House Rules | Therme Euskirchen
§ 1 Scope of application
(1) The following provisions apply to contracts for the use of the services offered by Thermen & Badewelt Euskirchen GmbH (hereinafter referred to as "TBWEG") by its guests in THERMEN & BADEWELT EUSKIRCHEN.
(2) Special agreements of TBWEG with the district town of Euskirchen or third parties are not affected by the following provisions. As far as special agreements made by the TBWEG with the district town Euskirchen or third parties do not expressly regulate otherwise, the provisions of these house and use regulations remain unaffected.
(3) The THERMEN & BADEWELT EUSKIRCHEN consists of the publicly accessible reception area (hereinafter referred to as "Foyer") as well as the building complexes "Sportbad", "Palmenparadies" and "Vitalther-me & Sauna" (hereinafter referred to as "Building Complexes"), which are spatially separated from each other.
§ 2 Stay at the THERMEN & BADEWELT EUSKIRCHEN
(1) Notwithstanding the following paragraphs (2) and (3), the following persons are not permitted to enter the THERMEN & BADEWELT EUSKIRCHEN for the protection of the general public, guests and employees of TBWEG:
a) Persons who have tested positive for the SARS-CoV2 virus (Corona virus), as long as they are in seclusion at home by official order;
(b) contact persons of persons who have tested positive for the corona virus, provided that the contact person has not been free from cold symptoms for 14 days since the last contact with an infected person
(c) persons with cold symptoms.
(2) Only persons who intend to conclude a contract with TBWEG are permitted to stay in the "Foyer". The same applies to persons who bring other persons (e.g. children) to or from the THERMEN & BADEWELT EUSKIRCHEN for this purpose, as well as to persons who visit the THERMEN & BADEWELT EUSKIRCHEN by invitation or special permission from TBWEG. A stay for other purposes is not permitted.
(3) Staying in the building complexes is only permitted during opening hours (§ 5) and only for guests who have the appropriate access authorisation (§ 3).
§ 3 Conclusion of contract, access authorisation, age restrictions
(1) The parties to the contract are TBWEG and the guest.
(2) A contract between the TBWEG and the guest is only concluded when the TBWEG accepts the offer of the guest. The acceptance of the offer takes place when the cashier hands over an access authorization in the form of a transponder to the guest against presentation of a valid online ticket. The guest is obliged to return the transponder handed over to him/her before leaving the THERMEN & BADEWELT EUSKIRCHEN.
(3) TBWEG accepts the offer of guests only if the following age restrictions do not conflict with it:
Access to the "Sportbad" is only granted to persons under 10 years of age on condition that they are accompanied by a parent or adult supervisor.
b) "Palm paradise".
Admission to the "Palmenparadies" is generally only granted to persons aged 16 and over. Children up to 3 years of age are admitted to the "Palmenparadies" if they are accompanied by a parent or adult supervisor. Children and youths aged between 4 and 15 years are only admitted to the "Palmenparadies" on special regular or irregular days of action, but otherwise they are not admitted.
c) "Vital Therme & Sauna
Admission to the textile-free "Vitaltherme & Sauna" is only granted to persons aged 16 and over.
Paragraph (5) remains unaffected.
(4) The guest is not entitled to the acceptance of an offer by TBWEG to conclude a contract. The TBWEG reserves the right to reject the offer for operational (e.g. due to an excessive number of visitors) or other objective reasons. Another objective reason is given in particular if, due to the concrete circumstances of the individual case, it is to be seriously feared that the guest
(a) the following provisions are infringed
b) as a result of his physical, mental or other condition would endanger himself or others during his stay at the THERMEN & BADEWELT EUSKIRCHEN
In the event that TBWEG does not accept the guest's offer, TBWEG will reimburse the guest for the fee paid for the Online Ticket.
§ 4 Prices, transfer to other areas
(1) TBWEG charges a fee for the possibility of using the building complexes at different rates due to the diversity of the respective range of services. Furthermore, the entrance fee to be paid depends on which tariff the guest chooses or which tariff applies depending on the time of day, the day of the week or other circumstances at the time of the conclusion of the contract. If the respective tariff provides for a limited period of stay, exceeding this period will lead to an increase of the admission fee. The current tariffs and the admission resulting from them will be announced on screens above the cash desks.
(2) The access authorization is not transferable. It is not permitted to make the access authorization available to another guest for use against payment or free of charge, or to have the access authorization of another guest made available for use against payment or free of charge. Making the access authorization available for use exists if the possession of the access authorization is transferred in order to obtain the opportunity to use a building complex for oneself or another guest in violation of the contract without paying the entrance fee required by TBWEG. Violations will be prosecuted under criminal and civil law.
§ 5 Opening hours
The TBWEG announces the opening hours on posters.
§ 6 Contractual obligations of the TBWEG
Through the contract, TBWEG is obligated to grant the guest the opportunity to use the service offer within the respective building complex within the scope of his access authorization. The possibility of use extends to the areas, facilities, and equipment dedicated to guest traffic, as long as these are not temporarily blocked by the TBWEG for operational or other objective reasons or are not available to the guest in the concrete case due to the exhaustion of their spatial capacity or their numerical quota; the rights and claims of the guest resulting from the legal provisions remain unaffected.
§ 7 General contractual obligations of the guest
(1) The guest is obligated by the contract to pay TBWEG the agreed entrance fee for the selected building complex. Furthermore, he commits himself to pay TBWEG possible surcharges for
(a) the transfer, subject to payment, to another building complex
(b) the exceeding of a retention period provided for in the tariff; or
(c) the use of other additional payable services (such as meals or drinks)
(2) The guest commits himself by the contract,
(a) his access authorisation
(aa) to be carried at all times;
bb) to show the employees of TBWEG and their other vicarious agents when entering a building complex as well as on request at any time and to hand them over for control purposes if necessary;
b) to treat the areas, facilities and equipment of THERMEN & BADEWELT EUSKIRCHEN with care and not to contaminate them;
c) to behave in such a way that
aa) does not endanger himself or others;
bb) does not harass, disturb or offend the sense of decency of other guests. He must refrain from doing anything that is unseemly based on social rules and customs;
d) to observe the signposted warnings and other instructions of the TBWEG;
e) to comply with requests of the employees and other agents of TBWEG in connection with his stay in the THERMEN & BADEWELT EUSKIRCHEN;
f) to clean himself in the shower rooms provided for this purpose after having taken off his street clothes for hygienic reasons;
g) not to commit any crimes or administrative offences to the detriment of other guests or the TBWEG. If the TBWEG becomes aware of facts that give reason to suspect that a guest in the THERMEN & BADEWELT EUSKIRCHEN has committed a criminal offence or an administrative offence, it will report these facts to the competent authorities. Further steps taken by TBWEG against anyone suspected of having committed a criminal offence or administrative offence at THERMEN & BADEWELT EUSKIRCHEN remain unaffected by this.
§ 8 Prohibitions
(1) It is forbidden for the guest to perform sexual acts on himself/herself or on other guests in the THERMEN & BADEWELT EUSKIRCHEN or to have other guests perform sexual acts on him/herself.
(2) Guests are not permitted to bring or consume beverages and food of any kind (including sweets) to the THERMEN & BADEWELT EUSKIRCHEN or to consume beverages or food brought by other guests. This prohibition does not apply to drinks and food,
(a) on which a guest is dependent or restricted (e.g. due to allergies or food intolerances) for medical or other reasons
(b) which are objectively intended for new-born babies, infants or young children (such as bottled milk, jar feeds, porridge).
TBWEG is obligated to the guest to provide beverages, food, and luxury foods and to offer them at reasonable prices. The appropriateness is assessed according to whether the prices are usual in the gastronomy.
(3) The guest is not allowed to bring or carry any food or beverages into the THERMEN & BADEWELT EUSKIRCHEN:
a) narcotics of any kind with the exception of prescription drugs prescribed by a doctor for the guest
b) containers made of glass, porcelain, ceramics or other fragile materials; if food or drinks are served to the guest in such containers in one of the catering facilities of THERMEN & BADEWELT EUSKIRCHEN, they may only be used for their intended purpose and only within the respective catering facility;
c) Animals; for reasons of hygiene, the prohibition also applies to animals whose purpose is to compensate for disadvantages which may result from the physical or mental condition of a human being (e.g. guide dog);
(d) knives or other dangerous objects; dangerous objects are all tools and substances which, in view of their material, composition and/or other properties, are suitable for this purpose,
aa) to be used against a person in such a way as to cause serious injury (e.g. screwdriver, hammer, baton, baseball bat); if a knife is provided to the guest in one of the catering facilities of THERMEN & BADEWELT EUSKIRCHEN, it may only be used in accordance with its purpose and only within the respective catering facility
bb) impair the physical integrity of a person (e.g. corrosive liquids).
(4) Smoking is not permitted outside the designated areas. The smoking ban also extends to the use of all types of so-called electronic cigarettes.
(5) Subject to the prior written consent of TBWEG, it is not permitted to smoke in the THERMEN & BADEWELT EUSKIRCHEN
(a) to display or affix advertising leaflets, flyers, brochures or similar
or to distribute;
b) to carry out actions which are intended to serve the commercial interests of the guest or a third party;
c) to hold or call meetings;
d) to carry out actions aimed at the dissemination of political, religious or ideological convictions or to form political opinions;
e) to carry out signature or donation campaigns.
§ 9 Duties of supervision
(1) The parents are responsible for the supervision of their child. This duty is not cancelled by the fact that TBWEG employs personnel within the scope of its duty of safety on the road to recognize and ward off dangers. Parents are responsible for ensuring that their children do not come to any harm during their stay at the THERMEN & BADEWELT EUSKIRCHEN. In addition, parents must ensure that their children do not violate the regulations of these house and usage rules.
(2) The obligations under the above paragraph (1) also apply to those to whom a child has been entrusted for supervision during a visit to THERMEN & BADEWELT EUSKIRCHEN.
(3) A liability of TBWEG according to § 14 is not affected by the above paragraphs (1) and (2).
§ 10 Use of lockers and lockers, deposit of valuables
(1) TBWEG provides the guest free of charge with lockers for the storage of his clothes as well as lockers for the possible storage of valuables. The locking mechanism of the lockers is activated and deactivated by guiding the transponder to the locking cylinder. The lockers are designed so that they can be opened and closed with a key.
(2) TBWEG shall make every reasonable effort to prevent the forcible opening of lockers and lockers by unauthorised persons. The construction and purpose of the lockers and lockers are not designed in such a way that they can permanently withstand attempts to open them by force with sufficient certainty. In his own interest, the guest should therefore refrain from putting valuables in lockers or lockers.
(3) It is incumbent upon the guest to ensure, by observing the care required in traffic, that unauthorised persons do not come into possession of the transponder or the key to the locker or cupboard used by him and thereby have the possibility of accessing the contents of the locker or cupboard.
(4) In the event that the guest suffers damages in connection with the opening of lockers or lockers by an unauthorized person, the liability of TBWEG is based on § 14.
§ 11 Video Surveillance
There is video surveillance in the area of the lockers and in other areas of THERMEN & BADEWELT EUSKIRCHEN. This is again indicated at the affected locations by signs, on which the information required by data protection law is also given.
§ 12 Violations of the house and usage regulations, communication of personal data
(1) If a guest violates the house and usage regulations, TBWEG is entitled to exclude the guest from further usage for the respective day and to refer the guest to THERMEN & BADEWELT EUSKIRCHEN, taking into account all circumstances of the individual case, especially the type, severity and duration of the violation and its consequences. The rights and claims of the guest arising from the statutory provisions remain unaffected.
(2) If, based on objective facts, there is a risk that a guest will violate the provisions of the house and usage regulations in the future, TBWEG is entitled to exclude the guest from the usage for a longer period of time (hereinafter referred to as "house ban"), taking into account all circumstances of the individual case. The TBWEG determines the duration of the house ban at its own discretion. TBWEG listens to the guest before issuing a house ban. The rights and claims of the guest resulting from the legal regulations remain unaffected.
(3) In the event of a violation of the house rules or a suspicion of such a violation based on factual evidence, the guest informs TBWEG of his personal data (last name, first name, summonable address) and identifies himself by means of suitable documents (e.g. identity card, driver's license). A copy of the documents will not be made.
(4) The guest also identifies him/herself according to the above paragraph (3) and informs the TBWEG of the data mentioned there if the TBWEG has a legal interest in knowing these data. A corresponding legal interest exists in particular if these data are required for the assertion, exercise, or defense of rights or claims of TBWEG.
§ 13 Liability of the Guest
If the guest culpably violates an obligation from the contractual relationship that came into being between him and the TBWEG, he is liable to the TBWEG for damages according to the legal regulations. The same applies to culpable violations of obligations by persons for which the guest is legally responsible.
§ 14 Liability of TBWEG
(1) The TBWEG is liable to the guest according to the legal regulations for damages to life, body and health which are based on a culpable breach of duty by the TBWEG, its legal representatives or its vicarious agents. Furthermore, TBWEG is liable to the guest according to the legal provisions for other damages which are based on intentional or grossly negligent breaches of duty by TBWEG, its legal representatives or its vicarious agents.
(2) If a damage is based on the simple negligent violation of an essential contractual obligation, i.e. an obligation whose fulfillment is essential for the proper execution of the contract and on whose compliance the guest as contractual partner of TBWEG may regularly rely, the liability of TBWEG is limited to the damage foreseeable and typical for the contract at the time of the conclusion of the contract. The same applies if the guest is entitled to claims for damages instead of the service.
(3) Otherwise TBWEG is not liable to the guest for damages.
§ 15 Final Provisions
Should individual provisions of these house and use regulations be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.
Thermen & Badewelt Euskirchen GmbH