• The Referring Hotel will need to demonstrate that it proactively initiated the Referred Guest to consider and book a member hotel part of The Set.
• The booking of the Referred Guest must be made via The Set central reservations office.
• The Referred Guest must be deemed as a new business opportunity, meaning that any repeat business, duplicate leads or leads for already contracted business, or guests/bookers/agencies who already have a relationship (including but not limited to a previous stay) with either the Other Hotel or The Set, will not be deemed as an Eligible Guest.
• The customer must comply with the specific booking policies of the receiving Member Hotel in order to be deemed eligible.
• In consideration for the referral of an Eligible Guest under this T&C, the Referring Hotel shall be entitled to an incentive fee representing 3% of the actualised net rooms revenue for non-commissionable bookings, or 1.5% of the actualised net rooms revenue for commissionable bookings (the “Incentive Fee”). The exact amount of each Incentive Fee shall be solely determined by The Set.
• The Referring Hotel will be entitled to the Incentive Fee only after the Eligible Guest has checked out and paid in full the Other Hotel for their stay, and The Set has received its applicable fees from the Other Hotel for the stay of the Eligible Guest in accordance with the provisions of the Membership Agreement between the Other Hotel and The Set.

T&C General
These Terms and Conditions (the “T&C”), are entered into by and between The Set Hotels Management Limited (“The Set”) and the member hotel (the “Referring Hotel”) participating in the Incentive (as defined below).

1. Identity of the Referring Hotel
1.1 Before agreeing to this T&C, the Referring Hotel has entered into a Membership Agreement with The Set (the “Membership Agreement”) according to which The Set provides certain services to the Referring Hotel, as detailed in the Membership Agreement.
1.2 Any hotel, resort & residence that has signed such a Membership Agreement with The Set is eligible to participate in the Incentive.

2. The Incentive
The incentive set forth under this T&C is intended as a reward for introducing an Eligible Guest (as defined below) to an Other Hotel. Subject to the terms and conditions set forth in this T&C and in accordance therewith, a Referring Hotel, through its employees, shall be entitled to refer guests to Other Hotels of The Set (“Other Hotels”) in exchange for the Incentive Fee (as defined below) (the “Incentive”).

3. Referral Process
3.1 In order to be entitled to the Incentive Fee, the employee of the Referring Hotel shall be required to send the following information regarding a guest (each such guest shall be referred to as a “Referred Guest”).
3.1.1 name and surname;
3.1.2 e-mail address;
3.1.3 contact telephone number;
3.1.4 stay dates and destination of choice.
3.2 The Referring Hotel shall also be required to obtain the Referred Guest consent to be contacted by The Set in order to complete the reservation at the required destination.
3.3 All such information shall be submitted via form.
3.4 For the avoidance of any doubt, where any applicable privacy data laws and regulations has any additional requirements from the Referring Hotel in order to transfer the required information to the Set as set forth above, or for obtaining the Referred Guest’s consent to be contacted by The Set, the Referring Hotel shall be obligated to obtain or meet such additional requirement in order to be eligible to receive the Incentive Fee. In the event that, the Referring Hotel failed to obtain or meet the aforementioned additional requirement, the Referring Hotel shall bear any and all liability and/or damages that may be incurred by The Set as a result of such failure.

4. Eligible Guest
In order for the Referring Hotel to be eligible to receive the Incentive Fee, the Referred Guest must meet the following criteria (each Referred Guest meeting such criteria shall be referred to as an “Eligible Guest”):
• The Referring Hotel will need to demonstrate that it proactively initiated the Referred Guest to consider and book a member hotel part of The Set.
• The full booking enquiry, as detailed in Section 3 above, must be obtained, including the Referred Guests’s consent to be contacted by The Set.
• The booking of the Referred Guest must be made via The Set central reservations office.
• The Referred Guest must be deemed as a new business opportunity, meaning that any repeat business, duplicate leads or leads for already contracted business, or guests/bookers/agencies who already have a relationship (including but not limited to a previous stay) with either the Other Hotel or The Set, will not be deemed as an Eligible Guest.
• Should the Referring Hotel introduce the same Referred Guest to a different Other Hotel, then such new referral shall be deemed as an Eligible Guest, provided that it complies with all remaining terms of this T&C.
• The customer must comply with the specific booking policies of the receiving Member Hotel, in order to be deemed eligible.

5. Incentive Fee
5.1 In consideration for the referral of an Eligible Guest under this T&C, the Referring Hotel shall be entitled to an incentive fee representing 3% of the actualised net rooms revenue for non-commissionable bookings, or 1.5% of the actualised net rooms revenue for commissionable bookings (the “Incentive Fee”). The exact amount of each Incentive Fee shall be solely determined by The Set.
5.2 Any disputed charges or amounts allowed off for any reason, either by the Other Hotel, or The Set, will not count towards the calculation of the Incentive Fee.

6. Payment Terms
6.1 The Referring Hotel will be entitled to the Incentive Fee only after Eligible Guest has checked out and paid in full the Other Hotel for their stay, and The Set has received its applicable fees from the Other Hotel for the stay of the Eligible Guest in accordance with the provisions of the Membership Agreement between the Other Hotel and The Set.
6.2 Payment of the Incentive Fee shall be made by The Set by way of set-off of the Incentive Fee from any amount owed and due by the Referring Hotel to The Set under the Membership Agreement. The Referring Hotel shall only make such set-off after receiving prior written consent from The Set that such set-off shall be made. Notwithstanding the aforementioned, throughout the term of this Incentive, The Set shall be entitled to notify the Referring Hotel that any of the Incentive Fees shall be paid in cash and not by way of set-off.
6.3 The Incentive Fee shall be paid against a lawful invoice to be issued by the Referring Hotel to The Set.
6.4 While The Set encourages the Referring Hotel to transfer the Incentive Fee (or part thereof) to the employee of the Referring Hotel who is responsible for the Eligible Guest, such payout to the Referring Hotel’s employee shall be made at Referring Hotel’s sole discretion and in accordance with any applicable laws and employment agreements. In any event, it is hereby clarified that The Set shall bear no liability whatsoever vis-à-vis the Referring Hotel with respect to the Incentive and the Incentive Payment, and any such liability shall be borne exclusively by the Referring Hotel.

7. Data Privacy & Compliance
All personal data collected and forwarded in relation to this Incentive must comply with all applicable data protection laws and regulations, including but not limited to the General Data Protection Regulation (GDPR) and/or any other applicable data privacy laws. To the extent required, The Set and the Referring Hotel shall enter into any additional agreement or document to comply with such laws and regulations.

8. Amendments
The Set reserves the right to amend, change, update or modify the Incentive and any of the terms and conditions set forth herein, at any time and without prior notice. The Set will notify the Referring Hotel

9. Termination of Incentive
The Set may terminate the Incentive at any time and for any reason. Upon such termination, The Set shall notify any Referring Hotel of such termination and shall thereafter notify the Referring Hotel of any outstanding Incentive Fee the Referring Hotel may still be entitled to for any Eligible Guest who booked a stay at an Other Hotel prior to the date of termination.

10. Governing Law and Jurisdiction
This T&C and any dispute or claim arising out of, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, this T&C, its subject matter or formation (including non-contractual disputes or claims).