ACCOR SA, a limited company with a registered capital of 870,366,459 euros, registered address at: 82 rue Henri Farman, CS20077, 92445 Issy-les-Moulineaux, France, registered on the Register of Companies as number RCS PARIS B 602 036 444, intracommunity VAT number FR 93 602 036 444, and registered on the register of travel agents and other travel operator as number IM091100035,
Tel.: +33 (0)1 45 38 86 00
Publisher: Emanuel Baudart
ONLINE SAS, subsidiary of the Iliad Group,
75366 PARIS CEDEX 08
Tel.: 0899 173 788 (€1.35 per call then €0.34/min)
GENERAL CONDITIONS OF USE FOR
THE PLACES BY LE CLUB ACCORHOTELS APP
Accor, a limited company with its registered address at 82 rue Henri Farman, CS20077, 92445 Issy-les-Moulineaux, France, registered on the Paris Register of Companies as number B 602 036 444 (hereafter “AccorHotels”), publishes an application called Places by Le Club AccorHotels, available on the Facebook social network or using a dedicated mobile application, that allows members of the Le Club AccorHotels loyalty program to obtain Rewards Points (hereafter the “App”) subject to the conditions defined in these General Conditions of Use.
AccorHotels: Takes the meaning as given in the Foreword to this document.
Application (App): Takes the meaning as given in the Foreword to this document.
Badge: Means a reward awarded to a User based on the number of Places Check-in acquired and validated in accordance with the conditions as defined in Article 4 below. Badges are awarded subject to the conditions defined in the Badge Schedule.
Badge Schedule: Means the document containing the list of available Badges as well as, for each Badge, the applicable conditions for obtaining that badge and the number of Rewards points awarded to the Member on obtaining the Badge. This document is available in the App and on the website: https://www.accorhotels.com/gb/leclub/places.shtml.
General Conditions of Use: Means these General Conditions of Use for the Places by Le Club AccorHotels App.
Places Check-in: Means the action of geolocation using the App during an Eligible Stay or the registering of an Eligible Stay subsequent to that stay.
Le Club AccorHotels Account: Means the individual account of each Member to which Rewards points are added.
Places Account: Takes the meaning as given in Article 3.
Le Club AccorHotels General Conditions of Use: Means the Le Club AccorHotels loyalty program’s General Conditions of Use to which its Members must agree.
Member: Means any person having joined the Le Club AccorHotels loyalty program, having thus accepted the corresponding Le Club AccorHotels General Conditions of Use and having been given a Le Club AccorHotels loyalty card number. No other type of card (subscription card, Accor Favorite Guest Business card, Ibis Business card, etc.) shall give rise to the status of a Member within the meaning of these General Conditions of Use and thus entitlement to the benefits of the App.
Rewards points: Means the unit normally generated by a Member, in accordance with a Schedule, following an Eligible Stay under the conditions defined in the Le Club AccorHotels General Conditions of Use. Rewards points awarded using the App are subject to all the rules and conditions defined in the Le Club AccorHotels General Conditions of Use, and in particular those relating to the period of validity.
Participating Hotels: Means those hotels operated under the AccorHotels group brand that are taking part in the Le Club AccorHotels loyalty program, such as defined in the Le Club AccorHotels General Conditions of Use. Hotels that are not operated under an AccorHotels brand and that are available through the www.accorhotels.com website or the AccorHotels mobile App and that may be partners in the Le Club AccorHotels program are not Participating Hotels.
Eligible Stay: Means a stay in a Participating Hotel that allows the User to have a Places Check-in validated. Only stays in Participating Hotels that give entitlement to the awarding of Rewards points are eligible subject to the normal Le Club AccorHotels General Conditions of Use.
User: Means any Member having registered and holding a Places Account, in accordance with Article 3.
2 PURPOSE AND ACCEPTANCE OF THE GENERAL CONDITIONS OF USE
The purpose of these General Conditions of Use is to define the conditions under which AccorHotels makes the App available and under which Users benefit from this.
Any use of the App is subject to unreserved acceptance of its General Conditions of Use which alone are enforceable on AccorHotels and the Users. These contain the entirety of the agreement between the Users and AccorHotels with regard to the App.
For the requirements of the delivery of the App, AccorHotels reserves the right, at any time, to change all or part of the contents of the General Conditions of Use. Any new versions of the General Conditions of Use come into force as of their date of publication. Users are notified of significant changes to the General Conditions of Use by any means as deemed appropriate by AccorHotels and these changes come into force as of such notification.
3 REGISTRATION AND PLACES ACCOUNT
The Places by Le Club AccorHotels Account (hereafter the “Places Account”) is the interface in the App that allows the User in particular:
- - To carry out Places Check-ins and, if he/she wishes, to share this on social networks;
- - To view his/her Places Check-ins status;
- - To view the Badge Schedule;
- - To check the Badges awarded and the number of Rewards points awarded through the App;
- - To view the activity of his/her friends using the App on the Facebook social network;
- - To invite a friend on the Facebook social network to use the App.
The use of the App is restricted to those Members having registered for a Places Account.
Registration is free of charge. It is subject to the use of the “Facebook Login” functionality available on the Facebook social network. For this, the Member must have previously created an account on this service that can be accessed at www.facebook.com. The use of the “Facebook Login” functionality enables the App to access the following data: First name, name, photograph of the Member’s profile, age bracket, sex, language, country, other public information and, if it has not been blocked, the email address associated with his/her Facebook account and with his/her list of friends on the Facebook social network.
The Member is registered after entering in the App:
- - His/her login and password for his/her Facebook account;
- - And then the card number corresponding with his/her Le Club AccorHotels Account.
Once the registration has been completed, the App is associated with the Member’s Le Club AccorHotels Account. The App can only be associated with a single Le Club AccorHotels Account. This is the only Le Club AccorHotels Account to which Rewards points associated with the Places Account Badges can be added.
4 DESCRIPTION OF THE APP
The App allows Users to complete Places Check-ins during or after an Eligible Stay.
To complete a Places Check-in, the User goes to his Places Account and follows the displayed instructions. Places Check-ins are automatically visible for all other Users of the App who are “friends” on the Facebook social network with the User who has completed the Places Check-in.
A Places Check-in must be completed between the date of the arrival of the User at the Participating Hotel and the end of the six (6) month period as of the date of leaving the hotel.
The Places Check-in process does not replace the normal hotel check-in process for the User on arrival at a hotel.
4 .1 Validation of Places Check-ins
Once completed by the User, the Places
Check-in is set as awaiting validation.
For these Places Check-ins, the Places
Account shows a status of “pending”.
To be validated, the Places Check-in must correspond with an Eligible Stay. If this is the case, the Member’s Le Club AccorHotels Account is credited with the Rewards points corresponding with the stay subject to the normal conditions defined in the Le Club AccorHotels Terms and Conditions. This credit triggers, within 35 days, the validation of the Places Check-in. In the Places Account, the status of the Places Check-in is then switched from “pending” to “validated”, and the User is notified of this through the App.
For each Eligible Stay, only one Places Check-in per User can be validated.
The validation of a Places Check-in does not in itself result in any award of Rewards points. Only the awarding of a Badge subject to the conditions as defined in Article 4.2 leads to the awarding of the corresponding Rewards points, as defined in the Badge Schedule.
4.2 Obtaining Badges
Users are entitled to Badges whenever their validated Places Check-ins match with the conditions as defined in the Badge Schedule.
A User can only be awarded each Badge once. A single Places Check-in can result in the awarding of several Badges.
The Rewards points associated with obtaining a Badge are credited to the User’s Le Club AccorHotels Account within ten (10) days as of the awarding of the Badge.
A User can sponsor a friend by inviting him/her to use the App. Sponsorship does not entitle the sponsor to any additional Rewards points. A sponsor can sponsor as many people as he/she wishes. A person can only be sponsored once.
5 CHANGES TO OR WITHDRAWAL OF THE APP
AccorHotels has the lawful right to change, suspend or withdraw all or part of the App, at any time and without notice.
6 MEMBERS’ RESPONSIBILITIES
Any failure to comply with the General Conditions of Use by a User, any misuse or fraudulent use of the App, any falsification of the information communicated can result in the closure and forfeiture without notice or compensation of the User’s Places Account.
Any such closure shall not prejudice any other action that may be taken by AccorHotels against the User.
7 ASSISTANCE AND COMPLAINTS
7.1 Requests for assistance
If a User wishes to assign a different loyalty card number to his/her Places Account than the one originally entered with the registration, the User should contact the AccorHotels helpdesk using the form that can be accessed from his/her Le Club AccorHotels Account at the AccorHotels.com website.
If a User notes:
- - That a Places Check-in has not been validated in accordance with the conditions as defined in Article 4,
- - If he/she has not been awarded the Rewards points associated with the awarding of a Badge in accordance with the conditions as defined in the Badge schedule,
the User can request that this anomaly is corrected, by completing the complaint form that can be accessed from his/her Le Club AccorHotels Account at the AccorHotels.com website.
For any given stay, for a complaint to be considered it must be submitted within six (6) months of the date of departure from the Participating Hotel or, if it relates to additional Rewards points associated with the awarding of a Badge, within six (6) month of the awarding of the Badge in question.
8 PROTECTION OF PERSONAL DATA
In accordance with Article 32 of the French data protection legislation, Law 78-17 of 6 January 1978 concerning computing, data storage and freedom of information, the User is hereby informed that AccorHotels carries out computerised processing of the User’s personal data for the operational requirements of the App. The information required for the registration of the User is mandatory, with the exception of information concerning any sponsoring. If this mandatory information is not supplied, AccorHotels is unable to process the User’s request.
The computerised processing of personal data is carried out for the purposes of registering for the App, the making available of the App to the User and the allocation of Rewards points. AccorHotels is the recipient of this personal data relating to the User. For the requirements of the making available of the App, AccorHotels needs to forward this data to its subsidiary Pro-Fid SAS, which manages the Le Club AccorHotels loyalty program, as well as to its IT service providers, and in particular 909 C SAS.
In application of Articles 38 and thereafter of the Law of 6 January 1978, the User has the right to access, modify, correct and remove his/her personal data. The User can also refuse the computerised data processing of this on legitimate grounds.
To exercise these rights, the User can send an email to email@example.com, stating that the request relates to the Places by Le Club AccorHotels App. The User should be aware that if the right to remove data or oppose the use of the data is enforced, all or part of the App may no longer be fully accessible.
9 INTELLECTUAL PROPERTY
The App and all its elements, namely wording, photographs, illustrations, logos and documents are, unless stated otherwise, the exclusive intellectual property of AccorHotels or companies belonging to it.
Therefore, in accordance with national and international legal provisions, any reproduction or performance of all or part of the App or of its components is prohibited, as well as any alterations.
All the logos, brands, domain names, product names and other signs relating to AccorHotels or any of its subsidiaries and used in the App are and remain the exclusive intellectual property of AccorHotels or its subsidiaries. The use, reproduction and/or distribution of these signs without the express written approval of the owner is prohibited.
10.1 On the initiative of the User
The User can at any time decide to stop using the App or to dispose of his/her terminal or close his/her Facebook account.
The User can also request the deletion of his/her Places Account by filling in the form accessible through the Le Club AccorHotels Account accessible on the AccorHotels.com website. Such deletion will result in the automatic termination of the General Conditions of Use.
10.2 On the initiative of AccorHotels
Any use of the App that is contrary to the General Conditions of Use may result in the immediate closing of the Places Account of the User in question, the withdrawal of any benefits, of all recorded Places Check-ins and earned Badges, without the User being entitled to any compensation whatsoever.
10.3 Effects of the termination
In all cases, the closure of the Places Account makes it impossible to use the App, as well as resulting in the removal of all validated Places Check-ins and earned Badges as at the date of such closure.
11 APPLICABLE LAW AND DISPUTES
The General Conditions of Use are governed and construed in accordance with the laws of France without prejudice to any more protective mandatory provisions that may be applicable in the User’s country of residence.
Users are informed that, in the event of a dispute concerning the General Conditions of Use, there exists the possibility of the use of a mediation procedure or any other alternative means of dispute resolution.