H Rewards | Conditions of participation

H REWARDS LOYALTY PROGRAM TERMS & CONDITIONS

Effective from February 1, 2024

Effective from February 1, 2024, the H Rewards Loyalty Program (hereinafter, the “Loyalty Program”) is a loyalty program offered by H Rewards Pte. Ltd., 11 Penang Lane, 238485, Singapore. H World Holdings Singapore Pte. Ltd. is i.a. the parent company of Steigenberger Hotels GmbH and of H Rewards Pte. Ltd. Those companies are part of the H World Group (formerly Huazhu Group).

The Loyalty Program is operated by H Rewards Pte. Ltd., 11 Penang Lane, 238485, Singapore (hereinafter: the “Company”) and run together with its affiliates.

The Company operates the Loyalty Program with respect to the hotel brands managed by the Company and its affiliates, including but not limited to “Steigenberger Hotels & Resorts”, “Steigenberger ICONS”, “IntercityHotel”, “MAXX by Steigenberger”, “Jaz in the City” and “Zleep Hotels”.

The Loyalty Program is operated under the terms and conditions as set out below unless otherwise expressly stated (the “Program Terms”). The Program Terms govern the Company’s relationship with members of the Loyalty Program (collectively, “Loyalty Program Members”, “Members”, and individually, a “Loyalty Program Member”, “Member”, or “you”), including how Members manage their accounts, book reservations, earn and redeem Loyalty Program points (“Points”) with participating hotels and properties (each a “Participating Hotel”), as well as with third party programs which have a business relationship with the Loyalty Program.

By opening a Loyalty Program membership account (“Account” or “Membership Account”) and accepting membership services of the Loyalty Program, you agree to the Program Terms and the application of the associated benefits for Members, policies and Point rules made available to you from time to time.

In case of updates and/or changes to our Program Terms: These Program Terms supersede all previous terms and conditions with respect to the Loyalty Program and membership therein between you and the Company. Loyalty Program Members are responsible for remaining knowledgeable of the Program Terms and any amendment to Program Terms.

1 JOIN THE LOYALTY PROGRAM

1.1 Eligibility 1.1.1 Membership in the Loyalty Program is free and available to any individual who: (a) has attained the age of 18 and possesses the legal authority to agree to Program Terms in the country where the individual lives; (b) resides in a jurisdiction which legally permits participation in the Loyalty Program; (c) is not a resident of territories and countries subject to comprehensive sanctions promulgated by the U.S. Department of the Treasury’s Office of Foreign Assets Control; (d) provides valid and accurate personal information when enrolling in the Loyalty Program; (e) is not already a member of the Loyalty Program (i.e., does not already have a Membership Account); and (f) has not previously been terminated from the Loyalty Program or any similar loyalty programs operated by the Company.

1.1.2 Members are responsible for reading and understanding the Loyalty Program Terms & Conditions, Account statements, and other communications from the Company about the Loyalty Program in order to understand his/her rights, responsibilities, and status in the Loyalty Program. If a Member has any questions about the Loyalty Program or these Program Terms, the Member should contact the H Rewards Service Center.

1.2 Participating Hotels // H Rewards Channels 1.2.1 “Participating Hotels” are hotels, resorts, and other transient stay properties operated under the participating brands that can be booked through the H Rewards Channels (see section 1.2.2) . Participation of a hotel/brand in the Loyalty Program and acceptance of new hotels/brands into the Loyalty Program is at the sole discretion of the Company.

1.2.2 “H Rewards Channels” refers to H Rewards communication channels, in particular the H Rewards Official Website (hrewards.com, the “Website”), the H Rewards App, reservation call center(s), and Participating Hotels.

1.3 Membership Tier Level Membership of the Loyalty Program is divided into, in ascending order, Star Membership, Silver Membership, Gold Membership and Platinum Membership. Silver Membership, Gold Membership and Platinum Membership are collectively referred to as “Higher Tier Membership” and such Members are referred to as “Higher Tier Members”.

1.4 Basic Membership Benefits A number of benefits are available to all tiers of Loyalty Program Members (“Basic Membership Benefits”). These Basic Membership Benefits are offered at the discretion of the Company and may be subject to availability at the Participating Hotels. The Basic Membership Benefits referred to in sections 1.4.1 to 1.4.3 are granted independently of a Status Night as defined in section 2.1.4; all other Basic Membership Benefits are only granted as part of a Status Night. The benefits for Higher Tier Membership are described in section 4.

The following benefits are granted to all Loyalty Program Members:

1.4.1 Member Communication. Loyalty Program Members will have access to Member service telephone numbers for reservations, customer service and award redemption requests on the Website.

1.4.2 Private Sale. All tiers of Members will have the opportunity to benefit from special offers and campaigns before the general public.

1.4.3 Exclusive Promotions. All tiers of Members will enjoy exclusive offers for bookings of the Participating Hotels.

1.4.4 Complimentary Bottle of Water. All tiers of Members can enjoy a complimentary bottle of water when they reserve and spend at least one Status Night in the Participating Hotels except at Zleep Hotels.

1.4.5 Late Check-out: This benefit is subject to availability at the Participating Hotel on the day of departure. The Member can check out at Participating Hotels up until 12:00 noon and times may vary depending on property and occupancy. Please note, this benefit is only available for Status Nights or Award Redemption Nights.

1.4.6 High-Speed WiFi Access. All Members have access to our high-speed wireless Internet for hotel guests (if available at the hotel concerned) when they register with their email address and password.

1.4.7 FreeCityTicket. In selected IntercityHotels, Members and their companions on the reservation concerned receive tickets for free use of public transport [öffentlicher Personennahverkehr – ÖPNV].

1.4.8 (Member Discount). All Members receive a discount of at least two percent (2%) on the flexible rate if they book nights at Participating Hotels through their Membership Account and the H Rewards Channels (e.g. the H Rewards website, the H Rewards App and other booking channels). The booking discounts for Higher Tier Members are indicated in section 4.2.

1.5 Conditions of Enrollment 1.5.1 Completing the Enrollment Application. An individual may apply to enroll in the Loyalty Program and maintain a Membership Account by fully and accurately completing an application through H Rewards Channels or through other enrollment channels provided or recognized by the Company and providing his/her email address for verification. The Company may deny membership in the Loyalty Program to any applicant in its sole discretion and without providing any reasons.

1.5.2 Individual Membership. Only individuals are eligible for Loyalty Program membership, and each individual may maintain only one Membership Account. Corporations, groups and/or associated entities cannot enroll as Loyalty Program Members. All Loyalty Membership Accounts are individual Accounts, and no joint Accounts are permitted. Loyalty Program benefits are non-transferable unless expressly stated otherwise.

1.5.3 Assignment of Membership Account. After applying to the Loyalty Program, a Membership Account will be opened, and a membership number (“Membership Number”) will be assigned to each applicant. Upon receiving this Membership Number, an individual becomes a Member eligible to earn Points at Participating Hotels. Further details are outlined in section 1.7 and section 2.

1.5.4 Duplicate Accounts. A Member may not have one or more duplicate Accounts under the Loyalty Program at any time. If more than one Loyalty Program Membership Number is assigned to an individual for the Loyalty Program, he/she will only receive Points for one Membership Account. Duplicate Membership Accounts may be cancelled.

1.5.5 Personal Profile. Information provided by a Member when enrolling in the Loyalty Program will be maintained in a personal preference profile within the Membership Account. All information provided by a Member in his/her personal profile must be valid and accurate and must be kept current. i. A Member may change his/her phone number or address by changing his/her information on the Account Profile on the Loyalty Program Website or App or by contacting the H Rewards Service Center. In certain instances, address changes may require supporting legal documentation. ii. Name changes to a Membership Account must include supporting legal documentation, the signature of the Member as well as the date and Membership Number.

1.5.6 Use of Information Collected in Application. The information a Member provides to the Company when completing the Loyalty Program application and redeeming Points is processed in accordance with the H Rewards Privacy Policy.

1.6 Membership Communications 1.6.1 Communication of relevant information is important to administering the Loyalty Program and providing each Member with the opportunity to maximize the benefits of Membership. Members will receive Loyalty Program communications as permitted by and in accordance with the applicable law.

1.6.2 All Loyalty Program communications will be sent to a Member using various channels, e.g. by mail or email to the address(es) currently provided in the Member’s Account. Communications delivered to the address on file will be deemed to have been received one (1) business day after sending it if delivered to the Member’s email address or five (5) business days after sending it if delivered to the mailing address provided. Members must keep their email and mailing addresses current. Neither the Company nor the Loyalty Program shall have any responsibility for misdirected or lost mail or any consequences thereof.

1.6.3 Members will be informed of the new balance of their Membership Account by email after each transaction, when Points have either been earned or spent. Members may unsubscribe from this service at any time in the Account Profile on the Loyalty Program Website or by contacting the H Rewards Service Center.

1.6.4 If the necessary legal requirements according to the applicable law are met, the Company may also send Members promotions, offers and other communications from time to time, including, without limitation, in relation to services of third parties. Such offers for services of third parties are based on the information provided to the Company by a Member and any additional data the Company may lawfully store. Members may change personal details and communications preferences at any time in the Account Profile on the Loyalty Program Website or by contacting the H Rewards Service Center; however, as stated in section 1.5.5 (i), the Company may require a Member in accordance with the H Rewards Privacy Policy to send supporting documentation prior to allowing certain changes (e.g., legal name changes).

1.6.5 The Member will be given the opportunity to define and modify mailing and other communication preferences through mechanisms provided in the emails or communication or in the Account Profile on the Loyalty Program Website or by contacting H Rewards Service Center.

1.6.6 As far as permitted by applicable law, the Company may monitor or record telephone calls to improve quality of service in case a Member contacts the H Rewards Service Center.

1.6.7 A Member can review his/her Points balance and transaction history and update personal details and preferences in the Account Profile on the Loyalty Program Website or App.

1.7 Earning Points Members may earn Points (the currency of the Loyalty Program) for Qualifying Charges at a Participating Hotel in accordance with section 2.

1.7.1 Points Subject to Program Terms. As set forth in section 1.1.2, the accumulation of Points is subject to the Program Terms. Each Loyalty Program Member is responsible for reading the Program Terms, communications from the Company about the Loyalty Program, and account statements for his/her Membership Account in order to understand his or her rights, responsibilities, and status in the Loyalty Program, as well as the structure for earning and redeeming Awards. Missing points, if any, must be claimed within three (3) months of departure by contacting the H Rewards Service Center.

1.7.2 Taxes. Points, Awards and other benefits earned through participating in the Loyalty Program may be taxable. Compliance with all tax obligations arising for a Member from the Loyalty Program due to his or her receipt or use of Points, Awards or other benefits, including the obligation to declare/disclose such benefits, is the sole responsibility of the Member.

1.7.3 Prohibition on Transferring Points. Points accrued by a Loyalty Program Member are for the Member’s benefit only and may not be transferred, sold, exchanged, leased, lent or offered for auction to anyone. Any Points which the Loyalty Program deems to have been transferred in violation of the Program Terms may be confiscated.

1.7.4 Points expiration policy. Points are valid for 24 months from the date of earning. If they are not redeemed within this validity period, Points will expire and become invalid automatically. The number of Points due to expire within the next 30 days is displayed on the Membership Account (App/Web) at all times.

1.7.5 Forfeited or Cancelled Points. Once Points are forfeited or cancelled, the Points cannot be reinstated, but a Member can earn new Points, unless that Member’s account has been deactivated.

1.7.6 Earning points on more than one loyalty program. Any simultaneous crediting of miles under frequent flyer programs as well as bonus points of other customer loyalty programs (such as Miles & More, BahnBonus etc.) on the one hand, and H Rewards Points on the other hand, is excluded; at the choice of the Member, either miles/bonus points or H Rewards Points are credited once per stay (at check-out). If a Member choses to have miles/bonus points credited to another customer loyalty or rewards program, he/she will neither be credited his/her H Rewards Points, nor will his or her “Qualifying Charges” and “Status Night(s)” will be recorded for the stay concerned. If services are used at Participating Hotels based on tier-specific member rates, this shall not give rise to a right to be credited bonus points in another customer loyalty or reward program.

1.8 Membership Cancellation 1.8.1 Cancelling or Suspending Membership Accounts i. Cancelling by Member. A Member may cancel his/her membership in the Loyalty Program at any time by sending written notice (e.g. via email) of cancellation to H Rewards Service Center. His or her membership and the membership status achieved shall then end on the date the termination takes effect. All Points not redeemed by then will become invalid on the effective date of the termination and cannot be reinstated or transferred thereafter. However, vouchers for Awards that have already been issued remain valid (until the date specified on the respective voucher). ii. Cancelling or Suspending by the Company. The Company may cancel a Member’s Account without providing reasons subject to a four weeks’ notice (ordinary termination). However, an ordinary termination (i.e. termination without providing reasons) of a Higher Tier Membership by the Company is only possible at the earliest at the expiry of the existing Membership Tier Level of the Member. In case of an ordinary termination of a Member’s Account by the Company, all unredeemed Points, Redemption Awards, and promotional Awards as well as achieved member status will be forfeited after expiry of six (6) months from the effective date of cancellation and may not be reinstated or transferred thereafter. Regardless the Membership Tier Level of a Member, the Company may cancel a Member’s Account at any time with immediate effect, for cause including, without limitation, if the Member has: a) failed to pay any invoice amount due for services of a Participating Hotel, despite having received a reminder; b) acted in an inappropriate, fraudulent, abusive or hostile manner towards employees, customers or partners of Company or the Participating Hotels; c) culpably breached or violated any of these Program Terms; or d) fraudulently claimed eligibility to earn or redeem Points or enjoy benefits; iii. Legal Action. All rights of the Company to make claims against the Member remain unaffected and will not be limited by these Program Terms in any way.

1.8.2 Effect of Membership Cancellation i. On cancellation of membership in the Loyalty Program by the Company for cause according to section 1.8.1 (ii.), all unredeemed Points of the Member will be forfeited without compensation and the respective Member will no longer be able to participate in the Loyalty Program. ii. If the Company cancels a Member’s Account, the Member may not reapply for membership in the Loyalty Program and any Account opened in the Member’s name and Points and Redemption Awards earned in that Account will be forfeited upon discovery with retrospective effect. iii. If a Member cancels his/her Account in the Loyalty Program, the Member may reapply for membership in the Loyalty Program at a later date, but no Points or Redemption Awards previously forfeited or expired will be reinstated to the Membership Account. iv. Any Membership Status is terminated upon cancellation of a Membership Account.

1.8.3 Modification of the Loyalty Program. Except as otherwise expressly prohibited or limited by applicable laws, as stipulated in section 6, the Company has the right to change, limit, modify or cancel the Awards and Award levels at any time, even though such changes may affect the value of Points, or the ability to obtain certain Awards, provided this does not discriminate against the Member unreasonably or in bad faith. With effect for the future, the Company may, among other things, (i) increase or decrease the number of Points received for a stay or required for an Award; (ii) withdraw, limit, modify or cancel any Award; (iii) add blackout dates, limit rooms available for any Award at any Participating Hotel or otherwise restrict the continued availability of Awards; and (iv) change program benefits, partners of the Loyalty Program, locations served by the Company or its travel partners, conditions of participation, rules for earning, redeeming, retaining or forfeiting Points, or rules governing the use of Awards, Members may not rely upon the continued availability of any Award or Award level and category. Changes or additions to the Awards and Awards levels will be published on the Website.

1.8.4 Benefits Subject to Availability and Modification. All Loyalty Program benefits, amenities, offers, awards and services are subject to availability and may be changed at any time without notice except as otherwise expressly provided therein (e.g. under section 6).

1.8.5 Eligibility to Receive Benefits. Each Member is responsible for verifying that he or she complies with the applicable laws and any guidelines relevant to the member for the acceptance of benefits and allowances to receive such benefits, amenities, offers, Awards or services under the Loyalty Program (including but not limited to Points and Redemption Awards). The Company will not verify this.

1.8.6 No Sale or Transfer. Points, Redemption Awards and other Member benefits may not be sold, bartered, exchanged, leased, lent or offered for auction or otherwise transferred (other than by the Company or its agents). Any attempted transfer, sale, barter, exchange, lease or auction will be void and the respective Points, Redemption Awards and Member benefits will be confiscated. The Company and its cooperation partners with respect to the Loyalty Program may refuse to honor or recognize any Points, Redemption Awards or Member benefits which the Company has reason to believe may have been transferred, sold or bartered.

1.8.7 Redemption Awards. Notwithstanding the foregoing provisions, Redemption Awards may only be given away to third persons for their own use if the Member personally has a personal relationship with them, e. g. family members, friends and acquaintances, but cannot be exchanged for other Awards or cash.

2 EARN POINTS

2.1 Earning Opportunities at Participating Hotels 2.1.1 Each Member receives at least eight (8) Points for each euro (or the local currency equivalent converted into euros according to regularly updated currency conversion rates) the Member spends in accordance with section 2.1.2 on Qualifying Charges (“Base Reward Points”). Higher Tier Members receive Points in accordance with section 4.

2.1.2 “Qualifying Charges” are charges incurred during a stay in a guest room at a Participating Hotel by a Member on his/her folio and up to two (2) additional guest rooms, including, without limitation, charges for: i. Qualifying Rates for Status Nights and ii. food and beverages (excluding alcoholic beverages where prohibited by law) and may exclude charges incurred at outlets that are not managed or operated by the Participating Hotel; if the charges are incurred at the restaurants and bars of Participating Hotels independent of a stay at the respective Participating Hotel, the Qualifying Charges are limited to 1,000 euros per Member for each restaurant or bar check; in such cases Points will only be credited to the Member’s Account if the Member provides his/her Membership Number at the time of payment. One (1) euro in Qualifying Charges corresponds to one status point (“Status Point”).

2.1.3 Non-Qualifying Charges. Charges which do not qualify for Points, include any complimentary services, Points redemption Awards or any other fees or charges including, without limitation: (A) charges for banquets, meetings or other functions; (B) other fees paid including, without limitation, parking, business center, retail stores, and other third-party services; and (C) room rate related taxes and service charges (unless such taxes and service charges are included in the room rate), gratuities, fees (e.g. late cancellation fee or no-show fees), mandatory charges (e.g., resort charges) and other applicable charges. (D) discounted fees/prices (e.g. in the case of discounts for crews and personnel, etc.), except for discounts granted to Loyalty Program Members (e.g. discounted prices for food and beverages for Hither Tier Members).

2.1.4 Qualifying Night / Status Night. A “Qualifying Night” (also referred to as “Status Night”) means a night a Member registers for, and personally pays and stays at any Participating Hotel, for which (i) the room is billed to the Member, or (ii) the guest room is directly billed to a third party who has given an undertaking to pay the costs for the Member’s stay, unless the Member’s stay is associated with a convention or group meeting. In other words, the following criteria must be met in order for a night to qualify as “Status Night”: i. It must be a night a Member stays at a Participating Hotel and for which the Member (A) provides his/her Membership Number at the time of reservation or at check-in; (B) pays a Qualifying Rate or redeems a Points redemption Award for the stay; and (C) stays in one of the reserved guest rooms. A Member may only earn Points for up to three (3) guest rooms during any Status Night if he/she stays in one of the reserved guest rooms and pays a Qualifying Rate or redeems a Points Redemption Award or a promotional Award for all of the guest rooms. ii. Members cannot earn or receive benefits at multiple Participating Hotels for the same stay date(s). iii. Only one Member per guest room can earn Points and receive benefits. If there is more than one Member staying in the same guest room, the Members must decide upon check-in which Member will be credited the Points and receive the benefits for the charges of the room, and this must be the Member who will be paying the bill.

2.1.5 Qualifying Rates. A “Qualifying Rate” is the rate a Member pays for a stay in a guest room at a Participating Hotel, which qualifies to earn Points. Qualifying Rates include all rates that are not listed below or in the description of rates as non-qualifying rates. Unless otherwise specifically stated, Members will receive their membership tier benefits during stays on Qualifying Rates. Rates booked using the following methods are not counted as Qualifying Rates: i. The guest room was booked through a tour agency, online travel platform or other third-party channel including, without limitation, booking.com, expedia.com, hrs.de, hotel.de, ctrip.com, fliggy.com, qunar.com, hotwire.com, priceline.com, orbitz.com, travelocity.com; however, specially agreed corporate rates booked through such channels shall be deemed a Qualifying Rate; ii. The guest room was booked at a group rate as part of an event, meeting, conference or organized tour, or iii. The guest room was booked at an employee rate, special rates offered to employees of the travel industry (e.g. tour operators, wholesalers, travel agents, shipping companies, airlines), or a crew room rate or package; or iv. The guest room was complimentary for the guest; or v. A voucher from a third-party provider was redeemed for the guest room, or vi. The guest room was booked at special rates for partner businesses, e.g. through the portals corporate-benefits.de or mitarbeitervorteile.de.

2.1.6. If a hotel or other property ceases to be a Participating Hotel, all stays subsequent to such date will not be eligible to earn Points regardless of when the reservation was made.

2.2 Individual Earning for Qualifying Charges and Status Nights No person other than the Member may earn Points on Qualifying Charges for his/her Membership Account. Points for a room shared by two or more Loyalty Program Members will only be awarded to one Loyalty Program Member.

2.3 Foreign Exchange The number of Points earned at Participating Hotels where a currency other than euros is used will be calculated based on Qualifying Charges converted to euros at the exchange rate used by the Company on the date of data processing.

3 REDEEM POINTS

3.1 Redeeming Points for Awards. A Member may redeem the Points he or she earned to obtain certain awards (“Redemption Award”) including, without limitation, rooms at Participating Hotels, and other services and merchandise. A full listing of the Redemption Awards currently offered and further options for redeeming Points is available on the H Rewards App and in the Members are of the Loyalty Program Website.

3.1.1 Points and Awards cannot be exchanged or redeemed for cash or credits.

3.1.2 Redemption Awards are valid only for individual travel and are not valid for group travel, package tours, conventions or other special rates and/or package programs, food and beverage credits, incidental expenses, or service charges.

3.1.3 “Upgrade” and “Suite Upgrade” Awards can only be redeemed in connection with a normal reservation made through the H Rewards Channels.

3.2 Rooms at Participating Hotels. Unless otherwise stipulated in the individual case in question, a Member may redeem Points for vouchers for nights at a single or double standard room at Participating Hotels (“Award Redemption Night”). Redeeming vouchers for Award Redemption Nights is subject to availability of eligible rooms at the time of reservation. Advance reservations are required and must be booked through the H Rewards Channels. When making the reservation, the Member must indicate that the booking is for an “Award Redemption Night” and must specify the voucher number. Vouchers for Award Redemption Nights cannot be used for existing reservations.

3.2.1 The standard guarantee and cancellation policies of a Participating Hotel will apply to Award Redemption Night reservations including, without limitation, all minimum length of stay requirements, credit card guarantee requirements and charges for late cancellation, no-shows, and early check-out. i. A Point refund may be issued for a stay that is less than the number of days on the Redemption Award, provided that the Member informs the Participating Hotel’s front desk at least 24 hours in advance of the early check-out time. ii. If a Member fails to cancel a guaranteed Award Redemption Night reservation within the permitted cancellation period, the respective voucher for the Award Redemption Night is rendered invalid and ten (10) percent of the Points that were redeemed against such voucher will be re-deposited into the Member’s Account.

3.2.2 The number of Points required for a voucher for one Award Redemption Night varies depending on the category of the Participating Hotel and the room types available at the Participating Hotel, length of stay, and may also vary by time of year. A list of Participating Hotel categories is available on the Loyalty Program Website. The Company may change a Participating Hotel’s category in the Loyalty Program at any time.

3.2.3 When redeeming Points for a voucher for an Award Redemption Night, the Award Redemption Night includes the cost of a single or double standard room at a Participating Hotel and room tax/service charges, if any. All other charges, including incidentals, municipal levies, and taxes (e.g. culture tax, city tax, etc.) are payable by the Member separately and are not included in the Award Redemption Night. i. The size, location and amenities of standard rooms vary between Participating Hotels and Participating Brands. Upgraded rooms, including upgrades based on size, view, services, and/or suites, may be available at a higher Points cost. ii. Preferences regarding the type of room (e.g. bedding and smoking preferences) may be requested with an Award Redemption Night, but are not guaranteed. iii. For all reservations at Zleep Hotels, including for Award Redemption Nights, a credit card guarantee is required. In case of Award Redemption Nights, the guest’s credit card will only be charged if the strict no-smoking policy in the rooms of Zleep Hotels has been not adhered to by the Member or his/her companions. In any such case, the guest’s credit card will be charged 1,500 DKK or 1,500 SEK.

3.2.4 Members will not receive Points for the Award Redemption Night portion of their stay at a Participating Hotel.

3.2.5 A Member may redeem Points for up to a total of nine (9) guest rooms at the same Participating Hotel over the same dates. When doing so, the Member agrees to make legitimate reservations for Award Redemption Nights in good faith for use by the Member and his or her invited guests only, and not for any other purposes, including without limitation, reselling, impermissibly assigning or posting on third party websites, or making speculative, false or fraudulent reservations, or any reservation in anticipation of demand. The Company reserves the right to cancel any reservations for Award Redemption Nights it believes to be in violation of the Program Terms.

3.2.6 If a Participating Hotel exits the Loyalty Program for any reason after a Member makes an Award Redemption Night reservation but before the Member’s stay, the Company will use reasonable efforts to have such former Participating Hotel honor the reservation or assist in arranging equivalent accommodations nearby; however, the Company cannot guarantee that any Awards, upgrades or any other benefits a Member may earn under the Loyalty Program will be honored by the hotel concerned. If this is the reason why a Member does not use his or her Award Redemption Night, he or she can return the Award. The Points redeemed for the Award Redemption Night will then be re-deposited to his or her Membership Account.

4 HIGHER TIER MEMBERSHIP

4.1 Membership Upgrading and Maintenance Requirements

4.1.1 Upgrading Membership. To upgrade his or her membership to the next higher tier, the Member must meet the following criteria in Chart 1 below within a Membership Cycle. A “Membership Cycle” shall mean a period of twelve (12) months starting from the date on which a Member is enrolled in the current membership tier. After the end of this cycle, a new Membership Cycle will start. If the membership tier changes during a Membership Cycle, a new Membership Cycle will be counted from the date of change. A Member will be upgraded to the next higher membership tier within three (3) days of fulfilling the criteria for the upgrade.

4.1.2 Maintaining membership tier. After being upgraded to a higher membership tier, a Member may maintain his or her membership at such higher tier for one Membership Cycle. In order to maintain his or her membership at this higher tier in the next Membership Cycle, a Member needs to meet the following criteria, which are defined in Table 1 below. If a Higher Tier Member fails to meet the criteria for maintaining his/her current membership tier during a Membership Cycle, he/she will be automatically downgraded to the membership tier for which he/she met the criteria in the previous cycle.

Table 1: Rules for upgrading to and maintaining the next higher membership tier

Membership tier Silver Conditions for upgrading to the next tier within a Membership Cycle: 3 Status Nights or 350 EUR in Qualifying Charges Conditions for maintaining the current tier: 3 Status Nights or 350 EUR in Qualifying Charges

Membership tier Gold Conditions for upgrading to the next tier within a Membership Cycle: 22 Status Nights or 2,150 EUR in Qualifying Charges Conditions for maintaining the current tier: 5 Status Nights or 500 EUR in Qualifying Charges

Membership tier Platinum Conditions for upgrading to the next tier within a Membership Cycle: 35 Status Nights or 3,500 EUR in Qualifying Charges Conditions for maintaining the current tier: 30 Status Nights or 3,000 EUR in Qualifying Charges

4.2 Membership Benefits for Higher Tier Membership

Higher Tier Members receive the following additional benefits referred to in Table 2, which are explained in more detail in section 4.2; however, the benefits granted to Higher Tier Members at Participating Hotels in Mainland China (for the purposes of these Program Terms excluding Hong Kong, Macau and Taiwan) may be different. The benefits granted to Higher Tier Members depend on their membership tier at the time of arrival and not on their membership tier at the time they made the reservation. If their membership was downgraded in the period between the booking and their arrival, the benefits shall be adapted to the lower tier.

4.2.1 Silver Membership Benefits. Silver Members are eligible to receive the following benefits in addition to all of the Basic Membership Benefits:

Bonus Reward Points: Silver Members receive the Basic Reward Points acc. to section 2.1.1 plus an extra eight (8) Points for each euro (or the local currency equivalent converted into euros according to regularly updated currency conversion rates) the Member spends in accordance with section 2.1.2 on Qualifying Charges.
Additional Bonus Points: If a Silver Member books a room at Participating Hotels through digital H Rewards booking channels (e.g. the H Rewards Website and the H Rewards App), he or she receives the aforementioned Bonus Reward Points plus eight (8) Points for each euro (or the local currency equivalent converted into euros according to regularly updated currency conversion rates) the Member spends according to section 2.1.2 on Qualifying Charges.
Member rates (booking discount): A Member will enjoy a discount of eight percent (8 %) on the flexible rate if he or she logs onto his or her Membership Account and books rooms at Participating Hotels and Participating Brands through the Website. The Member Rate is applicable, subject to adjustment by the Company from time to time, for bookings of up to nine (9) rooms at Participating Hotels and may not be combined with other select promotions, offers or discounts, and is not applicable to existing reservations or groups. For all-inclusive, full-board or half-board rates, the discount is at least two percent (2%) and can be up to five percent (5%).
Late Check-out: This benefit is subject to availability at the Participating Hotel on the day of departure. The Member can check out at Participating Hotels up until 1pm and times may vary depending on property and occupancy. Also, this benefit is available only for Qualifying Nights or Award Redemption Nights.

4.2.2 Gold membership Benefits. Gold Members are eligible to receive the following benefits in addition to all of the Basic Membership Benefits:

Bonus Reward Points: Gold Members receive the Basic Reward Points acc. to section 2.1.1 plus an extra twelve (12) Points for each euro (or the local currency equivalent converted into euros according to regularly updated currency conversion rates) the Member spends in accordance with section 2.1.2 on Qualifying Charges.
Additional Bonus Points: If a Gold Member books a room at Participating Hotels through digital H Rewards booking channels (e.g. the H Rewards Website and the H Rewards App), he or she receives the aforementioned Bonus Reward Points plus twelve (12) Points for each euro (or the local currency equivalent converted into euros according to regularly updated currency conversion rates) the Member spends according to section 2.1.2 on Qualifying Charges.
Member rates (booking discount): A Member will enjoy a discount of twelve percent (12 %) on the flexible rate if he or she logs onto his or her Membership Account and books rooms at Participating Hotels and Participating Brands through the Website. The Member Rate is applicable, subject to adjustment by the Company from time to time, for bookings of up to nine (9) rooms at Participating Hotels and may not be combined with other select promotions, offers or discounts, and is not applicable to existing reservations or groups. For all-inclusive, full-board or half-board rates, the discount is at least two percent (2%) and can be up to five percent (5%).
Early Check-in: This benefit is subject to availability at the Participating Hotel on the day of arrival and times may vary depending on property and occupancy. Also, this benefit is only for Qualifying Nights or Award Redemption Nights and may not be available in some regions.
Late Check-out: This benefit is subject to availability at the Participating Hotel on the day of departure. The Member can check out at Participating Hotels up until 2pm and times may vary depending on property and occupancy. Also, this benefit is available only for Qualifying Nights or Award Redemption Nights.
F&B: A Member will enjoy a discount of at least ten percent (10%) on total guest check (taxes included) at restaurants and bars at Participating Hotels if he or she identify himself/herself as a Member. The discount will not be granted on food and beverage choices booked in advance or to food and beverages included in the room rate.
Complimentary breakfast: Members receive one (1) complimentary breakfast for each Qualifying Night booked at Participating Hotels. At Participating Hotels where the breakfast is always included in the room rate, or if the booking of a Member is based on a rate that already includes the price of the breakfast, a ten (10) euro F&B voucher per stay is offered instead.

4.2.3 Platinum membership Benefits. Platinum Members are eligible to receive the following benefits in addition to all of the Basic Membership Benefits:

Bonus Reward Points: Platinum Members receive the Basic Reward Points acc. to section 2.1.1 plus an extra twenty (20) Points for each euro (or the local currency equivalent converted into euros according to regularly updated currency conversion rates) the Member spends in accordance with section 2.1.2 on Qualifying Charges.
Additional Bonus Points: If a Platinum Member books a room at Participating Hotels through digital H Rewards booking channels (e.g. the H Rewards Website and the H Rewards App), he or she receives the aforementioned Bonus Reward Points plus twelve (12) Points for each euro (or the local currency equivalent converted into euros according to regularly updated currency conversion rates) the Member spends according to section 2.1.2 on Qualifying Charges.
Member rates (booking discount): A Member will enjoy a discount of fifteen percent (15 %) on the flexible rate if he or she logs onto his or her Membership Account and books rooms at Participating Hotels and Participating Brands through the Website. The Member Rate is applicable, subject to adjustment by the Company from time to time, for bookings of up to nine (9) rooms at Participating Hotels and may not be combined with other select promotions, offers or discounts, and is not applicable to existing reservations or groups. For all-inclusive, full-board or half-board rates, the discount is at least two percent (2%) and can be up to five percent (5%).
Guaranteed Room: A room reservation at Participating Hotels will be guaranteed when the reservations are made 48 hours prior to intended arrival. However, the “Guaranteed Room” benefit cannot be applied to bookings made through third parties or to reservations for Award Redemption Nights and may not be available on certain limited dates (e.g., during tradeshows, events, etc.). The “Guaranteed Room” benefit cannot be used in conjunction with redeeming Points for Awards or any type of promotional or discounted rates. Members have no right to be given a specific room or a room of a specific room category; booking at member rates is not possible.
Room Upgrade: A Member will receive the complimentary upgrade to the next best available room category (except suites or specialty rooms) at Participating Hotels subject to availability for the entire length of stay at the time of check-in. If the next higher category is not available, the upgrade should be done in the same category (e.g. higher floor, better location/view, etc.). This upgrade is only for Qualifying Nights or Award Redemption Nights and is not available at Zleep Hotels.
Early Check-in: This benefit is subject to availability at the Participating Hotel on the day of arrival and times may vary depending on property and occupancy. In addition, this benefit is only for Qualifying Nights or Award Redemption Nights and may not be available in some regions.
Late Check-out: This benefit is subject to availability at the Participating Hotel on the day of departure. The Member can check out at Participating Hotels up until 3.00pm and times may vary depending on property and occupancy. In addition, this benefit is only for Qualifying Nights or Award Redemption Nights and may not be available in some regions.
F&B: A Member will enjoy a discount of at least ten percent (10%) on total guest check (taxes included) at restaurants and bars at Participating Hotels if he or she identifies himself/herself as a Member. The discount will not be granted on food and beverage choices booked in advance or to food and beverages included in the room rate.
Two (2) Complimentary Breakfasts: A Member will receive two (2) Complimentary Breakfasts. This benefit is applicable to single and double occupancy for each booked Qualifying Night at Participating Hotels. At Participating Hotels where the breakfast is always included in the room rate, or if the booking of a Member is based on a rate that already includes the price of the breakfast, a ten (25) euro F&B voucher per stay is offered instead.

5 NO GUARANTEE OF SPECIFIC BENEFITS; LIMITATIONS OF LIABILITY

5.1 The Company does not warrant or guarantee the continuous availability of any specific Awards or benefits, nor the continuous availability of the H Rewards Channels.

5.2 The liability of the Company is limited as follows:

5.2.1 The Company is liable without limitation in case of (i) injury to body, life and health caused by willful misconduct or negligence of the Company or its vicarious agents; (ii) any damage caused by willful misconduct or gross negligence of the Company or its vicarious agents; and in cases (iii) in which liability cannot be excluded under mandatory law.

5.2.2 The liability for breach of material contractual obligations (being the Company’s obligations which are material to the Loyalty Program and upon which the Member relied when entering into Program Terms) by slight negligence of the Company or its vicarious agents is limited to the damages typically foreseeable according to the Program Terms.

5.2.3 The liability of the Company for all other cases is excluded.

6 CHANGE OF PROGRAM TERMS

6.1 The Company reserves the right to change the Program Terms and all conditions referred hereinto (such as benefits, amenities, offers, Awards and services and Point rules) from time-to-time in accordance with the following provisions:

6.1.1 The Company reserves the right to change the Program Terms at any time if this becomes necessary due to factual changes (e.g. of contact information) or due to new developments in technology or similar circumstances. The Company will give Members at least six (6) weeks’ notice before such changes take effect.

6.1.2 The Company may also change the Program Terms set forth herein in the event of a change in legal regulations or in the case of a change in case law that affects one or more provisions of Program Terms; in this case, the terms concerned shall be adjusted so as to comply with the new legal situation. The Company will give Members at least six (6) weeks’ notice before such changes take effect, unless it is required by statute or for legal reasons to implement the change sooner.

6.1.3 Apart from that, the Company may change the Program Terms (including the Awards, benefits and other provisions referred to in the Program Terms) if such changes do not place the Members at a disadvantage contrary to good faith and the Members have the possibility to object to the change. In this event, the Company will notify the changes to Members in text form transmitted by mail, email or any other means. If a Member does not object to such changes in text within six (6) weeks, this shall be deemed consent, and the change will take effect after expiry of the objection period. When giving advance notice of forthcoming changes, the Company will expressly draw Members´ attention to this consequence of refraining from lodging an objection. If a Member objects to any such change, his or her Membership may be terminated (by termination for convenience).

6.1.4 When making changes to the Program Terms, the Company will always take the legitimate interests of Members duly into account. Any claims for damages by Members due to changes in the Program Terms are excluded.

6.2 Unless otherwise stated, the updated version of the Program Terms will apply to Members´ participation in the Loyalty Program beginning as of its effective date.

7 TERMINATION OF LOYALTY PROGRAM

7.1 The Company may, at its discretion and on six (6) months’ notice, terminate the Loyalty Program for all active Members or replace it with a similar Loyalty Program. Once the termination of the Loyalty Program has taken effect, Members can no longer collect points or claim Redemption Awards, or Loyalty Program benefits or amenities.

7.2 The Company may terminate the Loyalty Program in whole or in part, in any jurisdiction on less than six months' notice if required to do so by applicable law.

7.3 When the Loyalty Program terminates, all unredeemed Points and unclaimed Awards will be forfeited without any obligation of the Company to provide compensation or a replacement, and without any liability of the Company.

8 GOVERNING LAW

8.1 The law applicable to Program Terms is German law without regard to its conflicts of law provisions and the UN Sales Convention (CISG).

8.2 As a consumer, if you are a resident in the European Union and the Company provides its services in connection with Program Terms in the Member State in which you are a resident, you will benefit from all mandatory provisions of the law of the country in which you are a resident. Nothing in these Program Terms affects your rights as a consumer to rely on such mandatory provisions of local law.

8.3 The Company is not obliged to participate in an arbitration procedure, nor does it offer to participate in such a procedure.

9 MISCELLANEOUS

9.1 Change of Contact Information. Each Member is responsible for notifying the Company of any changes in his or her contact details.

9.2 Checks of Membership Account. In accordance with the applicable data protection laws, the Company reserves the right to check the Accounts of all Members, at any time and without prior notice, for compliance with the Program Terms. The Company may review all Members’ Points and Qualifying Nights and their transaction history including, without limitation, their use of Loyalty Program Awards and other benefits.

9.3 Correction of Points and Benefits. At any time and in the Company’s sole discretion and without prior notice, the Company may correct or cancel (i) the upgrading of Membership tier, (ii) the number of Points credited to a Member’s Account, and (iii) any other benefit that has been credited to a Member’s Account and which a Member is not entitled to under the Program Terms.

9.4 Taxes. Points, Redemption Awards and other Member benefits may be subject to income tax or other taxes. The Member itself is responsible for paying all such taxes and for making all applicable disclosures to third parties including, without limitation, the party who paid for the transaction from which the Member earned Points. The Company will not be liable for any tax liability, duty or other charges in connection with the grant of Points, Redemption Awards and other Member benefits.

9.5 No Partnership. Nothing in these Program Terms is intended or shall be construed to create or maintain any corporate relationship, partnership, joint venture relationship or similar relationship between the Company and the Members.

9.6 Severability. If any of Program Terms is or becomes invalid, this shall be without prejudice to the validity of the other terms. If any of Program Terms is held to be illegal, invalid or unenforceable, that part shall be deemed to be separated from the Program Terms, without prejudice to the validity and enforceability of all other terms of this Agreement.

9.7 Entire Agreement. These Program Terms together with all provisions, rules or requirements referred to in these Program Terms constitute the entire agreement between the Company and Members relating to the Loyalty Program.

9.8 Authoritative version. The German version of these Program Terms is the legally binding one.

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