CARA PRIVILEGE CLUB – TERMS & CONDITIONS

Introduction

These conditions regulate the Cara Privilege Program (the “Program”) operated by Cara Holdings, (“Cara” or “we”) and our correlation with members of the program (“Members” or “you”). Membership of the program is subject to these conditions, which are the only conditions that apply. By using your Cara Privilege Card to earn or redeem points, you agree to the following: a) you have read, understood and accepted these conditions; and b) you are eligible for membership

Membership

2.1 Membership entitles you to earn points which can be redeemed for accommodation at Cara Hotels or for other products and/or services (“Rewards”) in conformity with these conditions. All points earned in the scheme expire on December 31st in the year following that in which the points were earned.

2.2 Membership is free and is available to individuals only. It excludes corporations, companies, partnerships, associations, groups or other entities. Joint membership is prohibited. Any attempt to obtain more than one membership, will result in i) termination of membership ii) remove all enrolment bonus(es) iii) forfeit of all points. Membership is only applicable to persons resident in those jurisdictions in which it is legal to join the program and who are over the legal age of majority in that jurisdiction. It is your responsibility to ensure your eligibility and you will indemnify Cara against all liabilities, costs, claims and/or expenses incurred if you breach this provision. Cara reserved the right to refuse membership without a stated reason.

2.3 You will be enrolled in the “Program”, and be able to earn points from the date your completed application form is processed and you have been advised of you user name and password. You cannot claim points in respect of transactions before that date. You will be able to redeem points once you have earned sufficient points.

2.4 When you join the program you will be assigned a Privilege ID Number, a user name and a password.

2.5. You may cancel your membership at any time by giving notice of cancellation in writing to the Cara’s Administrative Centre. All unredeemed points earned by you will be cancelled immediately.

2.6. Cara may at any time terminate your membership with immediate effect by writing to you if in Cara’s reasonable opinion you have breached any of these conditions (or helped another person to do so) or have failed to pay a bill when due to Cara or any participating hotel. Membership will terminate automatically on your bankruptcy. On termination for whatever reason, all unredeemed points earned by you will be cancelled and you will no longer be entitled to participate in the program. On your death, membership is automatically terminated and all unredeemed points cancelled.

2.7 Nothing contained in these conditions limits Cara’s rights to exercise any rights available to it at law or otherwise.

2.8 If you do not earn any Points in any twelve month period, Cara may automatically terminate your Membership without further notification to you, in which case all Points earned by you will be cancelled. This does not prevent you from re-registering as a Member at a later date, but you will not recover any Points from your previous Membership.

2.9 Unless otherwise stated, all benefits available to Members through the Program are subject to availability.

Earning points

3.1 To earn Points for your period of stay, pleas give us your Privilege ID number at check-in or on check out.

3.2 You will be awarded 10 points for every complete US Dollar (or its equivalent in another currency) you spend with the exception of spend on gratuities.

3.3 Points are earned on the net amount after any discount has been applied to your bill.

3.4 Members staying at a participating hotel for more than thirty (30) consecutive days will receive Points only for amounts spent in relation to the first thirty days of their stay, regardless of whether you check-out and re-register during that stay.

3.5 You will earn Points only on spending by you which is paid for by you or your employer. You may earn Points for amounts spent on up to three hotel rooms at the same time, provided that each of these rooms is booked in your name and is paid for personally by you, and not billed to your employer. If these amounts are billed to your employer, you may earn Points on only one room booked in your name.

3.6 To determine the Points to be awarded under Condition3.2, where you pay in a currency other than US$ the amount will be converted into US$ at the rate set by Cara as applicable on the date of check-out (for hotel residents), or date of payment (for non-residents).

3.7 Points earned under Condition 3.2 will be credited to your account only when the relevant bill has been paid. You should allow up to three weeks for Points to reach your Points account, but in most circumstances they will be credited to your Points account within seven days.

3.8 If you wish to claim any adjustment to the number of Points credited to you or for retrospective Points, you must do so within six months of the date of the relevant transaction by sending written details of your claim to the appropriate hotel together with a copy of any bills for which you did not receive the correct number of Points and the Points Receipt (if any). You will only be able to claim retrospective Points for room charges at participating hotels and not for any other expenditure. Cara may at any time correct the amount of Points shown as credited to you.

3.9 If refunds are made to you in respect of goods or services for which you received Points, Cara will adjust the number of Points awarded accordingly.

Services excluded from point eligibility

Points not earned on (a) room and other charges where the booking is made via an agent or third party and payment for that booking is paid direct by such third party; (b) room charges for group commercial or group leisure bookings (where rooms are booked as part of a conference or organized tour or where the bookings for six or more rooms are inked); (c) room charges for airline crews where rooms are pre-booked and paid for by an airline; (d) room charges at wholesaler rates, travel industry staff rates or Cara staff corporate rates; (e) complimentary rooms or services (including, but not limited to, any Rewards earned through the Program); or (f) cash gratuities. Points will not be awarded on certain products and services at participating hotels which are not provided by Cara, or where the award of Points would be prohibited by local law. Employees of Cara, including its subsidiaries and affiliated companies, may not earn Points for expenditure in participating hotels which is paid for or reimbursed by Cara, but may become a Member and earn Points on all eligible personal expenditure.

Point statements and other communications

5.1 You can view your Points balance and transaction history at www.carahotels.com. You will need to provide your user name and password to access this internet site.

Redeeming points for rewards

6.1 Points will be available for redemption once they have reached your Privilege account. To claim a Reward, log on to www.carahotels.com and complete the online rewards claim form.

6.2 You may redeem Points for Rewards as shown in the Points Rewards Table published from time to time. Each Reward is subject to any conditions applicable to that Reward and may be subject to availability. Cara may change at any time the Points Rewards Table and/or the conditions associated with redeeming Rewards (including, but not limited to, the types of Rewards and the number of Points required for each Reward). We will normally give you reasonable notice of any such change, but in exceptional circumstances we may not do so.

6.3 Cara will dispatch any necessary certificate for the relevant Reward to you at the email address provided by you.

6.4 There is no “blackout” (i.e. prohibited) period for accommodation Rewards, but during certain periods there may be a limited allocation of rooms in each participating hotel. Rewards accommodation is in standard single, double or twin rooms only, and includes the cost of the room plus VAT or sales tax and service charge. All other charges (such as food and beverage) and applicable taxes must be paid for separately. Up to two children under the age of sixteen may share a Reward room with you at no extra charge, subject to the availability of a suitable room.

General conditions

7.1 All bookings and use of services at participating hotels, including those obtained as Rewards, are subject to Cara’s standard terms and conditions applicable to them. These include standard reservation requirements (such as minimum length of stay and charges for late cancellation), which are also applicable to Rewards accommodation.

7.2 Participating hotels are those hotels and/or other outlets which participate in the Program. Cara may add participating hotels to, and remove participating hotels from, the Program from time to time.

7.3 Points awarded to you may be cancelled at our sole discretion and expire if not used on December 31st of the year following the year in which the points were earned.

7.4 The transfer, sale or barter of any Points, Rewards or certificates (other than by Cara or its agents) is prohibited and any attempted transfer, sale or barter by you or on your behalf will be void. Cara and/or third parties who provide Rewards may refuse to honour any Points Rewards or certificates which it or they reasonably suspect have been transferred, sold or bartered. Points may not be pooled with those of other person(s) to obtain Reward(s).

7.5 Points awarded on business expenditure may be applicable to tax liability. You should take professional advice as to your tax position. Cara will not be liable for any tax liability, duty or other charges arising directly or indirectly to which Members or third parties may be subject in connection with Points, Rewards or certificates. You are solely responsible for fully informing any third parties (such as your employer) who pay for accommodation or other services for which you receive Points.

7.6 Cara may vary these Conditions or substitute a replacement program at any time and, where a variation is material, shall give reasonable notice in writing to Members, and (on at least three months’ written notice to Members) may terminate the Program at any time. You will be deemed to have agreed to any changes to these Conditions after we have sent you notice of such changes and you fail to terminate your Membership. If the Program is terminated, Members who have already been awarded sufficient Points to claim a Reward will be given a reasonable opportunity to do so. Cara may terminate the Program as a whole or in any jurisdiction(s) on less than three months’ notice if required to do so by any applicable law. All Points which have not been redeemed before the termination of the Program will be cancelled in such cases.

7.7 Points may only be exchanged for Rewards in accordance with these Conditions. No Points, Rewards or certificates may be exchanged or redeemed for cash, prizes or credit. Certificates for Rewards must be redeemed in accordance with these Conditions and the procedures specified on the certificate.

7.8 Cara will not be responsible for:

1. loss or misdirection of, or delay in receiving, any Membership application, correspondence or Rewards certificate;
2. theft or unauthorised redemption of Points or Rewards or use of a certificate or Reward caused by any circumstances beyond the reasonable control of Cara or its agents;
3. any acts or omissions of third parties (including participating hotels); or
4. any errors published in relation to the Program, whether typographical, pricing, descriptive errors or otherwise. Cara’s sole liability in relation to the Program whether for negligence, breach of contract or any other matter shall (other than the provision of Rewards in accordance with these Conditions) be limited to the correct posting of Points to your Cara Points account or, as the case may be, the re-crediting to your account of Points equal to those redeemed for a Reward in connection with which such liability arose.

7.9 Earning and redeeming Points is subject to applicable local laws and regulations. If any part of these Conditions is held to be unlawful or unenforceable, that part will be deemed deleted from these Conditions and the remaining provisions will remain in force.