General terms and conditions - B&me loyalty programme

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Last update: 08/21/2024

1. Preamble

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 rue Bovy-Lysberg 2 - c/o CMS von Erlach Poncet SA, Succursale de Genève, 1204 Geneva (Switzerland), registered in the Geneva Commercial Register under no. 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 POLSKA SP. Z O.O., a limited liability company under Polish law, with its registered office at Place Przymierza 6 03-944 Warsaw (Poland), registered in the Commercial Register under number KRS 0000302122
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".

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

B&B HOTELS offers a B&me loyalty programme to its professional and consumer customers, within the meaning of consumer law, via the hotel-bb.com website (hereinafter the "site") and its mobile application (hereinafter the "Application"), dedicated to booking hotel services.
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").
By creating a B&me account, members join the the B&me programme programme and accept these terms and conditions without reservation.
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;
the booking of a holiday, which is governed by the General Terms and 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 Terms and Conditions accessible here;

3. Conditions of eligibility for the programme

To join the programme, members must :

be at least twenty-one (21) 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).

The programme applies to both consumer and professional customers within the meaning of consumer law:

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.

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

4.1 Programme registration

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.

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

4.2 Acceptance of terms and conditions

The Customer 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 to validate the creation of an account in the B&me customer area.
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.
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

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/fr in particular for bookings made on the site. The benefits of the B&me programme may vary from one country to another.
The benefits of the B&me Programme :

are not transferable;
are not refundable;
cannot be combined with bookings made with a corporate 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.

The Customer is expressly informed that the benefits offered in 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 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 with article 1211 of the Civil Code, in particular in the event of failure to comply with the conditions of article 8 hereof.

7. Members' obligations

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.
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 divert the purpose of the programme to commit crimes, offences or contraventions punishable under applicable 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

8.1 Deregistration from the programme by the member

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

8.2 Termination of the programme by B&B Hotels

The programme may be cancelled by B&B HOTELS 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.).

9. Changes to the loyalty programme

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.
The general terms and conditions applicable are those in force at the time of browsing the site.
Members will be informed of any substantial changes by e-mail no later than thirty (30) days before the changes come into force.

10. Protection of personal data

B&B HOTELS collects and processes the personal data of its members as described in its Privacy Policy.

11. Intellectual property

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.

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. B&B HOTELS or its partners or third parties who have granted it a licence, and are protected by intellectual property rights which are or will be recognised according to the laws in force.

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 Intellectual Property Code.

12. General provisions

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.

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.

These Terms and the licenses granted hereunder may be assigned by B&B HOTELS but may not be assigned by you without the prior express written consent of B&B HOTELS. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect. The Services are operated by us in the United States. Those who choose to access the Services from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws. These Terms are governed by the laws of the State of Florida, without regard to conflict of laws rules, and the proper venue for any disputes arising out of or relating to any of the same will be the arbitration venue set forth in Section 9, or if arbitration does not apply, then the state and federal courts located in Florida.

13. Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Informal Process First. You and B&B HOTELS agree that in the event of any dispute, either party will first contact the other party and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action, after first allowing the receiving party 30 days in which to respond. Both you and B&B HOTELS agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.

Arbitration Agreement and Class Action Waiver. After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to B&B HOTELS’ services and/or products, including the Services, and any use or access or lack of access thereto, will be resolved by arbitration, including threshold questions of arbitrability of the Claim. You and B&B HOTELS agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). Because your contract with B&B HOTELS, these Terms, and this Arbitration Agreement concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit. Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under these Terms will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms, you and B&B HOTELS are each waiving the right to trial by jury or to participate in a class action or class arbitration.

Exceptions. Notwithstanding the foregoing, you and B&B HOTELS agree that the following types of disputes will be resolved in a court of proper jurisdiction:

(a) disputes or claims within the jurisdiction of a small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual dispute and not as a class, representative, or consolidated action or proceeding;

(b) disputes or claims where the sole form of relief sought is injunctive relief (including public injunctive relief); or

Costs of Arbitration. Payment of all filing, administration, and arbitrator costs and expenses will be governed by the JAMS Rules, except that if you demonstrate that any such costs and expenses owed by you under those rules would be prohibitively more expensive than a court proceeding, B&B HOTELS will pay the amount of any such costs and expenses that the arbitrator determines are necessary to prevent the arbitration from being prohibitively more expensive than a court proceeding (subject to possible reimbursement as set forth below).

Fees and costs may be awarded as provided pursuant to applicable law. If the arbitrator finds that either the substance of your claim or the relief sought in the demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the JAMS rules. In that case, you agree to reimburse B&B HOTELS for all monies previously disbursed by it that are otherwise your obligation to pay under the applicable rules. If you prevail in the arbitration and are awarded an amount that is less than the last written settlement amount offered by B&B HOTELS before the arbitrator was appointed, B&B HOTELS will pay you the amount it offered in settlement. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits

Opt-Out. You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to [EMAIL] or to the U.S. mailing address listed in the “How to Contact Us” section of these Terms. The notice must be sent to B&B HOTELS within thirty (30) days of your first registering to use the Services or agreeing to these Terms; otherwise you shall be bound to arbitrate disputes on a non-class basis in accordance with these Terms. If you opt out of only the arbitration provisions, and not also the class action waiver, the class action waiver still applies. You may not opt out of only the class action waiver and not also the arbitration provisions. If you opt-out of these arbitration provisions, B&B HOTELS also will not be bound by them.

WAIVER OF RIGHT TO BRING CLASS ACTION AND REPRESENTATIVE CLAIMS. To the fullest extent permitted by applicable law, you and B&B HOTELS each agree that any proceeding to resolve any dispute, claim, or controversy will be brought and conducted ONLY IN THE RESPECTIVE PARTY’S INDIVIDUAL CAPACITY AND NOT AS PART OF ANY CLASS (OR PURPORTED CLASS), CONSOLIDATED, MULTIPLE-PLAINTIFF, OR REPRESENTATIVE ACTION OR PROCEEDING (“CLASS ACTION”). You and B&B HOTELS AGREE TO WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION. You and B&B HOTELS EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN A CLASS ACTION IN ANY FORUM. If the dispute is subject to arbitration, THE ARBITRATOR WILL NOT HAVE THE AUTHORITY TO COMBINE OR AGGREGATE CLAIMS, CONDUCT A CLASS ACTION, OR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT A PARTY TO THE ARBITRATION. Further, you and B&B HOTELS agree that the ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS FOR MORE THAN ONE PERSON’S CLAIMS, AND IT MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS ACTION. For the avoidance of doubt, however, you can seek public injunctive relief to the extent authorized by law and consistent with the Exceptions clause above.

IF THIS CLASS ACTION WAIVER IS LIMITED, VOIDED, OR FOUND UNENFORCEABLE, THEN, UNLESS THE PARTIES MUTUALLY AGREE OTHERWISE, THE PARTIES’ AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING SO LONG AS THE PROCEEDING IS PERMITTED TO PROCEED AS A CLASS ACTION. If a court decides that the limitations of this paragraph are deemed invalid or unenforceable, any putative class, private attorney general, or consolidated or representative action must be brought in a court of proper jurisdiction and not in arbitration.

DISCLAIMERS, LIMITATIONS OF LIABILITY AND INDEMNIFICATION

1.1 Disclaimers.

(a) Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, B&B HOTELS, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors (the “the Company Entities”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. The Company Entities make no warranty or representation and disclaim all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security or reliability of the Services; (b) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services; (c) the operation or compatibility with any other application or any particular system or device; and (d) whether the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis. No advice or information, whether oral or written, obtained from the Company Entities or through the Services, will create any warranty or representation not expressly made herein.

(b) THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING THE STATE OF NEW JERSEY, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES AS SET FORTH IN SECTION 8.2 BELOW. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

(c) THE COMPANY ENTITIES TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES.

(d) YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH THE COMPANY ENTITIES WILL BE RESPONSIBLE FOR.

1.2 Limitations of Liability.

TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE (A) FOR DAMAGES OF ANY KIND, INCLUDING INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE COMPANY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES. THE COMPANY ENTITIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100.00), OR THE AMOUNT YOU PAID THE COMPANY ENTITIES, IF ANY, IN THE PAST SIX (6) MONTHS FOR THE SERVICES (OR OFFERINGS PURCHASED ON THE SERVICES) GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

1.3 Indemnification.

By entering into these Terms and accessing or using the Services, you agree that you shall defend, indemnify and hold the Company Entities harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) incurred by the Company Entities arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation; (b) your violation of any rights of any third party; (c) your misuse of the Services; or (d) your negligence or willful misconduct. If you are obligated to indemnify any Company Entity hereunder, then you agree that B&B HOTELS (or, at its discretion, the applicable Company Entity) will have the right, in its sole discretion, to control any action or proceeding and to determine whether B&B HOTELS wishes to settle, and if so, on what terms, and you agree to fully cooperate with B&B HOTELS in the defense or settlement of such claim.