GEM Rewards® Membership Terms & Conditions Membership Terms & Conditions effective March 1, 2023

GEM Rewards® (“GEM” or “GR”) is a rewards program owned and operated by enigma IT. (“enigma”, “we” or “us”). The GEM Rewards program allows members to earn points (“GEM Reward Points”) in connection with various transactions, including stays at participating hotels, resorts and other properties (“Participating Hotels”), and redeem GEM Reward Points for rewards including stays at Participating Hotels. Your membership in the GEM Rewards program is subject to these Terms & Conditions. These Terms & Conditions apply each time you earn GEM Reward Points, redeem GEM Reward Points for hotel stays or other rewards, or enjoy benefits or services as a GEM Reward member (“Member” or “GEM”), so please read them carefully. These Terms & Conditions include our Privacy Policy, which describes our collection, use, protection and sharing of the personal information you provide us in connection with your participation in the GEM Rewards program.

By enrolling in the GEM Rewards Program, you agree that: (a) you have read, understood and accepted these Terms and Conditions, including our Privacy Policy; (b) you are eligible for Membership; and (c) you consent to our processing and use of your personal information, and disclosure of such information to third parties, in accordance with our Privacy Policy.

In some cases, when you book a stay at a non-Participating Hotel through GEM Rewards, the booking may be handled by third-party channels we work with.  Your use of the the said third-party channels’ service is subject to additional terms and conditions, which are available at their websites.  By using these third-party channels, you agree to their terms.      

1.   Participating Hotels

The current list of Participating Hotels may be found on the website. Properties may be added to or deleted from this list at any time by us in our sole discretion and without prior notice.  In most cases, you may only earn GEM Reward Points for stays at Participating Hotels.  The only exception is for stays at non-Participating Hotels that are booked through GEM Rewards (via our partnership with third-party channels).  These are referred to as “Qualified Hotels” and include “Other Great Independent Hotels”. You may still earn GEM Reward Points for stays at these properties, although at a reduced rate. See Section 5 below for details on earn rates. You cannot redeem GEM Reward Points at Qualified Hotels.

2.   Membership Eligibility and Enrollment

a. Membership is open to individuals over the age of majority in countries that legally permit participation in hotel rewards programs. Corporations, travel agencies, associations, groups and/or other entities are not eligible to become Members. There is no fee to become a Gem Rewards Member.

b. Members must provide valid mailing and email addresses and create a Member password at the time of enrollment. The email address provided shall serve as your GEM Rewards Member ID. A particular email address can only be used in connection with a single GEM Rewards membership account (“Account”).

c. You will be enrolled in the GEM Rewards program and become a Member from the date we receive your completed enrollment form. Membership in the GEM Rewards Program is strictly personal and may not be lent, assigned, transferred or sold. You cannot have more than one Membership. Memberships can only be used by the Member whose name is listed on the Account. You are responsible for all activity in your Account through the use of your GEM Rewards Member ID and password by another person, whether a member of your family, household, staff or otherwise. As such, you should not give your password to any other person.

d. GEM Rewards Points may not be transferred between different Members’ Accounts.

e. Membership, including the ability to earn and redeem GEM Rewards Points, is subject to all applicable laws and regulations. Membership, Membership benefits and rewards are subject to availability and may be subject to change if prohibited or restricted by applicable law or regulation.

3.   Membership Account

a. An Account will be set up to record each Member’s GEM Rewards Point activity. The accumulation of GEM Reward Points in your Account does not entitle you to any vested rights with respect to such GEM Reward Points or any GEM Reward program rewards or benefits.

b. We reserve the right to monitor all Account activity. If your Account shows signs of fraud, abuse or suspicious activity, you may lose your accrued GEM Reward Points, and, as a result of this activity, we may close or freeze your Account immediately.

c. If your Account does not represent the correct number of GEM Reward Points that you should have been awarded as determined by us, we reserve the right to adjust your GEM Reward Point balance. If you have been awarded (or not awarded) GEM Reward Points in error or if you believe your Account has been the subject of any suspicious activity, please contact us immediately.

4.   Membership Termination

a. You may terminate your GEM Rewards Membership at any time by giving us notice of cancellation through member support.

b. We reserve the right to terminate the GEM Rewards Membership of any Member that we reasonably believe, in our sole discretion, (i) is using the GEM Rewards program in a manner that violates these Terms & Conditions, (ii) has acted in a manner inconsistent with applicable laws, ordinances or regulations, or (iii) has engaged in fraud or abuse concerning GEM Rewards Points or Membership privileges and benefits.

c. In the event that your GEM Rewards Membership is terminated (whether by you or us) your Account will be closed and all GEM Reward Points in the Account will be forfeited.

d. If we terminate your GEM Rewards Membership for any reason, you may not reapply for Membership and any Account opened in your name and GEM Reward Points earned in that Account shall be forfeited upon discovery. If you terminate your Membership, you may reapply for Membership at a later date, but you will not recover any GEM Reward Points forfeited from your prior Membership.

e. If you have conducted any fraudulent activity, we reserve the right to take any necessary legal action. In addition, you may be liable to us for monetary losses, including litigation costs and damages, and you will not be allowed to participate in the Gem Rewards program in the future.     

5.   Earning GEM Reward Points

a. Subject to the restrictions in this Section 5(a), Members earn GEM Reward Points in connection with completed Stays at Participating Hotels booked through Eligible Booking Channels and for which the Member pays an Eligible Rate, provided that (i) the Member was enrolled in the GEM Rewards program prior to the check-in date for such Stay, and (ii) a valid Member ID was provided or otherwise associated with the reservation prior to check-out. A “Stay” means one or more consecutive nights at the same Participating Hotel, regardless of the frequency of check-in/check-out. “Eligible Rate” means most room rates paid for hotel room nights, excluding the following non-eligible room rates: employee rates, friends & family rates, tour operator rates, wholesale rates, crew room rates, certain negotiated corporate, government, and group rates, certain override rates, manager specials, club rates, or rates that are eligible for points through another program, and room rates billed to a master folio or account. Additionally, stays paid for, in whole or in part, by gift card, gift certificate or a third-party voucher (e.g. Groupon) are not eligible, and will not qualify for points, regardless of rate.  Unless otherwise noted on our list of Participating Hotels, an “Eligible Booking Channel” is a booking made through us.

b. For each eligible Stay (“Eligible Stay”) described in subsection (a) above, the Member will be entitled to receive 10 Gem Rewards Points for each US dollar paid toward the Eligible Rate charges on the Member’s individual hotel room bill (“folio”), provided, however, that a Member will not receive GEM Reward points for any portion of a single Eligible Stay in excess of 29 consecutive nights, regardless of whether or not the Member checks out and checks back in during such Stay.  You will also earn GEM Reward Points for Eligible Stays at Qualified Hotels in the same way, except these stays must be booked via gemrewards.co.uk and the earn rates may differ. Members are entitled to receive 10 GEM Reward Point for each US dollar paid on Other Great Independent Hotel bookings via gemrewards.co.uk, unless otherwise noted at the time of booking.

c. GEM Reward Points are not earned in connection with other charges or expenses incurred during your Stay, including but not limited to, taxes, resort fees, food and beverage charges, parking, business center, gift shop purchases, greens fees, phone, Internet and fax charges, dry cleaning & laundry, fitness center and spa, in-room movies and games, tips and gratuities, no-show charges, early departure and cancellation fees. GEM Reward Points will not be awarded in connection with “no show” situations in which a GEM Rewards Member books a Stay at a Participating Hotel but does not check in, regardless of whether the Member is charged a cancellation or no-show fee in connection with such stay.

d. Members may earn GEM Reward Points under subsection (b) above in connection with the Eligible Rate paid for up to two rooms during the same Stay, provided that (i) both rooms are registered in the Member’s name, (ii) the Member stays in one of the rooms, and (iii) the Member personally settles all room charges at check-out. In contrast, group master billing arrangements whereby charges for multiple rooms are placed on a single master folio and billed to a corporate account are not eligible for GEM Reward Points. Similarly, a Member who books a stay for another Member does not qualify for GEM Reward Points for such booking. Only the traveling Member may earn points in connection with such booking.

e. If a particular property ceases to be a Participating Hotel, you will not earn GEM Reward Points in connection with your Stay, even if you made your reservation prior to date on which the property left the GEM Rewards program.

f. From time to time, we may offer opportunities to earn GEM Reward Points for bonuses, promotional incentives, or other purchase opportunities. These offers may be temporary in nature and we reserve the right to modify or discontinue any such offers at any time. Such offers are void where prohibited by law.

6.   Redeeming GEM Reward Points

a. Members can redeem GEM Reward Points for stays at Participating Hotels (but not at Qualified Hotels) and/or other rewards at www.gemrewards.co.uk. Redeemed GEM Reward Points will be deducted from your Account at the time of booking. You will receive an email confirmation of your reward travel booking sent to the email address associated with your Account.

b. The number of GEM Reward Points required to book a stay at a given Participating Hotel may vary based on time, length of stay, season, demand and other factors and are subject to change without notice. The number of GEM Reward Points required to book a room at a Participating Hotel at any given time does not guarantee or imply that the same or a similar room will be available for the same number of GEM Reward Points in the future.

c. Members may change or cancel their reward travel bookings at any time prior to check-in, subject to the cancellation policies of the particular Participating Hotel. Any penalties or fees imposed by the hotel for cancellation within its restricted window (typically, 72 hours prior to check-in) are the responsibility of the GEM Rewards Member and shall be paid in the form of GEM Reward Points. Upon the cancellation of a reward travel booking, the GEM Reward Points which had been deducted from the Member’s Account shall be refunded and credited back to such account (less the GEM Reward Points required to cover the hotel cancellation fee, if any).

d. GEM Reward Points shall not be refunded in the event a GEM Rewards Member does not cancel a rewards travel booking but fails to check-in (i.e., is a “no show”).

e. In the event that the change in reward travel increases the price of the Participating Hotel booking, the GEM Rewards Member’s account will be debited for the additional GEM Reward Points required for the changed booking.

f. In the event that a property ceases to be Participating Hotel after you make your reward travel booking but prior to your stay, we will use reasonable efforts to have the property honor the reservation or arrange equivalent accommodations nearby or, at your option, refund the applicable number of GEM Reward Points to your Account.

7.   Communications

a. By enrolling in the GEM Rewards program, you consent to receiving electronic communications from us, including monthly Account balance statements, other notices regarding your Account and Member surveys. These communications are part of your relationship with us and you receive them as part of your Membership. Your GEM Rewards Point balance and Account activity can also be accessed on your Account summary available online. You will need your Gem Rewards Member ID and password to access this portion of the Gem Rewards program website.

b. We may also send you offers and other promotional communications from time to time, which may include promotions or offers from Participating Hotels, provided that you have not opted out of receiving such emails. These communications may be targeted to you based on the information you have provided to us and additional data we maintain. You may change your preferences regarding receipt of such promotional communications at any time at that “my account” portion of the GEM Rewards program website. Again, you will need your GEM Rewards Member ID and password to access this portion of the GEM Rewards program website.

c. Program communications will be sent to you at the email address (or, in our sole discretion, mailing address) that you provide to us on your enrollment form or otherwise. Communications will be deemed to have been received by you 1 business day after sending to the email address provided (or, in the event we elect to mail such communication, 5 business days after sending to the mailing address provided). You are responsible for keeping your email and mailing addresses current.

d. We maintain a personal preference profile for our GEM Rewards Members containing information they voluntarily provide to us. Such information may be shared with Participating Hotels in accordance with our Privacy Policy when we are aware that you have booked a stay at such Participating Hotels.

e. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

8.   Errors and Retroactive Claims

We will send a periodic GEM Reward Points balance to you as specified above. We may at any time correct the amount of GEM Reward Points shown as credited to you, without notice. If you are not properly credited for GEM Reward Points within 14 days of an eligible Stay transaction, you may claim an adjustment within 365 days of the transaction by sending an email to us explaining your request at member support. The email must include your Gem Rewards Member ID as well as an attached copy of the Participating Hotel bill in question. If we improperly deny a request to credit GEM Reward Points, our liability is limited to the proper posting of GEM Reward Points to your Account.

9.   Limitation of Liability

a. We are not responsible for (i) theft or unauthorized redemption of GEM Reward Points cause by circumstances which are beyond our reasonable control or our agents; (ii) any acts or omissions of any third parties (including any Participating Hotels); and/or (iii) any errors published in connection with the GEM Rewards program, including without limitation, errors relating to Participating Hotels, pricing, GEM Reward Point awards and/or the crediting or debiting of GEM Reward Points from Accounts. We reserve the right to correct any errors without notice. We shall not be liable to any person for any action taken or neglected to be taken with respect to the GEM Rewards program, except for errors in posting GEM Reward Points to Accounts. Your sole remedy in connection with the GEM Rewards program shall be the crediting or re-crediting to your Account of GEM Reward Points in an amount no greater than the number of GEM Reward Points at issue. In no event shall we be responsible or liable for special, consequential, extraordinary or indirect losses or damages, including any lost profits.

b. We make no warranties or representations, expressed or implied, and expressly disclaim all liability with respect to type, quality or fitness of goods or services provided through the GEM Rewards program.

10.   General Terms and Conditions

a. We may change these Terms & Conditions at any time without notice. Such changes may impact your ability to use the GEM Reward Points which are already in your account. Any changes to these Terms & Conditions will be posted on the GEM Rewards website located at www.gemrewards.co.uk and will be effective immediately unless stated otherwise. Each Member is responsible for being aware of the then-current Terms & Conditions and the number of GEM Reward Points in his or her Account.

b. We may terminate the GEM Rewards program and/or any portion thereof upon ninety (90) days prior notice to Members. Members may not earn or redeem Gem Rewards Points after the termination of the Program. Any GEM Reward Points remaining in a Member’s Account as of the date of termination shall be forfeited without any obligation or liability. We may terminate the Gem Rewards program in whole or in part, in any jurisdiction(s) on less than six months’ notice if required to do so by applicable law.

c. GEM Reward Points have no cash value, are not redeemable for cash, and cannot be considered the property of the Member. Upon the death of a Member, unredeemed points in the Member’s account may be transferred to a family member or friend in our sole discretion.

d. Notwithstanding these Terms & Conditions, we may run promotions from time to time that provide enhanced benefits to select Members.

e. All Membership benefits, including the ability to redeem points for stays at Participating Hotels, are subject to availability. Members may not rely upon the continued participation of any Participating Hotel or the continued availability of any particular redemption opportunity.

f. We make no warranties or representations, either expressed or implied, and expressly disclaim all liability (including consequential damages) with respect to type, quality or fitness of goods or services provided through the GEM Rewards program. If a Participating Hotel improperly denies a GEM Rewards Member a benefit, our liability with respect thereto shall be limited to the equivalent value of that benefit as determined by us in our sole discretion.

g. Membership in the GEM Rewards program, and the earning and redeeming of Gem Rewards Points are subject to all applicable local laws and regulations. Membership, including the opportunity to earn and redeem  GEM Reward Points, is offered in good faith but may not be available if prohibited or restricted by applicable law or regulation. In the event that any portion of these Terms & Conditions is held to be unlawful or unenforceable, such portion will be deemed deleted from these Terms & Conditions in the applicable jurisdiction and the remaining provisions will remain in force, subject to subsections (a) and (b) above. All disputes which cannot be resolved between the parties, and causes of action arising out of or connected with the GEM Rewards program, shall be resolved individually, without resort to any form of class action, and shall be subject to Section 9 above.

h. Our waiver of any breach of these Terms & Conditions by you shall not constitute a waiver of any other prior or subsequent breach of this Agreement. Our failure to insist upon strict compliance with these Terms & Conditions by any Member, shall not be deemed a waiver of any rights or remedies that we may have against that or any other Member. If we waive any rights under this Agreement on one occasion, such waiver shall not operate as a waiver as to any other occasion.

i. These Terms & Conditions are governed by and shall be construed in accordance with the laws of the Republic of Ghana without regard for conflict of laws principles.

11.    Questions

If you have any questions about the GEM Rewards program, contact us at member support.

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