×

Terms & Conditions: Partner Program

Emaar Hospitality Group LLC
P.O. Box 9440, Dubai
United Arab Emirates
www.emaar.com

EMAAR Wholesale Booking Program

Terms and Conditions

This Emaar Wholesale Booking Program Agreement (the "Agreement") sets forth the terms and conditions of participation in Emaar Hospitality Group's (the "CLIENT") Wholesale Booking Program, and is effective as of the date that Emaar Hospitality Group advises that the application submitted by a wholesaler (the "Booker," "you," or "your employer") has been accepted and a user account has been activated for the Booker. Any participation in this service will constitute acceptance of this agreement.

Emaar Hospitality Group LLC (EHG), a limited liability company incorporated and registered in Dubai, United Arab Emirates holding a commercial license number 586840 whose principal place of business is at P.O.Box 9440, Dubai, UAE (the "Client")

1. Applicability of Agreement

A. The Emaar Wholesaler Booking Program provides qualified wholesalers with a user account that provides access to Dynamic Rates at Participating EHG Hotels. Account holders have access to Dynamic Rates via EHG's online booking portal: www.emaarb2b.com.

B. To qualify, the booker must be primarily engaged in the business of offering packaged travel products and services directly (or indirectly exclusively through offline travel agents) to Guests and not to a registered offline and/or online travel agent or travel agency.

2. Definitions. The definitions and rules of interpretation in this clause apply in this agreement (unless the context requires otherwise).

A. "Affiliate" means a person or entity that either Booker or Emaar Hospitality Group (the "Client") directly or indirectly controls. For purposes of this definition, the term "controls" means the possession, directly or indirectly, of the power: (i) to vote fifty percent (50%) or more of the voting stock or equity interests of such person or entity; or (ii) to direct or cause the direction of the management and policies of such person or entity, whether through the ownership of voting stock or equity interests, by contract or otherwise.

B. "Best Available Rate" means, with respect to any guest room at a Participating Hotel, the published room rate for such guest room type made available to the general public at the time of booking on any website operated by or on behalf of EHG (but not including any of the following: promotional rates made available only through channels owned or operated by or on behalf of EHG; rates, promotions or other benefits offered to members of a EHG or Participating Hotel loyalty program; specially negotiated rates; corporate rates; group rates; and rates that require qualified proof of membership in a specific third-party Booker or organization, such as AAA rates and government rates). The Best Available Rate is a real-time, Yieldable rate set at the discretion of each of the Participating Hotels, is subject to change by each of the Participating Hotels, and varies with supply and demand.

C. Business of the Client: Real estate, leisure, hospitality, retail and malls development and management.

D. "Channels" means, collectively, any mechanism (e.g., websites, xml feeds or call centers), through which Booker markets Dynamic Packages directly to Guests.

E. "Dynamic Package" means two (2) or more substantial travel-related components (such as air, hotel, cruise and car), each of material value when compared to the other parts of the bundle, made available to Guests for bundled booking in a manner in which the applicable Dynamic Rate will be opaque and will at no time be visible, apparent, discernible or known to Guests.

F. "Dynamic Rate" means individually and collectively any room rate made available to Booker via www.emaarb2b.com. Dynamic Rates are "real-time", Yieldable at the discretion of the Participating Hotels, subject to change by the Participating Hotels, vary with supply and demand, and shall be made known and available to and accessed by Booker only via www.emaarb2b.com.

G. "Guest(s)" means the end user who books a stay in a Room that was reserved directly or indirectly through the Room information provided to the end user by Booker.

H. "Guest Information" means a Guest's first and last name, address, phone number and other personal data.

I. "Independent Property Agreements" means any separate Dynamic Package agreements between Booker and a particular Participating Hotel.

J. "Participating Hotel(s)" means, at any given point in time, each of the Participating Managed Properties.

K. "Participating Managed Properties" means hotels and other properties and businesses owned and/or managed by the Client or one of its Affiliates that have independently elected to participate in this Agreement,

L. "Group Company" means Emaar Properties PJSC and all of its subsidiaries (companies in which Emaar Properties PJSC hold, directly or indirectly, 50% or more of share capital) other than the Client, as may be notified by Client to the booker or his employer from time to time.

M. "Room(s)" means any guest room at a Participating Hotel made available to Booker for booking by Guests at a rate set by the Participating Hotel, in accordance with the terms of this Agreement for the purpose of being booked by Guests as part of a Dynamic Package.

N. "Standard Room Charge" means the Dynamic Rate, plus any applicable Taxes levied directly on the booking of the Room and any other mandatory charges. No Standard Room Charge shall include any incidental charges such as, without limitation, charges for resort fees, an extra person, extra bed, breakfast, mini-bar, room service, movies, internet access, telephone, or health club use. Participating Hotels may impose such incidental charges on Guests as appropriate.

O. "Taxes" means, sales, use, excise, VAT, GST, lodging, rental, occupancy, transient, or other taxes or governmental fees imposed on the sale, booking or rental of hotel room accommodations or other transactions and on any amounts received pursuant to this Agreement.

P. "Yieldable" means that Room availability will vary with supply and demand and that a Participating Hotel is not obligated to provide any minimum number of available Rooms on any date.

Q. Intellectual Property Rights: patents, rights to Inventions, copyright and related rights, trade marks, trade names and domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part of the world.

R. VAT: means the Value Added Tax as imposed by the VAT Law.

S. VAT Law: means the UAE Federal Decree-Law No. (8) of 2017 as amended or supplemented from time to time and any replacement thereto.

T. Valid Tax Invoice: means a VAT invoice that meets all of the requirements of the VAT Law.

U. Works: all records, reports, documents, papers, drawings, designs, transparencies, photos, graphics, logos, typographical arrangements, software programs, inventions, ideas, discoveries, developments, improvements or innovations and all materials embodying them in whatever form, including but not limited to hard copy and electronic form, prepared by the booker or their employer in connection with the provision of the Services.

3. Username ID Assignment, Security & Renewal

A. Upon review, qualification and acceptance of the EHG Wholesale Program Application found at www.emaarb2b.com, EHG will issue you a non-transferable, non-assignable Username ID, terminable in EHG's discretion. You must be logged into your user account for all individual bookings for you to receive access to Dynamic Rates and credit toward annualized production requirements. EHG has no other means to identify you without your Username ID, and EHG and the Participating Hotels are not responsible in any way for bookings that are not associated with your Username ID. Subject to the foregoing, your Username ID will be attached to any booking made via EHG's online booking portal: www.emaarb2b.com.

  

B. Booker will not and will not permit any Channels to share Booker's Username IDs and passwords with any person or entity other than the Booker.

C. Booker is wholly responsible for the security of the Username ID and Password and any additional sub users and sub usernames and passwords. In the event of any security breach, Booker must change all passwords immediately and must notify edistribution@emaar.ae immediately. Booker bears full, direct, joint and several liability and responsibility for all bookings, actions and omissions made under Booker Username IDs.

D. Your enrollment in the EHG Wholesale Program may be re-authorized by EHG annually. Renewal is conditional upon, among other things: (i) your acceptance and adherence to the then-current version of the Emaar Wholesale Program terms and conditions; and (ii) annual or annualized production of an agreed upon number of room nights.

4. Rooms Rate Plans

A. In consideration for Booker's services as set forth in this Agreement, EHG and/or Participating Hotels shall make Rooms available to Booker pursuant to the terms provided in this Agreement.

B. Booker may make Rooms available to Guests using only the Dynamic Rates received from EHG under this Agreement and not rates from any third party or other distribution channel.

C. Each Participating Hotel shall have sole and absolute discretion to determine the availability of Rooms. It is understood and agreed by the parties that the Participating Hotels, and not Booker, shall bear the full risk of loss with respect to the potential booking of the Rooms by Guests, including but not limited to, the risk of any available Rooms not being booked through any of Booker Channels.

D. Booker shall make the Rooms available only to Guests who are booking transient leisure travel. Booker shall not provide Room information on any Channels directed to business travel or group travel, or booking 9+ Rooms in a single booking or single session. For the avoidance of doubt, if it is determined by EHG that Booker is facilitating bookings by or providing Room information available to business travelers or persons attending group or convention events scheduled at a Participating Hotel, Booker will be in material breach of this Agreement which, without limiting any of EHG's other rights, shall entitle EHG to terminate this Agreement on behalf of some or all Participating Hotels or to terminate eligibility of such Channels to participate in this Agreement. Any Rooms booked at a Participating Hotel in violation of this Section will be cancelled without any refund or liability of the Participating Hotel or EHG.

E. Booker can only provide Room and rate information directly (or indirectly exclusively through an offline travel agent) to a Guest as part of a Dynamic Package for booking by Guests. Room and rate information cannot be passed to any other channel for republication, redistribution or resale, whether packaged or unpackaged. Booker shall ensure that Room information is not provided on any Channels as room only or unpackaged, including without limitation via offline or online (e.g., internet based) channels or any other interactive or electronic channels (e.g., online travel agencies (OTAs),offline travel agents/agencies, opaque sites, group buying, loyalty or points redemption programs, flash sales, social commerce and daily deals sites and applications).

F. Booker shall ensure that Room information is not provided on its Channels through any global distribution system (GDS) (i.e., any subscriber-based booking or content distribution system).

G. Booker will immediately discontinue providing EHG rate and Room information to particular channels specified by EHG from time to time, including but not limited to rate shopping / meta search sites (such as kayak.com).

H. Booker must not make any false, misleading or deceptive claims that it offers specially discounted rates on Participating Hotels' Rooms, or advertise that it has the lowest price available, substantial discounts, online exclusive rates, exclusive savings, or comparable statements for Rooms.

I. Within 24 hours of identifying an Exception (defined below) or of being notified by EHG or the Participating Hotel of an Exception, and while Booker works to resolve the Exception, Booker shall immediately suspend further access to any Rooms by the Channel involved in the Exception until it is resolved. EHG and/or the Participating Hotel may immediately suspend Booker access to the Emaar Wholesale Program and/or any rate plan at the time any Exception is identified, and Booker notified. If the Exception remains unresolved after 2 days of notification, or is not resolved to EHG's satisfaction within the time period, in addition to any other rights under this Agreement, EHG shall be entitled to treat this as a material breach of this Agreement which, without limiting any of EHG's other rights, shall entitle EHG to terminate this Agreement on behalf of some or all Participating Hotels or to terminate participation of such Channel(s) in this Agreement.

J. For purposes of this Section, "Exception" shall mean if any of the following are applicable to any of Booker's Channels: (i) the Channel is facilitating or permitting bookings, or has control over an entity that is facilitating or permitting bookings, of the Participating Hotels' Rooms in a manner that is inconsistent with the terms of this Agreement; (ii) the Channel is, in the opinion of EHG, detrimental to EHG's brand or image, including but not limited to displaying any information, images or content which EHG believes violates any intellectual property rights or is defamatory, or libelous, lewd, pornographic, or obscene, or promote violence, or contain hate speech; (iii) the Channel conducts business in a manner that is inconsistent with EHG's business model (e.g., such Channel is a flash site or group buying site), offers Rooms in violation of the requirements of this Agreement or otherwise engages in practices that violate EHG's official channel standards; (iv) the Channel engages in activities or practices that are the subject of a good faith dispute between such Channel and EHG or the Participating Hotels with respect to the display of Rooms on such Channel, or use of intellectual property; and/or (v) the Channel disseminates Room information or facilitates Room bookings in violation of any terms in this Agreement.

You must not permit reservations to be made by any party other than you, the Booker, or authorized employees within your company.

K. You are responsible for informing every Guest of each Participating Hotel's cancellation policy applicable to the Guest's booking and to remit all required payments to the Participating Hotel in the event of a no show if the room was not cancelled before the deadline set by the Participating Hotel.

5. Dynamic Rate

. Booker will have access to the Dynamic Rate using their Username ID on the on line booking portal. Dynamic Rate are net, non-commissionable and are offered to Booker at a discount off of Participating Hotels' Best Available Rate at the time of booking for booking by Guests either as Rooms and room nights or as part of a Dynamic Package.

A. Room availability will vary with supply and demand, and Participating Hotels are not obligated to provide any minimum number of available rooms on any date.

B. For the avoidance of doubt, no commission shall be due or payable by EHG or any Participating Hotel in connection with the booking or consumption of rooms hereunder.

6. Rate Rules

. Booker shall have sole discretion in setting the price of the Dynamic Package; provided that Booker shall ensure that the price advertised and offered for the Dynamic Package to Guests by its Channels equals or exceeds the sum of the Best Available Rate and all applicable Taxes associated with the particular Room booking.

A. Participating Hotels shall determine what, if any, restrictions on rates for Rooms and other conditions, including (without limitation), cancellation terms and fees, minimum stay requirements or mandatory charges (e.g., resort fees) (collectively "Rate Rules") will apply to their Rooms. Every Room rate is subject to its associated Rate Rules and no rate may be advertised or displayed unassociated with its accompanied Rate Rules. Booker shall cause all Channels to provide notice to Guests of the Rate Rules applicable to the Room rate both prior to any booking and in any confirmation,  communications delivered to Guests as a result of a booking. Participating Hotels shall honor any Rate Rules provided by the Participating Hotel and prominently displayed by the Channel to the Guest prior to the time of booking. In the event EHG or a Participating Hotel inadvertently posts an erroneous rate, whether due to human error, incorrect currency, system malfunction, or the like, EHG and the Participating Hotel shall determine whether or not to honor the rate in the same manner it would if the erroneous rate were posted on a EHG internal channel in accordance with EHG's applicable policies.

7. Rate Confidentiality

. All Dynamic Rates are rate confidential. Booker shall ensure that the applicable Dynamic Rates are not disclosed to or discernible by Guests, verbally, or in writing, or in any in-room electronic information systems and that the discounts provided by or to Booker for each element in any Dynamic Package cannot be readily reversed engineered.

8. Participation of Managed Properties

. EHG enters into this Agreement solely on behalf of each "Manager" of the Participating Managed Properties. Booker acknowledges and agrees that any Participating Hotel can hold Booker liable for any breach of the terms of this Agreement by Booker that impacts such Participating Hotel.

9. Independent Property Agreements

. Notwithstanding anything to the contrary contained in any Independent Property Agreement, any Participating Hotel with an Independent Property Agreement has the option to terminate the Independent Property Agreement immediately upon Booker accepting the terms and conditions provided in this Agreement and accessing Rates and availability on www.emaarb2b.com,and any Participating Hotel exercising such option shall have no further liability, responsibility or obligations thereunder.

10. Payment

. The terms in this Section apply to any Guest bookings of the Rooms through Booker's Channels.

A. The parties hereto acknowledge that Booker bears no risk of loss if Guests do not book any Rooms made available by Participating Hotels to Booker. Booker at no point assumes title to any Room. Nothing in this Agreement constitutes a sale or rental of Rooms from EHG or any of the Participating Hotels to Booker or any Channel.

B. Subject to this Section, as and when required by EHG, Booker shall remit to EHG or the applicable Participating Hotel on behalf of Guests all of the Standard Room Charge for every Room night booked by such Guests through the Channels. To effectuate such payment, Booker agrees to employ a credit card, approved by EHG, to streamline the billing and settlement process associated with Guest bookings. Booker shall ensure sufficient funds are available on the credit card to process any payments charged against it by EHG or any Participating Hotel. Booker shall remit payment despite receipt of payment in advance from Guest. Booker will solely bear all risk of credit, charge or debit card collection with respect to the Rooms. Participating Hotels will not be responsible for charging Guests directly for the Standard Room Charge of the Rooms they booked. Booker will research any discrepancies and will reconcile and make settlement based on agreed-upon Standard Room Charge.

C. Each Participating Hotel shall have the sole right to remit to the appropriate taxing authority the taxes included within the Standard Room Charge to the extent received from Booker. As between Booker and any Participating Hotel, Booker shall retain all amounts by which the price of the Dynamic Package exceeds such Standard Room Charge, and Booker will remit to the appropriate taxing authority any Taxes related in any way to any amount over the Standard Room Charge. For the avoidance of doubt, Booker is solely and directly responsible for determining and remitting all applicable Taxes on any amount over the Standard Room Charge, and will defend and indemnify EHG and Participating Hotels and hold them harmless from and against any Claims asserted by any governmental entity that such Taxes were not appropriately collected or paid by any Channel.

D. Guests will be responsible for paying the Participating Hotel for all incidental charges they may incur during their stay (e.g., all charges not included in the Standard Room Charge). Such incidental charges may include, but are not limited to, resort fees, extra person fees, etc.

E. For reservations booked through Booker's Channels, Participating Hotels will not be required to honor any changes requested directly by a Guest, unless Booker has confirmed those changes with the Participating Hotel regarding such reservation prior to that Guest's check-in.

F. If a Guest requests additional changes to the Guest's reservation directly from the Participating Hotel, whether upon arrival at the Participating Hotel or otherwise, then, unless Booker agrees to alternative payment arrangements, the Participating Hotel may charge the Guest directly for such additional changes, including any extra person fees, incidental charges, or other additional charges, and the Participating Hotel has the sole right to collect any charges for such Guest requested changes or other charges.

11. Cancellations and No-Shows

. Booked reservations may only be cancelled directly by Booker notifying the Participating Hotel via www.emaarb2b.com. Cancellation policies apply to all reservations and will be available to Booker for review prior to making a reservation at the applicable Participating Hotel.

12. Extended Stays

. Guests who wish to extend their stay at a Participating Hotel will be able to book rates directly with and pay the Participating Hotel. The participating hotel has no obligation to involve the Booker and will not be due any fees or remittances in regard to the extended room nights, and all fees and charges relating to such extended stay will be paid directly by the Guest.

13. Failure to Comply with Terms and Conditions & Termination Policies

. EHG reserves the right to suspend or cancel your participation in the Emaar Wholesale Program, including the online booking portal, at any time with immediate notice. Notification will include, but not be limited to messaging on the booking portal and / or any applicable EHG Wholesale Program web pages.

A. Compliance with the terms and conditions of this Agreement is a mandatory prerequisite and continuing condition for utilizing any EHG-issued Username ID to gain access to Dynamic Rates and using those rates to make Guest reservations for Rooms on behalf of Participating Hotels. Any violation of this Agreement may result in any or all of the following:

a. Your suspension or termination from participation in the Emaar Wholesale Program (and this Agreement);

b. Termination of any other agreements you may have with EHG or individual Participating Hotels;

c. EHG's and/or individual Participating Hotels' refusal to honor Guest reservations booked through your organization.

B. Emaar Hospitality Group may terminate the agreement with immediate effect without notice and without any liability if at any time:

a. The booker or his employer commits any Material Breach of this agreement which in the opinion of the EHG may affect the Business of the participating hotel or any group company.

b. The booker or his employer commits any serious or repeated breach or non-observance of any of the provisions of this agreement or refuses or neglects to comply with any reasonable and lawful directions of EHG;

c. the Booker or his employer are declared bankrupt, insolvent or makes any arrangement with or for the benefit of its creditors;

d. the Booker or their employer passes a resolution for its winding up, enters into  an arrangement or composition with its creditors or makes an application to a court of competent jurisdiction for protection from its creditors or an administration or winding-up order is made or an administrator or receiver is appointed in relation to the booker or his employer

e. the Booker or his employer commits any fraud or dishonesty or acts in any manner which in the opinion of EHG (the "Client") brings or is likely to bring the emloyer, the booker or the Client or any Group Company into disrepute or is materially adverse to the interests of the Client or any Group Company;

f. the booker or his employer commits any Material Breach of the Client's policies and procedures communicated to the booker or his employer which in the opinion of the Client may affect the Business of the Client or any Group Company; or the booker or their employer during the performance of the Services commits any offence involving bribery and corruption under the applicable law.

14. Rewards Programs

. Guests will not earn any points or awards under any EHG and/or Participating Hotel loyalty or frequent guest programs when Guests book their Room through the Channels, and Booker will ensure prominent pre-booking display of non-eligibility for points and awards on all Channels.

A. Booker must not use any EHG or Participating Hotels' Room and rate information or trademarks in connection with the promotion of a Booker or third party loyalty program.

15. Walked Guests

. Participating Hotels will not "walk" Guests with any greater frequency than customers booked through other reservations channels. With respect to Participating Hotels it is its standard practice when "walking" a Guest, to refer the Guest to a comparable EHG affiliated hotel in the area.

16. Trademarks/Tradenames/Fees and Expenses

. The Channels' right to use EHG Marks and EHG Content is set forth at www.emaarb2b.com under link entitled "Terms and Conditions", as it may be changed, or supplemented by EHG from time to time (collectively, the "Terms and Conditions"), all of the terms of which are incorporated herein by this reference and binding upon Booker and the Channels as if set forth herein. Initial capitalized terms used but not defined herein shall have the meanings given such terms in the Terms and Conditions.

A. Booker will support EHG's enforcement activity relating to the Terms and Conditions against any of Booker's Affiliates and all Channels.

B. Booker shall be responsible for its own costs and expenses in connection with the performance of its obligations hereunder, including but not limited to costs and expenses of technical integration and support.

17. Data, Indemnification and Confidentiality

. Each party acts as an independent controller with respect to its processing of personal data in connection with this Agreement. Each party will comply with its respective obligations under applicable data protection laws with respect to its processing of such personal data. To the extent that either party provides personal data to the other party pursuant to this Agreement, the party supplying the personal data confirms that it has consent or another legal basis to provide the personal data to the receiving party and for the receiving party to process the personal data consistent with this Agreement, and in accordance with its applicable privacy policy. For clarity, nothing in this Agreement limits a party's ability to use an individual's personal data to the extent directed by, consented to or requested by such individual.

A. Additional indemnification and confidentiality provisions are set forth at www.emaarb2bc.com and linked pages, including but not limited to the Terms and Conditions, all of the terms of which are incorporated herein by this reference and binding upon Booker and the Channels as if set forth herein.

18. Representations and Warranties

. Each party hereto represents and warrants that it has the right, power and authority to enter into this Agreement and to perform all of its obligations hereunder.

19. Exclusion of Certain Warranties and Liabilities.

. SO LONG AS BOOKER REMAINS AUTHORIZED TO PARTICIPATE UNDER THIS AGREEMENT, BOOKER SHALL USE COMMERCIALLY REASONABLE EFFORTS TO MAINTAIN THE AVAILABILITY OF ITS CHANNELS. EACH PARTY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND UNINTERRUPTED SERVICE. EXCEPT FOR THE TRADEMARK/TRADENAMES AND LICENSE OBLIGATIONS ESTABLISHED HEREIN AND THE INDEMNIFICATION OBLIGATIONS ESTABLISHED HEREIN AND IN THE TERMS AND CONDITIONS, INCLUDING THE CONFIDENTIALITY OBLIGATIONS THEREIN, IN NO EVENT WILL EITHER PARTY OR ANY PARTICIPATING HOTEL BE LIABLE FOR ANY UNFORESEEABLE, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES FROM ANY SUBJECT MATTER OF ANY KIND WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT, OR FOR FRAUDULENT MISREPRESENTATION.

20. Force Majeure

. The failure to perform a service required under this Agreement is excused without liability upon the occurrence of an Extraordinary Event, but only to the extent (i) the excused party has provided written notice to the other party of the Extraordinary Event as soon as reasonably practical, but in no event longer that ten (10) days of the Extraordinary Event's occurrence, (ii) the excused party has made all commercially reasonable efforts to overcome the Extraordinary Event, and (iii) the Extraordinary Event makes it illegal or impossible to perform the service that was not performed. An "Extraordinary Event" shall mean acts of God, war, government regulations, disaster, strikes (except those involving the employees or agents of the party seeking the protection of this clause), civil disorder, or curtailment of transportation facilities, or any other causes beyond the reasonable control of either party (excluding, however, financial inability, or general economic and/or market factors). Upon the occurrence of an Extraordinary Event impacting a Guest's ability to arrive for or complete a reserved stay, resolution will be subject to the Participating Hotel's policies and discretion.

21. Waiver of Jury Trial

. EACH PARTY HERETO HEREBY UNCONDITIONALLY AND IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT.

22. English Language

. This Agreement has been written and executed in the English language. Any translation into any other language is for convenience only, will not be an official version thereof, and in the event of any conflict in interpretation between this English version and such translation, only this English version will control.

23. Waiver

. No term or condition of this Agreement shall be deemed waived, and no breach shall be deemed excused, unless such waiver or excuse is in writing and is executed by the party against whom such waiver or excuse is claimed.

24. Entire Agreement

. This Agreement, including the Terms and Conditions, contains the entire agreement and understanding between the parties solely with regard to the subject matter hereof, and supersedes all prior and contemporaneous oral or written agreements and representations.  EHG's reserves the right to amend, modify and supplement the Terms and Conditions from time to time, and the bookers continued use of the service will signify acceptance of any such variations of the originally accepted terms and conditions.

Guest Information

A. Booker and Participating Hotel will comply with all applicable laws regarding the collection, transfer, storage, use and sharing of Guest Information.

25. Compliance with Law

. Booker agrees to perform its obligations under this Agreement in compliance with its privacy policy and all applicable federal, state and local laws governing this Agreement.

A. Completing the Emaar Wholesale Program Application and/or making a Guest reservation for any Rooms using Dynamic Rates constitutes acknowledgement of the terms and conditions provided in this Agreement and agreement by you to abide and be bound by them as they may change from time to time.

26. Collateral Request

. Brochures, photos and other detailed information for use in Guest bookings of Dynamic Packages on Channels may be made available to Booker by request from the individual Participating Hotels, subject to continuing compliance with the Terms and Conditions. Logos cannot be used without proper authorization from the Participating Hotel or authorized EHG contact.

27. Counterparts

This agreement may be executed in any number of counterparts, each of which, when executed and delivered, shall be an original, and all the counterparts together shall constitute one and the same instrument.

28. Governing law and jurisdiction

. This agreement 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 the laws in force in the Emirate of Dubai, United Arab Emirates.

A. The parties irrevocably agree that the courts of Dubai shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

29. Miscellaneous

A. Assignment. Neither this Agreement nor any rights or obligations hereunder may be assigned, pledged, delegated or otherwise transferred, in whole or in part, by Booker, without the prior written consent of EHG.

B. Relationship of Parties. Neither this Agreement nor the cooperation of the parties contemplated hereunder shall be deemed or construed to create any partnership or joint venture between the parties.

C. Public Communications. Booker shall not make or issue any public statement or announcement regarding the existence or the content of this Agreement, without the prior written consent of EHG.

D. Severability. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement. In the event that any provision of this Agreement is determined to be invalid, unenforceable or otherwise illegal, such provision shall be deemed restated, in accordance with applicable law, to reflect as nearly as possible the original intentions of the parties, and the remainder of the Agreement shall be in full force and effect.

. Survival. The obligations of the parties under this Agreement that by their nature would continue beyond expiration, termination or cancellation of this Agreement shall survive any such expiration, termination or cancellation.

×

Privacy Policy

Introduction

We take your privacy seriously and are committed to safeguarding your personal information at Emaar Hospitality Group LLC (which term includes all subsidiaries of Emaar Hospitality Group LLC). ("Company", "we" or "us" or "Emaar") values you as our guest, respect your privacy and are committed to protecting it through our compliance with this policy.

This policy describes the sources of your personal data that we may collect from you or that you may provide to us and our practices for collecting, using, maintaining, protecting and disclosing that information.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our platforms. By accessing or using our platforms, you agree to this privacy policy.

If you have any questions or concerns about this privacy policy or your personal information, please contact us using the details provided in Section - 'How do you contact us?'.

What information we collect about you?

Personal information you give us

The information we collect on or through our platforms may include:

• Information that you provide by filling in forms. This may include information provided at the time of registering to use our Website, subscribing to our service, registering for newsletter, using the 'contact us' form, using the "Enquiry" forms, using the 'WeCare' form, using the careers portal or requesting further services, entering a contest or promotion sponsored by us, reporting a problem with our Website. The personal information that you provide us with may include your name, email address, phone number, nationality, residential address, identification proof (such as Emirates ID, or Passport), credit card details, partner issued membership ID etc
• Records and copies of your correspondence (including e-mail addresses), when you contact us.
• Information that you provide to surveys that trigger for feedback to help us improve ourselves, details of transactions you carry out through our Website and of the fulfilment of your orders. You may be required to provide financial information before placing an order or making payment through our Website.

Other information we collect

There is other information we may collect that does not directly reveal your specific identity or does not directly relate to you as an individual. We may automatically collect the following information when you use our service:

• Your equipment, browsing actions and patterns collected automatically as you navigate through our websites.
• Usage details, time of requests, Browser types, operating system, IP addresses and information collected through cookies, web beacons and other tracking technologies.
• Details of your visits to our Website, including traffic data, location data, logs and other communication data and the resources that you access and use on the Website.

The information we collect automatically is statistical data. It helps us to improve our Website and to deliver a better and more personalized service by enabling us to:

• Estimate our audience size and usage patterns.
• Store information about your preferences, allowing us to customize our Website according to your individual interests.
• Speed up your searches.
• Recognize you when you return to our Website.

The technologies we use for this automatic data collection may include:

• Cookies: A cookie is a small piece of data, which includes an identifier made of letters and numbers that is sent by a web browser and stored on your computer. Cookies are used as a reliable mechanism to remember information about you, so your interaction with our website is seamlessly simple. Cookies typically do not contain any information that personally identify you, but personal information that we store about you may be linked to the information stored in and obtained from cookies. Please click here for details on Cookie Policy.
• Flash Cookies: Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies.
• Web Beacons: Pages of the Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

We use cookies for the following purposes:

• To identify you when you visit our platforms and to help you navigate through our platforms;
• To help determine if you are logged into our platforms:
• To store information about your preferences and to personalize our platforms for you;
• To secure and protect your user account and our platforms; and
• To analyse the use and performance of our platforms.

Information we receive from others

We work closely with third parties and receive information about you from them as well. We also collect personal information from individuals who may refer you as a friend to our loyalty schemes or products or services. We ask these individuals to confirm that you are happy to hear from us.

What are the sources of your personal data?

The sources of your personal data collected (collectively referred as "Platforms" in this policy) may include without limitation the following

• Emaar websitesThese are websites we created for you that are operated by us, they include websites operated by Emaar under our own domains and web addresses (URLs) and our own micro-sites that are part of a third-party social media networks such as Facebook, Twitter, or Instagram.
• Emails, text messaging services, and other electronic messages: These are the electronic text-based interaction between you and Emaar.
• Emaar mobile applications:These are smartphone applications created for you and operated by Emaar or one of our partners.
• Emaar Customer Service:Any communication between you and our Customer Service center (e.g. phone, chatbot, email, etc.).
• Offline registration forms: These include printed registrations, surveys, or questionnaires Emaar collects via registration forms, contests, events, and various promotions.
• Advertising:You might interact with one of our or our partners' advertisements on our websites and apps and we might receive and collect this information.
• Career Portal: These includes recruitment portal across Emaar.
• Data we create: Emaar may also create data about you, such as your reservation history.
• Data from other sources: These include social media networks, market research agencies, Emaar promotional partners, public sources, and data received when we acquire other companies.
• Third Party Partners: Online booking web sites or agents.

This policy does not apply to information collected:

• through any other means, including any other website operated by any third party; or
• by any third party, including through any application or content (including advertising) that may link to the Website.

Why do we collect and how we use your personal information?

We use personal information for several legitimate interests, including to provide and improve our services, administer our relationship with you and our business.

To facilitate any reservation or booking requests we receive from you:

To facilitate a reservation or booking request we would need to collect and use the following personal information: name, email address, phone number, residential address, nationality, identification proof (such as Emirates ID or Passport) and credit card details. We would need to collect and use your personal information to fulfil our contractual obligations towards the service(s) requested by you (such as room booking, dining reservation, etc.).

In the event you have any special requests, we would need to collect additional personal information which may also include sensitive information. For example:

• if you require our assistance with applying for a travel visa, we would collect additional information such as photograph and passport details;
• if you would like to inform us about any food allergies, we would use and retain this information to help us tailor our cuisines to your needs and to help us remember your preferences; or
• if you require any special assistance such as accessible parking, wheelchair assistance, etc., we may collect and retain this personal information to facilitate your request and be more proactive in the future;
• We shall only collect and use your personal information (especially sensitive information) based on your explicit consent and solely for the purposes mentioned above.

To manage your membership of our loyalty programs - 'U BY EMAAR':

We encourage and invite you to join our loyalty program, so that they may benefit from exclusive offers, discounts, and promotions available to members. You may join our loyalty program by registering online on the 'U BY EMAAR' webpage - https://www.ubyemaar.com

Once you register for our loyalty program, we would collect and process the following personal information: name, telephone number, email ID, 'U BY EMAAR' ID and transaction history. We would need to collect and use your personal information to fulfil our contractual obligations under the loyalty program.

As part of the loyalty program, we would also send our members information regarding special offers, discounts and promotions in pursuit of legitimate business interests. In the event you prefer not to receive such information, you may opt-out by following the instruction provided Section - "How to opt-out?".

To respond to any queries made by you:

We would need to collect and use the following personal information: name, email address, phone number, nationality and details of your enquiry.

In certain cases, your enquiry may relate to a specific service request, for example: requesting a copy of an invoice. For such requests, we need to use your personal information to help us respond to your request and to fulfil our contractual obligations under the requested service.

Additionally, when you call our customer service centre, we would maintain a record of the communications, including call recordings, in pursuit of our legitimate business interest to monitor and improve the quality of our guest support.

To provide you with information about Emaar's services and latest offers:

It is in our legitimate business interests to send you information about Emaar's services and latest offers. We use your personal information such as email ID and/ or contact number to share information relating to Emaar's services and latest offers that may be of interest to you. In the event you prefer not to receive such information, you may opt-out by following the instruction provided Section - "How to opt-out?".

To personalize the information we send you:

We may combine the information we receive and collect about you to better understand your interests and preferences so that we can provide you with an experience that is tailored to those interests and preferences. For example, we may do this by offering you use of certain facilities (such as dining, spa or lifestyle events) that you are most likely to be interested in, or sending you personalized offers, discounts or promotions by email (where you have agreed to receive our emails), or advertising content that is relevant to your interests. In the event you prefer not to receive such information, you may opt out by following the instruction provided Section - "How to opt out?".

To enable you to avail special offers and benefits from our business partners:

We have strong and longstanding partnerships with business partners across sectors including Travel, Entertainment, and Lifestyle. Our partnerships allow you to avail special benefits and offers from our business partners. For example, Emirates Skyward members can avail Skywards Miles when they stay at our select hotels and resorts.

To help you avail of these benefits, we would need to collect and share the following personal information: name, Partner issued Membership ID and transaction history, with our business partners. We would need to collect and process your personal information to fulfil our contractual obligations towards our business partners and to ensure you avail the best of benefits and offers. To see more information about our current partnerships please visit our websites.

To request your feedback, and to respond to complaints:

Your satisfaction is our utmost priority and we proactively take necessary steps to ensure you are well satisfied with our services.

To help us respond to your feedback or complaints, we would need to collect the following personal information: name, email ID, transaction details (such as Emaar hotel and room type you stayed at) and your feedback/ complaints in the submission form or through a survey after a hotel stay or dining experience.

We collect and use your personal information in pursuit of our legitimate business interests to address your concerns and to take necessary steps towards continual improvement. In the event you prefer not to receive such information, you may opt out by following the instruction provided Section - "How to opt out?".

To establish a working relationship with corporate clients:

We collect/ receive personal information about you through one of the following channels:

• When you participate in any of our sales, marketing and thought leadership events organized or hosted by Emaar;
• When our sales executive or business leaders visit events organized by external organizations (including the company you represent);
• We collect from our sales executives or business leaders who share a professional/ personal relationship with you; or
• We collect from publicly available information that you have shared on professional networking platforms such as LinkedIn.

We would need to collect the following personal information: name, email ID, contact number, designation, and the company you represent. We use this information for the purposes, listed below, in pursuit of our legitimate business:

• To share information relating to Emaar services;
• To invite you to future events, that may be of interest to you and/ or the company you represent; and
• To establish a working relationship with the company you represent.

To enter into, renew or fulfil service contracts with our corporate clients:

Over the years we have established a strong working relationship with many corporate companies to facilitate group bookings, reservations, and events. To facilitate our service offerings with our corporate clients, we enter into contractual agreements that require us to collect personal information of the company representatives, such as name, email ID, designation, and the company you represent.

Further, in the event of any corporate bookings or reservations, we would also collect information of guests availing the services and benefits under our corporate agreements. The personal information collected would include name, company employee ID and passport/identification proof. We collect and use this information to help us fulfil our contractual obligations towards our corporate clients to enforce or apply our terms of use or terms of sale and other agreements, including for billing and collection purposes.

To facilitate email campaigns carried out by our sales and marketing departments:

As part of our email campaigns, we track whenever you receive, open, click a link, or download any attachments from an e-mail you receive from Emaar. We will carry out automated profiling of such information to evaluate your interest in our service offerings or promotions. This processing will enable us to identify and target potential guests or business partners, tailor our marketing and provide you with relevant and timely content based on your interests, in pursuit of our legitimate business interests. In the event you prefer not to receive such information, you may opt out by following the instruction provided Section - "How to opt out?".

To comply with legal requirements and exercise or defend legal claims:

We may need to process and retain your personal information to comply with legal requirements to which we are subject (for example in relation to health and safety). It is in our legitimate interests to process personal information for the purposes of exercising and defending legal claims. Processing personal information may also be necessary to ensure compliance with the relevant legal and regulatory obligations.

To process your payments and protect against fraudulent transactions:

We may need to process your personal information to keep your payments safe and secure and protect against fraudulent transactions. It is in our legitimate interests to process personal information to keep your payments secure and to prevent fraud. Processing personal information in this way may also be necessary to ensure compliance with the relevant legal and regulatory obligations.

To comply with any opt-out or do not disturb requests we receive from you:

We understand that you may not prefer for us to contact you with any offers, promotions or details of our products and services. In the event you opt-out, we may be required to maintain information such as name, email ID/contact number and the subscription(s) that you have opted out of to ensure compliance with your requests. Also, in the future, if you wish to hear from us, you may at any time, contact us to opt-in and we would happy to keep you posted about our latest offers, promotions and/ or details of our products and services.

How to opt out?

• Email:You can click on the unsubscribe link provided in the email you receive from us.
• SMS:You can follow the instruction provided in the messages you receive from us
• Applications:You may click here option provided within the hospitality applications
• Contact us:You may contact us using the details provided in Section - 'How do you contact us?'.

Who might we share this information with?

We may disclose personal information that we collect, or you provide as described in this privacy policy:

• We may share your personal information with any member of the Emaar, including subsidiaries, affiliates and holding companies, in order to enable you to request our services, to process your payments, understand your preferences, send you information about products and services that may be of interest to you and conduct the other activities described in this privacy policy. Such group companies are located outside the European Economic Area ("EEA"). Please visit our website to see a list of locations within our corporate group.
• We may use carefully selected third parties to perform services on our behalf or to assist us with the provision of services to you. For example, we may engage cloud service providers, IT service providers and other third parties to provide concierge services, housekeeping and laundry services, marketing, advertising, communications, to personalize and optimize our service, to analyze and enhance data (including data about users' interactions with our services), and to provide legal, accounting, insurance, audit and other professional services. While providing such services, these third parties may have access to your personal information.
• We may share your personal information with select business partners in sectors including travel, entertainment, lifestyle, and other industries to enable our guests to avail special offers. For example, our partnership with our airline partner enables our guests to earn miles for every stay, as well as benefit from exclusive special offers. You may find more information about our partners by visiting our website.
• Where required or permitted by law, personal information may be provided to others, such as regulators and law enforcement agencies.
• We may share to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all the Company's assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by the Company about our Website users is among the assets transferred.
• We may share with government or regulatory request to comply with any court order, law or legal process
• We may share with other companies and organizations for the purposes of fraud protection and credit risk reduction if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our guests or others.

The personal information that we collect from you may be transferred to, and stored at, a destination outside the EEA (for example, in Dubai). It may also be processed by staff operating outside the EEA who works for us or for one of our third-party vendors. We will take all steps that are reasonably necessary to ensure that your personal information is treated securely and in accordance with this privacy policy and applicable data protection laws, including, where relevant, entering EU standard contractual clauses (or equivalent measures) with the party outside the EEA receiving the personal information. We carry out such transfers to facilitate the performance of our contract and in pursuit of our legitimate business interests of helping us serve you better. We have implemented adequate safeguards to protect and secure the information involved in such transfers. Where we transfer personal information outside of EU, we either transfer personal information to countries that provide an adequate level of protection (as determined by the European Commission) or we have appropriate safeguards in place. Appropriate safeguards to cover these transfers are in the form of standard contractual/data protection clauses adopted by the European Commission.

If you would like more information on protection measures and transfer mechanisms, please contact us using the details provided in Section - 'How do you contact us?'.

How long do we keep information about you?

We will only keep your personal information for as long as is reasonably necessary taking into consideration our need to answer queries or resolve problems, any other purpose outlined above or to comply with legal requirements under applicable law(s). This means that we may retain your personal information for a reasonable period, for example, the end of the contract with the guests you represent, or after your query has been addressed. In certain cases, we may retain your personal information for a longer period where extended retention periods are required by law or regulation and to establish, exercise or defend our legal rights. We will ensure that it is disposed in a secure manner when it's no longer needed.

For more information on where and how long your personal information is stored, and for more information on your rights of erasure and portability, please contact us using the details provided in Section - 'How do you contact us?'.

How secure is your information?

Your personal data security is an important concern to us. We provide the utmost care in secure transmission of your personal information from your computer, smartphone, and other electronic devices to our servers. We use industry security standards to safeguard the confidentiality of your information (e.g. firewalls, Transport Security Layer ("TLS") etc.) and to make sure that your personal information is secure with us.

We have implemented and maintains appropriate technical and organizational security measures, policies and procedures to protect your personal information from the accidental loss, unauthorized access, use, alteration and disclosure. All information you provide to us is stored on our secure servers behind firewalls. All payment transactions are encrypted using TLS technology. Ex: Measures we take includes:

• Placing confidentiality requirements on our staff and service providers;
• Restriction of access to your personal information to employees and third parties strictly on a need to know basis, such as to respond to your enquiry or request;
• Destroying or anonymizing personal information if it is no longer needed for the purposes for which it was collected; and
• Using secure communication channels for transmitting personal data.

The safety and security of your information also depend on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

What are your rights?

If you are subject to laws that provide you with such rights, you may have certain rights in relation to your personal information given below.

If you wish to access any of these rights, we may ask you for additional information to confirm your identity and for security purposes, before disclosing personal information to you. We reserve the right to charge a fee where permitted by law, for example, if your request is manifestly unfounded or excessive.

If you would like to access the below rights, you may contact us by completing a form on our website or by mailing us at  customer.privacy@emaar.ae or sending us a communication to Data Privacy Office, PO Box 9440, Dubai, United Arab Emirates . We shall aim to comply with all requests within reasonable time in-line with applicable laws. We may not always be able to fully address your request, for example,

• if it would impact the confidentiality we owe to others, or
• if we are legally entitled to deal with the request in a different way. or
• if your request involves deletion of information that are required to comply with the legal requirements.

We will make every reasonable effort to honour your request in-line with applicable laws. In the event we require additional time due to the complexity of the request, we shall promptly inform you of the same.

The right to access

You have the right to obtain confirmation as to whether we process personal data about you, receive a copy of your personal data held by us, and obtain certain other information about how and why we process your personal data (like the information provided in this privacy statement).

The right to rectification

You have the right to request for your personal data to be amended or rectified where it is inaccurate (for example, if you change your name or address) and to have incomplete personal data completed.

The right to restrict processing of personal data

You have the right to restrict our processing of your personal data in the following cases:

• Temporarily for a period when you have contested for the accuracy of the personal data;
• Temporarily for a period when you have objected for the legitimate interest identified by us,
• Your personal data have been unlawfully processed and you request the restriction of processing instead of deletion;
• The personal data are no longer necessary in relation to the purposes for which they were collected and processed but the personal data are required by you to establish, exercise or defend legal claims;

We can continue to use your personal information following a request for restriction, where:

• we have your consent; or
• to establish, exercise or defend legal claims; or
• to protect the rights of another natural or legal person.

The right to erasure (also known as 'the right to be forgotten')

You have the right to obtain deletion of your personal data in the following cases:

• The personal data are no longer necessary in relation to the purposes for which they were collected and processed;
• Our lawful basis for processing is consent, you withdraw consent and we have no other lawful basis for the processing;
• Our lawful basis for processing is that the processing is necessary for a legitimate interest pursued by us, you object to our processing and we do not have overriding legitimate grounds;
• You object to our processing for direct marketing purposes;
• Your personal data have been unlawfully processed; and
• Your personal data must be erased to comply with a legal obligation under EEA to which we are subject.

We are not required to comply with your request to erase personal information if the processing of your personal information is necessary:

• For compliance with a legal obligation; or
• For the establishment, exercise or defence of legal claims.

The right to object to the processing of personal data

You have the right to object to our processing of your personal data in the following cases:

• our lawful basis for processing is that the processing is necessary for a legitimate interest pursued by us; and our processing for direct marketing purposes.

The right to data portability

You have the right to receive your personal data provided to us and have the right to send the data to another organization (or ask us to do so if technically feasible) where our lawful basis for processing the personal data is consent or necessity for the performance of our contract with you and the processing is carried out by automated means.

The right to withdraw consent at any time (where processing is based on consent)

Where we process personal data based on consent, individuals have a right to withdraw consent at any time.

The right to lodge a complaint with a supervisory authority

If you are not content with how we manage your personal information, you can lodge a complaint with a supervisory authority in your country of residence, place of work or the country in which an alleged infringement of data protection law has occurred within the EEA. We sincerely hope that you will never need to, but if you do want to complain about our use of personal data, you can contact us in one of the ways mentioned in Section - 'How do you contact us?'. We will look into and respond to any complaints we receive.

Updates on Policy

This policy may change from time to time. Your continued use of our platforms after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

How do you contact us?

In case of any queries related to this policy, you can contact our Data Privacy Office in one of the following ways.

• Email us at customer.privacy@emaar.ae
• Call us at 800-EMAAR (36227)
• Send us a communication to the Data Privacy Office, Emaar Hospitality Group LLC, P.O. Box 9440, Dubai, United Arab Emirates.