General conditions of use

1.     SCOPE

1.1    These general terms and conditions of use (the "T&Cs") shall govern the use of the www.ouftitourisme.be website (the "Site"), its content and the information contained therein. They shall apply, without exception, to all tourist services/products ordered by the User, via the Site, from a partner Service Provider.

1.2    The Site may only be used subject to acceptance of, and compliance with the T&Cs.

1.3    The T&Cs are available in French and in other languages (English, Dutch and German).

1.4    The T&Cs may be amended at any time. In the event of such amendment, the version of the T&Cs appearing on the Site at the point at which the User confirms his/her booking shall apply to such booking of tourist services/products.

1.5    The T&Cs may be accessed from any page of the Site at any time. The user may retain a copy of these T&Cs by saving them onto the hard drive of his/her computer, or onto any other storage device, or by printing a hard copy thereof for future reference. The User shall be exclusively liable for such retention.

1.6    The User is hereby informed that the tourist services/products booked via the Site are subject to the general terms and conditions of sale of the partner Service Providers that supply said services/products, in addition to these T&Cs.

1.7    The general terms and conditions of sale of each partner Service Provider may be accessed via a hypertext link displayed during the booking process, and indicated in the booking confirmation email sent following payment. 

2.     ACCEPTANCE

2.1    The User may only place or pay for a booking via the Site after having formally accepted these T&Cs, as well as the general terms and conditions of sale of the partner Service Provider that supplies the service/product concerned. The User shall indicate such acceptance by checking the relevant box.

2.2    The User shall be unable to continue with the booking process unless such acceptance has been given.

3.     PURPOSE AND DESCRIPTION OF THE "OUFTITOURISME.BE" WEBSITE

3.1     The www.ouftitourisme.be Site is published by the Tourism Federation of the Province of Liège (abbreviated to FTPL), a non-profit association having its registered office at 1 Place de la République Française, 4000, Liège, Belgium, registered with the BCE under number 0402.398.857.

3.2     Via the "OUFTITOURISME.BE" Site, FTPL provides an online booking platform for tourist services/products within the Province of Liège (entry tickets for certain museums and other tourist sites and attractions, accommodation, packages including entry tickets and accommodation, etc.). These services/products are offered and sold to Users on the Site by partner Service Providers.

3.3     The Site is a "tourist market place" managed via communication gateway systems and the "Open System" technology, developed by Alliance Réseaux SAS, a simplified joint-stock company incorporated in France (having its head office at 26 Rue Saint Exupéry, 73300, Saint-Jean-de-Maurienne, France, registered with the Commercial Court of Chambéry under number 393953278).

3.4     The Site is intended to act as a public interest facility, enabling partner Service Providers to publish and sell their tourist services/products (accommodation and leisure activities) in real time.

3.5     The tourist services/products proposed by our partners on the Site are exclusively managed by said partners, at their sole liability, and pursuant to their own general terms and conditions of sale. The User must therefore read the general terms and conditions of sale of the partner Service Provider(s) supplying the desired service(s)/product(s) prior to placing any confirmed booking via the Site.

3.6     In publishing tourist services/products on its Site, FTPL acts exclusively as an intermediary between the User of the Site and the partner Service Provider. By placing a booking via OUFTITOURISME.BE, the User shall therefore enter into a contractual relationship with the partner Service Provider that supplies the tourist service/product concerned.

3.7     On occasion, FTPL may use the Site to propose packages to Users in its own name and on its own behalf; such packages may include various tourist products and/or services (museum entry tickets, accommodation and catering services, etc.).

3.8     Such packages shall be supplied and managed exclusively by FTPL and under its sole liability. Where such packages are proposed and available on the Site, they shall furthermore be subject to FTPL's general terms and conditions of sale, in addition to these T&Cs.

3.9     Under such circumstances, the contractual relationship formed shall be between FTPL and the User. As such, the User must address any questions or complaints concerning his/her booking, or any booking amendment requests, directly to FTPL. Such requests must be made in accordance with the instructions and conditions indicated in FTPL's general terms and conditions of sale, as applicable to the package concerned.

3.10   The tourist products/service proposed on the Site are available for personal use only and may not be used in connection with any commercial or competitive activity or purpose.

4.      ONLINE CONTRACT FORMATION PROCESS APPLICABLE TO ALL TOURIST SERVICES/PRODUCTS

4.1     In order to book/purchase a tourist product or service via the Site, the User must be at least 18 years of age, must have the necessary legal capacity to enter into a contract and must use the Site in accordance with the T&Cs in force at the point at which the confirmed booking is placed.

4.2     The online booking process via the Site comprises four separate steps:

- Step 1: using the "add to basket" tab, the User selects the desired service(s)/products(s) to be added to his/her basket.

- Step 2: once the User has added all the desired service(s)/products(s) to his/her basket, he/she enters his/her personal details in the required fields in the booking form (surname, first name, address, etc.) and confirms the details entered.

- Step 3: the User must accept the Site T&Cs in their entirety, as well as the general terms and conditions of sale applicable to each service/product booked.

- Step 4: the User confirms the booking after entering and confirming his/her bank details in order to pay the full price of the booking via the secure, online payment system available on the Site.

4.3      The User is hereby notified that the personal data that he/she provides in the online booking form, and his/her bank details (for hotels only), are communicated to the Service Provider that supplies the product/service concerned.

4.4      At the end of step 4 of the online contract formation process, the User's booking shall be finalised and confirmed, subject to subsequent confirmation of availability by the Service Provider concerned.

4.5      The Service Provider's availability is displayed in real time on the Site, based on information supplied by the Service Provider. However, this availability is provided for information purposes only, since it may be affected by other transactions occurring simultaneously via different sales channels (websites, telephone, email). In the event of a double booking, the Service Provider shall be required to contact the User in order to seek an amicable resolution to the matter, or to provide the User with a refund.

4.6      The Service Provider that supplies the booked product/service shall then send the User a confirmation email (automatically via the Open System), detailing the services booked (in the main body of the email or an attachment), the price paid, the User's address, and the Service Provider's special terms and conditions applicable to the booking, detailing the terms under which the User may amend or cancel his/her booking.

4.7      The Service Provider shall send the booking confirmation email (automatically via the Open System) to the email address supplied by the User in the booking form. The User shall be responsible for verifying the accuracy of the contact details provided during the booking process.

4.8      In the event that the User does not receive the booking confirmation email, he/she must contact the Service Provider concerned directly.

5.       NO COOLING-OFF PERIOD

5.1      Pursuant to Article VI.53 of the Belgian Code of Economic Law, the User shall not be entitled to a cooling-off period for "accommodation services (other than for residential purposes), transport services, car rental services, catering services or services connected with leisure activities" purchased online. This provision shall apply to services booked on the Site both in package format or separately, for a specific date or time period.

6.       AMENDMENT OR CANCELLATION OF A BOOKING

6.1      Once a booking has been confirmed, the User shall be unable to amend the booking online. The User must therefore ensure that the information that he/she provides is complete and accurate before confirming any booking.

6.2      Any amendment requests must be addressed directly to the partner Service Provider concerned, pursuant to the instructions indicated in the booking confirmation email. The partner Service Provider shall process the amendment request subject to its own general terms and conditions of sale, to which FTPL is a third party.

6.3      In principle, the User shall also be entitled to cancel a booking made via the Site. The cancellation request must be addressed to the Service Provider, within the time frame and subject to the procedures and terms specified in the partner Service Provider's general terms and conditions of sale, as accepted by the User during the booking process, and to which FTPL is a third party.

6.4      The partner Service Provider concerned shall be responsible for processing the refund of the monies paid by the User on the Site during the booking process, where such refund is due following the cancellation or amendment of the booking; such refund shall be made in accordance with the Service Provider's general terms and conditions of sale; FTPL shall have no involvement in, or liability for, such matters. 

6.5      The User is hereby notified that cancellation of a booking may incur charges, pursuant to the Service Provider's general terms and conditions of sale. In some cases (special offers, packages, promotions, etc.), the User may not be entitled to a refund of the monies paid via the Site from the partner Service Provider concerned in the event that he/she cancels the booking.

6.6      The User must therefore read the general terms and conditions of sale of the partner Service Providers concerned, in addition to these T&Cs, prior to placing a booking. During the booking process, the User is invited to read these T&Cs and the general terms and conditions of sale of the Service Provider concerned, and to accept these terms and conditions by checking the relevant box. The User shall be unable to continue with the booking process unless this box has been checked.

7.       PRICES

7.1      The prices of the services and products proposed on the Site are quoted in euros, inclusive of all taxes, unless expressly stated otherwise on the Site or in the booking confirmation email.

7.2      The prices displayed are the standard prices applied by the partner Service Providers across various sales channels (except for occasional promotions proposed directly by the Service Provider for a particular campaign).

7.3      The prices may be amended by the partner Service Providers. The prices indicated on the Site shall be updated to reflect the latest prices applied by the partner Service Providers.

7.4      The total price charged to the User shall reflect the prices applied by the partner Service Provider on the date on which the User confirms the booking on the Site.

7.5      All special/promotional offers are clearly indicated as such.

8.       PAYMENT

8.1      The User shall pay the total price for the services to FTPL at the point of booking (step 4 of the booking process), by credit/debit card, via the secure, online payment system available on the Site.

8.2      This online payment system is used to combine the sale of multiple services/products from different Service Providers into a single payment, which is then redistributed by FTPL to each individual Service Provider's bank account by SEPA transfer.

8.3      Where the User makes an amendment to his/her booking following confirmation of the booking on the Site (number of people, additional services, etc.), any additional price or charges incurred by the User must be paid directly to the Service Provider concerned.

8.4       In the event that the User is due a refund of the price paid on the Site, such refund shall be made directly by the Service Provider concerned, subject to its own general terms and conditions of sale.

9.      LIABILITY OF FTPL

9.1     As stated in point 3.6 above, FTPL acts exclusively as an intermediary between the User and the Service Provider. As such, FTPL cannot be held liable for any harm caused to the User, where such harm is the direct or indirect result of:

- the non-performance or partial performance of the contract formed directly between the User and the Service Provider, to which FTPL is a third party

- any incorrect, inaccurate or incomplete information about the service/product proposed by the Service Provider concerned and appearing on the Site.

9.2    The information communicated by FTPL on the Site is based on the details provided by the Service Providers. The Service Provider that supplies the service/product concerned shall be solely liable for the accuracy and relevance of the information relating to said service/product as appearing on the Site, including prices and availability.

9.3    Under no circumstances may FTPL be held liable for any harm, of whatever nature, caused to the User as a direct or indirect result of temporary unavailability of the Site (technical fault, update, etc.) or a Site connection problem occurring during the booking process.

9.4    Furthermore, FTPL cannot be held liable for any harm, of whatever nature, caused to the User as a direct or indirect result of errors made by the User when entering his/her personal information in the booking form, or of fraudulent use of his/her credit/debit card by a third party.

9.5    FTPL makes no warranty to Users of the Site with regard to the quality of the tourist services/products sold on its own behalf and on behalf of partner Service Providers via the Site.

9.6    FTPL cannot be held liable for any links on the Site directing to other websites, and has no control over the content of such external websites. As such, FTPL cannot be held liable for content, advertising, products, services or any other elements available on or via external websites or sources that it has neither verified nor approved, or for any harm arising as a result of or in connection with the use of such links.

10.    INTELLECTUAL PROPERTY

10.1    The Site and all constituent elements thereof (information, layout, infrastructure, logos, texts, visuals, photos, images, illustrations, software, etc.) are the exclusive property of FTPL and/or its content providers, software licensors, partners and tourist Service Providers.

10.2    The User may not reproduce, amend, exploit, integrate or use the content of the Site and the information contained therein, whether in part or in whole, without the prior, express, written consent of FTPL.

11.     UNENFORCEABILITY

11.1     In the event that a provision of these T&Cs is declared unenforceable or invalid, whether in part or in whole, the provision concerned shall no longer form part of these T&Cs. This shall have no impact on the validity and enforceability of the other provisions of these T&Cs.

11.2     Furthermore, the provision declared invalid or unenforceable shall be replaced with another, valid and enforceable provision with a legal effect as a similar as possible to the invalid or unenforceable provision; where possible, such new provision shall apply retroactively with effect from the date on which the online contract entered into force.

12.       APPLICABLE LAW AND DISPUTE(S)

12.1      These T&Cs and our service provision activities shall be exclusively governed by, and interpreted in accordance with Belgian law.

12.2       Any disputes and/or disagreements arising in connection with our service provision activities and/or the validity, interpretation and/or enforcement of these T&Cs shall fall under the exclusive jurisdiction of the Courts of the District of Liège.