General terms and conditions
1. Pre-amble
The purpose of these General Terms & Conditions (Ts&Cs) is the regulation of rights and duties of members (‘Member’ in the following) for the Pletzer Resort loyalty programme (‘Loyalty Programme’ in the following) and Pletzer Resorts Holding GmbH (Brixentaler Straße 3, 6361 Hopfgarten im Brixental; FN 199144i) – ‘PRS’ in the following) and the following participating hotels (‘Participants’ in the following).
Loyalty Programme participants are:
• Sportresort Hohe Salve GmbH (FN 286565g)
• PA Hotel Hopfgarten GmbH (FN 303466z)
• Das Walchsee Hotel GmbH (FN 479809b)
• MP Seepark Hotel GmbH (FN 392282k)
• Pletzer Resorts Bayrischzell GmbH (HRB249778)
2. Purpose and Scope
PRS offer their customers a loyalty programme (‘Loyalty Programme’ in the following) via the participant’s website. The context of the Loyalty Programme is to reward direct bookings in the guise of the granting of vouchers which can be redeemed during an upcoming stay by the benefitted group of people.
Participation in the Loyalty Programme requires registration of the member.
By registering for the programme, the member consents to these Ts&Cs without reservation.
The Loyalty Programme member will be expressly informed that these Ts&Cs only apply to the Loyalty Programme. They do not apply for:
Use of the website and participant services. The participant’s general terms and conditions of usage apply for this. These can be found in the participant’s website.
Booking a stay, for which the participant’s general conditions of sale apply.
3. Terms for participation in the Loyalty Programme
Participation in the Loyalty Programme is bound to the following pre-requisites:
Full legal age and unlimited legal capacity.
Registration as a Loyalty Programme member on the website.
Consent or rejection to receive exclusive programme offers and the newsletter via e-mail.
Filing a contact e-mail, where the member can be informed of changes to the Ts&Cs.
The Loyalty Programme is solely for consumers in the context of the Consumer Protection Act (KSchG). A consumer is a person who concludes a legal transaction, i.e. makes a declaration of intention about facts, that can neither be apportioned to their professional or commercial activity, that is, the legal transaction is not part of the operation of their business.
Participation in the Loyalty Programme is only possible for direct bookings. Bookings made via a booking portal or another third party, or using online services, are excluded from participation. In this instance, acquiring loyalty points is not possible.
PRS reserves the right to undertake the necessary checks to ensure persons are entitled to participate, in the context of the preceding lit. b of these Ts&Cs.
4. Loyalty Programme membership
4.1. Programme membership
Participation in the Loyalty Programme is bound to the following conditions:
Complete, current and truthful details when registering for the Loyalty Programme.
PRS reserves the right to ask the member in an appropriate manner to confirm their identity, entitlement to participate and confirm information provided.
PRS is entitled to check the accuracy of details provided by members through their own research, in an appropriate scope.
Members acknowledge and accept that the information provided to take part in the Loyalty Programme requires proof of identity. The details provided by members will be bound to participants after their declaration.
Members are obliged to update the information provided in the event of any change, so formal pre-requisites for participation can be checked.
Membership is bound to a person and only applies to the respective registered member. Any utilisation by third parties is prohibited and will lead to exclusion from the member list.
The Loyalty Programme is purely a digital offer from PRS. Physical media (membership cards etc.) are not issued.
Right to vouchers and awards only results from a direct booking.
4.2 Acceptance of the Ts&Cs
The customer is obliged to read these Ts&Cs carefully. Ts&Cs are to be expressly accepted by the member. Electronic acceptance is effected via clicking on a little box, which is then an acknowledgement of the Ts&Cs.
The Ts&Cs are on the PRS website. There too a permanent, saveable version of the applicable Ts&Cs is available.
5. Programme benefits and availing of loyalty benefits
Participating in the Loyalty Programme provides members with a series of benefits in the guise of so-called ‘rewards’. These rewards are currently effected by way of the granting of vouchers which can be redeemed during another stay.
The granting of awards is not envisaged in the current programme series for the launch of the Loyalty Programme. However, granting of awards is intended as part of the programme development and is intended to be implemented in the course of 2024.
So-called ‘diamonds’ are collected for every stay and these are converted later on into vouchers. ‘Diamonds’ are collected even by ordering the newsletter. An exact listing of the options for acquiring ‘loyalty diamonds’ and the conversion table in Euros can be found at the following link.
In any case, monetary payout of vouchers is excluded. Discounts in the context of a follow-up stay can be redeemed by any participant, whereby this applies to the all the service offers rendered to participants (overnight stays, wellness and sports offers, restaurant etc.), for which the vouchers received may be used.
Redemption of collected ‘diamonds’ is in the guise of a voucher for a following stay. The voucher is redeemable upon booking the following stay up until point of billing, and is to be provided by the member when making the booking, or at the billing stage at the latest. There is no entitlement to subsequent recognition of the voucher.
The redemption of vouchers by a member can be effected by any participant for any service that is linked to the Loyalty Programme (see No. 1 of these Ts&Cs).
6. Validity of vouchers
Vouchers received in the guise of diamonds are valid for 4 years from date of issue.
7. Coming into effect and duration of the Loyalty Programme/ Structure of the reward programme
Programme benefits can be availed of by a member from the date of registration. The date of registration is decisive.
The reward programme for the Loyalty Programme is currently still in its structuring phase and is expected to be effective in the course of 2024.
The member duly notes that the Ts&Cs will be adapted in the course of the introduction of the reward programme.
8. Completion of the Loyalty Programme
A Loyalty Programme member can end participation in the programme at any time.
Completion is effected via the contact e-mail address for the Loyalty Programme or via the website. Submission of the request to leave can be effected in any suitable way, whereby written verification is recommended.
The member will be unregistered from the programme immediately, or within 14 working days at the latest and will receive a confirmation of this via e-mail.
Unregistering from the Loyalty Programme will lead to the loss of all unused programme benefits from the date of receipt of unregistration by the member. Pay-out of collected ‘loyalty diamonds’ in monetary form is excluded.
PRS is entitled to exclude a member from participation if there is fraudulent use in accordance with these Ts&Cs (in particular Point 4.1 of these Ts&Cs).
9. Liability
PRS is only obliged in all applicable cases to provide compensation for damages in the event of malice or gross negligence.
PRS is not liable, in so far as non-fulfilment or invalid fulfilment, from incorrect or delayed input is attributable to the member.
There is no entitlement to redemption from a specific participant.
10. Programme change
These Ts&Cs can be updates and modified at any time by PRS. This applies in particular to changes in laws or to the participant.
Reference is made to the adaptation of these GTC in the context of the evolving Loyalty Programme. There is no legal entitlement to timely implementation.
General terms and conditions apply that were made available for long-term storage at that point in time via the website.
PRS is obliged to provide details in an electronic manner of changes to the Ts&Cs at least 30 days before these changes come into effect.
11. Data protection
12. General terms and conditions
Should a term of these Ts&Cs be ineffective, the remaining terms are still effective in their full scope.
13. Concluding provisions
These Ts&Cs are subject to Austrian law and are construed accordingly.
In the event of differences of opinion, PRS customer service will endeavour to reach a amicable solution.
PRS customer service is available to the member at any time. For this, just contact the participating hotel in any way. Written communication is recommended.
PRS is neither prepared nor obliged to participant in out-of-court dispute resolution for the user.
Changes or additions to these business terms require written form. Departure from this formal requirement is to be made in writing.
Place of fulfilment and payment is Hopfgarten in Brixental.
Court of jurisdiction for disputes is the professional and responsible court local to the district of Kitzbühel.
Austrian law applies, excluding relevant provisions in UN sales law and international private law (IPRG).
