General Terms and Conditions (GTCs) for day trips

Terms and conditions for day trips (day offers) of the Kurverwaltungsgesellschaft MbH Waldbronn

Dear guests,
The following provisions, insofar as they have been effectively agreed, form part of the service contract for the provision of day trips concluded between you, hereinafter referred to as the "guest", and Kurverwaltungsgesellschaft mbH Waldbronn, hereinafter abbreviated to KVG,
. They supplement the statutory provisions of §§ 611 ff. BGB and complete them. Therefore, please read these terms and conditions
carefully before making your booking!

1 Scope of these terms and conditions; position of KVG; applicable legal provisions

1.1 These terms and conditions apply, insofar as they have been legally agreed, exclusively to contracts for KVG offers where the entire service provision does not last longer than 24 hours, does not include overnight accommodation and the travel price does not exceed € 500 per person (day trips in accordance with Section 651a (5) No. 2 BGB). Accordingly, the contractual relationship between KVG and the guest is not subject to the statutory provisions of Sections 651a-y of the German Civil Code on standard package travel contracts.

1.2 KVG provides the contractually agreed services as its own services. However, in accordance with the statutory provisions (see Section 1.1 of these terms and conditions), it is not a package tour organiser.

1.3 The legal relationship between the guest and KVG is primarily governed by the agreements made with KVG, supplemented by these terms and conditions, and alternatively by the statutory provisions on the service contract pursuant to Sections 611 et seq. BGB or the contract for work in accordance with §§ 631 ff. BGB, namely

a) For guided tours, visits, wellness treatments or medical treatments as well as access to the Albtherme Waldbronn with all its facilities: Service contract law of §§ 611 ff. BGB

b) For catering services (food, drinks, snacks, snacks): Law on contracts for work and labour of §§ 631 ff. BGB.

1.4 Unless otherwise stipulated in favour of the guest in mandatory international or European law provisions applicable to the contractual relationship with KVG, the entire legal and contractual relationship with KVG shall be governed exclusively by German law.

2 Conclusion of contract

2.1 The following applies to all offers of day trips made by KVG:

a) The basis of KVG's offer and the guest's booking is the description of the day trip offer and the supplementary information in the booking basis insofar as this is available to the guest at the time of booking.

b) In accordance with the statutory obligations, the guest is advised that, pursuant to Section 312g (2) sentence 1 no. 9 of the German Civil Code (BGB), there is no right of cancellation for contracts for leisure services, such as those offered by KVG, which were concluded by distance selling (letters, catalogues, telephone calls, telecopies, e-mails, messages sent via mobile phone service (SMS) as well as broadcasting and telemedia), but only the statutory provisions on the non-use of services or work services or their termination apply (see also sections 6 and 7 of these terms and conditions). However, there is a right of cancellation if the day trip contract was concluded outside of business premises.

2.2 By making a booking, which can be made verbally, in writing, by telephone, fax, e-mail or online, the guest makes a binding offer to KVG to conclude a contract for the day trip. If the booking is made by the person making the booking for several persons or a group, only the person making the booking shall be KVG's contractual partner liable to pay if the person making the booking does not expressly act as the legal representative of other persons. The same applies to bookings made by companies, authorities, associations and institutions.

2.3 In the case of online bookings, the booking of the guest's binding contractual offer is transmitted by clicking on the "Book with obligation to pay" button. Clicking the "Book with obligation to pay" button does not constitute a claim by the guest to the conclusion of a day travel contract in accordance with their booking details. Rather, KVG is free to decide whether or not to accept the guest's contractual offer.

2.4 The contract is concluded upon receipt of the booking confirmation by the guest. This does not require any particular form and can be legally binding for the guest and KVG, particularly in the case of verbal and telephone bookings, even without a written booking confirmation. If the booking confirmation is issued immediately after pressing the "Book with obligation to pay" button by displaying the booking confirmation on the screen (booking in real time), the day trip contract is concluded upon receipt and display of this booking confirmation on the guest's screen.

3. services; deviating agreements; changes to essential services; duration of services; weather conditions

3.1 The service owed by KVG consists of the provision of the contractually agreed services in accordance with the service description of the offer and any additional agreements expressly made with the guest.

3.2 KVG's obligation to provide services does not include advising the guest with regard to personal physical or health requirements that must be met in order to use the services.

3.3 KVG does not promise or guarantee any healing or curative success for medical services or wellness treatments.

3.4 Changes or additions to the contractually advertised services require an express agreement with KVG, for which the text form is strongly recommended for reasons of proof.

3.5 Changes to essential services which deviate from the agreed content of the contract and which become necessary after conclusion of the contract (in particular changes to the timing of the respective service provision) and which have not been brought about by KVG in bad faith are permitted, provided that the changes are not significant and do not affect the overall nature of the service. Any warranty claims of the guest in the event of such changes to essential services shall remain unaffected.

3.6 Information on the duration of services (in particular guided tours, treatments, applications) is approximate.

3.7 The following applies to weather conditions and their effects on agreed services:

(a) Unless expressly agreed otherwise in individual cases, the agreed services shall take place in all weathers.

b) Weather conditions therefore do not entitle the guest to cancel or terminate the contract with KVG free of charge. This shall only not apply if the weather conditions have such a significant impact on the guest's body, health or property that it is objectively unreasonable for the guest to accept the service.

c) If such conditions exist at the start of the service or are objectively to be expected before the start of the service at the agreed time, both the guest and KVG reserve the right to terminate the contract for the service either ordinarily or extraordinarily.

4 Provision of services and payment modalities

4.1 For bookings made at the cash desk of the Albtherme Waldbronn itself, other business premises of the Kurverwaltungsgesellschaft Waldbronn mbH, as well as in tourist information centres and spa administrations of the Touristikgemeinschaft Albtal Plus e.V., the total amount is due for payment immediately in cash, by credit card or by payment by EC card.

4.2 In the case of payments against invoice, which require a corresponding express agreement with the KVG, as well as for online bookings, the total payment for bookings made 2 weeks before the start of the service is due for payment immediately after receipt of the booking confirmation/invoice to the specified KVG account. For shorter bookings, payment must be made to the location specified by KVG in the booking confirmation/invoice before the start of the service.

a) If the guest fails to make payment in accordance with the agreed due dates, even though KVG is willing and able to provide the contractual service properly and the customer has no statutory or contractual right of retention, KVG is entitled to withdraw from the contract after issuing a reminder setting a deadline and after the deadline has expired, and to charge the customer cancellation costs in accordance with Section 7, unless the guest is not responsible for the delay in payment.

b) Without full payment of the service price, the customer has no claim to utilisation of the service.

5. rebookings

5.1 The guest shall not be entitled to change the date of the service, the time, the type of service or the scope of the service (rebooking) after conclusion of the contract. If a rebooking is nevertheless made at the guest's request, KVG may charge a rebooking fee up to 3 working days before the start of the service. Unless otherwise agreed in individual cases before the rebooking is confirmed, the rebooking fee is €10 per rebooking. The guest reserves the right to prove to KVG that the costs incurred by making the rebooking are significantly lower than the agreed rebooking fee. In this case, the guest only has to pay the lower costs.

5.2 Rebooking requests made by the guest later than 3 working days before the start of the service, if at all possible, can only be carried out by cancelling the day travel contract in accordance with Section 7 of these terms and conditions and making a new booking at the same time.

5.3 The above provisions do not apply to rebooking requests that only incur minor costs.

6 Non-utilisation of services

6.1 If the guest does not make use of the agreed services in whole or in part for reasons for which KVG is not responsible, in particular by failing to turn up for the respective service provision, without cancelling the contract, although KVG is willing and able to provide the service, the guest shall not be entitled to a refund of any payments already made.

6.2 The agreed remuneration is subject to the statutory provisions (§615 p.1 and 2 BGB):

(a) The agreed remuneration shall be paid without any entitlement to subsequent performance.

b) However, the KVG must offset the remuneration against any expenses saved and any remuneration which the KVG obtains or maliciously fails to obtain by utilising the agreed services elsewhere.

7 Cancellation and withdrawal by the guest

7.1 The guest may cancel the contract with KVG free of charge after conclusion of the contract up to the 14th day before the agreed start of the service. Cancellation does not require any particular form. However, cancellation in text form is strongly recommended.

7.2 In the event of cancellation by the guest between the 14th day and the 3rd day before the start of the service, KVG will charge a processing fee of €10, which will also cover any corresponding claims by KVG in connection with the cancellation of the day trip contract. The guest reserves the right to prove to KVG that it has incurred no loss or significantly lower costs. In this case, the guest shall only be required to reimburse the lower expenses or costs.

7.3 In the event of cancellation later than the 3rd day before the start of the service, KVG's claim to remuneration shall remain in full force and effect. KVG shall only be entitled to offset against the claim for remuneration any expenses saved and any income which it realises or maliciously fails to realise from any other use of the contractual services intended for the guest.

7.4 The above provisions do not affect the guest's statutory or contractual cancellation rights in the event of defects in the services.

8 Obligations of the guest

8.1 The guest is obliged to report any defects in the contractual services to KVG or the bodies or persons designated by it without delay and to demand remedy. If no such notification of defects and request for remedial action is made for reasons for which the guest is responsible and if remedial action by KVG would have been possible and reasonable for the guest, the guest's claims to a reduction in price and compensation for damages due to such defects shall lapse.

8.2 Before using the contractual services, the guest is obliged to check the conditions necessary for proper utilisation, in particular with regard to his current personal and general state of health and, if necessary, to seek medical advice beforehand.

8.3 Insofar as the provision of services requires the co-operation of the guest, in particular with regard to clothing and equipment, the guest is obliged to provide this co-operation.

8.4 The guest must comply with the instructions of the staff in connection with the provision of the service, insofar as these are objectively necessary for the proper provision of the service and are reasonable for the guest, in particular insofar as compliance with such instructions is necessary to avoid risks to the guest's body and health.

8.5 Violations of the guest's obligations under Sections 8.2 - 8.4 shall entitle KVG to terminate the contract with the guest with or without notice and to exclude the guest from the provision of services. In this respect, the persons commissioned by KVG to provide the service are authorised to make corresponding declarations of termination. The same applies if the guest significantly disrupts the provision of services, other guests, the staff, the facility or third parties to such an extent that immediate cancellation of the contract without notice is objectively justified.

9 Liability of KVG; insurance

9.1 KVG shall be liable without limitation - insofar as the damage results from the breach of a material obligation, the fulfilment of which is essential for the proper performance of the contract or the breach of which jeopardises the achievement of the purpose of the contract - insofar as the damage results from injury to life, limb or health. Otherwise, KVG's liability is limited to damage caused by KVG or its vicarious agents wilfully or through gross negligence.

9.2 KVG is not liable for services, measures or omissions of accommodation and catering establishments or other providers visited on the occasion of the service, unless the damage was caused or partly caused by a culpable breach of duty by KVG.

9.3 The agreed contractual services do not include any insurance in favour of the guest. The guest is strongly recommended to take out travel cancellation insurance, travel interruption insurance and insurance to cover repatriation costs in the event of accident or illness.

10 Special regulations in connection with pandemics (in particular the corona virus)

10.1 The parties agree that the agreed services will always be provided in compliance with and in accordance with the official regulations and requirements applicable at the time the service is provided.

10.2 The guest agrees to observe appropriate usage regulations or restrictions of KVG or the service providers when utilising services and to inform KVG immediately in the event of typical symptoms of illness occurring.

10.3 Any warranty rights of the guest remain unaffected by the above provisions

11. special regulations in connection with pandemics (in particular the corona virus)

11.1 The entire legal and contractual relationship between the customer and KVG is governed exclusively by German law. The customer may only sue KVG at KVG's registered office.

11.2 For actions brought by KVG against the guest, the guest's place of residence shall be decisive. For legal action against guests or contractual partners who are merchants, legal entities under public or private law or persons whose place of residence or habitual abode is abroad or whose place of residence or habitual abode is unknown at the time the action is brought, the place of jurisdiction is agreed to be the registered office of KVG.

11.3 The above provision shall not apply

a) if and to the extent that the provisions of international agreements applicable to the contract between the guest and KVG that cannot be waived by contract provide otherwise in favour of the guest, or

b) if and to the extent that non-modifiable provisions applicable to the contract in the EU Member State to which the guest belongs are more favourable to the guest than the above provisions or the corresponding German provisions.

11.4 With regard to the Consumer Dispute Resolution Act, the KVG points out that the KVG does not participate in voluntary consumer dispute resolution. If consumer dispute resolution becomes mandatory for KVG after these terms and conditions go to print, KVG will inform the guest of this in an appropriate form. The KVG refers to the European online dispute resolution platform https://ec.europa.eu/consumers/odr for all contracts concluded in electronic legal transactions.

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© Protected by copyright, Noll | Hütten | Dukic Rechtsanwälte 2024

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Provider and contractual partner is :

Kurverwaltungsgesellschaft mbH Waldbronn
Marktplatz 7, 76337 Waldbronn
E-mail: kurverwaltung@waldbronn.de
Managing Director: Christian Stalf
Local Court Mannheim, HRB 360 345