Name: Kitzbühel Tourism
Address: 18 Hinterstadt, Austria, Kitzbühel, 6370
Telephone: +43 5356 66660
Price range: [€€]

Kitzbühel Tourism’s General Terms and Conditions for Bookings Made by Distance Selling (December 2015)

These terms of service are an automated translation of the terms of service in German.

1) Scope of Application
This website is intended exclusively for consumers within the meaning of Section 1(1)(2) of the Austrian Consumer Protection Act (KSchG) who are at least 18 years of age and have full legal capacity. A consumer is a natural person who enters into a legal transaction for a purpose that cannot be attributed to their commercial or self-employed professional activity.
These General Terms and Conditions (GTC) apply to bookings of leisure services by customers via distance selling within the meaning of the Distance and Off-Premises Sales Act (FAGG).
Kitzbühel Tourismus offers accommodation providers and private room landlords the opportunity to offer vacant rooms to guests for booking and, conversely, offers guests the opportunity to book these rooms. Upon the guest’s booking, a direct legal relationship is established between the guest on the one hand and the accommodation provider/landlord on the other. Kitzbühel Tourismus acts purely as an intermediary; all legal declarations made by Kitzbühel Tourismus are made in the name and on behalf of the respective accommodation provider/landlord, and funds – insofar as payment of the fee is made (in part) via Kitzbühel Tourismus – are collected in the name and on behalf of the accommodation provider/landlord. Upon completion of the booking process, the guest therefore enters into a direct legal relationship with the respective accommodation provider/landlord, and any breaches of service under the concluded accommodation contract/rental agreement must be settled directly between the accommodation provider/landlord and the guest.

3) Conclusion of Contract
A contract between the customer and the respective service provider is concluded upon completion of the booking process. The customer receives a booking confirmation via email, which once again sets out the key details of the leisure service(s) purchased.
Upon completion of the booking process, the customer therefore enters into a direct legal relationship with the respective service provider, and any disruptions to the service within the scope of the concluded contract (e.g. accommodation contract) must be dealt with directly between the service provider and the customer.

4) Right of withdrawal/cancellation
In the case of an accommodation contract, there is no statutory right of withdrawal pursuant to Section 4(1)(11) in conjunction with Section 18(1)(10) of the FAGG.
Within the framework of the concluded accommodation contract, the cancellation conditions of the respective accommodation provider (service provider) apply. Should the accommodation provider not apply its own cancellation conditions to the concluded accommodation contract, the General Terms and Conditions for the Hotel Industry (ABGH 2006) in the version dated 15 November 2006 shall apply; these can be viewed here.

5) Warranty and Liability
Kitzbühel Tourismus’s warranty is provided in accordance with statutory provisions. With the exception of personal injury and a breach of material contractual obligations, Kitzbühel Tourismus is liable only for wilful misconduct and gross negligence. In the event of a breach of a material contractual obligation by Kitzbühel Tourismus due to mere slight negligence, liability is limited to the foreseeable, typically occurring damage.

6) Set-off
The customer may set off due monetary claims against Kitzbühel Tourismus if Kitzbühel Tourismus is insolvent, the customer’s claims are legally related to those of Kitzbühel Tourismus, or have been legally established or acknowledged by Kitzbühel Tourismus.

7) Data Protection/Telecommunications Act
The customer consents to Kitzbühel Tourismus storing and processing, by automated means, the personal data collected in the course of the execution of the brokered contracts for the purposes of fulfilling this contract, and in particular to such data being transmitted to the respective service providers.

The customer consents to receiving messages within the meaning of Section 107 of the Telecommunications Act (TKG 2003) from Kitzbühel Tourismus or from companies commissioned by Kitzbühel Tourismus for this purpose. This consent may be revoked by the customer at any time. Further information can be found in our privacy policy.