The Platform accessible at www.ooofer.com and downloadable from the App Store and Android Apps (hereinafter referred to as the " Platform ") is owned, designed and operated by SRL DAHU PARTNERS (hereinafter referred to as the " Company" ), registered with the Crossroads Bank for Enterprises under number 0758.797.445.
Capitalized terms used in the present General Terms and Conditions shall have the meanings set out below, whether used in the singular or plural, feminine or masculine.
ARTICLE : an Article of the present General Terms and Conditions.
COMPANY : SRL DAHU PARTNERS, which operates and offers its Services on the Platform.
DESCRIPTION : the elements describing a Partner's Provision of Service, notably the texts and photos appearing on the Platform.
GENERAL TERMS AND CONDITIONS: the present General Terms and Conditions of Sale and Use which govern the relationship between Subscribers and the Company in the context of the Services offered by the latter, as well as the conditions of use of the Platform.
ORDER/RESERVATION : any Order or Reservation of a Provision of Service made by a Subscriber on the Platform.
PARTNER : any of the Company's Hotel Partners who offers a Provision of Service on the Platform.
PLATFORM : the Platform accessible at www.ooofer.com and downloadable from App Store and Android Apps on which the Company offers its Services and the Partners their Prestation of Services.
PROVISION OF SERVICE : any Provision of Service (rental or provision of space, hosting, etc.) offered on the Platform by the Partners.
SERVICE : the booking service of the Provision of Services provided by the Company to Subscribers on the Platform.
SUBSCRIBER : any natural or legal person who has taken out a subscription with the Company, benefiting from its Services and using the Platform in order to book a Provision of Service offered by a Partner and any person enjoying the Provision of Service in fine.
3.1. The present General Terms and Conditions and its appendices aim to exhaustively define the contractual relationship between, on the one hand, the Company and, on the other hand, any natural or legal entity (hereinafter referred to as the " Subscriber" ) wishing to register on the Platform in order to benefit from the Company's Services (hereinafter referred to as the " Services" ) and from the Provision of Services of its Hotel Partners (hereinafter referred to as the " Provision of Services " and " Partners" respectively).
The present General Terms and Conditions and its appendices also aim to exhaustively define the conditions of registration and use of the Platform by the Subscriber.
3.2. Registration on the Platform and the use of the associated Services is subject to the Subscriber's unconditional and prior acceptance of the present General Terms and Conditions and its appendices.
The Subscriber's full, complete and unreserved acceptance of the present General Terms and Conditions is thus deemed to have been acquired prior to the validation of any Reservation made online, as soon as the Subscriber has ticked the box "I accept the General Terms and Conditions of Sale" when registering on the Platform.
The Subscriber's adherence to the General Terms and Conditions implies unreserved acceptance of all their provisions.
3.3. The Company reserves the right to adapt or modify the present General Terms and Conditions at any time. Any modification to the present General Terms and Conditions will come into effect immediately upon publication of the new provisions on the Platform or upon communication of the new provisions by e-mail or message on the Platform by the Company to the Subscriber, the new modified version being deemed to be expressly accepted by the Subscriber.
It is therefore imperative for all Subscribers to read the entirety of the General Terms and Conditions before validating any Reservation and it is also recommended that they download and/or print them in order to keep a copy.
The General Terms and Conditions applicable to the Subscriber shall be the General Terms and Conditions in force at the time of validation of the Subscriber's Reservation on the Platform.
3.4. The present General Terms and Conditions and its appendices and the conditions or warnings appearing on the Platform constitute the entirety of the contractual provisions applicable to the relationship between the Company and the Subscriber.
They may however be supplemented by special sales conditions appearing on the Description of the Provision of Service.
Within the framework of the Subscriber's relationship with the Partners, it is the general and/or special conditions of purchase, sale and/or use of the Partners that shall apply.
The purpose of the Services provided by the Company is to grant and guarantee to the Subscriber a right of access and use of the Platform in order to enable him to book the Provision of Services provided by the Partners.
The Platform thus acts as an electronic marketplace on which the Company, as an intermediary, publishes offers of Provision of Services from Partners and offers the following main Services:
5.1. Access to the Platform and Services
Any person can access the Platform and consult the Partners' Provision of Service offers and their Descriptions, both via the website www.ooofer.com and via the application downloadable from the App Store and Android Apps.
The Company's Services and the booking of Partners' Provision of Services are however exclusively reserved for the Company's Subscribers, after creating an account, validating the General Terms and Conditions and paying the subscription.
5.2. Creation of the account
Any person wishing to benefit from the Company's Services and, therefore, to become a Subscriber must first register on the Platform and create an account by entering a valid e-mail address and a password.
The person is then invited to create a profile (by entering his/her first and last name(s), date of birth, postal address and mobile number) and to confirm that he/she has read and accepts the present General Terms and Conditions. An e-mail and/or SMS will then be sent to him/her with a six-digit code to verify the e-mail address provided. Once the person enters the verification code within the time and space specified, the account is validated.
After validation of the account, the person fills in other information to specify his/her profile, such as the field in which he/she works, his/her professional status, his/her needs and expectations in terms of teleworking, the places where he/she would like to telework, etc.
5.3. Refusals and limitations of registrations
The Company reserves the right to limit the number of persons on the Platform and, therefore, to refuse a registration request, at its sole discretion and without any obligation to give reasons. In order to guarantee a quality Service, the Company wishes in particular not to exceed a certain ratio of Subscribers compared to the number of Partners, establishments and Provision of Services offered on the Platform. In the event that this ratio is exceeded, the Company will create a waiting list.
5.4. Choice of subscription
Once the account has been created, prior to the Reservation of a first Provision of Service, the person chooses the subscription formula that interests him/her from among the different options offered.
Once the subscription formula and the duration of the commitment have been chosen, the person fills in the data relating to the means of payment (bank card, credit card, MasterCard, etc.) and pays in accordance with the provisions of Article 8 of the present General Terms and Conditions.
5.5. Modification of the subscription
If the Subscriber decides to change his subscription formula, the new subscription formula chosen will take effect immediately.
5.6. Tacit renewal of the subscription
When a Subscriber takes out a subscription, he/she agrees to the tacit renewal of this subscription at the end of its term, under the same conditions and for the same duration.
However, he/she may specify that he/she renounces this renewal before the said term, by spontaneously cancelling it in the space provided for this purpose on the Platform.
6.1. The Subscriber may only make a Reservation for a Provision of Service if he/she is in order of payment for his/her subscription.
6.2 . The possibilities of making a Reservation of a Provision of Service in a Partner's facilities are limited according to the places, availability and times defined by the Partner.
6.3. By reserving a Provision of Service, the Subscriber confirms that he/she has read and accepts the present General Terms and Conditions as well as the general and/or specific conditions of purchase, sale and/or use of the Partner in whose establishment the Provision of Service is reserved.
6.4. Reservation of an individual work space in the common areas of the Partner's facilities
The Subscriber, regardless of the subscription formula chosen, may reserve individual work spaces in the common areas of the Partners' facilities on an unlimited basis and at no additional cost, subject to the provisions of Article 6.2. of the present General Terms and Conditions.
In the event of force majeure or if, exceptionally, the Partner is unable to accommodate the Subscriber for any reason whatsoever, the Subscriber will be informed by e-mail by the Company within 24 hours of the Reservation.
6.5. Reservation of a private meeting or work room in the Partner's facilities
The Subscriber, regardless of the subscription formula chosen, may reserve private meeting or work rooms in the Partners' facilities on an unlimited basis, subject to the provisions of Article 6.2. of these General Terms and Conditions.
The Reservation of a private meeting or work room in the Partner's facilities is subject to payment of the price indicated in the Description or the offer of the Provision of Service, in accordance with the terms and conditions set out in Article 8 of the present General Terms and Conditions.
Following the Reservation made by the Subscriber on the Platform, the Company notifies the Partner who has a period of 4 (four) hours to validate the Reservation according to the information submitted by the Subscriber, provided that the Reservation is made between 8:00 am and 6:00 pm depending on the time zone of the Partner's establishment. If the Reservation is made outside of this time slot, the time period will start from the beginning of the same time slot on the next working day. The Company then informs the Subscriber of the acceptance or refusal of the Reservation by the Partner.
6.6. Reservation of a room (overnight stay) in the Partner's facilities
The Subscriber, regardless of the subscription formula chosen, may make unlimited reservations for rooms (overnight stays) in the Partners' facilities, subject to the provisions of Article 6.2. of these General Terms and Conditions.
The Reservation of a room (overnight stay) in the Partner's facilities is subject to payment of the price indicated in the Description or the offer of the Provision of Service, in accordance with the terms and conditions set out in Article 8 of the present General Conditions.
6.7. The offers of Provision of Services available on the Platform may not be negotiated under any circumstances, neither with the Company nor with the Partner.
7.1. The prices indicated on the Platform are in euros (EUR) and are understood to include all taxes, unless expressly stated otherwise on the Platform, and exclude any local taxes, visa and/or bank card fees, etc., which remain the responsibility of the Subscriber.
7.2. Where necessary, the Descriptions and Provision of Services offers presented on the Platform specify the price applicable to each Partner's Provision of Service. The prices of the different subscription formulas are also indicated on the Platform. The Company reserves the right to modify the prices at any time but at the latest at the time of the Order. The applicable prices are those in force on the day of the said Order.
7.3. When the Subscriber takes out a subscription or makes a Reservation for a Provision of Service, the Subscriber agrees to pay the price indicated, including all fees and taxes that may apply.
7.4. In general, and unless expressly mentioned otherwise on the Platform, the prices do not include all expenses of a personal nature or ancillary to the Provision of Service (in particular and, if applicable, parking fees, telephone, drinks, food, room service, tips, massages, access to wellness facilities and spas, etc.) and more generally any service not expressly mentioned on the Platform. These expenses will be invoiced separately, directly by the Partner.
7.5. Obvious pricing errors on the Platform and printing errors are not binding.
8.1. Terms and conditions of payment of the subscription
Payment of the subscription is made online on the Platform either by payment card (Visa, American Express, Mastercard, etc.), or by bank transfer, or by any other means of payment offered by the Company. No other means of payment is accepted.
Payment for the subscription is made via Apple or Google. The Company has no control over these payments or transactions, nor does it have the ability to cancel them.
The Company shall have no liability to Subscribers or to any third party for any claims or damages that may arise from payments or transactions made through the Platform or from any other payment or transaction that the Subscriber has made through Apple or Google.
The Company is in no way responsible for any problems that the Subscriber may encounter during transactions with the various payment companies.
Subject to the provisions of Article 10 of the present General Terms and Conditions, the Company does not provide any refund for payments or transactions that the Subscriber makes on or via the Platform.
8.2. Terms and conditions of payment of the Provision of Services
8.2.1. Payment for a private meeting or work room is made directly to the Partner, in accordance with the payment terms and conditions provided by the Partner.
8.2.2. Payment for a room (overnight stay) is made directly to the Partner, in accordance with the payment terms and conditions provided by the Partner.
8.2.3. If the Partner arranges the payment, he is responsible for the handling of this payment and the completion of the transaction. Its general terms and conditions therefore apply and the Company has no influence on these and is not responsible for them. Before making a Reservation, the Subscriber shall check the Partner's own payment terms and conditions.
8.2.4. The Company does not accept any payments or financial transactions on behalf of the Partner via the Platform. The Company only provides a system to facilitate Reservations of Provision of Services directly with the Partner. The Company cannot be held responsible for any problems in the payment process.
The Company cannot be held responsible for the consequences of connection problems between the Platform and the Partner's own Channel Manager software.
The Company is in any case not responsible for any booking fees applied by the Partner's own reservation management software (Channel Manager).
8.3. Fraud
If the Subscriber is aware of fraud or unauthorized use of his means of payment or suspects such behaviour, it is his responsibility to contact his payment provider, who may cover the resulting costs, sometimes by deducting an excess.
9.1. Conditions for cancelling a Reservation of an individual work space in the common areas of the Partner's facilities
The Subscriber is free to cancel a Reservation for an individual work space in the common areas of the Partner's facilities without time limit and without charge.
Nevertheless, in the event of abusive behaviour by the Subscriber (for example, if the Subscriber makes numerous last-minute cancellations or never turns up for his or her Reservations and privatizes places for nothing), the Company reserves the right to temporarily block the Subscriber's account, at its own discretion and for the time it deems necessary.
9.2 Conditions for cancelling a Reservation of a private meeting or work room in the Partner's facilities
In the event of cancellation of a Reservation of a private meeting or work room in the Partner's facilities, the Subscriber:
Any Subscriber who can be considered a "consumer" may exercise a right of withdrawal, without having to give reasons and free of charge, within 14 days of the conclusion of the service contract (i.e. taking out a subscription or booking a Provision of Service), except if:
12.1. Except where mandatory consumer protection legislation applies, the Company has no obligations other than those set out in the present General Terms and Conditions and its appendices.
12.2. The Company only acts as an intermediary between the Partner and the Subscribers.
Once a Reservation is made by a Subscriber with a Partner via the Platform, a contract is formed directly between this Subscriber and the Partner, to which the Company is not a party. The Partner is solely responsible for the Service.
In this context, the general and/or special terms and conditions of sale and/or use, internal regulations and any other relevant document specific to the Partner shall apply in its relationship with the Subscriber.
The Company is in no way responsible for the application or enforceability of these general and/or special conditions of sale and/or use, internal regulations or any other relevant document specific to the Partner against the Subscriber.
It is indeed up to the Partner to personally ensure the communication and enforceability of its own general and/or special terms and conditions of sale and/or use, internal regulations and any other relevant document against the Subscriber.
The terms and conditions of access, refusal of access and use of the Partner's facilities, as well as the terms and conditions of booking, payment, cancellation, refund, etc. are the sole responsibility of the Partner.
12.3. The Company takes reasonable steps to make the Platform available to Subscribers. However, it does not guarantee that all the information it contains is accurate (it obtains some of this information from Partners).
In particular, the information and media forming the basis of the Descriptions and the content of the pages specific to the Partner's establishments on the Platform as well as the offers of Provision of Services proposed are provided to the Company by the Partner. The Company cannot therefore guarantee to Subscribers the realistic and recent nature of the information and media provided. The photos and illustrations used are not contractual and shall in no case constitute an essential element of the contract. Indeed, changes may have occurred between the date when the photograph or illustration was taken and the date of the Subscriber's Reservation. Thus, there may be slight variations between the photos and illustrations appearing on the Platform and the actual situation of the facilities.
To the extent permitted by law, the Company shall not be liable for any errors or missing information on the Platform, although it will use its best endeavors to correct them as soon as possible.
12.4. The Company does not make any promises concerning the Provision of Services of the Partners, except as expressly stated in the present General Terms and Conditions. Making the right choice is the sole responsibility of the Subscriber.
12.5. The Company may not be involved in any way or be held liable in the event of a dispute between a Partner and a Subscriber.
12.6. The Company is in no way responsible for the consequences and direct or indirect damage resulting from any incident occurring within the Partner's establishment and involving a Subscriber or a member of his group following a Reservation made on the Platform.
Any incident involving a Subscriber or a member of his group occurring within the Partner's establishment or within the framework of the contractual relationship between the Partner and the Subscriber is governed by the Partner's own general and/or special terms and conditions of sale and/or use, internal regulations and any other relevant document and is the sole responsibility of the Partner.
12.7. The Company cannot be held responsible if a Partner cancels a Reservation made by a Subscriber in its establishment and no compensation can be claimed by the Subscriber from the Company in this respect.
12.8. The Company cannot be held responsible for (attempted) infringements and/or fraud committed by a Subscriber, Partner or any third party via the Platform.
12.9. In order to guarantee its Services, the Company ensures that the Platform is available to the Subscriber all year round, 7 days a week, 24 hours a day.
However, the Company does not give any guarantee to the Subscriber regarding:
Neither Party may be held responsible for the total or partial non-performance of its obligations if such non-performance is due to an act of God or to the occurrence of an event constituting force majeure.
For the purposes of the present General Terms and Conditions, force majeure shall be understood to mean any unforeseeable and unavoidable fact or event outside the control of the Parties which constitutes an insurmountable obstacle to the fulfilment of their obligations, including, but not limited to, armed conflicts, fires, storms, floods, earthquakes, cyclones, volcanic eruptions or any other natural disaster, severe epidemics, lack of raw materials, lack of (sufficient) electricity or natural gas, network failures, partial or total strike, and so on.
The Party affected by such facts or events shall inform the other Party as soon as possible.
In the event of a question or complaint, the Subscriber may contact the Company's customer service department by sending an e-mail to info@ooofer.com.
The Company endeavors to resolve disputes internally and is under no obligation to submit to alternative dispute resolution procedures administered by independent providers.
The Company can assist the Subscriber in communicating with the Partner but cannot guarantee that the Partner will read or respond to the information submitted.
The Platform, as well as the software, databases, texts, information, analyses, images, photographs, graphics, trademarks, logos, models, sounds or any other elements contained on the Platform remain the exclusive property of the Company and/or of the Partners with whom the Company has entered into licence agreements.
The Subscriber undertakes not to reproduce, exploit, download, redistribute or use in any way whatsoever, even partially, these elements, whatever their nature (graphic, textual, audiovisual, sound or software content), without the prior consent of the Company or the holders of the trademarks or rights attached to these elements.
The Subscriber shall refrain from introducing, by any means whatsoever, data likely to modify or damage the content or presentation of the Platform.
Any infringement of the Company's intellectual property rights by the Subscriber will give rise to legal proceedings and the payment of damages for a minimum amount of EUR 500.00, without prejudice to the Company's right to obtain full compensation for its actual damage if it is greater.
The protection of personal data is the subject of a Privacy Policy as well as a Cookies Policy, both available on the Company's Platform.
17.1. The possible invalidity or unenforceability of any provision of the present General Terms and Conditions shall not affect the validity or enforceability of the remaining provisions.
Any provision of the present General Terms and Conditions that is found invalid or unenforceable shall be replaced by the Parties with a provision having equivalent economic effect. The Party which finds a provision invalid or unenforceable shall inform the other Party as soon as possible.
17.2. The fact that the Company does not avail itself of any provision of the present General Terms and Conditions shall not be construed as a waiver of its right to do so at a later date.
Neither Party shall have the right to assign or transfer, either totally or partially, the rights and obligations arising from the present General Terms and Conditions to a third-party without the prior written consent of the other Party.
19.1. The notifications provided for in the present General Terms and Conditions are validly made by the Company to the email address communicated by the Subscriber when registering on the Platform.
19.2. Unless there is an obvious error on the part of the Company or its Partners, which the Subscriber can prove, the data kept in the Company's and/or its Partners' information systems have evidential value with regard to Reservations made by the Subscriber.
Data on computer or electronic media constitute valid evidence and as such are admissible under the same conditions and with the same probative force as any document drawn up, received or kept in writing.
20.1. To the extent permitted by binding local and/or European legislation (e.g. on consumer protection), the present General Terms and Conditions and the Company's Services shall be governed by and construed in accordance with Belgian law, regardless of the Subscriber's country of residence.
20.2. To the extent permitted by binding local and/or European legislation (e.g. on consumer protection), any dispute or litigation arising from the validity, interpretation and/or execution of the present General Terms and Conditions and the Company's Services shall fall under the exclusive jurisdiction of the French-speaking courts of the judicial district of Brussels.
The Parties shall attempt to resolve amicably any difference or dispute arising from the validity, interpretation and/or execution of the present General Terms and Conditions and the Company’s Services before instituting any legal proceedings, although this provision may not be interpreted as a condition for the admissibility of a legal claim.