General Terms
The following terms and conditions (“Terms and Conditions”), together with our privacy policy and any other documentation brought to your attention, govern your membership with Marchay LLC of 2711 Centerville Road, Wilmington, Delaware, 19808, US(“Marchay”).
Marchay is an exclusive corporate travel program which entitles Members to discounted rates for hotels and travel (“Services”). The Member acknowledges that Marchay has negotiated discounted rates for the benefit of the Member and that Marchay is not responsible for and accepts no liability for the provision of the Services in any way. Responsibility for the provision of the Services lies with the Marchay travel partner with whom your booking is made.
It is the responsibility of every Marchay member (“Member”) to read and to comply with these Terms and Conditions. In these Terms and Conditions, references to “you” and “your” mean the Member.
1. MEMBERSHIP RULES
1.1. Membership in Marchay is void if prohibited by law in the Member’s country of domicile.
1.2. By becoming a Member, you confirm that you are at least eighteen (18) years of age and have read and agree to these Terms and Conditions.
1.3. All Membership applications are subject to verification by Marchay. Marchay will notify you in the event that your Membership application has been accepted. Marchay reserves the right to refuse Membership to any persons at its absolute discretion.
1.4. You agree to ensure you provide correct details when you apply for Marchay. Failure to do so may invalidate your Membership. Your responsibility to provide accurate information is a continuing obligation and you must notify Marchay in the event that any information provided by you changes.
1.5. Your Membership is personal to you and cannot be transferred to any other person. The discounted rates offered under the Membership are for Marchay Members only and you are responsible for ensuring that no third party uses your Membership.
1.6. Access to and use of the Members section of the Marchay website ("Site") is through a combination of user name and password and is reserved exclusively for Members. You are solely responsible for maintaining the confidentiality of your username and password and must not disclose these details to any third party. You agree to notify Marchay immediately if you believe that there has been any breach of security (e.g. the unauthorized use of your name and password).
1.7. You acknowledge that by virtue of your Membership, you may become aware of or otherwise receive confidential information, such as pricing data, hotel rates, airline rates or other terms of Marchay’s contracts with its travel partners. You agree that you will not disclose, misuse or otherwise use the confidential information for any commercial reason whatsoever and you acknowledge that all such confidential data remains the sole property of Marchay.
2. YOUR BOOKING
2.1. The contract for the provision of the Services shall be between you and the travel partner with whom your booking is made. The travel partner will have its own terms and conditions which will govern the contract and booking between you and the travel partner. Please ensure you read these carefully as some of the terms and conditions may limit or exclude the travel partner’s liability to you.
2.2. You are under an obligation to comply with the terms and conditions governing the bookings you make with travel partners under the Marchay Membership. You accept that you owe a personal liability to pay for any bookings you make with travel partners and failure to pay for the booking in accordance with the applicable terms and conditions may result in your booking being cancelled without notice.
2.3. All payments you make for the Services shall be held by our travel agent on behalf of the travel partner.
2.4. You agree that Marchay has no responsibility and accepts no liability for the provision of the Services booked under the Marchay Membership. Responsibility for the provision of the Services lies solely with the travel partner, and you accept that you shall have no recourse to Marchay for any failure, non-performance, delay or other breach of contract by the travel partner.
2.5. Marchay accepts no liability where a travel partner fails or refuses to honour, in whole or in part, any special rates negotiated by Marchay under the Membership for whatever reason and the Member shall have no recourse to Marchay in such an event.
3. MEMBERSHIP FEES, CANCELLATIONS AND RENEWALS
3.1. PRICING POLICY: All Members must pay an annual Membership fee (“the Fee”) which will be payable upon acceptance of your application by Marchay and annually thereafter. You will be advised of the Membership Fee upon receipt of your application and on the Marchay website prior to payment being taken. Your Membership with Marchay is at all times subject to payment of the Fee, and Marchay reserves the right to terminate or suspend your Membership should payment not be received by the payment due date.
3.2. Your Membership fee is non-refundable.
3.3. Marchay reserves the absolute right to cancel or suspend your Membership (at its sole discretion) if Marchay believes the Member has breached its obligations under these Terms and Conditions.
3.4. Marchay reserves the right to amend the Fee at any time at its sole discretion, and the Fee may change from year to year.
3.5.Membership fees are expressed in US Dollars (USD). For members outside of the United States, the membership fee assessed will be subject to exchange rate formulas and calculations of the member’s bank or credit card company. A refund of a membership fee, if any, in accordance herewith, will also be subject to the exchange rate at the time of such refund, which may differ from the exchange rate at the time such fee was originally paid. Some credit card charges are subject to additional currency conversion fees at the time of processing which are not within Marchay’s control and may impact the amount charged on, or refunded to, a member’s credit card.
3.6.Your membership is subject to automatic renewal at the then prevailing membership fee. You will be notified ahead of time before being charged so you can decline the renewal.
4. MEMBERSHIP BENEFITS
4.1. All Services are subject to availability and change without notice by the travel partners. Marchay has done its best to ensure availability of discounted rates, but cannot guarantee travel partner compliance or performance with these rates. Marchay is not responsible for the supplier’s compliance or otherwise with the discounted rates or the provision of the Services.
4.2. Airline tickets prices are based on certain available booking codes at time of issuance. Please note that certain airline tickets may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100%.
4.3. Neither Marchay, nor any affiliate or subsidiary, makes any warranties nor representations, either expressed or implied, and expressly disclaims any and all liability (including consequential damages) with respect to type, quality or fitness of the Services provided through Marchay and any of its travel partners under the Marchay Membership. Neither Marchay, nor any affiliate or subsidiary, shall be liable or responsible for any performance or non performance by any travel partner, or for any discrepancy in the rooms, facilities or services available at any such travel partner from those set forth on Marchay.com or elsewhere, and shall not be liable for any damages that may result therefrom.
4.4. Marchay is not responsible for, and reserves the right to correct, any pricing or typographical errors, errors of description, or errors regarding travel partners’ Services.
4.5. Marchay is not responsible for and assumes no liability, for changes or discontinuation of travel partner services, which may affect the Marchay Membership Program and/or the Member.
5. USING YOUR MEMBERSHIP
5.1. All reservations must go through Marchay or its handling agent in order for the Member to be entitled to the discounted rates. Members must not attempt to make bookings using their Marchay Membership directly with the travel partner at any time. Members will not attempt to make reservations using their Marchay Membership after cancellation or expiration of their Membership.
5.2. Travel partners are responsible for providing you with the Services, products and benefits you select.
5.3. When ordering any Services or accessing a Membership benefit, you may be required to provide your payment card details. If you authorize our handling agent to use your payment card in order to pay a supplier for products or services, you acknowledge and agree that Marchay shall have no liability in respect of or be responsible in any way in respect of the use of your payment card provided that the handling agent acts in accordance with the instructions issued by you in relation thereto.
5.4. You undertake that all details you provide to our handling agent for the purpose of booking services are correct, that the payment card you are using is your own and that there are sufficient funds to cover the cost of the Services.
5.5. From time to time the procurement or provision of certain services may incur a handling charge or agency fee by our handling agent Altour (of which you will be notified prior to any payment being taken). You hereby authorize Marchay and/or Altour to debit your payment card with any such handling charges or fees as applicable.
5.6. Telephone calls made to Marchay and/or its handling agent outside normal business hours may incur an additional charge. Members shall be advised about these charges at the start of any such telephone call. Marchay’s handling agent reserves to debit the cost of these charges from the payment card held by them, if any, or otherwise charge the client directly.
5.7. When making any booking, it is essential that Members inform the handling agent that they are a Member and provide, if asked, confirmation of the Member’s identity.
5.8. Telephone calls to Marchay may be monitored or recorded for training and quality control purposes.
6. LIABILITY
6.1. You are deemed to be responsible for, and shall use your own skill and judgment as to, the quality, value and suitability of the information, recommendations and suggestions from Marchay in relation to deciding whether to make a reservation for Services with Marchay’s travel partners.
6.2. Your contract for the purchase of Services is made with the relevant travel partner/supplier only. All your rights and remedies are against the applicable travel partner/supplier with which your Services are booked, and Marchay accepts no liability for the provision of these Services in any way. Nothing in these Terms and Conditions is designed to give any other person any rights or remedies under the Contracts (Rights of Third Parties) Act 1999.
6.3. Marchay accepts no liability for any losses or claims arising from any inability to access the Site or any failure to complete a transaction.
6.4. Save in respect of death and personal injury caused by the negligence of Marchay or as expressly provided for in these Terms and Conditions, Marchay shall not be liable for any loss, cost, expense or damage of any nature whatever (whether direct or indirect) resulting from the provision of the Services or your reliance upon the information and suggestions provided by Marchay hereunder and the resulting supply of goods and services to you by any third party.
6.5. Except in respect of death and personal injury and subject to the provisions of these Terms and Conditions, Marchay‘s maximum liability to you for breach of any of its obligations hereunder shall be limited to the value of the annual Membership fee and the charge for the Services to be provided.
6.6. Marchay aims to ensure that viruses (or other programs having adverse effects) do not reside on the Site, but Marchay accepts no responsibility in relation to any such virus, breach or malfunction of its Site.
6.7. This section applies only to the extent permitted by law.
7. CHANGES TO THE RULES
7.1. Marchay reserves the right, in its sole discretion, and with or without notice to you, to add, modify, delete or otherwise change any of the Terms and Conditions. This means that Marchay may make changes that affect, but are not limited to, travel partner affiliations, rules and procedures, benefit types, blackout dates, room availability, and the terms of special offers.
7.2. Your continued use of your Membership constitutes acceptance of the altered Terms and Conditions.
8. COPYRIGHT
8.1. Marchay owns or is lawfully entitled to all of the copyright in this Site. All other intellectual property rights are reserved. This Site is for your personal use only - you may not use it for commercial purposes. You may only download to your personal computer for viewing purposes and print out a number of pages of this Site for your personal use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information obtained from this Site.
9. LINKS
9.1. Marchay assumes no responsibility for the contents of any other web sites to which the Site has links and shall not be held responsible or liable for any loss or damages caused or alleged to have been caused by use of or reliance on any content, products or services available on such hyperlinked sites. Marchay may not have control of such websites. The inclusion of any hyperlinks to such other web sites does not mean that Marchay endorses the material on such web sites or has any association with the owner thereof.
10. APPLICABLE LAW AND JURISDICTION
10.1. These Terms and Conditions will be interpreted and constructed in accordance with the laws of Delaware, USA . We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Courts of Delaware only.
10.2. The provisions of the "Privacy Policy" shall apply at all times.
10.3. Fraud or abuse of Marchay member benefits in a manner that is inconsistent with these Terms and Conditions or the intent of the Marchay program, is subject to appropriate administrative and/or legal action by Marchay. Nothing contained in these Terms and Conditions shall limit Marchay in the exercise of its legal or equitable rights or remedies.
11. CONTACTING US
Marchay LLC
2711 Centerville Road
Wilmington, DE, 19808
contact@marchay.com