We reserve the right, in our sole discretion, to modify, add, or remove portions of the terms of this Agreement at any time without notice. Unless otherwise indicated, such changes will become effective immediately upon our posting of the changes to https://viennacity.com.gh/legal-notice. Therefore, please check https://viennacity.com.gh/legal-notice periodically for such changes. You hereby agree that your Use of the Site following the posting of changes to this Agreement at https://viennacity.com.gh/legal-notice means that you accept all such changes.
Please note that additional terms and conditions may apply to making reservations and/or check in and/or check out arrangements, and/or engaging in purchases and/or other transactions or activities on or through this Site. You agree to comply with the terms and conditions set forth herein and any and all such applicable additional terms and conditions.
We reserve the right in our sole discretion to revoke or deny your access to the Site, including, without limitation, if you violate any provision of this Agreement or the EULA.
As a condition of your Use of the Site: (i) you must be at least 18 years of age; (ii) you must possess the legal authority and capacity to create a binding legal obligation, including to be bound by the terms of this Agreement; and (iii) your Use of the Site must not violate any law, statute, ordinance, rule or regulation. You hereby represent and warrant that you satisfy all of the foregoing conditions. If you do not satisfy all of the foregoing conditions, you are not authorized to use the Site.
Except as set forth below with respect to “Communications” (as defined below): (i) all rights in the information, data, text, software, music, photographs, pictures, designs, graphics, logos, files, products, services, images, videos, messages, sounds, files, and other materials contained and/or displayed on the Site, the layout and design of the Site, and the selection and arrangement of material on the Site are owned or licensed by Vienna City (hereinafter the “Content”); and (ii) you may not modify, alter, download, upload, post, reproduce, distribute, publish, transmit, copy, display, transfer, sell, re-sell, perform, license or sublicense the Content or use the Content to create derivative works in any form, manner or by any means, for any commercial purpose without the prior written permission of Vienna City, and/or otherwise as specifically provided herein.
Subject to your compliance with the terms of this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Content solely in connection with your permitted use of the Site and solely for your personal and for non-commercial purposes.
This Site displays or references valuable trademarks owned by Vienna City. The Marks and related proprietary property are protected from copying and simulation under national and international laws, and you may not reproduce, download, upload, copy or otherwise use the Marks in any manner without the express prior written permission of Vienna City. Other trademarks not owned by Vienna City and referenced on this Site are the property of their respective owners.
The Site may contain or reference the Marks, and/or other trademarks, service marks, trade names, patents, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights (collectively the “IP”) owned by Vienna City and/or other parties. No license to or right in any such IP is granted to or conferred upon you and you may not use the IP for any purpose (including those identified in the restrictions provisions set forth below), except as otherwise permitted herein or as permitted by law.
In addition to the foregoing restrictions, you further agree that in connection with your Use of the Site, you will not in any manner:
Additional restrictions on the Use of this Site are set forth in other provisions of this Agreement.
You shall make only legitimate reservations in good faith for use only by you and/or your invited guests and/or others on whose behalf you are authorized to act, and not for other purposes, including without limitation, reselling, impermissibly assigning or posting on third party websites, or making speculative, false or fraudulent reservations, or any reservations in anticipation of demand. We reserve the right to cancel or modify reservations in our sole discretion for any reasons, including where it appears that a customer has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the reservations contain or resulted from a mistake or error, even if such mistake or error is ours. To contest the cancellation of a booking or freezing or closure of an account, please contact our Customer Support.
Our Site may provide you with the ability to use usernames, passwords, or other codes or devices to gain access to certain portions of our Site (“Passwords”). You are entirely responsible for maintaining the confidentiality of your Passwords and for all activities that occur under your account. We reserve the right to immediately terminate your account in our sole discretion and without prior notice to you, including, for example, if you violate any part of this Agreement or the EULA.
With respect to all communications you make available, provide or send to Vienna City, including but not limited to information, feedback, questions, comments, proposals, content, suggestions, submissions, hotel reviews, photographs, images, designs, music, videos, ideas, concepts, know-how, content, techniques and/or any other materials (“Communications”), and all Communications you post, display or upload on the Site, you grant (or warrant that the owner of such materials expressly granted) Vienna City a worldwide, nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right and license in our sole discretion to: (i) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, publicly display and perform and/or otherwise use or disclose to or share with others such Communications or incorporate such Communications into any form, forum, medium, or technology for any purpose whatsoever throughout the world in any media, now known or hereafter devised, including, without limitation, the development, production and marketing of products and services that incorporate such Communications; (ii) use the name that you submit in connection with such Communications; and/or provide attribution of your Communications (for example, by listing your name and hometown on a hotel review that you submit) at our sole discretion; and (iii) pursue at law any person or entity that violates your or our rights in the Communications by a breach of these Terms. You expressly waive any and all ‘moral rights’ (including rights of attribution or integrity) that may subsist in your Communications.
Subject to the foregoing, nothing in this Agreement shall be deemed to restrict any rights that you may have to use, modify and/or otherwise exploit your Communications.
Please do not send us any confidential messages, and please use Internet e-mail only to send us non-confidential messages. Do not include confidential personal or private information. Please do not use Internet e-mail to send us transaction instructions (including, for example, instructions that include credit card, wire transfer, routing, banking or other confidential information). Customers who choose to send Internet e-mail messages to Vienna City that contain confidential, private or personal information do so entirely at their own risk.
Vienna City reserves the right to make changes, corrections, cancellations and/or improvements to the Site and Content, and the products, services and programs described therein at any time without notice, including after confirmation of a transaction.
You hereby indemnify, defend and hold us and the hotels we and our affiliates manage and each of our respective owners, parents, partners, subsidiaries, affiliates, franchisees, officers, directors, agents, contractors, subcontractors, attorneys, guests, residents, visitors, licensees, invitees, permitees and employees (collectively, the “Indemnified Parties”) harmless from and against any and all allegations, demands, claims, liabilities, damages, fines, penalties, liens, actions, agreements, suits, causes of action, obligations, controversies, debts, expenses, judgments, orders and liabilities or costs of whatsoever nature (including attorneys’ fees), including without limitation, claims for wrongful death of or injury to any person, loss of or damage to any property, infringement or violation of any intellectual property or personal rights (including without limitation, copyright, patent, trade secret, trademark, service mark, domain name, artist, droit moral, privacy, and/or publicity related rights, or defamation) or violation of any other rights of any kind (hereinafter each a “Claim” and collectively, “Claims”) which arise out of, concern, pertain or relate in any way to: (i) this Agreement (including without limitation, a breach by you of this Agreement or the EULA); (ii) the Site, including but not limited to the Use of or inability to Use or access the Site or the Application or the functioning or non-functioning of the Site or Application; (iii) the Content; (iv) Third Party Sites; (v) the Communications; (vi) the Passwords; (vii) the IP; (viii) any act or omission by you, including without limitation, any transaction in which you engage on and/or in connection with the Site, the Application and/or any Third Party Sites; and/or (ix) the performance or failure to perform by the Indemnified Parties in connection with any transaction, or activity on or relating to the Site, the Application and/or any Third Party Sites (hereinafter subsections (i)-(ix) of this section are referred to as the “Claims List”).
By utilizing the Site, you, and (if applicable) each of your respective officers, employees, directors, shareholders, parents, subsidiaries, alter egos, affiliates, partners, agents, attorneys, accountants, heirs, executors, administrators, conservators, trustees, successors and assigns hereby fully and forever release and discharge the Indemnified Parties from any and all Claims, whether or not caused by or contributed to by the negligence of any of the Indemnified Parties, and whether now known or suspected, which existed or may have existed, or which do exist or which hereafter can, shall or may exist, based on any facts, events or omissions occurring from any time on or prior to the effective date of this Agreement and/or any modifications of this Agreement which provides:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
NOTWITHSTANDING SUCH PROVISION, this release shall constitute a full release in accordance with its terms. In connection with this release and such waiver and relinquishment, you acknowledge that you are aware that you may hereafter discover Claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true, with respect to the matters released herein. Nevertheless, it is your intention, through this Agreement, and with the advice of counsel, fully and finally settle and release all such matters, and all Claims relative thereto, which do now exist, may exist, or have existed between and among the parties hereto, including the Indemnified Parties. You hereby acknowledge that you have been advised by your legal counsel regarding – or after having had the opportunity to consult with counsel but having elected not to do so, understand and acknowledge the significance and consequence of – this release.
Your Use of the Site is at your own risk. The Site is provided “as is” and on an “as available” basis without representations or warranties of any kind, either express, implied or statutory. To the maximum extent permissible pursuant to applicable law, on behalf of the Indemnified Parties, we expressly disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, design, accuracy, capability, sufficiency, suitability, capacity, completeness, availability or compatibility, or arising from course of dealing or course of performance. We expressly exclude, and you hereby waive any liability on the part of the Indemnified Parties for any special, indirect, direct, incidental, consequential or punitive damages or any other damages whatsoever, including but not limited to loss of profits, data, income, revenue, business, contracts, savings or anticipated savings, goodwill or cost of cover, or wasted management, business, personal or office time, arising out of or relating to the Site, or the Content, and whether caused in whole or in part by negligence, acts of god, telecommunications failure, theft, destruction or any other reason.
In particular, and without limitation, we make no oral, written or any other representations, warranties or endorsements regarding the Content or the Site (including but not limited to the Use and/or operation of the Site), and disclaim any and all liability regarding the Content and the Site (including but not limited to the Use and/or operation of the Site).
If you are dissatisfied with the Site or any aspect thereof, or members or suppliers associated herewith, as the case may be, your sole and exclusive remedy shall be to discontinue use of the Site.
OUR LIABILITY AND/OR RESPONSIBILITY FOR PRODUCTS AND/OR SERVICES PROVIDED ON OR THROUGH THE SITE IS LIMITED TO DAMAGES ARISING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. YOUR REMEDY IS LIMITED TO REPLACEMENT OF SUCH PRODUCTS OR SERVICES. WITH RESPECT TO PRODUCTS OR SERVICES ON THE SITE FOR WHICH WE ARE NOT THE ACTUAL PROVIDERS OF SUCH PRODUCTS AND SERVICES, WE DISCLAIM ANY AND ALL LIABILITY RELATING TO THEM. SHOULD YOU HAVE ANY ISSUES WITH SUCH PRODUCTS AND SERVICES, YOU AGREE THAT YOUR SOLE RECOURSE IS WITH THE MERCHANT OR SERVICE PROVIDER WHO PROVIDED SUCH PRODUCTS AND SERVICES AND NOT WITH US.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE US AND YOU.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS.
You and we are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except to the extent that applicable law in your country of residence requires application of another law and/or jurisdiction and provides that such application of another law and/or jurisdiction cannot be waived or altered by contract, this Agreement shall be governed by and construed in accordance with the laws of the Ghana, without giving effect to any principles of conflicts of law. In any event, this Agreement will not be governed by the United Nations Convention on contracts for the international sale of goods.
Except as otherwise provided herein, if any provision of this Agreement is found by a court to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
No failure or delay on our part in exercising any right or remedy hereunder or enforcing the terms and conditions of this Agreement will operate as a waiver thereof. Except as expressly set forth herein, no waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall any waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by an authorized representative of the party making the waiver.
Except as expressly set forth in this Agreement, the exercise by either party of any remedies under the terms of this Agreement will be without prejudice to any other remedies available under the terms hereof or otherwise available.
You agree that you will execute and deliver to us, in recordable form, if necessary, such further documents, instruments or agreements, and shall take such further action, that may be necessary or appropriate to effectuate the purposes of this Agreement.
Any notices or other communications provided by us under this Agreement, including those regarding modifications of the Agreement, will be given: (i) via email; or (ii) by posting to the Site or the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
If you have any questions about this Agreement or the EULA, please contact us at
Vienna City Limited
5 Oshie Rd,
Accra – Ghana