Standard Terms and Conditions of Use for the Club 5C Programme of Relais & Châteaux

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1 Standard Terms and Conditions of Use for the Club 5C Programme of Relais & Châteaux 1 OBJECT OF THE PROGRAMME 1.1 The Club 5C Programme is a recognition Programme established by the Relais & Châteaux Association, an association governed by the French law of 1 July 1901, as amended, with registered office at rue de Prony, Paris, France, represented by its acting President (hereinafter referred to as "Relais & Châteaux") enabling the members of the Club 5C (hereinafter referred to as "Members") to enjoy the following benefits during their stay in a Relais & Châteaux property participating in the Programme: an upgrade (subject to availability on arrival), a personalised VIP welcome and a Discovery Privilege which is specific to each property (hereinafter referred to as the Club 5C Benefits ). 2 NOTICE 2.1 These Terms and Conditions, together with the details set out in the membership application form, constitute the full terms and conditions applicable between the Member and Relais & Châteaux in respect of the Member s membership of the Club 5C Programme. 2.2 Please note that in applying to become a Member of the Club 5C, the applicant agrees to all the provisions of these Terms and Conditions. The applicant s attention is, more particularly, drawn to the provisions of Article X which expressly stipulates the right of Relais & Châteaux to amend these Terms and Conditions (including the membership criteria). These Terms and Conditions were last amended on: 1 June MEMBERSHIP CONDITIONS 3.1 Membership of the Club 5C is limited to natural persons who are aged 18 or over. Companies, partnerships, associations and similar legal entities may not enrol in the Programme. 3.2 There are two ways to become a Member of the Club 5C: Membership can be by invitation of Relais & Châteaux. The invited person receives an in which he/she will be invited to activate his/her profile online, more particularly by completing his/her preferences within three weeks of its receipt. His/her admission to the Club 5C will then be confirmed to him/her by There is also a spontaneous application procedure which is based on a Club 5C membership application form. This form is available from Relais & Châteaux on its website ( In the latter case, the applicants must fulfil the current Club 5C membership criteria. These criteria are currently to have reserved and paid for in one s own name at least 15 nights accommodation and/or meals in one of the Relais & Châteaux properties around the world during the 12 months prior to the date of application. The membership application will be automatically reviewed by Relais & Châteaux if the applicant has evidenced fulfilment of the necessary criteria and Relais & Châteaux will inform the applicant of his/her eligibility or rejection. If he/she is eligible, the applicant receives an in which he/she will be invited to activate his/her profile online, more particularly by completing his/her preferences within a period of three weeks of its receipt. 3.3 As soon as Relais & Châteaux has received the duly completed profile within the specified period of time, the invited person or the applicant will be sent the confirmation of his/her membership of the Club 5C by . Relais & Châteaux Club 5C 1/5

2 3.4 By simple request, the Member can receive (at the address stated at the activation of his/her profile) a welcome kit and the Club 5C membership card. This card will mention the name and first name of the Member, his/her membership number and date of admission as well as the expiry date. In the event of loss or theft of the card, the Member shall immediately inform Relais & Châteaux by to club5c@relaischateaux.com or by letter sent to Relais & Châteaux, Club 5C, rue de Prony, Paris (France). The Club 5C card is not a credit card and cannot be used as a means of payment. The Club 5C card shall remain at all times the property of Relais & Châteaux and must be returned to Relais & Châteaux upon simple request in the event of termination of membership. 4 CLUB 5C MEMBERSHIP 4.1 Unless it is the subject matter of early termination in accordance with the provisions of Article VIII of these Terms and Conditions, the Club 5C membership shall be valid for two years from the date of membership registration by Relais & Châteaux. 4.2 The membership of the Club 5C is non-transferable and includes all the information communicated by the Member during the activation of his/her profile. From the date of admission onwards, the Member must keep his/her profile up to date and inform Relais & Châteaux immediately of any changes concerning this information. 4.3 The Club 5C membership number may only be used by the Member himself/herself; it may under no circumstances be used by a third party. 5 CONDITIONS GOVERNING THE APPLICATION OF THE CLUB 5C BENEFITS 5.1 The Members of the Club 5C Programme enjoy Club 5C Benefits such as those described in Article I of these Terms and Conditions and, more particularly: - Upgrade: the upgrade to a room of a higher category is only valid depending on availability upon arrival of the guest in Relais & Châteaux properties participating in the Club 5C programme and offering at least three different categories of rooms. - Personalised welcome: this involves a special attention offered to the Members upon their arrival in a Relais & Châteaux property participating in the Club 5C programme. - Discovery Privilege: service offered by each Relais & Châteaux property participating in the Club 5C programme inviting the Member to discover the culinary and cultural diversity of the property, the region and/or the terroir through one of its highlights. 5.2 However, the Club 5C benefits are not applicable within the framework of promotional events and offers (such as flash sales by Relais & Châteaux) and may not cumulated with benefits associated with Relais & Châteaux promotional offers distributed through a tour operator or a travel agent. 5.3 Relais & Châteaux reserves the right to modify the Club 5C benefits at any time without prior notice. Relais & Châteaux Club 5C 2/5

3 5.4 The Cub 5C Benefits are provided by the Relais & Châteaux properties participating in the programme within the framework of a stay in their properties. The corresponding list may be consulted by the Members on the website ( or by contacting the Club 5C Concierge Service by phone: France: * Germany, Austria, Benelux, Spain, Italy, Switzerland, United Kingdom: ** USA/Canada: ** Other countries: + 33 (0) * 0.15/min., ** Toll-free 5.5 In order to enjoy his/her Club 5C Benefits in participating Relais & Châteaux properties, the Member must communicate his/her Club 5C membership number (a) at the time of making his/her reservation and (b) upon arrival at the Relais & Châteaux property. The Club 5C Benefits can only be granted if the reservation is made by the Member through: - the Club 5C Concierge by telephone, - the website - the Relais & Châteaux property directly by phone or through its website. 5.6 The Relais & Châteaux properties reserve the right to require proof of identity from Members (for instance a passport or driving licence with photo) and to refuse the Club 5C Benefits to the Member if he/she fails to prove his/her identity. 5.7 Relais & Châteaux shall have no liability vis a vis any Member in respect of any amendment, substitution or withdrawal of any Club 5C Benefits. No alternatives to the then current Club 5C Benefits will be available in said case. 5.8 It is hereby expressly stated that the benefits granted to Members within the framework of the Club 5C programme are not the responsibility of Relais & Châteaux but solely of the Relais & Châteaux properties participating in the Programme. Relais & Châteaux shall only be in charge of the administrative handling of the Programme without interference into the contractual relationship between the Members and the Relais & Châteaux properties. 5.9 It shall be strictly prohibited to transfer any Club 5C Benefits All intellectual property rights in respect of the Club 5C Benefits including newsletters, alerts and other materials shall be reserved by Relais & Châteaux. Any copying of said materials by a Member shall be strictly prohibited. 6 CONDITIONS GOVERNING THE RENEWAL OF MEMBERSHIP 6.1 Subject to the provisions of Article VIII of these Terms and Conditions, provided a Member has reserved via the Club 5C Concierge by telephone and/or the website and paid for in his/her name at least one stay of one night in a Relais & Châteaux property during the two year period of his/her current membership, the membership of the Member shall be automatically renewed for a further two-year period. 6.2 Subject to the provisions of Article VIII, where a Member has not made any reservation through the Club 5C Concierge and/or the website in a Relais & Châteaux property during the two-year period of his/her then current membership, Relais & Châteaux shall renew his/her membership of the Club 5C Programme in a discretionary manner, taking into account, more particularly, an express request made by the Club 5C Member by telephone or by vis a vis the Club 5C Concierge Service. 6.3 No Club 5C card shall be issued at the renewal of the membership. The Member shall keep the same membership number and the original card which may have been issued for him/her. Relais & Châteaux Club 5C 3/5

4 7 DATA PRIVACY 7.1 Relais & Châteaux may collect information about Members of the Club 5C Programme in different ways: (a) data provided during the online activation of the profile in the application forms for membership and the preferences questionnaire; (b) data provided during reservations in Relais & Châteaux properties and (c) any other information provided by the Members to Relais & Châteaux when they enquire about Relais & Châteaux properties, the Club 5C Programme, send an , place a phone call, write to Relais & Châteaux or otherwise provide Relais & Châteaux with personal information ("Personal Information"). 7.2 Relais & Châteaux may utilise the Personal Information of Members (subject in each case to the requirements of the applicable legislation) for the following purposes: (a) management of the membership of the Club 5C Member; (b) responding to any enquiry made by the Member; (c) subject to the Member's consent, sending of newsletters and/or alerts and information regarding Relais & Châteaux and (d) generation of aggregated statistics about Members of the Club 5C Programme. 7.3 In accordance with the French Act No of 6 January 1978 concerning "IT, Datebases and Freedoms", the Members of the Club 5C may - upon a simple written request) - access, modify, rectify and delete Personal Information concerning them. To exercise said right, it is sufficient to contact Relais & Châteaux, Club 5C, rue de Prony, Paris (France) or to send an e- mail to the address club5c@relaischateaux.com. 8 TERMINATION 8.1 Relais & Châteaux may terminate the membership of a Member of the Club 5C Programme with immediate effect if the Member: (a) infringes these Terms and Conditions (including, but not limited to, a third party using his/her Club 5C benefits); or (b) commits any act or omission that in the reasonable opinion of Relais & Châteaux has damaged or may damage the reputation of Relais & Châteaux or the Club 5C Programme. (c) Termination may also be enforced following two written requests by owners or general managers of Relais & Châteaux properties. 8.2 In the event of termination of the membership of a Member of the Club 5C Programme, Relais & Châteaux must write to the Member (at the address that has been notified to Relais & Châteaux), informing him/her of the termination. Relais & Châteaux shall have no liability to the Member in respect of the termination. 8.3 The Member may likewise cancel his/her membership of the Club 5C Programme by writing to Relais & Châteaux either by to club5c@relaischateaux.com or by mail to the address Relais & Châteaux, Club 5C, rue de Prony, Paris (France). 8.4 Relais & Châteaux reserves the right to end the Club 5C Programme and the Club 5C benefits without liability provided that it, if reasonably possible, informs the Members at least one month in advance. 9 LIABILITY 9.1 Subject to the provisions of Articles II and V of these Terms and Conditions, it is expressly pointed out that Relais & Châteaux may not be held liable vis a vis a Member except for non-membership of the Club 5C Programme or early termination of said membership involving infringement of the provisions of these Terms and Conditions. Furthermore, it is emphasised that in such a case, Relais & Châteaux shall only have to remedy the established and direct damage suffered by the Member. Relais & Châteaux Club 5C 4/5

5 Moreover and notwithstanding the foregoing provisions, the Relais & Châteaux property concerned shall be fully liable if one or more benefits of the Club 5C were not furnished by a Relais & Châteaux property to a Member; Relais & Châteaux may not be held liable in this respect in any way whatsoever. Finally, Relais & Châteaux shall not be liable to compensate the Member for any damage suffered by him/her, if such damage results from acts of the Member. 9.2 The Member shall indemnify Relais & Châteaux against any damage, costs or losses (including loss of profits) resulting from any infringements of these Terms and Conditions, including but not limited to abuse of the Club 5C benefits by the Member. 10 GENERAL PROVISIONS 10.1 Relais & Châteaux may revise these Terms and Conditions at any time by posting an update on its website Any continued use of the Club 5C benefits by Members after any such change shall constitute his/her acceptance of the new Terms and Conditions and they shall be binding on the Member. Members should, therefore, check the website from time to time to review the applicable Terms and Conditions If any provision of these Terms and Conditions is declared null and void or unenforceable, the validity and enforceability of the remaining provisions of these Terms and Conditions shall not be affected In the absence of a written notice to the contrary, no delay or failure by Relais & Châteaux to exercise its rights in accordance with these Terms and Conditions shall constitute a waiver of said rights These Terms and Conditions shall be governed by French law and the courts of France shall have exclusive jurisdiction Where these Terms and Conditions are translated and there is a conflict between the French and translated versions, the French version shall prevail. Relais & Châteaux Club 5C 5/5