General Terms and Conditions (GTC)

VAMED VitalityClub

1. Scope of the GTC
These GTC apply to participation in VAMED VitalityClub. Correspondence and all other information shall be in German or English.

2. Subject of the contract
These GTC contain provisions according to which bonus points (“VitalityClub points”) are credited to the customer for bonusable transactions, provided that the customer is a consumer as defined in section 1 of the Austrian Consumer Protection Act (Konsumentenschutzgesetz, KSchG), and/or according to which the customer is able to take advantage of VAMED VitalityClub offers. For a current list of participating VAMED Vitality World resorts, please visit https://www.vitality-world.com. Membership of VAMED VitalityClub is free of charge, bound to the person of the customer and non-transferable
 

3. VAMED VitalityClub registration
VAMED VitalityClub registration is available at https://www.vitality-world.com and via the VitalityClub app. It is also possible to register for VAMED VitalityClub directly at any VAMED Vitality World resort via the tablets available there. Upon transmission of the registration data (login data) by VAMED Standortentwicklung und Engineering GmbH, Sterngasse 5, 1230 Vienna, ("VSG"), application for participation in VAMED VitalityClub shall be deemed accepted. The contractual relationship is established between VSG and the customer. The customer must be at least 18 years of age when concluding the contract. The VitalityClub card is essentially a digital card. If desired by the customer, a physical VitalityClub card can be issued free of charge in check card format. The use of offers within VAMED VitalityClub is free of charge for the customer. The current benefits offered by VAMED VitalityClub can be found at https://www.vitality-world.com.  
 

4. VitalityClub account and benefits
An account ("VitalityClub account") is maintained for each customer participating in VAMED VitalityClub. The VitalityClub account balance shows the bonus points ("VitalityClub points") generated on the basis of the customer's transactions under proof of VAMED VitalityClub membership during the payment process. These transactions are converted to VitalityClub points unless excluded from the bonus. Sales generated by the purchase of vouchers, the use of medical services, local tax, half-yearly and annual memberships as well as membership fees for the participating resorts, third-party services within a participating resort (e.g., hairdresser, purchases in the stores, tips, stays booked via a tour operator, external online booking platforms, agencies or via insurance companies and contractually agreed special rates) are excluded from the bonus. The VAMED Vitality World resorts reserve the right to exclude other sales from the bonus by appropriate announcement. Retrospective consideration of transactions made on the VitalityClub account is possible within three months from the invoice date by sending the invoice (by mail or email), and including the card number on the reverse side under the bar code, to the respective VAMED Vitality World resort. 

The conversion factor “transactions/sales to VitalityClub points” is determined by VSG. The VitalityClub points accumulated in the VitalityClub account can be redeemed for vouchers (“VitalityClub vouchers”) in the VitalityClub app, the VitalityClub portal or via the tablets available at the VAMED Vitality World resorts. VAMED VitalityClub benefits can be used at the VAMED Vitality World resorts participating at the time of the claim by presenting the digital VitalityClub voucher. VitalityClub points accrued in the VitalityClub account expire 36 months after their accrual (which is the day on which the points are credited to the respective VitalityClub account). VitalityClub points available up to 03/31/2022 can only be redeemed until 12/31/2022. The commercial trading of VitalityClub vouchers (e.g., via Internet platforms) is prohibited. 
 

5. Bonus level system
VAMED VitalityClub’s bonus level system VitalityClub PLUS consists of the three levels 
CLASSIC, SILVER and GOLD. The current bonus level can be viewed by logging into the VitalityClub account. Allocation of a bonus level is based on the VitalityClub points collected in the VitalityClub account. When registering for VAMED VitalityClub, the customer is initially at the CLASSIC level. The SILVER level is reached by collecting at least 12,500 VitalityClub points within a period of 36 months. To reach the GOLD level, at least 38,000 points must be acquired, also within a period of 36 months. Details on the bonus levels can be found at https://www.vitality-world.com. 
 

6. Period of validity/cancellation

Participation in VAMED VitalityClub is based on an indefinite contract. The customer may terminate the legal relationship at any time in writing with immediate effect. The customer may terminate the legal relationship at any time in writing with immediate effect. The customer can also terminate the legal relationship by deleting their profile in the app or web app. VSG can terminate the legal relationship at any time in writing with a notice period of two months without giving reasons. After notice of termination has been delivered, no VitalityClub points can be credited to the VitalityClub account. Points can no longer be redeemed after expiration of the notice period and VitalityClub vouchers already obtained lose their validity; likewise, any other Club benefits are no longer available. 

Beyond this, VSG is entitled to exclude the customer from further participation in VAMED VitalityClub with immediate effect and to delete all data in the event of demonstrable misuse of the bonus program or in the event of false information or behavior that is detrimental to the interests of VSG. In this case, all VitalityClub points and VitalityClub vouchers collected on the VitalityClub account will automatically expire. 

In this case, all VitalityClub points and VitalityClub vouchers collected on the VitalityClub account will automatically expire. 

In the event of prolonged inactivity (i.e. no points booking on the VitalityClub account / no activity visible in the VitalityClub app or in the VitalityClub portal) for a period of 36 months, VSG shall be entitled to terminate the contractual relationship and to delete the customer's data after sending information to this effect to the customer's last known email address.
 

7. Warranty, limitation of liability
Cash replacement of VitalityClub points, VitalityClub vouchers and other Club benefits is excluded. Cash replacement is also excluded if a VAMED Vitality World resort is temporarily or permanently closed or ceases to be part of VAMED Vitality World resorts. VAMED Vitality World resorts and VSG are neither liable for system malfunctions and VAMED VitalityClub downtimes nor for their consequences. Furthermore, the VAMED Vitality World resorts and VSG are not liable for any misuse of VAMED VitalityClub and/or VitalityClub vouchers as a result of loss or theft.  
 

8. Address and/or name changes / Changes to the GTC and/or the program
The customer can change his/her address or name at any time in writing in the The customer can change his/her address or name at any time in writing in the VitalityClub app or on the VitalityClub portal. Mailings and notifications to the address last notified by the customer shall be deemed to have been effectively delivered to the customer if the customer has not notified their change of address. The current terms and conditions can be viewed on the websites of the VAMED Vitality World resorts, as well as at https://www.vitality-world.com or in the VitalityClub app. VSG may, at any time, at its sole discretion and without prior notice, discontinue VAMED VitalityClub and/or modify, limit or suspend it and the GTC. Any amendment or addition to the GTC will be brought to the attention of the customer in the VitalityClub app or on the VitalityClub portal. The amendment or addition shall be deemed accepted by the customer unless the customer submits a written objection to the notice of an amendment to the sender within one month of becoming aware of the change notice. In any notification of an amendment to the GTC, the customer shall be expressly informed of the possibility to object within the time limit, as well as of the consequences of failure to object.  

9. Data protection
Personal data resulting from the customer’s participation in VAMED VitalityClub include name, form of address, academic title, number of persons in the household, address, email address, telephone number, date of birth and language. Further personal data includes information regarding the newsletter, VitalityClub account data, the VAMED Vitality World resort where the customer has registered (if applicable), the registration date as well as data subsequently disclosed in the course of a hotel/spa stay, such as preferences regarding room category, room furnishings, beverage and food, eating habits, allergies, pets, mode of arrival, early check-in or late check-out, bathrobe size, preferences for bookable leisure activities and treatments, special requests due to physical impairments or illnesses, marital status, number of children and date of birth of children (in short, "data"). All such data will be processed by VSG and shared with the other VAMED Vitality World resorts participating in VAMED VitalityClub (which are: 1) Aqua Dome - Tirol Therme Längenfeld GMBH & CO KG, 2) TAUERN SPA WORLD Betriebs GmbH & Co KG, 3) TBG Thermenzentrum Geinberg BetriebsgmbH, 4) TBL Therme Laa a.d. Thaya - Betriebsgesellschaft m.b.H, 5) Therme Wien GmbH & Co KG, 6) Heilbad Sauerbrunn Betriebsgesellschaft m.b.H., 7) Therme Seewinkel Betriebsgesellschaft m.b.H., 8) Gesundheitsresort Gars Betriebs GmbH). Processing and transmission of data to the other VAMED Vitality World resorts is necessary to manage participation in VAMED VitalityClub and maintain the VitalityClub account for the customer (e.g., crediting bonus points, redeeming points in another VAMED Vitality World resort, etc.). If this information is not provided, participation in VAMED VitalityClub is not possible.  The purposes of data processing include administration of the customer’s VitalityClub account, the processing of benefits from VAMED VitalityClub, customer care and – where the customer has consented – marketing for products and services offered within the VAMED Vitality World resorts, promotions and events as well as news concerning the VAMED Vitality World resorts (including sending corresponding marketing materials by mail, email, SMS as well as contact by telephone). 

Processing for the purpose of managing participation in VAMED VitalityClub is based on Art 6 (1) b) of the EU General Data Protection Regulation (“GDPR”) (performance of the contract). Data processing for the purpose of marketing is based on Art 6 (1) a) GDPR (consent). 

Data is processed for the purpose of providing VAMED VitalityClub’s electronic system, as well as for marketing purposes by hello again GmbH (Dr. Herbert-Sperl-Ring 3/6, 4060 Leonding), mediasupport GmbH (Lerchenfelder Strasse 124/Top 6, 1080 Vienna), vendo Kommunikation + Druck GmbH (Johannes-Gutenberg-Strasse 2, 4840 Vöcklabruck) AUSTRIACARD AG (Lamezanstrasse 4-8, 1230 Vienna), protel hotelsoftware GmbH (Europaplatz 8, 44269 Dortmund), TravelClick, Inc. (Via Augusta, 117, Barcelona 08006, Spain), high.one Marketing OG (Gurkgasse 43/Top 2, 1140 Vienna), Druckwerkstatt Handels GmbH (Hosnedlgasse 16b, A-1220 Vienna) and Betterspace GmbH (Oberpörlitzer Strasse 2, 98693 Ilmenau), TAC – The Assistant Company (Schildbach 211, 8230 Hartberg, Austria) and Incert eTourismus GmbH & Co KG (Leonfeldner Str. 328, 4040 Linz), who process the data. The data is not passed on to other third parties. 

Contact details of the data protection officer for VAMED Standortentwicklung und Engineering GmbH and VAMED Vitality World resorts are:  

Mag. Per-Oliver Gustavson, Sterngasse 5, 1230 Vienna. 

The data will be stored for the duration of participation in VAMED VitalityClub and beyond that for the duration of retention periods specified by law, for as long as legal claims from the contractual relationship can be asserted or other legitimate reasons justify further storage. 
Consent to the sending of mail, emails, SMS and contact by telephone can be revoked at any time in writing (email: club@vitality-world.com). This does not affect the legality of data processing based on consent before revocation. Furthermore, the customer has the right, in each case in accordance with the statutory provisions, to request access to data concerning him/her, rectification, erasure and/or restriction of processing or objection to processing, as well as to data portability, and further, the right to lodge a complaint with the Austrian Data Protection Authority (www.dsb.gv.at, dsb@dsb.gv.at, Wickenburggasse 8, 
1080 Vienna) or another competent supervisory authority in the country of his/her residence.  
 

10. Applicable law, place of performance, place of jurisdiction
Austrian substantive law shall apply with the exception of the conflict of laws rules and the UN Convention on Contracts for the International Sale of Goods. Places of performance are the participating VAMED Vitality World resorts. The place of jurisdiction is Vienna, Inner City, unless another place of jurisdiction is mandatory due to consumer protection provisions. If any provision within these GTC should be invalid, this shall not affect the validity of and obligation to comply with the remaining provisions of the GTC. 
 
As of: 11/24/2022