Legal notice
DESIGN et Maintenance
Le Site est réalisé par la société D-Edge, 64-66 rue des Archives, 75003 Paris ;
Numéro de téléphone : +33 (0)1 76 44 04 35 ;
Site officiel : D-EDGE
HÉBERGEMENT
WPEngine, Inc., Irongate House, 22-30 Duke’s Place, London, EC3A 7LP, United Kingdom, Phone: 08 00 50 53 049
Disclaimer (Liability Exclusion Clause)
Memling (“we”, “our” or “the Hotel”) provides the information on the
website www.memling.net (the “Site”) solely for informational purposes.
Your use of the Site is governed by this Disclaimer and our Privacy Policy. Any room
reservation made with our establishment is further subject to our General Sales Terms and
Conditions (GTC) and to the contractual terms of our hotelmanagementsystem
provider, Opera.
By accessing all or part of the Site and/or by transmitting information to us through it, you
hereby unconditionally accept the provisions of this Disclaimer and of our Privacy Policy. You
expressly consent to the processing of your personal data collected via the Site in
accordance with our Privacy Policy, in compliance with the applicable legislation in
the Democratic Republic of the Congo and with international dataprotection standards.
For any question regarding these contractual documents, please contact us
at: [email protected].
Prohibited Illegal or Unauthorized Use
You undertake not to use the website for illegal or purposes prohibited by this Disclaimer. It
is strictly forbidden to use the Site in a way that damages, disables, overloads, deteriorates
or interferes with its use and enjoyment by third parties. It is prohibited to obtain or attempt to
obtain material or information by any means not intentionally made available or provided
through the Site. Any fraudulent use is punishable under the Digital Code of the DRC.
Links to ThirdParty Websites
Links to thirdparty websites are provided for your information and convenience only. We
neither approve, control, nor assume responsibility for the content or materials available on
these sites, nor for any results obtained from their use. Access to thirdparty sites is made
entirely at your own risk.
We disclaim any responsibility for the processing of your personal data by thirdparty sites
accessible via our platform. Before transmitting any information, you must carefully review
the privacy policy of each such site, in particular the policies of our remotesecurepayment
platform, our banking partners (Mastercard, Visa, bank transfer) and our reservation
provider Opera.
Representations, Warranties and Limitation of Liability
The website is created and maintained by us with the greatest diligence. However, we
cannot guarantee the permanent accuracy, precision, or completeness of the information
displayed. You accept that this information – including that relating to services offered and to
prices – may be modified, updated, or deleted without prior notice.
To the fullest extent permitted by applicable law (including the law of the Democratic
Republic of the Congo), Memling disclaims all contractual and noncontractual
liability for any direct or indirect, material or immaterial damage (including, without limitation,
loss of profits, loss of opportunity, loss of data, costs and fines) arising from, or in any way
related to:
the use or inability to use the website, including its unavailability or technical
functioning;
the content of the website;
the presence of viruses, hacking or other cybercrimes; or
the content of thirdparty websites accessible via hyperlinks on the Site.
You undertake to indemnify, defend, and hold Memling harmless against any claim, damage,
cost or expense arising from your breach of the provisions of this Disclaimer.
Nothing in this Disclaimer excludes Memling’s liability in cases of fraud or gross
negligence.
Intellectual Property
All content available on this website, including (without limitation) texts, graphics, logos,
buttons, icons, images, videos, sound recordings, data compilations and software (the
“Content”) is the exclusive property of Memling or its partners, and is protected by national
laws in the DRC and by international conventions on copyright, trademarks and intellectual
property.
Any reproduction, representation, modification, publication or adaptation of all or part of the
Content, regardless of the means or methods used, is prohibited without the prior written
authorization of Memling, except for strictly personal use (such as booking or
informationseeking).
Nothing in this clause may be interpreted as conferring on you a license or right of use over
the trademarks or service marks appearing on the Site, whether registered or not. Any
violation is punishable by legal proceedings.
Other Provisions (Savings Clause)
If any provision of this Legal Notice (“Disclaimer”) is held to be illegal, null, or unenforceable
for any reason, that provision shall be regarded as severable from the rest of the text and
shall not affect the validity and enforceability of the remaining provisions.
We reserve the right to modify this Disclaimer at any time. Amendments shall become
effective thirty (30) days after their publication on the website. Your continued use of the Site
after that period shall be deemed tacit acceptance of the modifications. You are responsible
for consulting this page regularly to become aware of any change.
Governing Law and Jurisdiction
This website, its content and its terms of use are governed by the law of the Democratic
Republic of the Congo. Any dispute regarding the interpretation, execution, or validity of
these terms shall fall under the exclusive jurisdiction of the Courts of First Instance in
Kinshasa/Gombe, without prejudice to the plurality of defendants or thirdparty guarantees.
Privacy Policy
Memling (“we”, “our”) provides the information on the website www.memling.net (the
“Website”) solely for general information purposes.
Your use of the Website is governed by this Privacy Policy and our Disclaimer. Any room
reservation made by you will further be subject to our General Terms, as well as to the
conditions of our reservation operator Opera.
By accessing the Website and/or by transmitting information to us, you expressly accept the
terms set out in our Legal Notice and in this Privacy Policy. You agree that your personal
data shall be collected and processed in accordance with this Policy, in compliance with the
applicable legislation in the Democratic Republic of the Congo, in particular:
OrdinanceLaw No. 23/010 of 13 March 2023 on the Digital Code;
Law No. 20/017 of 25 November 2020 on telecommunications and ICT.
We also commit to processing your data in line with international dataprotection standards,
thereby ensuring security, transparency, and the exercise of your rights of access and
rectification.
For any question about these documents, please contact us at: [email protected].
1. General
We place paramount importance on protecting your privacy and commit to respecting
applicable dataprotection laws, including:
OrdinanceLaw No. 23/010 of 13 March 2023 (Digital Code);
Law No. 20/017 of 25 November 2020 (telecommunications and ICT);
the General Data Protection Regulation (GDPR 2016/679) where relevant.
2. Processing of Personal Data
We collect your personal data only for the specific purposes defined below. Your data are
processed to ensure the proper functioning of our website, to personalize its content and
structure according to your interests, to guarantee security, prevent fraud, improve our
programs and services, and to better market our offers.
2.1 Use of the Website
When using the website, we may collect navigation data (pages visited, date/time, browser,
IP address), referred to as “Page Statistics”.
Purpose: These statistics are used exclusively to produce anonymous traffic reports,
including the geographical origin of visitors.
Technical assistance: In case of malfunction, we may analyze these data at your explicit
request, in accordance with consent and transparency requirements.
Cookies: The site uses sessiononly cookies for navigation purposes. These cookies,
which are deleted when you close your browser, store a minimal amount of data for a strictly
limited time, ensuring compliant data processing.
2.2 Contacting Us and Data Protection
When you contact us (mail, email, telephone, fax, web form) or make a reservation, we
collect your personal data (contact details, identity). These data are processed to assist you,
follow up your file, and contact you later, in accordance with Law No. 20/017 of 25
November 2020 on telecommunications and ICT in the DRC.
Your data may be used to send our newsletter and inform you about our products and
services. However, electronic marketing (email) requires your prior explicit consent
(optin).
You may at any time withdraw your consent or object to the use of your data by sending a
request to [email protected]. You have the right of access, rectification, erasure, and data
portability.
2.3 Reservations and Payments
All reservations made via our website are processed by our technical partner Opera. The
personal data you provide to complete the reservation are treated by Opera. If confirmed,
Opera sends us a reservation confirmation, stored on our secure servers for administrative
management, reservation tracking, and service provision during your stay.
Payments by credit card are processed via Electronic Payment Terminals
(EPT) of EQUITY BCDC and RAWBANK, and online via RAWBANK’s secure platform. After
the transaction, the provider transmits to us only the amount, the unique transaction ID, and
the date and time of the operation. This information is kept on our platform for accounting
purposes. In line with international security standards, we do not have access to your
sensitive payment data (card number, CVV, expiry date), which are encrypted and
confidentially processed by our banking partners.
You are advised to review the privacy policies of Opera and RAWBANK before making
any online reservation or transaction.
3. Data Security
In line with current Congolese legislation and international standards, we implement
appropriate technical and organizational measures to ensure a security level commensurate
with the risk. These measures aim to protect your personal data against destruction, loss,
alteration, as well as against any unauthorized access or disclosure.
Your data are hosted on secure professional infrastructures, benefiting from critical security
updates and regular backups. To guarantee confidentiality in communications, we use
encryption protocols consistent with stateoftheart standards (such as TLS/SSL).
However, despite our commitment and rigorous protocols, data transmission over the
internet carries inherent risks. In case of a data breach likely to create a high risk to your
rights and freedoms, we undertake to inform you as soon as possible, in accordance with
legal requirements.
4. Transfer of Personal Data
Your personal data may be transferred to group companies, our membersbonus programs,
and membertravel organizations. These transfers are strictly limited to managing our
services. Your data will in no case be disclosed to unauthorized third parties.
We reserve the right to retain your data outside the EU, provided that the required level of
protection under applicable regulations is respected.
5. Retention Period
We keep your personal data only for the period strictly necessary for the purposes of
processing, notably the performance of our services or compliance with legal obligations.
Statistical information derived from website use may be published periodically after
anonymization. Your contact details are kept until you exercise your right to deletion.
6. Your Rights and Access to Personal Data
In accordance with Law No. 20/017 of 25 November 2020 and international dataprotection
standards, you have the right of access, rectification, objection, and erasure concerning data
relating to you. You also have the right to limit processing and to data portability.
To exercise these rights, please contact us at: [email protected].
As the datacontroller, we remain your single point of contact. If your request concerns data
processed by our subcontractors (notably RAWBANK or Opera), we will coordinate with
them to ensure effective exercise of your rights.
7. Modifications and Updates
We reserve the right to modify this Privacy Policy to ensure its compliance with current
legislation. In case of substantial changes (regarding the purposes of processing, the identity
of the controller, or the exercise of your rights), we will inform you via a notice on our website
or by any other direct communication.
These modifications will become effective thirty (30) days after publication. Continued use of
the website after that deadline will be deemed acceptance of the new terms, without
affecting your right to withdraw your consent at any time for any processing based on
consent.
General Conditions of Reservation and Accommodation (T&Cs)
1. General Provisions
These general conditions (the “Conditions”) govern by default all contractual relations
between Hotel Memling (the “Hotel”) and any natural or legal person (the “Guest”). They
apply to all reservations, whether made directly, via the Hotel’s official
website www.memling.net, or via any other distribution channel. Any reservation implies
the Guest’s full and unconditional acceptance of these Conditions.
2. Availability and Allocation
Room offers are subject to availability at the time of contract conclusion. The Hotel reserves
the right to refuse any reservation according to its capacity or for any legitimate reason. In
line with hotel practice, reservation guarantee is only effective after actual receipt of
payment or deposit, as defined at the time of booking.
3. Online Booking Procedures
3.1 Guest Identification
When booking via the website, the Guest must provide accurate, truthful, and complete
information, including a valid email address. The Hotel disclaims any responsibility for any
failure or improper performance of services resulting from incorrect or incomplete information
provided by the Guest.
3.2 Booking Confirmation
The contract is deemed concluded once the Hotel issues an automatic
bookingconfirmation email, subject to prior validation of the electronic payment. This
confirmation email constitutes proof of the transaction and must be presented by the Guest
at checkin. If no such confirmation is received, the reservation cannot be considered firm
and final.
4. Day Use / Daytime Accommodation
Dayuse accommodation (“day use”) is subject to availability and may only be booked
between 09h00 and 16h00. Such reservations cannot be confirmed more than 24 hours
before the arrival date. Staying in the room after 16h00 automatically triggers an additional
night’s charge at the current rate.
5. CheckIn / CheckOut
At checkin, the Guest must present a valid identity document (passport, national ID card, or
voter card). Rooms are available from 14h00. Early checkin before 14h00 requires the
Hotel’s prior written agreement and triggers a charge for the preceding night.
Checkout must be completed by 11h00 on the departure day. Late checkout permitted
between 11h00 and 16h00 will be charged according to the posted rate. Departure
after 16h00 will incur one additional night’s charge.
6. Modification and Cancellation
Any cancellation must be notified in writing at least 24 hours before the scheduled
arrival date (i.e., before 14h00 the previous day). After this deadline, or in case of noshow,
the first night will be charged as compensation and the remainder of the stay will be
cancelled, unless otherwise agreed.
7. Prices and Payment Terms
7.1 Pricing
Prices are stated per room and per night, based on the number of occupants, room category,
and dates of stay. The total price VATinclusive (all taxes included) encompasses all
applicable taxes, fees, and parafiscal charges on hotel services, including Value Added Tax
(VAT).
7.2 Items Excluded from the Base Rate
Room prices do not include supplements (in particular, singleoccupancy, category changes),
nor additional services. Extra charges apply for onsite consumption, including (without
limitation): minibar use, safedeposit box, telephone calls, room service, meals (except
specific packages), travel insurance, laundry, bar and restaurant consumption.
7.3 Payment Policy
The Hotel does not grant credit, except under a prior written agreement. All expenses
incurred during the stay must be paid immediately.
In line with the Hotel’s policy and practice, the Hotel reserves the right to request payment
of interim invoices at reception as soon as the cumulative amount reaches the equivalent
of 150 USD in Congolese francs (CDF), calculated at the day’s exchange rate, in
accordance with Central Bank of Congo regulations.
8. Payment and Cancellation Terms
The full amount of the stay (reserved nights) must be paid within three (3) days after
booking confirmation.
Any request for deviation from the payment terms must be made in writing (mail or email) to
the Hotel, which reserves the right to accept or refuse the request. If no written derogation is
granted, the Hotel may cancel any reservation whose payment has not been received
within the specified time.
Accepted payment methods are: cash (within legal limits), bank transfer, and credit card.
Personal cheques are not accepted.
For information on deposits and advance payments, the Guest may contact the reservation
office: phone +243 (0) 81 700 11 11, fax +243 (0) 81 301 33 33, or [email protected].
Bank details will be provided upon request.
9. Reservations by Companies or Organizations with a Special Agreement
In relations between the Hotel and companies or organizations that have entered into a
specific partnership agreement, any reservation request (by phone, mail, or email) must be
formally confirmed by a purchase order, subject to the existence of approved credit
facilities.
If no credit agreement exists, the payment terms in Article 8 apply. Failure to regularize
payment within three (3) working days after the request leads to automatic cancellation of
the reservation, and the Hotel may rerelease the prereserved rooms.
Credit facilities are granted only if all arrears are paid within thirty (30) days after receipt of
the invoice. If this deadline is not met, the Hotel may require full prepayment for all future
bookings.
The Hotel reserves the right to cancel, without notice or compensation, any reservation if the
conditions of this Article 9 are not strictly respected.
10. Hotel Liability
The Hotel is fully liable for damage resulting from fraud, gross negligence, or that of its
employees or agents, or from any failure to perform a material obligation under the
contract. This liability also covers death or bodily injury to the Guest arising from acts or
omissions attributable to the Hotel, under the rules of the Congolese Civil Code (Book III –
civil liability).
As bailee, the Hotel is liable for deterioration, destruction, or loss of items brought to the
establishment by the Guest. This liability is however limited, except in cases of proven fault
of the Hotel or its employees, in line with international practice and Law No. 18018 on
fundamental tourism principles. The Hotel is exempt if the damage is due to:
the Guest, accompanying persons, visitors, or persons in their service;
force majeure or armed robbery (unforeseeable and irresistible);
the nature or inherent defect of the item.
Hotel liability for other material damage not covered above is limited to the total amount
paid by the Guest for the reservation, except where overriding publicorder rules apply.
The Hotel disclaims liability for damage, loss, or theft of vehicles parked on its premises or
their contents, as well as for services provided by thirdparty providers, even if recommended
or arranged by the Hotel. Claims for compensation will be forfeited if the Guest does not
notify the Hotel’s management without undue delay after discovering the damage or loss.
11. Guest Liability
The Guest is liable for any damage caused by their acts, omissions, negligence, or
imprudence, under Articles 258 and 259 of the Congolese Civil Code (Book III). If damage
is discovered after the Guest’s departure, the Hotel may charge the repair costs to the
Guest’s credit or debit card or send an invoice, without prejudice to any judicial action.
12. Force Majeure
The Hotel is released from its obligations and owes no compensation if nonperformance is
due to force majeure. “Force majeure” refers to any unforeseeable, irresistible, and external
event (under Congolese caselaw), such as natural or nuclear disasters, epidemics, armed
conflicts, terrorism, general strikes, or unforeseeable administrative decisions making
performance of the contract impossible.
13. Personal Data
In accordance with Law No. 23/010 of 13 March 2023 (Digital Code), the Guest is informed
that their data are processed by the Hotel. For information on exercising rights of access,
rectification, or objection, the Guest is invited to consult the Hotel’s Privacy Policy, which
forms an integral part of these Conditions.
14. Governing Law and Jurisdiction
These General Conditions are governed by Congolese law (DRC). Any dispute relating to
their interpretation, execution, or validity falls under the exclusive jurisdiction of the
Commercial Courts or Courts of First Instance in [City, e.g., Kinshasa/Gombe], without
prejudice to the plurality of defendants or thirdparty guarantees.
Privacy and PersonalData Protection Policy
Hotel Memling (hereinafter “we”, “our” or “the Hotel”) makes available the information on the
internet site www.memling.net (the “Site”) solely for informational purposes.
Your use of the Site is governed by this Privacy Policy and by our Disclaimer. Any room
reservation made with our establishment is further subject to our General Sales Terms and
Conditions (GTC) and to the contractual terms of our reservationservices provider Opera.
By accessing all or part of the Site and/or by transmitting information to us via it, you hereby
acknowledge that you have read and unconditionally accepted the terms of our Disclaimer
and this Privacy Policy. You expressly consent to the processing of your personal data
collected via the Site, in accordance with the purposes and methods described below.
For any question about these documents, please contact us at: [email protected].
1. General Provisions
Concerned by the protection of your privacy, we commit to processing your data in strict
compliance with applicable legislation. This Policy is drawn up in accordance with:
Law No. 20/017 of 17 November 2020 on telecommunications and information and
communication technologies in the Democratic Republic of the Congo, which
governs personaldata protection.
2. Collection and Purposes of Data Processing
We collect and process your personal data only for the purposes defined below. In addition
to managing the requested services, this data may also be used to ensure the technical
operation of the Site, personalize the user interface according to your preferences,
guarantee system security, prevent fraud, perform statistical studies, and optimize our
promotional offers.
2.1 Website Navigation
When you browse the Site, we may collect data related to your connection and navigation,
including: pages viewed, date and time of access, browser type, and your IP address (the
“Navigation Data”).
These Navigation Data are processed primarily to produce aggregate and anonymous
statistics, notably to analyze the geographical origin of traffic. In case of technical incident
and upon your explicit request, we may analyze these data to provide assistance. Unless
you request assistance, no individuallevel analysis of Navigation Data is performed.
The Site uses cookies to enable technical session identification. In line with
dataminimization and retentionlimitation principles, we use only session cookies. These are
temporary and are automatically deleted when you close your browser, storing only a limited
amount of data for the strictly necessary duration of the session.
2.2 Contact Methods and Data Collection
When you contact us by post, email (website form), telephone, or fax, or when you make a
reservation, you consent to the collection of your personal data. This information is
processed to follow up your requests and manage the customer relationship.
Subject to your prior explicit consent (“optin” system), we may use this data to send our
newsletter and offers relating to our products and services.
In accordance with current law, you have a permanent right to object. You may withdraw
your consent or request the cessation of any commercial prospecting by postal mail or email
to: [email protected].
2.3 Reservations and Payments
All reservations made via our website are processed by our technical partner Opera. The
personal data you provide to finalize the reservation are treated by Opera. If confirmed,
Opera communicates a reservation confirmation to us, which is stored on our secure servers
for administrative management, reservation tracking, and service delivery during your stay.
Payments by credit card are processed via Electronic Payment Terminals
(EPT) of EQUITY BCDC and RAWBANK, and online via RAWBANK’s secure platform. After
the transaction, the provider transmits to us only the amount, the unique transaction ID, and
the date and time of the operation. This information is kept on our platform for accounting
purposes. In line with international security standards, we do not have access to your
sensitive payment data (card number, CVV, expiry date), which are encrypted and
confidentially processed by our banking partners.
You are advised to review the privacy policies of Opera and RAWBANK before making
any reservation or online transaction.
3. Data Security
We implement appropriate technical and organizational measures to ensure a security level
commensurate with the risk, in accordance with current law in the DRC. These measures
aim to protect your personal data against destruction, loss, alteration, unauthorized access,
or any other unlawful processing.
Data are stored on secure infrastructures, regularly updated and backed up by professional
providers. However, given the nature of the internet, we cannot guarantee absolute security
against sophisticated and targeted cyberattacks.
4. Transfer of Personal Data
Your personal data may be communicated to our affiliated companies, loyaltyprogram
partners, or travel providers, strictly for the purposes set out in this Policy.
We reserve the right to transfer your data to servers located outside the Democratic
Republic of the Congo or the European Union. In such a case, we ensure that the
recipient country offers an adequate level of protection or that the transfer is governed by
binding legal safeguards (such as standard contractual clauses), in line with international
requirements.
5. Retention Duration
We retain your personal data only for the period necessary to achieve the purposes for
which they were collected, or to comply with our legal obligations.
6. Rights of Data Subjects
In accordance with Law No. 23/033 of 3 March 2023 on the protection of personal data in
the Democratic Republic of the Congo and international standards, you have the following
rights:
Right of access and rectification: you may view your data and request correction
of inaccurate or incomplete information.
Right to erasure (“right to be forgotten”): you may request deletion of your data,
within legal limits.
Right to object and to limitation: you may object to processing or request its
restriction.
Right to data portability: you may retrieve your data in a structured format.
To exercise these rights or for any question, please contact us at: [email protected].
Separate responsibilities: For treatments carried out autonomously by our partners
(notably financial institutions EQUITY BCDC, RAWBANK, or the software publisher Opera),
these entities act as independent data controllers. Requests concerning their services must
be addressed directly to them, in accordance with their own privacy policies.
7. Changes to Privacy Policies
We reserve the right to modify this Privacy Policy at any time to ensure compliance with
positive law. Updates will be published on our website, and you are responsible for
consulting it regularly. Modifications shall take effect thirty (30) calendar days after
publication. Continued use of the website after this period will be deemed tacit and
unconditional acceptance of the new conditions.