TERMS & CONDITIONS

These Terms and Conditions govern the Baros Elite Program (the “Program”) operated by or on behalf of Baros Maldives (“Baros” or “we”) and our relationship with members of the Program (“Members” or “you”). Membership in the Program (“Membership”) is subject to these Terms and Conditions, which supersede all previous loyalty program rules and/or conditions. By using your Membership card or your Membership number to earn Services and Privileges (“Benefits”), you agree that:

  • you have read, understood and accepted these Terms and Conditions;
  • you are eligible for Membership; and
  • you consent to Baros Maldives processing data that is personal to you, and disclosing such data to third parties, in accordance with our privacy statement.

The purpose of the Program is to reward our frequent guests. As described below, Members will receive a Membership card and will earn benefits, the currency of the Program, for each eligible stay at Baros. In addition, you can earn different Membership tiers, depending on the nature and frequency of your stays. Membership and benefits are applicable to all guests who have purchased a stay through distribution channels such as travel agents, tour operators, GDS or internet. Membership and benefits are not applicable to Club Members of Small Luxury Hotels of the World.

General Membership Rules

1.1 We may change these Terms and Conditions at any time, without notice. This means that we may make changes that affect, without limitation, processes, benefits, Program affiliates, participating partners, rules for benefits. Unless otherwise stated, all Membership benefits are subject to availability.

1.2. We may terminate the Program with six months advance notice to all Active Members, and may substitute a similar loyalty program for the Program at any time immediately upon notice to all Active Members. A Member may not claim Benefits after the termination of the Program. If the Program is terminated no Benefits claims shall be honored after the conclusion of the notice period. We may terminate the Program in whole or in part, in any jurisdiction(s) on less than six months' notice if required to do so by applicable law.

1.3 Your Membership is not your property and belongs to us. On termination of your Membership for any reason, all unclaimed Benefits will be forfeited and you will no longer be able to participate in the Program. On your death, Benefits may be transferred to a family member or a friend of yours as we decide in our absolute discretion. Benefits have no cash value and we will not pay you cash for any forfeited or unused Benefits.

1.4 Membership benefits may not be sold, bartered or transferred (other than by us). Any attempted transfer, sale or barter by you or on your behalf will be void. We and/or our Program affiliates may refuse to honor or recognize any Membership benefits which we or they conclude have been transferred, sold or bartered.

1.5 Our waiver of any breach of these Terms and 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 and 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.

1.6 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 Program.

1.7 We and our Program affiliates are not be responsible for:

  • (    )loss or misdirection of, or delay in receiving, any Membership correspondence;
  • (    )any acts or omissions of third parties; or
  • (    )any errors published in relation to the Program, including, without limitation, any pricing or typographical errors, errors of description. We reserve the right to correct, without notice, any errors.

1.8 We endeavor to keep the information on our website current, including the links from these Terms and Conditions, but you should contact Baros for the most current information. We are not responsible for any information that has not been updated.

1.9 LIMITATION OF LIABILITY. We shall not be liable to any person for any action taken or neglected to be taken with respect to the Program.

1.10 All interpretations of these Terms and Conditions, and the rules of Membership, shall be at our sole discretion, and our decisions shall be final. We may waive compliance with these Terms and Conditions in our sole discretion and we may run promotions from time to time that provide enhanced benefits to select Members. Notwithstanding the foregoing, our failure to exercise any of our rights under this Agreement or our delay in enforcing or exercising any of our rights shall constitute a waiver of such rights. If we waive any right on one occasion, such waiver shall not operate as a waiver as to any other occasion.

1.11. These Terms and Conditions are governed by and shall be construed in accordance with the laws of the United States of America and the state of New York, and are subject to the exclusive jurisdiction of the applicable courts in the state and city of New York. Membership, and the earning and redeeming of Starpoints are subject to all applicable local laws and regulations. Membership, Membership benefits, and awards are offered in good faith, however they may not be available if prohibited or restricted by applicable law or regulation in the Unites States of America or Member's country of residence. If any part of these Terms and Conditions is held to be unlawful or unenforceable, that part will be deemed deleted from these Terms and Conditions in such jurisdiction and the remaining provisions will remain in force, subject to Sections 1.1 and 1.2. All disputes which cannot be resolved between the parties, and causes of action arising out of or connected with the Program, shall be resolved individually, without resort to any form of class action, and shall be subject to Section 1.10.

1.12. Baros Maldives, Baros Elite and The Essence of the Maldives and their logos are the trademarks of us or our affiliates, and Members shall never, directly or indirectly, interfere with, challenge, file applications for, or claim ownership to these trademarks anywhere in the world.

Membership Eligibility

2.1. Membership in the Program is free and is available to individuals over the age of majority residing in countries that legally permit participation in frequent stay programs. We may refuse Membership to any individual without giving a reason. Employees of Baros and any of our subsidiaries and affiliates (“Associates”) are not eligible to participate in the Program except through specially designated Associate programs. Associates can obtain a copy of the Associate policy relating to the Program from their human resources representative.

2.2 You will be enrolled in the Program and become a Member from the date your last stay at Baros gives you the entitlement to.

2.3. Memberships can only be used by the Member whose name is listed on the Program account. You should not give your Membership number or password to any other person. You are responsible for all activity in your Program account through the use of your password by another person, whether a member of your family, household, staff or otherwise. Corporations, associations and groups cannot enroll in the Program.

2.4. You cannot have more than one Membership. If you attempt to obtain more than one Membership, we may terminate your Membership and all benefits may be forfeited.

Cancellation or Termination of Membership

3.1. You may cancel your Membership at any time by giving written notice of cancellation to Baros Maldives. If you do this, all unused benefits will be forfeited immediately and may not be reinstated or transferred.

3.2. You will be considered an “Active Member” so long as (a) your Membership has not been cancelled (by you or us), and (b) you have had an eligible stay at Baros Maldives within the previous 24 months.

3.3. If you do not remain an Active Member, we will close your Membership account and all benefits in the account shall be forfeited without notice.

3.4. If we revoke your Membership, for any reason, you may not reapply for Membership and any account opened in your name benefits earned in that account shall be forfeited upon discovery. If you cancel your Membership, or if we close your account because you do not remain an Active Member, you may be entitled for Membership at a later date, but you will not recover any benefits forfeited from your prior Membership.

3.5. We may cancel or suspend your Membership privileges or terminate your Membership at any time with immediate effect, confirmed by written notification to you if, in our sole discretion, you have (a) acted in a manner inconsistent with applicable laws or ordinances, (b) acted in a fraudulent or abusive manner, (c) breached any of these Terms and Conditions, (d) engaged in fraud or abuse concerning Membership privileges and benefits, or (e) failed to pay any bill when due to Baros Maldives. Subject to applicable law, Membership will terminate automatically on your filing for bankruptcy or otherwise becoming subject to a bankruptcy proceeding.

3.6. We may also take appropriate legal or administrative action if any of the items listed above occurs. Nothing contained in these Terms and Conditions shall limit us in the exercise of any legal or equitable rights or remedies.

Membership Tiers

A. CLUB: MEMBERSHIP AND BENEFITS

4A.1. When you become a Member in record of a minimum of 4 stays, you are enrolled as a Club guest for your next stay/s.

4A.2. Club guests will have access to an Online Personal Member Information page on the Baros Elite micro site. We maintain a Personal Member Information Page for Club guests, containing information provided by you. We will use this information to expedite reservations, check-in, and check-out processes. If you provide credit card information, hotels will use it to guarantee your stay and will apply your stay charges to that credit card. You can change your credit card authorization for future transactions by contacting Baros at time of reservation or check-in. You should notify us if your authorized credit card is lost, stolen, invalidated or has expired.

4A.3. Club guests will be eligible to Exclusive Member-only Specials for a stay at Baros Maldives or with participating partners, based on availability. Advance room reservations are required. Members must present their Membership card to the participating partner staff at the time of payment.

4A.4 Club guests shall generally have access to a dedicated email address for reservations, customer service and information requests

4A.5 Club guests will be eligible to receive regular e-updates and e-news from Baros Maldives or with participating partners

4A.5. Club guests are eligible to receive a choice of wines from a designed wine list to select from before arrival. Wines will be placed in the wine chiller found in the booked accommodation and will be billed on consumption. Club guests are also eligible to a complimentary bottle of sparkling wine placed in the booked accommodation upon arrival.

B. SELECT: MEMBERSHIP AND BENEFITS

4B.1. When you become a Member in record of a minimum of 6 stays, you are enrolled as a Select guest for your next stay/s.

4B.2. Select guests will have access to an Online Personal Member Information page on the Baros Elite micro site. We maintain a Personal Member Information Page for Select guests, containing information provided by you. We will use this information to expedite reservations, check-in, and check-out processes. If you provide credit card information, hotels will use it to guarantee your stay and will apply your stay charges to that credit card. You can change your credit card authorization for future transactions by contacting Baros or at time of reservation or check-in. You should notify us if your authorized credit card is lost, stolen, invalidated or has expired.

4B.3. Select guests will be eligible to Exclusive Member-only Specials for a stay at Baros Maldives or with participating partners, based on availability. Advance room reservations are required. Members must present their Membership card to the participating partner staff at the time of payment.

4B.4 Select guests shall generally have access to a dedicated email address for reservations, customer service and information requests

4B.5 Select guests will be eligible to receive regular e-updates and e-news from Baros Maldives or with participating partners

4B.5. Select guests are eligible to receive a choice of wines from a designed wine list to select from before arrival. Wines will be placed in the wine chiller found in the booked accommodation and will be billed on consumption. Select guests are also eligible to a complimentary bottle of Champagne placed in the booked accommodation upon arrival, an invitation to a resort culinary event (event may change from time to time), a complimentary late check out until time of departure from the resort (based on availability and on a 5-nights minimum stay) and an invitation to access and enjoy facilities of the Business Class lounge upon departure at Male’ International airport.

C. SIGNATURE: MEMBERSHIP AND BENEFITS

4B.1. When you become a Member in record of a minimum of 10 stays, you are enrolled as a Signature guest for your next stay/s.

4B.2. Signature guests will have access to an Online Personal Member Information page on the Baros Elite micro site. We maintain a Personal Member Information Page for Signature guests, containing information provided by you. We will use this information to expedite reservations, check-in, and check-out processes. If you provide credit card information, hotels will use it to guarantee your stay and will apply your stay charges to that credit card. You can change your credit card authorization for future transactions by contacting Baros or at time of reservation or check-in. You should notify us if your authorized credit card is lost, stolen, invalidated or has expired.

4B.3. Signature guests will be eligible to Exclusive Member-only Specials for a stay at Baros Maldives or with participating partners, based on availability. Advance room reservations are required. Members must present their Membership card to the participating partner staff at the time of payment.

4B.4 Signature guests shall generally have access to a dedicated email address for reservations, customer service and information requests

4B.5 Signature guests will be eligible to receive regular e-updates and e-news from Baros Maldives or with participating partners

4B.5. Signature guests are eligible to receive a choice of wines from a designed wine list to select from before arrival. Wines will be placed in the wine chiller found in the booked accommodation and will be billed on consumption. Select guests are also eligible to a complimentary bottle of Champagne to be selected from a list and placed in the booked accommodation upon arrival, a guaranteed villa upgrade (based on a 5-nights minimum stay), a complimentary late check out until time of departure from the resort (based on availability and on a 5-nights minimum stay), an invitation to access and enjoy facilities of the Business Class lounge upon departure at Male’ International airport, private return speedboat transfers (from and to Male’ International Airport only), a dedicated Villa Host during the stay (Guest Services Agent), a private iPod for use during the stay and a gift from Baros or participating partner.

Communications Questions

5.1. We may also send you promotions, offers and other communications from time to time, which may include items from third parties. The items we send may be targeted to you based on the information you have provided to us and additional data we maintain. You may change your personal details and communications preferences at any time by contacting Baros Maldives or through the Baros Elite micro site, but to change your name on our records, you should send satisfactory written proof to Baros Maldives, of a legal name change such as a copy of your marriage license, divorce decree, official judgment of name changes and a driver’s license, provided that for a driver’s license both the old license with the old name and picture and the new license with the new name and picture must be on the same page. To change your address on our records you should send satisfactory written proof to Baros Maldives of a change of address such as a copy of your lease, your deed or a utility bill.

5.2. If you telephone Baros, for security reasons we may ask you for your date of birth and/or other information to verify your identity. We may monitor telephone calls to improve its quality of service.

5.3. You can view your Member tier, benefits and history and update your personal details and preferences at Baros Elite micro site. You will need to provide your Membership Number or user name and password to access this internet site.

5.4. All Program communications will be sent to you at the mailing address and/or e-mail address which you provide on your Online Personal Member Information page or otherwise notify us. Communications will be deemed to have been received by you if sent to that address, 1 business day after sending if we sent it to the e-mail address provided and 5 business days after sending if we sent it to the mailing address provided. You are responsible for keeping your address current.

Questions

If you have any queries about the Program, contact Baros Maldives

Appendix

RESERVATION

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