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Conditions of Participation of the NOVUM Hospitality Loyalty Program "N-Members

1. Overview N-Members Loyalty Program ("N-Member")

The loyalty program "N-Members" rewards you as a registered guest ("Member") for your membership. When booking online directly via your N-Members profile, as a Member you will receive the benefits described below. The basis of a membership are the conditions of participation described below (also "GTC") between the Member and NOVUM Hospitality Novum Management GmbH, An der Alster 63, 20099 Hamburg, incl. affiliated companies in the sense of § 15 AktG).

2. Participating Hotels

All hotels and boarding houses that are managed by a NOVUM Hospitality company under the brand name "Novum Hotels", "Select Hotels", "the niu", "Yggotel" or "acora Living the City" at the time of travel participate in the N-Members Loyalty Program.

4. N-Members advantages

The N-Member is entitled to the following permanent advantages:

4.1.      Cost advantage for overnight stays due to N-member price.

On our booking portals [www.novum-hotels.com, www.select-hotels.com, the.niu.de, www.yggotel.com and www.acora.de] we show you the N-Member price in addition to the normal price. In order to be able to book your overnight stay at the favorable N-Members price, you must either already be an N-Members member or take out an N-Members membership before or during the booking of overnight stays and be logged in with your N-Members customer account.

4.2.      1 x mineral water per stay and room free of charge;

4.3.      Faster and easier booking through the deposited data; and

4.4.      Other changing, time-limited benefits, which will be communicated through the N-Members newsletter.

5. Free membership, consideration

5.1      N-Members membership is free of charge.

Participation in N-Members is free of charge  but only possible against granting consent to receive newsletters and further information by the provider. No costs are incurred through participation in N-Members. A physical N-Membership card is not issued.

5.2      Consent to receive newsletters and further information

As contractual consideration for the free participation in N-Members, the Member agrees that Novum Management GmbH may use his/her personal data, in addition to the collection, processing and use required for the implementation of the N-Membership in the context of bookings, to send regular information about news, promotions and offers of hotels and boarding houses of the brands "Novum Hotels", "Select Hotels", "the niu", "Yggotel" or "acora Living the City" on the subject of hotels and travel by e-mail, SMS, WhatsApp or other electronic media.

Furthermore, the Member agrees as contractual consideration that his/her personal data may also be used for the targeted placement of advertisements on the websites of the hotels and boarding houses of the brands "Novum Hotels", "Select Hotels", "the niu", "Yggotel" or "acora Living the City" as well as on their social media platforms.

6. Term and Termination

6.1.      Term

The membership with N-Members shall run for an indefinite period of time from receipt of the declaration of acceptance and subject to termination by deletion of the customer account in accordance with this clause 6.

6.2.      Termination by the Member

The Member may terminate its participation in N-Members at any time with immediate effect by clicking on "Delete Profile" in its N-Members profile and confirming the subsequent question "Do you really want to delete your profile?" by clicking on "Delete Profile".

You can also terminate your N-Membership in writing (Novum Management GmbH, An der Alster 63, 20099 Hamburg) or by e-mail to info@novum-hospitality.com, stating your name, address and e-mail address.

6.3.      Termination by the Provider

Novum Management GmbH is entitled to terminate the membership without notice and compensation for good cause. Good cause shall be deemed to exist in particular in the event of a violation by the Member of these General Terms and Conditions, the General Terms and Conditions applicable to the participating hotels, any provision of false information and any inappropriate or criminal behavior (in particular unpleasant, malicious or insulting behavior towards hotel staff or guests). In such a case Novum Management GmbH reserves further rights and measures. In addition, a fundamental discontinuation terminates the program without any claim to further services by Member. 6.4.      Legal consequences of termination

Cancellation of N-Members membership leads to complete withdrawal from N-Members.

7. Liability

NOVUM Hospitality is only liable for damages caused to the participant in connection with the membership at N-Members in case of intent and gross negligence. Any compensation for damages is limited to the amount of the typically foreseeable damage. The above limitation of liability does not apply in case of injury to life, body or health, in case of claims according to the Product Liability Act and as far as the law prohibits such limitations.

8. Amendment of the General Terms and Conditions of Participation ("GTC")

8.1      We may amend our GTC insofar as this is necessary to adapt to developments that were not foreseeable at the time the contract was concluded, that we did not cause or cannot influence and that, if not taken into account, would not insignificantly disrupt the balance of the contract, provided that the essential provisions of the contract (type and scope of the contractually agreed service, contract term and termination rules) are not changed as a result.

8.2      The GTC may also be amended to the extent that this closes loopholes which have arisen after the conclusion of the contract and which cause not inconsiderable difficulties in the performance of the contract. This may be the case, in particular, if the case law on the validity of provisions of these GTC changes, if one or more provisions of these GTC are declared invalid by the case law or if a change in the law leads to the invalidity of one or more provisions of these GTC.

8.3      We will notify you in text form of any changes to the GTC at least six weeks before they are scheduled to take effect. In the event of changes that are not exclusively in your favor, you shall have the right to terminate the contract in text form without observing a notice period as of the date on which the changes take effect. We shall specifically draw your attention to this in the notice of amendment.

8.4      Insofar as participation in N-Members is continued after the entry into force of the changes without objection, this shall mean that the Member agrees to the new conditions of participation. If a Member objects to the change, its participation may be terminated by the User in accordance with section 6.3.

9. Applicable law

All claims arising from the existing contract with us are subject to German law. This shall not apply insofar as this choice of law would result in a consumer being deprived of the protection granted to him by the legal provisions of the state in which the consumer has his habitual residence and from which, according to Article 6 of the Regulation of the European Parliament on the Law Applicable to Contractual Obligations (Rome I), no deviation may be made by agreement.

10. European Online Dispute Resolution Platform / Dispute Resolution in Consumer Matters

According to the EU Regulation No. 524/2013 on online dispute resolution in consumer matters, disputes between consumers and entrepreneurs in connection with online sales contracts or online service contracts are to be resolved via an online platform as of January 9, 2016. This platform will be set up by the European Commission and made accessible via the portal "Your Europe" (http://ec.europa.eu/consumers/odr).

We point out in accordance with § 36 VSBG that we do not participate in dispute resolution proceedings before a consumer arbitration board.

All information and details about N-Members can be found on the websites of our hotel brands (www.novum-hotels.com, www.select-hotels.com, the.niu.de, www.yggotel.com and www.acora.de) and www.n-members.com.

Stand: 24. Februar 2023