Marriott Rewards® Flight and Car Rewards Program Terms and Conditions

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:

  1. You are an individual who: (a) is at least 18 years of age, or alternatively, at least the age of majority in your national or local jurisdiction of legal residence (whichever is greater), and possesses the legal authority to enter into this agreement; (b) is a legal resident of a country that legally permits participation in loyalty and frequent stay programs; and (c) is not an employee of Company; and
  2. All information supplied by You using this Site is true and accurate; and
  3. You have read, understood and accepted these Program Terms, as well as the Terms of Use of the Site which are incorporated by reference herein; and
  4. You have read, understood and accepted the Terms and Conditions of the Marriott Rewards Program (http://www.marriott.com/rewards/terms/default.mi) (the "Rewards Program"), which are incorporated by reference herein in their entirety, and you are eligible for membership in the Program; and
  5. You consent to the Company and its authorized third party agents' processing data that is personal to you, and disclosing such data to third parties (such as air travel suppliers and car rental companies) as necessary to fulfill your redemption order, and transferring data across national borders, including transfer to companies in the United States, in accordance with Marriott's Privacy Statement.

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 general provisions for website use set forth in the Site Terms of Use, you agree that:

  1. You are responsible for any error in the accuracy of information that You provide in connection with this Site; and
  2. The reward portion of Your transaction will be paid for by points from Your Marriott Rewards Program Member Account; and
  3. You are responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this Site. If applicable, any fees or redemption associated charges will appear on the monthly credit card statements for your Marriott Rewards Visa® credit card, or such other credit card as you may provide to the Program, as TRIP CHARGES. The remaining balance not charged by the Third Party Provider may also appear on your credit card statement as TRIP CHARGES; and
  4. You will only use the Site to redeem points for legitimate travel reservations and/or tickets for You or for another person for whom You are legally authorized to act.; and
  5. You will inform any other individuals for whom You purchase reservations and/or tickets of these Program Terms; and
  6. You agree to all terms and conditions of purchase imposed by the Company and the other Covered Parties.

Redeeming points

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.

Reservations

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

  1. Reservations must be booked 72 hours in advance.
  2. Rewards points may be redeemed for Hertz car rentals in the United States and in participating countries in Europe. Car rental redemptions may not be available for all locations and destinations.
  3. All car rentals are subject to the applicable laws, regulations and ordinances, and published terms and conditions of the applicable rental company, and geographic restrictions may apply. You agree to abide by the terms and conditions imposed by Hertz and you understand that failure to do so may result in cancellation of your reservation(s) and your being denied access to rentals, and any costs incurred by a Covered Party as a result of such violation will be charged to You. Car rental policies are subject to change at any time without notice and may vary by location.
  4. Renters must be 25 years of age and have a valid driver's license, major credit card and good driving record.; car rental suppliers reserve the right to deny rental due to past driving record. Minimum rental age for reward certificate usage is 25
  5. Hertz reserves the right to deny rental due to past driving record or failure to meet other rental company or legal requirements. Rental rates are based on 24-hour periods and may be subject to additional fees depending on time of return, including but not limited to hourly rental charges which will be billed directly by Hertz. One way rentals are not permitted on this Site.
  6. Modifications or cancellations to car rental reservations are subject to a $35 fee payable to Connexions, in addition to any increase in cost associated with a modified car rental reservation. Points cannot be used to pay this fee. In the event of modification or cancellation, once payment of the $35 fee to Connexions has been processed, car rental charges paid using points will be refunded with points, and charges paid using a credit card will be refunded via credit card. No-shows are non-refundable.
  7. Rates do not include taxes, service charges or other additional fees unless otherwise noted. Charges for optional services such as insurance waivers, fuel, additional or underage drivers, special equipment charges, etc. are not included in your rental. All such taxes, service charges, additional fees and charges for optional services must be paid directly to Hertz in cash, not points. Please contact your insurance company if you are unsure whether to accept rental ¬car company insurance.
  8. Special requests made to Hertz are on a request only basis and cannot be guaranteed.
  9. Certain rate types do not permit credit for airline frequent flyer programs or car loyalty programs.
  10. You agree to abide by the terms and conditions imposed by Hertz and you understand that failure to do so may result in cancellation of your reservation(s) and your being denied access to rentals, and any costs incurred by a Covered Party as a result of such violation will be charged to You. Car rental policies are subject to change at any time without notice.

Airline Tickets & Policies

  1. Rewards Program Members may redeem points in exchange for airline tickets with participating airline partners. Airline redemption's may not be available for all locations and destinations.
  2. All airline tickets are subject to the published conditions of carriage and rules of the applicable airline. The contract of carriage in use by the applicable airline shall be between the applicable airline and the passenger. You agree to abide by the terms and conditions imposed by any supplier with whom you elect to deal and you understand that failure to do so may result in cancellation of your reservation(s) and your being denied access to any flights, and any costs incurred by a Covered Party as a result of such violation will be charged to You. Airline policies are subject to change at any time without notice. Please check with the carrier directly. Connexions shall have no responsibility for any credit or voucher issued by any airline, and any questions or issues you may have with respect to such credit or voucher must be addressed directly with the airline.
  3. Government imposed departure or entry taxes may not be included in ticket taxes. Passengers should be prepared to pay these taxes in cash on location.
  4. All flight details should be confirmed with the applicable airline including, without limitation, the schedule of your flight, airline boarding, check-in and other policies, baggage charges, size limitations, or restrictions, and any other additional fees that must be paid directly to the applicable airline.
  5. Upgrades are not permitted on certain itineraries.
  6. The Covered Parties maintain no control over the personnel, equipment or operations of any airline. The Covered Parties do not guaranty or insure the services provided by any supplier of air travel. The Covered Parties neither control nor take responsibility for the terms and conditions of the airline programs, and the airlines may change their respective policies and programs at any time with or without notice.
  7. Advance seat assignments, if available and allowed by airline, are not guaranteed. Please inquire with the airline about your boarding pass(es).
  8. Flight schedules are subject to change. We are not responsible for any schedule change(s) or notifying you of such change(s); please reconfirm your reservations with each airline at least 48 hours prior to departure for domestic flights and at least 72 hours prior to departure for international flights. Reconfirmation of flights is mandatory when returning from Canada, Mexico, Hawaii and all international destinations.
  9. Failure to use any reservations may result in automatic cancellation of all continuing and return reservations. You must advise the airlines if your travel plans change en route.
  10. Turboprop aircraft may exist on your itinerary. Airlines reserve the right to change aircraft equipment without notice to the booking travel agency or the consumer.
  11. Please review your itinerary, as code-share flights may exist. If a code-share flight exists in your itinerary, passengers must check in with the operating airline on day of departure.
  12. If your ticket(s) is lost, stolen, or destroyed, contact Connexions immediately for details on how to process your claim. Until any permitted refund or credit is completed by the issuing carrier, you remain legally responsible for payment, in full, of the lost, stolen, or destroyed ticket(s).
  13. Certain rate types do not permit credit for loyalty programs.

Airline Cancellation Policy

  1. All ticket purchases are final and cannot be cancelled, refunded, exchanged, transferred, sold or assigned, except in limited circumstances in accordance with the specific airline's ticket cancellation or modification policies. Accordingly, carefully review your ticket purchases for any errors or discrepancies prior to purchase. In very limited circumstances, changes may be possible.
  2. If you need to make changes to your travel itinerary, call the applicable customer service number listed on the Site. If changes are possible, a $50 per ticket service fee will be charged by Connexions for changes or cancellations as well as additional airline fees. Any cancellation fees must be paid in cash and not points. In the event of modification or cancellation, and if permitted under the airline's terms and conditions of booking, once payment of the $50 per ticket fee to Connexions has been processed, ticket charges paid using points will be refunded with points, and charges paid using a credit card will be refunded via credit card.
  3. Unused tickets contain no value if not cancelled prior to departure. Tickets may not be reassigned or transferred to a different passenger or airline.

General Travel Information

  1. A government issued picture ID is required for all domestic travel. Additional identification such as a Passport, Visa and certain health requirements may be required for travel outside the United States. For foreign entry requirements, go to travel.state.gov/travel or contact the embassy/consulate of the country to which you are travelling, to determine entry documentation and other requirements, such as immunizations that must be satisfied by you, including return entry into the United States. It is your responsibility to obtain proper travel identification and satisfy all other requirements for the destination. Carriers cannot board any passenger who fails to carry required documents. Passenger identification must match the name on the airline reservation or ticket(s). Some airlines may require you to show the credit card used as payment for your ticket(s).
  2. Minors under the age of 18 who are traveling with only one parent may be required to have additional documentation. Please contact your airline or the embassy/consulate of the country to which you are traveling for additional information.
  3. The Covered Parties have no special knowledge regarding the suitability for disabled persons for any travel itinerary. The Covered Parties also have no special knowledge regarding unsafe conditions, health hazards, weather hazards, or climate extremes at locations to which you may travel.
  4. For information concerning possible dangers at international destinations, we recommend contacting the Travel Advisory Section of the U.S. State Department at 202-647-5225.
  5. For medical information, we recommend contacting the Centers for Disease Control at 404-332-4559. For foreign health requirements and dangers, go to http://wwwn.cdc.gov/travel.
  6. Travel reservations are subject to the rules of each supplier on your itinerary.

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.

General Conditions

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.

Indemnification

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:

CLTS
6442 City West Parkway
Eden Prairie, MN 55344
Phone: 952-914-6500

CLTS
9300 West Overland Rd.
Boise, ID 83709
Phone: 208-429-2300

CLTS
12755 Olive Blvd.
Suite 200
St. Louis, MO 63141
Phone: 314-851-3400

Governing Law

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.

Entire Agreement

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.