TERMS AND CONDITIONS

Introduction

These terms and conditions ("Terms") govern your use of our website or mobile application; by using our website or mobile application, services or products and/or communicating with us, you accept the Terms in full. If you disagree with the Terms or any part thereof, you must not use our website or mobile application or otherwise communicate with 5 ATLANTIS AG, Döltschiweg 234, 8055 Zurich, Switzerland ("we", "us", "our") or our affiliates (together with us "FIVE Hotels and Resorts").

Our website and mobile application use cookies and if you use the website or mobile application, we may process personal data. By using our website or mobile application and agreeing to the Terms, using our services or products and/or communicating with us, you consent to FIVE Hotels and Resorts' use of cookies and personal data in accordance with the terms of our privacy policy, accessible here [https://zurich.fivehotelsandresorts.com/your-privacy-rights], and cookies policy, accessible here [ https://zurich.fivehotelsandresorts.com/cookie-policy ], which form an integral part of these Terms.

License to use the website or mobile application

Unless otherwise stated, FIVE Hotels and Resorts and/or its licensors own the intellectual property rights in the website or mobile application and material on the website or mobile application.  Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages or brochures and menus from the website or mobile application for your own personal use, subject to the restrictions set out below and elsewhere in these Terms.

You must not:

  • republish material from our website or mobile application (including republication on another website or mobile application);
  • sell, rent or sub-license material from the website or mobile application;
  • show any material from the website or mobile application in public;
  • reproduce, duplicate, copy or otherwise exploit material on the website or mobile application for a commercial purpose;
  • edit or otherwise modify any material on the website or mobile application; or
  • redistribute material from the website or mobile application except for content specifically and expressly made available for redistribution.

Acceptable use

You must not use the website or mobile application in any way that causes, or may cause, damage to the website or mobile application or impairment of the availability or accessibility of the website or mobile application; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use the website or mobile application to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the website or mobile application without FIVE Hotels and Resorts express written consent.

You must not use the website or mobile application to transmit or send unsolicited commercial communications.

You must not use the website or mobile application for any purposes related to marketing without FIVE Hotels and Resorts express prior written consent.

No warranties

The website and mobile application are provided “as is” without any representations or warranties, express or implied.  FIVE Hotels and Resorts makes no representations or warranties in relation to the website or mobile application or the information and materials provided on the website or mobile application.

Without prejudice to the generality of the foregoing paragraph, FIVE Hotels and Resorts does not warrant that:

  • the website or mobile application will be constantly available, or available at all; or
  • the information on the website or mobile application is complete, true, accurate or non-misleading.

Nothing on the website or mobile application constitutes or is meant to constitute, advice of any kind.  If you require advice, including in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitations of Liability

FIVE Hotels and Resorts, their officers, employees, agents, auxiliaries, other staff, successors, assigns and sub-contractors will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, the website or mobile application or our services and products:

  • for any direct, indirect, special or consequential damages; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, loss or corruption of information or data or any damages or losses incurred as a result of business interruption.

These limitations of liability apply even if FIVE Hotels and Resorts has been expressly advised of the potential damages or loss.

If you incur any damages or losses, you must in any case notify us immediately, otherwise your rights are deemed waived.

By using our website or mobile application, services or products and/or communicating with us, you engage in electronic communication with us and are taken to accept the risks in so doing. Electronic communication is neither safe nor confidential and may be subject to technical or operational interferences. In particular, data transmitted by means of electronic communication may be susceptible to disclosure interception, corruption, delay and unauthorized amendment. FIVE Hotels and Resorts does not accept any liability for any such disclosure, interception, corruption, delay or amendment of any kind of data or their consequences.

Exceptions

Nothing in these Terms will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in these Terms will exclude or limit our liability in respect of any:

  • death or personal injury caused by us;
  • direct damages caused by our gross negligence or willful misconduct;
  • fraud or fraudulent misrepresentation on our part; or
  • any matter which it would be illegal or unlawful for us to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using our website or mobile application, services or products and/or communicating with us, you agree that the exclusions and limitations of warranties and liability set out in these Terms are reasonable.

If you do not think they are reasonable, you must not use our website or mobile application, services or products and/or communicate with us.

Other parties

You accept that FIVE Hotels and Resorts has an interest in limiting the personal liability of its officers, employees and other staff. You agree that you will not bring any claim personally against FIVE Hotels and Resorts' officers, employees or other staff in respect of any losses you suffer in connection with the website or mobile application.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in these Terms will apply to and protect FIVE Hotels and Resorts as well as their officers, employees, agents, auxiliaries, other staff, successors, assigns and sub-contractors.

Unlawful/Unenforceable provisions, Severability

If any provision or part of it of these Terms is, or is determined by any competent court or other competent authority to be, unlawful and/or unenforceable, that will not affect the lawfulness and/or enforceability of the other provisions or remainder of the provision of these Terms, which shall continue to be in effect.

If any unlawful and/or unenforceable provision or part of it would be lawful or enforceable if it or part of it were amended, that provision or part of it will be deemed amended in such a manner that it becomes lawful and/or enforceable again while staying the closest possible to the originally intended effect of the unlawful and/or unenforceable provision or part of it.

Indemnity

You indemnify FIVE Hotels and Resorts and undertake to keep FIVE Hotels and Resorts indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by FIVE Hotels and Resorts to a third party in settlement of a claim or dispute on the advice of FIVE Hotels and Resorts' legal advisers) incurred or suffered by FIVE Hotels and Resorts arising out of any breach by you of any provision of these Terms, arising out of any claim that you have breached any provision of these Terms, or arising out of any claims made by third parties in relation to your conduct, in particular your use of our website or mobile application, our services or products.

Breaches of these Terms

Without prejudice to FIVE Hotels and Resorts' other rights under these Terms  or at law, if you breach these Terms in any way, FIVE Hotels and Resorts may take such action as FIVE Hotels and Resorts deems appropriate to deal with the breach, including suspending your access to the website or mobile application, prohibiting you from accessing the website or mobile application, deny your use of our products or services or any further communication with us, blocking devices using your IP address from accessing the website or mobile application, contacting your internet service provider to request that they block your access to the website or mobile application and/or bringing court proceedings against you.

Variation

We may revise these Terms from time-to-time. Revised terms and conditions will apply to the use of the website or mobile application from the date of the publication of the revised terms and conditions on the website. Please check this page regularly to ensure you are familiar with the current version. By continuing using our website or mobile application, services or products and/or communicating with us, following publication of any revised terms and conditions, you accept such revised terms and conditions in full.

Assignment

FIVE Hotels and Resorts may transfer, sub-contract or otherwise deal with FIVE Hotels and Resorts' rights and/or obligations under these Terms without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms.

Entire agreement

These Terms, together with the documents referenced herein, constitute the entire agreement between you and 5 ATLANTIS AG]in relation to your use of the website or mobile application and supersede all previous agreements in respect of your use of the website or mobile application.

Applicable law

These Terms are governed by and construed in accordance with the substantive laws of Switzerland, and any disputes relating to these Terms will be subject to the exclusive jurisdiction of the ordinary courts of Zurich, canton of Zurich, Switzerland.