Terms and Conditions

Transcription

1 Terms and Conditions The Benefits offered under Padma Residents Program shall at all times be determined by and at the sole discretion of Padma Hotels and Resorts (PHR) Group. The Hotel that currently participating in the Program is Padma Resort Legian. I. DEFINITIONS AND INTERPRETATIONS Where the context so admits, the words and expressions specified below shall have the meanings set out opposite them: "Active Member" is defined as any Member having Points activity (accrual or redemption) within the preceding three (3) year period. "Benefits" are defined in Part VII below. "E-Vouchers" are defined in Part VI Paragraph 2 below. "Padma Resident Web Page" is the web page at on which the Program Terms and Conditions and Participating Hotels as well as other relevant information relating to the Program will be displayed from time to time by PHR. "Padma Points" or "Points" are defined in Part IV below "Member" means a member of the Program whose application for membership thereof has been accepted by PHR and who is subject to the membership terms set out in Part III hereof and "Members" means all the Members of the Program. "Privileges" are defined in Part VII below. "Program" means the Padma Resident Program set up by PHR for the benefit of frequent guests of the Participating Hotels. "Eligible Charges" are charges incurred by you on your room account for Eligible Rates, food and beverage, direct dialed telephone, laundry/valet, tennis and squash, fitness center, and beauty salon products and services only. Eligible Charges do not include: a. Room charges that are not included in the definition of Eligible Rates (NOTE: certain prepaid rooms where the booking is made through a third party are not Eligible Rates) including but not limited to: Room rate in conjunction with airline and/or travel industry discounts Room rate of airline crew members paid by the airline Room rate for Group Conventions / Corporate Meetings Complimentary rooms Room rate for One-time long-term stay

2 b. charges for banquets, meetings or other functions c. all third parties company such as Taxi, Spa, Tour and Travel Services, and Sarasvari Store d. complimentary services (including, but not limited to, any Awards earned through the Program) e. taxes of room and other expenses on F&B, gratuities, service charges, concierge and other hotel incidentals and non-hotel expenditures booked and paid for through the Participating Hotel f. any charges not specifically listed as an Eligible Charge "Qualifying Stay" is defined in Part V below. "Rewards" is defined in Part VI below and shall include "E-Vouchers" as defined in Part VI. "Terms and Conditions" means these terms and conditions as amended from time to time. "US Dollar" or "US$" shall mean the currency of the United States of America. II. GENERAL 1. Program Assignment The rights and obligations of PHR under the Program may be assigned or transferred by PHR at any time, and performance of all obligations of the Program Sponsor shall thereafter be the responsibility of the assignee or transferee. 2. Program Availability and Termination PHR reserves the right to restrict, suspend, discontinue or cancel any part of or this entire Program upon thirty (30) days written notice posted on the Padma Resident Website and sent to the electronic mailing address of all Active Members (the "Termination Notice"). No claims for Points will be accepted after the date of the Termination Notice. Any claims made but not approved by the date of the Termination Notice will be deemed invalid and of no effect. Members may redeem earned Points for Rewards up to ninety (90) days after the date of the Termination Notice. Points not redeemed within the said period will be forfeited. 3. Changes in Terms and Conditions PHR reserves the right to change, limit, modify or cancel the Program, these Terms and Conditions, the Benefits, conditions of participation, Rewards and reward levels in whole or part at any time. No Member shall have the right to object to any change implemented by PHR to the Program or these Terms and Conditions or the Benefits which has the effect of affecting or may affect the value of Points or Rewards already accumulated by that Member. 4. Notice of Changes Any changes made to the Program or these Terms and Conditions or the Benefits will be shown on Padma Resident Website and will take effect immediately unless otherwise stated. PHR will attempt to notify Active Members of Program changes, but will not be liable for any failure to do so. All announced changes will be binding on all Members. 5. Restricted by Law This Program will not be offered in jurisdictions where participation in such a rewards-

3 based membership program is prohibited or restricted by law and/or where the award of points and/or the grant of rewards or benefits are not permitted by law or regulation. Guests domiciled in such jurisdictions should not knowingly apply to participate in the Program. Applicants who are domiciled or ordinarily resident in such jurisdictions will not be permitted to participate in or claim Points or Rewards or Benefits under the Program. Existing Members who become or are discovered to be domiciled in or ordinarily resident in such jurisdictions will have their membership of the Program terminated by PHR upon it becoming aware thereof. 6. Program Violations Program violations, fraud or abuse will be subject to appropriate administrative and/or legal action by appropriate governmental authorities. PHR reserves all rights to take appropriate action including, without limitation, the forfeiture of all Padma Point transfers, Rewards, Benefits or merchandise issued pursuant to Point redemptions and any accrued Points in a Member s account, as well as cancellation of the Member s account and the Member s future participation in the Program upon discovery of any violation of the Program Terms and Conditions or fraud or abuse on the part of a Member. 7. Program Interpretation Interpretations of the Program Terms and Conditions shall be at the sole discretion of PHR. The decision of PHR shall be binding on all matters concerning the Program. Neither the Program nor any Benefit offered by the Program creates, constitutes or gives rise to any legal or contractual rights in favor of the Members of the Program against PHR. 8. Restrictions Any accommodations, meetings or other services booked, for which Points are claimed and awarded hereunder, shall at all times be subject to the Participating Hotel s terms and conditions. The Program cannot be used in conjunction with any other promotion or rewards program. III. MEMBERSHIP 1. Conditions To be eligible for membership under the Program, the following conditions must be met: The Member must be an individual traveler. Membership will not be offered to any person who makes bookings or reservations for guests and meeting rooms in hotels for and on behalf of his or her employer. The Member must be at least 21 years of age. Members are allowed only one (1) account per Member. 2. Exclusions The following individuals are not allowed to participate to the Program: Employees of PHR Travel agents and conference agents 3. Participating Hotels The list of Participating Hotels is available from Padma Resident Website and is subject to changes by simple notice posted on the web page, at PHR s discretion. 4. Tier Levels The Program will have two tiers namely, Preferred Padma Resident and Royal Padma Resident.

4 Preferred Padma Resident Minimum 1 stay of eligible direct booking (methods: by /by phone to the hotel or through and online or offline agents. Upon qualification, a guest will be invited to join the program by completing a registration form from the hotel or through Once he/she completes and returns the form to a participating hotel, a notice will be sent to his address that his registration as Preferred Padma Resident (PPR) will be processed and that the result will be informed within 7 working days. Preferred Padma Resident will not receive membership card. Upon expiry, renewal is qualified with a minimum of 1 direct booking stay within the membership period of 3 calendar years. A notice will be sent by to members 3 months before the end of calendar year on the number of qualifying room nights collected and whether they are qualified for membership renewal. The Preferred Padma Resident membership will expire if members do not meet the renewal criteria. Royal Padma Resident Royal Padma Resident (RPR) membership will be awarded by invitation only to Preferred Padma Resident who have garnered thirty (30) eligible nights or more in the preceding thirty six (36)-month period. Members will maintain their RPR membership for a three (3) year term. Upon qualification, a Royal Padma Resident (RPR) will receive a membership card that can be collected at the last Participating Hotel he stayed at. Lost card replacement: First replacement card is free For every subsequent replacement, a replacement fee of US$5 applies Members shall collect the replacement card at the Hotel Royal Padma Residents will start their membership term from the following month in which they qualified to the Royal tier. To retain the Royal tier membership, RPRs must have thirty (30) eligible nights within the next thirty six (36) months or before. Members who fail to meet these renewal criteria will be downgraded back to the Preferred tier, if they have garnered less than 30 room nights. If no room nights are garnered within this 36-month period, their memberships will expire altogether. 1. Registration Process A registration form to join the Padma Resident Membership will be presented to qualified guests upon meeting the Program s qualifying criteria. Upon registration, a Member will be sent the PR ID login and password by electronic mail. Upon receipt of this information,

5 a Member must complete the mandatory registration details online and confirm acceptance of these Terms and Conditions. Padma Resident Membership is not transferable. Use of PR ID for making reservations shall also imply the acceptance of these Terms and Conditions 2. Rejection of Membership PHR reserves the right to refuse any application for membership without obligation to cite a reason for the refusal. 3. Cancellation of Membership PHR may at its sole discretion cancel the membership of any Program Member and revoke any and all unredeemed Padma Points collected by such Member for reasons that include, but are not limited to: violation of these Terms and Conditions misrepresentation of any information or any misuse of this Program by the Member violation of any national, state or local law or regulation in connection with the use of membership benefits failure to pay for hotel charges fraud or abuse by a Member involving any portion of this Program the Member holding more than one active account or any action by the Member which in the opinion of PHR is to the detriment of the Program Cancellation of a Member s participation in the Program shall take effect immediately upon notice served by PHR on the Member concerned, and all Padma Points earned by that Member as at the date of the notice of termination of membership will be forfeited. 4. Termination of Membership by Member Members may cancel their membership by written notice to Padma Resident Member Services at padmaresident@padmahotels.com A Member will have ninety (90) days from the receipt by PHR of the Member s notice of termination to redeem his or her Padma Points. All unredeemed Padma Points will be forfeited after this date. 5. Lapsed Accounts Any Preferred Padma Resident account which remains inactive for thirty six (36) months or more at the end of any calendar year will be deemed to have expired and any unredeemed or unclaimed Padma Points will become void and of no value. Members may re-activate their lapsed account but the previously voided Padma Points will not be reinstated. IV. POINTS 0. Awarding of Padma Points Padma Points are not awarded on fractions of US$1. Padma Points are awarded to Members and added to their account on the basis of one (1) Padma Point for

6 every US$1 of *Eligible Charges* at Participating Hotels. Padma Points are awarded to multiple bookings of up to three (3) rooms for each stay, provided that one (1) of the rooms must be occupied by the Member throughout the said qualifying period and all expenses must be paid by the Member on the same invoice. Padma Points are not awarded on cancelled bookings or bookings which have not been paid in full. A Member must quote his or her PR ID when making bookings. A Member must present his or her Membership ID at check-in and when settling the bill on checkout of the Participating Hotel in order to be awarded Padma Points. 1. Padma Points Have no Cash Value Padma Points are not redeemable for cash or any other form of credit and have no value until presented for redemption in accordance with the Program Terms and Conditions. Padma Points have no fixed or ascertainable cash value. Members have no ownership interest in accrued Points and accrued Points are not the property of the Members. Use of the word "earn" in these Terms and Conditions and in Program marketing materials in relation to Padma Points shall mean "collect" and shall not infer that the Points have any value until they are presented for redemption. Padma Points may not be purchased or sold and are not transferable except as otherwise stated herein. 2. Padma Points Adjustments Padma Points listed in a Member s account are subject to change to reflect actual spend, any adjustments and Program changes. Members who believe that their account activity statement is inaccurate must contact the Padma Resident Member Services at padmaresident@padmahotels.com. Point adjustments will not be made more than sixty (60) days after the last day of the event to which the claimed Padma Points relate. Members must keep all hotel receipts and invoices as they will be required to verify Point adjustment requests. 3. Validity of Padma Points Padma Points are valid for a thirty-six (36)-month period, except when a Member s account lapses, is cancelled, or the Program is terminated. 4. Retroactive Claims on Joining Members cannot claim Points for events at Participating Hotels preceding the date of application for Padma Resident membership. 5. Redeemed Points Points listed as "redeemed" are deducted from a Member s account and can no longer be redeemed or transferred. 6. Exchange Rate For the purpose of calculating the number of Points to which a Member is entitled, the exchange rate used for converting the Qualifying Spending incurred in non-us Dollars into US Dollars shall be the rate selected by PHR at its sole discretion. The calculation of the

7 number of Padma Points on the basis of the then current currency exchange rate is final and binding on Members and cannot be challenged. V. STAYS Record of Qualifying Nights Qualifying nights shall be registered in a Member s record and added to the Member s account if it was paid on the Eligible Rates at the Participating Hotel at which the Member stayed. Qualifying nights shall be registered only to the paying Member in an event where two (2) Members have shared the same room. VI. REWARDS 0. Redeeming Points for Rewards Members may redeem their Padma Points for Rewards online at Padma Resident Website once redemption is successful, a confirmation will be ed to the member. Members must have the required number of Points in their account prior to attempting to redeem Padma Points for Rewards. No top up of points allowed. Except for free room nights and room upgrade rewards, other reward vouchers can only be used when members stay at a participating hotel. All offers and rewards are subject to availability. PHR reserves the right to delete, add, modify or substitute Rewards and the number of Padma Points required to redeem the Rewards or award selections in this Program at any time. 1. Redemption E-Vouchers Redemption of Rewards will be in the form of E-Vouchers. The number of Padma Points required for redemption of Rewards is subject to change at any time. E-Vouchers have no cash value, cannot be returned or exchanged. Expired, lost or stolen E-Vouchers cannot be reissued. The choice of E-Vouchers is subject to change without notice. E-Vouchers are void in jurisdictions where the issue thereof is prohibited. All E-Vouchers must be redeemed in accordance with the procedures specified on the E- Voucher. E-Vouchers are only valid for the individual named on the E-Voucher and are not transferable. E-Vouchers may not be redeemed for cash or any other form of credit. Identification may be required for E-Voucher redemption. Unused portions of partially redeemed E-Vouchers shall be considered fully redeemed. No credit will be given for partially used E-Vouchers. E-Vouchers must be used by the stated expiration date after which they will have no value and cannot be presented for redemption.

8 2. LIMITATION OF LIABILITY PHR MAKE NO GUARANTEES, WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO REWARDS, AND SHALL NOT BE LIABLE FOR ANY LOSS, EXPENSE (INCLUDING, WITHOUT LIMITATION, ATTORNEYS FEES), ACCIDENT OR INCONVENIENCE THAT MAY ARISE IN CONNECTION WITH THE USE OF SUCH REWARDS OR AS A RESULT OF ANY DEFECT OR FAILURE OF SUCH REWARDS. ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE SPECIFICALLY DISCLAIMED. 3. TAX LIABILITY PADMA POINTS OR REWARDS RECEIVED THROUGH PARTICIPATION IN THE PROGRAM MAY BE SUBJECT TO TAX LIABILITY IN THE HANDS OF THE MEMBER OF THE PROGRAM. ALL TAX LIABILITY, INCLUDING AND WITHOUT LIMITATION, DISCLOSURE CONNECTED WITH THE RECEIPT AND/OR USE OF PADMA POINTS OR REWARDS SHALL AT ALL TIMES BE THE RESPONSIBILITY OF THE MEMBER. VII. BENEFITS & PRIVILEGES FOR ROYAL PADMA RESIDENTS 0. Redeeming For Benefits and Privileges Benefits and Privileges may vary between Participating Hotels. Royal Padma Residents must present their Card to redeem Benefits and Privileges. PHR reserves the right to delete, add, modify or substitute Benefits and Privileges in this Program, at any time. All Terms and Conditions of Benefits and Privileges will be updated on Padma Resident Website from time to time. 1. Benefits and Privileges available to Royal Padma Residents Royal Padma Residents are entitled to the following services and recognition as Benefits and Privileges at Participating Hotels. All services are subject to availability and services may vary between Participating Hotels. Complimentary upgrade, subject to availability upon arrival. Valid for 1 room, for member s personal use only. Late checkout until 3 pm. Complimentary airport transfer 1x time hair wash and blow at Lotus Beauty Salon for 2 persons* 1x time free laundry for 2 pieces of clothes* 1x time free theme dinner voucher for 2 persons* *Valid and cumulative for qualifying bookings of a minimum of 7 room nights, 14 room nights and a maximum of 21 room nights. Family booking consider of 1 room booking VIII. MISCELLANEOUS 0. Personal Data - Update of Personal Information Each Member is responsible for advising PHR of any personal information changes. A Member may choose to update his or her personal information via Padma Resident

9 Website. Data collected in conjunction with the Padma Resident Program shall be considered the property of PHR at all times. 1. Use of Information Collected PHR may share a Member s data and information which it collects as part of this Program with its personnel. 2. Legal Requirements - Disclosure of information PHR will also disclose a Member s data and information, without the Member s permission, if PHR believes, in good faith, that such disclosures are required by any applicable law or court order or if such disclosures are necessary to investigate activities that may be harmful or injurious to PHR or to PHR website, to hotel guests, employees, or agents or to any Participating Hotels. 3. Service Providers PHR relies on third parties to provide services both through the Padma Resort Bali website and in other communications with Members and potential Members of the Program. While PHR generally requires such service providers to conform to these privacy policies and guidelines, PHR cannot control and shall not be responsible for their conduct if they fail to abide by these policies and guidelines. 4. Third Party Websites PHR cannot control and is not responsible for the collection of personal information by third-party websites, including websites owned or controlled by hotel room sellers, travel companies, or other distributors or any websites not controlled or authorized by PHR. Members may be able to access third-party websites through links on the Padma Resort Bali website. Such third-party websites have their own separate privacy practices. PHR has no control over and no responsibility or liability for the practices and policies implemented by such third parties on their websites. Certain third-party websites may have received permission from PHR to use PHR trademarks, but may not provide a link to these Terms and Conditions or to the PHR Privacy Policy and Disclosure. Members should communicate directly with such websites to get information about their privacy practices and policies. These Terms and Conditions and the PHR Privacy Policy and Disclosure do not cover customers who enter the Padma Resort Bali website through links from non-phr sites, such as those of advertisers or other content providers. 5. Effective Date These Terms and Conditions became effective as of 15 December 2009 and may be amended from time to time.