Legal disclaimer and Terms of Use of the

KNSA Hôtels France SAS Website

Important update

This document constitutes the terms of use (the “ToU”) of our Website, accessible at the address www.knsa-hospitality.com (the “Website”). 


The Website is the property of KNSA Hôtels France SAS. It is made available to you for information purposes. 


By visiting our Website, you accept these ToU, and you acknowledge to be aware of our Privacy Protection Policy available HERE as well as our Cookies Statement available HERE


Date of latest update: 11.02.2022

Table of contents

1. Legal disclaimer – About the Website

1.1 Website Publisher

KNSA Hôtels France 

Corporate form: SAS 

Share capital: 4 660 080 euros

Head Office: 24 rue des Capucines – 75002 Paris – France 

Registration: 897 693 495 

1.2 Website Publication Director

Steffen FOX, in his role as CEO.

1.3 Hosting of the Website

Company: xport communication GmbH

Corporate Form: GmbH

Head Office: Stechgrundstr. 2a, 01324 Dresden, Germany

Share Capital: 25.000€

Register No: HRB 20087, Amtsgericht Dresden 

2. How can you contact us?

You can contact us:


By email: 

contact@knsa-hospitality.com 


By letter: 

24 rue des Capucines – 75002 Paris – France 


On our Website:

www.knsa-hospitality.com 

3. Terms of use of the Website

3.1 Copyright and trademark right

The Website constitutes an author’s work in the sense of the applicable provisions of the French Intellectual Property Code. The presentation and each of the elements of the Website, including the domain name, the trademarks, logos, signs, drawings, illustrations, photographs, texts, graphics and other files appearing on the Website, are protected by French and international legislation in force regarding intellectual property and copyright legislation, and belong to KNSA Hôtels France or are subject to an authorisation of use.


In this regard, we benefit in our role as author of a protection granted by intellectual property legislation. 


The downloaded elements such as software, files, illustrations, data or any other content are the property of KNSA Hôtels France. The photographs, texts, slogans, drawings, images, sounded or silent animated sequences, as well as all other works integrated in the Website are the property of KNSA Hôtels France or of third parties having authorised KNSA Hôtels France to use them. All commercial trademarks and commercial names used on the Website are trademarks or correspond to a distinctive trademark belonging to our company or to our partners, which have given us the right to utilise these trademarks and commercial names, as well as the licence necessary for this purpose. 


No element composing the Website can be copied, reproduced, modified, republished, loaded, distorted, transmitted or distributed in any way at all, under any medium at all, partially or fully, without the written and prior authorisation from KNSA Hôtels France except for a strict use for personal, private and non-commercial use without modification of the elements present on the Website. Any reproduction, representation, diffusion, use or modification, by any method at all and on any medium at all, and more generally, any use carried out for commercial purposes or for any other purpose of all or some of the Website or any one of the logos and/or trademarks is strictly forbidden and constitutes a counterfeiting offence, likely to engage the liability of its perpetrator. This prohibition goes for the process of reproduction, representation and/or modification, and whatever the duration of this. 


Any creation of links to the Website, any framing of the Website, and more generally any use of an element composing the Website, is subject to the prior and express authorisation from KNSA Hôtels France which can be revoked at any time at its sole discretion. We reserve the right to (i) request the removal of any link to the Website which would not have been, or would no longer be, authorised, and to (ii) request damages to repair damage suffered due to this.


The following mention must in particular appear on any authorised copy of all or some of the content of the Website: “©Copyright KNSA Hôtels France”. Photographs appearing on the Website are not contractual.”

 

Any other use not expressly authorised of the Website or of its elements would constitute a violation of KNSA Hôtels France’s copyright sanctioned by articles L 355-2 et seq. of the French Intellectual Property Code.

3.2 Rights of KNSA Hôtels France in its role as database producer

Any client, prospect or partner has a personal right, which is non-exclusive, unbreakable and non-delegable to view information contained on the Website for their own needs for the purpose of hotel booking.

 

It is authorised to extract and/or reuse part of the content of the Website for personal viewing purposes, subject to this extraction and/or reuse not being based on a part, assessed in terms of quality or quantity, substantial of the content of the Website. Furthermore, the repeated extraction and/or reuse of content, even non-substantial, is also forbidden.

 

Any total or partial reproduction of the Website for other purposes is expressly prohibited by articles L.342-1 and L.342.2 of the Intellectual Property Code. Communication to the public or all or some of the content of the Website is also forbidden, in any form and intended for any public at all.

In particular, the use for commercial purposes of the content of this Website is expressly forbidden.

3.3 Conditions of use of the Website

The Website is made available to users for their personal and non-commercial use. 


Any displaying, downloading or printing of parts of documents contained on the Website must be intended for your strictly personal and non-commercial use. 

3.4 Availability of the Website

We implement all means to ensure the operation of the Website 24/7. 


However, we cannot guarantee or assert that the functions contained on the Website will operate without interruption or without error. Consequently, we decline any liability, in particular in case of occurrence of bugs, errors, interruptions, maintenance operations on the Website leading to a temporary interruption.

3.5 Security notice

KNSA Hôtels France does not guarantee the fact that the servers which host the Website have no virus or other damaging elements, or that a technical problem can occur which could damage the components of the user’s computer or mobile device (phone or tablet), or data which could be stored in them due to their use of the Website. In any case, neither KNSA Hôtels France, not its subcontractors can be liable for any damage which could occur during the connection of a user on the Website.


Moreover, it is expressly reminded that the internet is not a secure network and that internet access can have difficulties with security. We cannot guarantee an absolute protection against intrusions or eavesdropping. Under these conditions, it is your responsibility to take all appropriate measures so as to protect your own data from contamination by potential viruses or the third-party intrusion in your terminal’s system, and to proceed with data back-up beforehand and subsequent to the use of the Website. 


You acknowledge also to be fully informed of the unreliability of the internet network, quite specifically in terms of absence of security relating to the transmission of data and non-guarantee of performances relating to the volume and the speed of transmitting data. We do not guarantee that the Website has no errors, viruses or other damaging elements. It is therefore advised of you to not transmit over the internet, messages as well as files and data of any nature of which you would want to see confidentiality guaranteed in an infallible manner.

3.6 External links on the Website

The different sections of the Website can contain links to other Websites or internet sources. We exercise no control over these Websites or over these sources. 


We assume no responsibility as regards the availability of these Websites or of these sources, their content, advertisements, products or services, nor over any other information or data available on or from these Websites or external sources. 


In addition, we cannot be held liable for any proven or alleged damage or losses following, or in relation to the use or the action of having trusted the content, the property or services available on these Websites or external sources.


In the event where you provide information to a Website to which we return, our liability cannot be engaged concerning the protection and the respecting of privacy by it. We ask you to, at all times, exercise caution before communicating information to Websites, and to be aware of all of their privacy protection policy and personal data.

3.7 Behaviour of users on the Website


Each user of the Website must use the internet responsibly, with respect and courtesy for the rights of other internet users. 


Any use of the Website by a user for commercial, personal purposes (other than the scope of personal activities), or for recreational purposes (multimedia “network” game, or others) is forbidden. You cannot, in any case, give access commercially or otherwise, renumerated or not, to the Website.


Each user has a legal responsibility for the use they make of the Website. 


By acknowledging the overall nature of the internet network, each use is committed to respecting all local and international rules and procedures relating to online behaviour and to an acceptable content and in particular, the laws in force relating to the transmission of technical data. They are committed to respect the rules of IT ethics and in particular, any user by accessing the Website, is forbidden from:


  • using the Website in a fraudulent, abusive, or excessive manner;
  • viewing racist, paedophilic Websites, or Websites inciting hatred and violence;
  • committing offences and/or acts of piracy damaging the rights of everyone and people’s security;
  • intentionally carrying out operations which could have consequences of hiding their true identity, appropriating the password of another user, altering, modifying data or accessing information belonging to other users of the network, interrupting or disrupting the normal operation of the network or of one of the systems connected to the network, modifying or destroying information on one of the systems;
  • downloading to the Website or its terminal, displaying, sending by email or transmitting illegal, damaging, threatening, offensive, hassling, tortious, libellous, vulgar, obscene content by any means, contrary to good morals, damaging the privacy of a person, including their image rights, heinous or derogatory or shocking from a racial, ethnic or other standpoint;
  • downloading to the Website or its terminal, displaying, sending by email or transmitting by any other means, advertising or promotional elements, not requested or not authorised, of “advertising prints”, “misleading information”, “chain letters”, “indiscriminate” direct mail (spams, junk emails, etc.), or any other form of request;
  • downloading to the Website or its terminal, displaying, sending by email or transmitting by any other means, any illegal element or containing software viruses or other computerised codes, files or programs designed to interrupt, destroy or limit the functionality of any software or computer equipment or of any telecommunication equipment;
  • disrupting or interrupting the Website, or the servers or networks connected to the Website, or violating the requirements, procedures, rules or regulations of the networks connected to the Website;
  • attempting to damage the service of any user, host or network, which comprises, in absolutely non-exhaustive terms, the action of exposing the Website to a virus, creating a saturation, flooding the server, saturating the email inbox or also falsifying any subject line of the information packet of the TCP/IP protocol or any part of the information of the subject line appearing in any email; 
  • accessing data which are not intended for the user or entering into a server or an account to which the user is not authorised to have access;
  • attempting to probe, scan or test the vulnerability of a system or of a network, or also violating the security or authentication measures without having received authorisation for this;
  • stealing the identity of another person;
  • leading an activity or inciting a third party to lead an illegal activity or any other activity which would damage the rights of KNSA Hôtels France, its suppliers, partners, distributors, its advertisers, or the rights of any other user;
  • transmitting or transferring (by any means at all) information of software obtained from the Website, in particular to other countries or to foreign nationals in violation of a national or international law or regulation.


At any time and for any reason at all, we can implement any means allowing to suspend or end, and this without prior notice, the use of the Website by a user or any of our services due to violating conduct, these ToU, without prejudice of any damage that we reserve the right to complain to the user in question, in case of not respecting the ToU. 


We advise you that the internet is a network transporting data likely to be protected by intellectual property, literary, artistic, photographic rights, or violating the legal provisions in force. We therefore forbid you from transmitting over the internet, any prohibited, illicit, illegal data, contrary to good morals or to public order and damaging, or likely to damage third-party rights, and in particular intellectual property, literary, artistic or photographic rights. You are solely responsible for any direct or indirect, material or immaterial damage, caused to any companies of our group and/or to third parties due to your use of the Website. 


Our liability cannot be engaged in case of malfunction or interruption of the activity on your terminal resulting from the use of the Website. We are not liable for any cost or damaged caused by the use of the Website.


3.8 Website Surveillance

We reserve the right, at our discretion, to remove any message and prevent any operation of any user likely to disrupt the correct operation of the network or not respecting the legal, ethic, deontological operation rules. 


On the request of the public and/or legal authorities, we can also exert a control, within the limits authorised by law.

3.9 Modification or suspension of the Website

We reserve the right, at our discretion, to modify or interrupt the Website, temporarily or permanently, without time constraints, and without obligation to notify. 

4. Respecting privacy and personal data

The information communicated by the user during their use of the Website can constitute personal data. The collection and processing of these personal data are governed by our privacy protection policy available HERE, which forms an integral part of these ToU.


By using the Website, the user consents that we can collect personal data concerning them, in order in particular to provide them with access to the Website, to improve and optimise their role, sharing information with them, relating to our services and our current events, and to carry out statistical and analysis studies.


The user is asked to view our privacy protection policy available HERE which describes the way in which KNSA Hôtels France, acting as Data controller, is collecting, using, protecting and sharing personal data of its contacts, and also the rights that users have, relative to their personal data. 


The user is informed and acknowledges expressly that there are security, confidentiality risks, and risks regarding privacy inherent to the use of the Website. They assume a total responsibility in this regard and accepts that we give no assurance or guarantee relating to such risks.

5. Cookies

The use of the Website can generate “trace files”, i.e. small text files likely to be recorded in a dedicated space on the hard drive of your terminal (computer, smartphone, tablet, etc.), and which can be used by websites for a better user experience, except for any data based on the content of correspondences exchanged or information viewed. 


The use of the Website is not done totally anonymously. In application of decree no. 2006-358 of 24 March 2006 relating to the conservation of data of electronic communications, traffic data must be kept for one (1) year from the date of it being recorded. Moreover, in the scope of a legal procedure, these files must be made available legally, “for research, observation needs, and the needs of pursuing criminal offences”. An extract of these files will thus be coupled with the extract of the database of the users in question. The other data collected such as subscription information are regularly removed when they are no longer necessary. According to the evolution of legislation, other information can be archived. Users will be immediately advised about this.


The user is asked to view our Cookies Statement available HERE to find out more of these trace files and their configuration. 

6. Applicable law

These ToU are governed by French law regardless of any legal provision disputes. The French courts are solely competent for any dispute relating to these ToU, to the Website.


In the event where one of the clauses of these ToU would be null and void due to a change in legislation, regulation, or by a court decision, this could not, in any case, affect the validity and the respect of other clauses of the ToU.

7. ToU updates

We can, at our sole discretion, modify these ToU. The modifications are applicable and effective from their date of publication. By continuing to use the Website after the publication of modifications, you accept to comply with these. We ask you to view the ToU regularly, in order to be informed of any possible modification. The most recent version of our ToU remains permanently available.

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