General Terms and Conditions of Use of the website

1. INFORMATION ABOUT VISITBRUSSELS

1.1 SITE PUBLISHER

The site www.visit.brussels (hereinafter, the "Site") is managed and operated under the responsibility of:

The non-profit organisation visit.brussels (hereinafter "visit.brussels"),

Rue Royale 2-4

B-1000 Brussels

CBE no.: 0600.885.207

The Site is a platform intended to provide information to users (hereinafter, "the User") concerning the Brussels-Capital Region, in particular the cultural visits and events offered by the Region and its Partners, the hotels, restaurants, parks, markets located there, the shows and concerts held there, etc. (hereinafter, the "Services").

Any question or complaint relating to the Site, these General Terms and Conditions of Use (hereinafter, the "GTCU"), the Privacy Policy (hereinafter, the "Policy") and the General Terms and Conditions of Sale (hereinafter, the "GTCS") may be sent to visit.brussels at the following email address: dataprivacy@visit.brussels.

1.2 ACCEPTANCE

Access to the Site is subject to these GTCU and the Privacy Policy and, for certain parts of the Site, to the General Terms and Conditions of Sale (hereinafter "GTCS"), as well as to the applicable laws and regulations. Consequently, access to the Site implies full and unreserved acceptance by the User of these GTCU and the Policy and, for certain parts of the Site, the GTCS.

The present GTCU, the GTCS and the Policy exclusively govern the relationship between the User and visit.brussels regarding the use of the Site and the Services. They can be consulted on the Site at any time.

1.3 MODIFICATIONS

visit.brussels reserves the right to modify and update these GTCU, the GTCS, the Policy, access to the Site and its content at any time. All these modifications are binding on the User at the time of each access to the Site. The General Terms and Conditions applicable are then those in force on the day the User uses the Site or the Services.

1.4 LANGUAGE VERSIONS

In the event of discrepancies between the language versions of these GTCU, the GTCS and the Policy, the French language version will prevail.

2. ACCESS TO THE SITE AND OBLIGATIONS RELATED TO THE USE OF THE SITE AND ITS CONTENT

2.1. The User agrees to use the Site solely for its intended purpose, to the exclusion of any other purpose.

2.2. The User undertakes to respect these General Terms and Conditions of Use as well as the legislation in force, and in particular to refrain from:

- using the Site to send junk mail, unsolicited mail, pyramid schemes, or similar or fraudulent schemes;

- any action that may have the effect of disrupting the proper functioning of the Site or the Service, including the use of viruses, malware and bulk emailing;

- attempts to violate unauthorised access to any part of the Site or the equipment used to operate the Site;

- use a false name or alias, or impersonate any other person or entity;

- use the Site for purposes other than those intended.

2.3. visit.brussels shall not be held liable in the event of non-compliance by the User with the GTCU, the GTCS, the Policy, the laws or the applicable regulations. The User indemnifies visit.brussels against any action, claim or complaint by third parties (including public authorities) relating to its use of the Site.

2.4. The User is also obliged to inform visit.brussels immediately in writing if they  become aware of any inappropriate behaviour in connection with the Site, by sending an email to the following address: dataprivacy@visit.brussels.

3. REGISTRATION

The User is a natural or legal person. They can register, in particular to subscribe to the visit.brussels newsletters or to save their favourite places, by creating an account via the Site to become a member. Registration is free.

If the User is a legal entity, they certify that they are authorised to do so and commit the legal entity to these GTCU.

After submitting the registration form available on the Site, the User receives an email at the address indicated on the form, containing an acknowledgement of receipt and their user name and password. Registration is complete when the User has confirmed their registration request by clicking on the hyperlink in the acknowledgement of receipt sent by visit.brussels. The User can then log on to the Site by entering their user name and confidential password in the fields provided for this purpose.

The registration of a User results in the registration of personal and other data regarding the User in the visit.brussels database

visit.brussels processes the personal data transmitted to it in accordance with the legislation in force, and in particular with Regulation 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, applicable from 25 May 2018 (hereinafter, the "General Data Protection Regulation") and with the Law of 30 July 2018 on the protection of natural persons with regard to the processing of personal data

To exercise their rights as a data subject (e.g. a request to unsubscribe) conferred by the General Data Protection Regulation, the User must send a written request, accompanied by a copy of their identity card or passport, to the data controller:

 - by email: dataprivacy@visit.brussels.

- by post:

visit.brussels asbl

Rue Royale 2-4

B-1000 Brussels

visit.brussels will then take the necessary steps to satisfy this request as soon as possible and in all cases within one month of the receipt of the request. If necessary, this deadline may be extended by two months, depending on the complexity and number of requests.

Please consult the Privacy Policy for more information about the use of personal data by visit.brussels.

The User is responsible for the use of and access to their account. In this regard, the User must ensure that no other person will have access to the Site with their password. If the User becomes aware that another person is accessing the Site with their password, they must inform visit.brussels without delay by email to the following address: dataprivacy@visit.brussels.

4. INTELLECTUAL PROPERTY RIGHTS

4.1. The Site and its components (trademarks, logos, graphics, photographs, animations, videos, music, texts, images, databases, etc.) are the property of visit.brussels. They are protected by intellectual property rights (in particular copyright and related rights, trademark and patent rights, etc.) and may not be reproduced, disseminated, modified, made public, distributed, transmitted, sold or transferred in any other way without the prior written consent of visit.brussels or, where applicable, the holder of the rights concerned; otherwise they risk committing an offence that may incur the civil and criminal liability of its perpetrator.

4.2. Any total or partial reproduction of the Site is strictly forbidden.

4.3. The act of affixing a hyperlink to the Site using the technique known as framing or deep linking is strictly prohibited without the prior written permission of visit.brussels.

4.4. The Site is reserved for strictly personal use unless a specific and express agreement or licence has been granted by visit.brussels.

5. LIABILITY RELATED TO THE USE OF THE SITE

5.1. ACCESSIBILITY AND OPERATION OF THE SITE

5.1.1. The Site is accessible to anyone with Internet access. All costs related to accessing the Site, including software, internet access fees or hardware, are the sole responsibility of the User. The User is solely responsible for the proper functioning of their computer equipment and their Internet access.

visit.brussels reserves the right to refuse access to all or part of the Site, unilaterally and without prior notice, to any User who does not comply with these General Terms and Conditions.

visit.brussels also retains the right to suspend or discontinue all or part of the Site, at any time, without justification or prior notice.

5.1.2. visit.brussels ensures, as far as possible, that the Site is up-to-date and remains accessible to Users. However, visit.brussels does not guarantee that the functions of the Site will be available without interruption or error, that defects will be corrected immediately or that the Site and the server that makes it available are/will be free of viruses or other malware. 

visit.brussels is not liable for any loss and/or damage of any kind arising from the suspension, interruption, (technical) disruption, slowdown, difficult accessibility and/or cessation of accessibility to all or part of the Site, any other technical problem affecting the use of/access to the Site, or any virus or other malware present on the Site or directly or indirectly affecting it.

5.1.3. If the User notices the presence of a virus or other malware on the Site, they are requested to notify visit.brussels at dataprivacy@visit.brussels so that the necessary measures can be taken. visit.brussels advises the User to install firewalls, anti-virus and other necessary protection software on their computer to prevent possible damage to it.

5.1.4. visit.brussels cannot be held liable for incorrect or inaccurate information published on the Site. Incorrect or inaccurate information will not result in any financial compensation to any person.

The User assumes full responsibility for any decision they make to book any activity as a result of information obtained from the Site. 

5.2. USE OF THE SITE

The User uses the Site at their own risk. The Site, its components and all related information, software, installations and services are provided on an "as is" and "as available" basis without guarantees of any kind (either express or implied) and to the fullest extent permitted by the applicable law.

visit.brussels disclaims all liability for any loss or damage (direct, indirect, material or immaterial) resulting from the use of the Site and its components, or from an inability to use the Site.

5.3. LINKS TO AND FROM OTHER SITES

Hyperlinks to websites operated by third parties may appear on the Site. visit.brussels has no control over these websites or the information they contain and cannot be held responsible for the content or quality of these websites. The placement of links on the Site does not in any way imply an endorsement of the content of these websites or web pages by visit.brussels asbl.

In addition, some websites may include a link to the Site. These third-party sites are not controlled by visit.brussels, which therefore assumes no liability for their operation, content and use. Unless expressly mentioned otherwise by visit.brussels on the Site, the existence of such links does not imply any endorsement by visit.brussels of these third-party sites or the use that may be made of them, nor any association or partnership with the operators of these sites.

6. COMPLAINTS

To be valid, any possible complaint by the User relating to the Site must be sent by email to dataprivacy@visit.brussels within eight (8) calendar days of the day of knowledge of the fact that gives rise to the complaint. The absence of any dispute in accordance with the aforementioned rules entails the unconditional and unreserved acceptance by the User of the fact that gives rise to the complaint and, de facto, the definitive waiver of any claim on this account.

7. VALIDITY OF CONTRACTUAL CLAUSES

7.1 The failure of visit.brussels to enforce any provision of these GTCU at any time cannot be construed as a waiver of any subsequent rights under the same.

7.2 If any provision of these GTCU is invalid, void or unenforceable in whole or in part, this shall not invalidate the entire partially valid provision or any other provision of these GTCU. The fully or partially invalid, void or unenforceable provision shall be deemed unwritten. visit.brussels undertakes to replace the invalid provision by a valid and consistent provision which, having regard to economic, legal and commercial limitations, achieves the same objectives as the one declared invalid. 

8. APPLICABLE LAW AND COMPETENT JURISDICTION

8.1 These GTCU are subject to Belgian law.

8.2 The Parties shall endeavour to amicably resolve any dispute to which the present GTCU may give rise, in particular concerning their validity, interpretation, execution or termination. Failing this, any dispute which cannot be settled amicably by the Parties shall be decided by a Arbitration Tribunal composed of a single arbitrator. The arbitrator shall be appointed (i) by mutual agreement of the Parties within 10 (ten) days following the commencement of the proceedings (ii) or by CEPANI (the Belgian Centre for Arbitration and Mediation) in the event of failure to appoint an arbitrator by mutual agreement at the end of the aforementioned 10 (ten) day period. The arbitrator will rule in accordance with Belgian law. The costs of the arbitration and expert determination shall be borne by the defaulting Party, and in the event of difficulties in application, will be shared between the Parties in the proportion decided by the arbitrator.