General Terms and Conditions of the Sächsische Staatsbäder GmbH (SSB)
As of: July 2018
The following Terms and Conditions shall apply for package travel contracts, to which the provisions of §§ 651a ff of the German Civil Code (BGB) about the travel contract apply directly. The Terms and Conditions will become, as far as they have been effectively agreed upon, part of the package travel contract, which will be concluded between the customer and the Sächsische Staatsbäder GmbH, Badstraße 6, 08645 Bad Elster (hereinafter referred to as SSB). They complement and comply with the statutory provisions of §§ 651 a to y of the German Civil Code (BGB) and of articles 250 and 252 of the Introductory Law to the German Civil Code (EGBGB).
It is agreed that German law shall apply, provided that the customer enjoys the protection of the mandatory provisions of the law according to art. 6 section 2 Rome - I- Regulation, which would be applicable without this clause.
2. Conclusion of contract
(1) By submitting a booking request, the customer offers the conclusion of a contract to the SSB. The travel can be booked verbally, in writing, by phone, by fax or electronically (e-mail, internet).
(2) The following shall apply for electronic bookings: The SSB will immediately confirm the receipt of the booking electronically. This confirmation of receipt does not yet represent an acceptance of the booking request. The transmission of the travel registration via confirmation of the button does not constitute a claim of the customer to the effecting of a contract. The contract does not become binding until the customer receives the travel confirmation, which will be submitted on a durable data carrier. If the travel is confirmed immediately after pressing the button “confirm chargeable booking” by the respective immediate display of the travel confirmation on the screen, the travel contract shall become effective with the display of this travel confirmation. An interim notification of the receipt of the booking will also not be necessary in this case.
(3) Apart from that, the contract shall become effective upon acceptance by the SSB. The acceptance does not require any specific form. The SSB will submit a travel confirmation to the customer upon or immediately after the conclusion of the contract.
(4) If the content of the booking confirmation deviates from the content of the submitted booking request, the confirmation shall be deemed as a new offer which is binding for the duration of 10 days. The contract shall become effective on the basis of this new offer, if the customer declares his acceptance within the commitment period by confirmation, advance payment or final payment.
(5) The customer is liable for all contractual obligations of any fellow travellers, for whom he effects the booking, as for his own, provided that he has accepted this obligation by explicit and separate statement.
(6) The pre-contractual information duties of the SSB about essential characteristics of the travel services, the travel price and all additional costs, the payment methods and the cancellation fee (according to art. 250 § 3 no. 1,3 to 5 and 7 of the Introductory Law to the German Civil Code (EGBGB)) will only not become part of the travel contract if this has been explicitly agreed upon between the parties.
(7) We would like to point out that no right of revocation exists for all above-mentioned booking types after the conclusion of the contract in case of package travel contracts which have been concluded for distance selling due to the statutory provision of § 312 g section 2 clause 1 no. 9 of the German Civil Code (BGB). A rescission or termination of the contract, however, are possible in consideration of the regulation in clause 5 and 8.
3. Service obligation
(1) The type and scope of the services owed by the SSB result exclusively from the booking confirmation in connection with the brochures applicable at the time of the conclusion of contract and the service specifications, information and explanations included in the brochures.
(2) Within the framework of booked package offers it is not possible to use cost absorption declarations from health insurances or medical referral notes.
(3) The package price will be indicated on the invoice for package offers. No specified invoice can be issued for individual services of the package offer.
(4) The SSB can commission third parties as service providers for the performance of the individual services agreed upon in the contract, which are neither integrated in the organisation of the SSB nor are subject to the instruction right of SSB, but are legally and economically independent (e.g. doctor, hotel, restaurant).
4. Travel start and due time of the travel price
(1) Payments of the travel price before the end of the travel may only be claimed or accepted, if an effective customer´s money hedging contract exists and the security certificate has been submitted to the traveller with the name and contact data of the customer´s money hedger in a clear, comprehensible and highlighted way according to § 651 r section 4 of the German Civil Code (BGB) and article 252 of the Introductory Law to the German Civil Code (EGBGB). Payment of the travel price shall become due 14 days before the start of the travel (agreed start of service provision), provided that the customer received the booking confirmation and a security certificate has been submitted to him before. Failing which, the payment shall become due upon fulfilment of these conditions, at the latest, however, upon completion of the services.
(2) If the payment 14 days before the start of the travel according to section 1 clause 1 is not possible for the customer due to a short-term booking, the travel price shall be payed upon start of the travel or a voucher confirmed by the transferring credit institution shall be submitted.
(3) Costs for the payment transaction, which arise in the sphere of the customer, shall be borne exclusively by the customer (e.g. international credit transfer fee).
(4) If the customer does not make the advance payment and the payment of the remaining amount of the travel price in accordance with the agreed due dates of the payments, even though the SSB is ready and able to properly provide the contractual services, has fulfilled its statutory information duties and if no legal or contractual retention right exists on the part of the customer, the SSB is entitled to withdraw from the travel contract, after a reminder with a deadline, and to charge the customer a cancellation fee.
5. Changes in services
(1) Deviations of essential characteristics of travel services from the agreed content of the travel contract, which may become necessary after the conclusion of the contract and which have not been induced by the SSB contrary to the principles of good faith and trust, are only permissible before the start of the travel, if the deviations are not substantial and if they do not impede the overall tailored style of the booked travel.
(2) The SSB is obliged to inform the customer of any changes in and deviations of services immediately upon knowledge of the reason for the change in a clear, comprehensible and highlighted way on a durable data carrier.
(3) In the event of a substantial change to an essential characteristic of a travel service or in case of deviations from special provisions, the customer is entitled, after a reasonable deadline, either to accept the change or to withdraw from the travel contract free of charge or to request the participation in an alternative travel if the SSB has offered such a travel. The customer may choose if he wants to react to the notification or not. If the customer does not react or not within the legal deadline, the change shall be deemed as accepted. The customer shall be informed about this in context with the notification of the change in a clear, comprehensible and highlighted way.
(4) Any applicable warranty claims shall remain unaffected, insofar as the changed services are seriously defective. If lower costs were incurred by the SSB for the implementation of the changed travel or of the alternative travel with the same quality, the customer shall be reimbursed for the price difference according to § 651 m section 2 of the German Civil Code.
6. Withdrawal from the contract
(1) The customer may withdraw from the travel contract at any time before the start of the travel. The receipt of the cancellation by the SSB shall be decisive. Customers are advised to notify the SSB of such withdrawal on a durable data carrier.
(2) If the customer withdraws from the travel contract or if he does not commence the travel, the SSB may request reasonable reimbursement for the preparations made and for the expenses, unless the SSB is responsible for the withdrawal or exceptional circumstances occur at the place of destination or its immediate vicinity, which significantly affect the implementation of the travel or the transport of persons to the place of destination. According to § 651 h section 3 clause 2 of the German Civil Code (BGB), circumstances are exceptional and inevitable if they are not under the control of the SSB and if their consequences could not have been avoided even if all reasonable measures had been taken. The amount of the compensation is determined by the travel price minus the value of the costs saved by the SSB and minus the amount the SSB earns by an alternative use of the travel service. The compensation shall be calculated as follows after the date of receipt of the cancellation in a percentage proportion of the travel price:
* up to 50 days before the start of the travel: 10 % of the travel price
* up to 30 days before the start of the travel: 15 % of the travel price
* up to 14 days before the start of the travel: 30 % of the travel price
* up to 7 days before the start of the travel: 50 % of the travel price
* up to 2 days before the start of the travel: 70 % of the travel price
* from 1 day before the start of the travel: 75 % of the travel price
(3) The customer reserves the right to prove that the reasonable compensation to which the SSB is entitled is lower than the claimed compensation lump-sum.
(4) The SSB reserves the right to claim a higher, individually calculated compensation instead of the above-mentioned lump-sum, provided that it can prove that significantly higher expenses than the respectively applicable lump-sum were incurred. In this case, the SSB is obliged to precisely specify and prove the demanded compensation, in consideration of the saved expenses minus the amount the SSB earns by an alternative use of the travel service.
(5) The SSB is obliged to immediately refund the travel price due to a withdrawal, but in any case, within 14 days after the receipt of the notification of the withdrawal.
§ 651 e of the German Civil Code (BGB) shall remain unaffected by the above conditions.
7. Replacement travellers
Within a reasonable time, the customer may request on a durable data carrier that a third party assumes the rights and obligations from the travel contract in his place, provided that this third party meets the special requirements and if this is not in conflict with statutory provisions or official directives. The customer and the third party entering into the contract are jointly and severally liable for the price and the additional costs arising due to the third party entering the contract. At any rate, the notification is given in time, if the SSB receives it not later than seven days before the start of the travel. The SSB may claim reimbursement for additional costs, if and to the extent that these are reasonable and actually incurred by the SSB.
(1) The customer has no claim to changes with regard to the travel date, destination, the place where the travel begins, the accommodation or mode of transport after the conclusion of the contract. This shall not apply if rebooking is necessary, because the SSB has given no, insufficient or incorrect pre-contractual information to the customer according to art. 250 § 3 of the Introductory Law of the German Civil Code (EGBGB); in this case a rebooking is possible free of charge.
(2) Upon request of the customer and with the consent of the SSB it is possible to change dates, the place of performance (Bad Brambach, Bad Elster) or the accommodation at any time after the conclusion of the contract. The SSB reserves the right to charge a rebooking fee of 15 €.
9. Unused services
If the customer does not make use of individual services, for the contractual provision of which the SSB was ready and able and which were offered to him properly, for reasons for which he is responsible (e.g. due to an early return, due to other compelling reasons), he is not entitled to a partial reimbursement of the price, unless such reasons have entitled him to withdraw or cancel the contract free of charge according to statutory provisions.
The SSB shall endeavour to obtain reimbursement for the saved expenses from the service providers. This obligation does not apply in the case of fully insignificant expenses.
10. Warranty rights of the customer
(1) The customer is obliged to inform the SSB immediately of any complaints / defects, so that the SSB is able to provide remedy. If the travel is not performed free from travel deficiencies, the customer may request a remedy. If the SSB was not able to find a remedy due to the culpable failure to submit the notice of defects, the customer may neither assert claims for a reduction of the travel costs according to § 651 m of the German Civil Code (BGB) nor claims for compensation of damages according to § 651 n of the German Civil Code (BGB).
(2) If essential parts of the travel cannot be performed according to the contract after the beginning of the travel, other reasonable arrangements / services shall be offered to the customer without additional costs.
(3) The customer is entitled to a price reduction and / or compensation for damages if travel services have not been performed properly despite his request for remedy.
(4) The customer may address his requests for remedy, notices of defects, fixations of deadlines for remedy and notices of termination every day from 9 – 17 o´clock to the Distribution department of the SSB in Bad Elster, Badstraße 6 or by phone 037437- 71111 or
in Bad Brambach, Badstraße 47, or by phone 037438 - 88111 or to firstname.lastname@example.org.
(5) In case of an interruption of the services, the customer is obliged to cooperate within the framework of the statutory provisions and to take reasonable steps in order to prevent and minimise damages and to achieve an elimination of the interruption.
(6) If the travel is affected considerably due to a deficiency of the kind defined in § 651 i section 2 of the German Civil Code (BGB), the customer may terminate the contract according to § 651 l of the German Civil Code (BGB). The termination is only valid if the SSB allowed a reasonable deadline determined by the customer to expire without offering a remedy. No deadline shall be determined if a remedy is impossible or refused by the SSB or if the termination of the contract is justified by a special interest of the customer.
(7) The SSB refers to the duty of assistance according to § 651 q of the German Civil Code (BGB), according to which reasonable assistance shall immediately be provided to the customer in the event of § 651 k section 4 of the German Civil Code (BGB) or for other reasons in difficulty, in particular by means of
a) the provision of appropriate information on health services, local authorities and consular assistance
b) assistance with the establishment of connections for remote communication and
c) assistance with the search for other travel options.
§ 651 k section 3 of the German Civil Code (BGB) shall remain unaffected in this context.
11. Assertion and limitation period of claims, consumer dispute settlement
(1) The customer shall assert the claims according to § 651 i section 3 no. 2 to 7 of the German Civil Code (BGB) against the SSB. We recommend to assert the claims on a durable data carrier.
(2) The customer may assert his claims due to travel deficiencies within two years. The limitation period begins on the day on which the package travel should have ended according to the contract.
(3) With regard to the act on consumer dispute settlement, the SSB points out, that the SSB does not participate in a voluntary consumer dispute settlement. If a consumer dispute settlement becomes obligatory for the travel agency after these travel conditions have been printed, the SSB shall inform the customer about this in an appropriate form. The SSB refers to the European online dispute settlement platform http://ec.europa.eu/consumers/odr/ for all travel contracts which have been concluded within the scope of electronic legal transactions.
12. Limitation of liability
(1) The liability of the SSB for damages which are 1st no bodily injuries and 2nd have not been caused by negligence shall be limited to three times the price of the travel.
(2) Any additional claims according to international agreements or according to statutory provisions based on such shall remain unaffected by the limitation. The SSB shall not be liable for interruptions of the services, personal injuries and material damages in connection with services which have only been mediated as external services, if these services have been explicitly identified as external services in the travel description and in the booking confirmation indicating the identity and address of the commissioned contractual partner so clearly that it is obvious to the customer that these are not part of the travel services of the SSB and were selected separately. §§ 651 b, 651 c, 651 w and 651 y of the German Civil Code (BGB) shall remain unaffected by this. The SSB shall, however, be liable if and to the extent to which the guest suffers damages as a result of a failure on the part of the SSB to fulfil its obligations to inform, explain and organise.
Claims due to international agreements or due to statutory provisions based on such shall remain unaffected by the limitation.
13. Place of performance and place of jurisdiction
The place of performance is Bad Elster or Bad Brambach depending on the individually agreed place of destination of the travel. The place of jurisdiction of the place of performance shall apply.
14. Data protection
The personal data provided by the customer will be process for the initiation, implementation and termination of the contract. This also includes the support of the customer provided that this is consistent with the purpose of the contract. The transfer of personal data to third parties (e.g. accommodation provider) is permitted for the performance of the contract. In principle, the following data are transferred: first and last name, address.
The processing of personal data before the conclusion of a contract (contract initiation) is permitted for the preparation of offers, the preparation of contracts or for the fulfilment of other requests of the interested party aiming at the conclusion of a contract.
Provided that no limitation period applies according to the statutory regulations (German Civil Code, BGB), the vouchers issued by the SSB will be accepted as means of payment. Vouchers shall – if possible – be redeemed within one year from the purchase date from the SSB. The value of the voucher or residual amounts will not be disbursed in cash.
16. Invalidity of individual provisions
The invalidity of individual provisions of the travel contract or of the above-mentioned provisions does not result in the invalidity of the entire travel contract or of the above-mentioned provisions. The parties undertake to agree upon a regulation which comes closest to the content and purpose of the invalid provision.