GENERAL CONDITIONS OF USE
Last update 23/01/2024
These general conditions of use contain legal information related to visiting and using the “Outil Régional de Commercialisation” (Regional Marketing Tool) described in article 1 of these general conditions of use, an intellectual property rights statement, along with all the particulars relating to the respect of the privacy of the User.
Users are invited to read these general conditions carefully before using the “Outil Régional de Commercialisation” (hereafter the “ORC”) referred to below. Continued use of the ORC in any way necessarily implies the express acceptance of these general conditions of use, including the collection of personal data under the meaning of Regulation (EU) 2016/679 of the European Parliament and Council of 27 April 2016 concerning the protection of individuals in relation to the processing of personal data and the free circulation of these data. Also repealing the directive 95/46/CE (hereafter the “General Data Protection Regulation”) and for the purposes described in these conditions of use.
Article 2 - Definitions and scope of application
These general conditions of use are intended to provide a legal framework, by the definition of the rights and obligations of the parties, of the terms of use of the “Outil Régional de Commercialisation” (hereafter the “ORC”) along with the terms under which the services of the ORC are made available by the non-profit organisation VISITWallonia (Wallonie Belgique Tourisme asbl), having its registered office at 1000 Brussels, Rue Marché aux Herbes, 25-27, and its operating address at 5000 Namur, avenue Comte de Smet de Nayer, 14, registered with the CBE under number 0888.366 085, hereafter “VISITWallonia”.
The technical solution chosen for the “ORC” is developed and operated by the company Elloha (Perpignan, France).
The ORC is the tool provided to tourism service providers in order to optimise online sales - by tourism service providers only - of their tourism products to Users.
The term “User” refers to any user, either an individual or legal entity, who uses the ORC to book one or more tourism services online.
VISITWallonia and the User are hereafter named the “Parties” (or individually a “Party”).
The ORC means the website located at the address visitwallonia.elloha.com.
These conditions of use are intended to provide a legal framework for the relationship between VISITWallonia and the User. They are exclusive of any other general conditions and replace them when they have a similar purpose.
VISITWallonia reserves the right to amend these general conditions of use at any time, without prior notice. These amendments will apply immediately to all use of the ORC, and will be available at all times.
Article 2 - Use of the ORC
2.1. The ORC is an IT tool allowing tourism service providers to sell their tourism products directly to Users.
VISITWallonia therefore does not generally enter into any contractual commitment with the User.
The ORC allows the User to directly book stays and/or activities offered by third parties online, without VISITWallonia thereby becoming a party to the contract between the User and the aforementioned third party. In other words, sales concluded by means of the ORC exist only between the Tourism Service Provider and the User.
The use of the ORC by the User is free of charge, including the aforementioned booking service.
2.2. When using the ORC the User accepts that he does so at his own risk. All information is available “as is”; VISITWallonia does not provide any guarantee as to the reality, up-to-dateness, reliability or quality of information and offers offered by tourism service providers.
VISITWallonia makes reasonable efforts to ensure the seriousness of offers made by tourism service providers. This undertaking may nonetheless not be considered a performance obligation, but only an obligation of means.
VISITWallonia may in no event be held liable for any damage incurred by a User as a result of false, missing, inaccurate or unclear information.
2.3. In respect of the access and use of the ORC by the User, he shall expressly refrain in any manner whatsoever, and whatever the technical means used, from:
a) attempting to gain access to the parts of the ORC which are not publicly placed online;
b) taking any steps which at any time might compromise the correct functioning of the ORC, in any manner whatsoever;
c) using any (automatic) system whatsoever, such as, without limitation, “robots”, “spiders”, “offline readers” etc., intended to create:
(1) denial of service attacks (notably, but without limitation, network DoS, application DoS, network DDoS, including DrDoS, or application DDoS);
(2) messages making it possible to influence questions and requests, answers and participations in competitions, votes and any other interaction with another user of the ORC;
d) displaying, uploading, sending, communicating by email or by any other means any content which is illegal, harmful, threatening, bullying, abusive, defamatory, vulgar, obscene, a threat to privacy, hateful, racist, or otherwise objectionable;
e) consulting, displaying, uploading, sending, communicating any content which contravenes international, European and national law currently in force;
f) attempting to mislead other users by impersonating the name or company name of other persons;
g) uploading, displaying, sending, communicating by email or by any other means any violent content, any patent, trademark, trade secret, intellectual property right or any other property right belonging to another;
h) uploading, displaying, communicating by email or by any other means any content including, but not limited to, computer viruses or any other code, file of program intend to interrupt, destroy, impede, disrupt or limit the functionality of any program, computer, service, server, network or communication tool;
i) committing any act that has a disruptive effect impeding the ability of other users to access the ORC;
j) refusing to comply with the necessary conditions, procedures, general regulations or regulatory provisions applicable to networks connected to the ORC.
2.4. Merely by communicating information, the User agrees to the downloading of information and the collection of data the individual following the use of the ORC. This use is made at the User’s own risk and under his own responsibility.
In other words, as part of the use of the ORC, the User is invited to communicate a certain amount of personal information. The User undertakes to provide accurate, up-to-date and complete information. The User acknowledges that he consents, through the entry of all the information requested and of a personal nature under the meaning of European regulation n° 2016/679, to the processing and use of this data with the aim of communicating this information to professionals having issued offers through the ORC or in which the User has shown an interest, including promotional offers, sending direct marketing emails etc., in accordance with the provisions of the Privacy protection statement offered by VISITWallonia.
Article 3 - Intellectual and industrial property
The ORC remains the exclusive property of the company Elloha, including the concept, content, lay out, structure, source codes, programming, any visual element offered by it, information and pieces of information offered by the company Elloha. All of these elements are protected by various intellectual and/or industrial property rights (among which copyright, trademark rights, sui generis rights over the database etc.) which the User acknowledges and accepts.
The User is not entitled to and does not acquire, under these conditions and by use of the ORC, any of the rights described above or any similar rights
Article 4 - Liability of the user
4.1. Access to and use of the ORC, along with the uploading or downloading of files of any nature whatsoever and by any technical means whatsoever occurs under the sole responsibility of the User, including in relation to third parties.
The User alone is liable for any damage caused to his computer or the potential loss of data following use of the ORC.
The User undertakes to use the ORC in a reasonable and lawful manner and in accordance with these general conditions of use. He shall also refrain from using the ORC in a manner which might be detrimental to VISITWallonia or a third party.
4.2. The User explicitly acknowledges that in the event that he intends to conclude a contract with a professional, he is required to make himself aware of the general conditions applicable to said contract and offered by the professional directly and undertakes strictly to observe this obligation.
In accordance with article 2 of these general conditions, the User acknowledges that VISITWallonia is not the issuer of offers offered for sale through the ORC, such that VISITWallonia does not contract any obligation towards him. Thus, the tourism service provider, issuer of the tourism offer in which the User is showing an interest, may make the sale of his tourism services conditional upon the prior acceptance of his own general conditions. In this event, the obligations arising out of these general conditions apply in addition to those of the tourism service provider.
In accordance with the foregoing, the User may in no event hold liable VISITWallonia, which remains a third party to the contract concluded between the User and the tourism service provider.
Article 5 - Obligations and responsibility of VISITWallonia
5.1. VISITWallonia endeavours as far as possible to make the ORC available and accessible without interruption, but nonetheless cannot guarantee that the ORC may not encounter any technical difficulty which might result in its temporary unavailability. VISITWallonia is in this respect bound by an obligation of means.
It also endeavours to limit inconvenience caused by possible technical errors. VISITWallonia may nonetheless not be held liable for possible consequences arising out of misconducted or unauthorised technical interventions which may infect the ORC, in particular viruses.
5.2. VISITWallonia may in no event be held liable for the reality of offers issued through the ORC. It is furthermore not liable for the proper performance of the obligations of the tourism service provider in the event that the User chooses to contract with him.
VISITWallonia may not be considered a counterparty to any contract concluded directly or indirectly through the ORC.
VISITWallonia incurs contractual liability only to the extent of the obligations contained within these Conditions of Use, and no broader form of contractual liability may be inferred from them.texte
Article 6 - Miscellaneous provisions
6.1. Illegality
The potential illegality or invalidity of an article, a paragraph or a provision (or part of an article, a paragraph or a provision) in no way affects the legality of the other articles, paragraphs or provisions or these general conditions of use, nor the rest of this article, paragraph or provision, unless the intention of the text is clearly to the contrary.
6.2. Titles
The titles used in the general conditions of use are for purposes of reference and convenience only. They in no way affect the meaning or scope of the provisions to which they refer.
6.3. Applicable law and competent jurisdiction
Any dispute in connection with the services provided by VISITWallonia in relation to the ORC, along with any dispute in relation to the validity, interpretation or performance of these general conditions, shall be governed by Belgian law and shall be under the exclusive jurisdiction of the courts of the francophone judicial district of Brussels.
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.
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PURPOSE
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LEGAL BASIS
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1. Promotional communications by email (newsletter)
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On the basis of your consent
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Visiting the ORC website to comply with a legal obligation
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To carry out its public interest missions
On the basis of your consent
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SHARING OF PERSONAL DATA
In order to carry out the purposes described above, VISITWallonia may share your Personal Data with the following third parties:
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.
VISITWallonia employees in Belgium and abroad in the performance of their duties.
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:
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PURPOSE
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RETENTION PERIOD
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1. Promotional email communications (newsletter)<
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Withdrawal of consent
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2. Visit to the ORC website
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Withdrawal of consent or for the time necessary to achieve the intended purpose
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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 :
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Name |
Supplier |
Purpose |
Expiry |
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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.
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Session |
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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 |
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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.
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.
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