条款

条款

"These terms and conditions set out the relationship between Marco Polo Hotels and Members of the Tai Pan Club. These terms and conditions should be read carefully particularly as they include limitations and exclusions on the liability of Marco Polo Hotels."

Definitions

In these terms and conditions, the following expressions shall have the following meanings except where the context otherwise requires:

General Conditions

1. Tai Pan Club is managed and operated by Marco Polo Hotels. Tai Pan Club membership and its benefits and services are offered at the sole discretion of Marco Polo Hotels.
2. Marco Polo Hotels is duly authorised by its affiliates to represent and act on behalf of all hotels operated or managed by its affiliates, to enter into this contract with Members.
3. Marco Polo Hotels reserves the right to modify, change or alter the structure of the Programme, benefits and services or other features including these terms and conditions at any time at its sole discretion with or without notice to the Members and Marco Polo Hotels will not be liable for any loss or damage to any Members, Business Partners, Hotel Partners or any other party resulting therefrom. It is the responsibility of Members to keep themselves up-to-date in respect of the Programme and these terms and conditions. By continued use of membership, Member will be deemed as acceptance of any amendment to these terms and conditions or to the Programme.
4. The Programme has no predetermined termination date and Marco Polo Hotels reserves the right to terminate the Programme at any time at its sole discretion and will not be liable for any loss or damage to any Members, Business Partners, Hotel Partners or any other party as a result of the termination of the Programme.
5. Marco Polo Hotels will not be liable for any loss or damage to any Members resulting from the alteration of or termination of their right to earn or redeem airline mileage for the reasons stated in clause 3 or 4 hereof or any reason beyond the control of Marco Polo Hotels.
6. The Programme benefits, services and terms and conditions apply to all Marco Polo hotels so far as the circumstances may be permissible.
7. All interpretations of these terms and conditions shall be at the sole discretion of Marco Polo Hotels.

Membership

1. Only individuals aged 18 or above are eligible to be invited to enroll in the Tai Pan Club.
2. Membership is not open to companies, partnerships, unincorporated associations or similar entities.
3. Membership is accepted at the sole discretion of Marco Polo Hotels and Marco Polo Hotels may refuse membership to any applicant.
4. Members will be issued with a membership number and membership card. Applicant will be admitted to membership on the date they sign the membership card or the date they first quote their membership number to Marco Polo Hotels, its affiliates, Hotel Partners or Business Partners. The use of this number/membership card and associated benefits and services is deemed to be acceptance of these terms and conditions and other term and conditions of the Tai Pan Club issued from time to time by Marco Polo Hotels.
5. Membership cards remain the property of Marco Polo Hotels and must be returned upon request.
6. Membership of the Tai Pan Club, membership cards and associated benefits and services are not transferable in any circumstances and may only be used by the Member and valid for individual travels only.

Three Levels of Membership: Classic, Executive and Premium

1. Classic membership is offered to all newly enrolled Members.
   Guests are required to record at least 3 room nights with any Marco Polo hotel at a Qualifying Rate in order to be invited to membership and have recorded at least 1 Qualifying Stay at a Qualifying Rate in the course of the Expiring Programme year in order to retain Classic Member status.
2. Members are required to have, in the course of the Expiring Programme Year, recorded a minimum of 25 room nights OR 6 Qualifying Stays with any Marco Polo hotel at a Qualifying Rate in order to achieve or retain Executive Member status.
3. Members are required to have, in the course of the Expiring Programme Year, recorded a minimum of 50 room nights OR 10 Qualifying Stays with any Marco Polo hotel at a Qualifying Rate in order to achieve or retain Premium Member status.

Renewal and Upgrade of Membership

1. Each Member status will be reviewed at the end of each Expiring Programme Year. Renewal of membership is subject to the sole discretion of Marco Polo Hotels.
2. A Member must re-qualify each year for the following year's membership. Only Qualifying Stays and /or room nights at Qualifying Rates will be counted towards upgrade or re-qualification of membership.

Membership Termination

1. Marco Polo Hotels may forthwith terminate the membership of a Member and the right of a Member to use his/her membership card if a Member commits misconduct or fraud, misuses the Programme benefits and services and of its facilities or fails to follow these terms and conditions or uses in a manner inconsistent with the intent of the Programme or any portion of the Programme.
2. Members may terminate their membership at any time by giving written notice to Marco Polo Hotels and returning their membership card.
3. Marco Polo Hotels reserve the right to terminate the membership of a Member at its sole and complete discretion with or without notice to the Member.
4. Termination of membership for whatever reason shall be without prejudice to the accrued rights and remedies of Marco Polo Hotels.
5. In any event of termination of membership a Member must forthwith return his/her membership card to Marco Polo Hotels.

Tai Pan Club Associated Benefits and Services

1. The Tai Pan Club's associated benefits and services for Classic, Executive and Premium membership are listed below and will be amended from time to time:

   Member Benefits	Classic	Executive	Premium
   Airline partner mileage	Basic Miles	Basic Miles	Basic Miles
   Bonus airline mileage (offered only by specific airline partners)		25%	50%
   Designated check-in & check out area
   Room availability guarantee		72 hrs	48 hrs
   Priority wait list			1st Priority
   Upgrade to next room category		US$10 per night	Compli- mentary
   Early check-in on request at time of reservation			10AM
   Late check-out	4PM	4PM	6PM
   Breakfast at hotel outlets or by room service		50% discount	Compli- mentary
   Partner stays free (same room) and enjoy same breakfast benefit
   Daily newspaper offered by hotel	1 Local	1 Intl. & 1 local	1 Intl. & 1 local
   Free local calls
   Broadband internet access		50% discount	Compli- mentary
   Mini-bar usage discount	20%	25%	30%
   Complimentary use of hotel gym where available
   Laundry, pressing & dry cleaning discount	10%	10%	10%
   Choice of pillows
   Choice of welcome amenities	1	2	3
   Member internet rate
   Programme partner benefits
   Free local faxes at business centre
   Complimentary use of club floor boardroom when not staying on club floor, subject to availability			2 hours

2. Reciprocal Benefits offered by Hotel Partners of Global Hotel Alliance:
   1. Members are eligible to enjoy the basic programme benefits as offered by Hotel Partners of Global Hotel Alliance when staying at a Global Hotel Alliance partner hotel; and
   2. Programme members of Global Hotel Alliance hotels will enjoy the Tai Pan Club associated benefits and services of Classic Members when staying at a Marco Polo hotel.
3. Mileage of the Frequent Flyer Programme ("FFP")
   1. Member who stays at any Marco Polo hotel at a Qualifying Rate will be entitled to airline mileage on per Qualifying Stay basis.
   2. Mileage will be credited into the Member's personal airline account according to his/her own choice of the airline partner of Marco Polo Hotels in the Frequent Flyer Programme ("Airline Partner").
   3. The basic number of miles a Member can earn will be different under different programmes of the Airline Partners.
   4. For a Qualifying Stay, Executive Member can enjoy an additional 25% of the basic number of miles as bonus mileage offered only by specific Airline Partners participating in the bonus scheme of Tai Pan Club.
   5. For a Qualifying Stay, Premium Member can enjoy an additional 50% of the basic number of miles as bonus mileage offered only by specific Airline Partners participating in the bonus scheme of Tai Pan Club.
   6. List of Airline Partners specifically joining the bonus scheme is available upon request at tpc@marcopolohotels.com.
4. All Tai Pan Club associated benefits and services are subject to changes and withdrawals at sole discretion of Marco Polo Hotels at any time without prior notice to the Members. Marco Polo Hotels will not be liable for any loss or damage to any Members, Business Partners, Hotel Partners of the Global Hotel Alliance, its affiliates or any party resulting therefrom.
5. Details of any changes and withdrawals of the Tai Pan Club associated benefits and services are available upon request from the Marco Polo Hotels' Loyalty & Partnerships Service Centre at tpc@marcopolohotels.com.

Data Privacy

1. The personal data supplied by Members is required for the operation, administration and management of the Tai Pan Club, related guest loyalty programmes operated by Hotel Partners and the delivery of associated benefits and services of the Tai Pan Club by Marco Polo Hotels, its affiliates, Hotel Partners and Business Partners. Personal data may also be used for promotion, marketing, ongoing research and programme development and to communicate news and information about the Tai Pan Club to Members. Failure by Members to provide or keep required data up to date may result in Marco Polo Hotels being unable to offer the Tai Pan Club membership and associated benefits and services. In such cases, membership of the Tai Pan Club may be refused or terminated.
2. Members consent to their personal data being supplied to Marco Polo Hotels, its affiliates, Business Partners, Hotel Partners, agents and contractors for purposes as stated in clause 1 hereof and their personal data being transferred to other countries whether or not such countries have data protection laws.
3. All information is managed in accordance with the Hong Kong Personal Data (Privacy) Ordinance. Consent of Members to receive marketing communications about other products, benefits, services or facilities offered by Marco Polo Hotels, its affiliates, Business Partners and Hotels Partners is requested at the time of enrolment. Members have the right not to receive such communications from either Marco Polo Hotels or its affiliates, Business Partners or Hotel Partners.
4. Members have the right to request to review and correct any personal data held by Marco Polo Hotels. In such circumstance, Members should contact the Marco Polo Hotels' Loyalty & Partnerships Service Centre by email at tpc@marcopolohotels.com.
5. Members are responsible for keeping Marco Polo Hotels their up-to-date correct personal details. Marco Polo Hotels is not responsible for any loss as a result of a Member's failure to notify of a change in address.

Exclusion and Limitation of Liability and Miscellaneous

1. Marco Polo Hotels shall not be liable to any Members for any indirect or consequential loss, damage or expense of any kind whatsoever arising out of or in connection with the Tai Pan Club and/or the use of or the unavailability of benefits, services or facilities of the Tai Pan Club and/or the provision or the refusal to provide any benefits, services or facilities, whether such loss, damage or expense is caused by negligence or otherwise, and whether Marco Polo Hotels has any control over the circumstances giving rise to the claim or not.
2. Marco Polo Hotels will endeavor to ensure the availability of benefits and services of the Tai Pan Club when these are provided by its affiliates, Business Partners, Hotel Partners or any party but will not be liable for any loss arising from the failure by its affiliates, Business Partners, Hotel Partners or any party to provide such services and products. Where a Member uses the services provided by its affiliates, Business Partners, Hotel Partners or any party, the terms and conditions of its affiliates, Business Partners, Hotel Partners or such party will apply and Marco Polo Hotels will not be liable for any loss.
3. Except as provided in these terms and conditions mileage earned by the Members are not transferable in any way and cannot be bequeathed, devised or otherwise transferred by operation of law.
4. Marco Polo Hotels will not be liable for any loss or damage if, by reason of local legal or regulatory prohibitions or restrictions, the Tai Pan Club or the whole or any part of the benefits and services whether provided by Marco Polo Hotels, its affiliates, Business Partners, Hotel Partners or any party cannot be available in certain countries or to certain Members.
5. The failure by Marco Polo Hotels to exercise or enforce any rights herein contained shall not be deemed to be a waiver thereof nor shall it affect entitlement of Marco Polo Hotels to take any subsequent action in respect of that right or of any other right.
6. Should any provision of these terms and conditions be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of these terms and conditions. All provisions not affected by such invalidity or unenforceability shall remain in full force and effect.
7. Marco Polo Hotels confirms that it will operate the Tai Pan Club and provide the Tai Pan Club benefits, services and facilities with reasonable care and skill, however, Marco Polo Hotels does not in any way warrant that the Tai Pan Club benefits, services and facilities and benefits will always be available and all terms expressed or implied by statue or otherwise on the part of Marco Polo Hotels are hereby excluded to the fullest extent permitted by law.
8. These terms and conditions constitute the entire agreement and understanding of Marco Polo Hotels and the Member and supersede all prior written or oral representations, agreements or understandings between them relating to the subject matter of these terms and conditions (including any misrepresentation made by Marco Polo Hotels), other than any fraudulent misrepresentation made by a party to induce the other party to enter into these terms and conditions.

Law and Jurisdiction

These terms and conditions and the relationship between Marco Polo Hotels and each Member are governed by Hong Kong law. By using the Tai Pan Club each Member submits to the non-exclusive jurisdiction of the Hong Kong courts.

For any queries regarding the Tai Pan Club, please contact Marco Polo Hotels' Loyalty & Partnerships Service Centre by email at tpc@marcopolohotels.com or by mail to Loyalty & Partnerships Service Centre, Marco Polo Hotels, 5/F Marco Polo Hongkong Hotel, Harbour City, Kowloon, Hong Kong.