General Terms & Conditions
with Consumer Information
§ 1 Legal Scope
These General Terms & Conditions (GTC) apply to all contracts between the customer and Tourismus Salzburg GmbH, Auerspergstraße 6, 5020 Salzburg as the operator of Paracelsus Bad & Kurhaus pursuant to use of the Internet site www.paracelsusbad.at.
The most current version of our GTC at the time the contract is concluded shall apply, and is available on our homepage (www.paracelsusbad.at).
We conduct all contractual agreements on the foundation of our GTC. Potentially contradictory terms & conditions of the customer shall have no application.
§ 2 Conclusion of the Contract
The items offered for purchase in our web shop do not constitute a binding offer for conclusion of a purchase contract, rather they are a solicitation for order submission. Orders from the customer submitted by means of clicking on the order button “Order & Pay” are binding offers to us for conclusion of a contract. We may accept the customer’s offer at our own discretion, either by sending the item immediately or by transmitting an order confirmation by email to the email address provided by the customer. In particular, this will contain all order details as well as our GTC.
A binding contract may be achieved beforehand. If a credit card is chosen as the mode of payment, the contract will come into effect as soon as the credit card has been charged.
§ 3 Contractual Party
The contractual party upon entering into a contract by means of the Internet site www.paracelsusbad.at is Tourismus Salzburg GmbH, Auerspergstraße 6, 5020 Salzburg.
§ 4 Essential Elements of Vouchers
The essential elements of the vouchers we offer may be found in the respective voucher descriptions on our homepage or, if you have any remaining questions, elicit responses to your questions from the contractual party prior to activating the button “Order & Pay” , thereby submitting an offer to us for conclusion of a contract (§ 3).
§ 5 Non-Availability Proviso
We reserve the right to desist from executing your order if the item you ordered is unavailable. In such a case, we will promptly inform you about the non-availability and, should circumstances dictate, refund the previously remitted purchase price without delay.
§ 6 Offers/Prices
All offers are subject to change. Attention should be paid to the validity period of our respective offers. Our prices include statutory value-added taxes. Those prices shall apply that are shown on our Internet site at the time the order is placed. The amount you must pay is shown to you during the online ordering process, is clearly displayed at the end of that process and is to be confirmed by you by clicking on the ordering button “Order & Pay”.
§ 7 Payment/Delivery
After confirming by clicking on the ordering button “Order & Pay” and thereby submitting a legally binding offer to us for conclusion of a contract, we will offer you the following options. That said, we reserve the right not to accept the contract subject to the results of an automated credit check.
The customer expressly declares consent to their data being transmitted to the officially accredited creditor protection associations Alpenländischer Kreditorenverband (AKV), Österreichischer Verband Creditreform (ÖVC), Insolvenzschutzverband für Arbeitnehmer oder Arbeitnehmerinnen (ISA) and Kreditschutzverband von 1870(KSV) exclusively for the purposes of creditor protection.
Your payment choices fundamentally include:
Sofortüberweisung
If, during the ordering process, you select payment option “Sofortüberweisung” administered by payment provider Klarna, your data will automatically be transmitted to the aforementioned payment provider. By selecting Klarna as your payment option, you consent to the transmission of personally identifiable data required for completion of payment. The provider is Klarna AB, Sveavägen 46, 111 34 Stockholm, Sweden. The data transmitted is necessary in order to process payment. This includes, for example, first name, last name, postal address, email address, IP address, telephone number, mobile telephone number, banking details, CVC code, expiry date, credit card number as well as order details. The data privacy policy of Klarna may be consulted online at http://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/privacy. Information about duration of data storage may be found at http://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/privacy. The user has the possibility of revoking their consent with Klarna at any time. Revocation of data essential in order to process payment is not possible.
Visa/Mastercard
If, during the ordering process, you select payment option Credit Card MasterCard/Secure Code or VISA/Verified by VISA (SIX Payment Services), your data will automatically be transmitted to the aforementioned payment provider. By selecting SIX Payment Services as your payment option, you consent to the transmission of personally identifiable data required for completion of payment. The provider is SIX Payment Services AG, Hardturmstrasse 201, 8021 Zurich, Switzerland. The data transmitted is necessary in order to process payment. This includes, for example, first name, last name, postal address, email address, IP address, telephone number, banking details, card number as well as order details. The data privacy policy of SIX Payment Services may be consulted online at https://www.six-payment-services.com/de/services/legal/privacy-statement.html. The user has the possibility of revoking their consent with SIX Payment Services at any time. Revocation of data essential in order to process payment is not possible.
§ 8 Information Pertaining to Revocation Rights
Consumers as defined in § 1 KSchG enjoy legal revocation rights when entering into a remote-purchase contract.
As a consumer, you have the right to revoke this contract without citation of reasons within fourteen days.
The revocation period begins to run on the day you or a third party named by you receive the goods.
In order to exercise your revocation right, you must inform us, Tourismus Salzburg GmbH, Auerspergstraße 6, 5020 Salzburg, of your decision to revoke this contract by means of an unambiguous declaration (e.g. a letter posted to us, a fax or email). To do so, you may use the template revocation form provided on our website, though this is not required.
In order to meet the revocation deadline, it suffices if you send the notification of your intent to exercise your revocation right prior to expiration of the revocation deadline.
Consequences of Revocation
If you revoke this contract, we must refund all payments received from you, including delivery fees (with the exception of additional fees incurred due to your having chosen a different form of delivery than the most affordable form of standard delivery offered by us) promptly and no later than 14 days subsequent to the day your notice of contract revocation has been received by us. In order to make this refund, we will utilize the same method of payment which you used for the original transaction, other than if we have reached an expressed agreement with you to use a different payment method; in no circumstances will you be charged additional fees associated with this refund.
We may deny making a refund until we have received the goods in question or you have produced proof that you have sent back said goods, whichever occurs earlier. You must return or hand over the goods promptly, no later than 14 days after the day on which you informed us of your intent to revoke the contract. This deadline is considered to have been met if you send the goods prior to conclusion of the 14-day period.
You are responsible for the costs associated with returning the goods. You are not responsible for potential value depreciation of the goods if inspection of the goods’ condition, characteristics and functionality does not indicate depreciation due to unreasonable handling.
The revocation right is excluded if vouchers have already been used in order to pay for services.
Template Revocation Form
(If you wish to revoke the contract, please complete this form and return it to Tourismus Salzburg GmbH, Auerspergstrasse 6, 5020 Salzburg.
I/we hereby wish to exercise my/our revocation right and hereby revoke the contract entered into for purchase of the following items (*).
• Ordered on (*)/Received on (*)
• Name of the consumer(s)
• Address of the consumer(s)
• Signature of the consumer(s) (only if providing paper notification)
• Date
__________
(*) Cross out whatever does not apply or supplement with additional information
§ 9 Warranty/Retention Rights
Warranty is in compliance with legal provisions as stipulated in § 923 through § 933b of the Austrian General Civil Code (ABGB). You may only exercise retention rights insofar as your claims result from the same legal context. For inquiries, complaints, responses etc., we may be reached at the telephone/fax number, email or postal address provided in § 3.
Retention of Title
All forms of contractual performance remain our property until payment has been received in full.
In the event of payment default, even if only partially, we are entitled to assert our rights with respect to retention of title. The goods subject to these conditions remain our property at all times. You are obliged, should you sell the delivered goods to a third-party even though these have not yet been paid for in full, to inform said third-party of the pursuant reassignment of the purchase price in writing and to document this appropriately.
§ 10 Liability
In the event of slight negligence, damage claims of all kinds are excluded. In the event of premeditation or gross negligence, we are liable as stipulated by law, with the proviso that damage claims lapse one year after the customer has become aware of the damages or of the liable party. Insofar as we are not accused of premeditated breach of contract, damage compensation is limited to damages that are foreseeable and typical. Compensation for consequential damages, pure financial losses and damages resulting from third-party claims is in all cases excluded.
We accept no responsibility for illegal content on external websites which have been referenced from this website by means of direct or indirect hyperlinks. Liability is borne exclusively by the provider of the external website or external information in question.
§ 11 Storage and accessibility to the contractual text as well as general terms & conditions after completion of contract
After the contract has been completed, the contractual text will not be stored by us. In order to have access to the contractual text after the contract has been completed, we recommend that you print out and store your contract offer, our first confirmation email as well as our General Terms & Conditions and Consumer Information. When the contract is completed, you will be able to view our General Terms & Conditions and Consumer Information on your computer monitor. Upon conclusion of the contract, we send this to you in text form with the first confirmation email. In this way, we give you the opportunity of storing our General Terms & Conditions and Consumer Information in a reproducible form, requiring you to store our email along with the attachment, create a screenshot by pressing the “print” button, or highlight the content of our email and the attachment, then press the key combination “Ctrl and C”, and then, after opening your text processing program, press “Ctrl and V”, then store the file appropriately.
§ 12 Data Privacy
By means of electronic data processing (EDP), your personally identifiable data is collected, stored, processed and used exclusively in order to establish, create the substance or amend the contract as well as to process the order to the required extent. The legal foundation for this are the pertinent data privacy regulations as set forth in the Data Privacy Act (“Datenschutzgesetz” or “DSG”) as well as the General Data Protection Regulations (GDPR).
When you visit our Internet presence, the IP address currently being used by your PC, the date and time, browser type and PC operating system as well as information pertaining to the pages you have viewed will be collected and stored. This is used exclusively as documentation that you have entered into a contract as well as for statistical purposes. Any further conclusions on our part based on your personally identifiable data are not possible, nor are they intended.
The personally identifiable data which you provide to us when submitting an order or email (e.g. your name and contact data) is only used to conduct correspondence with you, to provide our services to you, and only for the purposes for which you shared said information. In order to process payments, we share your payment data with the credit institution or similar charged with making that payment.
The legal foundation for processing of your personally identifiable data in order to fulfill a contract between you and Tourismus Salzburg GmbH, Auerspergstraße 6, 5020 Salzburg is Art.6 par. 1 lit. b GDPR. This also applies to processing procedures required in order to accomplish pre-contractual measures.
We assure you that we will otherwise not share your personally identifiable data with third parties, other than if we are legally obligated to do so or you have given your expressed consent beforehand. Insofar as we make use of third-party services in order to accomplish processing procedures, federal data privacy laws will be complied with.
After payment has been processed successfully, you will receive an email confirmation of your payment as well as a second email with the voucher you have ordered. These emails are automatically generated by the online shop. To do so, an external service provider is utilized who has been selected and vetted carefully.
In its role as data protection officer as defined by GDPR, Tourismus Salzburg GmbH, Auerspergstraße 6, 5020 Salzburg has contracted with TAC Informationstechnologie GmbH to process online voucher orders. The foundation for this is an order processing agreement as addressed in the GDPR.
Contact information for TAC Informationstechnologie GmbH:
TAC Informationstechnologie GmbH
Schildbach 111, A-8320 Hartberg
office@tac.eu.com
www.tac.eu.com
Duration of Storage
Personally identifiable data provided to us by means of our website is only stored until the purpose has been fulfilled for which it was originally entrusted to us.
Insofar as we are required to comply with commercial and fiscal retention provisions, the storage duration for certain data may be as long as 10 years.
Your Rights
Expressed consent to the usage of data may be revoked at any time with future effect. If you no longer agree to the storage of your personally identifiable data or if this has been conducted incorrectly, pursuant to your request and in compliance with legal requirements we will have your data deleted, corrected or blocked. Upon request and at no cost to you, we will provide you with complete information about all of the personally identifiable data about you which we have stored. For questions pertaining to the collection, processing or usage of your personally identifiable data, as well as information, correction, blocking or deletion of data, please contact:
Tourismus Salzburg GmbH, Auerspergstraße 6, 5020 Salzburg, info@paracelsusbad.at, +43(0)662/883544
We also refer you to our data privacy policy. This may be found here: https://www.paracelsusbad.at/de/datenschutz
Links to other Internet sites
Insofar as we include references or links within our Internet presence to third-party websites, we are unable to offer any guarantees or accept any liability with respect to the accuracy or comprehensiveness of content on said websites, or with respect to data security thereon. Since we have no influence on third-party compliance with data privacy regulations, you should always consult the third parties’ own data privacy policies.
§ 13 Recognition and Correction of Entry Errors
As an effective and accessible technical means of correcting entry errors (“typos”), the “back” function of your browser (Internet Explorer, Mozilla Firefox etc.) is available to you. By activating the “back” function, which is regularly indicated by means of a left-pointing arrow in the upper section of your browser application, you can correct entry errors. This is possible until such time as you have pressed the button “Order & Pay” for your order. With respect to recognition of entry errors, it is assumed that you will have checked and assured yourself that your entries (including buttons that have been clicked) reflect your actual wishes prior to completing the order process. Before submitting your offer for conclusion of a contract, absolutely double-check one more times whether or not the information you have entered meets the aforementioned requirement, and whether you do indeed consent to the General Terms & Conditions with Consumer Information at hand. If you are under any doubt, halt the order process, for example by activating the “back” function on your browser. Check all of your entries, especially prior to clicking on the button “Order & Pay”, since subsequent correction of entry errors will no longer be possible at that point.
§ 14 Copyrights and Trademarks
We make every effort to respect the copyright of graphics and texts used on our vouchers, and to use graphics and texts which we have created ourselves. All of the copyrights and trademarks named on our Internet presence and potentially copyright- and trademark-protected by third parties, are subject to the applicable copyright and proprietary rights of the registered owners in question. Solely citation thereof should not lead to the conclusion that trademarks are not subject to third-party rights. The duplication, dissemination or usage of such graphics and texts in other electronic or printed publications is prohibited without our expressed permission.
§ 15 Miscellaneous
The contractual language is German. The conclusion of this contract, the General Terms & Conditions as well as the entire legal relationship is subject to Austrian law. The UN Convention on Contracts is expressly excluded.
The seat of jurisdiction for all disputes resulting from this contractual relationship or future contracts between us and the customer are exclusively those courts with local jurisdiction over our seat of business.
We are not subject to any codes of conduct.
When using the Paracelsus Bad & Kurhaus, you are obliged to comply with all House & Bathing Rules . The House & Bathing Rules are clearly displayed in the foyer.
The customer must promptly inform us of any changes to their name, company, postal address, legal status as well as any other relevant information.
Should any provisions of these General Terms & Conditions be declared null or void, this shall in no way affect the validity of the remaining provisions.