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Baccarat Hotels Preferences Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. By accessing or using the Baccarat Hotels Preferences Program (the “Program”), you agree to be bound by all the terms described herein or incorporated by reference. If you do not agree to all the terms, do not participate in the Program. 

These Baccarat Hotels Preferences Program Terms and Conditions (“Terms”) apply to your participation as a member in the Program, which is operated by SH Group Hotels & Residences, U.S., LLC (“SH”). SH may change the Program terms, conditions, benefits or awards at any time without notice. Awards and associated benefits may be subject to taxes. Any required disclosure and tax liability is your sole responsibility. Participation in the Program, the awarding and redemption of Program offers are void where prohibited by law, and are subject to applicable government regulations. These Terms may only be modified in writing by SH in accordance with these Terms. 

PLEASE NOTE: THESE TERMS CONTAIN AN AGREEMENT BY YOU TO RESOLVE DISPUTES ARISING FROM THESE TERMS OR YOUR PARTICIPATION IN THE PROGRAM THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS. PLEASE REVIEW SECTION 18 BELOW SINCE YOU ARE WAIVING CERTAIN RIGHTS, SUCH AS THE RIGHT TO A JURY TRIAL AND THE RIGHT TO SUE SH IN A CLASS ACTION LAWSUIT.

1.  Eligibility. The Program is free and available to any individual who is at or above the age of majority in his or her jurisdiction and resides in a jurisdiction which legally permits participation in the Program. The Program is not available to residents of Cuba, Iran, North Korea, Sudan, Syria, or the Crimea region of Ukraine. In order to enroll in the Program, you must (i) provide valid and accurate personal information when enrolling, and (ii) not have previously been terminated from any loyalty or similar program by SH. Participants are only eligible to have one membership account. Joint accounts are not permitted.

2.  Participating Properties. The following properties managed by SH participate in the Program: Baccarat Hotel New York (“Participating Property(ies)”). SH reserves the right to add or remove Participating Properties at any time in its sole discretion and without any liability or obligation to you. 

3.  Enrollment. Subject to the eligibility requirements set forth in Section 1 of these Terms, you may sign up for the Program by fully and accurately completing an application on the Program website or at a Participating Property. You must include your current email address when you sign up for the Program. SH reserves the right to deny membership in the Program to any applicant in its sole discretion and without written notice.

4.  Assignment of Membership Account and Membership Number. After signing up for the Program, a membership account will be opened (“Account”), and a membership number will be assigned to you. You may not have more than one Account at any time, and duplicate Accounts are subject to cancellation in SH’s sole discretion. 

5.  Personal Profile. Information provided by you will be maintained in a personal preference profile (“Account Profile”) with your Account. All information provided by you in your Account Profile must be valid and accurate and must be kept current. Credit card information included in your Account Profile will be used by Participating Properties to guarantee your stay and to pay for any stay and other charges, unless you provide a different credit card when you make a reservation, at check-in or at check-out. You may change your credit card authorization for future transactions in your Account Profile on the Program website or you may contact Member Support at membersupport@shhotelsandresorts.com. You can review your transaction history and update personal details and preferences in your Account Profile. Your membership number or user name and password are required to access the Program website.

6.  Use of Personal Information Collected in Application. The personal information you provide SH when signing up for the Program is collected and otherwise handled in accordance with SH’s Privacy Statement, available at https://www.shhotelsandresorts.com/privacy-policy. Your provision of accurate information is necessary for SH to properly administer the Program and provide each member with opportunities to maximize their membership benefits. By enrolling, you also consent to the transfer of your personal information to countries where our information processing facilities, business operations and hotels are located, including the United States and other countries where data protection laws may differ from those of your home country.

7.  Membership Communications. All members of the Program will receive communications from SH regarding the Program, and by agreeing to these Terms and signing up to the Program, you consent to receive marketing communications from SH. If you no longer wish to receive such communications, you may opt out at any time by following the instructions in any communication on how to opt out. All Program communications will be sent to your mailing address or email address provided in your Account Profile, as designated by you. Communications delivered to the address on file will be deemed to have been received one (1) business day after sending if delivered to your email address or five (5) business days after sending if mailed to the mailing address provided. You shall keep your email and mailing addresses current. Neither SH nor the Program shall have any responsibility for misdirected or lost mail or any consequences thereof. SH may also send you promotions, offers and other communications from time to time, which may include, without limitation, items from third parties. The items from third parties are based on the information provided to SH by you and any additional data SH may maintain. You may change personal details and communications preferences at any time in the Account Profile on the Program website or by contacting Member Support.

8.  Contacting Member Support. Any time you contact Member Support, SH may ask you certain security questions to verify your identity. Member Support may monitor or record telephone calls to improve quality of service.

9.  Cancellation of Membership. Subject to applicable law, your membership in the Program will terminate automatically upon your filing for bankruptcy or otherwise being subject to a bankruptcy proceeding. You may cancel your membership in the Program at any time by sending written notice of cancellation to Member Support SH may cancel or suspend, in SH’s sole and absolute discretion, your Account and membership at any time with immediate effect and without written notice, for any reason including, without limitation, if the SH believes you have:
(a)  Acted in a manner inconsistent with applicable laws, regulations, or ordinances;
(b)  Failed to pay any hotel or other bill when due to SH or a Participating Property;
(c)  Acted in an inappropriate, fraudulent, abusive or hostile manner;
(d)  Breached or violated any of these Terms or SH’s Website Terms and Conditions available at https://www.shhotelsandresorts.com/terms-conditions, which are hereby incorporated into these Terms by reference; 
(e)  Fraudulently claimed eligibility to earn benefits; or
(f)  Engaged in any misconduct or wrongdoing in connection with the Program including, without limitation, misusing or abusing any Program member benefits.

10.  Effect of Cancellation. The Program and all related benefits and services are the sole property of SH and are not the property of you or other members. Upon cancellation of your membership in the Program for any reason, all related benefits will be forfeited, and you will no longer be able to participate in the Program. Benefits under the Program have no cash value, and SH will not compensate or pay cash for any forfeited or unused benefits. If SH cancels your membership for any reason other than inactivity, you may not sign up again for membership in the Program, and any new account opened in your name and any benefits earned in that new account will be forfeited upon discovery. If you cancel your membership, or if your account becomes inactive, you may sign up again for membership in the Program at a later date, but no benefits previously forfeited or expired will be reinstated to your account. 

11.  Modification of Program. Except as otherwise expressly prohibited or limited by applicable laws, SH, at its sole and absolute discretion, has the right to change, limit, modify or cancel the Program rules, rewards, and other benefits at any time, with or without notice. Any modifications to the Program will become effective as of the date of posting such modifications to this page. If you do not agree to any modifications, your only recourse is to terminate your Account. SH may, without limitation: (i) change Program benefits, Participating Properties, conditions of participation, rules for earning, redeeming, retaining or forfeiting benefits, or rules governing the use of benefits; and/or (ii) terminate the Program in its entirety.

12.  Termination of Program. SH, in its sole and absolute discretion, may terminate the Program in whole or in part by providing to the email or other address associated with your Account. At SH’s sole discretion, SH may choose to substitute a similar program for the Program at any time, but is not obligated to, and SH is not obligated to provide written notice to you of any substitute program. You may not any Program benefits or amenities after the termination of the Program. IF THE PROGRAM IS TERMINATED, ALL REWARDS OR OTHER BENEFITS WILL BE FORFEITED AS OF THE TERMINATION DATE OF THE PROGRAM, WITHOUT ANY OBLIGATION OR LIABILITY, AND NO REWARDS OR OTHER BENEFITS WILL BE HONORED AFTER THE TERMINATION OF THE PROGRAM. Any Participating Property may terminate participation in the Program at any time, without notice.

13.  No Implied Warranties or Representations. SH makes no warranties or representations, either express or implied, whatsoever regarding the Program or any goods or services provided through the Program or by Participating Properties.

14.  Waiver. SH’s waiver of any breach of the Program terms by any member will not constitute a waiver of any other prior or subsequent breach of Program terms. SH’s failure to insist upon strict compliance with the Program terms by any member will not be deemed a waiver of any rights or remedies SH may have against that or any other member. SH may waive compliance with the Program terms in its sole discretion.

15.  Limitation of Liability; Indemnification. 

15.1 IN NO EVENT WILL SH GROUP HOTELS & RESIDENCES, U.S., L.L.C., ITS SUBSIDIARIES AND AFFILIATES, ANY PARTICIPATING PROPERTY, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH THE PROGRAM, THESE TERMS, OR SH’S OPERATION OF THE PROGRAM.

15.2 You agree to defend, indemnify, and hold harmless SH, its affiliates, the Participating Properties, and all of its and their officers, members, managers, employees, and agents from and against any and all claims, liabilities, damages, losses, demands, or expenses, including attorney’s fees and costs and expenses, arising out of or in any way connected with: (i) your involvement in the  Program and use of any benefits associated with the Program; (ii) your violation of this Agreement; (iii) any information you provide in connection with your Account; or (iv) your violation of applicable law or your gross negligence or willful misconduct.

16.  Eligibility to Receive Benefits. By accepting any Program benefits, amenities, offers, awards or services, you acknowledge that you are responsible for determining whether you are eligible to receive, and that you are eligible to receive, such Program benefits, amenities, offers, awards or services under applicable laws, gift policies and incentive policies.

17.  Eligibility Notification. You must promptly notify SH in the event that (i) you are not eligible for any reason, including, without limitation, pursuant to any applicable laws, gift policies or incentive policies, to receive or earn benefits under the Program, or (ii) your Account has been credited with any benefit that you have not earned or are not eligible to earn.

18.  Arbitration Agreement. The parties agree to resolve any disputes arising out of or relating to these Terms or the Program through binding arbitration, on an individual basis, as set forth below. 

18.1 WAIVER. YOU UNDERSTAND THAT BY AGREEING TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS, (I) YOU ARE GIVING UP YOUR RIGHT TO A TRIAL BY JURY AND (II) YOU MAY NOT BRING A CLAIM AGAINST SH, ITS OWNERS, OPERATORS, DIRECTORS, MANAGERS OR ANY OF ITS OR THEIR AFFILIATES IN A CLASS ACTION LAWSUIT, AND THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN ONE OR MORE PARTY’S CLAIMS IN A CLASS OR PROCEEDING. 

18.2  Good Faith Discussions. You and SH must first attempt to resolve any dispute by good faith discussions. If the parties cannot resolve a dispute with good faith discussions, then either party may submit the dispute to binding arbitration as set forth in these Terms.

18.3  Binding Arbitration. Arbitration will be conducted by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules, then in effect and as amended herein (the “Rules”). You and SH agree that this agreement to arbitrate involves a transaction of interstate commerce and therefore the Federal Arbitration Act will govern the interpretation and enforceability of this agreement to arbitrate. Arbitration shall be before one (1) arbitrator who shall have exclusive authority to resolve any disputes arising under these Terms, including as to the enforceability and/or formation of these Terms to arbitrate made between you and SH. The party desiring to initiate arbitration must provide the other party a Demand for Arbitration in accordance with the Rules and the parties will thereafter mutually agree upon the arbitrator. If the parties cannot agree upon the arbitrator within ten (10) days, an arbitrator will be appointed in accordance with the Rules. You agree that arbitration shall take place exclusively in the City of New York, New York and County of New York, New York, U.S.A. However, where the disclosed claims or counterclaims do not exceed $25,000, the dispute may be resolved by the submission of documents only/desk arbitration (see the Rules for more details). Either party may, however, ask for a hearing, or the arbitrator may decide a hearing is necessary. The arbitrator’s decisions and judgment will be final and binding on the parties. The arbitrator shall not have the authority to award damages outside of those set forth in these Terms. Each party shall pay their own expenses and fees, including their own attorneys’ fees, arising from arbitration, unless the arbitrator determines that your claims were improper or frivolous, in which case the arbitrator may require you to reimburse SH for certain fees and expenses in accordance with the Rules.

18.4  Confidentiality. The arbitration and information disclosed during arbitration may not be disclosed to any third-party except as required by law. The parties will not make any comments or announcements to the public about the subject matter or outcome of any arbitration.

18.5  Dispute Resolution Only in the Event of a Ruling that Arbitration is Prohibited by Law. In the event a court with appropriate jurisdiction determines that applicable law prohibits arbitration of disputes arising out of, or related to, these Terms, all suits, actions or proceedings shall be instituted exclusively in the federal courts or state courts located in New York County, New York, U.S.A., although SH retains the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

19.  Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE PROGRAM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. 

20.  Governing Law. These Terms are governed by the laws of the State of New York, U.S.A. without regards to its conflict of laws principles, provided that Section 18 shall be governed by the Federal Arbitration Act.

Last modified June 7, 2023