Last update 23/01/2024

GENERAL CONDITIONS OF USE

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 1 - 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.

VVISITWallonia 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.


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.

PRIVACY STATEMENT

Article 1 - General principles and contact details of the data controller

1.1. 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 Compte de Smet de Nayer, 14, registered with the CBE under number 0888.366.085, (hereafter “VISITWallonia”) is listed among the type 3 organisations provided for by the decree of 15 December 2011, concerning the organisation of the budget, accounting and reporting of Walloon government units.


1.2. VISITWallonia is responsible for a public interest mandate as defined in article 31/4.D. of the Walloon Tourism Code and has the mandate of publicising the French-language heritage, infrastructure and tourist initiatives of the region, in particular by operating the “Outil Régional de Commercialisation” available at the following URL address: https://reservation.elloha.com (hereafter the “ORC”), in accordance with the general conditions of use of the ORC (hereafter the “Mandate”).


1.3. VISITWallonia is responsible for processing personal data (hereafter “Personal Data”) processed as part of the performance of its Mandate.

1.4. All Personal Data processed by VISITWallonia, as data controller, is processed in accordance with Belgian and European regulations applicable to the protection of personal data, and in particular:

- Regulation (EU) of the European Parliament and Council of 27 April 2016 concerning the protection of natural persons in respect of the processing of personal data and the free movement of personal data and repealing directive 95/46/CE (hereafter “GDPR”);

- The law of 30 July 2018 relative to the protection of natural persons in respect of the processing of personal data.


Article 2 - Purpose of the statement

2.1. This statement is intended to inform you about the processing of your Personal Data when you are visiting or using the ORC website in relation to the Mandate.


2.2. This statement is up to date as of the date mentioned above. It may be adapted; as a consequence VISITWallonia invites you to check the content regularly.


2.3. This statement may be completed by contracts or specific clauses intended to cover a particular aspect of your relationship with VISITWallonia, when it proves necessary to provide you with further information about how VISITWallonia processes your personal data.


Article 3 - Categories of personal data potentially processed

As part of your visit to and/or use of the ORC website, VISITWallonia may process Personal Data in the following categories:

- The following identification data: your given name and surname, address, email, professional data (company name and inter community VAT number), language;

- Bank data;

- Data which you voluntarily communicate to VISITWallonia;

- Browsing data collected automatically when you visit our websites, like your IP address, browsing history, type of navigator, pages consulted, unique identification number, geolocalisation data (cf. article 8 below).


Article 4 - Purposes and legal basis for processing personal data

As part of your visit to and/or use of the ORC website, VISITWallonia processes Personal Data for the following purposes:

1° Essential data for the performance of services booked with a tourist operator: this purpose is based upon the performance of the public interest mandate of VISITWallonia;

2° Communication of information by email or letter: this purpose is based upon the performance of the public interest mandate of VISITWallonia;

3° Promotional communications by email (newsletter): this purpose is based upon your consent;

4° Behavioural statistics: this purpose is based upon the performance of the public interest mandate of VISITWallonia or your consent as the case may be;

5° Profiling (in particular by cross-reference to other databases of VISITWallonia): this purpose is based upon your consent;

CCommunication of your email address and/or any information related to your booking for purposes of commercial prospection by third party partners: this purpose is based upon your consent;
6° Management of the gateway from the Pass VISITWallonia: this purpose is based upon the performance of the public interest mandate of VISITWallonia;

7° The respect of legal and regulatory requirements.


Article 5 - Duration of personal data retention
VISITWallonia may retain your Personal Data for the following duration:

1° Data essential for the performance of services booked with a tourist operator: the necessary time for the specific purpose in question:

2° Communication of information by email or letter: the necessary time for the specific purpose in question;

3° Promotional communications by email (newsletter): until your consent is withdrawn;

4° Behavioural statistics: the necessary time for the specific purpose or until your consent is withdrawn;

5° Profiling (in particular by cross-reference to other databases of VISITWallonia): until your consent is withdrawn;

Communication of your email address and/or any information related to your booking for purposes of commercial prospection by third party partners: until your consent is withdrawn;

6° Management of the gateway from the Pass VISITWallonia: the necessary time for the specific purpose in question;

7° The respect of legal and regulatory requirements: the duration imposed by law.


Article 6 - Data recipients

6.1. For the fulfilment of the purposes described in article 4, VISITWallonia may potentially communicate your Personal Data to the following third parties (hereafter “Recipients”):

i. Partners with whom VISITWallonia works in performing its public interest mandate: any regional, federal and community administrations and organisations in the exercise of their mandates;

ii. The employees of VISITWallonia in Belgium and overseas in the exercise of their duties;

iii. Subcontractors and external service providers for the fulfilment of the intended purposes provided for in article 4, and in particular ADELYA, the technical operator in charge of collecting and processing of Personal Data for the account of VISITWallonia;

iv. The tourist operator(s) with whom you contract.


6.2. Your Personal Data will be retained in Belgium or in any other country of the European Economic Area. In this event, this Personal Data shall benefit from the same level of protection.

Certain processing may involve transfers to Recipients established outside of the European Economic Area, in which case VISITWallonia shall ensure that these Recipients present appropriate guarantee in order to protect the Personal Data in line with standards equivalent to those imposed by European legislation (GDPR).

6.3. VISITWallonia may be required to disclose your Personal Data if this proves necessary in order to respect applicable laws or to satisfy an order or injunction from the Courts and/or to protect and defend its rights or your rights.


Article 7 - Your rights

You have rights over the manner in which VISITWallonia processes your Personal Data.

These rights may be exercised by sending a letter or an email to the addresses mentioned in article 10.


7.1. Access right

You are entitled to ask VISITWallonia for the Personal Data which it holds about you. This right gives you the possibility of requesting a copy of all or just a part of your Personal Data, if you wish.


7.2. Right of opposition

You are entitled to ask VISITWallonia to stop processing your personal details.

Nonetheless you are not entitled to stop VISITWallonia from continuing the processing of your Personal Data:
- If this is necessary for the performance of a contract concluded with you;
- If this is required by applicable law;
- If the processing is necessary for the determination, exercise or defence of legal rights.


7.3. Right of correction

You are entitled to ask VISITWallonia to correct information which you consider incorrect.


7.4. Right of deletion

You are entitled to request the deletion of your Personal Data under the following circumstances:

- Your Personal Data are no longer necessary in respect of the reasons for which they were collected or processed in another way;

- You have withdrawn the consent upon which the processing of your Personal Data by VISITWallonia is based;

- For your own personal reasons, you consider that one of the forms of processing is detrimental to your privacy and causes you undue damage;

- You no longer wish to receive commercial advertising from VISITWallonia;

- Your Personal Data has not been processed in accordance with the GDPR and Belgian law;

- Your Personal Data must be deleted in order to respect a legal obligation provided for by the law of the European Union or by the national law to which VISITWallonia is subject.


7.5. Limitation of processing

You are entitled to ask VISITWallonia to limit the processing of Personal Data which it holds about you.

You may exercise this right when:

- The accuracy of the Personal Data in question is under dispute;

- Your Personal Data has not been processed in accordance with the GDPR and Belgian law;

- The Personal Data are no longer required to fulfil the initially intended purposes but may not yet be deleted for legal reasons (in particular for the determination, exercise or defence of your legal rights);

- The decision in respect of your opposition to processing is ongoing.

7.6. Right to withdraw consent

In the event that the processing of your Personal Data is based upon your consent, this consent may be withdrawn at any time.


7.7. Right to portability

You are also entitled to receive the Personal Data concerning you and which you have provided to VISITWallonia in a structured format, frequently used and readable by machine, and to communicate them to another data controller when the processing of Personal Data is based upon your consent or a contract and performed with the assistance of automated procedures.


7.8. Right to claim

Without prejudice to any other administrative or legal remedy, you are entitled to lodge a complaint with a supervisory authority, in particular in the member State where you ordinarily reside, your place of work or the place of the alleged violation if you consider that the processing of your Personal Data breaches the GDPR.


In Belgium:

Data Protection Authority

Rue de la Presse 35, 1000 Brussels

Tel: +32 (0) 48 43 00 • Fax: +32 (0 ) 2 274 48 35

Email: contact@apd-gba.be

Website: www.autoriteprotectiondonnees.be


Article 8 - Cookies

On this subject, consult our cookies policy.


Article 9 - Security

In order to ensure the protection of your processed Personal Data, VISITWallonia has adopted an information security programme for information stored within its systems. Furthermore, the IT systems are equipped with a next generation protection program.


Article 10– Contact details

If you have any questions about the Statement or the information which VISITWallonia holds about you, you can contact VISITWallonia in the following ways:

- By email: vieprivee@visitwallonia.be

- By letter: avenue Comte de Smet de Nayer, 14, 5000 Namur


Before responding to a request, VISITWallonia may invite you to confirm your identity.

COOKIE MANAGEMENT POLICY

What is a cookie?

A “cookie” is a sequence of information, generally of small size and identified by a name, which may be communicated to your internet browser by a website to which you connect. Your browser will retain it for a certain length of time and will send it back to the internet server every time that you reconnect to it. Cookies have many uses: ensuring that the website takes into account the preferences of the visitor, collecting statistical data, adapting the content and/or the advertising of websites according to the user, etc.

Most cookies only work for the duration of a session or a visit of a website. It is also possible to configure your browser settings to be informed each time a “cookie” is created or to disable them, individually or otherwise.


Types of cookies

We inform you of the type of cookies used on the website visitwallonia.elloha.com:

Necessary cookies: these cookies are necessary for purely technical reasons for a normal visit of the website. The use of these cookies does not require your prior consent.

Details of cookies:

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If you wish to delete cookies, the setting and preferences controlled by these cookies will also be deleted. The deletion of cookies may negatively affect optimal browsing and the functioning of the website.