General Terms and Conditions of Bad Schinznach AG
I Scope of application
1.1 These General Terms and Conditions, hereinafter referred to as GTC, apply to the contractual relationship between Bad Schinznach AG and its guests and customers and apply to all legal relationships entered into on site regarding the use of the facilities and equipment, services and purchases as well as orders, reservations and purchases made via the online store at www.bad-schinznach.ch or the offers contained on the website. 1.2 By submitting an order or reservation or making a purchase, the guest or customer expressly agrees to these GTC. Deviations from these terms and conditions are not recognized by Bad Schinznach AG or are only effective if an authorized representative of Bad Schinznach AG has confirmed the validity of these deviating terms and conditions in writing. 1.3 The legal notice at www.bad-schinznach.ch/de/impressum and the bathing and sauna regulations (posted on site) are an integral part of these GTC. 1.4 The current version of the GTC is published on the website of Bad Schinznach AG and can be requested in printed form from the reception desk or at the pool reception desk for inspection and to take away. These GTC form an integral part of every contractual relationship between the guest/customer and Bad Schinznach AG. By signing the written subscription contracts, reservation confirmations, event agreements, offers or by clicking on the corresponding box on the websites or by booking the selected service, the guest/customer confirms that they have read, acknowledged and understood the provisions of the GTC of Bad Schinznach AG.
II Thermal spas division
2 The thermal baths division includes the Aquarena fun with sauna area, Thermi spa with massage and cosmetic services, Bad Shop, Aquarena Restaurant and Pitch & Putt. 2.1 Bathing and sauna regulations Guests must comply with the bathing and sauna regulations of Bad Schinznach AG. The bathing and sauna regulations are displayed at the main entrance to the thermal baths as well as at the entrances to the respective areas. In the event of serious breaches of the GTC, the bathing and sauna regulations and/or instructions issued by staff, an immediate ban from the premises may be imposed. In this case, there will be no refund of payments or services already made. In the event of violations due to misuse of the chip bracelet, the subscription or theft, the right to press charges is expressly reserved. The guest acknowledges that in exceptional cases (Sundays and public holidays, visitor restrictions) waiting times must be accepted. 2.2 Conclusion of contract The contractual relationship comes into effect at the time when the guest receives confirmation of their order, reservation or purchase from Bad Schinznach AG via the online store, by email, by post or by telephone. The contractual relationship is concluded on site when a service, voucher, prepaid card, admission or subscription is purchased. All prices are in CHF and are gross prices including VAT. Any delivery and shipping costs must be paid separately (Section 3.2). 2.3 Guests have the following options for admission to the thermal baths and saunas:
- Time-limited entry (1.5, 2 or 3 hours)
- Total admission (unlimited on the day of visit)
- Admission to events (moonlight bathing, magic worlds, Aquarena sauna night)
The admission price does not include all other services offered by Bad Schinznach AG, such as massages, cosmetics and podiatry. Bath towels are only included in the total admission price. When purchasing an admission ticket, the guest receives a chip band on loan, which authorizes access to the respective area. The purchase of an admission ticket entitles the guest to use the facilities during the period of stay purchased. Any additional time spent in the area will be charged at the post-payment machine using the chip band. It is not permitted to leave or change areas by climbing over a turnstile. The opening and event times are binding for total admission and event admission and may not be exceeded. Non-use of a booked/charged service does not entitle to a refund. The fee for the loss of a bookable data carrier is CHF 50.00, for a non-bookable data carrier CHF 10.00 and for the parking ticket CHF 30.00. 2.4 The guest has the following options for using the Pitch & Putt short golf course:
- Round prize (first round + further rounds)
- Day ticket
The admission price does not include all other services offered by Bad Schinznach AG, such as rental sets of clubs and balls, golf lessons or drinks. 2.5 Subscriptions 2.5.1 Thermal baths and saunas A subscription entitles the holder to entry to the area selected at the time of purchase (the thermal baths and/or saunas) for six months or a whole year from the date of issue. The minimum age for purchasing a season ticket is 16 years (the signature of a legal representative is required up to the age of 18). The guest acknowledges that full contact details (first name, surname, address, telephone number and e-mail address), date of birth and a photo for visual inspection will be recorded and stored for the duration of the contract. Bath towels are only included in the annual Thermi spa subscription. 2.5.2 Pitch & Putt A season pass entitles the holder to play golf on the short golf course from March 1 to November 30 during regular opening hours. Guests acknowledge that their full contact details (first name, surname, address, telephone number and e-mail address), date of birth and a photo for visual inspection will be recorded and stored for the duration of the contract and that they are not entitled to priority play or refunds due to course closures or closures necessary for operational reasons (weather, group bookings, maintenance work, etc.) and that waiting times may occur due to group bookings or on Sundays and public holidays. Participation in tournaments, events and other services is not included. 2.5.3 Terms of use The terms and conditions apply to all half-year, annual and season passes:
- The subscription is personal and non-transferable.
- Holders of a subscription for the thermal baths/saunas receive a chip band which entitles them to one entry or exit per day during the published opening hours. Bad Schinznach AG may change or adjust opening hours and offers at any time. The chip band remains the property of Bad Schinznach AG. In the event of damage or loss, a fee will be charged (Section 2.5.4) and a replacement chip band will be issued.
- Special occasions and events are not included for season ticket holders.
- Annual season tickets are extended in the event of accident or illness upon written request and presentation of a medical certificate (maximum 3 months).
- Non-use of a subscription that has already been paid for does not entitle the holder to a price reduction or refund.
- In the event of a temporary restriction of the offer or the opening and operating hours, the guest is not entitled to a refund or extension of the subscription. Operational closures (e.g. for cleaning, refurbishment, conversion, revisions, weather, etc.) do not give rise to any entitlement to a refund or extension of the season ticket. In the event of closures and interruptions to operations due to force majeure (epidemics/pandemics) and other unforeseeable events, there is no entitlement to refunds, extension of the season ticket or timestops.
- Bad Schinznach AG must be notified in writing of the termination of an annual, half-yearly or seasonal subscription. The notice period is two months from receipt of the letter. The remaining value of the subscription will be refunded pro rata.
2.5.4 Payment in installments and fees In principle, the subscription is paid in full at the time of purchase. Monthly installments are possible on request. When the contract is concluded, the first monthly installment or the portion of the current month must be paid immediately (for easier invoice control, the contract is concluded at the end of the month in the case of payment by installments). CHF 10.00 is charged per installment:
- Half-year subscription Aquarena bath, sauna or bath/sauna CHF 60.00
- Annual subscription Aquarena bath, sauna or bath/sauna CHF 120.00
- Annual subscription Thermi spa (incl. Aquarena bath/sauna) CHF 120.00
- Season subscription Pitch & Putt CHF 90.00
- In the event of late payment, the subscriber will be sent a reminder. The first reminder is free of charge; a reminder fee of CHF 10.00 will be charged for the second reminder.
- With the first reminder, the customer is in default and owes Bad Schinznach AG default interest of 5%. In the event of default on individual installments, the total balance of the contract term is due immediately.
- After the second unheeded reminder, Bad Schinznach AG reserves the right to initiate the collection of the entire remaining claim until the end of the contract plus accrued reminder fees.
- Bad Schinznach AG reserves the right to terminate the contract with immediate effect, to confiscate the chip bracelet and to block the customer’s use of the offers and services in the event of non-compliance with the terms of the contract. If the agreed installment payment is not made, access or the chip bracelet will be blocked from the 1st day.
- A rechargeable prepaid card is available for the parking garage.
- The fee for the loss or replacement of a prepaid card or parking card is CHF 10.00.
- The fee for the loss or replacement of chip tapes (bookable data carriers) is CHF 50.00.
- Lost property can be collected free of charge from the ticket office / reception at the thermal baths.
3. vouchers 3.1 Vouchers and voucher cards Vouchers or the Bad Schinznach AG voucher card can be redeemed in almost all business areas of Bad Schinznach AG. The value or service vouchers and voucher cards can be purchased on site or via the online store and ordered by telephone or e-mail. The vouchers and voucher cards are only active once payment has been received. For orders in the online store, the prices listed in the offer at the time of the order apply. The prices quoted are final prices in Swiss francs (CHF) and include VAT (where applicable). Postage costs will be charged for orders sent by post (Section 3.2). We reserve the right to change prices, product ranges and technical specifications. All offers are subject to change. Erroneous information and printing errors excepted. Vouchers obtained free of charge, so-called promotional vouchers, can be redeemed up to the date printed on them plus one month’s goodwill. The extension, exchange and refund of a promotional voucher are excluded. 3.2 Delivery CHF 2.00 is charged for postage and delivery throughout Switzerland and Liechtenstein. Deliveries are only made to addresses in Switzerland or Liechtenstein. Deliveries are made by A Mail. Items available for immediate delivery will be delivered on the next working day after the order is placed, depending on when the order is received. Please note the delivery times stated on our website for each product. A delay in delivery will never lead to a reduction in the sales price. If one of the items ordered is not in stock, the delivery of the remaining items is not affected. Missing items will be delivered later (postage paid). When ordering a voucher in the online store, the voucher can be obtained online as a PDF document and printed out locally by the customer (Print@Home). This requires Adobe Acrobat Reader on a Windows or Macintosh system. The customer is responsible for ensuring that the necessary requirements for printing the voucher are met. The customer shall take the necessary precautions to prevent unauthorized use or misuse. In the case of vouchers purchased and printed at home, the customer must ensure that their voucher is protected against misuse (e.g. copying, alteration or printing by unauthorized persons). Purchased vouchers may not be passed on on the Internet or other networks, nor may they be used commercially. Printed vouchers must be stored in such a way that all information on the voucher and in particular the voucher number remain clearly legible. Bad Schinznach AG accepts no liability for damages incurred by the customer as a result of use or misuse by unauthorized persons or due to illegible vouchers. 3.3 Terms of payment
- The following means of payment are accepted on site: Cash (CHF), Visa, Mastercard, Diners, TWINT, EC- and Postcard
- The following means of payment are accepted in the online store: Visa, Mastercard, Diners, TWINT, Postcard
3.4 Period of validity of the vouchers
- Service and value vouchers are valid for 5 years from the date of issue and after full payment in accordance with the imprint and can be redeemed in almost all areas of Bad Schinznach AG within 10 years. A free extension or refund is excluded.
- Promotional or Maison vouchers can be redeemed up to the date printed on them plus one month’s goodwill. Extensions, exchanges or refunds are excluded.
3.5 Refusal of acceptance In the event of unjustified refusal to accept the goods/vouchers delivered by us, we shall be entitled to charge the costs incurred by us. In the event of repeated refusal to accept the goods, the customer account will be blocked. 3.6 Return/exchange Liability for the delivered order is limited to a replacement delivery. Claims for rescission of the contract or reduction of the remuneration are excluded if a replacement delivery is possible within a reasonable period of time. Damage during transportation must be reported to us within 48 hours. Otherwise the right to a free replacement expires. Returns due to unsuitability are excluded. From a minimum order value of CHF 100.00 we grant a right of withdrawal of 14 days. The goods must be returned in their original packaging with the delivery bill enclosed. Returns are at the customer’s expense and risk. 3.7 Retention of title The delivered goods remain the property of Bad Schinznach AG until full payment has been received. 4. value card Guests benefit from a 10% discount on the offers in Bad Schinznach with the value card, already reduced goods or offers are excluded. Accumulation is excluded. The prepaid card can be topped up on site or in the online store. Guests can load money onto their guest account and use it to pay on site or in the online store (subscriptions, vouchers, overnight stays and already reduced items are excluded from payment by prepaid card). The credit expires 5 years after the last use of the guest account. 5 Reservations (massage, cosmetics and podiatry) Reservations for services (on site or by e-mail, telephone, post or via the online store) are binding. Cancellations of chargeable reservations must be made by telephone or e-mail. Cancellations up to 24 hours before the appointment are free of charge. Cancellations made less than 24 hours before the appointment will be charged at 100%.
III Business division Kurhotel Im Park
6.1 Subject matter of the contract These General Terms and Conditions govern the legal relationship between the guest/customer and the Kurhotel Im Park of Bad Schinznach AG. The reservation or order confirmation, which is sent by e-mail, fax or post, serves as the basis. Amendments or additions to the contract or additional agreements (Section 9.2) must be made in writing. Unilateral amendments by the guest are invalid. 6.2 Reservations A contract is concluded between the guest/customer and Bad Schinznach AG when: a) an offer from Bad Schinznach AG has been confirmed in writing by the guest/organizer. b) the inquiry has been confirmed in writing by Bad Schinznach AG. Changes to the content of the contract are only binding once they have been confirmed in writing by Bad Schinznach AG. 6.3 Options Options are binding for both parties during the agreed option period. After expiry of the option period, Bad Schinznach AG reserves the right to dispose of the reserved dates and services. 6.4 Cancellation conditions for room reservations Cancellations of reservations must be communicated to Bad Schinznach AG as early as possible and in writing. If the reservation is canceled in full by the guest, Bad Schinznach AG will charge cancellation costs in proportion to the agreed total price:
- up to 48 hours before arrival = no cancellation fee
- up to 24 hours before arrival = 50%
- less than 24 hours before arrival = 100%
Services not purchased will not be refunded or transferred. 6.5 Event principles The organizer may not bring food and beverages to the event. Exceptions require a written agreement with Bad Schinznach AG. In such cases, a contribution to cover overhead costs (service fee) will be charged. Advertisements in the media containing references to the event booked at Bad Schinznach AG require the prior written consent of Bad Schinznach AG. 6.6 Cancellation conditions for events Cancellations of events must be notified to Bad Schinznach AG as early as possible and in writing. The organizer is obliged to notify Bad Schinznach AG of changes in the number of participants as early as possible, at the latest 4 days before the event. If the event is canceled in full by the organizer, Bad Schinznach AG will charge the following cancellation costs on a pro rata basis of the total price:
- up to 60 days before the event = 25 %
- 59 – 30 days before the event = 50 %
- 29 – 10 days before the event = 75 %
- 9 – 0 days before the event = 100 %
6.7 Withdrawal by Bad Schinznach AG Bad Schinznach AG is entitled to withdraw from the contract at any time for important reasons. Important reasons include, in particular, official requirements and prohibitions, safety aspects and cases of force majeure as well as other circumstances for which Bad Schinznach AG is not responsible or which it cannot influence. 6.8 Liability of the guest/customer The guest/customer is liable for the entire invoice amount, including the services purchased by his guests, employees, auxiliary persons and event participants. Exceptions must be agreed in writing. The guest/customer is also liable for all damages and losses incurred by Bad Schinznach AG through him, his guests, employees, assistants or event participants. Proof of fault is not required. Bad Schinznach AG is not liable for theft of or damage to items brought in by the customer, his guests, employees, assistants or event participants. This also applies to vehicles parked in the hotel parking lots or in the parking garage. Otherwise, Bad Schinznach AG shall only be liable for intent and gross negligence. 6.9 Terms of payment Kurhotel Im Park Bad Schinznach AG reserves the right to request a deposit in the amount defined by Bad Schinznach AG for the agreed services. For reservations with a foreign billing address or reservations from abroad, a deposit of 100% of the reserved services may be required. If the guest/organizer defaults on payment of the deposit, Bad Schinznach AG is entitled to withdraw from the contract. The deposit will be offset against the costs. Invoices from Bad Schinznach AG are due within 10 days of the invoice date without deduction. The invoiced services shall be deemed to have been provided in full and properly if the guest/organizer does not report any complaints within the payment period.
IV Data protection / Privacy policy
7.1 The use of personal data is regulated in the privacy policy (the complete privacy policy of Bad Schinznach AG can be found in this link. The data protection declaration (EU GDPR) is an integral part of these GTC. By accepting these GTC, you also agree to the privacy policy. 7.2 Personal data will be treated confidentially and in accordance with the statutory provisions, data protection regulations and the Privacy Policy. You have the right to information about the personal data collected about you. You can also request the deletion or correction of the personal data concerning you and revoke your consent, provided that no legal exceptions apply. 7.3 Data will only be passed on outside Bad Schinznach AG to the law enforcement authorities under strict, contractual data protection conditions on the basis of statutory provisions or if disclosure is necessary to safeguard and enforce the legitimate interests of Bad Schinznach AG. 7.4 Bad Schinznach AG takes all necessary technical and organizational security measures to protect your personal data from loss, unauthorized access or other misuse. For example, your data is stored in a secure operating environment that is not accessible to the public. In certain cases (e.g. when processing login data), your personal data is encrypted during transmission. This means that communication between your computer and our servers takes place using a recognized encryption method if this is supported by your browser. 7.5 Persons under the age of 18 may not forward information to Bad Schinznach AG or make purchases or other legal transactions on this website without the consent of their parents or legal representatives, unless this is permitted under applicable law. 7.6 If you have any questions or concerns about our privacy policy or personal data, please send us an e-mail.
V Limitation of liability
8 Bad Schinznach AG excludes, to the extent permitted by law, any liability for the offers and products and services supplied and sold, as well as for indirect or consequential damages, except in cases of willful misconduct or gross negligence.
VI Final provisions
9.1 The place of performance and payment is the registered office of Bad Schinznach AG. 9.2 Bad Schinznach AG reserves the right to amend these GTC at any time. Amendments will be made available on the Bad Schinznach AG website and will enter into force upon their publication. 9.3 Should one or more provisions of these GTC be or become invalid or unenforceable in whole or in part, this shall not affect the validity or enforceability of the remaining provisions of these GTC. In this case, the parties shall replace the invalid or unenforceable provision with a valid and enforceable provision that comes closest to the economic purpose of the provision to be replaced. The same shall apply mutatis mutandis in the event that these GTC contain a loophole. 9.4 These GTC and any disputes arising from or in connection with the contractual relationship shall be governed exclusively by Swiss law, to the exclusion of the conflict of laws provisions and the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG). 9.5 The exclusive place of jurisdiction is the registered office of Bad Schinznach AG, unless mandatory statutory provisions take precedence. Bad Schinznach AG is, however, entitled to take legal action against the customer/guest at his domicile.
Status 6.2023