TERMS OF USE

These Terms of Use were last updated on August 25, 2015.

Welcome to “theloden.com” (the “Website”), created and maintained by Wentworth Hotels Ltd. (doing business as The Loden Hotel) (“The Loden Hotel”). You are invited to access, browse and use this Website on the following terms and conditions (the “Terms of Use”).

Please read the following terms of use prior to accessing, using or browsing this website. By accessing, using or browsing this website in any way, you are agreeing to these terms of use without exception and you are forming a legally binding agreement between you and the loden hotel. You acknowledge that these terms of use will supersede and make unenforceable any prior agreements relating to this website between you and the loden hotel. If you do not agree to these terms of use, please do not use this website.

Visiting the Website

1. The Website, including any web pages, text, photographs, images, illustrations, graphics, sound, video, software, logos, graphics, icons and other data, elements, or information contained in the Website (the “Content”) is provided for general informational purposes only. For clarity, “Content” includes the selection, coordination and arrangement of data, elements or information on the Website. You may view and print out web pages from the Website for personal, informational and non-commercial use only. Except as expressly permitted by The Loden Hotel, you may not use the Website or the Content for any commercial purposes whatsoever.

2. The website is created and maintained within Canada and is directed to individuals in Canada. You must be greater than eighteen years of age to use this website. It is solely your responsibility to determine whether your use of this website is lawful, and you must comply with all laws applicable in your jurisdiction. The Loden Hotel does not represent that the website or the content are appropriate outside Canada.

Prohibited Use of the Website

3. You may not use the Website to engage in any unlawful activity or to infringe the rights of The Loden Hotel, its partners, affiliates, licensors, or related entities. You further agree that you will not and you will not allow your employees or agents to: (i) interfere with the operation of the Website in any way or interfere with anyone’s use or enjoyment of the Website, or use the Website to gain unauthorized access to any computer systems; (ii) transmit any unlawful, harassing, libelous, defamatory, abusive, threatening, or harmful material of any kind or nature or transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable local, provincial, state, national or international law or regulation; (iii) impersonate any person or entity on or through the Website; (iv) post any content that may be considered threatening, abusive, vulgar, obscene, or otherwise objectionable; or (v) copy, reproduce, republish, upload, post, transmit, distribute, modify, sell, lease, scrape Content from or aggregate, sublicense, market, or otherwise use, change or commercially exploit in any way the Website or any of the Content other than as may be expressly permitted in writing by The Loden Hotel (and only provided you do not modify it or alter or remove any marks, disclaimers or copyright or trade-mark notices) or as permitted pursuant to any fair use, fair dealing, or similar provisions of applicable laws. You agree to abide by all additional rules, policies and restrictions of which you are provided with notice that apply to the Website. The Loden Hotel neither warrants nor represents that the Content will not infringe the rights of third parties not owned or affiliated with The Loden Hotel.

Your Account

4. The Website contain some features and areas that require registration and creation of an account with a login name and password (collectively, your “Credentials”). You agree to provide only accurate and truthful information in creating or maintaining an account. You are responsible for maintaining the confidentiality of your Credentials and are fully responsible for all uses of your Credentials, whether by you or others. When you register and create an account, and each time you access your account, you agree to: (i) log out of your account at the end of each session; (ii) keep your Credentials confidential and not share them with anyone else; and (iii) immediately notify The Loden Hotel of any unauthorized use of your account or Credentials or any other breach of security. You authorize The Loden Hotel to act on instructions received through use of your Credentials. All accounts and Credentials remain the property of The Loden Hotel, and may be cancelled or suspended at any time by The Loden Hotel without any notice or liability to you or any other person. The Loden Hotel is not under any obligation to verify the actual identity or authority of the user of any Credentials.

Communicating With Us

5. The Loden Hotel appreciates hearing from you, however, in your communications with us, please keep in mind that any communication or material you transmit to or through any of our Websites by e-mail or otherwise, including any data, questions, comments, creative suggestions, ideas, concepts, products, photos, marketing or promotional plans or strategies, or the like, will immediately be deemed and shall remain the exclusive property of The Loden Hotel. You understand and acknowledge that The Loden Hotel has the resources which may have developed or may in the future develop ideas identical to or similar to your suggestions or comments and that The Loden Hotel is only willing to consider suggestions and ideas on the terms set forth herein. Any suggestion, idea, or comment is not submitted in confidence and The Loden Hotel assumes no obligation, express or implied, by considering it. Without limitation, The Loden Hotel shall exclusively own all now known or hereafter existing rights to the suggestions, ideas or comments of every kind and nature and The Loden Hotel shall be entitled to unrestricted use of the suggestions, ideas or comments for any purposes whatsoever, commercial or otherwise, including, but not limited to, reproduction, disclosure, transmission, publication, broadcasting or posting without any compensation to the provider of the suggestions, ideas or comments.

No Liability

6. THE

1. The Loden Hotel is not responsible for any direct, indirect, special, incidental, consequential, or punitive damages whatsoever and howsoever caused, arising out of or in connection with the use or misuse of the website or in reliance on the content, including without limitation any business interruption, loss of use, lost data, lost profits, or any other pecuniary loss, even if the Loden Hotel has been informed of the possibility of such damages or such damages are reasonably foreseeable. This limitation shall apply irrespective of the nature of the cause of action, demand or action, including but not limited to, breach of contract, negligence, tort or any other legal theory and survive a fundamental breach or breaches and/or failure of the essential purpose of the agreement, or any remedy contained herein.

Indemnity

7. You hereby agree to indemnify, defend and hold harmless The Loden Hotel and the shareholders, officers, directors, employees, consultants and agents of The Loden Hotel from any and all third party claims, liability, damages or costs they incur arising as a result of your misuse of the Website, your violation of these Terms of Use, or your infringement of any intellectual property or other right of The Loden Hotel or any other person or entity.

Disclaimer

8. Your access to, use of, and browsing in, this website is at your own risk. The Loden Hotel does not guarantee the quality, accuracy, completeness or timeliness of the information provided on the website. Information contained on the website may contain errors. Neither the Loden Hotel nor any other party involved in creating this website is liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your access to, browsing or use of, this website, including, without limitation, any damages to, or viruses that may infect your computer equipment or other equipment or other property due to your access to, use of, or browsing in, this website or your downloading of any content. Without limiting the foregoing, everything on this website is provided to you “as is” without warranty of any kind, either expressed or implied including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Personal Information

9. The Loden Hotel collects, uses and discloses your personal information in accordance with the Privacy Policy of The Loden Hotel (the “Privacy Policy”). The Privacy Policy is incorporated into these Terms of Use and is available at www.theloden.com/privacy-policy. By providing personal information to The Loden Hotel, you consent to the use of such information in accordance with the Privacy Policy.

Other Websites

10. The Loden Hotel has not reviewed all of the websites linked from or to this Website and is not responsible or liable for the contents of any off-site pages or any other websites linked from or to this Website. The existence of any link from or to such other websites does not imply endorsement by The Loden Hotel of such other sites. Your access to any other off-site pages or websites is at your own risk. No links are permitted to this Website without the prior written consent of The Loden Hotel. Further, because this Website may contain links to the websites of our subsidiaries and affiliates, and to websites that are owned and operated by third parties, it is important to understand that these other websites may have their own terms of use and privacy policies and are not governed by the Terms of Use and Privacy Policy governing this Website. We are not responsible for the privacy practices or the content of websites owned and operated by any third parties. Other websites may require different terms of use and collect and treat information collected differently, so we encourage you to carefully read and review the terms of use and privacy policy for each website you visit.

For clarity, and without limiting the foregoing, if you decide to make an online reservation with The Loden Hotel, you will be linked to a reservation interface and a third party booking engine that appears to be part of the Website, but is in fact owned and operated by Sabre GLBL Inc. (doing business as SynXis. The collection, use and disclose of the personal information you provide through the reservation interface and booking engine will be in accordance with Sabre GLBL Inc.’s privacy policy which is available at: http://www.sabre.com/index.php/about/privacy-policy

Monitoring Use of the Website

11. The Loden Hotel may monitor the use of the Website but The Loden Hotel is under no obligation to do so. You hereby waive any expectation of privacy in any information and activity resulting from or provided during your use of the Website. Your waiver of rights in all such monitoring does not apply to personal information handled by The Loden Hotel in accordance with the Privacy Policy of the Website.

Copyright, Trade-marks and other Intellectual Property Rights

12. Copyright: The Content is the exclusive property of The Loden Hotel or, as applicable, its suppliers, licensors and partners and is protected under the copyright laws of Canada and other countries. All rights are reserved. Any infringement of The Loden Hotel’s rights will result in appropriate legal action.

13. Trade-marks: The Loden Hotel’s trade-marks are valuable assets, and The Loden Hotel takes infringement of these trade-marks seriously. All names, marks, brands, titles, slogans, logos, icons, graphics, trade dress or trade names, designs, and other designations within the Website are registered and unregistered trade-marks of The Loden Hotel and other parties (“Trade-marks”) in Canada and other countries. Nothing contained on the Website should be construed as granting by implication, estoppel, or otherwise any license or right to use any Trade-mark displayed on the Website without the written permission of The Loden Hotel or the applicable Trade-mark owner. Misuse of any Trade-mark or the Content by you is strictly prohibited.

14. Other Rights: The Content and the Website are also protected by other Canadian and international intellectual and industrial property rights. These rights are valid and protected in all media currently existing or later developed, and all use of the Content and Website shall be in accordance with such rights and these Terms of Use.

Confidentiality

15. The Loden Hotel provides commercially reasonable security, administrative, physical and technological measures to protect this Website, however, you understand and acknowledge that certain risks are inherent in the transmission of information over the Internet. The privacy, integrity or authenticity of any communication over the Internet between you and The Loden Hotel cannot be ensured. The Loden Hotel is not responsible for any damages you may suffer, or liability you may incur, if you communicate confidential information over the internet or if The Loden Hotel communicates such information to you at your request.

Termination

16. The Loden Hotel, in its sole discretion, may terminate your right to use this Website or the Content at any time, for any reason, without any notice to you and without any liability to you or any other person. If you breach any provision of these Terms of Use, you may no longer access or use the Website or the Content. If The Loden Hotel terminates your right to use the Website, these Terms of Use will nevertheless continue to apply and be binding upon you in respect of your use of the Website prior to the termination of these Terms of Use, any of the Content obtained by you from the Website, and anything connected with, relating to or arising from those matters.

Governing Law

17. You agree that any disputes arising from your use of the website, or otherwise from these terms of use, shall be governed exclusively by the laws of the province of British Columbia and the federal laws of Canada applicable therein. You agree not to raise conflict of laws principles in an attempt to defeat the application of these laws and you expressly consent to the exclusive forum, jurisdiction and venue of the courts of British Columbia.

Waiver and Severability

18. The Loden Hotel’s failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or rights it may have under these Terms of Use.

19. If any provision of these Terms of Use is found to be invalid or unenforceable, then that provision will be enforced to the extent permissible, and all other provisions will remain in full force and effect.

Changes to these Terms of Use

20. The Loden Hotel may at any time, without notice, revise these Terms of Use, effective when posted, and change any aspect of the Website, without any liability to you. By continuing to use the Website, you agree to be bound by such revisions to these Terms of Use and agree to periodically revisit this page to review the current version of these Terms of Use, as modified from time to time.

PRIVACY

This Privacy Policy was last updated on August 25, 2015.

We know that your privacy is important to you, and we work hard to earn and keep your trust. Our goal is to provide you with an Internet experience that delivers the information, resources and services that are most relevant to you. To achieve this goal, part of the operation of our Website includes the gathering of certain types of information about visitors to our Website.

We have created this Policy to let you know what Personal Information we collect when you access, use or browse this Website, why we collect Personal Information, how we use and share the Personal Information we collect, whom Personal Information may be disclosed to and how we protect your privacy.

If you have any questions about this Policy or our privacy practices, please contact our Privacy Officer (see “Contact Us” below).

1. Definitions

The terms “The Loden Hotel,” “we,” “us,” and “our” refer to Wentworth Hotels Ltd. (doing business as The Loden Hotel

The term “Personal Information” has the same meaning as in Canadian privacy legislation. For clarity, Canadian privacy legislation defines “Personal Information” broadly as information about an “identifiable individual” or as information that allows an individual to be identified.

The term “Policy” refers to this privacy policy.

References to this “Website” refer to “theloden.com”, the website created and maintained by The Loden Hotel.

2. Your Consent

By submitting personal information to the loden hotel or its agents, you agree that we may collect, use and disclose such personal information in accordance with this privacy policy, the privacy preferences you have made known to us and as permitted or required by law. Subject to legal and contractual requirements, you may refuse or withdraw your consent to certain of the identified purposes described below at any time by contacting us as set out in the “contact us” section below. If you refuse or withdraw your consent, we may not be able to provide you, or continue to provide you, with certain services or information that may be of value to you.

3. Why We Collect Personal Information

We collect and use your Personal Information primarily for the purposes of confirming your reservations, facilitating the check-in process and providing you with other hotel accommodation related services. In addition, we may collect, use and disclose Personal Information for the following purposes:

(a)           to understand and respond to the inquiries, needs and preferences of our users and other individuals, including to communicate and to conduct research and surveys;

(b)           to administer contests and promotions, including to use winner names and selected other information for the purposes of contacting, announcing and promoting the winners of the contest;

(c)           with appropriate consent, to distribute newsletters, press releases, promotional information and other material to individuals, in any format or media, including via a third party service provider;

(d)           to develop, enhance, market, sell, provide and inform individuals of the products and services of The Loden Hotel’s affiliates and those of third parties with whom The Loden Hotel has a commercial relationship;

(e)           to detect and protect The Loden Hotel and other third parties against error, negligence, breach of contract, theft, fraud and other illegal activity, to comply with The Loden Hotel audit requirements, and to audit compliance with The Loden Hotel corporate policies, procedures, laws and contractual obligations;

(f)            as permitted by, and to comply with, any laws or regulations

4. Types of Personal Information We Collect

The types of Personal Information that we may collect from you from time to time include your name, address, telephone numbers, e-mail addresses, corporate affiliations and any other Personal Information you may provide to us from time to time. In this section, we provide you with additional information regarding the types of Personal Information we collect.

Information You Volunteer. The Loden Hotel collects the Personal Information you and others knowingly and voluntarily provide when you use this Website. For example, we collect the Personal Information you provide when you register for an account, make a reservation, subscribe to one of our newsletters, complete our guest satisfaction survey, or contact us with questions.

Information Sent to Us by Your Web Browser. We collect information that is sent to us automatically by your web browser. This information typically includes your IP address, the identity of your Internet service provider, the name and version of your operating system, the name and version of your browser, the date and time of your visit, and the pages you visit. Please check your web browser if you want to learn what information your browser sends or how to change your settings. Generally, we do not link the information provided by your browser to your Personal Information.

Other Information from your IP Addresses. An “IP address” is a unique number that is automatically assigned to your computer when you connect to the Internet. It is used to identify your computer’s “location” in cyberspace, so that the information you request can be delivered to you. If you use a connection that assigns dynamic IP addresses, your computer will be assigned a new IP address each time you connect to the Internet. If, however, your computer is permanently connected to the Internet using a static IP address, the IP address assigned to your computer will generally be the same each time you use your computer.

If you have registered with this Website, we may link your IP address to account information that identifies you personally. We may also provide your IP address to our third party service provider who can process that information to identify certain location information, such as your postal code. This gives us valuable demographic information about the individuals who use this Website. In addition, if, we suspect fraud or a threat to the security of this Website, we may share our server logs (which contain users’ IP addresses) with the appropriate investigative authorities, who could use that information to trace and identify individuals.

Cookies and Similar Technologies. We use “cookies” and other Web technologies to collect information and support certain features of this Website. For example, we may use these technologies to:

  • collect information about the ways visitors use this Website (which pages they visit, which links they use and how long they stay on each page);
  • support the features and functionality of this Website (for example, to save you the trouble of reentering information already in our database or to prompt the settings you established on previous visits); and
  • personalize your experience when you use this Website.

Generally, the information we collect using these technologies does not identify you personally. If, however, you have created an account, for example, by registering with this Website, we may link the information we collect using these Web technologies to other information that identifies you personally.

In addition to the cookies The Loden Hotel delivers to your computer, our partners may use cookies. For example, our partners may deliver cookies through this Website or via e-mail that allow them to recognize you in future Web sessions as someone who has expressed an interest in this Website or in our products or services. Likewise, links in e-mails sent to you by our partners may be designed so that we can identify recipients who click on them and/or measure the effectiveness of the e-mail campaign. Cookies delivered by our partners do not identify you personally. They are used to help the Websites you visit understand your interests and to customize the content presented to you. The expiration durations of cookies delivered by our partners vary and are set by our partners.

Generally, if you do not wish to receive cookies, you may set your browser to reject cookies or to alert you when a cookie is placed on your computer. Please note, however, that your browser cannot screen out cookies that are sent by e-mail.

Although you are not required to accept cookies when you visit this Website, you may be unable to use all of the functionality of this Website if your browser rejects our cookies.

5. Your Choices

In General. We respect your right to make choices about the ways we collect, use and disclose your Personal Information. In many cases, we will ask you to indicate your choices at the time we collect your Personal Information. For example, if you register with this Website, we request your express consent to receiving certain communications from us. In addition, if you consent to receiving e-mail messages from us we will include an “unsubscribe” link and “unsubscribe” e-mail address in each electronic newsletter or promotional e-mail we send you, so that you can inform us if you do not wish to receive such communications from us in the future. Alternatively, if at any time you wish to be taken off our mailing lists, please contact us at privacyofficer@theloden.com.

6. How to Access, Update or Correct Your Personal Information

Upon written request, subject to certain exceptions, The Loden Hotel will inform you of the existence, use and disclosure of your personal information and will give you access to that information. We keep your information for the time we are providing you with a service, and for a reasonable time thereafter in the event that you wish to resume service. Access requests should be sent to our Privacy Officer using the contact information in the “Contact Us” section below.

7. Where Is Your Personal Information Stored?

Your Personal Information is stored in secured locations and on servers controlled by The Loden Hotel located either at The Loden Hotel’s offices or at the offices of our service providers. The Loden Hotel and its third party service providers may process or store your Personal Information outside of Canada, including in the United States. In accordance with applicable laws, in certain circumstances your personal information may be accessible by foreign law enforcement, regulatory bodies or other authorities. 

8. Steps We Take to Safeguard your Personal Information

We provide commercially reasonable security, administrative, physical and technological measures to protect the confidentiality and security of Personal Information you submit on or through this Website. For example, only authorized employees and suppliers have access to your Personal Information. Where Personal Information is sent to a third party for processing, we make sure, through our contracts with them, that such service providers may only use the information for the limited purposes for which it was disclosed and are required to keep the information secure. Moreover, we operate secure data networks protected by industry standard firewall and password protection systems.

9. Who We Share Your Personal Information With

Third–Party Vendors. The Loden Hotel shares Personal Information collected through this Website with third party service providers who act for or on behalf of The Loden Hotel. For example, we use third party service providers to provide a secure online reservation interface; to design and operate this Website; to conduct surveys; and to help us with our promotional efforts. These third party service providers may need information about you to perform their functions.

Business Transfers. Your Personal Information may be transferred to a successor organization if, for example, we transfer the ownership or operation of this Website to another organization or if we merge with another organization (including as part of the due diligence process). The successor organization’s use of your Personal Information will still be subject to this Policy and the privacy preferences you have expressed to us.

Compliance with Laws and Protection of Our Rights and the Rights of Others. We may disclose your Personal Information when we, in good faith, believe disclosure is appropriate to comply with the law, a court order or a subpoena. We may also disclose your Personal Information to prevent or investigate a possible crime, such as fraud or identity theft; to protect the security of this Website; to enforce or apply our Terms of Use or other agreements; or to protect our own rights or property or the rights, property or safety of our users or others.

As Described in a Privacy Notice. We may disclose your Personal Information as described in any privacy notice posted on a page of this Website where you provide that information and you consent to the disclosure of your Personal Information as described in that privacy notice.

10. Children Under the Age of Eighteen

We strive to ensure that this Website does not collect information from any children under the age of eighteen years. If you believe that a child has submitted Personal Information on or through this Website without the consent and supervision of a parent or guardian, please contact us as at reservations@theloden.com.

11. Links to Other Sites

This Website may contain links to Websites operated by other organizations, including websites operated by our third party service providers and other third parties. For example, if you click on an advertisement on this Website, you may be taken to a website that we do not control.

This Policy does not apply to Personal Information collected on any of these third party websites. When you access third party Websites through a link on this Website, please review the terms of use and privacy policy posted on that site.

12. This Policy May Change

This Policy describes The Loden Hotel’s current policies and practices with regard to the Personal Information we collect through this Website. We are continually improving and adding to the features and functionality of this Website and the services we offer through this Website. As a result of these changes (or changes in the law), we may need to update or revise this Policy. Accordingly, whenever this Policy is changed, we will alert you by posting a notice on our home page for sixty days. We will also update the “last updated” date at the top of this page. If more than sixty days goes by between your visits to this Website, be sure you check the last updated date to see if this Policy has been revised since your last visit. Your continued use of this Website after we have posted the revised Policy constitutes your agreement to be bound by the revised Policy. However, we will honor the terms that were in effect when we gathered data from you.

You may access the current version of this Policy at any time by clicking the link marked “Privacy Policy” at the bottom of each page of this Website.

13. Contact Us

The Loden Hotel has appointed a Privacy Officer to oversee compliance with this Privacy Policy and applicable privacy laws. For information on The Loden Hotel’s privacy practices, please contact The Loden Hotel Privacy Officer at:

privacyofficer@theloden.com
1 877 225 6336