1.1. The following definitions shall apply for Loyal by Al Habtoor Group memberships:  

1.2. “Active Members” refers to Members who have actively used/are actively using their Membership. 

1.3. “Loyal Silver ” refers to the basic Tier level which is free of cost upon enrollment. 

1.4. “Loyal Gold ” refers to the second to the highest Tier level which can either be purchased or achieved by reaching a certain spend threshold 

1.5. “Loyal Platinum ” refers to the highest Tier level which can either be purchased or achieved by reaching a certain spend threshold 

1.6. "Loyal by Al Habtoor Group" is the rewards programme offered by the Al Habtoor Group which offers points and other benefits. 

1.7. "Loyal by Al Habtoor Group app" means the downloadable mobile application operated by or on behalf of Al Habtoor Group in connection with the Loyal by Al Habtoor Group™ programme including, but not limited to, the IOS and Android versions thereof. 

1.8. “Al Habtoor Group" means Al Habtoor Group L.L.C., the entity with ultimate responsibility for Loyal by Al Habtoor Group™, or any other company within the same group of companies as Al Habtoor Group. 

1.9. "Member" is a person who is a member of the programme and "Membership" shall be construed accordingly. 

1.10. "Benefits", are the exclusive amenities and services provided to a Member depending on the Member's Tier. 

1.11. "Points Earned" means points accrued by the Member via the mobile application in exchange for their spend. 

1.12. "Points Redeemed" means points spend by the Member via the mobile application as mode of payment. 

1.13. "Points Expired" means points accrued and not been consumed or redeemed. 

1.14. "Tier" means the Membership level of the Member. 

1.15. "Website" refers to www.habtoorloyal.com, a website operated by or on behalf of Al Habtoor Group, where a Member can access details of the Programme.  

2. General - About Loyal by Al Habtoor Group™ membership 

2.1. Membership is issued by, and remains the sole property of Al Habtoor Group. Membership, Tiers and Benefits are offered at the sole discretion of Al Habtoor Group. Al Habtoor Group reserves the right to decline, to issue or to withdraw Membership from a Member at any time. Al Habtoor Group further reserves the right to terminate the validity of the Membership, together with the other benefits attached thereto, at any time and for any reason (including but not limited to use of the programme in a way that is deemed excessive or unreasonable). The withholding or termination of Membership may result in the loss of all Points accumulated at the time of such withdrawal or termination.

2.2. Loyal by Al Habtoor Group has no predetermined termination date and shall continue until such time as Al Habtoor Group decides to terminate the programme with or without notice. Members shall have three (3) months from the date on which the programme termination is announced to continue accumulating Points (the "Notice Period"). Starting on the date of expiry of the Notice Period, the Member shall have a further six (6) months within which they can redeem all the Points they have accumulated. Any unredeemed points during this time will be cancelled automatically when the programme terminates. 

2.3. Al Habtoor Group reserves the right to amend, update, change or delete any aspect of the programme at any time, including the Terms and Conditions and Rules of Use, Tiers, tier eligibility, benefits, Points and promotional offers, even if such changes may affect the value of points or benefits already collected by the Member. It is the responsibility of each Member to remain aware of any such amendments, updates or changes. Al Habtoor Group will publish the latest Terms and Conditions on the website and the Terms and Conditions may also be updated on the Loyal by Al Habtoor Group app. If a Member requires clarification on these Terms and Conditions, he/she should contact Loyal Customer Care Representative at +971 4 704 8844. 

2.4. Al Habtoor Group accepts no responsibility or liability for the withdrawal of any hotels from the Al Habtoor Group portfolio and any partners from the programme, even though such withdrawal may affect the collection of Points available to Members. 

2.5. Al Habtoor Group will endeavor to advise Members on matters of interest, including notifying them of changes to the programme, Points and other benefits. However, Al Habtoor Group accepts no liability for requests or correspondence lost or delayed in the Loyal by Al Habtoor Group app or via electronic mail. Without prejudice to paragraph 1.4 above, Al Habtoor Group is not liable for and reserves the right to correct any errors in pricing, typing or description relating to any aspect of Loyal by Al Habtoor Group. 

2.6. Any correspondence sent to a Member by electronic mail is based on the contact information provided by the Member. All Members are responsible for notifying Al Habtoor Group of any changes in their contact details by either: emailing info@habtoorloyal.com or by calling a Loyal by Al Habtoor Group™ Customer Care Representative at +971 4 704 8844. Members can also update their profile details via the Loyal by Al Habtoor Group™ app and website. Al Habtoor Group must be notified of any change to Member’s name and all such legal or other change. Al Habtoor Group can request that evidence of such change be provided by the Member. 

2.7. The only valid interpretation of the Terms and Conditions shall be that of Al Habtoor Group. 

2.8. These Terms and Conditions are governed by the federal laws of the United Arab Emirates and the laws of the Emirate of Dubai. In the event of any dispute, Members agree to submit to the exclusive jurisdiction of the courts of the Emirate of Dubai. 

2.9. The Loyal by Al Habtoor Group programme is only offered in the participating hotels and outlets in the United Arab Emirates. The list of all participating hotels and outlets is determined by Al Habtoor Group and the details of all participating properties can be found on the Website or can be accessed via the Loyal by Al Habtoor Group Mobile app. Al Habtoor Group reserves the right to amend, update or change the list of participating hotels and outlets at any time, even if such changes may affect the Points or benefits already collected by the Member. 

2.10. The Loyal by Al Habtoor Group Programme, (including Points and any other goods and services given to Members) is provided to the extent permissible by any applicable law without any warranties or guarantees, including implied warranties of satisfactory quality or fitness for a particular purpose. To the extent permissible by any applicable law, Al Habtoor Group excludes all liability and responsibility for itself and its affiliates, partners and agents for loss or damage of whatever nature (including but not limited to loss of profits or anticipated savings, wasted expenditure or attorney's fees) arising from or in connection with a member's participation in the programme. 

2.11. If any provision of these Terms and Conditions is deemed unlawful, void or for any other reason unenforceable, then that provision shall be deemed severed from the Terms and Conditions and shall not affect the validity and enforceability of any other provisions. 

2.12. Al Habtoor Group's failure to exercise or enforce any rights or provisions of the Terms and Conditions will not constitute a waiver of such rights or provisions. 

2.13. Nothing in these Terms and Conditions shall create a contractual relationship with, or cause of action in favour of, any third party. Any rights of any third party to enforce these Terms and Conditions under any applicable legal principle, statute or otherwise are excluded. 

2.14. General words shall not be given a restrictive interpretation by reason of their being preceded or followed by words indicating a particular class of assets, matters or things. 

2.15. The language of the Terms and Conditions shall be English and any and all communications relating there to (including but not limited to any complaints or disputes) shall be conducted in the English language. 

2.16. These Terms and Conditions incorporate by reference the Programme Rules and any other terms and conditions appearing on the website and the Loyal by Al Habtoor Group™ App from time to time and represent the entire agreement between Al Habtoor Group and Members in relation to the programme and supersede any previous agreement between them. Each Member acknowledges that it is not relying on any representation, warranty or other statement relating to the programme which is not set out in these Terms and Conditions. Members shall not be entitled to any remedies in respect of any representation, warranty or other statement (other than those set out in these Terms and Conditions) being false, inaccurate or incomplete unless it was made fraudulently. 

2.17. Each Member is responsible for remaining familiar with these Terms and Conditions. 

3.1. To apply for the Loyal by Al Habtoor Group membership, registration must be completed in full and submitted via the Loyal by Al Habtoor Group App or website.  

3.2. All information required for Membership applications must be supplied accurately and in full, or Al Habtoor Group may reject any application if the required information is not supplied accurately and in full. 

3.3. After the Member is successfully enrolled into the programme, a confirmation email or sms message will be sent to the Member. The Member mobile number will be used to activate the account via the Loyal by Al Habtoor Group App. All Members are required to download and log in to the Loyal by Al Habtoor Group App, in order to benefit. Failure to do so will result in not being provided any points or benefits of Membership. 

3.4. Physical membership cards will not be issued to any Members, as the programme is managed through the Loyal by Al Habtoor Group App. 

3.5. The Loyal by Al Habtoor Group account is non-transferable and may only be used by the Member whose name it is under. The account within the Loyal by Al Habtoor Group App can only be used by the Member and, without limitation, not by the Member’s relatives, friends or acquaintances. Members may be required to provide proof of identification at participating hotels (upon request by any Al Habtoor Group employee) when collecting or redeeming Points or Benefits relating to the programme, in order for the Member’s identity to be confirmed. If a Member fails to provide sufficient proof of their identity upon request, Al Habtoor Group reserves the right to refuse to provide any programme-related services relating to that Member. 

3.6. It is the sole responsibility of the Member to ensure that no person obtains unauthorized access to the Member’s Membership number. The Member is solely responsible for any activity linked to their Membership. Each assigned Loyal by Al Habtoor Group account has an exclusive membership number assigned to it. 

3.7. Membership is available only to individuals and not to companies, partnerships, associations, tour operators, tour companies, travel agents, groups or other entities. 

3.8. Al Habtoor Group may refuse an application for Membership without being required to give a reason for doing so. 

3.9. Members must be twenty-one (21) years of age or over. 

3.10. A Member can only be issued with one Loyal by Al Habtoor Group™ membership number at any given time. Members shall not have multiple Memberships in the programme. Any multiple Memberships held by a Member will be cancelled automatically by Al Habtoor Group without notice to the Member. 

3.11. Membership and any application for membership is void if prohibited by the applicable laws of the Member’s or applicant’s country of residence. 

3.12. Loyal Gold by Al Habtoor Group™ paid Membership can be purchased for AED 1,000 or 1,000 points by submitting the request thru Loyal by Al Habtoor Group mobile app and can be paid in any of the participating hotels front office cashiers. The Loyal Gold member should maintain an AED. 20,000 minimum spend in a year otherwise membership will be downgraded to Loyal Silver status with or without notice. 

3.13. Loyal Platinum by Al Habtoor Group paid Membership can be purchased for AED 1,500 or 1,500 points by submitting the request thru Loyal by Al Habtoor Group mobile app and can be paid in any of the participating hotels front office cashiers. The Loyal Platinum member should maintain an AED. 30,000 minimum spend in a year otherwise membership will be downgraded to Loyal Silver status with or without notice.

4.1. The sale, transfer or barter of any Points or other Loyal by Al Habtoor Group benefits is prohibited. 

4.2. The use of and participation in the programme, including, but not limited to, the collection of Points or other Loyal by Al Habtoor Group benefits may be subject to fees and taxes in the relevant jurisdiction. As a result, Members will be required to pay such fees and taxes as applicable and in accordance with the existing legislation or any similar legislation that may be introduced in the future. Any tax liability, including disclosure, connected with receipt or use of the Loyal by Al Habtoor Group programme is the Member’s responsibility. 

4.3 Only direct payments made by the Member thru cash, credit or debit card is eligible for collection of points and no points will be granted under Company, Travel Agencies nor any third party payments.

4.4. All Room Redemption Reservations while not subject to the above Service Charges and Municipality Fees, however subject to: Tourism Fee of AED20 per bedroom per night. Please note that a four-bedroom villa or suites is charged as four bedrooms (i.e. AED 80 per night for Dubai), 

4.5. Each Member is responsible for remaining familiar with the Points he or she has accumulated. Activity statements will be available to a Member via the Loyal by Al Habtoor Group App as long as such Member is an Active Member.

 

4.6 All Loyal by Al Habtoor Group members are eligible to earn points 10% on the total bill amount spend on hotel room stay in all Dubai Hotels under Al Habtoor Group portfolio except Waldorf Astoria Dubai the Palm Jumeirah. 

4.6.a Habtoor Grand Resort, Autograph Collection 

4.6.b Al Habtoor Polo Resort

4.6.c Habtoor Palace, LXR Hotels & Resorts

4.6.d V Hotel Dubai, Curio Collection by Hilton 

4.6.e Hilton Dubai, Al Habtoor City 

4.6.f Metropolitan Hotel Dubai  

4.7 All Loyal by Al Habtoor Group members are eligible to earn points on total bill amount in any of participating restaurants & bars according to their membership level across Al Habtoor Group portfolio. 

4.7a Loyal Silver members earn 7% in points from the total bill amount (room charges, food and beverages, excluding tourism dirham fee, tobacco & shisha). 

4.7b Loyal Gold members earn 10% in points from the total bill amount (food and beverages excluding tourism dirham fee, tobacco & shisha) 10% on hotel room charges. 

4.7c Loyal Platinum members earn 12% in points from the total bill amount (food and beverages excluding tobacco & shisha) 10% on hotel room charges. 

4.8 Points can be redeemed in any of participating restaurants & bars with the value of 1 Dirham in every 1 point excluding tourism dirham fee, tobacco & shisha. In case of cancellations points cannot be reinstated. No discounts applicable on redemption. 

4.9 Room Night stay redemption can be redeemed in of participating hotels with a minimum points requirement per hotel. In case of cancellations or no shows, points cannot be reinstated. 

4.10 Weddings, Banquets, & Conference are not eligible for earning points.

4.11 Points expires one year after from the same month points earn transaction takes place automatically and cannot be reinstated.

5. Customer Service Support  

5.1. When a Member calls Loyal by Al Habtoor Group Customer Care, for security reasons the Loyal by Al Habtoor Group Customer Care agent will have to request personal information in order to verify the Member’s identity. 

5.2. The Loyal by Al Habtoor Group Customer Care agents will only deal with the Member regarding any queries relating to the Member's account.  

6.1. Members may terminate their Loyal Gold or Platinum by Al Habtoor Group paid Membership by submitting a written termination notice to info@habtoorloyal.com within a maximum of fourteen (14) days from the date of their enrollment into the programme, only if no benefits and points have been redeemed. Once Al Habtoor Group has received a Member’s termination notice within 14 days and provided that the Member has not been actively using his/her Loyal Gold & Platinum by Al Habtoor Group™ Paid Membership, the Member will receive a confirmation of cancellation via electronic mail/sms and the Loyal Gold or Platinum by Al Habtoor Group™ Membership will be terminated immediately. Upon this confirmation of cancellation, the total amount of the Membership fee relating to Loyal Gold or Platinum by Al Habtoor Group™ Membership will be reimbursed to the Member within a minimum of thirty (30) days. The exact date of when the Member will receive his/her refund depends on how and when the Member’s bank processes the transaction. Any request for refunds after such date will not be accepted. 

6.2. Membership shall automatically terminate upon the death or bankruptcy of a Member. Points accumulated prior to these circumstances will be immediately cancelled. 

6.3. Al Habtoor Group reserves the right to suspend or terminate the Membership of any Member, if that Member appears to be using the programme in a manner inconsistent with these Terms and Conditions or intent of the programme or any portion of the programme, including improper use of Points or Benefits. Al Habtoor Group also reserves the right to terminate the Membership of any Member if there are reasonable grounds for suspecting (in the sole discretion of Al Habtoor Group) that the Member has: 

6.3.1. Acted in a manner inconsistent with local or federal laws or regulations;

6.3.2. Breached or violated any of these Terms and Conditions;

6.3.3. Engaged in any fraudulent or dishonest behavior, theft, misconduct or wrong doing in connection with the programme; 

6.3.4. Engaged in any abusive, fraudulent, disruptive, inappropriate, offensive or hostile conduct, whether it be physical, verbal or written in nature, towards any Al Habtoor Group employee or guest; 

6.3.5. Failed to pay any bills or accounts due to any hotel or outlet within the Al Habtoor Group portfolio. 

6.4. Such terminated Membership may result in the loss or cancellation of all accumulated Points and benefits and the loss of any associated Tier status. In addition to the termination of such Membership, Al Habtoor Group shall have the right to take appropriate administrative and/or legal action as it deems fit against the Member, including, without limitation, criminal prosecution.

1. Definitions 

1.1. The following definitions shall apply for Privilege by Al Habtoor Group™ memberships: 

1.2. “Active Members” refers to Members who have actively used/are actively using their Membership. 

1.3. "Privilege by Al Habtoor Group™" is a discount program offered by the Al Habtoor Group to its Associates/Members that provides discounts across Al Habtoor Group listed outlets.  

1.4. "Loyal by Al Habtoor Group™ app" means the downloadable mobile application operated by or on behalf of Al Habtoor Group in connection with the Privilege by Al Habtoor Group™ programme including, but not limited to, the iPhone and Android versions thereof. 

1.5. “Al Habtoor Group" means Al Habtoor Group L.L.C., the entity with ultimate responsibility for Privilege by Al Habtoor Group™, or any other company within the same group of companies as Al Habtoor Group. 

1.6. "Associate" is a person connected with an organization or business. 

1.7 “Privilege VIP / Privilege Silver / Privilege Gold” is assigned to eligible include members of Habtoor Hospitality in qualifying management grade and above. Selected executives from Al Habtoor Group and other divisions including Al Habtoor Motors, Emirates International Schools, Diamond Lease and partner properties. 

1.13. “Privileges” means discounts or other benefits. 

1.14. "Website" refers to www.habtoorloyal.com, a website operated by or on behalf of Al Habtoor Group, where a Member can access details of the Programme.  

2. General - About Privilege by Al Habtoor Group™ membership 

2.1. Privilege membership is issued by, and remains the sole property of Al Habtoor Group. Discounts and Benefits are offered at the sole discretion of Al Habtoor Group. Al Habtoor Group reserves the right to decline, to issue or to withdraw the Privilege membership at any time. Al Habtoor Group further reserves the right to terminate the validity of the Privilege membership, together with the other benefits attached thereto, at any time and for any reason (including but not limited to use of the benefits in a way that is deemed excessive or unreasonable). The withholding or termination of Privileges may result in the loss of all benefits at the time of such withdrawal or termination.

2.3. Al Habtoor Group reserves the right to amend, update, change or delete any aspect of the Privilege memberships at any time, including the Terms and Conditions and Rules of Use, Tiers, tier eligibility, benefits, and promotional offers, even if such changes may affect the value of the benefits. It is the responsibility of each Associates/Members to remain aware of any such amendments, updates or changes. Al Habtoor Group will publish the latest Terms and Conditions on the website and the Terms and Conditions may also be updated on the Loyal by Al Habtoor Group app. If Associates/Members requires clarification on these Terms and Conditions, he/she should contact Loyal Customer Care Representative at +971 4 704 8844. 

2.4. Al Habtoor Group accepts no responsibility or liability for the withdrawal of any hotels from the Al Habtoor Group portfolio and any partners from the programme.  

2.5. Al Habtoor Group will endeavor to advise Associates/Members on matters of interest, including notifying them of changes to the programme. However, Al Habtoor Group accepts no liability for requests or correspondence lost or delayed in the Loyal by Al Habtoor Group app or via electronic mail. Al Habtoor Group is not liable for and reserves the right to correct any errors in pricing, typing or description relating to any aspect of Privilege memberships by Al Habtoor Group. 

2.6. Any correspondence sent to a Associate/Member by electronic mail is based on the contact information provided by the Member. All Members are responsible for notifying Al Habtoor Group of any changes in their contact details by either: emailing info@habtoorloyal.com or by calling a Loyal by Al Habtoor Group™ Customer Care Representative at +971 4 704 8844. Members can also update their profile details via the Privilege by Al Habtoor Group™ app and website. 

2.7. The only valid interpretation of the Terms and Conditions shall be that of Al Habtoor Group. 

2.8. These Terms and Conditions are governed by the federal laws of the United Arab Emirates and the laws of the Emirate of Dubai. In the event of any dispute, Members agree to submit to the exclusive jurisdiction of the courts of the Emirate of Dubai. 

2.9. The Privilege membership by Al Habtoor Group, (including discounts and any other goods and services given to Associates/Members) is provided to the extent permissible by any applicable law without any warranties or guarantees, including implied warranties of satisfactory quality or fitness for a particular purpose. To the extent permissible by any applicable law, Al Habtoor Group excludes all liability and responsibility for itself and its affiliates, partners and agents for loss or damage of whatever nature (including but not limited to loss of profits or anticipated savings, wasted expenditure or attorney's fees) arising from or in connection with an Associates/Members participation in the programme. 

2.10. If any provision of these Terms and Conditions is deemed unlawful, void or for any other reason unenforceable, then that provision shall be deemed severed from the Terms and Conditions and shall not affect the validity and enforceability of any other provisions. 

2.11. Al Habtoor Group's failure to exercise or enforce any rights or provisions of the Terms and Conditions will not constitute a waiver of such rights or provisions. 

2.12. Nothing in these Terms and Conditions shall create a contractual relationship with, or cause of action in favour of, any third party. Any rights of any third party to enforce these Terms and Conditions under any applicable legal principle, statute or otherwise are excluded. 

2.13. General words shall not be given a restrictive interpretation by reason of their being preceded or followed by words indicating a particular class of assets, matters or things. 

2.14. The language of the Terms and Conditions shall be English and any and all communications relating there to (including but not limited to any complaints or disputes) shall be conducted in the English language. 

2.15. These Terms and Conditions incorporate by reference the Programme Rules and any other terms and conditions appearing on the website and the Loyal by Al Habtoor Group™ App from time to time and represent the entire agreement between Al Habtoor Group and Associates/Members in relation to the programme and supersede any previous agreement between them. Each Associates/Members acknowledges that it is not relying on any representation, warranty or other statement relating to the programme which is not set out in these Terms and Conditions. Associates/Members shall not be entitled to any remedies in respect of any representation, warranty or other statement (other than those set out in these Terms and Conditions) being false, inaccurate or incomplete unless it was made fraudulently. 

2.16. Each Associate/Member is responsible for remaining familiar with these Terms and Conditions. 

3. Application for Privileges (Enrollment) 

3.1. Eligible Associate/Member will be automatically enrolled in Privilege by Al Habtoor Group™. 

3.2. After the Associate/Member is successfully enrolled into the programme, a confirmation email and text message will be sent to the Associate. The Associate/Member mobile number will be used to activate the account via the Loyal by Al Habtoor Group App. All Eligible Associates/Members are required to download and log in to the Loyal by Al Habtoor Group App, in order to benefit. Failure to do so will result in not being provided any points or benefits of Membership. 

3.3. Physical membership cards will not be issued to any Members, as the programme is managed through the Loyal by Al Habtoor Group App. 

3.4. The Privilege by Al Habtoor Group account is non-transferable and may only be used by the Associate/Member whose name it is under. The account within the Privilege by Al Habtoor Group App can only be used by the Associate/Member and, without limitation, not by the Member’s relatives, friends or acquaintances. Associates/Members may be required to provide proof of identification at participating hotels (upon request by any Al Habtoor Group employee) when collecting the benefits relating to the programme, in order for the Associates’ identity to be confirmed. If an Associate/Member fails to provide sufficient proof of their identity upon request, Al Habtoor Group reserves the right to refuse to provide any programme-related services relating to that Associate. 

3.5. It is the sole responsibility of the Associate/Member to ensure that no person obtains unauthorized access to the Associates/Members Membership number. The Associate/Member is solely responsible for any activity linked to their Membership. Each assigned Privilege by Al Habtoor Group account has an exclusive membership number assigned to it. 

3.6. An Associate/Member can only be issued with one Privilege by Al Habtoor Group™ membership number at any given time. 

5. Customer Service Support  

5.1. When a Member calls Loyal by Al Habtoor Group™ Customer Care, for security reasons the Loyal by Al Habtoor Group™ Customer Care agent will have to request personal information in order to verify the Associates/Members identity. 

5.2. The Privilege memberships by Al Habtoor Group™ Customer Care agents will only deal with the Member regarding any queries relating to the Associates’ account.  

6. Termination of Membership 

6.1. Membership shall automatically terminate upon the death or bankruptcy of a Member. Points accumulated prior to these circumstances will be immediately cancelled. 

6.2. Al Habtoor Group reserves the right to suspend or terminate the Membership of any Associates, if that Associates/Members appears to be using the programme in a manner inconsistent with these Terms and Conditions or intent of the programme or any portion of the programme, including improper use of discounts or Benefits. Al Habtoor Group also reserves the right to terminate the Membership of any Associates/Members if there are reasonable grounds for suspecting (in the sole discretion of Al Habtoor Group) that the Member has: 

6.2.1. Acted in a manner inconsistent with local or federal laws or regulations;

6.2.2. Breached or violated any of these Terms and Conditions; 

6.2.3. Engaged in any fraudulent or dishonest behavior, theft, misconduct or wrong doing in connection with the programme; 

6.2.4. Engaged in any abusive, fraudulent, disruptive, inappropriate, offensive or hostile conduct, whether it be physical, verbal or written in nature, towards any Al Habtoor Group employee or guest; 

6.2.5. Failed to pay any bills or accounts due to any hotel or outlet within the Al Habtoor Group portfolio. 

6.3. Such terminated Membership may result in the loss or cancellation of all benefits and the loss of any associated Tier status. In addition to the termination of such Membership, Al Habtoor Group shall have the right to take appropriate administrative and/or legal action as it deems fit against the Member, including, without limitation, criminal prosecution.