Travelport Rewards Middle East Terms & Conditions of Use
Welcome to Travelport Rewards Middle East.
Travelport International Operations Limited provides access to the Program via this Website together with products and services offered through the Program subject to the terms and conditions set out below.
Please read these terms and conditions carefully . Your registration to participate in the Program and to access and use shall be deemed as you r agree ment to be bound by these terms and conditions (as may be updated and/or amended from time to time) . The use of the Program and all related products, services and promotions is subject to the terms and conditions as specified below.
In these terms and conditions,references to “we” and “us” and "our" and “Travelport” shall mean Travelport International Operations Limited (or such other Affiliate as Travelport may nominate to administer the Program from time to time) , and references to , “ you ” and “ your ” and “ User” shall refer to you.
CONDITIONS RELATING TO PARTICIPATION IN THE PROGRAM
In these terms and conditions the following words and expressions shall have the following meanings:-
means any company which is a subsidiary or holding company of Travelport or any subsidiary of such holding company;
"Authorised Travel Agent"
means a subscriber to the Travel Commerce Platform which Travelport, oran Affiliate of Travelport has in its discretion authorised to permit the subscriber’s employees and/oragents to participate in the Program;
"Basic Booking Product"
means a subscriber to the Travel Commerce Platform which Travelport, or an Affiliate of Travelport has in its discretion authorised to permit the subscriber’s employees and/or agents to participate in the Program;
means any hotel chain that Travelport may, from time to time, include in the Program;
has the meaning gi ven in Clause 5.5 of these terms and conditions;
means the agreement entered into between the User and the issuer of the Loyalty Card which sets out the terms and conditions governing the User's use of the Loyalty Card;
means an Eligible Air Booking and/or an Eligible Hotel Booking whichever the context requires;
has the meaning gi ven in Clause 5.5 of these terms and conditions;
"Travel Commerce Platform"
means the global distribution systems operated by Travelportand/or its Affiliates under the brand names "Galileo" and"Worldspan", and as such systems may be varied or amended fromtime to time;
all patents, rights to inventions, copyright and related rights, moralrights, database rights, rights in designs, trademarks, service marks,trade names, domain names, rights in goodwill or to sue for passing-off, rights in undisclosed or confidential information (such asknowhow, trade secrets and inventions (whether patentable ornot)) and other similar or equivalent rights or forms of protection(whether registered or unregistered) and all applications (or rightsto apply) for, and for renewals and extensions of, such rights as maynow or in the future exist anywhere in the world;
means the Travelport MasterCard loyalty card issued to the Userunder the Cardholder Agreement;
means a calendar month
means this Travelport Rewards Middle East rewards program;
“Redeemable Reward Points”
Means Redeemable Air Reward points and/or Redeemable Hotel Reward Points, as the context requires;
has the meaning given in Clause 4.1;
means the Hotel Reward Points and/or the Air Reward Points (whichever the context requires) which awarded by Travelport to Users under the Program for Eligible Bookings;
means a Brand Hotel room booked for one night as part of an Eligible Hotel Booking. For example, if an Eligible Hotel Booking consisted of two Brand Hotel rooms being reserved for two nights, the number of Room Nights would be four (4).
a Galileo/ Worldspan desktop add-on application operated byTravelport which provides additional functionality to the BasicBooking Product;
means the country in which the Authorised Travel Agent is situated,which shall be in one of the following countries:
a. United Arab Emirates;
means the account created by the User when registering on theWebsite and accessed by the User using the User ID (also referredto as the Travelport Rewards ME Profile);
means all data and information supplied to Travelport by the Userin connection with the Program;
means the confidential user name and password as chosen by theUser in accordance with Clause 4;
means a vendor of travel-related products or services of any sortthat participates in the relevant Travel Commerce Platform fromtime to time, including an airline, hotel, rail operator, tour company,car rental company or cruise operator; and
2. The Program
The Program enables certain employees or agents of Authorised Travel Agents (as authorised by thatAuthorised Travel Agent) to earn, in connection with their use of the Travel Commerce Platform,Reward Points. Reward Points are then automatically redeemed for financial reward in the form ofcredit on the User's Loyalty Card which can be spent by the User using his or her Loyalty Card.
3.1 An individual will be eligible to register for the Program if they:
(a) are at least 18 years of age;
(b) are an employee or agent of an Authorised Travel Agent;
(c) are a resident of a country in the Territory;
(d) have an email address that is registered with their employer Authorised Travel Agent;
(e) have received express authorisation from their employer Authorised Travel Agent to participate in the Program; and
(f) expressly and explicitly agree to be bound by and to comply with these terms and conditions, including the processing and transfer of User Data in accordance these terms and conditions.
3.2 Travelport may at its discretion request that individuals provide documentary proof thatthey satisfy any of the criteria outlined above and shall be entitled to refuse participation inthe Program to any individual unable to provide such proof.
3.3 An individual that satisfies the criteria outlined above shall be considered an eligible User ofthe Program and may register for membership for use of the same.
3.4 An individual will not be eligible to register for the Program if he or she is an employee ofTravelport, any of its Affiliates or any suppliers or business partners of Travelport connectedwith the administration of this Program or their families.
4.1 Eligible users may register for the Program by completing the online registration form (“Registration Form”)available on the Website. Registration Forms must be completed in full.
4.2 Travelport reserves the right not to register individuals with a mailing address in certaincountries and/or regions. Such countries and/or regions are subject to change at Travelport’ssole discretion. Reasonable notice will be given in circumstances where removal of a countryand/or region will affect the membership of existing Users.
4.3 If a User is accepted onto the Program, the User will receive an email from Travelportconfirming such User's active status.
4.4 Registration is offered at the discretion of Travelport and Travelport may refuse registrationto any User. Registration approvals may take up to five (5) working days from submission ofa completed Registration Form. Once registered, Users can then log on to the Website usingtheir User ID.
4.5 User ID’s are personal to each User and are not transferable. The User acknowledges that itsUser ID is confidential and the User shall not disclose its User ID to any third party or permitany third party to access the website using its User ID. Any breach of security of a User IDshould be notified to Travelport immediately. Travelport shall have the right to immediatelycancel any User ID in the event that Travelport in its discretion suspects a breach of securityor that the User ID has been disclosed to a third party. The individual User will be responsiblefor all activity on that User’s User Account. All Users are advised to change their passwordregularly to protect the integrity of their User Account.
4.6 Multiple User Accounts are not permitted and each User must maintain only one account.In the event of duplication of User Accounts, all User Accounts other than the first UserAccount approved by Travelport will be cancelled together with any duplicate RewardPoints.
4.7 Users are not permitted to transfer account registration between countries in which theProgram operates.
4.8 Only Users which have been expressly approved by Travelport for participation in theProgram are permitted to earn Reward Points. Users are not entitled to Reward Points ifthey have given incomplete or incorrect information when registering for participation in theProgram or if they have failed to notify Travelport of any changes to their information.
4.9 It is important that Users provide a valid email address and mailing address and informTravelport of any changes to any such information. Correspondence will be sent to the User’semail address and/or mailing address as provided on the Registration Form. Travelportreserves the right to provide information, including changes to the Program and these termsand conditions to active Users only. An active User is a User who has accumulated and/orhas had Reward Points redeemed within a three (3) month period after User Accountactivation.
4.10 In no event shall Travelport be responsible for late, lost or misdirected correspondence byemail and/or traditional mail.
5. Collecting and Redeeming Points
5.1 Each User is eligible to collect Reward Points once they have successfully registered on theWebsite. Reward Points can only be earned, held or redeemed as set out in these terms andconditions (as may be amended from time to time). Any other use, including sales, exchangeor transfer of Reward Points or any attempt to do so, is prohibited and will amount to aserious breach of these terms and conditions.
5.2 One Air Reward Point shall be awarded for each Eligible Air Booking generated by the User. For the purpose of these terms and conditions and this Clause in particular, an "Eligible Air Booking" shall mean an air travel reservation for one passenger over one segment of a journey on a direct itinerary which:
5.2.1 is made by the User via the Travel Commerce Platform;
5.2.2 results in a fee paid by the Vendor to Travelport or to one of its Affiliates;
5.2.3 has been accepted by the Vendor;
5.2.4 is made in the Territory; and
5.2.5 is not an Excluded Booking.
5.3 The User acknowledges that its bookings should be made using Smartpoint version 6.1 orabove. The User further acknowledges that Travelport may, at any time, introduce either byway of new terms and conditions of use, or by separate communication (with suchcommunication being deemed as incorporated into these terms and conditions from thedate of the communication) make the eligibility for and collection of Reward Points strictlyconditional on the specific usage of Smartpoint version 6.1 or above.
5.4 In the event that Travelport runs a promotional campaign with a Brand Hotel(s), then inrelation to each Eligible Hotel Booking, the User shall be awarded one Hotel Reward Pointfor every Room Night relating to such Eligible Hotel Booking. For the purposes of theseterms and conditions, and this Clause in particular, an “Eligible Hotel Booking” shall mean ahotel reservation with a Brand Hotel for one or more persons where such persons have usedand paid for such hotel reservation no later than the expiry of the relevant promotionalcampaign period. The value of a Hotel Reward Point shall be determined by Travelport onan ad-hoc basis in accordance with the terms of the relevant promotional campaign.
5.5 For the purposes of these terms and conditions, an "Excluded Booking" means:
5.4.1 bookings made by a User or other person that gains access to the Travel CommercePlatform directly or indirectly via the internet, an on-line network, or any othermeans where Travelport has not supported or provided such access;
5.4.2 bookings made by any person other than the User;
5.4.3 bookings made (a) on a website owned or operated directly by or on behalf of aVendor; or (b) directly with a Vendor;
5.4.4 bookings made for which Travelport or any of its Affiliates do not receive a fee orreceive a reduced fee from a Vendor;
5.4.5 any booking made which is subsequently cancelled ("Cancelled Bookings") (and forthe avoidance of doubt, any bookings which are not verified or ticketed shall betreated as Cancelled Bookings); or
5.4.6 bookings made which are subsequently proved to be speculative, duplicative,fictitious or made solely for the purpose of achieving productivity-based bookingobjectives.
5.6 No later than eight (8) weeks after an Eligible Hotel Booking has been (a) booked and (b)“Consumed”, (i.e. the hotel reservation was used and paid for), Travelport will record thetotal Hotel Reward Points earned by the User in relation to such Eligible Hotel Booking (the“Redeemable Hotel Reward Points”). Redeemable Hotel Reward points shall beautomatically redeemed for credit on each Users’ Loyalty Card no later than twelve (12)weeks from the date of such Eligible Hotel Booking being Consumed.
5.7 All calculations relating to the conversion value and award of Air Reward Points to the Usershall be at Travelport's sole discretion.
5.8 After the end of each Month, Travelport will record the total Air Reward Points earned byeach User for Eligible Air Bookings booked in such Month by such User (the "RedeemableAir Reward Points"). Redeemable Air Reward Points shall be automatically redeemed forcredit on each User's Loyalty Card by Travelport during the Month after the Eligible AirBookings were booked.
5.9 Notwithstanding the provisions of this Clause 5, an amount of up to 25% of your RedeemableReward Points balance in any Month will be withheld to account for any Cancelled Bookingsthat may occur following the respective Eligible Bookings being made. These RedeemableReward Points shall be credited (subject to any deductions for Cancelled Bookings) to yourRedeemable Reward Points balance in the following Month. Travelport has the right fromtime to time, at its sole discretion, to vary the amount of Redeemable Air Reward Pointswhich are withheld in any Month.
5.10 Travelport may, from time to time, determine any additional or replacement criteria forearning Reward Points which may include (but shall not be limited to):
(i) identity of airline, car and/or hotel vendors,
(ii) eligible sectors;
(iii) eligible regions;
(iv)eligible cabin classes (where relevant);
(v) eligible booking classes (wh ere relevant); and
(vi) usage of Smartpoint, Travelport products or tools.
5.11 For the avoidance of any doubt, any Eligible Bookings for which Reward Points are awardedbut which are subsequently cancelled shall result in a debit of such Reward Point(s) and theUser’s User Account, shall have the corresponding number of Reward Points deducted.
5.12 The User's use of the Loyalty Card is governed by and subject to the terms of the CardholderAgreement.
5.13 From time to time Travelport may run promotions that provide Users with an opportunityto earn more Reward Points. Registered Users will be notified of these promotions by email.Additionally, Travelport reserves the rights to award Reward Points to other agencies andagents in addition to any promotion that is offered to you.
5.14 Reward Points awarded for Eligible Bookings that are not tracked automatically may becredited later at Travelport’s sole discretion. Without prejudice to the foregoing, Users arenot eligible for Reward Points for Eligible Bookings booked prior to the User’s registration toparticipate in Program.
5.15 The User's use of the Visa Loyalty Card is governed by and subject to the terms of the Cardholder Agreement.
5.16 After Reward Points have been redeemed from a User Account, the number of redeemedReward Points will be deducted from such User’s total Reward Points.
5.17 Travelport will provide email notification to Users when such Users' Reward Points total hasbeen updated.
5.18 Reward Points are not transferable in any way (whether from person to person, account toaccount, card to card or otherwise) and cannot be bequeathed, devised or otherwisetransferred by operation of law. Users shall not purchase from or sell, barter or otherwisetransfer Rewards Points to, any other person.
5.19 Travelport shall only redeem Redeemable Reward Points where the value of suchredemption is greater than USD$10.00 where the Rewards Points are redeemed in US Dollarsand 50.00 AED where the points are redeemed in United Arab Emirate Dirhams.
5.20 Other than as provided h erein, Reward Points are not refundable or exchangeabl e .
5.21 Travelport reserves the right to limit the number of Reward Points which may be collectedover any given period.
5.22 Travelport reserves the right, in its sole discretion, to limit the Program's Reward Point'slifespan.
6.1 Travelport may terminate a Users' participation in the Program at any time by giving suchUser ten (10) days’ notice of such termination.
6.2 Travelport may terminate a User's participation in the Program at any time with immediateeffect by giving such User notice of such termination in the event of the following:
6.2.1 Travelport elects to discontinue the Program in whole or in part in the Territory;
6.2.2 the User's Authorised Travel Agent ceases to subscribe to the Travel CommercePlatform;
6.2.3 the User's Authorised Travel Agent instructs Travelport to terminate that User'sparticipation in the Program;
6.2.4 any legal or legislative requirement prohibits Travelport from operating the Programin whole or in part in the Territory;
6.2.5 the User breaches of the terms of these terms and conditions; or
6.2.6 if Travelport, in its reasonable opinion, believes that a User is deliberatelymanipulating Reward Point collection and/or redemption, is misusing the Programor is carrying out any fraudulent activity in respect of the Program.
6.3 The User's participation in the Program will immediately terminate in the event that the Userceases to be an employee of an Authorised Travel Agent. If the User transfers employmentfrom one Authorised Travel Agent to another Authorised Travel Agent then that User shallnotify Travelport and Travelport may, in its sole and absolute discretion, transfer the User'sUser Account to the new Authorised Travel Agent.
6.4 The User acknowledges and agrees that Travelport may elect to discontinue the Program atany time.
6.5 Following the termination of the User's participation in the Program for any reason:
6.5.1 Following the termination of the User's participation in the Program for any reason:
6.5.2 Travelport will delete the User's User Account and User ID and the User shall not bepermitted to access the Website;
6.5.3 any Rewards Points accumulated by the User at the date of termination shallimmediately expire and the User acknowledges and agrees that such Reward Pointsmay not be redeemed or otherwise used following the date of termination; and
6.5.4 all other rights granted to the User under the Program and under these terms andconditions will immediately terminate.
6.6.1 be without prejudice to any other obligations or rights of either Travelport or theUser accrued prior such to termination; and
6.6.2 shall not affect this Clause Termination of User Accounts or, without limitation,Clauses Definitions, Intellectual Property, Limitation of Liability and Governing law.
CONDITIONS RELATING TO USE OF THE WEBSITE
7. Access to the website and content
7.1 In order to access the Website a User and/or Authorised Travel Agent must:
7.1.1 provide for their own access to the Internet and pay all associatedtelecommunication service and access fees;
7.1.2 provide all equipment necessary to make connection to the Internet; and
7.1.3 ensure that their use of the Website is consistent with all applicable Laws.
7.2 Travelport will endeavour to allow uninterrupted access to the Website, but access to theWebsite may be suspended, restricted or terminated at any time. Travelport shall not beliable if for any reason the Website is unavailable at any time or for any period. Travelportreserve the right to change, modify, substitute or remove without notice any information onthe Website from time to time.
7.3 The User acknowledges and agrees that Travelport may in its sole discretion deny access tothe Website or to any services provided through it for any reason at any time, and Travelportshall have no responsibility to notify any third-party providers of any matter nor shall it haveany responsibility for any consequences which may result from such lack of notification.
7.4 In accessing and using the Website, Users agree and acknowledge that they are notpermitted to, and shall not:
7.5 In accessing and using the Website, Users agree and acknowledge that they are not permitted to, and shall not:
7.5.1 allow any other person access to any password, User ID or account given to the Userby Travelport;
7.5.2 affect, restrict, limit, inhibit any other person from using the Website;
7.5.3 copy, modify, licence, create derivative works from, transfer, post, publish, transmit,reproduce, distribute or in any way exploit:
(i) any information, software or other material obtained through the Website orfrom the Website for commercial purposes (other than as expressly permittedby these terms and conditions or the provider of such information, software orother material);
(ii) any information, software or other material obtained through the Websitewhich is protected by copyright or any intellectual property right or other rightsanywhere in the world, or any derivative works with respect to such works ineach case except if expressly permitted by these terms and conditions or thecopyright owner or rights holder; or
(iii) any component of the Website itself or derivative works with respect thereto.
7.6 Links to third party websites on the Website are provided solely for your convenience. If youuse these links you leave the Website. Travelport has not reviewed these third partywebsites and is not responsible for these websites or for their content oravailability. Travelport does not endorse or make any representations about such third partywebsites, or any materials found there, or any results that may be obtained from usingthem. If you decide to access any of the third party websites linked to the Website, you doso entirely at your own risk.
8.1 All Intellectual Property Rights in the material contained in the Website, together with the Websitedesign, text and graphics, and their selection and arrangement, and all software compilation,underlying source code and software (including applets) belongs to Travelport, its Affiliates, or theproviders of such information. All rights are reserved. None of this material may be reproduced orredistributed without Travelport written permission. A User may, however, download or print a singlecopy for personal non-commercial off-line viewing.
9. Data Submitted By Users
9.1 From time to time, a User may supply Travelport with information to be used for display onthe Website, which shall be subject to the following provisions:
9.1.1 Travelport accepts no liability for data supplied by any User for display on theWebsite and the limitations in Clause 15 below (limitation of liability) apply; and
9.1.2 Users agree and acknowledge that they are not permitted to:
(i) post or transmit on or via the Website any unlawful, fraudulent, libellous,defamatory, obscene, pornographic, profane, threatening, abusive, hateful,offensive, derogatory or otherwise objectionable information of any kind,including without limitation any transmissions constituting or encouragingconduct that would constitute a criminal offence, give rise to civil liability,violate any applicable Laws, or damage the goodwill and repute of Travelport;
(ii) Chhuteya na chhoote mose Rang tera dolna ... Bolna mahi bol na of any kind or other unsolicited commercial communication (except asotherwise expressly permitted by Travelport) or engage in "spamming","spoofing" or "flooding"; or
(iii) post or transmit on or via the Website any software or material which containsany "virus", "trojan horse", "worm", "data bomb", "logic bomb" or any othersimilar component.
9.2 The User warrants that the display on the Website by Travelport of any information providedby the User to Travelport will not:
9.2.1 infringe any applicable Laws; or
9.2.2 infringe the Intellectual Property Rights of any third party.
10. Cookies and IP Addresses
10.1 A cookie is a small text file written to a User’s hard drive that contains information aboutthat User. Cookies do not contain any personal information about Users. Travelport mayobtain information about your general internet usage by using a cookie file which is storedon the hard drive of your computer. Cookies help us to improve the Website and deliver abetter and more personalised service. They enable us to:
10.1.1 store information about your preferences, and so allow us to customise our site anddeliver marketing according to your individual interests;
10.1.2 speed up your searches; and
10.1.3 recognise when you return to our Website.
10.3 You may refuse to accept cookies by activating the setting on your browser which allows youto refuse the setting of cookies. However, if you select this setting you may be unable toaccess certain parts of our Website. Unless you have adjusted your browser setting, oursystem will issue cookies when you log onto the Website. Further details as to what cookiesare and how they can be deleted can be found at www.aboutcookies.org.
10.4 We may collect information about your computer, including where available your IP address,operating system and browser type, for system information and marketing purposes.
GENERAL CONDITIONS - Applies to Use of the Website and User’s Participation in the Program.
11. Special Promotions
11.1 From time to time, Travelport may offer special promotional campaigns related to products, tools orsuch other promotions that it may run from time to time, as well as promotional rates for RewardPoints and such accruals will be subject to the terms and conditions as published with each offer andwhich take precedence over these terms and conditions. Such promotions together with any termsand conditions relating to that promotion shall be notified to you via the email address you providedon registration.
12.1 Travelport reserves the right (but not the obligation) to audit Users' accounts and recordswithout notice to the User to check for compliance with these terms and conditions and/orany other applicable rules, regulations or terms and conditions. During an audit a User maybe unable to earn and/or redeem Reward Points.
12.2 Notwithstanding the foregoing Travelport has the right (but not the obligation) to monitorthe Website electronically from time to time and to disclose any information as necessary orappropriate to satisfy any applicable laws or other governmental request, to operate theWebsite properly, or to protect itself, its group companies or its subscribers. Travelport willnot intentionally monitor or disclose any private electronic-mail message unless required byany applicable law.
13. Ownership of Reward Points
13.1 Reward Points and all rights of title to and property in such Reward Points, remains withTravelport at all times and never passes to the User.
13.2 The risk (for example, theft or unauthorised or fraudulent redemption) associated with theReward Points passes to the User as soon as Reward Points are recorded on the User'sAccount, or otherwise awarded to the User. Travelport is not liable for unauthorised orfraudulent redemptions arising due to the actions of the User or the failure by the User toadhere to these terms and conditions.
14. User’s Tax Liabilities
14.1 Travelport makes no representations as to any income, use, excise or other tax liability ofUsers as a result of their participation in the Program.
14.2 For the avoidance of doubt the User is wholly responsible for the payment of all and any taxor other liabilities including without limitation any income tax in respect of the benefit orgoods and services redeemed through the Program. The User agrees to indemnifyTravelport (and keep Travelport indemnified) in respect of any claim or demand for tax orother amounts (including penalties and interest) which may be assessed by the relevant taxauthorities by reason of the participation of the User in the Program or any award madeunder or in connection with this Program, together with any costs and/or expenses(including legal and consultancy fees) incurred by the relevant tax authorities in connectionwith any such assessment.
15.1 The Website is provided on a "as is" and "as available" basis without warranty, condition orcommitment of any kind, whether express or implied.
15.2 The content presented on the Website may vary depending upon Users browserfunctionality and limitations. Travelport accepts no liability if Users cannot view any part orcomponent of the Website or cannot access or receive the full functionality of the Website.
15.3 Travelport shall use reasonable endeavours to ensure that the data on the Website isaccurate and to correct any errors or omissions as soon as practicable after being notified of 12them. Travelport does not monitor, verify or endorse information submitted by third partiesfor posting on the Website and Users should be aware that such information may beinaccurate, incomplete or out of date. To the extent permitted by applicable Laws,Travelport disclaim all warranties and representations (whether express or implied) as to theaccuracy of any information contained on the Website. Travelport does not guarantee thatthe Website will be fault free and does not accept liability for errors or omissions. Due tothe nature of electronic transmission of data over the internet, and the number of Users bywhom data is posted on to the Website, any liability that Travelport may have for any lossesor claims arising from an inability to access the Website, or from any use of the Website orreliance on the data transmitted using the Website, is excluded to the fullest extentpermissible by law. Travelport does not give any warranty that the Website is free fromviruses or anything else which may have a harmful effect on any technology.
15.4 Travelport and/or its Affiliates shall not be liable for any losses whether arising in contract,tort (including negligence), breach or statutory duty or otherwise or any failure to redeemany Rewards Points where such losses or failure arises from any act or omission of the issuerof the Loyalty Card.
15.5 To the maximum extent permitted by applicable Laws Travelport and its Affiliates disclaimand exclude all liability (whether arising in contract, tort (including negligence), breach orstatutory duty or otherwise) arising from any inaccuracy, failure of performance, error,omission, interruption, deletion, defect, delay in operation or transmission, computer virus,communication line failure, theft or destruction or unauthorised access to, alteration of, oruse of record. Under no circumstances shall Travelport or any of its Affiliate be liable to Usersfor any loss or damage suffered (both direct and indirect losses) arising from the User'saccess to and use of the Website.
15.6 In no event shall Travelport or its Affiliates be liable for any indirect loss, consequential loss,and/or loss of profit, data, revenue, business opportunity, goodwill or reputation whether incontract, tort or otherwise arising out of or in connection with these terms and conditionsor the User's use of the Website save where such liability cannot be excluded by law.
15.7 For the avoidance of doubt, Travelport and/or its Affiliates shall have no liability whatsoeverfor the acts or omissions of the suppliers of electricity or telecommunications services or ofany third party whose computer system, database or products may be accessible to the User,or for any type of loss associated with any fault in or failure of any apparatus or any serviceof such persons.
15.8 Users agree to defend, indemnify and hold Travelport and its Affiliates harmless from anyand all claims, actions, proceedings, losses, damages, liabilities, costs and expenses,including reasonable legal fees, arising in any way from or in connection with:
15.8.1 any access to or use by Users of the Website;
15.8.2 any access to or use by Users of any third party website linked to the Website;
15.8.3 any unauthorised disclosure by the User of its User ID to a third party;
15.8.4 the uploading onto the Website of details, information and data (including UserData) by Users or the placement or transmission of any message, information,software or other materials through the Website by Users;
15.8.5 any use by the User or any other person of that User's Visa Loyalty Card; and
15.8.6 any breach of these terms and conditions by Users.
15.9 Nothing in these terms and conditions shall exclude or limit the liability of Travelport forfraud, death or personal injury arising out of our negligence or any warranty as to title orquiet possession implied by statute.
16. Operation of these terms and conditions
16.1 If Travelport fail to enforce a right under these terms and conditions, that failure will notprevent Travelport from enforcing other rights or the same type of right on a lateroccasion. If any provision of these terms and conditions is held to be unlawful, invalid orunenforceable, that provision shall be deemed severed and the validity and enforceability ofthe remaining provisions of these terms and conditions shall not be affected.
16.2 Travelport may modify these terms and conditions at any time by publishing the modifiedterms and conditions on the Website and/or by email communication to a User. Anymodifications shall take effect 10 days after posting on the Website or email communication(as the case may be).
17. Data protection
17.1 Travelport is committed to protecting Users' privacy. Travelport will collect and use UserData to improve the Website, personalise individual Users' experience when visiting theWebsite, and to fulfil Travelport’s obligations under the Program. Travelport may also useUser Data to inform Users about changes to services or about features Travelport think aUser may find interesting. Travelport may also use your User Data, or permit selected thirdparties to use your User Data, to provide you with goods or services which may be of interestto you or for other marketing purposes and we or they may contact you about these.
17.2 You have the right to ask Travelport or its service partners, marketing partners, dataprocessors, agents and contractors not to process your personal data for marketingpurposes. We will usually inform you if we intend to use your personal data for suchpurposes or if we intend to disclose your information to any third party for suchpurposes. You can exercise your right to prevent such processing by contacting us in writingat Travelport AFMESA Office, Concord Tower, 14th Floor, Office 1407 - 1414, Dubai MediaCity, Al Sufouh Road, P.O. Box 502885, Dubai, United Arab Emirates.
17.3 Travelport will process the following User Data in connection with the Program:
(i) User Data (such as Reward Points accumulated or redeemed);
(ii) User Data supplied by individual Users via the Website;
(iii) User Data collected when the User is provided with services related to redeeming Reward Points; and
(iv) User Data collected when a User is otherwise in contact with Travelport.
17.4 You hereby consent to:
17.4.1 your User Data being supplied to service partners, marketing partners, dataprocessors, agents and contractors for the purposes set out above;
17.4.2 your User Data being supplied to Affiliates of Travelport for the purposes set outabove; and
17.4.3 the processing of any sensitive data included in your User Data.
17.5 From time to time Travelport may contact Users with certain communications or messagesregarding the Website, such as service announcements, administrative messages, etc., andthat these communications are considered part of the Website and Users will not be able toopt out of receiving them.
17.6 Applicable laws may require that some of the information or communications Travelportsend to Users should be in writing. When using the Website, Users accept thatcommunication with Travelport will be mainly electronic. Travelport will contact Users by e-mail or provide Users with information by posting notices on the Website. For contractualpurposes, Users agree to this electronic means of communication and acknowledge that allcontracts, notices, information and other communications that Travelport provide to Userselectronically comply with any legal requirement that such communications be in writing.This condition does not affect Users' statutory rights.
17.7 You acknowledge and agree that the transfer of information via the internet is notcompletely secure. Although we do our best to protect your User Data, we cannot guaranteethe security of User Data transmitted to our Website. Any such transmission is at your ownrisk.
18. User Data Requests, Queries and Complaints
18.1 You have the right to access any User Data held by Travelport. You may request a copy ofthe User Data we hold by contacting us in writing at Travelport AFMESA Office, ConcordTower, 14th Floor, Office 1407 - 1414, Dubai Media City, Al Sufouh Road, P.O. Box 502885,Dubai, United Arab Emirates Travelport reserves the right to charge a fee to meet its costsof providing such User Data to you.
18.2 Any User with queries, concerns or complaints should contact Travelport by contacting us inwriting at Travelport AFMESA Office, Concord Tower, 14th Floor, Office 1407 - 1414, DubaiMedia City, Al Sufouh Road, P.O. Box 502885Dubai, United Arab Emirates. .
19.1 These terms and conditions shall be governed by and construed in accordance with English law. Anydisputes shall be subject to the exclusive jurisdiction of the English courts, to which both partiessubmit