GENERAL TERMS AND CONDITIONS ONLINE SHOP

1. Services are provided exclusively on the basis of the following General Terms and Conditions in the German language, which refer to the sale of vouchers, tickets, courses and bookings for SPA treatments in the web shop. These General Terms and Conditions (GTC) apply to all offers, orders, purchases and to other legal transactions, deliveries, and services. The GTCs in the version applicable at the time of conclusion of the contract with the Customer shall become part of the contract.
2. All prices published by us include value added tax (subject to product and price changes within the scope of the permissible legal provisions).
3. Only persons over the age of 18 are entitled to purchase in our Internet shop.
4. Vouchers and service vouchers from KärntenTherme Betriebs GmbH are valid from the date of issue.
5. Value vouchers and service vouchers are valid and redeemable at KärntenTherme Betriebs GmbH after payment.
6. Vouchers cannot be redeemed in cash. A VAT-compliant invoice with corresponding proof of tax can only be issued at the time of redemption of the voucher and thus the actual provision of services.
7. If the service used by the customer falls below the value of the voucher, the customer shall not receive the difference in cash but in the form of a residual value voucher (new credit for the residual amount).
8. The voucher only becomes valid after payment.
9. Each voucher can only be redeemed once, and this is guaranteed by a barcode or voucher number associated with the voucher.
10. KärntenTherme Betriebs GmbH assumes no liability for delays due to electronic mail delivery.
11. In the on-line shop, the services we offer, and vouchers can be paid for electronically and vouchers can even be printed out. However, this form of purchasing goods and vouchers requires payment by credit card (Mastercard, VISA) or immediate bank transfer.
12. KärntenTherme Betriebs GmbH shall not provide any compensation in the event of loss or theft of vouchers from the time the voucher enters the sphere of the customer. The customer may report the loss or theft of a voucher from KärntenTherme Betriebs GmbH to KärntenTherme Betriebs GmbH in order to arrange for it to be blocked. In the event of theft that occurs in a sphere that cannot be attributed to the consumer (e.g., in the event of a hacker attack), the customer is entitled to have a replacement voucher issued. In all other cases of theft or loss of a voucher, the decision to issue a replacement voucher lies with KärntenTherme Betriebs GmbH.
13. In the event of intent and gross negligence, KärntenTherme Betriebs GmbH and its vicarious agents shall be liable in accordance with the statutory provisions. The same applies in the case of damages caused by negligence and resulting from injury to life, limb, or health. In the case of damage to property and financial losses caused by minor negligence, KärntenTherme Betriebs GmbH and its vicarious agents shall only liable in the event of a breach of an essential contractual obligation, but the amount of liability shall be limited to the damage foreseeable and typical for the contract at the time of conclusion of the contract; essential contractual obligations are those whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner can reasonably rely.
14. Customers who are consumers within the meaning of the current version of the Consumer Protection Act (KSchG) may withdraw from a contract concluded by distance selling (or a contractual declaration made by distance selling) within a period of fourteen days within the meaning of § 11 para. 1 FAGG as amended. The withdrawal period begins on the day of conclusion of the contract. The declaration of withdrawal is not bound to any particular form. The withdrawal period shall be deemed to have been observed if the declaration of withdrawal is sent within the deadline without any reasons being given. However, the right of withdrawal shall not exist in accordance with § 18 para. 1 no. 1 FAGG if the performance of the service has already begun within the withdrawal period on the basis of an express request by the customer and a confirmation by the latter of his knowledge of the loss of the right of withdrawal in the case of complete fulfilment of the contract and the service has then been completely provided. 
15. Admissions:
    1. A right of cancellation for consumers does not exist or may expire early for contracts for the provision of other services related to leisure activities if the contract provides for a specific date or period for the provision. This means that a two-week right of cancellation and return does not exist. Tickets purchased are generally not taken back. The ticket remains valid as a voucher for the amount paid (but cannot be redeemed for further online ticket purchases). Admission is no longer guaranteed with this voucher!
    2. The service booked by the customer will be charged by KärntenTherme Betriebs GmbH at check-in. In the event of short payments in the admission booking, the corresponding additional payment must be made on site.
16. Courses:
    The following conditions of participation are accepted by the customer when booking a course:
    1. Absence from the course shall not result in the course fee being refunded. KärntenTherme is not obliged to make up for lessons missed. However, if there are free places in other courses, the lessons missed can be made up if the customer is absent 50% or more from the course due to illness (medical certificate).
    2. In the event of a course being suddenly cancelled by KärntenTherme (e.g., illness on the part of the course instructor), there is no entitlement to a refund of the course fee either. The units will either be made up at another time or, if necessary, the course instructor may also be substituted.
    3. The obligation to supervise on the part of the course instructors is limited to the scheduled course time only. The course participants must follow the instructions of the course instructors, otherwise the course participant may be excluded from the course in the event of grossly negligent violations of the generally binding rules of conduct. In this case, the course fees will not be refunded.
    4. In the event of cancellation due to illness or if the minimum number of participants is not reached, KärntenTherme has the option of withdrawing from the contract or allowing the course to be held at another time.
    5. KärntenTherme may use film and photo recordings (online and print media).
    6. Once the course participant is accepted, the course instructor shall assume responsibility for the participant; the course instructor shall thereby assume a special position of trust vis-à-vis the course participant. He/she is obliged to take all measures necessary in a specific situation on his/her own responsibility to ensure that the course participant is trained and supervised with the greatest possible safety and care. During the course it may sometimes be necessary to support the participants with their hands to learn correct posture or technique execution.
    7. In swimming courses, children must be personally accompanied by their parents or an accompanying person to the swimming pool and must be collected again punctually at the end of the course. The pick-up point depends on the trainer and course. There are the following meeting points: Turnstiles entrance bathing cash desk, passage bathing cloakroom, sunbathing areas in front of the self-service restaurant as well as the sports pool.
    8. Participation in the course is at your own risk!
17. Bookings:
    Free cancellation of an SPA treatment booked is possible up to 24 hours before the agreed appointment, in written form (to spa@warmbad.at) or via the cancellation function in the personal account in the web shop. Within 24 hours, 100 % of the costs will be charged. This also applies to the payment for services not used but reserved.
18.  In the event of any loopholes, the relevant statutory provisions shall apply.

 

Kärnten Therme Betriebs GmbH
Kadischenallee 25, A-9504 Warmbad-Villach
T: +43 (0)4242 3001-2750
E: kaerntentherme@warmbad.at
www.kaerntentherme.com

Company register number: FN 143404p
Responsible chamber: Carinthian Chamber of Commerce
VAT: ATU45894108
Place of jurisdiction: Klagenfurt am Wörthersee

Status 01.10.2021