TERMS AND CONDITIONS OF CATALONIA REWARDS MEMBERSHIP

1.Introduction

1.1. DUQUES DE BERGARA, S.L., with company address at Bergara 11, 08002 Barcelona and holder of fiscal identification number (NIF) B-58227877  (hereinafter, “Catalonia Rewards”), offers its users the opportunity to join the rewards and loyalty program of the hotel chain Catalonia Hotels & Resorts (hereinafter, “CHR”), through which members can enjoy excellent prices at CHR hotels and, at the same time, enjoy a unique CHR booking experience. 
1.2. This document regulates the terms and conditions of Catalonia Rewards membership (hereinafter, “Terms and Conditions of Membership”) and details the process for obtaining and redeeming Catalonia Rewards points (hereinafter, “Travel Cash”) by the registered users of Catalonia Rewards (hereinafter, the “Member” or “Members”), with the specific terms applicable to each kind of transaction available to them through www.cataloniahotels.com  (the “Website”). 
1.3. After completing the Catalonia Rewards’ registration form, the Member accepts having read and understood, and agrees to the content of the present Terms and Conditions of Membership and remains subject to them for the duration of their membership. The registration form is available on (i) the online channel of Catalonia Rewards (i.e. the Website), (ii) at the reception of the CHR hotels, and/or (iii) via any other support that Catalonia Rewards may make available for this purpose. 
1.4. Members can book at all the CHR hotels published on the Website (hereinafter, “hotel” or “hotels”) based on availability, and for the services and rates available at any given time, whose current and updated terms and conditions will be available for the Member on the Website. 

2. Registration

2.1. Natural persons of legal age and legal entities can be Members of Catalonia Rewards. 
2.2. Registration on the Programme is free of charge.  
2.3. Registration in the program and the corresponding application to open a Catalonia Rewards account (hereinafter, “Catalonia Rewards account” or “account”) in order to be able to enjoy the advantages associated with the club shall be processed by duly completing the form via the channels mentioned in clause 1.3. 
2.4. When a Member registers, she/he must provide Catalonia Rewards with the following personal data: (i) full name; (ii) country; (iii) contact email; and (iv) password. Furthermore, during her/his relationship with Catalonia Rewards and in engaging services through the platform the Member may be asked to provide other personal data from time to time. 
2.5. The Member warrants that the personal data submitted by her/him to Catalonia Rewards are accurate, true and up to date. In order to do so, the Member may modify the information in her/his profile at any time. 
2.6. Each Member may only have one active Catalonia Rewards Account. The Catalonia Rewards account is personal and non-transferable and identifies its Members with their data and amount of Travel Cash accumulated, thereby facilitating their membership in the program. The Member recognises that, for security reasons and in order to prevent fraudulent behaviour, the Catalonia Rewards Customer Service Centre may request, by telephone or e-mail, the documentation (e.g. a copy of a national identity card),information or confirmation necessary to verify the identity of the Member who, for instance, is requesting to make a booking, or modify or cancel a confirmed booking. This information will be stored in accordance with the security measures established by the relevant personal data protection legislation. 
2.7. In the case of bookings made through a Catalonia Rewards Account belonging to a legal entity, the Travel Cash shall be allocated to the holder of the Account, regardless of the natural person who has actually enjoyed the overnight stay in a hotel. Under no circumstances shall Catalonia Rewards be liable for the relationship between the legal entity that holds the Account and the natural person who enjoys the corresponding overnight stay. 
2.8. The advantages that may be associated with the Programme’s various levels of membership as defined in section 4 below are linked to the actual overnight stays that the Member had accumulated over a period of twelve (12) months from the date of registration for the Programme or that of an upgrade to a higher level. 

3. Personal área

3.1. When users register as Members, they will have access to their own private area (the “personal area”),provided that they correctly identify themselves as members by entering their access details. 
3.2. By accessing their personal area, Members can check their travel cash, see details of recent transactionsin terms of accumulation and use of travel cash, see upcoming bookings, access their booking history,change their profile settings (e.g. change personal details and update communication preferences), etc. 
3.3. Catalonia Rewards shall in no event be liable for the undue access of a third party to the personal area orfor any fraudulent use that Members may make of their Catalonia Rewards account.

4. Levels of Catalonia Rewards Membership

4.1. There are four levels of Membership, based on the number of hotel nights booked through Catalonia Rewards and used in a period of twelve (12) calendar months (i.e. one year) from the date on which theMember accesses each of the corresponding levels.  
4.2. Each level is associated with a number of specific benefits for being a member of Catalonia Rewards. Only the hotel nights booked through direct CHR channels: Website, Booking deparment CHR, phone call directly with the hotel or in person at the reception desk of thehotel, will count for assigning a membership level. Bookings through third parties (i.e. Tour-operators, travel agencies, online booking platforms, etc.) will not be valid for these purposes. negotiated prices, employee prices, group prices, events and conventions, crews).  
4.3. Catalonia Rewards shall award the following levels by applying the following criteria: 

•Great Guest: This is the starting level of all new Members and members who have booked and 
•Circle Guest: This is the level awarded to Members who have booked and used between four (4)and thirty-four (34) nights in the hotels in a one-year period. 
•Star Guest: This is the level awarded to Members who have booked and used between thirty-five (35) and fifty (49) nights in the hotels in a one-year period. 
•Top Guest: This is the level awarded to Members who have booked and used fifty (50) or more nights in the hotels in a one-year period.

4.4. In all of the above cases, the Member shall have a period of twelve (12) months to be counted from the date on which the category was obtained for fulfilling the aforementioned conditions of the category or twelve (12) months from the date of registration for the Programme. Should the Member fail to fulfil any of the requirements set out above for the category into which she/he falls, she/he shall be downgraded to the level immediately below that, and so on. 4.5. Notwithstanding the foregoing, Catalonia Rewards may create special levels of membership based on commercial criteria or on agreements with individuals, businesses, associations and/or groups. 
4.6. The number of nights that shall be taken into consideration to gain access to one of the levels specified above shall correspond to the sum of the overnight stays spent and paid by the Member. 
4.7 Should two members stay in the same room, only the one considered to be the main Guest shall be entitled to count these nights towards an upgrade.  
4.8 Should two rooms be booked that are occupied by two different members, they shall both individually accumulate the overnight stays spent, regardless of who paid for them.  
4.9 If the Member of the Programme reached or exceeded the number of overnight stays spent using Catalonia Rewards that are set for the level in question, she/he shall automatically be upgraded regardless of whether or not the year has elapsed. In this case, the twelve-month period that Catalonia Rewards shall take into account to calculate a Member’s upgrade or downgrade on the Loyalty Programme shall start to be counted again from the date on which the Member was upgraded or downgraded.  
4.10 Upgrades and downgrades shall be automatically carried out by Catalonia Rewards. 
4.11 They shall not entail restarting the calculation of overnight stays from scratch for the purposes of membership.  
4.12 Catalonia Rewards may modify the conditions associated with each level of membership from time to time (e.g., the number of overnight stays required to belong to one level or another, the number of months for calculating rewards, etc.). 
4.13 Notwithstanding Catalonia Rewards’ entitlement to suspend a Member who engages in fraudulent registrations or bookings, Catalonia Rewards reserves the right to downgrade that Member by up to three levels, at its entire discretion, in the event that she/he makes fraudulent use of her/his membership or if she/he fails to turn up for bookings made through one of the direct booking channels.

5. Accumulation of Travel Cash 

5.1. The aim of Catalonia Rewards is to reward its members. Therefore, amongst other advantages, for every booking that the Member makes through CHR’s direct channels, she/he shall automatically accumulate Travel Cash redeemable as discounts on future bookings at any of the Hotels posted on the Website.  In order for Travel Cash to be released, the booking must have actually been enjoyed and paid. In the event that a Member books a Hotel through a third party, no Travel Cash shall be earned nor shall the nights of this booking be counted. 
5.2. Travel cash constitutes a percentage of the total price of each booking. If the percentage to be converted to travel cash is a decimal fraction, it shall be rounded to two decimal places to calculate the travel cash. 
5.3. One unit of travel cash is equivalent to one (1) euro discount on future bookings. 
5.4. If the booking is made in a currency other than the euro, travel cash shall be converted by applying the official exchange rate in euros established to that effect at the time the booking is paid for. 
5.5. The percentage of travel cash accumulated with each booking depends on the membership level in the following terms: 
Level - Percentage of travel cash accumulated perbooking (of the total price)

•Great Guest 3 % 
•Circle Guest 4 % 
•Star Guest 5 % 
•Top Guest 6 % 

5.6. The Travel Cash obtained shall expire twenty-four (24) months after it is obtained, unless it is redeemed.  
5.7. Travel Cash may be earned for stays (up to a maximum of 10 rooms per member for each stay) that from part of the Programme, in different proportions and subject to the specific restrictions and limitations of each Hotel and booking. Bookings of more than 4 rooms may be subject to special conditions and entail surcharges. Once a booking has been made, the Hotel shall contact the Member to arrange advance payment. 
5.8. Travel Cash cannot be exchanged for money or other services beyond those specified by Catalonia Rewards. 
5.9. Should a booking be made for two rooms to be occupied by two different members, if one of them pays for the two rooms, her/his account shall be credited with the proportion of Travel Cash to which she/he is entitled based on her/his profile.
5.10. Should two or more members stay in the same room, only the one considered to be the main guest shall accrue the proportion of Travel Cash to which she/he is entitled based on her/his profile. 
5.11. New members, once they have joined the program, will begin earning cash for travel on the same stay, as long as the booking comes from the direct channels of the CHR. 
5.12. If, at any time, circumstances beyond the control of Catalonia Rewards should arise that cause the service of use and/or accumulation of travel cash to be interrupted due to a technical fault, Members shall be entitled to continue to accumulate any travel cash not recorded, but may not use their accounts until communications have been re-established and may not ask Catalonia Rewards for any benefit or compensation for this circumstance. Travel Cash shall be credited to the Catalonia Rewards account of each Member a maximum of 72 hours after the corresponding booking has been used and provided that these services have been fully paid for. 
5.13. Travel Cash shall, in no event, be generated in the event of advance cancellation without payment of the booking or of failure to pay (fully or in part) the amount of the booking. Travel Cash shall not be generated by additional services provided directly by the hotel other than accommodation, neither shall services and products subject to special promotions, unless stated to the contrary.

6.Redeeming Travel Cash

6.1. Travel Cash obtained with each booking can be redeemed in the next booking made by the Member. Members can also accumulate Travel Cash (up to their expiry limit) in order to apply the corresponding discount to future bookings of their choice. 
6.2. The Travel Cash may be redeemed on the date of check-in or check-out from a Hotel. 
6.3. Bookings with redemption shall also generate travel cash. 
6.4. The Member is directly responsible for the payment of any taxes that may arise as a result of transactions involving travel cash.

7. System for Redeeming Travel Cash

7.1. Members are entitled to submit claims when, in their opinion, the information on their Catalonia Rewards account and/or movements submitted by Catalonia Rewards do not conform to the provisions of these terms and conditions of membership. 
7.2. Members can submit the corresponding claim using the form available for this purpose on the website (https://www.cataloniahotels.com/en/contact-us) and must indicate the contracted service to which the claim relates; users must always provide proof of the transaction. 
7.3. In these cases, the liability of Catalonia Rewards shall be limited to resolving the error as soon as the Member provides proof of his or her entitlement. 
7.4. Claims shall be submitted in a period of three (3) months from the check-out date of the stay.

8. Other exclusive benefits at destinations and in special promotions for members

8.1. The benefits at destinations and in special promotions for each level of membership can be seen on the membership level table posted on the Website at https://www.cataloniahotels.com/en/rewards 
8.2. In any event, all benefits shall be subject to Hotel availability and some may be related to the type of accommodation booked. 
8.3. Benefits shall not apply in the case of bookings at a specially negotiated price by the Member or third party with the Hotel, or in the case of bookings made through third parties. 
8.4. Catalonia Rewards may offer special promotions to its members, as well as to users of the Website to encourage them to register as a Member. Each of these special promotions shall be governed by its own terms and conditions. Catalonia Rewards reserves the right to set a different expiry for the Travel Cash earned in a special promotion. 
8.5. In addition to the exclusive benefits that apply, a Hotel may, at its sole discretion, offer additional advantages to its members.

9. Bookings, Prices and Special Rates

9.1. Catalonia Rewards is a loyalty program with booking-management platform. Hotel services arecontracted directly between the Member and the hotel. 
9.2. All website prices are prices per room for the full stay (and are shown with VAT and other taxes included [subject to changes in these taxes]), unless stated otherwise on the website or in the confirmation email. 
9.3. Catalonia Rewards will publish prices in euros (EUR) or (USD), notwithstanding the fact that bookings made at hotels located outside the Euro zone whose payment is made directly in the hotel, must be paid in the applicable national currency. 
9.4. On occasion, the Website may show a rate that is cheaper than another for the same specific stay in a hotel. These rates created by the hotels may include restrictions and special conditions (for example,regarding the cancellation policy). Members must therefore check all the information on the room and the rate thoroughly in order to determine the applicable conditions before making the booking. 
9.5. If a booking is refundable, the credit card provided by the Member shall be used as a guarantee. In the event of a no-show, the amount due for the first night shall be charged.  
9.6. If the price of a room is non-refundable, neither changes nor cancellations shall be allowed and, in the case of a cancellation or no-show, the full room price shall be charged.  
The credit card provided by the Member shall be used to debit the full price of the booking. 

10. Payment of Bookings Without Redeeming Travel Cash

10.1. Members can pay the hotel directly for the price of the booking when their stay has ended, in thecurrency and using the means of payment that the hotel has established in its corresponding specific terms and conditions. 
10.2. When the booking is made, the hotel may require that the Member provide a credit card numberthrough Catalonia Rewards to guarantee the booking,  
10.3. Each booking is subject to its own conditions regarding booking cancellations, type of room, guests' identification documents, accommodation regime, etc. Please read the specific terms and conditions of each booking carefully before completing the booking. 

11. Payment of Bookings With Redemption

11.1.In the case of bookings using redeemable Travel Cash, the Member must exchange the part of her/his accumulated Travel Cash in her/his Account at the time she/he checks in or out of the Hotel. The maximum number of points that may be exchanged in a booking using redeemable Travel Cash is the total price of the booking the user wishes to make. If the Member only trades in part of her/his points, she/he must pay the rest in the currency and using the method of payment that the Hotel has established in its corresponding special terms and conditions. 
11.2. In the case of bookings with redemption, Members must redeem all the travel cash accumulated in their account when making a booking with redemption. The maximum amount of points that can be redeemed in a booking with redemption is the total price of the Catalonia Rewards booking that the user wishes to make. 
11.3. Should the Member cancel a booking using redeemable Travel Cash within the deadline allowed by the Hotel for cancelling bookings without charges or penalties, the amount, if applicable, that had already been charged to the Member’s credit card shall be refunded. This refund shall be paid within seven (7) calendar days at most following the cancellation of the booking on the Website, whilst the Travel Cash shall be paid back into her/his Rewards Account provided the Travel Cash used had not been spent beyond its date of expiry, as in such cases she/he would forfeit the part of the Travel Cash spent beyond its date of expiry.

12. Bookings in Special Situations

12.1. In the case of some rates or special offers, the hotel may require payment in advance. In this case, the credit/debit card of the Member may be pre-authorized or charged (sometimes without a refund option) when the booking is made. Members must therefore check all the information on the room thoroughly in order to determine the special conditions before making the booking.
12.2. The Member must thoroughly consult the room information to know the special conditions before making the Booking.

13.Transfer of Travel Cash

13.1. The transfer of Travel Cash between Catalonia Rewards Accounts of different holders may be made at any time through the Catalonia Rewards Customer Service. Only the holder of the donor Rewards Account may request the transfer of her/his Travel Cash. Requests by persons other than the Account holder shall not be dealt with. The donor must write an email to transfer Travel Cash in order to prove that she/he is the Account holder. The Travel Cash transferred shall be subject to the same term of expiry and conditions for using it as the holder who transfers it was.  Therefore, the new Account holder who receives points through such a transfer may only redeem or use them under the same conditions to which their former holder would have been subject.    
13.2. Travel Cash transferred to another Account holder shall under no circumstances count towards or be taken into account for the purposes of setting the level of Catalonia Rewards of that Account holder. 
13.3. Travel Cash from promotions and packages may not be transferred. 

14.Fraudulent use of credit cards

14.1. Should a credit/debit card company or bank charge the Member an amount due to unauthorised transactions as a result of a booking made on the Website, Catalonia Hotels shall refund up to 50 euros or the equivalent amount in local currency. 
14.2.In order for Catalonia Rewards to compensate the Member, she/he must inform her/his bank or credit/debit card company of the fraud immediately and contact the Catalonia Rewards Customer service by calling +34 930180111 or by filling in the form available for this purpose on the Website  (https://www.cataloniahotels.com/en/contact-us), with proof provided of the fraudulent charge in the latter case.  This compensation shall only apply to bookings made using a credit/debit card on the Website’s secure server and to unauthorised payments made using a credit/debit card on the Website’s secure server, due to a failing or the negligence of Catalonia Rewards, for which the Member is not liable. 

15. Fraudulent Use of the Account by a Third Party

15.1. In the case of fraudulent use of the account by a third party, the Member who is the owner of the affectedaccount undertakes to notify the Catalonia Rewards Customer Service Centre (+34 930180111) or completeand send the form available for this purpose on the website (https://www.cataloniahotels.com/en/contact-us) as soon as he or she becomes aware of this circumstance. 
15.2. On receiving notification from the Member, Catalonia Rewards shall immediately cancel the account and shall assign the amount of travel cash accumulated to a new account, which shall be opened in the name of the Member as soon as possible. 
15.3. Catalonia Rewards shall in no event be liable for fraudulent use that third parties may make of the account and the benefits accumulated therein. 

16.Personal data

Should you register as a Member on our Catalonia Rewards Loyalty Programme, the data controller is: 
Data controller: Duques de Bergara, S.L. (“Catalonia Rewards”).  
Postal address: Calle Bergara, 11, Barcelona. 
Telephone no.: +34 93 236 00 00. 
Email for matters related to data protection: dpo@cataloniahotels.com 

A) Pursuant to the provisions of the European General Data Protection Regulation 2016/679 (“GDPR”), we hereby inform you that Catalonia Rewards may process the personal data that the Member provides as indicated in sections 2.4 and 2.6 above for the following purposes:  
1.Handling your consent to and monitoring your compliance with the Privacy Policy and the General Terms and Conditions of Use of the Website, the Terms and Conditions of Membership of the Catalonia Rewards Loyalty Programme, as well as any matters related to your membership of Catalonia Rewards including, amongst other matters, handling and confirming your bookings through Catalonia Rewards, sending all of the details about your booking to the hotel in the Catalonia Hotels & Resorts chain with which you have made a booking, streamlining the confirmation of your future bookings by keeping your personal data on record, informing you of your membership status and the amount of Travel Cash you have accumulated, in addition to responding to any enquiries or requests that you send to Catalonia Rewards. 2.Provided you have not objected to us doing so, sending you marketing messages and advertisements by electronic means (such as email or text messages) about: (a) offers, news and new features related to the hotel in which you are staying; and/or (b) offers, promotions and competitions run by Catalonia Rewards or in which it is involved. 
3.Carrying out automated segmentation and profiling processes based on the information provided by you and your stays at our hotels as a Member in order to send you personalised information and enhance our services. 
4.Preventing abuse and fraud in the use of the services (e.g., fraudulent activities). 
5.Assigning data to public organisations and authorities, provided they are required pursuant to legal and regulatory provisions.  

B) As a Member, your personal data shall be kept on record while the contractual and/or commercial relationship lasts, or until you request their erasure, as well as for the time required to comply with legal obligations. 

C) The legal basis for Catalonia Rewards processing your data as a Member lies in: 
•The performance of an agreement with Catalonia Rewards, in relation to section A), point 1 above. 
•The legitimate interest of Catalonia Rewards to send marketing messages about similar products and services engaged in relation to section A), point 2 above. 
•The legitimate interest of Catalonia Rewards in relation to section A), point 3 above, which lies in showing you services, offers and promotions that Catalonia Rewards considers may be of interest to you because they are similar to other services you have engaged, all based on the preparation of a marketing profile and internal statistical reports. For these purposes, Catalonia Rewards shall track your behaviour in order to ascertain whether you could benefit from other offers and services. Your marketing profile as a Member shall be drawn up using Catalonia Rewards proprietary information. 
•The legitimate interest of Catalonia Rewards in relation to section A), point 4 above, in order to protect Catalonia Rewards and/or its customers through the prevention of abuse and fraud in the use of our services. 
•The compliance of the legal obligations applicable to Catalonia Rewards, for the purpose set out in section A), point 5 above. 

D) The Member’s personal data may be disclosed to third parties in the following cases: 
•The processing of your data as a Member by suppliers that belong to the CHR group, as well as other third-party suppliers that act as data processors as a result of rendering a service to it.  
•The data processing carried out by some of the suppliers that belong to the CHR group may involve the international transfer of data. In such cases, the agreements that the CHR group has entered into with these suppliers contain appropriate safeguards in compliance with the GDPR in order to ensure that your personal data as a Member are duly protected. 
•Your personal data as a Member may also be assigned to public organisations and authorities (such as Spain’s Law Enforcement Forces and Agencies, amongst others) whenever there is a legal obligation to do so. 

E) As a Member you are entitled to: 
•Obtain confirmation about whether or not the data controller is processing your personal data. 
•Access your personal data and to seek the rectification of inaccurate data or, where applicable, request their erasure whenever, among other reasons, the data are no longer needed for the purposes for which they were collected. 
•Request, in certain circumstances, that the processing of your data be restricted, in which case we shall only store them to lodge or defend ourselves against claims.  
•Object, in certain circumstances, to the processing of your data for reasons related to your personal situation. The data controller shall no longer process your data, unless there are compelling legitimate grounds for doing so, or to lodge or defend itself against potential claims. 
•Exercise your right to data portability in accordance with the regulation in force. 

Should you wish to exercise any of your rights as a Member, you may contact CHR by sending an email to dpo@cataloniahotels.com. Alternatively, you can write to CHR at the following address: Atención al Cliente, C/Córcega, 323 – 08037 Barcelona and writing “Protección de Datos” on the envelope. You should supply as much information as possible about your request: your full name, email address used for your account or the website your request concerns.  

Finally, as a Member you may address the Spanish Data Protection Agency and other public organisations for any claim arising from the processing of your personal data.

17. Cancellation of the Member’s Account 

17.1. The Catalonia Rewards account does not expire, but it may be blocked and membership may be cancelled forany of the following reasons: 
a. At the request of the Member: by filling in the form made available for this purpose on the Website’s Personal Area or contact section (https://www.cataloniahotels.com/en/contact-us). You may request that your membership be cancelled by writing to Calle Córcega, 323 – 08037 Barcelona. The voluntary cancellation of your membership shall entail the automatic loss of your Travel Cash and benefits from the time that your Account is blocked and you lose membership status on the Programme. 

b. At the request of Catalonia Rewards: 
•Whenever force majeure events occur or if due to legal or other requirements the Loyalty Programme had to be cancelled. 
•Due to the death or disappearance of the Member. 
•Whenever the business strategy of Catalonia Rewards so requires. 
•Catalonia Rewards likewise reserves the right to temporarily suspend or definitely cancel a membership due to: (i) a breach of these Terms and Conditions of Membership; (ii) fraudulent registrations or making fraudulent bookings at Hotels; (iii) failure to make payments; and (iv) inappropriate behaviour in a Hotel, notwithstanding the right for Catalonia Rewards to claim for damages, if applicable. In all of the abovementioned cases, the Member shall automatically lose all rights to use her/his Account and the benefits associated with the programme, as well as all of the Travel Cash accumulated in all cases. 
17.2. Should cancellation be due to Catalonia Rewards’ business strategy (including, but not limited to, it being declared bankrupt), members of the Loyalty Programme shall be granted a term of three (3) months to redeem their Travel Cash. However, they shall no longer be entitled to obtain Travel Cash or the benefits and advantages for the remainder of this term. 
17.3. In each of the cases listed under paragraph (b) of Clause 17.1 above, as this program is free of charge for the Member, the Member expressly waives the right to claim for damages from Catalonia Rewards due to the cancellation of the account and/or the club. 
17.4. The sale or barter of Catalonia Rewards accounts or Travel Cash is strictly prohibited and shall give rise to the immediate cancellation of the account and Membership. 

18. Liability Waiver

Catalonia Rewards shall not be liable for the following: 

•the use and/or purpose for which Members may use their Catalonia Rewards account and accumulated Travel Cash; 
•any failure by the Member to comply with the obligations set out in these Terms and Conditions of Membership; 
•any defect, fault in the accumulation of Travel Cash or processing of data not directly attributable to Catalonia Rewards or outside of the reasonable control of Catalonia Rewards; 
•any indirect or resulting damages caused to the Member and that may derive from the use of the account or of any of the benefits or services provided in accordance with the functioning of the club; 
•the provision of hotel services booked through the Website (which are the exclusive responsibility of the hotel). In the event of claims relating to services received, Members must contact the hotel in first place, and, in the case that a solution is not obtained, they can contact Catalonia Rewards so that the latter may assist, as far as possible, in the eventual resolution of the conflict; 
•the features of the hotel or any potential discrepancies between the images that the hotels show on the Website and the reality to which they should correspond to the extent that such information is provided by the hotels or service providers. This is without prejudice to Catalonia Rewards's ability to respond to any such claims from the Member; 
•situations completely beyond the control of Catalonia Rewards that prevent the booking from being used, such as overbooking in a hotel, damages that may have occurred in the hotel after the booking is made (e.g. accidents, flooding, damage, etc.), labour strikes, armed conflict, etc.. This is notwithstanding Catalonia Rewards making its best efforts in such cases to relocate the Member to another hotel of the same or similar characteristics.  
•damages resulting from improper use of the Catalonia Rewards account by the Member in 
accordance with the provisions of these terms and conditions of membership; 
•reliability, availability or continuity of the services made available to the Member via the website, although it will try, as far as possible, to provide technical assistance to the affected person; or 
•viruses or elements in the website content that may alter the software or hardware of the users or people who visit the site. 

19. Claims 

19.1. Members may submit claims to Catalonia Rewards in relation to these terms and conditions of membership by telephone via the Catalonia Rewards Customer Service Centre (+34 930180111) or by completing and sending the form provided for this purpose on the website (https://www.cataloniahotels.com/en/contact-us
19.2. If a Member sends Catalonia Rewards a claim relating to any of the hotels and/or services provided by them, when the veracity of the claim has been verified, Catalonia Rewards shall have the option, but not the obligation, to assist and collaborate with the Member to achieve an adequate solution and/or compensation. 
19.3. In case the claim is not resolved by the Catalonia Rewards Customer Service Centre, Members can request the extrajudicial resolution to their claim if they present it via the Online Dispute Resolution platform of the European Union, managed by the European Commission and available on the website: 
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.choose...

20. Miscellaneous 

20.1. Nothing in these Terms and Conditions of Membership grants Members any rights to the website or theimages, logos or, in general, any intellectual or industrial property rights of Catalonia Rewards and Catalonia Hotels & Resorts of the Service providers or of the hotels. 
20.2. Members freely transfer to Catalonia Rewards any rights that may correspond to them over comments and ratings made on Catalonia Rewards or over any images they may upload to the website, for the entire world and to the limit allowed by the law. 
20.3. To the extent permitted by law, these terms and conditions of membership shall be governed and interpreted in accordance with Spanish law and, in the event of any dispute arising from these terms and conditions of membership, the parties, with express waiver of any jurisdiction that may correspond to them, submit themselves expressly to the jurisdiction of the courts and tribunals of Barcelona (Spain). 
20.4. If any provision of these terms and conditions of membership or the application of any provision should be deemed illegal, invalid or unenforceable, in whole or in part, under any law, said provision or part thereof shall be understood not to be applied, but the legality, validity and applicability of the rest of the provisions of these terms and conditions of membership shall not be affected. 
20.5. Catalonia Rewards reserves the right to unilaterally modify these terms and conditions of membership when reasons exist that justify said modification, and to modify the list of hotels, services and rates offered by the club. 

Last updated: 25th September 2019 
© Duques de Bergara S.L., 2019 Total or partial reproduction prohibited. All rights reserved. 
Bergara, 11 08002 Barcelona, Spain