1. Legal Notice
The website www.rixos.com (the “Site”) is published by Rixos Hospitality B.V., a Dutch Besloten Vennootschap company with share capital of EUR 100, having its registered office at Nieuwezijds Voorburgwal 104, 1012SG Amsterdam, Netherlands, registered with the Netherlands Chamber of Commerce under KvK number 67688543 (RSIN 857131199), intra-Community VAT number: NL.8571.31.199.B01, (hereinafter “Rixos”).
Rixos can be contacted by postal mail at the following address: Rixos Hospitality B.V., Nieuwezijds Voorburgwal 104, 1012SG Amsterdam, Netherlands.
The Site’s publication director is: Mustafa Topul.
The Site is hosted by Smile, 20, rue des Jardins, 92600 Asnières, France, Tél. : +33 (0)1 41 40 11 00.
2.1 Scope and purpose
Access to and use of this Site is governed by these ToU, which define the terms and conditions of use of the Site and the relations between Rixos and any person who accesses or browses the Site (the “User”). These ToU are available and can be viewed at any time on the Site. The User can also print or download these ToU.
The Site allows the User to view information and content concerning Rixos hotels, activities and news, for the User’s personal and private, non-commercial use. The User can also make a reservation on the Site at the following Rixos hotels: Rixos Almaty Hotel, Rixos Khadisha Shimkent and Rixos Bab Al Bahr, in accordance with the Terms of Sale.
Rixos will make reasonable efforts to ensure that the information and content on the Site is accurate and up to date, but reserves the right to correct and/or modify all or part of the Site and/or the ToU at any time and without notice. Any such changes to the ToU shall take effect on the date posted on the Site and the User’s use of this Site after such changes have been posted will mean that the User accepts and agrees to all such changes. Rixos will inform the User of any material changes to these ToU by any means of its choice, including by the display of a banner on the Site.
The applicable ToU are those in effect on the date of browsing the Site. Accordingly, if the User views or browses the Site, the User will be deemed to have read and accepted the ToU in effect and to have agreed to abide by them. If the User do not accept these ToU or any part of them, he/she shall not use or browse the Site.
2.2 Intellectual Property
The Rixos brand, and all trademarks, whether figurative or not, and in general, any other distinctive signs featured on the Site, whether registered or not (the “Trademarks”) are and shall remain the exclusive property of Rixos or are under license to Rixos. No right or license is granted to the User in respect of the Trademarks.
The Site and all graphics, texts, visuals, and photographs featured therein, including any illustrations, images, designs, pictures, characters, written materials, décors, presentation methods, data access methods, databases or other organization of data, graphic or other components of the Site (hereinafter the “Content”) are and shall remain the exclusive property of Rixos or are under license to Rixos and are protected by intellectual property rights. No right or license is granted to the User in respect of the Content.
Under no circumstances whatsoever may the Trademarks, the Site and/or the Content be modified, reproduced, performed, transmitted, distributed, displayed, sold, or incorporated into a derivative or other work, in whole or in part, in any medium whatsoever. More generally, the Trademarks, the Site and its Content are provided for the User’s personal and private, non-commercial use. Any use of all or part of the Trademarks, the Site and/or the Content, in particular by downloading, reproduction, transmission, performance or display for any purposes other than those contemplated in these ToU is strictly prohibited.
Subject to compliance with these ToU, Rixos grants Users a personal, non-exclusive and non-transferrable right to access and use the Site, the Content and/or the Trademarks solely and exclusively for Users’ personal and private, non-commercial use. Accordingly, it is strictly prohibited to:
- copy, reproduce, perform/display, disseminate, distribute and/or publish, on a permanent or temporary basis, the Site and/or the Content and/or the Trademarks, in whole or in part, by any means or process (including caching, framing, etc.) and on any medium currently known or unknown;
- create derivative works based on the Site and/or the Content and/or the Trademarks;
- modify, translate, adapt or arrange, in whole or in part, the Site and/or the Content and/or the Trademarks;
- disassemble, decompile or reverse engineer the Site and/or the Content;
- distribute, transmit, retransmit, broadcast, sell, rent, license or operate, in any way whatsoever, the Site and/or the Content and/or the Trademarks, in whole or in part.
2.3 Links to the Site – Links to third-party sites
Creating a hypertext link to the Site or to components of the Site without the express prior written permission of Rixos is also prohibited. Permission should be requested by writing to the following address: Rixos Hospitality B.V., Nieuwezijds Voorburgwal 104, 1012SG Amsterdam, Netherlands. This permission can be revoked at any time in Rixos’ sole discretion.
Rixos reserves the right to request the deletion of any link to the Site that was not, or is no longer, authorized and to claim damages on the basis of the harm thereby sustained.
Sites containing a hypertext link to the Site or to any one of its components may not all be under the control of Rixos, which accordingly disclaims any and all liability (specifically editorial) in connection with access to and the content of such sites.
The Site may contain links to other websites or external sources (“Third-Party Sites”). To the extent that Rixos has no control over such Third-Party Sites or their content, Rixos can provide no assurances concerning their availability or content, and disclaims any and all liability in connection with the content, ads, products, services or other materials available on or from such Third-Party Sites. By providing links to such Third-Party Sites, Rixos does not approve, endorse, or make any representation concerning the content of such Third-Party Sites, nor does any such link indicate any association between Rixos and the owners and/or authors, designers, managers, administrators or hosts of such Third-Party Sites. These links are provided for information purposes only and you acknowledge that you are solely responsible for any decision by you to activate the links to such Third-Party Sites. Rixos also disclaims any and all liability for any actual or alleged damages or losses arising out of or in connection with your use, or reliance on the content, goods or services available on such Third-Party Sites.
The Site and its Content are provided “as is” subject to availability. The User is solely responsible and liable for its use of the Site and the Content, and in particular for complying with its obligations under these ToU.
Rixos does not warrant uninterrupted availability of the Site or its Content, or that the Site or its Content will be error-free. The Site is normally available 24 hours a day, 7 days a week, subject to events of force majeure, the availability of the internet and/or suspensions of the Site due to technical reasons in connection with updates to the Site, Site maintenance or any other technical cause. Rixos is under a duty of reasonable care in providing access to the Site under the conditions set forth in these ToU, and in attempting to remedy any malfunction, suspension or interruption of the Site that is brought to its knowledge. The User acknowledges and accepts that Rixos may be required to temporarily or permanently suspend access to the Site without notice, in particular for technical and/or maintenance reasons, irrespective of their cause or origin, without this entailing any liability whatsoever for Rixos.
It is further specified that the internet and the information and telecommunication systems used to access and use the Site are not error-free or bug-free and that interruptions and failures may occur from time to time. Rixos disclaims any and all liability for any inconvenience, loss or damage in connection with the use of the internet, in particular but without restriction, poor transmission and/or receipt of any data and/or information over the internet, the failure of any receiving equipment or lines of communication, any malfunction of the internet preventing the proper operation of the Site and, more generally, any loss or damage arising out of the use of the Site, the internet and information and telecommunication systems. Neither Rixos nor its directors or employees shall be liable for any loss or damage, howsoever caused, arising out of a use of the Site, for which the User is solely responsible. It is up to Users to take all appropriate measures to ensure the security of their equipment, data, software or other property, in particular against infection by any virus and/or attempted intrusion of which they might be the victims.
2.5 Personal data and cookies
If one or more provisions of these ToU is found invalid or unenforceable under any applicable law or regulation or by decision of a court of competent jurisdiction, it shall be severed, but without this affecting the validity or the enforceability of the remaining provisions.
No failure by Rixos at any time to enforce its rights in connection with any provision of these ToU shall operate or be construed as a waiver of such provision or of the right to subsequently enforce that provision and/or of its remedies for such breach.
2.7 Governing law – Complaints and Disputes
Any request for information, clarification, assistance, or complaint in connection with the Site should be sent to Rixos by postal mail to the addresses indicated at the top of this document.
These ToU are governed by, and shall be construed in accordance with, the laws of France.
In case of any complaint or dispute arising out of or in connection with the application, interpretation or performance of these ToU, the parties shall endeavor to find an amicable solution. Failing amicable resolution of the controversy within a period of two (2) months from receipt by Rixos of a written notice of dispute sent to it as indicated above, either party may bring it before the French courts of competent jurisdiction, it being specified that that the User may pursue any alternative dispute resolution method and in particular mediation via the European online dispute resolution platform at: http://ec.europa.eu/odr, which will attempt to amicably resolve it.