§1 Scope of the general terms and conditions / General provisions

The website ‘Sabayking Thai-Massage & Wellness’ is operated by Sureerat Schmidt, whose address is Seelingstraße 17, 14059 Berlin, Germany, referred to below as SABAYKING. These general terms and conditions apply to all bookings, presentations and use of the website, and to all massages and vouchers offered by SABAYKING. These terms take effect upon publication. Any agreements departing from these terms require written confirmation from SABAYKING. Individual agreements between the customer and SABAYKING take precedence over these terms. SABAYKING may amend or supplement these terms and any appendices with a reasonable period of notice; amendments will be published on the website. The terms in force when the contract is concluded form part of that contract.

§2 Description of services and treatment contract

The sole purpose of our Thai massages and other treatments is to promote our customers' wellbeing, relaxation and rest. They make no medical claims and are not intended to treat diseases, injuries or other physical, mental or psychological conditions. Before a treatment, each customer must inform us of relevant existing health risks, impairments or limitations resulting from pre-existing conditions or medical instructions. Each customer acts on their own responsibility and should seek medical advice before making an appointment where appropriate in view of their medical history or acute symptoms.

Please also read the information in our ‘Contraindications’ section.

Our massage studio does not offer erotic acts or any other erotic or sexual services. The treatment contract between the customer and SABAYKING is a service contract under sections 611 et seq. of the German Civil Code (BGB). Under the contract, the party promising the treatment undertakes to provide that treatment, and the other party undertakes to pay the agreed or displayed fee. The treatment contract is concluded when the customer and SABAYKING agree an appointment. Appointments may be arranged by telephone, in person or in writing by post or email, including the email address stated on our website. The descriptions of individual treatments merely invite the customer to submit a binding offer to SABAYKING. When arranging the appointment, SABAYKING decides whether to accept the customer's offer to conclude a contract. Only then is the treatment contract concluded. Please refer to §4 of these terms for the arrangements for withdrawing from the treatment contract. Treatment length depends on the type and duration agreed. Treatment time includes changing time. If the customer arrives late, treatment time is reduced accordingly where another customer has a subsequent appointment.

§3 Collection, processing and use of customer data

All massage sessions take place only after consultation with the customer, who undertakes to answer all questions about themselves, particularly their health, completely and truthfully. SABAYKING may collect, store and process customers' personal data, such as surname, first name, telephone number, mobile number and email addresses, insofar as required for the business relationship. Personal data is treated confidentially and collected, processed and used only internally to provide appropriate customer care.

§4 Withdrawal from the treatment contract / Appointment cancellations

Agreed appointments must be kept. An appointment agreement constitutes a service contract under section 615 BGB, whether made in writing, online, by telephone or verbally. If a customer fails to attend an agreed massage appointment, the lost treatment price may be charged as a cancellation fee unless the appointment was cancelled at least 24 hours in advance. Cancellation must be communicated to SABAYKING in person, by telephone (answering machine) or in writing by email or Facebook. Otherwise, SABAYKING reserves the right to charge for the missed appointment. SABAYKING may withdraw from the treatment contract before full performance where health limitations are involved that SABAYKING cannot, does not wish to or is not permitted to treat because of its training, existing health risks or legal requirements. Both the customer and SABAYKING may withdraw from the treatment contract before full performance if the relationship of trust has deteriorated to such an extent that continuing the treatment would be unreasonable. In that case, SABAYKING retains entitlement only to payment for services provided up to withdrawal. Cancellation at least 24 hours before the appointment is free of charge. Cancellation within 24 hours of the appointment incurs a charge of 50% of the treatment price. Failure to attend without cancelling incurs a charge of 100% of the treatment price.

§5 Liability for damage

If a customer suffers unexpected damage or consequential damage because they failed to disclose relevant health impairments or reasons excluding treatment, ‘Sabayking Thai-Massage & Wellness’ in Berlin-Charlottenburg is exempt from liability. SABAYKING reserves the right to refuse customers it considers to present a critical risk, without providing further personal reasons. Statements made by SABAYKING are always based on its current knowledge. As professional views differ on some topics, SABAYKING cannot guarantee in every respect that its statements or treatments reflect the latest views or those previously recognised as best practice.

§6 Vouchers and multi-purpose vouchers

I. Description of services and conclusion of contract

The multi-purpose vouchers displayed on the Sabayking Thai-Massage & Wellness website are not binding offers; they invite the customer to submit a binding offer to Sabayking Thai-Massage & Wellness. Vouchers may be purchased directly at the studio or online through our shop. On receipt, Sabayking promptly confirms the customer's order electronically and sends the voucher to the email address provided. For an online purchase, the buyer receives an email with the multi-purpose voucher attached as a PDF. The buyer should enter the purchase date on the voucher so that the recipient can check its validity. By sending the confirmation and voucher, Sabayking accepts the customer's offer and a contract is concluded. The voucher entitles the customer or another eligible person to book and receive the corresponding massage and/or wellness products. The conditions displayed at booking and the price stated on the voucher apply. Vouchers purchased before 27 July 2024 are massage vouchers rather than multi-purpose vouchers and can be redeemed only for a massage session.

II. Period of validity

The voucher value remains redeemable within the statutory limitation period. The standard limitation period is three years (section 195 BGB) and generally begins at the end of the year in which the claim arose (section 199 BGB). The purchase date entered on the voucher provides a record for this purpose. The printed price for the relevant service is guaranteed for 12 months from purchase; Sabayking bears the risk of price increases during that period. After the 12-month price guarantee ends, the voucher value remains redeemable within the statutory limitation period; if prices have changed, the difference from the current price may be payable. Vouchers cannot be exchanged for cash. They are intended only for redemption and provision of the stated services. They are not tied to a named person and may be given or sold to someone else. Please note the voucher's period of validity.

III. Redeeming vouchers

Redemption requirements: Please print your voucher and present it at your appointment. The printed voucher serves as proof of purchase. We recommend bringing a printed copy. In exceptional cases, the voucher may be presented on a smartphone if its code is legible.

Customer responsibility: Please keep your voucher safe. We cannot provide the service if the voucher has been lost or forgotten.

IV. Payment and delivery

Vouchers may be paid for in cash at the studio or through the online shop by bank transfer, PayPal, credit card or other offered payment methods. Vouchers bought online are sent to the customer's stated email address once SABAYKING has received payment. This usually takes a few minutes, but delivery times are not binding. SABAYKING accepts no liability for compensation claims arising from late or failed delivery, or an incorrect email address entered when ordering, except where the company acted intentionally or with gross negligence. SABAYKING must be notified immediately if a voucher is lost or stolen. SABAYKING is not liable for any unauthorised redemption of a voucher.

Consumer dispute resolution

We are neither required nor willing to participate in dispute resolution proceedings before a consumer arbitration board (section 36 of the German Consumer Dispute Resolution Act, VSBG).

V. Right of withdrawal

Consumers within the meaning of section 13 BGB have a statutory right to withdraw from distance contracts, for example online contracts, within 14 days without giving a reason. The withdrawal period is 14 days from the date the contract is concluded. To exercise this right, you must inform SABAYKING of your decision to withdraw by an unequivocal statement, for example a letter sent by post or an email. To meet the withdrawal deadline, it is sufficient to send notice of exercise of the right before the period expires. Following a valid withdrawal, we will reimburse all payments received without undue delay and no later than 14 days after receiving your withdrawal notice, using the same payment method as the original transaction.

The right of withdrawal expires early if the service has been fully performed and performance began only after your express consent and acknowledgement that the right would expire, and insofar as you redeem a voucher for a fixed appointment before the withdrawal period ends or arrange for the treatment yourself. Customers acting as merchants have no right of withdrawal.

Full withdrawal information and the model withdrawal form are available here: Right of withdrawal.

Send withdrawal notices to:
Sabayking Thai-Massage & Wellness
Sureerat Schmidt
Seelingstraße 17
14059 Berlin
Email: kontakt@sabayking-thaimassage.berlin

VI. Unused vouchers and cancellation

Purchasing a SABAYKING voucher entitles the customer to receive the agreed service within the statutory period of validity. Vouchers are transferable and may be redeemed by any eligible person. If a voucher holder has agreed an appointment and misses it, the voucher is forfeited without replacement. Appointment changes must be agreed with SABAYKING in good time and may incur charges applicable to short-notice cancellations.

VII. Withdrawal by Sabayking Thai-Massage

Until the voucher holder books or schedules a treatment, SABAYKING may withdraw from the contract for good cause. Good cause includes, for example, a therapist's illness, force majeure or closure of the business. If SABAYKING withdraws for good cause, the booking price will be refunded to the customer. Further claims against SABAYKING are excluded.

§7 Physical limitations / Contraindications

Each customer is responsible for informing SABAYKING before treatment about existing health risks, impairments or limitations arising from pre-existing conditions or medical instructions. Customers are advised to seek medical advice before arranging an appointment where appropriate in view of their medical history or acute symptoms. Health considerations must be taken into account, and certain circumstances exclude massage by our team. These include recent operations and bone fractures, severe rheumatic disease and inflammation, severe heart disease and risk of heart attack, vascular disease involving a risk of thrombosis, acute infection and fever, severe psychiatric and neurological conditions, pregnancy, cancer in any form, intoxication, and physical dependence on alcohol, drugs or medication. Customers should avoid large meals before a massage. On your first visit, we will ask about your health. Before every treatment or massage, please tell your therapist about known health concerns or other information relevant to the treatment. All information is treated confidentially. If in doubt, customers are asked to contact their doctor before the massage.

§8 Delays and inability to attend

Although SABAYKING endeavours to keep agreed appointment times, it reserves the right to change or cancel appointments in certain circumstances. Delays may occur for various reasons. If, for reasons attributable to you, treatment cannot begin within one hour after the agreed time, a replacement appointment will be arranged. SABAYKING cannot pay compensation if you miss the appointment because you arrive late. If you cannot attend in time or redeem a voucher, the voucher remains valid, but further claims against SABAYKING are excluded.

§9 Form of declarations

All legally relevant declarations and notices that the customer must give to SABAYKING or a third party require written form.

§10 Disclaimer for website use / Intellectual property rights

The customer acknowledges that the content published on this website is protected by intellectual property and other proprietary rights. The customer also recognises that SABAYKING's advertising content is protected by copyright, trademarks, patents or other rights or laws. Without SABAYKING's written consent, content or works available or accessible on the website may not be used, modified, rented, leased, lent, sold, distributed or transformed, in whole or in part. Use of the website is at the customer's own risk, including downloading PDF files and any resulting damage to or impairment of computer systems or other technical devices, and loss of data. SABAYKING's liability is limited to damage caused intentionally or through gross negligence, or resulting from a breach of essential primary obligations under the contractual relationship. Liability for indirect damage and atypical consequential loss is excluded where damage results from negligent breach of non-essential contractual obligations or obligations during contractual negotiations.

§11 Place of performance, applicable law and jurisdiction

The place of performance and payment is SABAYKING's place of business.

The law of the Federal Republic of Germany applies.

If the customer has no general place of jurisdiction in Germany or another EU member state, is a merchant, moves their permanent residence abroad after the contract is concluded, or their residence is unknown when proceedings are brought, Sabayking Thai-Massage & Wellness's place of business is the exclusive place of jurisdiction for all disputes arising from this contract.

Sabayking Thai-Massage & Wellness
Sureerat Schmidt
Seelingstraße 17
14059 Berlin
Email: kontakt@sabayking-thaimassage.berlin