General terms and conditions of use
The S.R.L. Un Huit Hotels (hereinafter referred to as UN HUIT HOTELS) offers on the Site a presentation and booking service for the Hotel Mila and other additional services (hereinafter referred to as the 'Site'). The Hotel is located Place Fontainas 18-20 1000 Bruxelles.
In this context, UN HUIT HOTELS edits the website TO COMPLETE (the "Site"), enabling Users to find out more about the UN HUIT HOTELS brand, its activities, services and events and to book the UN HUIT HOTELS services available at the HOTEL MILA Hotel located Place Fontainas 18-20 1000 Bruxelles.
These General Terms and Conditions of Use set out the rules applicable to access and use of the Site.
Use of the Site is subject to careful reading and prior acceptance of these General Terms and Conditions of Use, which all Users undertake to respect. The GCU set out the rules applicable to access and use of the Website and in particular to the Services offered therein.
1 - DEFINITIONS
"Client": means a User of the Site or a beneficiary of UN HUIT HOTELS's Services, in the capacity of private individual or professional.
"Other UN HUIT HOTELS Conditions": refers to all the general conditions of use and sale other than these GCU, as well as the legal information applicable to UN HUIT HOTELS Services, the Legal Notice, the Personal Data Protection Policy.
"General Conditions of Use" or "GCU": means this document which governs relations between UN HUIT HOTELS and Users with regard to access and/or use of the Site, to the exclusion of any other document.
" UN HUIT HOTELS General Conditions of Sale": refers to the general conditions of sale of UN HUIT HOTELS Services, "GCS".
"Partner Conditions": refers to all the general conditions of use, other than these GCU and Conditions of Sale, applicable to the Partner Services.
"User Data": refers to all data entered, recorded, added, shared and communicated on the Site by the User in the context of using the Site, in particular UN HUIT HOTELS Resources, such as, but not limited to, quotes, photographs, comments and personal data.
"Element(s)": means any content (including, but not limited to, graphics, images, photos, videos, drawings, maps, plans, logos, names, trademarks, texts, information and other documentation, databases), including Resources, accessible, visible and/or available on or via the Site.
" UN HUIT HOTELS ": refers to UN HUIT HOTELS, a limited company, whose registered office is located at Place Fontainas 18-20 1000 Bruxelles, registered with “the Banque Carrefour des Entreprises” under number BE: 0789.459.343, owner of the Site, and holder, in particular, of the related intellectual property rights.
"Legal Notice": refers to the Site's legal notice.
"Partners": means either (i) third party partners who have entered into a partnership with UN HUIT HOTELS so that Partner Services may be offered on the Site, in particular in the provision of UN HUIT HOTELS Services, and which may only be ordered from said Partners, via, where applicable, their own website.
"Personal Data Protection Policy": refers to UN HUIT HOTELS personal data processing policy.
"Sections": refers to the various categories appearing on the Site in which the content offered on the Site is classified, grouped, where applicable, by theme.
"Services": refers to all the services offered on the Site, including customer services (restaurant reservations, event organization, catering, etc.).
" UN HUIT HOTELS Services" refers to the Services offered by UN HUIT HOTELS on the Site and subject to the UN HUIT HOTELS General Conditions of Services.
"Partner Services" refers to the Partner Services offered on the Site and which are subject to the Partner Conditions.
"Site": refers to the TO COMPLETE website.
"User": refers, unless otherwise stated, to any person accessing the Site directly or indirectly.
2 - PRIOR ACCEPTANCE OF THE CGU
The GCU govern all relations between UN HUIT HOTELS and any User, who expressly accepts the terms of the GCU and has read the Legal Notice.
Reading and unreserved acceptance of the GCU is imperative and conditions access to and use of the Site and the Services offered therein.
By visiting and/or accessing and/or using the Site for the first time, the User acknowledges that he/she has read and expressly accepts the GCU, and undertakes to comply with its terms and conditions.
Before accessing the Services, the User also acknowledges the Terms and Conditions and expressly accepts their terms.
UN HUIT HOTELS allows the User to edit the GCU in order to keep them on a durable medium.
The User may at any time consult, download in PDF format or print the current GTC, available on every page of the Site by clicking on the "General Terms & Conditions & Personal Data Policy" tab.
3 - PERIOD OF VALIDITY
These GCU are entered into for the entire duration of use of the Site, subject to acceptance.
UN HUIT HOTELS reserves the right, at any time, to make any changes to the GCU that it deems necessary and useful, in particular to adapt to changes in regulations, legislation and case law, as well as to changes in the Site and the Services offered therein.
UN HUIT HOTELS undertakes to inform Users as soon as possible on the first page of the Site.
Any User who continues to use the Site after the entry into force of the modifications to the GCU irrevocably accepts the modified GCU. Failing this, the User is deemed no longer to be accessing the Site. The applicable GCU are those in force at the time of browsing the Site, unless expressly provided otherwise by law.
4 - CONDITIONS OF ACCESS TO THE SITE
The Site can be accessed at https://TO COMPLETE by any User with the legal capacity to subscribe to these GCU.
To access the Site, the User must ensure that he/she has the technical and telecommunications resources (computers, software, telecommunications resources, etc.), in particular broadband Internet access and a suitable access terminal (computers, smartphones, tablets, etc.). These resources are the sole responsibility of the User, as are the costs incurred by their use.
It is the User's responsibility to ensure that the IT and transmission resources at their disposal can be adapted to changes in the Site.
5.- SITE CONTENT
General
The Site offers Users the opportunity to use/benefit from the Services described on the Site, which enable Users to:
keep up to date with UN HUIT HOTELS's activities, news and services;
consult the Services on offer;
book the services offered by UN HUIT HOTELS.
5.2. Partner Services
The Site may offer the User the possibility of consulting Partner Services referenced, where applicable, by category and sub-category, with a view to being able, if they so wish, to order them directly from the said Partner outside the Site.
UN HUIT HOTELS thus offers Users access via hypertext links, placed in the various Sections relating in whole or in part to Partner Services, to Partner websites in order to obtain more information on the said Partner Services and, where applicable, to order them from the Partner concerned.
The Partner Services are provided independently by the Partners and under their sole responsibility.
The conditions applicable to the Partner Services, and in particular to ordering or subscribing to them, are set out in the General Terms and Conditions of Partner Services.
6 - RESPONSIBILITIES OF THE USER
In addition to the User's other obligations under the GCU and other applicable UN HUIT HOTELS Terms and Conditions, the User undertakes to comply with the provisions of this article.
6.1.- Commitments of the Customer/User
The User undertakes to comply with the laws and regulations in force and the GCU throughout their period of validity/application and to access the Site in good faith and in a reasonable manner.
The User is solely responsible for providing the information requested on the Site and required to access/use the Services.
The User guarantees that the User Data is accurate and in accordance with reality and undertakes to inform UN HUIT HOTELS of any update to its User Data.
The User undertakes to use the UN HUIT HOTELS Resources in accordance with the purposes described in the GCU. To this end, he undertakes to respect the intellectual property rights of UN HUIT HOTELS on the UN HUIT HOTELS Resources.
Users are also prohibited from disrupting or interrupting access to or the operation of the Site or the servers or networks connected to the Site, or infringing the requirements, procedures, rules or regulations of the networks/tools connected to the Site, as well as :
attempt to damage any user, host or network, including, but not limited to, deliberately or negligently exposing the Site to a virus, creating a saturation point or flooding the server;
attempt to access data not intended for the User or to enter a server to which the User does not have access;
attempt to probe or test the vulnerability of a system or network, or to breach security or authentication measures;
usurp the identity of another person or another User;
carry out an activity or incite a third party to carry out an illegal activity or any other activity that would infringe the rights of UN HUIT HOTELS, its partners, its investors, its customers or any other User,
transmit or transfer (by any means whatsoever) information or software derived from the Site, in particular to any person not expressly authorized by UN HUIT HOTELS and/or in violation of any applicable national or international law or regulation.
6.2.- Responsibilities of the User
The User is solely responsible for the proper functioning of his/her computer equipment and access to the Internet and ensures the proper and effective use of computer and telecommunications resources to access the Site and the knowledge required to use the Internet and access the Site.
The User acknowledges that he/she has checked that the computer configuration he/she is using contains no viruses and is in perfect working order. The User undertakes to implement any means or procedure to ensure the security of the hardware and software enabling him/her to use the Site.
The User is solely responsible for the use of the Site and all activities carried out as well as the use of the Elements offered via the Site, any interpretation, any decision taken and any action implemented on the basis of the information contained or obtained via the Elements.
The User remains solely responsible for the quality, legality and relevance of the data, declarations and content that he/she transmits for the purposes and in the context of use of the Site. The Customer declares and confirms that he/she alone is responsible for the use he/she makes of the User Data and for any damage that may result from non-compliant use.
6.3 Consequences
Unless expressly provided otherwise, at any time and for any reason whatsoever, UN HUIT HOTELS may implement any means enabling it to terminate, without notice in the event of a serious breach, a User's use of the Site, as the case may be, for any conduct violating these GCU, the law or the rights of a third party, without prejudice to any damages and interest that UN HUIT HOTELS reserves the right to claim in the event of non-compliance with these GCU.
The User undertakes to guarantee, indemnify and hold harmless UN HUIT HOTELS (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers involved in accessing and using the Site) from and against any and all claims, complaints, demands, damages (direct and indirect) of any kind and category, known and unknown, including reasonable attorneys' fees, resulting from the User's failure to comply with the GCU, any law or the rights of a third party.
7 - UN HUIT HOTELS'S OBLIGATIONS and LIABILITIES
UN HUIT HOTELS undertakes to comply with these GCU and the Other UN HUIT HOTELS Conditions.
UN HUIT HOTELS will do its utmost to ensure that the Site and the UN HUIT HOTELS Resources offered are accessible at all times. UN HUIT HOTELS cannot guarantee absolute availability and accessibility given the nature and complexity of the Internet network. The User declares that he/she is aware of the characteristics and limits of the Internet, in particular its technical performance, response times for consulting or sending data and the risks associated with the security of communications.
The operation of the Site may be temporarily interrupted, including in cases of force majeure, scheduled or unscheduled maintenance, technical updates or improvements, emergency repairs to the Site, to change its content and / or presentation, or due to circumstances beyond the control of UN HUIT HOTELS.
UN HUIT HOTELS will take all reasonable measures to limit such disruptions insofar as they are attributable to it and/or the consequences thereof. In the event of a planned interruption, this will be notified by a notice on the home page of the Site or by any other means.
UN HUIT HOTELS shall not be held liable if Users are unable to connect to all or part of the Site due to disruption of telecommunications providers, network congestion or a failure in the User's installations and equipment, considering that the User remains solely responsible for the choice of his/her operator/provider of access to the Internet network.
Unless expressly provided otherwise in the applicable Other UN HUIT HOTELS Conditions, UN HUIT HOTELS shall in no event be liable for damages of any nature whatsoever that may result from these changes and/or temporary unavailability or closure of the Site and/or unavailability of Resources, non-functioning, inability to access, suspension or interruption of the Site, or poor conditions of use of the Site and/or UN HUIT HOTELS Resources, for any reason whatsoever and shall not be liable for direct or indirect damages of any nature whatsoever resulting therefrom.
UN HUIT HOTELS will use its best efforts, taking into account applicable regulations, to secure the Site and the data processing carried out through its use, as well as to provide up-to-date and accurate information and Resources.
However, subject to the provisions of the Other Applicable UN HUIT HOTELS Conditions, all UN HUIT HOTELS Resources and, more generally, all Elements are provided to the User without guarantee of any kind, whether implicit or explicit, concerning in particular their integrity, accuracy, timeliness, availability, reliability, quality or completeness or their suitability for the use that the User intends to make of them.
UN HUIT HOTELS is always open to comments from the User regarding the Elements, which may be sent in accordance with the process described in the "Contact" link. UN HUIT HOTELS cannot be held responsible for any errors or omissions in the Elements.
UN HUIT HOTELS has no control over the use of the Elements, and in particular the Resources and their results which result either from calculations and analyses carried out by certain Resources on the basis of information provided by the User which UN HUIT HOTELS does not control and/or from the particular use, including misuse, made thereof by the User or any third party mandated by the latter and which UN HUIT HOTELS does not control either.
UN HUIT HOTELS cannot therefore guarantee the quality of the use of the Elements or be held responsible for any prejudicial consequences that may result for the User or for third parties from the use, analysis, interpretation or processing of the purely indicative Elements by the User or a third party.
Subject to the guarantees granted in the other applicable UN HUIT HOTELS Conditions, UN HUIT HOTELS declines all responsibility for damages, direct or indirect, whether foreseeable or not, caused by, originating from or based on the use or the impossibility of using the Elements, their contents as well as for any credit given to any information/result from the Elements and in particular any moral prejudice, bodily or material damage, including any loss of equipment, profits, savings, turnover, clientele, loss of chance, commercial opportunity, costs of replacing services or technologies or loss of data suffered by the User, damage to image, damage to physical integrity and any action brought against the User. Consequently, these damages do not entitle the User to compensation from UN HUIT HOTELS.
The Site also contains information provided by third parties, in particular relating to Partner Services. UN HUIT HOTELS has no control over this information. Consequently, UN HUIT HOTELS declines all responsibility in the event of error or omission in this information as well as in the event of damage resulting from the use of, access to or inability to use this information.
UN HUIT HOTELS also declines all responsibility towards Users in the event that third-party Partner Services contravene the contractual provisions agreed with the said Partner, or the legal and regulatory provisions in force.
Nevertheless, UN HUIT HOTELS will use its best endeavors to forward, as soon as possible, to the third-party Partners concerned, any sufficiently precise questions or complaints from Users relating to the Partner Services.
Finally, subject to the provisions of the Personal Data Policy applicable to User Data, UN HUIT HOTELS shall not be liable in the event of accidental destruction of User Data by UN HUIT HOTELS, the User or a third party or any other unlawful intrusion, considering that the backup of said data is the responsibility of the User.
9 - INTELLECTUAL PROPERTY
9.1. Elements of UN HUIT HOTELS
These GCU do not imply any transfer of any kind of intellectual property rights on the Elements and more generally any content included or accessible on and/or through the Site, including all graphics, images, photos, drawings, maps, logos, names, trademarks, texts and other documentation, including UN HUIT HOTELS Resources, databases, and any other material belonging to UN HUIT HOTELS for the benefit of the User.
The UN HUIT HOTELS Elements are the exclusive property of UN HUIT HOTELS. These Elements are protected by intellectual property law and are subject to applicable laws and regulations. Any reproduction, distribution, modification, retransmission or publication of these various Elements, in whole or in part, is strictly prohibited, except in cases where expressly authorized by UN HUIT HOTELS and except in certain cases of use for private purposes, in accordance with the legal rules applicable to the protection of intellectual property.
UN HUIT HOTELS grants the User a free, personal, non-exclusive and non-transferable right to access and use the Site, subject to the User's prior acceptance of and compliance with these GCU. Any other right is expressly excluded, except with the prior written agreement of UN HUIT HOTELS.
9.2. User Data
The User is the sole owner of the User Data used to use the Site.
The User grants UN HUIT HOTELS the right to reproduce, represent, adapt, translate, digitize, use for the sole purpose of providing the Services on any known or future communication medium in the context of providing the Services and also for statistical purposes of the said Elements. For these purposes, the User accepts that UN HUIT HOTELS may reformat, change the size, definition and coding of the content it publishes for the purposes of verification and use and waives any action in the event of technical changes made by UN HUIT HOTELS to the content it transmits.
Any other use by UN HUIT HOTELS may only be made with the prior explicit consent of the User.
Without prejudice to his rights under the Personal Data Protection Policy with regard to personal data, the User may contact UN HUIT HOTELS by sending an email to TO COMPLETE (Mail)
The Client may also directly modify certain personal data communicated to UN HUIT HOTELS.
9.3. Items belonging to third parties
Elements belonging to third parties, such as brands, designs, models, images, texts, photos and logos, without this list being exhaustive, are the exclusive property of their author and are protected as such by the intellectual property rights granted to them by the legislation in force.
The User undertakes to respect all the rights of third parties whose Elements are present on the Site and shall refrain from creating any analogy in the public mind for any purpose whatsoever.
To this end, the User undertakes to take all necessary measures to protect the said rights against any third party and, in particular, to maintain in good condition all indications of ownership that may be displayed on all data, information and, more generally, on the Elements that may be consulted on the Site or made accessible by a third party.
The User undertakes not to infringe, directly or indirectly, the property rights of third parties, whose Elements are present on the Site and undertakes not to exploit, in any way whatsoever, the names, brands, logos, information and all documents communicated to him/her, in general, in the context of the performance of these terms and conditions.
9.4. Hypertext links and external sources
The Site and its Elements may include links to other websites or other Internet sources.
If UN HUIT HOTELS operates one of these sites or Internet sources, UN HUIT HOTELS will be responsible for compliance with the commitments made under the terms of the general conditions of use specific to the said external sites/sources. In all other cases, given that UN HUIT HOTELS cannot control these external sites and sources, it cannot be held responsible for the availability of these external sites and sources.
UN HUIT HOTELS may in no way be held liable for the content, advertising, services or any other information or data available on or from these sites or external sources, in particular as regards their topicality, completeness and absence of errors. It is the User's responsibility to carry out any necessary checks.
UN HUIT HOTELS may not be held liable for any damage or loss, whether proven or alleged, arising from or in connection with the use of the content, or access to goods or services available on these external sites or sources over which it has no control.
Any creation of links to the Site and, in general, any use of a component of the said Site is subject to the prior and express authorization of UN HUIT HOTELS, which may be revoked at any time at its sole discretion. UN HUIT HOTELS reserves the right to request the deletion of any link to the Site which has not been, or is no longer, authorized, without prejudice to any damages and interest to compensate for the loss suffered as a result.
10.- PERSONAL DATA AND COOKIES
10.1. Cookies
When the User browses the Site, the latter may deposit "cookies", very simple text files, on the computer or other medium connected to the Site. The User can read the policy applicable to cookies here.
10.2. Protection of personal data
The data collected via the forms on the Site with a view to using the Services is processed automatically. The User may consult the page dedicated to the protection of personal data via the "Personal data protection policy" tab by clicking here.
11 - TRANSFER
UN HUIT HOTELS reserves the right to transfer to any company of its choice all or part of the rights and obligations arising between the User and UN HUIT HOTELS under these GCU and will inform the User in advance in accordance with applicable law.
12 - EVIDENTIARY AGREEMENT
Electronic documents exchanged electronically between UN HUIT HOTELS and the User (documents, notifications, e-mails, invoices, copies of the GCU, etc.) are considered to be written documents with the same value as the original, subject to compliance with the legal principles of identification and integrity. They may, where applicable, constitute faithful and durable copies within the meaning of Book 8 of the French Civil Code, and the User is therefore invited to keep them.
13 - NON-WAIVER AND INDEPENDENCE OF CLAUSES
The fact that UN HUIT HOTELS does not exercise all or part of its rights with regard to a User, by virtue of these GCU, does not constitute a waiver of its subsequent exercise.
If any of the clauses of the GCU should be declared null and void or inapplicable for any reason whatsoever, the other clauses shall nevertheless remain in force.
14 - APPLICABLE LAW AND JURISDICTION
The validity, interpretation and performance of the GCU are governed by Belgian law.
In the event of a dispute arising concerning the interpretation, execution or termination of these GCU, the User and UN HUIT HOTELS will endeavor to settle it amicably.
In all cases, including if an agreement is not reached directly between UN HUIT HOTELS and the User, the consumer User is informed of the possibility of having recourse, in the event of a dispute relating to these General Conditions of Use, to a conventional mediation procedure or any other alternative dispute resolution method. In particular, they may refer the matter to the Ombudsman du Commerce, 1160 Brussels, Edmond Van Nieuwenhuyselaan, 8, e-mail; info@ombudsman.be, website : https://www.ombudsmanducommerce.be.
UN HUIT HOTELS also informs the consumer User of the existence of an Online Dispute Resolution platform to which he may have recourse: http//ec.europa.eu/consumers/odr.
Any dispute that cannot be settled amicably will be brought before the competent court.
Any dispute that cannot be settled amicably will be brought before the competent court, it being understood that all disputes relating to the contractual relationship between the Client and UN HUIT HOTELS will fall under the exclusive jurisdiction of the courts of Brussels.
15 - CONTACTS
Any questions or complaints relating to the GCU may be made in the following way: either by telephone on the following number: +32 (0) TO COMPLETE, or via the "contact form" provided on the Site, which may, depending on the type of question/complaint concerned, refer the Customer to use one of the other contact methods.
The User is also invited to consult the questions and answers provided on the Site, which contain answers to frequently asked questions relating to the CGU and can be accessed in the "Help" section.
For any other request not concerning the Site or not concerning an Order, the Client is invited to contact UN HUIT HOTELS at the following address: TO COMPLETE
