Shown below are the current Travelers Advantage Terms and Conditions.
AGREEMENT (this "Agreement") made between Trilegiant Corporation ("Trilegiant "), a Delaware corporation with offices at 6 High Ridge Park, Stamford, CT 06905, providing a service called Travelers Advantage (the "Program"), and the person specified in your membership materials, "you." By enrolling in the Program, you agree to be bound by the terms of this Agreement.
(a) The service which Trilegiant shall provide to you during the term of your membership shall include the travel-related services described below:
(i) Toll Free Reservations Number: a toll-free reservations number (1-800-835-8747), available:
(1) 7 days a week for domestic air, car and hotel reservations through the Program with the exception of 6:00 a.m. MST on 12/25 to 7:30 p.m. MST on 12/25.
(2) Between 8:00 a.m. and 9:00 p.m. EST Monday through Friday, and 8:00 a.m. to 6:30 p.m. EST on Saturday for you to book your international travel, cruise or vacation packages through the Program.
Trilegiant shall provide to you on a timely basis documents necessary for you to obtain travel services for reservations that you make through the Program. Subject to the cancellation and refund policies of the Program's Vendors (as defined below), upon receipt of your request to cancel a travel reservation you made through the Program, Trilegiant shall use its reasonable efforts to obtain from the Vendor a refund of any amount you paid for such reservation, less any applicable cancellation fees or penalties.
(ii) Low Price Guarantee: If, after making a flight, car rental, cruise vacation, or hotel reservation through the Program, you find that a lower price was available at the time of purchase through another travel service, online or otherwise, call the Program that same day and provide the following information: (1) your membership number, (2) your confirmation number and the price of the itinerary purchased through the Program, and (3) details regarding the lower-priced itinerary, including name of travel service, exact itinerary details, price of itinerary, and where you found the lower-priced itinerary. Upon confirmation, the Program will match the price. Or call within 30 days after the date of your purchase from the Program, provide the information listed above, and upon confirmation the Program will refund the difference between the Program's price and the lower price offered by the other travel service. The refund will be paid by check and mailed to you at the address contained in your member profile. All claims for refunds must be submitted to the Program within 30 days after the date you made your reservation with the Program. The lower price must be published, available to the general public, and for the identical itinerary (including, but not limited to, your date of travel, vendor, departure time, hotel location, and type of room or car rental, as applicable). To be eligible for this benefit, your membership must be active at the time you made your reservation through the Program and at the time you submit your claim for refund. Fares that conceal the airline's identity until purchased, airline Web fares published each week for travel departing that weekend, charter, tour packages, consolidator rates, and group rates are excluded. The Program may request printed materials to be faxed or mailed to the service's attention to assist in claim verification. Terms of Low Price Guarantee benefit are subject to change at any time without notice. The Low Price Guarantee benefit is not insurance and these terms and conditions are not a policy or contract of insurance.
(iii) 5% Cash Back on Travel: Book your trip through the Program, send us a copy of your travel receipts and itinerary, and the Program will mail you a check for 5% of your eligible travel purchases. When you return from your trip, write your name, address, and membership number on all receipts or legible copies of receipts that qualify for 5% Cash Back, attach them to your itinerary, and mail them within 45 days of your return to: Bonus Department, P.O. Box 6126, Westerville, Ohio 43086-6126. To be eligible, your membership must be active at the time of purchase and at the time you submit your receipts for 5% Cash Back. 5% Cash Back applies only to travel purchased through Travelers Advantage. Group travel, meals, taxes, gratuities, and other miscellaneous expenses do not apply.
(iv) Cash Back Network: (1) Purchases made by you online in accordance with this Section 1(a) (iv) are eligible for cash back (the "Cash Back Network"). To qualify for cash back, you must access the participating merchants' Web sites through www.TravelersAdvantage.com (the "Program's Web Site"), and pay for your online purchase. Purchases you make by going directly to a participating merchant's Web site do not qualify for cash back. The Cash Back Network is only available via access to the Program's Web Site. (2) Subject to the terms and conditions described in this Agreement, you will be credited in the form of a check a percentage of the net purchases made by you at the online merchants affiliated with the Cash Back Network (each, an "Affiliated Merchant"). The percentage credited to you will be set forth on the Program's Web Site for each Affiliated Merchant. The net purchase is defined as the total amount paid to the Affiliated Merchant minus tax, gift wrapping, shipping, promotional credits, returns, cancellations, and transaction fees or as is otherwise set forth on the Program's Web Site with respect to such Affiliated Merchant, whichever is less. Purchases made by you from Affiliated Merchants will be deemed a "Qualified Purchase" and will be subject to earn cash back if and only if all of the following criteria are satisfied: (A) "cookies", both first and third party (if applicable), must be enabled on your Web browser; (B) all potential Qualified Purchases must begin by clicking on the Affiliated Merchant's link that appears on the Program's Web Site and being successfully connected to the Affiliated Merchant's Web site based upon that click; and (C) such purchases do not violate any Affiliated Merchant specific terms set forth on the landing page for that merchant. The Program's Web Site may, at all times, route your request to an Affiliated Merchant site through specific links, in order to assure that the sale can be tracked correctly. Any alteration of these links will invalidate your sale, which will not be deemed a Qualified Purchase. The determination of whether a purchase made through an Affiliated Merchant is a "Qualified Purchase" is at the sole discretion of Trilegiant . Cash back awarded to you hereunder is subject to adjustments for returns, cancellations, and other events. Trilegiant may apply such adjustments to your Program's account at any time at its sole discretion. If you disagree with any adjustments made to your Program's account, your sole remedy is to withdraw from the Program. Certain Affiliated Merchants have a list of purchases that are not eligible for accrual or payment of cash back rewards. Those restrictions are set forth on the landing page for that Affiliated Merchant. In addition, prescription medication, monthly deliveries, such as wine-of-the-month clubs and pet foods, gift certificates (with the exception of Spa Wish), and purchases that are picked up at a warehouse or a store location will not be deemed a Qualifying Purchase. In addition, if you place more than ten (10) orders or transactions from a single Affiliated Merchant in any single calendar day, any items contained in orders placed after the tenth order will not be deemed Qualifying Purchases. (3) Accrued cash back for Qualifying Purchases will be sent to you via postal mail to the address on file in your member profile. If there is no address on file, we will retain your cash back until we receive a mailing address from you. It is your responsibility to keep your account information current in order to facilitate your receipt of your cash back rewards. In the event that your information is not current at the time your cash back rewards would otherwise have been paid to you, we will retain such cash back in your account until you provide a valid postal address. You authorize the Program to receive any account information from any Affiliated Merchant including, but not limited to, information regarding the Qualified Purchase such as the products ordered, the order number, the time and date the Qualified Purchase occurred, and the email address entered for the Qualified Purchase.
(v) Cash Back on Checked Baggage Fees: You must be an active member to redeem $15 to $50 cash back on your checked baggage fees. Visit the Program's Web Site to download your claim form, or call the toll-free number in your membership materials to request one. To receive your cash back, you must mail your original receipt or a copy of your receipt for your checked baggage fees prior to the expiration date set forth on your claim form, together with your claim form to P.O Box 6126, Westerville, OH 43086-6126. Receipts must be equal to or greater than $15. Receipts less than $15 will not be processed. No facsimiles of the claim will be accepted. Claim is void if altered, counterfeited, or obtained or used improperly. Claim has no value except when redeemed in accordance with these terms and conditions. Please allow 6 - 8 weeks for your rebate check to be processed. Limit of one claim per membership, minimum of $15 per claim, and up to $50 per claim.
(b) Trilegiant reserves the right to change the terms and conditions of, or any of the benefits described in, this Agreement at any time and without notice. Trilegiant may cancel this Agreement upon written notice and refund of the current term's membership fee unless the reason for such termination is your failure to pay or your misuse of the Program in which event no such refund will be provided.
You agree that you will use the Program only for your own behalf and for members of your immediate family residing in your household. You will be responsible for all use of your membership number and must notify the Program immediately of any unauthorized use of your membership number, or the theft or misplacement of your membership number.
(a) Trilegiant AND ITS AFFILIATES SHALL HAVE NO LIABILITY TO YOU AS A SELLER OF ANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR ANY DEFECTIVE PRODUCTS, PROVIDED TO YOU THROUGH THE PROGRAM. NEITHER Trilegiant NOR ANY OF ITS AFFILIATES MAKE ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD OR INFORMATION DELIVERED OR PROVIDED TO YOU IN CONNECTION WITH THE PROGRAM, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER Trilegiant NOR ANY OF ITS AFFILIATES WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATION REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR, ANY MERCHANDISE, PRODUCTS, OR SERVICES OFFERED OR PROVIDED BY AFFILIATED MERCHANTS OR OTHER VENDORS. NEITHER Trilegiant NOR ANY OF ITS AFFILIATES ASSUME ANY LIABILITY FOR DAMAGES, DIRECT OR INDIRECT, CONSEQUENTIAL OR INCIDENTAL, IN CONNECTION WITH THE PERFORMANCE OF THE SERVICES DESCRIBED HEREIN OR YOUR REQUEST, USE, OR ATTEMPTED USE OF THE SERVICES. IN NO EVENT SHALL Trilegiant 'S AND ITS AFFILIATES' AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT OF THE PROGRAM MEMBERSHIP FEE PAID BY YOU TO Trilegiant . Trilegiant AND ITS AFFILIATES SHALL HAVE NO LIABILITY FOR ANY DELAY OR FAILURE IN PERFORMANCE OR DELIVERY DUE TO ANY CAUSE BEYOND THEIR CONTROL, INCLUDING DELAY DUE TO UNION DISPUTES OR FACTORY PRODUCTION SCHEDULES. (b) All Vendors operate independently of, and are not under the control of, the Program in any way. The Program may provide an index page or other description on the Program's Web Site of certain Affiliated Merchant's terms which is for convenience only. Neither Trilegiant nor any of its affiliates is responsible for changes to, or discontinuance of, any special offer or coupon code. It is your responsibility to make sure that all specials are valid. If you choose to use coupons and specials that are listed on the Affiliated Merchant's landing page, we cannot guarantee that you will be eligible to receive a discount and/or cash back on your purchases. You understand that neither Trilegiant nor any of its affiliates operate or control the products or services offered by third parties, promotional partners or participating Affiliated Merchants or other Vendors. Third-party Web sites and online merchants accessed through the Program are responsible for all aspects of order processing, order fulfillment, shipping and handling, billing, and customer service. Trilegiant 's sole obligation hereunder shall be to forward to the applicable Vendor all payments for services or products ordered, and to forward to you all necessary travel documents for travel reservations made by you, through the Program. Trilegiant is not a party to the transactions entered into between you and the Vendors with which you choose to do business. If you buy products or services from any Vendor you become a customer of such vendor and therefore must direct any comments, complaints or inquiries regarding your purchase to such Vendor, and not to Trilegiant . All rules, policies (including privacy policies) and operating procedures of those Vendors will apply to you while you are using those Vendors' Web sites or local store locations. No reference to a third party product or service indicates an endorsement by the Program. Trilegiant reserves the right to eliminate merchants, including Affiliated Merchants, vendors or suppliers (collectively, "Vendors"), as participants in the Program. Trilegiant is not responsible for any refund to you or any effect on accrual of cash back due to Vendor closure, discontinuance as a participant in the Program or restrictions in the event their products or services are no longer available to you. (c) You agree that any claim with regard to services or products shall be made against the Vendor of such services or products, as applicable, and not Trilegiant . (d) Neither Trilegiant nor any of its affiliates assume any responsibility or liability in connection with the service of any train, vessel, carriage, aircraft, motor vehicle, or other conveyance (collectively, "Vehicle") which may be used, either wholly or in part, in connection with the services ordered, nor will any of them be responsible for any act, error, or omission, or for any injury, loss, accident, delay, or irregularity which may be occasioned by reason of any defect in any Vehicle, or through the neglect of any person engaged in carrying out the purpose for which tickets or coupons are issued including, but not limited to, tour guides, vehicle operators, and hotel administration and staff. Neither Trilegiant nor any of its affiliates shall have any liability in the event any itinerary or arrangements are altered by any Vendor. Any information provided by Trilegiant to you is subject to change without notice. All services ordered are subject to the availability of such services from the applicable Vendor. (e) The terms of this Section 3 shall survive any termination, cancellation or expiration of this Agreement.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS Trilegiant, ITS AFFILIATES, VENDORS AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS AND EMPLOYEES FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE PROGRAM, THE VIOLATION OF THIS AGREEMENT BY YOU, OR THE INFRINGEMENT BY YOU OR ANY OTHER USER OF THE PROGRAM USING YOUR ACCOUNT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY, OR AS A RESULT OF ANY THREATENING, LIBELOUS, OBSCENE, HARASSING OR OFFENSIVE MATERIAL CONTAINED IN ANY COMMUNICATION SENT BY YOU OR OTHER USER OF THE PROGRAM USING YOUR ACCOUNT.
This Agreement, and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with, the laws of the State of Connecticut. The terms of this Section 5 shall survive any termination, cancellation or expiration of this Agreement.
You and Trilegiant agree that any claim or dispute ("Claim") between us shall, at the election of either of us, be resolved by binding arbitration administered by the American Arbitration Association under its rules for consumer arbitrations. It is the parties' intent that this arbitration provision be construed broadly, including that this arbitration agreement include any Claims against Trilegiant as well as its corporate affiliates. You agree that, by entering into this Agreement, you and Trilegiant are each waiving the right to a trial by jury or to participate in a class action. At your request, we will pay the first $125 of your arbitration fees. You will be solely responsible for your arbitration fees and costs in excess of $125. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual Claim. YOU AND Trilegiant AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Trilegiant agree otherwise, the arbitrator may not consolidate more than one person's Claims, and may not otherwise preside over any form of a representative or class proceeding. If the specific provision in the preceding sentence is found to be unenforceable, then the entirety of this arbitration provision in this Section 6 shall be null and void. Notwithstanding any of the foregoing provisions, either party may bring an individual action in small claims court. The parties to this Agreement acknowledge that this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. � 1 et seq. ("FAA"). Judgment upon any arbitration award may be entered in any court having jurisdiction. The arbitrator shall follow substantive law to the extent consistent with the FAA and shall honor any claims or privileges recognized by law. The terms of this Section 6 shall survive any termination, cancellation or expiration of this Agreement.
For your convenience, your membership fee will be automatically billed to the credit or debit card (or to the related checking account) (in each case, designated the billing source) you designated when you enrolled in the Program, in accordance with the billing terms furnished to you at the time of your enrollment in the Program.
Unless you notify Trilegiant that you do not wish to renew your membership, Trilegiant will automatically renew your membership at the end of each term and bill the then-current renewal fee to your designated billing source. You will be notified of any price increase and may cancel your membership if you do not want to continue to be billed at the new price.
(a) You have the right to terminate this Agreement at any time. You may cancel this Agreement by calling 1-800-835-8747, writing to Travelers Advantage, P.O. Box 41307, Nashville, TN, 37204, emailing us at email@example.com or clicking the cancel link on the Contact Us page. Cancel this Agreement during your 30-day for $1.00 trial, and you will owe nothing further; at any time thereafter you will owe nothing further. You will remain liable for any other fees, purchases or charges to be paid pursuant to this Agreement. (b) If Trilegiant determines it is unable to bill the membership fee due hereunder to your designated billing source, Trilegiant shall have the right to terminate this Agreement in which event you will no longer have access to any of the Program's benefits. In addition to Trilegiant 's termination rights set forth above, Trilegiant may elect in its sole discretion to keep this Agreement in effect, but suspend your access to all of the Program's benefits, until such time (if any) as Trilegiant is able to bill the membership fee due hereunder to your designated billing source.
Trilegiant , at its option, may communicate with you regarding the Program by mail, by telephone or by electronic communications. Trilegiant may communicate with you electronically by means of electronic mail to the e-mail address you provide when you sign up for the Program and/or postings to the Program's Web Site. Trilegiant may communicate electronically to you the following types of communications: Membership Terms and Conditions (including any amendments thereto), notices or disclosures regarding the Program, payment and billing authorizations, and other matters relating to your use of the Program. You may contact Trilegiant at the telephone number and address listed above to request another electronic copy of an electronic communication without a fee. You may also request a paper copy of the terms of the payment authorization without a fee. You may contact Trilegiant at the same telephone number or e-mail address listed above to update your contact information or to withdraw your consent to receive electronic communications. Trilegiant reserves the right to terminate your use of the Program if you decline or withdraw your consent to receive electronic communications from Trilegiant . You will need the following software and hardware to access electronic communications sent to you by Trilegiant as part of your Program's membership: IBM or MAC compatible computer, Internet access, a working e-mail address, and Internet Browser (Internet Explorer version 5.2 or a later version). To retain copies of electronic communications, you must print a copy using a printer attached to your computer, or save an electronic copy to your computer's disk or other storage device.
Notice to Consumers about Supplier of Travel: Travel services are provided by Loyalty Travel Agency LLC, who acts only as an agent. State Seller of Travel registration numbers for Loyalty Travel Agency LLC are: California 2097389-50 (registration as a seller of travel does not constitute approval by California. Loyalty Travel Agency LLC is not a participant in the Travel Consumer Restitution Fund); Florida ST38239; Hawaii TAR-6750, Iowa 987; and State of Washington 602 868 200.
Nothing in this Agreement shall be construed as creating or constituting a partnership, joint venture or agency relationship between Trilegiant and the Affiliated Merchants or between Trilegiant and any other Vendor. Neither the Affiliated Merchants nor any other Vendor shall have the ability to create any obligation on behalf of Trilegiant .
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