PRIVÉPASS TERMS AND CONDITIONS OF SERVICE
These Terms and Conditions of Service (“Terms of Service”) govern your membership on PRIVEPASS.com, and its associated mobile sites (the “PRIVÉPASS Sites” or the “Sites”) and your purchases and use of products and services available through the PRIVÉPASS Sites. The PRIVÉPASS Sites are operated by PRIVEPASS LIMITED and/or its subsidiaries and affiliates, including PRIVEPASS (THAILAND) LIMITED (collectively, “PRIVÉPASS”).
By establishing membership on the PRIVÉPASS Sites, or purchasing or using products or services through the PRIVÉPASS Sites, you acknowledge and agree as follows:
These Terms of Service have been executed and delivered by you and constitute a valid and binding agreement between you and PRIVÉPASS, enforceable against you in accordance with their terms. You represent that you are (1) at least 18 years of age, (2) of legal age to form a binding contract, and (3) not a person barred from receiving services under the laws of the Hong Kong, Thailand or other applicable jurisdiction.
You shall establish and use your membership on the PRIVÉPASS Sites, and purchase and use the products and services available through the PRIVÉPASS Sites, in strict compliance with these Terms of Service and all applicable laws, rules and regulations (collectively, “Laws”). All calls, emails and other communications between you and PRIVÉPASS may be recorded.
Establishing a Membership
You may establish membership on the PRIVÉPASS Sites. At a minimum, enrollment requires you to (1) indicate agreement to these Terms and Conditions (2) provide contact information and identification details, and (3) submit any other form of authentication required as part of the enrollment process, in PRIVÉPASS’s sole discretion. You agree to accept responsibility for all activities that occur under your account or password. You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your account. We encourage you to review our Information Security Policy [http://www.privepass.com/info@info_security] for information about some of the measures you may take to help protect your account, but we cannot guarantee that implementing such measures will ensure the security of the account or your information.
Use of Membership
You shall not use PRIVÉPASS membership for any purpose competitive to PRIVÉPASS or its affiliates. You will notify PRIVÉPASS immediately by emailing email@example.com of any unauthorized use of your PRIVÉPASS membership or the PRIVÉPASS Sites known to you, whether by you or a third party.
Each membership shall be unique. You may not combine your membership booking with another person’s booking to create one reservation.
You may cancel your PRIVÉPASS membership at any time by emailing a request to cancel your membership to firstname.lastname@example.org. PRIVÉPASS may terminate your membership and refuse any and all current or future use of the PRIVÉPASS Sites or other services, or any portion thereof, (1) in order to comply with applicable Law, (2) if you provide any information that PRIVÉPASS determines, in its sole discretion, to be untrue, inaccurate, not current or incomplete (or if the information becomes untrue, inaccurate, not current or incomplete), (3) if PRIVÉPASS determines, in its sole discretion, that you are using your PRIVÉPASS membership in a manner not permitted by these Terms of Service [http://www.PRIVÉPASS.com/terms-of-service], or (4) in other circumstances, as PRIVÉPASS deems appropriate in its sole discretion. Please note that termination by you or PRIVÉPASS of your PRIVÉPASS membership may result in the termination of your memberships in PRIVÉPASS’s affiliated websites.
PRIVÉPASS may, in its sole discretion, choose to not process or to cancel your reservation in certain circumstances. This may occur, for example, when the booking you wish to reserve is no longer available or has been mispriced, we suspect the reservation request is fraudulent, or in other circumstances PRIVÉPASS deems appropriate in its sole discretion. PRIVÉPASS also reserves the right, in its sole discretion, to take steps to verify your identity to process your reservation. PRIVÉPASS will either not charge you or refund the Charges (as the term is defined in Section 14 of these Terms and Conditions) for reservations that we do not process or cancel.
PRODUCT AND SERVICE AVAILABILITY
In rare cases, a hotel, trip or event may be available when a customer places the order, but becomes unavailable prior to check-in. If this should occur, your sole remedy shall be to contact PRIVÉPASS to make alternative arrangements or to cancel your reservation.
PRODUCT AND SERVICE DESCRIPTIONS
PRIVÉPASS attempts to provide accurate descriptions of products and services on the PRIVÉPASS Sites. Certain products and services available on the PRIVÉPASS Sites may be designated “PRIVÉPASS Verified.” A PRIVÉPASS Verified property has been visited by a PRIVÉPASS editor and deemed to meet PRIVÉPASS standards. PRIVÉPASS does not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free.
If you have any special requests in connection with your PRIVÉPASS itinerary, you must submit them on the PRIVÉPASS Sites at the time you book your reservation. We will pass along any requests we deem reasonable to the relevant service providers. We cannot guarantee, however, that the service providers will fulfill such requests, as such services or amenities may not be available. PRIVÉPASS is not liable for any failure to fulfill a special request, and no cancelation due to any special request not being met shall be allowed.
PRIVÉPASS does not accept booking requests conditioned or contingent on the fulfillment of a special request. We will deem any such booking a “regular” booking with the special request handled as specified in this Section 8.
PRIVÉPASS pre-negotiates certain rates with service providers to facilitate the booking of reservations on your behalf. PRIVÉPASS retains service fees as compensation for facilitating reservations, which vary according to the amount and type of reservation booked through PRIVÉPASS. The rates displayed on the PRIVÉPASS Sites reflect PRIVÉPASS’s pre-negotiated rates, which include the fees retained by PRIVÉPASS.
PRIVÉPASS strives to provide accurate pricing information regarding the products and services available on the PRIVÉPASS Sites. We cannot, however, insure against pricing errors or pricing changes. PRIVÉPASS reserves the right, at its sole discretion, to not process or cancel any bookings placed for a product or service whose price was (1) incorrectly provided as a result of an error, or (2) changed by the service provider. If this occurs, PRIVÉPASS will notify you by email and correct the pricing on the PRIVÉPASS Sites.
If additional charges apply to your booking (including but not limited to the addition of an extra traveler, resort fees or other taxes or incidentals), which charges you do not pay at the time of checkout on the PRIVÉPASS Sites, you will be responsible for paying these charges directly to the service provider.
CANCELLATIONS AND CHANGES TO RESERVATIONS
Cancellations and changes to reservations made through one of our sales are not permitted. With respect to other services and reservations available on the PRIVÉPASS Sites, the rules and restrictions regarding your reservation, as described on the relevant site at the time you make the reservation, will specify whether you may be able to cancel or change your reservation. If a change to or cancelation of your reservation is permitted, you may be charged a cancellation or change fee. You agree to pay any cancellation or change fees that you incur.
To the extent you are eligible to cancel or change your reservation, such cancelation is subject to the property’s cancelation policy noted in your booking confirmation or otherwise provided to you. To the extent any credit or refund is due, such amount will be refunded to you in the original form of payment (i.e., either PRIVÉPASS credit or credited back to the payment card which we originally charged for your booking). All refunds will be paid in the currency in which you originally paid for the booking, as specified by PRIVÉPASS.
You may not sell, auction, barter or transfer your reservation to a third party.
SERVICE PROVIDER RULES AND RESTRICTIONS
Service providers may impose additional rules and restrictions on products and services available through the PRIVÉPASS Sites. Please read these additional terms and conditions carefully. By purchasing products and services through PRIVÉPASS you agree to abide by such additional rules and restrictions, such as the payment of all amounts when due and compliance with the service provider’s rules and restrictions regarding availability, minimum age, maximum occupancy, pet policies, child policies and use of fares, products or services. You agree that any violation of any such service provider’s rules and restrictions may result in cancellation of your reservation, in being denied access to the applicable travel products or services, in forfeiting any Charges (defined below) paid for such reservation, and in being charged by PRIVÉPASS for any costs we incur as a result of such violation.
TAXES AND FEES
The sales or other taxes charged in connection with your booking depend on the location of the event, property or service provider, any rules governing those service providers, or other requirements. Service providers may also charge service fees. You will be able to view the taxes and additional service fees included in a booking before confirming the booking.
PRIVÉPASS bookings do not include any incidental charges, expenses or services, except as specifically described in your itinerary. You are liable for any such incidental charges, expenses or services that you incur or consume during your trip.
ALL RESERVATIONS BOOKED THROUGH PRIVÉPASS MUST BE PREPAID IN FULL. YOU AGREE TO PAY TO PRIVÉPASS THE FEES, COSTS, EXPENSES AND OTHER CHARGES IN CONNECTION WITH YOUR RESERVATION (COLLECTIVELY, THE “CHARGES”). YOU ACKNOWLEDGE AND AGREE THAT THE CHARGES WILL BE BILLED TO YOUR PAYMENT CARD, OR THAT YOU WILL PAY THE CHARGES USING ANOTHER PAYMENT METHOD APPROVED BY PRIVÉPASS.
GIVEN THE NATURE OF TRAVEL SERVICES, WE RECOMMEND THAT YOU OBTAIN INDEPENDENT INSURANCE TO PROVIDE ADEQUATE COVER FOR MEDICAL EXPENSES, PERSONAL ACCIDENT, LOSS OF BAGGAGE AND CURTAILMENT OR CANCELLATION OF YOUR TRIP. PLEASE NOTE THAT SUCH INSURANCE IS NOT INCLUDED WITH YOUR PURCHASE ON PRIVÉPASS UNLESS YOU SEPARATELY PURCHASE SUCH INSURANCE ON THE PRIVÉPASS SITES (WHERE AVAILABLE).
REFERRAL CREDIT PROGRAM
On certain of its Sites, PRIVÉPASS may offer members the ability to earn credits toward future purchases on the PRIVÉPASS Sites when they participate in certain referral and marketing promotions (“Referrals”). By inviting a friend to become a member of PRIVÉPASS, you represent that your friend has consented to being contacted by PRIVÉPASS. PRIVÉPASS will tell your friend that you have provided his or her email address to us for purposes of this contact. You may only earn credits via PRIVÉPASS’s authorized channels. Referrals outside of PRIVÉPASS authorized channels will not result in any Referral credit. You understand that Referral credit is not transferable, may not be auctioned, bartered or sold, may not be pooled with other members, and expires based on the terms of the specific Referral program. You will receive credit only if the friend you invite becomes a PRIVÉPASS member and books a trip or hotel through the PRIVÉPASS Site. If your friend does not follow the directions in an invite email, or if PRIVÉPASS determines that a Referral is not valid, you may not receive credit, or such credit may be removed from your account, and PRIVÉPASS will have no liability to you for your friend’s failure to follow directions. You agree that having multiple PRIVÉPASS accounts is a violation of these Terms and Conditions and that sending invites to alternate email addresses or accounts or otherwise attempting to circumvent PRIVÉPASS’s Referral program system may, without limiting any other PRIVÉPASS rights or remedies, result in forfeiture of your membership and all Referral credits in your account. PRIVÉPASS reserves the right to void Referrals and credits earned if we suspect that the Referrals or credits were earned in a fraudulent manner, in a manner that violates these Terms and Conditions or in a manner otherwise not intended by PRIVÉPASS. You must not conduct your own promotion in connection with our Referral credit program. You may not engage in any promotional, marketing, or other advertising activities on behalf of PRIVÉPASS, including by using any trademarks of PRIVÉPASS.
Credits will appear in your account within approximately 24 hours of the qualifying event. Credits earned via PRIVÉPASS may only be used on the PRIVÉPASS Sites and may not be used toward the purchase of a Gift Card. Referral credits generally expire after one year, unless otherwise notified by PRIVÉPASS. Referral credits may be subject to certain sale restrictions or exclusions. Our Referral credit programs are void where prohibited by law. PRIVÉPASS reserves the right to terminate the Referral credit program at any time, and any credits accrued at that point will expire 60 days after we provide notice of the termination of the program. Should there be any tax liability for the accumulation and/or use of credits, such taxes are the sole responsibility of the participant. You understand that the statistics that PRIVÉPASS may choose to display may not be real-time or accurately reflect the credits you have actually earned. PRIVÉPASS will have no liability for any errors displayed in those statistics.
CONTENT YOU SUBMIT
All notices from PRIVÉPASS intended for receipt by a customer shall be deemed delivered and effective when sent to the email address you provide to PRIVÉPASS.
These Terms of Service constitute the entire agreement of between you and PRIVÉPASS regarding the specific matters herein, and all prior agreements, letters, proposals, discussions and other documents regarding the matters herein are superseded and merged into these Terms of Service.
If any provision of these Terms of Service enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such provision shall be deemed to be restated to reflect the parties’ original intentions as nearly as possible in accordance with applicable laws.
MODIFICATION OF TERMS OF SERVICE
You acknowledge and agree that PRIVÉPASS may, in its sole discretion, modify, add or remove any portion of these Terms of Service at any time and in any manner, including the terms of PRIVÉPASS membership, by posting revised Terms of Service on the Site. You may not amend or modify these Terms of Service under any circumstances. The current version of these Terms of Service is available at [http://www.PRIVÉPASS.com/terms-of-service]. It is your responsibility to check periodically for any changes we make to the Terms of Service. Your continued use of this Site after any changes to the Terms of Service means you accept the changes.
EFFECT OF TERMINATION/SURVIVAL OF SELECTED PROVISIONS
Notwithstanding the expiration or earlier termination of your PRIVÉPASS membership, or any general legal principles to the contrary, any provision of these Terms of Service that impose or contemplate continuing obligations or rights of a party will survive expiration or termination of these Terms of Service.
January 1st, 2012.