Terms and Conditions

These terms and conditions govern the relationship between Cathay Pacific Loyalty Programmes Ltd (CPLP) and Members of The Marco Polo Club (Members) and also set out the terms that apply between Cathay Pacific Airways Ltd (CPA) and Members. These terms and conditions should be read carefully particularly as they include limitations and exclusions on the liability of CPLP and CPA.

General Conditions

1. The Marco Polo Club (The Club) is managed and operated by CPLP.
2. The Club is open to individuals aged 18 or above. Membership is not available to corporations or other legal entities. Membership is accepted at the sole discretion of CPLP and upon payment of a joining fee of USD50.
3. Members will be issued with a membership number and membership card. The use of this number/card and associated benefits is deemed to be acceptance of these terms and conditions and other Club terms and conditions that may be issued from time to time, to the benefit of CPLP and CPA.
4. Membership of The Club and membership cards are not transferable and may only be used by the Member. Membership cards remain the property of CPLP and must be returned upon request.
5. CPLP reserves the right to modify The Club structure, benefits or other features including these terms and conditions or to terminate The Club at any time upon reasonable notice where possible, and CPLP and/or CPA will not be liable for any loss or damage resulting therefrom. Any use of The Club by a Member will be deemed as acceptance of any amendment to these terms and conditions.
6. The Club membership joining fee is non-refundable.
7. Upon joining or upgrading to a tier within The Club, Members will receive a membership card and baggage tags. When joining, Members will also receive a membership guide. A fee may be charged for the replacement of lost membership items. Club membership card replacement fee or Club baggage tags replacement fee is USD20 or 2,000 Asia Miles.
8. Diamond Members will receive a monthly Club statement. This service is free, but duplicate statements can be requested for a fee of USD10 or 1,000 Asia Miles.

Membership Termination

1. Members may terminate their membership at any time by giving written notice to CPLP and returning their membership card, at which time any outstanding Club mileage/sector credits will be cancelled.
2. CPLP may forthwith terminate the membership of a Member and the right of a Member to use his/her membership card and use The Club facilities if a Member commits misconduct or fraud, misuses the Asia Miles programme benefits and awards, misuses The Club of its facilities and services or fails to follow these terms and conditions. In such circumstances, CPLP shall simultaneously cancel all mileage/sector of the Member.
3. CPLP may also terminate The Club membership of a Member at its complete discretion and in such circumstances will provide the Member with three to six months notice of termination. Upon expiry of the notice period, all unused mileage/sector will be cancelled. Without prejudice to the foregoing, CPLP may alternatively at its discretion forthwith terminate or suspend a Member’s right to use specified facilities, benefits or services of The Club, with the Member retaining his/her overall membership of The Club.
4. Termination of membership for whatever reason shall be without prejudice to the accrued rights and remedies of CPLP, CPA and the Member as at the date of termination.
5. Membership for individuals who remain inactive or fall below the minimum travel criteria as outlined in the membership guide for a membership period of 12 months, will be terminated.
6. Upon the death of a Member, the membership account will be closed and all outstanding Club mileage/sector credits will be cancelled.

Data Privacy

1. The personal data supplied by Members is required for the operation of The Club, delivery of associated benefits and services, ongoing research and programme development and to communicate news and information to Members. Failure by Members to provide or keep required data up to date may result in CPLP being unable to provide membership of The Club and associated benefits. In such cases, membership may be terminated.
2. All information is managed in accordance with the Hong Kong Personal Data (Privacy) Ordinance and CPLP's Data Privacy Policy, which can be found at www.asiamiles.com. Such Data Privacy Policy is deemed incorporated into the contract between CPLP and a Member. Information may be passed to supplier and partner organisations to facilitate communication of news and information to Members. Members have the right not to receive such communication from either CPLP, CPA or other partner organisations.
3. Members have the right to request to review and correct any personal data held by CPLP. In such circumstances Members should complete a Data Access Request Form available from The Marco Polo Club Service Centre. An administration fee may be charged for the processing of these requests.
4. Members are responsible for keeping CPLP up to date as to their correct personal details. CPLP is not responsible for any loss as a result of a Member's failure to notify of a change in address.
5. Members will be issued with a confidential Personal Identification Number (PIN). Members must ensure that this number is not disclosed to any unauthorised parties. CPLP cannot be held liable for the consequences of any unauthorised disclosure of the PIN by Members or unauthorised use of the PIN.

Limitation of Liability

1. CPLP and/or CPA shall not be liable to any Member for any indirect or consequential loss, damage or expense of any kind whatsoever arising out of or in connection with The Club and/or the use of or the unavailability of facilities of The Club and/or the provision or the refusal to provide any benefits, whether such loss, damage or expense is caused by negligence or otherwise, and whether CPLP and/or CPA have any control over the circumstances giving rise to the claim or not.
2. In any event, subject to 1. above and any applicable limitation under the Warsaw Convention or under CPA's conditions of travel, the liability of CPLP and/or CPA in contract, tort or otherwise with respect to any claim arising in respect of acts or omissions in operating The Club shall be limited to the value of the ticket being used by the Member in connection with which the matter arises or HKD10,000 whichever is greater.
3. CPLP will endeavour to ensure the availability of services of The Club when these are provided by partners but will not be liable for any loss arising from the failure by partners to provide such services. Where a Member uses the services provided by partners, the partners terms and conditions will apply and CPLP will not be liable for any loss.
4. CPLP confirms that it will operate The Club and provide The Club facilities with reasonable care and skill, however, CPLP does not in any way warrant that The Club facilities and benefits will always be available and all terms expressed or implied by statute or otherwise on the part of CPLP and/or CPA are hereby excluded to the fullest extent permitted by law.

Miscellaneous

1. The failure by CPLP and/or CPA to exercise or enforce any rights herein contained shall not be deemed to be a waiver thereof nor shall it affect CPLP's or or CPA's entitlement to take any subsequent action in respect of that right or of any other right.
2. 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.
3. Members agree to use all Club facilities with all reasonable care and attention, and with due courtesy and respect to CPLP and CPA staff and other Members.

Law and Jurisdiction

1. These terms and conditions and the relationship between CPLP and/or CPA and each Member are governed by Hong Kong law. By using The Club each Member submits to the non-exclusive jurisdiction of the Hong Kong courts.

Last updated: September 2008