Conditions of Use of the Website

This version has taken effect on 1 December 2019.

The French, English, and German translations of the present Conditions of Use are intended purely for informative purposes. In the event of dispute, only the Dutch-language version of these Conditions of Use is applicable.

 

These Conditions of Use regulate the permitted use of the Website as well as the content, information and services offered by the Website.

If you do not agree with the provisions of these Conditions of Use or if you are not authorized to accept or recognize them, you may not visit or use the Website and must immediately terminate your visit or use.

 

 

 

 

 

1.   Definitions

 

For the application of the present Conditions of Use, the terms defined in this article have the meaning indicated herein both in the singular and in the plural:

 

EURAM means N.V. EURAM, a company under Belgian law, with registered office at Remy Toren – Vaartdijk 3 B, bus 102, B- 3018 LEUVEN (Wijgmaal), registered in the register of legal entities in Leuven under number 0440.801.157 and known to the VAT administration under number BE 0440.801.157, judicial district of Leuven;

 

Member means a third party-company designated by the Partner as his agent and accepted as such in writing by EURAM;

 

Partner means any natural person or legal person with whom EURAMhas entered into a Partnership in conformity with article 3 of the GC;

 

Website means the website of EURAM, www.euram.eu;

 

Authorization means the right of access to and use of the Website granted to a Partner by EURAM;

 

Conditions of Use means the present conditions;

 

Services means the tourist products and services such as – but without being limited hereto –– hotel stays, rental of automobiles, motorcycles and/or other means of transport, which are offered via the Website;

 

Point of Sale means the operational sites approved by EURAMin conformity with article 3.5 of the GC where the Partner offers and sells the Services to Travelers, whether or not via a Member;

 

Users means everyone who has been designated by the Partner to use the Website, either via a Member or not, under the responsibility of the Partner and/or in his name and for his account;

 

Identity means the digital identity assigned per User by EURAM with which the User obtains access to the Website;

 

Authentication Methods means the various technical methods provided by EURAM with which the User can prove his identity, such as scanning of the electronic identity card of the User or the combination of the unique link assigned by EURAM to each User and the password created by the User;

 

Travellers means the end users of the Services, being the clients of the Partner and/or the Member;

 

Written Agreement means the written agreement, if any, between EURAMand the Partner in which they establish special agreements regarding the Partnership;

 

Partnership means the agreement between EURAMand the Partner for access to, and use of, the Website for the purchase of Services;

 

GC means the general Partnership Conditions of EURAM.

 

 

 

 

2.   Management

 

The Website is managed by the limited liability company “EURAM”, a company under Belgian law with registered office at Remy Toren – Vaartdijk 3 B, bus 102, B-3018 Leuven (Wijgmaal), registered in the register of legal entities under number 0440.801.157 and known to the VAT administration under the number BE 0440.801.157.

 

 

 

 

3.   Acceptance of these Conditions of Use

 

By issuing a request for Authorization, the use of the Website, the booking of one or more Services via the Website, the conclusion of a Written Agreement and/or the conclusion of a Partnership with EURAM, each Partner, Member and/or User undertakes to comply with these Conditions of Use.

 

By visiting or using the Website, the User indicates that he and the Member and/or Partner he represents concur with these Conditions of Use, explicitly accept them with no reservation or precondition, and are bound by these provisions.

 

By his visit to, or use of, the Website, the User confirms that he is legally authorized to acknowledge and accept these Conditions of Use in his own name and in the name of all of the entities and persons he represents.

 

EURAM is entitled at all times, as it deems fit, and for any reason whatsoever, to supplement or to change these Conditions of Use without prior notification and without having to justify itself with respect to the User, Member, Partner and/or any other legal or natural person. The User, Member, Partner and/or any other legal or natural person, with the exception of EURAM, may not supplement, alter or correct these Conditions of Use in any respect whatsoever.

 

Whenever the User uses the Website, the latest version of these Conditions of Use is applicable. Therefore, every time he visits and/or uses the Website, the User must check the date of the Conditions of Use (indicated at the top of the Conditions of Use) to determine whether or not a new version has taken effect.

 

 

 

 

4.   Right of Ownership

 

The Website and all information on it (text, illustrations, video, and audio), pictures, logos, icons, software, design, applications, spreadsheets, models, data, and all other elements that are available on or via the Website are and remain the property of EURAM or its licensors. The use of the Website does not provide the User, Member and/or Partner with a right of ownership or any other right regarding the Website or its content.

 

 

 

 

5.   Permitted use

 

The Website may be used only in the manner explicitly described in these Conditions of Use.

 

The Website may be used only for legal purposes. The User, Member and Partner may use the Website only with SSL web-browser software that is commercially available.

 

The right to use the content of the Website is granted on condition that the User agrees with all of the conditions, provisions, and notifications accompanying the content or that are stated otherwise in this Website.

 

As regards the software and other materials that are made available via the Website for downloading, reproduction, and/or other use, the license conditions, provisions, and notifications of this software and/or materials must be complied with.

 

Failure to comply with the conditions, provisions, and notifications on the Website and/or abuse automatically leads to termination, without prior notification, of all rights that have been granted. In such a case, the User, Member and Partner must immediately destroy all items or copies of downloaded materials they have in their possession or under their authority. Upon the first request of EURAM, they shall provide proof of this destruction. Apart from the restricted permission to use the content of the Website, EURAMgrants the User, Member and/or Partner no express or tacit rights under any patent, trademark, or copyright or any other property right, intellectual or otherwise.

 

 

 

 

6.   License

 

6.1 General

 

By conclusion of a Partnership, EURAMgrants the Partner a license for access to, and use of, the Website. The license applies only for the Points of Sale for which EURAMhas explicitly granted its permission.

 

EURAM accepts that the Partner appoints one or more Users to make use of the rights that he enjoys by virtue of this license in his name and for his account.

 

EURAM grants one identity per User. The User can prove this identity by means of an Authentication Method he has chosen.

 

The User must exercise all due caution at all times and must always refrain from any behavior that could constitute a security risk for the other users of the Website.

 

The license is exclusive and cannot be transferred or sub-licensed. The license constitutes part of the Partnership and thus is valid only insofar the Partnership is in force.

 

All data regarding the Identity are secret. The Partner shall take all reasonable measures to prevent unauthorized persons from being able to have access to the data regarding the Authentication Methods managed by EURAM and provided to the Partner, Member and/or User. The Partner assures that the Member(s) and User(s) shall scrupulously respect all obligations regarding access and use as well.

 

The Partner, during the course of the Partnership, is entitled to use the Website and the related services in the context of his normal operations as a company in the travel industry.

 

The Partner, Member(s) and User(s) are expressly prohibited:

• from reproducing, copying, exhibiting, sending, publishing, selling, the data from the Website under any form whatsoever without prior permission from EURAM, except for copying from the Website to the working memory of the computer devices for the purpose of the permitted use of the Website;
• from making available data from the Website to third parties for direct or indirect compensation;
• from using the Website for illegal purposes or for sending data with a threatening, obscene, objectionable, or any other injurious character;
• from performing any other user action that could damage the rights of EURAM or another partner;
• from using errors in the system, known or not to EURAM, for one’s own advantage or that of a third party.

 

The User, Member and/or Partner undertake to respect all intellectual property rights, trademarks, and other data protected by author’s rights associated with the Website.

 

The User, Member and Partner are themselves responsible for their connection to the Internet.

 

EURAM reserves the right to modify immediately the technical modalities of the Website, even if these modifications might require modifications in the system of the User, Member and/or Partner.

 

The Partner manages the Users per Point of Sale via the Website and can withdraw the Identity of a particular User at any time. The Partner sees to it that, if a User is no longer employed by the Partner and/or Member(s), the User concerned and his Identity are removed.

 

EURAM is entitled:

• to use the Identity to obtain access to the Website if it deems it necessary;
• to register and monitor the actions of the Users on the

 

 

6.2. Specific Partner terms

 

The following paragraphs govern the specific use of the Services offered by/via EURAM through the Website:

 

6.2.1. Customer communications and complaints

The Partner shall upon receipt and without undue delay: (i) provide to the travellers, without amendment or modification, all information related to a booking; and (ii) provide to EURAM, without amendment or modification: (1) all communications received related to a booking, whether from the traveller or from the third party provider; (2) any complaints received from a traveller.

 

The Partner shall notify EURAMwithin a reasonable time upon becoming aware of any traveller complaint, claim or action regarding a booking. The Partner acknowledges and agrees that EURAM or its supplier shall have the right to settle any traveller complaints directly with the traveller. If EURAM or its supplier attempts such a settlement, the Partner must, at its own expense, provide EURAM or its supplier upon first request with all necessary information and reasonable assistance required to reach such a settlement. In this case the Partner shall refrain from taking any other action in respect of the complaint without consulting with EURAMor its supplier first, unless if required to do so by applicable law.

 

6.2.2 Package bookings

The Partner shall not facilitate the Services at a rate lower than the rate as indicated on the Website, even when implementing the Services in a packaged booking.

 

EURAM may request information and/or require the Partner to demonstrate ongoing compliance with this section 6.2.2. at its own cost. The Partner shall upon EURAM’s written request, send copies of booking confirmations, booking details and give access to such other information, systems and/or documentation as is reasonably necessary to demonstrate compliance with this section 6.2.2. Without prejudice to any other rights or remedies available to EURAM, if the Partner is in breach of this Section 6.2.2., EURAM may restrict access to certain Services with immediate effect.

 

6.2.3 Code of conduct

The Partner shall not represent himself as acting on behalf of EURAM or its suppliers.

 

The Partner shall notify EURAM of any and all enquiries from tax authorities or any other government agencies in relation to these Conditions of Use or bookings, and shall provide EURAMwith the opportunity to review and/or contribute to any response to such enquiries.

 

6.2.4 Termination

The termination of the General Partnership Conditions shall automatically entail the termination of the Conditions of Use.

 

 

 

 

7.   Links to other sites

 

If the Website contains hyperlinks to the content of third parties or to websites that are managed by third parties, EURAM is not responsible for the quality and correctness of such content. Nor can EURAM be deemed to be an authority that approves, publicizes or permits these websites or their content in general. The managers of these websites are the only ones responsible for compliance with law and regulations as regards the products and services they offer for sale on their website, more specifically as regards consumer protection, remote sales, legislation as regards prices, and so on.

 

 

 

 

8.   Privacy policy

 

8.1 General

This privacy policy describes the manner in which EURAMuses and secures the data that the User, Member and/or Partner transmit to EURAM when they visit and use the Website.

 

The Website compiles only personal data that are expressly and freely transmitted by the User, Member and/or Partner. This information can consist of, but is not limited to, the surname and given name, the e-mail address, the telephone number, the country, and the profile of the User, Member, Partner and/or Traveler(s).

 

In principle, EURAMrequests no sensitive information (such as data concerning race, ethnic origin, religion, criminal records, physical or mental health, or sexual orientation). If need be, EURAMshall request the express permission of the User, Member and/or Partner to compile and use such information. The User, Member and/or Partner who obtain such sensitive information from the Traveler and transmit it to EURAM via the Website guarantee that they have obtained the express permission from the Traveler to compile, use, and transmit this information.

 

The Partner gives EURAM permission to use pictorial material concerning Services provided to the Partner for general information, advertising, publications on the Website, publications in folders, and so on (this list is given purely by way of example).

 

8.2 Automatically compiled information

8.2.1 Technical information

As do many other websites, the Website automatically compiles certain non-identifiable information about the user of the Website, such as the Internet protocol (IP) address of his computer, the IP address of his Internet service provider, the date and the time of his access to the Website, the Internet address of the website from which he made a direct link to this Website, the operating system that he uses, the parts of the Website he visits, the Website pages and the information he looked at, and the materials he sent to or downloaded from the Website. This technical information is used for website- and system- management purposes as well as to improve the Website. These technical data can be transmitted to third parties and are stored permanently with a view to future use.

 

8.2.2 Cookies and web beacons

To assure that the Website is well-managed and to facilitate navigation within the Website, EURAM – or the service suppliers of EURAM – may use cookies (small text files that are stored in the browser of the user) or web beacons (electronic images with which one can count the number of users who visit a specific page and with which one obtains access to specific cookies) in order to compile global data.

 

EURAM can use these instruments to track various data in its systems and to categorize users in function of diverse criteria such as IP address, domain, browser type, and visited pages. This information is used to analyze the number of users of the Website in the various sections of the Website and to see to it that the Website functions as a source of information that is useful and effective.

 

Neither the cookies nor the web beacons of EURAM compile personal data, such as the name or email address of Users. Moreover, most browsers enable individual users to turn cookies off. In certain cases, it can occur that Users are refused access to certain parts of the Website if their browser is set to turn cookies off.

 

8.3 Used information

EURAM may use non-personal related information to generate global tracing information reports about demographic data of the Users and the use of the Website and may transmit these reports to third parties. The tracking information in these reports is not linked to identity data or other personal data about the individual Users.

 

8.4 Other matters

8.4.1 Security

EURAM uses the best of its endeavours to secure its servers, applications and databanks and to prevent illegal access to, or unauthorized use thereof. For this, EURAM makes use of physical, administrative and technological means so that the information EURAMhas is secured.

 

Unfortunately, EURAMcannot guarantee 100% security. If you might have specific security concerns about the processing of specific personal data, it is best not to transmit it over the Internet.

 

8.4.2 Other websites

The Website can contain links to other websites or Internet sources. When the User clicks on one of these links, he is transmitted to another website or Internet source that could compile data intentionally or via cookies or other technologies. EURAMis in no way responsible or liable for and has no control authority whatsoever over these other websites or Internet sources nor over their compilation, use and dissemination of personal data. The User, Member and/or Partner must themselves examine the privacy policy of these other websites and Internet sources and gauge themselves how they compile and use information.

 

8.4.3 Changes in the privacy policy

EURAM can at all times change, supplement or amend its privacy policy for whatever reason by placing the revised privacy policy in a clearly visible manner on the Website.

 

8.5 Notification

EURAM is concerned with privacy and makes every effort to process personal information in accordance with Belgian law, its “general policy regarding data protection”, and the most stringent norms of honest information.

 

8.6 Reasons for registration of personal data

8.6.1General objectives

Where necessary, EURAMprocesses personal data exclusively with a view to (i) the execution of the agreement(s) and delivery of Services; (ii) the execution and development of its services; (iii) informing Users, Members and Partners about its other services.

 

With a view to the objectives cited above, EURAM can deem it necessary to acquire personal information as regards the identity of the User, Member, Partner and/or Traveler (surname, given name and address).

 

8.6.2 Direct marketing and communication with third parties

EURAM deems personal information to be confidential information that will not be used for direct marketing unless the User, Member and/or Partner has given EURAM permission to do so in advance.

 

EURAM, however, must transmit personal data to third parties, such as its suppliers, with a view to the execution of the agreement(s) and the delivery of Services.

 

The User, Member, Partner and Traveler are legally entitled to object to the use of personal data for direct marketing, upon their request and free of charge. It suffices to submit the request to the client service of EURAM via e-mail (info@euram.eu), to send a letter to Remy Toren, Vaartdijk 3 B, bus 102, 3018 Leuven (Wijgmaal), Belgium, or to contact EURAM by telephone at +32 (0)16 29 27 25.

 8.7 Entity responsible for the processing of the personal data

The entity responsible for the processing of all personal data compiled via the Website is EURAM.

 

The manager of the Website is responsible for responding to all questions concerning the protection of privacy. Questions can be directed to this person via e-mail at the following e-mail address: privacy@euram.eu or via the Website.

 

8.8Access to personaldata

Each User, Member and/or Partner receives via the heading “Settings” of the Website access to his personal data and can consult and adapt the personal data of the Travelers per booking request.

 

If the access to, consultation of, and/or adaptation of the booking request is impossible because of technical problems, each User, Member, Partner and/or Traveler can request EURAMto obtain access to the personal data concerned or to adapt or delete them by sending EURAMa letter or email (as regards natural persons, including a copy of the identity card) to:

• By letter: Remy Toren, Vaartdijk 3 B, bus 102, 3018 Leuven (Wijgmaal), Belgium
• By e-mail: info@euram.eu

 

EURAM shall then use its best endeavours to comply with the request as quickly as possible. The costs for the changes to the original data of the User, Member, Partner and/or Traveler made at his request are always charged to the respective Partner.

 

8.9 General information

The policy for the protection of personal data is fully in conformity with all legal provisions in Belgium and the European Union:

• The Belgian Privacy Act of 30 July 2018 regarding the protection of natural persons in relation to the processing of personal data, and/or

 

The General Data Protection Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/ECEURAM is not responsible for the privacy policy of the websites to which referral is made from the Website via a hyperlink.

 

 

 

 

9.   Rejection, exclusion and restriction of liability, forfeiture of rights and indemnification

 

EURAM is not liable for the content and the use of the Website. For this reason, the following provisions are applicable.

 

9.1 Use

The use of this Website is entirely at the Partner’s, Member’s and/or User’s own risk.

 

The Website is made available as is, without explicit or implicit guarantees of any nature whatsoever. Insofar as this is possible under the applicable law and without the following listing being restrictive, EURAM, its licensors and all other enterprises associated with EURAM, exclude all liability for offers, guarantees, circumstances, guarantees of non-violation, sellability, suitability for a specific objective, performances, durability, availability, accuracy or completeness of the Website. The use of a specific method, particular commercial practices, or standard use creates under no circumstances offers, guarantees or special conditions.

 

Only the User, Member and Partner are, be it jointly, responsible for the acquisition, processing and maintenance of all computers, hardware and software, Internet services and other equipment and services that are necessary for the use of the Website.

 

The Internet is not a secure medium, can be interrupted or can be the object of voluntary or involuntary violations of security and privacy. The availability of the Website can be affected by numerous factors over which EURAM has no control. It is possible that the Website is not continuously secure or privately available.

 

EURAM and its licensors are not liable with respect to the User, Member, Partner or any other person for loss or damage that he or any other person suffers as a result of a failure or refusal of EURAM to respond to a message that was addressed to EURAM via the Website or by e-mail or for a failed or late reception, acknowledgement, processing or acceptance of such messages by EURAM or for any loss or damage that was suffered because of an operational failure, poor operation, interruption, change, alteration or closure of the Website and/or the e-mail services.

 

With no restriction of the preceding, EURAMand its licensors offer no guarantee that:

• the Website is compatible with your computer, peripheral equipment, and software;
• the Website will be available, function without interruption, or be free of all errors or that all errors will be corrected;
• the Website will satisfy your needs;
• the information on the Website or that can be obtained via the Website will be accurate, complete, in the proper sequence, or available in a timely manner;
• some or specific results will be available via the Website;
• the use of the Website – including browsing and downloading of information – will be free of viruses, “Trojan horses”, “worms” and/or other destructive or damaging elements; or

• the use of the Website does not conflict with the rights (including intellectual property rights) of any individual.

 

EURAM, its suppliers and all other enterprises associated with EURAMreject for such cases all liability in the broadest sense that is possible under applicable law.

 

9.2 Exclusion of liability

EURAM, its licensors and all other companies associated with EURAMwill in no case (except for serious misconduct or fraud) be liable with respect to the User, Member, Partner or any other person for loss of use, loss of production, loss of income or loss of profit (real or estimated), loss of market, economic loss, special, incidental, directly or indirectly derived loss or damage either on the basis of contractual or extra-contractual liability or under any other legal basis that arises from, is related to, or has to do with the use of the Website by this User, Member, Partner or any other person and this irrespective of negligence, errors or violations on the part of EURAM, its licensors and/or any other companies associated with EURAM and irrespective of whether or not EURAM and/or its licensors have been informed of the possibility that the User, Member, Partner of another person could suffer such loss or damage.

 

9.3 Forfeiture of rights

The User, Member and Partner forfeit for all time all rights, claims, complaints, demands, actions, measures, liability claims, obligations, legal penalties, costs and compensations of whatever nature that may arise in whatever known or unknown manner and that now or later arise from, are concerned with, or are associated with their use of the Website and this with respect to EURAM, its licensors, and their respective franchises, partners, agents, directors, responsible persons, employees, information providers, service providers, suppliers, subcontractors, persons who provide or possess licenses and all other involved or associated persons.

 

9.4 Indemnification

The Partner shall fully indemnify EURAM, its licensors and all of their respective franchises, partners, agents, directors, managers, employees, information providers, service providers, suppliers, subcontractors, persons who provide or possess licenses and all persons involved or associated (jointly the “Protected Parties”) and hold them harmless from and against all liabilities, expenditures and costs, including all reasonable legal costs and expenditures without restriction that the Protected Parties incur in the context of a damage claim or demand that arises from or is related to the use of the Website by the User, Member and/or Partner.

 

The Partner shall collaborate in good faith with the Protected Parties in the defence against claims or demands. The Partner shall provide full cooperation as regards questions for advice and information that must be provided by the Protected Parties in oral or written form.

 

 

 

 

10.   General provisions

 

If one of the provisions of these Conditions of Use is or would become null in whole or in part, this shall have no influence on the validity of the other provisions.

 

These Conditions of Use are exclusively governed by, and must be interpreted in accordance with Belgian law.

 

To all disputes that may arise from or with regard to these Conditions of Use, the mediation regulations of CEPANI apply. If the mediation fails, the dispute shall be definitively settled in accordance with the Arbitration Regulations of CEPANI, by one arbitrator appointed in conformity with these regulations. The place of the proceedings is Leuven. The language of the proceedings is Dutch.