Website Terms & Conditions

These General Terms and Conditions (“Consumer Terms and Conditions”) apply to the use of the gift voucher website (the “Website”) and where you purchase a Das LOFT gift voucher (a “Gift Voucher”).

We are Das LOFT. However, as you have chosen to purchase a Gift Voucher, please note that this section of the Website is operated by SK Chase Limited (“SK Chase”), acting as agent for Das LOFT and processing payments on behalf of Das LOFT. SK Chase is a company registered in Scotland (Company No. SC253912) with its registered office at 31 Palmerston Place, Edinburgh, EH12 5AP. The Das LOFT website has its own terms and conditions which apply to the use of that website.

Before placing an order on the Website, you will be asked to agree to these Consumer Terms and Conditions and be legally bound by them. Please read them carefully before placing your order. If you do not accept these Terms and Conditions, you will not be able to order products from this Website.

1. Purchase

1.1

The Website offers Gift Vouchers for sale.

1.2

No contract for the sale of a Gift Voucher exists between you and Das LOFT unless and until Das LOFT accepts your order by email (sent by SK Chase), confirming that full payment has been received, setting out the details of the Gift Voucher purchased and confirming your details (the “Confirmation”). Acceptance shall be deemed complete and effectively communicated to you at the time SK Chase (on behalf of Das LOFT) sends the Confirmation. The Confirmation constitutes acceptance by Das LOFT of your offer to purchase one or more Gift Vouchers from Das LOFT or a third party authorised by Das LOFT.

1.3

You must check the details in the Confirmation as soon as possible and should print and retain a copy for your records.

1.4

When purchasing a Gift Voucher via the Website or by telephone, payment is taken on our behalf by SK Chase as our agent by credit or debit card. The following cards are accepted: Mastercard, Visa, Delta, American Express, Switch or Solo. Please note that all payments charged or refunded by SK Chase will appear on your bank statement as SK Chase. Gift Vouchers may also be purchased in person from Das LOFT. In this case, payment may be made by cheque, cash or PDQ, and a receipt will be issued by Das LOFT.

1.5

You undertake that all information you provide to the [Customer] and SK Chase for the purpose of ordering Gift Vouchers is correct, that the credit or debit card used is your own, and that sufficient funds are available to cover the cost of the Gift Voucher ordered.

1.6

To protect your data during the ordering process, the Website uses Secure Sockets Layer (SSL) software, indicated by a padlock symbol displayed in your web browser (in the lower left corner of the browser window, in the grey border area of the screen).

1.7

Please note that, as the voucher software provider is based in the United Kingdom, additional bank or currency conversion fees may be applied by your payment provider when purchasing vouchers. These charges are determined by your bank or card issuer and are outside of our control.

2. Issue of Gift Vouchers

2.1

Each Gift Voucher sold is subject to the usage terms displayed on the Website alongside the relevant Gift Voucher, which apply in addition to these Consumer Terms and Conditions. All prices shown on the Website include VAT, where applicable.

2.2

Once your order has been processed by SK Chase (on our behalf), SK Chase is responsible for issuing the Gift Voucher and arranging first-class post delivery (or special delivery, airmail or international recorded delivery if selected), as well as fulfilling any other conditions stated in the Confirmation. Delivery from the United Kingdom normally takes seven (7) days when postal services are operating normally. No dispatches or deliveries are made on UK public holidays or weekends. Delivery is carried out by Royal Mail and neither Das LOFT nor SK Chase can be held responsible for delays caused by the postal system. Neither Das LOFT nor SK Chase accepts liability for delayed deliveries due to circumstances beyond their control. In such circumstances, you may cancel the delivery. To cancel your order, please contact SK Chase by email at enquiries@skchase.com or by telephone on: 0344 371 0071.

2.3

You may choose to collect your Gift Voucher from Das LOFT (if available) or to receive it by post or by email (if available). If you choose postal delivery, SK Chase will dispatch your order via Royal Mail. Please note that postage and packaging costs are not included in the price of the Gift Voucher. Postage and packaging costs will be displayed at checkout and during the ordering process before you confirm your order.

2.4

Orders are dispatched according to the following schedule:

• Orders placed on a working day (Monday to Friday, excluding public holidays) before 12:00 noon are dispatched on the same day.
• Orders placed after 12:00 noon on a working day or during the weekend are dispatched on the next working day.

2.5

The following delivery options are available to customers in the UK:

• Standard post within Austria
• Standard post within the EU
• Email - An automatic email with a Gift Voucher link will be sent as soon as the transaction is completed. This can be sent to either the purchaser or the recipient. This is a system generated email and therefore may go to the email recipient's junk or spam email folder. Please also take care when entering email address that it is correct. 

2.6

Occasionally, a Gift Voucher may be lost in the post after SK Chase has dispatched it. If you have not received your order within 5 days of placing the order (or 25 days in the case of international recorded delivery), please contact SK Chase using the contact details in section 4.1. SK Chase may need to cancel the original order and issue a replacement Gift Voucher. In that case, if the original Gift Voucher subsequently arrives, you must destroy it as it will no longer be valid.

2.7

If the delivery deadline for Gift Vouchers is not met and one of the following applies, you may cancel your order immediately:

• SK Chase (or Das LOFT) has refused delivery of the Gift Voucher;
• delivery within the delivery period was essential (taking into account all relevant circumstances); or
• you informed SK Chase (or Das LOFT), before Das LOFT accepted your order, that delivery within the delivery period was essential.

If you do not wish to cancel immediately, or you do not have the right to do so under this section 2.7, you may set SK Chase (acting as agent for Das LOFT) a new delivery deadline. This deadline must be reasonable, and you may cancel your order if the new deadline is not met.

If you wish to cancel due to late delivery under this section 2.7 and you have ordered more than one Gift Voucher, you may cancel one Gift Voucher or all Gift Vouchers unless splitting them would significantly reduce their value. After you cancel your order, SK Chase (on behalf of Das LOFT) will refund all sums paid for the cancelled Gift Voucher(s) and their delivery.

3. Cancellations

3.1

Please note that, in addition to these Consumer Terms and Conditions, each Gift Voucher is also subject to its own specific terms available on the Website alongside the relevant Gift Voucher. The provisions of this section 3 apply to all Gift Vouchers except where:

(a) the Gift Voucher is valid for a specific date or performance period; or

(b) the Gift Voucher relates to:

• any products made to your specifications or clearly personalised;
• newspapers, magazines or periodicals, except subscription contracts for the supply of such publications;
• any goods which deteriorate or expire rapidly (such as food or fresh flowers);
• any alcoholic beverages where (i) the price was agreed at the time the contract was concluded; (ii) delivery can only take place after 30 days; and (iii) the value depends on market fluctuations that the trader cannot control; or
• software, DVDs or CDs that have been opened or unsealed and which were supplied with a security seal,

in which case the Gift Voucher is non-refundable and non-transferable unless otherwise agreed with Das LOFT.

3.3

All specific arrangements regarding booking dates and times must be made directly with Das LOFT and should be reconfirmed prior to the event to avoid disappointment. Das LOFT will use reasonable endeavours to accommodate requests but cannot guarantee a specific date or time.

3.4

Nothing in these Consumer Terms and Conditions or the additional Gift Voucher-specific terms affects your statutory rights (including your right to a refund for faulty or misdescribed Gift Vouchers).

3.5

In accordance with applicable consumer protection laws, you have the right to cancel your order with Das Loft from the date on which SK Chase sends you the dispatch confirmation (which is the date on which the contract with Das Loft is concluded) until either:

(a) 14 days after the day you receive your Gift Voucher (the “Cancellation Period” where your contract relates to a single Gift Voucher); or

(b) 14 days after the day you receive the last Gift Voucher ordered (the “Cancellation Period”) where multiple Gift Vouchers are delivered on different days.

3.6

If you wish to cancel your order before or after receiving the Gift Voucher, you must notify SK Chase within the Cancellation Period that you have decided to withdraw from the contract. The easiest way to do this is to contact SK Chase in accordance with section 4.1. If you cancel by email, your cancellation takes effect on the day you send the email to SK Chase.

3.7

If you cancel the contract within the Cancellation Period, SK Chase (on behalf of Das LOFT) will refund the amount paid for the Gift Voucher(s) within 14 days from the day SK Chase receives your cancellation notice, regardless of whether you have received the Gift Voucher.

3.8

This refund includes delivery costs, provided that (i) you cancelled within the Cancellation Period; or (ii) the Gift Voucher was faulty or misdescribed, in which case SK Chase (on behalf of Das LOFT) will also refund delivery costs (where postal delivery was chosen).
The maximum refund for delivery costs is the cost of delivery by the least expensive delivery method (UK First Class Post). If you have already received the cancelled Gift Voucher, you must destroy it. If SK Chase determines after receiving your cancellation notice that the Gift Voucher has already been redeemed, you will not be entitled to a refund.

4. Complaints Procedure and After-Sales Support

4.1

If you have questions about an order you are considering or about how to redeem your Gift Voucher, please contact Das LOFT. If your questions relate to payment, please contact SK Chase.

You can contact Das LOFT on: +43 1 906168110 or dasloft@so-hotels.com, and SK Chase on: +44 (0)131 220 6544 or enquiries@skchase.com.

5. Liability

5.1

This section applies only to the extent permitted by law. For the avoidance of doubt, Das LOFT does not exclude liability for:
(a) personal injury (including illness and death) caused by negligence or wilful misconduct of Das LOFT or its employees, agents or subcontractors; or
(b) fraud or fraudulent misrepresentation.

5.2

If Das LOFT breaches the contract, Das LOFT is only responsible for refunding the cost of the Gift Voucher. Das LOFT is not obliged to compensate you for any other losses arising from the breach.

5.3

Das LOFT undertakes to provide the services for which the Gift Voucher was purchased, as described on the Website and the Das LOFT website (where applicable), with reasonable skill and care. No other warranties or representations are given.

6. Copyright

The Website is protected by copyright and other intellectual property rights. We or SK Chase are the owners or licensees of all copyrights, trademarks, design rights, patents and other intellectual property rights on this Website and in the material published on it. You may access the Website and download extracts to a PC for private viewing only and for no other purpose. NO CONTENT MAY BE DOWNLOADED, USED, DISTRIBUTED, TRANSMITTED, STORED, SOLD OR PUBLISHED WITHOUT OUR PRIOR WRITTEN CONSENT.

7. Disclaimer

By accessing and using the Website or any information contained in it, you acknowledge that, while reasonable efforts have been made to ensure that all information on the Website is correct, accurate and up to date, neither SK Chase nor Das LOFT accepts any liability, gives any representation or makes any commitment that material on the Website is free from harmful materials, viruses, worms, Trojan horses and/or other code with contaminating or destructive properties. (It is your responsibility to take protective measures such as virus checks.)

8. Governing Law and Jurisdiction

The Website and these Consumer Terms and Conditions are governed by Austrian law. The courts of Austria shall have jurisdiction over disputes arising from this contract. If the customer is a consumer resident in Austria, claims may be brought before the court having jurisdiction over the consumer’s place of residence, habitual abode or place of employment.
If any provision of these Consumer Terms and Conditions is found invalid by a competent court, you agree that the remaining provisions shall remain in full force and effect to the fullest extent possible.