Terms & Conditions

Stand: January 2023

Download General Terms and Conditions (pdf)

1. Scope

The following provisions apply to package travel contracts to which the provisions of §§ 651a ff BGB apply directly to the travel contract. The provisions, to the extent effectively agreed, become the content of the package travel contract concluded between the customer and Sächsische Staatsbäder GmbH, Badstraße 6, 08645 Bad Elster (hereinafter referred to as SSB). They supplement and complete the legal provisions of Sections 651 a to y BGB and Articles 250 and 252 EGBGB.

The application of German law applies, with the proviso that the customer also enjoys the protection of the mandatory provisions of the law that would apply without this clause in accordance with Article 6 Paragraph 2 of the Rome I Regulation.

2. Conclusion of contract

(1) By submitting the booking request, the customer offers SSB to conclude a contract. Bookings can be made verbally, in writing, by telephone, fax or electronically (e-mail, internet).
(2) The following applies to electronic bookings: SSB immediately confirms receipt of the booking electronically. This confirmation of receipt does not constitute confirmation of acceptance of the booking order. Submitting the travel registration by confirming the “book for a fee” button does not constitute the customer’s right to the conclusion of a contract. The contract is only concluded when the customer receives the travel confirmation, which is on a durable data medium. If the travel confirmation is made immediately after confirming the “book for a fee” button by immediately displaying the travel confirmation on the screen, the travel contract is concluded with the display of this travel confirmation. In this case, no interim notification of receipt of the booking is required.
(3) The contract is otherwise concluded upon acceptance by SSB. Acceptance requires no specific form. Upon or immediately after conclusion of the contract, SSB will provide the customer with a booking confirmation.
(4) If the content of the booking confirmation differs from the content of the booking request submitted, this represents a new offer from SSB, to which it is bound for a period of 10 days. The contract is concluded on the basis of this new offer if the customer declares acceptance within the commitment period through confirmation, down payment or final payment.
(5) The customer is responsible for all contractual obligations of travelers for whom he makes the booking, as well as his own, to the extent that he has assumed this obligation by express and separate declaration.
(6) The pre-contractual information obligations given by the SSB about essential characteristics of the travel services, the travel price and all additional costs, the payment modalities and the cancellation fees (according to Art. 250 § 3 No. 1,3 to 5 and 7 EGBGB) will only then not be fulfilled Part of the travel contract, provided this is expressly agreed between the parties.
(7) It should be noted that for all booking types mentioned above, due to the legal provision of Section 312 g Paragraph 2 Sentence 1 No. 9 BGB, there is no right of withdrawal for package travel contracts that were concluded via distance selling after the contract has been concluded. Withdrawal and termination of the contract, however, are possible taking into account the provisions in sections 5 and 8.

3. Performance obligation

(1) The type and scope of the services owed by SSB can be found in the booking confirmation in conjunction with the brochures valid at the time the contract is concluded and the service descriptions, notes and explanations contained therein.
(2) Cost coverage declarations from health insurance companies or doctor's referral forms cannot be used as part of package deals booked.

(3) The flat rate is shown in the invoice for package offers. No specific invoice can be issued for individual services included in the package deal.
(4) To provide the services agreed in detail in the contract, SSB may, among other things, use third parties as service providers who are neither integrated into the SSB organization nor subject to its management rights, but are legally and economically independent (e.g. doctor, hotel, Restaurant).

4. Start of the trip and due date of the travel price

(1) Payments on the travel price before the end of the trip may only be requested and accepted if there is an effective customer money protection contract and the traveler is given the security certificate with the name and contact details of the customer money protector in a clear, understandable and highlighted manner within the meaning of Section 651 r Paragraph 4 BGB and Article 252 EGBGB was handed over. After conclusion of the contract, a deposit of 20% of the travel price is due upon delivery of the security certificate. The remaining payment must be made 30 days before the start of the trip, provided the security certificate has been issued.
(2) If payment is not possible 30 days before the start of the trip in accordance with paragraph 1 sentence 1 due to a short-term booking by the customer, the travel price must be paid at the start of the trip or a booking voucher confirmed by the transferring credit institution must be presented.
(3) Costs of payment transactions that arise within the sphere of the customer, exclusively the customer (e.g. foreign transfer fee).
4) If the customer does not make the down payment and the payment of the remaining amount of the travel price in accordance with the agreed payment due dates, although SSB is ready and able to properly provide the contractual services, has fulfilled its legal information obligations and the customer has no legal or contractual right of retention , SSB is entitled to withdraw from the travel contract after a reminder with a deadline and to charge the customer with cancellation costs.

5. Performance change

(1) Deviations from essential characteristics of travel services from the agreed content of the travel contract, which become necessary after conclusion of the contract and which were not brought about by SSB in bad faith, are only permitted before the start of the trip if the deviations are not significant and the entire layout not affect the booked trip.
(2) SSB is obliged to inform the customer about service changes and service deviations immediately after becoming aware of the reason for the change on a durable data medium in a clear, understandable and highlighted manner.
(3) In the event of a significant change to an essential feature of a travel service or a deviation from special requirements, the customer is entitled either to accept the change within a reasonable period of time or to withdraw from the travel contract free of charge or to demand participation in a replacement trip if SSB provides such offered a trip. The customer has the choice to respond to the message or not. If the customer does not respond to SSB or does not respond within the statutory deadline, the notified change is deemed to have been accepted. The customer must be informed about this in a clear, understandable and highlighted manner in connection with the notification of changes.
(4) Any warranty claims remain unaffected if the changed services have defects. If SSB had lower costs for carrying out the changed trip or replacement trip with equivalent conditions, the difference must be reimbursed to the customer in accordance with Section 651m Paragraph 2 of the German Civil Code (BGB).

6. Withdrawal from the contract

(1) The customer can withdraw from the travel contract at any time before the start of the trip. The decisive factor is the receipt of a declaration of withdrawal by the SSB. The customer is recommended to declare the withdrawal on a durable medium.
(2) If the customer withdraws from the travel contract or does not start the trip, SSB can demand appropriate compensation for the precautions and expenses made, provided that the withdrawal is not the responsibility of SSB or is unusual at the destination or in its immediate vicinity Circumstances arise that significantly affect the execution of the trip or the transport of people to the destination. According to Section 651 h Paragraph 3 Sentence 2 BGB, circumstances are unavoidable and exceptional if they are not within the control of the SSB and their consequences could not have been avoided even if all reasonable precautions had been taken. The amount of compensation is based on the travel price less the value of the costs saved by SSB and less what SSB acquires through other use of the travel service. The compensation will be calculated after the time of receipt of the cancellation declaration in a percentage of the travel price as follows:
* up to 30 days before departure: 20% of the travel price
* up to 14 days before departure: 30% of the travel price
* up to 7 days before departure: 50% of the travel price
* from 6 days before the start of the trip and if you do not show up: 75% of the travel price
(3) The customer reserves the right to prove that the appropriate compensation to which SSB is entitled is significantly lower than the flat rate compensation demanded by it.
(4) As a result of a withdrawal, SSB is obliged to refund the travel price immediately but in any case within 14 days of receipt of the declaration of withdrawal. § 651e BGB remains unaffected by the above conditions.

7. Substitute travelers

Within a reasonable period of time, the customer can request on a durable data medium that a third party assume the rights and obligations arising from the travel contract instead, provided that the third party meets the special requirements and there are no legal regulations or official orders to the contrary. The customer and the third party entering into the contract are jointly and severally liable for the price and the additional costs arising from the entry. The declaration is in any case timely if it is received by SSB no later than seven days before the start of the trip. The SSB may demand reimbursement of additional costs if and to the extent that these are reasonable and actually incurred by it.

8. Reclassifications

(1) The customer is not entitled to make changes to the travel date, travel destination, place of departure, accommodation or mode of transport after conclusion of the contract. This does not apply if the rebooking is necessary because SSB has provided the customer with no, insufficient or incorrect pre-contractual information in accordance with Art. 250 § 3 EGBGB. In this case, the rebooking is possible free of charge.
(2) SSB will endeavor to make requested rebookings up to 30 days before the start of the trip, subject to availability, upon payment of a processing fee of €35 per person per rebooking; The customer will bear any additional costs for the rebooked trip. Any further rebooking requests will be charged €50 per person per rebooking. Later rebookings are only possible after withdrawing from the travel contract in accordance with Section 6 and re-registering at the same time.

9. Unused services

If the customer does not make use of individual services which SSB was willing and able to provide in accordance with the contract and which were properly offered to him, for reasons attributable to him (e.g. due to early return, due to other compelling reasons), he has is not entitled to a proportional refund of the price, unless such reasons would have entitled him to withdraw or terminate the contract free of charge in accordance with the statutory provisions.
The SSB will endeavor to reimburse the saved expenses from the service providers. This obligation does not apply if the expenses are completely insignificant.

10 Customer’s warranty rights

(1) The customer is obliged to immediately report his complaints/defects to SSB so that they can remedy the situation. If the trip is not free of travel defects, the customer can request remedial action. If SSB was unable to remedy the situation as a result of a culpable failure to report the defect, the customer cannot assert claims for a reduction in price according to Section 651 m of the German Civil Code (BGB) or claims for damages according to Section 651 n of the German Civil Code (BGB).

(2) If essential components of the trip cannot be carried out as agreed after the start of the trip, the customer must be offered appropriate other arrangements/services at no additional cost.
(3) The customer is entitled to a price reduction and/or compensation if travel services were not provided properly despite his request for redress.
(4) The customer can send his requests for remedial action, notifications of defects, setting deadlines for remedial action and declarations of termination daily from 9 a.m. to 17 p.m. to the SSB sales department, in Bad Elster, Badstrasse 6 or Tel. 037437-71111 or in Bad Brambach, Badstrasse 47, or Tel. 037438 – 88111 or send it to info@saechsische-staatsbaeder.de.
(5) The customer is obliged to cooperate in the event of service disruptions within the framework of the statutory provisions and to do everything reasonable to avoid damage, keep it to a minimum and contribute to resolving the disruption.
(6) If the stay is significantly impaired as a result of a defect of the type described in Section 651 i Paragraph 2 BGB, the customer can terminate the contract in accordance with Section 651 l BGB. Termination is only permitted if SSB has allowed a reasonable period specified by the customer to elapse without providing remedial action. There is no need to set a deadline if remedial action is impossible or is refused by SSB or if termination of the contract is justified by the customer's particular interest.
(7) The SSB refers to the obligation to provide assistance in accordance with Section 651 q BGB, according to which the customer must be provided with appropriate assistance immediately in the event of difficulties in accordance with Section 651 k Paragraph 4 BGB or for other reasons, in particular by

a) Providing appropriate information about health services, local authorities and consular assistance

b) Support in establishing long-distance communication connections and

c) Support in finding other travel options. Section 651k Paragraph 3 of the German Civil Code (BGB) remains unaffected.

11. Assertion and limitation of claims, consumer dispute resolution

(1) The customer must assert claims according to Section 651 i Paragraph 3 Nos. 2 to 7 BGB to SSB. It is recommended that the claim be made on a durable medium.
(2) The customer can assert claims due to travel defects within two years. The limitation period begins on the day on which the package tour was supposed to end according to the contract.
(3) With regard to the law on consumer dispute resolution, the SSB points out that the SSB does not take part in voluntary consumer dispute resolution. If consumer dispute resolution becomes obligatory for the tour operator after these travel conditions have been printed, SSB will inform the customer about this in an appropriate form. The SSB points to the European online dispute resolution platform for all travel contracts concluded via electronic legal transactions ec.europa.eu/consumers/odr/ out.

12. Limitation of liability

(1) SSB's liability for damages that 1. are not bodily harm and 2. were not caused culpably is limited to three times the travel price.
(2) Possibly additional claims under international agreements or legal regulations based on such agreements remain unaffected by the restriction. . These maximum liability amounts apply per participant and booked service. SSB is not liable for service disruptions, personal injury and property damage in connection with services that are only provided as third-party services if these services are expressly identified as third-party services in the travel advertisement and booking confirmation and state the identity and address of the contractual partner provided so clearly that they are clearly not part of SSB's travel services and have been selected separately. Sections 651 b, 651 c, 651 w and 651 y BGB remain unaffected by this. However, SSB is liable if and to the extent that the guest's damage was caused by a breach of SSB's information, information or organizational obligations. Claims based on international agreements or legal regulations based on such agreements remain unaffected by the restriction.

13. jurisdiction

The customer can only sue the tour operator at its registered office. The customer's place of residence is decisive for actions by SSB against the customer or another travel participant, unless the action is directed against registered traders or persons who have moved their place of residence or usual place of residence abroad after conclusion of the contract, or whose place of residence or habitual residence is not known at the time the action is filed. In these cases, the seat of the SSB is decisive. Neither applies unless international agreements stipulate otherwise.

Privacy Policy

The personal data provided by the customer will be processed to establish, implement and terminate the contract. This also includes customer support, provided this is related to the purpose of the contract. The transmission of personal data to third parties (e.g. accommodation providers) to fulfill the contract is permitted. Basically, the following data is transmitted: first and last name, address. In the run-up to a contract (contract initiation), the processing of personal data is permitted to create offers, prepare contracts or to fulfill other wishes of the interested party aimed at concluding a contract.

15. Vouchers

Unless the statute of limitations has expired in accordance with the statutory regulations (BGB), the vouchers issued by SSB (multi-purpose vouchers within the meaning of Section 3 Paragraph 15 UStG) are accepted as a means of payment. Vouchers should - if possible - be redeemed at SSB within one year from the date of purchase. Payout of the voucher value or remaining amounts is excluded.

16. Invalidity of Individual Provisions

The invalidity of individual provisions of the travel contract or the above provisions does not result in the invalidity of the entire travel contract or the above provisions. The parties undertake to make a regulation that comes closest to the content and purpose of the invalid provision.

Saxon State Baths GmbH

General Terms and Conditions of Sale (GTC) for the online sale of individual applications of Sächsische Staatsbäder GmbH (SSB)