Right of withdrawal
Under section 312g(2), no. 9 of the German Civil Code (BGB), there is no right of withdrawal or return for contracts concerning accommodation for purposes other than residence or services related to leisure activities if the trader undertakes to provide those services on a specific date or during a precisely specified period.
There is therefore no right of withdrawal or return when purchasing admission tickets for a specific date or dates. The same applies when a voucher is redeemed for a specific date or dates.
If the customer is acting as a consumer within the meaning of section 13 BGB and the requirements of sections 312c, 312g and 355 BGB are met, the customer has a right of withdrawal. A consumer is any natural person entering into a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. Sabayking Thai-Massage & Wellness expressly draws attention to the following withdrawal information:
Right of withdrawal
The customer has the right to withdraw from this contract within 14 days without giving any reason. For service contracts, the withdrawal period is 14 days from the date the contract is concluded. For goods, it is 14 days from the date on which the customer, or a third party nominated by the customer other than the carrier, takes possession of the goods or, where several goods ordered together are delivered separately, the last item.
To exercise the right of withdrawal, the customer must inform Sabayking Thai-Massage & Wellness (address: Seelingstraße 17, 14059 Berlin; email: kontakt@sabayking-thaimassage.berlin) of the decision to withdraw from this contract by an unequivocal statement, for example by post or email. The customer may use the model withdrawal form below, but this is not compulsory.
To meet the withdrawal deadline, it is sufficient to send the communication concerning exercise of the right of withdrawal before the withdrawal period expires.
Effects of withdrawal
If the customer withdraws, Sabayking Thai-Massage & Wellness must reimburse all payments received from the customer, including delivery costs, without undue delay and no later than fourteen days after receiving notice of withdrawal from this contract. This excludes additional costs resulting from the customer choosing a delivery method other than the least expensive standard delivery offered by Sabayking Thai-Massage & Wellness.
Sabayking Thai-Massage & Wellness will use the same means of payment for the reimbursement as the customer used for the original transaction, unless expressly agreed otherwise. No fees will be charged for the reimbursement. Sabayking Thai-Massage & Wellness may withhold reimbursement until the goods have been returned or the customer has provided evidence of returning them, whichever occurs first.
The goods must be returned or handed over without undue delay and no later than fourteen days from the date on which the customer informs Sabayking Thai-Massage & Wellness of withdrawal from this contract. The deadline is met if the goods are sent before the fourteen-day period expires.
The customer bears the direct cost of returning the goods.
The customer is liable only for any diminished value of the goods resulting from handling beyond what is necessary to establish their nature, characteristics and functioning. End of withdrawal information.
Exclusions from the right of withdrawal
The right of withdrawal does not apply to contracts for goods made to the customer's specifications or clearly personalised, goods that by their nature are unsuitable for return or may deteriorate rapidly, or goods whose expiry date would be exceeded. It is also excluded for the supply of audio or video recordings or software where the customer has opened the supplied media, and for the supply of newspapers, periodicals and magazines, unless the customer made the contractual declaration by telephone.
Special notes
The customer's right of withdrawal expires early if the customer's contractual partner begins providing the service before the withdrawal period ends with the customer's express consent, or if the customer arranges for the service to be provided. For a voucher, the right of withdrawal expires if and to the extent that the customer uses the voucher balance for a fixed appointment.
Model withdrawal form
(If you wish to withdraw from the contract, please complete and return this form.)
Sabayking Thai-Massage & Wellness, Sureerat Schmidt, Seelingstraße 17, 14059 Berlin; email: kontakt@sabayking-thaimassage.berlin:
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the sale of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is submitted on paper)
Date
_______ (*) Delete as appropriate.
