This web site and the related web sites contained herein (collectively, the "Site") make available information on third party hotels, resorts and other transient stay properties (“Properties”) and other travel-related or consumer goods and services. This Site is offered exclusively by The Leading Hotels of the World, Ltd. with an address at 485 Lexington Avenue, New York, NY 10017 and/or its affiliates or subsidiaries (collectively “LHW”) and/or its various third party providers and distributors. The offer of goods and/or services is conditioned on the user's ("User('s)" or "You(r)") prior acceptance of the terms and conditions and notices set forth herein and on other pages of the Site (collectively the "Terms").
BY ACCESSING, USING, VIEWING, TRANSMITTING, CACHING OR STORING THIS SITE OR ANY OF ITS SERVICES, FUNCTIONS OR CONTENTS, YOU SHALL BE DEEMED TO HAVE AGREED TO EACH AND ALL THE TERMS, CONDITIONS, AND NOTICES IN THIS SITE ("AGREEMENT") WITHOUT MODIFICATION. IF YOU DO NOT AGREE, PLEASE CEASE USE OF THE SITE AND LEAVE THE SITE IMMEDIATELY.
This document consists of:
I. General Terms and Conditions
III. Reservation Policy Terms and Conditions
IV. Leaders Club Terms and Conditions
Effective August 14, 2016
I. GENERAL TERMS AND CONDITIONS
Denial of Access
LHW may, at any time and without notice, in its sole and absolute discretion, in addition to any other rights or remedies available to LHW, and without any liability whatsoever to a User, terminate or restrict a User's access to this Site and any related services.
The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect these Terms and Conditions.
You may not assign, convey, subcontract or delegate Your rights, duties or obligations hereunder.
Additional Terms and Conditions
Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of portions of this Site, and You agree to abide by such other terms and conditions.
The provisions contained in these Terms and Conditions shall be severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
No failure on the part of LHW to exercise, and no delay in exercising, any right or remedy arising hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right or remedy arising hereunder preclude any other or further exercise thereof or the exercise of any other right or remedy. The waiver by LHW of any provision hereof shall not be deemed to constitute the waiver of any other provision hereof. All rights and remedies of LHW shall be cumulative and not alternative.
If LHW takes any action to enforce these Terms and Conditions, LHW will be entitled to recover from You, and You agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which LHW may be entitled.
LHW may at any time modify these Terms and Conditions, and Your continued use of this Site will be conditioned upon the terms and conditions in force at the time of Your use. Accordingly, You agree to review these Terms and Conditions periodically, and Your continued access, use and/or posting on this Site shall be deemed Your acceptance of, and agreement to, the changed Terms and Conditions.
EXCLUSION OF WARRANTY, DISCLAIMER
YOU AGREE THAT YOU USE THE SITE AT YOUR OWN RISK. THE SITE, AND ANY RELATED INFORMATION, CONTENT AND/OR MATERIALS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. LHW HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT; AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE; OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. LHW DOES NOT WARRANT THAT THE USE OF THIS SITE WILL BE UNINTERRUPTED OR AVAILABLE AT ANY TIME OR FROM ANY LOCATION, SECURED, OR ERROR FREE. NOR IS THIS SITE GUARANTEED TO BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to You. This warranty gives You specific legal rights and You may also have other legal rights that vary from state to state.
NO ORAL ADVICE OR WRITTEN CORRESPONDENCE OR INFORMATION PROVIDED BY LHW WILL CREATE A WARRANTY OF ANY KIND, AND YOU SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL LHW, ITS AGENTS, REPRESENTATIVES OR LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR INJURY OR ANY EXPENSES OR DAMAGES, EITHER DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS) RESULTING FROM OR IN ANY WAY CONNECTED TO:(A) YOUR USE OF THIS SITE; (B) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING); OR (C) THE PERFORMANCE OR NON PERFORMANCE BY LHW OR ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE; EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY OF RECOVERY.
Some jurisdictions do not allow the exclusion of consequential or incidental damages, so some of the foregoing exclusions may not apply to You. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST LHW, ITS AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF, OR IN ANY WAY CONNECTED TO YOUR USE OF THE SITE AND/OR ANY RELATED PRODUCTS OR SERVICES.
IN THE EVENT LHW IS HELD LIABLE FOR ANY DAMAGES RELATED TO THIS SITE, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE LIMITED TO REIMBURSEMENT OF THE CHARGES FOR SERVICES OR PRODUCTS PAID FOR BY YOU THAT WERE NOT PROVIDED TO YOU.
YOU HEREBY WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO THIS SITE BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH SUCH CLAIM OR ACTION IS BASED.
You agree to indemnify and hold LHW and its subsidiaries, affiliates, officers, directors, agents and employees harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of Your breach of these Terms and Conditions or the documents they incorporate by reference, or Your violation of any law or the rights of a third party. LHW's failure to act with respect to a breach by You or others does not waive its right to act with respect to subsequent or similar breaches.
Any disputes arising out of or related to the Site shall be governed by and construed and enforced in accordance with, the laws of the State of New York applicable to contracts entered into and to be performed entirely within the State of New York. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including, without limitation, this paragraph.
If you have any questions or concerns regarding these Terms and Conditions or if you need further assistance with respect thereto, you may contact LHW as indicated below. We will attempt to respond to your questions or concerns promptly after we receive them.
The Leading Hotels of the World, Ltd.
485 Lexington Avenue, Suite 401
New York, NY 10017
Attention: Vice President Interactive Marketing
Use of this Site
The services of this Site are available only to individuals who can form legally binding contracts under applicable law, and thus, are not available to minors. By using this Site, You represent that You are of sufficient legal age to use this Site and to create binding legal obligations for any liability You may incur as a result of the use of this Site. You also warrant that You are legally authorized to make the travel reservations and/or purchases for either Yourself and/or for any other person for whom You are acting.
You may only use this Site to make legitimate reservations or purchases and shall not use this Site for any other purposes, including without limitation, to make any speculative, false or fraudulent reservations, or any reservation in anticipation of demand.
This Site is to be used by You for Your personal use only. Commercial uses of this Site are strictly prohibited. You agree that You will not use this Site for chain letters, junk mail, "spamming", solicitations (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list. You agree not to pretend to be any other person or a representative of any entity, whether actual or fictitious, including an employee or agent of LHW or any third party that provides services related to this Site. Any reservation made that does not comply with these Terms shall be deemed not to have been made validly.
"Chat Area" means any chat area, forum, message board, or similar service offered in conjunction with this Site. If You participate in a Chat Area, You agree that, in addition to complying with these Terms, You will not: defame, abuse, harass, threaten, or make any discriminatory statements about others; advocate illegal activity; use indecent, obscene or discourteous language or images; or provide content that is not related to the designated topic or theme of the Chat Area. You shall remain solely responsible and liable for Your use of the Chat Area. LHW reserves the right to remove or edit content from any forum at any time and for any reason in its sole and absolute discretion, however, LHW has no duty to do so, and is not responsible for the content or accuracy of any information in a Chat Area.
You agree that You will not use any robot, spider, other automatic device or manual process to monitor or copy the Site or any content or information contained herein, unless You obtain LHW's prior express written consent. You agree that You will not, through any means, interfere or attempt to interfere with the proper functioning of the Site. You agree that You will not provide to LHW and/or to this Site: (i) any viruses, worms, time bombs, and/or other computer programming routines that are intended to damage, detrimentally interfere with, intercept or expropriate any system, data or information; and (ii) any content that may create liability for LHW or cause LHW to lose (in whole or in part) the services of our suppliers.
Terms Incorporated by Reference
In addition to these Terms, You agree to the terms, conditions, and notices specified at the following links, which are hereby incorporated into this Agreement:
- LHW's Reservation Policy Terms and Conditions found at the following link: http://www.lhw.com/terms-and-conditions#res-policy-tcs ;
- LHW’s Leaders Club Terms and Conditions found at the following link: http://www.lhw.com/terms-and-conditions#lc-tcs
Proprietary Rights Information
This Site contains trademarks, patents, trade secrets, technologies, products, processes or other proprietary rights of LHW and/or other parties. No license or right to or in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of LHW and/or other parties is granted to or conferred upon You. Reproduction or storage of materials obtained from this Site is subject to the U.S. Copyright Act of 1976, Title 17 U.S.C, and any other applicable law. No material from the Site may be reproduced, distributed, posted, displayed, uploaded or transmitted. The use of any material from the Site on any other internet, intranet, web or other site or computer environment is prohibited. You may not utilize framing techniques to frame any LHW trademarks, logos, or other proprietary information (including images and text). You may not use any meta tags or any other "hidden text" utilizing LHW’s name, trademarks or other proprietary information.
The trademarks, logos, service marks and trade dress displayed on this Site (collectively, the "Trademarks") are registered and common law Trademarks of LHW, its affiliates and various third parties. The Leading Hotels of the World, Leaders Club, and other LHW logos and product and service names are trademarks of LHW. Any reproduction or use of any of the Trademarks without the prior, express written consent of LHW is prohibited. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the prior written consent of LHW or such other party as may own the Trademarks.
This Site, including each of its modules, is the copyrighted property of LHW and/or its various third party providers and distributors. This Site and the content provided on this Site may not be copied, reproduced, republished, uploaded, posted, modified, transmitted or distributed without the prior written consent of LHW, except that You may download, display and print one copy of the materials presented on this Site on a single computer for Your personal, non-commercial use only. Unauthorized use of this Site and/or the materials contained on this Site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials. The use of such materials on any other web site or in any environment of networked computers is strictly prohibited.
Any software that is made available to download from this Site ("Software") is the copyrighted work of LHW and/or its various third party licensors. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless You first agree to the terms and conditions of said License Agreement. Copyright laws and international treaty provisions protect all of the Software. Any reproduction or redistribution of the Software, including, without limitation, copying or reproduction of the Software for further reproduction or redistribution, is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted. Any warranty applicable to the Software will be specified in the terms of the License Agreement. You acknowledge that the Software and any accompanying documentation and/or technical information are subject to applicable export control laws and regulations of the U.S.A. You agree not to export or re-export the Software, directly or indirectly, to any country that is subject to U.S.A. export restrictions.
We welcome your comments and feedback, as your opinions are important to us. You may submit any ideas, comments, suggestions or other information to LHW related to improvements to the Site, services related to the Site, Properties or your experiences (“Feedback”). Feedback includes, without limitation, hotel reviews, hotel recommendations and ratings, questions, comments, photographs, videos, suggestions, ideas and the like. LHW shall own all rights related to the Feedback submitted by You including, without limitation, intellectual property rights, which shall be assigned to LHW for the purpose of using the Feedback to improve or enhance your web site experience, or for other marketing purposes without compensation to You, in particular the right to, reproduce, translate, distribute, publish, derive other content from, and publicly display such Feedback and grant the right to use the Feedback to any Property anywhere in the world. You agree that LHW shall have the right to modify or adapt such Feedback or use such Feedback in part, provided such modification, adaptation or use does not result in a material alteration of the Feedback. You further agree that LHW and the Properties have the right to attribute your Feedback to You by using your first name and last initial or your initials only, should LHW choose to do so. Distribution of Feedback may take the form of web publishing, web logs (blogs), and/or social media placement anywhere in the world in any form of media that currently exists or that has yet to be developed. You warrant that the holder of any rights in the Feedback has completely and effectively waived any and all such rights, to the extent permitted under applicable law, and has validly and irrevocably granted to You the right to provide the proprietary rights to LHW stated above.
None of the Feedback shall be subject to any obligation of confidentiality on the part of LHW or a Property, and neither LHW nor any Property shall be liable or responsible for any disclosure of the Feedback or its use of any Feedback, to the extent permitted under applicable law. In addition, LHW assumes no liability nor takes any responsibility for any Feedback posted, stored or uploaded by You or any third party or for any loss or damage as a result thereof. You are responsible for creating back-up copies of any Feedback You post on the Site at your sole cost and expense.
As a provider of interactive services, LHW is not liable for any Feedback, statement, or representation provided by other Users in any forum on the Site, or for your reliance thereon, and LHW is not liable for any mistake, slander, libel, omission, obscenity, defamation or pornography that You may encounter. Although LHW does not have any obligation to remove (except to the extent provided for by law), screen, monitor or edit the Feedback or submissions distributed or posted by other Users of the Site or stored on the Site, LHW reserves the right to do so in its sole and absolute discretion to the extent provided for by law. LHW may provide a number of resources on LHW.com where You can provide Feedback and/or interact with other customers, such as bulletin boards, discussion forums and review services. You are solely responsible for your use of such areas and must use them at your own risk. By using any of these interactive resources, You expressly agree that You will not post, upload, transmit, distribute, store or create any of the following:
- Any content, including, without limitation, any post, message, photograph or any other material that is fraudulent, inflammatory, libelous, defamatory, abusive, lewd, obscene, pornographic, harassing, threatening, invasive of privacy or other rights, or otherwise unlawful or objectionable. LHW expects You to act in a manner which is decent and respectful.
- Any content that would be considered illegal or violate any local, state, federal or international law, or the rules and/or regulations of any local, state, federal or international regulatory body or agency;
- Any content that would infringe upon any trademark, copyright, patent or other intellectual property or image right of any person;
- Any content that contains an impersonation of any other person or entity or inaccurately represents your affiliation with a third person or entity;
- Any advertising, promotion, political campaigning, contest or raffle;
- Any private information of any of any kind regarding any third party;
- Any computer virus or other harmful or disruptive files;
- Any content that is not related to the topic at hand; and
- Links or content that, in the sole and absolute judgment of LHW, is objectionable, exposes LHW to any risk, harm or liability of any kind, or impacts the enjoyment of other Users of the site.
If it is determined that, notwithstanding anything contained herein, You retain any moral rights in the Feedback, You hereby agree that (a) LHW need not use any personally identifying information in connection with the Feedback, or in any derivative works or updates thereto; (b) You have no objection to the publication, use, modification, deletion and/or exploitation of the Feedback by LHW or its licensees, successors and assigns as provided for herein; (c) You forever waive, and agree that you will not claim or assert, any entitlement to the moral rights of an author in any of the Feedback; and (d) you forever release LHW, and its licensees, successors and assigns, from any claims that you could otherwise assert by virtue of any such moral rights.
Notice and Procedure for Making Claims of Copyright Infringement
LHW respects the intellectual property rights of others. If you think that your work has been copied in a manner that constitutes copyright infringement, please contact LHW at the following address:
The Leading Hotels of the World, Ltd.
485 Lexington Avenue, Suite 401
New York, NY 10017, USA
Attn: General Counsel
You acknowledge that LHW will know passwords that You use to access the Site. You acknowledge and agree that You are solely responsible for maintaining the confidentiality of Your information and passwords, and accept responsibility for all activities that occur under Your account or password. LHW takes no responsibility and assumes no liability for any content posted or submitted by You or any users of Your account.
Linked Web Sites
This Site includes links to other web sites. LHW provides such links solely as a convenience to You and for informational purposes only. LHW has not reviewed all of the information on these other web sites. The inclusion of these links in no way indicates LHW's endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from such web sites. Neither LHW, nor any other providers of products or services related to this Site, shall be responsible for the content of any other web sites and makes no representation or warranty regarding any other web sites or the content, materials, products or services on such web sites. If You decide to access other web sites, You do so at Your own risk, You should carefully review the privacy statements or policies on any other site that you visit.
Advertising Disclosure, Accuracy
Product descriptions posted on our product pages are provided by our suppliers. The Site may contain inaccurate content, typographical errors or omissions. LHW is not responsible for typographical, pricing, product information, advertising or shipping errors, and shall not be liable for any damages that may result therefrom. Advertised prices and available quantities are subject to change without notice. LHW reserves the right to make changes, corrections and/or improvements to the Site, and to the products and programs described on the Site, at any time without notice.
Mis-Communications / Lost Transactions
Neither LHW nor any other providers of products or services related to this Site are responsible for communication malfunctions, failures, or difficulties, or lost, stolen, or misdirected transmissions, messages or entries, or the security of any such communications. Further, neither LHW nor any other providers of products or services related to this Site are responsible for incorrect or inaccurate entry information, whether caused by User(s), by any of the equipment or programming associated with the Site, or by any technical or human error that may occur in the processing of any information related to the Site, and shall not be liable for damages resulting from any of the foregoing. LHW and any other providers of products or services related to this Site may cancel or modify reservations where it appears that a User has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the reservations contain or resulted from a mistake or error.
You agree that neither LHW nor any other providers of products or services related to this Site are responsible for any damages that may arise as a result of any travel or Property arrangements or other orders You request or make on this Site which are not processed or accepted for any reason.
Personal Information, Credit Card Information
YOU AGREE THAT NEITHER LHW NOR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE ARE RESPONSIBLE OR LIABLE IN ANY WAY FOR INJURY, LOSS OR DAMAGE TO YOUR COMPUTER, OR INTERCEPTION OR USE OF CREDIT CARD INFORMATION OR OTHER PERSONALLY IDENTIFIABLE INFORMATION, RELATED TO OR RESULTING FROM USE OF THIS SITE OR ANY SITES LINKED OR ASSOCIATED WITH THIS SITE.
LHW MAKES NO WARRANTY OR REPRESENTATION REGARDING THE CONFIDENTIALITY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THIS SITE OR ANY WEB SITE LINKED TO THIS SITE. YOU AGREE THAT NEITHER LHW, NOR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE, ARE RESPONSIBLE FOR THE CONFIDENTIALITY OF ANY INFORMATION, (INCLUDING, WITHOUT LIMITATION, CREDIT CARD INFORMATION, PERSONALLY IDENTIFIABLE INFORMATION, EMAIL ADDRESSES OR PHONE NUMBERS), AND NEITHER LHW, NOR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE, ARE LIABLE OR RESPONSIBLE FOR ANY DAMAGES THAT MAY ARISE FROM DISCLOSURE OF SUCH INFORMATION.
Use of Third Party Suppliers
In order to offer the services related to this Site, and fulfill reservations or orders users place on this Site, LHW may use third party suppliers. You acknowledge and agree that the carriers, Properties and other suppliers providing travel or other services for LHW may be independent contractors, and not agents or employees of LHW. Your credit card statements for products or services purchased on this Site may refer to such third-party suppliers or their respective fulfillment vendors, rather than to LHW or the Property at which you may have booked a reservation. YOU AGREE THAT LHW IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH THIRD PARTY SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES, LOSS OR EXPENSES RESULTING FROM THE USE OF SUCH SUPPLIERS OR THE STAY AT ANY PROPERTY. LHW HAS NO LIABILITY AND WILL NOT MAKE REFUNDS FOR ANY DELAY, CANCELLATION, OVERBOOKING OR OTHER CAUSES BEYOND LHW'S DIRECT CONTROL, AND LHW HAS NO RESPONSIBILITY FOR ANY DAMAGES, LOSS OR ADDITIONAL EXPENSES RESULTING THEREFROM.
Your Additional Obligations
You agree to the terms and conditions of purchase imposed by LHW, each Property, and other suppliers of other travel services (air, land, or sea), which may include, but are not limited to, restrictions against back to back ticketing, hidden city ticketing and round trip for one-way ticketing. You also agree that you are fully responsible and shall pay for all charges, amounts, fees, duties, taxes, and assessments arising out of Your use of this Site and of the services provided herein when due, including additional taxes and fees that may not be included in the quoted rate. You agree to comply with all rules regarding the availability of rates, products or services, including penalty fees arising from Your failure to comply with said rules. You understand that any violation of any supplier's conditions of purchase may result in: cancellation of Your reservation(s) or purchase(s); Your being denied access to any flight(s), Property(s), automobile(s), activities, or service; Your forfeiting any monies paid for such reservation(s) or purchase(s); and LHW debiting Your account for any costs LHW incurs as a result of such violation. You also agree to allow LHW and each Property, and other suppliers of other travel services to charge the credit card on file for the payment of penalties arising from the Your failure to comply with such rules.
III. Reservation Policy - Terms and Conditions
Just as each of our member hotels, resorts and spas is unique and distinguished, their respective rates, packages, special promotions and policies may vary. We always ask our guests to verify these details when making or confirming a reservation at a member hotel.
Scope of Services Provided by LHW
Through this Site, LHW provides an online platform through which temporary accommodations offered by Properties, can advertise their rooms for reservation, and through which users to the Site (“Users” or “You”) can make such reservations. By making a reservation through the Site, the User enters into a direct (legally binding) contractual relationship with the respective Property. From the point at which the User makes the reservation, LHW acts solely as an intermediary between the User and the Property, transmitting the details of the reservation to the relevant Property and sending the User a confirmation email for and on behalf of the Property. Payment will be made directly to the Property.
A copy of any reservation confirmation will be provided to you. LHW also retains official records of reservation transactions, including details of dates of stay and room rates. In the event of discrepancies, alterations, modifications, or variations between this confirmation and our official records, our official records shall control. Tampering with this confirmation to alter the room rate or any other reservation information is strictly prohibited and will have legal consequences.
Some Properties have an early departure fee. Some rates may also require a minimum stay. You may change your departure date without a fee only if your rate plan and the applicable cancellation/revisions policy permit. Please contact your nearest LHW Reservations Office if you have any questions.
In the event of payments made directly to the Property on site, rates quoted and confirmed in non-local currencies will be converted to local currency by the Property at your time of payment, based on the exchange rate used by the Property and are subject to exchange rate fluctuations. Credit card charges may be subject to additional currency conversions and fees by banks or credit card companies at the time of processing of monthly statements, which are not within the Property’s or LHW’s control and may impact the amount charged to your credit card. Please contact your nearest LHW Reservations Office if you have any questions. A refund of a deposit or prepayment, if any, will be subject to the exchange rate at the time of any such refund and may differ from the exchange rate at the time such deposit or prepayment was made.
A maximum of 4 rooms may be booked online. Reservations for 5 to 9 individual rooms require prior approval from the Property, so please contact your local LHW Reservations Office for assistance. For 10 or more rooms please contact the sales department at email@example.com.
As some rates have special requirements at check-in, you should verify that you qualify for the rate that you have reserved. Properties are not obligated to honor this rate if you do not qualify or do not have proof of qualification.
Some rate plans require prepayment in full and are non-cancelable, non-refundable, non-changeable and non-transferable. This will be identified in the rate description. For these rate plans, once you make a reservation, your credit card will be charged for the full amount. Credit will not be given for any unused reservation and the amount paid by you for such reservation cannot be used toward any other/future reservation.
For reservations guaranteed with a credit card at the time of making your reservation, rooms are held until the Property check-out time the day following the day of arrival on the reservation. The Property may authorize the room rate for the first night, including taxes on the credit card to determine the validity of the credit card. Rooms booked with an invalid credit card are subject to immediate cancellation.
For reservations not guaranteed with a form of payment at the time of making your reservation, rooms are held until the set cancellation time per the rules of the reservation. In the event a guest cannot be accommodated due to the Property overbooking or an unforeseen circumstance, and the Property is unable to hold rooms consistent with this room hold policy, the Property will attempt to accommodate guests, at its expense, at a comparable property in the area for the night(s) for which the Property is unable to accommodate such guests, and will pay for transportation to that property, provided the guest grants an express prior consent for such re-accommodation.
Travel to certain destinations may involve greater risk than others. LHW urges guests to review travel prohibitions, warnings, announcements and advisories issued by a guest’s country of residence, as well as those of any destination country, prior to booking travel. Please contact the appropriate government office in your locale for information on conditions in various countries and the level of risk associated with travel to particular destinations. LHW does not represent or warrant that travel to, or accommodations in, destinations where services are offered is advisable or without risk, and is not liable for damages or losses that may result from travel to, or staying in, such destinations except for damages or losses caused by LHW's fault or negligence.
Although some Properties will confirm specific room types or bed types at the time you make your reservation, normally requests for specific features such as bedding type or non-smoking rooms are simply that. While most Properties will strive to honor your request, neither LHW nor the Property can guarantee that your request will be honored.
If you plan to travel with your pet, we recommend that you confirm directly with your nearest LHW Reservations Office that the Property does, indeed, accept pets. LHW accepts no responsibility for the pet policy at any individual Property. Specific pet policies may require a damage/cleaning deposit at the time of check-in which may be non-refundable.
Cancellation policies and other information about specific room reservations and Properties may vary by Property and by the type of reservation and may entail a cancellation penalty or processing fee. To cancel or modify a reservation made online, please visit www.LHW.com . Reservations made through a travel agent must be cancelled through that agent, as the agency controls the record. For assistance with all other reservations, please contact LHW at 1-800-223-6800 if you are calling from the United States, Canada, Puerto Rico and the U.S. Virgin Islands. Otherwise, please contact your nearest LHW Reservations Office. For all cancellations made through LHW, a cancellation number will be provided to you. A cancellation number is required as proof of cancellation, but will have no effect on any cancellation penalty or fee that may be due pursuant to the applicable cancellation policy. Please note that reservations cannot be canceled via e-mail.
Limitation of Liability
LHW is acting hereunder solely for the purpose of processing reservations. LHW does not own or manage any Property and will not enter into a direct reservation and accommodation contract with you. Information regarding rooms, facilities and services offered at the Property contained in this website has been provided by the Property. LHW does not make any representation or warranty, express or implied, of any kind with respect thereto.
Neither LHW nor any Property will be liable for any change or cancellation of any reservation that is caused, in whole or in part, by events of force majeure as defined by the competent Courts.
IV. Leaders Club - Terms and Conditions
The following terms and conditions (“Terms and Conditions”) apply to your membership in The Leaders Club program (“The Leaders Club”) of The Leading Hotels of the World, Ltd. (“LHW”). Your participation in The Leaders Club will be governed by these Terms and Conditions. It is your responsibility to read them and to comply with them.
- The Leaders Club membership program is available to individuals residing in countries that legally permit participation in frequent stay programs. Your participation in The Leaders Club constitutes your acceptance of these Terms and Conditions, as well as to any changes or modifications made to them by LHW.
- Application for membership, or membership in The Leaders Club, is void if prohibited by law in the country of an applicant's or member's domicile.
- Members of The Leaders Club must be at least eighteen (18) years of age.
- The Leaders Club benefits are not transferable, and only the Leaders Club member may take advantage of The Leaders Club benefits.
- The Leaders Club membership and its benefits are offered at the sole discretion of LHW. Benefits and services will be available at those hotels and resorts which are members of The Leading Hotels of the World (a “Member Hotel”). Member Hotels will vary from time to time. The benefits and services of The Leaders Club have been established for all members however, specific benefits and services offered by the Member Hotels may vary.
- LHW reserves the right, in its sole discretion, and with or without notice to you, to add, modify, delete or otherwise change any of the Terms and Conditions, including, without limitation the rules, procedures, benefits, awards and award levels pertaining to The Leaders Club, even though such changes may affect your Leaders Club account or the value of an award certificate already issued to you. This means that LHW may make changes that affect, but are not limited to, travel partner affiliations, rules and procedures for the use of benefits and awards, benefit types, levels required for obtaining benefits and awards, continued availability of awards, blackout dates, room availability, and the terms of special offers.
- The Leaders Club program has no predetermined termination date. LHW may terminate The Leaders Club at any time, with or without notice to you. Members will have three (3) months from the date of termination to redeem a complimentary night certificate and consume the associated stay, but will not be entitled to continue to accrue qualifying stays after the termination date. All complimentary night certificates and the value thereof, if any, that are unredeemed as of the conclusion of such three (3) month period shall be forfeited without remuneration. LHW shall have no further obligation or liability whatsoever with respect thereto, and no award claims shall be honored thereafter.
- Fraud or abuse of The Leaders Club benefits or awards, including without limitation, award redemption or usage, membership privileges and benefits or other use of The Leaders Club program in a manner that is inconsistent with these Terms and Conditions or the intent of the Leaders Club program, is subject to appropriate administrative and/or legal action by LHW, including the forfeiture of complimentary night certificates, the termination of Leaders Club privileges, and revocation of membership. LHW also reserves the right, in its sole discretion, to immediately discontinue a member's Leaders Club membership, and terminate the member's account, if a member violates any local, state, or federal laws or ordinance, otherwise misuses the benefits of membership or fails to pay any valid bill or account, or engages in improper conduct with any employee at a Member Hotel or with LHW. Nothing contained in these Terms and Conditions shall limit LHW in the exercise of its legal or equitable rights or remedies.
- Earning of Leaders Club awards and redemption of complimentary night certificates are subject to all applicable laws and regulations. Leaders Club benefits and awards may be subject to income or other taxes. Such taxes and all disclosures related thereto are the sole responsibility of the member.
- Each member of The Leaders Club is responsible for promptly advising LHW of any changes to his or her contact information.
- Neither LHW, nor any affiliate or subsidiary, make any warranties or representations, either expressed or implied, and expressly disclaims any and all liability (including consequential damages) with respect to type, quality or fitness of goods or services provided through the Leaders Club, a Member Hotel, or a program partner. Neither LHW, nor any affiliate or subsidiary, shall be liable or responsible for any performance or non-performance by any Member Hotel for which an award is redeemed, or for any discrepancy in the rooms, facilities or services available at any such Member Hotel from those set forth on lhw.com or elsewhere, and shall not be liable for any damages that may result therefrom.
- LHW is not responsible for, and reserves the right to correct, any pricing or typographical errors, errors of description, or errors regarding Member Hotels and partners.
- Employees of LHW are not eligible to be members of The Leaders Club.
- Neither LHW, nor its affiliates or subsidiaries, is responsible for and assumes no liability, for changes or discontinuation of partner products and/or services, which may affect The Leaders Club.
- Each member is responsible for remaining knowledgeable regarding the Terms and Conditions. In addition, each member is responsible for keeping track of the number of qualifying stays in his or her own account. Members can view their stays by logging into their account on www.lhw.com. Although LHW may advise members of matters of interest regarding The Leaders Club, including notification of Leaders Club program changes, it is not required to do so. Neither LHW, its subsidiaries and affiliates, nor companies participating as program partners in The Leaders Club will be liable or responsible for any of the following:
- failure to provide notification of any kind to a member;
- incorrect or inaccurate transcription of member contact information;
- any human error;
- interruption, deletion, omission, defect, or line failure of any telephone network or electronic transmission;
- problems relating to computer equipment, software, inability to access any web site or on-line service or any other technical or non-technical error or malfunction;
- requests or correspondence contained in any lost, late, stolen, illegible, incomplete, garbled, misdirected, mutilated or postage due mail or other mail or electronic mail; or
- damages that may be sustained by any member as a result of any of the forgoing.
- These Terms and Conditions will be interpreted and construed in accordance with the laws of the State of New York without regard to conflict of law principles. Any dispute with respect thereto or The Leaders Club will be subject to the exclusive jurisdiction of the state and federal courts located in New York, New York.
Membership Fees and Payment
The Leaders Club has two distinct levels of membership: the “Leaders Club” level and the “Leaders Club Unlimited” level.
- There is an annual fee of one hundred-fifty USD (150) for the Leaders Club level and an annual fee of one thousand two hundred USD (1,200) for the Leaders Club Unlimited level.
- The payment of the annual fee for membership does not change the nature of the benefits described as being “Upon Availability”, particularly those offered by Member Hotels (upgrades and check-in and check-out privileges).
- No portion of the annual fee is refundable should a member not receive a Leaders Club benefit attributable to either level of membership for any reason.
- Membership fees may change from year to year.
- If membership is terminated for any reason as set forth herein by these Terms and Conditions, the member will not be allowed to re-apply for membership, nor will the member receive a refund of any portion of the annual membership fee.
- If the member voluntarily terminates his/her current membership, the member can re-apply for membership at any time, and will be required to pay the annual membership fee. No refund of any portion of the annual membership fee will be given, nor will credit be given, upon reapplication, for prior fees paid.
- A member may cancel his or her membership in The Leaders Club within thirty (30) days of becoming a Leaders Club member and receive a full refund of the annual fee, provided that such member has not booked and consumed a reservation prior to such termination. In the event that a reservation has been consumed, no refund will be given.
- Membership payments are due in full at the time of completion of the membership application in order for an application for the Leaders Club or Leaders Club Unlimited levels to be considered.
- Refunds are available for thirty (30) days from the initial payment date, provided that a member has not consumed a reservation during such thirty (30) day period. After such time, payments are strictly non-refundable. No exceptions will be made.
- No partial refunds will be given.
- Once a membership fee has been refunded, a member will not be entitled to any benefits.
- Membership fees are expressed in US Dollars (USD). For members outside of the United States, the membership fee assessed will be subject to exchange rate formulas and calculations of the member’s bank or Credit Card Company. A refund of a membership fee, if any, in accordance herewith, will also be subject to the exchange rate at the time of such refund, which may differ from the exchange rate at the time such fee was originally paid. Some credit card charges are subject to additional currency conversion fees at the time of processing which are not within LHW’s control and may impact the amount charged on, or refunded to, a member’s credit card.
The Leaders Club benefits are outlined on www.lhw.com and will be updated periodically by LHW.
A member will only be eligible for Leaders Club benefits when the member makes a reservation through an LHW booking channel as described below and provides his or her Leaders Club membership number. Reservations must be made:
- Through an LHW Worldwide Reservations and Service Center. A list of these reservations centers is available in the annual directory of The Leading Hotels of the World or on www.lhw.com.
- Through the Leaders Club members online account on www.lhw.com. No other web-enabled booking engine qualifies for benefit eligibility.
- Through any travel agent (other than an online travel agent or any such travel-related booking web site), provided that said travel agent contacts an LHW worldwide reservations and service center and provides the eligible member’s Leaders Club number at the time of booking.
Only publicly available rates are eligible for Leaders Club benefits. The following rates are excluded from receiving Leaders Club benefits:
- Corporate and negotiated rates; wholesale/tour operator packages; contracted airline crew rates; travel industry rates (including but not limited to travel agent discount rates); complimentary or barter rooms; American Express Membership Rewards Stays.
- Reservations made directly with a Member Hotel.
Members will receive benefits based on the following conditions:
- Benefits are provided upon availability and are not guaranteed.
- Upgrades are at the discretion of the Hotel taking into account membership level and availability on the day of arrival, and are not guaranteed. Suite upgrades will be at the discretion of the Hotel. Room types and categories will vary among the Member Hotels.
- A Leaders Club member is eligible to receive a complimentary continental breakfast for himself or herself and one guest staying in his or her room during each day of his or her stay. If a Leaders Club member books multiple rooms during a stay, only the Leaders Club member and one additional guest staying in his or her room are eligible for the complimentary continental breakfast each day. A guest who is not residing in the Leaders Club member’s room is not eligible to receive the complimentary breakfast benefit. Leaders Club members are not eligible for any compensation in the event that breakfast is included in the room rate.
- Early check-in and late check-out are subject to availability and to the specific Member Hotel arrival and room pricing policies.
- A member who is staying as part of a group is not eligible for benefits unless the reservation is booked through an eligible LHW booking channel under a publicly available rate using his/her Leaders Club number.
- If a Leaders Club member books multiple rooms using his/her Leaders Club number, only his/her room will be eligible for benefits.
- Welcome gift items, if any, will vary among Member Hotels. There is no guarantee that a Member Hotel will provide a welcome gift.
- Leaders Club special rates may be available from time to time and will provide additional discounts for Leaders Club members. The Leaders Club special rates, if available, may not be combined with any other discounted rate or offer.
- Member Hotels may participate in the Leaders Club special rates at their option; accordingly, this benefit, though it may be offered at some Member Hotels, may not be available at every Member Hotel.
- Member Hotels may, at their option, impose conditions on special rates, including minimum rates.
- The Leaders Club special rates may only be booked through an LHW worldwide reservations center or on www.lhw.com.
- Member only sales and/or special promotions are not transferable and only the recipient thereof may take advantage of such sale or promotion.
- Each Leaders Club Unlimited member will be entitled to three (3) Leaders Club memberships free of charge that such Unlimited member can gift to anyone they choose, provided that such person is not already an existing Leaders Club member. These additional Leaders Club memberships will be available upon the date of the commencement or renewal of such Unlimited membership, as applicable, and will have the same expiration date as the Unlimited member’s account. These additional Leaders Club memberships cannot be sold, and the Unlimited member may not change the name(s) on these ‘gift’ accounts once they have been created. The Unlimited member must provide a unique email address for each ‘gift’ account.
Leaders Club Rewards
Leaders Club membership entitles members to accrue “qualifying stays” to earn a complimentary night certificate that may be redeemed for a complimentary one-night stay at a Member Hotel.
Earning Leaders Club Rewards
- For every qualifying stay, a Leaders Club member will receive a stay credit that can be used toward a complimentary night certificate.
- For Leaders Club Members: For every five (5) stay credits earned by a member before his/her membership expiration date, the member will receive a complimentary night certificate good for one (1) complimentary night. A member must stay at at least two (2) different Member Hotels as part of the five (5) qualifying stays.
- For Leaders Club Unlimited Members: For every four (4) stay credits earned by a member before his/her expiration date, the member will receive an award certificate good for one (1) complimentary night. A member must stay at at least two (2) different Member Hotels as part of the four (4) qualifying stays.
- Stay credits are valid and redeemable as long as a member’s Leaders Club membership has not expired. Stay credits will expire immediately upon expiration of a member’s Leaders Club membership and cannot be used toward future stays. A membership that is renewed within thirty (30) days past the membership expiration date will not be deemed to have expired for purposes of stay credits.
- Leaders Club Complimentary Night Certificates will expire one (1) year from the date issued, regardless of whether or not a member’s Leaders Club membership has expired.
- A "qualifying stay" is one (1) stay at a Member Hotel, (a portion of which must be paid), regardless of the total number of consecutive nights, whether or not a guest checks out and checks back in again, pursuant to a reservation made at a publicly available rate. A “qualifying stay” requires that the member checks in at the hotel on the date of the reservation and resides in the room for a minimum of one night. The qualifying stay date will be determined by the check-out date.
- Only non-consecutive booked stays will qualify as separate qualifying stays. This is regardless of the number of stays or times the Member checks in to or out of the Hotel. For example, a member with three reservations for the same Hotel on three (3) consecutive days will only receive credit for one “qualifying stay”.
- A member may only earn one “qualifying stay” per reservation, regardless of how many rooms the member has reserved or paid for at any hotel for that particular night associated with his/her Leaders Club membership.
- LHW reserves the right to modify any qualifying stays posted to a member's account in error.
- A stay will not be qualified for a "no show" situation -when a member has made a reservation guaranteed with a credit card but then does not check in to the hotel- whether or not the member's credit card is charged for any portion of the reserved stay per the hotel's "no show" policy.
- If a member uses a Complimentary Night Certificate for a single, complimentary night at a Member Hotel, this night will not be a “qualifying stay”. If a member uses a Complimentary Night Certificate for a free night during a multi-night stay, the nights for which the member has paid will be considered a “qualifying stay” and will count toward the stays required for a Complimentary Night Certificate if it otherwise meets the parameters of a qualifying stay.
- A “qualifying stay” does not include any stays of the following nature: rates booked through a Global Distribution System (GDS); wholesale/tour operator packages; contracted airline crew rates; travel industry rates (including but not limited to travel agent discount rates); complimentary or barter rooms; American Express Membership Rewards Stays; any corporate negotiated rates or any other stay that is not reserved through the LHW reservation channels.
- Retroactive credit for qualifying stays will be issued only for stays that occurred up to thirty (30) days prior to enrolling in The Leaders Club.
- Member qualifying stays can be viewed when you log into your Leaders Club Account at www.lhw.com. Should a member have any questions regarding his/her stays, he or she can email his/her inquiries to firstname.lastname@example.org.
- A Member will be notified via email that he or she has earned a Complimentary Night Certificate within two (2) weeks of the check-out date the fourth or fifth qualified stay, depending on membership type. The Complimentary Night Certificate will automatically be sent via email to the member's email address on file.
- Provided a member complies with the requirements set forth herein, there is no limit to the number of Complimentary Night Certificates a member can earn in a calendar year.
- If a member believes that he or she did not receive credit for a qualifying stay, he or she must contact The Leaders Club by email at email@example.com. Members may be asked to submit a written request for such credit together with a legible copy of the member's hotel folio to:
The Leaders Club
The Leading Hotels of the World
485 Lexington Avenue
New York, NY 10017
Failure to supply the adequate and unaltered documentation may result in denial of granting the stay as qualified. Requests must be received by LHW within sixty (60) days from the check-out date of the stay in question. A late request will not be processed. Written requests must include the member's name, Leaders Club account number, mailing address and daytime telephone number.
Redeeming Leaders Club Rewards
A Complimentary Night Certificate is redeemable for one (1) complimentary night at any hotel or resort which is a Member Hotel at the time at which the member makes his/her redemption booking.
- Accommodations for complimentary night bookings will be based on available inventory for such complimentary night booking regardless of hotel room night availability.
- Availability for complimentary nights is subject to hotel blackout dates, room type and reward night availability with Member Hotels. Only LHW, and not the member hotels, can authorize complimentary night bookings as Leaders Club program inventory is managed by LHW.
- Complimentary Night Certificates may only be redeemed by making the reservation for the complimentary night directly through one of LHW's Worldwide Reservations and Service Centers. Award certificates may not be used for existing reservations. No exceptions will be made.
- When making a complimentary stay reservation, the member must provide his/her Leaders Club number as well as the unique award certificate identification code.
- Accommodations must be reserved at least seventy-two (72) hours prior to the stay for which the member wishes to use the Complimentary Night Certificate.
- A Complimentary Night Certificate is valid for one standard room accommodation (as "standard room" is defined by the hotel) at one Member Hotel for one night as is provided on the award certificate and cannot be redeemed for cash value. There may be an additional charge for additional person(s) in the room per the hotel's policy. Leaders Club upgrade benefits are not applicable to the complimentary stay. Should the member wish to stay additional nights, the hotel will make an attempt to provide the same room type for the complimentary night as the nights that have been purchased by the member.
- For Leaders Club members, only one (1) Complimentary Night Certificate can be used per stay. For Leaders Club Unlimited members, up to three (3) certificates can be used per stay, at the discretion of the hotel.
- Reservations made using a Complimentary Night Certificate are not commissionable to travel agents.
- Members are entitled to Leaders Club benefits, excluding upgrades, which would be at the sole discretion of the hotel during a complimentary stay.
- In the case of a multi-night stay that includes a complimentary night, the award certificate will be applied to the first night of such multi-night stay.
- Leaders Club Complimentary Night Certificate redemptions may not be combined with any other offer and are non-refundable if lost, stolen or destroyed and have no cash surrender value.
- A Complimentary Night Certificate redemption reservation must be made and consumed before the expiration date of the Complimentary Night Certificate.
- If a Leaders Club member has a complimentary night reservation on a date that will take place after his or her membership has expired, the reservation will be honored but no Leaders Club benefits will be provided on property.
- Leaders Club Complimentary Night Certificates are non-transferable. The sale or barter of any Leaders Club Complimentary Night Certificates or benefits is strictly prohibited. Complimentary Night Certificates will be void if listed or advertised for sale or auction on the internet, in newspapers, magazines or other similar means. LHW reserves the right not to honor any certificate it believes may have been resold, transferred or conveyed contrary to this provision.
- All-inclusive properties may require a per person food and beverage fee in connection with a redemption at such property.
- A credit card is required to confirm a Complimentary Night booking. The Leaders Club member is responsible for all taxes and governmental charges, including any VAT, associated with a reward night booking.
Cancellations and No-Shows
A member's Complimentary Night Certificate will be forfeited and will not be reinstated should the member "no-show" on his/her complimentary night reservation. A "no-show" is defined as a guest not checking into the hotel on the arrival date specified in the confirmation. It is also defined as a member cancelling the reservation on a date after the hotel's cancellation deadline. The Member Hotels have different cancellation and guarantee policies. The member will be informed of said policies at the time of reservation. It is the member's responsibility to be aware of these policies. If the member "no-shows" on a Complimentary Night Certificate reservation that contains additional, paid nights, the hotel's cancellation policy will be applicable and the member may incur cancellation penalties or other fees.