General Terms and Conditions

1. Introduction and scope

Welcome to clickSPA GmbH, our internet platform for day tickets. These General Terms and Conditions (hereinafter referred to as "Terms and Conditions" or Agreement) regulates the terms and conditions of your use of the clickspa.app website ("Website" or "Service") by guests and hosts and all associated products and services (collectively referred to as "Services").

The platform enables hosts to showcase their services, while guests have the opportunity to book tickets for these services. The Terms and Conditions described herein apply to all users of the platform.

clickSPA GmbH acts solely and exclusively as an intermediary between the provider and the guest and is neither liable, sueable, or contestable for any other matters that occur outside the mediation of services.

Please read these Terms and Conditions carefully as they contain important information about your rights and obligations. By using the platform, you confirm that you have read and understood these Terms and Conditions.

This Agreement is legally binding between you and clickSPA GmbH. If you accept this Agreement on behalf of a company or other legal entity, you confirm that you have the authority to bind such legal entity to this Agreement. If you do not have such authority or do not agree to the terms of this Agreement, you may not accept this Agreement and may not access and use the Website and Services. By accessing and using the Website and Services, you confirm that you have read and understood the terms of this Agreement and are bound by them. You acknowledge that this Agreement is a contract between you and the operator, even if it is electronically signed by you and not physically.

If you do not agree with the provisions of these Terms and Conditions, we kindly ask you to refrain from further use of the platform.

2. Registration and Account

By creating an account on the website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions associated with it. We may monitor and review new accounts before you can sign in and use the services. Providing false contact information of any kind may result in the termination of your account. You must promptly notify us of any unauthorized use of your account or any other security breaches.

We are not liable for any actions or omissions by you, including any damages of any kind arising out of such actions or omissions. We may suspend, close, disable or delete your account (or any part thereof) if we determine that you have violated any provision of this agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the above reasons, you may not re-register for our services. We may block your email address and internet protocol address to prevent further registration.

2.1. Registration of Hosts and Guests

In order to fully use our platform, hosts must and guests can register online and create an account. Registration necessitates the provision of specific information necessary for identification and communication. All information provided must be truthful and accurate.

It is also possible to make a booking in a so-called "guest mode," where no personal data is stored. However, with this option, numerous features are forfeited, including the ability to redeem vouchers, the refund option for late cancellations, or the full extent of technical support.

2.2. No Creation of Fictitious Persons or Hosts

It is strictly prohibited to create profiles for fictitious persons or hosts. All accounts must be created by a real, competent individual or a legally authorized representative of a host. A clear obligation of identification applies, as contracts are completed on the platform, and for their enforcement, the identity of the parties involved must naturally be known.

2.3. Account Security

Both hosts and guests are responsible for ensuring the security of their accounts. This includes securely storing login credentials and avoiding unauthorized access to the account.

2.4. Notification of Account Authorization

If a host or a guest has reason to believe that their account access data have been compromised, they are obligated to promptly notify clickSPA GmbH so that appropriate actions can be taken.

3. Links to other Resources

While the website and services may link to other resources (such as websites, mobile applications, etc.), we do not directly or indirectly imply approval, affiliation, sponsorship, agreement, or association with any linked resource unless expressly stated herein. We are not responsible for reviewing or evaluating, and we do not guarantee for the service range of companies or individuals or the content of their resources.

We do not take any responsibility or liability for the actions, products, services, and content of any third parties. You should carefully review the legal notices and other terms of use of any resource accessed through a link on the website. Your linking to other external resources is at your own risk.

4. Prohibited Uses

In addition to any other terms set forth in the agreement, you are prohibited from using the website and services or content:

• (a) for unlawful purposes;
• (b) to solicit others to perform or participate in unlawful acts;
• (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
• (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
• (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
• (f) to submit false or misleading information;
• (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the website and services, third-party products and services, or the Internet;
• (h) to spam, phish, pharm, pretext, spider, crawl, or scrape;
• (i) for obscene or immoral purposes; or
• or (j) to interfere with or circumvent the security features of the website and services, third-party products and services, or the Internet.

We reserve the right to terminate your use of the website and services for violating any of the prohibited uses.

5. Applicable Law and Jurisdiction

These General Terms and Conditions and all resulting legal relationships are subject to Austrian law, excluding the rules of referral of private international law as well as the UN Convention on Contracts for the International Sale of Goods (CISG).

6. Company Information

clickSPA GmbH, registered under the commercial register number 612135z, represented by the managing directors Katrin Weyland and Veronika Chabin, is located at 5071 Wals, Zaunweg 1.

7. Intellectual property

"Intellectual Property Rights" refer to all present and future rights arising under law, common law, or equity in or in relation to copyrights and related rights, trademarks, designs, patents, inventions, goodwill, and the right to sue for passing off, rights in inventions, rights to use, and all other intellectual property rights, whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of such rights, and all similar or equivalent rights or forms of protection and any other results of intellectual activity which now or in the future subsist in any part of the world. This agreement does not transfer to you any intellectual property of the operator or third parties, and all rights, title, and interest in such property shall remain (as between the parties) solely with the operator. All trademarks, service marks, graphics, and logos used in connection with the website and services are trademarks or registered trademarks of the operator or its licensors. Other trademarks, service marks, graphics, and logos used in connection with the website and services may be the trademarks of other third parties. Your use of the website and services does not grant you any right or license to reproduce or otherwise use the operator's or third parties' trademarks.

All trademarks, service marks, graphics, and logos used in connection with the website and services are trademarks or registered trademarks of the operator or its licensors. Other trademarks, service marks, graphics, and logos used in connection with the website and services may be the trademarks of other third parties. Your use of the website and services does not grant you any right or license to reproduce or otherwise use the operator's or third parties' trademarks.

All images uploaded to our platform, including photos in host profiles, remain the intellectual property of the provider. clickSPA GmbH is granted a non-exclusive, worldwide license to use these images solely for promotional and commercial advertising purposes. The permission to use the images is unlimited unless revoked by the user. This permission and license have been granted by the user free of charge. By uploading the images, the user confirms that they are authorized to grant this permission and license. If this is not the case, the user is liable for any damages and indemnifies and hold clickSPA GmbH harmless against any claims.

8. Changes and Amendments

We reserve the right to modify this Agreement or its terms relating to the Website and Services at any time, at our discretion. If we do so, we will revise the updated date at the bottom of this page. We may also notify you in other ways at our discretion, such as through the contact information you have provided.

An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement on the Website, unless otherwise stated. Your continued use of the Website and Services after the effective date of the revised Agreement (or such other action specified at that time) constitutes your acceptance of the changes.

9. Acceptance of these Terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services, you agree to be bound by this Agreement. If you do not agree to the terms of this Agreement, you are not authorized to access or use the Website and Services.

10. Limitation of Liability

clickSPA GmbH shall only be liable for grossly negligent behavior, except in cases of personal injury.

11. Indemnification

You agree to indemnify and hold harmless the operator and its affiliates, directors, officers, employees, agents, suppliers, and licensors from any liabilities, losses, damages, or costs, including reasonable attorney's fees, arising out of or in connection with any claims, demands, suits, disputes, or requests of third parties arising from or related to your content, your use of the website and services, or any intentional misconduct on your part.

12. Rights and Obligations of Use

The guest may only use the platform in accordance with applicable laws and these Terms and Conditions.

The guest agrees not to publish content that violates applicable law, in particular, no unlawful, offensive, or discriminatory content.

13. Closing Accounts

The guest may terminate their account at any time.

clickSPA GmbH reserves the right to suspend or delete user accounts if guests do not behave properly, fail to follow instructions, or violate the values defined on our homepage.

14. Offers and Booking of Tickets

14.1. Searching for offers and Booking

Guests have the opportunity to find and book a suitable day spa offer using the search filters provided on the platform. The search allows for targeted selection based on individual preferences and availabilities.

14.2. Responsibility of Hosts and their Offers

It is important to emphasize that the day spa offers displayed are created and managed by the respective hosts. clickSPA GmbH does not assume any responsibility or liability for the content and conditions of these offers. Any booking is made directly between the guest and the respective host.

14.3. Booking Confirmation

After completing the booking, the guest receives a confirmation email with the details of their booking as well as the contact details of the host for further coordination. This confirmation also contains a QR code that must be scanned upon check-in at the hosts location. Additionally, important information about check-in procedures, arrival, and the host’s code of conduct, as well as other relevant instructions, are included.

15. Vouchers and Gift Cards

clickSPA GmbH offers vouchers and gift cards that can be redeemed on the platform via a clickSPA account when making bookings.

15.1. Validity of Vouchers

Vouchers lose their validity if the guest has already credited the amount to their clickSPA user account and the account is deleted by us or the customer without redeeming the amount through a booking. There is no entitlement to reimbursement, cash payment, transfer, or any other form of payment.

Furthermore, the voucher loses its validity if clickSPA GmbH declares bankruptcy.

15.2. Refund of Vouchers

clickSPA GmbH does not refund vouchers at any time. There is no cash payment, transfer, or any other form of payment.

15.3. Risk of Loss

The risk of loss for gift cards and vouchers passes to the purchaser or designated recipient upon transmission. We are not liable if a gift card or voucher is lost, stolen, destroyed, or used without your permission.

15.4. Fraud

clickSPA GmbH reserves the right to take any action in case of suspected fraud, including refusal to issue or redeem a gift card or voucher. We are entitled to block the end customer's clickSPA account and charge alternative payment methods if a fraudulently acquired gift card is redeemed and/or used for payments on the clickSPA platform.

15.5. Limitation of Liability

In the event a gift card or voucher is non-functional, your remedies and our liability are solely limited to the replacement of the respective gift card or voucher, unless otherwise provided by applicable law.

16. Prices and Payment Terms

16.1. Pricing by Hosts

The prices for the day spa offers are determined by the hosts themselves and are posted on the platform. clickSPA GmbH assumes no responsibility for the pricing of individual offers.

16.2. Payment Processing by clickSPA

Payment processing is handled by clickSPA GmbH. Guests make a prepayment for the booked day spa offer. We determine how the payments are processed.

17. Cancellation and Refund

17.1. Free Cancellation until the Day before

The possibility of cancellation is subject to legal requirements, especially the Distance and Off-Premises Contracts Act. Additionally, there is an additional voluntary cancellation option granted for reasons of goodwill:

Tickets can be canceled free of charge until the day before 23:59.

The amount will be refunded according to the following options:

• a. Refund with a Deduction of 10% Fee

  The amount will be refunded to the guest's account, with a 10% retention for payment and processing fees.

• b. Credit to clickSPA Account

  The guest can leave the total amount as a credit on their clickSPA account and use it for a future booking.

17.2. Cancellation after the Free Period expires

If the cancellation, made on a goodwill basis, is after the expiration of the free period, as specified in B 3.1., the full amount will be retained. There is no entitlement to payout, refund, or partial refund. The inability to refund the total costs is non-appealable, and clickSPA GmbH is excluded from any liability.

17.3. No-Show

If a no-show occurs, meaning the guest does not appear within the booked time frame of their valid ticket, the same provisions as previously outlined apply.

17.4. Handling of Cancellations

Cancellations can be made in the user profile on the clickSPA platform.

18. Disclaimer of Liability

clickSPA GmbH assumes no responsibility or liability for any damages of any kind at the hosts location caused by the guest. Guests are solely responsible and liable for their actions as individuals. They do not represent clickSPA GmbH at any time.

clickSPA GmbH is not liable for technical problems or failures.

19. Contacting us

If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us here.

This document was last updated on March 6, 2024.