General Terms and Conditions

for Events
and Hotel Accommodation Contracts
General Terms and Conditions
  1. Scope
    1. These general terms and conditions apply to the renting of hotel rooms for accommodation purposes, the hiring of the Hotel’s conference, banquet and meeting rooms for events and to all other related services provided by the Hotel to the Client.
    2. Terms and conditions deviating from these, such as the Client's general terms and conditions, shall not apply.
  2. Conclusion of a contract, parties
    1. The event and/or hotel accommodation contract comes into effect once the Client signs the order confirmation form. The order confirmation form and these terms and conditions together form the “Contract”.
    2. The contracting parties are the Hotel and the Client as defined in the order confirmation form. The entity signing the order confirmation form is liable to the Hotel for all obligations resulting from the Contract.
    3. As a basic principle, the sub- and re-letting of the rented hotel or conference rooms is not permitted and requires the prior written consent of the Hotel.
    4. If the Contract is in relation to an event the following provisions apply:
      1. The Client must obtain any official licences required to hold the event at his/her own expense. The Client is responsible for complying with these licences and all other public law regulations relating to the event. The Client shall be responsible for the orderly conduct of the function and shall ensure that nothing shall be done which will constitute a breach of the law or in any way cause a nuisance. If the Client entrusts the provision of services connected to the event (e.g. set-up work, etc.) to third parties, he/she must ensure all relevant health and safety regulations are adhered to.
      2. The Client must deal with any necessary formalities and payments connected with music performances and sound systems arranged by the Client on his/her own responsibility with the competent bodies.
      3. The Client shall ensure that its guests comply at all times with the Hotel’s policies and code of conduct which may cover such topics as dress code, noise levels and behaviour.
  3. Availability of rooms, arrival and departure
    1. By concluding a Contract the Client is not entitled to the provision of specific rooms unless the Hotel has agreed to provide specific rooms.
    2. Check in and check out times are set out in the hotel’s terms and conditions unless agreed otherwise in the order confirmation form. The Client is not entitled to earlier provision of the rooms before the check in time. If the Client does not vacate the rooms by the check out time then the Hotel may charge 50% of the applicable price for extra use of the room up to 6 pm and the full price from 6 pm.
    3. Use of Hotel facilities is only possible during the corresponding opening times. The current opening times are displayed at the entrance to the facility. The Hotel reserves the right to change the opening times or partially or fully close facilities, in particular owing to renovation work or hotel events or if their use is not possible or only possible to a limited extent for other reasons.
  4. Prices, payment, provision of security, offsetting
    1. The Client is obliged to pay the agreed or current price for the rooms provided and for other Hotel services used. This also applies to services provided by and expenses incurred by the Hotel for third parties which have been arranged by the Client. The agreed and current prices include the corresponding statutory value added tax unless expressly agreed otherwise.
    2. If there is a period of more than four months between conclusion of the Contract and the arrival of the Client or the date of the event and the statutory value added tax or if applicable any local taxes and duties increase in this period after the Contract has been concluded, the Hotel reserves the right to increase the agreed prices by the amount the value added tax and/or local taxes have increased.
    3. Hotel invoices become due for payment in full immediately on receipt. The Client shall be in default at the latest if he/she does not pay the invoice within 14 days of it being received and becoming payable. If the Client is in arrears, the Hotel is entitled to charge interest on arrears at an amount 5 percentage points above the base interest rate. In dealings with businesses the interest on arrears shall be 8 percentage points above the base rate. The Hotel reserves the right to assert a higher claim.
    4. The Hotel is entitled to request an appropriate deposit from the Client and the provision of security, e.g. in the form of a credit card guarantee, on conclusion of the Contract. The amount of the deposit and security as well as payments dates will be set out in the order confirmation form.
    5. In justified cases, e.g. if the Client is in arrears, the Hotel is also entitled to request a deposit or security as per section IV paragraph 4, or an increase in the deposit or contractually agreed security up to the amount of the total price agreed, after conclusion of the Contract up until the arrival date.
    6. In addition, the Hotel is entitled to request appropriate payment in advance or security as described in section IV paragraph 4, after the start and during the Client's stay, for existing outstanding and future debts arising from the Contract if they have not been settled as per paragraphs 4 and/or 5 above.
    7. The Client may only offset an undisputed or legally established claim against a claim of the Hotel.
  5. Client's right of withdrawal, cancellation, no-show by the Client
    1. The Hotel grants the Client a right to withdraw from the Contract as per the rules set out in the order confirmation form.
  6. Hotel's right of withdrawal
    1. If a deposit, payment in advance or security is agreed or requested in accordance with section IV paragraph 4, 5 and/or 6 and is not paid, even after a reasonable period of grace granted by the Hotel has lapsed, the Hotel is entitled to withdraw from the Contract.
    2. The Hotel is furthermore entitled to withdraw from the Contract if:
      1. force majeure or other circumstances beyond the control of the Hotel make it impossible to perform the Contract;
      2. rooms were reserved with misleading or false information being provided with regard to the basic circumstances, such as the identity of the Client or the purpose of his/her stay or the event;
      3. the Hotel has a legitimate reason for assuming that the event or the use of the Hotel's services could significantly jeopardise the normal operations of the Hotel, its safety or its public image, without it having to be attributed to the sphere of influence or organisation of the Hotel itself;
      4. the rooms are sub- or re-let without authorisation; or
      5. insolvency proceedings are instituted with respect to the assets of the Client, or insolvency proceedings are dismissed through lack of assets, or a statutory declaration is made, or the Client discontinues payments permanently.
    3. The Hotel shall inform the Client immediately in writing that it is exercising this right of withdrawal and if applicable – depending on the seriousness of the breach of duty – shall remind the Client of proper contractual behaviour prior to exercising the right of withdrawal.
    4. The Client shall not be entitled to any compensation in the above mentioned cases of legitimate withdrawal by the Hotel, subject to the provisions in section VII below.
  7. Specific provisions in relation to events only
    1. Changes to the number of participants and/or the time of the event
      1. The Client is obliged to inform the Hotel of the number of participant’s event and shall also notify the Hotel of the start and finish times of the event when making the booking.
      2. Any Changes to the number of participants and/ or the time of the event shall be handled as per the rules set out in the order confirmation form.
    2. Providing own food and drink
      1. The Client is not permitted to bring his/her own food and drink to events. Exceptions must be expressly agreed in writing with the Hotel. If such an approval is given the Client shall nevertheless be charged for waiter or beverage services.
    3. Technical equipment, systems and installation
      1. If the Hotel obtains technical and other equipment from third parties on behalf of the Client at the Client's request it shall act in the name of, on the authority of and for the account of the Client. The Client is responsible for handling the equipment with care and returning it in proper working order. The Client releases the Hotel from any third party claims arising from the provision and operation of the equipment.
      2. Use of the Client's own electrical systems and equipment in the Hotel requires prior written consent from the latter. The Hotel is entitled to invoice a flat-rate charge for its use. The Client is liable for failure of and/or damage to the Hotel's technical equipment that is caused by the use of such electrical systems and equipment unless the Hotel itself is responsible for these failures and/or damage.
      3. If the Client installs his/her own electrical systems and equipment the Hotel can request that they are inspected by a competent third party agency of the Hotel’s own in-house electricians and that the Client submits the technical test certificate to the Hotel immediately and without being prompted.
      4. The entertainment activities, certification, licenses for entertainment and fireworks provided by the Client should be reviewed and approved by the Hotel before starting any event at least three (3) days ahead. Fog machines or flammable décor item or fireworks cannot be used indoors nor outdoors. No signboards nor brochures can be placed in the lobby or public areas, the signboards can only be present inside the banquet room. To prevent damage to fragile fixtures and furniture décor item shall not be attached on to fixed walls, flooring, windows or the ceiling with nails, pushpins staples tapes or the like.
      5. In the event where special security arrangements are required because of the visit or presence of an important person in bedroom or ta function, they shall be made under Client’s responsibility and the Hotel must be given three (3) day prior notice of any such arrangement.
      6. The Hotel provides internet access to the Client free of charge. The Hotel is solely an intermediary and the Client has no legal entitlement to uninterrupted use and / or any specific data transmission speed of the internet access.
      7. If Client decide to play music during the event, the sound level shall not exceed limits determined by the applicable law and noise regulation during the music and entertainment activities in order to avoid any disturbance to other guests staying at the Hotel. For events organised outdoors, the music and sound levels shall also be below the foresaid limits and limited to the hours determined by the applicable law and the Hotel.
    4. Loss of or damage to the Client's own property
      1. The setting up of objects of all types must be agreed with the Hotel in advance. The Client bears the risk for damage to and loss of exhibits and other objects of his/hers, including in particular personal items brought into the event rooms by the Client. The Hotel does not assume any liability whatsoever for loss of or damage to such exhibits and objects, subject to the provisions in section IX below. The Hotel recommends Client to arrange a special insurance to provide coverage for any loss or damage to luxury goods stored and used during the event.
      2. Decorations provided by the Client must comply with fire safety requirements. The Hotel is entitled to request official evidence of this. If this evidence is not forthcoming the Hotel is entitled to remove at the Client's expense material that has already been brought in.
      3. Exhibits and other objects must be removed immediately at the end of the event.
      4. The Hotel may remove and arrange for storage materials or object left behind at the Client’s expense.
    5. Security
      1. The Client and the participants or visitors to the event, employees or other third parties associated with the Client, shall to collaborate and follow all the Hotel’s safety procedures and regulations in order to prevent possible accidents and damages to people or material assets.
      2. To the extent permitted by the applicable law, the Hotel does not provide security in the event and function space and all personal belongings left in the event or function space is at the sole risk of the Client.
      3. The Client shall inform its participants, visitors, employees or other third parties associated with the Client to the event that they are responsible for the safekeeping of their personal belongings.
      4. In the event where special security arrangements are required due to the visit or presence of an important person, shall be made under Client’s responsibility and the Hotel must be given three (3) days prior notice of any such arrangement.
  8. Client's liability
    1. The Client is liable for all damage to buildings or fixtures caused by participants or visitors to the event, employees or other third parties associated with the Client.
    2. The Hotel is entitled to request Client to arrange insurance to provide coverage for any liability arising out of or resulting from its obligations pursuant to this Contract.
    3. Except with Hotel’s prior written approval, Client shall not make any reference to or use in any way the signs, symbols or logos of the Hotel or make available publicly photographs taken in the hotel’s premises.
    4. The Client must report any defects relating to the rooms and/or services provided by the Hotel without delay. On the Client's prompt complaint the Hotel shall strive to take remedial action. If the Client fails to report the defects, he/she is obliged to compensate the Hotel for the resulting damage.
  9. Liability of the Hotel, reporting of defects
    1. The Hotel is liable in accordance with statutory provisions for losses arising from personal injury, death and illness and in the event that the Hotel accepts a guarantee and in the case of fraudulently concealed defects.
    2. The Hotel is otherwise only liable for losses arising from an intentional or grossly negligent breach of duty and losses resulting from an intentional or grossly negligent breach of the Hotel's obligations typical to the Contract. Liability for slightly negligent breach of essential contractual obligations is limited to the foreseeable damage typical to the Contract.
    3. The Hotel’s liability to the Client is limited to that set out under local law.
    4. Insofar as parking facilities are made available to the Client in the Hotel's garage or car park, this does not constitute a custody agreement even when a fee is paid. The Hotel does not have a surveillance obligation. The Hotel assumes no liability whatsoever for loss of or damage to vehicles of any type or their contents which are parked or manoeuvred on Hotel property and associated areas, subject to the Hotel's liability under section IX paragraphs 1 and 2. Damages must be claimed against the Hotel by the Client on leaving the Hotel property at the latest.
    5. Wake-up calls, messages, post and deliveries for guests are handled with the utmost care. At the Client's request such items are delivered, stored and forwarded to the Client for a fee. Claims for damages resulting from this service are excluded, subject to the Hotel's liability under section IX paragraphs 1 and 2. The Hotel is entitled to pass on the aforementioned items to the local lost property office after storing them for a maximum period of one month and charge an appropriate fee for doing so.
  10. Final provisions
    1. Changes or amendments to the Contract must be made in writing and signed by the Hotel and the Client. Unilateral changes and amendments by the Client are invalid.
    2. The use of email and facsimile to agree or vary this Contract is not sufficient.
    3. The place of performance and payment is the place of business of the Hotel.
    4. The governing law and jurisdiction of this Contract shall be the place of business of the Hotel.
    5. Should individual provisions of these general terms and conditions be or become invalid or ineffective the validity of the remaining provisions shall not be affected. The same shall apply to omissions in the Contract. In other respects the statutory provisions shall apply.
Kempinski
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