General terms and conditions of business:

§ 1 Scope of application
§ 2 Conclusion of contract
§ 3 Fees and billing
§ 4 Appointment requests and reservations
§ 5 Gift voucher
§ 6 Validity of the voucher and cancellation
§ 7 Guest obligations in connection with the attendance of treatment appointments
§ 8 Claims for defects
§ 9 Reference to house rules
§ 10 Liability
§ 11 Exclusion period
§ 12 Limitation period
§ 13 Prohibition of offsetting and retention
§ 14 Storage of the contract text
§ 15 Other provisions

1 – Scope:

These general terms and conditions (GTC) apply to contracts between the Wohlfühl-Therme Bad Griesbach, hereinafter referred to as Wohlfühl-Therme, and the guest regarding the use of thermal spa services, physical therapy, Hamam services, Sauna Pur, our cosmetics department “vital & beautiful” and the overnight arrangements of the “Wellness Offers”.

Reservations, the purchase and processing of issued vouchers and gift certificates, as well as the services provided by the Wohlfühl-Therme spa, are subject exclusively to these General Terms and Conditions. The special terms and conditions specified in the service catalogs on this website also apply.

2 – Conclusion of contract:

The contract is concluded upon acceptance of the guest's order by Wohlfühl-Therme. Acceptance occurs upon confirmation of the order via telephone, fax,
email, or upon receipt of the confirmation letter, but no later than upon provision of the service.

3 – Fees and billing:

The guest must pay the fees and charges shown in the current price list for the services.

If Wohlfühl-Therme issues an invoice to the guest, the invoice amount is due immediately upon receipt by the guest, without any deductions. Payments can be made by bank transfer to the specified account, by direct debit, by credit card, or by PayPal (when paying using a payment method offered by PayPal, payment processing is carried out by the payment service provider PayPal (Europe) S.á.rlet Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: PayPal), subject to the PayPal Terms of Use). The service owed by Wohlfühl-Therme is only due upon payment of the fee.

If the direct debit procedure is chosen, the guest undertakes to ensure that there are sufficient funds in their account at the time of the direct debit. The guest is responsible for all costs incurred due to a non-payment or returned direct debit, unless the loss would have been incurred even if due care had been exercised.

If the guest defaults, the statutory provisions apply.

4 – Appointment requests and reservations:

The guest is responsible for the accuracy and completeness of each appointment request. Appointment requests that contain the required information will be confirmed via email, telephone, or fax.

A binding reservation for the confirmed appointment request will be made upon receipt of payment. Payment must be made no later than one week before the appointment.

A binding reservation for the appointment request will only be made if payment is made by voucher and the voucher is submitted one week before the service is required.

Appointments that have been reserved but not used by the guest will be charged in full if the reservation is not canceled at least 2 hours before the appointment.

5 – Gift voucher:

Guests have the option of purchasing a voucher or gift certificate for the services offered under the "Price Overview" section. Requests for this will be confirmed by phone, fax, or email.

Once the payment requested with the confirmation has been made, the guest is entitled to receive the voucher.

6 – Voucher validity and cancellation:

Each voucher issued by Wohlfühl-Therme remains valid for one year. If vouchers are redeemed after one year, Wohlfühl-Therme reserves the right to charge additional fees up to the amount of the current price list at the time of redemption.

In the event of loss or cancellation of a voucher, a processing fee of up to €10 will be charged. However, the guest remains free to prove to the Wohlfühl-Therme that they have suffered no loss or that the loss is significantly less than the processing fee charged.

7 – Guest’s obligations in connection with attending treatment appointments:

If a guest is late for a treatment appointment, they are only entitled to the treatment for the remaining time. If the treatment time remaining due to the delay is insufficient to achieve the treatment purpose, the appointment will be canceled without replacement. The guest is not entitled to a refund of the treatment fee or a later alternative appointment.

Unused treatment appointments can only be rescheduled if they are cancelled in good time, i.e. at least 2 hours before the start of the treatment.

8 – Claims for defects:

If a service provided by the Wohlfühl-Therme is defective, the guest must request remedial action. If the Wohlfühl-Therme fails to remedy the situation within a reasonable period of time, the guest may remedy the situation themselves and request reimbursement of the necessary expenses.

If there is a defect, the guest is generally entitled to a reduction in the service fee.

The reduction shall not apply if the guest has culpably failed to report the defect.

9 – Reference to house rules:

The house and bathing rules of the Wohlfühl-Therme are part of the contract.

The Wohlfühl-Therme is permitted to establish additional or deviating regulations for the use of the hotel's facilities and for maintaining peace and order in the hotel, provided that this does not significantly restrict the guest's rights.

10 – Liability:

The contractual liability of the Wohlfühl-Therme for damages that are not physical injuries is limited to three times the booking price,
– provided that the damage to the guest was neither caused intentionally nor through gross negligence, or
– provided that the Wohlfühl-Therme is solely responsible for damage caused to the guest due to the fault of a service provider.

For all claims for damages against Wohlfühl-Therme arising from tortious acts that are not based on intent or gross negligence, Wohlfühl-Therme is liable for property damage up to €4,100.00. If the damage exceeds three times the booking price, liability for property damage is limited to three times the booking price. These maximum liability amounts apply per guest and booking.

The spa resort assumes no liability for the loss or theft of items not taken into its safekeeping. The spa resort
assumes no liability for the loss or theft of items, including those left by guests in the spa's lockers (changing rooms).

11 – Limitation period:

Any claims by the guest for remedy, reduction of price, or compensation for damages due to a defect must be submitted to Wohlfühl-Therme within one month of the contractually agreed termination of the booking or booking arrangement. After this deadline, the guest may only assert claims if they were prevented from complying with the deadline through no fault of their own.

12 – Limitation period:

The guest’s contractual claims for damages and his claims for reimbursement of wasted expenses shall expire after two years.

For other claims for damages, in particular for intentional or grossly negligent breaches of duty, the statutory limitation periods apply.

13 – Prohibition of offsetting and retention:

The offsetting or retention by the guest against claims of Wohlfühl-Therme arising from these contracts or related non-contractual claims is only permissible if the due counterclaim has been legally established or is undisputed.

14 –Storage of the contract text:

The contract text will not be saved after you submit your order.
However, Wohlfühl-Therme stores your order data and the General Terms and Conditions separately. You can access the order data on your screen after you submit your order. You can print and/or save the order data at this time. The General Terms and Conditions are available for printing or saving at any time on our website.

15 – Other provisions:

German law applies to all legal relationships between the contracting parties.

The exclusive place of jurisdiction for legal disputes with merchants, legal entities under public law or special funds under public law arising from contracts subject to these General Terms and Conditions is Passau.

Should any current or future provisions of these Terms and Conditions be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. In this case, the invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely approximates the objectives pursued by the invalid or unenforceable provision. The same applies to the filling of any contractual gaps.

Conditions of participation competition

Table of Contents

Wellness Thermal Baths Bad Griesbach
Thermalbadstr. 4
94086 Bad Griesbach
Germany

Imprint: https://wohlfuehltherme.de/impressum
Email address:  info@wohlfuehltherme.de

Details regarding the participation requirements, actions to be taken, the duration of the competition, individual sections of the competition and any prizes can be found in the descriptions provided to participants as part of the competition.

The term "content" used below refers to all content and information uploaded, entered, or otherwise shared by participants as part of the competition, such as photos, graphics, videos, texts, comments, or information about places and people. Personal terms used, such as "participant," are gender-neutral.

Participation is only possible from the age of 14.

Participation requires that you have your residence, registered office or permanent residence in the region(s) listed below:

Germany, Austria and Switzerland

Offline competitions: The start and end times of the competition are indicated on the competition cards/posters.

Online competitions: The start and end times of the competition are stated in the respective post/entry.

Below we will inform participants about the prizes we are offering and the terms and conditions for winning them:

Determination of winners: The winners will be randomly selected. The prizes can be found in the competition description.

The winners will be notified promptly via the specified contact method (e.g., email or the messaging system of a social network, if specified or if the competition takes place within the network).

Participants may be asked to respond and collect or otherwise claim their prizes within a reasonable period of time. If they are unable to attend, please notify us so that we can arrange an alternative date, if possible and reasonable.

Participants are responsible for ensuring the accuracy of the contact details provided. If winners cannot be notified due to incomplete or incorrect contact details, they will forfeit their right to win.

Unless otherwise stated or agreed, prizes cannot be paid out in cash or in kind, exchanged or transferred to other persons.

Number of weeks within which winners must respond to the prize notification: Two weeks

Number of weeks within which winners must collect or otherwise claim their prize: Two weeks

We are not responsible for the conduct or content published by participants in the competition, and we do not adopt such content as our own. Furthermore, we are not obligated to review such content, but we reserve the right to withdraw its publication if there is concrete evidence that the content violates legal requirements, official prohibitions, the rights of third parties, or is contrary to common decency.

Exclusion in case of misuse:

We reserve the right to exclude participants from participation in the competition at any time and without prior notice, taking into account the reasonableness criteria, if they use multiple email addresses, social media accounts or similar to increase their chances of winning without this being expressly permitted, manipulate the competition or the game process technically, or otherwise violate these terms and conditions or the law.

Responsibility for content:  Participants must ensure that they have the necessary rights to use the content to participate in this competition and that their use within the framework of these terms and conditions does not violate legal regulations, common decency and/or the rights of third parties.

In particular, if photos or videos show other people besides the participants, their submission is only permitted if the consent of the third party(ies) has been obtained and the personal and data protection rights of third parties are not violated.

The names of participants may be publicly disclosed by us or third parties in online media (e.g., on websites and social media) or in print media in connection with the competition or the presentation of the participants' entries and winners. Participants may object to this at any time.

If the competition takes place within an online platform or social network (e.g. Facebook or Instagram, hereinafter referred to as “online platform”), the following provisions also apply.

Participants cannot assert any claims against the online platform related to participation in the competition or its use. Participants acknowledge that the competition is in no way sponsored, supported, or organized by the online platform, nor is it affiliated with the online platform. All information and data provided or collected by participants as part of the competition will be provided solely to us and not to the online platform. We ask that all inquiries and information regarding the competition be directed to us and not to the online platform.

If we receive participant data from the online platform based on their permission or other legal authorization, the use, storage and other processing of this data will only take place for the purposes stated in the competition (e.g., if we can pre-enter the user's email address into a competition form).

If participants are asked to enter login credentials, these data will be processed by the provider of the online platform. In particular, we do not have access to participants' passwords.

In addition to these Terms and Conditions of Participation, the relationship between us, the participant, and the online platform is governed by the terms and conditions of the respective online platform. Further information on the consent process, information about granted consent, and options for revoking it can be found in the online platform's privacy policy.

We would like to point out that the competition and the prizes are voluntary services on our part, for which the same scope of warranty and liability does not apply as, for example, if the prizes were purchased independently of the competition.

Limitations of the guarantee for winnings:

Subject to our own negligence in accordance with the provisions of the liability notices in these Terms and Conditions of Participation, we are not liable for items and services won that are not offered by us. Otherwise, the warranty and guarantee conditions of the respective providers of the items and services apply, provided that these do not restrict the participants and can be transferred by us to the participants.

 Termination or restriction of the competition:

We would like to point out that the availability and functionality of the competition can only be guaranteed to the extent that this is reasonable for us and the participants. We reserve the right to terminate the competition at any time, particularly due to external circumstances and constraints. External circumstances and constraints include, in particular, technical problems, legal changes, or compelling measures by third parties that are beyond our control.

 Disclaimer:

The following exclusions and limitations of liability apply to our liability for damages, without prejudice to other statutory requirements.

To the extent that our liability is excluded or limited, this also applies to the personal liability of our employees, representatives, and vicarious agents. We are liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the contract's purpose, or for the breach of obligations whose fulfillment makes the proper conduct of the competition possible in the first place and on whose compliance the contractual partners regularly rely (so-called cardinal obligations). In this case, however, we are only liable for foreseeable, contract-typical damages. We are not liable for the slightly negligent breach of the obligations mentioned in the preceding sentences by others. We are liable without limitation if the cause of the damage is based on intent or gross negligence. In the event of grossly negligent breach of duty by our vicarious agents, the aforementioned limitations apply to the slightly negligent breach of essential obligations.

The above limitations of liability do not apply in cases of injury to life, limb, or health, for defects after the assumption of quality guarantees for the quality of a product, or for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected. 

Legal recourse:  Legal recourse is excluded with regard to the drawing of the winners and the possible assessment of the submitted competition entries.

We only process personal data of participants in prize draws and competitions in compliance with the relevant data protection regulations, insofar as the processing is necessary for the provision, implementation and processing of the prize draw (Art. 6 Para. 1 S. 1 lit. b. GDPR), the participants have consented to the processing (Art. 6 Para. 1 S. 1 lit. a GDPR) or the processing serves our legitimate interests (e.g. in the security of the prize draw or in protecting our interests against misuse through possible collection of IP addresses when submitting prize draw entries).

 Participants' data will only be transmitted to other parties if this is necessary for the conduct of the competition (e.g. for the purpose of sending prizes) or if a participant has consented to the transmission.

 As part of the competition, we will inform participants which of their details are required for participation.

 Participants' data will be deleted as soon as the prize draw or competition has ended and the data is no longer required to inform the winners or because queries about the prize draw are expected. Participants' data will generally be deleted no later than six months after the end of the prize draw. Winners' data may be retained for longer, for example to answer queries about the prizes or to fulfill the prize draw services; in this case, the retention period depends on the type of prize and is up to three years for items or services, for example in order to process warranty claims. Participants' data may also be stored for longer, for example in the form of reports on the prize draw in online and offline media.

 If data was collected for other purposes as part of the competition, its processing and retention period are governed by the data protection information for this use (e.g. in the case of registration for the newsletter as part of a competition).

If we otherwise process your data or provide additional information on the processing of your data, we will provide a link to our data protection information and refer to it.

 As data subjects, participants are entitled to various rights under the GDPR, which arise in particular from Articles 15 to 18 and 21 GDPR:

 Right of objection: You have the right to object at any time to the processing of personal data concerning you based on Art. 6 (1) (e) or (f) GDPR, for reasons related to your particular situation; this also applies to profiling based on these provisions. If the personal data concerning you are processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for the purposes of such advertising; this also applies to profiling insofar as it is related to such direct marketing.

 Right to withdraw consent: You have the right to withdraw consent at any time.

Right to information: You have the right to request confirmation as to whether data concerning you is being processed and to request information about this data as well as further information and a copy of the data in accordance with the legal requirements.

 Right to rectification: You have the right, in accordance with the statutory provisions, to request that the data concerning you be completed or that inaccurate data concerning you be corrected.

 Right to erasure and restriction of processing: You have the right, in accordance with the statutory provisions, to demand that data concerning you be erased immediately or, alternatively, to demand that the processing of the data be restricted in accordance with the statutory provisions.

 Right to data portability:  You have the right to receive the data concerning you that you have provided to us in a structured, common and machine-readable format in accordance with the legal requirements or to request that it be transmitted to another controller.

 Complaint to the supervisory authority:  You also have the right, in accordance with the statutory provisions, to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement, if you believe that the processing of personal data concerning you infringes the GDPR.

contact

Wellness Thermal Baths Bad Griesbach                               
Thermalbadstr. 4
94086 Bad Griesbach
Tel.: +49 8532 9615-0
Email: info@wohlfuehltherme.de

Data Protection Officer
Christian Bößl
CD ADDATA GmbH, Ruhstorf an der Rott