Terms of use

These Terms of Use (“Terms”) set out the rules for accessing the website available at www.bphg.ch (the “Site”), published by BOUTIQ PRIVATE HOSPITALITY GROUP, a company limited by shares with share capital of CHF 100,000, registered with the Geneva commercial register under number CHE-431.702.011, whose registered office is at Général Dufour 22, 1204 Geneva, Switzerland (hereinafter “Boutiq Private Hospitality Group”, “We”, “Us”, “Our”). These terms also govern the use of the services and features arising from the Site by any person (“User”, “You”, “Your”).

The Site is hosted by Infomaniak, located at Eugene Marziano 25, 1227 Geneva.

The services offered on the Site are provided “as is” and are subject to these Terms of Use.

Acceptance and application of the Terms

These Terms apply to any use of the services by the User, including if You browse the services, regardless of Your capacity (private individual or professional), the place where You are located, the means of connecting to the services, and the purpose of Your access to the services.

You undertake to read the Terms before using the services. By using all or part of the services, You are deemed to have read and accepted these Terms. You undertake to comply with these Terms each time You use the services.

Access to the services

The User is informed of the inherent risks of the Internet, including:

  • lack of security in the transmission of data;
  • no guarantee as to continuity of access to the services.

Under no circumstances shall We be held liable for these risks and their harmful consequences, whatever their extent, for the User.

It is for each User to take appropriate measures to protect their own data, software and hardware against contamination by viruses or other forms of attack that may circulate via the services or published information.

The User is and remains responsible for the manner and consequences of their access to the services. Such access may involve connection costs charged by technical providers such as internet service providers or telecommunications operators. Those costs are borne by the User. The User is and remains fully responsible for providing and using the equipment needed to access the services.

The User may not rely on any difficulty accessing the services in order to circumvent these Terms.

User rights and obligations

The User acknowledges that they have the skills and the hardware and software means necessary to access and use the services.

The User undertakes to comply with these Terms and with all applicable laws and regulations when using the services.

It is recalled that fraudulently accessing or remaining in a computer system, hindering or distorting the operation of such a system, or fraudulently introducing or altering data in a computer system constitutes offences punishable by criminal sanctions.

In particular, the User undertakes to:

  • Not compromise, damage, disable, overload, disrupt or harm the security or proper operation of the services or of the information and operating systems of Boutiq Private Hospitality Group or its providers;
  • Not hinder the normal operation of the services or use them fraudulently in any way;
  • Not use or allow the services to be used in an abusive or unlawful manner, for illicit, fraudulent or malicious purposes; including, without limitation, by hacking the services or introducing malicious code, including viruses or harmful data, into the services, by using any system, device or programme to extract data or information from the services or from Boutiq Private Hospitality Group servers, by sending or storing documents containing viruses, worms, Trojan horses or other harmful codes, files, scripts, agents or computer programmes, by interfering with or impairing the integrity or performance of the services and the data they contain, or by attempting to obtain unauthorised access to the services or their associated systems or networks.

User liability

The User is liable for any damage of any kind, material or immaterial, direct or indirect, caused to any third party, including Boutiq Private Hospitality Group, as a result of the unlawful use or operation of the services by the User and/or any element thereof, whatever the cause and place of occurrence of such damage, and indemnifies Boutiq Private Hospitality Group against the consequences of any claims or actions that may arise as a result.

Boutiq Private Hospitality Group cannot be held liable for any damage or loss of any kind arising directly or indirectly from a breach of these Terms by the User.

If the User breaches any provision of the Terms, Boutiq Private Hospitality Group reserves the right to suspend, temporarily or permanently and without prior notice, access to and use of the services. Failure to comply with applicable regulations and these Terms may give rise to the User’s civil and/or criminal liability.

Liability of Boutiq Private Hospitality Group

The purpose of the Site is to:

  • Present the destinations and properties offered for seasonal rental by Boutiq Private Hospitality Group.
  • Allow interested users to request to be contacted in order to obtain more information about a property and/or to book it.
  • Allow owners wishing to offer a property for rental on the Site to complete a form in order to be contacted.

Boutiq Private Hospitality Group has taken all necessary precautions regarding the operation and maintenance of the services.

However, Boutiq Private Hospitality Group in no way guarantees that access to the services will be uninterrupted, easy, reliable, correct, complete, satisfactory or prompt.

Boutiq Private Hospitality Group endeavours to publish accurate, precise and up-to-date information on the services. Boutiq Private Hospitality Group reserves the right to modify or update the content and features of the services at any time and without notice.

Boutiq Private Hospitality Group cannot guarantee the complete reliability, accuracy, exhaustiveness, truthfulness or currency of the content of the services.

The User is invited to report any information they consider inaccurate and, where appropriate, to suggest any improvement they consider useful.

Boutiq Private Hospitality Group endeavours, so far as possible, to provide the User with constant accessibility to the services and a reasonable level of operation and availability.

However, Boutiq Private Hospitality Group does not guarantee the permanence, availability or stability of the services. Access to the services may be interrupted for any cause within or beyond the control of Boutiq Private Hospitality Group, including internet network hazards, force majeure, maintenance, updates or technical improvements, or in order to change the content and/or presentation.

Access to the services is provided as is. Boutiq Private Hospitality Group cannot be held liable for damage that does not originate in a breach of these Terms by Boutiq Private Hospitality Group or in proven fault on the part of Boutiq Private Hospitality Group.

In any event, Boutiq Private Hospitality Group cannot be held liable for indirect damage resulting from:

  • Use of the services, including any loss of business, financial or commercial loss, loss of programmes and/or data in particular in the User’s information system, or threats such as viruses, bugs, malicious code, Trojan horses, logic bombs, worms and other anomalies occurring on the Internet;
  • The content of the services and/or the use of websites linked to the services or to which Users may have access via the services;
  • The inability to access the services, the non-operation or poor conditions of use of all or part of the services, for any reason whatsoever;
  • Omissions and/or errors that the services may contain, and any other element of the services.

The Terms set out the entirety of the obligations and liabilities of Boutiq Private Hospitality Group, which cannot be bound by any other express or implied warranty towards the User.

Hyperlinks

Hyperlinks to the services

The User may not place hyperlinks pointing to the services without the express prior authorisation of Boutiq Private Hospitality Group, and only provided that they point to the homepage of the services without duplicating the homepage or any other page or element of the services.

You undertake not to:

  • Insert a link to the services from a service of which You are not the publisher;
  • Delete, modify or alter in any way the size or appearance of the logos or other distinctive signs of Boutiq Private Hospitality Group;
  • Mislead any other User and/or any third party or create confusion as to Your relationship with Boutiq Private Hospitality Group;
  • Present false, misleading, disparaging or untrue information about Boutiq Private Hospitality Group;
  • Use the trademarks, logos or other distinctive signs of Boutiq Private Hospitality Group without the prior express written consent of Boutiq Private Hospitality Group.

Boutiq Private Hospitality Group expressly reserves the right to revoke any authorisation granted under this article and to take any appropriate measure in the event of a breach of this article.

You may be held liable for any damage related to or resulting from such a breach.

Hyperlinks available on the services

Boutiq Private Hospitality Group may include on the services links to websites belonging to third parties or to third-party services not published by Boutiq Private Hospitality Group. You must consult the legal notices and terms of use of those sites.

Boutiq Private Hospitality Group exercises no control over these external sites and services, does not participate in any way in the preparation of the content and/or any element appearing in all or part of those third-party sites or services, and does not assess or verify the relevance, accuracy, completeness or currency of that information.

Accordingly, Boutiq Private Hospitality Group cannot be held responsible for their content.

You acknowledge that Boutiq Private Hospitality Group does not endorse, warrant or assume responsibility for all or part of the content and/or any element appearing in all or part of those third-party sites or services.

If You activate these hyperlinks to third-party sites or services, You leave the services and agree to use those third-party services at Your own risk or, where applicable, in accordance with the terms governing them.

It is for the User to take the necessary precautions to ensure that visited sites are free of computer viruses. Boutiq Private Hospitality Group cannot be held liable, in particular, as a result of the presence of computer viruses on third-party sites or services.

Intellectual property

Boutiq Private Hospitality Group content

All elements constituting the services, including without limitation their general structure, all data, information, texts, files, still or moving images, presentations, databases, graphics, icons, photographs, plans, logos, videos, sounds, trademarks, distinctive signs, designs, models and software (“Boutiq Private Hospitality Group Content”), are the exclusive intellectual property of Boutiq Private Hospitality Group or its partners, and are protected in particular by the Swiss Intellectual Property Code and by international laws and treaties relating to copyright and intellectual property.

Users are authorised only to consult online the information offered to them and to use only the features provided.

All reproduction rights are reserved, including for downloadable documents. All Boutiq Private Hospitality Group Content appearing on the services may not be represented or reproduced, in whole or in part, on any medium whatsoever, without the express prior authorisation of Boutiq Private Hospitality Group or the rights holders.

The User therefore undertakes not to distribute, disseminate, represent, modify, copy, store, rent, reproduce or otherwise exploit, in whole or in part, Boutiq Private Hospitality Group Content, without the express prior written authorisation of Boutiq Private Hospitality Group or the rights holders, whether free of charge or for consideration or for the benefit of a third party, by the User or by a third party, whatever the media and means used, whether known or unknown to date, except for strictly personal purposes related to the use of the services, excluding any professional or commercial use, subject to respect for the rights of Boutiq Private Hospitality Group.

Failure to comply with this prohibition constitutes an act of infringement that may give rise to the civil and/or criminal liability of its author. Boutiq Private Hospitality Group reserves the right to take legal action against any person who has not complied with this prohibition.

User content

Comments and/or reviews published by Users on the services may be accompanied by works sent by Users who have stayed through Boutiq Private Hospitality Group, relating exclusively to their trip and which may concern the premises, staff and any service offered (“Works”). The Works are intended to be reproduced, posted online and disseminated to the public, in particular in the form of photographs, illustrations, films and videos, after prior agreement from Boutiq Private Hospitality Group’s providers.

Boutiq Private Hospitality Group is granted, in respect of any Work provided by the User, whatever its nature and medium, a royalty-free right of use, reproduction and representation on all types of media and for all types of exploitation related to the purpose of the services, such as illustrating articles or promotion, for the duration of the intellectual property rights.

The User indemnifies Boutiq Private Hospitality Group against any action, claim, demand or opposition from any person whose rights the Work provided would have infringed and which would violate an intellectual property right or constitute an act of unfair and/or parasitic competition. The User also warrants that the Work does not constitute a violation of the laws or other applicable provisions relating to defamation, insult, privacy, image rights or public decency.

Changes to the Terms

Boutiq Private Hospitality Group may at any time modify the content of the services or the terms of these Terms and/or temporarily or permanently cease to operate all or part of the services, without notice.

The User is therefore advised to consult the latest version of the Terms on each new visit to the services in order to take note of these new conditions.

In any event, browsing the services or any other use of the services implies the User’s unreserved acceptance of the latest version of the Terms.

Boutiq Private Hospitality Group will inform the User, by any means and in particular by email or by display on the services, of any material change to the Terms that may affect the terms of provision of services subscribed by the User and that have not yet been fully provided, or of any material change to the Data Protection and Cookies Policy.

Governing law and jurisdiction

The law applicable to the Terms and to the services is Swiss law, notwithstanding a plurality of defendants and subject to international public-policy rules relating to consumer protection. Any dispute arising from the Terms that cannot be resolved amicably under the foregoing conditions shall be submitted to the competent court.