With effect from 1 October 2021, THE FLAG Member Programme will be offered as a loyalty programme by THE FLAG Holding GmbH and its affiliated companies.
The loyalty programme is operated under the terms and conditions set out below (“Programme Terms and Conditions”), unless expressly stated otherwise. The Programme Terms and Conditions govern the Company’s relationship with participants in the loyalty programme (collectively referred to as “Loyalty Programme Members”, “Members” and individually as “Loyalty Programme Member”, “Member” or “you”), including how Members manage their Membership Accounts, make reservations, accumulate and redeem Loyalty Programme Points (“Points”), both at Participating Hotels and through programmes offered by third parties that maintain a business relationship with the Loyalty Programme.
By opening a Loyalty Programme membership account (“Account” or “Membership Account”) and accepting Loyalty Programme membership services, you agree to be bound by the Programme Terms and Conditions and the application of the associated membership advantages, policies and rules regarding points as may be made available to you from time to time.
These Programme Terms and Conditions replace all previous terms and conditions relating to the Loyalty Programme and membership of the Loyalty Programme between you and the Company and form the sole basis for participation in the Loyalty Programme. The members of the Loyalty Programme themselves are responsible for ensuring that they familiar with the Programme Terms and Conditions and any amendments thereto.
1 JOINING THE LOYALTY PROGRAMME
1.1 Eligibility to participate.
Participation in the Loyalty Programme is free of charge and open to any person who
(a) is 18 years of age or older and has the legal authority to agree to the Programme Terms and Conditions in accordance with the laws of the country in which he or she resides;
(b) resides in a country where participation in the Loyalty Programme is legally permitted;
(c) does not reside in territories and jurisdictions subject to comprehensive sanctions by the Office of Foreign Assets Control of the US Department of the Treasury;
(d) provides complete and accurate personal information when registering for the Loyalty Programme;
(e) is not already a member of the Loyalty Programme (i.e. does not already have a Membership Account); and
(f) whose membership in the Company’s Loyalty Programme or similar loyalty programmes has not been terminated by way of cancellation by the Company.
1.1.2 Members shall ensure that they read and understand the Loyalty Programme Terms and Conditions, Membership Account statements and other communications from the Company regarding the Loyalty Programme in order to understand their rights, obligations and status under the Loyalty Programme. If a Member has any questions concerning the Loyalty Programme or these Programme Terms and Conditions, they should contact one of the Participating Hotels or Serviced Apartment Buildings.
1.2 Participating Hotels // THE FLAG Member Channels
1.2.1 The “Participating Hotels” are: THE FLAG Service Frankfurt GmbH (THE FLAG West M., THE FLAG Oskar M.), THE FLAG Service München GmbH (THE FLAG München M., THE FLAG Meiller Gärten) in addition to Rudolf Muhr Swiss Holding AG, Switzerland (THE FLAG Zurich). At the Company’s discretion, the Participating Hotels may be extended to include additional THE FLAG Holding Group hotels in the future.
1.2.2 “THE FLAG Member Channels” include THE FLAG Member communications channels, in particular, the official THE FLAG website (the-flag.de, “Website”), the reservation departments of the Participating Hotels.
1.3 Membership status levels
Membership of the Loyalty Programme is divided in ascending order into “Member”, “Basic M.”, “Epic M.”, “Iconic M.”. Basic M., Epic M. and Iconic M. memberships are collectively referred to as “Membership in higher status levels”.
1.4 General membership advantages
Members of all status levels of the Loyalty Programme benefit from a number of advantages (“General Membership Advantages”). These General Membership Advantages are provided at the discretion of the Company and may be subject to availability at Participating Hotels.
The Advantages associated with a Membership in higher status levels are outlined in section 4 below.
1.4.1 Membership communications. Loyalty Programme Members have access to the telephone number of the Participating Hotel via the Website, where they can make reservations and Reward bookings.
1.4.2 Private sale. Members of all status levels will have the opportunity to benefit from special offers and campaigns prior to the general public.
1.4.3 Exclusive promotions. Members of all status levels benefit from exclusive reservation offers at the Participating Hotels.
1.4.4 Access to co-working areas. Members of all status levels are entitled to use co-working areas, if available, in the Participating Hotels.
1.5 Terms and Conditions for registration
1.5.1 Completing an application form. Members may apply to join the Loyalty Programme by filling out an application fully and correctly via the Website or any other enrolment channel provided or recognised by the Company and by providing a valid e-mail address for verification purposes. The Company may, at its sole discretion and without giving reasons, refuse to allow any Applicant to participate in the Loyalty Programme.
1.5.2 Personal membership. Only individual natural persons are eligible to participate in the Loyalty Programme and each person may only maintain one Membership Account. Companies, groups and/or associations may not register to participate in the Loyalty Programme. All Loyalty Programme Membership Accounts are personal accounts, shared accounts are not permitted. The Advantages of the Loyalty Programme are not transferable, unless otherwise expressly regulated.
1.5.3 Assignment of a Membership Account. The Company creates a Membership Account for each Member and assigns a membership number (“Membership Number”) to each Member. Upon receipt of this Membership Number, the Member can accumulate points at Participating Hotels. Further details are set out in sections 1.7 and 2 below.
1.5.4 Double accounts. Members may not have more than one account under the Loyalty Programme at any one time. If a Member is assigned more than one Membership Number for the Loyalty Programme, they will receive points for one Membership Account only. Duplicate Membership Accounts may be deleted by the Company.
1.5.5 Personal profile. The information provided by a Member when registering for the Loyalty Programme or during membership is stored in a personal preferences profile within the Membership Account. All information provided by a Member in their personal profile must be valid and correct; Members are responsible for keeping the data in their personal profile up to date.
i. Members may update their mobile phone number, e-mail address or postal address by changing these details in their personal profile on the Loyalty Programme website. For certain changes, corresponding documentation may be required.
1.5.6 Use of the information entered in the application. The data and information provided by Members to the Company when completing the Loyalty Programme application form and when redeeming Points are processed in accordance with THE FLAG Data Protection Policy
1.6 Membership notifications
1.6.1 The forwarding of relevant information is important to manage the Loyalty Programme and to enable each Member to maximise the Advantages of their Membership. Members receive notifications about the Loyalty Programme in accordance with relevant legal provisions.
1.6.2 Notifications concerning the Loyalty Programme will be sent to Members through various channels, e.g. by post or e-mail to the address(-es) entered in the Membership Account at the relevant time. Notifications sent to the (e-mail) address provided shall be deemed to have been received one (1) working day after dispatch if sent to the Member's e-mail address, or five (5) working days after dispatch if sent to the postal address provided. Members must keep their e-mail and postal addresses up to date. Neither the Company nor the Loyalty Programme shall be held responsible for any misdirected or lost e-mail or post or for any consequences that arise as a result.
1.6.3 Members receive an e-mail after every transaction, when Points have either been accumulated or redeemed. Members can view their current Points balance on THE FLAG website (the-flag.de) at any time.
1.6.4 Subject to compliance with the relevant legal requirements under applicable law, the Company may also, from time to time, send Members promotions, offers and other communications which may include, but are not limited to, services provided by third parties. Offers of services by third parties are based on the information provided by the Member to the Company and any additional data that the Company is permitted to retain. Members may update their personal data and communication preferences at any time on their personal profile on the Loyalty Programme website or by contacting one of the Participating Hotels; however, as stated in section 1.5.5 (i), the Company may require a Member to submit appropriate documentation prior to implementing certain updates (e.g. change of name).
1.6.5 Members may set and update e-mail and other communication preferences via the channels stated in the relevant e-mails or communications, in the account profile on the Loyalty Programme website, or by contacting one of the Participating Hotels.
1.6.6 Members can view their points balance and their Membership Account activity and update their personal details and preferences in the account profile on the Loyalty Programme website.
1.7 Accumulating Points.
Members may accumulate points (the currency of the Loyalty Programme) for creditable transactions at a Participating Hotel in accordance with section 2.
1.7.1 Points governed by Programme Terms and Conditions. As set out in section 1.1.2, the accumulation of Points is governed by the Programme Terms and Conditions. Each Member of the Loyalty Programme is responsible for reading the Programme Terms and Conditions, notifications from the Company regarding the Loyalty Programme and statements relating to their Member Account in order to be familiar with their rights, obligations and status in the Loyalty Programme as well as how Rewards are earned and redeemed.
1.7.2 Taxes. Points, Rewards and other Advantages earned by Members by participating in the Loyalty Programme may be subject to taxation. Compliance with any taxation obligations resulting from the Loyalty Programme for Members due to the receipt or redemption of Points, Rewards and Advantages, including the obligation to declare/disclose such Advantages, shall be the Members’ sole responsibility.
1.7.3 Prohibition on transferring Points. Points accumulated by Members of the Loyalty Programme are for the benefit of the Member only and may not be transferred, sold, exchanged, rented, lent or offered for auction. Any Points deemed by the Loyalty Programme to have been transferred in breach of the Programme Terms and Conditions may be withdrawn.
1.7.4 Provisions regarding expired Points. Points are valid for a period of 24 months from the date they are credited to a Membership Account. The Points expire automatically after a period of 24 months and become invalid if they are not redeemed within the period of validity.
1.7.5 Expired or cancelled Points. Points cannot be credited again once they have expired or have been cancelled; the Member’s ability to accumulate new Points remains, unless the Membership Account has been deactivated.
1.8 Terminating a Membership
1.8.1 Conditions for terminating a Membership
i. Termination by the Member. Members may terminate their Membership in the Loyalty Programme at any time by sending a written notice of termination to any of the Participating Hotels. Any unredeemed Points, Rewards or Membership status reached lose their validity six months after the termination has become effective and cannot be reactivated or transferred.
ii. Termination by the Company. The Company may terminate a Membership without giving reasons by observing a notice period of four weeks (ordinary termination). However, an ordinary termination (i.e. a termination without giving reasons) of a Membership in higher status levels by the Company is possible at the earliest when the Member’s existing status level ends. In the case of an ordinary termination of a Membership by the Company, any unredeemed Points, Rewards, Bonuses and the Membership status reached lose their validity six months after the termination has become effective and cannot be reactivated or transferred.
Irrespective of a Member’s status level, the Company may terminate a Membership with immediate effect at any time for good cause; good cause shall be deemed to exist in particular, inter alia, if
a) the Member, despite a payment reminder, has failed to pay an invoice amount due for services provided by a Participating Hotel;
b) the Member has behaved in an inappropriate, fraudulent, abusive or otherwise hostile manner towards employees, customers or partners of the Company or the Participating Hotels;
c) the Member has been found to have breached these Programme Terms and Conditions through their own fault; or
d) the Member has fraudulently claimed entitlement to accumulate or redeem Points or to benefit from Advantages.
iii. Legal steps. The Company's rights of recourse against Members shall remain unaffected and shall not be limited by these Programme Terms and Conditions.
1.8.2 Consequences of the termination of a Membership
i. In the event of termination of the Membership of the Loyalty Programme by the Company for good cause in accordance with section 1.8.1 (ii), all of the Member’s unredeemed Points shall cease to be valid without compensation and the Member in question shall no longer be eligible to participate in the Loyalty Programme.
ii. Where the Company terminates a Membership, the person concerned may not re-apply or register for participation in the Loyalty Programme. Any Membership Account opened in breach of the above provision will be closed and the Points and Rewards accumulated on that Account will cease to be valid without compensation and with retroactive effect.
iii. If a Member cancels their Membership in the Loyalty Programme, they may re-apply for Membership in the Loyalty Programme at a later date; however, Points and Rewards that have previously expired or become invalid will not be re-credited to the (new) Member's account
iv. Each Membership status shall terminate upon the effective date of termination of a Membership.
1.8.3 Amendment of the Programme.
Unless otherwise expressly prohibited or limited by applicable law and subject to the provisions of section 6, the Company shall have the right to amend, limit, modify or cancel the Rewards at any time, even though such amendments may affect the value of the Points or the ability to qualify for certain Rewards, provided that doing so is not in bad faith or does not unreasonably discriminate against the Members. The Company may, among other things,
i. increase or decrease the number of Points to be credited for a stay or required for a Reward;
ii. withdraw, limit, modify or cancel a Reward;
iii. limit the availability of rooms for a Reward at a Participating Hotel or otherwise limit the availability of Rewards; and
iv. change Programme advantages, Loyalty Programme partners, services offered by the Company or its partners, Programme Terms and Conditions, rules for accumulating, redeeming, forfeiting or losing the validity of Points, or the rules on how to use Rewards. Members may not assume that a Reward or Reward Category will continue to be available. Any amendments or additions to the Rewards will be posted on the Website.
1.8.4 Availability and amendment of Advantages. All advantages, privileges, offers, rewards and services under the Loyalty Programme are subject to availability and may be amended at any time without notice, unless expressly stipulated otherwise.
1.8.5 Entitlement to receipt of services. Each Member is responsible for verifying that they are eligible to receive such advantages, privileges, offers, rewards or services under the Loyalty Programme (including but not limited to Points and Rewards) in accordance with applicable laws and any policies relevant to the Member for the receipt of benefits and gratuities. The Company does not carry out such verification.
1.8.6 Prohibition on sale and transfer. Points, Rewards and other Membership benefits may not be sold, exchanged, rented, leased or offered for auction or otherwise transferred (except by the Company and its agents). Any attempt to transfer, sell, exchange, rent, lease or auction is prohibited and the corresponding Points, Rewards and Advantages of Membership will be confiscated by the Company. The Company and its cooperation partners with regard to the Loyalty Programme may refuse to recognise any Points, Rewards or Membership Advantages which the Company has reason to believe have been transferred, sold or exchanged without authorisation.
1.8.7 Rewards. The above provisions notwithstanding, Rewards may only be given or transferred to a third party for their own use if the Member has a personal relationship with the third party, e.g. family member, friend and acquaintance; however, the transferred Rewards may not be exchanged for other Rewards or cash.
2 ACCUMULATION OF POINTS
2.1 Accumulating Points at Participating Hotels
2.1.1 A Member will receive ten (10) Points in the Member, Basic and Epic levels and twenty (20) Points in the Iconic level, for each Euro or equivalent currency amount paid on eligible sales by the Member pursuant to Section 2.1.2.
2.1.2 “Creditable Sales” means revenues generated during the Member's stay at a Participating Hotel on the invoice for the applicable hotel room, including but not limited to revenues for;.
i. Eligible rates for Eligible Nights and
ii. Food and beverages (excluding alcoholic beverages, insofar as serving alcoholic beverages in the relevant hotel is legally prohibited), however, with the exception of sales in bars and restaurants that are not managed or run by the Participating Hotel (excluding Elaine’s, THE FLAG West M.); if the sales in the bars and restaurants of the Participating Hotels are generated independently of an overnight stay, the Creditable Sale is limited to 1,000 euros per Member for each restaurant or bar invoice.
iii. Parking spaces belonging to the Hotel.
Members must provide their Membership Number in order for Points generated by Creditable Sales to be accrued to their Account balance.
2.1.3 Non-Creditable Sales. Loyalty Programme Points are not accumulated from sales based on free services, Rewards bookings or other fees/compensation or costs and expenses, including, inter alia, (A) payments for banquets, meetings or other events; (B) other costs and fees e.g. other third-party services; and (C) hotel room-related taxes and service charges (unless such taxes and service charges are included in the room rate), tips, charges (e.g. charges for late cancellation or failure to utilise a service without cancellation), mandatory charges (e.g. resort fees), and other incurred fees.
2.1.4 Eligible Night. An “Eligible Night” is a night that a Member books, spends in a Participating Hotel and pays for themselves and for which the room
i. is invoiced to the Member themselves or
ii. directly to a third party that has submitted a statement of assumption of costs for the Member’s stay, provided the Member’s stay is not within the scope of a convention or other group booking. Consequently, the following conditions must be met in order for an “Eligible Night” to qualify for the Loyalty Programme:
iii. An overnight stay in a Participating Hotel by a Member that has (A) given their Membership Number when making the reservation or at check-in; (B) pays an eligible rate or redeems an Overnight Stay Reward; and (C) stays in the hotel room they have reserved themselves. Members may only accumulate Points during an Eligible Night for sales from up to three (3) hotel rooms provided they stay overnight in one of the three reserved hotel rooms, pay an eligible rate or redeem an Overnight Stay Reward or promotion for all hotel rooms.
iv. Members cannot accumulate Points and/or receive benefits at more than one Participating Hotel for the same stay date.
v. Only one Member per room can accumulate Points and receive Rewards. If more than one Member is staying in the same hotel room at the same time, Members must decide at check-in which Member’s Account will be credited for the Points for the sales generated by the room; this must be the same Member who pays the invoice.
2.1.5 Eligible rates. An “Eligible Rate” is the rate that a Member pays for a room at a Participating Hotel, and which entitles the Member to accumulate Points. Unless specifically stated otherwise, Members receive the advantages applicable for their status level for stays at Eligible Rates.
Rates booked in the following ways, do not qualify as Eligible Rates:
i. The room has been booked through a travel agency, online travel platform or other third-party channel, however, specifically agreed corporate rates booked through such channels will be deemed to be Eligible Rates; or
ii. The room was booked at a group rate as part of an event, meeting, conference or group tour; or
iii. The room was booked at a staff rate, at special rates for travel industry personnel (e.g. tour operators, wholesalers, travel agents, shipping companies, airlines) or at a crew room rate or as part of a package tour; or
iv. The room was free of charge; or
v. A voucher (also from a third party) was redeemed.
2.1.6. If a Participating Hotel withdraws from the Loyalty Programme, Points can no longer be accumulated for stays and sales generated at the Hotel in question as of the date the Hotel withdraws from the Programme irrespective of when the reservation is made.
2.2 Accumulating Creditable Sales and Eligible Nights in person
Only the Member themselves can accumulate Points for Creditable Sales for their own Member Account. Points for a room in which more than one Member of the Loyalty Programme stay overnight at the same time will only be accrued to one Member of the Loyalty Programme.
2.3 Foreign currency
In Participating Hotels where a currency other than the euro is used, the Points accumulated by the Member will be calculated on the basis of Creditable Sales, the amount of which will be converted into euro by the Company at the exchange rate prevailing at the time the data are processed.
3 REDEEMING POINTS
3.1 Redeeming Points for Rewards
Members can redeem the Points they have accumulated in order to avail of certain Rewards (“Reward”); Rewards include, inter alia, overnight stays in Participating Hotels as well as other goods and services. A full overview of the Rewards currently on offer can be found on the Loyalty Programme website under “Rewards”.
The redemption of the reward takes place in two steps: First, the member requests the reward by selecting the desired reward on the website and starting the redemption process. After this request, the redemption is checked and reconfirmed by our team. Only after this reconfirmation, the reward will be credited to the member or the corresponding steps for redemption will be initiated.
3.1.1 Points and Rewards cannot be exchanged or redeemed for cash or cash equivalents.
3.1.2 Rewards apply to individual travel only and do not apply to group travel, package tours, conventions or other special rates and/or package programmes, food and beverage credits, incidental expenses or service charges.
3.2 Rooms in Participating Hotels
Unless otherwise provided for in individual cases, Members may redeem their Points for overnight stays in standard single or standard double rooms at Participating Hotels (“Overnight Stay Reward”). Redeeming Points for an Overnight Stay Reward is subject to the availability of the relevant rooms at the Participating Hotel at the time of reservation and must be booked in advance. Overnight Stay Rewards cannot be redeemed for existing reservations.
3.2.1 Overnight Stay Reward reservations are subject to the relevant Participating Hotel’s cancellation policy, including, but not limited to, a required minimum length of stay, credit card guarantee and any fees for late cancellation, failure to use the service without cancellation or early departure.
i. If the Member ends their stay before the booked Overnight Stay Rewards expire, the respective Points for the unclaimed Overnight Stay Rewards will be reimbursed to the Member’s Account provided the Member informs the front desk staff at the Participating Hotel in advance of the time of the early departure.
ii. If a Member does not cancel a guaranteed reservation for an Overnight Stay Reward within the relevant cancellation period, the corresponding Overnight Stay Reward voucher will be rendered invalid.
3.2.2 The number of points required for an Overnight Stay Reward varies depending on the category of the Participating Hotel and the types of rooms available at the Participating Hotel, as well as the length and date of the overnight stay. An overview of the categories of the Participating Hotels can be found on the Loyalty Programme website. The Company may revise the category of a Participating Hotel under the Loyalty Programme at any time.
3.2.3 When redeeming Points for an Overnight Stay Reward, the Reward covers the cost of a standard single or standard double room at a Participating Hotel, plus taxes and service charges, where applicable. All other fees, including incidental costs, municipal charges and taxes (such as cultural subsidies, bed tax, etc.) and visitor’s tax, shall be paid separately by the Member and are not included in the Overnight Stay Reward.
i. The size, location and fittings of the standard rooms vary across the Participating Hotels. Superior category rooms, including upgrades and/or suites may be available at a higher Points rate.
ii. When booking Overnight Stay Rewards, Members may indicate their preferences for the type of room (e.g. double bed or twin beds), but these cannot be guaranteed.
3.2.4 Members do not accumulate Points for the part of their stay at a Participating Hotel that constitutes an Overnight Stay Reward.
3.2.5 Members can redeem Points for up to a total of nine (9) rooms on the same dates at the same Participating Hotel. In this context, the Member undertakes to reserve Overnight Stay Rewards exclusively for themselves and their guests and companions and not for any other purpose, such as resale, unauthorised assignment or transfer or publication on third-party websites or making speculative, false or fraudulent reservations. The Company reserves the right to cancel any Overnight Stay Reward bookings that it deems to be in breach of the Programme Terms and Conditions.
3.2.6 If a Participating Hotel withdraws from the Loyalty Programme for any reason after a Member has reserved an Overnight Stay Reward at that Hotel, but prior to their arrival, the Company will make reasonable efforts to ensure that the Hotel concerned honours the booking or assists in arranging equivalent accommodation nearby; however, in such cases, the Company cannot guarantee that Rewards, upgrades or other Advantages to which a Member is entitled under the Loyalty Programme are actually granted at the Hotel concerned. Members may return the Reward if they are unable to avail of their Overnight Stay Reward for this reason. The Points redeemed for the Overnight Stay Reward will be refunded to the Member's Account.
4 MEMBERSHIP IN HIGHER STATUS LEVELS
4.1 Requirements for advancing to the next status level and for remaining in a higher status level
4.1.1 Advancing to the next status level. To advance to the next status level, Members must meet the criteria defined in Table 1 below within the same membership cycle. The Points for each status level are valid for two years as of the date they are credited to the Membership Account. The credit date is the departure date of each stay.
A status check is performed on 1 January every two years. This process checks the validity of the Points for each status and the status level associated with them. All stays with a departure date up to 31 December are included in the status.
Promotion to the next status level is possible at any time as soon as the Member has met the necessary criteria to do so. The higher status level is valid for two years; a check is carried out on 1 January to verify if the Member continues to meet the necessary requirements for remaining in the Membership level. If the criteria for maintaining the status level are not met, the Member shall be downgraded to the next lowest level, the criteria for which they met during the previous Membership cycle.
Table 1: Requirements for advancing to the next highest status level and for remaining in each status level
| Status level | Member | Basic M. | Epic M. | Iconic M. |
| Requirements for advancing to the next highest status level and for remaining in each status level during a Membership cycle. | Registration for the Programme | EUR 500 Creditable Sales | EUR 5,000 Creditable Sales | EUR 10,000 Creditable Sales |
4.2 Advantages for Members of higher status levels
Members with a higher status level also receive the additional advantages listed in Table 2, which are set out in more detail in section 4.2.
Table 2: Advantages for Members of higher status levels
| Status level | Member | Basic M. | Epic M. | Iconic M. |
| Points for bookings via official THE FLAG booking channels, the official website or hotels Stays 1 – 29 nights | EUR 1 = 10 Points | EUR 1 = 10 Points | EUR 1 = 10 Points | EUR 1 = 20 Points |
| Bonus Points for bookings via official THE FLAG booking channels, the official website or hotels Stays 30+ nights | EUR 1 = 5 Points | EUR 1 = 5 Points | EUR 1 = 5 Points | EUR 1 = 10 Points |
| Extra points: newsletter, birthday etc. | 250 Points | 250 Points | 250 Points | 250 Points |
| Additional Points when the next highest level has been reached | - | 500 Points | 500 Points | 500 Points |
| Reduction in room rates* | 5 percent | 10 percent | 15 percent | 20 percent |
| Room upgrade*/** | - | - | ✓ | ✓ |
| Earlier check-in** | - | - | - | 9 a.m. |
| Later check-out** | - | - | 1 p.m. | 5 p.m. |
| Free cancellation before arrival* | - | - | 6 p.m. on the day of arrival | 6 p.m. on the day of arrival |
| Room guarantee*/** | - | - | 48 hours before departure | 24 hours before departure |
| Welcome gift on arrival | - | - | Bottle of rose wine | individually |
| Breakfast included* | - | - | - | ✓ |
| 1 x overnight voucher per year for 2 persons | - | - | - | ✓ |
| THE FLAG surprise** | - | - | - | ✓ |
*not for contiguous reservations of 30 nights and more
** according to availability
*** once when reaching the level
4.2.1 Terms and Conditions for the advantages in the above table:
- Points: when a Member books rooms in Participating Hotels via THE FLAG booking channels such as the Website or directly at the Participating Hotels, they accumulate Points for every 1 euro of sales. The table above shows a multiplication factor for the Points for each level and length of stay at the Hotel.
- Room rate discount: Members receive a percentage discount on all room rates, depending on their level. Values marked with “*” (asterisk) are excluded for stays of 30+ nights.
- Room upgrade: Members receive a complimentary upgrade to the next best room category available at Participating Hotels at check-in for a maximum stay of 29 days, subject to room availability. If the next best category is not available, the upgrade should be in the category booked (e.g. higher floor, better location/view etc.). The upgrade is valid only for Eligible Nights or Overnight Stay Rewards and is excluded for stays of 30+ nights.
- Earlier check-in: this service depends on availability in the Participating Hotel upon arrival; times may also vary depending on Hotel and occupancy. In addition, the service applies to Eligible Nights or Overnight Stay Rewards only.
- Later check-out: this service depends on availability at the Participating Hotel on the day of departure. Members may check out of the Participating Hotels up to the time indicated in the table; times may vary depending on Hotel and occupancy. In addition, the service applies to Eligible Nights or Overnight Stay Rewards only.
- Room guarantee: room reservations at Participating Hotels are guaranteed provided they are made 48 hours prior to scheduled arrival for the Epic M. level or 24 hours for the Iconic M. level. However, the room guarantee service cannot be applied to bookings made via third parties or to reservations for Overnight Stay Rewards and may not be available on certain limited dates (e.g. fairs and exhibitions, events, etc.). The room guarantee service cannot used in combination with the redemption of Rewards or with any type of promotional or discount rates.
- Accommodation voucher for THE FLAG Iconic Member: Every member who advances to the Iconic level will receive an accommodation voucher for 2 persons for an overnight stay in a participating hotel incl. breakfast, valid for one year, directly after the promotion and at the beginning of the calendar year. The voucher is valid for a standard room on request and subject to availability.
5 No Guarantee for Certain Services; Liability Limitations
5.1 The Company does not make any guarantee or warranty regarding the uninterrupted availability of certain Rewards or Advantages or the uninterrupted availability of THE FLAG booking channels.
5.2 The Company’s liability is limited as follows:
5.2.1 The Company’s liability is limited to (i) the loss of life, physical injury or loss of health resulting from intent or gross negligence on the part of the Company or its vicarious agents; (ii) in the case of losses resulting from intent or gross negligence on the part of the Company or its vicarious agents; and in cases (iii) where liability cannot be excluded under mandatory law.
5.2.2 Liability for breach of material contractual obligations (i.e. the Company’s material obligations with regard to the Loyalty Programme which the Member relies upon when accepting the Programme Terms and Conditions) due to ordinary negligence on the part of the Company or its vicarious agents shall be limited to losses typically foreseeable under the Programme Terms and Conditions.
5.2.3 The liability of the Company is limited in all other respects.
6 Amendment of Programme Terms and Conditions
6.1 The Company reserves the right to amend the Programme Terms and Conditions and any conditions referred to herein (such as Advantages, privileges, offers, Rewards and services and rules regarding Points) from time to time in accordance with the following provisions:
6.1.1 The Company may amend the Programme Terms and Conditions at any time if this is necessary due to actual changes (e.g. of contact information), new technical developments or similar circumstances. The Company will notify Members at least six (6) weeks before any such amendment takes effect.
6.1.2 The Company may also amend the Programme Terms and Conditions referred to herein in the event of a change in legislation or in the event of a change in case law affecting one or more provisions of the Programme Terms and Conditions, in which case the terms and conditions affected shall be adjusted to reflect the amended legal situation. The Company will notify Members at least six (6) weeks before any such amendment takes effect, unless it is required by law or for legal reasons to apply the amendment earlier.
6.1.3 The Company may otherwise amend the Programme Terms and Conditions (including the Rewards, Advantages and other arrangements referred to in the Programme Terms and Conditions) provided the amendments do not adversely affect Members and Members have the opportunity to object to an amendment. In this case, the Company will notify the Members of the amendments by post, e-mail or other means in text form. Unless the Member objects to the amendments in text form within six (6) weeks, they shall be deemed to have given their consent and the amendment shall become effective upon expiry of the time limit for objections. When giving notice of changes, the Company will expressly draw attention to such consequence of failure to object to the amendments. If a Member objects to a change, their Membership may be terminated following ordinary notice of termination.
6.1.4 In the event of amendments to the Programme Terms and Conditions, the Company shall always give due consideration to Members’ legitimate interests. Claims for compensation by Members as a result of amendments to the Programme Terms and Conditions are excluded.
6.2 Unless otherwise stated, the updated version of the Programme Terms and Conditions will apply to your participation in the Loyalty Programme as of the effective date.
7 Ending the Loyalty Programme
7.1 The Company may, at its sole discretion, terminate the Loyalty Programme or replace it with a similar loyalty programme subject to six (6) months’ notice to all active Members. Members may not accumulate Points or claim Rewards or any advantages or privileges under the Loyalty Programme after the effective date of termination of the Loyalty Programme.
7.2 The Company may terminate the Loyalty Programme in whole or in part in any jurisdiction on less than six months’ notice where required by applicable law.
7.3 When the Loyalty Programme ends, all unredeemed Points and unclaimed Rewards will be forfeited without any obligation to compensate for or replace them or liability on the part of the Company.
8 Data Protection
8.1 The Company respects the privacy of its Members and values the trust that Members place in the Company when they share their personal data with it. Please read THE FLAG Data Protection Policy, which sets out how the Company processes your personal data. In the event of any queries regarding THE FLAG Data Protection Policy on the collection, use, disclosure or other processing of their data by the Company under the Loyalty Programme, Members may contact the Company’s Data Protection Officer named in THE FLAG Data Protection Policy.
9 Applicable Law
9.1 German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
9.2 If you are a consumer residing in the European Union and the Company provides its services in connection with the Programme Terms and Conditions in the member state in which you reside, you will benefit as a consumer from all mandatory provisions of the law of the country in which you reside. These Programme Terms and Conditions do not affect in your statutory rights as a consumer to invoke such mandatory provisions of local law.
9.3 The Company is not obliged to participate in an arbitration procedure and rules out participation in such a procedure.
10 Miscellaneous
10.1 Changes to contact information
Each Member is responsible for informing the Company of any changes to their contact information.
10.2 Monitoring the Membership Account
To the extent permitted by applicable data protection laws, the Company reserves the right to monitor the Membership Accounts of all Members for compliance with the Programme Terms and Conditions at any time and without notice. The Company may check all Points accumulated by Members, Eligible Nights and transaction history, including, inter alia, the redemption of Rewards and other Advantages.
10.3 Correction of Points and services
The Company may, at any time, in its sole discretion and without notice, correct or cancel (i) any status level upgrade, (ii) the balance of Points credited to a Member’s Account, and (iii) any other benefit credited to a Member’s Account to which a Member is not entitled under the Programme Terms and Conditions.
10.4 Taxes
Points, Rewards and other Advantages of Membership may be subject to income or other taxes. It is the Member’s responsibility to pay all taxes of this nature and to provide all information required in this regard to third parties, including the party that paid for the transaction for which the Member accumulated Points. The Company shall not be liable for any tax liabilities, duties or other charges in connection with the granting of Points, Rewards and other Advantages to Members.
10.5 Exclusion of partnership
These Programme Terms and Conditions do not contain any provisions that are intended or can be interpreted as establishing or maintaining an association under corporate law, partnership, joint venture or other similar relationship between the Company and Loyalty Programme Members.
10.6 Severability clause
Should one of the Programme Terms and Conditions be or become invalid, the validity of the remaining Terms and Conditions shall remain unaffected.
10.7 Entire agreement
These Programme Terms and Conditions, including any provision, rule or regulation referred to in the Programme Terms and Conditions, constitute the entire agreement between the Company and the Members in respect of the Loyalty Programme.
10.8 Authoritative text version
The German version of these Programme Terms and Conditions shall prevail.