These Terms and Conditions govern the TRUMP CARD Privileges Program (the "Program") operated by or on behalf of the Trump Hotel Collection ("we" or "us") and our relationship with members of the Program ("Members" or "you"). Membership in the Program ("Membership") is subject to these Terms and Conditions, which supersede all previous loyalty program rules and/or conditions. By using your TRUMP CARD Membership Identification number to earn or redeem benefits, you agree that:
(a) you have read, understood and accepted these Terms and Conditions;
(b) you are eligible for Membership; and
(c) you consent to Trump Hotel Collection collecting data that is personal to you, and disclosing such data to third parties, in accordance with our privacy statement.
The purpose of the TRUMP CARD Privileges Program is to reward frequent Trump Hotel Collection guests with complimentary and earned Benefits as described below.
|1. GENERAL MEMBERSHIP RULES
1.1. Trump Hotel Collection ("THC" or "we") may change the TRUMP CARD program (the "Program") rules, processes, regulations, travel or other awards, and special offers at any time, with or without notice. These changes may affect, but are not limited to, partner affiliations, rules for earning TRUMP CARD benefits, TRUMP CARD redemption levels required for specific awards, rules for the use of awards, continued availability of awards, award inventory, award types, and the features of special offers. THC reserves the right to terminate the entire Program with three months advance notice to all then-Active Members. This means that the right of a THC Guest (a "Member" or "you") to accumulate and claim TRUMP CARD can be terminated three months after we give notice. All TRUMP CARD benefits (and the value thereof) unredeemed as of the conclusion of the three-month notice period shall be forfeited to THC without remuneration or any further obligation or liability, and no award claims shall be honored after the program termination. Notwithstanding the preceding, we may at the time, immediately give notice to all then-Active members of the substitution of a similar replacement program.
1.2. Membership in the TRUMP CARD Program is at no cost to you and is available to individuals who are 18 years or older residing in countries that legally permit participation in frequent stay programs generally and this program in particular. Participation in the TRUMP CARD Program indicates acceptance of these terms and conditions as well as of any changes or modifications made to them.
1.3. Upon termination of your Membership for any reason, including death, the Membership Card and account number shall automatically become invalid and all earned Benefits will be forfeited.
1.4. Membership benefits may be subject to income or other taxes and members should consult their own tax advisors regarding the same. The recipient is responsible for paying any such taxes and for making all applicable disclosures to third parties, including the party who paid for the transaction from which you earned the membership benefits. We will not be liable for any tax liability, duty or other charges incurred by any member in connection with the issuance of Membership benefits or awards.
1.5. Membership benefits may not be sold, bartered or transferred (other than by us or our agents). Any attempted transfer, sale or barter by you or on your behalf will be void. We and/or our Program affiliates may refuse to honor or recognize any Membership benefits which we or they conclude have been transferred, sold or bartered.
1.6. Our waiver of any breach of these Terms and Conditions by you shall not constitute a waiver of any other prior or subsequent breach of these Terms & Agreements. Our failure to insist upon strict compliance with these Terms & Conditions by any Member shall not be deemed a waiver of any rights or remedies that we may have against that or any other Member. Fraud or abuse of the TRUMP CARD usage, membership privileges and benefits is subject to appropriate administrative and/or legal action by THC, including the forfeiture of Rewards, the termination of TRUMP CARD privileges, and revocation of membership. We also reserve the right, in our sole discretion, to immediately discontinue a TRUMP CARD guest's membership, and terminate the member's account, if a member violates any local, state, or federal laws, regulations, or ordinance otherwise misuses the benefits of membership or fails to timely pay any valid bill or account due to THC or otherwise in connection with the membership or services at a THC property. Nothing contained in these Membership Rules shall limit THC in the exercise of its legal or equitable rights or remedies.
1.7. THC makes no warranties or representations, either expressed or implied, and expressly disclaim any and all liability (including consequential damages) with respect to type, quality or fitness of goods or services provided through TRUMP CARD.
1.8. Neither TRUMP CARD nor our program partners are responsible for:
(a) loss or misdirection of, or delay in receiving, any membership application, correspondence, or earned Benefits;
(b) theft or unauthorized redemption earned Benefits or anything else under the program caused by circumstances beyond the reasonable control of us or our agents;
(c) any acts or omissions of third parties (including Participating Properties); or
(d) any errors published in materials relating to the Program, including, without limitation, any pricing or typographical errors, errors of description, errors regarding Participating Properties and Program affiliates, and errors in the crediting or debiting of earned Benefits from or to Member accounts. We reserve the right to correct, without notice, any errors.
1.9. We endeavor to keep the information on our website current, including the links to these Terms and Conditions. However, we are not responsible for any information that has not been updated. THC is not responsible for, and reserves the right to correct, any pricing or typographical errors, errors of description, or errors regarding participating properties and partners.
1.10. LIMITATION OF LIABILITY. We shall not be liable to any person for any action taken or neglected to be taken with respect to the Program, except for errors in posting earned Benefits to Program accounts. The sole remedy available to you in connection with any claims whatsoever which you may have with respect to our own Program (whether your claim is based in law or equity) shall be the crediting or re-crediting to your Program account of earned Benefits in an amount no greater than the amount of earned Benefits at issue. In no event shall we be responsible or liable for special, consequential, extraordinary or indirect losses or damages, including any lost profits.
1.11. You cannot have more than one program membership. Program memberships are individual and can only be used by the member whose name is listed on the account. Under no circumstances will you receive credit for any rooms booked by other individuals including, but not limited to, friends or family members.
1.12. Corporations, associations and groups cannot enroll in the TRUMP CARD program.
1.13. THC reserves the right to delete any TRUMP CARD account with no activity for 12 months.
1.14. The sale or barter of any TRUMP CARD benefits (other than by THC) is prohibited.
1.16. All interpretations of these Terms and Conditions, and the rules of Membership, Rules, terms and conditions shall be at our sole discretion, and our decisions shall be final. We may waive compliance with these Terms and Conditions in our sole discretion and we may run promotions from time to time that provide enhanced benefits to select Members. Notwithstanding the foregoing, our failure to exercise any of our rights under this Agreement or our delay in enforcing or exercising any of our rights shall not constitute a waiver of such rights. If we waive any right on one occasion, such waiver shall not operate as a waiver as to any other occasion.
1.17. These Terms and Conditions are governed by and shall be construed in accordance with the laws of the United States of America and the state of New York, and are subject to the exclusive jurisdiction of the applicable courts in the state and city of New York. Membership, and the earning and payment of commissions, are subject to all applicable local laws and regulations. Membership, Membership benefits, and awards may not be available if prohibited or restricted by applicable law or regulation in the Unites States of America or in the Member's country of residence. If any part of these Terms and Conditions is held to be unlawful or unenforceable, that part will be deemed deleted from these Terms and Conditions in such jurisdiction and the remaining provisions will remain in full force and effect, subject to Sections 1.1. All disputes which cannot be resolved between the parties, and causes of action arising out of or connected with the Program, shall be resolved individually, without resort to any form of class action, and shall be subject to the paragraph above titled LIMITATION OF LIABILITY.
1.18. The TRUMP CARD and all logos associated therewith are the trademarks of us or our affiliates, and the Members shall never, directly or indirectly, interfere with, challenge, file applications for, or claim ownership to these trademarks anywhere in the world.
|2. MEMBERSHIP ELIGIBILITY
2.1. Membership in the Program is free and open to the general public. We may refuse Membership to, or terminate Membership of, any individual without giving a reason, provided that we will abide by all applicable laws in making any such determinations. Employees of Trump International Hotels Management, LLC and/or any of our subsidiaries and affiliates ("Associates") are not eligible to participate in the Program except through specially designated Associate programs. Associates can obtain a copy of the Associate policy relating to the Program from their human resources representative.
2.2. You will be enrolled in the Program and become a Member from the day you activate your Membership Account and receive a unique TRUMP CARD Membership Identification number via email.
2.3. The Membership itself can only be used by the Member whose name is listed on the Program account. You may give your Membership number to other persons solely for their use in booking rooms at a participating property. You are responsible for all activity in your Program account through the use of your Membership Identification Number by another person, whether a member of your family, household, staff or otherwise. Corporations, associations and groups cannot enroll in the Program.
2.4. Employees of the Trump Organization and any of its subsidiaries and affiliates are not eligible to participate in the TRUMP CARD Program except for specially designated employee programs. Unless otherwise states, Membership benefits offered to Members while you are on property are subject to availability.
|3. CANCELLATION OR TERMINATION OF MEMBERSHIP
3.1. You may cancel your membership at any time by giving written notice of cancellation to Trump Hotel Collection. If you do this, all earned Benefits will be forfeited immediately and not be reinstated or transferred even if you later re-enroll in the program.
3.2. You will be considered an "Active Member" so long as (a) your Membership has not been cancelled (by you or us) and(b) you have had an Eligible Stay at a Participating Property within the previous 12 months, or (c) you have earned Benefits by using a TRUMP CARD during the previous 12 months.
3.4. If we revoke your Membership, for any reason, you may not reapply for Membership and any account opened in your name and benefits earned on that account shall be forfeited upon revocation. If you cancel your Membership, or if we close your account, you may reapply for Membership at a later date, but you will not recover any earned Benefits forfeited from your prior Membership.
3.5. We may cancel accumulated benefits, suspend or terminate your Membership at any time with immediate effect, confirmed by written notification to you if, in our sole discretion, you have (a) acted in a manner inconsistent with applicable laws or ordinances, (b) acted in a fraudulent or abusive manner, (c) breached any of these Terms and Conditions, (d) engaged in fraud or abuse concerning commission, award usage or Membership card and benefits, or (e) failed to pay any bill when due to any Participating Property.
3.6. We may also take appropriate legal or administrative action if any of the items listed above occurs. Nothing contained in these Terms and Conditions shall limit us in the exercise of any legal or equitable rights or remedies.
|4. COMPLIMENTARY MEMBER PRIVILEGES
4.1. The following TRUMP CARD Member Privileges are available at participating properties upon the Member joining the TRUMP CARD program and completing his/her Member profile: Personalized preference program set-up; Early Check-in/Late Check-out privileges (based on availability); Hotel welcome amenity.
4.2. Upon the 3rd, 5th, 10th and 20th stay at a Qualifying Rate (as defined below) within 12 months, he/she will be eligible for an automatic upgrade to a Suite for a future THC stay (based on availability). Members must provide their TRUMP CARD member number at the time of reservation to be eligible for these benefits.
4.3. Upon the 10th stay at a Qualifying Rate (as defined below) within 12 months, he/she will receive one free night.
4.4. Upon the 20th stay at a Qualifying Rate (as defined below) within 12 months, he/she will receive two free nights.
|5. EARNING BENEFITS FROM HOTELS
5.1. Members may earn benefits for Eligible Room Charges paid at Participating Properties that use their membership number for reservations. The membership ID number should be presented at time of reservation. Trump Card members may receive credit for 1 room per night.
5.2. Only reservations made through TheTRUMPCARD.com, Participating Properties' online reservation system with a membership ID number or reservations departments and relaying the membership ID number to the reservationist will be eligible for earned Benefits. "Participating Properties" are those hotels that are owned or managed by or identified as being part of the Trump Hotel Collection.
5.3. Reservations made by employee/family rate, Group, FIT, wholesale, and travel websites (excluding trumphotelcollection.com) such as Priceline, Hotwire, Expedia, Travelocity, and Orbitz, which are wholesale rates and therefore do not qualify are not eligible for by to the TRUMP CARD member.
5.4. The amount of benefits earned at Participating Properties outside the U.S. will be calculated based on Eligible Room Charges converted to U.S. dollars at the exchange rate selected by us. This may be the rate at check-in, check-out or another rate selected by us and may not be the same rate used for currency conversions on your folio.
5.5. We reserve the right to deduct any benefits credited to a Membership account in error without notice. If refunds are made to you in respect of goods or services for which you received earned Benefits, we will adjust the amount of earned Benefits credited to you.
5.6. TRUMP CARD benefits/membership has no monetary value. Earning of TRUMP CARD benefits and redemption of earned Benefits are subject to all applicable laws and regulations. TRUMP CARD benefits may be subject to income or other taxes. Such taxes and all disclosures related thereto are the sole responsibility of the recipient.
5.7. Qualifying rates include all rates except for the following: employee/family, Group, FIT, wholesale, and travel websites (excluding trumphotelcollection.com) such as Priceline, Hotwire, Expedia, Travelocity and Orbitz, which are wholesale rates and therefore do not qualify.
5.8. Benefits under the TRUMP CARD program vary depending upon the number of qualifying stays in a rolling 12 month period from when member has their first stay and may include stays up to two weeks prior to the member signing up for the TRUMP CARD program.
5.9. Stays made within 2 weeks of the member activation date are included. Stays at Doral Resort & Spa Miami must be on or after June 11, 2012.
5.10 Consecutive reservations at a single property, also known as Back to Back reservations, where one reservations check-out date equals another reservations check-in date, will count as a single stay in the Trump Card program.
|6. REDEMPTION PROCESS FOR EARNED BENEFITS
6.1. Only the TRUMP CARD member can redeem the TRUMP CARD benefits.
6.2. Free Night Benefit is valid only for the room rate for one single or double standard hotel room up to two adults. A credit card is not required to book a Free Night Benefits, but it may be required for additional nights and incidentals upon check-in, depending on the property policy. All other charges and expenses including taxes are subject to local laws by market and must be paid for by the Member.
6.3. Free Night Benefits cannot be combined with any other offers including package rates, promotions, or earned complimentary upgrades.
6.4. Free Night Benefits can be accumulated and banked for a future stay within 12 months.
6.5. All earned nights and upgrades will expire on a 12 month rolling calendar from time of earning.
6.6. The redemption of earned rewards can be applied to any booking with the exception of complimentary nights on bookings made through online travel agents or wholesalers.
6.7. Certain arrival and departure restrictions may apply. Rooms are subject to availability and therefore are not subject to blackout dates. Paper certificates will not be issued for Free Night Benefits.
6.8. If a Member cancels his/her reservation through THC before the 48 hours EST prior to arrival period, the Free Night Benefit will automatically be returned to his/her account. If a Free Night is canceled within 48 hours of arrival the penalty will be the loss of the free night.
6.9. The Free Night Benefit will not be re-credited to a Member's account in the event of a no-show, a partial use of a Free Night Benefit, if the Member cancels his/her reservation through a channel other than THC or if he/she otherwise fails to strictly follow the above cancellation procedures.
6.10. Complimentary upgrades will be credited back to the card member's account, even in the event of a late cancellation.
7.1. We may send you promotions, offers and other communications from time to time, which may include items from third parties. The items we send may be targeted to you based on the information you have provided to us and additional data we maintain. You may change your personal details and communications preferences at any time, but to change your name on our records, you should send satisfactory written proof of a legal name change such as a copy of your marriage license, divorce decree, official judgment of name changes and a driver's license, provided that for a driver's license both the old license with the old name and picture and the new license with the new name and picture must be on the same page.
7.2. All Program communications will be sent to you at the mailing address and/or e-mail address which you provide on your application form or otherwise provide to us. Communications will be deemed to have been received by you if sent to that address, 1 business day after sending if we sent it to the e-mail address provided and 5 business days after sending if we sent it to the mailing address provided. You are responsible for keeping your address current.
|8. STATEMENTS, ERRORS AND RETROACTIVE CLAIMS
8.1. Members may manage their TRUMP CARD Account including their Personal Profile preferences and earned Benefits by logging into TheTRUMPCARD.com.
8.2. We may at any time correct the amount of earned Benefits shown as credited to you, without notice.
8.3. Benefits earned should appear on your TRUMP CARD Personal Profile.
8.4. If you are not properly credited with benefits corresponding to stays within 90 days of the transaction, you may request a stay be credited to your account through the TRUMP CARD Membership Portal.
8.5. If we improperly deny or under apply a membership benefit, our liability is limited to the proper posting of earned benefit in the proper amount to your account without limiting anything provided in the above paragraph titled "LIMITATION OF LIABILITY."
|9. QUESTIONS OR INQUIRIES
9.1 For more information on the TRUMP CARD visit TheTRUMPCARD.com or contact a TRUMP CARD Membership Specialist at 1-855.878.6702 or TRUMPCARD@TrumpHotels.com.