1. Definition of Terms

Hotel Resilient Certifications UG (haftungsbeschränkt), herein also referred to as “Hotel Resilient”, is an entity duly registered in the Federal Republic of Germany under registration no. HRB 736873.

“Hotel Resilient Intellectual Property” refers to all materials, processes, tools, software, website products, services, creations, certifications, trademarks, patents owned by Hotel Resilient

“Hotel Resilient Services” refer to various services provided by Hotel Resilient through the Hotel Resilient’s Website, web-based applications, or in person through individuals duly authorized by Hotel Resilient.

“Hotel Resilient Web Application”, herein also referred to as the “Application is the application software accessed by the user through a web browser delivering all of the Hotel Resilient Services, including Certifications.

“User” refers to any entity that has used or is using Hotel Resilient Services.

“Member” refers to any User that has explicitly applied for Membership and/or Certification with Hotel Resilient for purposes of using Hotel Resilient Services under the conditions specified in section 4 below. Membership is directed exclusively at enterprises within the meaning of the German Civil Law Code § 14 BGB, i.e. natural or legal persons or partnerships with legal capacity. Only these are users within the meaning of these Terms and Conditions.

“Certification” refers to any of the Hotel Resilient Certification labels, which is available to Hotel Resilient Members.

“Accommodation Services” refers to entities operating hotels, resorts, and other accommodation service providers.

“Hotel Resilient Intellectual Property” refers to all materials, processes, tools, products, services, creations, trademarks, patents belonging to Hotel Resilient.

2. Hotel Resilient Services

Hotel Resilient Services (the “Service” or “Services”) involve the provision of assessments and certifications in relation to disaster and climate risk, preparedness and resilience for Accommodation Services. Such Services maybe provided through Hotel Resilient’s website, web-based applications, or in person through individuals duly authorized by Hotel Resilient.

A User may avail of Hotel Resilient services through a web-based application (the “Application”), under the terms and conditions specified in item 3 below. The User of the Application does not, by mere use of the Application, become a Member.

A User becomes a Member after the User pays the membership fee and applies for Membership and/or Certification on the Hotel Resilient Application. The Membership Period and Fee shall be set and adjusted at the sole discretion of Hotel Resilient.

A Member may avail of Hotel Resilient Services through the Hotel Resilient Application, under the terms and conditions specified in item 4 below.

A Member may also apply for Hotel Resilient Certifications, under the terms and conditions specified in item 5 below.

3. User Terms and Conditions in relation to the Application

The use of the Application by any User is provided by Hotel Resilient free of charge, but subject to the following conditions:

• The User understands that the Application is merely the means by which Hotel Resilient is providing the Services. The User also understands that Hotel Resilient has developed particular processes and tools that embody the Services it provides.
• The User understands and agrees that the use of the Application is intended as a self-assessment tool for a User in relation to a specific Accommodation Services facility for which the User is providing data regarding the nature, operations, processes, or other aspects of the Accommodation Services facility.
• The User consents to the collection, use, and storage of data by Hotel Resilient for the limited purpose of providing an assessment for the User. The User warrants to the truth and accuracy of the data being provided in the process of assessment and that they are authorized to provide such data to Hotel Resilient.
• The User recognizes that while Application, its underlying processes and tools, have been developed in good faith and as a reasonable means of providing information, guidance, and assistance to the User, there are inherent limitations in providing an assessment through the Application, based on claims made by the User, and any certification arising therefrom. The User accepts that Hotel Resilient does not warrant as to the accuracy, veracity, or reliability of a certification that is issued through the use of the Application, its underlying processes and tools, and Hotel Resilient assumes no liability from such.
• The use of the Application and meeting the criteria provided therein entitles the User to a score report which indicates the rating the facility received among different components, and the terms and conditions of the assessment as stated herein, among others.

4. Member Terms and Conditions in Relation to the Website

The use of the Website by any User is provided by Hotel Resilient subject to the following conditions:

• The Member must pay a membership fee in order to access specific Hotel Resilient Services provided through the Website. The fee shall entitle the Member to avail of the Services for a calendar year from the date of payment. The fee shall be set and adjusted from time to time at the sole discretion of Hotel Resilient.
• The Member understands that the Website and Application is merely the means by which Hotel Resilient is providing the Services. The Member also understands that Hotel Resilient has developed particular processes and tools that embody the Services it provides.
• The Member understands and agrees that the use of the Website and Application is intended to assist a Member in relation to a specific Accommodation Services facility for which the Member is providing data regarding the nature, operations, processes, or other aspects of the Accommodation Services facility.
• The Member consents to the collection, use, and storage of data by Hotel Resilient for the limited purpose of providing an assessment for the User. The Member warrants to the truth and accuracy of the data being provided in the process of assessment, and that they are authorized to provide such data to Hotel Resilient.
• The Member recognizes that while the Website, its underlying processes and tools, have been developed in good faith and as a reasonable means of providing information, guidance, and assistance to the Member, there are inherent limitations in providing an assessment through the Website, based on claims made by the Member, and any certification arising therefrom.
• The Member holds Hotel Resilient, its principals, officers, shareholders, representatives, employees, contractors, and agents free from any liability arising from the use of the Website, its processes and tools, the assessment it provides, and the certification that may be issued, unless such liability arises from gross negligence or willful misconduct.
• The Member further agrees to the terms and conditions further provided under section 5.

5. Certification Terms of Use

The use and display of the Hotel Resilient Certification by any User Member provided by Hotel Resilient is subject to the following conditions:

• Certification is directed exclusively at enterprises within the meaning of the German Civil Law Code § 14 BGB, i.e. natural or legal persons or partnerships with legal capacity. Only these are users within the meaning of these Terms and Conditions. In this respect, the Member declares that use of the Certification is solely attributed to commercial or self-employed professional activity.
• The Member promises not to use the Certification, for any purpose that is unlawful or prohibited by these Terms or any other purpose reasonably intended by Hotel Resilient.
• The Member understands that the Certification is granted based on a review of key information provided through the Application and that Hotel Resilient reserves the right to review and assess any of the materials supporting the claim of the Member in the Self Assessment in order to grant Certification to the Member.
• The Member declares that all materials submitted in support of the Certification Application are true, complete and accurate to the best of the Member’s knowledge.
• The Member further confirms these materials are genuine and representative of actual conditions of the Member’s Accommodation Establishment at the time of submitting the Certification application for which Certification is being sought.
• The Member understands that any false statement may result in immediate denial or revocation of the Certification.
• The Member must pay a membership fee in order to access specific Hotel Resilient Certification through the Application. The fee shall entitle the Member to avail of Certifications offered by Hotel Resilient as specified under the Membership Plan which the Member applied for.
• The Certification renewal fee and/or Certification review token fee shall be set and adjusted from time to time at the sole discretion of Hotel Resilient.
• The Member recognizes that while the Application, its underlying processes and tools, have been developed in good faith and as a reasonable means of providing information, guidance, and assistance to the Member, there are inherent limitations in providing an assessment through the Application, based on claims made by the Member, and any Certification arising therefrom.
• The Member accepts that Hotel Resilient does not warrant as to the accuracy, veracity, or reliability of a certification that is issued through the use of the Website, its underlying processes and tools, and Hotel Resilient assumes no liability from such.
• The Member holds Hotel Resilient, its principals, officers, shareholders, representatives, employees, contractors, and agents free from any liability arising from the use of the Website, its processes and tools, the assessment it provides, and the certification that may be issued, unless such liability arises from gross negligence or willful misconduct.
• The use of the Website and meeting the criteria provided therein entitles the Member to an Assessment Certificate which indicates the name of the Accommodation Services facility, and the terms and conditions of the assessment as stated herein, among others.

6. General Provisions

Conditions of Use

As a condition of use, the User promises not to use the services for any purpose that is unlawful or prohibited by these Terms or any other purpose reasonably intended by Hotel Resilient. By way of example, and not as a limitation, the User agrees not to use the services to:

• Abuse, harass, threaten, impersonate, or intimidate any person, including Hotel Resilient’s principals, employees, partners, suppliers and users
• Create multiple user accounts, re-use assessment for multiple properties
• Unnecessarily place a burden on Hotel Resilient’s resources through high frequency service requests
• Copy, adapt, or make use of the information on the Application or Website to assist a competing business or attempt to reverse-engineer the technology
• Hotel Resilient reserves the right to terminate user accounts for infringing on these Terms.
• Hotel Resilient reserves the right to change, limit, or discontinue any aspect, content or feature of the service, at its sole discretion.
• Hotel Resilient may change these terms and conditions from time to time. Any updated versions will be posted on our website. Please review them regularly.

Warranties as regards the Certification, Application, Website, and Software

Hotel Resilient:

• Disclaims any warranties, express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, title or non-infringement;
• Does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of the software or data, or any derivative works thereof,
• Does not represent that use of the software, the information on this website, or the website would not infringe privately owned rights;
• Does not warrant that the software will function uninterrupted, that it is error-free or that any errors will be corrected.

Limitation of Liability

With regard to the Hotel Resilient Certification, Application, Website and Software, in no event will its licensors be liable for any indirect, incidental, consequential, special or punitive damages of any kind or nature, including but not limited to loss of profits or loss of data, for any reason whatsoever, whether such liability is asserted on the basis of contract, tort (including negligence or strict liability), or otherwise, even if its licensors have been warned of the possibility of such loss or damages.

The limitations and exclusions of liability above also apply to the personal liability of the employees, workers, representatives, guests, organs and agents of the Member.

The User warrants to hold Hotel Resilient free from any liability pertaining to third parties:

• Regardless of whether such third party relied on the self-assessment or assessment from Hotel Resilient and incurred damage, whether direct or indirect, from an event for which the self-assessment or assessment was issued.
• Regardless of whether the User was covered or not by adequate insurance to compensate third parties against damage, whether direct or indirect, from an event for which the self-assessment or assessment was issued.
• When the third party was contracted to serve as an online payment service, and such liability arises from the use of such service.

Any limitation from liability in these Terms and Conditions extends to any and all costs, claims, demands, damages, settlements, attorney’s fees, judgments, among others, and to all principals, officers, shareholders, employees, representatives, contractors acting for and on behalf of Hotel Resilient, except in cases of gross negligence or intentional misconduct.

The User agrees and consents to the Data Privacy Policy of Hotel Resilient.

Data Privacy Policy

The User agrees and consents to the Data Privacy Policy of Hotel Resilient.

Intellectual Property

The User agrees to the Hotel Resilient Copyright terms and acquires no intellectual property rights to Hotel Resilient Intellectual Property and is merely permitted the use of such Service. Hotel Resilient waives no rights as regards its intellectual property. The permission to use must not be construed as a grant or cession of the rights holders’ intellectual property. Any unauthorized use by a contracted party, or a use by a third party, shall be deemed a violation and infringement of said rights holders’ intellectual property, which reserves all rights to enforce the same. Hotel Resilient Intellectual Property shall not be copied in any physical, electronic, digital, or other format, or used in any way other than as permitted by Hotel Resilient.

Right to Amend these Terms and Conditions.

Hotel Resilient reserves the right, from time to time, to amend the provisions in these Terms and Conditions. It undertakes to duly notify relevant parties of such amendments and provide a mechanism for such parties to consent to such.

Forum

Any claims that may arise from the foregoing shall be brought before the appropriate courts in the Federal Republic of Germany.

Hotel Resilient recognises the importance of protecting the privacy and the rights of individuals in relations to their personal information. This document is our privacy policy and it tells you how we collect and manage your personal information.

We respect your rights to privacy under the European Union General Data Protection Regulation (GDPR) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 and we comply with all of the Act’s requirements in respect of the collection, management and disclosure of your personal information.

Information we collect automatically

We automatically gather and store certain information about your visit, such as:

• your IP address (an IP address is a number that is automatically assigned to your computer whenever you are surfing the Web)
• the type of browser and operating system used to access our app
• the date and time you access our app
• the pages you visit, and
• if you linked to our app from another Web site, the address of that Web site.

This information does not identify you personally and is used to improve customer service, inform business and marketing operations, and to identify suspicious traffic.

Information that you voluntarily provide

We collect, hold and use the following types of personal information:

• contact information such as your name, street address and email address
• information about your hotel building structure and content
• information about your emergency systems such as backupower, fire system, warning system, evacuation system, etc.
• information about your management processes such as business continuity, crisis communication, etc.
• We do not collect information about your occupancy rates or other financial information

How your information is used

We collect, hold and access information about you for the following purposes:

• to analyse your risk to multiple hazards and climate impacts
• To provide tailored recommendations on how risk can be reduced
• to help you engage with accreditation and other service providers
• to help us improve the quality of the service we provide to customers
• to inform research, such as policy or market research into climate and disaster resilience in the accommodation sector and to analyse the collective impact of actions taken by our customers

When your information is shared

Your personal information will not be shared, sold, rented or disclosed other than as described in this Privacy Policy. We may disclose your personal information to:

• Service providers that you engage through our platform. In these circumstances we will clearly describe the scope of information being shared and to whom it will be provided and request your consent prior to sharing your personal data.
• Program partners, if you access the service through a program partnership campaign. In these circumstances, the program partner will be clearly shown. Our program partners follow similar provisions to this privacy policy, and these provisions form a part of our software licensing agreement.
• Our employees, contractors or service providers for the purposes of operating our business, fulfilling requests by you and otherwise provide products and services to you
• Government authorities, to comply with any law, rule, regulation or lawful and binding determination

We may disclose personal information to our related bodies corporate and third party suppliers and service providers located overseas for some of the purposes listed above. We take reasonable steps to ensure that the overseas recipients of your personal information do not breach the privacy obligations relating to your personal information.

How your information is secured

We use industry best practice steps to secure your personal information from misuse and loss and from unauthorised access, modification or disclosure and take all reasonable precautions to ensure that information is kept securely stored. For further information see our developer documentation

Contacting us

If you have any questions about this privacy policy, any concerns or a complaint regarding the treatment of your privacy or a possible breach of your privacy, or wish to access or correct your personal information please contact our privacy officer using the details below. We will treat your requests or complaints confidentially. Our representative will contact you within a reasonable time after receipt of your complaint to discuss your concerns and outline options regarding how they may be resolved. We will aim to ensure that your request is resolved in timely and appropriate manner. Please contact our Privacy Officer at info@hotelresilient.org

Changes to the privacy policy

We may change this privacy policy from time to time. Any updated versions of this privacy policy will be posted on our website. Please review it regularly.