TERMS OF USE AND DISCLAIMER

1. Identity and contact details of West Bay Hotel

1.1. The website available at the address westbayhotel.be (hereinafter the “Website”) is operated and owned by Belcoast Holidays nv, with registered office at Vakantiestraat 1, 8434 Westende (hereinafter also: “[●]”, “we” or “us”).

1.2. Information and details of West Bay Hotel:

Legal form: NV

Company name: Belcoast Holidays

Trade name: West Bay Hotel

Registered office: [●]

Phone number: 059 361 361

E-mail: info@westbayhotel.be

Hyperlink(s) Website: westbayhotel.be

2. Applicability of these terms of use

2.1. These terms of use apply exclusively to the use of the Website. These terms and conditions do not in any way cover the usage policies of any other service providers that you may use on or through the Website.

2.2. Before you may in any way use (the services connected with) the Website, you must expressly, fully and irrevocably agree to (the application of) these terms and conditions of use by clicking on the ok button. The text of these terms of use can be consulted at any time under the heading ‘Terms of use – Disclaimer’ on the Website.

2.3. The possible nullity or inapplicability of one or more provisions of these terms of use shall not result in the nullity of these terms of use as a whole.

2.4. Westbay Hotel reserves the right to change these Terms of Use at any time. Changes will be announced on the Website and/or by electronic means. Continued use of the Website will be considered as acceptance of the new terms. These Terms of Use were last amended on October 24, 2018.

2.5. These Terms of Use apply without prejudice to the possible application of mandatory statutory provisions for the protection of consumers (in particular the relevant provisions of the Code of Economic Conduct).

3. Conditions of use

3.1. Information and content on the Website

3.1.1. Westbay Hotel endeavours to ensure that the information on the Website, being all data and information in the broadest sense, including photos, video files, texts etc., is correct, complete and up-to-date. Despite our efforts, inaccuracies may occur for which Westbay Hotel accepts no liability.

3.1.2. Westbay Hotel cannot exclude the occurrence of faults, interruptions or technical errors which limit or prevent access to the Website.

3.1.3. The information on the Website is of a general nature and indicative, is not adapted to personal or specific circumstances, can in no way be considered as personal advice or a contractual (result) commitment and cannot give rise to damages or termination of the agreement with Westbay Hotel. The information on the Website is available as is, without any guarantees being given. The use of the Website and the information contained therein is therefore at your sole risk and responsibility. You acknowledge and accept that Westbay Hotel’s commitments regarding the operation and content of the Website are purely best efforts obligations.

3.1.4. You are required to use the Website only for legitimate purposes.

3.2. Your obligations

3.2.1. You must have a good and stable internet connection and efficient hardware and software suitable for (the services of) the Website. You should also have adequate and recent antivirus, anti-spyware and firewall protection on your systems.

3.2.2. In the event that the systems of West Bay Hotel, its employees, subcontractors, external suppliers or service providers and/or its other users suffer damage as a result of the exchange of computer viruses or other harmful files, you alone shall be fully and unlimitedly liable to West Bay Hotel and shall indemnify West Bay Hotel in full, without limitation, in principal, interest and (lawyers’) costs against any claims by third parties (including employees, subcontractors, external suppliers or service providers and users of West Bay Hotel) that may suffer damage as a result.

3.3. Measures

4. Processing of personal data

West Bay Hotel cares about your privacy and will always act in accordance with the provisions of the applicable privacy regulations. For more information on the protection and processing of your personal data on or via the Website, please consult the privacy policy.

5. Liability

5.1. West Bay Hotel is not liable in any way for:

– the quality, completeness, accuracy, suitability, availability or form of the information on or generated by the Website or by other (external) websites or applications referred to through (even permitted) hyperlinks on the Website;

– any decision made or action taken by you based on the content or information on the Website;

– any malfunctions, interruptions, technical errors, unauthorised interventions (including hackers), viruses, etc. on the Website;

– (the functioning and/or availability of) software and/or applications of third parties or the consequences thereof for the downloading from and/or the use of the Website;

– indirect, indirect or consequential damages (including but not limited to loss of time, loss of an opportunity, loss of profits, loss of revenue, emotional damages, etc.);

– cases of force majeure;

– a minor fault other than intentional or equivalent serious fault.

5.2. West Bay Hotel can in no case be held jointly or severally liable with third parties for any damage.

6. Intellectual property

6.1. The Website, its parts and all information and/or content on, connected to and/or generated by the Website, including but not limited to all texts, images, logos, graphics, formulas, video files, sound files, HTML codes, software, databases, the design or any other creation, content or information on or related to the Website, are the exclusive intellectual property of West Bay Hotel or its licensors and may only be reproduced or communicated to the public with the express, written and prior consent of West Bay Hotel or its licensors.

In other words, you are prohibited at any time (including after termination of the agreement with West Bay Hotel) from reproducing or communicating to the public in any way the Website (or parts thereof), including all information connected with or generated by the Website and/or the content of the Website, without the express prior written consent of West Bay Hotel or its licensors.

6.2. Nothing contained in these Terms of Use shall be construed as conferring any transfer or license of or to the intellectual property rights of West Bay Hotel to you.

6.3. You acknowledge and accept that the services on the Website may involve the use of certain open source software or freeware under licences which may contain provisions that take precedence over these terms of use.

6.4. You acknowledge and accept that information or content on the Website may be subject to protection by third party intellectual property rights. You agree to honour these rights and indemnify Westbay Hotel in full, in principal, interest and (court and lawyer) costs for any infringement by you of the intellectual property rights of third parties in this regard.

7. Complaints

Complaints arising from any use of the Website or the application of these Terms of Use may be reported to West Bay Hotel by e-mail: info@westbayhotel.be.

8. Applicable law – competent courts

Any dispute concerning the interpretation or application of these terms of use or arising from any use of the Website is subject to Belgian law and the exclusive jurisdiction of the courts of Bruges, unless the law imperatively stipulates the jurisdiction of another court.

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West Bay Hotel & Apartments is member of the Flow Hospitality Group