Club 1 Hotels Members are entitled to a suite of benefits to improve their travel experience including the most desired 3, 4, and 5-star independent and brand hotels and resorts located in the most sought after destinations in over 203 countries. Club 1 Hotels Members enjoy exclusive rates at top car rental companies, golf courses, vacation rental homes, and activities and attractions worldwide. Membership also includes access to 1,200 airport clubs and VIP lounges located in over 130 countries and 500 cities; Members simply pay $27.00 per person, per visit. Offerings are subject to change; view up-to-date offerings in your Membership Log-in.
Guaranteed Savings General Terms:
The “Guaranteed Savings” policy applies only to online rates currently available to the general public and excludes rates or discounts that are not available to the general public, including, but not limited to, corporate, group, charter, meeting/convention, AAA, government/military, and senior citizen rates/discounts. Maximum one room per member per stay. Cannot be applied to multiple reservations for the same room and dates. Multiple claims for consecutive nights at the same hotel is prohibited.
The “Guaranteed Savings” policy does not apply to hotel rooms booked through or in combination with frequent stay, loyalty, points, or other reward type programs, rooms booked through coupon promotions, won through contests or sweepstakes or transferred, or rooms booked on opaque websites that do not allow you to see the name of the hotel until your reservation is complete (such as Hotwire’s “Hot Rates” or Priceline’ “Name Your Own Price”).
The “Guaranteed Savings” policy cannot be combined with any other Club 1 Hotels promotional offers including booking credits and discounted gift cards.
The “Guaranteed Savings” policy applies to the total cost including taxes and booking fees. Furthermore, the “Guaranteed Savings” only applies if the total competitor cost is lower than the one offered by Club 1 Hotels. Promotional packages, deals, or bundles that may include additional amenities such as parking, meals, or entertainment are not eligible.
Club 1 Hotels reserves the right to deny any claims that cannot be verified, do not meet eligibility requirements, or for which you have provided incomplete information.
Club 1 Hotels will not be liable for the payment of any refunds under the “Guaranteed Savings” policy with respect to rates loaded in error by another party or any printing, typographical, administrative, or technological errors in materials relating to rates provided by other parties.
Void where prohibited by law. Club 1 Hotels reserves the right to modify or cancel the “Guaranteed Savings” policy at any time without prior notice. Any modification will be effective upon posting of modified “Guaranteed Savings” Terms and Conditions on the Club 1 Hotels website. Any cancellation will be effective upon removal of references to the “Guaranteed Savings” policy from Club1Hotels.com
If you wish to make a change or cancel your reservation, you must email MemberServices@Club1Hotels.com
Club 1 Hotels allows for the sharing or otherwise allowing anyone other than the individual registered in the account to use and access the Club 1 Hotels account.
At times, Promotional Pre-Paid Memberships may be offered through 3rd party partners who collect payment directly from the customer (you) and provide a PIN (Personal Identification Number), which can be used to complete the memberships registration process on Club 1 Hotels. Memberships purchased via 3rd party partners that result in the delivery of a PIN can be cancelled with a 30 days’ notice.
You may cancel your membership at the end of your existing membership term.
How to Cancel
Members can cancel their membership up to seven or thirty days (seven for monthly subscription memberships and thirty for annual memberships) from the date of purchase as long as no bookings were made. To cancel your membership please contact Club 1 Hotels Member Services at MemberServices@Club1Hotels.com.
Fees and Renewal
Annual Memberships will be billed monthly. Credit cards are the only eligible method of payment for Club 1 Hotels Membership.
Termination by Club 1 Hotels
We may terminate your Club 1 Hotels Membership at our discretion without notice. We will not give any refund for termination. We will terminate accounts related to misconduct, including any misconduct that violates these terms, any applicable law, fraud or misuse of the Club 1 Hotels Membership, or is harmful to our interests of another member. We may also terminate your account if we determine that fraudulent payment or address information and/or incomplete or invalid information was provided during the signup process, or the country of origin where the application emanated from has been identified as a prohibited country. Our failure to insist upon or enforce your strict compliance with these policies will not constitute a waiver of our rights.
Hotel Reservation Payment
Your credit card is charged in full at the time you book a reservation. The amount you pay is the amount charged to us by the lodging vendor and the booking fee retained by us for booking the reservation. You authorize us to charge you for the total reservation price, which includes the amount shown for the reservation plus recovery of the tax charges and booking fee. Upon charging your credit card, you authorize us to complete your lodging reservation on your behalf, including making payment arrangements with the suppliers.
Your credit card will be charged in the equivalent United States Dollar Amount, regardless of the currency displayed.
We reserve the right to accept or refuse membership in our sole discretion.
The policy was last modified on May 25, 2018
What information we gather and use
When you use the Club 1 Hotels Site, the booking engine or other services available through the Club 1 Hotels Site, we collect certain Personal Information, such as your name, email address, telephone number, username, password, mailing address, rewards number, credit/debit card number and related information.
We display personal testimonials of satisfied customers on our Site in addition to other endorsements. With your consent we will post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us using the information listed below.
If you access the Club 1 Hotels Site from a mobile device, with your consent, we will also gather geographic location information from you, to better customize your experience using the Club 1 Hotels Site.
As is true of most websites and apps, we also gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, device ID, and clickstream data. We use this information, to analyze trends, to administer the Site, to track users’ movements around the Site and to gather demographic information about our user base as a whole. We do not consider this automatically-collected data to be Personal Information except where we can link it to you as an individual or where applicable law requires us to.
How we use information
We share and use the information we collect in the following ways:
• To administer the Site: Your information helps us provide you with the services offered on our Site.
• To personalize your experience: Your information helps us to better respond to your individual needs.
• To improve our Site: We continually strive to improve our offerings based on the information and feedback we receive from you.
• To improve customer service: Your information helps us to more effectively respond to your customer service requests and support needs.
• To process transactions: Specifically, your information will be shared with hotels and other travel partners to process transactions made on the Club 1 Hotels Site, and to third party providers of credit card transaction.
• To send periodic emails: The email address you provide for order processing will be used to send you information and updates pertaining to your order. We will also email you about specials and promotions offered through our Site, with your consent where required (see, “Unsubscribing from Club 1 Hotels Emails” below).
(1) Certain regions, such as the European Union, require us to explain the legal bases we rely on to collect and process your Personal Information. We rely on: (1) Necessity to perform contract with you – we need to process your Personal Information in order to provide our travel reservation services to you, answer questions and requests from you, and provide customer support;
(2) Our legitimate interests – we process your information to maintain the security and safety of the Site, to detect and prevent fraud, to protect and defend the rights or property of others, or our own rights and interests, to customize and provide our reservation travel services to you, and to respond to lawful requests, court orders, and legal process;
(3) Compliance with legal obligations – we need to process your information to comply with relevant laws and regulatory requirements, such as to substantiate tax liability; and
(4) Consent – we rely on consent for direct marketing communications and certain cookies, which you can opt out of as detailed below.
Sharing your information
• With trusted third parties (such as hotels and other travel partners, credit card processors) who assist us in operating our business, processing credit card transactions or otherwise conducting our business, or providing services to you, so long as those parties agree to keep this information confidential. These companies are authorized to use your Personal Information only as necessary to provide these services to us. We will not sell, rent, loan or disclose your Personal Information to third parties for their direct marketing purposes without your consent. However, non-personally identifiable visitor information will be provided for marketing, advertising, or other uses.
• With our affiliated group companies who have access to this information with our permission and who need to know or have access to this information to perform the service requested by you (including customer services) and internal (audit/compliance) investigations.
• With regulatory authorities, courts, government agencies and other third parties when permitted or required by applicable law/regulation, to comply with a subpoena or similar legal process, to enforce Club 1 Hotels Site policies, or protect ours or others rights, property, or safety.
• In connection with a business transfer, if Club 1 Hotels is involved in a reorganization, merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Site of any change in ownership.
Protecting your information
We want you to feel confident about using our website and we are committed to protecting the information we collect. While no website can guarantee safety, we implement commercially reasonable security measures to maintain the safety of your Personal Information when you place an order or enter, submit, or access your Personal Information on the Site.
All supplied sensitive information (such as credit/debit card information) is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential. After a transaction, your credit card number(s) will not be stored on our servers, unless your reservation type requires us to forward such information to the hotel provider. Any credit/debit card numbers are processed, stored and transferred in a PCI compliant manner. Since no method of electronic processing, storage or transmission is 100% secure, if you have reason to believe that your experience on the Site is no longer secure (such as your account has been compromised), please contact us immediately as detailed below.
Cookies are small files that a website or its service provider transfers to your computer’s hard drive through your web browser (if you allow) that enables the websites or service providers’ systems to recognize your browser and capture and remember certain information. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. We use session and persistent cookies to help us remember and process the items in your shopping cart and understand and save your preferences for future visits. If you prefer, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off certain cookies via your browser settings. Like most websites, if you turn certain cookies off, some of our services may not function properly.
You can opt-out of receiving targeted advertisements by visiting www.networkadvertising.org/choices/ or www.aboutads.info/choices. However, even if you opt-out such technology, you may continue to receive advertisements from the relevant ad network, but the advertisements will not be tailored to your browsing activities and interests. Please also visit here to opt out of Google Analytics.
At this time the Site is not configured to honor browsers’ “Do Not Track” signals.
Updating and correcting information
We encourage you to promptly update your Personal Information if it changes. You can correct, update, amend, remove, or ask to have it removed by making the change on your user account settings page, or exercise any rights under applicable law, including to access, delete, restrict, object or transfer your Personal Information by emailing our Member Services Team at email@example.com or by contacting us by postal mail at the contact information listed below. If you no longer desire our service, please contact us directly using the same contact information. We will comply with requests under this section as soon as reasonably practicable as required by applicable law.
We will retain your Personal Information for as long as your account is active or as needed to provide you services. However, we will need to retain and use certain Personal Information for record keeping purposes, such as to complete and process any transaction you began prior to any request, as necessary to comply with our legal obligations, such as our tax, fraud and compliance obligations, to resolve disputes, or for other purposes as required or permitted by applicable law. In addition, please note that even if you opt-out of receiving marketing communications from us, we will still need to send you service-related communications and may need to keep Personal Information we have collected about you for record-keeping in order to honor your requests, research and other purposes.
Unsubscribing from Club 1 Hotels Marketing
We use your name and email address to send our promotions, newsletters and company news to you. Out of respect for your privacy, you can choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails, accessing the email preferences in your account settings page or you can contact us at firstname.lastname@example.org.
Links to other websites
The Club 1 Hotels Site is a general audience website and does not offer service directed to children. Should a child whom we know to be under 13 send personal information to us, we will use that information only to respond directly to inform the Child that we must have parental consent before receiving the child’s personal information.
Club 1 Hotels, LLC.
Club 1 Hotels
1000 N. Milwaukee Ave.
Chicago, IL 60642
(Available 24 hours a day, every day)
(a) Club 1 Hotels Connects you to Providers of Travel Services
The site is intended to facilitate your booking of hotel rooms and other travel related products from vendors that provide those product and services. Club 1 Hotels is not involved in providing the services. As a result, Club 1 Hotels has no control over the quality, safety, or legality of the products and services offered, nor the truth or accuracy of the listings, or the availability of the vendors to offer services. In the event that you have a dispute with one or more vendors, you release Club 1 Hotels (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands, and damages (actual and consequential) of every kind of nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out, or, in any way, connected with such disputes.
We do not guarantee the accuracy of lodging ratings on the site. While we provide what we consider appropriate ratings, these are intended merely as guidelines and not as any form of guarantee. Lodging providers are constantly making changes and renovating their products. Although we attempt to keep the site updated, we do not guarantee the accuracy of any ratings on the site nor do we make any guarantee that the lodging establishment is not undergoing any renovations. Ratings provided are intended to provide a single qualitative assessment of the entire property or service. Individual rooms or components of a provider’s offering may better or worse than implied in the rating.
(c) No Representation or Warranty
Club 1 Hotels makes no representation or warranty of any kind, either express or implied, as to whether (1) a vendor is licensed or authorized to provide the products or services it is offering; (2) the quality, identity or reliability of any vendor; (3) the fairness of any terms and conditions, including price, offered by a vendor; (4) any of the information provided by a vendor is accurate; or (5) a vendor is in good financial condition or has good reputation and business practices; and (6) and the vendor will be operating at the reserved time.
(d) Linked Sites
Some links on Club 1 Hotels refer you to third party sites not under the operation or control of Club 1 Hotels. We are not responsible for the content of any such sites and we provide these links to you only for convenience. The inclusion of any links to these sites does not imply endorsement by points of the linked site.
You may not book more than 8 rooms online for the same hotel/stay dates. If we determine that you have booked more than 8 rooms in total in separate reservations, we may, at our sole discretion, cancel your reservation(s), and charge you any applicable cancellation fees. If you purchased a non-refundable rate or rates for special events (i.e. Mardi Gras, Super Bowl, etc.) the cost of your entire reservation may be subject to forfeiture. If you wish to book 9 or more rooms, you must contact our Group Travel Specialists by email at MemberServices@Club1Hotels.com and/or call us at +1 312-819-2446 from 6:30 am to 11:30 pm, Central Standard Time, seven days a week. Provided we agree to accept the booking, you may be asked to sign a written contract and/or pay a nonrefundable deposit, depending upon the nature of your request.
(f) The Information on the Site is Proprietary to Club 1 Hotels and our Suppliers
Except for making copies of your itinerary and related documents, you agree not to in anyway copy, modify, publicly sell, or otherwise use any information or services provided by the site. You agree not make any speculative or fraudulent reservations, use the site for any commercial purpose, or link to or incorporate any part of this site without our prior written permission.
(g) Changes to and Cancellation of Prepaid Hotel Reservations
You agree to pay any cancellation or charge fees that you incur.
- You may cancel or change your prepaid hotel reservation, but you will be charged the cancellation or charge fee indicated in Rules and Restrictions for the hotel reservation.
- In limited cases, some hotels do not permit changes to our cancellations of reservations after they are made, as indicated in the Rules and Restrictions for the hotel reservation.
If you do not cancel or change your reservation before the cancellation policy period applicable to the hotel you reserved, which varies by hotel (usually 24 to 72 hours) prior to your date of arrival, you will be subject to a charge equal to applicable nightly rates, tax recovery charges, and service fees. In the event you do not show up for the first night of the reservation and plan to check-in for subsequent nights in your reservation, you must confirm the reservation changes with us no later than the date of the first night of the reservation to prevent cancellation of your reservation.
(h) International Travel
You are responsible for ensuring that you meet foreign entry requirements and that your travel documents, such as passport and visas (transit, business, tourist, and otherwise), are in order and any other foreign entry requirements are met. Club 1 Hotels has no special knowledge regarding foreign entry requirements and travel documents. We urge members to review travel prohibitions, warnings, announcements, and advisories issued by the relevant governments prior to booking travel to international destinations.
Passport and Visa: You must consult the relevant Embassy or Consulate for this information. Requirements may change and you should check for up-to-date information before booking and departure. We accept no liability if you are refused entry onto a flight or into any country due to your failure to carry the correct and adequate passport, visa, or other travel documents required by any airline, authority, or country, including countries you may just be transiting through. This includes all stops made by the aircraft, even if you do not leave the aircraft or the airport.
Recommended inoculations for travel may change and you should consult your doctor for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip.
BY OFFERING RESERVATIONS FOR TRAVEL PRODUCTS IN PARTICULAR INTERNATIONAL DESTINATIONS, CLUB 1 HOTELS DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH AREAS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
TERMS OF SERVICE
This Terms of Service Agreement is between you and Club 1 Hotels (“Club 1 Hotels” or “us” or “we”) and governs your use of the Club 1 Hotels website, and the services we provide to you, including web browsers (e.g. mobile websites, smart phone mobile or tablet applications). If you do not agree with all of the provisions of this agreement, then do not access and/or use the site or services.
1. User Content
2. Service Modifications
Club 1 Hotels reserves the right, at any time, to modify the Club 1 Hotels content (as defined below in the conditions of use), the service, or any part thereof with or without notice.
3. Membership and Service Eligibility
If you are under the age of 18, you are not eligible for Club 1 Hotels membership. Club 1 Hotels reserves the right to refuse service, terminate accounts, remove or edit content in our sole discretion.
4. Membership Registration, Renewal, and Cancellation
(a) Membership Fees: If you are purchasing a membership subscription for yourself, you agree to pay the applicable fee for your membership subscription. From time to time we may offer different subscription terms and the membership fees for such subscriptions may vary. We only accept credit cards for payment of your Club 1 Hotels membership. Membership fees are fully earned upon payment.
(b) Membership Plans
We may offer a number of membership plans including special promotional plans or memberships with different limitations. Some of these promotional memberships are offered by third parties in conjunction with the provision of their own products and services. We reserve the right to modify, terminate, or otherwise amend our offered membership plans.
Once you have paid for your Club 1 Hotels membership, you may share your account with your family and friends (“Guest”) and enjoy your Club 1 Hotels membership at no extra cost. All Guests agree to be bound by the terms and conditions contained in this agreement, and you agree to remain responsible for all actions of your Guest with respect to your Club 1 Hotels membership.
Members can cancel their membership up to seven or thirty days (seven for monthly subscription memberships and thirty for annual memberships) from the date of purchase as long as no bookings were made. To cancel your membership please contact Club 1 Hotels Member Services at MemberServices@Club1Hotels.com.
(e) Gift Membership Purchases
This provision applies to you if you (the “Gift Purchaser”) are purchasing a membership subscription (“Gift Membership”) for a third party or you are the third party receiving the Gift Membership (the “Gift Recipient”).
(f) Agreement Acceptance
This agreement is accepted by the Gift Purchaser upon Gift Purchaser’s purchase of a Gift Membership, provided that only the following provisions apply to Gift Purchaser: Section 1 (USER CONTENT) and 4 (d) (GIFT MEMBERSHIP PURCHASES). This Agreement is accepted by Gift Recipient upon Gift Recipients activation of a membership subscription, provided that the following provisions do not apply to Gift Recipient: Section 4 (a) (MEMBERSHIP FEES), 4 (b) (GUESTS), and 4 (c) (CANCELLATION).
(g) Gift Membership Fee
The Gift Purchaser agrees to pay the applicable fees for the Gift Membership. Club 1 Hotels only accepts credit cards and PayPal for the purchase of Gift Membership. The gift membership fee is refundable within seven days from date of purchase.
(h) Contact Persons
We will collect the Gift Purchasers’ and the Gift Recipients’ names and email addresses in order to send emails notifying the Gift Purchaser and the Gift Recipient of the Gift Membership purchase. Gift Memberships cannot be transferred to a different third party.
(i) Risk of Loss
The risk of loss and title for gift membership passes to the Gift Recipient upon our email to the Gift Recipient of the Gift Memberships. We are not responsible if such email is blocked or deleted before the Gift Recipient activates a membership subscription.
5. Account Responsibilities:
You are responsible for keeping your account information up to date in all respects and are fully responsible for all activities that occur under your account. You are responsible for maintaining the confidentiality of your login information and are fully responsible for all activities that occur under your email account. You agree to IMMEDIATELY notify Club 1 Hotels at MemberServices@Club1Hotels.com of any unauthorized use, suspected unauthorized use of your email account, or any other breach of security. Club 1 Hotels cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
6. Club 1 Hotels Mobile App Benefit
7. Your Account
We reserve the right to accept or refuse your membership request in our discretion. We reserve the right to place a membership account on hold at our discretion to investigate potential fraud or misuse of the service.
When you create a membership account, you will create a password. You are solely responsible, for any and all use of your account, for maintaining the confidentiality of your password. You agree to notify us IMMEDIATELY if you suspect any unauthorized use of or access to your account. From time to time, you may be required to update or change your password to enhance security. Please notify us IMMEDIATELY if you suspect any requests for changes to user ID and password.
You acknowledge that, although Club1Hotel’s objective is to make the service accessible 24 hours per day, 7 days a week, the service may be unavailable from time-to-time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Club 1 Hotels, access to the service may be interrupted, suspended, or terminated from time-to-time.
8. Content; Feedback
The information and content Club 1 Hotels makes available on the side is protected by copyright or intellectual property laws throughout the world. Any unauthorized reproduction, modification, distribution, or performance of any Club 1 Hotels content is strictly prohibited. You hereby assign to Club 1 Hotels all rights in any feedback or suggestions (“Feedback”) you provide to Club 1 Hotels and agree that Club 1 Hotels will have the right to use the Feedback and related information in any manner it deems appropriate.
9. Electronic Communication
When you visit the site, use the service, use the app, or send emails to us you are communicating with us electronically and you hereby consent to receive communication from us electronically. We will communicate with you by email or by posting notices on the site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.
10. Copyright and Trademarks
You may not post, distribute, or reproduce, in any way, any copyrighted material, trademarks, or other proprietary information, unless you have the right to do so. If you believe that your work has been copied and posted in the service in a way that constitutes copyright infringement, please follow the requirements for appropriate notifications under the Digital Millennium Copyright Act (DMCA), 17 U.S.C. 512. That means, at a minimum, you must provide our Copyright Agent with the following description of the copyrighted work that you must provide our copyright agent with the following description of the copyrighted work that you claim has been infringed; an identification of the location on the site of the material that you claim is infringing; your address, telephone number and email addresses; a written statement by you that you have good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyrights owner’s behalf. Club 1 Hotels Copyright Agent for notice of claims of copyright infringement can be reached in writing to the following: MemberServices@club1hotels.com
11. Term and Termination
(a) Subject to this section, this agreement will remain in full force and effect while you use the service and/or have an account on the site. You may terminate your account at any time, for any reason, by calling our Membership Concierge.
(b) Club 1 Hotels may immediately terminate this agreement or immediately suspend or terminate your access to the service or any aspects of the service at Club 1 Hotels’ discretion and without notice. Club 1 Hotels may send notice of such termination or suspension to you at the email address you provide in your member registration or such other email address as you may later provide to Club 1 Hotels. If you cease to be a member or remove a guest, the Guest Membership will terminate your right to access and use the service immediately.
(c) Upon termination of this agreement by either party, your right to access and use the service will terminate immediately.
(d) You agree that we will have no liability to you for any cost, losses, damages, or liabilities arising out or related to our termination of this agreement due to your breach; and if we terminate the service or terminate your membership other than for your breach, you will be entitled to a refund equal to the number of full months remaining in your subscription. Such refund will be Club 1 Hotels’ maximum liability to you in the event that Club 1 Hotels terminates your membership for reasons other than your breach.
12. Disclaimer of Warranties
THE SITE AND SERVICES ARE PROVIDED BY Club 1 Hotels ON AN “AS IS” AND “AS AVAILABLE” BASIS. CLUB 1 HOTELS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THOSE OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ACCURACY.
13. Limitation of Liability
(a) IN NO EVENT SHALL CLUB 1 HOTELS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT, THE SITE, AND/OR THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT, THE SITE AND/OR THE SERVICES (FOR ANY CAUSE OF ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF FIFTY UNITED STATES DOLLARS ($50.00) AND THE AMOUNT YOU PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE CLAIM.
(c) SOME JURISTICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISTICTION TO JURISTICTION.
14. Indemnity to Club 1 Hotels
You agree to indemnify, defend, and hold harmless Club 1 Hotels, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorney’s fees, resulting from any violation of this agreement, or any activity related to your membership (including negligent or wrongful conduct) by you or any other person accessing the site using your account or using any of the services using your membership. You are responsible for protecting and not disclosing your password to others.
15. Force Majeure
We shall be relieved of our obligation to perform this agreement to the extent that the performance is prevented by your failure to perform this agreement, fire, weather conditions, industrial dispute, labor, disturbance, or any other cause beyond our reasonable control.
17. Applicable Law
This agreement and any action related thereto will be governed, controlled, and interpreted and defined by and under the laws of the State of Illinois, without giving effect to any principles that require the application of the law of a different jurisdiction. By using this site or services, you consent to the personal jurisdiction and venue in the State and Federal Courts of Cook County, Illinois. The United Nations Convention on Contracts for the International Sale of Goods shall NOT govern this agreement and is hereby disclaimed.
18. Arbitration; Waiver of Class Action
Any claim or dispute in connection with this agreement shall be resolved in a cost effective manner through non-appearance-based arbitration. The arbitration shall be initiated through an established alternative dispute resolution provider mutually agreed upon by the parties. The alternative dispute resolution provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and judgment on the award rendered by the arbitrator may be entered in any court or competent jurisdiction. Notwithstanding the foregoing, Club 1 Hotels may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction.
Arbitration shall proceed solely on an individual basis without the right for any claim or dispute to be arbitrated on a class action basis or bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority is limited to rendering decisions and awards between you and us alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration decision or award will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
This agreement is subject to revision by Club 1 Hotels if we deem any part of the revisions to be material changes, we will notify you in advance by sending you an email to the last email address you provided and by posting notice of the changes on our site. If you cancel your Club 1 Hotels membership before the effective date of these charges, we will refund to you a prorated share of your membership fee. This refund is your sole and exclusive remedy and Club 1 Hotels’ sole and exclusive obligation for any such cancellation, and does not apply to any other changes we may make. If any change is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. This agreement may be updated frequently and you should check the site regularly for any new notices of changes. Your continued use of our site or the service after any change, regardless and/or whether a notification of such change was sent to you directly, will indicate your acceptance and agreement to any amendments or changes to this agreement, the site, or the service.
Club 1 Hotels is located at 1000 N. Milwaukee Avenue, Suite 303, Chicago, Illinois 60642. You should note that parental control protections (such as computer hardware, software, or filtering services) are commercially available to assist you in limiting access to material that you would consider harmful to minors.
If any provision of this agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this agreement will be unimpaired and the invalid of unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Except as expressly permitted under this agreement, you may not assign, by operation of law or otherwise, any of your rights, or delegate any of your duties, under this agreement to any third party without Club 1 Hotels prior written consent. Any assignment, delegation, or transfer in violation of the foregoing will be null and void. If you have any questions about the foregoing, please contact us at the following email address: MemberServices@Club1Hotels.com.
22. Tax Recovery and Booking Fee
Club 1 Hotels does not collect taxes for remittance to applicable taxing authorities. The tax recovery charges on prepaid hotel transactions are a recovery of the estimated taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc.) that Club 1 Hotels pays to the hotel supplier for taxes due on the hotels’ rental rate for the room. The hotel suppliers invoice Club 1 Hotels for certain charges, including tax amounts. The hotel suppliers are responsible for remitting applicable taxes to the applicable tax jurisdictions. Club 1 Hotels does not act as co-vendor with the supplier with whom we book or reserve our members’ travel arrangements. Taxability and the appropriate tax rate vary greatly by location. The actual tax amounts paid by Club 1 Hotels to the hotel suppliers may vary from the tax recovery charge amounts, depending upon the rates, taxability, etc. in effect at the time of the actual use of the hotel by our members. We retain booking fees for facilitating exclusive wholesale rates resulting in substantial savings for our Members.