Terms and Conditions of Sale and Use
LINKHOSPI Website is edited by LINKHOTEL SAS, whose head office is located at 25 rue de Ponthieu, 75008 Paris – France. It is registered at Paris Register of Companies under number 792 749 434 (hereinafter referred to as “LINKHOSPI”)
LINKHOSPI Website is a social network exclusively dedicated to managers and/or owners of 4 stars, 5 stars and Luxury Hotels. LINKHOSPI offers a community platform of services aiming at sharing strategic information with the highest level of confidentiality.
Via its Website, LINKHOSPI makes an Internet Platform available to its Members on a temporary and revocable basis. With this platform, the Member can:
- Create and manage his(her) personal profile and link it up to his(her) hotel;
- View other Members Profiles;
- Contact other Members;
- Create a Report for Clients or companies requiring special attention;
- Receive a notification as soon as there is an incident at another Member’s hotel and adapt his(her) behavior towards Clients or companies that have been reported;
- Gain access to management job opportunities;
- Post job offers that can be viewed by other Members;
- Contact trusted Suppliers and get special membership discounts;
- Read the latest news in the hotel industry;
- Receive all messages issued by LINKHOSPI to its Members, such as administrative messages that the Member has expressly agreed to receive.
Access to and use of this Website and its content by Members is subject to the following Terms and Conditions.
IMPORTANT – NOTE TO THE MEMBERS
ARTICLE 1 DEFINITIONS
The definitions below put in the singular can also apply in the plural and vice versa, depending on the context.
- “Applicant” refers to an Internet user who is not a Member but who has applied for registration in accordance with article 4 of these Terms and Conditions.
- “Client” refers to a client or company who has stayed in one of the Members’ Hotel.
- “Terms and Conditions” refers to the following Terms and Conditions of Use that apply to all Website Members.
- “Content” refers to any component, especially pictures and texts, published by a Member on the Website and related to his(her) Profile.
- “Hotel” refers to the 4 stars, 5 stars or Luxury Hotel related to the Member’s Profile.
- “Supplier” refers to professional traders selected by LINKHOSPI and whose sale offers can be posted on the Website and viewed by the Members.
- “Member” refers to any professional individual entity, manager or owner of a 4 stars, 5 stars or Luxury Hotel, who has registered according to article 4 of the following Terms and Conditions.
- “Profile” refers to the Member’s personal Web page that can be solely accessed once the Member has logged into the Website through his email and password. The Profile is particularly useful to further expand information the Member would like to share with other Members.
- “Services” refers to the various Website features offered to the Members.
- “Report” refers to the possibility for a Member to list a Client who has stayed in his Hotel and requires specific attention; the Report is stored in a file that can be viewed by all Members.
- “Website” refers to LINKHOSPI Website, whose main address is www.Iinkhospi.com. The Website comprises IT components (especially software, system developments and Web pages that include programs expressed as source and object code, domain names, preliminary design work, specifications and preparatory studies, user’s manual and database), brand guidelines (including projects, layouts, plans and prototypes), content (including text, graphic, sound, picture and multimedia components) and features as well as their related rights.
ARTICLE 2 OBJECT
The purpose of these Terms and Conditions is to govern the terms and conditions of use of the Website Services by the Members, and to define the rights and obligations of the Members who are put in touch with each other via the Website.
ARTICLE 3 WEBSITE ACCESS
The Website can be accessed through the following URL : www.linkhospi.com
Access to the Website is exclusively granted to Members who have been duly registered according to article 4 of these Terms and Conditions.
Once they have registered, the Members can log into the website by filling in each time they log in the email address and password they chose during the course of their registration.
The Website Services may evolve over time according to updates that will be used in particular to meet new technical, commercial or legal requirements. Therefore, LINKHOSPI cannot be liable for the detriments that may result from such evolution, especially in case of cancellation of all or part of the existing Services during the course of the Member’s registration.
ARTICLE 4 MEMBER REGISTRATION
Only professional individual entities managers and/or owners of 4 stars, 5 stars or Luxury Hotels can register as Members when they submit their subscription and according to local regulations applying to the hotel concerned.
Member registration is made on behalf of the Hotel.
Membership is free, except for connection costs that are exclusively borne by Members; it implies full, complete and unconditional assent to these Terms and Conditions.
During the course of his registration, the Applicant will have to provide information about both himself and his hotel. Pictures of both Applicant and Hotel are mandatory. Applicants undertake to provide correct, reliable and updated information.
LINKHOSPI expects each Applicant to comply with the highest standards of conduct in terms of good manners, propriety and mutual respect.
Once the registration has been recorded, each Applicant will be contacted by a LINKHOSPI team member in order to check the information provided. LINKHOSPI reserves the right to turn down an application for Website registration.
Once information have been checked, the Applicant will receive an email to confirm their membership and grant them access to the Website.
ARTICLE 5 CHANGE OF HOTEL
When a Member goes to work in another hotel, he must notify the Hotel under which name he made his original registration.
This Hotel can then either cancel the account according to provisions of article 15 or keep this account with the aim of enabling its link to the Profile of the Members’ substitute.
The Member without any related hotel may only access his Profile, to the exclusion of any other Website functions, or he may to decide to delete this Profile.
The Member without any related hotel may:
- Either link his Profile to a Hotel that will be registered with LINKHOSPI on this occasion;
- Or ask to be linked to a Hotel that is already registered with LINKHOSPI via the “Special Exchange Space” available on the Website homepage, and thus merge his file with this new hotel.
In any event, LINKHOSPI reserves the right to have another check according to provisions of article 4 whenever there is a new link between a Profile and Hotel.
ARTICLE 6 CONFIDENTIALITY
User’s names and passwords are strictly confidential. LINKHOSPI and the Members undertake to safeguard this confidentiality.
Each Member has a responsibility to keep confidential the user’s name and password he received once he has completed the registration form; and each Member agrees that he is fully responsible for the operations made while using is user’s name, password and account.
The Member can change his password on his(her) Profile page at any time.
Within the shortest possible time, the Member undertakes to notify LINKHOSPI of any theft or confidentiality breach by using the contact form available in the « Contact us » section.
ARTICLE 7 CONTACT WITH OTHER MEMBERS
Members can send messages to other Members by using the address mentioned in each Member’s file. It is up to the Member to define an address on which he(she) is able and has the right to receive emails from LINKHOSPI and other Members.
LINKHOSPI does not have any preventive or precautionary supervision on the content of messages sent by the Members, and it cannot be liable for the content of a message issued by a Member.
According to provisions of article 15, LINKHOSPI reserves the right to cancel a Member’s account if he(she) uses other Members’ email addresses to promote him(her)self, send spams or adverts, or make any other excessive use of the former.
ARTICLE 8 WEBSITE ACCESSIBILITY
Before a Member can access the Website, he(she) needs to:
- Register according to provisions of article 4 of these terms and conditions.
Access to the Website can be done from a computer, smartphone or tablet PC connected to www.linkhospi.com server using any means of communication.
LINKHOSPI does not put at the disposal of Members any device, telephone equipment, terminal equipment, consumables or otherwise. Whatever the connection system, the cost of connection is chargeable to Members and the same applies to any amount, fee, tax or charge that may be raised by Internet access providers to connect Members to the Website.
LINKHOSPI is doing its best to ensure Website availability. However, Members must be aware that the Website has no obligation for availability, accessibility or performance. On this account, Members cannot call on any Website failure that would prevent its access or deteriorate the Members’ experience.
Notwithstanding above-mentioned limitations, the Website is online 24 hours a day and 7 days a week.
Besides, the Members declare that they agree to Internet features and limitations and they particularly acknowledge that:
- They are aware of the fact that Website performances depend for a large part on the specificities of their computer, modem and selected connection system;
- They know about the nature of the Internet network and especially its technical performances and response time when it comes to view, request or transfer data or contents;
- It is up to them to take all appropriate measures to protect their data and/or equipment against potential viruses or intrusion attempts that may damage or affect the smooth running of their computer equipment.
LINKHOSPI cannot be liable for direct or indirect damages, losses or expenses that may result from the use of the Website. Likewise, LINKHOSPI cannot be held liable if the Website cannot be used, or if it does not function properly, or if the service is discontinued for maintenance purposes, because of technical defects in the hosting server or because of interrupted internet connection or any cause whatsoever, such as virus or system or connection problems.
LINKHOSPI reserves the rights to discontinue, modify, or deactivate temporarily or permanently the Website access for maintenance, update or improvement purposes, or for the purpose of developing the Website content and/or display. This can be done without notice and it will not entitle to any compensation whatsoever; yet, whenever possible, LINKHOSPI will inform the Members before such operations are carried out.
ARTICLE 9 INTELLECTUAL PROPERTY RIGHTS
9.1. Intellectual property rights of the Members
The Members declare and guarantee that they are the sole owners of all intellectual property rights and/or image reproduction rights pertaining to the information (texts, images, drawings, pictures, comments, trademarks, corporate names, etc.) posted or circulated on the Website. If not, the Members declare and guarantee that they hold all necessary rights, authorizations and licenses to post and display aforementioned information and concede the rights granted to LINKHOSPI under above-mentioned conditions.
They also guarantee that the Content posted or circulated do not constitute, in whole or in part, acts of counterfeiting, unfair competition or unfair commercial use, neither damage the reputation of people or assets.
The Members retain all potential intellectual property rights pertaining to the Content of any kind whatsoever (texts, images, drawings, pictures, comments, trademarks, corporate names, etc.) that they post or circulate on their Profile.
The Members grant LINKHOSPI the necessary rights on the Content they post on the Website, during the whole of the legal copyright protection in France, for the whole world, in a free, irrevocable, non-exclusive and transferable manner. More specifically, this concession includes the right for LINKHOSPI to use, copy, represent, adapt, translate or sub-license the Content posted by the Members with the exclusion of private messages, and this in part or in whole, using whatever formats, whatever means, on the Website or on any advertising and publicity medium directly related to the Website (known or unknown to date), without limitation on the number of medium concerned and advertising and publicity models directly related to the Website (posters, placards, point-of-sale promotion, especially all kind of display materials, all kind of advertising items not meant for direct selling) as well as the following display materials and means: press (newspapers, periodicals), printed edition (catalogues, booklets, brochures, books, cards, leaflets, etc.), multimedia and electronic edition (internet, intranet, etc.), commercial documents (institutional booklets, etc.).
Should LINKHOSPI come to suspect that the Members’ information and/or comments can violate the image reproduction rights and/or intellectual property rights of third parties, it reserves the right to:
- Delete with immediate effect and without notice or compensation any contentious Content or information;
- Cancel the Member’s Profile and access to the Website according to provisions of article 15 below.
9.2. LINKHOSPI Intellectual property rights
The Website and the Website components are protected by intellectual property rights owned by LINKHOSPI. Besides, LINKHOSPI is a registered trademark.
Therefore, the Members abstain from any action, any dealing that may affect directly or indirectly :
- LINKHOSPI intellectual property rights. As such, the Members abstain from publishing, copying all or part, circulating, representing, adapting, dismantling, uncompiling part or all of the Website content, both in France and abroad;
- LINKHOSPI trademarks.
The Members abstain from using for commercial purposes the Website technology and knowhow, LINKHOSPI’s trademarks and/or its images to make one or several Website(s) and/or offer similar services or services that may compete with the Website and/or register identical or similar trademarks.
The agreement does not assign any of LINKHOSPI intellectual property rights to the Members. The members can only enjoy for as long as they use it the non-exclusive, revocable and non-transferable right to access the Website services and make use of its functions, to the extent that has been expressly provided for in the Terms and Conditions.
ARTICLE 10 MEMBERS OBLIGATIONS
The Members undertake to adhere to these Terms and Conditions as a whole and to abide by applicable rules and regulations.
More specifically, the Members undertake:
- Not to use in an abnormal manner the technical means that are made available to them;
- To be fair and loyal towards LINKHOSPI and other Members;
- To respect the image and reputation of other Members and/or LINKHOSPI and not to behave in violation with their rightful interests;
- To abide by obligations relating to Client’s Reports as provided for in article 11;
- To update their information if they go to work in another hotel;
- Not to affect the Website, and Members particularly undertake not to: modify or alter all or part of the Website, restrict its use by whatever means, forge any Website mention or component, extract all or part of the Website content and database, notably by using automatic programs, circulate all or part of the Website on any other medium without the prior written consent of LINKHOSPI, behave in such way that it may discontinue or interrupt the Website, hack or attempt to hack into the Website systems;
- Not to circulate or attempt to circulate computer viruses or whatever harmful component through the Website;
- Respect third party rights, and Members particularly undertake not to: use, reproduce, copy, distribute, modify, represent or circulate a text, picture or whatever component or protected works that may be subject to copyrights, trademark laws, or whatever intellectual property rights belonging to third parties;
- Not to hack into the Website computer system, alter its Content or commit whatever offence punishable according to articles 323-1 and 323-7 of the French Criminal Code (“Hacking”);
- Not to engage in spamming;
- Not to use the Website and/or its functions for illegal purposes (e.g. not to circulate unlawful contents);
- Not to usurp any third party’s identity and/or use or attempt to use the Profile of other Members;
- Not to authorize other people to use their Profile and not to transfer their Profile to a third party;
- Not to register again on the Website after permanent expulsion (ban);
- To publish accurate and reliable information;
- Not to engage in mass sending of similar private messages;
- To post comments that meet the highest standards of conduct in terms of good manners, propriety and mutual respect;
- Not to distribute or publish documents nor make remarks that may hurt third parties feelings, go against public order or morality and/or not to behave in violation with the rightful interests of third parties;
- Not to use offensive language, slander, denigrating, racist, xenophobic, pornographic remarks, or generally speaking any remark that may go against morality and public order;
- Not to encourage to perpetrate a crime, an offence, a terrorist action or an act constituting an incitement to war crimes or crimes against humanity.
ARTICLE 11 CLIENTS REPORTS
Client Reports help Members identify those Clients who require special attention.
There are 3 categories of Client Reports:
- The “GREEN GUEST” category refers to VIP Clients who may for instance be eligible for upgrading or whatever sign of goodwill;
- The “RED GUEST” category refers to Clients to be watched because of their habits or customs in the way they use hotel services as observed by other Members;
- The “BLACK GUEST” category refers to Clients who should be put under strict surveillance because of notable incidents as observed by other Members.
The Member has to abide by the following obligations:
- Not to create false Reports for any reason whatsoever;
- To provide as much information as possible about why the Report has been made; any Report that is incomplete or not accurate enough will be automatically moderated by LINKHOSPI;
- To report Clients in a fair and sincere manner; note that the Report created by a Member must be supported by unbiased and honest facts that do not solely rely on the Client’s individual entity or the feelings of the hotel staff;
- To use the Report Listing in a fair manner and not to use the Report service for private purposes;
- Not to post, indicate, circulate a Report or the Report listing to third parties in any form whatsoever;
- Not to make mass Client Reports in order to make sure that the services can still be used in a normal way;
- To update the Client’s status if he(she) starts changing his behavior.
|In accordance with the Data Protection Act (Loi Informatique et Libertés) of 6 January 1978, LINKHOSPI may be required to inform Clients who have been subject to a Report about the data it holds about them. It is thus of prime importance that Members abide by above-mentioned obligations and keep to the facts when they make a Report.|
To guarantee each and everyone’s confidentiality, LINKHOSPI will not unveil the name of the Member who made a Report, neither will it reveal the name of the hotel he(she) works at if it is contacted by another Member to obtain information about the underlying facts.
LINKHOSPI is the sole moderator and decision-maker when it comes to put Reports online and it reserves the right to refuse certain Reports.
Generally speaking the file made of Report data collected by LINKHOSPI will not be passed on to any third party, except:
- In an anonymous manner;
- Or agglomerated in the form of statistic surveys;
- Upon request from authorities legally entitled to request such information.
LINKHOSPI reserves the right to restrict the access of a Member to the Report service if he(she) does not use the Report function in a honest manner or if he(she) only reports Clients in a way that is systematically negative or positive, acting on bad faith or for reasons that do not concern the Clients as such.
ARTICLE 12 HYPERTEXT LINKS, ADVERTISING
Without LINKHOSPI’s prior consent, it is forbidden to include in a third-party site a hypertext link pointing to this Website. Should you wish to set up a hypertext link towards this Website, you must thus get in touch with the Website manager by using the « Contact us » section.
On no account can LINKHOSPI Website pages become embedded in another site’s pages. All efforts must be made to clearly inform the Member that he(she) is on LINKHOSPI Website and to let him(her) browse it freely. In any case, LINKHOSPI cannot be liable for links that may exist towards its Website.
Members must note that LINKHOSPI may circulate any type of advertising or publicity content on the Website and through its correspondence with Members.
ARTICLE 13 LIABILITY, MEMBERS GUARANTEE
The Members bear sole responsibility for the following:
- The use of the Website and its Services;
- The Content they post or circulate on the Website. Within this context, they guarantee that they have all necessary rights, licenses, consents and authorizations relating to information they circulate and/or post on the Website. Besides, they declare and guarantee that the information they put online are not confidential and that they do not constitute a violation of any contractual obligation whatsoever.
The Members cover LINKHOSPI against any damage it may sustain and any action for damage that may be taken against it on the legal basis of violation of these Terms and Conditions and/or any third party rights whatsoever. Should a blatant fraud occur, the Website takes the liberty to pass all necessary information on to competent bodies in charge of dealing with aforesaid frauds and offences.
More particularly, the Members cover LINKHOSPI against any claim, legal action or request, especially including i) any action relating to information the Members put online, ii) any use by the Members of information displayed on the Website, iii) or any breach in these Terms and Conditions.
ARTICLE 14 LINKHOSPI LIABILITY
LINKHOSPI does not perform any moderation or preliminary control whatsoever on the Content posted by Members, but it is in a position to step in in case of illegal Content or non-respect of the Terms and Conditions in order to delete certain Profiles according to provisions of article 16 below. Before they are put online, it is not aware of the information posted and/or circulated by the Members. Therefore, it cannot be held liable on this account.
LINKHOSPI still bears responsibility for the content it publishes, especially for the management of the “News” section. LINKHOSPI is also legally responsible for the personal data processing file according to the Data protection Act (Informatique et Libertés) of 6 January 1978.
LINKHOSPI cannot be held liable towards the Members for the following:
- Any indirect damage that they may suffer, including any loss of profit (be it direct or indirect), any loss of clients or commercial reputation, or any data loss they may suffer;
- Any loss or damage they may suffer, especially on account of:
- Trust given to the exhaustiveness, accuracy or reality of any advertisement, information or video displayed on the Website or resulting from any relationship or transaction struck between the Member and whoever Supplier whose advertising or works are displayed on the Website;
- Generally speaking, any change LINKHOSPI may make on the Website;
- Deletion, damages or storage defects on the Profile or any other communication data stored or transferred;
- Relationships with other Members they are interacting with;
- Generally speaking, access or use or impossibility to use or access the Website;
- Impossibility to store in complete safety and privacy the password or information submitted during the course of registration;
- Impossibility to delete, store or transfer information, comments or messages;
- Any information and/or comment displayed on the Website;
- Generally speaking, any Member behavior whatsoever, including, without limitation, any slanderous, abusive or illegal conduct from other Members;
- Any content inserted into messages sent via the Website;
- Any Client’s reaction or action, lawsuit or administrative action, resulting from the use of information made available on the Website within the framework of customer relationship and services provided by the Member.
ARTICLE 15 CANCELLATION, ACCOUNT CLOSURE
Each Member and each Hotel can request to cancel their Profile by using the form available in the « Contact us » section.
section. The cancellation of a Profile shall be final and the Member will thus have no more access to the Website.
Under no circumstances will Termination lead to refund for the period still running up to the expiration date of the account of the Member concerned.
Should a member breach any of his(her) obligations and especially those mentioned in articles 10 and 11 above. LINKHOSPI reserves the right to cancel a Member’s Profile with immediate effect and without notice or compensation.
Should a Profile be cancelled, be it on LINKHOSPI or on the Member’s initiative, under no circumstances will LINKHOSPI undertake to keep the Profile’s data beyond the Profile’s cancellation date.
However, data relating to the Hotel will be kept for an indefinite period of time. The Hotel file will be kept but it will not be visible until a new Member linked to this Hotel will register on the Website.
As for personal data relating to Members and Reports made, they can be kept for as long as it is requested by law or as per CNIL requirements.
ARTICLE 16 REPORTING ILLEGAL CONTENT
Any Member can make LINKHOSPI aware of the presence of an illegal content or information, particularly if it infringes a third party’s intellectual property rights or if it does not comply with applicable rules and regulations. This can be made by using the contact form available in the « Contact us » section.
In accordance with provisions of article 6-I-5 of French Law No. 2004-575 of 21 June 2004 on Confidence in the Digital Economy (LCEN), the aforesaid report has to mention all of the following information:
- Date of report;
- If the report comes from an individual entity: his(her) surname, first name, occupation, place of residence, nationality, date and place of birth;
- If the report comes from a corporate entity: its type, designation, head office and legal representative;
- LINKHOTEL’s designation and head office;
- Description of the contentious events and their exact location (e.g.: URL link of the contentious advert);
- Reasons why the content should be removed, including a reference to legal provisions and proof of events;
- Copy of the correspondence with the person who made or published contentious information or activities, requesting to have them discontinued, removed or modified, or proof of the fact that the person who made or published these could not be reached.
Besides, in accordance with provisions of article 6-I-7 of French Law No. 2004-575 of 21 June 2004 on Confidence in the Digital Economy (LCEN), LINKHOSPI makes available to Members a system that is easily accessible and visible to any person willing to make it aware of illegal data constituting an incitement to crimes against humanity and racial hatred, child pornography, incitement to violence and violation of human dignity. This can be done by sending an email through the contact form available in the « Contact us » section.
ARTICLE 17 PERSONAL DATA
Please refer to our document on « private data processing ».
ARTICLE 18 EXEMPTION
Should one or several provisions in these Terms and Conditions be regarded as unenforceable or reported as such according to a specific law or regulation, or following the final decision of a relevant jurisdiction, all other provisions shall remain in full force and effect.
ARTICLE 19 APPLICABLE LAW, RELEVANT JURISDICTION
The use and operation of the Website fall under the French law. The validity, execution and interpretation of the Terms and Conditions applying to this Website also fall under the French law.
IN AS MUCH AS PERMITTED BY THE LOCAL LAW UNDER WHICH THE MEMBER FALLS, THE SOLE RELEVANT JUSRISDICTION TO SETTLE ANY DISAGREEMENT OR DISPUTE ARISING FROM THE VALIDITY, INTERPRETATION AND/OR EXECUTION OF THESE TERMS AND CONDITIONS WILL BE THE FRENCH COURTS, NOTWITHSTANDING MULTIPLE DEFENDANTS, SUMMARY PROCEEDINGS OR THE INTRODUCTION OF THIRD PARTIES.