General terms and conditions - B&me loyalty program in Switzerland

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Last updated: 14/07/2024

1. Preamble

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&me programme (hereinafter the "members"), and of the following companies:

• B&B HOTELS, a société par actions simplifiée (simplified joint stock company) under French law, with its registered office at 271 rue du Général Paulet, 29200, Brest (France), registered in the Brest Trade and Companies Register under no. 378 047 500.

• B&B DREAMLAND HOTEL, a société par actions simplifiée (simplified joint stock company) under French law, with its registered office at 271 rue du Général Paulet, 29200, Brest (France), registered in the Brest Trade and Companies Register under no. 808 416 960.

• TANDEM SAS, a société par actions simplifiée (simplified joint stock company) under French law, with its registered office at 9 boulevard Romain Rolland 75014 Paris (France), registered in the Paris Trade and Companies Register under no. 908 119 746.

• B&B TAKEOVER, a société par actions simplifiée (simplified joint stock company) under French law, with its registered office at 271 rue du Général Paulet, 29200, Brest (France), registered in the Brest Trade and Companies Register under no. 904 728 649.

• B&B HOTELS BELGIUM, a limited liability company under Belgian law, with its registered office at Place Marcel Broodthaers 8 (REGUS Brussels South Station - South Center Titanium), 1060 Saint-Gilles (Belgium), registered with the Crossroads Bank for Enterprises (ECB) under no. 0693.764.388 (Telephone: +32 2 892 39 00 - E-mail address: bel-info@hotelbb.com - IBAN: BE57001833594535)

• B&B HOTELS SWITZERLAND GMBH, a limited liability company under Swiss law, with registered office at Cours des Bastions 5, 1205 Genève (Switzerland) c/o Olivier
  Brunisholz, avocat, registered in the Geneva Commercial Register under n°
  CHE-422.607.448

• B&B HOTELS GERMANY GMBH, a limited liability company under German law, with registered office at Altkönigstraße 10, 65239 Hochheim am Main (Germany), registered in the Commercial Register of the District Court of Wiesbaden under no. HRB 31371.

• B&B HOTELS ITALIA S.P.A, a joint stock company under Italian law, with registered office at Via Domenichino, 19 - 20149 Milano (Italy), registered with the Milan Chamber of Commerce under no. 6291950969

• B&B HOTELS AUSTRIA GMBH, a limited liability company under Austrian law, with its registered office at pA CCFA, Am Heumarkt 10 1030 Vienna (Austria), registered in the Vienna Commercial Register under number FN 461990 y

• W.E. I ALICANTE, SOCIEDAD LIMITADA, a limited liability company incorporated under Spanish law, having its registered office at Calle Luis Pasteur S/N, San Sebastián de los Reyes (28703), Madrid (B&B Hotel Madrid Aeropuerto T4) (Spain), registered in the Mercantile Registry of Madrid under number B84679935 (Hoja M-404571, Tomo 36216, Folio 209).

• WE I VALENCIA SAN LUIS HOTEL, SOCIEDAD LIMITADA, a limited liability company incorporated under the laws of Spain, having its registered office at Calle Luis Pasteur S/N, San Sebastián de los Reyes (28703), Madrid (B&B Hotel Madrid Aeropuerto T4) (Spain), registered in the Mercantile Registry of Madrid under number B84680024 (Hoja M-404570, Tomo 37280, Folio 209).

• B&B HOSPITALITY ESPAÑA, S.L., a limited liability company under Spanish law, with registered office at Calle Luis Pasteur S/N, San Sebastián de los Reyes (28703), Madrid (B&B Hotel Madrid Aeropuerto T4) (Spain), registered in the Mercantile Registry of Madrid under number B66209693 (Hoja M-684467, Tomo 38485, Folio 105).

• B&B HOTELS HUNGARY KFT, a limited liability company under Hungarian law, with its registered office at Fiastyúk utca 4-8 2. em., Budapest 1139 (Hungary), registered with the Companies Registry under no. 01-09-333861,

B&B HOTELS LJUBLJANA, TURIZEM IN HOTELIRSTVO, D.O.O., a limited liability company under Slovenian law, with registered office at Tabor 9, 1000 Ljubljana (Slovenia), registered in the Slovenian Commercial Register under no. 8292965000,

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

• B&B HOTELS DENMARK APS, a limited liability company under Danish law, with registered office at Gammel Kongevej 1, 1610 Copenhagen V (Denmark), registered in the Business Register under number 40380388

• B&B HOTEL PRAGUE-CITY S.R.O, a limited liability company under Czech law, with its registered office at Karin, Prvniho pluku 674/29 - 186 00 Praha 8 (Czech Republic), registered in the Commercial Register under no. 247 82 173

• B&B HOTELS NETHERLANDS B.V., a limited liability company under Dutch law, with registered office at Herikerbergweg 238, Luna ArenA-1101CM Amsterdam (the Netherlands), registered with the Dutch Chamber of Commerce under number 862421445

• B&B HOTELS FLORIDA LLC, a limited liability company under the law of the State of Delaware, with its registered office at County of New Castle, DE DE 1901 (USA), registered in Business Register under number SR# 20233165164 - File Number 7605387, M23000010173

• B&B HOTELS UK LIMITED a private limited company incorporated under the law of United Kingdom, with its registered office at 73 Cornhill, London (England), EC3V 3QQ, registered under no. 13984153

hereinafter referred to as "B&B HOTELS" or the "company".

2. B&B HOTELS provides its members with a customer service accessible by e-mail by sending a request via the Contact Form.

2. Purpose and scope

3. B&B HOTELS offers a B&me loyalty programme to its professional and consumer customers as defined below, via the hotel-bb.com website (hereinafter the "site") and its mobile application (hereinafter the "Application"), dedicated to booking hotel services.

4. Acceptance of these terms and conditions by creating an account on the "B&me" customer area implies the conclusion of an electronic contract concluded free of charge in order to join the B&me loyalty programme (hereinafter the "programme").

5. By creating a B&me account, members join the the B&me programme programme and accept these terms and conditions without reservation.

6. Members are expressly informed that these general terms and conditions do not govern :

use of the site, which is governed by the Site's General Terms and Conditions of Use, accessible here (insert the corresponding link);

(insert the corresponding link);

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 Terms and Conditions accessible here (insert corresponding link);

3. Conditions of eligibility for the programme

7. To join the programme, members must :

• be at least eighteen (18) years old and/or have legal capacity (B&B HOTELS reserves the right to carry out any verification to ensure the member's capacity to participate in the programme).

8. The programme applies to both consumer and professional customers within the meaning defined below:

• consumer customer means any natural person who is acting for purposes which are outside the scope of his or her commercial, industrial, craft, liberal or agricultural activity;

• professional customer means any natural or legal person, public or private, acting for purposes relating to its commercial, industrial, craft, liberal or agricultural activity, including when acting in the name and on behalf of another professional.

9. B&B HOTELS reserves the right to carry out any verification to ensure the member's ability to participate in the programme.

4. Joining the programme

   1. Programme registration

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

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

when booking a room on the website website;

directly with the hotel.

11. The information that the member provides to B&B HOTELS when joining the programme must be complete, up to date, sincere and in no way misleading.

12. B&B HOTELS reserves the right to ask the member to confirm, by any appropriate means, his/her identity, eligibility and the information provided.

13. Members are hereby 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 as soon as it has been validated.

14. Consequently, the member undertakes to update this information on his/her account so that it always corresponds to the aforementioned criteria or to inform B&B HOTELS of any changes made via the Contact Form.

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

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

    1. Acceptance of terms and conditions

17. The Member undertakes to read these terms and conditions carefully before subscribing to the programme on the site and expressly accepts them by clicking on the button button to validate the creation of an account in the B&me customer area.

18. These terms and conditions are referenced at the bottom of each page of the site by means of a link and must be consulted before subscribing to the programme.

19. More specifically, members are invited to carefully read, download and print the general terms and conditions and to keep a copy.

5. The benefits of the programme

20. The B&me Programme allows customers to benefit from a number of advantages described on a dedicated page of the website https://www.hotel-bb.com/ch in particular for bookings made on the site. The benefits of the B&me programme may vary from one country to another.

21. The benefits of the B&me Programme :

are not transferable;

are not refundable;

cannot be combined with bookings made with a corporate discount code ;

cannot be combined with discounts granted as part of the B&me CLUB loyalty programme;

can only be used when bookings have been made on the Site and Application.

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

6. Effective date and duration of the programme

23. The member benefits from the advantages of the programme from the date of subscription to the programme, for an indefinite period, subject to termination by one of the parties, in accordance withwith these General Terms and Conditions , in particular in the event of failure to comply with the conditions of article 8 hereof.

7. Members' obligations

24. In subscribing to the programme, each member undertakes not to undermine public order, to comply with the laws and regulations in force and to respect the rights of third parties and the provisions of these General Terms and Conditions.

25. In particular, each member must :

• behave fairly towards B&B HOTELS ;

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

• use the functions of the programme in accordance with its purpose as described in these General Terms and Conditions;

• not to divert the purpose of the programme to commit crimes, offences or contraventions punishable under the Criminal Code or any other law;

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

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

• not to modify the information put online by B&B HOTELS ;

• not to disseminate any data that would have the effect of reducing, disorganising, slowing down or interrupting the normal operation of the programme and the site.

8. Cancellation of the programme

   1. Deregistration from the programme by the member

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

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

28. Unsubscribing from the programme will result in deletion of the member's "B&me" digital account and the loss of all unused benefits linked to the programme, from the date of receipt of the request to unsubscribe.

    1. Termination of the programme by B&B Hotels

29. The programme may be cancelled by B&B HOTELS without prior notice in the event of breach by the member of its obligations under these general terms and conditions, which may result in particular from fraudulent behaviour by the member or failure to comply with the conditions of eligibility for the programme set out in article 3 (lack of legal capacity, etc.) or non-compliance with the obligations set out in article 7 hereof.

9. Liability

30. B&B HOTELS may not be held liable if it demonstrates that the non-execution or poor execution of these general conditions is attributable either to the member, or to the act of a third party to the contract, or to a case of force majeure, as defined by Swiss laws and case-law.

10. Changes to the loyalty programme

31. The present general conditions may be modified and updated by B&B HOTELS at any time, in particular to adapt to changes in legislation or regulations.

32. The general terms and conditions applicable are those in force at the time of browsing the site.

33. Members will be informed of any substantial changes by e-mail no later than thirty (30) days before the changes come into force. If the Member does not consent to such changes, the Member remains free to unsubscribe from the Program, in accordance with Clause 8.1 of these General Terms and Conditions. 

11. Protection of personal data

34. B&B HOTELS collects and processes the personal data of its members in compliance with the regulations applicable to the protection of personal data, in particular Regulation EU 2016/679 of the European Parliament and of the Council of 27 April 2016 and in particular the federal law on personal data (RS 235.1)

35. Members have a right of access, modification, rectification, opposition, portability and limitation under the terms and conditions defined in its Privacy Policy.

12. Intellectual property

36. The present conditions do not imply any transfer of property rights of any kind, in particular intellectual property rights, on the elements belonging to B&B HOTELS for the benefit of the member, who is in any case forbidden to take any action or carry out any act that may directly or indirectly infringe the intellectual property rights of B&B HOTELS.

37. In this respect, it is specified that the content of the site, the general structure as well as the brands, drawings, models, images, whether animated or not, texts, photographs, logos, graphic charters, software and programmes, search engines, databases, sounds, videos, domain names, design and all other elements making up the articles and the site or any other information appearing on it, without this list being exhaustive, are the exclusive property of B&B HOTELS or of partners or third parties who have granted it a licence, and are protected by intellectual property rights which are or will be recognised to them in accordance with the laws in force.

38. 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 punishable by the provisions of the federal law on the protection of trademarks and the federal law on copyright .

13. General provisions

39. If one of the clauses of these general terms and conditions is considered unlawful or unenforceable by a court decision, the other provisions will remain in force.

40. The information provided by the hotels-bb.com site is deemed authentic between the parties. Elements such as the date and time of reception or transmission, as well as the quality of the data received, will be deemed authentic by priority as they appear on the information systems of B&B HOTELS, unless the member provides written proof. The scope of proof of the information delivered by the information systems of B&B HOTELS is that which is granted to an original in the sense of a written paper document, signed by hand.

14. Litigation

    1. With regard to consumer customers

41. The present general conditions will be executed and interpreted in accordance with Swiss substantive law. In the event of a dispute, the member will first contact the B&B HOTELS customer service department to obtain an amicable solution.

42. For any information or complaint, the B&B HOTELS customer service is at the member's disposal by e-mail by sending a request via the Contact Form.

43. In the absence of agreement between the parties, the dispute may be brought before the court with jurisdiction over the registered offices of the Swiss company or the domicile of the Member in question

1. 2. With regard to professional customers

44. The parties shall endeavour to settle amicably any dispute that may arise between them concerning the interpretation, performance or termination of these general terms and conditions.

45. IN THE ABSENCE OF AN AMICABLE AGREEMENT BETWEEN THE PARTIES WITHIN ONE (1) MONTH OF NOTIFICATION OF THE DISPUTE, THE DISPUTE MAY BE SUBMITTED TO THE COMPETENT COURTS OF THE PROPER FORUM.

    1. Place of jurisdiction and applicable law

46. The general terms and conditions and the provision of services are governed by Swiss substantive law, to the exclusion of its conflict of laws rules.

47. Any dispute arising in connection with these general terms and conditions or the services shall be subject to the exclusive jurisdiction of the courts having jurisdiction at the registered office of B&B Hôtels. Notwithstanding the foregoing, nothing in these terms and conditions shall prevent B&B Hôtels from seeking provisional measures or any other legal remedy available in any jurisdiction in the event of infringement of its intellectual property rights.