Accortrade.info Terms and Conditions

This web site and the related web sites contained herein (collectively referred to as "the Site") provide information on hotels and resorts that may be owned, managed and/or franchised by the Accor Group.

Descriptions featured on the Site are based on information provided by hotels, resorts and suppliers. Accor does not accept responsibility for descriptions, representations or changes to any such descriptions or representations.

Accor reserves the right to change, modify, add or remove sections of these Web Site Terms and Conditions and to add to, change or discontinue the products, programs and information contained in, or any other aspect of, the Site at any time and without notice or liability. Please check the Site regularly for changes.

By using the Site, you agree to be bound by the following Agreement between you and AAPC Properties Pty Limited (ABN 17 065 560 885) of registered office Level 30, 123 Pitt St, Sydney NSW 2000, ("Accor") comprising these Web Site Terms and Conditions:

PERSONAL AND NON-COMMERCIAL USE LIMITATION

The Site is for your personal, non-commercial use. You may not modify, adapt, copy, distribute, transmit, broadcast, display, perform, reproduce, publish, license, create derivative works from, incorporate in other works (whether electronic or not), transfer, or sell any information, software, products or service found on or obtained from the Site (collectively, "Accor Information""); provided that you may download, reproduce, and retransmit Accor Information solely for non-commercial purposes within your organisation. With the exception of the foregoing limited authorisation, no licence or right in any copyright or other intellectual or industrial property right of Accor or any other party is granted or conferred to you.

EXCLUSIONS AND LIABILITY

The Site is provided on an "as is" basis without warranties of any kind, either express or implied, including but not limited to:

warranties that your use or operation of the Site will be uninterrupted, virus free or error free;
warranties that the Site will be free of omission or inaccuracies; or
implied warranties of merchantability or fitness for a particular purpose, other than those warranties or conditions which are imposed by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.

Nothing in these Web Site Terms and Conditions has the effect of excluding, restricting or modifying any non-excludable statutory condition, warranty, guarantee, right, remedy or other benefit that is preserved by the Trade Practices Act 1974 (Commonwealth of Australia), the New Zealand Consumer Guarantees Act 1993 or any other legislative provision.

Where Accor is not entitled to exclude a warranty, condition or term implied by law, and to the extent permitted by law, Accor's liability for breach of any such warranty, condition or term is limited to:

in the case of services, at the option of Accor, either the re supply of the services or payment of the cost of having the services re supplied; and
in the case of goods, at the option of Accor, either the re supply of the goods or payment of the cost of having the goods are supplied

Your use of the Site and your acquisition of services through the Site is at your own risk. To the extent permitted by law, Accor, its agents, representatives or licensors shall not be liable for any loss or injury or any damages whatsoever, whether direct, indirect, exemplary, punitive, special, incidental, consequential or otherwise, including without limitation claims for loss of profits, business, use, bargain or goodwill, loss or corruption of data, or loss of savings, resulting from, or in any way connected to, the use of or access to, or inability to use or access the Site or any information presented on the Site or any services provided through the Site, in each case regardless of whether based in contract, tort (including without limitation) negligence, equity, strict liability, statute or any other basis.

Some jurisdictions do not allow the exclusion of implied warranties or consequential or incidental damages, so portions of the above-referenced exclusions may not directly apply to you. If a jurisdiction does not allow the exclusion or limitation of liability in accordance with the foregoing but allows limitations of liability to a certain maximum extent, then Accor's liability is limited to that extent.

To the extent permitted by law, you hereby waive any and all claims against Accor, its agents, representatives and licensors arising out of your use of the Site or any other Accor Information.

COPYRIGHT AND PROPRIETARY RIGHTS INFORMATION

The Site may contain trademarks, patents, technologies, products, processes or other intellectual property rights of Accor and/or other third parties, or references to the same. No licence, interest or right to or in any such trademarks, patents, technologies, products, processes and other intellectual property rights of Accor and/or other third parties is granted to or conferred upon you. Any reproduction or use of any of the contents of the Site, without the express written consent of Accor or unless expressly authorised by law, is prohibited.

YOUR REPRESENTATIONS AND WARRANTIES

You represent and warrant that:

all information that you Submit is true and accurate;
all content Submitted by you is owned by you and Accor's use of such content does not infringe or violate the intellectual property rights or any other rights of any third parties.

You acknowledge that Accor may use information provided through your use of the Site as provided for in the Privacy Policy.

LINKED WEB SITES

The Site may contain links (including, without limitation, sites linked through advertisements) which will enable you to leave the Site. Accor does not review or monitor any web sites linked to the Site and is not responsible for the content or accuracy of any such linked web sites. Your linking to any web sites is at your sole risk and subject to the terms and conditions of those sites. Accor is not responsible for the information, products, or services obtained on such other sites and will not be liable for any loss or damage arising from your access to or use of such sites. Any links to other sites are provided merely for the convenience of the users of the Site and the inclusion of these links does not imply an endorsement of the linked sites or the content therein. In addition, you agree not to link your web sites or any other third party web site to the Site without the express prior written consent of Accor.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Site, you warrant that you will not use the Site for a purpose that is unlawful or prohibited by these Web Site Terms and Conditions and notices.

Without limitation to the foregoing paragraph, if you use the Site you are solely responsible for any content Submitted by you. You must not:

use the Site for any purpose in violation of any Applicable Laws;
impersonate any person, entity or corporation, or Submit a fictitious name or entity;
Submit any content that:
- infringes the intellectual property rights of any third party;
- is unlawful, harmful, threatening, abusive, invasive of another's privacy, harassing, defamatory, slanderous, vulgar, obscene, hateful, racist, embarrassing or otherwise objectionable to any other person or entity;
- contains any unsanctioned advertising, promotional materials, or any other forms of unsanctioned solicitation, including, without limitation, junk mail, spam, chain letters, or any unsolicited mass distribution of e-mail;
- contains a survey, contest, or pyramid scheme; or
- contains an improper question;
stalk, harass or otherwise harm others;
distribute viruses, corrupted files, or any other similar software or programs that may damage the operation of another computer;
collect or store personal data about other users of the Site for any purpose;
induce, entice, solicit, recruit, lure, or attempt to induce, entice, solicit, recruit, or lure other users or any of Accor's employees, agents or contractors to another web site which, in Accor's reasonable opinion, is a competitor of Accor; or
engage in any other conduct that inhibits any other person from using or enjoying the Site.

INDEMNITY

You agree to defend, indemnify and hold harmless Accor and the Accor Group, and each of their officers, directors, employees, agents, subcontractors, licensors, and suppliers, from and against all claims, actions or demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with your use of the Site or resulting from, or alleged to result from, your use of the Site or your violation of these Web Site Terms and Conditions.

These Web Site Terms and Conditions will be governed by the laws of New South Wales, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

GENERAL

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Accor as a result of this agreement or use of the Site.

Any rights not expressly granted to you herein are expressly reserved by Accor. The Accor Group are direct and intended third party beneficiaries of these Web Site Terms and Conditions and may enforce these Web Site Terms and Conditions directly against you.

If any part of these Web Site Terms and Conditions is held to be unenforceable, the unenforceable part must be given effect to the greatest extent possible and the remainder will remain in full force and effect.

These Web Site Terms and Conditions constitute the entire agreement between Accor and you in relation to the Site, and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between Accor and you in relation to the Site.

Your use of the Site is conducted electronically and you agree that Accor may communicate with you electronically for all aspects of your use of the Site, including sending you electronic notices.

DEFINITIONS

In these Web Site Terms and Conditions, unless the context otherwise requires:

"Accor" means AAPC Properties Pty Limited (ABN 17 065 560 885) of registered office Level 30, 123 Pitt St, Sydney NSW 2000, and "we", "our" or "us" have the corresponding meaning.

"Accor Group" means:

AAPC Limited (ACN 009 175 820) of registered office Level 30, 123 Pitt St, Sydney NSW 2000; AAPC Properties Pty Limited (ABN 17 065 560 885) of registered office Level 30, 123 Pitt St, Sydney NSW 2000; and; together with their subsidiaries, Related Bodies Corporate, Related Parties, joint venture partners and any other entities which those companies may control or hold interests in.

"Applicable Law" in relation to any person, action or thing means the following in relation to that person, action or thing:

any law, rule or regulation of any country (or political sub-division of a country); any obligation under any licence in any country (or political sub-division of a country); and

any lawful and binding determination, decision or direction of a regulator in any country (or political sub-division of a country).

"Submit" means to submit, post, upload or transmit in any manner (whether electronically or otherwise).

INTERPRETATION

In these Web Site Terms and Conditions, unless the context otherwise requires:

words importing the singular include the plural and vice versa;
other parts of speech and grammatical forms of a word or phrase defined in this agreement have a corresponding meaning;
headings and underlining are for convenience only and do not affect the interpretation of this agreement; and
a term or expression starting with a capital letter:
which is defined in the clause entitled Definitions has the meaning given to it in that clause;
which is defined in the Corporations Act 2001 (Commonwealth of Australia) but is not defined in this Dictionary, has the same meaning as in the Corporations Law; and
which is defined in any other clause has the meaning given to it in that clause.

Accortrade.info Privacy Policy

Accor understands that privacy is important to you and wants your experience online to be as enjoyable and safe as possible. This policy describes who the Accor Group is and how it handles your personal information generally and when you use the Site.

WHO ARE WE

AAPC Properties Pty Limited is a wholly owned subsidiary of AAPC Limited. AAPC Limited is ultimately owned by Accor SA, a company listed on the French stock exchange a worldwide leader in travel, tourism and corporate services. AAPC Limited directly or through its subsidiaries, including AAPC Properties Pty Limited operates in Australia under the business name Accor. We operate hotels under the Accor brand, co-branded with such brand names as Sofitel. Pullman, MGallery, Grand Mercure, Novotel, Mercure, All Seasons, Ibis and Formule 1. We own some of our hotel businesses and others are operated by us on behalf of a third party that owns the hotel. In some cases the owner of the hotel has obtained the right (by way of a franchise) to use our brand names.

This privacy policy applies to AAPC Limited and its related companies' handling of personal information generally and when you use this Site. This includes the handling of personal information by the Sofitel. Pullman, MGallery, Grand Mercure, Novotel, Mercure, All Seasons, Ibis and Formule 1in Australia. It also applies to the handling of personal information by organisations which own hotels which are branded Accor and by the other businesses which are noted above.

For the purposes of this privacy policy, these owners, companies, hotels and businesses are referred to as the "Accor Group".

The Accor Group is bound by the National Privacy Principles as set out in the Australian Privacy Act (Cth) 1988 as amended and the New Zealand Privacy Act 1993.

WHAT PERSONAL INFORMATION IS COLLECTED BY THE ACCOR GROUP?

Visitors to the website provide various kinds of information in several different ways. Some visitors choose to submit personal information through subscription and entry forms and requests for more information, either through e-mails, response devices or other methods. Depending on the service you are accessing, you could be asked at various times to provide information including but not limited to, details such as your name, e-mail address or information about what you like and do not like Similarly, guests at our hotels and other individuals may provide information to the Accor Group.

The Accor Group will not collect sensitive information about you such as details of your race, political beliefs, religion or health. However this may be required where we are providing you with specialised services (such as access requirements for a disability).

We need this personal information in order to provide you with our products or services, and so we can provide you with a broad range of information in relation to tourism, hospitality and services and to assist in delivering a better service to you.

This information will be recorded by the hotel or business to which it is given and updated by that hotel or business when additional information is supplied or upon request from you. The contact details of a hotel or business are available when you obtain services from a hotel.

USE OF PERSONAL INFORMATION

The owner of a Hotel and the Accor Group use the personal information collected to provide you with our services and to assist in making your experience with the Accor Group a satisfying one. Information is also collected to establish and maintain proper business records.

Your personal information may also be used by the Accor Group to notify you about new products, services or promotions in the tourism, hospitality or services industries from time to time.

Accor's guests have the ability to make reservations via Accor's worldwide reservation system. The benefit of this system is that you can make a reservation at any time, 24 hours per day. If you make your call outside usual business hours in Australia in the country from where you are calling you may be talking to an operator overseas but your personal information collected at that time will only be used to process your reservation.

WILL YOUR INFORMATION BE GIVEN TO ANYONE ELSE?

You should be aware that from time to time, AAPC Limited may have a minority interest in other companies in the tourism, hospitality or services industry. Such companies now include APVC Limited (the Accor Vacation Club) and Allegiance Marketing Pty Ltd (which markets Accor Advantage Plus) both of which are owned or part owned by AAPC Limited. Your personal information may be transferred to those companies and others in which AAPC Limited has a minority interest for the purpose of promoting the services and products, which these companies offer. Those companies can be contacted if you elect to stop receiving such information at any time.

All personal information collected by the Accor Group is only made available to those authorised individuals who need to handle that information for the purposes outlined in this policy. In some circumstances, personal information may also be disclosed outside Accor.

For example, we may disclose personal information to third parties to whom Accor contracts out specialised functions (such as mailing houses and printing companies). In such cases we will require an undertaking from such persons to comply with the National Privacy Principles and Information Privacy Principles and do not use the personal information for any purposes beyond the scope of our contract with them.

Personal information may also be disclosed to third parties only for the purpose of completing your transaction with us (for example, your credit card provider), providing the services you have requested (for example booking a tour for you) and for the purposes of associated administration (for example frequent flyer number and expenditure details will be sent to the relevant airline).

The Accor Group will also disclose personal information when required by law and may disclose it when reasonably necessary to assist an enforcement body or to lessen or prevent a threat to individual or public health or safety.

USE OF COOKIES

The Accor website application uses cookies exclusively for session management. These temporary cookies serve to identify the user during each individual visit to the site ("session"). This is a built-in feature of Active Server Pages (ASP) technology. These cookies are temporarily stored in the user's browser throughout the course of each individual session. No other use is or can be made of the information contained in these cookies, and there is no trace of individual sessions.

EXTERNAL LINKS ON OUR SITE

Other companies, which place advertising or links on the Site, may collect information about you when you view or click on their advertising or content through the use of cookies. Due to the technical operation of the Internet, Accor cannot control this collection of information and accepts no responsibility for this collection, use or disclosure. You should contact these advertisers or content providers if you have any questions about their use of the information they collect.

Similarly, there may be links that will let you leave the Site. The use of information and/or privacy provided by the operator of a linked site as to any information you provide in accessing a linked site is in no way subject to this Privacy Policy. Accor takes no responsibility for any privacy policies or practices of any web sites accessible from the Site, whether or not such practices conform to privacy policies of those sites.

REMOVAL FROM OUR LISTS

If you do not want to receive e-mail or posted offers from the Accor Group generally please let us know by sending an e-mail message to privacy.AUS@accor.com or by contacting the Accor Group's Privacy Officer at the address detailed below. If you want to be removed from our mailing list, please provide Accor with your complete name and address. If your request relates to a particular hotel then please contact the General Manager of that hotel directly in writing.

If you follow the instructions for "un-subscribing" included as part of Accor's regular e-mail offers, your name will be removed from the mailing list for that publication/e-mail offer only.

ACCESS AND CORRECTION

You have a right to seek access to information, which the Accor Group holds about you (although there are some exceptions to this). You also have the right to ask us to correct information about you which is inaccurate, incomplete or out of date.

If you wish to exercise your right under the Australian or New Zealand Privacy Acts to seek access to the personal information held by a specific Hotel or business, then please contact the Hotel or business General Manager directly. If you wish to access information held by the Accor Group or at our AAPC Limited's corporate office, then you should address your request in writing to our Privacy Officer.

Please note that in the interests of protecting the privacy of all our customers, if you request details of any personal information held by us, we will need to identify you properly. To do this, we may telephone you or require your current name and address (any former addresses that may assist in identification) and a copy of a form of identification such as a current driver's licence or passport.

We will assume, unless you tell us otherwise, that your request relates to our current records about you. This will include the personal information about you, which is held on our databases and files. Generally, we will not charge you for our costs of providing access to our current records about you. For legal and administrative reasons, the Accor Group may also store records containing personal information in its archives. You may seek access to the records held by the Accor Group which are not current records, but if you do so, we may charge you for the cost of providing access.

If you are of the view that personal information about you is not accurate, complete or up to date, please provide our Privacy Officer with your request for correction (contact details are set out below). Any requests for correction will be dealt with promptly.

IS PERSONAL INFORMATION STORED SAFELY?

Reasonable steps are taken to ensure the security of personal information from such risks as loss or unauthorised access, destruction, use, modification or disclosure.

CONTACTING US

If you have any questions or comments about this privacy policy or about how we have handled personal information about you, please contact the Accor Group's Privacy Officer:

by telephone (61 2) 9280 9888; or
by facsimile (61 2) 9280 9899; or
by e-mail to privacy.AUS@accor.com; or
by letter Accor Privacy Officer, Level 30, 123 Pitt St, Sydney NSW 2000

CHANGES TO THE PRIVACY POLICY.

The privacy policy may change from time to time. The policy was last updated on 2 October 2008.

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