Terms of Use

The present terms of use (the “Terms of Use“) and our privacy policy (the “Privacy Policy“) apply to any use of our website and to all data, information, tools, and services available on our websites www.hoteldeverbier.com and www.hoteldeverbier.ch (collectively referred to as the “Website“).

You may only use the Website on the condition that you understand and accept the Terms of Use and the Privacy Policy. Any subsequent use of the Website or any part thereof means that you have read and understood the Terms of Use and the Privacy Policy and that you agree to be bound by all parts of the Terms of Use and the Privacy Policy.

1. Application of the Terms of Use

1.1. These Terms of Use, along with the Privacy Policy, apply to any visit or use by you (the “User” or “you”) of the Website provided by Hôtel de Verbier SA (the “Hotel”).

1.2. The present terms must be read carefully before using the Website. The Terms of Use constitute a binding legal agreement between you, as the User, and the Hotel.

1.3. Other provisions outside of these Terms may apply. These additional provisions apply in addition to these Terms of Use.

2. User Conduct

2.1. Users may not misuse the Website, and they are prohibited from posting any material via the Website that is:

– threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, likely to incite racial hatred, discriminatory, intimidating, scandalous, incendiary, blasphemous, a breach of confidence, an invasion of privacy, or that could cause discomfort or inconvenience; or

– for which you have not obtained all necessary licenses and/or approvals; or

– which constitutes or encourages conduct that would be considered a criminal offense, gives rise to civil liability, or is otherwise contrary to law or infringing on the rights of third parties worldwide; or

– technically harmful (including, without limitation, computer viruses, logic bombs, trojans, worms, harmful components, corrupted data, or any other malicious software or data).

3. Liability

3.1. The content of this Website has been created with care and diligence, but the Hotel cannot guarantee its completeness and/or accuracy. The Website offers information about the Hotel and the services it provides. This information may be changed at any time and without notice.

3.2. All statements and warranties are excluded, including the warranty concerning suitability for a particular purpose.

3.3. Neither the Hotel nor its partners, agents, contractors, or licensors shall be liable for any losses, injuries, or damages (including, without limitation, direct, indirect, punitive, or consequential losses or damages, loss of income, profits, clientele, data, contracts, usage of money, or losses or damages resulting from business interruption or in any way related to business interruptions); whether foreseeable, known or otherwise, even if they have been advised of the possibility of such damages; whether in tort (including, without limitation, negligence), contract, or otherwise; including, without limitation, for events beyond their control in obtaining, compiling, interpreting, communicating, or delivering data and for conclusions, decisions, or actions derived from, taken, or undertaken based on the use of the Website or parts thereof.

3.4. No provision herein excludes or limits the liability of the Hotel (i) in cases of fraud or gross negligence, (ii) in the event of death or personal injury caused by the Hotel, or (iii) which cannot be excluded or limited under applicable law.

3.5. You agree to defend, indemnify, and hold harmless the Hotel and its affiliates, agents, contractors, and licensors, as well as their respective directors, officers, employees, agents, and independent contractors, from any and all damages, claims, and expenses, including reasonable attorney’s fees, arising from your misuse of the Website or in connection with it, meaning any use of the Website that violates these Terms of Use or any applicable law or regulation.

4. Third-Party Websites (Links)

4.1. Some links on the Website lead to third-party websites. The Hotel has no control over these websites and assumes no responsibility for the accuracy, completeness, or legality of the content of these websites or the products and services offered therein.

5. Intellectual Property Rights, Confidential Information, and Trade Secrets

5.1. You acknowledge and agree that the Website and any part of it may be protected by copyright or other intellectual property laws, unfair competition, or misappropriation, and are and will remain the property of the Hotel and/or its licensors. Such content may only be used in accordance with these Terms of Use, any other agreement between you and the Hotel, if applicable, and all applicable laws and regulations. Any unauthorized use is strictly prohibited.

5.2. All trade names, trademarks, service marks, and other names and logos of products and services, whether registered or not, appearing on the Website or in any other publication belong to their respective owners and are protected by applicable laws.

5.3. Full or partial reproduction, distribution, modification, linking, or use for commercial or public purposes and any type of exploitation outside the limits of copyright require the prior written consent of the Hotel. These Terms of Use do not grant any license for the use of third-party intellectual property. All rights not expressly granted in these Terms of Use are reserved.

6. Privacy and Data Protection

6.1. To the extent that the Hotel processes identifiable personal information due to the use of the Website, the processing of such data is described in more detail in the Hotel’s Privacy Policy.

7. Modifications

7.1. The Hotel reserves the right, at its sole discretion, to modify, add, or remove parts of the Terms of Use at any time and without notice.

7.2. Unless stated otherwise, such modifications will take effect immediately upon their publication by the Hotel on its official Website. Therefore, the User must periodically check if any modifications have been made to the Website. You agree that your use of the Website after any modifications constitutes acceptance of all such changes.

7.3. This page was last modified on September 23, 2020.

8. Severability, No Waiver

8.1. No modification, waiver, or discharge of these Terms of Use by the Hotel shall be considered effective unless in writing and signed by the Hotel or on its behalf.

8.2. Our failure to strictly enforce any of these Terms of Use shall not be construed as a waiver.

8.3. If any individual provision of these Terms of Use is deemed legally ineffective, this shall not affect the validity of the other provisions. In such cases, the ineffective provision shall be replaced by a similar provision.

9. Governing Law and Jurisdiction

9.1. Any dispute, controversy, or claim arising out of or in connection with these Terms of Use, including their validity, invalidity, breach, or termination, shall be governed by Swiss law, excluding conflict of law provisions.

9.2. The courts in Valais shall have exclusive jurisdiction for any dispute or claim arising from or in connection with these Terms of Use.