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

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Last updated: 24/04/2024
 

1.    Purpose and parties

 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 program (hereinafter the “Members”), and the following companies:

• B&B HOTELS, 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 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
• 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 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 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 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
• 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 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,
• 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
• B&B HOTELS DENMARK APS, a Danish limited company having its registered offices at Gammel Kongevej 1, 1610 Copenhagen V (Denmark), registered in the Business Register under the number 40380388
• B&B HOTEL PRAGUE-CITY S.R.O, a Czech limited company having its registered offices at Karin, Prvniho pluku 674/29 – 186 00 Praha 8 (Czech Republic), registered in the Trade Register under the number 247 82 173
• B&B HOTELS POLSKA SP. Z O.O., a Polish limited company having its registered offices at Place Przymierza 6 03-944 Warsaw (Poland), registered in the Trade Register under the number KRS 0000302122
• B&B HOTELS NETHERLANDS B.V., a Dutch limited company having its registered offices at Herikerbergweg 238, Luna ArenA–1101CM Amsterdam (the Netherlands), registered with the Chamber of Commerce of the Netherlands under the number 862421445
• 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 relations service, accessible by e-mail by sending an application using the Contact Form.

2.    Scope

1. B&B HOTELS offers the B&me Loyalty Program to its consumer customers, as defined below, to the exclusion of its trade customers, via the website hotel-bb.com (hereinafter the “Site”) and its mobile application (hereinafter the ”Application”), dedicated to reserving hotel services. 

2. By becoming a member of the B&me Loyalty Program (hereinafter the “Program”), the Member accepts these General Terms and Conditions without reservation. 

3. The acceptance of these General Terms and Conditions by the Member requires the conclusion of an electronic contract, entered into without charge, in order to join the Program. 

4. The Member is expressly informed that these General Terms and Conditions do not govern: 
•    use of the Site and of the Application, governed by the Terms of Use of the Site and of the Application, accessible here;
•    reserving a stay, which is governed by the General Terms and Conditions of Sale accessible here. 

3.    Conditions for eligibility for the program

1. To be able to join the Program, the Member must:
•    be a consumer customer, within the meaning of these General Terms and Conditions (i.e. any natural person acting for purposes which do not fall under his or her commercial, industrial, craft, trade, professional or agricultural activity);
•    be at least eighteen (18) years old and/or have legal capacity (B&B HOTELS reserves the right to proceed with all verifications to check the legal capacity of a member to participate in the program);  
•    have created an account on the Site under the conditions set forth in Clause 9 of the terms of use of the site;
•    accept to receive exclusive offers under the Program and the Newsletter by e-mail or SMS.

2. B&B HOTELS reserves the right to proceed, in compliance with applicable regulations in personal data protection matters, with any verifications as to the capacity of the member to participate in the Program. 

4.    Joining the Program

4.1    Registering for the Program 

1. The consumer is able to register for the Program, without charge: 
•    by completing the form for this purpose on the Site, or on the B&B HOTELS mobile Application, available in French, English, Portuguese, German, Spanish, Italian.
•    on reserving a room on the Site or on the Application;
•    directly at one of our hotels.

2. The information provided by the Member to B&B HOTELS on joining the Program must be complete, up-to-date, sincere and not misleading. 

3. B&B HOTELS reserves the right, in compliance with applicable regulations concerning the protection of personal data, to ask the Member to confirm, by any appropriate means, their identity, their eligibility for the Program, and the communicated information.

4. Members are hereby informed and accept that the information given to register for the Program shall be valid as proof of their identity. The information entered by the member will be binding on them as of the time of validation by the Member in question.

5. Consequently, the member undertakes to update this information on their account so that it always corresponds to the aforementioned criteria or to inform B&B HOTELS of any changes using the Contact Form.

6. Members are reminded that their joining of the Program is personal and only a Member having registered for the Program may benefit from it. Use of the program by any person other than the Member is prohibited. 

7. It is expressly provided that the Program is entirely in dematerialised form. Therefore, no physical media (such as a loyalty card) will be delivered or transmitted to the Member on registering for the Program.

4.2    Acceptance of the general terms and conditions

1. The Member undertakes to read these General Terms and Conditions attentively and expressly accepts them, by way of a tickbox, before subscribing to the program on the Site or on the Application. 
 
2. These General Terms and Conditions are referred to at the foot of each page of the Site by way of a link, and must be consulted before registering for the program.
 
3. Specifically, the Member is invited to carefully read, download and print the general terms and conditions and to keep a copy of them. 

5.    Advantages of the program 

1. The Program enables the Member to benefit from several advantages, notably for reservations made via the Site and via the Application. Thus, the Member may benefit from:

•    a limited price for the reservation of a room in all our new hotels (excluding the B&B HOTELS Juan Les Pins in France) during the first quarter following their opening. The reservation must be made in the name of the customer, who must stay in the room for the duration of the reservation.  This benefit is limited to the reservation of one room per customer. The customer will not be able to benefit from this advantage on the reservation of another room on the same dates where he has already benefited from this limited price.

In B&B HOTELS in France, Belgium, Switzerland, Germany, Italy, Austria, Spain and Portugal the customer can benefit from the following advantages in addition to the limited price:

•    a free breakfast valid the day after joining only for the second reservation made by the customer within three (3) months of joining the B&me programme ;
•    a late departure on Sundays until 2 p.m. subject to hotel availability, except for hotels in Spain and Portugal, which can offer this benefit every day subject to hotel availability.

2. The Program enables an eligible Member to benefit from specific advantages including access to recurrent prize draws [sweepstakes] and/or occasional competitions. 

The Member will be informed of the advantages and the conditions for obtaining them in the Program welcome e-mail sent at the time of joining or, from time to time, by e-mail and by posting on the Site.

3. The advantages granted in the framework of the Program: 
•    are not transferrable; 
•    are not refundable;
•    may only be obtained where reservations are made via the Site or the Application.
 
4. The Member is expressly informed that the advantages offered in the Program are subject to change. The Member will be informed of these changes by e-mail, at the latest thirty (30) days before the changes enter into effect. The Member will also be informed of any final end to the Program by the same methods.

6.    Date of entry into effect and duration of the Program 

The Member shall benefit from the Program’s advantages as of the date of registration for the Program, for an indefinite duration, unless notice of termination is given by either of the parties in accordance with the terms and conditions of these General Terms and Conditions. 

7.    Members’ obligations

By registering for the Program, 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.

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 Program 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, the Site and the Application. 

8.    End of membership of the Program 

8.1    Unsubscribing from the Program by the Member

1. The Member may at any time ask to unsubscribe from the Program, directly via their Member account or by sending a request via the contact form.

2. B&B HOTELS shall proceed promptly with de-registering them from the Program and shall send a confirmation e-mail. 

3. The Member’s decision, during their membership, to no longer accept to receive the Program’s exclusive offers and Newsletters by e-mail or SMS will lead to de-registration from the Program.

4. De-registration from the Program will cause the loss of all unused advantages connected with the Program, as of the date of receipt of the unsubscribe request. 

8.2    Right of unilateral termination by B&B HOTELS

B&B HOTELS may at any time and for any reason whatsoever (including, but not limited to, the final stopping of the Program by B&B HOTELS), terminate the Member’s membership of the Program, subject to e-mail notification with prior notice of thirty (30) days.  

8.3    Termination of the Program by B&B HOTELS 

The program may be terminated by B&B HOTELS without prior notice in the event that the member infringes their obligations under these general terms and conditions, as may arise inter alia from fraudulent behaviour on the part of the member or failure to comply with the program eligibility conditions appearing in Clause 3 (lack of legal capacity, etc.) or failure to comply with the obligations set forth in Clause 7 above.

9.    Liability

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 as defined by the applicable Swiss laws and case-law.

10.    Changes to the Loyalty Program 

1. These General Terms and Conditions may be amended and updated by B&B HOTELS at any time, including notably to adapt to legislative or regulatory change.

2. The applicable General Terms and Conditions are those in force at the time of browsing the Site or use of the Application.

3. The Member shall be informed of material changes (for example, changes to the advantages included in the Program, etc.) by e-mail at the latest thirty (30) days before such changes enter 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 the personal data

1. B&B HOTELS gathers and processes the personal data of its members in compliance with applicable regulations on the protection of personal data, and in particular the federal law on personal data (RS 235.1).

2. In the context of the Program, the Members’ data which are the subject of processing are the data relating to their identity (family name, first name, country, preferred language, telephone number, e-mail address). 
 
3. These data are processed for the following purposes: 
-    Managing the Members’ membership of the Program, 
-    Sending communications concerning the Program, 
-    Sending the newsletter, customer satisfaction surveys and commercial prospection surveys in electronic form,
-    Carrying out and drawing up statistical analyses,
-    Carrying out a recurrent random draw concerning all eligible Members for the purpose of awarding prizes to the drawn Member(s). 

4. The legal bases on which such processing is based are the performance of these General Terms and Conditions. 

5. The personal data processed in the performance of these General Terms and Conditions shall be kept for the entire duration of membership of the Program and then for a period of five years as of their expiry or termination. The personal data required for sending the newsletter and/or of personalised commercial prospection shall be kept for the entire duration of membership of the Program. 

6. The use of Members’ personal data is exclusively reserved to the departments responsible for the processing implemented by B&B HOTELS. B&B HOTELS may call on “processors”, within the meaning of regulations in force, who will act on its behalf and on its instructions alone, for example I.T. service providers for the hosting of databases, maintenance of the business’s I.T. system or the supply of software.

7. For all of the processing listed below, Members shall have the right to ask B&B HOTELS to give them access to their personal data and their rectification. Under the conditions laid down in the GDPR, Members may also have the right to request the erasure of their personal data, the restriction of processing concerning them, or the right to object to processing. Moreover, the Members have the right to withdraw their consent at any time by contacting B&B HOTELS at the address given below or, as the case may be, by clicking on the unsubscribe links in commercial communications. 

8. To exercise these rights or for any question concerning the processing of personal data, B&B HOTELS may be contacted by e-mail at privacy.switzerland@hotelbb.com or by post at B&B HOTELS SWITZERLAND GmbH, Cours des Bastions 5, 1205 Geneva (Switzeland) c/o Olivier Brunisholz, attorney. For more information, each Member may consult the Privacy Policy. 

12.    Intellectual property

1. 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.

2. In this respect, it is specified that the content of the Site and of the Application, 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, the Application 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.

3. Any reproduction and/or display, in whole or in part, of any one of these elements without the express prior authorisation of B&B HOTELS is prohibited and would, among other things and non-exclusively, constitute an infringement of the federal law on the protection of trademarks and the federal law on copyright.

13.    General provisions 

1. If any one of the clauses of these general terms and conditions should be held to be unlawful or unenforceable by a court decision, the other provisions shall remain in force.

2. The information provided by the Site and the Application 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 to the contrary. 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.

14.    Dispute

1. These General Terms and Conditions shall be performed and interpreted in accordance with Swiss substantive law. In the event of dispute, the Member shall in priority contact the B&B HOTELS customer relations department to obtain an agreed settlement.

2. It is recalled that for any information or complaint, the B&B HOTELS customer relations department is available to the Member by e-mail, by sending a request via the Contact Form.
3. 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.