Disclaimer
1. Identity and contact details of Upstairs
1.1. The website available at the address upstairshotel.com (hereinafter: the "Website") is operated by and is the property of Upstairs Oostende Uitbating BVBA, with company number BE 0677.727.122 and with its registered office at Hertstraat 15, 8400 Oostende.
1.2. Information and data of Upstairs:
Legal form: BVBA
Company name: Upstairs Oostende Uitbating BVBA
Company name: Upstairs Hotel
Registered office: Hertstraat 15, 8400 Oostende
VAT number: BE 0677.727.122
Telephone number: 059 46 66 66
E-mail: privacy@upstairshotel.com
Hyperlink(s) Website: upstairshotel.com
2. Applicability of these terms of use
2.1. These terms of use apply exclusively to the use of the Website. These terms do not in any way cover the usage policies of other service providers you use on or through the Website.
2.2. Before you can use (the services related to) the Website in any way, you must expressly, fully and irrevocably agree to (the application of) these terms of use by clicking 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 does not result in the nullity of the entirety of these Terms of Use.
2.4 Upstairs reserves the right to change these Terms of Use at any time. Changes will be announced on the Website and/or electronically. Continued use of the Website will be considered as acceptance of the new conditions. These terms of use were last amended on 5 October 2022.
2.5. These terms of use shall apply without prejudice to the possible application of mandatory legal provisions protecting consumers (in particular the relevant provisions of the Economic Law Code (CIR)).
3. Conditions of use
3.1. Information and content on the Website
3.1.1. Upstairs endeavours to ensure that the information on the Website, being the entirety of 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 Upstairs does not accept any liability.
3.1.2. Upstairs cannot exclude 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, cannot in any way be considered as personal advice or a contractual (result) commitment and cannot give rise to damages or termination of the agreement with Upstairs. The information on the Website is available in the state as consulted without any guarantees. The use of the Website and the information contained therein is therefore solely at your own risk and responsibility. You acknowledge and accept that Upstairs' commitments regarding the operation and content of the Website are purely best-efforts commitments.
3.1.4. You are bound to use the Website only for legitimate purposes.
3.2. Your obligations
3.2.1. You must have a decent and stable Internet connection and high-performance hardware and software suitable for (the services of) the Website. You must also have a sufficiently adequate and recent antivirus, anti-spyware and firewall protection on your systems.
3.2.2. In the event that the systems of Upstairs, its appointees, subcontractors, external suppliers or service providers and/or its other users would suffer damage due to the exchange of computer viruses or other harmful files, you are solely liable to Upstairs in full and without limitation and you will indemnify Upstairs in full, without limitation, in principal sum, interests and (lawyer's) costs against any claim by third parties (including appointees, subcontractors, external suppliers or service providers and users of Upstairs) who would suffer damage as a result thereof.
4. Processing of personal data
Upstairs takes care of your privacy and in doing so always acts 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 at: upstairshotel.com
5. Liability
5.1. Upstairs is in no way liable 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 via (even permitted) hyperlinks on the Website;
- any decision made or action taken by you based on the content or information on the Website;
- any breakdowns, interruptions, technical errors, incorrect technical manoeuvres, unauthorised interventions (including hackers), viruses etc. on the Website;
- (the functioning and/or availability of) third party software and/or applications or the consequences thereof for downloading from and/or using the Website;
- indirect damage, indirect damage or consequential damage (including but not limited to loss of time, loss of an opportunity, loss of profits, loss of revenue, emotional damage, etc.);
- cases of force majeure;
- minor fault other than wilful misconduct or serious misconduct equivalent to wilful misconduct.
5.2. Upstairs may in no case be held jointly and severally or in solidum with third parties to compensate any damage.
6. Intellectual Property
6.1. The Website, parts thereof 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 Upstairs or its licensors and may only be reproduced or communicated to the public after Upstairs' or its licensors' express, written and prior consent.
In other words, you are prohibited at any time (including after termination of the agreement with Upstairs) from reproducing or communicating the Website (or parts thereof), including any information connected to or generated by the Website and/or the content of the Website, to the public in any way without the express, written and prior consent of Upstairs or its licensors.
6.2. Nothing in these Terms of Use shall be construed as conferring upon you any assignment or licence of or in respect of Upstairs' intellectual property rights.
6.3. You acknowledge and accept that the services on the Website may use 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 to indemnify Upstairs in full, in principal, interest and (court and lawyer's) 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 can be reported to Upstairs by e-mail: privacy@upstairshotel.com
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 governed exclusively by Belgian law and falls within the exclusive jurisdiction of the courts of Bruges, unless the law imperatively requires the jurisdiction of another court.
9. Contact details Upstairs
For further information, comments or complaints, the user can contact Upstairs using the details below:
Address: Hertstraat 15
8400 Ostend
E-mail address: privacy@upstairshotel.com
Telephone number: 059 46 66 66