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Legal notice

Hotel Zur Tenne Volkhardt KG
Vorderstadt 8 – 10
A-6370 Kitzbühel


Fon +43 53 56.6 44 44-0
Fax +43 53 56.6 44 44-888

E-Mail: info@hotelzurtenne.com

Chief Executive: Mrs Innegrit Volkhardt authorized representative body

Responsible for the content of the web-site: Monika Siwig, Christiane Rudyk

Member of the Chamber of Commerce (https://firmen.wko.at)

Registered office Kitzbühel
Commercial register at Innsbruck Landesgericht (county court) HRA 4316
Registration number: 167161a regional court Innsbruck

Legal Notice

Hotel Zur Tenne checks and updates the information on its websites on an ongoing basis. Despite all care taken, the data concerned may have changed in the meantime. Therefore, it is not possible to accept any liability for the correctness or completeness of the information provided, or for said information being up to date. This also applies for all other websites that can be accessed by means of a hyperlink. We are not responsible for the content of websites that can be accessed by means of such a connection. In the event that a hyperlink directs you to an unlawful page, we kindly ask you to inform us by sending an email to info@hotelzurtenne.com. We will remove the link as soon as we are made aware of the situation.

The content and design of our Web pages are protected by copyright. The pages or the content thereof may only be reproduced with the prior written permission of Hotel Zur Tenne insofar as the reproduction is not already permitted by law.

General Terms and Conditions


I.    Application

  1. These standard terms and conditions of business apply to contracts for the rental of hotel rooms, hotel conference, banqueting and function rooms as well as for all further services and deliveries by the hotel in connection herewith.
  2. The customer’s standard terms and conditions shall only apply when this has been expressly agreed in writing.


II.    Conclusion and content of the contract

  1. Offers from the hotel are always non-binding. The contract comes into being through the acceptance of the hotel. The hotel shall be free as to whether it confirms the booking in writing.
  2. The subletting of the hotel rooms, function rooms, areas or cupboards provided as well as the use of the rented premises and areas for job interviews, sales and similar functions is generally not permitted and requires the prior written consent of the hotel.
  3. The customer shall have no right to the availability of particular rooms. Unless otherwise agreed, the hotel rooms are to be occupied not earlier than 15:00 hrs on the day of arrival (check-in time). The customer shall have no right to an earlier availability time. On the agreed day of departure, the hotel rooms are to be vacated not later than 12:00 hrs (check-out time). Thereafter by reason of the delayed vacating of the room, the hotel may charge 50 % of the full accommodation price (list price) for such longer use up until 18:00 hrs, after 18:00 hrs 100 %. No contractual rights of the customer shall be created hereby. The customer shall be free to evidence that the hotel has incurred no or a significantly lower claim for compensation of use. 
  4. It is generally not permitted to bring food, drink, flowers or furnishings to functions. Exceptions require a written agreement with the catering department. In such cases, a corkage fee and/or other charges plus a service charge to cover the general costs shall be invoiced.
  5. The use of the hotel facilities is permitted only during the relevant opening hours. The current opening hours are displayed at the entrance of the relevant hotel facility. The hotel reserves the right to change the opening hours or to close facilities in whole or part, in particular due to renovation work or hotel functions or when their use is not possible or restricted for other reasons.


III.    Prices, payments

  1. The customer is obliged, to pay the hotel’s applicable or agreed prices for the accommodation and/or functions as well as for other services which are used. This also applies to services provided and expenses incurred by the hotel to third parties on the customer’s instructions. For services provided after 24:00 hrs, the hotel is entitled to impose a night surcharge for each hour or part of an hour which employees are held available.
  2. The agreed prices include the current statutory Value Added Tax, except where a different agreement has been reached. If the period between the conclusion and the fulfilment of the contract exceeds four months and the prices generally charged by the hotel for such services or the statutory Value Added Tax increase, then the hotel may raise the agreed prices by a reasonable amount, however, not more than 10 %.
  3. Invoices shall be issued in EURO (€). Where payments are made in foreign currency, any exchange rate differences and bank charges shall be borne by the payer. Advance payments in foreign currency shall be credited towards the total invoice on the value date. 
  4. Invoices issued by the hotel are to be paid without any deductions within 7 days of receipt of the invoice, but no later than 30 days after departure. In the event of payment default the hotel is entitled in accordance with section 1000 of the Austrian General Civil Code (Allgemeines bürgerliches Gesetzbuch - ABGB) to charge interest of 4 per cent p.a. In the case of transactions not involving a consumer, the hotel is entitled in accordance with section 456 of the Austrian Uniform Commerical Code (Unternehmensgesetzbuch - UGB) to charge interest of 9.2 percentage points above the base interest rate. The customer shall be free to evidence that lesser damage has been incurred, the hotel that greater damage has been incurred.
  5. The hotel is entitled at any time to demand a reasonable payment in advance. Except where the amount of the advance payment and the due dates for payment have been otherwise agreed in writing in the contract, the following advance payments are agreed:
    a)    for accommodation (room & breakfast) for groups of at least 10 room nights
    –    10 % deposit upon conclusion of the contract as guarantee, plus
    –    50 % deposit 90 calendar days before arrival date, plus
    –    30 % deposit 30 calendar days before arrival date,
    remainder within 10 calendar days after presentation of the invoice.
    b)    for functions (room rental, general charges, flat rate for beverages & catering revenue and conference charges) for Orders of at least € 2,500.00 in value
    –    10 % deposit upon conclusion of the contract as guarantee, plus
    –    50 % deposit 90 calendar days before the start of the function, plus
    –    30 % deposit 30 calendar days before the start of the function,
    remainder within 10 calendar days after presentation of the invoice.
  6. A lien in accordance with section 1101 ABGB is created with regard to all claims in connection with the above order for all items of any kind brought in by the customer. The hotel is also entitled to a right of retention in accordance with section 970c ABGB.
  7. Complaints concerning billing have to be communicated to the hotel immediately after arising.
  8. The hotel has to be notified about the requested billing mode (addressee) when signing contracts or immediately upon completion of services.


IV.    The hotel’s right to withdraw

  1. If an agreed advance payment is not made even after the expiry of a reasonable deadline set by the hotel, the hotel shall be entitled to withdraw from the contract.
  2. The hotel is likewise entitled to withdraw from the contract if the customer
    - is in financial difficulties,
    - has filed an insolvency application at the regional court (in Vienna: Commerical Court) or
    - preliminary insolvency proceedings have been ordered against the customer by the regional court (in Vienna: Commercial Court) or insolvency proceedings are opened or rejected due to a lack of assets.
  3. The hotel is also entitled to withdraw from the contract for objectively justified reasons, for example if
    - force majeure or other circumstances for which the hotel is not responsible make the fulfilment of the contract impossible,
    - accommodation or functions were booked under misleading or incorrect statements of material facts, e.g. the customer or the purpose of use,
    - the hotel has justified cause to assume that the accommodation and/or function may endanger the smooth business operations, the safety or the reputation of the hotel,
    - in public, without this being attributable to the management of organisation of the hotel or - there is a breach of the above clause II.2.
  4. The hotel must notify the customer without delay of the exercise of the right to withdraw.
  5. If the hotel is entitled to withdraw, then the customer shall not be entitled to damages. Any claims under clause IX. shall remain unaffected.


V.    Cancellation by the customer

  1. Cancellations must be made in writing.
  2. For accommodation, the following applies to a cancellation by the customer:
    2.1. In case of cancellation the customer is obliged to pay 80 % of the agreed room rate for each room and booked nights.
    2.2. For group bookings of at least 10 room nights
    a) up to 90 calendar days before arrival of the group, 80 % of the booked or remaining room nights may be reduced free of charge,
    b) up to 60 calendar days before arrival of the group, 70 % of the booked or remaining room nights may be reduced free of charge,
    c) up to 30 calendar days before arrival of the group, 40 % of the booked or remaining room nights may be reduced free of charge,
    d) up to 14 calendar days before arrival of the group, 20 % of the booked or remaining room nights may be reduced free of charge,
    e) up to 5 calendar days before arrival of the group, 5 % of the booked or remaining room nights may be reduced free of charge.
    2.3. In respect of individual bookings, the cancellation period stated on the written confirmation shall apply.
  3. For functions, the following shall apply to a cancellation by the customer:
    a) If the customer withdraws between the 60th and the 30th calendar day before the date of the event, then the hotel is entitled to invoice the agreed rental price, to the extent it is no longer possible to re-rent the rooms, however at least 10 % of the agreed rental price.
    b) If the customer withdraws between the 30th and the 14th calendar day before the date of the event, then the hotel is entitled to invoice the agreed rental price plus 50 % of the lost food revenue.
    c) If the customer withdraws between the 14th and the 7th calendar day before the date of the event, then the hotel is entitled to invoice the agreed rental price plus 75 % of the lost food revenue, upon later withdrawal also the full food revenue.
    d) The catering revenue shall be calculated using the formula: catering menu price x the number of persons. If no price had been agreed for the menu, the food price or the cheapest 3-course meal at the then current function prices shall form the basis. If no estimated room rental for the function was given, the current room rental prices for this period shall apply.
    e) If a flat conference fee has been agreed per participant, the hotel is entitled in the event of any withdrawal to charge 60 % of the agreed flat conference fee x (times) the agreed number of participants between the 60th and the 30th calendar day before the event date and 85 % of the agreed flat conference fee x (times) the agreed number of participants in the event of any later withdrawal.
  4. Any change of the contractual extent through later arrival or early departure shall also be deemed to be a cancellation for the purposes of the above provisions.
  5. The customer remains entitled to evidence a lower loss, the hotel a higher one.


VI.    Changes to the number of participants and function times

  1. The hotel requires the exact number of participants or the definite rooming and name list at least 10 working days prior to arrival.
  2. A guaranteed number of participants must be notified to the catering department at least 5 working days before the start of the function; this requires the written approval of the hotel. Without a corresponding written approval from the hotel, where the number of participants is lower the charges shall be based on the contractually agreed number of participants crediting any expenditure saved.
  3. In the event of a higher number, the actual number of participants will be charged.
  4. The hotel is entitled to make its approval of a reduction by more than 10 % of the number of participants, which is notified later than five working days before the start of the function, subject to the condition that the agreed prices are redetermined and/or the confirmed rooms are changed.
  5. If the agreed start and end time of the function are changed without the prior written approval of the hotel, the hotel may invoice additional costs for holding the services ready.
  6. The hotel may allocate different function rooms to the customer from those originally booked, when this is not unreasonable for the customer, in particular when urgent maintenance works have to be carried out or the originally booked rooms are otherwise required and the alternative rooms allocated are comparable to those originally booked in capacity and facilities, or are at least suitable in the same way for the function planned by the customer. The hotel shall notify the customer without delay of any change of the function rooms.


VII.    Technical facilities and connections

  1. To the extent the hotel obtains technical or other facilities as well as services from third parties at the request of the customer on its behalf, it acts in the name, with the authority and for the account of the customer. The customer shall be liable for handling such items with due care and for their proper return. The customer shall indemnify the hotel against all claims of third parties for the provision of these facilities.
  2. For installations of technical extras and equipment , the hotel may demand that these are inspected by the TÜV and that the customer furnishes the technical examination certificate to the hotel without delay and without being asked.
  3. The use of the customer’s own electrical equipment using the hotel’s electricity requires its written approval. The hotel is entitled to invoice a fixed usage fee for this. The customer shall be liable for disruptions or damage to the technical facilities of the hotel occurring through the use of his equipment, to the extent this does not fall within the hotel’s area of responsibility.
  4. The customer is entitled with the approval of the hotel to use its own telephone, telefax and data transfer facilities. The hotel is entitled to charge a connection fee for this.
  5. If suitable equipment from the hotel remains unused through the connection of the customer’s own equipment, the hotel is entitled to invoice a shortfall fee.


VIII.    Customer’s decoration materials and other items

  1. Decoration materials brought in by the customer must comply with the fire regulations. The hotel may demand the presentation of an official certificate.
  2. Because of the danger of possible damage, the hanging and fixing of items to the walls is prohibited. The hotel will provide appropriate stands or decorative screens for which there is a charge.
  3. All exhibition or other items brought by the customer must be removed without delay after the end of the stay and/or the function. If the customer fails to comply with this obligation, the hotel may carry out the removal and storage at the customer’s expense. If the items remain in the function room, the hotel may charge the room rental until they are removed. The customer remains entitled to evidence a lower, the hotel a higher loss. The necessary disposal of rubbish left behind shall again take place at the customer’s expense. The above provisions also apply to items which are rented from third parties or are brought into the hotel rooms.


IX.    Liability of the hotel

  1. Claims to compensation for damage, regardless of their legal basis, are precluded unless the hotel, its legal representative, its manager or any of its agents have acted with intent or gross negligence or the claim to compensation for damage is based on a breach of any material contractual obligation. Any liability in this context in any case of simple negligence is limited in amount to the damage typical and foreseeable under the contract. Liability for damage or injury to life, body or health are unaffected.
  2. If the customer is an overnight guest, the hotel is liable for items brought in in accordance with sections 970 et seqq. ABGB. Accordingly, liability for valuables, money and securities is limited to € 550.00 and for all other items brought in in accordance with section 1 of the Austrian Innkeepers’ Liability Act (Gastwirtehaftungsgesetz – GastwirteHG) to € 1.100.00, unless the hotel has taken over the items especially for storage in knowledge of their condition or the damage was caused by the hotel itself or its staff. This claim for compensation expires if the injured party does not immediately disclose the damage, unless the goods have been taken over for storage.


X.    Liability of the Customer

    The customer shall be liable for damage to buildings and/or furnishings which are caused by himself, his family members or guests, participants or visitors to functions, employees or other third parties from his sphere, under the statutory provisions. It shall be for the customer to obtain sufficient insurance for such types of liability. The hotel is entitled to demand evidence of a corresponding insurance.


XI.    Hotel garage

    The hotel is liable according to clause IX.1. for damage to the customer's vehicle parked in a parking space caused by it, its employees or agents. The customer is obliged to report such damage immediately, obvious damage in any case on receipt of the vehicle or before leaving the hotel garage. The hotel is not liable for damage caused solely by other customers/tenants or other third parties. The hotel is not liable in relation to the customer for damage caused by the customer's vehicle to the legal property of third parties. Liability for damages resulting from injury to life, body or health, as well as liability for intent and gross negligence on the part of the hotel or the hotel's legal representatives, executives or vicarious agents, just as liability for the violation of material contractual obligations shall remain unaffected. We would like to point out that valuable objects should not be left in vehicles.


XII.    Cloakroom

  1. In the cloakroom we accept only cloakroom items, bags and umbrellas. Items will be returned in exchange for the cloakroom token issued by us.
  2. Please note that money, valuables and other belongings should not be left in the cloakroom.
  3. Claims for damages for any legal reason whatsoever are excluded, unless we have acted with intent or are responsible for our own gross negligence or the intent or gross negligence of our statutory representatives or senior executives as well as our other agents, or where the claim for damages results from the breach of material contractual obligations. A liability hereunder is in all cases of simple negligence limited in amount to the typical foreseeable contractual loss. The liability for damages resulting from death, personal injury or damage to health shall remain unaffected.
  4. The customer must notify any damage without delay, obvious damage at the latest before leaving the hotel.


XIII.    Spa

  1. Each guest is himself/herself responsible for ensuring that he/she only uses the Spa’s fitness and other facilities if and to the extent that he/she is in a position to do so without restriction from a health and athletic standpoint. For treatments and the use of the facilities in the Spa, the hotel is liable solely for intent and gross negligence. The hotel is likewise only liable for intent or gross negligence on the part of its legal representatives and agents. Unless a milder liability standard applies (e.g. for care in one’s own matters), in the event of slight negligence, the hotel is liable according to applicable law only
    a)    for damage or injury to life, body or health,
    b)    for damage arising from a significant breach of an essential contractual duty (material contractual obligation, the fulfilment of which is a necessary condition for proper performance of the contract and on the fulfilment of which the other contracting party routinely relies and may rely); however, in such a case, the liability of the hotel is limited to compensation for the foreseeable and typically occurring damage. This does not affect the liability of the hotel for culpable breach of its safe passage duties.
  2. The hotel is not responsible for clothing, valuables or money brought in. This does not apply in cases of intentional or grossly negligent conduct on the part of the hotel or its legal representatives or agents. It likewise does not apply in the event of breaches of essential contractual duties; in such a case the liability of the hotel is limited to compensation for foreseeable and typically occurring damage. For hotel guests, the hotel is otherwise liable pursuant to applicable law (sections 970 et seqq. ABGB).
  3. While at the Spa, each guest/member must behave in such a manner as neither to endanger or injure another guest nor to disturb or interfere with another guest more than is unavoidable due to the circumstances. Anyone who breaks the rules of decency will be banned from the premises without lenience. The instructions of the trainers are to be followed. The right to assert additional claims for compensation for damage is reserved.
  4. Damage to the Spa’s facilities and exercise equipment will be remedied at the expense of the guest that has caused such damage.


XIV.    Final Provisions

  1. Amendments or additions to this contract, including to this written form requirement, must be made in writing.
  2. Place of fulfilment and payment is the registered offices of the hotel.
  3. Exclusive place of jurisdiction in commercial transactions, including for cheque and bills of exchange disputes, is the registered offices of the hotel. If the customer has no general place of jurisdiction in Germany, the place of jurisdiction shall again be the registered offices of the hotel.
  4. Austrian law shall apply.
  5. Should individual terms of these Standard terms of business be invalid or void, this shall not thereby affect the validity of the remaining terms. The same applies to gaps in the contract. Apart from this, the statutory provisions shall apply.


XV.    Supplementary Terms for the Purchasing of Vouchers

  1. In the event of a voucher being ordered, a contractual offer pursuant to clause II.1. of these Terms & Conditions as made by the customer is deemed to have been accepted at the time the customer receives the voucher from the hotel.
  2. On the basis of a voucher purchased from the hotel, the customer is entitled to demand that the hotel provide the service stated on the voucher. The service stated on the voucher will be provided in accordance with these Terms & Conditions. The hotel is only required to provide the service upon presentation of the voucher (a bearer voucher).
  3. The customer is entitled to pass on the voucher to third parties, in particular as a gift. At the request of the customer, the hotel will already state on the voucher form the name of a third party as the intended recipient of the voucher. The stipulation of a name does not affect the legal nature of the voucher as described in clause XII.2.
  4. If the customer is a consumer and, by purchasing a voucher, concludes a contract with the hotel by the sole means of remote communication media, the customer has a right of cancellation pursuant to section 11 of the Austrian Distance Selling and Off-Premises Contracts Act (Fernabsatz- und Auswärtsgeschäftsgesetz – FAGG). Remote communication media are communication media that can be used to negotiate or conclude a contract between a consumer and a trader without the need for both parties to be present at the same time. In particular, they include letters, catalogues, telephone calls, faxes and emails, as well as radio, telecommunications and media services. There is no right of cancellation if the voucher relates to the provision of services in the areas of lodging, conveyance, food and drink provision or leisure activities and the hotel has committed to providing the services at a particular point in time or within a precisely defined period of time. This applies in particular to vouchers with specific booking dates.


XVI.    Cancellation right

  1.  If the customer is a consumer, he/she has a general legal cancellation right when entering into a distance selling transaction or off-premises contract about which the hotel informs below in accordance with the legal model:

    INSTRUCTION ON CANCELLATION RIGHT

    (does apply to vouchers without specific booking dates)
    Cancellation right
    You have the right to cancel this contract within 14 days without giving any reason.
    The cancellation period will expire 14 days after the day on which you or a third party designated by you that is not the carrier took possession of the last goods.
    To exercise the cancellation right, you must inform us (Hotel zur Tenne, Vorderstadt 8, 6370 Kitzbühel, Austria, e-mail: info@hotelzurtenne.com, fax: +43 (0) 53 566480-356, Telephone: +43 (0) 53 5664444-0) of your decision to cancel the contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory.
    To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the cancellation right before the cancellation period has expired.
    To return goods, please use only this address: Hotel zur Tenne, Vorderstadt 8, 6370 Kitzbühel, Austria.
    Effects of cancellation
    If you cancel this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to cancel this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
    We can refuse to make the reimbursement until we have received the goods or until you have provided documentation of the fact that you have sent the goods back, whichever occurs first.
    You must return or hand over the items immediately and at any event within 14 days at the latest as of the date on which you notified us of the cancellation of this agreement. The deadline is met if you send the items back before the 14-day period expires.
    You are responsible for paying the direct costs of returning the items.
    You are only required to pay any diminished value of the items if this diminished value results from handling other than what is necessary to ascertain the nature, properties and functioning of the items.
    We also inform you below regarding the model cancellation form according to applicable law:

    Model cancellation form
    (If you wish to cancel the contract, please fill in this form and return it to us.)
    - To: Hotel zur Tenne, Vorderstadt 8, 6370 Kitzbühel, Austria, e-mail: info@hotelzurtenne.com, fax: +43 (0) 53 566480-356
    - I/We (*) hereby cancel the contract into which I/we (*) have entered governing the purchase of the following goods (*)/the provision of the following services (*)
    - ordered on (*)/received on (*)
    - Name of the consumer(s)
    - Address of the consumer(s)
    - Signature of the consumer(s) (only for notification on paper)
    - Date
    ______
    (*) Delete whatever does not apply
    To return goods, please use only this address: Hotel zur Tenne, Vorderstadt 8, 6370 Kitzbühel, Austria.
    The legal exceptions to the cancellation right in relation to vouchers are specified below. According to applicable law, there is no cancellation right in situations including

    – contracts for the provision of services in the fields of accommodation other than for residential purposes, transport of goods, car rental services, deliveries of food and beverages, or services related to leisure activities, if the contract provides for a specific date or period of performance.


XVII.    Dispute resolution

    The EU Commission has set up a website for online dispute resolution. The website serves as a point of contact for out-of-court resolution of disputes regarding contractual obligations arising from online purchase agreements. More information is available using the following link: ec.europa.eu/consumers/odr. We are neither willing nor obligated to participate in any dispute resolution proceedings at a consumer dispute resolution body.

    Status: 14.08.2018

    Photo credits

    Kitzbühel Tourismus (c) medialounge, Outdoor Photography (c) Michale Werlberger, Markus Mitterer (c) Markus Mitterer, Multivisual Art; Martin Raffeiner (c) multivisualart

Responsible for concept development, Web design, programming and the content management system:

Saint Elmo´s München
Kaulbachstraße 4
80539 München
Fon +49 89.59 99 58-0
Fax +49 89.59 99 58-88
E-Mail: muenchen@saint-elmos.com

Hotel Zur Tenne


Vorderstadt 8-10
A-6370 Kitzbühel

© 2018 Hotel Zur Tenne