Terms & Conditions

 

I. Scope

1. These Business Terms and Conditions shall apply to contracts regarding the provision by rental of hotel rooms for accommodation purposes, as well as all further services and deliveries of the Hotel provided for the customer.

2. The sub- or further letting of the provided rooms, the use of the provided hotel rooms for other than accommodation purposes, public invitation or other advertising measures for interviews, sales and similar events and the use of hotel areas outside of the rented rooms for the aforementioned event shall require the prior explicit consent of the Hotel and can be rendered dependent on the payment of an additional remuneration.

3. With the conclusion of the Hotel Accommodation Contract between the Hotel and the customer exclusively the General Business Terms and Conditions of the Hotel shall apply.

II. Conclusion of contract, partners

1. The contract shall be concluded by the acceptance of the customer’s application by the Hotel. The Hotel is at liberty to confirm the room booking in writing. The contractual partners are the customer and the Hotel (TBP Betriebs GmbH, Hotel Taschenbergpalais Kempinski Dresden, Taschenberg 3, 01067 Dresden) if a third party ordered for the customer it will be liable towards the Hotel together with the customer as joint and several debtors for all obligations from the Hotel Accommodation Contract, insofar as a corresponding declaration of the third party is available to the Hotel.

2. If the booking is carried out through our website a binding booking enquiry will be carried out after entry of your personal data and the duration of stay via the button “Confirm reservation”. A Hotel Accommodation Contract between the Hotel and the customer will only be concluded if a confirmation email is sent to the customer within 24 hours. This confirmation email shall contain all data relevant for the contract, such as booked room category, arrival and departure date, catering services and price information, etc.

III. Services, prices, payment, offsetting

1. The Hotel undertakes to make the rooms booked by the customer available and to provide the agreed services, whereby apart from the room category there is no entitlement to the provision of a certain room.

2. The customer undertakes to pay the prices of the Hotel applicable or agreed for the room provision and the further services used by it after the sending of an invoice. This shall also apply to services initiated by the customer, expenses of the Hotel laid out to third parties.

3. Invoices of the Hotel without a due date are payable within 14 days from receipt without deduction. The Hotel is entitled to deem claims due at all times and to issue an invoice in this respect, which is due and payable immediately. In case of default of payment the Hotel is entitled to request default interest within the meaning of Section 247 German Civil Code [Bürgerliches Gesetzbuch - BGB]. The Hotel reserves the right to present higher damages due to default.

4. Upon conclusion of the contract the Hotel is entitled to request from the customer a reasonable advance payment and/or provision of security in the form of a credit card guarantee. The amount of the advance payment and the payment dates can be agreed in writing in the contract.

5. The customer cannot offset an own claim against a claim of the Hotel, unless this claim has been declared final and binding or is not disputed by the Hotel.

IV. Rescission of the customer (e.g. cancellation of the order, cancellation)/non-use of the service of the Hotel

1. A rescission of the customer of the concluded contract shall require the consent of the Hotel. If this is not carried out then the agreed price from the contract is also to be paid if the customer does not use contractual services. This shall have no effect on statutory rights of rescission or if an adherence to the contract is no longer deemed reasonable for the customer from other rights.

2. Insofar as a free right of rescission was agreed in writing between the Hotel and the customer, the customer can exercise this right at the agreed conditions. The right of rescission shall lapse if the customer does not exercise the right until the occurrence of the conditions.

The customer can rescind the contract at all times before commencement of the rental agreement. The rescission is to be declared towards the Hotel. If the room was booked through a travel agent the rescission must also be declared towards this agent. We recommend you to declare the rescission on a permanent data carrier.

If the customer rescinds before start of the rental period or if the customer does not use the booked room then the Hotel will lose the entitlement to the rental price. Instead the Hotel can request reasonable compensation insofar as the Hotel is not responsible for the rescission or is a result of exceptional circumstances.

The amount of the compensation is fixed as a flat rate and will at least amount to 90% of the gross room price for the overnight stay with or without breakfast. The customer is at liberty to provide the proof that the actual reasonable compensation is lower than the requested flat rate compensation.

The Hotel reserves the right, instead of the aforementioned flat rate compensation to request a higher, individually calculated compensation, insofar as it is proven that substantially higher expenses were incurred to the Hotel than the respectively applicable flat rate compensation. In this case the Hotel undertakes to concretely quantify and substantiate the requested compensation by taking the saved expenses into consideration as well as minus that, which the Hotel acquires by use of the room otherwise.

The rights of the customer to rescission or termination of the contract for good cause shall remain unaffected.

V. Rescission of the Hotel

1. Insofar as the customer was granted a free right of rescission, the Hotel is also entitled, under the conditions of the agreed right of rescission, to rescind the contract if the Hotel has the possibility to let the room otherwise and the customer does not waive its right to rescission following a query of the Hotel.

2. If the agreed or requested advance payment in the form of a proper invoice is not provided either after the setting of a reasonable final deadline within the meaning of Section 286 BGB, the Hotel is entitled to rescission of the contract. If the customer does not pay the requested advance payment following a due invoice, the Hotel is entitled to rescind the contract at the start of the rental period at the latest.

3. Furthermore, the Hotel is entitled to rescind the contract for good cause. Good cause exists in particular:

• In case of force majeure or other circumstances for which the Hotel is not responsible, which render the fulfilment of the contract impossible;
• For rooms, which are booked by providing misleading or false details of essential facts, such as e.g. in the person of the customer or the purpose;
• The purpose or the occasion of the stay is unlawful;
• The Hotel has a substantiated reason to assume that the use of the hotel services may endanger the smooth business operation, the safety or reputation of the Hotel in public, without this being attributed to the scope of control/organisation of the Hotel;
• An unauthorised sub-letting within the meaning of I. No. 2 exists;

4. In case of a justified rescission of the Hotel no entitlement of the customer to damages will be established.

VI. Room provision, hand-over and return

1. The customer shall not acquire any entitlement to the provision of a certain room.

2. Booked rooms will be available to the customer on the agreed day of arrival from 15:00 There is no entitlement to an earlier provision.

3. On the agreed day of departure the rooms are to be cleared and handed over to the Hotel no later than at 12.00 noon. Should the room be cleared and handed over late the Hotel is entitled to invoice 50% of the full accommodation price (list price) for the use that exceeds the contract until 18:00 from 18:00 100%. The customer is at liberty to prove to the Hotel that the Hotel suffered substantially less damages or no damages at all, by the late clearance and hand-over of the room. The continued use of the hotel room by the customer will not substantiate any continuation of the rental agreement or the conclusion of a new rental agreement.

VII. Use of WIFI (WLAN) / Internet

1. The Hotel will make an internet access available to the customer free of charge. If the customer wants to use a higher bandwidth, than that which the Hotel makes available free of charge, this is a fee-based additional service of the Hotel. The Hotel is merely the access broker; there is no legal claim for uninterrupted use and/or a certain speed of the internet access. The use of the WIFI is carried out after hand-over of the hotel- wide access code; in case of minors the release will only be carried out after availability of a written declaration of consent of a legal guardian.

2. The customer undertakes to use the internet access by taking the applicable law into consideration. It in particular undertakes not to distribute or call any contents, which breach any provisions under copyright law or other legal provisions or which are immoral, in particular

• not to distribute or call any unconstitutional, racist or pornographic contents or contents which glorify violence;
• not to call, reproduce, distribute or make accessible to the public any material that is protected under copyright law;

In the event of an infringement of one of the aforementioned obligations by the customer the Hotel is entitled to block the access to the internet access that is made available to the customer free of charge immediately.

3. The customer undertakes to keep the WIFI access password secret and only to forward it to justified third parties, such as e.g. persons included in the rental agreement. The customer undertakes furthermore to pay attention that persons, who are also included in the rental agreement, also only use the free internet access of the Hotel under the condition of Subclause VII.

4. The customer or a third party, who is also included in the rental agreement, is responsible for the data security of its IT system itself. The Hotel is not responsible for possible damages due to malware.

VIII. Registration with GEMA

The Hotel would like to point out to the customer that in case of a musical accompaniment of an event by a band, a DJ or similar features a registration must be carried out at the GEMA (Society for Musical Performance and Mechanical Reproduction Rights [Gesellschaft für musikalische Aufführungs- und mechanische Vervielfältigungsrechte]). The customer is explicitly responsible for the registration and can be deleted by it to the band, the DJ etc. The customer explicitly indemnifies the Hotel from this registration obligation and from all liability in this context, in particular for possibly incurred costs. The customer is informed of the possibility to inform itself under www.gema.de .

IX. Corporate Identity

1. TBP Betriebs GmbH uses for the Corporate Identity of the Hotel the trademark “Kempinski Hotel Group

2. The illustrative material and the logo of the Hotel are protected under copyright and trademark law. A use is only permitted with the explicit consent of the Hotel.

X. Liability of the Hotel

1. The Hotel shall be liable for damages for which it is responsible from the injury to life, the body or the health. For other damages the liability is limited to a wilful or grossly negligent breach of obligations by the Hotel. This limitations shall not apply to obligations of the Hotel under the main contract. A breach of obligations of the Hotel is deemed equivalent to that of a legal representative or vicarious agent. Further claims for damages are, insofar as these are not regulated otherwise in Subclause X., excluded. Should interferences or defects to the services of the Hotel arise, the Hotel make an effort to remedy these in case of knowledge or report of a complaint without delay by the customer. The customer undertakes to contribute that which is deemed reasonable for it in order to remedy the interference and to minimise possible damages.

2. The Hotel will be liable towards the customer according to the statutory provisions for objects brought into the hotel premises. It is recommended to use the hotel or room safe. If the customer intends to bring money, securities and valuables with a total value of more than EUR 800.00 or other objects with a total value of more than EUR 3,500.00 into the Hotel premises, a separate agreement regarding the storage is to be concluded with the Hotel.

3. Objects of the customer which are left behind in the room will only be sent to it subsequently upon request and at its risk and costs. The Hotel will store the found objects for 3 months; after this they will be handed over to the finder. Found objects, which are perishable, will be disposed of immediately.

4. Insofar as the customer rents a parking space on the Hotel car park or this is made available to it free of charge, no safekeeping contract is established hereby.

5. Orders for being woken up will be carried out by the Hotel with the greatest care and attention. Messages, post and goods shipments for the customers will be treated with due care and attention. The Hotel assumes the service, storage and – upon request – against payment of a charge also their subsequent sending to customers.

XI. Final provisions

1. Amendments or addendums to the contract, the acceptance of the application or these business terms and conditions for the Hotel Accommodation should be carried out in a text form.

2. The place of performance and payment is the registered seat of the Hotel.

3. Insofar as the parties involved in the Hotel Accommodation Contract are merchants within the meaning of Sections 1 et seq. German Commercial Code [Handelsgesetzbuch - HGB], the registered seat of the Hotel shall be deemed as agreed as the place of jurisdiction.

4. German law shall apply for all underlying contractual relationships under the exclusion of the UN Convention on Contracts for the International Sale of Goods.

5. Should individual provisions of these General Business Terms and Conditions for the Hotel Accommodation be or become invalid or null and void, this shall have no effect on the validity of the other provisions. The statutory provisions shall then apply, which shall as far as possible correspond with the invalid provision.