House- and User Regulations
§ 1 Area of application, contract parties
(1) The following regulations apply to contracts on using the offers of the Badeparadies Schwarzwald TN GmbH and Badeparadies Schwarzwald TN Familienbad GmbH by their guests in the BADEPARADIES SCHWARZWALD. The Badeparadies Schwarzwald TN GmbH and the Badeparadies Schwarzwald TN Familienbad GmbH will together be referred to as "the BPS". The "Foyer" is operated by the Badeparadies Schwarzwald TN GmbH together with the Badeparadies Schwarzwald TN Familienbad GmbH. The Badeparadies Schwarzwald TN Familienbad GmbH is the sole operator of "Galaxy". Sole operator of the "Palmenoase" and "Palais Vital" is the Badeparadies Schwarzwald TN GmbH. Reference is made to Paragraph (4) further down.
(2) The following regulations are not affected by special agreements made between the BPS and the town of Titisee-Neustadt or third parties. Unless special agreements are made between the BPS and the town of Titisee-Neustadt or third parties saying something explicitly different, these House- and User Regulations remain unaffected.
(3) The BADEPARADIES SCHWARZWALD consists of the publicly accessible reception areas (hereafter referred to as "Foyer") as well as the buildings "Galaxy", "Palmenoase" and "Palais Vital" separated from each other (hereafter referred to as building complexes").
(4) Pre-contractual and contractual legal relationships between the guest and the Badeparadies Schwarzwald TN GmbH resp. the Badeparadies Schwarzwald TN Familienbad GmbH are reasoned pursuant to the following requirements:
a) Any rights and claims made by guests from and in connection with using the "Foyer" and their stay there are directed towards both operating companies who are liable as joint and several debtors (§ 421 BGB [German Civil Code]). Any rights and claims directed towards guests from and in connection with using the "Foyer" and their stay there are due to the Badeparadies Schwarzwald TN GmbH and the Badeparadies Schwarzwald TN Familienbad GmbH as joint creditors (§ 428 BGB).
b) According to these House- and User Regulations, mutual claims and rights from and in connection with using the "Galaxy" exist exclusively between the Badeparadies Schwarzwald TN Familienbad GmbH and the guest. Therefore, a joint and several liability of the Badeparadies Schwarzwald TN GmbH with the Badeparadies Schwarzwald TN Familienbad GmbH is excluded; conversely the Badeparadies Schwarzwald TN GmbH is not entitled to any claims or rights towards the guest from and in connection with using the "Galaxy".
c) According to these House- and User Regulations, mutual claims and rights from and in connection with using the "Palmenoase" and the „Palais Vital" exist exclusively between the Badeparadies Schwarzwald TN GmbH and the guest. Therefore, a joint and several liability of the Badeparadies Schwarzwald TN GmbH with the Badeparadies Schwarzwald TN Familienbad GmbH is excluded; conversely the Badeparadies Schwarzwald TN GmbH is not entitled to any claims or rights towards the guest from and in connection with using the "Palmenoase" and the "Palais Vital".
§ 2 Visiting the BADEPARADIES SCHWARZWALD
(1) Irrespective of the following paragraphs (2) and (3), the following persons are not allowed to enter the BADEPARADIES SCHWARZWALD in order to protect the general public, guests as well as employees of the BPS:
a) Persons that have been tested positive to the SARS-CoV2 Corona Virus, as long as they have to stay at home upon official order;
b) Contact persons of those persons that have been tested positive to the Corona virus, insofar as the relevant contact person has not been free of flu symptoms over a period of 14 days following the last contact to an infected person;
c) Persons with flu symptoms;
d) Persons coming from a zone with increased risk of infection according to the Robert Koch Institute's classification.
(2) Staying in the "Foyer" is only permitted to those persons who intend to sign a contract with the BPS. The same applies to persons who take other persons (e.g. children) to the BADEPARADIES SCHWARZWALD or collect them from there for the same reason, as well as to persons who visit the BADEPARADIES SCHWARZWALD by invitation or with a special permit issued by the BPS. Staying for any other purposes is not permitted.
(3) Staying in the building complexes is only permitted during opening hours (§ 5) and only for guests who have a relevant access authorisation (§ 3).
§ 3 Signing a contract, access authorisation, age restrictions
(1) A contract between the BPS and a guest becomes effective only once the BPS accepts the guest's offer. Accepting the offer is done by the cashiers handing out an access authorisation to the guest in shape of a transponder upon presenting a valid online ticket. The guest is obliged to return the transponder before leaving the BADEPARADIES SCHWARZWALD.
(2) The BPS only accepts guests' offers provided the following age restrictions are observed:
Access to the "Galaxy'" is only permitted to persons under the age of 10, provided they are accompanied by a parent or another adult.
Access to the "Palmenoase" is only permitted to persons aged 16 and above. Children up to the age of 3 will only be allowed to enter the "Palmenoase", if they are accompanied by a parent or another adult.
c) „Palais Vital"
Access to the nude "Palais Vital" is exclusively permitted to persons aged 16 and above. Paragraph (4) remains unaffected.
(3) The guest cannot rightly aspire for the BPS to accept his offer on signing a contract. The BPS reserves the right to reject the offer due to business reasons (e.g. because of an excessive number of visitors) or on any other reasonable grounds. Another reasonable ground is given particularly, if due to specific circumstances in an individual case, it is feared that the guest
a) will violate the regulations mentioned below;
b) would endanger himself or others while staying at the BADEPARADIES SCHWARZWALD due to his physical, mental or any other condition. In case the BPS does not accept the guest's offer, they will reimburse the amount paid for the online ticket.
§ 4 Prices, non-assignability of the access authorisation
(1) The BPS raises different entrance fees for the possibility to use the building complexes due to the different types of services offered in the relevant areas. Entrance fees to be paid also depends on the tariff that is selected by the guest resp. which tariff applies, depending on the time of day, the day of the week or other circumstances at the time of signing a contract. Insofar as the relevant tariff dictates a restricted time of staying at the premises, subsequently exceeding this time will increase the fee; exceeding the time of staying at the premises according to the selected tariff is only taken into consideration provided the relevant tariff does not exclude this. The current tariffs and the thus resulting entrance to the premises are displayed above the cashier desks as well as on notice boards in the "Foyer".
(2) The access permit is not transferrable. It is not permitted to pass the entrance authorisation for use on to another guest against payment or for free or to obtain the access authorisation for use from another guest against payment or for free. Providing access for use is given, when the access authorisation belonging to one person is transferred in order to gain access for himself or another guest illegally to use one of the building complexes without having paid the entrance fee requested by the BPS. Violations will be prosecuted under criminal and civil law.
§ 5 Opening hours
The BPS displays the opening hours on notice boards.
§ 6 BPS contractual obligations
With the contract the BPS is obliged to grant the guest access to use the services offered within the relevant building complexes within the scope of his access authorisation. Using the offers extends to those areas, equipment, and installations dedicated to the guests unless these are closed off temporarily by the BPS for operational or other reasons or are not available to the guests in a specific case due to the spatial capacities being exhausted or due to a restriction on numbers; the guest's rights and claims in compliance with legal regulations remain unaffected.
§ 7 General contractual obligations of guests
(1) The guest is bound by the contract to pay the agreed entrance fee to BPS for the selected building complex. Furthermore, he is obliged to pay BPS extra for
a) changing to another building complex;
b) exceeding the time of stay allowed for by the tariff paid, within the scope of the relevant tariff or
c) other additional services (such as food or beverages).
(2) By the contract the guest is obliged
a) in respect of his entrance authorisation
aa) to keep this on him all the time;
bb) to show it or hand it out to BPS employees and their vicarious agents upon entering a building complex as well as upon request and, if necessary, for control purposes at any time;
b) to treat areas, plants and installations of the BADEPARADIES SCHWARZWALD with care and not to contaminate these;
c) to behave in a way that he in general - also with view of possible alcohol consumption -
aa) does not endanger others;
bb) does not harass other guests, disturb them or infringe their sense of decency. He has to refrain from anything that is considered to be improper from point of view of social rules and customs;
d) to observe BPS's displayed signs of warning and other advice on behaviour;
e) to follow requests made by BPS employees and their vicarious agents in connection with his stay at the BADEPARADIES SCHWARZWALD;
f) to take a shower in the provided for shower rooms after having disposed of his street clothes for hygiene reasons; also, the guest is obliged to enter the "Galaxy" as well as the "Palmenoase" only in swimwear;
g) not to commit a crime or offence towards other guests or the BPS. Should the BPS become aware of a situation that suspects that a guest of the BADEPARADIES SCHWARZWALD has committed a crime or offence, then BPS will subsequently file a complaint with the relevant authority. Further steps that BPS may pursue against the person that is suspected of having committed a crime or offence at the BADEPARADIES SCHWARZWALD remain unaffected by this.
§ 8 Prohibition
(1) It is prohibited that a guest at the BADEPARADIES SCHWARZWALD carries out sexual acts on himself or other guests or to encourage other guests to carry out sexual acts on him.
(2) The guest is not allowed to bring with him, eat or offer beverages and food of any kind (including sweets) to the BADEPARADIES SCHWARZWALD or eat food or drink beverages brought in by other guests. This does not apply to those beverages and food
a) which a guest has to rely on or is restricted to for medical or other reasons (e.g. allergies or food incompatibility);
b) that is obviously used for newly-born babies, babies or toddlers (such as e.g. bottled milk, baby food in glasses, pap).
The BPS is obliged to offer guests beverages, food and luxury food at reasonable prices. The prices are judged according to those prices considered to be standard in the general gastronomy.
(3) The guest is not allowed to bring with him to the BADEPARADIES SCHWARZWALD or have on him:
a) drugs of any kind with the exception of medicines that have been prescribed by a physician;
b) containers made of glass, porcelain, ceramics or other breakable materials; should the guest be offered food or beverages in such containers within the gastronomic areas of the BADEPARADIES SCHWARZWALD, they may only be used for this purpose and only within the area of the relevant gastronomy;
c) animals; for hygienic reasons this ban also includes animals whose purpose is to support disadvantages of people with physical or mental conditions (e.g. guide dogs);
d) knives or other dangerous objects; dangerous objects are all those tools and materials that due to their material, composition and/or their condition are suitable
aa) to be used towards people, result in considerable injuries (e.g. screwdrivers, hammer, baton, baseball bat); if a guest receives a knife at one of the gastronomic places at the BADEPARADIES SCHWARZWALD, this may only be used for the relevant purpose and only within this gastronomic area;
bb) to impair the physical integrity of a person (e.g. corrosive liquids).
(4) It is not allowed to smoke outside of allocated zones. The non-smoking ban also expands to the use of all kinds of so-called electronic cigarettes.
(5) It is not allowed to bring along own infusion to the BADEPARADIES SCHWARZWALD or to have in possession own infusions or those brought to the BADEPARADIES SCHWARZWALD by third parties for the purpose of preparing infusions.
(6) Subject to a written approval by the BPS beforehand it is not allowed to
a) display, hang or distribute advertising brochures, flyers, printed materials or similar;
b) carry out actions that serve the commercial interest of the guest or a third party;
c) hold meetings or call for one;
d) carry out actions that are aimed to spread political, religious views or to convince ideologically or serve to form a political opinion;
e) carry out fundraising or petitions at the BADEPARADIES SCHWARZWALD.
§ 9 Supervisory duties
(1) Parents are responsible for their child. This obligation does not become void due to the fact that the BPS engages personnel within the scope of their duty to ensure public safety that recognises and wards off hazards. During the overall stay at the BADEPARADIES SCHWARZWALD, parents are responsible that their children do not come to any harm. Beyond that parents are also responsible to make sure that their children do not violate the rules of these House and User Regulations.
(2) The aforementioned obligations [Paragraph (1)] also apply to those persons who have a child entrusted to them during their visit to the BADEPARADIES SCHWARZWALD.
(3) BPS' liability according to § 14 is not affected by the aforementioned paragraphs (1) and (2).
§ 10 Using wardrobes, lockers, bringing along valuables
(1) The BPS makes wardrobes available free of charge for their guests to store clothes as well as lockers to keep possible valuables. The locking mechanism of the wardrobes is activated and deactivated by holding the transponder against the locking cylinder. The lockers are made such that they can be opened and locked with a key.
(2) Within the scope of reasonable efforts, the BPS undertakes to prevent that wardrobes and lockers are opened forcefully by unauthorised persons. Wardrobes and lockers are not constructed in a way that they withstand being eventually opened by force. In his own interest the guest should therefore not leave valuables in wardrobes or lockers.
(3) It is the guest's responsibility by applying due diligence to care that non-authorised persons cannot obtain the transponder handed out to the guest resp. the key to the locker resp. wardrobe, thus being able to get to the contents of the locker or the wardrobe.
(4) In case the guest suffers damage in connection with the wardrobe or locker being opened by a non-authorised person, BPS' liability follows § 14.
§ 11 Video monitoring
The area of lockers as well as further areas of the BADEPARADIES SCHWARZWALD is monitored by video. Signs will point this out at the relevant places, where also the necessary information regarding data protection is available.
§ 12 Violating the House and User Regulation, disclosing personal data
(1) If a guest violates the rules of the House and User Regulations, the BPS is entitled, by considering all circumstances of this individual case, especially the seriousness and the period of the violation and its consequences, to exclude the guest for the relevant day from further using the facilities and to expel the guest from the BADEPARADIES SCHWARZWALD. The guest's rights and claims regarding legal regulations remain unaffected.
(2) Should there be a danger that a guest will infringe the rules of the House and User Regulations in future based on absolute facts, the BPS is entitled, after having considered all circumstances of this individual case, to ban the guest from using the facilities for a longer period of time (hereafter referred to as „ban"). BPS will determine the period of a ban with reasonable discretion. The BPS will interview the guest before a ban is pronounced. The guest's rights and claims regarding legal regulations remain unaffected.
(3) In case of a violation against the house rules or a suspicion of such a violation based on actual facts, the guest will let the BPS have his personal data (name, first name, the complete address as required for a summons) and produce suitable documents of identification (e.g. ID-card, driving licence). The documents will not be copied.
(4) The guest has to identify himself according to the previous paragraph (3) and give the BPS the requested data, if the BPS has a legal interest in the disclosure of such data. A relevant legal interest is given in particular, if such data is required to assert, exercise or defend BPS's rights or claims.
§ 13 Liability of guest
Should the guest culpably violate an obligation from the contract agreed between him and the BPS, he is liable to compensate the BPS in compliance with legal regulations. The same applies to culpably violating obligations by persons who the guest vouches for legally. Reference is made to the regulations of operating the building complexes by the various operators and the thus resulting legal relationships (§ 1 para. (4)).
§ 14 Liability of the BPS
(1) The BPS is liable to the guest in compliance with legal regulations regarding injuries to life, body and health that are down to the BPS, their legal representatives or their vicarious agents culpably violating their obligations. Furthermore, the BPS is liable to the guest in compliance with legal regulations for other damage that is caused by violating obligations intentionally or grossly negligent by the BPS, their legal representatives or their vicarious agents.
(2) If the damage is based on a simple negligent violation of an essential contractual obligation, that is an obligation whose fulfilment enables the contract to be carried out appropriately and on the execution of which the guest can regularly rely as contract partner of the BPS, BPS's liability is subsequently restricted to foreseeable and contract-typical damage upon concluding the contract. The same applies if the guest is entitled to compensation instead of a service.
(3) Additionally, the BPS is not liable for damage suffered by the guest.
(4) Reference is made to the regulations of operating the building complexes by the various operators and the thus resulting legal relationships (§ 1 para. (4)).
§ 15 Severability clause
Should individual regulations of these House and User Regulations be or become ineffective or impracticable, the validity of the remaining regulations will not be affected hereby.
Titisee, October 2020
Badeparadies Schwarzwald TN GmbH
Badeparadies Schwarzwald TN Familienbad GmbH
Edelfried Balle ppa. Jochen Brugger
Managing Director | Member of the Executive Board