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Terms and Conditions

Effective Date: July 1, 2018

 

TheList Loyalty Rewards Program

1.          Welcome to the TheList Loyalty Rewards Program (“Program”). TheList is a free to join customer loyalty program offered by WorldHotels™ (“WH”) that rewards an individual that enrolls in the Program (“Member” or “you” and pronouns relating thereto) and stays at Participating Hotels (as defined below).  After successfully enrolling in the Program, you will become a Member and be eligible to earn rewards that may be redeemed in the form of credits or other in-hotel benefits on eligible stays or activities at the Participating Hotel and its affiliated Participating Hotels (“Rewards”). Participation in the Program is subject to these Terms and Conditions and the WH Privacy Policy (together, the “Terms”). It is the responsibility of each Member to read and understand these Terms.

2.         Eligibility and Enrollment in the Program

Individuals may apply for membership in the Program by filling out the application on TheList website, WH website, or at a Participating Hotel in accordance with the applicable directions for the submission of the application.  A valid email address is required for enrollment and only one email address may be used for each Member.  To be eligible for membership, a person must be 18 years of age or the age of majority in the place where you live, whichever is older.  If a Member is found to be under the required age, his/her membership will be terminated, and any accrued Rewards will be voided. Corporations, associations or groups cannot be Members of the Program.  In an effort to make the Program as simple to use as possible, once your membership application is accepted, you will not need a membership ID. Instead, your first name, last name and email address used to apply for membership will be all that is required to identify yourself as a Program Member. WH may deny membership in the Program in its sole discretion and without written notice.

Members may only enroll in the Program for themselves and each Member may maintain only one membership account. Only Members may earn or redeem Rewards associated with his/her Program account. Membership and its benefits as defined below are non-transferable.

WH may, without notice, terminate a membership in its sole discretion at any time for any reason which may include, but is not limited to: (a) violation of these Terms; (b) misrepresentations of any information or any misuse of the Program; (c) evidence of fraud, abuse or suspicious activity; (d) violation of any national, state, or local law or regulation in connection with the use of Program benefits; (e) failure to pay WH or a Participating Hotel; (f) maintaining more than one active membership account per Member or (g) taking any action which is a detriment to the Program, WH or any Participating Hotels as may be determined by WH in its sole discretion.

Members may terminate their membership at any time by sending an e-mail to thelist@worldhotels.com stating their desire to terminate membership, name, and e-mail address. The membership account will terminate upon the date it is received by WH.

If your membership is terminated, any Rewards and benefits accrued in your membership account will be forfeited immediately. If you reapply for membership at a later date, you will not recover any forfeited Rewards or previous membership benefits forfeited from any previous membership account.

3.         Participating Hotels 

Membership benefits, including the redemption of Rewards, are only provided by Participating Hotels actively participating in the Program at the time of check-in. A list of Participating Hotels can be found at TheList website (listrewards.com). WH is not responsible for any hotels withdrawing from the Program or the loss of any Rewards as a result thereof.

4.         Earning Rewards and Other Potential Types of Rewards 

4.1       As a Member you can earn different types of Rewards in the Program.  Rewards may vary depending on different campaigns and prmotions run by TheList or its participating hotels. The full list of Participating Hotels may be updated at any time in WH’s sole discretion and can be found on the Program website at www.listrewards.com.

To earn Rewards, a Member must book an eligible stay (as defined below) at a Participating Hotel through an eligible booking channel (as defined below) on a qualifying rate (as defined below) with a valid membership account and ID, which includes your first name, last name, and email address. 

An “eligible stay” is considered either one night or the total number of consecutive nights at the same Participating Hotel. Eligible reservations must contain a valid account at the time of booking or be added to the reservation during or prior to check-in. If not, the reservation will not be eligible to earn Rewards. Rewards will not be earned for reservations made before the Member has created an account. Rewards will only be credited to the account provided at the time of the reservation. Only one account may be associated with each reservation.

“Eligible booking channels” include WorldHotels.com, TheList website (www.listrewards.com), WH call centers, the Hotel’s website (as long as they are a Member of TheList), Hotel direct bookings (e.g., phone bookings made directly to the hotel or walk-in reservations), booking via travel agents, and select social media campaigns. Stays booked through an online travel agents are not eligible for Rewards.

A “qualifying rate” is a rate available to the general public. Rates that are not qualifying rates include contracted rates, room rates for airline staff and crew where rooms are pre-booked and paid for by the airline directly; other deeply discounted rates; any complimentary, free, traded or bartered room night stays, group rates settled to a master bill, and wholesale and tour operator rates. Canceled and no-show bookings are not eligible for Rewards. In addition, Participating Hotels may also exclude locally negotiated rates from earning Rewards.  

All Rewards will be awarded as per promotion booked and the type of Reward may vary in use and value and change from time to time. Back-to-back stays in the same Participating Hotel will only earn one Reward if not otherwise explained as part of the promotion. Only one back-to-back stay in the same city at different Participating Hotels will be eligible to earn an award within a fourteen (14) day period.

A Member will only receive Rewards for a qualifying reservation after the Member completes his/her stay, has checked-out, and paid in full for the stay. The Member must have an active membership at the time of check-out. No shows and canceled stays are not valid even if fully paid. Rewards will be available within seven (7) days after departure. If a Member reserves and pays for more than one room, stay credits can be earned for up to two rooms during a qualifying stay. 

4.2       WH and Participating Hotels at their sole discretion may elect to offer Frequent Flyer Miles (“Airline Miles”) in addition to or in place of other Rewards. If a Participating Hotel does not allow a Member to collect both Airline Miles and Rewards, Members will have to state their preference whether they select to earn Rewards or Airlines Miles prior to the time of check-out. If a Member does not make this selection, the Member will automatically be credited with Rewards, provided their reservation is eligible for earning.

WH and Participating Hotels also may elect to offer other bonus and promotional opportunities to earn Rewards. These Rewards may be in addition to or in the place of other Rewards and will be subject to specific terms and conditions that will be stated at the time they are earned. These opportunities may be temporary, be provided to the Member as a choice, and can be discontinued at any time by the Program or the Participating Hotels at their sole discretion. Such offers are void where prohibited by law.

4.3       All Rewards will be awarded based on the data contained in the guest reservation at the time of
check-out and any inaccurate or postings made in error to a Member’s account may be adjusted by WH at any time in its sole discretion.

Rewards are a measurement of a Member’s participation in the Program and have no independent value whatsoever. Accrued Rewards do not constitute property of the Member. Use of the word “earn” in marketing materials and these Terms in relation to Rewards will mean to collect Rewards as a measurement of participation in the Program and does not mean that the Rewards have any value. Rewards are only redeemable as provided for herein, and only when combined with the other prerequisites for redemption, including an active membership in the Program. Rewards are for the Member’s benefit only and are not transferable to another person. The sale or barter of Rewards is prohibited.

5.         Redeeming Rewards        

A Member must redeem all Rewards for stays on TheList website by signing into their Member account. In the case of certain experience-based Rewards earned from time to time, Members may have the option to redeem these Rewards at time of check out or while on the Participating Hotel’s property. Rewards will be subtracted from the Member’s account when the redemption transaction is complete. Members must have sufficient Rewards in their account for the transaction and their Program account must be active. It is solely the responsibility of the Member to be informed about the Program and to redeem the Rewards.

Rewards may not be sold, auctioned, bartered, brokered, or purchased. Any Reward obtained in that manner will be considered to have been fraudulently obtained and deemed void. Rewards will be void if copied or modified. Rewards will not be replaced, reissued or credited if lost, stolen or otherwise destroyed unless authorized by WH in its sole discretion. Except where required by law, Rewards have no cash value and do not constitute Member property and are not vested. As a Member, the only acquired right is the opportunity to surrender the Rewards for redemption in accordance with these Terms. 

6.         Rewards Expiration Policy

Members must remain active in the Program to retain the Rewards they have accumulated. If a Member is not active for eighteen (18) consecutive months that Member will forfeit all accumulated Rewards. If a Member is inactive, all accumulated Rewards will be forfeited, and the Member’s account will be terminated. A Member is considered “inactive” if during an eighteen (18) month period: (a) the Member has not stayed at a Participating Hotel; (b) the Member has not earned any Rewards; or (c) the Member has not redeemed any Rewards earned through the Program. WH will contact the Member three (3) months before the expiration of the Rewards. Forfeited Rewards may not be reclaimed by a Member.

7.         Membership Benefits                   

Membership benefits will include room upgrades (e.g., a higher room category, a superior view room, a club level room, a higher floor, a same room category but larger square footage or better layout, and in some cases a suite), free internet access, late check-out, and an arrival ritual reflecting each Participating Hotel’s individual spirit.

Membership benefits and Rewards may vary or may not be available at all Participating Hotels, are provided on an “as is” basis, and are subject to availability at check-in. Some exclusions may apply. WH is not liable for any refunds or for any damages resulting from the failure of a Participating Hotel to deliver any membership benefits and Rewards.

8.         Membership Account       

Members can view their account details, current Rewards balance, previous activity, and update their personal information and communications preferences by logging into their account at TheList website. Members will need to provide their email address and password to access this information online. Members agree to provide accurate information and promptly communicate any changes to your contact information as described below. 

Each Member is responsible for notifying WH of any mailing address, email address or name change.

Member is responsible for keeping his or her account information confidential. WH is not responsible for any actions taken by a third party using a Member’s account.

Any errors or omissions on transactions posted to a Member’s account must be reported within sixty (60) days after the check-out date by using the “Report Missing Stays” function on TheList website and following the instructions. In some cases, this may require you to provide an electronic copy of your final Participating Hotel folio reflecting the charges for Rewards which are being requested.’’

If WH improperly denies a Member a Rewards accrual or benefit, WH’s liability is limited to the value equivalent of that Reward’s accrual or benefit.

WH may correct any Rewards posted in error in its sole discretion.

9.           Changes

WH and Participating Hotels reserve the right, at any time, without notice, and without limitation, to
(a) increase, decrease, extend, withdraw, limit, modify or cancel Reward promotions; (b) change or restrict Member benefits (e.g., blackout dates, room availability, upgrades, etc.); or (c) change the terms and conditions of participation. Rewards and Promotions may vary from location to location, may not be available in all locations to all Members, and additional exclusions may apply. Unless otherwise specified, promotions may not be combined with other Rewards and benefits.  

10.       DISCLAIMER; LIMITATION OF LIABILITY  

IN NO EVENT WILL WH OR AN OPERATOR AT ANY PARTICIPATING HOTEL OR ANY HOTEL PARTICIPATING IN THE PROGRAM BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES, OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE OR OMISSION), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIABILITY ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

11.        Governing Law                   

These Terms will be governed by the laws of the State of Delaware, United States, without giving effect to any conflict of law’s provisions or principles that may provide the application of the law of another jurisdiction and the courts of the State of Delaware, United States, will have exclusive jurisdiction over all legal matters and proceedings hereunder and this original English language version of this Agreement will be controlling in all respects. Each party waives any objection based on forum non conveniens or any objection to venue of any such action and each party agrees to accept service of process by any commercial courier, postal mail service and/or direct hand delivery by a party to the other party.

12.        Dispute Resolution and Binding Arbitration

Any disputes arising out of or related to the benefits provided pursuant to these Terms or these Terms will be handled individually without any class action, and will be governed by, construed and enforced in accordance with the laws of the state of Delaware, United States, without regard to its conflicts of law rules. The exclusive jurisdiction for any claim or action arising out of or relating to these Terms may be filed only in the state or federal courts located in Delaware, United States.

Any dispute arising under, out of, in connection with or in relation to the Program, these Terms, any membership benefit or Reward, any redemption, or the parties' relationship, must be submitted to binding arbitration administered under the American Arbitration Association ("AAA") in accordance with its then current rules and procedures, except to the extent the rules and procedures are modified below. The arbitration shall be heard by a single arbitrator. The arbitration must take place in Wilmington, Delaware, or at another place mutually agreed upon in writing by the parties.

YOU HAVE A RIGHT TO OPT-OUT OF THIS ARBITRATION AGREEMENT. IF YOU DO NOT AGREE TO THIS MANDATORY ARBITRATION PROVISION WITH REGARD TO ANY PARTICULAR INTERACTION WITH THE PROGRAM, THESE TERMS, THELIST WEBSITE, OR THE SERVICE, THEN WITHIN THIRTY (30) DAYS FROM THE DATE OF SUCH INTERACTION, YOU MAY OPT-OUT OF THIS PART OF THE AGREEMENT BY SENDING AN EMAIL TO thelist@worldhotels.com. Any opt-out received after the thirty (30) day time period will not be valid and you must pursue your claim via arbitration pursuant to these Terms.

To the fullest extent permitted by applicable law, multiparty or class arbitration is specifically prohibited, any arbitration will be on an individual basis alone, and NO ARBITRATION OR OTHER CLAIM(S) HEREUNDER WILL BE JOINED TO ANY OTHER ARBITRATION, CLAIM OR OTHER PROCEEDING, INCLUDING ANY ARBITRATION, CLAIM OR OTHER PROCEEDING INVOLVING ANY OTHER CURRENT OR FORMER Member OR ANY THIRD PARTY(IES), NO CLASS ARBITRATION PROCEEDINGS WILL BE PERMITTED AND ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS IS HEREBY WAIVED.  In the event that this CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction and not in arbitration.

BOTH parties irrevocably waive any right TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN THEM.

If you have infringed upon or violated or threatened to infringe upon or violate WH’s or any third party patent, copyright, trademark, trade secret, privacy or publicity rights in any manner, you acknowledge and accept that WH will suffer irreparable harm and will not have an adequate remedy at law with respect to any breach and that binding arbitration will not be available and WH will be entitled to an injunction, specific performance or other equitable remedies, in addition to any such other remedies, damages and relief as may be available to it under applicable law. In the event WH prevails in any legal proceeding, whether at law or in equity, WH will be entitled to pursue the recovery of all damages, losses and liabilities related thereto, together with any costs of such action or suit, including, without limitation, reasonable attorney’s fees.

13.        Miscellaneous                    

13.1      WH is not responsible for: (a) any acts or omissions of third parties (including, without limitation, Participating Hotels) or (b) any errors published in relation to the Program, including, without limitation, any pricing or typographical errors, errors of description, errors regarding Participating Hotels, and errors in the crediting or debiting of Rewards. WH reserves the right to correct, without notice, any errors.

13.2     WH’s waiver of any breach of these Terms by any Member will not constitute a waiver of any other prior or subsequent breach of these Terms. WH’s failure to insist upon strict compliance with these Terms by any Member will not be deemed a waiver of any rights or remedies that WH may have against that or any other Member. WH may waive compliance with these Terms in its sole discretion.

13.3     Membership in the Program and the earning and redeeming of Rewards are subject to all applicable local laws and regulations. Membership in the Program, Member benefits, and Rewards are offered in good faith; however, they may not be available if prohibited or restricted by applicable law or regulation in the United States or the Member’s country of residence. If any provision of these Terms is held by a court of competent jurisdiction to be void, invalid, contrary to law, or unenforceable for any reason, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms shall remain in full force and effect.

13.4     Regardless of any statute or law to the contrary, any claim, cause of action or proceeding arising from or relating in any way to the Program or these Terms must be filed within one (1) year after such claim, cause of action or proceeding first arose or it will be forever barred. The “Disclaimer; Limitation of Liability” provisions of these Terms are for the benefit of WH and its affiliated parties and each will have the right to assert and enforce these provisions directly against you on its own behalf.

13.5     If any provision of these Terms will be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions will not be affected. When used in these Terms, the term “including” will be deemed to be followed by the words “without limitation.”

13.6     The rights and obligations of WH under the Program may be assigned or transferred by WH to any other related or unrelated entity at any time without notice and performances will be the responsibility of that entity.

13.7     WorldHotels and TheList are trademarks and service marks of Associated Luxury Hotels, Inc.™ Nothing herein grants any right or license under trademark, service mark or any other intellectual property right to Member. No agency or partnership is created hereby. 

13.8     WH may amend the Program or these Terms at its sole discretion at any time and without notice including, without limitation, modifying membership eligibility, changing membership benefits and amending how Rewards are earned, valued or redeemed. Any such changes to the Program or these Terms will be shown on TheList website and will be effective immediately unless stated otherwise. A notice will be placed on TheList website to announce any significant changes to the Program or these Terms and also indicate when the Program or these Terms were updated.

13.9     WH may terminate the Program at any time with or without notice. The termination process will be announced at the time of termination.

13.10   Membership in and application for the Program is void if prohibited by law in the country of residence of the Member or applicant. It is the duty of the Member or applicant to understand whether such laws or prohibitions exist in the country of residence.

13.11    The receipt of Rewards including the redemption of Rewards may be subject to tax liability. Any tax liability, including disclosure, with respect to the receipt of Rewards is solely your responsibility. WH will not be liable for any tax liability, duty or other charges in connection with the issuance of Rewards. Each Member should check with a tax advisor regarding any potential tax implications.

13.12    Any failure to administer Rewards in accordance with the Program or these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities, including but not limited to the imposition of sanctions, or for any other reason beyond our reasonable control will not be deemed a breach of the Program or these Terms.

14.        Privacy

Respecting your privacy is important to us and we will process your personal information in accordance with our Privacy Policy. We may from time to time send you certain Program information that may include, but is not limited to, marketing materials which will inform you of special offers and products we believe would be of interest to you. As part of the requirement for membership in the Program, you will need to opt-in to receive marketing messages from TheList and WH. You will be given the opportunity to opt-out from receiving marketing materials via an unsubscribe link in all Program related emails; however, we reserve the right to continue sending you materials regarding the Program and/or your account.

15.       Entire Agreement  

These Terms, including the Privacy Policy and other policies incorporated herein, constitutes the entire and only agreement between WH and each Member with respect to the Program and supersedes any and all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the Program.

16.       Contact Us  

If you have any comments, questions, or complaints regarding the Program or these Terms, please contact WH via thelist@worldhotels.com.

 

Email and Other Marketing Communications

Please read and make sure you agree with the Privacy Policy and the website Terms of Use.

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