withBanyan Terms & Conditions
The withBanyan programme (“Programme”) is a recognition programme offered by Banyan Group and its subsidiaries and affiliates, all of which are Banyan Group companies (collectively, the “Banyan Group” or “BG”). By participating in this Programme, you agree to these terms and conditions (“Terms and Conditions”). These Terms and Conditions describe the Programme and some of the benefits offered to withBanyan members (“Members” or “you”).
The Programme and its benefits are offered at the sole discretion of BG. BG may assign or transfer any rights or obligations under this Programme, or any other loyalty programme, at any time to any related or unrelated entity, in its sole discretion.
Membership
Member Enrolment: There is no fee to join withBanyan. New Members may enrol in the Programme by completing the required information on the Programme website or other channels authorised by BG. By enrolling in the Programme and using your membership account, you will be eligible for benefits as described below.
Member Contact Information: Members must provide current and valid contact information and keep such information updated in their Member profile. BG relies on Member Contact Information as reflected in Member profiles for any necessary communications. Banyan Group is not responsible or liable for the accuracy of a Member’s Contact Information and any problems or errors in communications to Members for whatever reason.
Eligibility: By participating in the Programme and taking advantage of its benefits, you agree to the following:
1. To maintain and use only one withBanyan account at any time
2. To be the only individual using your Member account (i.e., not sharing your account with anyone)
3. That you have provided current and valid contact information
4. That your name as shown on your Member account matches your legal identification
5. That you only have one email address for your Member account
6. That you are at least 18 years of age or the age of majority in your state or province of residence, whichever is older
7. That you have not enrolled as a company and/or other entity, as only individuals are permitted to enrol in the Programme
8. That you have read, understood and agreed to these Terms and Conditions
BG’s Terms and Conditions, Programme Rights: BG reserves the right to modify, alter, or otherwise update the Terms and Conditions for the Programme, and to modify, suspend, or cancel the Programme at any time. By continuing your membership in the Programme, you are agreeing to any prior changes to the Terms and Conditions, and affirm your agreement to them as updated. The current Programme Terms and Conditions as published supersede all prior published Programme Terms and Conditions.
BG’s right to cancel membership, revoke or adjust benefits: BG has the right to cancel any membership, and to revoke any and all unredeemed benefits and/or rewards collected in a Member’s account, for reasons that include, but are not limited to following:
1. Member’s violation of these Terms and Conditions
2. Member’s misrepresentation of any information or any misuse of this Programme
3. Member’s violation of any national, regional, or local law or regulation in connection with the use of membership privileges
4. Member’s failure to provide and maintain valid contact information
5. Member’s failure to pay for hotel charges and/or any expenses incurred during a Member’s Stay, including if such failure to pay is the result of a Member’s cheque being returned for insufficient funds or being invalid for any reason
6. Member’s commission of fraud or abuse involving any portion of this Programme,
7. Member maintaining more than one active account
8. Member’s physical, verbal, or written abuse or harassment of and hotel or BG personnel
9. Member’s abuse/misuse of any benefits or privileges provided, or use of such benefits or privileges in violation of the applicable terms and conditions for them.
10. Member taking any other action or engaging in any other activities that are to the detriment of the Programme, BG, or an BG branded hotel; all as may be determined by BG in its sole discretion.
In the event BG cancels a membership as permitted under these Terms and Conditions, BG has no obligation to permit the individual whose membership was cancelled, to re-enrol in the Programme. Members whose accounts are cancelled will forfeit all benefits and/or rewards associated with the account.
Employer and Country Restrictions: Some employers may have a policy that prohibits or restricts employee participation in the Programme. Some countries’ laws may also prohibit participation in the Programme or some aspects of the Programme. Members are responsible for complying with local laws and regulations, applicable terms and conditions of their employment, their employers’ internal policies and procedures, and any other rules to which they are subject. BG assumes no responsibility or liability for Members’ compliance with such policies, laws, rules, or regulations.
Maintaining Member Information; Protecting Your Account: Programme Members are responsible for keeping their profile information current, including relevant contact information, such as mailing address and email address. Most personal information and communication preferences can be updated by logging into the Member account on the Programme website. Each Programme Member is responsible for restricting access to and maintaining the confidentiality of the Member’s account and PIN/password and agrees to accept responsibility for the activities of anyone using the Member’s PIN/password.
Eligible Stays and Spend
When participating in the Programme, you are credited for your Eligible Nights and/or Net Eligible Spend at Participating Properties beginning with the date you enroll in the Programme.
Eligible Nights: An “Eligible Night” is when a Member pays an Eligible Rate for one night at a Participating Property.
Participating Property: The current list of participating hotels and resorts can be found here. Hotels and resorts participating in the Programme may be added or removed at Banyan Group’s sole discretion.
Eligible Rate: Eligible Rates are determined by Banyan Group, in its absolute discretion. Banyan Group reserves the right to amend the list of eligible rates at any given time, without prior notice.
Eligible Spend: Eligible Spends can include eligible spend on food and beverage, spa and activities charged to the Member's room. Eligible spend may vary by hotel brand and location. Spend not billed to the Member’s room and meeting charges are not eligible. Fractions of a U.S. dollar or local currency equivalent spent, or for dollars spent on tax, VAT, GST, service charges, gratuities, or hotel incidentals, are not eligible. The following transactions are usually considered to be part of Eligible Spend:
- Room and add-ons:
o Room charge/qualified room rate
o Room up-sell
o Early check-in
o Late check-out
o Package
o Crib/baby cot
o Extra bed
o Day use
o Internet
o Telecom
o In-room media - Food and Beverage at eligible outlets:
o Restaurants
o Bars, pool bars
o Lobby cafes
o Coffee bars
o Room service
o Minibar Other non-room spend at eligible outlets:
o Spa - Service, Treatments, Packages
o Golf & Sports - Usage fees
o Experiences - activities created for withBanyan members
Ineligible Spend: The following transactions are usually classified as Ineligible Spend:
• All non-eligible rates
• Complimentary rooms
• Employee & Travel Industry Rates, Tours
• Transactions at ineligible outlets (at hotel's discretion)
• Taxes, tips and fees
• Gift Cards and vouchers
• Complimentary or free items
• Food & Beverage (“F&B”) - Banquet, catering and events, Outside catering, Nightclubs, Items prohibited as per local legal restrictions can be ineligible at the hotel's discretion
• Retail products
• Membership fees, coaching and training fees - Spa, golf, health club, gym
• Miscellaneous - Business Centre, Equipment rental, Fax, Florist, Paid-outs, Cash drop, Check drop, Commission, Deposit, Donation, Dry cleaning, Exchange fee, Fitness, Gym, Laundry, Loss, Medical/doctor, No show - room, F&B, other, Parking, Partnerships, Payment type, Pool equipment, Profit, Rental, Retail, Service, Tax, Tobacco, Transfer/Transport/Limousine
Eligible Nights/Spend on Multiple Rooms: Members may be credited with all Eligible Nights and Eligible Spend for multiple rooms, provided those rooms are used in conjunction with the Member's stay at the same Participating Property, and the Member’s withBanyan account number is recorded on each reservation, or the charges from those multiple room reservations are referred to on the room bill associated with the Member's reservation.
No Shows and Cancellations: Any no-shows or rooms that are cancelled after the cancellation time shall not qualify as an Eligible Stay or Eligible Spend even if the room is paid for in full.
Adjustments: If you believe you have not been accurately credited with any Eligible Nights and/or Eligible Spend, you may contact withBanyan Customer Team with the property/outlet invoice in your name along with your withBanyan Membership number for us to follow up on your request. No adjustments will be made more than six (6) months after the transaction date or check-out date. Banyan Group shall have no other liability for any delay, error or failure in the crediting of Eligible Spend or Eligible Stays to a Member’s membership account.
Benefits
Programme Benefits: As a Member of the Programme, you may be entitled to special perks and benefits at participating hotels and resorts of Banyan Group. Benefits and perks may be time limited, may change from time to time and may vary by property, country, geographical region, and provided at the discretion of Banyan Group.
Any perks and benefits that you may be eligible for shall be communicated to you via e-mail to the address in your Member Contact Information. Most benefits are only available to Members who book their hotel reservations through BG’s websites (including mobile sites), or directly with a Participating Property.
withBanyan Member Rate: Members will be entitled to an exclusive withBanyan member rate at Participating Properties when they book directly with BG. Member rates may not be combined with other promotions, offers or discounts unless otherwise noted and are not valid for existing reservations or groups of more than 10 or rooms. Member rates can only be used by existing withBanyan members.
Non-transferrable: Member benefits are only for the individual Member and are not transferrable. For in-hotel Member benefits, a Member must personally check in and stay to enjoy such Member benefits. Any violation of this provision may result in cancellation of a Member’s account and may also result in a hotel charging the applicable fees for non-eligible Members’ or non-Members’ use of Member benefits.
General Terms
Arbitration: Except with respect to any claim or dispute involving the ownership, validity, or use of any BG trademarks or service marks, and to the extent permitted by applicable law, any dispute arising out of or related to the Programme or the Programme Terms and Conditions, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one (1) arbitrator. The language of the arbitration shall be English.
Limitations Period: Any and all claims and actions arising out of or relating to the Programme Terms and Conditions must be started within one (1) year from the occurrence of the facts giving rise to such claim or action, or such claim or action shall be barred. This Limitations Period is not applicable where local law prohibits it.
Miscellaneous Provisions: These Terms and Conditions constitute the entire agreement between you and BG with respect to the subject matter hereof and supersede all prior oral and written agreements. No failure or delay on the part of BG in exercising any right or remedy hereunder or enforcing the Terms and Conditions will operate as a waiver thereof. If any part or provision of these Terms is found to be invalid, unenforceable, or void, then the remaining portion shall remain in full force and effect. Headings are for convenience only and not for use in interpretation of this Agreement.
Release: By participating in the Programme, each Programme Member agrees to release, discharge, and hold harmless BG, its advertising and promotion agencies, their respective parent companies, affiliates, subsidiaries, and their directors, officers, agents, and employees from all claims or damages arising out of any use or misuse of the Programme by that Member.
Governing Law: These Terms and Conditions shall be governed by, construed, and enforced in accordance with the laws of the Republic of Singapore, without regard to its conflicts of law rules. Any dispute not covered by the terms of the Arbitration provision set forth in these Programme Terms and Conditions may be filed only in the Republic of Singapore.
Restricted by Law: This Programme or participation in it is not valid, and/or the granting of rewards is void, where prohibited or restricted by law in the Member's home country (domicile) or locality.
Tax Liability: Tax authorities may determine that BG Rewards Points, rewards, and airline miles received through participation may be subject to tax liability, including, without limitation, foreign, federal, state and local taxes, surcharges, security charges and departure taxes. In that case, any tax liability, including disclosure, connected with the receipt and/or use of rewards is the responsibility of the BG Rewards Member.
Programme Interpretation: Interpretations of Programme Terms & Conditions shall be at the sole discretion of BG.
No Guarantees on Merchandise: BG, its affiliates, and its agents make no guarantees, warranties, or representations of any kind, expressed or implied, with respect to items of merchandise or products (including but not limited to items obtained by redeeming Points), or services of partners. BG shall not be liable for any loss, expense (including without limitation, any legal fees), accident or inconvenience that may arise in connection with the use of such items or as a result of any defect or failure of such items. Any implied warranties of merchantability or fitness for a particular purpose are specifically disclaimed.
Privacy and Data Protection
Data Protection: By applying for Programme membership and your continued membership, you accept and explicitly authorise the Banyan Group, in its capacity as data controller, by its subsidiaries, affiliates, and/or franchisees, to do the following with the personal information you supplied during enrolment in the Programme or during the course of your Programme membership: (i) process it, (ii) transfer it worldwide to any third parties with which the Banyan Group is affiliated within the scope of the Programme, (iii) transfer it to third parties to process on the Banyan Group’s behalf, where required by applicable law, or in the event of a company reorganisation, merger, or acquisition, for use of such information in the administration of membership records, or for use in connection with guest service, advertising, marketing, and communication purposes.
For more information, please visit https://www.groupbanyan.com/privacy-policy.