General terms and conditions
Terms and Conditions for the long-distance purchase of
Grand Hotel Kempinski Vilnius vouchers
Grand Hotel Kempinski Vilnius
Address: Universiteto str. 14, LT-01122 Vilnius, Lithuania
Phone No: +37052201100
E-Mail: reception.vilnius@kempinski.com
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 Hotel and the Customer in connection with the purchase Contract result particularly from these T&C, Hotel’s order confirmation and Hotel’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. Hotel does not accept any of Customer’s deviating terms. This shall also apply if Hotel does not expressly object to them.
2. Conclusion of a Contract
2.1. 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 Hotel. 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 Hotel has accepted Customer’s offer by issuing Hotel’s declaration of acceptance or by delivering the ordered vouchers to the Customer (“Contract”).
2.3. The Hotel will save the contractual wording and send the order dates and the T&C to Customer by e-mail. The general T&C can be viewed via the link at any time.
2.4. The languages available for concluding the Contract are English and Lithuanian.
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 Hotel to provide any services to the Customer, unless the Customer has fully fulfilled his payment obligations towards the Hotel according to T&C and invoices issued by the Hotel. The voucher can only be used to pay for Hotel services and goods at Lithuania area.
3. Consumer’s right of Withdrawal
3.1. 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 Lithuania 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 Hotel 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 Hotel 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 Hotel according to following contact information:
Grand Hotel Kempinski Vilnius
Address: Universiteto str. 14, LT-01122 Vilnius, Lithuania
Phone No: +37052201100
E-Mail: reception.vilnius@kempinski.com
For the purpose of exercising Customer’s right of withdrawal, Customer needs to notify the Hotel 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 Hotel 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, Hotel shall repay to the Customer – immediately and within 30 days at the latest from the day on which Hotel 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 Hotel). For making such payment, Hotel 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 Hotel may hold back return payment as long as the Hotel has not received the goods back or until evidence is provided by the Customer that it has returned the goods to the Hotel, whatever may apply sooner. The Customer shall return or hand back to the Hotel the goods immediately and, in any case within 14 days at the latest, from the day when the Customer has notified the Hotel 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 Hotel Template of Withdrawal form
To: Grand Hotel Kempinski Vilnius | Universiteto 14, LT-01122 Vilnius, Lithuania | reception.vilnius@kempinski.com
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)
– Date
(*) Delete if inapplicable
3.5. Consumer cannot apply right of withdrawal for used vouchers. For the avoidance of doubt, voucher shall be deemed as used from the moment (any of these cases):
3.5.1. any services or goods were reserved under such voucher;
3.5.2. voucher was submitted to the Hotel for services or goods.
3.6. The right of withdrawal is applicable only to Customers, who have entered into the Contract as consumers. The Hotel 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 Payment
4.1. There is no cash disbursement for the purchased or ordered vouchers. After submitting voucher for services or goods, the voucher shall not be returned to its holder. If the consumption is less than the amount stated on the voucher, the Customer will receive another voucher with the remaining amount Consumer cannot apply right of withdrawal towards such voucher.
4.2. Voucher shall be deemed as invalid and not refundable and exchangeable if such voucher is damaged, defiled, torn or otherwise damaged and therefore it is not possible to identify the voucher number or the amount of money stated on the voucher.
4.3. All prices in our online shop are gross prices and include value added tax (V.A.T.)
4.4. The voucher shall become valid upon receipt of the full payment made by the Customer.
4.5. All vouchers are valid for six (6) months period after the date of issue and must be used within this period. After termination of the said period the vouchers automatically become invalid.
4.6. Hotel’s invoices are due immediately. Payment shall be made by credit card (MasterCard, VISA or verified by VISA) or by encrypted immediate online-transaction after the order has been completed.
5. Delivery Dates and Deadlines
5.1. The term of delivery of vouchers will be agreed individually or stated by the Hotel in acceptance of the Customer’s offer. Because of customs regulations and long shipping ways the exact delivery date cannot be foreseen for deliveries abroad. The delivery will be effected at the address stated by the Customer.
5.2. If the Hotel cannot meet the agreed delivery date for a reason for which the Hotel is not responsible (operational breakdown, strike, lock-out, power supply problems, Hotel’s own supplies having been delayed or omitted especially in case of conclusion of a concrete covering transaction etc.), Hotel 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 Title
6.1. The Hotel retains title to the goods purchased according to Contract (vouchers) until all legitimate claims of the Hotel have been completely fulfilled. For Customers who have not entered into the Contract as consumers, this takes effect until complete fulfilment of all Hotel’s claims arising under the total business relation with the Customer.
6.2. After Hotel’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 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.
6.4. For Customers who are not consumers, the following provisions apply additionally: The Customer shall be entitled to sell the goods subject to the reservation of title in the normal course of business. The Customer hereby assigns to the Hotel all the claims that arise from the resale. The Hotel accepts the assignment. The Customer is authorised to collect the assigned debts as long as he is not in default of payment. The Hotel is entitled to revoke this direct debit as soon as the Customer cannot meet his payment obligation. In this case the Customer is obligated to make all the entries that are required 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.
6.5. 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 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 Claims
7.1. For Customers who are consumers the statutory provisions for warranty shall apply. In the event of claiming warranty, please contact the Hotel 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 Hotel 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 Hotel or his agents in contract. In such case shall the statutory provisions shall apply.
8. Liability
8.1. Hotel is liable for any culpable breach of its’ contractual obligations accordance with the statutory provisions. However Hotel shall be liable only for the direct damages. In any case the Hotel 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 Hotel is liable according with the statutory provisions of the Republic of Lithuania.
8.3. Liability according to the applicable Lithuanian law and European Union regulations relating to product liability shall remain unaffected.
8.4. Otherwise claims against Hotel 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 Protection
9.1. Customer‘s personal data processing is necessary for the performance of a Contract to which the Customer is party or in order to take steps at the request of the Customer prior to entering into a Contract. The personal data are subject to a computer-assisted processing and storage.
9.2. Customer’s rights subject to the applicable Data protection law of the Republic of Lithuania and European Union laws on data protection shall remain unaffected. For more information about Customer‘s personal data processing please find out the Hotel‘s Privacy Policy of the voucher online shop here and general Privacy Policy of the Kempinski website here.
10. Arbitration and Dispute Resolution
10.1. 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 Hotel is not willing and not obligated to participate in such dispute resolution processes.
10.2. A Consumer who is not satisfied with the reply from the Hotel shall have the right to apply to the Lithuanian State Consumer Rights Protection Authority regarding the same dispute matter, in order to protect his infringed or disputed rights or lawful interests, by filing an application in writing or by electronic means. A completed and signed application form together with the supporting documents should be sent to the State Consumer Rights Protection Authority by post to the following address: Vilniaus str. 25, LT-01402 Vilnius, Lithuania, to the E-Mail: tarnyba@vvtat.lt or by Fax No: +37052791466.
10.3. In case the online dispute resolution procedure is not applicable or is ineffective, all disputes between the Customer and the Hotel shall be settled in state courts of the Republic of Lithuania. In case the Customer has entered into Contract as a consumer, all disputes all disputes between the Customer and the Hotel shall be settled in state courts of the Republic of Lithuania unless applicable regulations of European Union specify otherwise.
11.1. 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 Hotel arising from legal transactions of any kind, as well as for payments in particular, is exclusively Vilnius, Lithuania. The same shall apply for persons who do not have their general place of jurisdiction in Lithuania, 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 Hotel, as well as any claims arising out of such Contract or related thereto are governed by the laws of the Republic of Lithuania. 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 Lithuania, as well as Hotel’s internal regulations apply.
