GENERAL TERMS AND CONDITIONS FOR THE NH HOTEL GROUP REWARDS PROGRAMME

1. Introduction

These Conditions regulate the NH Hotel Group Rewards Programme (previously known as NH WORLD Programme). The NH Hotel Group Rewards Programme (hereinafter the Programme) is the loyalty programme owned by NH Hotel Group, S.A. with registered address in Madrid, C/ Santa Engracia nº 120, and C.I.F. (Tax Code) A-28027944 (hereinafter NH).


These conditions provide details of the process for obtaining and redeeming Points by the Programme holders (hereinafter the Holder or the Holders), with the particular features applicable to each type of operation which are available on the webpage www.nh-hotels.com.


By expressly accepting or, if applicable, acceptance without the need for the conventional signature of said Conditions (after effective knowledge of their existence and content), the Holder declares to know their content and is subject to them while they remain a Programme Holder.


The Holder can only benefit from the advantages inherent to the Programme in those establishments and for the services and rates which are included at each time in the Programme, (Please check the participating hotels here)  the updated and current conditions for which shall be available at all times to the Holder on the webpage www.nh-hotels.com.


NH reserves the right to unilaterally modify these General Conditions when there are sufficient grounds for said modification, and to modify the list of the establishments, services and rates included on the Programme. The Holder shall at all times have access to the updated current General Conditions, either by consulting the webpage www.nh-hotels.com, or at the Hotels or using other information methods which are made available to the Holders so that they are kept informed at all times about the Conditions which are applied to them at each time and which they declare to know.


The Programme is regulated from now on by these Conditions and it is expressly declared that any prior Conditions shall be cancelled.

2. PARTICIPATION IN THE PROGRAMME

2.1. Application for the NH Hotel Group Rewards Card (hereinafter the Card) and Registration in the Programme.

The methods for requesting the registration in the Programme to be able to enjoy its advantages are as follows:

- By internet, completing the form available at www.nh-hotels.com.
- By completing the printed form and handing it in at a Hotel included in the Programme. Said Form is available at the hotels participating in the Programme.

The NH Hotel Group Rewards card is personal and non-transferrable and shall identify the Holder with their details and personal points account number, allowing them to
participate in the Programme as soon as these General Conditions have been accepted or, if applicable, when they have given their express consent in the event of on-line contracting.

2.2 The Points (previously called Credits)

The Programme’s currency is the Point, which has a value equivalent to 1 Euro. The Points cannot be transferred or exchanged for cash or other goods other than those specified in the Programme. The obtaining and redeeming of points is personal to the holder.

The Points and the right to claim their amount shall be subject to a regime of expiry.

The right to request the accumulation of Points not automatically noted on the card shall expire 6 months after any consumption is made which leads to the right to obtain Points.

In any event, in order for the accumulation to be effectively managed and for the claim can take effect, it must be accompanied by the documentation which proves the consumption which led to the generation of Points; this shall require the sending of the invoice which reliably proves the consumptions either by Fax (+34 91 451 97 34) or by email to nhrewards@nh-hotels.com.

The Holder shall benefit from a maximum of 7% in Points on the new amount of these invoiced purchases.

If at any time circumstances occur outside of the control of NH which result in the Points accumulation and/or use of the service having to be interrupted due to a fault in the communications, the Holder shall be entitled to continue accumulating the Points which are not noted, but their Card will not be able to be used until the communications have been re-established, without being able to claim any advantage or make any claim against NH.

The Points obtained during a calendar year shall expire 18 months after they have been obtained, provided that they have not been redeemed.

Without prejudice to the above, NH reserves the rights to apply a different expiry period for the NH promotional Points.

3. HOLDERS AND JOINT HOLDERS OF THE PROGRAMME

Only individuals over 18 years old can be Holders of the Programme, or, if applicable, Joint Holders. Only one Joint Holder can be added for each Holder account.


The Holder and the Joint Holder shall have the same rights and obligations in the benefits of the Programme and in the accumulation and use of the Points, regardless of who has generated them.

Notwithstanding the above, the advantages which may be associated to the different categories of the Programme are linked to the stays or nights which the Holder/Joint Holder has accumulated during from the period from January to December (hereinafter the Period).


The Holder can request the registration of another person as Joint Holder in their Points account at the time of their registration or afterwards by completing the corresponding form which they can find (i) at the Reception of the Hotels, (ii) requesting it from NH Hotel Group Rewards Customer Service (nhrewards@nh-hotels.com) or (iii) on the webpage www.nh-hotels.com.


In order to register the Joint Holder it is essential that they sign and fully accept without reservation these General Conditions by signing the form and handing it in at any Hotel Reception, or by expressly accepting said General Conditions online at the webpage. The Joint Holders cannot under any circumstances apply to register another Joint Holder.

4. PROGRAMME BENEFITS

The Programme shall entitle the Holder, and the Joint Holder, to enjoy the following benefits which will be accumulated after identification as holder of the Programme at the time of payment of the corresponding invoice or, if applicable, at the time of opting for any of the benefits detailed below, provided that they are associated with a stay at a Hotel:
a) Obtain Points on the net total amount of the invoice, provided that the services are managed by NH Hotel Group and are associated to the accommodation invoice
b) Use Points to pay for stays, breakfast and/or restaurant services included in the Programme (provided that they are associated with an accommodation invoice).
c) Benefit from the exclusive or preferential advantages or promotions for NH Hotel Group Rewards. 


There are four categories of Cards which depend on the stays or nights that the Holder/Joint Holder has accumulated during the Period.
Each category shall be entitled to certain advantages which will be described on the webpage www.nh-hotels.com, and in the information sent to the Holders.
NH reserves the right not to issue physical Cards for some categories. Those Hotels which are specifically indicated in the Programme shall not require the Holder to present the physical Card for identification in order to obtain Points, in which case their due identification at the Hotel will be sufficient.
The benefits cannot be accumulated with other Loyalty Programmes in force in the Hotels.
The Holder is entitled to and must choose the Programme which they wish to benefit from during their stay at the Hotel. 


Points earned when staying in our hotels in Colombia, Chile and Ecuador are valid for 6 months, and cannot be redeemed in these same hotels until the integration of these hotels in NH Hotel Group has been completed.
For this same reason, guests who register for NH Rewards in these hotels will not be included in the annual member reclassification process until December 2016.

5. LIMITATIONS ON THE PROGRAMME

There are limitations as regards the obtaining and use of the Points. The Holders shall be entitled to access at all time the updated list of Hotels, Services and Rates included at each
time in the Programme via the webpage www.nh-hotels.com, by calling +44 0203 49 98 951 / +34 91 398 44 38, and at the Hotels themselves or other means of communication used with the Holder.

6. NH Hotel Group Rewards website

Once the user has been registered as Holder and/or Joint Holder of the Programme in the established manner, they can access the Programme’s private pages provided that they correctly identify themselves as such by entering their access details: email address and password (essential).

By accessing the Programme’s private pages, the Holder and/or Joint Holder can, amongst other operations: consult the Points account statement, see details of the last movements as regards accumulation and use of Points, make donations, modify their personal details, etc.

NH shall not under any circumstances be liable for unauthorised access by a third party to the Programme’s private pages or for the fraudulent use by the Holder/Joint Holder of the data or information.

7. LOSS, DAMAGE OR THEFT OF THE CARD

In the event of loss of or damage to the Silver, Gold and Platinum Cards, the Holder and/or Joint Holder can request a replacement of the Card by calling the NH Hotel Group Rewards Holders Service (+44 0203 49 98 951 / +34 91 398 44 38). In the event that the Card is stolen, the Holder and/or Joint Holder undertake to report the theft to the NH Hotel Group Rewards Holders Service (+44 0203 49 98 951 / +34 91 398 44 38).

Once the theft has been reported, NH shall immediately cancel the account and allocate the number of Points recorded as accumulated to another account which will be provided to the Holder and/or Joint Holder as soon as possible. NH shall not under any circumstances be liable in the event of fraudulent use by third parties, not related to the Holder and/or Joint Holder, of the Card and accumulated benefits.

8. CANCELLATION OF THE PARTICIPATION IN THE PROGRAMME

The (physical) Card shall not have a term of expiry but it can be withdrawn and the participation in the Programme cancelled, for any of the following reasons:

a) On request from the Holder: by applying at www.nh-hotels.com or at the NH Hotel Group Rewards Holders Service.

b) On request from NH:
- When the Holder has not enjoyed the products and services offered by NH in the period of 12 months and/or has not made movements by invoicing, redeeming or donation (under the terms set out in section 11.2 below) in the 12 month period.
- Improper or fraudulent use of the Programme: NH reserves the right to temporarily suspend or definitively cancel any NH Hotel Group Rewards Holder from the Programme due to breach of the Terms and Conditions, irregularity in the payment or inappropriate behaviour in the hotel, without prejudice to NH’s possible right to claim for damages.
- When there are circumstances of force mayor or by legal, governmental or other imposition which make it necessary to cancel the Programme.
- When thus required due to the business strategy of NH.
- Due to the death or disappearance of the Card Holder if there is no Joint Holder.

In all of the above cases, the Holder will automatically lose the right to use the Card and the advantages associated to the Programme, losing all of the Points accumulated in the Points account. In the case of cancellation due to the business strategy of NH, the Holders shall be given a period of 6 months in which they can only redeem their Points, no longer being able to obtain Points and the benefits and advantages associated to them.

In each of the cases listed under b) above, as this is a programme which is free for the Holder they expressly waive any claim for damages against NH for the cancellation of the Card and/or Programme.
Without prejudice to the cancellation of the Holder, the Joint Holder can continue maintaining the account active. The Joint Holder cannot however request the registration of another person as new Joint Holder.

It is absolutely forbidden to sell or swap any Card or advantage of the Programme, and this will lead to the immediate cancellation of the Card and the participation in it.

9. LIABILITY

NH shall not be liable:

a). for the use and/or purpose given to the Card and accumulated Points by the Holder and/or Joint Holder;

b). for any breach of the obligations stipulated for the Holder and/or Joint Holder of the Card;

c). for any defect or fault in the accumulation of Points, data processing, etc. not directly attributable to or reasonably controlled by NH;

d). for any indirect or consequential damage caused to the Holder and/or Joint Holder which may derive from the use of the Card or any of the advantages or services provided under the provisions of this Contract;

e). for the damages which result from the improper use of the Card by the Holder and/or Joint Holder in accordance with the provisions of these General Conditions;

f). for the reliability, availability or continuity of the services remotely made available to the Holder and/or Joint Holder, and this therefore excludes any liability for any type of damages which may be due to the lack of availability, reliability or continuity of its webpage or its services, although it shall try to provide, insofar as possible, technical assistance for the affected person;

g). NH is not bound to control and does not control in advance the absence of virus or elements in the contents which could cause alterations to the software or hardware of the users or persons who visit the Internet pages, and as such shall not be liable for any damages which may be caused to them.

10. OBTAINING OF POINTS

The Points shall be obtained whenever the Holder uses the services offered by NH under the terms and conditions provided at each time. Every Holder must identify themselves as such at the time of registration at the Hotel and when they intend to use the benefits offered by the Programme.

By using and enjoying the establishments and services participating in the Programme, the Holder and/or Joint Holder shall obtain a percentage in Points for all concepts invoiced (net), provided that:
(i) the establishment, services and rates are included in the Programme at each time and (ii) the use of said services is associated to an accommodation invoice.

Only one Card can be presented for each invoice and Points shall be accumulated for a maximum of 5 rooms during the same stay by the Holder.

The Points are accumulated without limit and according to the Holder’s total net invoice with NH or the services adhered to the Programme, with the limitations and restrictions included in these General Conditions.

In relation to the enjoyment by the Holder and/or Joint Holder of the Programme’s promotional offers, a global maximum limit is established of 10% in Points, unless NH decides to increase the maximum limit.
The amount of the Points to be accumulated in the account of the Holder and/or Joint Holder shall be calculated on the net amount of the Holder client’s invoice, without counting the VAT or other taxes which may apply.

The Points shall be granted to the Card Holder who personally stayed at the Hotel or the beneficiary of the service.

10.1 Categories of the Programme

There are four categories in the Programme depending on the stays or nights which the Holder/Joint Holder has accumulated during the Period.
NH shall grant the following categories applying the following criteria:

- NH Blue: This category shall be assigned to the new Holders and to the Holders which have had up to 4 stays or up to 10 nights during the Period. These Holders can benefit from 3% in Points for all net concepts invoiced as set out in these General Conditions.

- NH Silver: This category shall be assigned to the Holders which have had from 5 to 10 stays or from 11 to 20 nights during the Period. These Holders can benefit from 3.6% in Points for all net concepts invoiced, and also benefit from other advantages duly reported on the webpage www.nh-hotels.com.

- NH Gold: This category shall be assigned to the Holders which have had from 11 to 19 stays or from 21 to 40 nights during the Period. These Holders can benefit from 3.9% in Points for all net concepts invoiced, and also benefit from other advantages and promotions which are notified to the Holders on the webpage www.nh-hotels.com.

- NH Platinum: This category shall be assigned to the Holders which have had 20 or more stays or over 40 nights during the Period. These Holders can benefit from 4.2% in Points for all net concepts invoiced, and also benefit from other advantages and promotions which are notified to the Holders on the webpage www.nh-hotels.com.

Regarding the earning or points for all of the net services invoiced, the following rounding up or down will apply:
- When the total amount contains a decimal equal too or less than 5, the point will be rounded down
- When the total amount contains a decimal higher than 5, the point will be rounded up

The possession of a type of Card shall not constitute the advantages associated to it and shall under all circumstances be governed by the real situation of the stays or nights accumulated in their account.

At the start of each new period, based on the stays or nights the Holder / Joint Holder have accumulated during the immediate previous period, NH shall evaluate whether to maintain, upgrade or degrade the category of the Holder / Joint Holder. In relation to the process of categorization, the following will be excluded for purposes of computing non stays or nights,  those reservations that originate with Business or Leisure groups and Airline crews.


In the event that the categorization process would result in an upgrade to a higher category, NH will deliver a welcome gift to notify the Holder / Joint Holder.


Holders of the NH Rewards Programme which in turn are shareholders of NH Hotel Group S.A. will upgrade as follows: (i) to NH Gold category in the event that you have a block of shares of up to 3,000 euros; or (ii) to NH Platinum category if you have a block of shares equal or greater value to 3,000 euros. To manage Holder category upgrade, Holders must prove their shareholder status by sending their securities depository receipt to nhrewards@nh-hotels.com mail. Should no record be accredited, NH Hotel Group reserves the right to not change their category. In case the Holder sells their NH Hotel Group S.A. shares, they must notify NH Hotel Group to evaluate the appropriate category. For the new holders, once they have been registered in the Programme, NH shall give a welcome gift which will be reported to the Holder and they can start to obtain points as of their second stay at a Hotel participating in the Programme. The generally accepted rules shall be used to round up/down the decimal calculation of Points to be accumulated in the account.

11. USE OF POINTS (REDEMPTION)

The Points can be redeemed in order to: i) Pay accommodation, including breakfast and other services (provided that they are managed by NH Hotel Group and are associated to an accommodation invoice) and for rates included in the Programme; ii) make donations to the foundation mentioned below; iii) transfer them to a third person, with the Points given away going into their NH Hotel Group Rewards account.

When an invoice is partially paid by redeeming points, points may be earned on that same part of the invoice.
When an Invoice partially or completely paid by points includes a decimal value, the number of points needed will be rounded up to include that decimal value. For example: An invoice of 135.01 would be settled with 136 points, a value of 45.78 would be paid for with 46 points, 100.99 would be would be paid for with 101 points.


The Points shall be redeemed at the time of the invoice, donation or transfer to third parties.

The Holders shall have a period of 18 months in order to redeem their Points. The Points obtained from each stay shall expire 18 months after the date on which they were obtained, unless they are used beforehand in any redemption.

The Holder is responsible for the payment of any taxes which may apply as a result of the operations charged to Points.

The Points cannot be concerted and/or transferred between the Programme and NH’s other programmes.

11.1 Redemption of Points for accommodation and restaurant services.

At the time the Points are redeemed, the net value of the services used shall be used increased by their corresponding taxes.

For the reservations made directly by the Holder (without intermediaries, like for example travel agencies), “mixed payment” is possible; in these cases the corresponding amount can be paid at the Holder’s discretion with cash, Debit/Credit cards and Points. Otherwise the invoice can only be paid with the Points accumulated by the Holder.

In any event only the presentation of one Card for each stay will be accepted. Furthermore, the “mixed option” will also be allowed under the previous paragraph if the reservation is made by a travel agent using the direct payment at the Hotel option with a rate which allows Points to be redeemed.

Only one type of currency will be allowed for each transaction.

11.2 Redemption of points for donations.

The Holder/Joint Holder can donate Points to the Project which NH has signed with UNICEF.

Each donation request shall be carried out by completing the form at www.nh-hotels.com.

The minimum donation amount is 30 Points. The donations shall not under any circumstances generate new Points.

Once the transaction has been authorised according to the on-line procedure established for such purpose, the Holder and/or Joint Holder shall lose their entitlement over the donated amount and have nothing left to claim against NH for such concept.

The Point value indicated in the donation request may vary according to the conditions established at each time during the period in which the Agreement is in force between NH and UNICEF. NH undertakes to inform the Holder about any modifications in the Point exchange value as soon as possible and without the Holder being able to make any claim against NH under said concept.

11.3 Redemption of Points for transfer to third parties.

The Holder/Joint Holder can transfer their Points to one or more people provided that they are holders of a Card or are registered in the programme at that time. Each request to give away Points shall be made by completing a form.

The minimum amount to be transferred is 30 points and the maximum will be the balance available in the NH Hotel Group Rewards account. Giving points away shall not under any circumstances generate new points.

The points shall be transferred immediately if the recipient is a NH Hotel Group Rewards Holder or Joint Holder. Otherwise the recipient will be asked to register in the programme within 30 days so that the points can be transferred to them. If this period passes and the recipient has not registered with NH Hotel Group Rewards, the operation will be cancelled and the points will be refunded to the account of the Holder/Joint Holder.

Once the transaction has been authorised in accordance with the on-line procedure established for such purpose, the Holder and/or Joint Holder shall lose their entitlement over the donated amount and have nothing left to claim against NH. The transferred points shall keep their original expiry date and as such must be used by the recipient prior to said date.

12. CONFIDENTIALITY AND DATA PROTECTION

NH, registered in the Companies Register of Madrid in Volume 576 Section 3 Folio 34, Page No. 1467, CIF (Tax Code) number A-28.027.944, and all of the other entities in the NH group and other collaborating entities which may be assignees or have had access to personal data of the NH Hotel Group Rewards Card Holder, declare that they act in accordance with and undertake to fulfil the principles established by the current personal data protection legislation and in particular in the Organic Personal Data Protection Act 15/1999, of 13 December (hereinafter LOPD) and complementary regulations.
The data collected within the framework of these General Conditions shall be handled, and included, in files exclusively owned by NH duly registered in the General Data Protection Register of the Spanish Data Protection Agency, for the purposes set out in these General Conditions.

As detailed below, the automated and non-automated collection and processing of the personal data is for maintaining, managing, administrating, increasing and improving the services in which the Holder decides to subscribe, register or use, and to adapt said services to the preferences and tastes of all of the users, and to gauge the degree of satisfaction with the service provided.
On this matter the Card Holder grants their unequivocal consent for their personal details to be transferred, under strict confidentiality, to companies in the NH Group (which can be consulted at www.nh-hotels.com and some of which are located outside of the European Economic Area).
Access by third parties to the data included in the file owned by NH within the framework of the provision of the service is subject to the principles established in said Organic Personal Data Protection Act (LOPD).

The Holder reserves the possibility of exercising their right of access, rectification, cancelation and opposition, by writing to NH Hotels, C/ Santa Engracia 120, 28003 Madrid,
Spain, by email sent to dataprotection@nh-hotels.com or at any of the Hotels in the chain, by filling in the form available for such purpose at the Hotel.

The Holder shall under all circumstances guarantee that the data provided is correct and authentic, and as such the holders are urged to keep the information up-to-date and in accordance with their current situation. As such, NH must be informed about any change of name, address, email, etc. by the Holder or Joint Holder in writing (by post, fax, email or internet), in order to be able to ensure a correct service; otherwise it shall not be liable.

The Holder also grants their express consent so that NH can send it offers for goods and services which they may be interested in, or communications about promotions and events which may give an added value to the Card for the benefit of the Holder themselves whether from NH itself or from third parties related to the leisure-tourism, real estate or hotel and catering sector for advertising and commercial prospection purposes, which may include the sending of commercial information by electronic or mailing methods. NH shall provide the Holder with simple processes so that the Holder can revoke the consent given.

I do not want to receive advertising or commercial information.


In order to provide a more effective service, NH can confidentially provide information to the Holder and/or Joint Holder in relation to its “account statement” and other personal details, in order to provide a correct service.

In order to cancel the data, the contractual relationship shall be considered expired between the Holder and NH provided that there is no claim pending or any situation set out in any special law from forces it to be conserved, twelve months after the cancellation of the Card, all in accordance with the provisions in Organic Act 15/1999, of 13 December.

13. JURISDICTION AND APPLICABLE LAW

The Terms and General Conditions shall be interpreted and applied in accordance with the Spanish legislation. For any issue which arises in relation to the interpretation and application of these General Conditions, the parties, expressly waiving the jurisdiction which may correspond to them, expressly submit themselves to the jurisdiction of the Courts and Tribunals of Madrid (Spain).

May 2016