House Rules | Therme Euskirchen
§ 1 Scope of application
(1) The following provisions apply to contracts concerning the use of the range of 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 shall not be affected by the following provisions. Insofar as special agreements made by TBWEG with the district town of Euskirchen or third parties do not expressly regulate otherwise, the provisions of these house and usage regulations shall remain unaffected.
(3) The THERMEN & BADEWELT EUSKIRCHEN consists of the publicly accessible reception area (hereinafter referred to as "foyer") as well as the spatially separated building complexes "Sportbad", "Palmenparadies" and "Vitaltherme & Sauna" (hereinafter referred to as "building complexes").
§ 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, the guests as well as the employees of TBWEG:
a) Persons who have tested positive for the SARS-CoV2 virus (Corona virus), as long as they are in domestic isolation by virtue of an official order;
(b) contact persons of persons who have tested positive for the Corona virus, unless the respective contact person has been free of 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 at the invitation or on the basis of special permission from TBWEG. A stay for other purposes is not permitted.
(3) The stay 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) Contracting parties are TBWEG and the guest.
(2) A contract between TBWEG and the guest shall only be concluded if TBWEG accepts the guest's offer. The acceptance of the offer is effected by the cashier handing out an access authorisation in the form of a transponder to the guest against presentation of a valid online ticket. The guest is obliged to return the transponder issued to him/her before leaving the THERMEN & BADEWELT EUSKIRCHEN.
(3) TBWEG shall only accept the offer of guests if the following age restrictions do not conflict:
a) "Sports Pool
Persons under 10 years of age shall only be admitted to the "Sports Pool" on condition that they are accompanied by a parent or a supervisor of full age.
b) "Palmenparadies
Access to the "Palmenparadies" is only granted to persons over 16 years of age. Children up to 3 years of age are admitted to the "Palmemparadies" if they are accompanied by a parent or a supervisor of full age. Children and young people between the ages of 4 and 15 are only admitted to the "Palmenparadies" on special regular or irregular promotion days, but not otherwise.
c) "Vitaltherme & Sauna
Access to the textile-free "Vitaltherme & Sauna" is only granted to persons over 16 years of age.
Paragraph (5) remains unaffected.
(4) The guest has no right to claim that TBWEG accepts his/her offer to conclude a contract. TBWEG reserves the right to reject the offer for operational reasons (e.g. due to an excessive number of visitors) or other objective reasons. Other objective reasons shall be deemed to exist in particular if, due to the specific circumstances of the individual case, there is serious reason to fear that the guest will
a) will violate the following regulations;
b) would endanger himself or others during his stay in the THERMEN & BADEWELT EUSKIRCHEN due to his physical, mental or other condition.
In the event that TBWEG does not accept the guest's offer, TBWEG shall refund the fee paid for the online ticket.
§ 4 Prices, transfer to other areas
(1) For the possibility to use the building complexes, TBWEG charges admission in different amounts due to the diversity of the respective range of services. In addition, the entrance fee to be paid depends on which tariff the guest chooses or which tariff applies depending on the time of day, day of the week or other circumstances at the time of conclusion of the contract. If the respective tariff provides for a limited length of stay, exceeding this will lead to an increase in the admission fee. The current tariffs and the admission resulting from them are announced on screens above the ticket office islands.
(2) Admission authorisation is non-transferable. It is not permitted to make the admission authorisation available to another guest for use against payment or free of charge or to have the admission authorisation of another guest made available for use against payment or free of charge. Provision for use is deemed to have occurred if possession of the access authorisation is transferred in order to obtain the opportunity to use a building complex for oneself or another guest in breach of contract without paying the entrance fee charged by TBWEG for this purpose. 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
By means of the contract, TBWEG undertakes to grant the guest the possibility to use the range of services within the respective building complex within the scope of his access authorisation. The possibility of use extends to the areas, facilities and equipment dedicated to guest traffic, unless these are temporarily blocked by TBWEG for operational or other factual reasons or are not available to the guest in the specific case due to the exhaustion of their spatial capacity or their numerical contingent; the rights and claims of the guest resulting from the legal provisions remain unaffected.
§ 7 General contractual obligations of the guest
(1) By means of the contract, the guest undertakes to pay TBWEG the agreed admission fee for the selected building complex. He further undertakes to pay TBWEG any surcharges for
a) the payable transfer to another building complex,
b) exceeding a period of stay provided for in the tariff or
c) the use of other payable additional services (such as food or beverages).
to be paid.
(2) The guest undertakes by the contract,
a) to carry his access authorisation
aa) to carry it with him/her at all times;
bb) to show it to the employees of TBWEG and its other vicarious agents upon entering a building complex as well as upon request at any time and, if necessary, to hand it over for control purposes;
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 annoy, disturb or offend the decency of other guests. He/she shall refrain from anything that is improper on the basis of social rules and customs;
d) to observe the warning and other behavioural instructions posted by TBWEG;
e) to comply with requests by TBWEG employees and other vicarious agents in connection with his/her stay in the THERMEN & BADEWELT EUSKIRCHEN;
f) to clean themselves for hygienic reasons in the shower rooms provided for this purpose after removing their street clothes;
g) not to commit any criminal offences or administrative offences to the detriment of other guests or TBWEG. If TBWEG becomes aware of facts which give rise to the suspicion that a guest has committed a criminal offence or misdemeanour in the THERMEN & BADEWELT EUSKIRCHEN, it shall report these facts to the responsible authorities. Further steps taken by TBWEG against the person suspected of a criminal offence or misdemeanour committed in the THERMEN & BADEWELT EUSKIRCHEN remain unaffected by this.
§ 8 Prohibitions
(1) It is forbidden for guests to perform sexual acts on themselves or other guests in the THERMEN & BADEWELT EUSKIRCHEN or to have other guests perform sexual acts on them.
(2) The guest is not permitted to bring into the THERMEN & BADEWELT EUSKIRCHEN drinks and food of any kind (including sweets), to consume them or to consume drinks or food brought in by other guests. This prohibition does not apply to drinks and food,
a) on which a guest is dependent for medical or other reasons or is restricted (e.g. as a result of allergies or food intolerances);
b) which are objectively intended for newborns, infants or small children (such as bottled milk, jar food, porridge).
TBWEG undertakes towards the guest to keep beverages, food and luxury food available and to offer them at reasonable prices. Reasonableness shall be assessed according to whether the prices are customary in the gastronomy market.
(3) The guest is not permitted to bring into the THERMEN & BADEWELT EUSKIRCHEN or to carry with him there
a) Narcotics of any kind with the exception of prescription medicines which have been prescribed for the guest by a doctor;
b) containers made of glass, porcelain, ceramics or other fragile materials; if food or drink is served to the guest in one of the gastronomic facilities of THERMEN & BADEWELT EUSKIRCHEN in such containers, these may only be used in accordance with their purpose and only within the respective gastronomic facility;
c) animals; for hygienic reasons, the prohibition also applies to animals whose purpose is to compensate for disadvantages that may result from a person's physical or mental condition (e.g. guide dogs);
(d) knives or other dangerous objects; dangerous objects are any tools or substances which, by virtue of their material, composition and/or other properties, are capable of being,
aa) be used against a person in such a way as to cause considerable injury (e.g. screwdriver, hammer, baton, baseball bat); if a knife is made available to the guest in one of the gastronomic facilities of THERMEN & BADEWELT EUSKIRCHEN, it may only be used in accordance with its purpose and only within the respective gastronomic 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 prior written approval by TBWEG, it is not permitted in the THERMEN & BADEWELT EUSKIRCHEN to
a) to display, affix or distribute advertising brochures, flyers, printed material or similar
or distribute them;
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 for meetings;
(d) to engage in acts aimed at the dissemination of political, religious or philosophical opinions or the formation of political opinion;
(e) to carry out signature or fundraising campaigns.
§ 9 Duties of supervision
(1) Parents are responsible for the supervision of their child. This duty is not waived by the fact that TBWEG employs personnel to recognise and avert dangers within the scope of its duty to ensure traffic safety. Parents are responsible for ensuring that their children do not come to harm during their entire stay at the THERMEN & BADEWELT EUSKIRCHEN. In addition, parents must ensure that their children do not violate the provisions of these house and user regulations.
(2) The obligations from the above paragraph (1) also apply to the person to whom a child has been entrusted for supervision during the visit to the THERMEN & BADEWELT EUSKIRCHEN.
(3) Any liability of TBWEG in accordance with § 14 shall not be affected by the above paragraphs (1) and (2).
§ 10 Use of lockers and lockers, deposit of valuables
(1) TBWEG shall provide the guest with lockers free of charge for the storage of his/her clothing as well as lockers for the possible storage of valuables. The locking mechanism of the lockers is activated and deactivated by inserting the transponder into the locking cylinder. The lockers are designed in such a way that they can be opened and locked with a key.
(2) TBWEG shall make reasonable efforts to prevent unauthorised persons from forcibly opening lockers and lockers. The design and purpose of the lockers and lockers are not such that they can permanently withstand attempts to open them by force with sufficient security. In his or her own interest, the guest should therefore refrain from placing valuables in lockers or lockers.
(3) It is the guest's responsibility to exercise due diligence to ensure that unauthorised persons do not come into possession of the transponder or key to the locker or cupboard used by him/her and thus gain access to the contents of the locker or cupboard.
(4) In the event that the guest suffers damage in connection with the opening of lockers or lockers by an unauthorised person, the liability of TBWEG shall be governed by § 14.
Video surveillance is in place in the lockers and 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 provided.
§ 11 VIDEO SURVEILLANCE
Video surveillance is carried out in the area of the lockers as well as in other areas of the THERMEN & BADEWELT EUSKIRCHEN. This will be pointed out again at the places concerned by means of signs, on which the information required under data protection law will also be given.
§ 12 Violations of the house and usage regulations, communication of personal data
(1) If a guest violates the provisions of the house and usage regulations, TBWEG is entitled to exclude the guest from further use for the respective day and to refer the guest to THERMEN & BADEWELT EUSKIRCHEN, taking into account all circumstances of the individual case, in particular the type, severity and duration of the violation and its consequences. The guest's rights and claims 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 use regulations in the future, TBWEG is entitled, taking into account all circumstances of the individual case, to exclude the guest from use for a longer period of time (hereinafter referred to as "house ban"). The TBWEG determines the duration of the house ban at its own reasonable discretion. The TBWEG will hear the guest before issuing a house ban. The guest's rights and claims 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 the TBWEG of his personal data (surname, first name, summonable address) and identifies himself by means of suitable documents (e.g. identity card, driving licence). 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 the knowledge of these data. A corresponding legal interest exists in particular if this data is 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 arising from the contractual relationship between him/her and TBWEG, he/she shall be liable for damages to TBWEG according to the statutory provisions. The same shall apply to culpable breaches of duty by persons for whom the guest is liable by law.
§ 14 Liability of TBWEG
(1) 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 TBWEG, its legal representatives or its vicarious agents. Furthermore, TBWEG shall be liable to the guest according to the legal provisions for other damages that 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 breach of an essential contractual obligation, i.e. an obligation, the fulfilment of which enables the proper execution of the contract in the first place and on the compliance of which the guest as a contractual partner of TBWEG may regularly rely on, the liability of TBWEG shall be limited to the damage foreseeable and typical for the contract at the time of the conclusion of the contract. The same shall apply if the guest is entitled to claims for damages instead of performance.
(3) Apart from that, TBWEG shall not be liable for damages to the guest.
§ 15 Final Provisions
Should individual provisions of these house and usage regulations be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.
Status: 20.10.2020
Thermen & Badewelt Euskirchen GmbH
