By enrolling in the Membership, the Member agrees to be bound by the Phuket Privilege Membership Agreement set out below. By applying for or purchasing the Membership or acquiring the Privileges, the Member represents that he/she has all qualifications as required in Clause 6 (Qualifications of the Applicant/the Member). The Member agrees that the Company may from time to time amend or supplement the Membership Agreement. This Membership Agreement is incorporated into and forms part of the Application for the Membership.
1. Definition in this Membership Agreement:
- “Application” means the Application Form for Membership;
- “Card” means the Membership Card approved and issued to the Member by the Company pursuant to the terms and conditions of Membership Agreement;
- “Card Reissuing Fee” means the fee to be paid by the Member to the Company when the Member requests for the issuance of the new card due to loss or damage to the Card, which is to be discussed more particularly in detail under Clause 5.2;
- “Company” means Phuket Privilege Card Company Limited;
- “E-Privilege” means the e-Privilege and card holder manual which prescribe the terms and conditions of the Privileges and other details which are relevant to the Membership which shall be provided to the Member by the Company once the Company has received the Membership Fee.
- “Member” means the applicant under the Application whose Membership has been approved by the Company;
- “Member Contact Center” means a contact center of the Company or the Service Provider which the Member may make contact via email channel;
- “Membership Fee” means the membership fee that the applicant shall remit to the Company for enrollment of the Membership, which is to be discussed more particularly in detail under Clause 5.1;
- “Prevailing Rate” means the latest rate of the Membership Fee announced by the Company in writing;
- “Privileges” means exclusive privileges as set out in the e-Privilege which may be, from time to time, updated or amended by the Company;
- “Sales Agent” means an authorized representative of the Company;
- “Service Provider” means any person or any juristic entity, which may be developed from time to time, collaborating with the Company in providing the Privileges in relation to the Membership as set out in the e-Privilege, or as the Member shall be advised from time to time;
2. Terms of Membership
Conditions Precedent
The Company’s approval, as well as receipt of the Membership Fee, shall be conditions precedent for this Membership Agreement.
Personal Information
The Member agrees that the Company may check or reveal any personal information or any information provided in the Application or provided otherwise to the Company. This consent shall survive the termination or expiration of this Membership Agreement.
Validity of the Membership
Subject to each of the Privileges’ specific enjoyment period stated in Clause 4, the term of the Membership shall be valid for one (1) year. If the Company does not receive full payment of such amount within the payment due date as specified in the invoice, then the Company shall be entitled to suspend all Privileges for the Member at the Company’s discretion until payment of such delinquent amount is made in full.
Termination
- Automatic Termination
The Membership shall be automatically terminated once the Member dies or fails to maintain any of the qualifications set out in Clause 6, or it is apparent that the information provided by the applicant/the Member to the Company regarding the qualifications under Clause 6 is untrue.
- Termination due to inappropriate conducts
The Company may terminate the Membership by giving an advance written notice to the Member upon the occurrence of any of the following events:
- The Member has conducted any act which is considered to be illegal or contrary to public order or good morals and has negative impact on the images or business operations of the Company;
- The Member has fraudulently used his/her Privileges; or
- The Member has not complied with terms and conditions of this Elite Easy Access Membership Agreement or the E-Privilege.
- Rights and duties after termination
It is understood that in case of the termination pursuant to Clause 2.4 (1) or (2) above, the Membership hereunder shall immediately become invalid whereupon the Member’s right to the Privileges hereunder shall be ceased and the Membership Fee shall also be forfeited to the Company.
3. Service Access
- The Card and the Member Identification Number are the keys to access the Privileges. The Member must activate the Card to access the complete Privileges by visiting http://www.phuket privilege.com or contacting the Member Contact Center. The card must only be used by the Member whose name is printed on the Card.
- The Card or any proof of identity or any other evidence (as agreed by the Company and the Service Provider) must be shown to the Service Provider before obtaining the Privileges.
- Signature as similarly appeared on the passport or on the Application shall be required from the Member for the use of any services.
4. Privilege Usage and Benefits
- It is understood that at present the following Privileges are subject to a limited number of usages per each calendar year. The Company shall provide the Privileges to the Member throughout the term of Membership respectively as follows:
- Greeting and escort on arrival and departure, complimentary limousine transfer subject to confirmation of request with the terms and conditions of Company for GOLD and PLATINUM members.
- Special services from our partner hotels, dining establishments, shopping malls, golf courses, etc.
However, the Member shall request the Privileges via email at least seven (7) working days, and the Member can check the Company website for update privileges and benefits.The Company reserves the rights to change the above limitation of usage from time to time at its sole discretion.
- The Company reserves the rights to modify, cancel and/or prescribe further limitation on any of the Privileges without prior notice. The use of the Privileges shall be subject to the specific terms and conditions as stated in the E-Privilege. The E-Privilege, as may be amended or supplemented, is considered an integral part of this Membership Agreement. In case any of the Privileges has been used by the Member up to the limited number as prescribed in Clause 4.1 or pursuant to this Clause 4.2 at any time in the future, the Member agrees to pay the Company an additional charge for additional usages of the relevant Privileges in accordance with the rate which shall be notified to the Member from time to time.
- The change of the Privileges or the Service Provider will be notified from time to time to the Member.
- Any of the Privileges may be cancelled if it is prohibited by the laws of Thailand.
- The scope of Privileges shall be in accordance with the specific terms and conditions as stated in the E-Privilege.
- The Privileges are considered to be personal rights of the Member.
- Liabilities & Limitations
- The Company shall not be liable to the Member or a third party for any products or services provided by Service Provider to the Member for any delay and/or defect in performance of the same by any reason whatsoever. Such limitation shall cover any loss or injury or any direct, indirect, incidental, consequential, punitive, or similar damages arising out of the use or the inability to use the Privileges. This limitation applies irrespective of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the Company has been advised of the possibility of such damage. The Member hereby waives any and all claims against the Company arising out of the use or the inability to use the Privileges.
- All express or implied warranties, representations, statements, terms and conditions relating to the Privileges or this Membership Agreement, not contained in this Membership Agreement and/or the e-Privilege, are excluded from this Membership Agreement to the extent permitted by law. The aggregate liability of the Company under or relating to this Membership Agreement whether in contract, tort (including without limitation to negligence) is limited to an amount equal to the Membership Fee paid by the Member to the Company under this Membership Agreement.
- The Member agrees that the Company shall have the rights at all time to assign wholly or in part any or all of its rights, duties, and obligations to any of its affiliates or any other person, provided that the Member is notified in writing prior to any such assignment.
5. Fee(s) and Conditions
Membership Fee
SILVER. : THB 40,000 (Forty Thousand Baht only) per annum, inclusive of value added tax.
GOLD : THB 70,000 (Seventy Thousand Baht only) per annum, inclusive of value added tax.
PLATINUM : THB 100,000 (One Hundred Thousand Baht only) per annum, inclusive of value added tax.
In case of the Member has not receive an approval from the Company after the Member paid the Membership fee in full, the Company shall deduct processing fee of THB 2,000 from the Membership Fee.
6. Qualifications of the Applicant/the Member
The applicant/the Member must have and maintain to have following qualifications:
- Not having been sentenced by a judgment to imprisonment in any countries except for an offence committed to negligence;
- Not having been adjudicated bankrupt;
- Not having been declared as a person of unsound mind, incompetence, or quasi-incompetence;
- Being allowed to stay in Thailand in accordance with the immigration laws or any other related laws of Thailand;
- Holding a foreign passport; and
- Minimum age limit of 20 years.
7. Interpretation
In the event that interpretation of the terms and/or conditions of this Membership Agreement or any part of this Membership Agreement or document that is deemed a part of this Membership Agreement or any of the terms and conditions stipulated in the E-Privilege is needed, the Member hereby agrees that the Company’s interpretation shall be conclusive. If there is any inconsistency between the terms and/or conditions of this Membership Agreement and the terms and/or conditions of the E-Privilege, the terms and conditions of this Membership Agreement shall prevail.
8. Governing Law
This Membership Agreement shall be governed by and construed in accordance with the laws of Thailand.
9. Notice
Any notice or other communication in connection with this Membership Agreement shall be made in writing in English language (a “Notice”) and shall be sent via email at contact@phuketprivilege.com only.
10.Miscellaneous
The Member agrees and acknowledges that at any time based on the Company’s discretion, the Company may waive its right to demand any compliance with the terms and conditions of this Membership Agreement or the E- Privilege from the Member. Such waiver shall not affect any right of the Company to enforce the terms and conditions of this Membership Agreement or the E-Privilege at any time in the future.
I understand that the Membership is subject to an approval by the Company. Within fifteen (15) working days after having received an approval from the Company, I shall make payment or procure to make payment of the Membership Fee in the amount as prescribed in the Membership Agreement, without deduction of any bank charges, to the bank account of Phuket Privilege Card Company Limited which shall be notified to the applicant on a non-refundable basis for the enrollment of the Membership, otherwise it shall be deemed that such approval shall be automatically revoked without a requirement of any further notice from the Company.