These Terms of Use ("Terms") define the rules for accessing the website available at the URL www.bphg.ch (hereinafter referred to as "the Site"), published by BOUTIQ PRIVATE HOSPITALITY GROUP, a corporation with a capital of CHF 100,000, registered with the Geneva Trade and Companies Register under number CHE-431.702.011, with its registered office at Général Dufour 22, 1204, Geneva, Switzerland (hereinafter "Boutiq Private Hospitality Group", "We", "Us", "Our"). These terms also govern the use of the services and features provided by the Site by any person ("User", "You", "Your").

The Site is hosted by Infomaniak, located at Eugene Marziano 25, 1227 Geneva.

The services offered on the Site are provided "as is" and are subject to these Terms of Use.

Acceptance and Application of the Terms

The provisions of these Terms apply to any use of the services by the User, including if You access the services, regardless of Your status (individual or professional), the location where You are, the means of connection to the services, as well as the purpose and objective of Your access to the services.

Therefore, You agree to review the Terms before any use of the services. By using any or part of the services, You are deemed to have read and accepted these Terms. You agree to comply with the provisions of these Terms each time You use the services.

Access to Services

The User is informed of the inherent risks of the Internet, particularly in terms of:

lack of security in data transmission;
no guarantee of continuous access to services.
In no event shall We be held responsible for these risks and their consequences, harmful or otherwise, for the User.

It is the responsibility of each User to take appropriate measures to protect their own data, software, and hardware from contamination by viruses or other forms of attacks that may circulate through the services or the information published.

The User is and remains responsible for the conditions and consequences of their access to the services. This access may involve connection fees to technical service providers such as Internet service providers or telecommunications operators. These fees are the responsibility of the User. Furthermore, the User is and remains fully responsible for the provision and use of the equipment necessary to access the services.

The User may not invoke any difficulty in accessing the services to bypass these Terms.

User Rights and Obligations

The User of the services acknowledges having the necessary skills and resources, both material and software, to access and use the services.

The User agrees to comply with the provisions of the Terms and all applicable laws and regulations when using the services.

It is reminded that unauthorized access or maintenance in a computer system, hindering or distorting the operation of such a system, or fraudulently introducing or modifying data in a computer system constitutes offenses subject to criminal penalties.

In particular, the User agrees to:

Not compromise, damage, disable, overload, disrupt, or harm the security or proper functioning of the services or the information and operating systems of Boutiq Private Hospitality Group or its potential service providers;
Not hinder the normal operation or make fraudulent use of the services, in any way and in any form;
Not use or permit the use of the services in an abusive or illegal manner, for illicit, fraudulent, or malicious purposes; including but not limited to hacking the services or introducing malicious codes, including viruses or harmful data into the services, using any system, device, or program to extract data or information from the services or Boutiq Private Hospitality Group servers, sending or storing documents containing viruses, worms, Trojan horses, or other harmful codes, files, scripts, agents, or computer programs, interfering with or damaging the integrity or performance of the services and the data they contain, or attempting to gain unauthorized access to the services, its systems, or associated networks.
User Liability

The User of the services is responsible for any damage, whether material or immaterial, direct or indirect, caused to any third party, including Boutiq Private Hospitality Group, as a result of the use or illegal operation of the services by themselves and/or any of their components, regardless of the cause and location of the damage, and guarantees Boutiq Private Hospitality Group against the consequences of any claims or actions that may arise as a result.

Boutiq Private Hospitality Group cannot be held liable for any damage or prejudice of any kind, directly or indirectly arising from a breach by the User of these Terms.

In case of violation by the User of any of the provisions of the Terms, Boutiq Private Hospitality Group reserves the right to suspend, temporarily or permanently, without prior notice, access to and use of the services. In case of non-compliance with the applicable regulations and these Terms, the civil and/or criminal liability of the User could be engaged.

Boutiq Private Hospitality Group's Liability

The purpose of the Site is to:

Present the destinations and properties offered for seasonal rental by Boutiq Private Hospitality Group.
Allow interested users to request to be contacted for more information about a property and/or to reserve it.
Allow owners wishing to offer a property for rental on the Site to fill out a form to be contacted.
Boutiq Private Hospitality Group has taken all necessary precautions regarding the operation and maintenance of the services.

However, Boutiq Private Hospitality Group does not guarantee in any way that access to the services will be uninterrupted, easy, reliable, accurate, complete, satisfactory, or fast.

Boutiq Private Hospitality Group strives to provide accurate, precise, and up-to-date information on the services. Boutiq Private Hospitality Group reserves the right to modify or update the content and features of the services at any time and without notice.

Boutiq Private Hospitality Group cannot guarantee complete reliability, accuracy, completeness, truthfulness, or updating of the content of the services.

The User is encouraged to report any information they consider inaccurate and, if applicable, to propose any improvements they deem useful.

Boutiq Private Hospitality Group strives, as much as possible, to ensure the User has constant access to the services as well as a reasonable level of operation and availability of the services.

However, Boutiq Private Hospitality Group does not guarantee the sustainability, availability, and stability of the services. Access to the services may be interrupted for any reason beyond or within the control of Boutiq Private Hospitality Group, notably due to Internet network issues, force majeure, maintenance, updates, or technical improvements, or to develop the content and/or presentation.

Access to the services is provided as is. Boutiq Private Hospitality Group's liability cannot be engaged for damages not originating from a breach by Boutiq Private Hospitality Group of these Terms or from proven fault by Boutiq Private Hospitality Group.

In any case, Boutiq Private Hospitality Group's liability cannot be engaged for indirect damages resulting from:

The use of the services, including any operating loss, financial or commercial loss, loss of programs and/or data, especially in the User's information system, or threats such as viruses, bugs, malicious codes, Trojan horses, logic bombs, worms, and other anomalies that may occur on the Internet network;
The content of the services and/or the use of websites linked to the services or that Users may access via the services;
The inability to access the services, malfunctioning, or poor conditions of use of all or part of the services, for any reason whatsoever;
Omissions and/or errors that the services may contain, and any other element of the services.
The Terms set out the entire obligations and responsibilities of Boutiq Private Hospitality Group, which cannot be bound by any other express or implied warranties towards the User.

Hyperlinks

Hyperlinks to the Services:

The User of the services cannot create hyperlinks to the services without the express and prior authorization of Boutiq Private Hospitality Group and provided that they point to the homepage of the services without duplicating the homepage or any other page or element of the services.

You are prohibited from:

Inserting the link to the services from a service of which You are not the publisher;
Deleting, modifying, or altering, in any way, the size or appearance of the logos or other distinctive signs of Boutiq Private Hospitality Group;
Misleading any other User and/or third party or creating confusion about Your relationship with Boutiq Private Hospitality Group;
Presenting false, misleading, defamatory, or deceptive information about Boutiq Private Hospitality Group;
Using the trademarks, logos, or other distinctive signs of Boutiq Private Hospitality Group without the prior, express, and written consent of Boutiq Private Hospitality Group.
Boutiq Private Hospitality Group expressly reserves the right to revoke the authorization granted under these conditions and to take any appropriate action in the event of a breach of the provisions of this article.

You may be held responsible for any damage related to or resulting from such a breach.

Hyperlinks Available on the Services:

Boutiq Private Hospitality Group may include on the services links to websites owned by third parties or third-party services not published by Boutiq Private Hospitality Group. You should consult the legal notices and terms of use of these sites.

Boutiq Private Hospitality Group exercises no control over these external sites and services, does not contribute in any way to the development of the content and/or any element appearing on all or part of these third-party sites or services, does not assess or verify the relevance, accuracy, completeness, or updating of this information.

Consequently, Boutiq Private Hospitality Group cannot be held responsible for their content.

You acknowledge that Boutiq Private Hospitality Group does not endorse, guarantee, or take responsibility for all or part of the content and/or any element appearing on all or part of these third-party sites or services.

If You activate these hyperlinks pointing to third-party sites or services, You leave the services and agree to use these third-party services at Your own risk or in accordance with the conditions that govern them.

It is the User's responsibility to take the necessary precautions to ensure that the visited sites are free of computer viruses. Boutiq Private Hospitality Group's liability cannot be engaged, particularly due to the presence of computer viruses on third-party sites or services.

Intellectual Property

Boutiq Private Hospitality Group Content:

All elements constituting the services, including but not limited to, their general structure, all data, information, texts, files, animated or static images, presentations, databases, graphics, icons, photographs, plans, logos, videos, sounds, trademarks, distinctive signs, designs, models, and software ("Boutiq Private Hospitality Group Content"), are the exclusive intellectual property of Boutiq Private Hospitality Group or its partners and are protected, notably by the Swiss Intellectual Property Code and international laws and treaties relating to copyright and intellectual property protection.

Users are allowed to view online only the information provided to them and to use only the functionalities offered.

All reproduction rights are reserved, including for downloadable documents. All Boutiq Private Hospitality Group Content appearing on the services may not be subject to any representation or reproduction, in whole or in part, on any medium whatsoever, without the express and prior authorization of Boutiq Private Hospitality Group or the rights holders.

The User is therefore prohibited from distributing, broadcasting, representing, modifying, copying, storing, renting, reproducing, or otherwise exploiting, in whole or in part, Boutiq Private Hospitality Group Content, without the written, express, and prior authorization of Boutiq Private Hospitality Group or the rights holders, whether for free or for a fee or for the benefit of a third party, by the User or a third party, whatever the media and/or means used, whether known or unknown to date, except for strictly personal purposes related to the use of the services, excluding any professional or lucrative use, provided that the rights of Boutiq Private Hospitality Group are respected.

Failure to comply with this prohibition constitutes an act of infringement that may engage the civil and/or criminal liability of its author. Boutiq Private Hospitality Group reserves the right to take legal action against anyone who has not respected this prohibition.

User Content:

User comments and/or reviews published on the services may be accompanied by works submitted by Users who have stayed via Boutiq Private Hospitality Group, exclusively related to their trip and which may concern the premises, staff, and any offered service ("Works").

The Works are intended to be reproduced, published online, and disseminated to the public, notably in the form of photographs, illustrations, films, and videos, after prior agreement from Boutiq Private Hospitality Group's service providers.

Boutiq Private Hospitality Group benefits from the right to use, reproduce, and represent any Work provided by the User, whatever its nature and medium, free of charge on all types of media and for all types of use related to the object of the services, such as the illustration of articles or promotion, for the duration of the intellectual property rights.

The User guarantees Boutiq Private Hospitality Group against any action, claim, demand, or opposition from any person to whom the provided Work would have infringed and who would violate an intellectual property right or constitute an act of unfair competition and/or parasitism. The User also guarantees that the Work does not constitute a violation of laws or other applicable provisions relating to defamation, insult, privacy, image rights, or public decency.

Modifications to the Terms

Boutiq Private Hospitality Group may modify the content of the services or the terms of these Terms at any time and/or temporarily or permanently cease operating all or part of the services without notice.

It is therefore recommended that the User consults the latest version of the Terms with each new visit to the services to be informed of these new conditions.

In any event, browsing the services or any other use of the services implies the unconditional acceptance of the latest version of the Terms by the User.

Boutiq Private Hospitality Group will inform the User, by any means, including by email or by posting on the services, of any significant modification to the Terms that may have consequences on the provision of services subscribed to by the User and that have not yet been fully provided, or any significant modification to the Data and Cookie Protection Charter.

Applicable Law and Jurisdiction

The law applicable to the Terms and services is Swiss law, notwithstanding the plurality of defendants and subject to international public policy rules relating to consumer protection. Any dispute arising from the Terms that could not be resolved amicably under the preceding conditions will be submitted to the competent jurisdiction.