General terms and conditions
General Terms and Conditions for the distance selling with the Broermann Health & Heritage Hotels GmbH:
The following conditions are valid for current and future contracts regarding the distance selling of goods and services stated in the online shop. General Terms and Conditions of the customer are not accepted.
1. Terms of Purchase and Supply
The contract is valid with the Dr. Broermann Hotels & Residences GmbH and takes places by consignment of the product. The customer will be informed about the receipt of the order and the corresponding details regarding the contract yet to be concluded (order confirmation).
2. Right of Revocation and Return
2.1 Consumers may revoke the contract in writing (e.g. by mail, fax, e-mail) without giving any reason within 14 days and by return of the goods / voucher. This period begins upon receipt of the goods/ voucher but not before the receipt of this information. To comply with this deadline, the due dispatch of the notice of revocation or the due dispatch of the goods to the following is sufficient:
Broermann Health & Heritage Hotels GmbH
Falkenstein Grand Kempinski · Villa Rothschild Kempinski
Accounting Department / Voucher Return
61462 Königstein im Taunus
2.2 In the event of revocation, the performance received by both parties shall be returned along with any benefits gained. If the consumers cannot, or cannot fully, return or surrender the performance received and benefits gained or only in a deteriorated condition, the consumers shall compensate the Dr. Broermann Hotels & Residences GmbH accordingly. This shall not apply for the permission to use the goods if the deterioration of the goods was caused only by their examination. Moreover, consumers can avoid the obligation to pay compensation for deterioration due to proper use of the item by not using the item as their property and by refraining from any actions that could impair its value. Consumers shall pay the costs for the return consignment.
3. Prices and Payment Term
3.1. There is no cash disbursement for the purchased or ordered vouchers. If the consumption is less than the amount stated on the voucher, the customer will receive another voucher with the remaining amount.
3.2. The statutory value added tax is included in our prices.
3.3. The voucher is only valid upon receipt of the full payment made by the customer.
3.4. All vouchers are valid for three (3) years and must be redeemed within this period.
4. Delivery Terms
4.1. If the Dr. Broermann Hotels & Residences GmbH cannot meet the agreed delivery date due to circumstances for which it is not responsible (operational breakdown, strike, lock-out, power supply problems, our own supplies having been delayed or omitted etc), the hotel shall inform the customer of this immediately. In such case, the customer shall not be entitled to claim rescission.
4.2. Part deliveries shall be permitted if the customer can use the part delivery for the contractually stipulated purpose.
4.3. Where the customer defaults on acceptance, responsibility for the risk shall pass on notification that the goods are ready for dispatch. This applies irrespective of whether or not dispatch takes place of performance and of who bears the transportation costs.
5. Reservation of Title
5.1. The Dr. Broermann Hotels & Residences GmbH retains title of good supplied until settlement in full of all outstanding claims arising under the business relationship with the customer.
5.2. The customer must inform the hotel immediately in the event that the property subject to the reservation of title is seized by a third party. The customer shall bear the cost of reversing such seizure and reacquiring the goods supplied by the hotel.
5.3. The customer shall be entitled to sell the goods subject to the reservation of tittle in the normal course of business provided he is not in default. Liens or assignments of title as security are not permitted. By way of security, the customer hereby assigns to us, in full, all claims, arising from the resale or based on other legal grounds (insurance, tort), which relate to the foods subject to the reservation of title. The hotel revocably authorizes the customer to collect all accounts receivable assigned to the hotel in his own name but for the hotel’s account. At the hotel’s request, the customer shall disclose the assignment and provide the hotel with the information and documentation necessary to collect the accounts receivable. If the goods subject to the reservation of title are combined with other items, the reservation of title shall continue to apply with respect to the newly created item. The hotel shall thereby acquire a co-ownership share in the ratio of the value (invoice value) of the goods subject to the reservation of title to the value of the other combined items. If one of the combined items is regarded as the main item, the customer shall transfer to the hotel a co-ownership share in the ratio of the value of the goods supplied by the hotel (invoice value) to the value of the other combined items. The customer shall keep the newly created item in safe custody, free of charge
5.4. In the event that the law applicable in the country, in which the subject matter of the delivery is located, does not permit the agreement of a reservation of title, or does so only in a limited form, the hotel may reserve other rights over the delivered goods. The customer shall be obliged to assist with all measures (e.g. registration) necessary for effecting the reservation of title or rights in substitution of a reservation of title, and to assist in the safeguarding of such rights.
6. Warranty Claims
6.1. If any of the good services provides by the hotel prove to be defective, the hotels warranty obligation is governed by the statutory provisions with the limitation period for warranty claims shall be 12 months. Claims for damages in accordance with clause 7 remain unaffected.
6.2 For customers who are not consumers, the following provision shall apply additionally:
If there is a defect, the customer has to inform the hotel. The hotel then will choose to replace or repair the defect. Where the rectification of defects fails, the sutomer may either pay a reduced price or rescind the contract. The purchaser may demand comepensation instead of performance, so far as the liability limitation provisions contained in clause 7 do not apply. If, in course of repair work, the hotels exchange materials of the customer which the hotel has delivered, the hotel shall acquire title to the exchanged parts. If the shortage is dues to en erroneous third party product, the Dr. Broermann Hotels & Residences GmbH is entitled to cede the warranty claims against the preliminary supplier to the customer. The hotel can only be consulted in the event of the conditions above, if the customer has taken legal action against the preliminary supplier for the assigned claims. The customer shall be obligated to furnish us with all information in case of a legal assertion of the assigned claims and to seek the hotels consent for the assigned claims with the pre-supplier. The period of warranty for defective goods supplied by the hotel is 12 months from the passing of risk. In the case of goods supplied by the hotel, which have been used in accordance with the normal use of such items, and which have cause the defectiveness of such item shall be barred by the statutory limitation period.
7.1 The Dr. Broermann Hotels & Residences GmbH shall be liable for any culpable breach of our material contractual obligations in accordance with the statutory provisions. However, unless our conduct has been either grossly negligent or intentional, the hotel shall be liable only for the foreseeable damage.
7.2 In all other cases, the Dr. Broermann Hotels & Residences GmbH accepts liability if the damage has been caused intentionally or through the gross negligence of one of its legal representative or senior agent.
7.3 Where a guarantee is given, and in the case of damages in respect of death, physical injury or damage to health, the hotel shall be liable in accordance with the statutory provisions.
7.4 Liability according to the provisions of the German Product Liability remains unaffected.
7.5 Claims for damages due to a breach of obligation shall be excluded against the hotel.
7.6 The hotel shall not be held liable for damage caused by late delivery by Post.
8. Data Protection
8.1 The customer expressly consents to the collection, processing and use of his /her personal data in a form rendered anonymous for purposes of customer information and for market research. The personal data are subject to a computer-assisted processing and storage. The customer will solely receive promotional information from the online retailer. The information will not be shared with third parties.
8.2 The safety of our customers is the hotels number one priority. Therefore all data security-relevant information like credit card number, bank code number, bank account number, name and address is encrypted in the hotels ‘SSL’ (secure server software). This ensures that no unauthorized person can access the customers’ data during the internet transfer. For further security additional security measures are made.
8.3 The customers’ right shall remain unaffected according to the German Data Protection Law.
9. Final Provisions
9.1 The place of performance for the rights and duties of both contracting parties (businessman, legal person or any person whether governed by public law or public law special fund) arising from legal transactions of any kind, as well as for payments in particular, is exclusively Berlin. The same shall apply for persons who do not have their general place of jurisdiction in Germany, or who have relocated abroad following the conclusion of the agreement, or whose place abode or regular place of residence is unknown at the same time of the action being filed.
9.2 The invalidity of individual provisions of this contract shall not affect the validity of the remaining provisions and continued existence of the contract. A reasonable regulations shall apply instead of the ineffective or impracticable provisions or shall fill the gap, which – as far as legally possible – is closest to that what the contractual parties wanted and would have wanted according to the sense and purpose of the contract, so far they had considered the point upon competition of the contract or with later inclusion of a provision.
Broermann Health & Heritage Hotels GmbH
Falkenstein Grand Kempinski · Villa Rothschild Kempinski
Tel: +49 6174 900
Fax: +49 6174 90 90 90
Executive Director: Ivo Schramm, Stefan Massa
Authorized Signatory: Sina Richter
District Court Königstein HRB 6878
Tax Number: 0323174474
VAT: DE 253228541