The General Terms and Conditions of Business (AGB) of NaturThermeTemplin GmbH
§ 1 Scope of application
(1) Our General Terms and Conditions of Business shall apply for all current and future business relationships.
(2) Natural persons with whom business relationships have been entered into without these being attributed a commercial or self-employed occupation shall be consumers within the meaning of the General Terms and Conditions of Business. Entrepreneurs within the meaning of the General Terms and Conditions of Business shall be natural or legal persons or competent ordinary partnerships, with which business relationships have been entered into and which act in pursuit of a commercial or self-employed occupation. Both consumers and entrepreneurs shall be clients within the meaning of the General Terms and Conditions of Business. Our General Terms and Conditions of Business shall apply both to consumers and to entrepreneurs, unless a differentiation is made in the respective clause.
(3) Deviating, conflicting or supplementing General Terms and Conditions of Business will not be an integral part of the contract, even with awareness of them, unless their validity is expressly agreed in writing.
§ 2 Offer, conclusion of the contract, distance selling contract, resale
(1) Our offers, particularly those on the Internet, in brochures and advertisements, shall represent a non-binding invitation to the client to order our services. They shall be subject to change. Even after the conclusion of the contract, we reserve the right to alterations in the form of the services within the scope of what is reasonable for the client.
(2) By ordering a service, the client bindingly declares that he wishes to acquire the ordered services. We are entitled to accept the contractual offer, which the order involves, within one week from receipt by us.
(3) If the consumer orders a voucher for the service electronically, we will confirm receipt of the order immediately. However, the confirmation of receipt shall not represent a binding acceptance of the order. The confirmation of receipt may be associated with the declaration of acceptance.
(4) If the consumer orders the voucher electronically, the wording of the contract is saved by us and is sent to the client via e-mail, on request, together with the existing General Terms and Conditions of Business.
(5) Before passing on the voucher, whether gratuitously or for a consideration, the buyer of a voucher for a service shall undertake to inform possible purchasers regarding the content of the specifically concluded contract and in particular to point out the General Terms and Conditions of Business of NaturThermeTemplin GmbH to them and to facilitate their cognizance in a reasonable way.
§ 3 Reservation of ownership
(1) In the case of contracts with consumers, we reserve the right of ownership of the voucher until the payment in full of the purchase price.
In the case of contracts with entrepreneurs, we reserve the right of ownership of the voucher until the settlement in full of all the outstanding accounts from an ongoing business relationship. Should the value of the security exceed our claims against the entrepreneur by more than 20%, we have to discharge the securities to which we are entitled to the appropriate amount on request and at our option.
(2) As long as there is a reservation of ownership of the voucher, the client shall be obliged to immediately notify us of the seizure of the voucher by third parties, for instance in the event of an attachment, and also in the event of possible damage to or the destruction of the voucher.
(3) We shall be entitled to withdraw from the contract and to claim the return of the voucher in the event of behaviour of the client that is contrary to the terms of the contract, particularly in the event of delay in payment.
(4) The entrepreneur shall be entitled to resell the voucher in the ordinary course of business. Even then, he shall assign to us all claims to the extent of the total amount of the invoice, which accrue to him from the resale against third parties. We accept the assignment. After assignment, the entrepreneur shall be authorised to collect the claims. We reserve the right to collect the claims ourselves as soon as the entrepreneur does not duly fulfil his obligations to pay and defaults.
§ 4 Prices, terms and conditions of payment and service
(1) The agreed prices shall also include the VAT applicable at the time.
(2) Alterations in price shall be permitted if more than 4 months have passed between the conclusion of the contract and the agreed performance deadline. Should the wages or the cost of materials alter after this up to the performance of the service, we shall be entitled to alter the price appropriately in accordance with the increase or decrease in cost. The client shall be entitled to withdrawal if a price increase does not insignificantly exceed the rise in the general cost of living between placing an order and delivery.
(3) After the occurrence of default, we shall be entitled to demand collection expenses of EUR 3.00 from the client for each arrears notice as damage caused by default. However, the consumer shall be permitted to demonstrate that little or no damage at all has occurred.
(4) The client shall only be entitled to offsetting rights if his counterclaims are validly established, uncontested or acknowledged by us.
(5) An entrepreneur’s right of retention shall be excluded, unless his counterclaim originates from the same contractual relationship and is undisputed or validly established.
(6) We are only obligated to the service, if the client has provided consideration.
(7) If the assertion of a client’s rights requires the granting of an appropriate extension, this shall amount to at least two weeks.
§ 5 The client’s contractually acknowledged possibility of withdrawal
Under the following circumstances, we shall hereby grant a contractual right of withdrawal to the client up to 24 hours prior to the agreed start of the provision of service:
a) In the event of withdrawal, we shall be entitled to an expense allowance to an appropriate extent.
b) Instead of a specifically calculated appropriate expense allowance, we shall have the option to assert a lump sum for withdrawal amounting to:
- EUR 10.00 in the event of withdrawal prior to the scheduling of the service (e.g. for a voucher);
- 10% of the price for the service, but, at least EUR 10.00 in the event of withdrawal up to the 15th day prior to the agreed start of the provision of the service;
- 20% of the price for the service, but, at least EUR 10.00 in the event of withdrawal from the 14th to the 8th day prior to the agreed start of the provision of the service;
- 40% of the price for the service, but, at least EUR 10.00 in the event of withdrawal from the 7th to the 4th day prior to the agreed start of the provision of the service;
- 60% of the price for the service, but, at least EUR 10.00 in the event of withdrawal from the 3rd to the 2nd day prior to the agreed provision of the service;
- 80% of the price for the service, but, at least EUR 10.00 in the event of withdrawal up to 24 hours prior to the agreed provision of the service.
c) The client shall be free to demonstrate that a lesser amount or no expenditure at all has arisen for us.
d) The following shall apply in the event that several services are to be provided:
- The scheduling of the service due first shall be decisive for the date of the start of the provision of the service.
- The exercising of the contractual right of withdrawal shall be excluded for partial performances.
§ 6 Withdrawal of NaturThermeTemplin GmbH
We shall be entitled to withdraw from the contract for a significant reason, particularly if:
- the service specification forming the basis of the contract indicates a minimum number of participants that has not been achieved two weeks prior to the scheduled event;
- the performance of the service is not reasonable because the economic sacrifice limit is exceeded for circumstances for which we are not responsible;
- the provision of the service becomes considerably more difficult, fraught with risks or impaired for reasons of force major that could not be foreseen at the time of the conclusion of the contract;
- the client has filed a petition for the opening of insolvency proceedings regarding his assets, he has given an affidavit in accordance with § 807 of the German Code of Civil Procedure or if the insolvency proceedings regarding his assets have been opened or the opening has been refused for lack of funds.
The client shall be immediately reimbursed the price paid for the service.
§ 7 Exclusions and limitations of liability
The following shall apply to consumers:
Our liability for contractual breach of duties and also for tort shall be limited to wilfulness and gross negligence. This shall not apply to injury to life, body and the health of the client, to claims due to the infringement of cardinal obligations and to the compensation for damages caused by default (§ 286 BGB – German Civil Code). In this respect, we shall be liable for each degree of negligence. However, liability in the event of delay in performance, shall be limited to 0.5% of the value of the service for each completed week of delay in the context of a lump-sum compensation for delay, but not more than 5% maximum of the value of the service, however. Liability in the event of the infringement of cardinal obligations shall be limited to the damage that is normally foreseeable.
The following shall apply to entrepreneurs:
Our liability for contractual breach of obligations and also for tort shall be limited to wilfulness and gross negligence and also to compensation for damage that typically arises. This shall not apply to injury to life, body and the health of the client, to claims due to the infringement of cardinal obligations and to compensation for damages caused by delay (§ 286 BGB – German Civil Code). In this respect, we are liable for each degree of negligence. However, as far as damages are concerned that do not result from the injury to life, body or the health of the client, we shall only be liable for damages that typically arise. However, liability in the event of delay in performance shall be limited to 0.5% of the value of the service for each completed week of delay in the context of a lump-sum compensation for delay, but not more than 5% maximum of the value of the service.
§ 8 Formal requirement for announcements and declarations
(1) Material declarations and announcements, which the client has to make to the user or to a third party, shall require the written form.
(2) Verbal undertakings by our representatives or other assistants shall require written confirmation by us.
§ 9 Place of performance, choice of law, legal venue, validity of the house and bathing rules
(1) If nothing else arises from the contract, our registered office shall be the place of performance and of payment. The legal provisions in respect of places of jurisdiction shall remain unaffected in the case of contracts with consumers.
(2) The law of the Federal Republic of Germany shall apply unless specific consumer protection provisions in the home country of the client are more favourable (Section 29 EGBGB, Introductory Act to the German Civil Code).
If the client is a businessman, a legal person under public law or a special fund under public law, the competent court for our registered office shall be the place of jurisdiction. We shall be entitled also to take proceedings against the client at his general place of jurisdiction.
(3) If the client has no general place of jurisdiction in Germany or in another member state of the European Union, our registered office shall be the exclusive place of jurisdiction for all the disputes arising from the contract.
Ist der Kunde Kaufmann, eine juristische Person des öffentlichen Rechts oder ein öffentlich-rechtliches Sondervermögen, ist Gerichtsstand das für unseren Geschäftssitz zuständige Gericht. Wir sind auch berechtigt, den Kunden an seinem allgemeinen Gerichtsstand zu verklagen.
(4) The house and bathing rules reproduced in the appendix shall apply for all clients of NaturThermeTemplin GmbH.
Appendix:
House and bathing rules of NaturThermeTemplin GmbH
Guidance on revocation
(1) The client shall have the right to revoke his contractual declaration within two weeks without giving reasons either in a written form (e.g. letter, fax or e-mail) or by returning the goods. To safeguard the revocation deadline, the dispatch of the revocation or the object in good time shall suffice. The revocation should be addressed to::
NaturThermeTemplin GmbH
Postfach 1221
17262 Templin – Thermalsoleheilbad
(2) In the event of an effective revocation, benefits received by both parties must be returned and, if applicable, profits (e.g. interest) must be handed over.
(3) If the client cannot return the benefits received in full or in part or only in an impaired state, he must give us compensation in this respect. This shall not apply, if the impairment to the object is exclusively attributable to its examination – for instance, as would have been possible for the client in the shop. Besides, the client can avoid the obligation to compensate by not making use of the object as an owner would do and by refraining from doing anything that could damage its value.
(4) Goods that are fit for shipment by parcel post should be returned. In the case of the return of a delivery of goods whose order value amounts to up to EUR 40.00 overall, the client has to bear the costs of the return if the goods delivered correspond to the goods ordered. Otherwise, the return is free of charge. Goods that are not fit for shipment by parcel post are collected from the client.
(5) There is no right of revocation,
- if the goods are produced in accordance with the client’s specification or if they are expressly tailored to the personal requirements or if they are not fit for return due to their condition or are highly perishable or if their expiry date has been exceeded.
- in the event of delivery of audio or video recordings or software, in so far as seals for the delivered data carriers have been broken by the client.
- in the case of the delivery of newspapers, magazines or illustrated journals.
End of the guidance on revocation