Hotel Resilient Certifications UG (haftungsbeschränkt), herein also referred to as “Hotel Resilient”, is an entity duly registered in the Federal Republic of Germany under registration no. HRB 736873.
“Hotel Resilient Intellectual Property” refers to all materials, processes, tools, software, website products, services, creations, certifications, trademarks, patents owned by Hotel Resilient
“Hotel Resilient Services” refer to various services provided by Hotel Resilient through the Hotel Resilient’s Website, web-based applications, or in person through individuals duly authorized by Hotel Resilient.
“Hotel Resilient Web Application”, herein also referred to as the “Application is the application software accessed by the user through a web browser delivering all of the Hotel Resilient Services, including Certifications.
“User” refers to any entity that has used or is using Hotel Resilient Services.
“Member” refers to any User that has explicitly applied for Membership and/or Certification with Hotel Resilient for purposes of using Hotel Resilient Services under the conditions specified in section 4 below. Membership is directed exclusively at enterprises within the meaning of the German Civil Law Code § 14 BGB, i.e. natural or legal persons or partnerships with legal capacity. Only these are users within the meaning of these Terms and Conditions.
“Certification” refers to any of the Hotel Resilient Certification labels, which is available to Hotel Resilient Members.
“Accommodation Services” refers to entities operating hotels, resorts, and other accommodation service providers.
“Hotel Resilient Intellectual Property” refers to all materials, processes, tools, products, services, creations, trademarks, patents belonging to Hotel Resilient.
Hotel Resilient Services (the “Service” or “Services”) involve the provision of assessments and certifications in relation to disaster and climate risk, preparedness and resilience for Accommodation Services. Such Services maybe provided through Hotel Resilient’s website, web-based applications, or in person through individuals duly authorized by Hotel Resilient.
A User may avail of Hotel Resilient services through a web-based application (the “Application”), under the terms and conditions specified in item 3 below. The User of the Application does not, by mere use of the Application, become a Member.
A User becomes a Member after the User pays the membership fee and applies for Membership and/or Certification on the Hotel Resilient Application. The Membership Period and Fee shall be set and adjusted at the sole discretion of Hotel Resilient.
A Member may avail of Hotel Resilient Services through the Hotel Resilient Application, under the terms and conditions specified in item 4 below.
A Member may also apply for Hotel Resilient Certifications, under the terms and conditions specified in item 5 below.
The use of the Application by any User is provided by Hotel Resilient free of charge, but subject to the following conditions:
The use of the Website by any User is provided by Hotel Resilient subject to the following conditions:
The use and display of the Hotel Resilient Certification by any User Member provided by Hotel Resilient is subject to the following conditions:
As a condition of use, the User promises not to use the services for any purpose that is unlawful or prohibited by these Terms or any other purpose reasonably intended by Hotel Resilient. By way of example, and not as a limitation, the User agrees not to use the services to:
With regard to the Hotel Resilient Certification, Application, Website and Software, in no event will its licensors be liable for any indirect, incidental, consequential, special or punitive damages of any kind or nature, including but not limited to loss of profits or loss of data, for any reason whatsoever, whether such liability is asserted on the basis of contract, tort (including negligence or strict liability), or otherwise, even if its licensors have been warned of the possibility of such loss or damages.
The limitations and exclusions of liability above also apply to the personal liability of the employees, workers, representatives, guests, organs and agents of the Member.
The User warrants to hold Hotel Resilient free from any liability pertaining to third parties:
Any limitation from liability in these Terms and Conditions extends to any and all costs, claims, demands, damages, settlements, attorney’s fees, judgments, among others, and to all principals, officers, shareholders, employees, representatives, contractors acting for and on behalf of Hotel Resilient, except in cases of gross negligence or intentional misconduct.
The User agrees to the Hotel Resilient Copyright terms and acquires no intellectual property rights to Hotel Resilient Intellectual Property and is merely permitted the use of such Service. Hotel Resilient waives no rights as regards its intellectual property. The permission to use must not be construed as a grant or cession of the rights holders’ intellectual property. Any unauthorized use by a contracted party, or a use by a third party, shall be deemed a violation and infringement of said rights holders’ intellectual property, which reserves all rights to enforce the same. Hotel Resilient Intellectual Property shall not be copied in any physical, electronic, digital, or other format, or used in any way other than as permitted by Hotel Resilient.
Hotel Resilient reserves the right, from time to time, to amend the provisions in these Terms and Conditions. It undertakes to duly notify relevant parties of such amendments and provide a mechanism for such parties to consent to such.
Any claims that may arise from the foregoing shall be brought before the appropriate courts in the Federal Republic of Germany.
We respect your rights to privacy under the European Union General Data Protection Regulation (GDPR) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 and we comply with all of the Act’s requirements in respect of the collection, management and disclosure of your personal information.
We automatically gather and store certain information about your visit, such as:
We collect, hold and use the following types of personal information:
We collect, hold and access information about you for the following purposes:
We use industry best practice steps to secure your personal information from misuse and loss and from unauthorised access, modification or disclosure and take all reasonable precautions to ensure that information is kept securely stored. For further information see our developer documentation