GENERAL TERMS AND CONDITIONS APPLICABLE TO DIS-LOYALTY FOR EVOLUTIONS PROJECT MANAGEMENT LLC MEMBERSHIPS

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, Outlets, Gyms and Spas 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.

These Terms apply to people whose Membership Fee is paid through a Bulk Purchase Scheme.

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 Ennismore’s Contact page or emailing Member Services on hello@dis-loyalty.com.

About these Terms

These Terms were launched on 18 March 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 Website and are considered accepted without reserve by any user browsing the Website after their publication. The applicable Terms are those effective on the day of browsing on the Website.

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 dis-loyalty.com site 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.

GLOSSARY

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

• “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).

• “Bulk Purchase Scheme” is an arrangement whereby a Members’ Membership Fees have been paid on their behalf, for a fixed period of time, by a third party company as part of a bulk purchase of memberships by that company.

• “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 here and these F&B Perks may change from time to time.

• “Gym(s)”: the participating gyms as listed, from time to time, here

• “Gym & Spa Perks”: certain benefits, perks, promotions, discounts and other offers as listed here and these Gym and Spa Perks may change from time to time.

• “Hotels”: the participating hotels as listed, from time to time, here

• “Hotel Perks": certain benefits, perks, promotions, discounts and other offers as listed here and these Hotel Perks may change from time to time

• “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 (and where applicable physical) card with a Membership number accessed via the 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, here.

• “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 here (including F&B Perks and Gym and Spa Perks) and these Perks may change from time to time.

• “Spa(s)”: the participating spas as listed, from time to time, here

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

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 here 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, you will then receive an email at the address you have provided to:

• confirm that your Membership is part of a Bulk Purchase Scheme ;

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

• confirm the expiry date of your Membership; 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 by emailing us on 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 Membership request will be 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 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 (when available).

Membership Fee and Payment

1.10. Your Membership Fee has been paid as part of, and in accordance with, the Bulk Purchase Scheme, provided always that you used the unique voucher code issued as part of that Bulk Purchase Scheme when joining.

Member responsibilities

1.11. 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;

• 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, Outlets, Gyms and Spas please check our Perks page, here.

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 Hotel Perks and the F&B Perks, Members must be logged into their account via the Website and present their Membership Card on arrival at the Hotel or Outlet .

• To benefit from the Gym and Spa Perks and the F&B Perks (in Dubai only) Members must present their physical and digital Membership Cards together on arrival at the Gym, Spa or F&B Outlet.

• The Perks cannot be combined at a Hotel, Outlet, Gym or Spa 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, Outlet, Gym or Spa and the Hotel, Outlet, Gym or Spa is no longer part of the Dis-loyalty Collective before the date of your booking, any Perk relating to the particular Hotel, Outlet, Gym or Spa 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, Outlet, Gym or Spa.

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

3.4. Member Rate

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

• 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 maybe 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, Gyms and Spas 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, Outlet, Gym or Spa with a Perk and your Membership subsequently terminates, or if your Membership terminates during your booking, you will be charged by the Hotel, Outlet, Gym or Spa 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.

• 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 save for Outlets located in Dubai when a physical and a digital Membership Card must be presented together.

• 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.

3.6. Gym & Spa Perks

• All Gym and Spa bookings must be made in advance.

• Gym and Spa Perks cannot be used in conjunction with any other offers or as part of a package.

• Gym & Spa Perks may vary at selected Gyms and Spas from time to time. Please check at the specific Gym or Spa before you book.

• A Member shall present their physical Membership Card and digital Membership Card together at the respective Gym or Spa when they arrive.

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

• The Gym and Spa Perks only apply to the Member.

• Member is subject to the general terms and conditions of the Gym or Spa at the time of booking.

• Cancellation charges are as per the terms and conditions of the individual Gym or Spa outlets at the time of booking.

• No group classes are included as a Gym or Spa Perk.

• Certain Gyms may not offer discounts on Gym membership. Please check the Perks document here

4. USE OF THE DIS-LOYALTY MEMBERSHIP

To enjoy Membership benefits, Members must show their Membership Card upon request by a Hotel Outlet, Gym or Spa and in any event must present their Membership Card (or their Membership number) 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 digital Membership Card states:

• the Member’s name;

• the Membership number; and

• the expiry date.

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

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.

4.5. You may not share or transfer your Membership. 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.

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

4.9. In the event of damage, theft or loss of a physical Membership Card, the Member must also notify cs@evolutions.ae / 800 EVOL(3865)

5. COMMUNICATIONS IN RELATION TO DIS-LOYALTY

5.1. Members may sign up to receive certain notifications from Dis-loyalty by updating their communications preferences in their Member account accessed via the Website.

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, or through your Member account accessed via the Website.

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

**6. MEMBERSHIP RENEWAL **

6.1. The term of your Membership shall be as agreed with the company that paid for the Bulk Purchase Scheme. In the event that the Bulk Purchase Scheme expires or is terminated, your Membership will automatically terminate. If you then wish to continue your Membership you will need to subscribe as a Member and personally pay the then current Membership Fee in accordance with the then applicable Terms.

**7. MEMBERSHIP TERMINATION **

7.1. Termination by the Member

• Members may decide at any time to terminate their Membership by going to your account on the website and clicking on the Cancellation link, or simply email us on hello@dis-loyalty.com.

7.2. 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 and will be eligible to enjoy the Perks then on offer to Members (which may differ from the Perks set out in any Bulk Purchase Scheme).

• 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

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

• in the event that establishing your payment details for ongoing bookings 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, Outlet, Gym or Spa;

• 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, Outlet, Gym or Spa 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 the event that something happens outside of Ennismore Group's control (as set out in section 7.7 and 7.8); 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.

• The relevant Bulk Purchase Scheme expires or is terminated.

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

7.5. 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.

7.6. 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, Outlet, Gym or Spa.

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

Force Majeure

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

7.8. 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.

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. OUR LIABILITY

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

9.2. We may remove specific Hotels, Outlets, Gyms and Spas from time to time.

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

9.4. 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.

9.5. 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, Outlet, Gym or Spa 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.

9.6. 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.

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

10. COMPLAINTS

10.1. 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 within the website footer then click ‘Help’ or email hello@dis-loyalty.com

10.2. 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 Member Services team who will respond to you as soon as possible.

11. APPLICABLE LAW AND COMPETENT JURISDICTION

11.1. 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.

11.2. 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.