Terms and conditions
General Terms & Conditions of Business for Vouchers
1) General:
The contract comes into being with Hotel Amadeus GmbH (hereafter referred to as 'Amadeus' or 'we'), FN 383652w, 5020 Salzburg, Austria, exclusively on the basis of our 'General Terms & Conditions of Business’. Any rulings that deviate from those General Terms & Conditions of Business are valid only if that validity is confirmed in writing by Hotel Amadeus GmbH. It is only persons aged at least 18 years who are entitled to make any purchase in our internet shop.
2) Conclusion of contract, payment and supply:
The vouchers offered constitute a non-binding offer of services for purchase; this offer is subject to confirmation. The prices indicated shall be understood to be inclusive of any statutory value-added tax that applies. The online-order for a voucher via the internet constitutes a binding purchase offer by the customer, which is confirmed by Hotel Amadeus GmbH by means of an order confirmation sent by e-mail and through which the purchase contract comes into being. After the receipt of payment for the sum, owed as a result of the purchase contract concluded, the purchased vouchers will be sent by Hotel Amadeus GmbH. To save postage costs, the vouchers purchased can also be paid for by credit card or by online payment transfer; in such a case the vouchers can be sent out free of charge via e-mail and can be printed out by the customer. However, if this is the customer’s wish, the vouchers will be sent by post even if they have been paid for by credit card or by online payment transfer. No liability shall be accepted by us for any delay in delivery resulting from dispatch by post. If it is the case that the voucher ordered has already been sent to the person ordering, before the fee for this has been received by Hotel Amadeus GmbH or credited to it, the voucher shall have no validity until payment is made in full; Hotel Amadeus GmbH shall be entitled to withhold the services, stated in writing in the voucher, until full payment of the sum owed for this.
3) Vouchers:
With regard to the online vouchers it must be taken into account that these are provided to the customer with a forgery-proof code. Because the customer can print out the voucher himself/herself, more than one print-out is indeed possible but only one print-out is redeemable and is relevant in terms of the value. The first voucher redeemed in the INCERT voucher-management system with the corresponding barcode shall be deemed to be the original and must be booked by Hotel Amadeus GmbH, as having been used, immediately after it is redeemed. If more than one copy appears with the same code, this constitutes a case of misuse and it has consequences in criminal law. Because a voucher can be passed on accordingly or it respectively it can be used as a gift, Hotel Amadeus GmbH has no obligation and no possibility to check the right to ownership of the person redeeming the voucher. When the voucher is redeemed, all that is checked is whether the corresponding barcode was authorised by the system and whether payment was made for the corresponding voucher. In addition, vouchers for which a customer has not paid a fee (e.g. in a prize competition) are non-transferable and are specific to the stated person to whom they are issued. Lost vouchers shall not be replaced. Vouchers also cannot be returned on the basis of a payment of money. If the value of a voucher amounts to more than the cost of the service that has been consumed, a new voucher shall be generated with regard to the remaining amount. In such a case there shall be no entitlement to have a payout of money for the voucher amount that remains open. Hotel Amadeus GmbH shall have no obligation to take, as a means of payment, vouchers for which payment has not been received in full. The services stated in the voucher can only be provided if corresponding capacity is available; therefore it is recommended to make a reservation well in advance. It is permissible to deviate slightly from the service that is described in the voucher if objective justification exists for doing so. For contractual partners who are not consumers as defined in Austria’s Customer Protection Act (abbreviation: KSchG), the following shall also apply: if it proves to be the case that, for whatever reason, Amadeus definitively can no longer provide the services stated in the voucher (e.g. closing of the business, insolvency, or similar matters), the vouchers shall become void and shall not be replaced. If a change of ownership takes place with regard to Amadeus’s business enterprises, it shall be ruled out that the rights stated in connection with these vouchers can be asserted in relation to Amadeus as the original issuer.
4) Validity, term of validity:
Vouchers have three years‘ validity from the date of issue stated in the voucher. Each voucher can be redeemed once only; this is ensured by means of a barcode associated with the voucher or respectively by a voucher number.
5) Redeeming the voucher by money payment, loss, invoicing:
No possibility exists for the voucher, or respectively the value that the voucher states in writing, to be redeemed in a payout of money. An invoice, with corresponding proof in terms of taxation and stating the value-added tax involved in the transaction, cannot be issued until the voucher is redeemed and thus not until the time at which the service is indeed provided. If a voucher is lost or stolen or in the event that the voucher is no longer readable, no replacement can be provided by Hotel Amadeus GmbH.
6) Security guarantee, data protection:
Your security is the highest priority! Therefore, in the event of payment by credit card, using certified providers of payment services, it is the latter companies’ protected SSL link that is used for data-transfer, observing PCI regulations, concerning data such as the credit-card number, the bank sort code, the account number, the name and the address. Thus no unauthorised person can read the data entered during the data-transfer on the Internet. Your information is processed by us on an automation-supported basis. The customer declares his/her consent to receipt of promotional information from Hotel Amadeus GmbH. These data shall not be passed on to third parties.
7) Right of rescission in distance marketing:
Customers who are consumers as defined in Austria’s Customer Protection Act (KSchG) and whose voucher/vouchers has/have a value exceeding EUR 50.-, shall have the right to revoke this contract within 14 days, without stating reasons. The deadline for revocation expires 14 days after the day on which the customer, or a third-party nominated by him/her, has taken possession of the voucher. To exercise this right of revocation, the customer must inform us - Hotel Amadeus GmbH, Linzer Gasse 43 -45 in 5020 Salzburg, info@hotelamadeus.at – by means of an unequivocal declaration (e.g. a letter sent by post or an e-mail) about his/her decision to revoke this contract. For this purpose, the customer can electronically fill out our template revocation form or another unequivocal declaration, and transfer it to us, also by using our website at www.amadeushotels.at if so wished. If the customer makes use of the possibility to do this, we will immediately transfer to him/her a confirmation of receipt of the revocation.
In order to meet the deadline for revocation, it shall be sufficient if, before the revocation deadline expires, the customer sends the notification regarding the exercise of his/her right of revocation. If the customer revokes this contract, we shall be required to return to him/her all payments received from him/her; this shall be done immediately, no later than 14 days from the day on which the notification was received by us concerning the customer’s revocation of this contract. To make this repayment, we use the same means of payment that the customer used on the original transaction, unless something was explicitly agreed with him/her to the contrary; in no instance will we charge fees to him/her because of this repayment. We can decline to make the repayment until we have received the voucher back or until the customer has proved that he/she has sent it back, depending on which is the earlier point in time. The customer must send the voucher back to us immediately or personally hand it over to us, in either case immediately and no later than 14 days from the day on which he/she notifies us concerning the revocation of this contract. The deadline is met if the customer sends the voucher before the 14-day deadline has expired. The customer shall bear the immediate costs of sending back the voucher"
Status: 25.08.2015