GENERAL TERMS AND CONDITIONS (AGB)
of the Bad Gasteiner Gesundheits- und Felsenthermebetriebsgesellschaft m.b.H.
(hereinafter referred to as Felsentherme Bad Gastein)

§ 1 Scope of application
These General Terms and Conditions (AGB) apply to all offers, orders, purchases and other legal transactions, deliveries and services. Felsentherme Bad Gastein objects to all deviating provisions in an order confirmation or in other business documents of the business partner. Felsentherme Bad Gastein does not recognise any deviating terms and conditions or contractual terms and conditions or shall only apply in the event of written confirmation by Felsentherme Bad Gastein. In the event of acknowledgement, this shall be limited to the respective transaction. Furthermore, these General Terms and Conditions shall apply to all further legal transactions with the business partner. Further fundamental provisions: E-Commerce Act, Austrian Consumer Protection Act (KschG) as well as other applicable law, bathing regulations of Felsentherme Bad Gastein.

§ 2 Offer, Purchase Order, Confirmation of Order
(1) With regard to quantity and quality, the business partner must adhere exactly to the enquiry of Felsentherme Bad Gastein in its offer and, in the event of deviations, expressly point this out in writing in advance. If this condition is omitted, the business partner shall not be entitled to a higher fee in the event of deviations.
(2) Only written orders or orders sent by e-mail shall be valid. Agreements made verbally or by telephone require written confirmation.
(3) Felsentherme Bad Gastein undertakes to accept the customer's voucher/goods order on the terms and conditions of the website. In the case of typing, printing and calculation errors on the website, Felsentherme Bad Gastein is entitled to withdraw from the contract. A purchase contract for the voucher is concluded when Felsentherme Bad Gastein confirms the customer's order by telephone or email.

§ 3 Prices, packaging, handling
The agreed prices are fixed prices that cannot be increased for any reason whatsoever. The business partner shall be liable for proper packaging and for all disadvantages, in particular damage, incurred by Felsentherme Bad Gastein due to inadequate packaging. The business partner shall provide any storage and/or operating instructions with the delivery without being requested to do so. If the business partner fails to fulfil this condition, the business partner shall be fully liable, regardless of fault, for any damage resulting from the lack of knowledge.

§ 4 Time of performance, performance deadlines, delivery
(1) The service must be provided at the time, place and to the extent or in the quantity agreed in the contract or order. The performance period shall commence on the order date.

(2) The delivery of goods and vouchers from Felsentherme Bad Gastein shall be made digitally and via Austrian Post in accordance with the applicable terms and conditions. Delivery shall be made to the delivery address specified by the customer. Delivery is subject to availability. If ordered goods are not available at this time, the customer has the choice of cancelling the order or making a reservation for a possible subsequent delivery. If the supplier of Felsentherme Bad Gastein does not deliver to Felsentherme Bad Gastein despite contractual obligations, Felsentherme Bad Gastein is entitled to cancel the order. In any case, the customer shall be informed immediately of the unavailability of the goods.

§ 5  European Online Dispute Resolution
Internet platform for online dispute resolution of the EU, the ODR platform: http://ec.europa.eu/consumers/odr

§ 6 Invoice, payment

The customer can pay for the items by credit card, online payment method, cash on delivery or prepayment. Felsentherme Bad Gastein reserves the right to exclude certain payment methods in individual cases. Payment by sending cash or cheques is not possible.

In the case of payment by online payment method (e.g. PayPal) or credit card, the customer expressly authorises Felsentherme Bad Gastein to collect the amounts due at the time of the order.

In the case of payment in advance, the customer must transfer the full invoice amount to the account of Felsentherme Bad Gastein within five calendar days of receipt of the order, stating the intended purpose. Felsentherme Bad Gastein shall reserve the object of purchase for a period of five calendar days.

On dispatch of the goods, the invoice shall be sent by email, or by post if no email address has been provided, to the billing address specified by the customer.

If the customer is in default with a payment or if a return debit note is issued, Felsentherme Bad Gastein reserves the right to claim damages for default (e.g. collection fees, reminder fees, default interest, chargeback fees).

Offsetting against payment claims of Felsentherme is only permitted with legally established or undisputed claims.

The purchaser identifies himself/herself by providing the following personal data: First name, surname, address, telephone number, email address (prior registration is not required).

The buyer chooses the method of payment between:
a) Payment by credit card (Master or Visa)
b) Prepayment
c) Paypal
d) Cash on delivery: For orders of vouchers and goods by cash on delivery, a cash on delivery fee of € 3.50 will be charged. The buyer must match the credit card account holder (automatic reconciliation takes place).

Felsentherme Bad Gastein reserves the right to temporarily not make one or more of the payment options listed under a) to d) available and will inform the buyer of this before the contract is concluded. In order to finalise an order, the relevant security enquiries must be made during the ordering process after the instruction appears. The buyer must accept the General Terms and Conditions for Internet Bookings; a hypertext link allows him to read, download and print the terms and conditions. The buyer can either confirm his order by clicking the order button "order with payment" or change the order by clicking the "back" icon, this step allows the buyer to correct errors and then confirm his order by clicking the order button "order with payment". By clicking the order button "order with obligation to pay", the buyer makes a binding offer to purchase the contents of the shopping basket.
 
(1) Purchase confirmation e-mail with tickets: The contract is concluded by the purchase confirmation e-mail from Felsentherme Bad Gastein, which is sent immediately after receipt of the order and payment of the purchase price. This e-mail contains the corresponding number of tickets ordered in pdf format. The confirmation also constitutes proof of the conclusion of the contract and the contractual conditions for the purchaser.
 
(2) Printout of the tickets and ticket conditions: The customer must independently ensure that they print out the tickets legibly and present them at the thermal spa cash desk. The tickets cannot be deposited at the thermal spa cash desk. The period of validity is indicated on the ticket. Tickets can only be used once (exception: partial value redemption). The user of the ticket may differ from the customer and account holder printed on the ticket.
 
§ 7 Data protection

(1) The business partner is obliged to protect all business and trade secrets of Felsentherme Bad Gastein that come to his knowledge in any way and in any form whatsoever.

(2) Felsentherme Bad Gastein undertakes not to pass on the data required for order processing to third parties in compliance with the provisions of the Data Protection Act.

§ 8 Right of withdrawal

1) Felsentherme Bad Gastein is entitled to withdraw from the contract in whole or in part in the event of default in performance, insolvency of the business partner or rejection of insolvency due to lack of assets, suspension of payments in cases of force majeure.

(2) Customers who are consumers within the meaning of the Consumer Protection Act may withdraw from a contract concluded at a distance (or a contractual declaration made at a distance) within a period of seven working days from receipt of delivery of the ordered goods. For consumer customers from Germany, we grant a statutory right of cancellation of 14 days from receipt of the delivery. It is sufficient if the cancellation notice is sent within this period without giving reasons; Saturdays do not count as working days. In the event of cancellation, full or partial reimbursement of the purchase price shall only take place concurrently with the return of the goods received by the customer. The costs of returning the goods shall be borne by the customer. The goods should be returned in unused and resalable condition and in their original packaging. We will charge an appropriate fee for the reduction in value for items that are impaired by signs of use or whose packaging is damaged. The same applies if accessories or parts are missing when the goods are returned.

(3) A right of cancellation of the online ticket purchase exists at the latest 24 hours before the desired visit to the thermal spa. In the event of non-redemption without timely cancellation, a refund is not possible.

§ 9 Subscribe to & unsubscribe from the newsletter
By submitting the form on the Felsentherme Bad Gastein homepage, the customer expressly agrees to receive the Felsentherme Bad Gastein newsletter in the future but can also unsubscribe from it. By clicking on "Unsubscribe from newsletter" in the newsletter, the newsletter subscriber is taken to the Felsentherme Bad Gastein homepage, where they can enter their email address and confirm by clicking on the button to unsubscribe from the newsletter and be successfully removed from the mailing list

§ 10 Final provisions
Should one of the above provisions be wholly or partially invalid, this shall not affect the validity of the other provisions. All other provisions of these AGB shall remain valid. The invalid provision shall be replaced by a valid provision that comes closest to it in terms of content and purpose.

Bad Gasteiner Gesundheits- und FelsenthermebetriebsgesmbH
Bahnhofplatz 5
A-5640 Bad Gastein
phone: +43(0)6434-2223-0
mail: info@felsentherme.com