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| Participant Agreement
Please read the following information governing this Card and retain it for your records.
This Card may not be used by persons under 18 years of age residing in Finland, Italy, France or Portugal.
Please sign the Card immediately, as it may not be accepted unless it has been signed. By accepting and retaining the Card, signing the Card or using the Card, you agree to all the terms and conditions in this participant agreement.
You agree that we may make changes to these terms and conditions at any time and will endeavour to give you as much notice as we reasonably can.
We will post such changes as soon as possible on our website or inform you by other means of communication. You have a duty to review the current terms and conditions on the Internet address which is printed on the enclosed literature, the card carrier attached to the Card, and on the back of the Card. Changes may be made to these terms and conditions as required by changes in applicable law, or in support of programme changes. Any such changes are expected to be minor. If you do not expressly disagree or object to the inclusion of the changes or amendments within 4 weeks, the changes and amendments will be deemed accepted by you and validly included in the terms and conditions. Should you disagree or object to the inclusion of the changes, you shall withdraw from the programme and request us to cancel the Card as directed in the Data Protection section below.
In particular, please note the section relating to Data Protection below.
As used herein, “Card” means the awards Card issued to you. The term “Agreement” means the participant agreement attached to or enclosed with the Card, as it may be amended from time to time as noted above. The terms “you and your” means the person to whom the Card was issued or given. “We, our, us and AEIS” refer to American Express Incentive Services, LLC, as the issuer of the Card. The term “Sponsor” or “Sponsors” (as the case may be) refers to the company or companies that have requested that the Card be issued to you and that provides the funding for the Card to AEIS.
How the Card works.
The Card is a special awards card providing you with access to a fixed number of points which have been awarded to you by your Sponsor. The Card is not a credit card or debit card, nor a cheque guarantee card and cannot be used for these purposes or to obtain cash from automated teller machines nor should the Card be used for identification or other purposes not specified in this Agreement. Points have no cash value, and the Card and your associated points cannot be converted to cash or cash equivalent at any time nor can funds from any other source be transferred to the Card. The Card provides you access to a fixed number of points on the Card. You cannot increase the points on the Card.
Once all the points on your Card have been used, the Card is invalid and cannot be renewed. See your Sponsor if you wish to apply for a new Card in connection with additional points you have accumulated with your Sponsor.
The points on the Card may be used to obtain hotel accommodations and incidental room charges at selected participating lodging establishments (see below). During processing at the relevant lodging establishment, provide the Card upon check out, and please choose the credit instead of debit option. Do not use the Card to make reservations; only use the Card upon check out.
Points are removed from your points balance on the Card at the time you use them in connection with such charges. You may enquire about transactions conducted with the Card and the Card balance by contacting us at the Internet address or customer service telephone number located on the back of the Card. We do not mail written statements of your points. If the number of points on the Card is incorrect due to an error or mistake, we reserve the right to make reasonable adjustments or corrections to the number of points available to you and we will explain to you the basis for any such adjustments or corrections.
Rights to use the Card and associated offers are void where prohibited by law.
This Card is our property and we reserve the right to suspend or cancel your right to use it at anytime without cause and with or without notice.
| | Where to use the Card.
The Card operates on the American Express payment transaction system and is recognised only at selected lodging establishments that accept American Express cards (“Participating Hotels”). Please refer to the materials sent to you and to the information available at the Internet address on the back of the Card for information regarding Participating Hotels. The Card is not transferable and cannot be used by anyone other than yourself.
Using points balances.
Points are awarded when your Sponsor tells us that you have undertaken a transaction which entitles you to earn points.
We are not responsible for any failure, delay or error by a Sponsor in notifying us of points to be issued in respect of this Card. Each point can be used to pay for hotel accommodation and incidental room charges at Participating Hotels at the time of checkout at the rate of €1 per point. If you use your Card outside a Euro-based country, the value of your points will be calculated at the then current exchange rate used on the American Express payment transaction system, rounded up to the nearest point.
If the amount you need is greater than the amount available on your Card, the difference can be paid for with cash, a personal cheque or credit / debit card. Some Participating Hotels may accept all forms of payment; others may not.
Example: you have 100 points on your Card, which can be redeemed at a rate of €100 and you wish to use them to obtain hotel accommodations at a value of €125. The appropriate procedure is to utilise the full 100 points value of the Card and to pay for the remaining amount with an alternative form of payment.
If you use the Card intentionally or wilfully for transactions exceeding the number of points available on the Card and/or you attempt to use the Card at any business other than a Participating Hotel, the Card will be terminated. You will be required to pay us the “overdrawn” amount and in addition a service fee of €12 or if used outside a Euro-based country, the equivalent of €12 calculated at the then current exchange rate used on the American Express payment transaction system, rounded up to the nearest point, will be charged, subject to applicable law.
Award Offerings and Participating Hotels.
Participating Hotels may change without notice. All accommodations are subject to information provided by and any terms and conditions specified by Participating Hotels from time to time and are subject to availability. We are not responsible for errors or omissions in information relating to accommodations offered by Participating Hotels.
Card security.
You should make every reasonable effort to safeguard the Card and its account number from unauthorised use. It is your responsibility to inform the Customer Service Centre immediately of lost or stolen Cards by telephone or otherwise.
For each replacement Card issued (except the first one), there will be a 12 point charge, which will be deducted from your points balance. The replacement Card will have the same “valid until” date as the Card being replaced, along with any remaining balance at the time you request a replacement Card. If you lose the Card or if you believe someone has stolen or used or might use the Card issued to you, you must notify the Customer Service Centre at once. If the Card is lost or stolen and the points are used by another individual, we, the Sponsors, American Express Travel Related Services Company, Inc., and their respective parents, subsidiaries and affiliated companies are not responsible for reissuing lost or stolen points or unauthorised use of points or the Card.
You may be required to provide additional information regarding any lost or stolen Card. Do not attempt to use the Card after you have notified the Customer Service Centre of its loss or potential misuse, even if you find it or have it returned to you. PLEASE SAFEGUARD THE CARD SECURELY AND TELL US IMMEDIATELY IF THE CARD IS LOST OR STOLEN. UNFORTUNATELY, NO REPLACEMENT POINTS WILL BE PROVIDED FOR POINTS DEDUCTED FROM ANY LOST/STOLEN CARD BEFORE YOU NOTIFY US.
Card misuse.
In the case of misuse of the Card, it may be suspended or terminated and all points forfeited. You must return the Card to us upon request. We may also issue a new Card at any time.
| | Card expiry.
Once you have used all the points on the Card, the Card cannot be used further and is invalid for all purposes. It cannot be renewed. Once you have used all the points on the Card, please cut it up and dispose of it. Any attempts to use the Card after all the points have been used will be denied. See your Sponsor if you wish to apply for a new Card in connection with additional points you have accumulated with your Sponsor.
There is a “valid until” date on the front of the Card. You MUST use the points on the Card on or prior to the last day of the month of the valid until date. After that date, the Card cannot be used and is invalid for all purposes. After the valid until date, please cut up the Card and dispose of it. Any attempt to use the Card after the valid until date shall be denied. SUBJECT TO APPLICABLE LAW, ANY POINTS REMAINING ON THE CARD AFTER THE “VALID UNTIL” DATE ARE IRREVOCABLY FORFEITED. Invalid Cards are not replaceable, refundable or returnable.
Countries of use.
The Card is only valid at Participating Hotels internationally as described in the materials that accompanied the Card.
Liability.
We, American Express Travel Related Services Company, Inc. and our respective parents, subsidiaries and affiliated companies (collectively “the Card Companies”) do not maintain any control over inter alia, the personnel, equipment or operations of hotels or other persons or entity providing accommodations and related goods and services.
Transactions on which points are earned or redeemed are made by you directly with the Sponsors or Participating Hotels and we have no responsibility for the following:
a. delivery, delay in provision, standard, quality or otherwise of any accommodations, goods or services received or supplied or the failure of any Participating Hotels to honour a redemption;
b. should your Card be rejected or refused by any Participating Hotels or Sponsor or any terminal used to process card transactions;
c. for any malfunction, defect or error in any terminal used to process card transactions, or other machines or system of authorisation whether belonging to or operated by us or other persons;
d. for any delay or inability on our part to perform any of our obligations under this Agreement because of any electronic, mechanical, system, data processing or telecommunication defect or failure, Act of God, civil disturbance or any event outside our control or the control of any of our servants, agents or contractors or any fraud or forgery or
e. for any damage to or loss or inability to retrieve any data or information that may be stored in your Card or any microchip or circuit or device in your Card.
These transactions and all rewards are subject to all applicable legal rules and the terms and conditions (including warranties and limitations of liability) of the Sponsor or the Participating Hotel.
To the maximum extent permitted by applicable law, the Card Companies do not make and specifically disclaim any guarantees, warranties or representations of any kind, express or implied, with respect to any accommodations, goods or services supplied and/or performed by the Participating Hotels or others, and shall not be liable for any loss, expense, damage and/or injury incurred as a result of any defect in and/or failure of such items, including without limitation any LIABILITY FOR ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR PURPOSE, REASONABLE CARE AND SKILL, or other implied terms under the sale of goods and supply of services or other statutory laws, in respect of accommodations, goods or services supplied and/or performed by others including the Sponsors or Participating Hotels, nor, to the maximum extent permitted by law, shall the Card Companies be liable for any injury, damage, loss, expense, accident, delay, inconvenience and/ or irregularity which may be caused or contributed to: (1) by any wrongful, negligent or unauthorised act or omission on the part of any Sponsors or Participating Hotels or any of their agents, employees or independent contractors; (2) by any defect in, or failure of any vehicle, equipment, instrumentality, service, product, delivery or accommodation which is owned, operated, furnished, sold or otherwise used by any Sponsor or Participating Hotel; (3) by any wrongful, negligent or unauthorised act or omission on the part of any other person or entity not under the direct control of the Card Companies; and/or (4) by any other cause, condition or event whatsoever beyond the direct control of the Card Companies.
The Card Companies shall not be liable for damages resulting from negligence except for death or personal injury or damages resulting from a fundamental breach of contractual duties.
The warranties provided herein do not affect the consumer’s statutory rights under applicable national laws in force.
Using the Card as a deposit.
You may not use the Card for the settlement of installment payments, delayed payments or as a “hold” in anticipation of future expenditure commitments.
Change of address.
You must notify us immediately of any change of name or address by writing to us at the address below (see Data Protection below). Failure to do so may result in information regarding the Card being misdirected. In such an event, we shall not be responsible for any consequential misuse of points on the Card.
DATA PROTECTION.
BY ACCEPTING AND RETAINING THIS CARD, YOU CONSENT TO THE PROCESSING OF THE PERSONAL INFORMATION YOU PROVIDE US UNTIL THE CONCLUSION OF THE PROGRAMME IN WHICH YOU ARE PARTICIPATING.
YOU MAY CONTACT US AT ANY TIME AT THE ADDRESS BELOW OR AT THE CUSTOMER SERVICE CENTRE AT THE NUMBER ON THE BACK OF THE CARD TO VERIFY AND/OR CORRECT SUCH PERSONAL DATA. THE PERSONAL DATA YOU PROVIDE TO US WILL ONLY BE USED FOR THE PURPOSES OF ADMINISTERING THE CARD PROGRAMME IN WHICH YOU REQUESTED TO PARTICIPATE.
SUCH ADMINISTRATION PURPOSE INCLUDES THE EFFECTIVE OPERA¬TION OF THE PROGRAMME AND ISSUANCE AND SERVICING OF THE CARD AS WELL AS ANY ACTION TO ENHANCE THE QUALITY OF THE CARD PROGRAMME IN WHICH YOU PARTICIPATE. THE PERSONAL INFORMATION WILL NOT BE USED FOR ANY OTHER PURPOSE THAN SET OUT ABOVE AND WILL NOT BE PASSED TO ANY THIRD PARTIES, EXCEPT TO SUCH PERSONS OR ASSOCIATED COMPANIES AS WE CONSIDER NECESSARY FOR ADMINISTERING THE CARD.
YOU RECOGNISE THAT THE PROCESSING OF THE PERSONAL INFOR¬MATION YOU PROVIDE TO US MAY INVOLVE THE INFORMATION BEING TRANSFERRED TO INDIVIDUALS OR ORGANISATIONS OUTSIDE THE JURISDICTION IN WHICH YOU RESIDE (INCLUDING THE UNITED STATES AND THE PHILIPPINES) EVEN THOUGH CONTROLS ON DATA PROTEC¬TION THERE MAY NOT MEET THE REQUIREMENTS IN YOUR COUNTRY. YOU HEREBY EXPRESSLY GIVE YOUR CONSENT TO SUCH CROSS¬BORDER TRANSFERS (INCLUDING THE UNITED STATES AND THE PHILIPPINES) OF SUCH PERSONAL INFORMATION TO THIRD PARTIES FOR THE PURPOSE SET OUT ABOVE. ANY PROCESS INVOLVING PER¬SONAL INFORMATION WILL BE CARRIED OUT IN ACCORDANCE WITH THE APPLICABLE DATA PROTECTION LAWS. YOU MAY WITHDRAW YOUR CONSENT FOR THE PROCESSING OR TRANSFER OF PERSONAL INFORMATION AT ANY TIME. SHOULD YOU NOT WISH TO ACCEPT THESE DATA PROTECTION TERMS AND CONDITIONS, OR WISH TO WITHDRAW YOUR CONSENT AND THEREFORE, CANCEL THE CARD, YOU MUST CUT THE CARD IN HALF, RETURN THE CARD TO US, AND REQUEST WE CANCEL THE CARD AND DISCONTINUE ANY FURTHER USE OF SUCH PERSONAL DATA AT: AMERICAN EXPRESS INCENTIVE SERVICES, 1309 NORTH HIGHWAY DRIVE, ST. LOUIS, MO 63099 USA.
Telephone calls.
From time to time, we may monitor or record our telephone calls with you to ensure the quality of our customer service.
Terminology.
The Card is part of a system and method covered by U.S. Patent Nos. 5,689,100 and 5,956,695; Canadian patent No. 2,215,969; Australia patent No. 691109; Mexico patent No. 214440, and patents pending in Europe, Brazil, and Japan.
This Agreement does not create any right enforceable by any person who is not a party, except that the terms of this Agreement may be enforced by AEIS and/or its parent companies subject to and in accordance with the terms of this Agreement and any applicable law on the contractual rights of third parties.
Save as herein provided, a party may not assign or transfer this Agreement or any rights under it nor purport to do the same, nor subcontract any or all of its obligations. AEIS shall be entitled at any time to assign any of its rights, subcontract any of its obligations or to transfer this Agreement to its parent companies or their subsidiaries or affiliates.
©American Express Incentive Services, L.L.C. 2006
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