Vatel Website Terms of Use | Rights & Responsibilities

1. Presentation of the Website and the services provided

These General Terms and Conditions of Use (hereinafter the "Terms") govern the terms, rights and limitations applicable to the use of the website www.vatel.ch.

It is operated by

École Hôtelière du Valais SA (hereinafter "EHV")

A public limited company with a share capital of CHF 100,000

Registered with the Commercial Register of the Canton of Valais

Swiss Business Identification Number (UID): CHE-115.468.565

Rue Marconi 19, 1920 Martigny, Switzerland

Telephone: +41 (0)27 720 18 24

Email: info@vatel.ch

2. Definitions

"User": any internet user who accesses and uses the Website.

"Services": the service presenting the Vatel schools worldwide, offered to Users through the Website.

"Website": the website referred to herein, accessible at www.vatel.ch , through which Users access the Services defined herein.

3. Acceptance of the Terms

These Terms are deemed accepted by any User by the mere fact of accessing and using the Website.

The User undertakes to use the Website in accordance with these Terms and applicable law. Where a Service requires entering into a legally binding commitment, the User must have the required legal capacity or, where applicable, the authorization of their legal representative.

4. Access to and availability of the Website

EHV endeavours, as far as reasonably possible, to ensure that the Website and the Services are available 24 hours a day, 7 days a week. Access to the Website (or the Services) may, however, be interrupted for maintenance, hardware or software upgrades, emergency repairs, or as a result of circumstances beyond EHV's control (for example, failure of telecommunications links or equipment).

EHV undertakes to take all reasonable measures to limit such disruptions, insofar as they are attributable to it. This constitutes an obligation of means (obligation de moyens) and not an obligation of result. To the extent permitted by law, EHV accepts no liability for any unavailability, suspension or interruption of the Website and/or the Services.

EHV reminds Users that the internet, through which EHV gives Users access to the Website and the Services, is an open and informal network formed by the international interconnection of computer networks using the TCP/IP standard. The internet is not managed by any central entity; each portion of the network belongs to an independent public or private organisation. Its operation relies on cooperation between network operators, without any obligation of supply or quality of supply between them. Networks may have unequal transmission capacities and their own usage policies.

EHV does not guarantee the continuity, quality or absolute security of access to the Website.

5. Intellectual property

The content of the Website (texts, design, structure, images, videos, downloadable material, etc.) is the property of EHV or is used by EHV with the authorisation of its owners, and is protected by Swiss and international intellectual property law, in particular the Federal Act on Copyright and Related Rights of 9 October 1992 (Copyright Act, CopA; SR 231.1) and the Federal Act on the Protection of Trade Marks and Indications of Source of 28 August 1992 (Trade Mark Protection Act, TmPA; SR 232.11).

Any reproduction of this content, in whole or in part, is strictly prohibited and may constitute an infringement giving rise to civil liability (Art. 62 et seq. CopA) and criminal penalties (Art. 67 et seq. CopA).

EHV grants only a right to view its content, for personal and private purposes and provided the User is the legitimate end user of the Website, to the exclusion of any public viewing or distribution. Reproduction is authorised only in digital form on the User's computer for the purpose of viewing the pages consulted with their browser. Printing on paper is authorised for private use within the meaning of Art. 19 para. 1 let. a CopA.

EHV authorises only strictly personal use of the data, information or content accessed by the User, limited to temporary storage on their computer for display on a single screen and to reproduction in a single copy for backup or printing on paper.

Any other use not expressly permitted herein is prohibited.

6. Hyperlinks

EHV cannot be held liable for Users' access to the content of resources consulted through hyperlinks on the Website that are not hosted under the domain name www.vatel.ch, subject to applicable mandatory legal provisions.

The presence of such links on the Website does not in any way constitute an endorsement of those websites or their content; they are provided for information purposes only. EHV accepts no liability for any information, opinions, reviews or other content accessible on those websites. Users are responsible for using such information with discernment, caution and critical judgement.

7. Personal data

In accordance with the Federal Act on Data Protection of 25 September 2020 (FADP; SR 235.1), which entered into force on 1 September 2023, and its implementing Ordinance (DPO; SR 235.11), and, where applicable, Regulation (EU) 2016/679 (GDPR), EHV informs Users that personal data may be collected when they use the Website.

EHV undertakes to respect Users' privacy and the confidentiality of their personal data when they browse the Website, as described in its [Privacy Policy].

8. Social networks

Users may subscribe to the Website's social network pages. By joining these pages, the User undertakes to comply with all the terms of use of the social network concerned.

9. Force majeure

Force majeure means any event beyond the control of and/or independent of the will of EHV, such as, without limitation: natural disasters, frost, fire, storm, flood, epidemic, supply difficulties, strikes or other labour disputes, malfunction or interruption of means of communication or of national or international postal services, interruption of electricity supply, or interruption of electronic and/or communication network lines, affecting its service(s) by reason of its unforeseeable and irresistible nature. In all cases of force majeure, and to the extent permitted by law, EHV is released from all liability, whether contractual or non-contractual (tort), under any warranty or on any other basis, for any damage caused directly or indirectly by the force majeure event, and consequently owes no damages or compensation for the total or partial non-performance of its obligations.

10. Changes to the Website

EHV reserves the right to modify and/or develop the Website at any time. Any interruption resulting from such changes shall not entitle the User to compensation for any direct or indirect damage arising therefrom.

EHV reserves the right to amend these Terms at any time. Any new Terms will be brought to the User's attention by publication online and shall apply as soon as they are published. The current Terms are available at all times on the Website.

11. Cookies

Cookies are mainly used to provide the User with a convenience function that saves time. The Website uses cookies that are strictly necessary for its operation and, where applicable, cookies subject to the User's consent, in accordance with the FADP and Art. 45c of the Telecommunications Act (TCA; SR 784.10).

On the first visit, an information banner allows the User to:

accept cookies,
refuse cookies,
or customise their cookie settings.

No cookies other than strictly necessary ones are placed without the User's prior consent.

The User may change their preferences at any time via their browser settings or the cookie management tool. To the extent permitted by law, EHV declines all liability for any impaired functioning of the Website and of any services offered on it resulting from (i) the User's refusal of cookies or (ii) the impossibility for the Website to store or read the cookies necessary for its operation as a result of the User's choice. Cookie settings differ from browser to browser and are described in each browser's help menu, which explains how the User can change their cookie preferences.

If the User refuses cookies, they may not be able to use all the services offered on the Website properly.

12. Miscellaneous

12.1 Severability

Should any provision of these Terms be held null, void or unenforceable by a final and binding court decision, the remaining provisions shall remain in force. The invalid provision shall be replaced by a valid provision that comes as close as possible to its original purpose, so as to preserve, as far as possible, the economic balance of these Terms.

12.2 No waiver

Any failure or delay by EHV in exercising a right or prerogative shall not be deemed a waiver of that right or prerogative. Likewise, the single or partial exercise of a right or prerogative by EHV shall not preclude the exercise of any other right or prerogative under these Terms.

12.3 Limitation of liability

All limitations and exclusions of liability in these Terms apply only to the extent permitted by law. In particular, EHV's liability for unlawful intent or gross negligence is not excluded (Art. 100 of the Swiss Code of Obligations).

13. Governing law and jurisdiction

These Terms are governed by Swiss substantive law, to the exclusion of the rules on conflict of laws.

In the event of a dispute concerning their interpretation or performance, and failing an amicable settlement, the ordinary courts of Martigny, Canton of Valais, Switzerland, shall have exclusive jurisdiction, subject to the mandatory rules on jurisdiction applicable to consumers (in particular Art. 32 of the Swiss Civil Procedure Code and, for consumers domiciled abroad, Art. 114 of the Federal Act on Private International Law and the Lugano Convention).