General Terms and Conditions for the Elixier Club and Voucher Purchases

1. General Information

These general terms and conditions apply to the Elixier Club and all contracts for the purchase of vouchers from Hotel Schwarzbrunn GmbH. Deviating regulations are only valid if expressly agreed upon in writing between Hotel Schwarzbrunn GmbH and the customer.

The Elixier Club is a customer club of Hotel Schwarzbrunn GmbH.

Hotel Schwarzbrunn GmbH, Vogelsang 208, 6135 Stans, Austria offers the following Elixier Club levels:

• Elixier Silver
• Elixier Gold
• Elixier Diamond

The following general terms and conditions apply to the bonus program.

2. Eligibility and Registration in the Elixier Club

2.1 Eligibility

Eligible participants are individuals who have reached the age of 18 and are fully legally competent. Only one participation per person is allowed. Employees of Hotel Schwarzbrunn GmbH are not eligible to participate.

2.2 Registration for Elixier Silver

Registration is done via email. After completing the application form, the applicant will receive a confirmation email with the membership number and login password.

Membership to the Elixier Silver level is free.

2.3 Invitation to Elixier Gold

Upon reaching the Elixier Gold level, members of the Elixier Silver level and other guests who are not members of the Elixier Silver level are invited to join the Elixier Gold level. The Elixier Gold status is achieved if the member/guest has reached a spend of at least EUR 5,000.00 (including VAT) in two consecutive years. They will receive a physical Elixier Gold card during their next stay at the hotel.

Membership to the Elixier Gold level is also free.

2.4 Invitation to Elixier Diamond

Upon reaching the Elixier Diamond level, members of the Elixier Gold level and other guests who are not members of the Elixier Gold level are invited to join the Elixier Diamond level. The Elixier Diamond status is achieved if the member/guest has reached a spend of at least EUR 10,000.00 (including VAT) in two consecutive years. They will receive a physical Elixier Diamond card during their next stay at the hotel.

Membership to the Elixier Diamond level is also free.

2.5 Transferability The membership card and membership are not transferable to other people. The benefits of the bonus programs can be used by the member themselves and one accompanying traveler and apply to up to two rooms.

3. Content of the Bonus Programs

3.1 Elixier Silver

Members of Elixier Silver level receive a 2% discount on all publicly bookable room rates for stays booked directly at the hotel or through the website www.schwarzbrunn.at. No discount is granted for special rates (e.g., group rates, organizer rates, net rates, corporate rates).

Additionally, there are regular special offers, further discounts, news, highlights, events, and contests. These offers are displayed and continuously updated in the Elixier Club login area.

3.2 Elixier Gold 

Members of the Elixier Gold level receive a 10% discount on all publicly bookable room rates for stays booked directly at the hotel or through the website www.schwarzbrunn.at. No discount is granted for special rates (e.g., group rates, organizer rates, net rates, corporate rates).

Additionally, Elixier Gold members receive exclusive services at the hotel, including a personal welcome gift in the room or a room upgrade subject to availability. They are also entitled to all benefits and services of the Elixier XXX level.

3.3 Elixier Diamond

Members of the Elixier Diamond level receive a 20% discount on all publicly bookable room rates for stays booked directly at the hotel or through the website www.schwarzbrunn.at. No discount is granted for special rates (e.g., group rates, organizer rates, net rates, corporate rates).

Additionally, Elixier Diamond members receive exclusive services at the hotel, including a personal welcome gift in the room or a room upgrade subject to availability. They are also entitled to all benefits and services of the Elixier Silver and Elixier Gold levels.

3.4 Newsletter A regularly sent newsletter informs members of all Elixier Club levels about new offers.

4. Duration of Membership

4.1 Elixier Silver 

Elixier Silver Level Membership is unlimited.

4.2 Elixier Gold

Elixier Gold Level Membership is generally limited to 2 years. During this period, a spend of at least EUR 5,000.00 (including VAT) is required to extend the membership by 2 years. If the membership is not extended, the Elixier Gold card loses its validity. However, the membership in the Elixier Silver level remains.

If the member subsequently meets the requirements to participate in the Elixier Gold level again, they will receive a new Elixier Gold card with a new validity date.

4.3 Elixier Diamond

Elixier Diamond Level Membership is generally limited to 2 years. During this period, a turnover of at least EUR 10,000.00 (including VAT) is required to extend the membership by 2 years. If the membership is not extended, the Elixier Diamond card loses its validity. However, the membership in the Elixier Silver level remains.

If the member subsequently meets the requirements to participate in the Elixier Diamond level again, they will receive a new Elixier Diamond card with a new validity date.

5. Validity, Cash Redemption

Each voucher can only be redeemed once, as ensured by a barcode or voucher number. Cash redemption of the voucher is not possible.

6. Participating Hotels

The hotel available at www.schwarzbrunn.at participates in the bonus programs. The applicable conditions and available benefits and services can be accessed by the member at any time under club.schwarzbrunn.at.

7. Modification of Terms and Conditions and Bonus Programs

Hotel Schwarzbrunn GmbH reserves the right to change the general terms and conditions and the content of the bonus programs at any time.

Members will be notified of changes to these general terms and conditions at the last provided email address or otherwise in a reasonable manner. The changes will be deemed accepted if the member does not object in writing within one month of notification. Hotel Schwarzbrunn GmbH will draw attention to the change in general terms and conditions in the notification and inform the member that their silence after one month from notification will be considered as acceptance of the changes.

If the member does not accept the changes, it will be considered as termination of the membership. Hotel Schwarzbrunn GmbH will also separately inform the member of this when sending the changed general terms and conditions.

8. Termination of Membership/Right of Withdrawal

8.1. Termination by the Member

The member can terminate their membership at any time without notice and without providing a reason by email to club@schwarzbrunn.at or by phone.

8.2 Termination by Hotel Schwarzbrunn GmbH

Hotel Schwarzbrunn GmbH is entitled to terminate the membership without notice for important reasons. An important reason includes, among other things:

• Improper or fraudulent use of the program
• Inappropriate behavior in the hotel

If a voucher was sent to the customer before the declaration of withdrawal or if a withdrawal occurs at a time when the voucher has already been handed over by Hotel Schwarzbrunn GmbH to the customer, the customer must return the voucher to Hotel Schwarzbrunn GmbH upon receipt. If a voucher has already been redeemed or if the service provided by Hotel Schwarzbrunn GmbH has already started from the redemption of a voucher, there is no right of withdrawal, even if the withdrawal period has not yet expired.

8.3 Discontinuation of Bonus Programs Hotel Schwarzbrunn GmbH reserves the right to terminate the bonus programs at any time without providing reasons or to replace them with other programs.

Termination or change of the bonus programs does not entitle members to any claims.

9. Data Protection

The customer agrees that personal data disclosed during contract processing or received by Hotel Schwarzbrunn GmbH will be electronically stored and processed. This data will be treated confidentially by Hotel Schwarzbrunn GmbH and will only be used for the specific contract and accounting purposes and will not be passed on to third parties. Personal data will only be collected, used, and passed on if legally permitted or if the customer consents to data collection.

Detailed information on the processing of personal data, processing operations, and data subject rights can be found in the privacy policy at club.schwarzbrunn.at.

10. Applicable Law, Jurisdiction

Austrian law applies to all contractual relationships. The place of jurisdiction is Innsbruck.

Stans, April 1, 2014

Gasthof “Das Marschall” | Hotel Schwarzbrunn GmbH | Oberdorf 201 | 6135 Stans, Tirol Tel.: +43 5242 63581 | info@gasthof-marschall.at | www.gasthof-marschall.at Commercial Register Innsbruck | FN398194 f | VAT ID: ATU68067888