1. IDENTITY AND CONTACT DETAILS OF ROSA HOTEL

1.1. The website available at the address ostendian.com (hereinafter: the “Website”) is operated by and is the property of Flow Hospitality Group, with company number BE 0641 997 666 and registered office at Van Iseghemlaan 105, 8400 Oostende.

1.2. Information and details of ROSA hotel:

Legal form: NV

Company name: Flow Hospitality Group

Trade name: The Ostendian

Registered office: Van Iseghemlaan 105, 8400 Oostende

VAT number: BE 0641 997 666

Phone number: 059 80 66 11

E-mail: privacy@flowhg.com

Website hyperlink(s): ostendian.com

2. APPLICABILITY OF THESE TERMS OF USE

2.1. These terms of use apply exclusively to the use of the Website. The current conditions do not in any way cover the usage policy of other service providers you use on or via the Website.

2.2. Before you can use (the services connected to) the Website in any way, you must explicitly, 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 section ‘Terms of Use – Disclaimer’ on the Website.

2.3. The possible nullity or non-applicability of one or more provisions of these terms of use does not lead to the nullity of the entirety of these conditions.

2.4. ROSA 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 conditions. These terms of use were last modified on October 19, 2021.

2.5. These terms of use apply without prejudice to the possible application of mandatory legal provisions for the protection of consumers (in particular the relevant provisions of the Code of Economic Law (CEL)).

3. TERMS OF USE

3.1. Information and content on the Website

3.1.1. The Ostendian tries 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 The Ostendian accepts no liability.

3.1.2. The Ostendian cannot exclude that disruptions, interruptions or technical errors occur that 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 (performance) obligation and cannot give rise to compensation or termination of the agreement with The Ostendian. The information on the Website is available in the state as consulted without any guarantees being provided. The use of the Website and the information contained therein is therefore entirely at your own risk and responsibility. You acknowledge and accept that The Ostendian’s obligations regarding the operation and content of the Website are merely best-effort 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 proper and stable internet connection and performant hardware and software suitable for (the services of) the Website. You must also have sufficiently adequate and recent antivirus, anti-spyware and firewall protection on your systems.

3.2.2. In the event that the systems of The Ostendian, 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, fully and unlimitedly liable towards The Ostendian and you will fully, unlimitedly, in principal, interest and (lawyer) costs indemnify The Ostendian against any claim from third parties (including appointees, subcontractors, external suppliers or service providers and users of The Ostendian) who would suffer damage as a result.

3.3. Measures

4. PROCESSING OF PERSONAL DATA

ROSA hotel takes care of your privacy and always acts in accordance with the provisions of the applicable privacy regulations. For more information about the protection and processing of your personal data on or via the Website, you can consult the privacy policy at: ostendian.com/privacy-policy/.

5. LIABILITY

5.1. The Ostendian 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 malfunctions, interruptions, technical errors, incorrect technical maneuvers, unauthorized interventions (including hackers), viruses, etc. on the Website;

– (the functioning and/or availability of) third-party software and/or applications or their consequences for downloading from and/or using the Website;

– indirect damage, consequential damage or incidental damage (including but not limited to loss of time, loss of opportunity, loss of profit, loss of income, emotional damage, etc.);

– cases of force majeure;

– a minor error other than intentional or a serious error equivalent to intentional.

5.2. The Ostendian can in no case be held jointly and severally liable or in solidum with third parties to compensate for 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, audio files, HTML codes, software, databases, the design or any other creation, content or information on or related to the Website, belong to the exclusive intellectual property of ROSA hotel or its licensors and may only be reproduced or communicated to the public after explicit, written and prior consent of The Ostendian or its licensors.

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

6.2. Nothing in these terms of use can be interpreted as a transfer or license of or regarding the intellectual property rights of ROSA hotel to you.

6.3. You acknowledge and accept that certain open source software or freeware may be used for the services on the Website under licenses that 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 intellectual property rights of third parties. You declare that you will respect these rights and fully indemnify The Ostendian, in principal, interest and (legal and attorney) costs for any infringements you may make on 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 The Ostendian via email: privacy@flowhg.com

8. APPLICABLE LAW – COMPETENT COURTS

Any dispute regarding the interpretation or application of these terms of use or arising from any use of the Website is exclusively subject to Belgian law and falls under the exclusive jurisdiction of the courts of Bruges, unless the law mandatorily prescribes the jurisdiction of another court.

9. CONTACT DETAILS OSTENDIAN

For further information, comments or complaints, the user can contact The Ostendian via the details below:

THE OSTENDIAN
OESTERBANKSTRAAT 6
8400 OOSTENDE
+32 59 46 46 01
Email address: privacy@flowhg.com