About Dis-loyalty

Dis-loyalty is a membership scheme allowing any individual who has signed up, in their personal capacity, to become a member to access certain Perks across a range of Hotels ("Hotels") and Outlets, in exchange for the Membership Fee.

Membership is subject to you agreeing to, and complying with, these General Terms and Conditions of Membership ("Terms").

Any Perks available under Dis-loyalty are contractual in nature only and will not afford Members any property rights or interests in property.

About us

Dis-loyalty is operated by the Ennismore Group.

If you have any questions about Dis-loyalty, or the Ennismore Group, you can find out more information about how to contact us by visiting our Contact page.

About these Terms

These Terms were updated on 13 August 2024.

The aim of these Terms is to define Dis-loyalty and the specific terms and conditions applicable between Members and the Ennismore Group regarding Membership. These Terms sets out the legal contract that applies when you become a Member (together with our Privacy Policy (which sets out how we will use your personal data)).

Accepting these Terms

Your Membership will be subject to you accepting these Terms. These Terms apply, and the contract between you and the Ennismore Group, is formed from the date that you agree to them. As a Member, you agree to abide by and be bound by them. We’ve worked hard to make these Terms easy to understand and to avoid legal jargon.

**Please read them carefully before accepting and proceeding to become a Member because these Terms are legally binding. **

Changes to these Terms and Your Membership

As we expand Dis-loyalty and improve our offerings, we might make changes to these Terms. Ennismore Group reserves the right to modify these Terms at any time and we will do this by uploading the latest version with a date confirming when they went live.

The modified Terms take effect on the date they are published online on the App and Website and are considered accepted without reserve by any user browsing the Website or using the App after their publication. The applicable Terms are those effective on the day of browsing on the Website or using the App.

The new Terms will not affect your Membership prior to the time of go-live of any new Terms but will apply to your Membership going forwards – in other words, after the time the new Terms go live. You should print or save a copy of these Terms for future reference.

Members accept that these Terms may be modified, totally or partially, at any time. Within a reasonable period of time before the application of any changes, Members will be notified of any changes made to these Terms that may substantially modify the rights and obligations relating to Dis-loyalty, particularly through information posted on the website or App and/or via electronic communication. Participation in Dis-loyalty following the effective date of any modifications implies acceptance on the part of the Member.

Availability of Dis-loyalty in other countries

Dis-loyalty is only available if permitted by law in the Member's country of residence. If there are any restrictions on the use of Dis-loyalty in your country of residence then your Membership is null and void and you will be refunded any Membership Fees paid.

GLOSSARY

The following words and phrases have specific meanings in these Terms:

• “App”: the Dis-loyalty mobile application for Apple and Android devices, downloadable via your device's app store.

• “Best Flexible Rate”: is the best and least restrictive publicly available rate for that room type at the time of reservation (room only excluding all add-ons and extras such as breakfast and dinner).

• “Check-in”: date of arrival at a Hotel.

• “Ennismore”, "we" "us" "our": Ennismore Holdings Limited, an incorporated company with its registered office at Third Floor, 20 Old Bailey, London, United Kingdom, EC4M 7AN. In these Terms, “Ennismore Group” means Ennismore and its subsidiary companies.

• "F&B Perks": certain benefits, perks, promotions, discounts and other offers as listed at the Perks page and these F&B Perks may change from time to time.

• “Hotels”: the participating hotels as listed, from time to time, at the Perks page.

• “Member Rate”: the rate offered to Members after a discount on the Best Flexible Rate available at the time of making the reservation at a Hotel via the Website as more fully set out on the Perks page.

• “Member Services”: the customer service arrangements for Dis-loyalty.

• “Membership”: a membership to Dis-loyalty.

• “Membership Card”: a personalised digital card with a Membership number accessed via the App or Website, that allows Members to enjoy Dis-loyalty’s Perks.

• “Membership Fee”: the applicable fee, from time to time, payable for a Membership and as set out in the relevant subscription sign-up page (inclusive of GST, VAT or similar tax).

• “Outlets”: the participating bars, restaurants, nightclubs, coffee lounges or similar establishments as listed, from time to time, at the Perks page.

• “Payment Method”: such current, valid accepted method of payment as may be updated or required by Ennismore Group from time to time, including (without limitation) credit card, debit card, Apple Pay and Google Pay.

• “Perks”: certain benefits, perks, promotions, discounts and other offers as listed at the Perks page (including F&B Perks) and these Perks may change from time to time.

• Website: means the website accessible via the following URL: www.dis-loyalty.com.

1. DIS-LOYALTY MEMBERSHIP

Requirements of Membership

1.1. Membership is open to any natural person over the age of 18 with the legal capacity to enter into a contract in the Member's country of residence. Local law variations to these Terms and Membership may apply.

1.2. Membership is offered at the discretion of Ennismore and Ennismore may refuse Membership to any applicant.

1.3. To become a Member, you must create an account on our Website and insert your details including your full name, email address and payment information.

1.4. An individual email address is needed to join Dis-loyalty. The same email address cannot be used for more than one Membership and individuals cannot have multiple Memberships.

1.5. Once you have created your account and registered for Dis-loyalty, Ennismore Group will validate your details. Once validated, Ennismore Group will take payment of the Membership Fee for the first month if you have opted to pay monthly, or for 12 months if you have chosen to pay annually. You will then receive an email at the address you have provided to:

• confirm that payment of the Membership Fee is taken (monthly or annually as selected by you);

• confirm the start date of your Membership ("Start Date"); and

• provide you with your Membership number, which will allow you to benefit from all the Perks of Dis-loyalty.

1.6. In the event that the Membership confirmation email is lost, you may contact Member Services via hello@dis-loyalty.com.

1.7. If Ennismore Group cannot validate any of your details, and you do not update your details or provide correct details on request, your payment will be refunded, and your Membership request cancelled.

1.8. Membership is granted to the Member for their personal use only and is not transferable under any circumstances and, unless expressly stated otherwise, Perks cannot be shared with any third parties.

1.9. If you change your email or payment details during the term of your Membership, you must change your details, as soon as possible, either by contacting Dis-loyalty via hello@dis-loyalty.com or directly in your Member account accessed via the Website or App.

1.10. In the event that there is a delay in processing any application to join Dis-loyalty, for whatever reason, then the annual term of Membership shall only commence once the request to join has been fully processed and the email confirming Membership (as set out in section 1.5) has been sent by Dis-loyalty to the Member. The published price of Membership at the time the Member submitted their request to join Dis-loyalty shall be honoured by Dis-loyalty despite any delays in processing a Member’s request to join.

Membership Fee and Payment

1.11. Payment can be made by any Payment Method.

1.12. To use and access Dis-loyalty, you must provide at least one Payment Method which you authorise Ennismore Group to charge in accordance with these Terms. Ennismore Group may refuse, suspend or terminate your Membership if any payment is not successfully settled due to expiration, insufficient funds or otherwise.

1.13. For some Payment Methods, your card issuer may charge certain fees, such as foreign transaction fees or other fees relating to the processing of the Payment Method, which shall be due and payable by you. You may have to accept the terms and conditions of the issuer of the Payment Method or the third-party payment processor used by Ennismore Group to make the relevant payment.

1.14. If paying monthly, payment of the Membership Fee will be taken each month on the same day as the first payment date. If paying annually, subject to any cancellation in accordance with section 7, the annual renewal payments will be taken on the anniversary of the first payment date.

Member responsibilities

1.15. When you sign up to become a Member, you agree that you will:

• provide complete, accurate and true information when creating an account;

• not provide any false, misleading or incomplete information;

• pay the Membership Fee on time using the correct payment details;

• observe the rules applicable to your Membership and the Perks; and

• not otherwise abuse or misuse your Membership.

2. DIS-LOYALTY PERKS

When you sign up to Dis-loyalty, as a Member you will have access to a range of Perks, which may be seasonal, time limited, or temporary in nature. For full details, including details of the participating Hotels and Outlets, please check our Perks page.

3. RULES APPLICABLE TO THE DIS-LOYALTY MEMBERSHIP AND PERKS

3.1. Dis-loyalty is a membership program based on fair use by Members.

3.2. We have put in place some rules that highlight how certain Perks work. These rules have been put in place to prevent abuse of Dis-loyalty.

Please read these carefully as they relate to your rights to redeem your Perks.

3.3. General

• Perks are only available to Members whose Membership is valid for the full duration of their booking.

• To benefit from the Perks, Members must be logged into their account via the Website or App and present their Membership Card on arrival at the Hotel or Outlet.

• The Perks cannot be combined at a Hotel or Outlet with any other offer or promotion or with any other group membership program (including, but not limited to, any programs of Accor S.A, or its affiliates).

• If you make a booking at a Hotel or Outlet and the Hotel or Outlet is no longer part of The Dis-loyalty Collective before the date of your booking, any Perk relating to the particular Hotel or Outlet will no longer apply. We will do our best to notify you of this in advance, giving you the option to cancel, subject to the booking terms applicable to the relevant Hotel or Outlet.

• Members must comply with each Hotel and Outlet’s booking terms and conditions and any other regulations relating to their stay or dining experience.

3.4. Member Rate

• Any Member Rate is limited to a maximum of two rooms per Member and the booking must be in the Member's name. If booking one room the Member must stay in the room for the full duration of the booking. If booking two rooms then the Member must stay in one room for the full duration of the stay.

• The Member Rate is, subject to availability, available on any room type at a Hotel and is offered on a last room availability basis (in other words, if the Hotel has a room available on that date, the Member can book that room at the Member Rate for that date).

• You may cancel a Member Rate booking without penalty if such cancellation occurs no later than twenty-four (24) hours* prior to the Check-in date and time, unless otherwise stated in the booking confirmation. If you cancel a booking within twenty-four (24) hours* prior to the Check-in date and time, the first night of the stay will be charged, at the Member Rate, for that night to the credit card you provided (please refer to the cancellation policy on the booking confirmation as this may vary).

• *save for resort hotels including but not limited to SLS Baha Mar where cancellation may be at least seventy-two (72) hours prior to the Check-in date and time. Always check the individual policies at each resort.

• You may not make multiple bookings across different Hotels across the same dates.

• You may not make multiple bookings across different Outlets across the same times and dates.

• The Member must be an active (fee paying) member throughout the entire duration of the booking. If you book a Hotel or Outlet with a Perk and your Membership subsequently terminates, or if your Membership terminates during your booking, you will be charged by the Hotel or Outlet the full price for the booking or the remainder of the booking (as applicable).

• A minimum length of stay may apply at some Hotels.

• Subject to booking no less than 7 days in advance of your stay as set out on our Perks page, no date restrictions shall be applicable to Member Rate.

• Discounts shall only be applicable on the room price, and not applicable on any other additional features/add-ons (save for Rixos as set out in Perks).

• All Member Rates are inclusive of any GST, VAT or similar tax if applicable, unless otherwise stated.

3.5. F&B Perks

• At least one Member shall be present in order to avail the F&B Perks.

• Each Member shall present their Membership Card at the respective Outlet when they are seated.

• Members cannot combine their discounts; i.e., two (2) Members shall not be entitled to a discount of 20%.

• F&B Perks shall not apply to in-room service, meeting and event space or any items from the mini-bar during Hotel stays.

• All prices quoted on which discounts will be calculated are exclusive of any GST, VAT or similar tax if applicable unless otherwise stated.

• F&B Perks may vary at selected Outlets from time to time. Please check at the specific Outlet before you book.

• F&B Perks shall only apply to dine in options and shall not be applicable to take away or delivery F&B.

4. USE OF THE DIS-LOYALTY MEMBERSHIP

To enjoy Membership benefits, Members must show their Membership Card upon request by a Hotel or Outlet and in any event must present their Membership Card when they arrive at the Hotel and when they pay the food and beverage bill at an Outlet.

For Members to enjoy Dis-loyalty Perks, all the following conditions must be met:

4.1. Membership Cards are strictly personal - they cannot be sold, loaned nor transferred. Membership Cards do does not constitute a means of payment and do not guarantee a booking.

4.2. Each Membership Card states:

• the Member’s personal name;

• the Membership number; and

• the ‘Member since’ date.

Membership Cards cannot be in the name of a corporate entity.

4.3. Each Member may hold only one (1) Membership Card.

4.4. The Membership Card may only be used by the Member whose name appears on the Membership Card. The Member must not disclose the Membership number or password of their Membership to a third party. The Member may not allow the name on the Membership Card to be changed to that of a third party.

4.5. You may not share or transfer your Membership. Dis-loyalty does not allow multiple users to access Membership through a single name and password. Dis-loyalty may cancel or suspend your access to Dis-loyalty without further obligation to you if you do this or breach any of these Terms.

4.6. Member acknowledges that they have reviewed the details of their account and the correct application of Perks.

4.7. Member Rates at any Hotel can be booked only via the Dis-loyalty booking channels - being the Website or App.

4.8. In the event of corruption or theft (electronic or otherwise) of a Membership Card, the Member must notify us immediately and we will let you know what to do next.

5. COMMUNICATIONS IN RELATION TO DIS-LOYALTY

5.1. Members may sign up to receive certain notifications from Dis-loyalty.

5.2. If you no longer wish to receive these notifications, you may unsubscribe at any time by either clicking on the unsubscribe link at the bottom of these communications.

5.3. Opting out of communications will have no effect on your Membership.

6. MEMBERSHIP RENEWAL

6.1. Membership is for a minimum period of 12 months (the “Initial Term”) and shall automatically renew for further subsequent terms of 12 months each (each a “Renewal Term”).

6.2. We will remind you at least 30 days before your Membership is due to renew.

6.3. If you decide that you do not want to renew your Membership, you may terminate your Membership by clicking the Cancellation link in your Member account or emailing hello@dis-loyalty.com. We aim to cancel your subscription within 96 hours of any request. If you get in touch before your renewal date, but we are not able to cancel before the renewal fee is paid, we will refund the renewal fee as soon as possible and in any event within 45 days.

7. MEMBERSHIP TERMINATION

Termination by the Member

7.1. Change of mind.

• Members have the right to change their mind and cancel their Membership and receive a refund of the Membership Fees, provided you advise us of this no later than 14 days after the first day of a Member’s Membership or the date that the relevant Renewal Term started ("Cancellation Period").

• To exercise these rights you must notify us via the Member Account. When you have done so, we will refund you via the Payment Method you used for payment as soon as possible and within 45 days of you telling us you've changed your mind.

• Even if you cancel your Membership, you must also pay for any services you have received under your Membership before you changed your mind and we may deduct an amount from any Membership Fees already paid representing such use (which may represent the entire amount of the Membership Fee).

7.2. Other cancellation options.

• Members may decide at any time to terminate their Membership outside of the Cancellation Period by following the same process set out in section 7.1 above, however the Termination will only take place at the end of the Initial Term or relevant Renewal Term.

• If you want to terminate your Membership outside of the Cancellation Period (i.e. before the end of the Initial Term or relevant Renewal Period), you shall remain liable for any and all remaining Membership Fees payable for the remainder of the Initial Term or Renewal Term.

7.3. Rejoining as a Member.

• If a Member leaves Dis-loyalty but wishes to rejoin in the future (a “Rejoining Member”) they must complete the then current sign up process.

• Rejoining Members will recommence their personal prior Perks history from the date they previously left Dis-loyalty.

• A Rejoining Member’s Perks, from the date of rejoining, will be adjusted to reflect the Perks previously enjoyed during their previous period of Membership. See our Privacy Policy for further information.

Suspension or Termination initiated by Ennismore Group

7.4. Ennismore Group may suspend or terminate your Dis-loyalty Membership for any reason, including (without limitation) the following:

• in the event that your Membership Fee payment is rejected by the relevant bank, debit or credit card company or similar accepted provider;

• if, at any time, you breach any of these Terms, including, in particular, if we become aware of any abuse, misuse or fraudulent use of your Membership;

• if the Member breaches any applicable terms of use of any Hotel or Outlet;

• If the Member breaches any applicable local laws with respect to their use of their Membership;

• if the Member conducts themselves in a manner deemed by the Hotel or Outlet to be abusive, hostile, aggressive or inappropriate;

• in the event of a Member's death;

• if we decide to withdraw Dis-loyalty or close the program (in which case we will refund you your Membership Fees for the period from the date of termination to the end of the Initial Term or Renewal Term, as applicable);

• in the event that something happens outside of Ennismore Group's control (as set out in section 7.8, 7.9 and 7.10); or

• if a Member or the country of residence of a Member becomes subject to sanctions or trade restrictions, access to Dis-loyalty and Membership may be suspended or terminated by Ennismore Group with immediate effect.

7.5. Ennismore Group may, from time to time, temporarily suspend Dis-loyalty and access to Dis-loyalty and/or your account for App and Website maintenance or upgrades/modifications.

7.6. We will try and give you notice of any planned suspension and aim to keep any downtime to a minimum, however some downtime is urgent and in such instances we may not be able to provide you with advance warning.

7.7. Ennismore Group reserves the right at any time to cease selling Memberships, to suspend the sale of Memberships (for such period as determined by Ennismore Group) or to cap the number of Memberships available from time to time.

Effects of Membership termination

Once your Membership is terminated, you will no longer be entitled to any Perks provided through Dis-loyalty, even if you have a pre-existing booking at a Hotel or Outlet.

All existing bookings for dates after the date your Membership is terminated will be cancelled.

Force Majeure

7.8. Ennismore Group is not responsible for events that occur outside of its control that have an impact on Dis-loyalty, including access to the App, Website or availability to access and use Perks.

7.9. We will do our best to contact you as soon as possible to let you know of any such impacts and do what we can to reduce any impacts.

7.10. No compensation is payable by Ennismore Group for any impacts that occur outside of the control of the Ennismore Group.

8. PROTECTION OF PERSONAL DATA

Details on how we use your personal data are set out in our Privacy Policy.

9. APP-SPECIFIC TERMS

9.1. This section 9 applies if you download or use the App. You may download and use the App provided you always follow the rules in this section 9.

9.2. In these Terms, we refer to the site that you download the App from as the ‘app store’ and we refer to their rules and policies as the ‘app store rules’. You must comply with the app store rules as well as these Terms but, if there is any conflict between them, you should follow the app store rules rather than the equivalent rule here.

9.3. The App is only for you personally (and anyone else that the app store lets you share the App with) and you may only use it for non-business purposes.

9.4. You do not own the App or any of its contents, but you may use it on devices that you own or control, as permitted by the app store rules.

9.5. If you sell or give away the device on which you have downloaded the App, you must first remove the App from the device.

9.6. You may not at any time: (a) modify the App's code in any way, including inserting new code, either directly or through the use of another app or piece of software; (b) deliberately attempt to avoid or manipulate any security features included in the App; or (c) pretend that the App is your own or make it available for others to download or use (including by way of copying the code of the app and creating an independent version).

9.7. You must not use the App to: (a) break the law or encourage any unlawful activity; (b) send or upload anything that is (or might be considered to be) defamatory, offensive, or discriminatory; or (c) infringe our or anyone else's intellectual property rights; (d) transmit any harmful software code; (e) try to gain unauthorised access to any IT systems, accounts, or networks; or (f) deliberately disrupt the operation of anyone's website, app, server, or business.

9.8. The App may enable you to access services and websites that we do not own or operate (referred to as ‘external services’). We are not responsible for examining or evaluating the content or accuracy of these external services. Before using them, make sure you have read and agreed to the terms on which they are being offered to you including the way in which they may use your personal information.

10. OUR LIABILITY

10.1. We are not responsible for any issues that occur with individual Hotels or Outlets (including in relation to a booking that you may have with a Hotel or Outlet). Each Hotel and Outlet is individually liable to you in respect of your particular booking.

10.2. We may remove specific Hotels or Outlets from time to time.

10.3. We may remove individual Perks in the event that a specific Hotel or Outlet can no longer provide the service related to the Perk.

10.4. If we breach these Terms, we will only be responsible for the proportion of the foreseeable loss or damage you suffered to the extent caused by us and / or failing to use reasonable care and skill. By “foreseeable”, we mean either it is obvious that it will happen or if, at the time the contract was made, we both knew it might happen.

10.5. We accept no liability for:

• any loss, damage or injury arising as a result of the incorrect use of Dis-loyalty;

• any failure by a Hotel or Outlet to provide a service to you; and/or

• loss of profit, loss of business, loss of earnings, business interruption, or loss of business opportunity. Dis-loyalty is currently provided direct-to-consumer only.

10.6. We do not exclude or limit our liability to you to the extent it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence, fraud, or breach of your consumer rights.

10.7. To the extent permitted by law, our maximum liability to you, for any reason, is capped at the annual Membership Fee payable by you for the then current term of Membership.

11. COMPLAINTS

11.1. If you have any questions or concerns relating to your Membership or in relation to any of the Hotels and Outlets, please go to the ‘Support’ section of the App or within the Website footer then click ‘Help’ or email hello@dis-loyalty.com

11.2. If you have contacted us with a complaint and you haven't heard from us as soon as you would like, please rest assured that your complaint is being dealt with by our Membership Services team who will respond to you as soon as possible.

12. APPLICABLE LAW AND COMPETENT JURISDICTION

12.1. These Terms are governed by the laws of England and Wales, without hindering the mandatory protective provisions that may be applicable in the country of residence of the Member concerned.

12.2. In the event of any dispute or litigation arising between a Member and Ennismore Group in connection with these Terms, the parties shall agree to seek an amicable settlement as a matter of priority, by resorting to a conventional mediation procedure or any other method of dispute resolution, under the conditions provided for by the applicable law.

13. INDIVIDUAL PROMOTIONS

This section contains the additional specific terms and conditions of each Dis-loyalty promotion and will be updated from time to time.

All of the above Terms will also apply fully to each promotion set out below :

a. Birthday Sale – up to one-year free Dis-loyalty Membership when using a code provided by an existing Member

Period of promotion 14th to 31st August 2024 only.

Any new Member (“New Member”) that utilises the unique single use code gifted by an existing Member (“Existing Member”) for up to 12 months free Membership (the “Free Period”) acknowledges and agrees that their Membership will terminate if the Existing Member ceases to be a Member during the Free Period. Membership for the New Member can be maintained with no breaks if the Existing Member agrees to pay the then price of Membership from the date the Existing Member terminates to the end of the Free Period. Existing Member is entitled not to continue Membership in which case any existing bookings for dates after the date their Membership is terminated will be cancelled.

Dis-loyalty shall have no liability or otherwise to the Existing Member or the New Member as a result of such cancellation.

At the end of the Free Period the Membership shall automatically renew at the then current price. Dis-loyalty shall notify the New Member ahead of such renewal.