FabHotels' Loyalty Program : Terms and Conditions

Terms and Conditions

The terms and conditions given below ("T&C") govern "A-List". A-List refers to FabHotels’ loyalty membership rewards program of Casa2 Stays Private Limited ("FabHotel") intended for the benefit of its individual customers who have enrolled as Members under the Program. Should you require any clarifications regarding the Program you can contact feedback@fabhotels.com.

1. Definitions

"A-List" or "Program" refers to the loyalty membership rewards or benefits program as offered by FabHotels.
"Member" shall mean an individual who has been enrolled as a member for the A-List program.
“User" shall mean an individual who is a customer of FabHotels and wishes to enroll in the A-List program, and has read and agreed to all the terms and conditions as listed in this 'T&C'.
“Tier” Shall mean a category in which a user can be registered depending on the number of bookings or Fab credits in the user account from the time of start of the program, and all the eligible benefits will flow to the respective member in accordance with it.

Tier Eligibility criteria:

Tier	No.of bookings	Fab credits
Blue	1 Booking in the last 12 months	0
Silver	3 Bookings as A-List Blue	5,000 Fab Credits as A-List Blue
Gold	7 Bookings as A-List Silver	7,000 Fab Credits as A-List Silver
Platinum	13 Bookings as A-List Gold	10,000 Fab Credits as A-List Gold

"Credits" means the Fab credits that are added to a Member's account under the Program, that a Member has become eligible for, based on his utilisation of the Services, per the T&C, and which can be redeemed for Benefits, as applicable from time to time.
"Eligible Booking Channels" shall mean a booking made through any of the following channels: (1) fabhotels.com website and mobile site; (2) FabHotels' Android or iOS Apps; (3) FabHotel partnered property’s front desk (applicable on bookings made on Fabhotels’ system); (4) Phone bookings made by individuals by calling the FabHotels’ booking number. FabHotels reserves the right to add or remove any booking channel from the above list without any prior notice.
"Eligible Charges" are the pre-tax charges incurred by a Member to book a room in a Participating Fab Hotel i.e. the room charges, provided the booking has been done from the Eligible Booking Channels. Provided however that Eligible Charges do not include: (a) Room charges that are included in the definition of ineligible rates; (b) Charges for food and beverages (breakfast, food/ beverage at restaurants, room service and mini-bars), telecommunication, laundry, spa and other services; (c) Charges for banquets, conference, meetings, weddings and other similar functions; (d) Use of business centre facilities; (e) Complimentary services; (f) pre tax room charges paid through Fab credits; or (g) Any other charges not included in Eligible Charges. Fabhotels reserves the right to add, modify or remove any eligible charge from the above list without any prior notice.
"Ineligible Charges" are defined as room charges where booking is made by a customer via any Other Booking Channel.
"Other Booking Channels" shall refer to any booking channel excluding the Eligible Booking Channels, including but not limited to online booking channels such as Booking.com, MakemyTrip.com, Agoda.com, Expedia.com, Travelocity.com, Hotels.com, Booking.com, Tripadvisor.com,Travelguru.com, Yatra.com, Cleartrip.com or any other similar travel websites or a third party.
"Benefit" is the benefit and/or service that a Member can avail through exchange of his/her credits.
"Participating FabHotels" refers to the Stay Partners listed as offering Fab credits to the Member for stays under A-List program.
"Qualifying FabHotels" refers to the Stay Partners listed as eligible for redemption of Fab credits by the Members for stays under A-List program.
"Primary Traveller" is an individual whose name appears first in the booking, and if there is more than one room, then the first name appearing in the first room of the booking, per Fabhotels' system records. For example, if there is a single booking in which Mr. A, Mr. B and Mr. C are the guests and two rooms i.e. room number 201 and 101 have been booked such that Mr. A and Mr. B have booked room number 201 and Mr. C has booked room number 101, and Mr. A's name appears first in the booking, then Mr. A shall be considered as the Primary Traveller.
"Services" shall mean the service being provided by FabHotels, of connecting customers Stay Partners through the Website, the App, and various other sales channels, with assured essentials and prompt services.
"Stay Partner" refers to the independent third-party hotel operators or owners who FabHotels partners with, from time to time, who offer budget hotel rooms and such other accommodation on rent.
"Website" means the FabHotels' website, i.e, www.fabhotels.com.
"App" means the mobile application platform of FabHotels, through which FabHotels’ customers can, inter-alia, make bookings.

2. General

In addition to the T&C, the general terms and conditions applicable to all the guests staying at FabHotels' Stay Partners shall also be applicable to Members under the Program.

Membership and benefits of Fab Rewards are offered at the sole discretion of FabHotels, and FabHotels reserves the right to cancel, change or substitute any Benefits or this Program at any time, at its sole discretion without prior notice.
Membership to A-List program is void if prohibited by law in the country of the Member's domicile.
Membership to A-List program entitles members to earn Fab credits, which can be redeemed for Benefits in accordance with these T&C.
A-List program is applicable only at the Participating Fab Hotels and Qualifying Fab Hotels.
FabHotels reserves the right to discontinue membership to A-List program to any Member who appears to be using the Program in a manner inconsistent with the terms and conditions, or intent of the Program, or any portion of the Program, including, but not limited to, Reward redemption. FabHotels also reserves the right to discontinue membership for any Member who acts in a manner inconsistent with applicable law. Discontinued membership may result in the loss of all accumulated credits and the cancellation of all the A-List program, Benefits and privileges.

3. Enrolment and membership

Only individuals may become Members of A-List program. Corporations, partnerships, associations, LLPs or groups of persons cannot enroll to become Members of A-List program.
Members cannot maintain membership in, or earn credits on multiple accounts
Every Primary Traveller shall be uniquely identified using his or her mobile number, which will also be his / her membership number, and every mobile number shall be associated only to a single membership account.
By default, FabHotels shall auto-enroll a User as a Member of A-List program at the time of check-out provided the User has booked through an Eligible Booking Channel and has provided a unique mobile number and has agreed to enrolment in A-List program. An option to opt-out of the Program shall be provided to the User by writing with account details to feedback@fabhotels.com. Alternatively, a User can register for A-List program by signing up on the Website or the App with basic details like name, unique mobile number and email address (collectively, the "Account Information"). Fabhotels reserves the right to suspend or terminate user's Account and his / her access to A-List program if any information provided by the user during the registration process or thereafter proves to be inaccurate, not current or incomplete.
A unique mobile number of the user shall be treated as his or her membership number.
Enrolment onto A-List program must be in the individual's full legal name, and proof of identification will need to be provided on request.
Any change of information of a Member registered under A-List program including any change in mobile number, must be notified by the Member to FabHotels in writing- within 10 days of such change.
A-List program has no predetermined termination date and may continue until FabHotels decides to terminate the Program, at any time, with or without notice to the Members. Accumulation of credits will cease immediately on termination of the Program. However, Members will be given time, as decided by FabHotels, from the date the Program termination is announced, to redeem their credits, in accordance with the Program.
FabHotels reserves the right to add, modify, delete or otherwise change any of the rules, conditions, privileges, benefits, reward or reward levels pertaining to the Program at its sole discretion, with or without notice, even though changes may affect the value of credits or Benefits already accumulated. For instance, FabHotels may increase or decrease the credits required for a Benefits, or limit the number of Participating FabHotels for a particular reward.
FabHotels reserves the right to grant or refuse membership to A-List program.
Credits issued have no monetary value and cannot be bartered or sold by members for cash at any point of time. These credits may only be exchanged for Benefits or offer through A-List program. Any credits, which FabHotels deems to have been transferred, sold or assigned in violation of the program T&C may be confiscated or cancelled.
All interpretations of the T&C shall be at the sole discretion of FabHotels.
Each Member is responsible for remaining knowledgeable about the T&C and the number of credits in his or her account. Fabhotels will take its best efforts to send correspondence to active Members to advise them of matters of interest, including notification of Program changes and credit updates. However, neither FabHotels, its subsidiaries, affiliates or associates or Program management service providers nor the Participating Fab Hotels in the Program will be liable for any failure to do so and will not be responsible for correspondence lost or delayed in the mail.
Accrued credits do not constitute property of the Members. Except as specifically provided herein, no accrued credits are transferable in the event of death, as part of a domestic relations matter or otherwise by operation of law. In the event of death of any Member, A-List program will be suspended with respect to such Member and all accrued credits will stand cancelled.
FabHotels is not responsible, and assumes no liability, for changes or discontinuance of services provided by a Stay Partner, that may affect the Program, Benefits offered, the accrual of credits or devaluation of credits.
The Program and any benefit, offering, or Benefits relating to the Program, shall not be construed as, or constitute a contract, or otherwise establish a contractual relationship between FabHotels and A-List program Members.
Nothing in the A-List program is intended, or shall be construed to create or establish any agency, partnership or joint venture relationship between FabHotels and its Stay Partners.
The information, including the Account Information that the Member provides to FabHotels when completing the application and redeeming credits is processed in FabHotels' internal systems. Communication of relevant information is important to administering A-List program and providing the Member with the opportunity to maximize the benefits of the Membership. The Member acknowledges that FabHotels may disclose Member information to: Fabhotels and its group companies if any; Stay Partners, franchisees, fulfilment houses, email service providers and mail houses that process mail for such entities. In choosing to become a A-List program, the Member consents to receive all the kinds of information described above. However, Member will be given the opportunity to define and modify mailing preferences.
FabHotels may send communication relating to the Benefits or the Program, via SMS or by voice call on the contact number given by the Member at the time of booking. The Member hereby unconditionally consents that such communications via SMS and/ or voice call by FabHotels is (a) upon the request and authorization of the Member, (b) 'transactional' and not an 'unsolicited commercial communication' as per the guidelines of Telecom Regulation Authority of India (TRAI) and (c) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad. The Member will indemnify Fabhotels against all types of losses and damages incurred by Fabhotels due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous complaint raised by the Member on Fabhotels with respect to the intimations mentioned above or due to a wrong number or email id being provided by the Member for any reason whatsoever.

4. Accural of credits

Credits will be awarded on all Eligible Charges only from the date of Member's enrolment into the Program. No retro credits will be given for transactions prior to enrolment.
Members can only earn credits from the Program start date as defined by FabHotels. No credits will be earned for any amounts charged before the start date of the Program. This includes cases where a Member has checked-in a hotel before the Program is launched and checks out after the start date of the Program. For example: if a Member checks in on 01 January 2018, checks out on 20 January 2018 and the start date of the Program is 15 January 2018, then the Member will not be eligible for any credits on such booking. In such cases, The Member will earn credits only for Eligible Charges for bookings made from 25 May 2018 2:00 PM IST onwards.
A Member shall be entitled to receive the credits equivalent to 5% of the pre-tax room tariff amount only after successful completion of a transaction. A transaction shall be considered to have successfully completed once the Member has checked-out and made complete payment of the transaction amount. FabHotels shall add the credits to the member's account only after the Member has checked-out. No credits shall be added at the time of booking creation, check-in or at the time of partial payment.
If the booking is done through corporate booking channel, Travel agent or any other ineligible Booking Channel and the payment mode is 'bill to company', then, no credits will be credited to the Member's account.
Members will earn 10 Fab credits for every INR 200 spent on Eligible Charges in the Participating FabHotel. The credits entitlement and the corresponding Benefit associated with the credits is subject to change at sole discretion of FabHotels with or without prior notice to the Members.
The credits shall only be credited to the Member's account provided the Member is the Primary Traveller who is registered on A- List Program and his or her mobile number is added at the time of booking. In case the mobile number of the Primary Traveller has been changed prior to check-out, then such booking shall not be eligible to any credits. Further, if the Member has booked a room through any Eligible Booking Channel, but is not the Primary Traveller, then no credits shall be awarded to the Member for such booking.
Any fractional credits earned will be rounded down to the nearest integer. For example, if a Member earns 125.40 or 125.60 credits from a transaction, it will be calculated as 125 credits.
In cases where the Member is given a discount after the stay has been completed, the appropriate number of credits based on the discount provided will then be deducted from the member's balance although he or she may have already been communicated the credits status based on the pre-discounted amount.
FabHotels reserves the right to deduct credits from a member's account balance if the credits have been erroneously credited to the account with or without notice to the Member.
No credits will be awarded for complimentary or barter rooms, house guests, free stays and complimentary stays.
If a Member believes he/she has not received credit(s) for Eligible Charges, he/she must submit a written request for such credit(s) to FabHotels, together with the original invoice of the Member's hotel stay. Requests must be received by FabHotels within 7 days of receipt of credits update or 10 days after check-out, whichever is earlier.
This retrospective crediting of credits may be offered to Members only on presentation of original invoices. No crediting will be done where the Member has failed to quote his/her registered mobile number at the time of bill settlement.

5. Expiry of credits

All credits will remain valid till a pre set expiry date. This expiry date will be mentioned with each credit towards the Member's account.

6. Membership benefits

A number of services and benefits available to Members of A-List program are offered solely at the discretion of FabHotels and subject to the member’s tier as per the reward program.
A-List program can be utilized in conjunction with other prevailing offers or discounts on the Website or the App.

7. Rewards and redemption

Credits can be redeemed by a Member against eligible booking made through eligible channel only in a Qualifying Fab Hotel via the Website or the App or the desktop only. If a Member books a room from any Other Booking Channel apart from the eligible booking channel then he or she cannot redeem the credits.
All taxes and applicable incidental expenditures associated with a Member gaining credits under this Program, or on claiming a Benefit will be borne by the Member unless mentioned otherwise.
FabHotels will not meet the cost of any tax, which may be levied on stay Benefits in this Program. This is the sole responsibility of the Member.
Participating Fab Hotels, Qualifying Fab Hotels and Benefits classification may change at any time without notice, at the sole discretion of FabHotels.
If the Member has redeemed the credits against booking a room in a Qualifying Fab Hotel via the Website or the App, but subsequently cancels the booking within the terms of FabHotels' cancellation policy, then the credits redeemed by the Member against such booking shall be forfeited, no credits shall be re-credited to his or her membership account. However, if the Member cancels the booking in violation of the cancellation policy or is a no-show, then the credits so redeemed by the Member against such booking shall be forfeited, no credits shall be re-credited to his or her membership account, and despite any partial refund being processed to the Member's account, the credits shall, in no case, be re-credited back to the Member.
Benefits cannot be exchanged for cash, credits or any other form of goods or services except as indicated in the indicated redemption voucher.
Blackout dates may be applicable for room stay redemptions under the Program. If a room is available at any Qualifying Fab Hotel across any room category, credits can be redeemed for a stay at the particular room category. Provided that Fabhotels reserves the right to alter this anytime at its sole discretion.
Reward credits cannot be utilised for taxes, paying booking related taxes/ walk-in/ Phone/ corporate/ travel agent/OTA/ other offline channel bookings.
A member while making a booking through any direct source (mWeb, desktop, and app) shall be allowed to use a 15% of total available Fab credits from his account. This shall be only applicable on room tariffs.

8. Modification of the Terms of Use

FabHotels reserves the right, in its sole discretion, to change, modify, or otherwise amend these Terms of Use, and any other documents incorporated by reference herein, at any time. If at any time the user finds these Terms of Use unacceptable or if the user does not agree to these Terms of Use, the user should kindly not use or continue to use A-List program. FabHotels may revise these Terms of Use at any time without notice to the user and the member. It is the user's and member's responsibility to review these Terms of Use periodically.

9. Representations and Warranties

The user acknowledges that he / she is solely responsible for maintaining the confidentiality of the Account Information that he / she has provided to FabHotels. The data so provided can be stored on servers located outside India. The Member agrees to immediately notify FabHotels of any unauthorized use of his / her account by a third party and the Member acknowledges that FabHotels will not be liable for any direct or indirect damage caused to the user because of such unauthorized use of Account Information by a third party. Lawfully such data can be used for internal analysis of the company.
The Member agrees that he / she shall be providing sensitive and personal information including but not limited to Account Information (collectively "SPI") which falls within the ambit of the Information Technology (Reasonable Security practices and procedures and sensitive personal data or information) Rules, 2011. The Member consents to receiving communications from Fab on a periodic basis vide this SPI transmitted by the Member to FabHotels. FabHotels agrees to take all necessary steps to secure and maintain the confidentiality of the SPI that the Member has transmitted in consonance with the Information Technology (Reasonable Security practices and procedures and sensitive personal data or information) Rules, 2011. However, the user acknowledges that FabHotels will not be liable for any disclosure of user's SPI because of an error in transmission or unauthorized actions of third parties.
By enrolling in A-List program, the Member further represents and warrants that:
1. He / She is 18 years of age or older and that the reward and benefits drawn by the Member from A-List program shall not violate any applicable law or regulation.
2. All registration information that the Member submits is truthful and accurate, and the Member agrees to maintain the accuracy of such information.
Member's use of A-List program shall be subjected to the following restrictions:
- The Member should not decompile, reverse engineer, or disassemble the content of A-List program.
- The Member should not remove any copyright, trademark registration, or other proprietary material from A-List program.
- The Member should not use A-List program in any way that is unlawful, or harms FabHotels or any other person or entity, as determined by FabHotels at its sole discretion.
- The Member should not engage in any form of antisocial, disrupting, or destructive acts, including "flaming,""spamming,""flooding,""trolling," and "phishing" as those terms are commonly understood and used on the Internet.
- All information, content and material contained in A-List program are FabHotels' intellectual property. All trademarks, services marks, trade names, and trade dress are proprietary to FabHotels. No information, content or material from A-List program may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without FabHotels' express written permission.

10. Disclaimer of Warranty

FabHotels provides access to A-List program on an "as is" basis and hereby disclaims all warranties, express, implied or statutory, including, without limitation, any implied warranty of fitness for a particular purpose, merchantability, non-infringement or title.

11. Indemnification

The Member agrees to indemnify and hold harmless FabHotels, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives ("Indemnified Parties") from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of Services, violation of these T&C, or infringement, of any intellectual property or other right of any person or entity. FabHotels will notify you promptly of any such claim, loss, liability, or demand made by a third party on any of the Indemnified Parties, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

12. Limitation of Liability

In no event, shall FabHotels, or any of its directors, officers, employees, agents or content or service providers (collectively, the "Protected Entities") be liable to any Member for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the A-List program or the content, materials and functions related thereto.
In no event shall the total aggregate liability of the Protected Entities to a user for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from these Terms of Use or a user's use of the A-List program exceed the balance credits lying in that user's account.

13. Intellectual Property

All information, content and material contained in A-List program including but not limited to trademarks, copyrights, patents and designs and all other forms of proprietary and non-proprietary information provided by you or FabHotels in facilitating the services is the sole intellectual property of FabHotels. All trademarks, services marks, trade names, and trade dress are proprietary to FabHotels. No information, content or material from the Program may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without FabHotels' express written permission.
The Member provides a royalty-free, perpetual, irrevocable, non exclusive right and license for FabHotels to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on such content without additional approval or consideration in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and the Member waives any claim to the contrary over all feedback, comments, ideas or suggestions or any other content provided by him / her to FabHotels by way of this A-List program.

14. Severability

Each paragraph, clause, sub-clause and provision of these Terms of Use shall be severable from each other and if for any reason, any paragraph, clause, sub-clause or provision is invalid or unenforceable, such invalidity or enforceability shall not prejudice or in any way affect the validity or enforceability of any other paragraph, clause, sub-clause or provision, which shall be read and construed so as to give thereto, the full effect thereof, subject only to any contrary provision of the law to the effect that where this provision of these Terms of Use or any paragraph, clause, sub-clause or provision hereof would be but for the provisions of this paragraph read and construed as being void or ineffective it shall nevertheless be a valid term and condition, paragraph, clause, sub-clause or provision, as the case may be, to the full extent to which it is not contrary to any provision of the law.

15. Governing Law and Dispute Resolution

These T&C are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any action, suit or other legal proceeding, which is commenced to resolve any matter arising under or relating to these T&C, shall be subject to the exclusive jurisdiction of the courts at New Delhi.

16. Waiver

Any failure of FabHotels to exercise or enforce any right or provision of these T&C shall not operate as a waiver of such right or provision.

17. Grievance Redressal

If the Member believes that his / her rights have been violated or has any other grievance due to use of A-List program, the Member can contact the Grievance Officer to redress the same at feedback@fabhotels.com