General terms and conditions for the shop of Best Alpine Wellness Hotels
(General terms and conditions for vouchers at the bottom of the page)
1.1 The Best Alpine Wellness Hotels (hereinafter referred to as BAWH) operate an online store under the URL mybestwellness.com, through which the goods and vouchers offered there can be ordered and purchased.
1.2 The Best Alpine Wellness Hotels are willing to conclude transactions exclusively on the basis of the General Terms and Conditions. Should the customer's general terms and conditions contain provisions that are contrary to these GTCs or contain additional provisions not considered here that deviate from the legal provisions, these provisions shall not become part of the contract.
1.3 Insofar as consumers are referred to in the following, they are understood to be natural persons for whom a transaction does not form part of the operation of their business, and consequently the purpose of the order cannot be attributed to a commercial, self-employed or freelance activity. Entrepreneurs, on the other hand, are natural or legal persons or partnerships with legal capacity for whom the transaction is part of the operation of their business. The demarcation between consumers and entrepreneurs is based on the Austrian Consumer Protection Act (KSchG). "Customers" in the sense of these GTCs are both consumers and entrepreneurs.
Conclusion of contract, delivery and exchange
2.1 Only those prices are binding which are displayed to the customer when viewing the shopping cart.
2.2 Orders are only possible within the scope of normal household quantities. Orders are only accepted from customers
a. who are of age according to Austrian law, i.e. have reached the age of 18,
b. who, if they are not of age, can produce the consent of their legal representative,
c. who have full legal capacity.
Information on any other general or product-specific delivery restrictions as well as the means of payment accepted by BAWH will be provided at the beginning of the order process.
2.3 Orders of the customer via this online store are always to be qualified as offers of the customer. By entering all data required for the execution of the contract, confirming the General Terms and Conditions and clicking the button "Order subject to payment", a binding offer subject to payment is made for the items contained in the shopping cart.
2.4 The contract is concluded by a written declaration of acceptance (= order confirmation) by BAWH. If the customer is a consumer, BAWH shall send a written declaration of acceptance or a written rejection of the offer within 7 days of receipt of the offer at the latest.
2.5 In the case of goods ordered electronically (in particular via the Internet or by e-mail), BAWH shall immediately confirm receipt of the order to the customer who is a consumer. If the customer is an entrepreneur, the express confirmation of receipt shall not be required. The confirmation of receipt sent to the customer does not constitute a binding acceptance of the order, but may be combined with it; in this case, the confirmation of receipt shall expressly refer to the acceptance of the order by BAWH.
2.6 If the contract confirmation of BAWH does not correctly reflect the order placed by the customer, the customer must give notice of this within three working days (Monday to Friday) from receipt of the contract confirmation, stating the incorrect points, whereby this must be addressed to BAWH and must be in text form (e-mail, post). Otherwise, the contract shall be binding according to the contract confirmation.
2.7 If the contract is not concluded, for example due to rejection by BAWH, and the customer has already made payment based on the payment method chosen by him, the customer's payment shall be reversed. In the event of a rejection, the customer shall have no claims against BAWH other than the reimbursement of payments already made.
2.8 Irrespective of any right of withdrawal or revocation pursuant to clause 4 of these General Terms and Conditions, the customer shall not be entitled to any general right of exchange or return.
2.9 BAWH shall be entitled to partial deliveries and services.
Retention of title and right of withdrawal of Best Alpine Wellness Hotels in case of default of payment
3.1 The Best Alpine Wellness Hotels retain title to the goods until the purchase price has been paid in full. The customer may not dispose of the goods subject to BAWH's retention of title, in particular sell, pledge, give away or lend them, until the outstanding purchase price claim has been settled in full. The customer shall bear the full risk for the goods already taken over by him until payment of the purchase price, in particular for the risk of destruction, loss or deterioration.
3.2 BAWHA shall be entitled to withdraw from the contract and demand the return of goods already handed over to the customer in the event of default in payment by the customer or in the event of revocation of payment orders issued by the customer, subject to the granting of a reasonable period of grace. The assertion of the retention of title shall only constitute a withdrawal from the contract if this is expressly declared.
3.3 In the event that BAWH reclaims goods subject to retention of title, the customer shall pay BAWH an appropriate usage fee for the (proper) use of the goods subject to retention of title, including compensation for the reduction in the fair market value associated with the use, and shall indemnify BAWH for all damage and deterioration of the goods subject to retention of title culpably caused (including by improper use).
Right of withdrawal of the consumer when concluding the contract at a distance.
4.1 Right of withdrawal:
4.1.1 If the customer is a consumer within the meaning of the KSchG, he has the right to withdraw from a contract concluded at a distance or outside BAWH's business premises or from a contractual declaration made at a distance (e.g. by mail or e-mail) without giving reasons. The revocation period is fourteen days from the day of the conclusion of the contract.
4.1.2 In order to exercise the right of withdrawal, the customer must inform Best Alpine Wellness Hotels (firstname.lastname@example.org) of his/her decision to withdraw from the contract by means of a clear declaration (e.g. an e-mail).
4.1.3 In order to comply with the revocation period, it is sufficient that the notification of the exercise of the right of revocation is sent before the expiration of the revocation period.
4.1.4 The right of withdrawal shall not apply,
a. for goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that their seal has been removed after delivery,
b. for goods that can spoil quickly or whose expiration date would be quickly exceeded,
c. for goods that are made to customer specifications or clearly tailored to personal needs,
d. in the case of contracts for services in the areas of accommodation for other than residential purposes, transport of goods, rental of motor vehicles as well as the supply of food and drink and services provided in connection with leisure activities, insofar as in each case a specific time or period is contractually stipulated for the performance of the contract by the entrepreneur.
4.2 Consequences of revocation:
4.2.1 In general: If the Customer revokes the contract, BAWH shall repay him all payments received, except for delivery and shipping costs, without undue delay and no later than within fourteen days from the day on which BAWH received the notification of the revocation of the contract. For this repayment, BAWH shall use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise; in no case shall the customer be charged any fees due to this repayment.
4.2.2 Additional note for contracts for the sale of goods: BAWH may refuse repayment until the goods have been returned or until the customer has provided proof of return. The customer shall bear the direct costs of returning the goods. The customer shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods that is not necessary for the inspection of the quality, characteristics and functioning of the goods.
4.2.3 Additional note for contracts for services:
If, in the case of a contract for the provision of services, the customer has requested that the provision of services in respect of the services should commence during the revocation period, the customer shall pay a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which the customer notifies the publisher of the exercise of the right of revocation in respect of the contract compared to the total scope of the services provided for in the contract.
5.1 Online orders can be placed either via a guest account or via an individualized customer account.
5.2 The registration of the customer account is free of charge. A customer account may only be created and orders may only be placed by,
- who, according to Austrian law, is already of age, i.e. has reached the age of 18,
- who, if he or she is not of age, can present a relevant consent of the legal representative,
- who has full legal capacity.
5.3 The registration takes place via customer name and password; these access data to the customer account are not transferable. The customer is obliged to keep his password secret. BAWH shall not disclose the access data to third parties. The customer shall report any unauthorized or improper use of his customer account to BAWH immediately after becoming aware of it and shall subsequently explain and certify the circumstance of the misuse.
5.4 Customer accounts that are/were not used for more than six months can be suspended by BAWH. The customer account is not lost upon suspension, but remains reserved for the customer and can be reactivated by the customer at any time.
can be reactivated by the customer at any time by requesting reactivation of the customer account from the provider. The reactivation will be carried out by the provider without unnecessary delay. The provider is entitled to deactivate customer accounts that are
accounts that have not been used for more than one year. The Customer shall be informed of the suspension or deletion by e-mail to the e-mail address last provided by the Customer to the Provider.
5.5 The customer is obligated to provide truthful and complete personal information during registration according to the specifications of the registration form and to update this data immediately in case of changes. The customer can
view and change personal data and account settings at any time in the area of his profile.
5.6 It is prohibited to assume the identity of others during registration and/or to infringe upon the rights of others to use their name.
Special provisions for vouchers
6.1 In addition to goods, vouchers in the form of value or service vouchers can also be purchased via the online store. The vouchers can be redeemed at the current members of BAWH and in the BAWH store. Means of payment are immediate bank transfer, advance payment (only for postal delivery) and credit cards (VISA, Mastercard, Diners Club).
The vouchers will only be activated in the system after full payment by the customer and can then be redeemed at the partner company(ies) listed.
If the vouchers are redeemed at the partner companies, the services of BAWH are limited to the mediation of the conclusion of the contract between the partner company and the customer as well as the processing of the voucher dispatch and the collection for the partner companies. BAWH therefore does not owe the services in the partner company that can be consumed through the voucher and is therefore liable neither for the redeemability nor for other claims arising from and in connection with the voucher.
In some cases, vouchers issued by partner companies are also purchased by the provider against payment and sold to customers via the online store. In both cases, the service of the provider is complete with the transfer of the voucher to the customer. All claims (e.g. claims for repayment of the amount paid due to non-performance or defective services, warranty, damages, etc.) of the customer in connection with the service consumed by the voucher are to be addressed directly to the provider. Consumable service are to be addressed directly to the partner company where the voucher is redeemed and not to the provider.
6.2 Value vouchers:
6.2.1 The amount of credit to be purchased from value vouchers shall be at least €20 and no more than €3,000 per voucher and order. Vouchers can be saved as a pdf-document after the order process has been completed and can be
printed out or requested by mail.
6.2.2 The Vouchers shall be provided with a barcode and, in addition, the Customer, the Voucher and the Voucher value shall be recorded and stored in the Provider's system. The credit balance attributable to the value voucher shall be credited upon consumption of services in the amount of the equivalent value consumed. This prevents multiple use of the voucher.
6.2.3 Vouchers can be redeemed up to the validity date stated on the voucher to the extent of the credit shown and not yet used at all participating partner companies upon presentation of the voucher for services offered by the respective partner company.
services offered by the respective partner company. Any necessary bookings or appointments must be made directly by the voucher holder.
6.2.4 The value of the Voucher shall be offset against the invoice amount and deducted from the invoice amount, whereby the credit may be used either all at once or in part. Any remaining credit balance shall be retained until the
validity date. A cash redemption with regard to the voucher value or remaining residual value in the case of partial consumption is excluded.
6.3 After the download has been completed or - in the case of postal delivery - after the voucher or voucher card has been handed over to the delivery person, the customer shall bear the risk of loss of the voucher, in particular the risk of loss or theft. In the event of loss, theft or damage to a voucher, the Provider shall therefore not provide any compensation.
6.4 Vouchers are transferable and may be passed on by the Customer to third parties for private use. The commercial resale of vouchers by the customer is not permitted.
6.5 Vouchers are only valid within the validity period stated on the voucher and expire after the expiry date stated on the voucher. If the voucher is not redeemed within the
If the voucher is therefore not redeemed within the validity period, the service thereby securitized or the credit not yet used shall expire.
6.6 BAWH shall be entitled to unilaterally change or deviate from the participating partner companies at which the vouchers can be redeemed, as well as the contractual service to be provided, if and to the extent that the change and/or deviation is reasonable for the customer, in particular because the change is minor and objectively justified under consideration of all circumstances. In the case of changes in the area of partner companies where the vouchers can be redeemed, this is the case, for example, if an omitted offer is replaced by an equivalent offer or is still covered elsewhere in the remaining overall offer.
Price, shipping costs, terms of payment, interest on arrears, provision of security, limitation of set-off.
7.1 All prices quoted by BAWH are in Euro and include VAT. No discount shall be granted.
7.2 Shipping costs shall be charged to the customer in addition to the stated prices of the respective goods or services as follows: The shipping costs after confirmation of the shopping cart under "Check Order" shown. On the order confirmation, after purchase, as well as on the invoice, the shipping costs are shown. Online shipping costs can be found at mybestwellness.com/shipping-information.
7.3 The BAWH are entitled to make the conclusion of the contract dependent on an appropriate security or advance payment - usually 50% - of the customer, if the provider must provide customer-specific settings and advance services due to the specific order of the customer or the customer does not agree to a credit check for transactions that are not processed step by step, or it is expected that the customer does not meet his payment obligations or not in a timely manner. The latter is the case, for example, if the Customer has already failed to meet payment obligations to the Provider in a timely manner in the past.
7.4 The customer, who is a consumer, may only set off counterclaims against BAWH in the event of BAWH's insolvency or, in addition, with counterclaims that are legally related to the customer's (consumer's) liability, that have been determined by a court or recognized by BAWH.
7.5 The customer, who is an entrepreneur, shall have a right to set-off only if his counterclaims have been legally established or acknowledged by BAWH.
7.6 The customer who is an entrepreneur shall not be entitled to withhold payments. § Section 1052 of the Austrian Civil Code (ABGB) shall not apply to the customer.
Reminder and collection charges in case of default of payment by the customer
8.1 In the event of default in payment, the customer undertakes to reimburse BAWH for any dunning and collection expenses incurred, insofar as they are necessary for the appropriate prosecution.
8.2 Until a lawyer or a collection agency has been entrusted with the task, a reminder and collection fee of € 15,- per reminder will be charged. If the dunned fee is lower than this amount, the dunning charges shall be limited to the amount of the dunned fee.
8.3 The reminder and collection charges to be borne by the customer shall in any case include a lump sum of € 40 as compensation for collection costs in accordance with § 458 of the Austrian Commercial Code (UGB) for business transactions. The assertion of further rights and claims remains unaffected. The customer, who is an entrepreneur, undertakes to bear all costs and expenses associated with the collection of the claim, in particular collection fees or other costs necessary for an appropriate legal prosecution, even if these exceed the lump sum for collection costs.
8.4 BAWH reserves the right to hand over the pursuit of the claim to a collection agency or to a lawyer if the customer has not paid within 14 days after the first reminder. In this case, the customer shall also be obligated to reimburse BAWH for the costs actually incurred by the collection agency or attorney in connection with the out-of-court collection of the claim and necessary for the appropriate prosecution of the claim, insofar as these costs are in reasonable proportion to the claim pursued and the delay in payment was caused by the customer.
Delivery, Transport, Transfer of Risk, Provider's Right of Withdrawal in the Event of Default of Acceptance
9.1 In the absence of any other agreement in individual cases, goods shall be delivered within 30 days of the conclusion of the contract.
9.2 In case of non-availability or only partial availability of the ordered goods and services, the customer will be informed immediately and will be informed at what time the delivery can be made.
9.3 The risk of accidental loss or accidental deterioration of the goods shall pass to the customer upon handover - in the case of sale to destination upon handover of the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. The handover shall be deemed to have taken place if the customer is in default of acceptance, i.e. if the customer has not accepted the goods as agreed (default of acceptance).
9.4 If the customer has not taken over the goods as agreed (default in acceptance), BAWH shall be entitled, after unsuccessfully setting a grace period, either to store the goods on its premises, for which BAWH may charge a storage fee of 0.1% of the gross invoice amount per calendar day or part thereof, or to store the goods at the expense and risk of the customer with an authorized party. At the same time, BAWH shall be entitled to insist on performance of the contract or to withdraw from the contract after setting a reasonable grace period and to dispose of the goods elsewhere.
BAWH's right to make changes, product presentation and presentation.
10.1 BAWH shall be obliged to deliver/perform the goods or services to be rendered to the customer in accordance with the contract. The contractual performance to be rendered may be modified unilaterally if and to the extent that the modification and/or deviation is reasonable for the customer, in particular because the modification is minor and objectively justified under consideration of all circumstances.
10.2 The color representation of the symbol images concerning the goods offered in the online store depends, among other things, on the quality of the screen and the settings on the customer's PC. The real colors of the goods may therefore differ slightly from the representation on the customer's screen. BAWH neither guarantees nor owes an exact match between the color representation of the symbol images concerning the goods offered in the online store and the real colors of the goods.
10.3 This shall also apply mutatis mutandis to the presentation of the goods in the advertising presentation in the print area, but also online. Here, too, the representation of the symbol images depends on the quality of the respective carrier material (e.g. paper) and the quality of the printing. An exact match between the color representation of the symbol images according to the illustrations and the real colors of the goods is neither guaranteed nor owed.
Warranty, Guarantee and Compensation
BAWH does not give any guarantees to its customers in the legal sense; manufacturer's guarantees remain unaffected. Insofar as manufacturer's warranties exist, the claims resulting therefrom with regard to the purchased goods/services shall be assigned to the customer.
11.2.1 The warranty period shall be two years for customers who are consumers and six months for customers who are entrepreneurs, starting from the handover of the goods.
11.2.2 For customers who are entrepreneurs, the following shall also apply: Defects shall be reported by the customer to BAWH as soon as possible. The customer must inspect the delivered goods for defects within a reasonable period of time and notify BAWH in writing of such defects within a period of one week from receipt of the goods; otherwise, the assertion of claims under the title of warranty, damages and error shall be excluded. Hidden defects must be reported in writing within a period of one week from discovery; timely dispatch shall suffice to meet the deadline. The customer shall bear the full burden of proof for all claim prerequisites, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notice of defect. § Section 924 ABGB shall not apply. BAWH shall be entitled to choose the type of warranty remedy (improvement, replacement, price reduction or redhibition) itself. The customer shall not have the right to choose.
11.3.1 Each party to the contract shall be liable to the other party in accordance with the general provisions of the law on damages, unless otherwise expressly agreed in writing either in these GTC or otherwise.
11.3.2 The liability of the Provider towards customers who are entrepreneurs - with the exception of liability for personal injury, for which liability is already assumed for slight negligence - shall only be assumed in cases of intent and gross negligence. The liability according to the product liability law is excluded towards entrepreneurs. Except in the case of intent, liability is limited to the amount of the invoice, but not more than € 7,500, and liability for loss of profit, consequential damages, pure financial loss, as well as all indirect damages, savings not achieved, loss of interest and damages from claims by third parties against the customer. The applicability of § 1298 S 2 ABGB is excluded.
11.3.3 With regard to the liability of BAWH towards customers who are consumers, it is agreed - insofar as liability depends on fault on the part of BAWH - that liability - except for liability for personal injury, for which liability is already assumed for slight negligence - is excluded for slight negligence. Furthermore, the aforementioned limitation of liability shall not apply to damage to items handed over to BAWH for processing.
Communication between the contracting parties
12.1 The customer agrees to the electronic transmission of communications from BAWH regarding orders placed by the customer as well as invoices and invoice-related communications to the e-mail address disclosed by the customer to BAWH. The customer's attention is drawn to the fact that invoices trigger payment deadlines or other contract-relevant communications trigger response deadlines, non-compliance with which may result in financial disadvantages for the customer (e.g. interest on arrears, debt collection costs). The customer is therefore obliged to provide a valid e-mail address and to notify any changes without delay.
12.2 The Customer may notify changes to its e-mail address(es) used and other contact data at any time or make the change in the Customer Account itself. The Customer is obligated to notify the Provider immediately in writing (by fax, e-mail or mail) of any changes to its contact data, in particular its name, delivery address and the e-mail address it uses, while the Customer's account is still active or until orders have been finally processed.
12.3 If the Customer fails to notify BAWH of a change in its delivery address or a change in the e-mail address provided by it to BAWH and if BAWH is not aware of the relevant current data of the Customer, legally significant declarations - e.g. invoices - shall be deemed to have been made by BAWH: Invoices - from BAWH - even if they have not actually been received by the customer, shall nevertheless be deemed to have been received by the customer, provided that such declarations have been sent by BAWH to the last delivery address provided by the customer. In such a case, delivery shall be deemed to have taken place on the fifth working day after dispatch in the case of letters to the address last notified by the customer within Austria.
Place of Performance, Contractual Language, Choice of Law, Place of Jurisdiction
13.1 The place of performance shall be the registered office of the Provider (Innsbruck).
13.2 The contractual language is German.
13.3 This contract is subject to Austrian law. The application of the UN Convention on Contracts for the International Sale of Goods is excluded. The right of the consumer to invoke the mandatory provisions of the law of the Member State in which the consumer has his habitual residence, if the requirements of § 6 para 1 of Regulation 593/2008 (Rome I) are met, remains unaffected.
For all disputes arising from this agreement, the application of Austrian law and the exclusive jurisdiction of the relevant court in Innsbruck is agreed. For all disputes arising from and in connection with the contract, the exclusive jurisdiction of the court having subject-matter jurisdiction for Innsbruck is agreed. The rights of the consumer according to § 14 KSchG as well as Art 17ff of Regulation 1215/2012 (EuGVVO) remain unaffected.
14.1 If this is a business transaction, the following shall apply: Should any provisions of this Agreement be legally ineffective, invalid and/or void or become so in the course of their duration, this shall not affect the legal effectiveness and validity of the remaining provisions. In this case, the legally ineffective, invalid and/or void (legally ineffective, invalid and/or void) provision shall be replaced by a provision that is legally effective and valid and corresponds in its economic effect to the replaced provision - as far as possible and legally permissible.
14.2 There are no verbal collateral agreements. All agreements, subsequent amendments, supplements, collateral agreements, etc. must be in writing to be valid. This shall also apply to any waiver of the written form requirement. Declarations via fax and e-mail shall be deemed to be in writing.
General terms and conditions for vouchers of Best Alpine Wellness Hotels
The Best Alpine Wellness Hotels offer a voucher system for the purchase of value vouchers for the Best Alpine Wellness Hotels on www.bestwellnesshotels.at or www.wellnesshotel.com (hereinafter only referred to as www.wellnesshotel.com). Value vouchers can be ordered via this website and then redeemed at the respective partner establishment.
- The Best Alpine Wellness Hotels value vouchers, which are available at www.wellnesshotel.com, are charged to the Best Alpine Wellness Hotels and can be purchased by printing them out yourself via the voucher system and paying by credit card or online bank transfer (Sofortüberweisungen.de).
- The vouchers become valid only after full payment of the amount. The voucher amounts are exclusive of VAT, which will only be taken into account when redeemed at the company. The ordered or purchased vouchers cannot be redeemed in cash.
- The booking and thus the redemption of the vouchers must be made by the customer directly at the respective partner business. The establishments receive protected access to the "voucher system" and can thus claim the vouchers purchased by the customer and validate them directly by means of the printed barcode.
- Only the value of the voucher may be charged to the Best Alpine Wellness Hotels; any consumption exceeding the value of the voucher must be settled directly between the customer and the respective establishment. If the entire value of the voucher has not been consumed, the customer retains the remaining amount on the voucher for the corresponding voucher partner establishments. A refund on the part of Best Alpine Wellness Hotels is excluded.
- Persons over the age of 18 are entitled to order value vouchers.
A return of the voucher is possible if it is returned to Best Alpine Wellness Hotels by registered mail within 14 days of purchase and no booking has yet been made. After receipt of the voucher, the amount will be transferred to the account to be made known to Best Alpine Wellness Hotels. Only customers who are consumers in the sense of the Consumer Protection Act can make use of the right of return.
The value vouchers purchased are valid for five years. An extension of the validity can only be made by the group of Best Alpine Wellness Hotels.
The group of Best Alpine Wellness Hotels assumes no liability for the redemption of the ordered vouchers, the redemption is the responsibility of the respective establishment.
The customer uses this website at his own risk. The Best Alpine Wellness Hotels assumes no liability for damages resulting from the use of this website. The Best Alpine Wellness Hotels also assumes no liability for interruptions, technical failures, maintenance, etc. The Best Alpine Wellness Hotels will remedy any disruptions or failures as quickly as possible.
6. Data protection
The Best Alpine Wellness Hotels declare compliance with the Austrian Data Protection Act. Furthermore, the Best Alpine Wellness Hotels declare to keep the data given to them by the customer secret, as far as there is no legally permissible reason for a transfer or disclosure of the entrusted or accessible data. Data such as credit card number, bank code, account number, name and address when paying with credit cards are transmitted via a protected SSL line.
Your data will be processed automatically. You will receive advertising information exclusively from Best Alpine Wellness Hotels.
7. Place of jurisdiction
For all disputes arising from this agreement, the application of Austrian law and the exclusive jurisdiction of the relevant court in Innsbruck is agreed.
Best Alpine Wellness Hotels