Legal

PLEASE READ THESE TERMS AND CONDITIONS BEFORE USING THIS SITE. LAST UPDATED 25.07.2023.

Kempinski AG (“Kempinski”) makes information and services available on the Website www.kempinski.com (the “Website”), subject to the following terms and conditions. The access to and use of the Website implies the express and unreserved acceptance of these terms and conditions. The observance and fulfilment of these terms and conditions will be required in relation to any person who accesses or uses the Website. Please do not use the Website if you do not agree to each and every one of these terms and conditions.

Kempinski reserves the right, at its sole discretion, to change, modify, add, or remove any of these terms and conditions, or any information contained in the Website at any time without notice. Unless otherwise indicated, such changes will become effective immediately upon the posting of the changes to the Website. Therefore, please check the Website periodically for such changes. You hereby agree that your continued use of the Website means that you accept the revised terms and conditions.

 

1. Eligibility 

The reservation services of the Website are available only to individuals who are of sufficient legal age and can form legally binding contracts under applicable law. 

You warrant that you are legally authorized to make the travel reservations and purchases for either yourself or for another person for whom you are authorized to act. You agree to be financially responsible for all of your use of the Website. You also warrant that all information provided by you in using the Website is true and accurate and without limitation, or any false or fraudulent reservation. 

To view our Booking Conditions, please click here. 

 

2. Prohibited conduct 

You may not use the Website for any purpose that is illegal or unauthorised, and you are exclusively liable for its consequences. 

Prohibited conduct includes, but is not limited to: 

• using any device, software or routine to monitor, copy, disrupt, alter, destroy, impair, restrict, tamper, interfere with or attempt to interfere with the Website, its content, or its operation, without Kempinski’s prior express written consent;  
• using use any robot, spider, automatic device, or automatic or manual process to monitor, scrape, or copy the Website or any information contained therein, without Kempinski’s prior express written consent; 
• using any viruses, worms, time bombs, and/or other computer programming routines that damage, intercept, disrupt, or harm (or are intended to do any of the preceding) the proper operation of the Website;
• using the Website to collect personal data from others;
• using the Website in any threatening, libellous, slanderous, defamatory, obscene, inflammatory, pornographic, discriminatory, or otherwise offensive manner; 
• engaging in any conduct that is fraudulent, false, misleading or deceptive;
• engaging in any conduct that violates any applicable law.

 

3. Content 

The information and materials contained in the Website are for general references only. Kempinski does not accept liability for the topicality, accuracy, completeness or quality of the information and materials provided unless the mistake occurred intentionally or through gross negligence. In particular, and without limitation, this refers to any loss, additional costs or damage of any kind suffered as a result of any use of any information and materials Kempinski provides on the Website.

 

4. Referrals and links 

Kempinski has no influence on the design and contents of third party material linked, or referred to, from the Website. Therefore, Kempinski expressly distances itself from such material and does not assume responsibility or liability of any nature whatsoever for the activities conducted or information contained in the third party websites. 

 

5. Limitation of Liability

In no event will Kempinski be liable to you or anyone else for any loss or injury or any direct, indirect, incidental, consequential, special, punitive or similar damages arising out of your access to or use of, or your inability to access or use, the Website or any materials on the Website. In addition, Kempinski shall not be liable regardless of the cause or duration, for any errors, inaccuracies, omissions or defects occurring, or authenticity of, information provided, in connection with the Website; or for any delay or interruption in the transmission thereof to you; or for any claim or losses arising therefrom or occasioned thereby. Kempinski shall not be liable for any third party claims or losses of any nature including, but not limited to lost profits, punitive or consequential damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

 

6. Disclaimer 

The content, services and materials in the Website are provided “as is” and on an “as available” basis without representations or warranties of any kind, either express or implied. In particular Kempinski makes no representation or warranty that your use of the Website will be uninterrupted, timely, or free from error.

 

7. Intellectual property 

The Website may contain or reference trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights (collectively the “IP”) owned by Kempinski and/or other parties. No license to or right in any such IP is granted to or conferred upon you. 

All copyright and other intellectual property rights in all text, images, sound, software and other materials contained in the Website are owned by Kempinski or are included with permission of the relevant owners. You may not copy, reproduce, amend, publicly communicate, transform or distribute, by any means and under any form, all or part of the materials included on the Website, if Kempinski, or where appropriate, the holder of the relevant rights, has not previously given their express permission in writing. 

The Website displays or references trademarks which are registered in numerous trademark offices and agencies throughout the world by Kempinski. You may not use these trademarks for any purpose without the express prior written consent of Kempinski. Kempinski considers its trademarks to be valuable assets, and takes infringement of them seriously. 

 

8. Privacy policy 

To view our privacy policy, please click here. 

 

9. Pixlee terms of use 

To view our Pixlee terms of use, please click here. 

 

10. Applicable law and competent jurisdiction 

The terms and conditions, and your use of the Website, shall be governed by the laws of Germany without regard to its conflict of laws rules. You agree to submit to the exclusive jurisdiction of the courts located in Munich, Germany, to resolve any legal matter arising out of these terms and conditions or your use of the Website.

 

11. Severability 

If any part of these terms and conditions should be determined invalid by reason of the relevant laws, it shall be removed without affecting the rest of the terms and conditions. The remaining terms and conditions will continue to be valid and enforceable.

 

12. No waiver 

Kempinski’s failure to insist upon or enforce strict performance of any of these terms and conditions shall not constitute a waiver thereof.