account General terms and conditions – B&B HOTELS Club loyalty program in Switzerland
Last updated : 20/02/2024
1. Recitals
1. The purpose of these general terms and conditions (hereinafter the “General Terms and Conditions”) is to govern the rights and obligations of members of the B&B HOTELS club loyalty program (hereinafter the “members”), and the following B&B HOTELS Group companies, it being specified that for members domiciled in Switzerland, this contract is entered into with the company B&B HOTELS SWITZERLAND GMBH:
- B&B HOTELS, a French simplified limited company (société par actions simplifiée), having its registered offices at 271 rue du Général Paulet, 29200, Brest (France), registered in the Trade and Companies Register of Brest under the number 378 047 500
- B&B DREAMLAND HOTEL, a French simplified limited company having its registered offices at 271 rue du Général Paulet, 29200, Brest (France), registered in the Trade and Companies Register of Brest under the number 808 416 960
- TANDEM SAS, a French simplified limited company having its registered offices at 9 boulevard Romain Rolland 75014 Paris (France), registered in the Trade and Companies Register of Paris under the number 908 119 746
- B&B TAKEOVER, a French simplified limited company having its registered offices at 271 rue du Général Paulet, 29200, Brest (France), registered in the Trade and Companies Register of Brest under the number 904 728 649
- CBBHP – HOTELS IN PORTUGAL, S.A., a Portuguese corporation having its registered offices at Rua Vasco da Gama 5, parish of Moscavide and Portela, municipality of Loures 2685-244 Loures (Portugal), registered in the Trade Register of Lisbon under the number 514 820 705
- W.E. I ALICANTE, SOCIEDAD LIMITADA, a Spanish limited company having its registered offices at Calle Luis Pasteur S/N, San Sebastián de los Reyes (28703), Madrid (B&B Hotel Madrid Aeropuerto T4) (Spain), registered in the trade register of Madrid under the number B84679935 (Hoja M-404571, Tomo 36216, Folio 209)
- WE I VALENCIA SAN LUIS HOTEL, SOCIEDAD LIMITADA, a Spanish limited company having its registered offices at Calle Luis Pasteur S/N, San Sebastián of los Reyes (28703), Madrid (B&B Hotel Madrid Aeropuerto T4) (Spain), registered in the trade register of Madrid under the number B84680024 (Hoja M-404570, Tomo 37280, Folio 209)
- B&B HOSPITALITY ESPAÑA, S.L., a Spanish limited company having its registered offices at Calle Luis Pasteur S/N, San Sebastián of los Reyes (28703), Madrid (B&B Hotel Madrid Aeropuerto T4) (Spain), registered in the trade register of Madrid under the number B66209693 (Hoja M-684467, Tomo 38485, Folio 105)
- B&B HOTELS GERMANY GMBH, a German limited liability company having its registered offices at Altkönigstraße 10, 65239 Hochheim am Main (Germany), registered in the trade register of the lower court of Wiesbaden under the number HRB 31371
- B&B HOTELS ITALIA S.P.A, an Italian limited company having its registered offices at Via Domenichino, 19 - 20149 Milano (Italy), registered with the chamber of commerce of Milan under the number 6291950969
- B&B HOTELS SWITZERLAND GMBH, a Swiss limited liability company having its registered offices at Cours des Bastions 5, 1205 Geneva (Switzerland) c/o Olivier Brunisholz, attorney, registered with the Geneva trade register under the number CHE-422.607.448
- B&B HOTELS BELGIUM, a Belgian limited liability company having its registered offices at Place Marcel Broodthaers 8 (REGUS Brussels South Station – South Center Titanium), 1060 Saint-Gilles (Belgium), registered in the business register (Banque-Carrefour des entreprises - BCE) under the number 0693.764.388 (Telephone: +32 2 892 39 00 – E-mail address: bel-info@hotelbb.com – IBAN: BE57001833594535)
- B&B HOTELS HUNGARY KFT., a Hungarian limited company having its registered offices at Fiastyúk utca 4-8 2. em., Budapest 1139 (Hungary), registered in the companies register under the number 01-09-333861,
- B&B HOTELS LJUBLJANA, TURIZEM IN HOTELIRSTVO, D.O.O., a Slovenian limited company having its registered offices at Tabor 9, 1000 Ljubljana (Slovenia), registered in the Slovenian trade register under the number 8292965000,
- B&B HOTELS AUSTRIA GMBH, an Austrian limited liability company, having its registered offices at pA CCFA, Am Heumarkt 10 1030 Vienna (Austria), registered in the trade register of Vienna under the number FN 461990 y
hereinafter referred to as “B&B HOTELS”.
2. B&B HOTELS provides its members with a customer relations service, accessible by e-mail by sending a request using the Contact form.
2. Purpose and scope
3. These general terms and conditions shall apply for the creation of a service supply contract entered into remotely, in the framework of membership of the B&B HOTELS Club loyalty program (hereinafter the “membership”).
4. B&B HOTELS offers the B&B HOTELS Club loyalty program to its customers, both professionals and consumers, within the meaning of consumer law, via the website hotel-bb.com (hereinafter the “site”) and its mobile application (hereinafter the “application”), dedicated to reserving hotel services.
5. By registering for the B&B HOTELS Club membership offer, members unreservedly accept these general terms and conditions. The company may make amendments to the general terms and conditions at any time. The Customer shall be informed of such material amendments (e.g. changes to the benefits, etc.) by e-mail at the latest thirty (30) days prior to the entry into force of such amendments. Each new version of the general terms and conditions shall be applicable as of the time it is put online on the site.
3. Eligibility conditions for membership
6. To be able to sign up for membership, the member must:
- be at least eighteen (18) years old and/or have legal capacity;
- be a resident of Switzerland;
- have a valid personal e-mail address (the sharing of an e-mail address between two members is not authorised);
- have created an account on the site under the conditions set forth in clause 4.1 of these general terms and conditions.
7. Both consumer and professional customers within the meaning of consumer law may sign up for membership:
- a consumer customer means any natural person who acts for purposes which do not enter within the scope of his or her commercial, industrial, artisanal, independent professional or agricultural activity;
- a professional customer means any natural or legal person, under public or private law, who acts for purposes entering within the scope of their commercial, industrial, artisanal, independent professional or agricultural activity, including when acting in the name and on behalf of another professional.
4. Signing up for membership
8. The B&B HOTELS customer shall sign up for membership by registering for the B&B HOTELS Club program on the website www.hotel-bb.com, or on the B&B HOTELS mobile application, available in French, English, Portuguese, German, Spanish, Italian, Dutch, Polish, Czech, Slovakian, Hungarian and Danish.
4.1 Preliminary step: Creating an account for registration
9. If he or she does not already have one, the B&B HOTELS customer must create a personal space enabling him or her to access the program (hereinafter the “account”) by providing the required information for the program. This information must be complete, accurate, not misleading and up-to-date by sending a request via the contact form. B&B HOTELS reserves the right to ask the member to confirm, by any appropriate means, their identity, their eligibility, and the communicated information.
10. The member must use his or her account access identifiers in a personal and confidential manner, and keep them secret. The member undertakes to protect his or her access identifiers, including his or her password, to avoid any misuse by third parties.
11. The member is solely responsible for any action carried out on his or her account.
12. B&B HOTELS cannot under any circumstances be held liable in the event of usurpation of the identity of a member. Any access and action carried out from a member’s account shall be presumed to have been carried out by that member, insofar as B&B HOTELS is not under the obligation and does not have the technical means to verify the identity of persons having access to the account.
13. Any unauthorised connection to a member’s account and the consequences thereof shall be solely the responsibility of the member, and the latter shall be bound to notify B&B HOTELS of this, without delay, via the contact form.
4.2 Acceptance of the general terms and conditions
14. After having created the account, the B&B HOTELS customer shall read all of these general terms and conditions and accept them by clicking on “continue”.
4.3 Confirmation of the order and payment of the price
15. The B&B HOTELS customer has the possibility of verifying the details of his or her order for membership, its total price and correcting any errors before confirming his or her acceptance. It is therefore for the B&B HOTELS customer to verify the accuracy of the order before paying the membership fee.
16. B&B HOTELS shall confirm receipt of the subscription by e-mail.
17. This e-mail confirming receipt shall also include the member’s identification number. This number is strictly personal and associated with the member’s name. The membership cannot be sold or lent. It is expressly provided that one single membership per person will be taken into account. This membership is strictly personal. Only the member having signed up for it may receive the program’s benefits.
5. Description of the services covered by membership
18. Membership allows a member to have access, via his or her account, to the B&B HOTELS Club loyalty program, having the benefits described below (hereinafter the “program”).
5.1 Conditions for access to benefits
19. The benefits are valid in B&B HOTELS hotels in the participating countries: France, Spain, Italy, Germany, Belgium, Switzerland, Hungary, Portugal, Austria and Slovenia. To enjoy these benefits, the member must either connect to his or her account, or give the hotel reception desk his or her name and e-mail address or identification number.
20. The benefits are valid only for stays reserved in a B&B HOTELS hotels in a participating country via the site, via the application mobile, by telephone or at the hotel’s reception desk (hereinafter the “direct channel”).
21. All stays booked via a third party reseller, tour operator or travel agent (such as Expedia.com, booking.com, etc.) will not qualify for the program benefits.
22. Any room paid for directly at a hotel’s reservation terminal, without prior reservation, using the member’s identification number, will not qualify for the program benefits.
5.2 The benefits
5.2.1 Reductions
23. Any membership subscription shall provide entitlement to:
- a 10% reduction in rates for the room (other than promotional rates) and breakfast, in force at the time of reservation, throughout the year, seven days a week. This reduction is applicable for a room as of arrival at the reserved hotel and cannot be combined with any special rates, special offers and/or promotions or seasonal reductions.
- a 5% reduction in the reduced rate for the room and a 10% reduction for breakfast, in force at the time of reservation, throughout the year, seven days a week. This reduction is applicable for a room as of arrival at the reserved hotel and cannot be combined with any special rates, special offers and/or promotions or seasonal reductions.
It is specified that the B&B HOTELS Club program benefits cannot be combined with the benefits of the B&me loyalty program.
5.2.2 Exchange of accumulated points
5.2.2.1 Accumulated points
24. A stay in a B&B HOTEL contributes to accruing B&B HOTELS Club points, enabling a member to profit from one or more vouchers (hereinafter the “vouchers”). Only overnight stays by a member who reserved via the direct channel are deemed to be valid (hereinafter “valid overnight stays”).
25. The member will gain one hundred (100) points for each valid overnight stay, for one room, with the exception of rooms paid using a voucher. The one hundred (100) points will be credited within a period of seventy-two (72) hours after the end of the stay. If the member reserves two or more rooms for the same night, the points will accrue only for the room that he or she occupies.
26. The points total may be consulted by the member via his or her account. The member will also have access, via his or her account, to a summary list of overnight stays accrued in a B&B HOTEL. This summary list shall be deemed accurate and complete, unless the member objects in writing within four (4) weeks following the date of his or her latest stay. The summary list will be updated within five (5) business days following the last day of the member’s stay in a B&B HOTEL.
27. The contact details for access to the account, as well as the accrued points, cannot under any circumstances be transferred, sold or combined with the accounts of other members.
28. The accrued points cannot in any event be converted into a cash value, and do not grant any right to reimbursement.
5.2.2.2 Period of validity of the points
29. The points credited to the member’s account shall be valid until thirty (30) days after the date of expiry of the membership. If the member does not renew his or her membership within this period of thirty (30) days, the non-converted points will be forfeited definitively.
30. However, members have the right to renew their membership up to thirty (30) days after the expiration date. In this case, the points will not be forfeited and will accumulate with future points until the next date of expiration of the membership.
5.2.2.3 Conversion of points
31. Once the Member has accrued the required minimum number of points, he or she may convert them into a voucher by connecting to his or her account. His or her voucher will then be available on his or her account.
- Once the member has accumulated three hundred (300) points, he or she may benefit from a voucher for a free breakfast in any B&B HOTELS hotel in a participating country.
- Once the member has accumulated five hundred (500) points, he or she may benefit from a voucher for two free breakfasts in any B&B HOTELS hotel in a participating country.
- Once the member has accumulated one thousand (1000) points, he or she may benefit from a voucher for a maximum value of €60 to be used in any B&B HOTELS hotel in a participating country.
32. Validation of the vouchers is subject to the availability of rooms in the hotel. Stays paid in their entirety using a voucher will not enable points to be accrued.
33. The vouchers are valid for twelve (12) months as of their date of issue. The member may use his or her voucher in two ways:
- on the site or mobile application, by entering the voucher number when confirming his or her purchase, or
- by presenting it to the hotel desk.
34. The voucher is deemed to have been used once the reservation made with the voucher has been confirmed (online or once entered into the electronic reservation system by the hotel’s reception staff), and the check-in procedure has been carried out on arrival at the hotel’s reception desk.
35. The voucher can be cancelled and refunded only if this is permitted by the conditions for cancellation of the reservation in question.
5.3 Non-transferrable benefits
36. With the exception of the vouchers, the program’s benefits are personal and non-transferrable.
37. The reductions can only apply to reservations made by the member for his or her own stay.
6. Effective date of membership
38. The membership contract is entered into and shall be effective on the date of acceptance of these general terms and conditions and payment of the membership fee (hereinafter the “effective date of the contract”). As of that date, the member shall benefit from the services covered by the membership contract.
7. Duration of the contract
39. The membership contract is entered into for a period of one (1) year, renewable, as of the effective date of the contract, except in the event of termination by one of the parties under the terms and conditions of clause 11.
40. The member may renew the membership contract within a period of thirty (30) days following the date of expiration of the membership contract.
41. In the event of renewal of the membership contract, the points accrued in the program will be conserved. However, if the member does not renew the membership contract within the stipulated time limit, the contract will not automatically renew and the remaining points will be forfeited definitively.
8. Fee and payment terms
42. The membership fee is thirty-nine (39) euros, meaning thirty-six euros and thirty cents (36.30) Swiss francs, including taxes at the rate in force on the date of signing up (hereinafter the “membership fee”).
43. Any change in the applicable rate may have an impact on the amount of the membership fee.
44. The renewal of the membership contract will trigger a new obligation for the member to pay the fee in order to continue to benefit from the program’s services.
45. On signing up for membership, payment will be made online by
- credit/debit card (visa, mastercard, american express).
9. Right to retract
46. A member will benefit from a right to retract within a cooling-off period of fourteen (14) business days following the conclusion of the membership contract, without having to justify any grounds or pay any penalty.
47. In accordance with these general terms and conditions, the member may exercise his or her right to retract by sending the appended retraction form to the B&B HOTELS customer relations service.
48. In the event that the right to retract is exercised by the member who has not received any benefits of membership, B&B HOTELS will refund the entirety of the paid membership fee, at the latest within a period of fourteen (14) days following receipt by B&B HOTELS of the member’s request to exercise the right to retract. B&B HOTELS will proceed with the refund using the same means of payment as was used by the member to sign up for membership, except with express consent to make the refund using another means of payment and insofar as the refund will not give rise to costs for the member.
10. Obligations of members
49. By signing up for membership, each member undertakes not to cause any disturbance to public order, to comply with laws and regulations in force, to respect the rights of third parties and to comply with the provisions of these general terms and conditions.
50. In particular, each member shall be obliged:
- to conduct themselves in a fair and loyal manner with respect to B&B HOTELS;
- to be honest and sincere in the information provided to B&B HOTELS;
- to use the membership functionalities in accordance with its purpose as described in these general terms and conditions;
- not to misuse the program to commit crimes or offences that are penalised by criminal law or any other law;
- to respect the privacy of third parties and the confidentiality of correspondence;
- to respect the intellectual property rights of B&B HOTELS covering elements of the program;
- not to modify the information put online by B&B HOTELS;
- not to disseminate data having the effect of diminishing, disorganising, slowing or interrupting the normal working of the program or the site.
51. The member undertakes not to conduct him- or herself in a manner contrary to accepted standards of morality or public order, or to commit any act of vandalism, damage or nuisance in the context of the program’s benefits obtained under the membership.
52. The member shall use the program’s functionalities accessible on the site and via the application under his or her sole and exclusive responsibility.
11. Termination of membership
11.1 Termination of membership at the member’s initiative
53. The member may terminate membership before the date of expiration of the contract, with immediate effect, in the event of serious breach by B&B HOTELS of its obligations under the general terms and conditions, it being specified that if the breach may be cured, at the sole discretion of B&B HOTELS, the member shall first give B&B HOTELS written notice of 20 days to correct this breach.
54. The member may request termination by sending the request via the contact form.
55. B&B HOTELS shall proceed promptly with terminating the program and shall send the member a confirmation e-mail.
56. Termination shall cause the forfeiture of all unused benefits connected to the program, as of the date of receipt of the termination request.
11.2 Termination of membership at the initiative of B&B HOTELS
The membership may be terminated by B&B HOTELS in the event of breach by the member of his or her obligations under these general terms and conditions, that may arise inter alia from non-payment of the fee, fraudulent conduct of the member or failure to meet the program eligibility conditions appearing in clause 3 (lack of legal capacity, etc.). B&B HOTELS reserves the right, at any time, to carry out checks concerning the use of the program and compliance with the rules of these general terms and conditions. In the event of termination of membership at the initiative of B&B HOTELS in the cases referred to above, all points accumulated by the member shall be forfeited.
12. Liability
57. B&B HOTELS shall bear no liability if it shows that the failure to perform or improper performance of these general terms and conditions was due either to the member, or to the acts of a third party to the contract, or an event of force majeure such as natural disaster of particular intensity, war, epidemic, riot, strike, hacking or outage of power supplies or of the internet, or any other reasonable cause that is beyond its control.
13. Protection of personal data
58. B&B HOTELS gathers and processes its members’ personal data in compliance with applicable regulations on the protection of personal data and, in particular, EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 and the Federal Act on Data Protection (RS.235.1) and the data protection order (RS.235.11).
59. In accordance with applicable regulations, the member has a right of access and rectification of his or her personal data. He or she may also require restrictions on the processing of his or her data, as the case may be, object to their processing /withdraw his or her consent.
60. These rights may be exercised under the terms and conditions defined in our Privacy Policy.
14. Intellectual property
61. These General Terms and Conditions do not cause any transfer of any sort of property rights, including intellectual property rights, in the elements belonging to B&B HOTELS in favour of the member; the member undertakes in any event not to act in any way which might harm or compromise, directly or otherwise, the intellectual property rights of B&B HOTELS.
62. In this respect, it is specified that the content of the site, the general structure and the trade marks, designs, images whether animated or not, text, photographs, logos, graphical charters, software and programs, search engines, databases, sounds, videos, domain names, the design and all other elements making up the articles and the site, or any other information appearing therein, without limitation, are the exclusive property of B&B HOTELS or licenced to it by partners or third parties, and are protected by intellectual property rights that are or will be recognised to it under laws in force.
63. Any reproduction and/or display, in whole or in part, of any one of these elements without the express authorisation of B&B HOTELS, is prohibited and would, among other things and non-exclusively, constitute an infringement covered by the provisions of the Federal Act on Patents (RS.232.14), the Federal Act on Copyright (RS.231.1), the Federal Act on the Protection of Trade Marks and Indications of Source (RS.231.11) and any other relevant provision.
15. General provisions
64. If any one of the clauses of these general terms and conditions should be deemed to be unlawful or unenforceable by a judicial decision, the other provisions shall remain in force.
65. The information provided by the site hotels-bb.com shall be official and binding between the parties. Elements such as the date and time of receipt or issue, as well as the quality of the received data, shall be official and binding in priority as appearing on the information systems of B&B HOTELS, unless the member provides written proof. The scope of proof of information issuing from the information systems of B&B HOTELS shall be that recognised to an original written document on paper and signed by hand.
16. Dispute
16.1 Concerning consumer members
66. These general terms and conditions shall be performed and interpreted in accordance with Swiss law. In the event of dispute, the member shall in priority contact the B&B HOTELS customer relations service to obtain an agreed settlement.
67. It is recalled that for any information or complaint, the B&B HOTELS customer relations service is available to the Member by e-mail, by sending a request via the Contact Form .
68. In the absence of agreement between the parties, the dispute may be brought before the court with jurisdiction.
69. In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission allows for an online dispute resolution procedure via its online dispute settlement platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR.
16.2 Concerning professional members
70. The parties shall endeavour to settle by agreement any dispute arising between them concerning the interpretation, performance or termination of these general terms and conditions.
71. IN THE ABSENCE OF AN AGREED SETTLEMENT BETWEEN THE PARTIES WITHIN A PERIOD OF ONE (1) MONTH FOLLOWING NOTIFICATION OF THE DISPUTE, THE DISPUTE MAY BE BROUGHT BEFORE THE COMPETENT COURTS OF THE PROPER FORUM.
16.3 Proper forum et governing law
72. The general terms and conditions and the supply of services shall be governed by Swiss substantive law, to the exclusion of its rules on the conflict of laws.
73. Any dispute relating to these general terms and conditions or the services shall be within the exclusive jurisdiction of the competent courts of the location of the registered offices of B&B Hôtels. Notwithstanding the foregoing, nothing in these general terms and conditions may prevent B&B Hôtels from seeking provisional measures or any other available legal redress in any other jurisdiction in the event of infringement of its intellectual property rights.