1. SCOPE OF
(1) These General Terms and Conditions (hereinafter referred to as “GTC”) shall apply to all contracts concluded via our online shop between us, the Kur- und Badegesellschaft mbH, Stadtgarten/Passstr. 79, 52070 Aachen, registered in the Commercial Register of the Local Court of Aachen under HRB 84 and you as our customer. The GTC shall apply regardless of whether you are a consumer, entrepreneur or merchant.
(2) All agreements made between you and us in connection with the purchase contract result in particular from these General Terms and Conditions and our order confirmation (made at least in text form).
(3) The version of the GTC valid at the time of the conclusion of the contract shall be authoritative.
(4) We do not accept any deviating terms and conditions of the customer. This shall also apply, if we do not expressly object to their inclusion.
2. CONCLUSION OF CONTRACT /
PURCHASE OF VOUCHERS AND PAMPER PACKAGES
(1) At www.carolus-thermen.de you can purchase online multi-purpose vouchers, pamper packages and online tickets for admission to the Carolus Thermen.
(2) The presentation and advertising of articles in our online shop does not constitute a binding offer to conclude a purchase contract.
(3) By submitting an order via the online shop (completion of the ordering process after placing the ordered goods in the shopping cart and providing the required information with the confirmation of purchase), you place a legally binding order. You are bound to the order for a period of two (2) weeks after placing the order; your right (if any according to article 4) to revoke your order, according to section 4, remains unaffected.
(4) We will immediately confirm receipt of your order placed via our online shop by e-mail. Such an e-mail does not constitute a binding acceptance of the order, but merely an acknowledgement of receipt, unless the acceptance is declared at the same time as the confirmation of receipt.
(5) A contract is only concluded, when we accept your order by means of a declaration of acceptance or by delivering the ordered item(s). If the delivery of the goods ordered by you is not possible, for example, because the corresponding goods are not in stock, we refrain from a declaration of acceptance. In this case a contract a contract will not be concluded. We will inform you of this immediately and refund any consideration already received without delay.
Multi-purpose vouchers, reservations and online tickets for self-printing are sent by e-mail as a PDF attachment to the e-mail address specified in the order.
Pamper packages and multi-purpose vouchers can be sent by post plus a flat-rate delivery charge of EUR 3.00 within Germany and for EUR 5.00 abroad. For the dispatch of products from the CAROLUS SPA a forwarding expenses lump sum of 4.50 EUR (up to 2 KG) or of 6.50 EUR (up to 5 KG) is charged. If the value of goods exceeds 100.00 EUR, the flat-rate shipping fee is waived.
4. RIGHT OF
If you are a consumer, you have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen (14) days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods. Unless otherwise agreed by the parties, the right of withdrawal does not apply to the purchase of online tickets or appointment-based services, because the subject matter of the contract is the provision of services in connection with leisure activities and provides for a specific date or period for the provision of the services (Section 312g (2) No. 9 BGB).
In order to exercise your right of withdrawal, you must inform us, the Kur- und Badegesellschaft mbH, Stadtgarten/Passstr. 79, 52070 Aachen, Tel. 0241182740, Fax. 024118274274, e-mail: firstname.lastname@example.org, by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the following sample for this purpose:
Sample cancellation form:
Consequences of withdrawal
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs, without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met, if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.
OF ONLINE TICKETS
Cancellations of online tickets are possible up to 24 hours prior to the start of the service with the consequence that the booked online ticket(s) will be converted into a multi-purpose voucher(s) minus a processing fee of € 3.00. Online tickets cancelled less than 24 hours before the agreed performance will be forfeited without replacement. Cancellations must always be made by e-mail to email@example.com, stating the booking address and ticket number.
Subsequently, in the event of a cancellation up to 24 hours before the start of the service, you will receive a cancellation confirmation by e-mail and the multi-purpose voucher will be sent by post to your address.
The booked date can be rescheduled by the guest via a link up to 2 hours before the start date, up to a total of two times and up to 30 days in advance.
Four payment methods are offered for the purchase of multi-purpose vouchers and pamper packages: Giropay for online banking customers within Germany, Paypal/Paypal Plus, credit card payment (Mastercard, Visa and Amex) and prepayment.
You can pay for our online tickets via Giropay – for online banking customers within Germany – via Paypal, credit card payment (Mastercard, Visa and Amex) and via your spa card. There are no additional costs.
If you pay in advance, you will receive the item after receipt of the equivalent value on our account. This can take several days.
7. REDEMPTION OF
The voucher and ticket data are encoded in a barcode. When redeeming the voucher or the online ticket at the reception of the Carolus Thermen Bad Aachen, the barcode is read into the POS system. The barcode is decoded and the data is displayed.
A multi-purpose voucher can also be redeemed in partial amounts for several visits or by several persons for a simultaneous visit.
The vouchers are personal. The resale of vouchers is not permitted. In the event of misuse, we reserve the right to ban the customer from the premises and to report the misuse to the police
8. REDEMPTION OF
When you purchase a pamper package, you will receive a voucher with a voucher number that can be redeemed at the reception desk. When redeeming the voucher, the barcode is read, the corresponding daily entrance fee is booked onto the transponder and the included massages are handed over in the form of a voucher. These vouchers can be redeemed at the Carolus Spa. Please keep them in a safe place. The single vouchers can also be redeemed for several visits.
The resale of pamper packages is not permitted. In the event of misuse, we reserve the right to ban you from the premises and to bring the misuse to criminal charges.
Multi-purpose vouchers and pamper packages are valid for 3 years from 31.12. of the year in which they were purchased.
Treatments at the Carolus Spa can be booked online via the website (https://carolus-thermen.de). Payment can be made by Paypal/Paypal Plus, credit card, debit card or on site when the service is provided.
Reservations can also be made by phone at 0241-18274-434 or by email at Spa@carolus-thermen.de.
When booking, you must provide your contact details (first name, surname, street, postcode, city, country as well as e-mail address and a telephone number, which are required for the fulfilment of the contract.
The booking becomes legally binding only upon receipt of the reservation confirmation, which will be sent to you by e-mail.
The place of performance of the treatment is the Carolus Spa, Carolus Thermen Aachen. All current prices can be found on the website and are constantly updated, previous offers shall lose their validity. The prices do not include the entrance to the Carolus Thermen, i.e. the spa guest has to purchase a valid ticket for the entrance to the Carolus Thermen for each booked treatment or make reservations in case of several treatments during one day. The provision of a service in the Carolus Spa is not possible without admission to the Carolus Thermen.
As some of the treatments require specialist training, not all treatments can be booked on every day. Only employees with specialist training may carry out the treatment.
11. FOR WHOM ARE THE TREATMENTS IN THE CAROLUS SPA NOT SUITABLE?
(CONDITIONS OF THE PERCEPTION OF TREATMENTS)
For whom are the treatments in the Carolus Spa not suitable? (Conditions for the perception of treatments)
If you feel unwell, have a cold, fever or have recently had an infection, treatments must not be carried out. The treatment and the products used could intensify the symptoms of the illness and would be an additional burden for the body.
If you are pregnant, only certain treatments are possible from the 12th to the end of 35th week of pregnancy. You must clarify this in advance with your gynaecologist.
Some treatments are not recommended for certain medical conditions (e.g. diabetes, cardiovascular diseases, risk of thrombosis, varicose veins or venous diseases, athlete’s foot, skin diseases, etc.).
If a treatment cannot be carried out for the aforementioned reasons, we are entitled to refuse to carry the treatment. Please inform yourself in advance, whether you are suitable for the selected treatment.
We accept cancellations free of charge up to 24 hours, before the start of the appointment. Appointments that are cancelled less than 24 hours before the agreed date will be charged at 50%, appointments that are not cancelled will be charged at 100%. Cancellations of treatments from pamper packages are charged at a flat rate of 39.00 € per treatment. The customer is at liberty to prove that we have not incurred any damage or that we have incurred significantly lower damage.
A cancellation must always be made by e-mail to firstname.lastname@example.org.
Subsequently, in the event of a cancellation, you will receive a cancellation confirmation by email, to the email address provided at the time of booking. If the treatment has already been paid for online, the money will be refunded in full within a few days using the payment method you selected when making the booking, or on a pro rata basis depending on the time of cancellation and the aforementioned principles.
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by us, our legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
(2) In the event of a breach of material contractual obligations, we shall only be liable for the foreseeable damage typical for the contract, if such damage was caused by simple negligence, unless the customer’s claims for damages are based on injury to life, body or health. The provisions of the Product Liability Act shall remain unaffected.
Due to the technical characteristics of the Internet, the availability of the booking modules at www.carolus-thermen.de cannot be guaranteed at all times. Any liability on our part is excluded.
Should individual clauses be or become invalid, this shall not affect the validity of the other clauses.
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at www.ec.europa.eu/consumers/odr. You can find our e-mail address in our imprint. We are neither obliged nor willing to participate in the dispute resolution procedure.
The exclusive applicability of German law is agreed under the exclusion of the UN Convention on Contracts for the International Sale of Goods. Place of jurisdiction and place of performance for all claims is – as far as legally permissible – Aachen.