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The present general terms and conditions govern all bookings made through the website of Fenix bvba at the ski shop (with registered office in 9000 Gent, Hoogpoort 31, C.B.E. no. 0422.431.238, email: firstname.lastname@example.org, tel.: + 32 9 226 31 81) and are made available to the visitor prior to his booking.
By making the booking, the visitor acknowledges having read the present general terms and conditions and agrees to them.
Through the website of Fenix bvba the visitor can book winter sports equipment directly at the ski shop of his chosen destination. The actual agreement for the use of the winter sports equipment is concluded between the ski shop and the visitor, without any responsibility on the part of Fenix bvba. If the ski shop requests a deposit or a payment in advance, it shall be the visitor’s responsibility to comply with this request and Fenix bvba shall in no event be liable for any cancellation of the booking if this request is not complied with.
Fenix bvba merely provides a booking service and it shall accept no liability whatsoever for any complaints with regard to the equipment, the quality of the equipment or the services provided by the ski shop.
Fenix bvba shall accept no liability whatsoever for accidents caused by the use of the equipment booked through the website of Fenix bvba.
Under no circumstances shall Fenix bvba be liable for any indirect damage of any kind, including but not limited to loss of profits and consequential loss.
3. Intellectual Property Rights
The ownership of all intellectual property rights with regard to the material contained in the website of Fenix bvba, including but not limited to all texts, images, editorials, photos, illustrations and other graphics, names, logos, and trademarks, shall rest with Fenix bvba. Material contained in this website may not be reproduced or disclosed in whole or in part without the prior written consent of Fenix bvba.
4. Accuracy of the Information
The information displayed on the website during the booking process, including the prices and the availability of the equipment, is based on information as provided by the ski shops.
Fenix bvba does not explicitly or implicitly provide any guarantee or warranty of any nature with regard to the information provided and shall on no account be responsible for any inaccuracies, mistakes or missing information.
Through the website the visitor can book the equipment, provided that he pays a booking fee. Making a booking implies an obligation to pay.
This booking fee shall not be refunded by Fenix bvba if the visitor cancels or modifies his booking for any reason. By making the booking, the visitor gives his explicit prior consent to immediately perform the contract to book the equipment and waives the right to exercise his right of withdrawal.
Personal data obtained during the booking process shall be processed and used by Fenix bvba with the purpose of enabling the booking services and of promoting services and products offered by Fenix bvba, including direct marketing via email and other channels. Said personal data shall not be sold nor made available to any third party, with the exception of the ski shops concerned.
By making the booking through the website of Fenix bvba, the visitor agrees to the processing of his data in the way and for the purposes set out above.
The visitor has a right of access to the personal data collected and processed. He also has the right to obtain the rectification of incorrect data and to oppose against the processing of his personal data for promotional purposes at any time and free of charge. To this end, the visitor should contact Fenix bvba.
7. Applicable Law
The present general terms and conditions shall be governed by and construed in accordance with Belgian law. Any dispute related to the present general terms and conditions shall come within the exclusive jurisdiction of the courts of Ghent.