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General Terms and Conditions

 

§ 1 Scope of application

These General Terms and Conditions shall apply to any offers, purchase orders, purchases or acquisitions, respectively, as well as further legal transactions, deliveries and services. Thermalquelle Loipersdorf raises objection to any deviating regulations in an order confirmation or in any other business documents of the business partner. Deviating business or contractual conditions will not be accepted by Thermalquelle Loipersdorf or shall apply in case of a written confirmation by Thermalquelle Loipersdorf only, respectively. In case of acceptance, this shall be restricted to the respective transaction. Furthermore, these General Terms and Conditions shall apply to any further legal transactions with the business partner. Further fundamental regulations: E-Commerce-Act, Consumer Protection Act (KschG), as well as any further applicable laws, house rules of Loipersdorf Spa.

§ 2 Offer, purchase order, order, order confirmation

(1) In respect of quantity and quality, with his/her offer, the business partner has to strictly comply with the request of Thermalquelle Loipersdorf, and in case of deviations, he/she must expressly point these out in writing in advance. Failing to comply with this condition, the business partner shall not be entitled to a higher payment in case of deviations.
(2) Purchase orders or orders, respectively, must be in writing or sent via e-mail to be valid. Oral agreements or agreements via the phone shall require a written confirmation.
(3) Loipersdorf Spa undertakes to accept the voucher/goods order of the ordering party under the conditions of the website. In case of typos, printing and calculation errors on the website, Loipersdorf Spa may be entitled to withdrawal. A purchase agreement for the voucher becomes effective with a confirmation of the customer’s purchase order by Loipersdorf Spa via phone or e-mail.
(4) Online booking of a spa ticket shall take place via the homepage of Thermalquelle Loipersdorf max. 7 days up to 3 days, at the latest, before the desired stay. The order form has to be filled in and the desired date for the stay selected. Bookings are exclusively possible for day tickets (adults, children), and shall be exclusively valid at the date selected. Following successful booking of the spa ticket, a confirmation of the reservation is sent.

§ 3 Prices, packaging, handling

The agreed prices shall be considered fixed prices, which cannot be increased for whichever reason. The business partner shall be liable for proper packaging as well as for any disadvantages, in particular damage, arising for Thermalquelle Loipersdorf due to defective packaging. The business partner shall unsolicitedly transmit possible storage and/or operating instructions with the delivery. If the business partner does not comply with this condition, he/she shall be liable without fault for the damage arisen from lack of knowledge to its full extent.

§ 4 Time of service, terms of service

(1) Rendering of services must take place at the point in time stipulated in the contract or in the purchase order, at the place determined and to the extent agreed or in the quantity agreed, respectively. The term of service starts with the date of the purchase order/date of the order.
(2) If a delay in service occurs or becomes foreseeable, the business partner must immediately inform Thermalquelle Loipersdorf about this in writing. Independent of any fault of the business partner, in case of a delay in service Thermalquelle Loipersdorf shall be entitled to demand a compensation for delay to the amount of 1 percent of the service’s value per week started, in total, however, not more than 5 percent of the contract value. Loipersdorf Spa may decide, at their discretion, to deduct this contractual penalty from the invoiced amount without any separate agreement or understanding. In case of delay by the business partner, Loipersdorf Spa shall be entitled to withdraw from the contract or to set an appropriate extension.
(3) Any delivery of goods and vouchers of Loipersdorf Spa shall take place via Austrian Post at the respectively applicable conditions. The delivery shall take place to the delivery address stated by the ordering party. The delivery shall take place availability provided. If goods ordered should not be available at this point in time, the customer may choose, whether he/she wants to cancel the purchase order or register for a possible subsequent delivery. If the supplier of Loipersdorf Spa does not provide Loipersdorf Spa with the goods despite contractual obligation, Loipersdorf Spa shall be entitled to withdrawal. In any case, the customer will be immediately informed about the non-availability of the goods.

§ 5 Invoice, payment

(1) Invoices must conform to the legal stipulations. Furthermore, they must include the complete order number, the order date and, if stated, the cost centre.
(2) Thermalquelle Loipersdorf reserves the right to choose one of the following payment conditions from receipt of the proper invoice or from the beginning of the term of payment, respectively: transfer within 14 days with a 3 % discount, transfer within 30 days net.
(3) All purchase orders of vouchers and goods shall only be delivered against payment via cash-on-delivery or credit card. In that, a cash-on-delivery fee to the amount of € 4.00 or a credit card fee to the amount of € 2.10 will be charged.
(4) The payment for the online ticket purchase shall exclusively take place by means of credit card. Reductions/special offers cannot be claimed.

§ 6 Data protection

(1) The business partner shall be obliged to keep any trade or business secrets of Thermalquelle Loipersdorf, of which he/she might gain knowledge in whatever way and form.
(2) Loipersdorf Spa undertakes not to pass on data required for purchase order handling to third parties complying with the stipulations of the Data Protection Act.

§ 7 Right to withdrawal

(1) Loipersdorf Spa shall be entitled to entirely or partially withdraw from the contract in case of delay in service, insolvency of the business partner or insolvency rejection for lack of assets, or suspension of payment in case of force majeure.
(2) Customers being consumers in terms of the Consumer Protection Act may withdraw from a distance contract (or a contractual declaration given at a distance) within a period of seven work days. The period for withdrawal starts with the day the contract is concluded, wherein Saturdays are not considered work days. For consumer customers from Germany we grant a legal right of return of 14 days from contract conclusion. It shall be sufficient to send the notice of withdrawal within the period without having to state reasons. The right to withdrawal, however, shall not exist, if the execution of the service is started according to the contract within the withdrawal period already.
(3) Ordering parties being consumers in terms of the Consumer Protection Act may withdraw from a distance contract (or a contractual declaration given at a distance) within a period of seven work days from receipt of the delivery of the ordered goods. For consumer customers from Germany we grant a legal right of return of 14 days from receipt of the delivery. It shall be sufficient to send the notice of withdrawal within the period without having to state reasons. Saturdays are not considered work days. In case of withdrawal, complete or partial reimbursement of the purchase price shall only take place step by step against the return of the goods received by the ordering party. The costs for the return shall be borne by the customer. The goods should be returned in an unused and able-to-be-resold-as-new state and in the original packaging. For articles with traces of use or the packaging of which is damaged, we shall claim appropriate payment for the reduction in value. The same shall apply, if upon return of the goods accessories or parts are missing.
(4) The right to withdrawal from an online ticket purchase shall exist until 24 hours before the desired visit to the spa, at the latest. In case of the ticket not being used without cancellation in time, any reimbursement shall not be possible.

§ 8 Subscribing & unsubscribing to the newsletter

Sending the form on the homepage of Loipersdorf Spa, the ordering party expressly agrees to receive the newsletter of Loipersdorf Spa in the future, however, he/she may also unsubscribe to it. Clicking on “Unsubscribe Newsletter” in the newsletter, the newsletter subscriber is linked with the homepage of Loipersdorf Spa, where he/she may unsubscribe to the newsletter by entering his/her e-mail address and confirming by clicking on the button. Then he/she will be taken off the distribution list.

§ 9 Final provisions

Should any of the above provisions become ineffective in its entirety or partially, then this does not affect the validity of the other provisions. Any further provisions of these General Terms and Conditions shall remain valid. The ineffective provision shall be replaced by a regulation closest to it in terms of contents and purpose.