General terms and conditions
1. Scope of Application1.1. These Terms and Conditions (hereinafter called “T&C”) apply exclusively to the Contracts on the purchase of vouchers in the Hotel Kempinski San Lawrenz (hereinafter called “Hotel”) online shop that are concluded between San Lawrenz Operator, registered in Maltese Company register under registration number: C 32912, (hereinafter called “Provider”), Provider’s contact information:
Kempinski San Lawrenz Resort and Spa
Address: Triq ir-Rokon, San Lawrenz, SLZ 1040, Gozo, Malta
Phone No: +356 2211 0000
Fax No: +356 2211 6372
and the person who has expressed an offer to purchase such vouchers (hereinafter called “Customer”). The T&C apply regardless whether the Customer is a consumer, entrepreneur or trader.
1.2. Any agreements made between the Provider and the Customer in connection with the purchase Contract result particularly from these T&C, Provider’s order confirmation and Provider’s declaration of acceptance.
1.3. The T&C are applicable in the version which is valid at the time the Contract is concluded.
1.4. Provider does not accept any of Customer’s deviating terms. This shall also apply if Provider does not expressly object to them.
2. Conclusion of a Contract2.1. The presentation of vouchers and their promotion on the website of the Hotel or in any other internet resource does not constitute a binding offer for concluding a purchase Contract, but rather an invitation to Customer to express an offer for the purchase of the vouchers described in online shop of the Hotel. The Customer expresses such offer to conclude a Contract by filling and submitting an electronic application form to the Provider. By expressing such offer the Customer also thereby acknowledges that he is informed of the rights granted by the voucher and agrees to application of the T&C provided herein.
2.2. A Contract shall be deemed concluded only as soon as the Provider has accepted Customer’s offer by delivering the ordered vouchers to the Customer (“Contract”).
2.4. The language available for concluding the Contract is English.
2.5. The conclusion of the Contract and/or the delivery of the voucher to the Customer itself does not grant any right to use the voucher, make any reservations of the Hotel services and does not impose any obligations on the Provider to provide any services to the Customer, unless the Customer has fully fulfilled his payment obligations towards the Provider according to T&C and invoices issued by the Provider. Reservations on the basis of vouchers acquired by means of the Contract are subject to availability of the Hotel.
3. Consumer’s right of Withdrawal3.1. If the Customer has entered into the Contract as a consumer (i.e., a natural person placing an order for a purpose that is not part of his commercial or professional freelance occupation), the Customer is entitled to exercise the right of withdrawal from the Contract within the scope of legally applicable laws of Malta and European Union.
3.2. Should the Customer make use of his right of withdrawal according to clause 3.1., the costs for withdrawal shall be borne by the Customer.
3.3. Furthermore, those regulations shall apply to the right of withdrawal as they are set out in detail in the following instruction on the Right of Withdrawal:
Instruction for Exercising the Right of Withdrawal The Customer who has entered into the Contract as a consumer is entitled to withdraw from this Contract within 14 days without giving any reasons.
The withdrawal period will expire after 14 days from the date on which the Provider has issued the voucher to the Customer or a third party indicated by the Customer in the electronic application form or, in the case of a multi-item purchase, from the day on which the Provider has issued the last item of the goods to the Customer or a third party indicated by the Customer in the electronic application form.
The withdrawal from Contract or return consignment of the voucher has to be addressed to the Provider according to the following contact information:
Kempinski Hotel San Lawrenz
Address: Triq ir-Rokon, San Lawrenz, SLZ 1040, Gozo, Malta
Phone No: +356 2211 0000
Fax No: +356 2211 6372
For the purpose of exercising Customer’s right of withdrawal, Customer needs to notify the Provider by way of a clear declaration (e.g., by posting a letter, by fax or e-mail) of Customer’s decision of withdrawing this Contract. After receipt of such withdrawal the Provider immediately will send to the Customer (e.g., by e-mail) a confirmation about the receipt of such withdrawal.
Consequences of Withdrawal
If within the withdrawal period Customer exercises the right to withdraw from this Contract, Provider shall repay to the Customer – immediately and within 30 days at the latest from the day on which Provider has received Customer’s withdrawal of that Contract – all payments received from Customer, including costs for postage (except additional costs resulting from the fact that the Customer has chosen a way of postage other than the most reasonable one suggested by the Provider). For making such payment, Provider will use the same mode of payment as was used by the Customer in the original transaction; in no case shall any respective re-transaction fees be charged to the Customer. However, the Provider may hold back return payment as long as the Provider has not received the goods back or until evidence is provided by the Customer that it has returned the goods to the Provider, whatever may apply sooner. The Customer shall return or hand back to the Provider the goods immediately and, in any case within 14 days at the latest, from the day when the Customer has notified the Provider of his withdrawal of that Contract. The time limit is deemed if the Customer posts the goods prior to the expiry of 14 days. The immediate cost of return consignment shall be borne by the Customer.
The Customer shall be held liable for any depreciation in the value of the goods if such depreciation can be traced back to Customer’s inappropriate handling of the goods regarding their nature, features or functional mode.
3.4. If the Customer chooses to withdraw the Contract, he can also fill in the following form and return it to the Provider Template of Withdrawal form
To: Kempinski Hotel San Lawrenz ¦ Triq ir-Rokon, San Lawrenz, SLZ 1040, Gozo, Malta ¦ firstname.lastname@example.org
I/we (*) hereby rescind the Contract concluded by me/us (*) on the purchase of the
following goods (*)/on the rendering of the following services(*)
– Ordered on(*)/received on(*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signed by the consumer(s) (only on hardcopy notification)
3.5. The right of withdrawal is applicable only to Customers, who have entered into the Contract as consumers. The Provider does not accept withdrawals from Customers, who have not entered into the Contract as consumers, and/or from any third parties.
4. Prices, Shipping Costs and Terms of Payment4.1. All prices in our online shop are gross prices and include value added tax (V.A.T.)
4.2. The voucher is only valid upon receipt of the full payment made by the Customer.
4.3. All vouchers are valid for one (1) year after the date of issue and must be used within this period. After termination of the said period the vouchers automatically become invalid.
4.4. Provider’s invoices are due immediately. Payment shall be made by accepted credit card or PayPal or by encrypted immediate online-transaction after the order has been completed.
5. Delivery Dates and Deadlines5.1. The preferred form of delivery is via electronic means.
5.2. If the Provider cannot meet the agreed delivery date for a reason for which the Provider is not responsible (operational breakdown, strike, lock-out, power supply problems, Provider’s own supplies having been delayed or omitted especially in case of conclusion of a concrete covering transaction etc.), Provider will inform the Customer of this immediately. In such case, the Customer shall not be entitled to claim rescission.
5.3. Partial deliveries are permitted to the extent that they are reasonable for the Customer.
6. Retention of Title6.1. The Provider retains title to the goods purchased according to Contract (vouchers) until all legitimate claims of the Provider have been completely fulfilled. For Customers who have not entered into the Contract as consumers, this takes effect until complete fulfilment of all Provider’s claims arising under the total business relation with the Customer.
6.2. After Provider’s claims have been fulfilled according to clause 6.1, Customer obtains the title to the goods and is entitled to use the rights granted by the voucher.
6.3. Pledges and assignment as security are not permitted. The Customer must inform the Provider 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 Provider.
6.4. 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 Provider may reserve other rights over the delivered goods. The Customer is 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.
7. Warranty Claims7.1. For Customers who are consumers the statutory provisions for warranty shall apply. In the event of claiming warranty, please contact the Provider according to contact information as set out in clause 1.
7.2. For Customers who are not consumers, the following provisions apply additionally: Customer’s warranty is firstly limited to the right of reworking or replacement delivery after granting an appropriate period of time. In the event of failure, i.e. impossibility, impracticality, refusal or unreasonable delay in reworking delivered goods or delivering replacement goods, the Customer shall be entitled to withdraw from the Contract or reduce the purchase price appropriately. The period of warranty for defective goods supplied by the Provider is 12 months from the passing of risk. This time limit does not apply to damage claims arising from injury to life, body or health or arising from intentional or grossly negligent breach of duty by the Provider or his agents in contract. In such case shall the statutory provisions shall apply.
8. Liability8.1. Provider is liable for any culpable breach of its’ contractual obligations accordance with the statutory provisions. However Provider shall be liable only for the typically accruing and foreseeable damage. In any case the Provider is not liable for the indirect losses, consequential losses and lost profit of the Customer.
8.2. In the case of damages arising from injury to life, body or health Provider is liable according with the statutory provisions of the Republic of Malta.
8.3. Liability according to the applicable Maltese law and European Union regulations relating to product liability shall remain unaffected.
8.4. Otherwise claims against Provider for damages arising out of breaches of duty are excluded.
8.5. No liability will be accepted for late delivery in the post.
9. Data Protection9.1. Provider collects, processes and uses personal data indicated or provided by the Customer, for the processing of Customer’s offer, including Customer’s e-mail address when the Customer reveals it to the Provider. For the purpose checking the credit standing, Provider may use information (e.g., a so-called score value) from external service providers, and the Customer is hereby granting its consent to the Provider to make use of such personal data limitedly for the purpose so declared. Such information also includes information about Customer’s address. The personal data are subject to a computer-assisted processing and storage. The information will not be shared with third parties, save where such disclosure is required or justified in accordance with European and Maltese data protection legislation.
9.2. Security-relevant data like credit card number, bank code, bank account number, name and address will be transferred encrypted via SSL line. This ensures that no unauthorized person can access data indicated by the Customer during the internet transmission.
9.3. Customer’s rights subject to the applicable Data protection law of the Republic of Malta and European Union laws on data protection shall remain unaffected.
10. Arbitration and Dispute Resolution10.1. The European Commission offers a platform regarding online dispute resolution: http://ec.europa.eu/consumers/odr/. Customers who have entered into contract as consumers can use this platform to settle disputes. The Provider is not willing and not obligated to participate in such dispute resolution processes.
10.2. In case the online dispute resolution procedure is not applicable or is ineffective, all disputes between the Customer and the Provider shall be settled in state courts of the Republic of Malta. In case the Customer has entered into Contract as a consumer, all disputes shall be settled according to applicable regulations of European Union.
11. Final clauses11.1. The place of performance for the rights and duties of Customer (businessman, legal person or any person whether governed by public law or public law special fund) and Provider arising from legal transactions of any kind, as well as for payments in particular, is exclusively Gozo, Malta. The same shall apply for persons who do not have their general place of jurisdiction in Malta, or who have relocated abroad following the conclusion of the Contract, or whose place abode or regular place of residence is unknown at the same time of the action being filed.
11.2. The invalidity of individual provisions of the 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. The same shall apply in case of a gap in the Contract.
11.3. The Contract between the Customer and the Provider, as well as any claims arising out of such Contract or related thereto are governed by the laws of the Republic of Malta. The application of the UN Convention on Contracts for the International Sale of Goods is precluded.
11.4. When exercising the vouchers and receiving Hotel services onsite, the laws of the Republic of Malta, as well as Hotel’s internal regulations apply.