1.1 In these Membership Conditions, unless the context requires otherwise:
1.2 a reference to a ‘person’ includes a natural person, corporate or unincorporated body (in each case whether or not having separate legal personality) and that person’s personal representatives, successors and permitted assigns;
1.3 words in the singular include the plural and vice versa; and
1.4 a reference to ‘writing’ or ‘written’ includes any method of reproducing words in a legible and non-transitory form.
2 APPLICATION OF THESE MEMBERSHIP CONDITIONS
2.1 These Membership Conditions set out conditions of your membership. They supersede any previously issued terms and conditions.
2.2 When you submit your application for membership, you are offering to become a member of the British Institute of Innkeeping in accordance with these Membership Conditions. We will notify you if you application has been successful. At that point a membership contract will be formed between us.
2.3 We may vary these Membership Conditions at any time by notifying you in writing (usually by email or notice on our website). Your continued membership shall be deemed acceptance of any changes to these Membership Conditions.
3 MEMBERSHIP FEES AND PAYMENT
3.1 Our membership fees can be found on our website.
3.2 Your BII Membership fee covers the period for 12 months from the date of joining or renewal, and is payable in advance by Debit/Credit Card, BACS or Direct Debit. If paying by Direct Debit this can be paid annually in advance or quarterly in advance.
3.3 You may resign your membership at any time in writing to British Institute of Innkeeping, Sentinel House, Ancells Business Park, Harvest Crescent, Fleet, GU51 2UZ or by email to [email protected]. Please note that only written resignations will be accepted.
3.4 Refunds will only be given if the resignation is received by the BII up to a maximum of 14 days from the date of joining or date of renewal, whichever comes first. After that time, no refund will be payable.
4 MEMBERSHIP BENEFITS
4.1 We may add or remove membership benefits without notice. For an up to date list of our membership benefits, please refer to our website https://www.bii.org.
4.2 Content and materials: these are provided for your general information purposes only. They do not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
4.3 Helplines: Provided by internal BII staff and external expert companies. You may call our helplines at any time for up to 30 minutes at no cost. Any further advice or services which you require will be subject to a separate agreement between you and the service provider. We do not accept any liability for any advice given on the helplines or as part of any subsequent agreement.
4.4 Trusted Partners: please refer to our website disclaimer relating to our Trusted Partners at www.bii.org.
5 YOUR RESPONSIBILITIES
5.1 You will pay your fees as and when they become due.
5.2 You will not do anything which, in our reasonable opinion, brings us or our other members into disrepute.
6 LIMITATION OF LIABILITY
6.1 The extent of the parties’ liability under or in connection with these Membership Conditions (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) shall be as set out in this clause 6.
6.2 The BII, the Independent Expert Panel and the Independent Governance Board will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim or sum(s) of any description and whether direct, indirect, consequential or special, if it results from:
6.2.1 the acts and/or omissions of the person affected;
6.2.2 the acts and/or omissions of a third party unconnected with the provision of the services contracted for;
6.2.3 events that were not foreseeable to the BII when these Membership Conditions were entered into;
6.2.4 events that were not caused by any breach on the BII’s part;
6.2.5 any other event beyond the control of the BII; or
6.2.6 the acts, omissions, or services of any of Accredited Advisors who may be listed on our website here from time to time, or of their employees, sub-contractors or affiliates.
6.3 It is a condition of our acceptance of liability under this clause that you notify us of any claim in writing.
6.4 Where any payment is made by the BII, the person(s) receiving it must also assign to us or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
6.5 Notwithstanding any other provision of these Membership Conditions, the liability of the parties shall not be limited in any way in respect of the following:
6.5.1 death or personal injury caused by negligence;
6.5.2 fraud or fraudulent misrepresentation; or
6.5.3 any other losses which cannot be excluded or limited by applicable law.
6.6 Notwithstanding the above, the total liability of BII under or in connection with these Membership Conditions and regardless of whether such liability arises in tort (including negligence), contract, breach of statutory duty or in any other way, shall not exceed the fees paid by you to BII, in the year during which the liability arose.
7 INTELLECTUAL PROPERTY
7.1 Our website and materials and all intellectual property rights therein are owned by us, our licensors or both (as applicable). Intellectual property rights means rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We and our licensors reserve all of our and their rights in any intellectual property in connection with these Membership Conditions. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.
7.2 Nothing in these Membership Conditions grants you any legal rights in the website or our materials. You agree not to adjust to try to circumvent or delete any notices contained in our materials (including any intellectual property notices).
7.3 Trademarks: BII (UK00002412008),), British Institute of Innkeeping (UK00003499642), NITA (UK00002415395) and PEAT (UK00002602880) are our trademarks. The use by you of any trademarks is strictly prohibited unless you have our prior written permission.
8 PROCESSING OF PERSONAL DATA
9 TERMINATION AND CANCELLATION
9.1 We may terminate your membership at any point if, in our reasonable opinion, you are in breach of these Membership Conditions.
9.2 You may cancel your membership by at any time in writing to Membership Services, British Institute of Innkeeping, Sentinel House, Ancells Business Park, Harvest Crescent, Fleet, GU51 2UZ or by email to [email protected].
10 ENTIRE AGREEMENT
The parties agree that these Membership Conditions constitute the entire agreement between them and supersedes all previous agreements, understandings and arrangements between them, whether in writing or oral in respect of its subject matter.
You may not assign, subcontract or encumber any right or obligation under these Membership Conditions, in whole or in part, without our prior written consent.
12 THIRD PARTY RIGHTS
A person who is not a party to the Contract shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the provisions of the Contract.
13 GOVERNING LAW & JURISDICTION
These Membership Conditions and any dispute or claim arising out of, or in connection with, them, their subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England. The parties irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, these Membership Conditions, their subject matter or formation (including non-contractual disputes or claims).