General Terms and Prony Conditions of Use of the Relais & Châteaux Club 5C Programme 1 PURPOSE OF THE PROGRAMME The Club 5C programme is a reward programme run by the Association Relais & Châteaux, an association governed by the French Act of 1 July 1901 and subsequent legislation, whose registered office is at 58-60, rue de Prony 75017 Paris, France, represented by its current Chairman (hereinafter Relais & Châteaux ), which allows members of the Club 5C (hereinafter the Member ) to take advantage of the following benefits during their stay in a Relais & Châteaux property taking part in the programme: a room upgrade (subject to availability on arrival), personalised VIP welcome and Discovery Privilege specific to each property (hereinafter the Club 5C benefits ). 2 APPLICATION OF THE GENERAL TERMS AND CONDITIONS 2.1 These General Terms and Conditions and the terms stipulated in the application form constitute all the terms and conditions applicable to the Member and Relais & Châteaux in respect of the Member s membership of the Club 5C Programme. 2.2 The application form for membership of the Club 5C programme implies unreserved acceptance of these General Terms and Conditions of Use. Relais & Châteaux may amend these terms and conditions, which will be enforceable in respect of the Member as from their publication on the website www.relaischateaux.com/club5c, at any time. Members are therefore invited to check the General Terms and Conditions of Use of the Club 5C Programme on a regular basis. 3 TERMS AND CONDITIONS OF MEMBERSHIP 3.1 Membership of the Club 5C programme is reserved for natural persons aged 18 or above. Legal entities (companies, associations, etc.) may not join the programme. 3.2 There are two ways to become a Member of the Club 5C programme: 3.2.1 Individuals may be invited to join by Relais & Châteaux. The invitee will receive an e-mail in which they will be asked to activate their online profile, in particular by completing their preferences within three weeks of receipt. Their membership of the Club 5C programme will then be confirmed by e-mail. 3.2.2 There is also a procedure for unsolicited applications, which requires the person concerned to complete a Club 5C application form. The form is available from the Relais & Châteaux website (www.relaischateaux.com/club5c). In the latter case, applicants must meet the current membership criteria for the Club 5C, which consist of (i) having booked and paid in their own name for at least 15 nights and/or meals in Relais & Châteaux properties worldwide during the 12 months preceding the date of the application and (ii) confirmation from each property in which the applicant has stayed. Membership will be automatically confirmed by Relais & Châteaux provided the applicant has supplied evidence of having fulfilled the criteria required and Relais & Châteaux will inform the applicant whether they are eligible or have been rejected. If they are eligible, the applicant will receive an e-mail in which they will be asked to activate their online profile, in particular by completing their preferences within three weeks of receipt. 3.3 Once Relais & Châteaux has received their profile, duly completed, within the time frame stated, the invitee or applicant for membership will receive an e-mail confirmation of their membership of the Club 5C programme and their Club 5C Member number. 1
4 CLUB 5C MEMBERSHIP 4.1 Subject to early termination as provided for according to Article 8 of these General Terms and Conditions, the Member will belong to the Club 5C for a period of two years from the date their membership is registered by Relais & Châteaux. 4.2 Membership of the Club 5C is personal to the individual concerned and includes all the information communicated by the Member when they activated their profile. Once they have joined, the Member must keep their profile up-to-date and notify Relais & Châteaux immediately of any change of contact details. 4.3 The Member s Club 5C membership number may only be used by them personally; under no circumstances may it be used by a third party. 5 CONDITIONS APPLICABLE TO CLUB 5C BENEFITS 5.1 Members are entitled to Club 5C Benefits provided the Relais & Châteaux property where they are staying participates in the Club 5C Programme. Members may check their Club 5C area on the website (www.relaischateaux.com/club5c) or contact the Club 5C Concierge Service for the list of Relais & Châteaux taking part in the Club 5C Programme: France: 01 76 49 02 02 * Germany: 69 96 75 91 17 * Spain: 93 317 66 33 * Italy: 02 6269 0064 * Europe(1): 00 800 200 000 02 ** USA/Canada: +1 888 414 4414 ** Asia-Pacific: +65 3158 3022 *** Other countries: +33 1 45 72 96 50 *** (1) Europe: AT/BENELUX/CH/IE/PT/SW/UK - * Price of a local call - ** Toll-free numbers - *** Price of an international call 5.2. The Club 5C Benefits are as follows: - Room upgrade subject to availability: a room upgrade to the next category is only valid in Relais & Châteaux properties with a minimum of three room categories and subject to availability on the date the Member arrives at the property. - Personalised welcome: this refers to particular attention paid to the Member on arrival at a Relais & Châteaux property participating in the Club 5C Programme. - Discovery Privilege: a service offered by each Relais & Châteaux property participating in the Club 5C Programme, inviting the Member to explore the gastronomic and cultural highlights of the property, region and/or local area and its produce through one of its leading features. 5.3 Club 5C benefits are not applicable to promotional events and offers run by Relais & Châteaux and cannot be combined with any other Relais & Châteaux promotional offer marketed by a tour operator or travel agency. 5.4 Relais & Châteaux reserves the right to amend Club 5C Benefits at any time, without notice. 5.5 To take advantage of Club 5C Benefits in the Relais & Châteaux properties concerned, Members must provide their Club 5C membership number (i) when making a reservation and (ii) on arrival at the Relais & Châteaux property. Club 5C Benefits can only be made available if the reservation is made by the Member via: - the Club 5C Concierge, by phone, 2
- the American Express Centurion Concierge Service, a Relais & Châteaux partner in countries participating in the Club 5C programme, - the website www.relaischateaux.com, while logged into their Club 5C area, - the Relais & Châteaux property directly, by phone or via its website. As a consequence, any reservation made by any means other than those listed above will not entitle the Member to take advantage of Club 5C Benefits. 5.6 Relais & Châteaux properties reserve the right to require proof of identity from the Member (passport or driving licence with photo) and to refuse the Member access to Club 5C Benefits if they cannot provide proof of identity. 5.7 Transferring Club 5C Benefits is strictly prohibited. 5.8 Relais & Châteaux names, brands, logos, designs and models used, in particular, on Club 5C Programme materials are the exclusive property of the Relais & Châteaux group and in this respect, are legally protected from any unlawful use, in particular any use made without the permission of Relais & Châteaux. 6 CONDITIONS FOR RENEWAL OF MEMBERSHIP 6.1 Subject to Article 8 of these General Terms and Conditions, if a Member has booked via the Club 5C Concierge, by phone and/or the website www.relaischateaux.com and paid in their own name for at least one night in a Relais & Châteaux property during the two-year period for which their membership remains valid, their membership will be automatically renewed for a further period of two years. The Member will retain their membership number on renewal. 6.2 Subject to Article 8, if a Member has not made a reservation via the Concierge Club 5C by phone and/or the website www.relaischateaux.com in a Relais & Châteaux property during the two-year period for which their membership remains valid, Relais & Châteaux may renew their membership of the Club 5C Programme on a discretionary basis, in particular by considering an express request made by the Member by phone or e-mail to the Club 5C Concierge Service. 7 DATA PROTECTION 7.1 Relais & Châteaux may gather information on the Member of the Club 5C Programme in various ways, such as: (i) data provided when activating their online profile and in membership application and Preferences forms; (ii) data provided when making reservations at Relais & Châteaux properties and (iii) all other personal data supplied by the Member with their express consent in accordance with the regulations in effect. The Member s personal data will be referred to hereinafter as Personal Information. 7.2 Relais & Châteaux may use the Member s Personal Information (subject to compliance with the legislation applicable on a case-by-case basis) for the following purposes: (a) managing the Member s membership of the Club 5C; (b) responding to a request by the Member; (c) subject to the Member s acceptance, sending newsletters and/or alerts and information concerning Relais & Châteaux; (d) producing aggregate statistics on Members of the Club 5C Programme and (e) personalising the Member s welcome and stay in the Relais & Châteaux properties they visit. 7.3 The registered Personal Information is reserved for use by Relais & Châteaux services and its subsidiaries and may only be communicated to properties that are members of the Relais & Châteaux Association and any Relais & Châteaux subcontractors. Some of these recipients may be in other countries offering levels of data protection that differ from the level of protection for personal data found in the European Union. In this case, Relais & Châteaux has implemented guarantees to ensure an adequate level of protection for your personal data, in particular by setting out the terms of the transfer based on standard contractual clauses drawn up by the European Commission. 3
Data are transferred to recipients located outside the European Union for the purpose of offering the Member a personalised welcome at Relais & Châteaux properties. 7.4 Pursuant to the French Data Protection Act no. 78-17 of 6 January 1978, the Member has the right to query, access, correct and challenge data held about them, on legitimate grounds, as well as a right to object to commercial canvassing, by making a simple request in writing. To exercise these rights and obtain the information held about them, they should write to Relais & Châteaux, Club 5C, 58-60 rue de Prony, 75017 Paris (France) or send an e-mail to club5c@relaischateaux.com and/or cil@relaischateaux.com. 8 TERMINATION 8.1 Relais & Châteaux may terminate a Member s membership of the Club 5C Programme with immediate effect if the Member fails to comply with these General Terms and Conditions or acts or fails to act in a way that could be reasonably considered by Relais & Châteaux as likely to harm the reputation of Relais & Châteaux or the Club 5C Programme. Membership may also be terminated in response to two written requests by owners or directors of Relais & Châteaux properties. 8.2 If a Member s membership of the Club 5C Programme is terminated, Relais & Châteaux must write to the Member (at the address supplied to Relais & Châteaux) to inform them of the termination. Relais & Châteaux may not be held liable in respect of the Member for said termination. 8.3 The Member may also terminate their membership of the Club 5C Programme by writing to Relais & Châteaux either by e-mail to club5c@relaischateaux.com or by sending a letter to Relais & Châteaux, Club 5C, 58-60 rue de Prony, 75017 Paris (France). 8.4 Relais & Châteaux reserves the right to end the Club 5C Programme without any liability provided that, as far as possible, it informs the Members at least one month in advance. 9 LIABILITY 9.1 Relais & Châteaux cannot be held liable by the Member for any change, substitution or withdrawal of any Club 5C Benefit whatsoever. No alternative to current Club 5C benefits will be offered in these circumstances. 9.2 It is expressly stated that the benefits granted to the Member under the Club 5C Programme do not fall under the responsibility of Relais & Châteaux but only the Relais & Châteaux properties participating in the Programme; Relais & Châteaux only provides administrative management of the Programme and has no involvement in the contractual relationship between the Member and Relais & Châteaux properties. As a result, should a Relais & Châteaux property taking part in the Programme fail to provide a Member with one or more Club 5C Benefits, the Relais & Châteaux property concerned will be entirely responsible and Relais & Châteaux cannot be held liable in this respect under any circumstances. 9.2 The Member must compensate Relais & Châteaux for any damage, cost or loss (including loss of profits) resulting from a breach of these General Terms and Conditions, including but not limited to wrongful use of the Club 5C Benefits by the Member. 10 GENERAL REMARKS 4
10.1 Should one of the clauses of these General Terms and Conditions be declared null and void or unenforceable, the remaining clauses in these General Terms and Conditions shall remain valid and enforceable. 10.2 Unless stated otherwise, no delay or failure by Relais & Châteaux to exercise its rights under these General Terms and Conditions may be deemed an abandonment of said rights. 10.3 These general terms and conditions are subject to French law and the exclusive jurisdiction of the French courts. 10.4 If these General Terms and Conditions are translated and should a conflict arise between the French version and the translated versions, the French version will prevail. 5