These Terms apply
- the use of this Application, and,
- any other related agreement or legal relationship with the Owner
in a legally binding manner. Capitalized words are defined in the relevant specific section of this document.
The User must read this document carefully.
This application is provided by:
Componence Holding B.V.
KVK-nummer: 30208003
De Gang 14j, 3621ZB Breukelen
E-mailadres eigenaar : info@hotelfraction.com
What the User needs to know at a glance
- Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may apply only to consumers or to users who do not qualify as consumers. Such limitations are always explicitly stated in each relevant clause. In the absence of such a statement, the clauses apply to all Users.
- The use of this Application and its Service is age-restricted: to access and use this Application and its Service, the User must be an adult according to applicable law.
TERMS OF USE
Unless otherwise stated, the terms of use described in this section apply generally to the use of this Application.
In specific scenarios, separate or additional terms of use or access may apply and are further indicated in this document in such cases.
By using this application, users confirm that they meet the following requirements:
- There are no restrictions on users in terms of being consumers or business users;
- Users must be recognized as adults by applicable law;
Account registration
To use the Service, users may register or create a User Account, providing all required data or information in a complete and truthful manner.
Users can also use the Service without registering or creating a User Account. However, this may result in limited availability of certain features or functions.
Users are responsible for keeping their login credentials confidential and secure. For this reason, users are also required to choose passwords that meet the highest strength standards allowed by this application.
By registering, users agree to be fully responsible for all activities that occur under their username and password. Users are obliged to immediately and unequivocally notify the Owner, through the contact details provided in this document, if they believe that their personal data, including but not limited to user accounts, access data or personal data, has been breached, unlawfully disclosed or stolen .
Account termination
Users may terminate their account and stop using the Service at any time by doing the following:
- By contacting the Owner directly using the contact details provided in this document.
Account Suspension and Deletion
The Owner reserves the right, in its sole discretion, to suspend or delete any User Accounts it deems inappropriate, offensive or in violation of these Terms at any time and without prior notice.
The suspension or deletion of User accounts does not entitle Users to any claims for compensation, damages or refund.
The suspension or deletion of accounts due to causes attributable to the User does not relieve the User from paying any applicable fees or prices.
Content about this application
Unless otherwise indicated or clearly identifiable, all content available on this Application is owned or provided by the Owner or its licensors.
The Owner makes every effort to ensure that the content of this Application does not violate any applicable legal provisions or third party rights. However, it is not always possible to achieve such a result. In such cases, without prejudice to users' legal rights to enforce their rights, users are kindly requested to preferably report related complaints via the contact details provided in this document.
Rights regarding the content of this application - All rights reserved
The Owner owns and reserves all intellectual property rights for such content
Users may therefore not use such content in a manner that is not necessary or implied for the proper use of the Service.
In particular, but without limitation, users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works making the content available on this Application, nor allowing third parties to do so through the User or his device, even without the User's knowledge.
Where expressly stated in this Application, the User may download, copy and/or share certain content available through this Application for personal and non-commercial use only and provided that copyright attributions and any other attributions requested by the Owner are correct have been implemented.
Any applicable statutory limitation or exception to copyright remains unaffected.
Access to external resources
This Application allows users to access external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
Terms applicable to resources provided by third parties, including those applicable to any grant of rights in the content, result from the terms and conditions of such third parties or, in the absence thereof, from applicable statutory law.
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Acceptable use
This Application and the Service may only be used within the scope for which they are intended, under these Terms and applicable law.
Users are solely responsible for ensuring that their use of this Application and/or the Service does not violate any applicable laws, regulations or third party rights.
Daarom the Owner reserves the right to take appropriate measures to protect its legitimate interests, including by denying Users access to this Application or the Service, terminating contracts, reporting misconduct via this Application or the Service to the competent authorities authorities – such as judicial or administrative authorities – when Users engage in or are suspected of engaging in any of the following activities:
- violate any laws, regulations and/or these Terms;
- infringe the rights of third parties;
- significantly harm the legitimate interests of the Owner;
- insult the Owner or a third party.
Liability and indemnification
Unless otherwise expressly stated or agreed with Users, the Owner's liability for damages in connection with the performance of the Agreement is excluded, limited and/or reduced to the maximum extent permitted by applicable law.
Compensation
The User agrees to indemnify and hold harmless the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees from and against any claim or demand - including but not limited to fees and expenses of lawyers – made by a third party as a result of or in connection with a culpable violation of these Terms, third party rights or legal provisions relating to the use of the Service by the User or its subsidiaries, officers, directors, agents , co-branders, partners and employees to the extent permitted by applicable law.
Limitation of Liability
Unless explicitly stated otherwise and without prejudice to applicable law, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf).
This does not apply to damage to life, health or physical integrity, damage resulting from the breach of an essential contractual obligation, such as any obligation strictly necessary to achieve the purpose of the contract, and/or damage resulting from intent or gross negligence. negligence, as long as this Application has been used properly and correctly by the User.
Unless damage is caused by intent or gross negligence, or damages life, health or physical integrity, the Owner is only liable for the extent of the typical and foreseeable damage at the time the contract was entered into.
Common provisions
No exemption
The failure of the Owner to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver shall be deemed a further or continuing waiver of such term or any other term or condition.
Service interruption
To ensure the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance, system updates or other changes, informing the Users appropriately.
Within the limits of the law, the Owner may also decide to suspend or stop the Service altogether. If the Service is discontinued, the Owner will work with Users to enable them to withdraw Personal Data or information and will respect Users' rights regarding continued product use and/or compensation, as provided by applicable law.
In addition, the Service may be unavailable due to reasons beyond the reasonable control of the Owner, such as cases of force majeure (infrastructure failures or power outages, etc.).
Service Resale
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Application and its Service without the express prior written consent of the Owner, either directly or through a legitimate resale program.
Privacy Policy
For more information about the use of their personal data, users can consult the privacy policy of this application.
Intellectual property rights
Without prejudice to any more specific provisions of these Terms, all intellectual property rights, such as copyrights, trademark rights, patent rights and design rights relating to this Application are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties with regarding intellectual property.
All trademarks – nominal or figurative – and all other brands, trade names, service marks, word marks, artwork, images or logos appearing in connection with this Application are and will remain the exclusive property of the Owner or its licensors and are subject to the protection provided is granted by applicable laws or international treaties regarding intellectual property.
Changes to these terms and conditions
The Owner reserves the right to change or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.
Such changes will only affect the relationship with the User from the date communicated to the Users.
Het voortgezette gebruik van de Service betekent dat de Gebruiker de herziene Voorwaarden aanvaardt. Als Gebruikers niet gebonden willen zijn aan de wijzigingen, moeten ze stoppen met het gebruik van de Dienst en kunnen ze de Overeenkomst beëindigen.
The applicable previous version will govern the relationship prior to acceptance by the User. The User can obtain any previous version from the Owner.
If required by law, the Owner will notify Users in advance when the amended Terms come into effect.
Transfer of contract
The Owner reserves the right to transfer, assign, dispose of or subcontract any rights or obligations under these Terms, taking into account the legitimate interests of the User. Provisions regarding changes to these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way without the written consent of the Owner.
Contacts
All communications regarding the use of this application must be sent via the contact details provided in this document.
Severability
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
US users
Any such invalid or unenforceable provision shall be construed, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.
EU users
Should any provision of these Terms be or be deemed to be void, invalid or unenforceable, the parties will use their best efforts to reach an amicable agreement on valid and enforceable provisions, replacing the void, invalid or unenforceable portions .
If you fail to do so, the void, invalid or unenforceable provisions will be replaced by the applicable statutory provisions, if permitted or stated under applicable law.
Notwithstanding the foregoing, the nullity, invalidity or impossibility to enforce any particular provision of these Terms shall not void the entire Agreement, unless the severed provisions are essential to the Agreement, or are of such importance that the parties wouldn't have done. would have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable burden on one of the parties.
Applicable law
These Terms shall be governed by the laws of the place where the Owner is located, as set forth in the relevant section of this document, without regard to its conflict of law principles.
Prevalence of national law
However, if, notwithstanding the above, the law of the country in which the User is located provides for a higher applicable standard of consumer protection, such higher standards will prevail.
Exception for consumers in Brazil
If the User qualifies as a Consumer in Brazil and the product and/or service is marketed in Brazil, Brazilian law applies.
Place of jurisdiction
The exclusive jurisdiction to decide any dispute arising out of or in connection with these Terms lies with the courts of the place where the Owner is established, as shown in the relevant section of this document.
Exception for consumers in Europe
The above does not apply to Users who qualify as European Consumers, nor to Consumers located in the United Kingdom, Switzerland, Norway or Iceland.
Exception for consumers in Brazil
The above does not apply to Users in Brazil who qualify as Consumers.
Definitions and legal references
This application (or this application)
De eigenschap die de levering van de Dienst mogelijk maakt.
Overeenkomst
Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.
Brazilian (or Brazil)
Applicable if a User, regardless of nationality, is located in Brazil.)
Business user
Any User who does not qualify as a Consumer.
European (or Europe)
Applicable if a User, regardless of nationality, is located in the EU.
Owner (or us)
Indicates the natural person(s) or legal entity providing this Application and/or the Service to Users.
Employ
The service provided by this Application as described in these Terms and on this Application.
Conditions
All terms applicable to the use of this Application and/or the Service are set out in this document, including any other related documents or agreements, and as updated from time to time.
User (or you)
Indicates any natural or legal person using this Application.
Consumer
Consumer is any User who qualifies as such under applicable law.