General terms and conditions
General terms and conditions for package holidays at the Eisenmoorbad Bad Schmiedeberg-Kur-GmbH for contracts starting from 01 July 2018 on
The following general terms and conditions shall form a part of the package-holiday contract between the guest and Eisenmoorbad Bad Schmiedeberg-Kur-GmbH (in the following referred to as EMBS) provided that these have been effectively agreed upon.
The package holiday law is regulated in §§ 651 a-y BGB (Bürgerliches Gesetzbuch) [German Civil Code] and in Articles 250 and 252 of the EGBGB (Einführungsgesetz zum BGB) [Introductory Act to the German Civil Code]. The General Terms and Conditions of EMBS make reference to these statutory regulations and supplement them with additional regulations in a permissible way.
Please read these terms and conditions carefully before making your booking!
In its General Terms and Conditions, EMBS uses the term of address: Guest. This term of address denotes natural persons as well as entrepreneurs or legal entities of public law, as applicable.
- Closing of the package holiday contract
1.1 The services offered by EMBS are based on package holiday offers (catalogue, fliers, EMBS website) and supplementary information of EMBS for each respective health resort package or for the respective service offered.
1.2. Details regarding EMBS services found in catalogues or online portals which are not authored or published by EMBS are not binding with respect to EMBS unless EMBS declares itself to be in agreement with the provision of services.
1.3. The guest can sign up for the holiday orally, by telephone, in writing, by letter, by e-mail or by fax. By sending the filled-in and signed registration coupon, the registration becomes a binding offer.
1.4. A guest who carries out the booking for other fellow travellers is liable for the contractual obligations of the fellow travellers just as he/she is for his/her own obligations, provided that he/she has specifically and expressly declared this to be so.
1.5 Accepting the offer is carried out by sending an invoice either in a paper format or by e-mail. The invoice also serves as the holiday confirmation. This concludes the package holiday contract.
1.6 If the content of the invoice differs from the content of the registration coupon, then this comprises a new offer from EMBS, to which they are bound for a period of ten days.
- Right of revocation notice
2.1. EMBS points out that no right of revocation exists in the case of contracts that were concluded by means of telecommunication media (letters, telephone, e-mails, fax) as per § 312g (2) Sentence 1 No. 9 of the BGB (German Civil Code), but rather that only the statutory right of withdrawal and cancellation shall apply, in particular the right of withdrawal as per § 651h BGB; see Point 10 of these General Terms and Conditions for more information on this point.
2.2. If the guest is a natural person who books a holiday privately, a right to revocation exists if the package holiday contract was concluded outside of the premises of EMBS, unless that oral negotiations had been conducted at the request of the guest.
- Data protection
Our statements regarding protecting guests' data can be found in our data protection notice.
- Ability to undergo rehabilitative treatment or to travel
In order to be able to use our facilities, it is imperative that the ability to undergo rehabilitative treatment or to travel exists. The guest must be able to self-sufficiently dress and undress, partake in meals as well as find treatment rooms and the dining room. Should nursing care be required, the guest can hire an outpatient nursing service.
- Determination of therapy intolerance
Despite the fact that doctors inspect the medical information form before commencement of the holiday, a change of the health condition or an illness which was not listed on the form might result in our doctors' determining that a certain therapy or therapies might not be able to be administered to the guest from a medical point of view. In such a case, EMBS will offer an equivalent replacement therapy. Should this not be possible, EMBS will offer a rebooking to another treatment programme, as equivalently as possible. A rebooking fee as per Point 11 will not be charged. Should the new treatment programme be lower priced than the originally booked programme, the guest will then receive the difference. Should the new treatment programme cost more than the originally booked programme, then these additional costs should be paid to EMBS. Should the guest not want to accept the replacement offer, EMBS will not lose its claim to the package price. They must however offset the price for treatments not performed with other services in the package. With respect to therapy intolerance, the regulations listed under Point 8.2 or §§ 651i to 651 n BGB shall not apply here since this does not lie within the sphere of EMBS.
- Package price
The prices of EMBS which are currently valid at conclusion of contract shall apply.
7.1. With the invoice for the package, the guest also receives a risk coverage certificate. This risk coverage certificate confirms that an effective customers' money hedge agreement exists between EMBS and a third party. Upon receiving the risk coverage certificate, EMBS is entitled to charge advance payments.
7.2 Upon receiving the invoice, the guest is obliged to pay 10% of the package price within the time period stated on the invoice. The period of time for the payment of the remainder shall also be stated on the invoice and must be noted by the guest.
7.3 Concluding a contract within three weeks before begin of the holiday obliges the guest to immediately pay the entire holiday package price upon receiving the invoice and the risk coverage certificate.
7.4 If the guest does not carry out the advance payment and/or balance payment within the stated time periods without reason, then EMBS is entitled to withdraw from the contract and to enforce cancellation charges as per No. 10.1.
- Modifications in service
8.1 Insignificant modifications in service before the holiday package begins, unilateral possibility to make changes by EMBS
Modifications or deviations of individual services with respect to the content of the holiday package contract, which result after conclusion of the contract and which are not carried out by EMBS contrary to good faith are only permitted to the extent that the modifications or deviations are not significant and do not affect the overall arrangements of the booked holiday. EMBS must notify the guest of these modifications before the holiday begins in the form of a paper document or e-mail in a clear and highlighted manner. The right to claim any travel deficiencies remains unaffected.
8.2 Significant changes in service before holiday's begin which lie in the sphere of EMBS
In the case of significant changes in service, EMBS can offer the guest a change to the contract or a replacement holiday by means of a paper document or e-mail before the holiday begins. The replacement holiday may be more expensive than the holiday that was originally booked.
In this case, EMBS must inform the guest as per Article 250 § 10 EGBGB [introductory law to the German Civil Code]. The guest is granted an appropriate time period by EMBS. However, the guest also has the right to withdraw from the contract during this time period. Should the guest not declare during this time period that he/she does accepts the contractual changes or replacement offer and also does not declare his/her withdrawal, it is assumed that the contractual changes or replacement holiday shall take place. Should the holiday with the contractual changes or the replacement holiday not be of an equal quality when compared to the originally owed holiday or if the replacement holiday is associated with lower costs for EMBS than the original holiday, then EMBS must refund the additional amount. If the guest withdraws from the contract, then EMBS loses its claim to the agreed upon travel package price. In addition, the further regulations of § 651g (3) Sentence 1 BGB [German Civil Code] shall apply with respect to the withdrawal from the contract.
- Substitute travellers
Before the begin of the holiday within a reasonable period of time, the guest can request via a paper document or via e-mail that a third party can enter into the travel package contract, taking his/her place. EMBS can object to the change in person of the guest if the third party does not fulfil the travel package requirements or if statutory regulations or official stipulations are opposed to this. The guest and the third party entering into the contract are liable as co-debtors for the price of the travel package and for the additional costs arising due to the guest entering into the contract. A processing fee amounting to € 25.00 shall be charged for the rebooking. The guest retains his/her right to prove that lower or no rebooking costs have arisen. Additional costs for the rebooking shall only be charged to the extent that they are reasonable and have actually in fact arisen. The guest shall receive a verification regarding the amount of the additional costs.
- Withdrawal before begin of holiday
10.1 The guest can withdraw from the holiday at any time before the holiday begins. The decisive point is that EMBS receives a statement of withdrawal. The guest is advised to make this declaration in writing. Should the guest withdraw from the holiday or should he/she not take part in the holiday, then EMBS is entitled to demand reasonable compensation. In general, EMBS demands compensation according to the following outline:
- up to 30 days before begin of the holiday free of charge
- from 29th to 22nd day before begin of the holiday 25% of the package price
- from 21st to 15th day before begin of the holiday 35% of the package price
- from 14th to 7th day before begin of the holiday 50% of the package price
- from 6th to 1st day before begin of the holiday 55% of the package price
- if the guest fails to appear 75% of the package price
The guest retains the right to prove that EMBS did not suffer any damages or damages of significantly lower value than the costs charged in the general damage compensation scale.
10.2 EMBS cannot demand compensation if unavoidable, extraordinary circumstances arise at the place of destination or in the immediate vicinity thereof, which significantly influence the execution of the travel package or the transportation of people to the destination. Circumstances are unavoidable and extraordinary if they do not lie within the control of the party invoking this and if the consequences could not have been avoided if all reasonable precautions have been undertaken.
In general, the guest does not have the right to rebook the package after concluding the contract, e.g. regarding the date of the travel package or accommodation. If a rebooking by EMBS is possible and reasonable, then it shall be carried out for a general rebooking fee of €25.00. The guest shall retain the right to prove that lower or no rebooking costs have arisen. If higher rebooking costs should result for EMBS than are covered by the general fee, then the guest must be informed of these in advance. The guest has the right to demand a verification regarding the higher processing costs or damage compensation costs, which must be set at a reasonable amount.
- Interruption of holiday and services not utilised by the guest
If the holiday is interrupted after it has commenced or if package services are not utilised, and if the reasons for this are located within the sphere of the guest, e.g. due to illness, then there will be no reimbursement of the services which were not utilised except in cases where EMBS saves expenses, gains something by another utilisation of the travel services or receives a reimbursement from other service providers.
- Travel insurance
To avoid financial loss, the guest should take out a travel cancellation expenses insurance policy. Furthermore, the guest has the possibility to take out an insurance policy to cover the costs associated with transportation back home in the case of accident, illness or death.
- Withdrawal of EMBS before commencement of holiday
14.1 Shortfall of minimum number of participants
If fewer people have signed up for the holiday than the minimum number of participants as stated in the contract, EMBS can withdraw from the travel contract within the time period set out in the contract, at the latest, however, by
- a) 20 days before commencement of the holiday in the case of a holiday lasting more than six days,
- b) seven days before commencement of holiday in the case of a holiday lasting at least two and at most six days,
- c) 48 hours before commencement of holiday in the case of a holiday lasting less than two days.
14.2 Extraordinary circumstances
EMBS can also withdraw from the contract in the case of extraordinary circumstances (for a definition, see Point 10.2. Sentence 2) which prevent the contract from being executed. The withdrawal must be declared immediately.
14.3 Consequences of the withdrawal
In the case of a withdrawal as per 14.1. or 14.2., EMBS loses its claim to the agreed upon travel package price.
- Cancellation by EMBS after commencement of holiday
15.1 If the guest is not capable of taking part in the rehabilitation or holiday as per Point 4 and if the continued performance of the holiday cannot be realised immediately by means of a nursing service or an accompanying person, then EMBS can cancel the contract immediately after giving notification with a reasonable deadline. EMBS shall support the guest to organise his/her journey home.
15.2 EMBS can terminate the travel contract if the guest continually disturbs the performance of the holiday regardless of having received a warning by the Eisenmoorbad or if he/she behaves contrary to the contract to such a degree that the immediate cancellation of the contract is justified.
15.3 If EMBS cancels in the case of Clauses 1 and 2, they retain their claim to the travel package price, but must offset the value of the expenses saved as well as the advantages which they gain due to other uses of the services which were not utilised, including any reimbursements from service providers. Any other damage claims remain unaffected.
- Obligations and rights of the guest in the case of travel deficiencies
16.1 The guest must report travel deficiencies to EMBS immediately. If no reporting takes place and EMBS is therefore not able to provide a remedy, then the guest cannot demand a reduction in price and/or compensation.
16.2 The individual rights of the guest in the case of travel deficiencies are set out in § 651i (3) Sentence 1 No. 1-7 BGB [German Civil Code] and the conditions of the rights are listed in §§ 651 i to 651 o of the BGB.
The most important of these:
If the guest demands that a deficiency be remedied, then it must be redressed by EMBS. If redressing is impossible or only associated with unreasonable costs, then EMBS can refuse to remedy the situation. If EMBS cannot refuse the remedy and if the guest has stated a reasonable deadline to redress the deficiency and this deadline has passed without the remedy, then the guest can remove the deficiency himself/herself and demand a reimbursement for his/her expenses. If EMBS can refuse the remedy or if there is a considerable deficiency, then EMBS must offer a substitute service of equal value compared to the original service due. If a substitute service cannot be offered, then EMBS shall grant a reasonable reduction of the travel price. If the guest refuses the substitute service as being not equivalent or if EMBS cannot offer a substitute service, then EMBS retains its claim to the travel price with respect to services already carried out and still to be carried out. The travel price with respect to services which will not be carried out will be reimbursed to the guest provided that he/she has already paid this. Furthermore, the additional laws as per § 6511 (2) and (3) BGB [German Civil Code] shall apply.
16.2.2 Termination: If the holiday is affected to a considerable degree by a deficiency, the guest can terminate. The termination shall only be effective if EMBS has not redressed a deficiency within a reasonable time period.
16.2.3 Reduction: The guest can reduce the travel price for the time period of the deficiency.
16.2.4 Compensation: Compensation as per § 651n BGB can be demanded in addition to price reduction and termination.
16.3 Addressee of deficiency reports
Deficiencies can be reported to our reception. In addition, the guest can direct his/her complaints to the Eisenmoorbad Bad Schmiedeberg-Kur-GmbH, Kurpromenade 1, 06905 Bad Schmiedeberg, Germany; e-mail: firstname.lastname@example.org, Tel.: 034925 6-0, Fax: 034925 6-29 00.
- Limitation of liability
The contractual liability of EMBS for damages, provided that these are not physical injuries, is limited to three times the travel price as long as a damage to a guest was not intentionally or negligently caused. The same applies as long as EMBS is solely responsible for damages arising to a guest due to the fault of a supplier.
EMBS is not liable for damages arising in conjunction with services which were procured as outside services and are clearly labelled as such in the description of services. EMBS is not liable for damages, illness, accident or loss of objects which were caused by culpable conduct on the part of the guest.
- Statute of limitations of claims
The claims described in § 651 i (3) and in Points 16.2.1.-16.2.4., but not including physical injury, come under the statute of limitations in two years. The statute of limitations time period begins with the day in which the package holiday was supposed to end according to the contract.
- Choice of law/court of jurisdiction
The privity of contract between the contracting parties is based exclusively on German law. As a natural person, the guest can only sue EMBS for damages at its registered office. For lawsuits by EMBS against the guest as a natural person, the residence of the guest is decisive. In the case of customers who are entrepreneurs, legal entities of private or public law and in the case of persons whose place of residence/habitual abode lies in another country or whose place of residence/habitual above is not known at the time the suit is filed, it is agreed that the court of jurisdiction is determined by the registered office of EMBS.
- Invalidity of individual provisions
The invalidity of individual provisions shall not affect the invalidity of the entire contract.
- Settlement of consumer disputes
EMBS is not obligated to participate in a dispute settlement process as per the law regarding alternative dispute settlements in consumer matters and shall not participate in this process. EMBS refers to the European online dispute settlement platform http://ec.europa.eu/consumers/odr/ for all travel contracts which were concluded in electronic legal transactions.
These General Terms and Conditions shall apply for all travel contracts which were concluded after 01 July 2018.
Eisenmoorbad Bad Schmiedeberg-Kur-GmbH represented by the Managing Director and Spa Director
Mr. Deddo Lehmann, Kurpromenade 1 06905 Bad Schmiedeberg
Status: July 2018