemption.

Unless otherwise agreed in writing, the following payment terms apply:

50% deposit upon contract conclusion

50% balance due no later than 30 days before event start

If a booking is made less than 30 days before the event start, the full amount is due immediately upon contract conclusion, unless otherwise agreed.

Elevia reserves the right to withhold services, refuse setup, interrupt operation or cancel the booking if payments are not received on time.

In case of delayed payment, statutory default interest, reminder fees, collection costs and legal costs may apply.

6. Transport, Setup and Dismantling
Transport, setup and dismantling are carried out by Elevia or by persons or companies commissioned by Elevia, unless otherwise agreed.

Transport costs, travel costs, accommodation costs, parking costs, loading costs, waiting times, special access requirements and additional logistics costs may be charged separately.

The Commercial Partner must ensure suitable truck access, loading areas, parking spaces, access routes, ramps, elevators and sufficient time windows for setup and dismantling.

Waiting times, failed delivery attempts, additional handling, special permits, security delays or other additional costs caused by the Commercial Partner, the venue or third parties may be charged separately.

7. Changes to Location, Time or Scope
Changes to the agreed location, event date, setup time, dismantling time, operating time, attraction selection or scope of services require written approval by Elevia.

Elevia is not obliged to accept changes requested by the Commercial Partner.

If changes result in additional costs, these costs must be borne by the Commercial Partner.

8. Cancellation by Commercial Partner
Cancellations must be made in writing or text form, for example by email.

Unless otherwise agreed, the following cancellation fees apply:

Up to 30 days before event start: 30% of the agreed total price

14 to 30 days before event start: 50% of the agreed total price

Less than 14 days before event start: 100% of the agreed total price

Costs already incurred, including but not limited to transport, logistics, staff planning, accommodation, third-party costs, marketing preparation, permits or custom preparations, are payable separately in addition to the cancellation fee.

The date of receipt of the cancellation by Elevia is decisive.

9. Cancellation or Interruption by Elevia
Elevia may cancel, postpone, interrupt or terminate services if:

The Commercial Partner fails to make payments on time

The installation area is unsuitable or unsafe

Required access, power supply, space or safety conditions are not provided

Weather, technical, legal, regulatory, safety or organizational reasons prevent safe operation

Visitors, children, parents, legal guardians, accompanying persons, employees or third parties fail to follow instructions

There is a risk of damage to persons, attractions, equipment or property

Force majeure or circumstances beyond Elevia’s control occur

In such cases, no claims for damages, lost profits or compensation shall arise, unless mandatory law provides otherwise.

10. Damages During the Event
The Commercial Partner is liable for all damages caused by the Commercial Partner, its employees, contractors, Visitors, children, parents, legal guardians, accompanying persons or third parties.

This includes, in particular, damages caused by:

Improper use

Lack of supervision

Vandalism

Third-party interference

Unauthorized touching, climbing, pushing, pulling or manipulation

Insufficient power supply

Power fluctuations

Unsuitable installation surfaces

Moisture, dirt, liquids or unsuitable environmental conditions

Damage to cables, batteries, control units, fuses, decorations, barriers, stair platforms, accessories or technical components

Damage to floors, walls, doors, elevators, loading areas or surrounding property

Any damage must be fully reimbursed by the Commercial Partner unless the damage was caused by Elevia’s fault.

Elevia may charge repair costs, replacement costs, cleaning costs, downtime, transport costs, inspection costs and any related third-party costs.

11. Liability in B2B Relationships

To the fullest extent permitted by law, Elevia shall be liable only for damages caused intentionally or by gross negligence.

Liability for slight negligence is excluded to the fullest extent permitted by law, except in cases of personal injury or where liability cannot be excluded under mandatory law.

Except in cases of personal injury, intent, gross negligence or mandatory liability, Elevia’s total liability is limited to the respective contract value.

Elevia shall not be liable for indirect damages, consequential damages, loss of profit, loss of revenue, loss of expected visitor numbers, business interruption, reputational damage or third-party claims, unless mandatory law provides otherwise.

Elevia shall not be liable for damages caused by improper use, failure to follow instructions, lack of supervision, third-party interference, vandalism, unsafe venue conditions, unsuitable power supply, unsuitable installation surfaces, or the conduct of Visitors, children, parents, legal guardians, accompanying persons, employees, contractors or third parties.

12. Insurance

Elevia maintains business liability insurance.

The Commercial Partner must maintain suitable event liability insurance and, upon request, provide proof of such insurance before the event.

The Commercial Partner is responsible for ensuring that its insurance coverage is sufficient for the event, venue, expected visitor numbers, risks and local requirements.

13. Force Majeure

In cases of force majeure, performance obligations are suspended for the duration of the disruption.

Force majeure includes, but is not limited to:

Government restrictions

Official orders

Power outages

Fire

Flooding

Storms

Extreme weather

Technical issues beyond Elevia’s control

Transport delays

Accidents

Strikes

Pandemics

Security risks

War

Terrorism

Civil unrest

Supply chain disruptions

Venue closures

Other circumstances beyond Elevia’s reasonable control

No claims for damages, compensation or lost profits arise in such cases.

Elevia may offer an alternative date where reasonably possible, but is not obliged to do so unless agreed separately.

14. Photo, Video and Marketing Material

Elevia may create and use photo and video material of the setup, attractions, event space and event atmosphere for documentation, advertising, website, social media, portfolio and marketing purposes.

The Commercial Partner grants Elevia permission to use images and videos of the venue, setup and event environment for such purposes, unless expressly objected to in writing before the event.

Elevia will respect applicable data protection laws and personal rights.

The Commercial Partner is responsible for obtaining any necessary permissions from the venue, visitors, staff, tenants, performers or third parties if required for event-related photography or filming arranged by the Commercial Partner.

PART B – B2C

Direct Operation by Elevia

This section applies when Elevia operates the attractions directly and Visitors pay Elevia.

15. Operator Status

In direct operation, Elevia is the operator of the attractions and the recipient of payments.

Prices, operating times and participation conditions may vary depending on location, event and attraction.

16. Use at Visitor’s Own Risk

Use of the attractions is at the Visitor’s own risk.

Visitors, parents, legal guardians and accompanying adults must follow all displayed safety rules and all instructions given by Elevia staff at all times.

Children may only use the attractions under the supervision of a parent, legal guardian or accompanying adult.

Parents, legal guardians and accompanying adults are responsible for supervising children at all times and for ensuring that children behave safely and follow all instructions.

Parents, legal guardians and accompanying adults are responsible for assessing whether a child is physically and mentally able to use the attraction safely.

Children must remain seated, use the attraction properly and must not touch, damage, climb on, pull, push or manipulate any part of the attraction, controls, cables, barriers, decorations, stair platforms, batteries or technical equipment.

17. Participation Requirements

The maximum rider weight is 60 kg.

Use may be restricted or refused in particular in cases of:

Exceeding the maximum rider weight

Insufficient physical or mental ability to use the attraction safely

Health-related limitations

Pregnancy

Visible intoxication

Aggressive, unsafe or inappropriate behavior

Failure to follow safety instructions

Lack of supervision of children

Risk of damage to the attraction, equipment or third parties

Elevia staff may refuse access or stop the ride at any time for safety, operational or technical reasons.

There is no entitlement to use the attraction if Elevia considers use unsafe or unsuitable.

18. Prices and Payment

Use of the attractions requires payment of the price displayed on site.

Prices may vary depending on location, event, attraction, day, duration or special offer.

Payment may be made in cash, by card or by other payment methods offered on site.

Refunds are only granted if a verified technical malfunction occurs before the ride starts and no replacement ride can be offered.

No refund is granted if a ride is stopped because of unsafe behavior, failure to follow instructions, lack of supervision or violation of these GTC.

19. Liability of Parents and Legal Guardians

Parents, legal guardians and accompanying adults are responsible for the behavior of their children.

Any damage caused by Visitors, children, parents, legal guardians, accompanying persons or third parties to the attractions, accessories, barriers, cables, batteries, control units, decorative elements, stair platforms, floors, walls or surrounding property must be fully reimbursed by the responsible person or, in the case of minors, by their legal guardians.

Elevia may claim repair costs, replacement costs, cleaning costs, inspection costs, downtime and all related costs.

20. Liability Toward Visitors

To the fullest extent permitted by law, Elevia shall be liable only for damages caused intentionally or by gross negligence.

In cases of slight negligence, Elevia shall be liable only where liability cannot be excluded under mandatory law, in particular in cases of personal injury.

Elevia assumes no liability for loss, theft or damage of personal belongings.

Elevia shall not be liable for damages caused by improper use, failure to follow instructions, lack of supervision, third-party interference, unsafe behavior, or the conduct of Visitors, children, parents, legal guardians, accompanying persons or third parties.

Nothing in these GTC excludes or limits liability where such exclusion or limitation is not permitted under mandatory law.

21. Technical Interruptions and Safety Stops

Operation may be interrupted, delayed or stopped at any time for technical, safety, organizational or operational reasons.

No claims for damages, compensation or reimbursement arise from such interruptions, unless mandatory law provides otherwise.

Elevia may temporarily or permanently stop operation if safe operation cannot be ensured.

PART C – General Provisions

22. Website Information and Availability

Information on the website, including images, videos, descriptions, technical data, availability, dimensions, prices and event examples, is provided for general information only.

Errors, changes and updates are reserved.

Images may be symbolic, illustrative or edited for marketing purposes.

Availability of attractions, dates and locations is subject to written confirmation by Elevia.

23. Intellectual Property

All texts, images, videos, logos, designs, concepts, graphics, layouts, trademarks and other content used by Elevia are protected by copyright and other intellectual property rights.

Any use, reproduction, publication, modification, distribution or commercial use without prior written permission by Elevia is prohibited.

24. Data Protection

The Privacy Policy available at www.elevia.at applies in addition to these GTC.

Personal data is processed in accordance with applicable data protection laws.

25. Severability Clause

If any provision of these GTC is or becomes invalid, unlawful or unenforceable, the validity of the remaining provisions shall remain unaffected.

The invalid provision shall be replaced by a valid provision that comes as close as legally possible to the economic purpose of the invalid provision.

26. Governing Law

These GTC and all contractual relationships with Elevia are governed by Austrian law, excluding conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods, where applicable.

For consumers, this choice of law applies only to the extent that it does not deprive the consumer of mandatory consumer protection rights under the law of the country in which the consumer has their habitual residence, where such protection is mandatory.

27. Place of Jurisdiction

For all B2B contracts, the exclusive place of jurisdiction is Linz, Austria.

For consumers, Linz, Austria shall be the place of jurisdiction to the extent permitted by mandatory consumer protection law. Where mandatory law provides otherwise, the statutory places of jurisdiction apply.

28. Final Provisions

Elevia reserves the right to amend these GTC at any time with effect for future contracts.

The version valid at the time of contract conclusion or use of the attraction shall apply.

In case of contradictions between these GTC and an individual written agreement, the individual written agreement shall prevail.