Terms and Conditions of AQUA-SPA-RESORTS

These General Terms and Conditions (‘GTC’) govern the contractual relationship between you and Aqua-Spa-Resorts AG¹ or Aqua-Spa-Resorts AG Thermal bath & Spa² (‘AQUA-SPA-RESORTS’). They apply to all legal relationships that you enter into or establish via the online shop at aquaspa.ch or via the websites of the individual Spa Worlds³ (hereinafter ‘websites’), as well as directly on site in connection with the use of the facilities and amenities (‘spa worlds’) of AQUA-SPA-RESORTS.

¹ Applies to the branches in Bern, Rigi Kaltbad, Samedan, Schönbühl and Locarno.
² Applies to the Zurich branch.
³ Including Hammam Bern, solbad-schoenbuehl.ch, Mineralbad Samedan, Huerlimannbad.ch, Mineralbad Rigikaltbad.ch and termali-salini.ch.

You can find the latest version of the Terms and Conditions on the AQUA-SPA-RESORTS website. They are also available in printed form at the entrance to each Spa-Welt for you to read and take away. These Terms and Conditions form an integral part of every contractual relationship between you and AQUA-SPA-RESORTS.

By signing a written subscription contract, ticking the relevant box on the website, booking your chosen service or using the on-site spa facilities, you confirm that you have read, acknowledged and understood the terms and conditions.

You must comply with the house and bathing rules of the Spa Worlds and follow the instructions of AQUA-SPA-RESORTS staff. A copy of the house rules and bathing regulations is available in every Spa-Welt. In the event of serious breaches of the General Terms and Conditions, the house rules and bathing regulations and/or the instructions of staff, you may be immediately banned from the premises. In such cases, claims for a refund of payments already made may be excluded. In the event of misuse of the chip wristband or annual pass, AQUA-SPA-RESORTS expressly reserves the right to report the matter to the police.

You also acknowledge that, due to the limited capacity of the spa areas, there may be waiting times.

You have the following options for admission to the spa facilities:

• Admission
• Multiple entry
• Annual subscription

The admission price does not include any other services offered by AQUA-SPA-RESORTS, such as massages, beauty and skincare treatments, special events, etc. These additional services are recorded either on site or electronically. Your bookings are binding and will be charged upon admission or must be paid for on site no later than when you leave the spa. Any service that has been booked or charged for but not used does not entitle you to a refund, payment or rebooking. Late arrivals or last-minute cancellations (less than 24 hours before the appointment) will not be refunded, credited or compensated with alternative services.

When you purchase an admission, you are entitled to use the spa facilities on one day during the time period specified on the admission.

Tickets purchased online are valid only on the day booked and only for the services specified on them. Under no circumstances can bookings be changed or refunded.

Both online tickets and tickets purchased at the box office are transferable — with the exception of personal season tickets (such as the annual season ticket).

A multi-entry ticket entitles you to visit the spa area on as many days as stated on the ticket. Multi-entry tickets are valid for two years from the date of issue. Any unused admissions will lapse without replacement once this period has expired.

An annual membership entitles you to use the Spa World for one year from the date of issue. The annual membership is personal and non-transferable. You must be at least 18 years old (have reached the age of 18). A photograph of you will be taken for identification purposes. This photograph will be used exclusively for verification upon admission and will be deleted upon expiry or termination of the contract. Failure to use the Spa Worlds during the term of the annual membership does not entitle you to a price reduction or a refund. Exceptions apply only in cases of hardship, e.g. in the event of a prolonged illness, an accident requiring a lengthy period of convalescence, or a change of residence to a location more than 30 km away from the relevant Spa-Welt within the first six months following the issue of the annual membership. If the hardship occurs at a later date, no refund will be given. You will only receive a refund if you give written notice of cancellation by registered post within this six-month period and submit the necessary supporting documents (e.g. a medical certificate, confirmation from your employer, proof of residence, etc.). The refund will be paid in instalments:

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 from the refund to cover administrative costs.

You are entitled to use the facilities and services during the published opening hours. AQUA-SPA-RESORTS may amend its offering and opening hours at any time. Should the offering or opening hours be temporarily restricted, you are not entitled to a refund or an extension of your multi-visit pass or annual membership. Nor is there any entitlement to a refund or extension in the event of closures necessary for operational reasons (e.g. for cleaning, refurbishment, alterations, maintenance, etc.).

You are also not entitled to a refund, compensation or alternative services if AQUA-SPA-RESORTS is unable to provide its services for reasons beyond its control (e.g. force majeure).

The contract is concluded as soon as you receive confirmation from AQUA-SPA-RESORTS (by email or telephone) of your online order, including the order details and these Terms and Conditions. On site, the contract is concluded upon purchase of the relevant services or subscriptions. (Prices are subject to change.)

All prices are quoted in CHF and are gross prices inclusive of all taxes (including VAT). Any delivery and postage costs, as well as any time-limited surcharges, are to be paid separately. For payments in euros, the exchange rate on the day of payment applies. Prices are subject to change.

When you enter the spa, you will be given a chip wristband. Your arrival and departure times, as well as any services you use that are not included in your day pass, multi-visit pass or annual membership, will be recorded electronically on the chip.

You must wear the chip wristband in a clearly visible position whilst in the Spa World. You are personally liable for any damage to or loss of the chip wristband. You must report any loss to AQUA-SPA-RESORTS immediately. If a new chip wristband needs to be issued, a fee will be charged. Any remaining credit at the time the loss is reported will be transferred to the new chip.

You can redeem AQUA-SPA-RESORTS vouchers in any of our spa centres or online. Service and gift vouchers expire 10 years after the date of issue (Art. 127 of the Swiss Code of Obligations).
Service vouchers relate to a specific, clearly defined offer. You can use value vouchers for any of the services on offer up to the equivalent value. If the service specified in the service voucher is no longer available at the time of redemption, or is no longer available at the same price, the equivalent value will be credited towards an equivalent or alternative service. Exchanges or refunds (including partial refunds) of the voucher amount are not permitted. Any remaining balance resulting from partial redemption is also subject to the original 10-year limitation period from the date of issue.

Discounts, special offers and complimentary Admission do not count as Vouchers. They may be redeemed in accordance with the applicable terms and conditions and expire at the latest upon expiry of the period stated on the voucher. Discounts and special offers cannot be combined.

You can obtain vouchers either at the ticket office or via the online shop. When placing an order via the online shop, you can download the voucher directly as a PDF and print it yourself (Print@Home), or have it sent to you in printed form. Orders are normally processed within 48 hours and sent by A-Post to the address provided. For printed Vouchers, postage charges apply per order as stated at the time of completing the order.

Vouchers will not be replaced if lost or stolen.

Vouchers or tickets whose barcode or QR code has become illegible are no longer valid. However, you can print them out again from your personal guest account.

Should any duplicates or fraudulent activity occur (which may result in a report being made to the authorities), AQUA-SPA-RESORTS reserves the right to reject all affected Vouchers or tickets and to refund the purchase price only to the rightful holder.

You can set up your own guest account on the website. There, you can top up your account with funds and use them to pay for services at AQUA-SPA-RESORTS. Your credit will expire if your guest account has not been used for 10 years.

You can pay for online orders by credit card, Twint, PayPal or Postcard.

On site, you can pay in all spa areas by credit card, Twint, Postcard, cash (CHF/EUR) or by prepayment. Please note that only cashless payments are accepted at the Hürlimannbad Zürich.

Credit card payments are processed by Worldline Schweiz AG (Saferpay). All items and Vouchers remain the property of AQUA-SPA-RESORTS until full payment has been made. AQUA-SPA-RESORTS’ offers and services will only be provided once payment has been received.

The fee for annual subscriptions is payable immediately upon signing the contract or upon renewal.

AQUA-SPA-RESORTS reserves the right to refuse you access to the spa facilities in the event of outstanding payments, to charge late payment fees and to take legal action. You are not entitled to a refund or credit note for any time you were unable to use the facilities due to your late payment.

You pay for any additional services and refreshments at the Spa-Welt ticket office when you leave.

Use of the spa facilities at AQUA-SPA-RESORTS is at your own risk. Neither AQUA-SPA-RESORTS nor its staff or agents accept any liability for damage resulting from accidents, injuries or illness.

AQUA-SPA-RESORTS accepts no liability for the loss of valuables, money, clothing, chip wristbands, etc. No liability is accepted for items left at reception either. It is your responsibility to take out appropriate insurance.

If you take part in courses, AQUA-SPA-RESORTS accepts no liability should you conceal any physical or mental health conditions that would make participation in the course inadvisable. Similarly, no liability claims may be made against AQUA-SPA-RESORTS should health problems arise as a result of your participation in the course. You are personally responsible for ensuring that you have adequate insurance cover. AQUA-SPA-RESORTS reserves the right to refuse participants if, in the opinion of the course leaders, the necessary physical or mental requirements for participation are not met. Such a refusal may be made at short notice or during an ongoing course.

Should any consequential damage occur despite the treatment being carried out in a professional manner, because you have concealed any grounds for exclusion, the therapist shall be exempt from any liability. The same applies if you yourself were unaware of any grounds for exclusion and these were not apparent to the therapist.

AQUA-SPA-RESORTS accepts no liability for the accuracy, completeness or reliability of the information provided on the website. AQUA-SPA-RESORTS accepts no liability for damage resulting from transmission errors, technical faults, operational failures or unlawful interference with IT systems, regardless of the location or nature of the disruption. Liability is also excluded in the event of malfunctions, interruptions (including system-related maintenance work) or overloading of IT systems. AQUA-SPA-RESORTS accepts no liability for either direct or indirect damage (consequential damage) arising in connection with the retrieval of services or information from the website.

The information published on the website is intended solely for your personal use and to provide information to potential guests. You acknowledge that this information may be amended at any time without prior notice.

The entire content of the AQUA-SPA-RESORTS website is protected by copyright. You may only download or print individual pages or sections of the website provided that all copyright notices and other protected designations are retained.

Even if you download or otherwise reproduce content, all rights to the information remain with AQUA-SPA-RESORTS. Commercial use of the website, the images or any part thereof is strictly prohibited.

AQUA-SPA-RESORTS processes your personal data in accordance with the applicable data protection laws and in line with the privacy policies published on its websites.

Guest data may be managed by an external service provider. In this case, your personal data will be passed on exclusively to this service provider for processing.

AQUA-SPA-RESORTS AG
Allee 1B
CH-6210 Sursee

AQUA-SPA-RESORTS AG Thermal Baths & Spa
Brandschenkestrasse 150
CH-8002 Zurich

The General Terms and Conditions and the House and Pool Rules in the version valid at the time of your booking or purchase shall apply. AQUA-SPA-RESORTS reserves the right to amend the General Terms and Conditions and the House Rules at any time and at its sole discretion.

Should any provision of these General Terms and Conditions be or become void or invalid, the remainder of the General Terms and Conditions shall remain unaffected. Void or invalid provisions shall be replaced by provisions which most closely reflect the economic purpose. The same shall apply should a gap arise in the contract or should a provision prove to be unenforceable.

The following places of jurisdiction shall apply to all disputes and all present and future claims arising out of or in connection with the contract between you and AQUA-SPA-RESORTS:

• The ordinary courts in Zurich have exclusive jurisdiction over legal matters relating toAQUA-SPA-RESORTS AG Thermal bath & Spa.
• The ordinary courts in Sursee shall have exclusive jurisdiction over legal matters relating toAQUA-SPA-RESORTS AG.

All legal relationships with AQUA-SPA-RESORTS and its services are governed exclusively by Swiss substantive law.

AQUA-SPA-RESORTS may transfer its rights and obligations under this contract to a legal successor. By accepting these general terms and conditions, you give your consent to this.