Terms and Conditions

CQ REWARDS LOYALTY PROGRAM TERMS AND CONDITIONS

Effective Date: October 22, 2018

These Terms apply to the CQ Rewards Loyalty Program (“Program”). The Program is provided by Club Quarters Hotels, Shared Mutual Services, LLC, their direct and indirect subsidiaries, direct and indirect parent entities, or affiliates (collectively, “CQ Hotels,” “we,” “our,” or “us”). The Program is a customer loyalty program through which CQ Hotels offers eligible individuals who choose to sign up for the Program (any, a “Participant”) the opportunity to earn points redeemable for rewards, as explained in these Terms.

From time to time, a separate contract, terms of service, or a similar agreement (“Additional Terms”) may apply in connection with the Program – for instance, in connection with a special offer, promotion or sweepstakes. To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.

Residents of the United Kingdom: Certain special provisions apply to an individual who is a “consumer” (defined as an individual acting wholly or mainly outside of their trade, business, craft or profession) residing in the United Kingdom (“UK”). These special provisions are contained in Appendix 1 (“Special Terms for Consumers in the United Kingdom”), which are a part of these Terms.

1. Eligibility for the Program

   To be eligible to participate in the Program, individuals must be at least 18 years of age and be able to enter into binding contracts. By agreeing to participate in the Program, you represent and warrant that you are at least 18 years of age.

2. Earning Points

   Ten points will be awarded per stay (and not on a per night basis), subject to the requirements and restrictions stated in these Terms. Points are awarded following check-out, typically within 24 hours. A “stay” is defined as the total number of consecutive nights spent at the same hotel, regardless of the number of check-in/check-outs. Separate reservations made in the same hotel for consecutive nights will not earn additional points.

   The following requirements apply to a stay:

   • Only stays at Club Quarters Hotels and its partner hotels (which include The Jewel facing Rockefeller Center, World Center Hotel, Hotel Boutique at Grand Central, Central Loop Hotel, River Hotel, and The Grand at Trafalgar Square) are eligible for points.
   • Points are awarded on stays that are booked directly through CQ Hotels (including by phone, or via our websites or mobile app), via corporate travel agencies, and corporate booking tools, such as Concur.
   • Without limitation, the following types of reservations are not eligible for points: airline crew reservations, "Night on the House" reservations, “Friends and Family” reservations, promotional or rewards rate reservations, and reservations booked through online travel agencies (e.g., Booking.com, Expedia, Priceline, Hotwire). CQ Hotels reserves the right to exclude additional types of reservations from eligibility for points in its sole discretion.
   • Points will be awarded only for stays that are registered to and consumed by the Participant, where the Participant’s CQ Rewards number was provided at the time of reservation or check-in. CQ Hotels may, in its sole and absolute discretion, award points for Participants who contact CQ Hotels promptly after a stay and provide their CQ Rewards number, the CQ Hotels location, and confirmation number.
   • Upon request, CQ Hotels will award ten points to a Participant who registers for an additional room that is consumed by the Participant’s “immediate family” (defined as spouses, partners, children, parents, in-laws, brothers, and sisters) who travels with the Participant for the Participant’s stay, provided that the additional room would qualify for points if consumed by the Participant. Participants may request credit for an “immediate family” stay by emailing info@cqrewards.com with their CQ Rewards number, the CQ Hotels location, and the confirmation numbers for both reservations. CQ Hotels reserves the right to request evidence of the family connection and to decline to award an additional point where CQ Hotels determines that the stay is not for immediate family.

   Upon request, CQ Hotels will award points for qualifying stays up to 30 days prior to enrollment in the Program. Credit must be requested for such stays within 90 days of enrollment. To request points for such stays, Participants may email info@cqrewards.com with their CQ Rewards number and the CQ Hotels location and confirmation number for the stay(s) for which points are requested.

   No points will be granted for cancelled or no-show reservations, regardless if cancellation charges were applied.

   When traveling on business, it is the Participant’s responsibility to comply with his or her employer’s policy concerning travel programs. Participants may not request or accept Points where prohibited by such policy. Information regarding a Participant’s accumulation of points for business travel is subject to disclosure to the Participant’s employer.

   Points have no cash value. The awarding and redemption of points are void where prohibited by law.

3. Loss of Points, Expiration and Termination of Participation or Program

   CQ Hotels reserves the right to monitor and audit the profiles of any Participant, at any time and without notice, for compliance with these Terms and any other applicable terms or legal agreement applicable to the Participant.

   Points earned for a stay expire one year from the date of check-out for that stay and will be removed from a Participant’s account upon expiration. Points must be redeemed prior to their expiration; unredeemed points will not be reinstated.

   CQ Hotels reserves the right, in its sole and absolute discretion, without prior notice, to (a) void points, (b) terminate a Participant’s participation in the Program, and (c) rescind reward redemptions, in the event of (i) fraud, (ii), misrepresentation, (iii) abuse, (iv) improper conduct, (v) violation of law, (vi) violation of or default under these Terms or any other agreement between a Participant and CQ Hotels; or (vii) failure to pay monies due and owing to CQ Hotels. Upon CQ Hotels’s termination of an individual’s participation in the Program, all points held by that individual be deemed voided.

   In addition, points may be voided if they are (i) sold, (ii) exchanged, (iii) hypothecated, (iv) issued to an ineligible person, or (v) or issued in contravention of a policy concerning travel programs of the Participant’s employer where the Participant is traveling on business.

   If CQ Hotels rescinds a reward redemption for a room reservation, CQ Hotels will make a reasonable attempt to notify the individual whose contact information is associated with the room reservation before the date of the reservation, if practicable.

4. Redeeming Points

   A Participant may redeem points via cqrewards.com. A Participant may view a full list of redemption options and the respective terms and conditions associated with each redemption option via cqrewards.com. CQ Reward options are subject to change at any time, without notice, in CQ Hotels’ sole and absolute discretion.

   Points may not be exchanged or redeemed for cash, prizes or credit. Points are non-transferable. Rewards may be subject to additional terms and conditions, which will be disclosed.

5. Night on the House Certificates and Reservations

   “Night on the House” reservations are subject to a $25/£15 service charge. “Night on the House” is available on weekends and holiday periods; CQ Hotels may limit the dates for which a “Night on the House” reservation is available. The “Night on the House” program is based on availability and must be requested at the time of reservation by calling Member Services at +1.203.905.2115 or +44 (0)20 7451 5950. Complimentary room is for two guests; standard extra person charges apply for additional guests 12 and over. Complimentary room is a standard room; upgrades are available for a supplemental charge. “Night on the House” certificates expire 12 months from date of issuance. Points cannot be redeemed for hotel services and other incidentals associated with a “Night on the House” reservation.

6. Taxes

   Point or rewards earned through the Program may be subject to tax liability; any liability is the sole responsibility of the Participant.

7. Modification of these Terms; Modification or Termination of the Program

   We reserve the right, in our sole discretion and at any time, to change or add to provisions of these Terms without prior notice (“Updated Terms”). You agree that we may notify you of the Updated Terms by posting them on our website cqrewards.com so that they are accessible via a link from the home page. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Program from that point forward.

   Subject to applicable legal requirements, CQ Hotels may modify or terminate the Program at any time, in its sole and absolute discretion. If CQ Hotels modifies or terminates the Program, Participants may not be able to redeem points for certain rewards previously offered, or at all.

8. Sweepstakes, Contests & Promotions

   CQ Hotels may offer sweepstakes, contests, or other promotions in connection with the Program, which may be governed by a separate set of official rules and have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read the applicable rules to determine whether or not your participation, registration or entry will be valid or restricted and to determine the sponsor’s requirements of you in connection with the applicable sweepstakes, contest, or promotion.

9. Governing Law

   For UK consumers, this Section is subject to paragraph (4) of Appendix 1 (Special Terms for Consumers in the United Kingdom ).

   The validity and interpretation of these Terms, the rights and obligations hereunder, and all causes of action (whether sounding in contract, tort, or otherwise) arising out of or related to these Terms, the termination of these Terms, participation in the Program, are to be governed by, and construed in accordance with, the substantive laws (as distinguished from the choice of law rules) of the State of New York and the United States of America applicable to contracts made and performed entirely in New York. You agree that any action at law or in equity arising out of or in any way relating to these Terms will be filed only in the state or federal courts located in New York County, New York, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

   Both you and CQ Hotels waive the right to bring or resolve any dispute arising out of or related to these Terms as a class, consolidated, representative, collective, or private attorney general action, or to participate in any such action brought by anyone else. YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY. The foregoing shall not apply to the extent that applicable law in your country of residence requires application of another law and/or jurisdiction and this cannot be excluded by contract.

10. Indemnification

    This section does not apply to UK consumers. See paragraph (1) of Appendix 1 (Special Terms for Consumers in the United Kingdom).

    You agree to indemnify, defend and hold harmless CQ Hotels, and their affiliates, including without limitation, their direct and indirect parent companies, direct and indirect subsidiaries, supporting organizations, their predecessors and successors to any interest, their licensees, distributors and assignees, and the officers, managers, partners, trustees, directors, shareholders, members, agents, representatives, employees, contractors, and suppliers of each of them (each, as used throughout these Terms, a “CQ Hotels Party” and, collectively, the “CQ Hotels Parties”), from and against any and all claims, demands, damages, losses, investigations, liabilities, judgments, settlements, costs (including attorneys’ fees), or other expenses that directly or indirectly arise from or are otherwise directly or indirectly connected to: (a) your breach or anticipatory breach of these Terms; (b) your use of or participation in the Program; (c) your violation of any law, rule, regulation, code, statute, ordinance or order of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (d) any misrepresentation made by you; or (e) the Club Quarters Parties’ use of your information as permitted under these Terms, the Privacy Notice, or any other written agreement between you and CQ Hotels. You will cooperate as fully required by the CQ Hotels Parties in the defense of any claim. CQ Hotels reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of CQ Hotels.

11. No Warranties

    For UK consumers, this Section is subject to paragraph (2) of Appendix 1 (Special Terms for users in the United Kingdom).

    THE PROGRAM IS PROVIDED "AS IS," "WITH ALL FAULTS," AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CQ HOTELS PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, CUSTOM, TRADE, QUIET ENJOYMENT AND FITNESS FOR A PARTICULAR PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

    THE CQ HOTELS PARTIES SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, DEATH, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST BUSINESS, LOST PROFITS, OR BUSINESS INTERRUPTION) BASED UPON OR RESULTING FROM THE PROGRAM.

12. Limitation of Liability

    This Section does not apply to UK consumers. See paragraph (3) of Appendix 1 (Special Terms for Consumers in the United Kingdom).

    TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NONE OF THE CQ HOTELS PARTIES ARE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, ECONOMIC, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY, DIRECTLY OR INDIRECTLY, TO (A) YOUR PARTICIPATION IN OR USE OF, OR INABILITY TO PARTICIPATE IN OR USE, THE PROGRAM; (B) YOUR USE OF OR INABILITY TO USE ANY REWARD OBTAINED IN CONNECTION WITH THE PROGRAM (INCLUDING, WITHOUT LIMITATION IN THE EVENT OF A LOST OR STOLEN REWARD, AN EXPIRED REWARD, OR THE INSOLVENCY OF THE PROVIDER OF THE REWARD); (C) ANY ERRORS OR OMISSIONS IN CONNECTION WITH OUR OPERATION OF THE PROGRAM, EVEN IF FORESEEABLE OR EVEN IF THE CQ HOTELS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PARTICIPATION IN THE PROGRAM. IN NO EVENT WILL THE CQ HOTELS PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

    YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY PORTION OF THE PROGRAM IS TO STOP USING THE PROGRAM, AND THE SOLE AND EXCLUSIVE MAXIMUM AGGREGATE LIABILITY TO THE CQ HOTELS PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL BE THE GREATER OF ONE DOLLAR ($1) OR THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO PARTICIPATE IN THE PROGRAM. FOR THE AVOIDANCE OF DOUBT, AMOUNTS PAID TO PARTICIPATE IN THE PROGRAM DO NOT INCLUDE AMOUNTS PAID TO RESERVE ANY HOTEL ROOM.

    CQ HOTELS SHALL BE EXCUSED FROM PERFORMANCE UNDER THESE TERMS TO THE EXTENT CQ HOTELS IS PREVENTED FROM OR DELAYED FROM PERFORMING, IN WHOLE OR IN PART, AS A RESULT OF AN EVENT OR SERIES OF EVENTS CAUSED BY OR RESULTING FROM (1) WEATHER CONDITIONS OR OTHER ELEMENTS OF NATURE OR ACTS OF GOD, (2) ACTS OF WAR, TERRORISM, INSURRECTION, RIOTS, CIVIL DISORDERS, OR REBELLION, (3) QUARANTINES OR EMBARGOES, (4) LABOR STRIKES, OR (5) OTHER CAUSES BEYOND THE REASONABLE CONTROL OF CQ HOTELS .

    YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF ANY CQ HOTELS PARTY’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF THE PROGRAM OR ANY OF CQ HOTELS PARTIES’ PROPERTY, PRODUCT, OR SERVICE.

    BY PARTICIPATING IN THE PROGRAM, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

13. Privacy Notice

    CQ Hotels information practices are described in its Privacy Notice, https://clubquartershotels.com/privacy-policy. You agree that you have read our Privacy Notice, and agree that it is acceptable to you. By agreeing to these Terms and/or participating in the Program you agree that you consent to the information handling practices and other provisions in our Privacy Notice.

14. Miscellaneous

    You acknowledge and agree that these Terms and any applicable Additional Terms constitute the complete and exclusive agreement between you and CQ Hotels concerning the Program. If any provision of these Terms are found to be unlawful, void, or for any reason unenforceable, then that provision shall be modified to the least extent necessary to make it enforceable and shall not affect the validity and enforceability of any remaining provisions. These Terms and any rights herein, if any, are not assignable, transferable or sub-licensable by you except with the prior written consent of a duly authorized CQ Hotels employee. CQ Hotels may assign these Terms and any rights contained herein without your prior notice or consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or paragraph title contained in these Terms are inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof. Nothing contained in these Terms of Use shall be construed as creating any agency, partnership, or other form of joint enterprise between you and CQ Hotels. You agree that these Terms will not be construed against CQ Hotels by virtue of having drafted these Terms.

15. Contact

    If you have any comments or questions regarding these Terms, or wish to report any violation of these Terms, please contact us at:

    CQ Hotels
    Attn: Legal Department – CQ Rewards
    One Atlantic Street, 5th Floor
    Stamford, CT 06901<
    legal@clubquarters.com

    Appendix 1: Additional Terms for Consumers in the United Kingdom

    This Appendix 1 applies to a consumer residing in the UK.

16. Your liability

    Please note that you will be responsible for any losses, expenses or costs incurred by CQ Hotels resulting from your deliberate breach of these Terms, and your violation of any law. You will also be responsible for all costs allowable if an award is made by a court or arbitration in our favor in relation to any of your violation of the Terms.

17. Disclaimers

    Where any applicable legislation implies any warranties, guarantees or conditions or imposes obligations upon us which cannot lawfully be excluded, restricted or modified except to a limited extent, these Terms must be read subject to those statutory provisions. Any legal rights which you have as a consumer, which cannot be excluded or limited, will not be affected by the provisions of these Terms. To the maximum extent permitted by such legislation, our liability for a breach of that condition, guarantee or warranty will be limited to the Cap (as defined at 4(b) below).

    Our liability

    • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and/or for fraud or fraudulent misrepresentation.
    • If we fail to comply with the provisions of these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill only, but we are not responsible for any loss or damage that is not foreseeable nor caused by our breach nor for factors which could reasonably be considered to be outside of our control. In no event shall the total sum of our liability to you exceed one hundred US dollars ($100.00) (the Cap).
    • We only supply the Program for domestic and private use. Subject to (2) and 3(a) above, if you use the Program for any commercial or business purposes, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

    Venue

    • You can bring legal proceedings in respect of the Program in the English courts.

18. Miscellaneous

    The Terms are not enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to these Terms.