General Terms and Conditions
General Terms and Conditions of AQUA-SPA-RESORTS
As of 04.2023
1. Scope of application
These General Terms and Conditions (GTC) govern the contractual relationship between Aqua-Spa-Resorts AG1) or Aqua-Spa-Resorts AG Thermalbad & Spa2) (‘AQUA-SPA-RESORTS’) and its customers (the ‘Guest’) and apply to all legal relationships entered into and established via the online shop at aqua-spa-resorts.ch and the websites of the individual spa facilities3) (hereinafter the ‘Websites’) or on site concerning the use of the premises and facilities (‘spa facilities’) of AQUA-SPA-RESORTS.
1) Applies to the Bern, Rigi Kaltbad, Samedan, Schönbühl and Locarno branches.
2) Applies to the Zurich branch.
3) including hammam-bern.ch, solbad-schoenbuehl.ch, mineralbad-samedan.ch, huerlimannbad.ch, mineralbad-rigikaltbad.ch, termali-salini.ch
2. Incorporation of these GTC
The latest version of the GTC is displayed on the AQUA-SPA-RESORTS Websites and is available to consult and take away at the entrance of every spa facility. These GTC form an integral part of all contractual relationships between the Guest and AQUA-SPA-RESORTS. By signing the membership agreement concluded in writing, by clicking the relevant box on the Websites or by booking the selected service and using the spa facilities, the Guest confirms that he or she has read, understood and accepted the GTC of AQUA-SPA-RESORTS.
3. House and bathing rules
The Guest is required to respect the house rules of the spa facilities and to follow the instructions of employees of AQUA-SPA-RESORTS. A copy of the house rules is on display at each spa facility. In the event of a serious breach of the GTC, the house rules and/or instructions given by employees, the Guest may receive an immediate ban. In this case, payments already made will not be refunded. We expressly reserve the right to take legal action in the event of breaches involving the misuse of the wristband or annual pass.
The Guest acknowledges that the capacity of the spa facilities is limited and that waiting times may occur.
4. Offer and formation of contract
The following spa access options are available to the Guest:
- Day admission
- Annual membership
The admission price does not include any other services offered by AQUA-SPA-RESORTS, such as massages, health and beauty treatments or special events. The additional services mentioned are recorded electronically on site or online. The recorded bookings are binding for the guest and will be debited upon entry or must be paid on site at the exit. Non-use of a booked/charged service does not entitle the guest to a refund, payment or rebooking. Delays or cancellations at short notice (< 24h) will not be refunded, credited or compensated with substitute services.
Guests who have purchased day admission may use the spa facility on a single day for the duration defined on the ticket.
Tickets purchased online are only valid for the day and for the services listed. Rebooking or refunding is generally not possible.
Online tickets as well as tickets purchased at the Reception are transferable, with the exception of personal subscriptions (e.g. annual subscription).
Multi-entry entitles the Guest to enter the spa facility on the number of days indicated on the multi-entry ticket. Multi-entry tickets are valid for two years from the issue date. Any entries not used within this validity period are forfeited without compensation.
An annual subscription entitles the holder to admission to the Spa World for one year from the date of issue. The annual subscription is personal and non-transferable. The minimum age for an annual subscription is 18 years (completed 18 years of age). The guest acknowledges that a photograph must be taken of him/her to ensure visual control. The photograph is used exclusively for visual control in the spa worlds of the AQUA-SPA-RESORTS and will be deleted upon termination or cancellation of the contract. Non-use of the spa worlds of the AQUA-SPA-RESORTS does not entitle the holder to a price reduction or refund for an annual subscription that has already been paid for. The only exceptions to this are cases of hardship in the form of prolonged illness, an accident with prolonged convalescence or a change of residence with a distance of more than 30 km to the corresponding spa world within the first six months since the issue of the annual subscription (if one of the above-mentioned cases of hardship occurs later, no refund will be made). A refund will only be made if the guest cancels the annual subscription within the above-mentioned six-month period by registered letter, enclosing the necessary confirmations such as a doctor's certificate, employer's confirmation, proof from the Residents' Registration Office, etc. The refund will only be made if the guest cancels the annual subscription within the above-mentioned six-month period by registered letter. The refund of the subscription fee is calculated as follows: 1st month = 45% refund, 2nd month = 40% refund, 3rd month = 35% refund, 4th month = 30% refund, 5th month = 20% refund, 6th month = 10% refund. A fee of CHF 50 will be deducted directly from the refund for administrative expenses.
The guest is entitled to use the facilities and services during the published opening hours. The AQUA-SPA-RESORTS may change or adjust its offer and opening hours at any time. In the event of a temporary restriction of the offer or the operating hours, the guest has no claim to a refund or to an extension of a multiple entry or annual subscription. Operationally necessary closures (e.g. for cleaning, renovation, conversion and revision, etc.) do not give rise to any entitlement to a refund or extension of a multiple entry or annual season ticket.
The guest is not entitled to a refund and compensation or replacement services if the Spa World of the AQUA-SPA-RESORTS is unable to provide the service for reasons beyond its control (including cases of force majeure).
The contractual relationship comes into effect at the time when the Guest receives a confirmation from AQUA-SPA-RESORTS of his/her order placed online via the AQUA-SPA-RESORTS website, by e-mail or by telephone, including the details of the order and these GTC. On site, the contractual relationship comes into effect with the purchase of the corresponding services or admissions and annual subscriptions. (Prices are subject to change)
All prices are in CHF and are gross prices, i.e. they include all price components including all taxes, including VAT. Any delivery and shipping costs as well as short-term time-limited surcharges are to be paid separately. If payment is made in euros, the daily exchange rate applicable on the day of payment shall apply. Prices are subject to change without notice.
Every Guest receives a wristband upon entry to a spa facility. The wristband contains a chip which is used to record entry and exit times, as well as the use of any separate services not included in the day admission, multi-entry ticket or annual membership.
The wristband must be worn in such a way that it is clearly visible while at the spa facility. The Guest is responsible if the wristband is lost or damaged. The loss must be reported to AQUA-SPA-RESORTS immediately. If a new wristband is required, a contribution must be paid towards the cost. Any credit held when the loss is reported will be loaded onto the new chip.
AQUA-SPA-RESORTS vouchers can be redeemed in all spa worlds or online. Service and value vouchers are subject to a 10-year limitation period from the date of issue (Art. 127 OR). Service vouchers contain a credit note for a certain defined range of services, value vouchers can be used in their equivalent value for all services offered. If the agreed service is no longer on offer or no longer available at the same price at the time of redemption of the service voucher, the equivalent value of the same or other service obtained for it shall be credited against the value of the voucher. Exchanges and/or refunds, including partial refunds, are excluded. Any reduced amounts of the vouchers arising in this way are also subject to the 10-year limitation period from the date of issue of the original voucher.
Discounts, promotions and offered admissions do not count as vouchers. They may be claimed in accordance with the specific provisions. They expire at the latest after expiry of the period defined on the voucher. Discounts and concessions are not cumulative.
Vouchers are available at the entrance Reception or in the online shop. When ordering a voucher in the online shop, the voucher can be obtained online as a PDF document and printed out locally by the customer (Print@Home) or delivered in printed form. Orders are usually processed within 48 hours and sent to the specified recipient by Priority mail. Shipping costs are charged per order for printed vouchers as specified when the order is placed.
The voucher will not be replaced in the event of loss or theft.
7. Damaged vouchers/tickets
Vouchers/tickets whose barcode or QR code is no longer legible shall lose their validity. However, these can be printed out again in the personal guest account. In the event of duplicates or fraudulent actions (resulting in a report to the authorities), AQUA-SPA-RESORTS reserves the right to reject all vouchers/tickets and refund the price to the rightful holder.
Each guest can register their own guest account on the website. The guest can load funds onto their guest account and use them to pay for services provided by the AQUA-SPA-RESORTS. The credit expires after 10 years since the last use of the guest account.
9. Payment and payment methods
Payment for online orders and on-site orders is made by credit card, Twint, Paypal, Postcard, cash (CHF/EUR) or prepayment. Credit cards are settled via Worldline Schweiz AG, called Saferpay. The articles and vouchers remain the property of AQUA-SPA-RESORTS until full payment has been made. The offers and services of the AQUA-SPA-RESORTS must only be provided after payment has been made.
The annual membership fee must be paid at the time of conclusion or renewal of the contract.
AQUA-SPA-RESORTS reserves the right to refuse access to the spa facility, charge reminder fees and take legal action in case of outstanding payments. The Guest has no right to a refund or credit for time lost due to late payment.
Payment for additional services and refreshments must be made at the check-out when leaving the spa facility.
Use of the AQUA-SPA-RESORTS spa facilities is at the Guest’s own risk. AQUA-SPA-RESORTS, its employees and its auxiliary personnel cannot be held liable for damage caused by accident, injury or illness.
AQUA-SPA-RESORTS accepts no liability for the loss of valuables, money, clothing, wristbands etc. Liability for items left at reception is also excluded. The Guest is responsible for taking out their own insurance.
When participating in courses, AQUA-SPA-RESORTS accepts no liability whatsoever in the event of concealment of any physical or mental ailments for which participation in courses appears inadvisable. Furthermore, the participant(s) shall not be liable to the AQUA-SPA-RESORTS for any health or medical problems that may arise as a result of the course. The guest is therefore responsible for having sufficient insurance cover. The AQUA-SPA-RESORTS reserves the right to refuse participants if the course management is of the opinion that the health or psychological requirements for participation in the course are not met. This refusal can also be made at short notice or even during ongoing courses.
Insofar as consequential damage occurs despite expert application, which is due to the fact that a client has concealed reasons for exclusion, the therapist is exempt from any liability. The same applies to damages that occur because a reason for exclusion was not known to the client himself and was not recognisable to the therapist.
AQUA-SPA-RESORTS does not guarantee the accuracy of the information available on the website, in particular the correctness, completeness and reliability of the relevant information. The AQUA-SPA-RESORTS is not liable for damages caused by transmission errors, technical defects, operational failures or illegal interventions in EDP systems, irrespective of the place and type of impairment. Furthermore, AQUA-SPA-RESORTS is not liable for damages caused by malfunctions, interruptions (including system-related maintenance work) or overloading of IT systems. The AQUA-SPA-RESORTS is not liable for direct damages or indirect damages (consequential damages) that arise in connection with the retrieval of services or queries on the website of the AQUA-SPA-RESORTS. The information disseminated on the AQUA-SPA-RESORTS website is intended solely for the private use and information purposes of potential guests of the facility. Guests are aware that the information may be changed at any time and without prior notice.
11. Copyright protection
The entire content of the AQUA-SPA-RESORTS website is protected by copyright; accordingly, downloading or printing out individual pages and/or sections of the website is only permitted if the copyright notices and other protected designations are not removed. In the event of a download or reproduction in any other way, all rights to the information remain with AQUA-SPA-RESORTS. Commercial use of the website as well as images of the AQUA-SPA-RESORTS or parts thereof is strictly prohibited.
12. Data protection
AQUA-SPA-RESORTS processes its guests’ personal data in compliance with applicable data protection legislation and in accordance with the privacy notices published on the Websites.
Guest management at AQUA-SPA-RESORTS may be performed by an external service provider. In this case, personal data is transferred exclusively to this service provider for processing.
13. Registered office
AQUA-SPA-RESORTS AG, Allee 1B, 6210 Sursee.
AQUA-SPA-RESORTS AG Thermalbad & Spa, Brandschenkestrasse 150, 8002 Zurich.
14. Changes to the GTC, house and bathing rules
The versions of these GTC and house rules valid at the time of booking or purchase shall apply. AQUA-SPA-RESORTS reserves the right to change the GTC and house rules at any time at its sole discretion.
Should any provision of these GTC be or become void or invalid, this shall not affect the validity of the remaining provisions of these GTC. The void or invalid provisions shall be replaced with effective provisions that come as close as possible to the economic purpose of the invalid provisions. The same applies if a gap is found in the contract or a provision is found to be unenforceable.
16. Jurisdiction, applicable law and assignment
Any disputes and therefore all current and future claims arising from or in connection with the contract between AQUA-SPA-RESORTS and the Guest concerning legal relationships with AQUA-SPA-RESORTS AG Thermalbad & Spa are to be submitted exclusively to the ordinary courts in Zurich, and exclusively to the ordinary courts in Sursee for disputes concerning legal relationships with AQUA-SPA-RESORTS AG.
All legal relationships with AQUA-SPA-RESORTS and its services are subject to Swiss substantive law.
AQUA-SPA-RESORTS may assign rights and obligations arising from this contract to a legal successor. By accepting the General Terms and Conditions, the Guest gives his or her consent.