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Terms & Conditions

 

Compass Rewards Program Terms & Conditions

 

These Compass Rewards Program Terms & Conditions (the “Terms”) govern eligible individuals’ participation in and use of the Compass Rewards Program (the “Program”). Program memberships and associated benefits are offered at the sole discretion of Stoney Creek Hospitality Corp. and its subsidiaries and affiliates (“SCHC,” “we,” or “us”) to eligible individuals who enroll in the Program and comply with these Terms (each a “Member,” or “you”). By participating in the Program, you agree to be bound by these Terms. Hotels brands currently participating in the Program include Stoney Creek Hotel and Conference Centers and Stoney Creek Inns (the “Stoney Creek Hotels”). Brands may be added or deleted at the sole discretion of SCHC.

1. Program Sponsor

This program is operated by SCHC and its affiliates.

2. Membership Eligibility

Membership in the program is available to eligible individuals who are at least eighteen (18) years of age and who comply with these Terms, subject to SCHC’s sole discretion. If participating in the Program would violate or poses a risk of violating any applicable law, rule, regulation, order, or employer policy, participation in the Program is prohibited. As a condition of participating in the Program, you agree to provide documentation or other proof of eligibility as requested by SCHC in its sole discretion. You may maintain only one account. Companies, partnerships and/or other corporate entities cannot enroll. There is no enrollment fee for this Program. Employees of a SCHC Party cannot accumulate or redeem points, points attached to an employee’s will automatically be removed.

Accounts cannot be shared, combined, or transferred, except with SCHC’s express permission.

3. Program Availability

SCHC reserves the right to suspend, discontinue or cancel this program upon (60) days’ public notice to all active Members. ANY POINTS OR AWARDS IN YOUR ACCOUNT OR OTHERWISE HELD BY A MEMBER ON THE EFFECTIVE DATE OF TERMINATION WILL BE FORFEITED. ANY CONCLUSION TO THE PROGRAM THAT RESULTS IN THE TRANSFER OF MEMBERS TO A SUCCESSOR LOYALTY PROGRAM, WHERE SUCH MEMBERS DO NOT FORFEIT ALL UNEXPIRED, UNREDEEMED POINTS IN THEIR ACCOUNT AS A RESULT, WILL NOT BE CONSIDERED A TERMINATION OF THE PROGRAM FOR THE PURPOSES OF THE ABOVE NOTICE PROVISION.

SCHC may suspend or terminate a Member’s account without notice in the event that a Member (i) violates these Terms or any other applicable terms and conditions, or appears to be using the Program in a manner inconsistent with these Terms; (ii) fails to promptly pay bills to SCHC or its affiliates when due; (iii) is suspected or found to be acting in an abusive or fraudulent manner or engaging in any conduct that artificially, improperly, or deceptively impacts the accumulation, use, or loss of points, awards, or membership benefits (including, without limitation, use of any “bot,” macro, or other automated means of participating in the Program); (iv) attempts to transfer an account or any points or awards to another Member or a third party, except as expressly permitted by these Terms or by SCHC; (v) makes any misrepresentation in connection with the Program; (vi) impairs the normal functioning of the Program website or the Program; (vii) disturbs other guests or otherwise disrupt or impair the normal operation of any Stoney Creek Hotel; (viii) acts in a manner detrimental to SCHC, its affiliates, other Members, or any third party (including, without limitation, behaving in any manner that is abusive, harassing, threatening, derogatory, disrespectful, lewd, obscene, offensive, or otherwise inappropriate, all as determined by SCHC in its sole discretion); (ix) violates any applicable hotel rules or policies; or (x) acts in any manner inconsistent with any local, state, provincial, national, or federal laws, regulations, orders, or other rules. SCHC may likewise immediately limit or terminate your membership if any third party does any of the foregoing while staying at a Stoney Creek Hotel as your guest, visiting a Stoney Creek Hotel by your invitation or permission, or participating in any other Program activity by means of your membership, stays, or activities at a Stoney Creek Hotel.

Without limiting the foregoing or any other provision in these Terms, SCHC also reserves the right, in its sole discretion, to deny benefits, including earning of points, if the name and/or address presented by a guest at check-in does not match the name and address provided when booking the reservation or otherwise associated with the applicable Member’s account. SCHC reserves the right to, from time to time, among other things: change earning ability; withdraw, limit, modify, or cancel any award or benefit; cancel or change partner awards or programs; increase or alter the point or other requirements to earn an award or benefit; modify or regulate the transferability of points, awards, or benefits; modify the membership tiers or the benefits available to any tier; add blackout dates; or limit the number of rooms available for award redemption at any or all destinations. SCHC may limit the number of Program participants and may temporarily or permanently discontinue registering new Members at any time and for any reason without notice.

4. Changes in Terms and Conditions

SCHC reserves the right to limit, change, cancel or modify the terms and conditions of this Program, including but not limited to regulations, benefits, conditions for participation, rewards, reward levels, and the number of points issued for qualifying stays. All members will be bound by any such changes. Any such changes will be shown in these Terms as set forth on the www.stoneycreekhotels.com website and will be deemed effective when posted.

5. Member Information and Data Privacy

All members agree that by applying for membership or by using, utilizing, or exercising the privileges of membership, you authorize SCHC to retain your personal information, which was supplied by you during the enrollment process or during the course of your membership in this program. Such information will be used to administer membership records, guest service, advertising, marketing, and communication purposes by mail, fax, telephone, or email. You may access your data by sending a written request to our corporate office. You are responsible for keeping your membership information current and notifying SCHC of any change in such information. SCHC is not responsible for any incorrect or inaccurate information supplied by any Member. Name changes must be supported by appropriate legal documentation in SCHC’s sole discretion.

SCHC reserves the right to verify the information collected during Program registration or provided by Members during participation in the Program. SCHC may, in its sole discretion, suspend or terminate any account and prohibit Program participation by any individual or email address related to or suspected of being related to fraudulent activity, including, without limitation, signing up for multiple accounts.

6. Services and Benefits

Members receive free enrollment into the program and may receive hotel benefits or services, which may vary by hotel, state, or region. Benefits and services may vary from time to time and may also vary based on your level in the program. Some blackout dates may apply to the guaranteed availability reward offered to Adventurer and Explorer Members.

7. Points for Stays

You may earn points for stays once you reach Traveler status. Points will not be earned for stays made prior to the date of your enrollment as shown in SCHC records. A stay is defined as one night or consecutive nights at the same hotel, regardless of the frequency of check-in/check-out. A stay is qualified when paying qualifying room rates, which include most business and leisure rates. Traveler tier members will receive ten (10) points, Adventurer members will receive thirteen (13) points, and Explorer members will receive fifteen (15) points for every U.S. dollar paid toward eligible charges on your individual hotel room bill when you pay qualifying room rates. Eligible charges include the following qualified room rates paid for hotel room nights: non-discounted rate, standard rate, standard corporate rate, locally negotiated rates (“LNR”), national/regional/local government rates, Holiday rates, and specified leisure rates as confirmed by SCHC. Points will be awarded for qualifying room rates booked through SCHC’s central reservation office, Stoney Creek Hotels websites, travel agents, or directly with the hotel. Points will be posted to Members’ accounts on the third day following departure. Eligible charges do not include; food, beverage, telephone, laundry/dry cleaning, in-room movies, gift shop purchases, baggage handling, gift certificate purchases, copies/faxes, internet access fees, or taxes. Hotels may choose to award points for other charges at their discretion.

8. Limits on Points for Stays

Points are not issued for stays at the following reduced room rates (“Non-Qualifying Room Rates,” “Non-Qualifying Stay”): net wholesale individual and group rate, package rate, crew rate, seasonal worker/crew rate, travel club discount rate, industry discount rate, distressed passenger rate, complimentary hotel stays, rates booked through most third-party web sites (including but not limited to Expedia, Orbitz, and Travelocity), or any other rates not otherwise designated as a qualifying room rate. Program points are not issued for fractions of a U.S. Dollar spent or for dollars spent on tax, VAT, GST, service charges, gratuities, or hotel incidentals. Charges not billed to your room will not be eligible for points. You must have stayed in the room and paid for it in full to receive program points. You may collect points on all eligible charges for multiple hotel rooms up to a maximum of three (3) rooms per day, provided those rooms are used in conjunction with your stay at the same hotel, and your Member number is recorded on each reservation. Only the Member whose name is on the reservation record will be awarded points and will be awarded qualifying night credit toward achieving Traveler, Adventurer, or Compass level status. Only one qualifying night credit, per member, per night will be awarded regardless of the number of reservations booked and paid for by the member. Points and/or qualifying night credits are not awarded for “no shows” even if the room is paid for in full. Program points will not be issued if your room is paid for by a trade group, association, company, or as part of a convention under a group contract. Points are not earned on reward night redemption stays for any portion of the stay that is paid in points. All unused points will expire twenty-four (24) months after being issued.

9. Points Adjustments

The points listed in your Program account are subject to change to reflect actual stay information, any adjustments, and/or program changes. If you believe your account activity is inaccurate, contact our corporate office. Point adjustments will not be made more than sixty (60) days after the statement date. Please keep all of your hotel room receipts for your records, as they will be required for point adjustment requests.

SCHC has the right to correct or cancel any points posted in error (including removal from your account), to revoke or cancel any Program credit or awards erroneously issued or acquired through the use of points posted in error, to revoke or adjust any elite status assigned to you in error or any benefits or awards derived from such erroneously attributed elite status, or to otherwise correct any errors related to your membership, including status. SCHC further reserves the right to withhold and not to award any points, credits, award, or status that it determines a Member was not entitled to receive.

10. Program Conversion

Members of the original Smart Travel Rewards (“STR”) program will retain their points, and the expiration dates for the points will be the original expiration date as reflected in their membership portal. Members will be awarded a membership level in the Program commensurate with their existing membership level in the STR program, subject to SCHC’s sole discretion.

11. Program Levels

The Program has three different membership levels, each with additional benefits (Traveler, Adventurer, and Explorer). These membership tiers are based on meeting one of two requirements for each level (number of stays and number of nights) within a calendar year. Bonus points collected are not included in the calculation of membership level status. Explorer status level is awarded to you if you have a minimum of one of the following during a calendar year: twenty-five (25) stays at qualified rates, or sixty (60) nights at qualified rates. Adventurer status level is awarded to you if you have a minimum of one of the following during a calendar year: fifteen (15) stays at qualified rates, or thirty-five (35) nights at qualified rates. Traveler status level is awarded to you if you have a minimum of one (1) stay at qualified rates during the calendar year. Status level upgrades are calculated on a calendar quarter basis. Status level downgrades will be calculated on a calendar year basis. Member accounts with no point-earning activity for a period of twenty-four (24) months will be deleted, and all points will be removed from the account.

12. Hotel Room Upgrades

Explorer status members will be offered a complimentary two-level room upgrade. Adventurer status members will be offered a complimentary one-level room upgrade as determined by the hotel, which might include rooms on higher floors, corner rooms, newly renovated rooms, or rooms with preferred views. The upgrade will be offered at the time of check-in, based on availability, and will only apply to the Member’s personal room. Upgrade benefits will not apply to rooms booked as reward night redemption reservations.

13. Guaranteed Room Availability (Explorer and Adventurer Levels Only)

When contacting customer service or a Stoney Creek Hotel directly and guaranteeing the reservation with a valid credit card, Adventurer members will be guaranteed one room for personal use for reservations made at least forty-eight (48) hours prior to the date of arrival, and Explorer members will be guaranteed one room for personal use, for reservations made at least seventy-two (72) hours prior to the date of arrival, except during special events that result in extraordinary room demand, as determined solely by the hotel. Members will not be charged more than the prevailing rate for the accommodation available, and a Member is not entitled to a rate less than the prevailing rate. Guaranteed room availability does not apply to reward night reservations. A minimum stay duration requirement may apply at some locations. Guaranteed room availability not valid during any period of extraordinary room demand and is subject to blackout periods set out by each hotel.

14. No Walk Guarantee (Explorer and Adventurer Levels Only)

Explorer and Adventurer level members will earn a “No Walk Guarantee” providing a valid guaranteed reservation was made at least forty-eight (48) hours in advance of arrival for Explorer members and at least seventy-two (72) hours in advance for Adventurer members. Should the hotel have to walk either of these members to another non-SCHC property due to overbooking, the hotel will pay for your accommodations and will provide additional compensation of two hundred dollars ($200.00) for Explorer members and one hundred dollars ($100) for Adventure within fourteen (14) business days.

15. Point Redemption

Points may be redeemed for any charges on a guest folio, excluding; gift certificate purchases, smoking/damage fees, conference center charges, or meeting room charges. Points used to pay for a guest room have a redemption ratio of one hundred (100) points to one (1) U.S. dollar. Points used to purchase gift cards through the membership portal have a redemption ratio of two hundred (200) points to one (1) U.S. dollar. Members must have a minimum of five thousand (5,000) points in their account before they can begin redeeming points. Points may be redeemed at checkout and are issued in whole dollar amounts only. No change will be issued on odd amounts. The minimum number of points required for redemption is five thousand (5,000) points which equals fifty dollars ($50.00). The maximum number of points allowed for redemption is limited to one hundred thousand (100,000) points per stay, which equals one thousand dollars ($1,000.00).

16. Point Transfers

Program points and Member accounts are not transferable to other Members, individuals, or entities at any time, except in rare circumstances as determined by SCHC in its sole discretion. SCHC reserves the right to refuse or reverse such transfers in the event that SCHC, in its sole discretion, suspects that any party to the transfer has acted fraudulently or otherwise acted with the intent to circumvent Program requirements. In the event that a Member makes any attempt to sell, barter, auction, donate, assign, convey, or otherwise transfer his or her points, awards, membership benefits or account to a third party in violation of these Terms, all persons involved in advertising, facilitating, or administrating the prohibited transfer may, in SCHC’s sole discretion, immediately forfeit all points or awards, have their respective membership terminated, and/or be barred from future participation in the Program or any other SCHC program.

17. Employer Restrictions

Some employers may by policy prohibit or restrict employee participation in the program. SCHC assumes no responsibility or liability for compliance with or violation of these policies.

18. Communication Not Received

SCHC is not liable for loss of misdirected correspondence or requests that may be incomplete, illegal, delayed, lost or stolen.

19. Restricted by Law

This program or participation therein is not valid and the awarding of Program points and the granting of rewards is void where prohibited by law.

20. Points Have no Value

Program points are not redeemable for cash or any other form of credit and have no value until presented for redemption in accordance with the terms and conditions of this Program. Points have no fixed or ascertainable cash value. Members have no ownership interest in accrued points, nor do the points constitute property of the members. The word “earn” in marketing materials in relation to this Program shall mean “collect.” Points may not be sold and are not transferable except as otherwise stated herein.

21. Program Violations

Program violations, fraud, or abuse in relation to point credit or reward usage is subject to appropriate administrative and/or legal action by appropriated governmental authorities and by SCHC, including the forfeiture of all point transfers, rewards, vouchers, or merchandise issued pursuant to point redemptions and any accrued points in your account, as well as cancellation of the account and your future participation in the Program.

22. Other Point Awards

Program points may be distributed as rewards, recognitions, or incentives by SCHC to guests and hotel employees and also by other companies with whom SCHC has authorized agreements to their employees and customers.

23. Program Interpretation; Final Decisions

Interpretation of these Terms shall lie in the sole discretion of SCHC. SCHC reserves the right to add, modify, delete, or otherwise change these Terms or any rules related to the Program at its sole discretion, with or without notice and subject to local laws and regulations. All decisions of SCHC related to the earning, transference, and/or use of points, awards, benefits, or other aspects of your membership in the Program, or to these Terms, including any decision to deduct points from an account or deny awards or benefits, are final and binding on you, and you agree to abide by all such decisions.

24. NO WARRANTIES; LIMITATION OF LIABILITY; WAIVER OF JURY TRIAL

THIS PROGRAM IS MADE AVAILABLE TO YOU ON AN AS-IS, AS-AVAILABLE BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. SCHC AND THE OPERATORS, DIRECTORS, MANAGERS, AND EMPLOYEES OF SCHC AND/OR ANY STONEY CREEK HOTEL (COLLECTIVELY, THE “SCHC PARTIES”) MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE PROGRAM FOR YOU. THE SCHC PARTIES SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. YOUR PARTICIPATION IN THE PROGRAM IS AT YOUR OWN RISK.

WITHOUT LIMITING THE FOREGOING, THE SCHC PARTIES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION RELATED TO THE PROGRAM IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY, OR CURRENT, OR THAT THE PROGRAM WILL OPERATE WITHOUT INTERRUPTION OR ERROR. DESPITE OUR COMMERCIALLY REASONABLE EFFORTS, THE PROGRAM SITE AND OTHER PROGRAM MATERIALS MAY CONTAIN TYPOGRAPHICAL OR OTHER ERRORS OR INACCURACIES, INCLUDING, WITHOUT LIMITATION, REGARDING THE AMOUNT OR VALUE OF A PARTICULAR AWARD, THE NUMBER OF POINTS REQUIRED TO REDEEM A PARTICULAR AWARD, THE NUMBER OF POINTS TO BE AWARDED FOR A PARTICULAR ACTION, THE ABILITY TO REDEEM AN AWARD OR RECEIVE A MEMBERSHIP BENEFIT AT A PARTICULAR HOTEL, OR THE CLASSIFICATION OF ANY HOTEL FOR AWARD PURPOSES. NO SCHC PARTY WILL BE RESPONSIBLE FOR ANY SUCH ERROR, TYPO, OR MISPRINT IN THESE TERMS OR ANY PROGRAM MATERIALS. SCHC RESERVES THE RIGHT TO VOID OR REFUSE TO PROCESS ANY PROGRAM AWARD, PURPORTED POINT-EARNING EVENT, OR OTHER TRANSACTION ARISING OUT OF SUCH AN ERROR, TYPO, OR MISPRINT.

THE SCHC PARTIES WILL NOT BE LIABLE FOR ANY ACTS, ERRORS OR OMISSIONS OF ANY MEMBER OR OTHER THIRD PARTY.

IN NO EVENT WILL ANY SCHC PARTY BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PROGRAM. YOU AGREE THAT THE SCHC PARTIES’ TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH OR ARISING OUT OF THE PROGRAM AND THESE TERMS, WILL NOT EXCEED THE LESSER OF TEN UNITED STATES DOLLARS (US $10.00) OR THE AMOUNT PAID BY YOU, IF ANY, SPECIFIC TO PARTICIPATION IN THE PROGRAM, PLUS ANY PREVAILING PARTY COSTS OR FEES RECOVERABLE PURSUANT TO APPLICABLE LAW. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE-STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

BY PARTICIPATING IN THIS PROGRAM, YOU HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THE PROGRAM OR THE ACTIONS OF THE SCHC PARTIES IN THE PERFORMANCE OR ENFORCEMENT HEREOF.

This entire section will survive the termination of this Program and your membership in it.

25. Governing Law; Venue

The Program, these Terms, and any disputes between you and SCHC associated with the Program or these Terms will be governed by the laws of the State of Iowa, without reference to its conflict of laws principles. Exclusive jurisdiction over any cause of action arising out of or related to the Program or these Terms will be in state or federal courts located in Des Moines, Iowa. You further agree to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

26. Miscellaneous

(a) Force Majeure. The SCHC Parties are not responsible or liable to you, or any person claiming through you, for failure to supply or fulfill an award, benefit or points in this Program in the event the Program or its operations are affected by any acts of god, any action, regulation, order or request by any governmental or quasi-governmental entity, equipment failure, actual or threatened terrorist acts, weather, natural phenomenon, war (declared or undeclared), fire, embargo, labor dispute or strike, labor or material shortage, transportation interruption of any kind, civil disturbance, insurrection, riot, pandemic/epidemic (or similar public-health threat or emergency), or any laws, rules, regulations or orders or other action adopted or taken by any national, federal, state, provincial, or local government authority, or any other cause, whether or not specifically mentioned above.

(b) Taxes May Apply. Points, awards and other membership benefits may be subject to taxes, and any associated obligations are each Member’s sole responsibility.

(c) Severability. If any part of these Terms is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms will govern such participation.

(d) Law Enforcement/Governmental Requests. You agree that nothing contained in these Terms limits SCHC’s right to comply with law enforcement or governmental requests or requirements relating to your participation in the Program or information provided to or gathered by SCHC with respect to such participation.

(e) Entire Agreement/Merger. These Terms constitute the entire and exclusive agreement between you and SCHC or any SCHC affiliate with respect to the Program. These Terms supersede all prior or contemporaneous communications, agreements, advertising, and proposals, whether electronic, oral or written, with respect to this Program or any other version of a customer-loyalty program from SCHC or a SCHC Party. Both you and SCHC acknowledge that neither of you have been induced to enter into these Terms by any representations or promises not specifically stated in these Terms.

(f) Admissibility in Future Proceedings. A printed version of these Terms and of any notice given by SCHC in electronic form will be admissible in judicial, arbitrative, or administrative proceedings based upon or relating to these Terms or your participation in the Program to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by SCHC in printed form.

(g) Precedence; Waiver; Interpretation. If and to the extent that there is any conflict among or between the Program website or other Program marketing materials and these Terms, the language in these Terms will govern. SCHC’s failure to or decision not to enforce any provision in these Terms will not constitute a waiver of that or any other provision. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision.