Siam Kempinski Hotel Bangkok Thailand

General terms and conditions

Terms and Conditions of business for the distance selling of vouchers for Siam Kempinski Hotel Bangkok

1. Scope of Application

1.1. These Terms and Conditions (hereinafter called "T&C") apply exclusively to the contracts on the purchase of vouchers in the online shop concluded between ourselves

Siam Kempinski Hotel Bangkok
Kempin Siam Co., Ltd (Branch 00001) 
991/9 Rama 1 Road, Pathumwan
Bangkok 10330 
Tax-Nr.  0105545041426
Tel. +66(0)2 162 9000
Fax. +66(0)2 162 9009

and you as our customer. The T&C apply regardless whether you are a consumer, entrepreneur or trader.

1.2. Any agreements made between you and ourselves in connection with the purchase contract result particularly from these sales terms, our order confirmation and our 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. We do not accept any of the customer’s deviating terms. This shall also apply if we do not expressly object to them.

2. Conclusion of a Contract

2.1. The presentation of articles and their promotion on our website does not constitute a binding offer for concluding a purchase contract, but rather an invitation to you to order the vouchers described in our online shop.

2.2. A contract shall be deemed concluded only as soon as we have accepted your order by our declaration of acceptance or by delivering the vouchers ordered.

2.3. We will save the contractual wording and send the order dates and our T&C to you per e-mail. 

The T&C can be viewed via the link https://kempinskibangkok.myincert.com/shop_content.php/coID/3/content/General-terms-and-conditions#navtrail_anchor at any time. Your order dates will not be accessible on the Internet anymore for security reasons.

2.4. The only language available for concluding the contract is English.

2.5. The voucher will be sent to email of the customer and/or specific recipient if voucher maybe a gift.

3. Prices and Terms of Payment

3.1. All ordered voucher must be pre-paid for the entire purchased amount and are non-refundable

3.2. Our 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.

3.3. The voucher is only valid upon receipt of the full payment made by the customer.

3.4. The purchased or ordered vouchers cannot be redeemed to cash.

3.5. There is no cash disbursement for the purchased or ordered vouchers if the consumption is less than the amount stated on the voucher. 

3.6. All prices indicated in online shop are gross amount.

3.7. All vouchers are valid as indicated in voucher and must be redeemed within mentioned period. The vouchers that are not redeemed within mentioned period, will not be extended.

3.8. If there is a price increase for a service in the time between the voucher is purchased and redeemed, the increase needs to be paid additionally.

3.9. Hotel reserve the right to cancel or withdraw without notification in advance. For this case the full payment will be refunded to guest. 

4. Reservation of Title

4.1. Reservation at least 1 days in advance is required with fully details of the voucher.

4.2. The voucher must be presented upon claim or usage.

4.3. The hotel retains title to the goods until all legitimate claims have been completely fulfilled.  For customers who are not consumers, this takes effect until complete fulfilment of all claims arising under the total business relation with the customer.

4.4. Pledges and assignment as security are not permitted. The customer must inform us 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 ourselves.

4.5. For customers who are not consumers, the following provisions applies additionally: The customer shall be entitled to sell the goods subject to the reservation of tittle in the normal course of business. You hereby assign to us all the claims that arise from the resale. We accept the assignment. You are authorised to collect the assigned debts as long as you are not in default of payment. We are entitled to revoke this direct debit as soon as you cannot meet your payment obligation. In this case you are 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. We 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, you shall transfer to us a co-ownership share in the ratio of the value of the goods supplied by us (invoice value) to the value of the other combined items. You shall keep the newly created item in safe custody, free of charge.

5. Liability

5.1. We are liable for any culpable breach of our essential contractual obligation accordance with the statutory provisions. Essential contractual obligations (so called "cardinal obligations") are such obligations that need to be fulfilled in order for the contract to be properly performed. However, unless our conduct has been either grossly negligent or intentional, we shall be liable only for the typically accruing and foreseeable damage.

5.2. In all other cases we are liable if damages has been caused intentionally or grossly negligently by one of our statutory representatives or by a vicarious agent.

5.3. In the case of assumption of a guarantee or for damages arising from injury to life, body or health we are liable according with the statutory provisions.

5.4. Liability according to the law relating to product liability shall remain unaffected.

5.5. Otherwise claims against us for damages arising out of breaches of duty are excluded.

6. Data Protection

6.1. The customer expressly consents to the collect, process and use your personal data, for the processing of your order, including your e-mail address when you reveal it to us. For checking the credit standing, we may use information (e.g., a so-called score value) from external service providers. Such information also includes information about your address. 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. 

6.2. The safety of our customers is the hotels number one priority. Therefore 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 your data during the internet transmission. This ensures that no unauthorized person can access the customers’ data during the internet transfer. For further security additional security measures are made. 

6.3. Your rights subject to the Federal Data Protection Act shall remain unaffected.

7. Final Provisions

7.1. 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 Bangkok. The same shall apply for persons who do not have their general place of jurisdiction in Thailalnd, 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. 

7.2. 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. The same shall apply in case of a gap in this contract.

Disclaimer:

Siam Kempinski Hotel Bangkok
Kempin Siam Co., Ltd (Branch 00001) 
991/9 Rama 1 Road, Pathumwan
Bangkok 10330 

Tel. +66(0)2 162 9000
Fax. +66(0)2 162 9009
Tax-Nr.  0105545041426