Conditions of Participation in the Dorint Bonus Programme starting 01st October 2014
I. Scope and operator of the Dorint Bonus Programme
The Dorint Bonus Programme is operated by Neue Dorint GmbH, Aachener Straße 1051, 50858 Köln (Cologne), Germany (hereinafter referred to as "Dorint").
As participants in the Dorint Bonus Programme, all Dorint Card holders (hereinafter also referred to as "participants") have the opportunity, when staying overnight at hotels and resorts taking part in the Dorint Bonus Programme, to collect Dorint bonus points which they can redeem in exchange for overnight stay premiums or premium gifts, or which they can donate to a charitable cause. In addition, all Dorint Card holders enjoy special privileges while staying in any of the hotels and resorts taking part, in accordance with the holders' respective membership status. Unless expressly stated to the contrary, these Conditions of Participation apply to all Dorint Card holders, irrespective of their membership status (Dorint Card Basic or Premium status).
The hotels and resorts taking part in the Dorint Bonus Programme are indicated on the Dorint website at www.dorint.com. Participants can also request this information by phone from the Dorint Card Service Center on +49 221 48567-222.
II. Conditions of Participation in the Dorint Bonus Programme
1. Participation and status of participants
1.1 Only individual and natural persons aged 18 years or over are eligible to participate in the Dorint Bonus Programme. Companies, juristic persons, other organisations and groups, and the staff either of Dorint or of companies associated with Dorint are not entitled to participate. Multiple registrations of individual persons are not permissible. No legal entitlement exists to participation in the Dorint Bonus Programme.
1.2 Participation in the Dorint Bonus Programme is free of charge. In order to participate, guests fill out all the details on the appropriate application form, which they then send to Dorint by fax, post, online or by handing it over in person at the hotel reception. Once Dorint has received the fully completed form, the participant will be sent his/her Dorint Card by post. Participation in the Dorint Bonus Programme begins as soon as Dorint has received the application. The Dorint Card is not transferable and shall fully remain the property of Dorint. Participants must inform Dorint immediately in the event of their Dorint Card being lost. Dorint will issue the respective participant with a substitute card on request.
1.3 The status of a participant is determined by the amount of turnover and/or the number of overnight stays he/she generates in the hotels and resorts taking part. No minimum turnover is required for acquisition of the Dorint Card with Basic status. The Dorint Card Premium is awarded to a participant if and when he/she personally, within the space of one calendar year, has either stayed for at least 30 nights or made payment of bills totalling at least EUR 6,000.00 in the hotels and resorts taking part. Only turnover for which participants receive Dorint bonus points is relevant for their status. Any holder of a Dorint Card Premium who has, for two successive calendar years, failed to generate the aforementioned minimum turnover and/or minimum number of overnight stays, will be issued in the following year with a Dorint Card with Basic status.
2. Acquiring Dorint bonus points
2.1 Collecting Dorint bonus points is possible as soon as participation begins (see I. 1.2). In order to have Dorint bonus points credited to them for overnight stays, participants must quote the card number stamped on their Dorint Card when making their room reservations and show their card when checking in and checking out. The subsequent or retroactive crediting of Dorint bonus points is only possible within a period of two months after the end of any respective stay. For this to be done, the participant must send Dorint a copy of his/her bill for the stay in question, requesting that the Dorint bonus points be subsequently or retroactively credited. The copy of the hotel bill is to be sent by post to the following address: Dorint Hotels & Resorts, Dorint Card Service Center, Aachener Straße 1051, 50858 Köln, Germany.
2.2 For every EUR 1.00 of turnover he/she generates in the course of overnight stays at the hotels and resorts taking part, and personally settles when checking out, the participant shall be awarded 3 Dorint bonus points. Participants shall only receive Dorint bonus points for rooms they have booked and paid for in person, but in which they themselves have not stayed, if and when the person or persons staying in these rooms are family members accompanying the participant. Family members shall mean a participant's spouse/civil partner, children and grandchildren, or parents. In addition to turnover generated by overnight stays, turnover on food and drinks and ancillary services shall also be taken into account (insofar as these are provided in the name of and invoiced by the hotel and/or resort). Foreign currencies shall be converted internally on the basis of the respective current exchange rate and rounded up or down in compliance with standard bookkeeping practice.
2.3 No Dorint bonus points shall be awarded to participants for:
a) services booked by a tour operator or intermediary and for which the participant has received a voucher from the tour operator or intermediary;
b) overnight stays billed at special rates, such as special rates for travel agents, crews/airlines, etc.;
c) any turnover, including overnight stays, generated in the course and context of conferences, events, or organised group bookings;
d) any overnight stay premiums and/or hotel services gained using Dorint bonus points;
e) the acquisition of vouchers and the utilisation of services for which payment is made by voucher;
f) overnight stays and directly related ancillary services (e.g. final cleaning) if and when these are associated with "owner" coupons.
If a participant is awarded miles/points as part of a frequent flyer programme for his/her stay in the hotels and resorts taking part, then no parallel Dorint bonus points may be simultaneously credited.
2.4 Participants are not permitted to cede, delegate, or pledge their Dorint bonus points and privileges to other participants in the Dorint Bonus Programme or to any third party.
2.5 Dorint shall administer participants' bonus point accounts in a central database. Participants can check the current balance of their accumulated Dorint bonus points at any time, either by phoning the Dorint Card Service Center on +49 221 48567-222 or online on the Dorint Bonus Programme web pages.
3. Redeeming Dorint bonus points
3.1 Dorint bonus points can only be redeemed in exchange for overnight stay premiums or for such premium gifts as are listed either on the Dorint website or are highlighted in special-issue Dorint Bonus Programme publications. Alternatively, participants can also opt to donate their Dorint bonus points to Dorint's charity partner, the Deutsche Kinderschutzbund Bundesverband e. V. child welfare project. Charitable donation receipts will, however, not be issued.
3.2 The premium gifts and charitable donations can be claimed from Dorint either by phone, in writing, by fax or by e-mail, or online via the Dorint Bonus Programme web pages. In all cases, the name of the Dorint Card holder and the card number are required. Overnight stay premiums may only be booked by phone or in writing from the Dorint Card Service Center. Postal address: Dorint Hotels & Resorts, Dorint Card Service Center, Aachener Straße 1051, 50858 Köln, Germany; tel.: +49 221 48567-222; fax: +49 221 48567-148; e-mail: firstname.lastname@example.org; website: www.dorint.com.
3.3 Premium services, whether in the form of premium gifts or overnight stay premiums, are all subject to availability at the time they are ordered. In all cases where the desired premium is not available, Dorint will immediately inform the participant, offering him/her an alternative. Premium gifts will be sent postage-free by Dorint to the participant. This does not apply in cases where the postal address given by the participant lies outside the EU. In such cases, Dorint shall agree the postage costs beforehand with the participant and ship at the participant's expense.
3.4 Accumulated Dorint bonus points are valid for a period of 36 months from the date of their acquisition. Dorint bonus points not redeemed within this period shall be forfeited without compensation at the end of the succeeding quarter. The quarter in which they were collected shall be decisive with regard to forfeited Dorint bonus points, and not the exact date of their accreditation.
3.5 The conversion of Dorint bonus points into an equivalent monetary value, or the payment and/or settlement of them in cash are excluded. The exchange or return of Dorint premium services is only possible within limitations: Premium gifts are non-returnable. In the event of an overnight stay premium being already booked but not claimed and/or redeemed, the respective Dorint bonus points value can only then be retroactively re-credited to the participant's account if and when the Dorint Card holder has communicated his/her cancellation of the overnight stay premium to the Dorint Card Service Center within the specified cancellation deadlines required by the Dorint hotels and resorts taking part. Belated cancellation shall lead to the accumulated Dorint bonus points being forfeited without substitution. The sole addressee for the cancellation of overnight stay premiums is the Dorint Card Service Center: Monday to Friday from 9:00 a.m. until 6:00 p.m., tel.: +49 221 48567-222, e-mail: email@example.com.
3.6 Only a limited number of rooms is available for the overnight stay premiums. The redemption of overnight stay premiums is therefore only possible on request and subject to availability, and to prior confirmation of booking being received. The overnight stay premiums apply for the hotels and resorts taking part and include accommodation in a double or single room including breakfast (for a maximum of 2 persons).
III. Further provisions for the Dorint Bonus Programme
1. Termination of participation
1.1 Regular termination of participation in the Dorint Bonus Programme may be effected by either party without either notice being given or reasons being specified. Participants may submit their termination by letter addressed to: Dorint Hotels & Resorts, Dorint Card Service Center, Aachener Straße 1051, 50858 Köln, Germany, by e-mail to: firstname.lastname@example.org or by fax to: +49 221 48567-148. In the event of regular termination, whether submitted by the participant or by Dorint, the Dorint bonus points shall remain valid for a period of 12 months from receipt of the notice of termination, unless earlier expiry in accordance with II. 3.4 shall apply. Dorint bonus points may not be transferred to another participant's account (whether already in existence or newly opened).
1.2 Dorint reserves the right, given good reason, to terminate without notice in exceptional circumstances. Good reason is given especially in cases where a participant is culpably and seriously in breach of these Conditions of Participation. The same shall apply in cases of abuse or substantially false declaration. Abuse is deemed to exist particularly in cases constituting a breach of II. 2.4. In the event of termination in exceptional circumstances by Dorint, the Dorint bonus points shall remain valid for a period of 6 months from receipt of the notice of termination, unless earlier expiry in accordance with II. 3.4 shall apply.
1.3 In the event of the death of a Dorint Card holder, his/her participation in the Dorint Bonus Programme shall cease. In such an event, whatever Dorint bonus point balance may still exist shall be donated to the Dorint child welfare charity partner, the Deutsche Kinderschutzbund Bundesverband e. V.
1.4 In the event of no account movements taking place on a participant's account for a period of 36 months, his/her participation in the Dorint Bonus Programme shall cease at the end of the following quarter without official notice of termination being required. The terms of III. 1.1, final sentence, shall apply accordingly.
1.5 Dorint reserves the right to end the Dorint Bonus Programme and to effect regular termination of the participation agreement at any time without specifying its reasons for so doing. Provisions equivalent to those outlined in III. 1.1 shall apply with regard to any remaining Dorint bonus point balance on the participant's account at the time of termination. The same shall apply in the event of Dorint replacing the programme by another scheme. In this latter case, participants also have the right to terminate in accordance with III. 1.1.
2. Programme changes
Dorint reserves the right to make changes or amendments at any time to the Dorint Bonus Programme, the premiums contained therein and the relevant Conditions of Participation, whereby Dorint shall give commensurate consideration to the interests of the participants. The changes or amendments shall be deemed to have the approval of the participants and shall become an integral part of this contract unless any participant shall file written objection with Dorint within one month of notification thereof being made.
Dorint shall be liable in principle for all legal and contractual claims only in cases of wilful or grossly negligent conduct. By way of exception, Dorint shall be liable for slight negligence in cases of damages arising from the breach of essential contractual duties or involving injury to life, limb or health. In the event of damages arising from the breach of essential contractual duties, liability shall be limited to foreseeable damages such as are typical of the contract. Dorint shall not be liable either for indirect or for consequential damages. These exclusions and limitations of liability shall apply likewise to all or any legal representatives or vicarious agents.
4. Applicable law
The law of the Federal Republic of Germany shall exclusively apply.
Last revision: August 2014