STANDARD TERMS AND CONDITIONS APPLYING TO ONLINE SALES VIA RMT - - [NOM de l'ENTREPRISE]


1. Subject

These standard terms and conditions apply to all online reservations made with our establishment - [NOM de l'ENTREPRISE] using the Regional Marketing Tool (RMT). Customers acknowledge that they are aware of and agree to these standard terms and conditions. Reservations are only possible if customers indicate their agreement with them. Customers may save and print off these standard terms and conditions.

2. Offers

All our advertisements, web pages and offers are drawn up in good faith on the basis of available information. Maps, photos and illustrations are shown for information purposes and are not contractually binding. They may be subject to alteration before a reservation is finalised. Customers authorise us to correct any obvious material errors in the information provided to them by us.

3. Pricing

The prices shown at the time of a reservation form the total price of the service that is sold, including taxes, charges and other sundry costs. Where there are supplements, they are clearly indicated before the service is reserved.

Customers authorise us to correct any obvious pricing errors.

4. Reservations

Customers choose the services presented in the regional marketing tool. They acknowledge being aware of the nature, purpose and reservation procedures for the services available in the regional marketing tool and having requested and obtained the requisite and/or additional information to make their reservations in full knowledge of the facts. Customers bear sole responsibility for their choice of services and for the fitness thereof for their purposes, such that we bear no liability in that regard. Reservations are deemed accepted by customers upon completion of the reservation process.

5. Reservation process

Reservations made by customers are made using the virtual reservation form that is accessible online in the reservation tool. Reservations are deemed made upon receipt of the reservation form. Customers undertake to fill in all the information needed for a reservation prior to making the reservation. Customers attest to the veracity and accuracy of the information they provide. Once the final choice of services to be reserved has been made, the reservation procedure comprises the following steps up to validation: input of bank card details where a deposit or down payment is required, reading and acceptance of the standard terms and conditions of sale relating to the service(s) rendered and, finally, validation of the reservation by the customer.

6. Acknowledgement of receipt of the reservation

The reservation tool acknowledges receipt of the customer's reservation and confirms it by immediately sending an e-mail. The e-mail confirmation of the reservation summarises the contractual offer, the reserved services, the prices, the terms and conditions of sale relating to the selected tariff and accepted by the customer, the date of the reservation made and the address of the establishment where the customer can make any complaints.

7. Right of cancellation

It is pointed out that, under section VI.53 of Belgium's Economic Law Code, if the contract provides for a specific date or period of performance, the customer has no right to cancel in the case of a reservation:
• of accommodation other than for residential purposes (such as holiday accommodation),
• of transport,
• of care hire,
• of meals services and services linked to leisure activities.

8. Data protection

We collect your data in accordance with the General Data Protection Regulation (2016/679) (""GDPR"").

The personal data that you provide is necessary for processing your reservation and is essential for management and provision of the services (section 6(1)(b) of the aforementioned regulation). To these ends, your data may thus be passed on to our partners, particularly those for which Elloha.com manages the reservation tool, online payment service providers, service providers established in third countries. In particular, when making online payments, the customer's banking details will need to be sent by the payment service provider to the establishment's bank for the purpose of performing the reservation contract. We only make use of partners guaranteeing a level of protection complying with the principles laid down in the GDPR.

With your consent, your data may also be used by us to send you our promotional or commercial offers by e-mail or post.

We retain your data for three years after the last contact (e-mail, reservation, etc.).

As a person whose data is collected, you have a right to access, rectify, erase your data as well as a right to oppose the collection of your data. These rights can be exercised by sending us an e-mail stating your full name and address and the matter on which you are writing.

Your complaints regarding the collection and processing of your personal data may be sent to the relevant regulatory authority.

GENERAL TERMS OF USE

ARTICLE 1 - PURPOSE AND SCOPE

The Outil Régional de Commercialisation [Walloon regional marketing tool] (hereinafter referred to as the "ORC (by elloha)") is an initiative launched by VISITWallonia (Wallonie Belgique Tourisme asbl), which has its registered office at Rue Marché aux Herbes 25-27, 1000 Brussels and is registered with the Crossroads Bank for Enterprises (CBE) under number 0888.366.085.

These General Terms of Use (hereinafter referred to as the "GTU") define the rules governing access to and use of the ORC (by elloha), which enables online bookings to be made for tourist services in Wallonia. By accessing the ORC (by elloha), Users unreservedly accept these GTU and acknowledge their legal scope.

VISITWallonia acts as the provider of a technological tool to facilitate booking management for tourist service providers. VISITWallonia is not involved in the services themselves and does not intervene in contractual relationships between tourists and service providers.

If you have any questions about the GTU or use of the ORC, you can contact VISITWallonia by email at the following address: orc@visitwallonia.be.

VISITWallonia reserves the right to modify the GTU at any time. However, the GTU in force at the time of booking shall apply. Users are advised to read these terms carefully before using the ORC (by elloha).

ARTICLE 2 - DEFINITIONS

VISITWallonia: The non-profit association (Wallonie Belgique Tourisme asbl) responsible for the implementation and overall management of the ORC (by elloha). VISITWallonia acts as a technical and strategic facilitator, providing high-performance digital tools to promote and support tourism in Wallonia.

- ORC (by elloha): The Outil Régional de Commercialisation is a technological solution developed by the French company Elloha and configured for VISITWallonia to enable booking management for Walloon tourist services. This tool includes an integrated widget on provider websites and a centralized platform as an ancillary service.

- User: Any natural person accessing the ORC (by elloha) to search for, consult or book tourist services. Users can also manage their bookings and access exclusive offers available via the platform.

- Tourist service provider: Any economic operator providing tourist services or activities in Wallonia. Providers may include, but are not limited to, accommodation, tourist attractions, restaurants or event organizers, provided they meet the eligibility criteria defined by VISITWallonia.

ARTICLE 3 - TERMS OF ACCESS AND USE

Legal capacity

To access and use the ORC (by elloha), Users must be at least 18 years old and have the legal capacity required to enter into contracts. By accessing or using the ORC (by elloha), Users represent and warrant that they meet these criteria.

Access conditions

Access to the ORC (by elloha) is free and open for Users. VISITWallonia reserves the right to suspend or modify the access conditions for maintenance, technical or strategic reasons.

ARTICLE 4 - ORC (by elloha) SERVICES

Technical solution

The technical platform supporting the ORC (by elloha) is designed and managed in partnership with the company Elloha, based in Perpignan, France. This collaboration guarantees a reliable and secure digital infrastructure, specifically designed to facilitate the management and promotion of tourist services in Wallonia.

Available tools

VISITWallonia provides Users with a range of features to make it easier to find and book tourist activities in Wallonia. These tools include:

- Booking widget: an integrated tool enabling Users to book services directly on provider websites.
- Centralized platform: an optional service grouping together provider offers for consultation and booking. This feature remains secondary.

These tools are designed to provide optimum User experience, while guaranteeing quick and easy access to tourist services in Wallonia.


ARTICLE 5 - ROLES OF VISITWALLONIA

VISITWallonia acts as a technical facilitator by offering digital solutions particularly suited to the needs of Tourist service providers. These tools, developed in collaboration with technology experts such as Elloha, enable providers to efficiently manage their availability, promote their tourist services and facilitate secure online bookings.

As a facilitator, VISITWallonia focuses on the implementation and maintenance of this high-performance technical environment, designed to simplify interactions between Tourist service providers and Users.

ARTICLE 6 - USER OBLIGATIONS

Compliance with the GTU

The User undertakes to comply with all the provisions of these GTU. Any use contrary to the terms of the GTU may result in sanctions, including suspension of access to the ORC (by elloha).

Accuracy of information The User guarantees that the information provided when using the ORC (by elloha) is accurate, complete and up to date. Any erroneous or misleading information is strictly prohibited.

Responsible use The User undertakes to use the ORC (by elloha) in a responsible and lawful manner. In particular, they shall refrain from:
- Altering or disrupting the operation of the ORC (by elloha);
- Accessing or attempting to access unauthorized sections of the ORC (by elloha);
- Using the ORC for fraudulent, harmful or illegal purposes.

Respect for third parties
The User undertakes not to infringe the rights of other Users, Tourist service providers or any third party in connection with the use of the ORC (by elloha). This includes respecting intellectual property rights and personal data.

ARTICLE 7 – RESPONSIBILITIES

VISITWallonia's responsibilities

VISITWallonia, in collaboration with its technical provider Elloha, shall undertake to maintain a high level of quality and availability of the ORC (by elloha). VISITWallonia shall also endeavor to guarantee the security of Users' personal data and the reliability of transactions carried out via the ORC (by elloha). All necessary technical and organizational measures shall be taken to prevent the risks associated with unauthorized access to or the loss or modification of data.

However, VISITWallonia cannot be held responsible for the consequences of interactions or contracts between Users and providers, nor for any service interruptions due to technical reasons, scheduled maintenance or force majeure.

Relationships with tourist service providers

Users acknowledge that any booking made via the ORC (by elloha) establishes a direct contractual relationship between them and the Tourist service providers. These contracts include, but are not limited to, booking conditions, cancellation policies, payment obligations and the provision and quality of services. VISITWallonia, in its capacity as a technical facilitator, does not intervene in the negotiation, conclusion or execution of these contracts.

Tourist service providers shall be fully responsible for the accuracy of the information they publish on the ORC (by elloha), including availability, descriptions of services, and prices.Similarly, Users must ensure that they fully understand the terms of the services before making a booking.

VISITWallonia cannot be held responsible for the performance or improper performance of contractual obligations arising from these relationships. Any question, claim or dispute relating to the services must be dealt with directly between Users and Tourist service providers. VISITWallonia limits itself to providing technical support for access to the tool and does not play any operational or decision-making role in these contractual relationships.

ARTICLE 8 – FORCE MAJEURE

VISITWallonia shall not be liable for any delay or failure to perform its obligations if such delay or failure is caused by events or circumstances beyond its reasonable control. Such events include, but are not limited to, 'force majeure' such as earthquakes, floods, labor disputes involving third parties, restrictions imposed by public utilities, power failures, explosions, civil disturbances, acts of vandalism, riots, wars and other similar events.

In the event of a force majeure situation, VISITWallonia undertakes to make all reasonable efforts to minimize the impact and damage resulting from such events. We shall aim to resume normal operations and services as soon as possible after the resolution of such situations.

ARTICLE 9 - MODIFICATION OR DISCONTINUATION OF SERVICE

VISITWallonia reserves the right to modify, suspend or discontinue all or part of the ORC (by elloha) services any time and without notice, including for strategic or operational reasons. By using this service, you acknowledge that VISITWallonia may make such decisions, which may affect your use of the ORC (by elloha).

We undertake to communicate any significant modification or interruption as soon as possible in order to minimize any inconvenience to Users.

ARTICLE 10 – ACKNOWLEDGEMENT OF AND COMPLIANCE WITH THE GTS OF TOURIST SERVICE PROVIDERS

Consulting the GTS
Before confirming a booking via the ORC (by elloha), the User undertakes to consult the General Terms of Sale (hereinafter referred to as the "GTS") specifically to the provider in question. These GTS detail the contractual terms and conditions, including cancellation policies, payment terms and conditions and any other applicable obligations.

Complying with the GTS
By confirming a booking, the User acknowledges that they have read and unreservedly accept the GTS of the Tourist service provider. The User undertakes to comply with the terms and conditions set out, including but not limited to the rules governing the use of the services or products booked.

Direct relationship with the Tourist service provider
The User accepts that any booking made via the ORC (by elloha) constitutes a direct contractual relationship between them and the Tourist service provider. VISITWallonia does not intervene in these contractual relationships and cannot be held responsible for the performance or improper performance of the obligations defined in the GTS.
Disputes relating to the GTS
In the event of a dispute relating to the application of the GTS, the User is invited to directly contact the relevant Tourist service provider.

Streitigkeiten im Zusammenhang mit den AGB
Im Falle von Streitigkeiten über die Anwendung der AGB wird der Nutzer gebeten, sich direkt mit dem betreffenden Tourismusanbieter in Verbindung zu setzen.

ARTICLE 11 - INTELLECTUAL PROPERTY

The ORC (by elloha), including its concept, source codes and technical structure, is the exclusive property of Elloha. The content of tourist services, such as descriptions, rates and associated conditions, shall remain the property of the providers.
Any reproduction, modification or commercial use of the elements accessible via the ORC (by elloha) is strictly prohibited without the prior written authorization of the respective owners. Any infringement may result in prosecution.

ARTICLE 12 - PROCESSING OF PERSONAL DATA

VISITWallonia may process Users' personal data in compliance with current legislation.
Full information on the use of personal data is contained in the data protection policy accessible via the following link, which the User acknowledges having read.

ARTICLE 13 - APPLICABLE LAW AND COMPETENT COURTS
The GTU are governed by Belgian law. However, if the User is acting as a consumer within the meaning of applicable law, they shall also benefit from the mandatory provisions of the law of their country of residence, when these are more favorable to them.
This clause does not affect the mandatory rights of consumers to have recourse to alternative dispute resolution mechanisms or to bring an action before the competent courts as provided for by their national legislation.

ARTICLE 14 - FINAL PROVISIONS
The fact that VISITWallonia does not avail itself, at one time or another, of one of the provisions of the GTU may not be interpreted as a waiver by VISITWallonia of its right to do so at a later date.
The invalidity or unenforceability of any provision of the GTU shall not affect the validity of the other provisions, which shall remain in full force and effect.

CONFIDENTIALITY CHARTER

Last updated on 2024/10/20

PURPOSE OF THE CONFIDENTIALITY CHARTER

The purpose of this charter is to provide you with all the information relating to the processing of your personal data by the non-profit association VISITWALLONIA (hereinafter referred to as ‘VISITWALLONIA’). This remains in the context of the performance of its tasks in the public interest, as well as the processing of your personal data by VISITWALLONIA in the context of the performance of its tasks in the public interest. VISITWallonia (hereinafter referred to as ‘VISITWallonia’) in the context of the performance of its public interest missions, as well as on the exercise of your rights. This relates specifically to your visit to the ORC website and/or your subscription to the newsletter.

VISITWallonia processes personal data (hereinafter referred to as ‘Personal Data’) in accordance with Belgian and European regulations applicable to the protection of personal data, and in particular:

• Regulation (EU) 2016/679 of the European Parliament and of the Council 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/EC (hereinafter referred to as ‘GDPR’ ) ;
• The law of 30 July 2018 on the protection of individuals with regard to the processing of personal data.

CONTACT DETAILS OF THE DATA CONTROLLER AND THE DATA MANAGEMENT DELEGATE

Data controller

The person responsible for processing your Personal Data is: VISITWallonia a.s.b.l.. The registered office is established in 1000 Brussels, rue Marché aux Herbes, 25-27 and whose operating office is established in 5000 Namur, avenue Comte de Smet de Nayer, 14, registered with the ECB under number 0888.366.085 (hereinafter referred to as ‘VISITWallonia’).

Data management delegate

If you have any questions about this Privacy Policy or the information VISITWallonia holds about you, you can contact VISITWallonia's Data Management Officer at the following email address: vieprivee@visitwallonia.be

CATEGORIES OF PERSONAL DATA PROCESSED BY VISITWALLONIA

VISITWallonia may process the following categories of Personal Data:

• Identification data: first name, e-mail address;
• Browsing data processed when you visit our websites: IP address, data collected through cookies (see below), browsing history, type of browser, pages viewed, unique identification numbers, geolocation data.
• Data that you volunteer to VISITWallonia.

LAWFULNESS AND PURPOSES OF PERSONAL DATA PROCESSING

VISITWallonia is classified as a type 3 organisation as referred to in the decree of 15 December 2011 on the organisation of the budget, accounting and reporting of Walloon public administration units. It is entrusted with public interest missions as defined in article 31/4.D. of the Walloon Tourism Code, the aim of which is to promote the heritage, infrastructure and tourism initiatives of the French-speaking region.

It is in the context of these missions entrusted to VISITWallonia that all processing of Personal Data is carried out within VISITWallonia.

PURPOSE	LEGAL BASIS
1. Promotional communications by email (newsletter)	On the basis of your consent
Visiting the ORC website to comply with a legal obligation	To carry out its public interest missions On the basis of your consent

SHARING OF PERSONAL DATA

In order to carry out the purposes described above, VISITWallonia may share your Personal Data with the following third parties:

1. Partners with whom VISITWallonia collaborates in the performance of its public interest tasks:

• all regional, federal and community administrations and bodies in the performance of their duties;

• all players in the tourism, cultural and HoReCa sectors and professional associations.

2. VISITWallonia employees in Belgium and abroad in the performance of their duties.

3. Subcontractors and external service providers.

VISITWallonia may need to disclose your Personal Data in order to (a) comply with applicable laws, court orders or subpoenas, and/or (b) protect and defend its rights or the rights of persons affected by the processing of such Personal Data.

In each case, VISITWallonia will ensure that such disclosure is in accordance with the law and safeguards your essential data protection rights.

STORAGE AND TRANSFER OF PERSONAL DATA OUTSIDE THE EUROPEAN ECONOMIC AREA

Your Personal Data is stored in Belgium or elsewhere in the European Economic Area, thus guaranteeing equivalent protection.

However, your Personal Data may be shared with recipients outside the European Economic Area. In such cases, VISITWallonia makes every effort to ensure that these recipients provide adequate protection. This includes measures such as adequacy determinations by the European Commission, standard contractual clauses, internal company rules, or other arrangements that comply with EU requirements.

WHAT ARE YOUR RIGHTS AND HOW CAN YOU EXERCISE THEM?

In accordance with current legislation, you have a number of rights relating to the processing of your Personal Data.

These rights may be exercised by writing to VISITWallonia or by sending an e-mail to the following address: vieprivee@visitwallonia.be

Right of access

You have the right to ask VISITWallonia for the Personal Data it holds about you. This right gives you the opportunity to request a copy of all or part of your Personal Data, if you so wish.

Right to object

Where the processing of your Personal Data is based exclusively on the performance of one of VISITWallonia's public interest tasks, you have the right, on grounds relating to your particular situation, to object to such processing.

However, VISITWallonia may refuse your request to object if it can demonstrate compelling legitimate grounds for processing your Personal Data.

Right of rectification

You have the right to ask VISITWallonia to correct information that is incorrect.

Right of limitation

You have the right to obtain the limitation of the processing of your Personal Data when:

• You challenge the accuracy of your Personal Data, for a period allowing VISITWallonia to verify the accuracy of such data.
• the processing is unlawful;
• VISITWallonia no longer needs the Personal Data but it is still necessary for you to exercise a legal right;
• You exercise your right to object, for a period allowing VISITWallonia to verify that the legitimate reasons it is pursuing prevail over yours.

Right to erasure

You have the right to ask VISITWallonia to delete your Personal Data if you find yourself in one of the following situations:

• the data is not or is no longer necessary for the purposes for which it was originally collected or processed;
• you withdraw your consent to the use of your data;
• your data is processed unlawfully;
• your data must be deleted to comply with a legal obligation;
• you have objected to the processing of your data and there is no legitimate or compelling reason not to comply with this request.

Right to withdraw your consent

Where the processing of your Personal Data is based on your consent, this consent may be withdrawn.

Right of portability

You also have the right to receive the Personal Data concerning you that you have provided to VISITWallonia in a structured, commonly used and machine-readable format and the right to transfer it to another controller where the processing of Personal Data is based on your consent or a contract and carried out using automated processes.

Right of complaint

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, your place of work or the place of the alleged breach if you consider that the processing of your Personal Data is in breach of the GDPR.

In Belgium:

Data Protection Authority

Rue de la Presse 35, 1000 Bruxelles

Tel : +32(0)2 274 48 00 • Fax : +32(0)2 274 48 35

Email :

Website : www.autoriteprotectiondonnees.be

COOKIES

Please consult our cookies policy.

SECURITY MEASURES

In order to ensure the protection of Personal Data processed, VISTWallonia has put in place appropriate technical and organisational measures to ensure a level of security appropriate to the risk, including among others, as required in accordance with Article 32 of the GDPR.

DATA RETENTION PERIOD

VISITWallonia retains your Personal Data for the following period:

PURPOSE	RETENTION PERIOD
1. Promotional email communications (newsletter)<	Withdrawal of consent
2. Visit to the ORC website	Withdrawal of consent or for the time necessary to achieve the intended purpose

COOKIE MANAGEMENT POLICY

What is a cookies ?

A «cookie» is a set of information, usually small and identified by a name, which can be passed on to your browser from a website on which you are logging on to. Your web browser will keep it for a time and will send it back to the internet server every time you go there will reconnect. Cookies have multiple uses: to ensure that the site internet takes into account the visitor’s preferences, collect data statistics, adapt the content and/or advertising of websites according to User, etc.

Most cookies only work for the time of a session or visit of the website. You can also configure your browser to be informed each time a “cookie” is created or to prevent their recording, individually or otherwise.


Types of cookies

We inform you about the type of cookies used on the website visitwallonia.elloha.com :

Necessary cookies: these cookies are needed for purely techniques for a normal visit of the website. The use of these cookies does not require your prior consent.

Details of the cookies :

Name	Supplier	Purpose	Expiry
ASP.NET_SessionId	Microsoft	A session cookie generated by ASP.NET web applications. Its purpose is to store the user’s session ID, which is used by the web server to track the user’s session status.	Session
BEResponsive	reservation.elloha.com	This cookie allows to maintain the session between the end user of the booking-engine Elloha and the server.	1 an
ARRAffinitySameSite	Microsoft	This cookie allows the load-balancing to work properly.	Session
ARRAffinity	Microsoft	it is a version of the "ARRAffinitySameSite" cookie for old browsers.	Session
RequestVerificationToken	Microsoft	this cookie protects the user from attacks CSRF	Session

How to see which cookies are installed on my device and how to delete them ?

You can also refuse or delete the installation of cookies by following the procedures described below according to your browser software.

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If you wish to delete cookies, the settings or preferences controlled by these cookies will be deleted as well. Deleting cookies may impair optimal navigation and website functionality.