General Terms and Conditions  for Kintsugi - Buzios

 

Terms and Conditions

Last updated: July 22, 2024

Please read these terms and conditions carefully before using Our Service.

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Scope of application
These General Terms and Conditions (hereinafter referred to as GTC) apply to the provision of hotel rooms and/or event facilities as well as to all other related services and deliveries provided by Kintsugi - Buzios, including any advance services in favour of the accommodation guest. Furthermore, all services are based on these GTC. They form an integral part of every contract.

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Amendments to these GTC require an express written agreement between the parties. This also applies to the cancellation of the written form requirement. Should these GTC contradict any contractual terms and conditions of the guest, these GTC shall take precedence. A guest within the meaning of these General Terms and Conditions is any commercially active entrepreneur as well as the end consumer.

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The contractual partners are Kintsugi - Buzios on the one hand and the customer/orderer, hereinafter referred to as the guest, on the other.

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Conclusion of contract
Following the reservation by the guest, the guest receives a written confirmation of reservation from Kintsugi - Buzios (by e-mail, fax or letter). The contract between the parties is concluded when this written confirmation of reservation is sent to the guest. Subsequent changes or cancellations are only possible within the framework of the GTCs.

If a third party has acted on behalf of the guest, the third party shall be liable together with the guest as joint and several debtor for all obligations arising in connection with the hotel reservation.

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Services, payments and prices
All prices are quoted in US dollars (USD) and include the statutory value added tax (VAT). Prices may be displayed in a different currency depending on the geographical location of the user.

Each booking must be guaranteed by a valid debit/credit card. Unless otherwise agreed, the entire invoice amount must be paid by the guest by card or in cash by the time of departure at the latest.

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If payment by invoice is agreed, the full invoice amount is due 14 days after the invoice date. In the event of late payment, Hotel Kintsugi - Buzios is entitled to charge interest on arrears at a rate of 5%, as well as any debt collection costs.

Any advance payments made must be settled at 100% of the total amount up to 3 days before arrival. The advance payment must have been made before the guest's departure, otherwise the guest will be charged on departure. Advance payments are subject to statutory VAT.

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For events, Kintsugi - Buzios is authorised to request an appropriate deposit at any time. The amount of the deposit and the payment dates are agreed in writing in the contract. If the customer does not fulfil his obligation to make a down payment on time, Hotel Kintsugi - Buzios is entitled to withdraw from the contract after setting a reasonable grace period. The customer in breach of contract shall be liable for any damages incurred by Kintsugi - Buzios as a result of the cancellation.

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Kintsugi - Buzios expressly reserves the right to change prices.

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Arrival and departure
Check-in times are from 15:00 to 22:00. For late arrivals, please contact us by e-mail or telephone. Check-out times are from 08:00 to 14:00.

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Liability
The use of the hotel rooms and other premises and the use of the equipment and facilities provided may only be used for their intended purpose. Damage and physical injury due to misuse of the items, facilities or equipment provided are expressly rejected by the hotel. It is also considered improper use if more people use the rented room(s) than originally intended or registered.

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The guest is liable to the Kintsugi - Buzios for all damage and loss or other damage caused by himself, his employees, his agents, his event participants or other third parties.

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Kintsugi - Buzios accepts no liability for theft of or damage to items brought in by the organiser, event participants or third parties.

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Compliance with peace and order
The guest is obliged to maintain peace and order. He undertakes to indemnify Kintsugi - Buzios in full against all claims under civil and public law brought against Kintsugi - Buzios by the authorities or third parties (including event participants, guests or employees and contractual partners of the organiser) as a result of his event, or to pay for all such claims.

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Kintsugi - Buzios is only liable for intentional or grossly negligent contractual or non-contractual damage and only for direct damage. Any further liability, in particular for slight or medium negligence or for indirect damage, such as in particular loss of profit, is excluded. Kintsugi - Buzios accepts no liability whatsoever for the services ordered by the organiser.

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Breakfast
Breakfast is served daily from 08:00 to 11:00 and is included in the room rate.

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Hotel cancellation policy
A reservation can be cancelled free of charge up to 3 days before arrival. Please also note our additional cancellation conditions with regard to Premium/VIP packages and additional options.

Cancellations of hotel room reservations must be communicated in writing as early as possible. For any cancellations after the above-mentioned deadlines or no-shows or early departures, cancellation fees of 100% of the room price will be charged. Any extensions of the cancellation period can be agreed and will be noted accordingly in the reservation.

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Cancellation by the hotel
If an agreed or requested advance payment or other security for payment is not made even after a reasonably short grace period set by the hotel has expired, the hotel is entitled to withdraw from the contract immediately.

Furthermore, the hotel is entitled to withdraw from the contract with immediate effect if the commencement, continuation or complete fulfilment of the contractual relationship is not or no longer reasonable for the hotel, including, but not limited to, if

-force majeure or other circumstances for which the hotel is not responsible make the fulfilment of the contract appear unreasonable,
-rooms have been booked under misleading or false statements of material facts (e.g. in the person of the guest or the purpose),
-the hotel has justified cause to believe that the use of the hotel's services may jeopardise the smooth operation, safety or reputation of the other guests and/or the hotel, without this being attributable to the hotel's sphere of control or organisation.

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In the aforementioned cases, the hotel is entitled to cancel the contract immediately and the guest is not entitled to any compensation. The hotel shall be entitled to any advance payments or payment guarantees made by the guest in accordance with the provisions laid down in the contract.

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Fire regulations and other safety regulations
The customer/guest undertakes to comply with the fire regulations of Kintsugi - Buzios, in particular to keep escape routes clear and to observe the smoking ban. Any decoration material brought in by the organiser must also comply with the fire regulations.

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Applicable law/jurisdiction
The contract shall be governed exclusively by Brazilian law. The place of fulfilment and jurisdiction is Buzios, Brazil. Should individual provisions of these GTC be invalid, this shall not affect the validity of the remaining provisions. In such a case, the invalid provision shall be replaced by a similar but valid provision.

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Data protection
Kintsugi - Buzios undertakes to comply with all data protection regulations when processing customer data. Further information regarding the handling of customer data can be found in the separate privacy policy. The privacy policy is an integral part of these general terms and conditions. By accepting the general terms and conditions, the customer also agrees to the privacy policy.

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Final provisions

The legal relationship between Kintsugi and Buzios shall be governed exclusively by the provisions of Brazilian law.

The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and its amendments and supplements is excluded.

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Kintsugi - Buzios expressly reserves the right to change the GTCS at any time. These can be viewed in the currently valid version on the webshop page.

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Should any provision of these general terms and conditions be invalid, this shall not affect the validity of the remaining provisions or the general terms and conditions as a whole. The relevant statutory provisions shall apply in place of the invalid provision.

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Interpretation and Definitions

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Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

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Definitions

For the purposes of these Terms and Conditions:

• Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

• Country refers to: Brazil

• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Kintsugi - Buzios.

• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

• Service refers to the Website.

• Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. 

• Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

• Website refers to Kintsugi - Buzios, accessible from www.kintsugibuzios.com

• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

 

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

 

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

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Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

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Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

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"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

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Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

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Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

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For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.

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United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.#

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Severability and Waiver

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Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

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Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

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Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

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Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

 

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

• By email: info@kintsugibuzios.com

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