Marriott International Inc. ("Marriott") and its affiliates (collectively, the "Company") have engaged Switchfly Software, Inc. ("Switchfly"), a third party provider, to host the Marriott Rewards® Flight and Car Rewards Program (the "Program") website, a private label airline ticket and rental car rewards redemption web site (the "Site").
Switchfly has engaged Connexions Loyalty Travel Solutions LLC ("Connexions") to act solely in the capacity of agent for third party providers and suppliers of air and car travel ("Third Party Providers") to provide members of the Marriott Rewards® Program ("Members" or "You") with the ability to redeem points, or a combination of points and currency, through the Site for airline tickets and car reservations ("Flight and Car Rewards"), and has engaged Customized Services Administrators, Inc., a California corporation ("CSA") to provide Members with optional trip insurance for the United States only. The Company, Switchfly, Connexions, and CSA, together with their parent companies, subsidiaries and affiliates and their respective officers, directors, employees, representatives, agents, representatives and licensors, shall be referred to collectively herein as the "Covered Parties."
These terms and conditions of the Marriott Rewards® Flight and Car Rewards Program (the "Program Terms") govern your use of this Site or any of the services or products made available through this Site and describe your responsibilities regarding such services or products. By using this Site and any of the services or products made available through this Site, you agree and warrant that:
If you do not agree with any of the foregoing and/or it is not a truthful and accurate description of you, do not use this Site.
If you require clarification or further information with regard to your transaction, you may call 888-817-5785 (or 208-429-2389) Monday - Friday from 8:00 AM - 8:00 PM Central Time (CST) and Saturdays from 8:00 AM - 4:00 PM CST. If you need assistance outside of these hours, please contact the airline or car provider directly.
Use of Site
In addition to the provisions governing redemption of points set forth in the Program Terms and the Marriott Rewards Program Terms and Conditions generally, You further agree that: (a) points may only be redeemed for the original air ticket purchase or car rental reservation and associated fees; (b) Your overuse or abuse of the reservation facilities of this Site may result in your being denied access to such facilities and in the termination of your Marriott Rewards® Program Membership Account; (c) once points are redeemed for a Flight or Car Rewards, they may only be returned to your Marriott Rewards® Program Membership Account under limited circumstances in accordance with the Car Rental and Airline Ticket Policies as set forth below; (d) any fee that may apply after the initial ticket or reservation purchase may not be paid for by redeeming points; and (e) trip insurance may not be purchased by using points.
All airline tickets or car rental reservations purchased on the Site must be made in the exact name of the person traveling and to the extent applicable, must be identical to the name of the person traveling as it appears on the traveler's passport. Once purchased, tickets and reservations are not transferable or assignable.
Car Rentals & Policies
Airline Tickets & Policies
Airline Cancellation Policy
General Travel Information
Changes/ Notice of Changes
The Covered Parties reserve the right to change, limit, modify or cancel the Program Terms at any time, at their discretion, with or without notice, even though such changes may affect the value of your points or your ability to redeem them for tickets or reservations. You may not rely upon the continued availability of any Reward, airline ticket or car rental reservation. These Program Terms may only be modified, superseded or changed in writing. Any changes to these Program Rules will be shown on the Site and will be effective immediately unless stated otherwise. A notice that a change has been made will be placed on the Site for a reasonable period of time.
All Program benefits are offered at the sole discretion of the Company, and participation in the Program is subject to the Program Terms and any other rules, regulations, practices, policies and procedures that the Company may, in its discretion, adopt from time to time. The Company has the sole discretion to interpret and apply the Program Terms and any such rules, regulations, policies or procedures, and all related questions or disputes regarding these Program Terms will be resolved by the Company, in its discretion, consulting with the other Covered Parties as it deems appropriate.
The Program has no predetermined termination date and may continue until such time as the Company, at its sole discretion, elects to designate a program termination date. The redemption of points for airline tickets and car reservations under the Program is void where prohibited by law. Our failure to exercise any of our rights under these Program Terms or our delay in enforcing or exercising any of our rights shall not constitute a waiver of such rights. Our waiver of compliance with or any breach of these Terms by You shall not constitute a waiver of any other prior or subsequent breach of this Agreement. Our failure to insist upon strict compliance with these Program Rules by any Member shall not be deemed a waiver of any rights or remedies that we may have against that or any other Member. When on business travel, it is Your responsibility to comply with your company's policy concerning loyalty and rewards programs. Information regarding a Member's accumulation of points for business travel is subject to disclosure to the Member's company in accordance with company policy and applicable law.
Limitation of Liability
YOU AGREE THAT THE COMPANY, THE COVERED PARTIES, AND THEIR PARENT COMPANIES, AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS (COLLECTIVELY, THE "RELEASED PARTIES") WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY MEMBERS OR ANY PERSON FOR, ANY LIABILITY FOR ANY INJURIES, LOSSES, CLAIMS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE OR EXEMPLARY DAMAGES, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE) TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ANY ACTION TAKEN OR NEGLECTED TO BE TAKEN WITH REGARD TO THE PROGRAM OR ANY USE OF THIS SITE, THESE PROGRAM TERMS, REDEMPTION OF POINTS FOR FLIGHT OR CAR REWARDS, THE USE OF THE AIRLINE TICKETS, CAR RESERVATIONS, OR ANY ASSOCIATED TRAVEL, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR (A) LOSS OR MISDIRECTION OF, OR DELAY IN RECEIVING, ANY RESERVATION OR ORDER, CORRESPONDENCE, OR OTHER REWARDS OR REWARDS-RELATED COMMUNICATIONS; (B) THEFT OR UNAUTHORIZED REDEMPTION OF POINTS, RESERVATIONS, TICKETS OR OTHER REWARDS OR USE OF SAME CAUSED BY CIRCUMSTANCES BEYOND THE REASONABLE CONTROL OF THE RELEASED PARTIES OR OUR AGENTS; (C) ANY ACTS OR OMISSIONS OF THIRD PARTIES; OR (D) ANY ERRORS PUBLISHED IN RELATION TO THE PROGRAM, INCLUDING, WITHOUT LIMITATION, ANY TYPOGRAPHICAL ERRORS, ERRORS OF DESCRIPTION, ERRORS REGARDING PARTICIPATING PROGRAM AND THIRD PARTY PROVIDERS, AND ERRORS IN THE CREDITING OR DEBITING OF POINTS FROM MEMBER ACCOUNTS. WE RESERVE THE RIGHT TO CORRECT, WITHOUT NOTICE, ANY ERRORS.
The Flight and Car Rewards in this Program are supplied by "Third Party Providers", either independently or as a Program affiliate, that are not under the ownership or control of the Released Parties. Neither the Program nor the Released Parties are responsible for the action or inaction of each such Third Party Provider, nor is the Program or the Released Parties liable for any loss or penalties incurred if any Provider is sold, ceases to exist or becomes inoperative; or if a Reward or part of a Reward is cancelled or modified; or for acts of nature.
THE PROGRAM AND THE RELEASED PARTIES ARE NOT RESPONSIBLE OR OBLIGATED IN ANY WAY IN CONNECTION WITH THE OPERATION OF THIRD PARTY PROGRAMS OR FOR ANY EXPENSE, LOSS, INJURY, DAMAGE, DELAY, ACCIDENT OR ANY OTHER MATTER WHATSOEVER, HOWEVER SUFFERED OR CAUSED, DIRECTLY OR INDIRECTLY ARISING OUT OF PARTICIPATION IN A THIRD PARTY PROVIDER PROGRAM INCLUDING, WITHOUT LIMITATION, (I) FAILURE OR DELAY BY THE THIRD PARTY PROVIDER TO REDEEM FLIGHT AND CAR REWARDS OR TO PROVIDE ANY SPECIFIC REWARDS, FOR WHATEVER REASON; (II) DAMAGE AND/OR DELAY DUE TO AIRLINE PROVIDER OR CAR RESERVATION CANCELLATIONS, (III) LOSS OR DAMAGE CAUSED BY FLIGHT AND CAR REWARDS SUPPLIED OR REQUESTED BY THE THIRD PARTY PROVIDER; (IV) ANY CHANGES TO A THIRD PARTY PROVIDER PROGRAM WITH OR WITHOUT NOTICE; (V) TERMINATION OF A THIRD PARTY PROVIDER PROGRAM, WITH OR WITHOUT NOTICE, FOR WHATEVER REASON. YOU AGREE THEREFORE NOT TO MAKE ANY CLAIMS AGAINST US FOR ANY MATTER CONNECTED IN ANY WAY WITH A THIRD PARTY PROVIDER. ALL RECOURSE FOR ANY AND ALL LIABILITY IN CONNECTION WITH A THIRD PARTY PROGRAM IS AGAINST THE THIRD PARTY PROVIDER ONLY.
FURTHER, EXCEPT AS SET FORTH BELOW, THE RELEASED PARTIES ACCEPT NO RESPONSIBILITY FOR ANY SHORTAGES, SICKNESS, PILFERAGE, LABOR DISPUTES, BANKRUPTCY, MACHINERY BREAKDOWN, QUARANTINE, GOVERNMENT RESTRAINTS, WEATHER, TERRORISM OR CAUSES BEYOND THE RELEASED PARTIES' CONTROL. NO RESPONSIBILITY IS ACCEPTED FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENTAL AUTHORITY. NO RELEASED PARTY SHALL BE RESPONSIBLE FOR ANY AIRLINE OR CAR PROVIDER'S BREACH OF ANY WARRANTY INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR OF MERCHANTABILITY, NOR SHALL ANY COVERED PARTY BE RESPONSIBLE FOR ANY OTHER WRONGDOING OF A PROVIDER (INCLUDING ANY LIABILITY IN TORT), AS TO ANY PRODUCTS AND/OR SERVICES AVAILABLE THROUGH THIS SITE. NO RELEASED PARTY SHALL BE RESPONSIBLE FOR ANY AIRLINE PROVIDER'S FAILURE TO COMPLY WITH THESE PROGRAM TERMS NOR FOR ANY AIRLINE OR RENTAL CAR PROVIDER'S FAILURE TO COMPLY WITH APPLICABLE FEDERAL, STATE, PROVINCIAL AND LOCAL LAW.
If, notwithstanding the above, a Released Party is found liable for any loss or damage relating to the use of this site, the sole remedy available to you in connection with the Program (whether your claim is based in law or equity) shall be the crediting or re-crediting to your Rewards Program Membership Account of points in an amount no greater than the number of points at issue. Some states, to the extent their law might be deemed to apply notwithstanding the selection of Maryland law as described below or do not allow the limitation of liability, so the foregoing limitations might not apply to you.
Neither the Rewards Program nor any Flight or Car Reward or benefit offered by the Rewards Program creates, constitutes or gives rise to any legal or contractual rights by Members against Company. THIS SECTION WILL SURVIVE TERMINATION OF MEMBER'S PARTICIPATION IN THE PROGRAM.
You agree to indemnify and hold the Covered Parties and their subsidiaries, affiliates, officers, directors, agents and employees harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your gross negligence or breach of these Program Terms or your violation of any law or the rights of a third party. A Covered Party's failure to act with respect to your gross negligence or breach by you or others does not waive its right to act with respect to subsequent or similar gross negligence or breaches.
Seller of Travel
Connexions is a registered seller of travel in each of the states listed below:
6442 City West Parkway
Eden Prairie, MN 55344
9300 West Overland Rd.
Boise, ID 83709
12755 Olive Blvd.
St. Louis, MO 63141
Any disputes arising out of or related to your use of this Site or these Program Terms shall be handled individually without any class action, and shall be governed by, construed and enforced in accordance with the laws of the State of Maryland.
These Program Terms, together with those incorporated or referred to herein shall constitute the entire agreement between You and the Covered Parties relating to the subject matter hereof, and supersede any prior understandings or agreements (whether oral or written) regarding the subject matter that may previously have been in effect, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site.