Terms and Conditions

General Terms and Conditions of Badegärten Eibenstock GmbH

Contract terms under contracts entered into between

Badegärten Eibenstock GmbH, Am Bühl 3, 08309 Eibenstock, registered in the Commercial Register of the Chemnitz Local Court under HRB 12778, represented by Managing Director Roberto Fricker, VAT ID No. DE 178 540 824, hereinafter also referred to as the “Provider” —

and

the customer specified in Section 2 of the contract—hereinafter referred to as the “Customer”—

are concluded, with the exception of contracts concluded through the Badegärten Eibenstock GmbH online store.

European Commission's Online Dispute Resolution Platform: www.ec.europa.eu/consumers/odr

§ 1 Scope, Definitions

(1) The business relationship between the Provider and the Customer shall be governed exclusively by the following General Terms and Conditions. Any conflicting terms and conditions of the Customer shall not be recognized unless the Provider expressly agrees to their validity in writing.

(2) The customer is a consumer to the extent that the purpose of the ordered goods and services cannot be attributed to the customer’s commercial or self-employed professional activity. By contrast, a business is any natural or legal person, or partnership with legal capacity, that acts in the course of its commercial or self-employed professional activity when entering into the contract.

§ 2 Offer, Conclusion of Contract, Distance Contract

(1) Our offers, particularly those on the Internet, in brochures, and in advertisements, are subject to change. Even after the contract has been concluded, we reserve the right to make changes to the nature of the services within reasonable limits for the customer.

(2) When visiting the bathing gardens, the contract is concluded upon payment of the admission fee at the ticket office.

(3) With regard to pre-reserved services, the customer’s order by mail, telephone, fax, or email initially constitutes only a request to us to submit a corresponding offer to the customer. We will then send the customer an offer to the email address provided to us, which includes the text of the contract—in particular, details regarding the service, including a reserved appointment, the price of the service, and our General Terms and Conditions. We are bound by our offer for five calendar days from the date of its dispatch, but no longer than 24 hours prior to a reserved appointment for the service. If we have not received a declaration of acceptance from the customer by the time the deadline expires, the offer expires.

(4) The contract is not concluded until we receive a declaration of acceptance from the customer, which may only be submitted in writing (letter, fax, email). We will confirm the conclusion of the contract to the customer via email.

§ 3 Prices, Terms of Payment and Performance, Set-off, and Retention of Title

(1) The prices for our services are published on our website, in brochures, and in other promotional materials, and are posted on a price board in the entrance area of the pool.

(2) The agreed-upon prices include the applicable value-added tax.

(3) Price changes are permitted if more than four months elapse between the conclusion of the contract and the agreed performance date. If, in such cases, wages or material costs change between the conclusion of the contract and the provision of services, we are entitled to adjust the price appropriately in line with the cost increases or decreases. The customer is entitled to withdraw from the contract if a price increase exceeds the rise in the general cost of living between the order and delivery by more than a negligible amount.

(4) For services provided in the sauna area (e.g., sauna rituals), the admission fee for the sauna area, as specified in the current price list, must be paid in addition to the price of the service.

(5) For each reminder letter sent after the due date has passed, we may charge the customer a flat fee of 4.50 euros as compensation for damages resulting from the delay. The customer is free to prove that the damages were less than this amount or that no damages were incurred at all.

(6) The customer is entitled to set-off only if his counterclaims have been legally established, are undisputed, or have been acknowledged by us.

(7) A contractor’s right of retention is excluded unless his counterclaim arises from the same contractual relationship and is undisputed or has been established by a final and binding judgment.

(8) We are not obligated to perform until the customer has fulfilled its obligation.

§ 4 Customer's Contractually Granted Right to Withdraw

(1) Subject to the following conditions, we grant the customer a contractual right of withdrawal up to 24 hours before the agreed start of service provision.

(2) The date on which we receive the notice of withdrawal is decisive; such notice may only be submitted in writing (letter, fax, email).

(3) In the event of cancellation, we are entitled to reasonable compensation in the form of a flat-rate cancellation fee, taking into account the expenses typically saved and the typical alternative use of the services. You may cancel free of charge up to 48 hours before arrival.

For cancellations made up to 24 hours before the agreed-upon start time of the service, the cancellation fee is 80% of the service price, with a minimum of 10 euros.

Cancellation Policy for Stays at the Am Bühlwald Vacation Apartments.

You may cancel free of charge up to 30 days before the agreed-upon start date of service. If you cancel up to 24 hours before the service is provided, we will charge 80% of the total price. After that, or if you do not use the service, we will charge 100% of the total price.

(4) Failure to use a service without providing us with a notice of cancellation shall not be considered a cancellation. In this case, the customer is obligated to pay the full agreed-upon price, just as in the case of a cancellation not made within the specified time frame.

(5) The customer is free to prove that, as a result of the cancellation, we incurred no expenses or expenses lower than the cancellation fee.

(6) If multiple services have been agreed upon, the following applies: The start date for the provision of services is determined by the schedule for the first service to be rendered. A separate notice of withdrawal must be submitted for each service.

(7) The right to withdraw from the contract does not apply to certain parts of the services.

§ 5 Withdrawal by the Provider

We are entitled to withdraw from the contract for good cause by providing written notice to the customer, in particular if:

the service description underlying the contract specifies a minimum number of participants that is not reached 24 hours before the scheduled event;

it is unreasonable to expect us to perform the service because the economic threshold of sacrifice has been exceeded due to circumstances beyond our control;

the performance of the service is significantly impeded, jeopardized, or impaired as a result of force majeure that could not have been foreseen at the time the contract was concluded;

the customer or a third party has filed a petition to open insolvency proceedings with respect to the customer’s assets, has submitted an affidavit pursuant to § 807 of the German Code of Civil Procedure (ZPO), or insolvency proceedings have been opened with respect to the customer’s assets, or the opening of such proceedings has been denied due to lack of assets.

The customer will be promptly refunded any amount already paid for the service.

§ 6 Liability

(1) The customer’s claims for damages are excluded. This does not apply to the customer’s claims for damages arising from injury to life, limb, or health, or from a breach of material contractual obligations (cardinal obligations), as well as liability for other damages resulting from an intentional or grossly negligent breach of duty by the provider, its legal representatives, or its agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.

(2) In the event of a breach of material contractual obligations, the Provider shall be liable only for foreseeable damages typical for this type of contract if such damages were caused by simple negligence, unless the Customer’s claims for damages arise from injury to life, body, or health.

(3) The limitations set forth in paragraphs 1 and 2 also apply in favor of the Provider’s legal representatives and agents if claims are asserted directly against them.

(4) The provisions of the Product Liability Act remain unaffected.

§ 7 Conditions for Treatment/Massage

(1) Before each treatment or massage, the client must fill out a medical history form. Any known medical conditions or other relevant circumstances—such as allergies, physical limitations, pressure-sensitive or hypersensitive skin, pregnancy, or other issues—must be indicated on the medical history form and disclosed to the staff prior to the treatment. If there is a contraindication, the treatment or massage cannot be performed.

(2) The treatment/massage is intended to promote relaxation, relieve tension, and stimulate the body’s natural healing processes. In some cases, reactions such as mild “muscle soreness” and skin redness may occur. The substances used generally do not cause skin irritation.

(3) We are liable to the customer in all cases of contractual and non-contractual liability for intentional acts and gross negligence, in accordance with statutory provisions, for damages or reimbursement of futile expenses.

(4) In all other cases—unless otherwise provided in paragraph 3—we shall be liable only for a breach of a contractual obligation whose fulfillment is essential to the proper performance of the contract and on whose fulfillment the customer may reasonably rely (a so-called cardinal obligation), and such liability shall be limited to compensation for foreseeable and typical damages. In all other cases, our liability is excluded, subject to the provision below.

(5) Our liability for damages resulting from injury to life, body, or health, and under the Product Liability Act, remains unaffected by the foregoing limitations and exclusions of liability.

(6) If, despite proper use, skin or other physical reactions occur—and, if applicable, resulting damages—that are attributable to a customer’s failure to disclose grounds for exclusion, we are exempt from any liability unless the grounds for exclusion were obviously apparent to us. The same applies to reactions and any resulting damages that arise because a grounds for exclusion was unknown to the customer and not apparent to us.

§ 8 Applicability of the House, Pool, and Sauna Rules

The house, pool, and sauna rules of Badegärten Eibenstock GmbH apply to all customers. They are posted in the foyer of the Badegärten and in the hotel hallway leading to the pool.

§ 9 Notice of Right of Withdrawal

(1) Consumers generally have a statutory right of withdrawal when entering into a distance sale, and the seller provides information on this right below in accordance with the statutory model. Exceptions are set forth in § 9. A model withdrawal form is provided in paragraph (2).

(2) In accordance with the law, the provider provides the following information regarding the model cancellation form:

Sample Cancellation Form

(If you wish to cancel the contract, please fill out this form and return it.)

To

Badegärten Eibenstock, LLC

3 Am Bühl

08309 Eibenstock

Fax: 037752/50711

Email: mail@badegaerten.de

— I/we (*) hereby cancel the contract I/we (*) entered into for the purchase of the following goods (*)/the provision of the following

Service (*)

— Ordered on (*)/received on (*)

— Name of the consumer(s)

— Address of the consumer(s)

— Signature of the consumer(s) (only for written notices)

— Date

(*) Delete as appropriate

§ 10 Exclusion of the Right of Withdrawal

Pursuant to the statutory provisions (§ 312g(2) BGB), the right of withdrawal applies to contracts concluded outside of business premises and to distance contracts, but does not apply to the following contracts:

Contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive, or that are clearly tailored to the consumer’s personal needs,

Contracts for the delivery of goods that are likely to spoil quickly or whose expiration date would be quickly exceeded,

Contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been broken after delivery,

Contracts for the delivery of goods, if, after delivery, such goods have become inseparably mixed with other goods due to their nature,

with the exception of contracts for travel services pursuant to § 651a of the German Civil Code (BGB), contracts for the provision of services in the areas of lodging for purposes other than residential purposes, the transportation of goods, motor vehicle rentals, the delivery of food and beverages, and the provision of other services related to recreational activities, provided that the contract specifies a specific date or period for the provision of such services.

(Note: The statutory list has not been reproduced in full above, but only to the extent that it applies to our services.)

§ 11 Information on Data Processing

(1) The Provider collects customer data in connection with the fulfillment of contracts. In doing so, the Provider complies in particular with the provisions of the Federal Data Protection Act and the Telemedia Act. Without the customer’s consent, the Provider will collect, process, or use the customer’s personal and usage data only to the extent necessary for the fulfillment of the contractual relationship and for the use and billing of telemedia services.

(2) Without the customer's consent, the provider will not use the customer's data for advertising, market research, or opinion polling purposes.

§ 12 Final Provisions

(1) Contracts between the Provider and the Customers are governed by the laws of the Federal Republic of Germany, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. The statutory provisions regarding restrictions on the choice of law and the applicability of mandatory provisions—in particular those of the country in which the Customer, as a consumer, has his or her habitual residence—remain unaffected.

(2) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider shall be the provider’s place of business.

(3) Even if individual provisions of this contract are legally invalid, the remaining provisions shall remain binding. The invalid provisions shall be replaced by the applicable statutory provisions, if any. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.

As of February 12, 201