GENERAL TERMS & CONDITIONS
General Terms and Conditions
§ 1 Scope These General Terms and Conditions (GTC) apply exclusively to the business relationship between Prime Time Touristik & Marketing GmbH (hereinafter referred to as LIFESTYLEHOTELS) and the purchaser, in the version valid at the time of ordering, for the sale and dispatch of products ordered via the website www.lifestylehotels.net.
LIFESTYLEHOTELS does not recognize deviating conditions of the purchaser unless LIFESTYLEHOTELS has expressly agreed to their validity in writing.
§ 2 Conclusion of Contract Your order constitutes an offer to us to conclude a purchase contract. Our offers are non-binding and subject to change. The contract between you and LIFESTYLEHOTELS is only concluded upon an order by the purchaser and its acceptance by LIFESTYLEHOTELS. The purchaser places the order online by submitting the order form. Acceptance is confirmed via an email confirmation.
LIFESTYLEHOTELS does not offer products for purchase by minors. Even any products intended for children may only be purchased by adults.
Please note that we only sell products in quantities typical for households. This applies both to the number of products ordered within a single order and to the placement of multiple orders for the same product where the individual orders together represent a household-typical quantity.
§ 3 Right of Withdrawal up to 2 Weeks, Exclusion of Withdrawal
Right of Withdrawal You can revoke your contractual declaration within two weeks without stating reasons in text form (e.g., letter, email) or by returning the goods. The withdrawal period begins at the earliest upon receipt of the goods and not before receipt of this instruction. The timely dispatch of the withdrawal or the goods is sufficient to meet the withdrawal deadline.
Exception: For the purchase of PROMOTION NIGHTS / SMART TRAVELLER VOUCHERS, no right of withdrawal exists under § 5c para. 4 no. 1 and 2 KSchG or § 18 para. 1 no. 10 FAGG for home deliveries and leisure services.
The withdrawal by returning the goods should be sent to:
Prime Time Touristik & Marketing GmbH Schmiedgasse 38 8010 Graz office@lifestylehotels.net
Consequences of Withdrawal: In the event of an effective withdrawal, both parties must return the received services and, if applicable, surrender any benefits derived (e.g., usage fees). If you cannot return the received service in whole or in part or can only return it in a deteriorated condition, you must compensate us accordingly. For the transfer of goods, this does not apply if the deterioration of the item is exclusively due to its inspection, as would have been possible in a retail store. You can
avoid the obligation to compensate for the value by not using the item as your property and refraining from anything that impairs its value.
Items that can be sent by parcel must be returned. You bear the return shipping costs if the delivered goods correspond to the ordered goods. Items that cannot be sent by parcel will be collected from you. Obligations to refund payments must be fulfilled within 30 days after sending your withdrawal declaration.
Special Notes: Your right of withdrawal expires prematurely if the contract has been fully performed on both sides at your express request before you have exercised your right of withdrawal.
§ 4 Delivery Unless otherwise agreed, delivery is made from the LIFESTYLEHOTELS warehouse to the delivery address specified by the purchaser. Information on delivery times is non-binding unless the delivery date has been exceptionally confirmed as binding.
If LIFESTYLEHOTELS is unable to deliver the ordered goods without fault on its part because its supplier does not fulfill its contractual obligations, LIFESTYLEHOTELS is entitled to withdraw from the contract. In this case, the purchaser will be informed immediately that the ordered product is unavailable. The purchaser’s legal rights remain unaffected.
If delivery to the purchaser is not possible because the goods do not fit through the purchaser’s entrance door, front door, or staircase, or because the purchaser is not present at the provided delivery address despite being notified of the delivery time in due course, the purchaser bears the costs for the unsuccessful delivery.
§ 5 International Deliveries For deliveries to EU countries, the current VAT of Austria applies. For orders from outside the EU, we deduct the included Austrian VAT, but you must pay the applicable local import VAT at your customs office. We cannot provide information about potential customs duties. You will receive an origin declaration printed on your invoice.
§ 6 Payment Terms and Default The purchaser can pay the purchase price in advance using Visa, MasterCard, American Express, or Diners Club. All personal data is transmitted in SSL-encrypted form.
§ 7 Offsetting and Retention Rights The purchaser is only entitled to offset if their counterclaims have been legally established or are undisputed by LIFESTYLEHOTELS. Additionally, they are only entitled to exercise a right of retention if their counterclaim is based on the same contractual relationship.
§ 8 Retention of Title The goods remain the property of LIFESTYLEHOTELS until payment has been made in full.
§ 9 Liability for Defects If there is a defect in the purchased item, the statutory provisions apply. Assignment of these claims by the purchaser is excluded.
Further claims of the purchaser – regardless of legal reason – are excluded. LIFESTYLEHOTELS is therefore not liable for damages that did not occur on the delivery item itself, particularly not for lost profits or other financial losses of the purchaser.
This limitation of liability does not apply if the cause of damage is based on intent or gross negligence or if personal injury is involved. It also does not apply if the purchaser asserts legally regulated claims.
If LIFESTYLEHOTELS negligently breaches a contractual obligation, liability for material damages is limited to the typically foreseeable damage.
If supplementary performance is carried out through a replacement delivery, the purchaser must return the first delivered item to LIFESTYLEHOTELS within 30 days at LIFESTYLEHOTELS’ expense. The return of the defective goods must comply with legal regulations. LIFESTYLEHOTELS reserves the right to claim damages under the statutory conditions.
The limitation period is twenty-four months from delivery.
§ 10 Collection, Processing, and Use of Personal Information Personal data of the purchaser are collected only within the legal framework of the Federal Data Protection Act (BDSG) and the Telemedia Act (TDDSG) and used exclusively for contract processing.
§ 11 Applicable Law The contractual relationship between LIFESTYLEHOTELS and the purchaser is exclusively subject to Austrian law.
§ 12 Severability Clause If one or more provisions of these GTC are invalid, this does not affect the validity of the entire contract. The invalid provision will be replaced by the relevant statutory provision.
CANCELLATION POLICY
Right of Withdrawal up to 2 Weeks, Exclusion of Withdrawal
Cancellation Policy Right of Withdrawal
You may revoke your contractual declaration within two weeks without stating reasons in text form (e.g., letter, email) or by returning the goods. The withdrawal period begins at the earliest upon receipt of the goods and not before receipt of this instruction. To meet the withdrawal deadline, it is sufficient to send the withdrawal declaration or the goods in due time.
Exception: In accordance with Section 5c (4) No. 1 and 2 of the Austrian Consumer Protection Act (KSchG) and Section 18 (1) No. 10 of the Austrian Distance and Off-Premises Contracts Act (FAGG), there is no right of withdrawal for home deliveries and leisure services when purchasing PROMOTION NIGHTS / SMART TRAVELLER VOUCHERS.
The withdrawal by returning the goods must be sent to: Prime Time Touristik & Marketing GmbH Schmiedgasse 38 8010 Graz office@lifestylehotels.net
Consequences of Withdrawal:
In the event of an effective withdrawal, both parties must return the received services, and any benefits derived (e.g., usage fees for using the item) must be refunded. If you cannot return the received service in whole or in part or can only return it in a deteriorated condition, you may be required to compensate us for the loss of value. This does not apply to the provision of goods if the deterioration of the goods is solely due to their inspection – as would have been possible in a physical store. Otherwise, you can avoid the obligation to compensate for the loss of value by not using the item as if it were your own property and refraining from anything that could reduce its value. Items that can be sent by parcel must be returned. You bear the cost of returning the goods if the delivered goods correspond to the order. Items that cannot be sent by parcel will be collected from you. Obligations to refund payments must be fulfilled within 30 days of sending your withdrawal declaration.
Special Notes: Your right of withdrawal expires prematurely if the contract has been fully performed by both parties at your express request before you have exercised your right of withdrawal.
End of the Cancellation Policy