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Website Terms & Conditions

These terms and conditions ("Consumer Terms and Conditions") apply to your use of the gift voucher web site ("Website"), and when you purchase a Jumeirah Frankfurt gift voucher ("Gift Voucher"). 

We are Jumeirah Management Services Germany GmbH, Thurn-und-Taxis-Platz 2 60313 Frankfurt am Main, Deutschland (“Jumeirah Frankfurt”), however, as you have selected to purchase a Gift Voucher, we would draw your attention to the fact that this section of the Website is managed by SK Chase Limited ("SK Chase"), who acts as an agent for Jumeirah Frankfurt and who will collect payments from you on behalf of Jumeirah Frankfurt. SK Chase is a company incorporated in Scotland (No SC253912) with its registered office at 31 Palmerston Place, Edinburgh, EH12 5AP.  The Jumeirah Frankfurt website has separate terms and conditions which apply to the use of that website. 

Before placing an order on the Website, you will be asked to agree and to be legally bound by these Consumer Terms and Conditions. Please read them carefully before you submit your order. If you do not accept these Terms, you will not be able to order any products from the Website.

We, Jumeirah Frankfurt reserve the right to vary these Consumer Terms and Conditions from time to time. It is your responsibility to regularly review these Consumer Terms and Conditions before each purchase to keep up to date with any changes to them.  If we need to revise these Consumer Terms and Conditions as they apply to your order, we will contact you to give you reasonable advance notice of the changes and to let you know how to cancel the order if you are not happy with the changes.  If you opt to cancel and you have ordered more than one Gift Voucher, you can cancel in respect of one Gift Voucher or all of the Gift Vouchers. After receipt of your notice of cancellation, SK Chase will arrange a full refund of the price you have paid on our behalf, which shall include any delivery charges if you have selected the postal option for delivery (irrespective of whether you have already received the Gift Voucher).  If you have already received the Gift Voucher which you have cancelled, you should destroy it. Your rights under these Consumer Terms and Conditions or under mandatory statutory consumer protection provisions shall remain unaffected by the exercise of your right to cancel.

  1. Purchase

1.1 The Website offers gift vouchers for sale.

1.2 No contract for the sale of any Gift Voucher will subsist between you and Jumeirah Frankfurt unless and until Jumeirah Frankfurt accepts your order by way of an email (issued by SK Chase) detailing the content of the Gift Voucher purchased and confirming your details (the "Confirmation"). The Confirmation will be sent to you by SK Chase (on behalf of Jumeirah Frankfurt). The Confirmation amounts to an acceptance by Jumeirah Frankfurt of your offer to buy Gift Voucher(s) from Jumeirah Frankfurt or a third party supplier that is engaged by Jumeirah Frankfurt.

1.3 You must check that the details of the Confirmation are correct as soon as possible and you should print out and keep a copy of it.

1.4 If purchasing a Gift Voucher through the Website or on the telephone, payment shall be taken on our behalf by SK Chase as agent for us by credit or debit card. You can make payments with the following cards: Mastercard, Visa, Delta, American Express, Switch or Solo).  Please note that any payments deducted by SK Chase from your account, or refunded back to you will appear on your statement as being from SK Chase.  It may be possible to purchase a Gift Voucher in person from Jumeirah Frankfurt, in which case you can make payment by cheque, cash or PDQ machine and you shall receive a receipt from Jumeirah Frankfurt.

1.5 You undertake that all details you provide to Jumeirah Frankfurt and SK Chase for the purpose of ordering any Gift Vouchers are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the Gift Voucher ordered.

1.6 In order to protect your details during ordering, the Website uses a software package known as Secured Sockets Layer (SSL), which is indicated by a padlock which will appear in the bottom left hand corner of the web browser (grey border area of the screen).

  1. Issuing Gift Vouchers

2.1 Each Gift Voucher sold is subject to terms and conditions of use which can be viewed on the Website alongside each individual Gift Voucher which shall apply in addition to the terms in these Consumer Terms and Conditions.  All prices on the Website are inclusive of VAT (where applicable).

2.2 Once your order has been processed by SK Chase (on our behalf), SK Chase shall be responsible for issuing, posting first class (or special delivery, airmail or international signed for if requested) and performing any other terms set out in the Confirmation. Please allow seven (7) days for UK delivery during peak postal time.  There is no dispatch or delivery on UK bank holidays or weekends.  Please note that delivery is by Royal Mail therefore neither Jumeirah Frankfurt nor SK Chase can be held responsible for delays caused by the postal system.  Neither  Jumeirah Frankfurt nor SK Chase accept liability for any delay which may occur in the delivery times which are due to circumstances outside its control.  You may cancel an order in such circumstances.  To cancel your order, please contact SK Chase by email at [email protected] or by phone at 0344 371 0071. 

2.3 You may either choose to collect your voucher from Jumeirah Frankfurt (where available), postal delivery or email (where available).  In respect of postal deliveries, SK Chase uses Royal Mail to deliver your order.  Please note that postage and packaging charges are not included in the Gift Voucher prices. Any postage and packaging charges which apply are advised to you during the check-out and ordering process before you confirm your order.

2.4  Orders will be dispatched in accordance with the following timescale:

2.5  The mailing is made from the United Kingdom, and the customers are given the following mailing options :

2.6  On some occasions where SK Chase has dispatched your Gift Voucher order it gets lost in the post.  If you have not received your order 5 days after placing the order for mailing with the UK (or 25 days in the case of International Signed For delivery), please contact SK Chase in accordance with the contact details set out in clause 4.1.  SK Chase may need to cancel your original order and issue you with a new Gift Voucher.  In this situation you should destroy the original Gift Voucher if it is eventually received as it will no longer be valid.

2.7       If the delivery deadline for any Gift Vouchers is missed and any of the following apply, then you may cancel your order straight away:

If you do not wish to cancel your order straight away, or do not have the right to do so under this clause 2.7, you can give SK Chase (acting as Jumeirah Frankfurt's agent) a new deadline for delivery, which must be reasonable, and you can cancel your order if the new deadline is not met.

If you do choose to cancel your order for late delivery under this clause 2.7 and you have ordered more than one Gift Voucher, you can cancel in respect of one Gift Voucher or all of the Gift Vouchers, unless splitting them up would significantly reduce their value. After you cancel your order SK Chase (on behalf of Jumeirah Frankfurt) will refund any sums you have paid to SK Chase for the cancelled Gift Voucher and its delivery. 

  1. Consumer right of withdrawal

Withdrawal Policy for Purchase Contracts with Consumers – Gift Voucher Purchase

A consumer within the meaning of § 13 of the German Civil Code (“BGB”) is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. The right of revocation does not apply if it is not provided for by law, e.g. in the cases of § 312 g para. 2 BGB.

Right of withdrawal

You have the right to withdraw the contract for the purchase of a Gift Voucher within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the Gift Voucher. To exercise your right of withdrawal, you must inform us

Jumeirah Management Services Germany GmbH, Thurn-und-Taxis-Platz 2 60313 Frankfurt am Main, Germany

Telephone: +49 (0) 69 297237 348

E-mail: [email protected]

of your decision to withdraw the contract. You can use the sample withdrawal form below for this purpose, which is, however, not mandatory.

To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of revocation:

If you withdraw the contract, we shall reimburse you all payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal of the contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the Gift Voucher(s) back or until you have provided proof that you have returned the Gift Voucher(s) to us, whichever is the earlier.

You must return the Gift Vouchers without undue delay and in any event no later than fourteen days from the day on which you notify us of the withdrawal of the contract to:

Jumeirah Management Services Germany GmbH, Thurn-und-Taxis-Platz 2 60313 Frankfurt am Main, Germany.

or to hand it over. The deadline is met if you send the Gift Voucher(s) before the end of the fourteen-day period. We will bear the costs of the return shipment.

If the Gift Voucher has already been redeemed in part or in full, you must pay compensation for the value of the nominal value already redeemed in the event of cancellation.

Sample withdrawal form

If you wish to withdraw the contract, please complete and return this form. 

-     To: Jumeirah Management Services Germany GmbH, Thurn-und-Taxis-Platz 2 60313 Frankfurt am Main, Germany, E-mail: [email protected]

-     I/we (*) hereby withdraw the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

-     Ordered on (*)/received on (*)

-     Name of the consumer(s)

-     Address of the consumer(s)

-     Signature of consumer(s) (only in case of paper communication)

-     Date

_______
(*) Delete where inapplicable.

  1. Complaints Procedure and after sales customer assistance

4.1 If you have any questions relating to a purchase you are considering or how to redeem your Gift Voucher, please contact Jumeirah Frankfurt. If your query relates to payment please direct your queries to SK Chase.

You can contact Jumeirah Frankfurt at +49 (0) 69 297237 348 or [email protected] and SK Chase at  0344 371 0071 or [email protected]

  1. Warranty and Liability

5.1 Jumeirah Frankfurt warrants (gewährleistet) to provide the services for which the Gift Voucher was purchased in accordance with the description on the Website and the Jumeirah Frankfurt website (if applicable) and with reasonable skill and care. Jumeirah Frankfurt makes no guarantees or other representations in relation to the services.

5.2 The following regulations apply to the liability of Jumeirah Frankfurt as well as to the own liability of its employees, vicarious agents and assistants including those and SK Chase - irrespective of the legal grounds.

5.3 Liability for damages is limited as follows:

(a) Jumeirah Frankfurt's liability is limited to the amount of damages typically foreseeable at the time of the conclusion of the contract for the slightly negligent breach of cardinal obligations (i.e. material obligations the performance of which is owed by Jumeirah Frankfurt and is of eminent importance for the achievement of the purpose of the contract or the compliance with which is owed by Jumeirah Frankfurt and the breach of which may result in the achievement of the purpose of the contract being jeopardised);

(b) Jumeirah Frankfurt is not liable for the breach of any other obligation due to ordinary negligence.

5.4 In cases of initial impossibility, Jumeirah Frankfurt is liable if it was aware of the impediment to performance or the lack of knowledge was due to gross negligence.

5.5 The limitation period for claims for damages against Jumeirah Frankfurt is one (1) year calculated from the statutory commencement of the limitation period.

5.6 If claims for damages are made, they must be asserted by legal action within six (6) months of written rejection by Jumeirah Frankfurt. A later assertion is excluded unless independent proceedings for the taking of evidence have been initiated within the period.

5.7 The above provisions on limitations and exclusions of liability as well as on the limitation period and the exclusion of claims do not apply to claims under the German Product Liability Act (“Produkthaftungsgesetz”) or in the case of damage resulting from injury to life, limb or health and in the case of intentional or grossly negligent breach of duty.

  1. Copyright

The Website is protected by copyright, and other intellectual property rights and laws.  We or SK Chase are the owner or the licensee of all copyright, trade marks, design rights, patents and other intellectual property rights on this Website, and the material published on it. You may view the Website and download part(s) of it to a personal computer for personal viewing for private purpose, but for no other purpose whatsoever. NONE OF THE CONTENT MAY BE DOWNLOADED, COPIED, REPRODUCED, TRANSMITTED, STORED, SOLD OR DISTRIBUTED FOR ANY NON PERSONAL PURPOSE WITHOUT OUR PRIOR WRITTEN CONSENT.

  1. Disclaimer for the Website

SK Chase is responsible for the content of the Website in accordance with the provisions of general law, in particular in accordance with Section 7 (1) of the German Telemedia Act (“TMG”). All contents are created with due care and to the best of our knowledge. Insofar as the Website refers to third-party websites by means of hyperlinks, no guarantee can be assumed for the continuous up-to-dateness, correctness and completeness of the linked content, as this content lies outside the area of responsibility of SK Chase and SK Chase has no influence on the future design. If, in your opinion, any content violates applicable law or is inappropriate, please notify us.

  1. Governing Law and Jurisdiction

8.1 You are only entitled to rights of set-off and retention if your counterclaims have been legally established, are undisputed or have been recognised by Jumeirah Frankfurt. Furthermore, you are only entitled to exercise any right of retention insofar as your counterclaim is based on the same contractual relationship.

8.2 The purchase of Gift Vouchers as well as these Consumer Terms and Conditions and the Website shall be governed by the laws of the Federal Republic of Germany, excluding the rules of private international law. The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

8.3 These Consumer General Terms and Conditions are written in German and English. However, only the German version is legally valid and binding.

8.4 Verbal collateral agreements are invalid. Deviating or supplementary terms and conditions as well as amendments to the contract, including this written form clause, shall only apply if they are agreed in writing and expressly marked as an amendment or supplement.

8.5 The possible invalidity of one or more provisions of these Consumer General Terms and Conditions shall not affect the validity of the remaining provisions.

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