Legal

Legal Notice

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.cigarankempinski.com (the “Website”), subject to the following terms and conditions. Access to and use of the Website implies the express and unreserved acceptance of these terms and conditions. Compliance with and fulfilment of these terms and conditions is required of anyone who accesses or uses the Website. If you do not accept each and every one of these terms and conditions, please do not use the Website.

Kempinski reserves the right, at its sole discretion, to change, modify, add or remove any of these terms and conditions, or any information contained on the Website, at any time without prior notice. Unless otherwise indicated, such changes become effective upon their posting on the Website. Therefore, please check the Website periodically for such changes. You 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 authorised to make travel reservations and purchases either for yourself or for another person for whom you are authorised to act. You agree to be financially responsible for all your use of the Website. You also warrant that all information provided by you when using the Website is true and complete, and without limitation contains no 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 with, interfere with or attempt to interfere with the Website, its content or its operation, without Kempinski’s prior express written consent;
  • using 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 on the Website are for general reference 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 to, 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 on 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 in, or the 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 on 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 licence 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 on the Website are owned by Kempinski or are included with the permission of the relevant owners. You may not copy, reproduce, amend, publicly communicate, transform or distribute, by any means and in any form, all or part of the materials included on the Website, unless Kempinski, or where appropriate the holder of the relevant rights, has previously given their express permission in writing.

The Website displays or references trademarks 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

These 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 is determined to be 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.