General terms and conditions - B&me loyalty program

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Date of update: 25/07/2024

1. Preamble

The purpose of these General Conditions (hereinafter referred to as the “General Conditions”) is to regulate the rights and obligations of the members of the B&me programme (hereinafter referred to as the “members”) and of the following company:

CBBHP - HOTELS IN PORTUGAL, S.A., a public limited company incorporated under Portuguese law, with its registered office at Rua Vasco da Gama 5, parish of Moscavide e Portela, municipality of Loures 2685-244 Loures (Portugal), registered with the Commercial Registry Office of Lisbon under no. 514 820 705. 514 820 705.

hereinafter referred to as “B&B HOTELS”

B&B HOTELS offers its members a customer support service accessible by email, by sending a request via the contact form.

2. Purpose and scope

A B&B HOTELS offers a B&me loyalty programme to its business customers and consumers, within the meaning of consumer law, via the hotel-bb.com website (hereinafter referred to as the “website”) and its mobile application (hereinafter referred to as the “Application”), dedicated to booking hotel services.

Acceptance of these General Conditions by creating an account in the “B&me” customer area implies the conclusion of an electronic agreement concluded free of charge to join the B&me loyalty programme (hereinafter referred to as the “programme”).

By creating a B&me account, members join the B&me programme and unreservedly accept these General Conditions.

Members are expressly informed that these General Conditions do not govern:

• the use of the website, which is governed by the General Conditions of use of the website, accessible here;

• the holiday booking, which is governed by the General Conditions of Sale available here;

• paid subscription to the B&me CLUB programme, reserved for members who have subscribed to the B&me programme, which is governed by the General Conditions accessible here;

3. Eligibility conditions for the programme

To join the programme, members must:

• be at least eighteen (18) years of age and/or of legal capacity (B&B HOTELS reserves the right to carry out any verification to guarantee the member’s capacity to participate in the programme).

The programme applies to both consumer and professional customers, within the meaning of the applicable legislation:

• Consumer customer: any natural person acting for purposes that are not part of their commercial, industrial, craft or professional activity;

• Professional customer: any natural or legal person, public or private, who acts, including through any other person in their name or on their behalf, for purposes related to their commercial, industrial, craft or professional activity.

B&B HOTELS reserves the right to carry out any checks to guarantee the member’s ability to participate in the programme.

4. Join the programme

   1. Programme registration

B&B HOTELS customers subscribe to the B&me programme free of charge:

• by filling in a specific form on the website www.hotel-bb.com to create an account in the B&me customer area or on the B&B HOTELS mobile app, available in French, English, Spanish, Portuguese, German and Italian.

• when booking a room on the website.

• directly with the hotel.

The information that the member provides to B&B HOTELS when joining the programme must be complete, up-to-date, accurate and not misleading.

B&B HOTELS reserves the right to ask members to confirm their identity, eligibility and the information provided by any appropriate means.

Members are informed and accept that the information they enter when subscribing to the programme constitutes proof of their identity. The information entered by members is binding on them from the moment it is validated.

Consequently, the member undertakes to update this information in their account so that it always corresponds to the aforementioned criteria or to inform B&B HOTELS of any changes made via the contact form.

Membership is personal and only the member who has subscribed to the programme can benefit from it. Use of the programme by anyone other than the member is prohibited.

It is expressly stated that the programme is entirely paperless. Consequently, no physical support (e.g. a loyalty card) will be given or sent to the Customer when they join the programme.

1. 2. Acceptance of terms and conditions

The Customer undertakes to read these General Conditions carefully before subscribing to the programme on the website and expressly accepts them by clicking on the button to validate the creation of an account in the B&me customer area.

These General Conditions are referenced at the bottom of each page of the website via a link and should be consulted before subscribing to the programme.

Specifically, members are invited to carefully read, download and print the General Conditions and keep a copy.

5. The advantages of the programme

The B&me programme allows customers to benefit from a series of advantages described on a specific page of the website https://www.hotel-bb.com/en/terms-of-use-b-and-me/spain-portugal particularly for bookings made on the website. The advantages of the B&me programme may vary from country to country.

The advantages of the B&me programme:

• are non-transferable;

• are non-refundable;

• cannot be combined with bookings made with a company code;

• cannot be combined with discounts granted under the B&me CLUB loyalty programme;

• can only be used when bookings have been made on the website and in the Application.

The Customer is expressly informed that the advantages offered under the B&me programme are subject to change. The Customer will be informed of any definitive termination of the B&me Programme by email.

6. Effective date and duration of the programme

The member benefits from the programme from the date of subscription to the programme, for an indefinite period, without prejudice to the right of either party to terminate the programme on reasonable notice or in the event of non-compliance with the conditions of Article 8 of this document.

7. Members’ obligations

By subscribing to the programme, each member undertakes not to cause any disturbance to public order, to comply with the laws and regulations in force, to respect the rights of third parties and to comply with the provisions of these General Conditions.

In particular, each member must:

• behave fairly and loyally towards B&B HOTELS;

• be honest and truthful in the information provided to B&B HOTELS;

• use the features of the programme in accordance with its purpose, as described in these General Conditions;

• not misuse the programme to commit crimes, offences or infringements punishable by criminal law or any other law;

• respect the privacy of third parties and the confidentiality of correspondence;

• respect the intellectual property rights of B&B HOTELS relating to the elements of the programme;

• not modify the information placed online by B&B HOTELS;

• not disseminate data that may have the effect of reducing, disrupting, slowing down or interrupting the normal operation of the programme or the website.

8. Programme cancellation

   1. Cancellation of enrolment in the programme on the member’s initiative

Members can ask to be removed from the programme at any time directly via their member account or by sending a request via the contact form.

B&B HOTELS will unsubscribe you from the programme as soon as possible and send you a confirmation e-mail.

Unsubscribing from the programme results in the deletion of the member’s “B&me” digital account and the loss of all unused benefits associated with the programme, from the date of receipt of the unsubscribe request.

1. 2. Termination of the programme at the initiative of B&B Hotels

A B&B HOTELS may terminate membership in the event of non-compliance by the member with their obligations under these General Conditions, which may be due in particular to fraudulent behaviour by the member or non-compliance with the eligibility conditions for the programme set out in Article 3.

9. Liability

B&B HOTELS will not accept any liability if it proves that the non-fulfilment or poor performance of these General Conditions is attributable either to the member, to an act of a third party to the agreement or to a case of force majeure, under the terms of the applicable Portuguese law.

10. Changes to the loyalty programme

These General Conditions may be modified and updated by B&B HOTELS at any time, in particular to adapt to legislative or regulatory changes.

The applicable General Conditions are those in force at the time of browsing the website.

Members shall be informed of any substantial changes by email no later than thirty (30) days before their entry into force.

11. Protection of personal data

B&B HOTELS collects and processes the personal data of its members in accordance with the applicable regulations on the protection of personal data, namely EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 and Law 58/2019 of 8 August.

Members have a right of access, modification, rectification, opposition, portability and limitation under the terms and conditions set out in their Privacy Policy.

12. Intellectual property

These conditions do not imply any transfer of property rights of any kind, particularly intellectual property rights, over the elements belonging to B&B HOTELS for the benefit of the member, who is in any case prohibited from carrying out any action or performing any act that may directly or indirectly violate B&B HOTELS’ intellectual property rights.

In this regard, it is specified that the content of the website, the general structure, as well as the brands, designs, models, images, whether animated or not, texts, photographs, logos, graphics, software and programmes, search engines, databases, sounds, videos, domain names, design and all the other elements that make up the articles and the website or any other information that appears on it, without this list being exhaustive, are the exclusive property of B&B Hotels or its partners or third parties who have granted it a licence, and are protected by intellectual property rights that are or will be recognised in accordance with current legislation.

Any reproduction and/or representation, in whole or in part, of any of these elements, without the express authorisation of B&B HOTELS, is prohibited and would constitute, in particular, but not exclusively, an infringement of B&B HOTEL’s intellectual property rights.

13. General provisions

If one of the clauses of these General Conditions is deemed illegal or unenforceable by a court decision, the remaining provisions shall remain in force.

The information provided by the hotels-bb.com website is considered authentic between the parties. Elements such as the date and time of receipt or transmission, as well as the quality of the data received, will be considered authentic as they appear in B&B HOTELS’ information systems, unless the member provides written proof to the contrary. The scope of proof of the information provided by B&B HOTELS’ information systems is that conferred on an original in the sense of a document written on paper, signed by hand.

14. Disputes

    1. As far as consumer customers are concerned

These General Conditions shall be executed and interpreted in accordance with Portuguese law. In the event of a dispute, the member should contact B&B HOTELS customer service as a priority in order to reach an agreement.

For any information or complaints, B&B HOTELS customer service is available to members by email, by sending a request via the contact form.

Any dispute that may arise from the interpretation and/or execution of these General Conditions shall be submitted to the Portuguese Courts where the Member is habitually resident, without prejudice to alternative dispute resolution and consumer mechanisms.

In the event of a dispute, the Member may also have recourse to the following Dispute Resolution Entities:

1. Consumer Conflict Arbitration Centre of the District of Coimbra Tel.: 239821690. E-mail: geral@cacrc.pt;

2. Lisbon Consumer Conflict Arbitration Centre Tel.: 218807030. E-mail: juridico@centroarbitragemlisboa.pt;

3. Porto Consumer Information and Arbitration Centre Tel.: 225508349; E-mail: cicap@cicap.pt;

4. Vale do Ave Consumer Conflict Arbitration Centre/Arbitration Court Tel.: 253422410; E-mail: geral@triave.pt;

For more information consult the Consumer Portal at www.consumidor.pt

If there are no alternative dispute resolution body(ies) or the existing one(s) do not consider themselves competent due to the value of the dispute, the consumer can turn to the National Centre for Information and Arbitration of Consumer Conflicts, located in Lisbon, with the email address: geral@cniacc.pt and available at https://www.cniacc.pt/pt/.

In accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission allows an online dispute resolution procedure through its online dispute resolution platform: https://ec.europa.eu/consumers/odr/main/?event=main.adr.show2

1. 2. As far as professional members are concerned

The parties shall use their best endeavours to resolve amicably any dispute that may arise between them regarding the interpretation, execution or termination of these General Conditions.

IN THE ABSENCE OF AN AMICABLE AGREEMENT BETWEEN THE PARTIES, ANY DISPUTE MUST BE SUBMITTED TO THE COURTS OF THE DISTRICT OF LISBON, WHICH IS EXPRESSLY GRANTED JURISDICTION TO SETTLE THE DISPUTE.