GENERAL TERMS AND CONDITIONS OF BUSINESS
1. Area of applicability
The following conditions apply to all users of the Blue Spa. Guests of the Hotel Bayerischer
Hof, outside guests with day or monthly passes and members with six-month or yearly passes
are entitled to use the Blue Spa. The passes are not transferrable to another person.
a) Purchase of a six-month or yearly pass constitutes membership. A one-time membership
fee must be paid for first-time membership. The fee is due and payable when the pass is
b) The holder of a monthly pass can extend the term of the pass to six months or one year at
any time. Likewise, the holder of a six-month pass has the option of extending the pass to
one year at any time. When a pass is extended, the price already paid is deducted from the
price of a six-month or yearly pass. When a monthly pass is extended to a six-month or
yearly pass, the membership fee mentioned in 2. a) Above is due and payable.
c) If the membership is not extended, it lapses two years after the contract enters into effect.
a) A one-time organisational fee is due when a monthly, six-month or yearly pass is
b) If a pass is lost, an administrative fee is charged to replace it.
c) These fees are not reimbursed when the membership or pass expires.
When a membership is extended by purchasing a new monthly, six-month or yearly pass, the
price in effect on the extension date is applicable.
5. Health restrictions
a) Each member or guest is himself/herself responsible for ensuring that he/she only uses the
Blue Spa’s fitness and other facilities if and to the extent that he/she is in a position to do
so without restriction from a health and athletic standpoint. For treatments and the use of
the facilities in the Blue Spa, the Hotel Bayerischer Hof is liable solely for intent and
gross negligence. The Hotel Bayerischer Hof is likewise only liable for intent or gross
negligence on the part of its legal representatives and agents. Unless a milder liability
standard applies (e.g. for care in one’s own matters), in the event of slight negligence, the
Hotel is liable according to applicable law only
aa) for damage or injury to life, body or health,
bb) for damage arising from a significant breach of an essential contractual duty
(material contractual obligation, the fulfilment of which is a necessary condition
for proper performance of the contract and on the fulfilment of which the other
contracting party routinely relies and may rely); however, in such a case, the
liability of the Hotel Bayerischer Hof is limited to compensation for the foreseeable
and typically occurring damage.
This does not affect the liability of the Hotel Bayerischer Hof Gebrüder Volkhardt KG for
culpable breach of its safe passage duties.
b) Upon request, a guest can receive appropriate instructions or an exercise plan tailored to
his/her needs from a personal trainer. The trainer is to be informed of any health
conditions such as circulatory illnesses, injuries, operations or the like before the exercise
The Hotel Bayerischer Hof is not responsible for clothing, valuables or money brought in. This
does not apply in cases of intentional or grossly negligent conduct on the part of the Hotel
Bayerischer Hof or its legal representatives or agents. It likewise does not apply in the event of
breaches of essential contractual duties; in such a case the liability of the Hotel Bayerischer Hof
is limited to compensation for foreseeable and typically occurring damage. For hotel guests, the
Hotel Bayerischer Hof is otherwise liable pursuant to applicable law (sections 701 et seq.
German Civil Code). The lockers installed in the Blue Spa are to be used.
7. Use of the Blue Spa
a) Every member/guest is entitled to use the facilities according to his/her access pass as
often as he/she pleases during the opening hours displayed in posted notices at the time.
b) The use of the fitness room by people between the ages of 14 and 16 is only permitted
when accompanied by a parent or guardian (hotel guest or pass holder). People younger
than 14 years of age are not permitted to enter the fitness room.
8. Open hours
a) The times when the Blue Spa is open are displayed in a notice at the entrance. On legal
holidays, the Blue Spa can be closed or have shorter opening hours. Guests/Members do
not have the right to insist on set opening hours.
b) The management reserves the right to close the Blue Spa for a total of 14 days per year.
This can be the case due to renovation work or hotel events. In the event of closures
within this framework, guests have no right to claim reimbursement or price reduction.
The same applies if the Blue Spa is not open for reasons for which the Blue Spa/the Hotel
Bayerischer Hof is not responsible, especially in cases of force majeure. In such cases,
there is likewise no right to claim substitute time.
c) All further closings for entire days will be credited to each pass individually as an
extension corresponding to the actual time closed.
d) Partial (as to space or time) closings are not affected by this if and to the extent that they
do not substantially restrict the operations of the Blue Spa.
9. In-house rules / banning from the premises
While at the Blue Spa, each guest/member must behave in such a manner as neither to endanger
or injure another guest nor to disturb or interfere with another guest more than is unavoidable
due to the circumstances. Anyone who breaks the rules of decency will be banned from the
premises without lenience. The instructions of the trainers are to be followed. The right to assert
additional claims for compensation for damage is reserved.
10. Compensation for damage by customers
Damage to the Blue Spa’s facilities and exercise equipment will be remedied at the expense of
the guest that has caused such damage.
11. Incapability of a member
If a member is incapable of using the Blue Spa for more than four weeks for a reason which
he/she cannot influence such as illness or pregnancy, his/her membership will be extended by
the duration of such incapability.
Such extension is based on the prerequisite that, within two weeks of the beginning of the
incapability, the member provides documentation in the form of a doctor’s certificate of the fact
that it is not possible for him/her to use the facilities of the Blue Spa. In the event of a member’s
long-term incapability, the Hotel Bayerischer Hof Gebrüder Volkhardt KG will consider, taking
both sides’ interests into consideration, whether the membership can be prematurely terminated.
The member’s right to terminate for good cause is not affected.
12. Reservation cancellation
Customers’ cancellation of reservations for treatments, fitness/personal training and group
courses will be handled as follows:
a) Cancellations made by five hours or more before the reserved services will be accepted
b) The full price will be charged for reserved services that are cancelled with shorter notice
or not used without notice.
c) Reservations for day passes can be cancelled free of charge until 6:00 p.m. on the
previous day. For reservations that are not cancelled, 80% of the price will be charged.
d) Reservations for day passes for groups of six persons or more must be cancelled by three
days before the reserved date; otherwise, 80% of the price be charged.
13. Closing stipulations
The complete or partial invalidity of a stipulation of this Contract does not affect the validity of
the remaining contractual stipulations. The invalid or void stipulation is replaced by the
stipulation on which the parties would have agreed in order to achieve the same economic
success if they had known of the defect when the contract was signed. The rest is subject to
14. Applicable law
The use of the Blue Spa is subject exclusively to the law of the Federal Republic of Germany.
Status: 29. May 2018