General Terms and Conditions of Business of Kitzbühel Tourismus for bookings by distant selling (December 2015)
This website is aimed exclusively at consumers within the meaning of § 1 (1) No. 2 of the Austrian Consumer Protection Act (KSchG) who have reached the age of 18 and have full legal capacity. A consumer is a natural person who concludes a legal transaction for a purpose that cannot be assigned to either his commercial or his self-employed professional activity.
These General Terms and Conditions of Business (GTCB) apply to customer bookings of leisure services by means of distant selling within the meaning of the Fern- und Auswärtsgeschäfte-Gesetz (Austrian Distance Selling Act).
The Kitzbühel Tourismus tourist board gives accommodation providers and companies providing private rooms the option of offering their free rooms to guests for booking, and also gives guests the option of booking these rooms. As a result of the booking, the guest’s booking creates a direct legal relationship between the guest and the accommodation provider/landlord. Kitzbühel Tourismus acts purely as an intermediary and all legal declarations made by Kitzbühel Tourismus shall be in the name of and for the account of the respective accommodation provider/landlord and moneys – insofar as payment of fees (in part) shall be made via Kitzbühel Tourismus – shall be collected in the name of and for the account of the accommodation provider/landlord. Upon conclusion of the booking process, the guest shall enter into a direct legal relationship with the respective accommodation provider/landlord and any service interruptions as part of the concluded accommodation/rental contract shall be settled directly between the accommodation provider/landlord and the guest.
The operator of this website is
The public body Kitzbühel Tourismus Hinterstadt 18 6370 Kitzbühel Austria Tel.: +43 5356 66660 Fax: +43 5356 66660-77 e-mail: firstname.lastname@example.org Website: www.kitzbuehel.com
VAT ID No.: ATU 31773202, supervisory authority: Office of the Tirolean Regional Government, chamber membership: Economic Chamber of Tirol; Tourism and Leisure Industry Section, Tourism Office Group, tourism sector registration no. 704-10710
3) Conclusion of contract
A contract between the customer and the respective service provider is formed with the conclusion of the booking process. The customer receives a booking confirmation via e-mail, which again contains the essential characteristics of the purchased leisure service(s).
Upon completion of the booking process, the customer therefore enters into a direct legal relationship with the respective service provider, and any service interruptions in the context of the concluded contract (e.g. accommodation contract) are to be handled directly between the service provider and the customer.
4) Right of revocation/cancellation
In the case an accommodation contract there is no statutory right of revocation in accordance with § 4 (1) No. 11 in conjunction with § 18 (1) No. 10 FAGG (Austrian Distance Selling Act).
The cancellation conditions of the respective accommodation provider (service provider) shall apply within the scope of the concluded accommodation contract. If the accommodation provider does not apply their own cancellation conditions to the concluded accommodation contract, the General Terms and Conditions of Business for the Hotel Industry (GTCBHI 2006) as amended on 15.11.2006 shall apply; they may be viewed at https://www.wko.at/Content.Node/branchen/oe/Hotellerie/Allgemeine_Geschaeftsbedingungen_fuer_die_Hotellerie_(AGBH).html.
5) Guarantee and liability
Kitzbühel Tourismus guarantees its services in accordance with the statutory provisions. Kitzbühel Tourismus shall only be liable for intentional action and gross negligence, with the exception of personal injury and a breach of essential contractual obligations. If Kitzbühel Tourismus breaches an essential contractual obligation only on the basis of minor negligence, liability shall be limited to the foreseeable, typical loss or damage.
The customer may offset against due monetary claims of Kitzbühel Tourismus if Kitzbühel Tourismus is insolvent, the customer’s claims are legally associated with those of Kitzbühel Tourismus or have become res judicata or are acknowledged by Kitzbühel Tourismus.
7) Data protection/Telecommunications Act
The customer agrees that personal data collected in the context of the processing of mediated contracts may be stored and processed automatically by Kitzbühel Tourismus in fulfilment of this contract, and in particular transferred to the respective service provider.
The customer is willing to receive communications as defined by § 107 Telekommunikationsgesetz (Telecommunications Act) (TKG 2003) from Kitzbühel Tourismus or from companies engaged by Kitzbühel Tourismus. This approval may be revoked by the customer at any time.