Terms and conditions

General terms and conditions of business for the distance selling of vouchers for Jochberg Kitzbüheler Straße Hotelbetriebs GmbH (the "Hotel")

1. Scope
This website is addressed exclusively to consumers within the meaning of section 1(1) clause 2 of the Konsumentenschutzgesetz (KSchG - Austrian Consumer Protection Act) who have reached the age of 18 and who have full legal capacity. A consumer is a natural person who enters into a legal transaction for a purpose that cannot be attributed to either their commercial or their independent professional activity.

2. Online shop operator
The operator of this online shop is

Jochberg Kitzbüheler Straße Hotelbetriebs GmbH
Kitzbüheler Straße 48
6373 Jochberg
AUSTRIA
(referred to in the following as the "hotel" for short)

Company registration number: 327690 y
Court of registration: Regional court of Innsbruck
Legal form: Limited liability company

Object of the company: Operation of the 5* superior Kempinski hotel "Das Tirol, Jochberg - Kitzbühel Alps"
Competent supervisory authority: District Administration Office of Kitzbühel
Applicable regulations relating to professional conduct: Trade regulations 1994 (www.ris.bka.gv.at)
Memberships: Austrian Chamber of Commerce and Industry, Tirol Chamber of Commerce and Industry
Value added tax identification number: ATU65036301

Telephone number: +43/5355/50100-9
Fax: +43/5655/50100-100
E-mail: marketing.tirol@kempinski.com

3. Formation of a contract
A contract comes into effect only upon due performance by the hotel and consequently upon dispatch of the voucher. The hotel informs the customer in advance, however, of the receipt of the order and the details of the contract to be entered into (order confirmation).

4. Right of cancellation
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Instructions on the right of cancellation for sales contracts

Right of cancellation

You have the right to cancel this contract within 14 days without stating the reasons for doing so. The cancellation period is 14 days from the date on which you or a third party designated by you who is not the carrier has taken possession of the voucher.
In order to exercise your right of cancellation, the hotel (Jochberg Kitzbüheler Straße Hotelbetriebs GmbH, Kitzbüheler Straße 48, 6373 Jochberg, Austria, tel. +43/5355/50100-9, fax: +43/5355/50100-100, e-mail: marketing.tirol@kempinski.com) must be informed by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to cancel this contract. You can fill out and send the attached sample cancellation form to do this; use of this form is not mandatory, however. If you make use of this option, the hotel will send you a confirmation of the receipt of such cancellation immediately (e.g. by e-mail).
To comply with the cancellation period, it is sufficient that you send the notification that you are exercising your right of cancellation before the cancellation period expires.
Consequences of cancellation

If you cancel this contract, the hotel has to pay back to you all payments that the hotel has received from you, including the delivery costs (with the exception of the additional costs that are incurred as a result of you having selected a different type of delivery than the low-priced standard delivery offered by the hotel), without delay and no later than within 14 days of the date on which the notification of your cancellation of this contract was received by the hotel. To make this repayment, the hotel will use the same means of payment that you used for the original transaction, unless otherwise expressly agreed with you; in no event will the hotel charge you fees on account of this repayment.
The hotel can refuse to make the repayment until it has received the voucher or until you have furnished proof that you have sent back the voucher, depending on which occurs first.
You have to send back or hand over the voucher to the hotel without delay and in any event no later than within 14 days of the date on which you inform the hotel that you are cancelling this contract. The time limit is adhered to if you send the voucher before the period of 14 days expires.

You will have to bear the costs of sending back the voucher.

5. Prices and terms and conditions of payment

5.1. The vouchers that have been purchased or ordered cannot be redeemed for cash. Should the services consumed turn out to be worth less than the value of the voucher, you will receive another voucher from the hotel for the difference.
5.2. All prices indicated are exclusive of value added tax, as the voucher itself represents a 100% credit. The invoice with statement of the tax can be issued only at the time the service is actually performed, i.e. when the voucher is redeemed (UstG - Value Added Tax Act).
5.3. The voucher is valid only when the due amount has been paid in full.
5.4. All vouchers are valid for three years from the date of issue and must be redeemed within this period.
5.5. Invoices fall due for payment immediately.

6. Transfer of risk

The risk of accidental loss and of accidental deterioration is transferred to the customer as soon as the voucher has been delivered to the customer or a third party designated by the customer.

7. Warranty and liability

The warranty is provided in accordance with the statutory provisions.
With the exception of cases of personal injury and breaches of material contractual obligations, the hotel is liable only in the event of wilful intent and gross negligence. In the event of breach of a material contractual obligation by the hotel as a result of only ordinary negligence, the liability of the hotel is limited to the foreseeable damages that are typically incurred.

8. Data protection

8.1. The customer agrees that their personal data may be collected, processed and used for the purposes of executing the contract and for marketing purposes. Your data will be processed automatically by the hotel. You will receive advertising information in this connection exclusively from the hotel or a service provider commissioned by the hotel. This data is not disclosed to third parties.
8.2. Your security is given the highest priority! For that reason, data such as credit card numbers, bank sort codes, account numbers, names and addresses is transferred using a secure SSL line when payment is made by credit card. No unauthorised party can thus read the data you have entered online while it is being transmitted. The hotel applies a number of additional security measures to provide additional security in the voucher shop.
8.3. The rights of the customer pursuant to the Datenschutzgesetz (DSG 2000 - Austrian Data Protection Act) remain unaffected.