Familux ONE Participation Terms

General Terms and Conditions for the Familux ONE loyalty programme

Mayer family hotels GmbH

Version 1.5 – As at 18 August 2026 – effective from 18 August 2026

Table of contents

Preamble

Familux ONE is the loyalty programme of Mayer family hotels GmbH for guests of the Familux Resorts. With Familux ONE we thank our guests for their loyalty: for stays and services at the participating resorts, members receive ONE-Credits which they can use towards rewards on future stays. Participation is voluntary and free of charge.

These Participation Terms govern the relationship between Mayer family hotels GmbH and the member. They do not govern the booking and the stay itself – these are subject to the general terms and conditions of the respective resort (in Austria the General Terms and Conditions for the Hotel Industry, AGBH 2006) and to the respective booking confirmation.

The key points at a glance. The following overview does not replace the provisions set out below, but is intended to help you find your way:

• Participation is free of charge and may be terminated at any time without notice (Clause 4.4, Clause 15.1).
• You receive ONE-Credits for eligible spend at the participating resorts (Clause 8, Annex 1). These are to be distinguished from Status Points, which determine your status level alone and cannot be redeemed (Clause 2, Clause 10).
• ONE-Credits expire three years after the day they are credited. We remind you of this twice beforehand (Clause 13).
• ONE-Credits cannot be paid out in cash and cannot be transferred or sold to third parties (Clause 11).
• If a booking is cancelled, the ONE-Credits credited for it are deducted again. This never gives rise to any payment obligation (Clause 12).
• We announce changes to these Terms at least eight weeks in advance. We cannot unilaterally change the conversion key, the redemption value or the expiry period to your detriment (Clause 20).

1. Scope and contracting party

1.1 These Participation Terms apply to participation in the “Familux ONE” loyalty programme (the “Programme”) via the member portal at familux.one (the “Portal”) and – within the range of functions made available there – via the Familux App (the “App”).

1.2 The operator of the Programme and the member’s contracting party is

Mayer family hotels GmbH
Lussparkweg 2, 6631 Lermoos, Austria
Commercial register no. FN 397754h, Regional Court Innsbruck
VAT ID ATU68060625
Telephone +43 5673 24245000, e-mail one@familux.com

(the “Operator”, “we” or “us”).

1.3 The range of functions of the App is more limited than that of the Portal. Which functions of the Programme are available via the App follows from the App itself. There is no entitlement to a particular range of App functions; the Programme can be used in full via the Portal at any time.

1.4 Diverging, conflicting or supplementary terms of the member shall not become part of the contract.

2. Definitions

For the purposes of these Participation Terms:

Member: a natural person who participates in the Programme in accordance with Clause 4.

Member account: the member’s personal area in the Portal in which, in particular, the master data, the ONE-Credit balance, the status level and the transaction history are kept.

Participating businesses: the resorts and companies named in Clause 3 at which ONE-Credits can be earned and redeemed.

ONE-Credits: the free loyalty reward under Clause 7 that is credited for eligible spend.

Bonus Credits: ONE-Credits granted outside the regular conversion as part of a promotion limited in time or scope (Clause 8.6).

Eligible spend: the spend relevant for crediting ONE-Credits in accordance with Annex 1.

Status level: the tiers of the Programme described in Annex 2.

Status Points: a display value only in the member account, reflecting the eligible spend achieved so far and illustrating to the member the progress towards the next tier. The status level is determined solely by the requirements under Annex 2. Status Points are not ONE-Credits: they cannot be redeemed, transferred or converted into rewards, and they are not paid out in cash. Both values are shown separately in the member account.

Reward: a benefit described in Annex 3 for which ONE-Credits can be used.

Accompanying family members: the persons who were guests together with the member at a participating business; they follow from the stay data in accordance with Clause 6.

Familux Shop: the online shop operated by the Operator.

Text form: a legible declaration made on a durable medium, in particular by e-mail; no signature is required.

3. Participating businesses

3.1 All resorts operated under the “Familux Resorts” brand by the Operator or by companies affiliated with it participate in the Programme. ONE-Credits can be earned and redeemed at these resorts. In addition, ONE-Credits are earned for purchases in the Familux Shop, including outside a stay; they cannot be redeemed there.

3.2 The participating businesses – with resort name, location and the respective operating company including address and commercial-register data – are named in the list below. It forms part of these Participation Terms and is kept up to date; we announce changes in accordance with Clause 20. On request we will provide the list free of charge in text form.

3.3 The participating businesses are legally independent companies. The accommodation contract for a stay is concluded with the relevant participating business, not with the Operator; which company this is follows from the list under Clause 3.2 and from the respective booking confirmation. The participation contract for the Programme is concluded exclusively with the Operator.

3.4 New resorts. If the Familux group opens or acquires a further resort, that resort participates in the Programme from the date stated in the list under Clause 3.2. We announce the addition in the Portal. As adding further resorts only expands the scope of benefits for the member, it requires neither an amendment of these Participation Terms nor the member’s consent. For resorts outside Austria and Germany, diverging mandatory provisions of the respective country may apply; we point this out in the list under Clause 3.2.

3.5 Departing resorts. If a resort leaves the Programme – for example because it is sold, permanently closed or extensively rebuilt – we announce this at least three months in advance in the Portal and by e-mail. ONE-Credits already credited remain unaffected and can be redeemed at the remaining participating businesses. If the last remaining resort leaves, the period under sentence 1 does not apply, but rather the notice period under Clause 16.1; the redemption period under Clause 16.1 applies accordingly in this case.

4. Participation in the Programme

4.1 Eligibility

Eligible to participate are natural persons who have reached the age of 18, have full legal capacity and are resident in a member state of the European Economic Area or in Switzerland. Registration is first possible upon check-in of the first stay at a participating business; without such a stay there is no eligibility to participate. Participation is for private purposes only. Legal entities, partnerships, travel agencies, tour operators and other commercial intermediaries cannot become members.

4.2 One member account per person

Only one member account is permitted per person. If we identify several member accounts belonging to the same person, we merge them after informing the member in advance; the ONE-Credits present on the merged accounts are retained with their respective expiry dates.

4.3 Registration and conclusion of the contract

Registration takes place via the registration form in the Portal, in the App or at a participating business. The information marked as mandatory in the form is required. The participation contract is concluded when our confirmation of registration in text form reaches the member. We reserve the right to reject a registration if the requirements of Clauses 4.1 or 4.2 are not met, if the information is incomplete or evidently incorrect, or if an earlier participation contract of the same member was terminated for a reason under Clause 14.3. A rejection will be reasoned.

4.4 Free of charge

Participation in the Programme is free of charge for the member. There are no registration fees or ongoing fees. The price payable for a stay is independent of whether the member participates in the Programme. For the use of the Portal and the App, only the connection costs of the member’s respective internet access provider apply.

4.5 Keeping data current

The member keeps the data stored in the member account, in particular name, address and e-mail address, up to date. The member designates a main e-mail address in the member account. Binding communications – in particular the reminder under Clause 13.3, communications under Clause 20.2 and declarations of termination – are sent by us exclusively to this address; they are deemed received upon arrival there. Further addresses stored in the account serve solely to receive booking confirmations and other notifications. If we are permanently unable to reach the member at the stored contact details, we are in particular unable to send the reminder under Clause 13.3; expiry under Clause 13.1 nevertheless occurs in that case.

5. Right of withdrawal / cancellation

5.1 Consumers have a right of cancellation (Austria) or withdrawal (Germany) where the participation contract is concluded by distance selling or off business premises. We grant this right to all members, irrespective of whether it exists as a matter of mandatory law in the individual case.

Cancellation / withdrawal instructions

Right of cancellation / withdrawal. You have the right to cancel or withdraw from this contract within fourteen days without giving any reason. The period is fourteen days from the day the contract is concluded.

To exercise your right, you must inform us – Mayer family hotels GmbH, Lussparkweg 2, 6631 Lermoos, Austria, e-mail one@familux.com, telephone +43 5673 24245000 – of your decision by means of a clear declaration (e.g. a letter sent by post or an e-mail). You may use the attached model form, although this is not mandatory.

To meet the deadline it is sufficient that you send the declaration before the period expires.

Consequences. Upon effective cancellation or withdrawal, your participation in the Programme ends. ONE-Credits credited up to that point expire without compensation. No payments are to be refunded, since participation is free of charge. Your hotel bookings are not affected by this; they are governed exclusively by the terms of the respective resort and the respective booking confirmation.

Model form
To Mayer family hotels GmbH, Lussparkweg 2, 6631 Lermoos, Austria, one@familux.com:
I hereby cancel / withdraw from the contract for my participation in the Familux ONE loyalty programme.
Name: ______ Address: ______ E-mail: ______ Date of registration: ______ Date: ______ Signature (only for notification on paper): ______

5.2 The right of cancellation or withdrawal exists in addition to the right of termination at any time under Clause 15.1 and does not restrict it.

6. Accompanying family members

6.1 Accompanying family members are the persons who were guests together with the member at a participating business. They follow from the stay data of the respective business; separate registration by the member is not required. The member account shows the accompanying guests of the last twelve months.

6.2 Children and young people under the age of 18 cannot hold their own member account. They can only be taken into account as accompanying family members. No separate classification, credit or status level arises for them.

6.3 Attribution for joint stays. Eligible spend from stays in which accompanying family members take part is attributed to the member account of the person making the booking. ONE-Credits arise exclusively on this member account. If the invoice is addressed to a person other than the person making the booking, the ONE-Credits are credited to the member account whose membership number was provided by the time of departure. If several membership numbers are provided, the person making the booking decides; they can determine the allocation vis-à-vis the resort up to departure. The same spend is not split across several member accounts. Clause 8.5 governs the details.

6.4 No transfer between member accounts. A transfer of ONE-Credits to another member account or to third parties is excluded (Clause 11.5). ONE-Credits arise and remain on the member account of the person making the booking.

7. Legal nature of the ONE-Credits

7.1 ONE-Credits are a voluntary, free loyalty reward from the Operator. They are not purchased; no separate consideration is paid for granting them and no surcharge is levied on the room price.

7.2 ONE-Credits are not a monetary claim, not a statutory or contractual means of payment, not electronic money within the meaning of the E-Money Act 2010 or the Payment Services Supervision Act, and not a voucher in the sense of a prepaid balance. They do not give rise to any claim to payment of a sum of money.

7.3 ONE-Credits can be used exclusively for the rewards described in Annex 3 and exclusively at the participating businesses. Redemption with third parties is excluded.

7.4 For eligible spend, the member acquires a claim to the crediting of ONE-Credits in accordance with these Participation Terms and Annex 1. For duly credited ONE-Credits, the member acquires a claim to redemption in accordance with Annex 3 and within the scope of the capacities available in each case.

7.5 Distinction from balances from other programmes. These Participation Terms apply exclusively to ONE-Credits within the meaning of Clause 2. They do not apply to balances that the member receives from a participation, a capital investment or another contractual relationship for consideration with the Operator or a participating business – in particular not to balances from the “Familux Invest” programme. Those are governed exclusively by their own respective terms; in particular, Clauses 7.1, 7.2 and 13.1 do not apply to them. Where such balances are shown in the member account, they are shown there separately from the ONE-Credits. Where the applicable terms provide that such balances can be converted into a transferable value voucher, this is governed exclusively by those terms; Clause 11.5 does not preclude this.

8. Earning ONE-Credits

8.1 Eligible spend. ONE-Credits are credited for eligible spend. Eligible are the spend items exhaustively listed in Annex 1 that the member incurs and has actually paid for at a participating business or in the Familux Shop, for themselves and the accompanying family members within the meaning of Clause 6. In addition, ONE-Credits are credited for the occasions without spend named in Annex 1 A1.6. The total amount shown on the invoice of the participating business is decisive; no split by individual invoice items takes place.

8.2 Conversion. The conversion key between eligible spend and ONE-Credits, and the redemption value of the ONE-Credits, follow from Annex 1. Both form part of these Participation Terms and cannot be changed unilaterally to the member’s detriment (Clause 20.3).

8.3 Not eligible are:

• stays booked via online travel portals, travel agencies, tour operators, booking platforms or other intermediaries;
• stays at special, employee, industry, group, trade-fair or contingent rates, as well as stays within the scope of cooperations, unless expressly stated otherwise;
• the portion of a stay paid with ONE-Credits, vouchers, discount promotions or other rewards;
• the purchase of vouchers (ONE-Credits arise only upon their redemption by the guest, provided the other requirements are met);
• cancellation, no-show, processing and reminder fees as well as damages payments;
• spend not paid in full by departure, until the time of full payment.

Otherwise the total amount of the invoice remains eligible. In particular, we do not exclude local, spa and overnight taxes or additional services billed via the participating business from the crediting.

8.4 Time of crediting. ONE-Credits are credited to the member account after departure and after full payment of the invoice, generally within ten working days. Decisive for the start of the expiry period under Clause 13.1 is the day of crediting.

8.5 Attribution. ONE-Credits are credited to one single member account only. Decisive is the member account of the person making the booking; if the person making the booking and the invoice recipient differ, Clause 6.3 applies. Collecting ONE-Credits for third parties who are not accompanying family members within the meaning of Clause 6 is not permitted. Crediting requires that the membership number was provided by departure at the latest; subsequent recording is possible under Clause 9.2.

8.6 Bonus Credits. We may grant additional ONE-Credits as part of promotions (Bonus Credits). For each promotion we announce, before it begins, which Bonus Credits are granted, which conditions apply and – if diverging from Clause 13.1 – by when the Bonus Credits can be redeemed. A shorter validity period diverging from Clause 13.1 applies only if it was expressly and clearly announced when granted; it is at least twelve months. In the absence of such an announcement, Clause 13.1 applies.

9. ONE-Credit balance, discrepancies, subsequent recording

9.1 The member can view the current balance of their ONE-Credits and the underlying transactions at any time in the Portal. We inform the member of the expiry date of each individual sub-balance on request in text form.

9.2 If ONE-Credits were not credited, or not credited in full, for eligible spend, we make the crediting subsequently on request – regardless of how long ago the stay was. No cut-off period applies. It is quickest if you contact us within three months of departure at one@familux.com and enclose the invoice, because the documents are then still immediately available to us. If you contact us later, we check just the same – the check may then take longer.

9.3 We are entitled to correct evidently incorrect credits, in particular where they are based on a technical error, an input error or a double recording. We inform the member of this, stating the reason. Clause 12.3 applies accordingly.

10. Status level

10.1 The Programme provides for the status levels described in Annex 2. The status level is determined automatically on the basis of the objective thresholds set out in Annex 2. Decisive are the member’s eligible spend and the number of stays in the observation period stated there. A status level can additionally be reached via a participation in the “Familux Invest” programme (Clause 10.7); in that case the amount of the participation under the terms agreed for the participation is decisive. No assessment of the member’s person or conduct takes place. Annex 2 sets out exhaustively the ways in which a status level can be reached.

10.2 The benefits associated with a status level follow from Annex 2. They are personal and cannot be transferred.

10.3 Validity period and downgrade. A status level reached via eligible spend applies for the period stated in Annex 2. A status level obtained via a participation in the “Familux Invest” programme applies for the duration of the participation. A downgrade takes place at the earliest after expiry of the respective period and only after we have pointed this out to the member at least eight weeks in advance by e-mail and in the Portal. If, at that time, the member meets the requirements of a status level via another route, they remain in the higher of the levels reached.

10.4 Redeeming ONE-Credits does not affect the status level.

10.5 The member can at any time request that the automated determination of their status level be reviewed by an employee of the Operator, present their own point of view and contest the decision. A message to one@familux.com is sufficient.

10.6 Relationship to the ONE-Credits. Status Points and ONE-Credits are two different values and exist side by side in the member account. Status Points cannot be redeemed, transferred or paid out; they alone determine the status level. Conversely, the status level does not change as a result of ONE-Credits being credited, redeemed or expiring.

10.7 Status level via a participation in Familux Invest. A status level can also be reached via a participation in the “Familux Invest” programme. Which tier is reached depends on the amount of the participation; the decisive thresholds follow from the terms of the respective participation and are communicated to the member there. The participation itself is governed exclusively by the terms agreed for it; these Participation Terms govern only the effect within the Familux ONE programme. The status level reached in this way applies for the duration of the participation. It confers the same benefits as the status level earned at the same tier; there is no higher-ranking level. If we discontinue the Programme under Clause 16.1 or terminate the participation under Clause 15.2 while a participation exists, the status benefits cease; any claims of the member arising from the participation relationship remain unaffected and are governed by the terms agreed for it.

11. Redeeming ONE-Credits

11.1 ONE-Credits can be redeemed for the rewards described in Annex 3. Annex 3 states, for each reward, the required use of ONE-Credits and any minimum use.

11.2 Redemption takes place via the Portal, in the App – where available there – or directly at the participating business. Redemption must be declared at check-out. Redemption before or during the stay is not possible. After the invoice has been issued, subsequent redemption or a reversal of ONE-Credits already used is excluded; Clause 9.2 and Clause 12 remain unaffected.

11.3 Redemption requires that the desired reward is available in the desired period. We endeavour to ensure reasonable availability. A reward may in particular be unavailable if the resort is fully booked, the relevant room category or treatment is occupied in the desired period, or Annex 3 provides a contingent, a minimum stay or excluded periods for that reward. Excluded periods and contingents are to be stated in Annex 3; they are not introduced at short notice. If a reward is unavailable, the ONE-Credits remain unused on the member account; their expiry date is not extended thereby.

11.4 No cash payout. ONE-Credits are not paid out in cash, not exchanged for money and not subject to interest. No compensation is provided for expired or unredeemed ONE-Credits. There is no refund of unused ONE-Credits where a reward has a lower value, unless Annex 3 provides otherwise. Example: if you use 500 ONE-Credits for a reward whose value at redemption is 420 ONE-Credits, the full 500 ONE-Credits are consumed; the difference is neither credited nor paid out. Where Annex 3 provides for staged redemption, only the amount actually required is consumed.

11.5 No transferability, no trading. ONE-Credits are personal and cannot be transferred to third parties. The sale, purchase, exchange, auctioning or other transfer for consideration of ONE-Credits, status levels or rewards, as well as the brokering of such transactions, is prohibited. ONE-Credits and rewards passed on contrary to this provision are invalid. Not covered are balances from a participation in the “Familux Invest” programme; Clause 7.5 applies to them.

11.6 Combination. ONE-Credits can be combined with other discounts, promotions or vouchers only where this is expressly provided for in the respective promotion or in Annex 3.

11.7 Order. On each redemption, the ONE-Credits whose expiry date is closest are always consumed first.

11.8 Inheritability. In the event of a member’s death, the ONE-Credits present on their member account can be redeemed within twelve months of the date of death by the accompanying family members within the meaning of Clause 6 or – upon presentation of suitable proof – by the heirs. Clause 13.1 remains unaffected.

12. Cancellation, reversal and correction

12.1 If a booking is cancelled, not taken up, or the underlying spend is reversed, refunded or reduced in whole or in part, the ONE-Credits credited for it are debited again to the corresponding extent. Every debit is shown with date, amount and reason in the transaction history in the Portal.

12.2 If the affected ONE-Credits have already been redeemed, a debit is only possible to the extent that a sufficient balance is available. Otherwise we offset the difference exclusively against future credits on the member account.

12.3 No payment obligation. A reversal under this Clause never gives rise to a payment obligation for the member under any circumstances. A negative balance of ONE-Credits does not give rise to any claim of the Operator against the member and is void upon termination of participation. Any settlement is made exclusively by offsetting against future credits.

12.4 If a reward has already been used and the underlying spend subsequently ceases, the reward used remains unaffected; Clause 12.2 applies accordingly.

12.5 ONE-Credits debited and re-credited. If ONE-Credits are debited under this Clause and later credited again – for example because a cancellation is reversed or a correction proves to be incorrect – they retain their original expiry date under Clause 13.1. No new expiry date arises thereby.

13. Validity and expiry of the ONE-Credits

13.1 Expiry period. ONE-Credits expire at the end of the day three years after the day they are credited (example: ONE-Credits credited on 15 August 2026 expire at the end of 15 August 2029). Each sub-balance of ONE-Credits has its own expiry date. For Bonus Credits, Clause 8.6 applies in addition.

13.3 Reminder. We remind the member before expiry twice in text form to the main e-mail address under Clause 4.5 and by a notice in the Portal: first three months and again four weeks before the expiry date. The reminder states the number of affected ONE-Credits and the expiry date. If the member uses the App and has allowed notifications, they additionally receive the reminder there; the App notification does not replace the reminder in text form.

13.4 No revival. Expired ONE-Credits cannot be restored. No replacement or compensation is provided.

13.5 No extension through activity. Further stays, credits or redemptions do not extend the expiry date of ONE-Credits already credited.

13.6 No subsequent shortening. The expiry period for ONE-Credits already credited cannot be shortened subsequently by the Operator – not even in the event of an amendment of these Participation Terms (Clause 20.3), a termination by the Operator (Clause 15.2) or a discontinuation of the Programme (Clause 16.1).

13.7 Balances carried over from the predecessor programme. Balances carried over into the member account from the Familux Resorts’ previous loyalty programme (“Familux Friends”) retain the expiry date that already applied to them before the carry-over. Balances for which no expiry date was set before the carry-over expire uniformly at the end of 30 June 2027. The carry-over has not shortened any existing expiry date. The reminder under Clause 13.3 also applies to these balances.

14. Duties of care, misuse and suspension

14.1 The member keeps their access data safe and does not pass it on to third parties. If there is a suspicion that third parties have gained knowledge of the access data, the member changes their password and informs us.

14.2 We can temporarily suspend the member account for redemptions if there is a concrete suspicion of misuse, in particular on the basis of unusual earning or redemption activity or indications of unauthorised access by third parties. We inform the member without delay of the suspension and its reason and lift it as soon as the suspicion has been dispelled.

14.3 We can terminate the participation and let ONE-Credits expire if the member has intentionally obtained or attempted to obtain ONE-Credits, status benefits or rewards in an unlawful manner, in particular through incorrect information, the pretence of spend, the abusive creation of several member accounts or the manipulation of the Portal or the App. The same applies to a breach of the trading prohibition under Clause 11.5. Scope and procedure are governed by Clause 14.4; in particular, the forfeiture covers only the ONE-Credits obtained abusively.

14.4 Proportionality and hearing. Before a measure under Clause 14.3, we inform the member of the reasons in text form and give them the opportunity to comment within four weeks. The termination becomes effective only after this period expires. In case of imminent danger, we may already suspend the member account beforehand under Clause 14.2 and provide the hearing without delay afterwards; the termination itself takes effect, in this case too, only after the hearing. The forfeiture covers exclusively those ONE-Credits that the member obtained in the objected manner. ONE-Credits duly earned remain unaffected; Clause 15.2 sentence 2 applies to them accordingly, i.e. they remain redeemable for twelve months from the effective date of termination.

14.5 The cancellation of a booking, the exercise of warranty, cancellation or withdrawal rights, and other lawful conduct of the member do not give rise to any measure under this Clause.

15. Termination of participation

15.1 Termination by the member. The member can end the participation at any time without giving reasons and without observing a notice period – by notification in text form to one@familux.com. The termination takes effect immediately. ONE-Credits not yet redeemed expire without compensation at that time; we point this out to the member before confirmation. We confirm the termination in text form.

15.2 Ordinary termination by the Operator. We can terminate the participation in text form with three months’ notice to the end of the month. ONE-Credits already credited remain redeemable in this case for twelve months from the effective date of the termination; the period under Clause 13.1 is not shortened thereby.

15.3 Extraordinary termination. The right of both contracting parties to terminate for good cause remains unaffected. For termination on grounds of misuse, Clauses 14.3 to 14.5 apply.

15.4 Dormancy in case of inactivity. If a member has for 36 months neither had a stay at a participating business nor logged in to the Portal or the App, we point this out to them in text form and ask whether they wish to continue participating. If we receive no reply within three months and no login takes place during this time, we can end the participation. Clause 15.2 sentence 2 applies accordingly: ONE-Credits already credited remain redeemable for twelve months from the effective date of termination, and the member account remains accessible for this period. Before the 36 months have elapsed, we do not restrict access to the Portal and the App on grounds of inactivity.

16. Discontinuation and amendment of the Programme

16.1 Discontinuation. We can discontinue the Programme with six months’ notice. The discontinuation is announced in the Portal and by e-mail. ONE-Credits already credited remain redeemable for at least twelve months after the day of discontinuation – calculated from the day the Programme actually ends, not from the announcement; the period under Clause 13.1 is not shortened thereby. We ensure a reasonable redemption option for this period. If no participating business remains available for this, we state in the announcement by which route the ONE-Credits can be redeemed instead.

16.2 Amendment of the reward range. We can continuously adjust the reward range under Annex 3 in order to keep it current and attractive. If a reward for which the member has already bindingly redeemed ONE-Credits ceases to exist, we provide an equivalent replacement reward or re-credit the ONE-Credits used, with their original expiry date; the member has the choice.

16.3 The conversion key under Annex 1, the redemption value of the ONE-Credits and the expiry period under Clause 13.1 are not covered by Clause 16.2; Clause 20.3 applies to them.

17. Liability

17.1 We are liable without limitation for damages arising from injury to life, body or health and for damages based on intent or gross negligence.

17.2 In the case of a slightly negligent breach of a material contractual duty – i.e. a duty whose fulfilment makes the proper performance of the participation contract possible in the first place and on whose observance the member may regularly rely – our liability is limited to the foreseeable damage typical for the contract.

17.3 Otherwise our liability for slight negligence is excluded.

17.4 The foregoing limitations do not apply to liability under the Product Liability Act and not where we have assumed a guarantee. Mandatory statutory liability provisions remain unaffected.

17.5 For the provision of the accommodation and other services at the participating businesses, the respective participating business is liable under the provisions applicable to the accommodation contract.

17.6 We endeavour to keep the Portal and the App available as uninterruptedly as possible, but do not owe uninterrupted availability. Where possible, we announce maintenance work in advance. The member’s statutory claims remain unaffected.

17.7 Services of cooperation partners. Benefits that third parties grant to members – such as discounts from cooperation partners – are provided exclusively by the respective partner; their terms apply. A contractual relationship in this respect is concluded solely between the member and the partner. We are not liable for the provision of these services; ONE-Credits are neither earned nor used in this context. The range of cooperation partners may change at any time.

18. Taxes

Participation in the Programme is reserved for private purposes under Clause 4.1. ONE-Credits, status benefits and the rewards received for them may nevertheless be relevant for tax purposes for the member, in particular where a stay was, contrary to Clause 4.1, occasioned professionally or commercially and the reward is used privately. The member is solely responsible for the correct tax recording and declaration. We do not assume any of the member’s taxes and provide no tax advice; we recommend clarifying the question with your own tax adviser where appropriate.

19. Data protection

Which personal data we process within the scope of the Programme, for which purposes, on which legal basis and for how long, follows from the Familux ONE Privacy Policy, available at https://www.familux.com/one-datenschutz.html.

20. Amendments to these Participation Terms

20.1 Grounds for amendment. We can amend these Participation Terms to the extent necessary

• due to a change in the legal situation or in supreme-court case law;
• due to a decision or requirement of an authority or a court;
• due to a change in the technical framework of the Portal or App, provided the change does not shift the content of the services to the member’s disadvantage;
• to remedy a regulatory gap that arose subsequently and was not foreseeable at the conclusion of the contract, the continuation of which would considerably impede performance of the contract;
• to add further participating businesses or additional services that are exclusively advantageous for the member;
• to correct obvious spelling or arithmetical errors.

Amendments other than those stated above cannot be made by us unilaterally.

20.2 Procedure. We notify the member of intended amendments in text form at least eight weeks before their intended entry into force. The notification contains the full wording of the amended provisions, a comparison of the old and new versions, the ground for amendment under Clause 20.1, the time of entry into force and at the start of the period an express and clearly highlighted notice that the absence of an objection by the expiry of the period is deemed consent. If the member objects in due time in text form, the participation ends upon the entry into force of the amendment; Clause 15.2 sentence 2 applies accordingly. The member can instead also end the participation at any time under Clause 15.1.

20.3 Non-amendable elements. The conversion key under Annex 1, the redemption value of the ONE-Credits and the expiry period under Clause 13.1 cannot be changed in this way. A change to these points requires the member’s express consent and in no case has retroactive effect on ONE-Credits already credited. If a member does not consent to such a change, they can continue the participation on the previous terms, to the extent this is reasonable for us; otherwise Clause 15.2 applies with the proviso that ONE-Credits already credited remain redeemable until the expiry of their regular expiry period under Clause 13.1.

21. Final provisions

21.1 Applicable law. This contract is governed by Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods and the referral rules of private international law. If the member, as a consumer, has their habitual residence in another state, those provisions of the law of that state additionally remain applicable from which, under the law of that state, no derogation is permitted by agreement (Art. 6(2) of Regulation (EC) No 593/2008 – Rome I). For members with habitual residence in Germany, the mandatory provisions of German consumer protection law in particular remain unaffected.

21.2 Place of jurisdiction. The member can sue us at our registered office or at their own place of residence. We can sue the member, provided they are a consumer, only at their place of residence, habitual residence or place of employment. The statutory consumer places of jurisdiction, in particular under Art. 17 to 19 of Regulation (EU) No 1215/2012 and under Section 14 of the Austrian Consumer Protection Act (KSchG), remain unaffected. For members who are not consumers within the meaning of Section 1 KSchG, the court having subject-matter jurisdiction for 6631 Lermoos is agreed as the exclusive place of jurisdiction.

21.3 Complaints and dispute resolution. Please address complaints to one@familux.com; we endeavour to reply within 14 days. We are neither willing nor obliged to participate in a dispute-resolution procedure before a consumer arbitration board.

21.4 Language. The contract and communication language is German. If we provide a translation of these Participation Terms, it serves solely to aid understanding; in the event of discrepancies, the German version prevails, unless mandatory consumer protection provisions preclude this.

21.5 Severability clause. Should a provision of these Participation Terms be or become wholly or partly invalid, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by the statutory provisions.

21.6 Version. These Participation Terms bear the version number and the date on the cover. The current version is available in the Portal; we provide earlier versions on request.

Annex 1 – Eligible spend and conversion

A1.1 Eligible spend. Eligible – subject to the exclusions under Clause 8.3 – is the following spend incurred and paid at a participating business or in the Familux Shop:

• accommodation including the services contained in the room price (lodging, catering according to the booked arrangement)
• spa and beauty services of the resort
• food and drink outside the booked arrangement
• chargeable activities and courses provided by the resort itself

A1.2 Conversion. For each EUR 1.00 of eligible spend, 0.02 ONE-Credits are credited, which corresponds to two per cent of the eligible spend. Members of higher status levels additionally receive the supplementary credit shown in Annex 2. The resulting amount is rounded down to whole ONE-Credits; if this does not result in a full ONE-Credit, no crediting takes place.

A1.3 Redemption value. One ONE-Credit corresponds, upon redemption, to a value of EUR 1.00.

A1.4 Status-related supplementary credits. Members of the status levels under Annex 2 receive the additional ONE-Credits stated there for each EUR 1.00 of eligible spend. The supplementary credit depends solely on the status level reached and is independent of which of the routes named in Annex 2 it was reached by.

A1.6 Credits without spend. Independently of any spend, ONE-Credits are credited in the following cases:

• for answering our guest questionnaire after a stay. The crediting takes place regardless of how the rating turns out. No ONE-Credits are granted for ratings on review portals or in social networks.
• on the birthday of the member and of each accompanying family member of the last stay.

We announce the respective amount before granting it in the Portal (Clause 8.6). A reduction takes effect only for the future and leaves ONE-Credits already credited unaffected. For these ONE-Credits, Clauses 11 to 13 apply unchanged, in particular the expiry period under Clause 13.1.

A1.5 Currency. Spend in a currency other than the euro is converted at the exchange rate of the billing day. Decisive is the reference rate of the European Central Bank of the billing day; if no reference rate is published for that day, the last one published before it applies.

Annex 2 – Status levels

A2.0 Further benefits. The further benefits associated with a status level (beyond the supplementary credit) are shown to the member in their ONE account in the respective current form and are available there; the version shown there is decisive. Changes to the benefits are governed by Clause 20.

A2.1 Routes to a status level. A status level can be reached by the following routes; there are no others:

• through eligible spend or the number of stays in accordance with the respective current requirements (A2.2a);
• through a participation in the “Familux Invest” programme (Clause 10.7); decisive is the amount of the participation under the terms agreed for the participation.

A2.2 Levels and supplementary credit.

A2.2a Requirements for the status levels. The requirements currently applicable for reaching and retaining the individual status levels – the observation period, the required eligible spend or the required number of stays, and the route via a participation in the “Familux Invest” programme (Clause 10.7) – are shown to the member in their ONE account and communicated on request free of charge in text form. Changes are governed by Clause 20. Levels reached via the Invest route apply for the duration of the participation (Clause 10.7).

A2.3 Coincidence of both routes. If a member meets the requirements on both routes, the higher of the levels reached applies. No addition of the two routes takes place.

A2.4 Downgrade. A downgrade takes place only after expiry of the respective validity period and after prior information with a period of eight weeks (Clause 10.3). If, at that time, the member meets the requirements of a level on the other route, they remain in the higher of the levels reached.

A2.5 Supplementary credit. The supplementary credit shown in the table applies regardless of the route by which the status level was reached (Annex 1, A1.4).

Annex 3 – Redemption options

A3.1 Redemption option. ONE-Credits can be applied exclusively against the invoice of a stay at a participating business. There are no further rewards.

A3.2 Time. Redemption must be declared at check-out, before the invoice is issued. Redemption before or during the stay is not possible. After the invoice has been issued, a reversal of ONE-Credits already used is excluded.

A3.3 Staged redemption. The member determines at check-out how many ONE-Credits they use. Only the ONE-Credits actually used are consumed; the remaining balance is retained with its respective expiry date.