Terms & Conditions – Loyalty Concierge Scheme

These terms and conditions (“Terms and Conditions“) apply to the Loyalty Concierge Scheme under which rewards, events, offers and experiences are awarded against qualifying purchases (each a “Promotion“), a loyalty programme for customers with a Loyalty Concierge account (“Account“) which is accessed via the Loyalty Concierge App.

An individual with an active Account shall be a member of the Loyalty Concierge Scheme (the “Member(s)” and each a “Member“).

The promoter of the Loyalty Concierge Scheme is Wylam Investments Limited (08348172), whose registered office address is at 16 Wedgewood Heights, Holywell, Clwyd, CH8 7NY and St James Hotel Group Holdings Limited (08898826), whose registered office address is at 2 Chapel Court, Holly Walk, Leamington Spa, England, CV32 4YS, each acting on behalf of itself and its subsidiaries from time to time (together “the Promoter”).

Please read these Terms and Conditions carefully and make sure that you understand them before registering for an Account. By completing the registration form for the Account via the Loyalty Concierge App, and by participating in a Promotion, the Member agrees to be bound by these Terms and Conditions.

1. Account

1.1 To register for an Account, an account registration form must be completed via the Loyalty Concierge App (“App“). The App can be downloaded from the Apple App Store or the Google Play Store.

1.2 Upon completing the registration form for an Account, an Account will be opened where the Member’s rewards and benefits will be collated.

1.3 Unless The Promoter expressly agrees otherwise in writing, the primary methods of communication in connection with a Promotion shall be via the App, emails and/or text messages (depending on the contact information supplied at registration).

1.4 It is a condition of entry to a Promotion that all information given at registration for an Account is true, current and full. It is the Member’s obligation to update any information submitted upon registration and to ensure that the Member’s details remain accurate and up to date. The Promoter shall not be responsible for any loss resulting from the failure to ensure that the Member’s details are accurate and up to date.

1.5 It is the Member’s responsibility to keep secure any information that might identify the Member and allow access to the Member’s Account. The Promoter shall not be responsible or liable in any way if a person is not able to redeem any Incentive (as defined in clause 3.4 below) as a result of the Member not taking proper care and security of the Member’s Account details.

2. Members

2.1 To become a Member, you must be aged 18 or over.

2.2 Only individual guests are eligible to become a Member and each Member can only have one Account. If a guest holds multiple Accounts, the Promoter reserves the right to delete all of those Accounts along with access to Promotions and Incentives.

3. Promotions and incentives

3.1 A Promotion is only open to Members with an active Account.

3.2 Promotions give Members access to rewards, events, offers and experiences (“Incentive”).

3.3 Each Member shall be entitled to apply for a Promotion, provided none of the exclusions detailed in these conditions apply.

3.4 Details with respect to each Promotion, the terms and conditions applicable, and how to earn an Incentive can be found in the App. The Promoter reserves the right to remove, change or end Promotions at any time.

3.5 Incentives can only be earned from the date the Member opens an Account.

3.6 An Incentive cannot be used in conjunction with any other offers, promotions or discounts.

3.7 After an Incentive is earned, the Incentive will automatically be uploaded to the Member’s Account.

3.8 If a Member requires a refund on any spend made which was a condition of a Promotion, any Incentives earned in connection with the Promotion shall be removed from the Member’s Account.

3.9 The Promoter reserves the right to refuse to allocate Incentives to any transaction which it has reason to believe it is a fraudulent transaction.

3.10 All Incentives are subject to availability, amendment or withdrawal by the Promoter at any time without prior notice.

3.11 If a Member has not redeemed their Incentive within 12 calendar months of the date the Incentive was earned, the Incentive will expire and be removed from the Account. The Member will not be entitled to any compensation or damages from the Promoter in connection with those forfeited Incentives.

3.12 The Promoter will not exchange any Incentives for cash or credit and the Promotion is non-transferrable.

3.13 The Promoter reserve the right to correct any mistakes that are made in respect of Incentives issued to the Member but recommends that the Member keeps records of its transactions so that it can check that the information held is accurate.

3.14 The Promoter reserves its right to substitute any Incentive with an incentive or reward of equivalent value in the event of circumstances outside of its control.

3.15 For Incentives which entitle Members access to an event or experience, dates on which the Incentives will take place will be available on the App or otherwise confirmed by The Promoter and/or Promotion Partner (as defined in clause 4.4).

3.16 The Promoter reserves the right to modify the details or dates of any Incentives or the Promotion without prior notice at any time and for any reason.

3.17 Despite the efforts of the Promoter and Promotion Partners (as defined in clause 4.4), some Promotions advertised on the App may have been attributed with an incorrect Incentive. If this is the case the Promoter will notify the Member. For the avoidance of doubt, there will be no obligation on the Promoter to provide an Incentive advertised where such an error has been made, whether by the Promoter, a Promotion Partner (as defined in clause 4.4) or any other third party.

3.18 To the extent there is any conflict between these Terms and Conditions and the terms and conditions of an individual Incentive, the terms of the individual Incentive will prevail.

4. Claiming an Incentive

4.1 The Member acknowledges that some Incentives may be redeemed directly with third party merchants and/or suppliers (the “Promotion Partners“, each a “Promotion Partner“) who may offer links to their websites via the Website (“Third Party Sites“). These links are provided for your information only and such links should not be interpreted as approval by the Promoter of those Third Party Sites or information a Member may obtain from them.

4.2 The Promoter is not responsible for Third Party Sites nor for any product information or services supplied through or in connection with such Third Party Sites.

4.3 The Promoter has no responsibility for the standard, quality or otherwise of any Incentives, goods or services offered, received or supplied by a Promotion Partner or the failure of any Promotion Partner to honour a redemption and any claims in relation to the same must be made directly with the Promotion Partner.

4.4 Any dealings that the Member may enter into with any Promotion Partner (or other third party) will be solely between them and that Promotion Partner (or other third party), including any transaction for the purchase of products from such Promotion Partners (or other third parties). All such dealings will be subject to the terms and conditions and privacy policies of such Promotion Partners (or other third parties) as are applicable to such transactions.

4.5 No change to, or cancellation of, an Incentive can be made by the Member after it has been booked.

4.6 Once redeemed, the Incentive cannot be transferred, exchanged, sold or in any way traded. The Incentive cannot be used for third party entertainment or gifted or awarded to a third party without the written consent of the Promoter.

4.7 Members are responsible for any expenses and arrangements not specifically included in the Incentive, including any necessary travel arrangements, accommodation, facilities at the attraction, spending money, telephone calls, personal items, merchandise and souvenirs, incidental costs, all meals or refreshments, or taxes or expenses which may be incurred in connection with the Incentive.

5. Liability

5.1 The Promoter is responsible for any foreseeable loss or damage caused by us. If we fail to comply with our obligations to you under these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into a contract on the basis of these Terms and Conditions.

5.2 The Promoter is not liable for business losses. You agree not to use the Account, for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity and any other like loss (in each case, whether direct or indirect).

5.3 The Promoter will not be responsible for any failure to earn or redeem a Reward as a result of a communication failure or the unavailability of the App.

5.4 Nothing in these Terms and Conditions excludes or limits the Promoter’s liability for:

5.4.1 death or personal injury resulting from the negligence of the Promoter, its employees or agents;

5.4.2 fraud or fraudulent misrepresentation; or

5.4.2 any matter in respect of which it would be unlawful for the Promoter to exclude or restrict liability.

6. Termination

6.1 The Promoter may terminate the Member’s participation in a Promotion and cancel or suspend any earned Incentives and/or terminate a Member’s Account by notifying the Member in writing if the Promoter reasonably believes that the Member:

6.1.1 has acted in a way that harms the Promotion or any Promotion Partner;

6.1.2 has engaged in any illegal or fraudulent activities;

6.1.3 has collected or redeemed Incentives dishonestly or in a way that breaches these Terms and Conditions;

6.1.4 has acted in a hostile, abusive or aggressive manner towards any of the Promoter’s or a Participating Restaurants’ employees, any of its agents’ employees or any of its Promotion Partner’s employees;

6.1.5 has knowingly provided false or misleading information at any time in relation to the Member’s participation in the Promotion; and/or

6.1.6 has not earned or redeemed any Incentives for a consecutive 24 month period.

6.2 In the event that the Member’s Account is withdrawn from the Promotion or is terminated at the Promoter’s discretion, the Member’s right to use any accumulated Incentives will be forfeited and the Member will not be entitled to any compensation or damages from the Promoter, its agents or any third party.

7. Data Protection and Publicity

7.1 The Promoter will process the personal data of Members in accordance with our privacy notice castlebridgehospitality.co.uk

7.2 We do not control Third Party Sites and are not responsible for their privacy statements. We encourage you to read the privacy policy of each Third Party Site you visit.

8. General Conditions

8.1 These Terms and Conditions replace all previous versions and are correct as at the date indicated on page 1 The Promoter reserves the right to amend these Terms and Conditions, the App Terms of Use and the Privacy Policy at any time. Members who continue to participate in Promotions following any such amendments will be considered to have accepted such updated documents.

8.2 The Promoter shall not be in breach of these Terms and Conditions or be liable for any disruption to a Promotion, an Incentive, or any delay in performing or failure to perform, any of its obligations under these Terms and Conditions if such disruption, delay or failure results from events beyond its reasonable control. Such circumstances shall include, but not be limited to, acts of God, adverse weather, fire, flood, computer virus, mobile phone failures, bugs, sabotage, strike, industrial dispute, war, hostilities, political unrest, riots, civil commotion or unrest, terrorism or supervening legislation.

8.3 The Promoter reserves the right to vary these Terms and Conditions or cancel the Promotion at any stage in the event of circumstances arising beyond its reasonable control.

8.4 No failure or delay by the Promoter to exercise any right or remedy provided under these Terms and Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

8.5 No one other than the Promoter (their successors and permitted assignees) and the Member shall have any right to enforce any of these Terms and Conditions.

8.6 A Member shall not be entitled to transfer its rights under these Terms and Conditions without the prior written consent of the Promoter.

8.7 Nothing in these Terms and Conditions is intended to, or shall be deemed to, establish any partnership between the Promoter and any of the Promotion Partners.

8.8 These Terms and Conditions, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the English courts shall have exclusive jurisdiction over any proceedings in connection with these Terms and Conditions (save that consumers in Scotland and Northern Ireland may additionally bring an action in their home courts).

8.9 The Member’s statutory rights are not affected by any of the above Terms and Conditions.

9. Questions

If there are any questions in connection with your Account or these Terms and Conditions please contact us at [email protected].