Terms of Subscription
1. Scope
1.1. Under our HotMiles bonus programme you have the opportunity to earn and redeem bonus points ("HotMiles") for your stay in our participating hotels. For a list of all participating hotels please go to https://www.h-hotels.com/en/hotmiles/participating-hotels. Your contract partner for HotMiles is My H-Hotels GmbH, Braunser Weg 12, D-34454 Bad Arolsen. You can contact My H-Hotels GmbH by telephone +49 (0)5691/ 878-0 or by e-mail [email protected].
1.2. Participation in the HotMiles programme is exclusively subject to the conditions below.
2. Eligibility
2.1. Natural persons may subscribe after completing the 16th year of age.
2.2. Subscription is free.
2.3. There is no legitimate right of any guest to be admitted to HotMiles.
2.4. Collection and redemption of HotMiles requires you to use the free "H-Hotels” App via which the system will identify you.
3. Registration
3.1. Subscription to HotMiles requires you to register either via our website www.h-hotels.com or via the free "H-Hotels” App. Registration requires the correct and complete entry of the data marked as mandatory in the registration process, particularly your name, the form of address as well as your e-mail address. That information is subject to data protection regulations in accordance with para. 13 of these Terms of Subscription.
3.2. Upon completion of your registration, you will be given a HotMiles account (subscriber account). Only one subscriber account may be created for each natural person. You are not allowed to register again to open another subscriber account.
4. Subscriber ID
For personal identification under the HotMiles programme you will be given a subscriber ID which you will find in the App. The App will also include your personal QR code to be used for identification.
To avoid misuse, you are obliged to ensure that no unauthorized third party becomes aware of the subscriber ID or the QR code.
5. Credit of HotMiles
5.1. As part of our HotMiles programme you will receive HotMiles in all participating hotels, based on your discountable gross sales. For sales in euro, you will be credited one HotMile for every euro of gross sales. For sales in Swiss francs you will earn one HotMile for each Swiss franc of your gross sales. Calculation of your HotMiles will be based on the total gross invoice amount rounded down to full euro amounts or full Swiss francs. It is currently not possible to earn HotMiles on invoices in other currencies. In case we extend the HotMiles programme to other currencies, we will disclose the conversion rates of those currencies into HotMiles at www.h-hotels.com.
5.2. According to clause 5.1, HotMiles may only be earned upon your check-out at the end of your stay. It is not possible to earn HotMiles retrospectively. Credit of HotMiles shall require indicating your subscriber ID upon your check-out as well as the payment of the invoice amount. HotMiles will be credited within [5] business days after check-out.
5.3. If you do not make use of booked rooms, you will not receive any HotMiles on invoice amounts which may become due anyway.
5.4. You may access the amount of HotMiles collected in your subscriber account online via our website www.h-hotels.com or via the free "H-Hotels" app by entering your subscriber ID and password.
6. Status
6.1. As part of our HotMiles programme, you will receive the following status qualification based on the number of your overnight stays per year in participating hotels:
Silver: 0-9 overnight stays p.a.
Gold: 10-19 overnight stays p.a.
Platinum: From 20 overnight stays p.a.
6.2. The status qualification will be based on all creditable overnight stays which you have personally used during a period of one year. The status qualification will be examined retrospectively after each check-out for the prior period of one year.
6.3. Subject to the following regulations, a gold status earned shall be valid for the period of one year, and a platinum status earned shall be valid for the period of two years (status term). If the examination according to clause 6.2 shows that the prerequisites for your previous status will be met again in case of a further overnight stay during the status term, the status term starts to run again from the time of checkout (example: If you stayed 10 times or more in one of the participating hotels in the prior year, you will keep the gold status for at least one year). If the examination according to clause 6.2 shows that you have qualified for a higher status than your previous one, you will immediately get the higher status along with the status term applicable to that status (example: If you stayed 20 times or more in one of the participating hotels in the prior year, you will get the platinum status and keep it for at least two years). If you have not reached the number of overnight stays required for your current status by the end of the respective status term, you will be returned to the lower status you qualify for (example: Two years after you were given the platinum status it is found during examination that you have stayed 9 times in a participating hotel during the prior year. You will then get the silver status).
6.4. The Silver, Gold or Platinum status may be accompanied by additional benefits, which will be announced and may be accessed by you at https://www.h-hotels.com/en/hotmiles.
7. Redemption of HotMiles
7.1. You are entitled to redeem the HotMiles earned by you as soon as your subscriber account shows the corresponding credit balance. You may find our bonus offers and the number of HotMiles required for them in our bonus overview at https://www.h-hotels.com/hotmiles. The offer shall be subject to availability. The offer may not be combined with other promotions.
7.2. Redemption of acquired HotMiles is possible only online via our website www.h-hotels.com or via the "H-Hotels” App.
7.3. Earned HotMiles may only be redeemed against bonuses. Subscribers may not claim cash payment of bonuses.
7.4. If you settle an invoice amount completely by using your HotMiles, you will not receive any new HotMiles on that invoice amount. If you partially settle an invoice amount by using your HotMiles, you will only be credited new HotMiles on the invoice amount remaining to be paid after redemption.
8. Expiration of HotMiles
Earned HotMiles shall expire, if you have not redeemed them until the following deadlines:
For silver status guests, HotMiles not redeemed shall expire by 31 December of the year following their obtainment. (example: You earn HotMiles in June 2018. They would expire at the end of 31/12/2019.) For gold status guests, HotMiles not redeemed shall expire by 31 December of the year following their obtainment. There is no expiration of HotMiles for guests with platinum status, as long as the platinum status exists. In the event of a change of status, the expiry dates for the then existing status shall apply.
9. Other Bonus Programmes
Bonus points or bonuses from bonus programmes of other companies with which we cooperate (external cooperation partners) such as Miles & More and PAYBACK may not be credited or converted into HotMiles under the HotMiles programme. You may choose upon your check-out, whether you wish to be credited the bonus points under the HotMiles programme or under one of the bonus programs of our external cooperation partners, if you have subscribed to them.
10. Transferability
HotMiles you earned may exclusively be redeemed by yourself. HotMiles and the subscriber account are not legally transferable to third parties. Any combination or merging of different subscriber accounts shall be excluded.
11. Misuse by third parties
If you suspect any misuse of the subscriber ID or of the subscriber account by unauthorized third parties, you are obliged to notify us without delay after becoming aware of it. As subscriber, you will be responsible for any resulting damage if you culpably fail to notify us or, in case of delayed notification, for any damage resulting until receipt of the notification. We shall only be liable in accordance with the liability provisions of section 12.
12. Liability
12.1. We shall be liable for any damage that may occur to you in the context of your HotMiles subscription, if and to the extent that we, our legal representatives, employees and other vicarious agents are guilty of malice or gross negligence or if the damage was caused by culpable violation of essential contractual obligations. Essential contractual obligations are those obligations, fulfilment of which is vital for proper implementation of the contract and on which you may and regularly do rely as a subscriber. In the event of slightly negligent violation of essential contractual obligations, liability for property and property damage shall be limited to the foreseeable damage typical for the contract.
12.2. The liability in the event of the culpable injury to life, body or health and the mandatory liability according to the provisions of the Product Liability Act shall remain unaffected.
12.3. Any further liability for damages than the liability provided in this section 12 shall be excluded.
13. Data Protection
Your personal data related to the subscription will be collected, processed and used by us to perform HotMiles. This particularly includes the data ("master data") that you provide during the registration process and during subscription as well as the data ("programme data") arising in connection with your subscription, especially when collecting and redeeming HotMiles from us or partner companies. If you have reached a status (silver, gold or platinum) in the HotMiles programme, we will notify the connected hotel during a booking, to make sure that the corresponding services will be available to you there.
If you have consented separately, we may also process and use the data within the scope of this consent, particularly for transmitting information and offers.
For further details on the HotMiles programme and data protection, please go to: https://www.h-hotels.com/en/hotmiles/dataprotection
14. Termination
14.1. You may terminate the contract at any time without notice by cancelling the programme via our website www.h-hotels.com or via the free "H-Hotels” App. Termination will result in forfeiture of all HotMiles not yet redeemed at the time of termination of the contract. We will again inform you separately about that consequence during the termination process.
14.2. We are entitled to terminate the contractual relationship at any time with one month notice in text form without stating reasons. Any HotMiles, which have not been redeemed by the time termination becomes effective, shall be forfeited.
14.3. The right of either party to cancellation for cause shall remain unaffected. For us a particularly important cause for termination exists if you culpably violate these terms of subscription. In the event of such infringement, termination shall be admissible only after the unsuccessful expiry of a deadline for remedy or an unsuccessful warning, unless circumstances justify immediate termination of the contract by weighing the mutual interests of the parties. If we effectively terminate the contract without notice, any HotMiles not redeemed shall be forfeited with immediate effect.
14.4. In the event of a termination declared by us for good cause we shall be entitled to block the subscriber account with immediate effect. After we have declared an extraordinary termination you shall be no longer entitled to participate in our HotMiles programme. Re-registration shall not be permitted.
15. Amendment of these terms of subscription
We reserve the right to reasonably adapt these terms of subscription in the event of changes to the law or case law or to the extent it is required because of further development of the programme, taking due account of the interests of subscribers. We will inform you in writing of any amendments or additions to these terms and conditions at least six weeks in advance. The amendments or additions to the Terms of Subscription shall be deemed approved if you do not object to their validity in text form until the indicated effective date. We will again inform you separately about that legal consequence when notifying you about the amendment/additions. The right to ordinary termination in accordance with clauses 14.1 and 14.2 shall remain unaffected.
16. Applicable law, jurisdiction, information on the settlement of consumer disputes
16.1. The laws of the Federal Republic of Germany shall apply. However, if you are not resident in Germany, the applicability of any mandatory legal regulations of the state where you as a consumer have your habitual residence shall remain unaffected.
16.2. In compliance with the obligation to provide information pursuant to article 36 of the Consumer Dispute Settlement Act, we hereby notify that we are presently not participating in any dispute settlement procedure before a consumer arbitration institution within the meaning of the aforementioned provision. The right to take legal action before the competent state courts in case of disputes shall remain unaffected.
Date: August 2017