MasterCard Airport Concierge™ Terms & Conditions
1. Acceptance of Terms and Conditions
Welcome to MasterCard® Airport Concierge™, a program made available to you through MasterCard and powered and provided by Global Airport Concierge (“GAC”) as the service provider (the "Program"). By accessing, using, or receiving a benefit through the Program whether by telephone, internet or otherwise, including without limitation, accessing the Program through the Program Website or any website affiliated with MasterCard or GAC (the “Program Website”), your qualifying MasterCard payment card issuer, GAC or any third party website through which the Program services are supplied, you accept and agree to be legally bound by these terms and conditions and all operating rules and policies that may be published by MasterCard and/or GAC in connection with the Program, as may be amended from time to time (the “Conditions”). The Conditions become effective immediately and may be changed from time to time by updating them on the Program Website without notice to you, in which case such changes are effective when posted on the Program Website. In addition, the Program and Program Website may be terminated or altered by MasterCard at any time without notice. MasterCard may change service providers in its sole discretion without prior notice to you. Please read the Conditions carefully and keep a copy for your records. If you do not agree to be legally bound by all the following terms and conditions, please do not access and/or use the Program or Program Website.
BY ACCESSING OR USING THE PROGRAM OR PROGRAM WEBSITE YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THE CONDITIONS, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO USE THE SERVICES AVAILABLE THROUGH THE PROGRAM AND PROGRAM WEBSITE AND THE ASSOCIATED QUALIFYING PAYMENT CARD AND YOU AGREE THAT YOU WILL COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS IN CONNECTION WITH YOUR USE OF THE PROGRAM (AND THE ASSOCIATED WEBSITES AND COMMUNICATION CHANNELS).
Words not otherwise defined in the Conditions shall have the meaning set forth below:
- “Agent” means a service provider engaged as a sub-contractor by MasterCard and/or GAC, including its respective officers, employees, agents and representatives or sub-contractors.
- “Customer” may be the traveler, person or entity who has booked the services
- “Passenger” means the traveler who may be the person or entity to whom the Service is delivered.
- “Dangerous or Disallowed Goods” means any goods which are or may, be noxious, dangerous, hazardous, inflammable or explosive, illegal or prohibited and goods of a similar nature or which present or may present a comparable hazard.
- “GAC” and “Service Provider” mean Global Airport Concierge Ltd, and its parent, affiliate, associate, and subsidiary companies trading as GAC,
- “MasterCard” means MasterCard International Incorporated.
- “Meeting” means the place and time at which you are greeted, met, or collected by the Agent or its representative.
- “Service” or “Services” means the MasterCard Airport Concierge services made available through MasterCard and powered and provided by GAC, its service provider, or any of GAC’s agents, affiliates or other service providers arranged by GAC in connection with the Program.
In these Conditions, the words “cardholder,” "you" and "your" mean the person who has accessed or used the Program. The words "we," "us" and "our" mean MasterCard and/or Service Provider.
3. Program Description
The Program allows qualifying MasterCard cardholders access to certain meet and greet Services at various airports around the world. You must book and pay for all Services using your qualifying MasterCard payment card. When making any meet & greet Service bookings utilizing the Program, it is the cardholder’s responsibility to provide all Program-required and correct information. Any lack or delay of in providing such information can impact the Services and MasterCard, the card issuer and the Service Provider will not be held responsible for any such event. It is the MasterCard cardholder’s responsibility to choose and book a start time that allows sufficient time for the Service to take place or the formalities to be completed in good time. There is no charge for any cancellations made more than 48 hours in advance of the Service. For any cancellations made within 48 hours prior to the scheduled Service, there is a 100% charge equivalent to full invoice and no right to refund. There is no charge for any amendments to the Services made more than 48 hours in advance of the Service. For any amendment made less than 48 hours in advance of the Service, there will be a change fee imposed, which varies depending on the airport. Airside access at some airports may be subject to security restrictions. Infants up to 12 months will not be charged and between 12 and 36 months will be charged at 50%. Standard service times are typically 3 hours. Additional fees may apply for service–times of more than 3 hours. This does not apply to cases when flights are unexpectedly delayed. Additional fees may apply after the initial booking due to changes/cancellations made within 48 hours of travel, extra services added or additional passengers added at the airport. Fees depend on the airport and can be requested at time of booking. All rates are inclusive of foreign taxes, administration costs, gratuity & tips, except as may be set forth below.
The goods and services described herein are offered and provided by third party merchants and MasterCard is not responsible for any losses related to the offer, fulfillment or use of the goods or services.
MasterCard is not liable for any loss or damage incurred as a result of any interaction between you and GAC or any other service provider with respect to the Program. Except as set forth herein, all matters, including but not limited to delivery of goods and services, returns, and warranties are solely and strictly between you and GAC or its agents or affiliates. You acknowledge that MasterCard does not endorse or warrant GAC or the offers and services that they provide.
For any customer service or Program related questions contact your Concierge or Travel Advisor, by calling the number on the back of your card.
4. Your Responsibilities.
General Responsibilities. You agree that: (i) you represent only yourself here and no other person; (ii) that you are of the legal age of majority in order to enter into contracts (18 years of age in most states and 21 years of age in Puerto Rico) or if you are entering into these Conditions for a business or other entity you are able to bind such entity and such entity is hereby bound; (iii) you will provide accurate , complete and timely information in connection with the Program and Services and the Service Provider and associated Agents; (iv) you will not use the Program or Services to reproduce, duplicate, copy, sell, resell, distribute, publish, or exploit for any commercial purpose the software, products, or services provided by MasterCard and/or Service Provider or obtained through the Program without obtaining the express, prior written consent of MasterCard and Service Provider (this restriction includes, without limitation, any attempt to incorporate any information from the Program into any directory, product, or service); (v) you agree not to collect personally identifiable information of other users of the Program, Services or Program Website or to sell or otherwise exploit that information; (vi) you will provide for your own access to use the Program Website, including, but not limited to, obtaining and maintaining all internet connectivity (whether through telephone, cable or other access), computer hardware and software, and other equipment and services and paying all related charges; (vii) you will not use the Program or Program Website in any manner that adversely affects the availability of the Program or Program Website or its resources for the use or enjoyment by other users or in any manner that could damage, disable, overburden, or impair MasterCard's or Service Provider's servers or networks and you agree not to use robots or other automated means to access the Program Website; (viii) you agree to use Program, Services and Program Website only in a way that does not infringe any party’s rights; (ix) you will only use the Program, Services and Program Website for personal, non-commercial use (unless otherwise permitted by Service Provider) and/or to make legitimate requests to book the products or services; (x) you will not use the Program, Services or Program Website to make any speculative, false or fraudulent requests and (xi) you will not use the Program, Services or Program Website for any purpose that is unlawful or prohibited by the Conditions.
You are entirely responsible for maintaining the security and confidentiality of your account and password and you are responsible for all activities and conduct by you or anyone else that are conducted through your account or on your behalf. You agree to notify MasterCard and Service Provider immediately of any unauthorized use of your account or any other breach of security. Neither MasterCard nor Service Provider will be liable for any loss or damages of any kind that may arise as a result of someone else using your password or account, either with or without your knowledge; however, you may be held liable for any losses incurred by MasterCard or Service Provider or another party due to someone else using your account or password.
Meet & Greet Responsibilities. It is your responsibility, for Services beginning at airports, stations or ports, to ensure that you locate and wait for your Agent who will be holding your name sign at the meeting point in the specified airside or landside meeting point. In case you cannot locate your Agent, it is your responsibility to contact our 24 Hours Customer Support desk at 0044 (0) 8000 124 007 for assistance. Any lack or delay of providing information requested by Service Provider can affect the Service and MasterCard and GAC will not be held responsible for any such event.
It is your responsibility, should you not be able to locate your Agent at the start of a Service, to call the relevant telephone number as shown on your confirmation email or SMS (if available) before making alternative arrangements. You acknowledge that failure to do so may be treated as a “no show” and no refund will be made. It is your responsibility to advise GAC or the representative of any circumstance that will alter the booked Service meeting time & place. For example,
- If a flight is retimed or cancelled before its departure
- If a progressive or rolling delay to departure occurs before boarding
- If your flight is changed to a different flight number and/or a new carrier If the passenger/customer changes the flight or carrier it will be treated as no show and will be charged in full. The new arrangement will be treated as new booking and will be charged separately.
It is your responsibility to choose and book a start time that allows sufficient time for the Service to take place or the formalities to be completed in good time. It is your responsibility to declare in advance any Dangerous or Disallowed Goods, and you (i) acknowledge that MasterCard, GAC and its Agent is under no obligation to provide Services to a Customer in possession of such Dangerous Goods, and you (ii) agree to indemnify MasterCard, GAC and Agent against and hold MasterCard, GAC and Agent harmless from any penalty, loss, damage, claim, cost or expense which MasterCard, GAC or Agent may incur directly or indirectly as a result of any breach of this requirement.
5. Product & Services
GAC will engage service partners, referred to herein as Agents, to perform all or any part or parts of the Service. The Services will normally begin when the Agent’s representative meets you and will normally end when Agent leaves you. A Departure, Arrival and a Transit service entitles you to a maximum time of 3 Hours of Service. Any time after that may incur further charges.
We will, without additional charge, provide certain Fast Track assistance and services wherever reasonably available and allowed by the relevant Authorities.
Airside access at some airports may be subject to possible security restrictions, we will advise at time of booking if such restrictions may apply and then the cardholder may choose to continue with the booking or not.
You hereby give us the express right and permission to communicate with you by any method including, without limitation, phone, e-mail and facsimile with respect to the Services. You also hereby grant us permission to use any information about you and others travelling with you that you provide to us in connection with fulfilling the Services, including, without limitation, providing any such information to any third party we deem advisable or necessary in order to provide the Services.
6. Pricing & Inclusions/Exclusions
Prices are based on rates and tariffs at the time of quoting, and are converted into the displayed currency at the prevailing foreign-exchange rate as determined by GAC. All prices are inclusive of all airport, local and service taxes, except as may be set forth below.
Price quotations and price tables may change without notice up until seven days before the service start time. If a material amendment to an order or booked Service is requested by the traveler or booker and is accepted by GAC then the amended price will use the rate, exchange rates and tariffs subsisting at the time of change and additional charges may be payable.
The base price quoted at the time of ordering will include all knowable charges for the Service that has been ordered. Prices do not include foreign departure tax, immigration clearance charges e.g., visa fee, security, port charges, customs, immigration, agricultural, passenger-facility charges, international transportation tax or other charges not expressly provided for at the time of booking. Prices do not include discretionary tips/gratuities to representatives; however we follow a NO TIPS company policy with our Agents and employees. Prices do not include provision for any additional products or services unless explicitly stated as included.
If you make a purchase using a GAC promotion code, or if you accept a discount or special-offer price during the GAC checkout or ordering process, you may invalidate that discount or special-offer price by making any changes or amendments to your itinerary once your purchase is complete. GAC may decide, in its sole discretion, to honor your discount or special-offer pricing if you make a post-purchase change or amendment. GAC reserves the right to invalidate your discount or special-offer pricing if you make any change to the Service you have ordered.
No contract between you and Service Provider will come into existence until the order becomes a Confirmed booking. A Service is confirmed (a “Confirmed Service”) once GAC has issued a booking reference number; and (i) GAC has issued a booking confirmation, and (ii) GAC has received payment in full. In the same way that you may cancel and receive a full refund up to 48 hours from time of Service before the Service meeting time, GAC may amend the price quoted or billed if the subsisting selling price changes, due to underlying cost changes, exchange rate movements, system error or human error. In the event that the revised price quote is not acceptable to you a full refund will immediately be made. GAC will not change the price of a Confirmed Service, as defined above.
Payment by a qualifying MasterCard credit or debit card is required to make a reservation. Payment will be listed as Global Airport Concierge Limited on the credit/debit card statement.
The amount charged by GAC will be the amount due in the currency used for the booking, which is in US dollars, pounds sterling or Euros, as you select at the time of booking. GAC cannot know or influence the exchange rate and policies that are applied by your card issuing bank or card merchant in determining the final charge made.
MasterCard and GAC may take whatever steps it reasonably believes to be necessary (i) to protect your card details (which will be in GAC ’s possession) from misuse; and/or (ii) to protect itself and its Agent from any delay in receiving payment for a completed Service. Such steps may include pre-authorizing the charge and verifying the card details and the card’s available credit limit.
A chargeback is when you dispute a charge made on your card. If you make an unjustified charge back, GAC will report all unjustified chargebacks to ChargeBackProtection.org, which may have the effect of banning you from placing orders with any business that uses ChargeBackProtection.org. Examples of unjustified chargebacks are (i) if you issue a frivolous, false or unjustified complaint, (ii) if you start an unwarranted dispute with your card company, (iii) if you refuse to pay for a properly delivered Service and any charges thereto, or (iv) if you refuse to pay properly due late booking fees and/or amendment, cancellation or no-show charges.
Refunds will only be made provided that you have paid in full and that the booking is eligible for refund in accordance with the Conditions. For a booking originally paid for by credit/debit card, any refund will automatically process to the original credit/debit card account that was used to pay for the booking and no other methods of refund payment will be possible.
8. Cancellation, amendments and variations
GAC is a fixed price service and the price charged is for the Confirmed Service. If the Confirmed Service is amended, cancelled before the Meeting time, or is varied during its performance (a “Change”) then GAC and its Agents may require payment of additional fees. Any charge incurred due to a Change before the Meeting time will be billed and collected by GAC from the nominated credit/debit card.
GAC may be able to accept amendments within 48 hours before a scheduled Meeting time, however such amendments will incur additional charge. If, an amendment is required more than 48 hours before the Meeting time a Service can be materially amended, or be materially reduced in value, or materially delayed by the passenger, subject to a Change fee to the Cardholders card by the GAC as follows
- If the Change is accepted more than 48 hours before the meeting time no Change fee will apply
- Within 48 Hours, amendments will incur 50% charge.
- If the Booked Service is cancelled before the Meeting time a refund will be available as follows:
- If the Cancellation is made more than 48 hours before the Meeting Time a 100% refund will apply
- If the Cancellation is made within 48 hours of the Meeting Time no refund will be applicable
- No Shows or Service declined for whatever reason will be charged at 100% of the job value.
Proof of Amendment: Voluntary Amendments or cancellation will only be deemed as accepted when a confirmation e-mail indicating acceptance is sent by GAC to the requested e-mail address.
Insurance: GAC strongly recommends that you purchase a comprehensive Travel Insurance Policy prior to departure covering charges you will incur in the event of delays or changes to flights, changes in airport conditions, and lost or damaged baggage.
9. Complaints & disputes
Any complaint or dispute regarding the supply of a Service should be notified to GAC in writing by email within 2 weeks of the date of the Service start time. It may not be possible to investigate any complaint received more than 2 weeks after the date of the supply of the Service.
10. Your declaration
You acknowledge that you have, or when booking shall be deemed to have, read, understood and accepted the Conditions. You acknowledge that you have not entered into this contract relying upon any representation properly made by or on behalf of GAC and have not relied upon any correspondence, statement or sales literature issued by a third party independently or on behalf of GAC.
You acknowledge that you have freely accepted the Conditions in the knowledge that the liability of GAC and MasterCard is to be limited in accordance with the Conditions and the price charged by GAC has been calculated accordingly, and that a greater price would be payable but for such limitations.
You acknowledge that the Conditions, subject to and together with any variation agreed in writing between a authorized Director of GAC and you, shall constitute the entire contract between GAC and/or MasterCard, on the one hand, and you and shall override or supersede any previous contract or arrangement between GAC and you and in particular shall operate to the exclusion of any terms and conditions at any time imposed by you in writing or verbally, and shall supersede any earlier version of these standard terms and conditions.
11. Merchant’s Products and Services; Third-Party Websites
We may collect and store merchant information from Third-Party Websites; however, as stated above, we make no representations or warranties as to the accuracy or reliability of any merchant information. You should check all merchant information with the provider of products or services before making a purchase. Offers may be subject to certain terms and conditions and may change at any time without notice to you. The amount of any discount and other terms and conditions applicable to the discount are determined by the merchants. MasterCard has no control over, or liability for, the products or services sold by any provider, or for the use of any payment card information you may give or direct us to give to any provider of products and services, including without limitation the legality, quality, safety, or suitability of any products or services. You are solely responsible for complying with all terms and conditions, disclaimers, and restrictions relating to the products and services you choose to use or purchase using the Program Website, as well as with any other legal obligations, including without limitation obligations under copyright, secrecy, privacy, defamation, decency, security, and export laws. In no event shall MasterCard be liable to you or any third-party for any loss or damage incurred as a result of any interaction between you and a merchant in connection with your use of the Program Website and any related services, including, without limitation, any loss or damage arising from or occasioned by the purchase or use of the products and services or the merchant information or other material acquired or accessed through the Program Website or other Third-Party Websites. Except as otherwise provided in the Conditions, all matters, including but not limited to delivery of products and services, returns, and warranties are solely and strictly between you and the applicable merchant of record. You acknowledge that MasterCard does not endorse or warrant any merchants that are accessible through the Program Website, nor the offers that such merchants provide.
12. Changes in Services and Terms.
14. Disclaimers & Limitations of Liability
Neither MasterCard nor GAC accepts any responsibility for the cost, loss or damage to any luggage or property transported in connection with the Services; howsoever such a loss or damage may be caused. The full liability of MasterCard and GAC to you under all and any circumstances including non-performance shall be limited to a sum equal to the charges paid by you to GAC for the Service affected.
Under no circumstances will MasterCard or GAC or its agents, affiliates, Agents, suppliers, and/or distributors be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of the Program, Services or Program Website or any GAC products or services regardless of the form of action.
If MasterCard, GAC or Agent should be found liable for any loss, injury or damage which arises out of or is in any way connected with any of the herein described functions, GAC’s or Agent’s liability shall in no event exceed the maximum insurance cover held by GAC or Agent, whichever is the lesser, and details of which are available on request with 7 days notice. MasterCard shall not have any liability for any of the products or services related to the Program or offered or made available on or through the Program Website or any actions or omission of Service Provider or its Agents or any of their employees, agents or affiliates.
GAC will not be liable for its or its Agent’s failure to perform its obligations and/or any cost, loss or damage which results directly or indirectly from any cause or circumstance which is beyond our reasonable control. Without limiting the generality of the foregoing, the following shall be regarded as such “Force Majeure” circumstances: explosion, fog, flood, extreme weather, typhoons, cyclones, hurricanes, fire, epidemic, major road closures, state/diplomatic visits; war, hostilities, embargo, blockade, invasion, riot, revolution, civil disturbance, or acts of terrorism, Ash Cloud, strikes, lockouts or boycotts, labor dispute (but not of Agent’s own workforce) which involves stoppage of work; acts or restrictions or regulations or by-laws, revocation of or refusal to grant a license or permit, seizure under legal process, prohibitions, or measures of any kind on the part of any governmental or regulatory authority (including a bona fide airport authority), or temporary suspension of access to any part of an airport where access is required to provide the Service, or failure of a utility service (including but not limited to electricity, gas, water, internet, or telecommunications).
GAC shall not be liable unless a claim is made upon GAC in writing identifying the nature of the claim and the amount claimed within seven (7) days after completion of the Delivery.
Product information is collected from sources worldwide. GAC checks the details about all the products and services it offers, but we cannot check the accuracy of all information provided by GAC’s global sources. Reasonable care has been taken by GAC that the content of the Program Website is correct and up to date but it is subject to amendment at any time without Notice, and is provided “as is” and on an “as available” basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
Neither MasterCard nor GAC warrants that the functionality, content or information contained on Program Website or any affiliated website will be uninterrupted or error free, that defects will be corrected, or that the Program Website or the servers that make the Program or Program Website available are free of viruses or bugs. We cannot warrant against any unlawful hacking or leak of information from the internet. We cannot ensure or warrant the security of any information you transmit to us via the internet, and you do so at your own risk.
15. Right to Use Site Content
We are granting you a limited, nonexclusive, revocable license for you to view, print or download any Content, as defined below, from the Program Website for your own personal use strictly in accordance with the Conditions. Except for the limited rights expressly granted herein, all right, title and interest in and to the Site and all Content contained therein are reserved and owned by MasterCard and/or Service Provider.
16. Intellectual Property Rights
The content contained on the Site and all content in connection with the Program is protected by applicable intellectual property laws and all Content is owned by MasterCard or used by MasterCard under a license or with permission. All text, formatting (including without limitation the selection, coordination and arrangement of materials on this Site, and the images, graphics, animation, tools, widgets, applications, commercials, videos, music, sounds, articles, copy, creative materials, photos, trademarks, service marks, trade names, and logos, and other materials and information on this Site are subject to the intellectual property rights of MasterCard, Service Provider, their subsidiaries and affiliates, and their respective licensors and licensees (collectively "Content"). These materials may not be copied, reverse engineered, decompiled, disassembled, modified, reposted to other web sites, framed, deep linked to, changed, or otherwise distributed, redistributed, licensed, sublicensed or transferred in any form by you. Nothing contained on this Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to make commercial use of any MasterCard or Service Provider trademark, intellectual property right or copyrighted material without the prior written permission of MasterCard or Service Provider, as applicable. The trademarks, logos, trade names and service marks, whether registered or unregistered (collectively, the "Trademarks") displayed on this Site or in other program materials are Trademarks of MasterCard and its third party affiliates or licensors. Nothing contained on this Site should be construed as granting by implication or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of MasterCard or such third party that may own the Trademark. Any unauthorized commercial use of these materials will violate the intellectual property rights of MasterCard and/or Service Provider and any of their respective affiliates or licensors and will be subject to each such party's full legal rights and remedies.
17. Copyright Complaints
In operating the Program Website, MasterCard and Service Provider may offer services as online providers of materials and links to third party web sites. As a result, third party materials that MasterCard or Service Provider do not own or control may be transmitted, stored, accessed or otherwise made available using the Program Website. MasterCard has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Program Website and has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of MasterCard or of a third party, or that has otherwise violated any intellectual property laws or regulations, or this Agreement. If you believe any material available through the Program Website infringes a copyright, you should notify MasterCard using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). MasterCard will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. You should address infringement notices under the DMCA to: Copyright Agent, 2000 Purchase Street, Purchase, NY 10577, Attn: Law Department or to email@example.com.
Please provide the following notice:
- Identify the copyrighted work or other intellectual property that you claim has been infringed;
- Identify the material on the Site that you claim is infringing, with enough detail so that MasterCard may locate it on the program Website;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
- Your address, telephone number, and email address; and
- Your physical or electronic signature
MasterCard may give notice to its users of any infringement notice by means of a general notice on any of its websites, electronic mail to a user's e-mail address in its records, or by written communication sent by first-class mail to a user's physical address in its records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
18. Interactive Forums and Groups and Feedback
18.1. Interactive Forums and Groups
In the event that MasterCard and Service Provider, from time to time, allow for discussions, chats, blogs, postings, transmissions, bulletin boards and the like ("Forums") on the Program Website, MasterCard and Service Provider are under no obligation to monitor or review such transmitted or posted information and assume no responsibility or liability arising from the content of any such Forums nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy of any such information. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. MasterCard and Service Provider will fully cooperate with any law enforcement authorities or court order requesting or directing MasterCard or Service Provider, as the case may be, to disclose the identity of anyone posting any such information or materials.
You understand that by using this Site, you may encounter material, comments etc. that you may deem to be offensive, indecent, or objectionable. Nevertheless, you agree to use this Site at your sole risk and MasterCard and Service Provider shall have no liability to you for material that you may find to be offensive, indecent, or objectionable.
By posting material or information on the Program Website, you grant (or warrant that the owner of such rights has expressly granted) MasterCard an irrevocable, non-exclusive, perpetual, worldwide, transferable, sub-licensable, royalty-free, fully paid-up license to use and display your content, questions, comments, and postings, in their original or edited form, in articles, commentaries, or in any other manner and medium now known or later developed on this Site or otherwise. You also warrant that any "moral rights" or rights to attribution in posted materials have been waived. You acknowledge that neither you nor anyone else is entitled to any compensation for such use or display.
From time to time, we may ask you for your feedback on the Program Website, the Program and the Services. Any communication or material you transmit or post will be (a) treated as non-confidential and non-proprietary by MasterCard and Service Provider, (b) become the property of MasterCard, and MasterCard shall exclusively now and hereinafter own all rights, title and interest therein, and (c) used without restriction by MasterCard and its licensees and affiliates at their sole discretion without any obligation, compensation or other liability to you. Such use may be for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting in whole or in part, in any medium and in any manner, now known or later developed, on the Program Website or otherwise. And MasterCard and Service Provider shall be under no obligation to respond to any such communication. Notwithstanding the foregoing, MasterCard maintains a policy of not accepting or considering any creative ideas, suggestions or materials from the public regarding its products and services ("Submissions"), and therefore, you should not make any Submissions to MasterCard in any communications through the program Website or otherwise. Nonetheless, if you do send us a Submission, despite our request not to do so, then such Submission shall immediately become the property of MasterCard and MasterCard shall exclusively now and hereinafter own all rights, title and interest therein. Furthermore, MasterCard shall be free to use any Submissions for any purpose whatsoever, including, but not limited to, developing and marketing products and services. MasterCard shall not be liable for such use or disclosure of such Submission or for any similarities in the Submission and any future MasterCard products and services.
From time to time, we may make you aware of certain MasterCard or Service Provider related sweepstakes or other promotions. All such sweepstakes and promotions are subject to the official rules for such sweepstakes and promotions and all related applicable laws, regulations and statutes.
Service Provider will only arrange available services for Customers subject to the Conditions. Service Provider and its Agent reserve the right at their absolute discretion to refuse to provide the services described herein to any customer at any time.
Any authorized waiver by MasterCard, GAC or Agent of any breach by you of the Conditions is limited to that particular breach. A delay by MasterCard, GAC or Agent in acting upon a breach shall not be deemed a waiver. A person who is not a party to any contract governed in whole or in part by the Conditions (save for any officer, employee, agent, representative or sub-contractor of Service Provider or MasterCard) has no right to enforce or have the benefits of any term or conditions.
The terms contained in each clause or sub-clause of the Conditions is separate and distinct. Each may be enforced separately. The parties agree that if any clause or sub-clause shall be adjudged void or ineffective for whatever reason, but would be adjudged valid and effective if part of the wording thereof was deleted, the clause or sub-clause shall apply with such modification as may be necessary to make it valid and effective and shall not invalidate any other Conditions.
GAC reserves the right to record any telephone conversation with you and to make use of any such recording in any proceedings.
These Conditions shall be subject to the laws of the State of New York, without regard to such state’s conflict of laws principles and the parties hereby submit to the exclusive jurisdiction of the federal and state courts of New York.
Except as otherwise provided in these booking terms and conditions, your statutory rights are not affected.
MASTERCARD, MASTERCARD TRAVEL SERVICES and the MasterCard Brand Mark are registered trademarks of MasterCard International Incorporated. All rights reserved.