GENERAL TERMS AND CONDITIONS

General Terms and Conditions for Distance Selling of Hotel Adlon GmbH
The following terms and conditions apply to all current and future contracts concluded with us for the distance selling of goods and services in the online shop. The general terms and conditions of the customer are not recognised.

1. Conclusion of contract

A contract is only concluded upon fulfilment by the hotel and, therefore, upon dispatch of the goods. However, the hotel shall inform the customer in advance of the receipt of the order and the details of the contract to be concluded (order confirmation).

2. Cancellation and right of return for contracts with consumers

2.1 The customer, if he is a consumer within the meaning of BGB 13, can cancel his contractual declaration within 14 days without giving reasons in text and by returning the goods/voucher. The cancellation period begins upon receipt of the goods and not before receipt of these instructions. Timely dispatch of the cancellation and return of the goods/voucher is sufficient to comply with the cancellation period. The cancellation or the return of the goods must be sent to: Hotel Adlon Kempinski Berlin | Accounting Voucher Returns | Unter den Linden 77 | 10117 Berlin.

2.2 In the event of an effective cancellation, the services received by both parties must be returned and any benefits derived must be surrendered. If the customer is unable to return the service received to the hotel in whole or in part or only in a deteriorated condition, the customer shall be obliged to pay compensation in this respect. This shall not apply to the surrender of items if the reduction in value of the item is exclusively attributable to its inspection. Furthermore, the customer can avoid the obligation to pay compensation by not using the goods as if they were his property and refraining from doing anything that could impair their value. If the goods or vouchers are returned within 14 days of delivery, the customer must bear the costs of returning the goods.

3. Prices and terms of payment

3.1 The purchased or ordered vouchers cannot be redeemed in cash. Should the consumption be less than the value of the voucher, you will receive a further credit note from the hotel.

3.2 The statutory value-added tax is included in all prices quoted.

3.3 The voucher is only valid once the amount due has been paid in full.

3.4 All vouchers are valid for three years from the date of issue and must be redeemed within this period.

4. Delivery dates and deadlines

4.1 If the hotel is unable to meet the agreed delivery date due to reasons for which it is not responsible (operational disruptions, strike, lockout, energy supply difficulties, failure to receive deliveries in good time despite having concluded a specific covering transaction with due care and so on), the hotel shall inform the customer immediately. In such cases, the customer shall not be entitled to cancel the contract.

4.2 Partial deliveries are permitted insofar as this is reasonable for the customer.

4.3 The risk of accidental loss and accidental deterioration shall pass to the customer as soon as the goods have been handed over for transport or the customer has been notified that the goods are ready for dispatch. This shall apply regardless of whether the goods are dispatched from the place of fulfilment and who bears the shipping costs.

5. Retention of title

5.1 The hotel retains title to the subject matter of the contract until the contractual claims have been fulfilled in full. In the case of customers who are not consumers, this shall apply until the complete fulfilment of all our claims arising from the entire business relationship with the customer.

5.2 Pledges or transfers by way of security are not permitted. The customer must inform the hotel immediately in the event of seizure of the reserved property by third parties. The customer shall bear all costs incurred for the cancellation of the seizure and the replacement of the reserved property.

5.3 In the case of contracts with customers who are not consumers, the following shall also apply: The customer shall be entitled to resell the subject matter of the contract in the ordinary course of business. However, the customer hereby assigns to us all claims arising from the resale. We accept the assignment. The customer is authorised to collect the assigned claims as long as he is not in default of payment. We are entitled to revoke this direct debit authorisation as soon as the customer fails to meet his payment obligations. In this case, the customer is obliged to provide us with all the necessary information so that we can collect the receivables from his customers ourselves. If the object of the contract is combined with other objects, the reserved ownership of the newly created object shall continue. We thereby acquire a co-ownership share in the ratio of the value of the reserved property (invoice value) to the value of the other combined items. If one of the combined items is to be regarded as the main item, the customer shall transfer co-ownership to us in the ratio of the value of the reserved property (invoice value) to the value of the other combined items. The customer shall store the new item free of charge with regard to our co-ownership share.

5.4 If the law of the country in which the subject matter of the contract is located does not permit the agreement of a reservation of title or only in a limited form, we may reserve other rights to the subject matter of the contract. The customer is obliged to cooperate in all necessary measures (e.g. registrations) for the realisation of the retention of title or the other rights which take the place of the retention of title and the protection of these rights.

6. Warranty claims

6.1 If the services rendered by us prove to be defective, our warranty obligation shall be governed by the statutory provisions, with the proviso that the warranty period for used items shall be 12 months. Claims for damages shall remain unaffected in accordance with Clause 7.

6.2 The following provisions shall also apply to customers who are not consumers: The customer may initially only demand rectification of defects. We shall either repair or replace the defective parts at our discretion. If the rectification fails, the customer may reduce the remuneration or withdraw from the contract. In addition, the customer may demand compensation in lieu of performance, in accordance with Clause 7. If we replace the materials supplied by the customer in the course of rectification work, we shall acquire ownership of the replaced parts. If the defect is due to a defective third-party product, we shall be entitled to assign our warranty claims against the upstream supplier to the customer. In this case, we can only be held liable under the above provisions if the customer has unsuccessfully asserted the assigned claims against the upstream supplier in court. The customer undertakes to notify us immediately of the dispute in the event that the assigned claims are asserted in court and obtain our consent for all agreements with the upstream supplier in relation to the assigned claims. The warranty period for material defects in the services provided by us is 12 months from the transfer of risk. In the case of parts supplied by us which have been used for a building in accordance with their normal use and have caused its defectiveness, the statutory warranty periods shall apply.

7. Liability

7.1 We shall be liable for any culpable breach of our material contractual obligations in accordance with the statutory provisions. Insofar as we are neither guilty of grossly negligent nor wilful behaviour, we shall only be liable for typically foreseeable damage.

7.2 In all other cases, we shall be liable if damage has been caused wilfully or through gross negligence by one of our legal representatives or vicarious agents.

7.3 We shall be liable in accordance with the statutory provisions in the event of the assumption of a guarantee and for damages resulting from injury to life, limb or health.

7.4 Liability in accordance with the Product Liability Act remains unaffected.

7.5 Otherwise, claims for damages arising from breaches of duty against us are excluded.

7.6 No liability is accepted for late delivery by post.

8. Data protection

8.1 The customer agrees to the collection, processing and use of his personal data for the purpose of contract fulfilment and marketing purposes. Your data will be processed automatically by us. In this context, you will only receive advertising information from the shop operator. This data will not be passed on to third parties.

8.2 The security of our customers is our top priority. For this reason, data such as credit card number, bank sort code, account number, name and address are transmitted via a protected SSL line when paying by credit card. This means that no unauthorised person can read the data you enter during transmission over the Internet. To provide additional security in the voucher shop, we apply several additional security measures.

8.3 The rights of the customer in accordance with the Federal Data Protection Act (BDatSchG) remain unaffected.

9. Final provisions

9.1 The place of fulfilment for all obligations of both parties to the contract and the place of jurisdiction for all legal disputes in connection with this contract vis-à-vis merchants, legal entities under public law or special funds under public law is Berlin. The same applies to persons who move their domicile or usual place of residence abroad after the conclusion of the contract or whose domicile or general place of residence is not known.

9.2 The invalidity of the individual provisions of this contract shall not affect the validity of the remaining provisions and the existence of the contract. The invalid provision shall be replaced by a provision that comes closest to the economic content of the invalid provision unless dispositive statutory law applies. The same applies in the event of a loophole.

Imprint

Hotel Adlon GmbH
Unter den Linden 77
10117 Berlin
T +49 30 2261 0
F +49 30 2261 2222
E hotel.adlon@kempinski.com

Managing Directors: Karina Ansos, Xavier Destribats, Marcel Kleffner
Commercial Register Entry: Berlin Local Court, HRB 85703
Sales Tax Identification No.: DE 136750600

Competent Supervisory Authority: Tax Office for Corporations II, Magdalenenstraße 25, 10365 Berlin