General Terms and Conditions (GTC)
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. This list is continuously updated so that new VAMED Vitality World resorts are included and resorts leaving VAMED Vitality World are removed. 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. 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 or the VitalityClub web app (“VitalityClub portal”). VAMED VitalityClub benefits can be used at the VAMED Vitality World resorts participating at the time of the claim (see point 2. of these GTC) by presenting the digital VitalityClub voucher, provided that the redemption conditions announced by the resort (see point 6. of these GTC) permit redemption. 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). 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 www.vitality-world.com.
6. Redemption conditions of the VAMED Vitality World resorts
The specific redemption conditions can be found in the respective voucher descriptions in the VitalityClub app or on the VitalityClub portal.
The redemption of VitalityClub vouchers is excluded in the resorts in traditionally particularly busy periods of the year, such as public holidays, bridge days and during the Austrian autumn, Christmas, semester and Easter holidays. In addition, voucher redemption may be excluded at individual resorts during other periods, such as the summer holidays.
7. 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 the VitalityClub portal. 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.
8. 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, no longer participates in the VAMED VitalityClub programme 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.
9. 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 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.
Data Protection VAMED VitalityClub
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: 01/02/2024
(Last update 29.01.2024)
2. What personal data is processed?
Firstly, we process the personal data that you provide to us when you register for the VAMED Vitality Club. This includes your name, form of address, title, address, e-mail address, telephone number, gender, date of birth and language. Other personal data includes information about any newsletters you may have subscribed to, Vitality Club account details, date of registration and data that is subsequently disclosed during a hotel and/or spa stay.
3. For what purposes is the data processed?
The following information is intended to provide an overview of the purposes for which and the legal basis on which we process your personal data in accordance with the GDPR:
• Management of membership within the framework of the VitalityClub account - fulfilment of the contract in accordance with Art 6 par. 1 lit b GDPR
• Processing of the benefits from the VAMED VitalityClub - fulfilment of the contract in accordance with Art 6 par. 1 lit b GDPR
• Customer care - fulfilment of the contract and legitimate interest of VSG in providing contact points for problems and feedback from members and implementing solutions in accordance with Art 6 par. 1 lit f GDPR
• Marketing for products, services and services of the resorts of VAMED Vitality World, promotions and events as well as news from the resorts of VAMED Vitality World (including the sending of corresponding marketing materials by post, e-mails, text messages for confirmation of registration and contact by telephone) exclusively with the corresponding consent of the member in accordance with Art 6 par. 1 lit a GDPR
If we have asked for your consent to process your personal data, we will only use your personal data within the scope of the consent given (Art. 6 par. 1 lit. a GDPR and Art. 9 par. 2 lit. a GDPR). You can revoke your consent at any time with effect for the future by contacting firstname.lastname@example.org.
We may disclose your personal data to the following recipients for the above-mentioned purposes.
• VAMED Vitality World resorts participating in the VAMED VitalityClub. A current list of participating VAMED Vitality World resorts ("VVW resorts") can be found at www.vitality-world.com. The processing and transfer of data to the other VAMED Vitality World resorts is necessary for the administration of participation in the VAMED VitalityClub and the customer's VitalityClub account (crediting of bonus points, redemption at another VAMED Vitality World resort, etc.). If the information is not provided, participation in the VAMED VitalityClub is not possible.
• The data is processed for the purpose of providing the electronic system for the VAMED VitalityClub and for marketing purposes by hello again GmbH (Dr Herbert-Sperl-Ring 3/6, 4060 Leonding), vendo Kommunikation + Druck GmbH (Johannes-Gutenberg-Strasse 2, 4840 Vöcklabruck), AUSTRIACARD AG (Lamezanstraße 4-8, 1230 Vienna), protel hotelsoftware GmbH (Europaplatz 8, 44269 Dortmund), high.one Marketing OG (Gurkgasse 43/Top 2, 1140 Vienna) and Incert eTourismus GmbH & Co KG (Leonfeldner Str. 328, 4040 Linz).
• In addition, data processing is carried out by reprographic companies (printing company) commissioned by VSG, software developers/IT service providers/software companies, entry system companies/entry systems, advertising agencies and voucher management systems.
• If disclosure is required (i) by law or regulation or (ii) for the establishment, exercise or defence of legal claims, we may also disclose personal data to competent authorities or courts and other third parties who advise us in this context (e.g. higher-level affiliate companies, law firms).
The data will not be passed on to other third parties.
5. How long do we store the data?
In general, we only store your personal data for as long as it is necessary to fulfil the purpose for which it was collected. In any case, we therefore store your data for the duration of your membership. Beyond this period, we store your personal data to fulfil statutory retention obligations (e.g. to fulfil the 7-year retention obligation under the applicable tax and company law provisions) or as long as other legitimate interests in storage exist (e.g. as evidence for the assertion, exercise or defence of claims in pending or imminent legal disputes).
As soon as there are no legitimate reasons for the continued storage of personal data, it is either deleted or anonymised.
6. Your rights as a data subject
As a data subject, you have the following rights in particular with regard to your personal data under the conditions defined by law:
• Information as to whether and which personal data we have stored about you and to receive copies of this data (right of access)
• Correction, addition or deletion of your personal data that is incorrect or not processed in accordance with the law (right to correction and deletion)
• Restriction of the processing of your personal data (right to restriction)
• under certain circumstances, to object to the processing of your personal data or to withdraw consent previously granted for processing (right to object or withdraw consent)
• to receive the personal data that you have provided to us in a structured, commonly used and machine-readable format and to transfer this data to another controller (right to data portability)
We do not process your personal data for the purpose of making decisions based solely on automated processing (including profiling) which produce legal effects concerning you (Art. 22 GDPR).
To exercise any of the above rights, please send an email to email@example.com or by post to Sterngasse 5, 1230 Vienna.
In addition, you have the right to lodge a complaint with a supervisory authority if you believe that your data protection rights have been violated. For Austria, the data protection authority (www.dsb.gv.at, firstname.lastname@example.org, Barichgasse 40-42, 1030 Vienna) is responsible.
8. Our contact details
If you have any questions or other concerns regarding the processing of your personal data operated by us, please contact the Company Data Protection Officer at email@example.com or VAMED Aktiengesellschaft, Sterngasse 5, A-1230 Vienna.
VAMED Site Development and Engineering GmbH
As of: 01 February 2024