1.1 This BWH CRS Connection - Product Terms of Use together with the Mews Marketplace Terms of Service and Mews Master Terms and Conditions, shall apply to the purchase of the CRS Connection (“BWH CRS Connection”).

1.2 The Partner acknowledges that the BWH CRS Connection is a feature developed by Mews in cooperation directly with Best Western International, Inc. ("BWH Hotel Group"), which is responsible for setting the guidelines and requirements for the feature's functionality.

1.3 The Partner acknowledges that the BWH CRS Connection is available only to the hotels that are part of the BWH Hotel Group. If Partner leaves the BHW Hotel Group, the BWH CRS Connection will be disabled.

1.4 Any capitalized terms not defined in this BWH CRS Connection – Product Terms of Use shall have the meanings as described to them in the Mews Marketplace Terms of Service or Mews Master Terms and Conditions.

2.1 Central Reservation System connectivity. The BWH CRS Connection is a functionality developed by Mews exclusively for the BWH Hotel Group, which enables the bi-directional connection between Mews PMS and BWH CRS. Mews will provide the interface to support the functionality and integrate the Mews PMS and the BWH CRS.

2.1.1 The BWH CRS Connection enables:  

• synchronization of reservations, and 
• synchronization of availability, restrictions, and inventory, commonly known as ARI 

2.1.2 The connectivity, specifically the SSL certificates and tunnel, is owned by BWH Hotel Group and falls outside the scope of this product, but Mews will adhere to the standards set by BWH Hotel Group.

2.2 Best Western Rewards loyalty program. Mews will support the Best Western Rewards loyalty program as part of this connection and will not offer any other support for this functionality.

2.2.1 The BWH CRS Connectivity enables two main functions for the Best Western Rewards loyalty program:  

• enrolment of new members into the loyalty program, synchronizing it to the BWH CRS, and
• lookup functionality to automatically pull the latest loyalty status of each guest.

3.1 The Partner acknowledges that the BWH CRS Connection is a feature in development and will be available for use at a future date, as agreed between Mews and BWH Hotel Group.

3.2 Mews is endeavoring its best efforts to enable the use of the BWH CRS Connection by no later than the 1st of July 2024 (“Product Release Deadline”).

3.3 The Partner acknowledges the BWH Hotel Group holds the ultimate decision on certifying and allowing the use of the BWH CRS Connection by the Partner and may cause delays or postponement of the Product Release Deadline.

3.4 Regardless of the change in the dates by the BWH Hotel Group, Mews reserves the right to unilaterally change the Product Release Deadline.

3.5 In any case, if the Product Release Deadline changes, Mews will inform the Partner at least thirty (30) calendar days before the current Product Release Deadline.

3.6 The Partner acknowledges that the main reasons for changing the Product Release Deadline may include unexpected events during development, or not passing the certification by the BWH Hotel Group.  

4.1 The BWH CRS Connection is offered to the Partner by contracting it with Mews in the Order Form or Cooperation Agreement (“Agreement”). It might also be offered, at Mews’s sole discretion, in Mews Platform (and/or Mews Marketplace).

4.2 For the avoidance of doubt, the BWH CRS Connection term and termination rights are defined in the Mews Master Terms and Conditions.

5.1 The Partner agrees to pay Mews for the BWH CRS Connection the corresponding Fees and other payments as defined in the Agreement.

5.2 The BHW CRS Connection billing cycle is as agreed in the Agreement, and it will commence to be charged at the same time as the Mews PMS fees.

5.3 Payment obligations are non-cancellable and non-transferrable and paid Fees are non-refundable.

5.4 Fees for BWH CRS Connection will be charged in the currency stipulated in the Agreement between Mews and the Partner for the use of the Mews PMS.

5.5 Changes to the number of Resources on Mews PMS via amendments to the Agreement, Mews Platform and/or Mews Marketplace may affect the amount of Fees payable hereunder.

6.1 Terms. At its sole discretion and at any time, Mews may change these Terms, including any documents incorporated by reference herein. The Parties agree that Mews will inform the Partner of any changes to these Terms by posting a new version on this page or by making it otherwise available to the Partner on or before the effective date of those changes.

6.2 Product. At its sole discretion, Mews reserves the right to terminate, limit, suspend BWH CRS Connection, or discontinue the services to specific countries without prior notice to the Partner if these actions result from changes in laws, regulations, or requirements imposed by third-parties to Mews.

6.3 Fees. At its sole discretion and at any time, Mews may change the BWH CRS Connection Fees, including price and billing frequency, as specified in these Terms and/or the Agreement.

7.1 The Partner agrees that Mews, or its suppliers, retain all rights, titles, and interests — including all Intellectual Property Rights — in the BWH CRS Connection, as well as any derivative works, modifications, or improvements thereof. This remains true regardless of whether such BWH CRS Connection was developed in collaboration with Best Western International Inc. (or any of its Affiliates) or the Partner or upon their request. Except as expressly stated herein, no rights in the BWH CRS Connection are granted to the Partner.

7.2 Subject to the Partner's payment of the BWH CRS Connection Fees and contingent upon the completion of the development of the BWH CRS Connection, Mews grants the Partner a non-exclusive, non-transferable, and non-sublicensable license to use the BWH CRS Connection, solely for the Partner's business operations during the Term.

8.1 TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE BWH CRS CONNECTION IS PROVIDED BY MEWS “AS IS,” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, MEWS EXPLICITLY DISCLAIMS ALL EXPRESS AND IMPLIED, STATUTORY, OR OTHERWISE CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MEWS MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE BWH CRS CONNECTION. Mews makes no warranty that the BWH CRS Connection will meet the Partner’s requirements or be available on an uninterrupted, secure, virus-free, or error-free basis. Mews makes no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the BWH CRS Connection. The Partner acknowledges and agrees that if the Partner relies on BWH CRS Connection, the Partner does so solely at its own risk.

8.2 The Partner shall defend, indemnify, and hold harmless Mews from and against any and all damages, costs, expenses, fines, penalties, liabilities, claims and causes of action, including, without limitation, reasonable attorneys’ fees, expenses, and costs in the defense and disposition of such matters and in relation to enforcing this indemnification provision (together, “Damages”) in any way arising by reason of or relating to any claim by any third-party (including any governmental authority) arising from or relating to a claim that (i) the Partner has in any way infringed, misappropriated, breached or violated any copyright, patent, trade secret or other intellectual property rights of Mews and/or any third party and (ii) Partner’s gross negligence or willful misconduct, or (iii) Partner’s violation of applicable legislation, this BWH CRS Connection – Product Terms of Use, Mews Marketplace Terms of Service, Mews Master Terms and Conditions.

8.3 NEITHER MEWS, ITS AFFILIATES, CONTRACTORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE BWH CRS CONNECTION WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT COSTS OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LITIGATION COSTS, LOSS OF DATA OR GOODWILL OR PRODUCTION, OR BUSINESS OPPORTUNITIES, OR REPUTATION, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THIS TERMS OR FROM THE USE OF OR INABILITY TO USE THE BWH CRS CONNECTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MEWS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. In no event shall Mews be liable to the Partner for more than the amount of any actual direct damages up to the amount paid by the Partner hereunder for the BWH CRS Connection to Mews giving rise to liability in the three (3) months preceding the first incident from which the liability arose. The Parties agree that this clause represents a reasonable allocation of risks. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO PARTNERS. HOWEVER, IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

9.1 In the event the BWH CRS Connection is not certified, Mews and BWH Hotel Group will decide whether the development will continue. The Partner acknowledges that Mews cannot or will the BWH CRS Connection without prior approval and consent from the BWH Hotel Group.

9.2 Any decision agreed between Mews and BWH Hotel Group will be applicable to the purchase of the BWH CRS Connectivity by the Partner, including but not limited to the connection offering and its technical requirements and functionalities.

9.3 The Parties agree that any deviation from this BWH CRS Connection – Product Terms of Use will be set in the Agreement.

9.4 In case of any conflict between the Mews Marketplace Terms of Service, Mews Master Terms and Conditions, this BWH CRS Connection – Product Terms of Use, the order of precedence shall be as follows: this BWH CRS Connection – Product Terms of Use, Mews Master Terms and Conditions, and Mews Marketplace Terms of Service.