These terms of use (the “Terms of use“), together with our privacy policy (the “Privacy policy“), apply to any use of our website and any data, information, tool and service available on our websites www.hoteldeverbier.com and www.hoteldeverbier.ch (collectively the “Website“).

You may use the Website only on the condition that you understand and accept the Terms of Use and the Privacy Policy. Any further use of the Website or any part of it means you have read and understood the Terms of Use and the Privacy Policy and 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 together 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 These Terms are to be carefully read before using the Website. The Terms of Use constitute a binding legal agreement between you as the User and the Hotel.

1.3 Further provisions outside of these Terms may apply to you. Such further provisions apply in addition to these Terms of Use.

 

2. User conduct

2.1 Users may not misuse the Website and are prohibited from processing via the Website any material:

– that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance 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 offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or

– which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

 

3. Liability

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

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

3.3 Neither the Hotel nor any of its affiliates, agents, contractors or licensors shall be liable for any loss, injury or damage (including without limitation any direct, indirect, punitive or consequential loss or damage, any loss of income, profits, goodwill, data, contracts, use of money, or loss or damage arising from or connected in any way to business interruptions); whether foreseeable, known or otherwise and even if advised of the possibility of such damages; and whether in tort (including without limitation negligence), contract or otherwise; including without limitation for contingencies beyond its control in procuring, compiling, interpreting, reporting or delivering data and for conclusions, decisions or actions derived, made or taken based on the use of the Website or parts thereof.

3.4 Nothing herein excludes or limits the liability of the Hotel (i) for fraud or gross negligence, (ii) for death or personal injury caused by the Hotel, or (iii) which may not 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 and the respective directors, officers, employees, agents and independent contractors form and against all damages, claims and expenses, including reasonable attorneys’ fees, arising out of or in connection with your misuse of the Website, i.e. any use of the Website, which violates these Terms of Use or any applicable law or regulation.

 

4. Third party websites (links)

4.1 Certain links on the Website lead to third parties websites. The Hotel has no influence over these websites and accepts no liability for the accuracy, completeness or legality of the content of these websites or for the products and services offered therein.

 

5. Intellectual Property Rights, Confidential Information and Trade Secrets

5.1 You acknowledge and accept that the Website and any part thereof may be protected by copyright or other intellectual property or unfair competition or misappropriation laws and are and shall remain the property of 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, as applicable, and with all applicable laws and regulations. Any unauthorised use is strictly prohibited.

5.2 All trade names, trademarks, service marks and other product and service names and logos, whether registered or unregistered, on the Website or any other publication are proprietary to their respective owners and are protected by applicable laws.

5.3 The complete or partial reproduction, distribution, modification, linking or use for commercial or public purposes and any type of exploitation outside the limits of copyright law requires the prior written consent of the Hotel. This Terms of Use do not grant any license to use the intellectual property of third parties. Any rights not expressly granted in these Terms of Use are reserved.

 

6. Privacy and data protection

6.1 In so far as the Hotel processes personally identifiable information due to the use of the Website, the handling of such data is described in more detail in the Hotel’s Privacy Policy.

 

7. Modifications

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

7.2 Unless otherwise indicated, such changes will become effective immediately upon the Hotel’s posting of the changes on its official Website. Therefore, the User must check the Website periodically for such changes. You hereby agree that your use of the Website following any modifications constitutes an acceptance of all such changes.

7.3 This page was last modified on 23 September 2020.

 

8. Severability, No Waiver

8.1 No variation, waiver or release of this Terms of Use by the Hotel is deemed effective unless made in writing signed by or on behalf of the Hotel.

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

8.3 Should any individual provision of these Terms of Use be deemed to lack legal effect, this will not affect the validity of the remaining provisions. In such a case, the provision which is ineffective will be replaced by an analogous provision.

 

9. Applicable law and jurisdiction

9.1 Any dispute, controversy or claim arising out of, or in relation to, these Terms of Use including the validity, invalidity, breach, or termination thereof, will be governed by Swiss laws excluding its conflicts of law provisions.

9.2 The courts of Valais have exclusive jurisdiction with respect to all litigation or any disputes arising out of or in connection to these Terms of Use.