Moai Club

Moai Club is the loyalty rewards program (“Moai Club” or the “Program”) as it may be provided from time to time to Program members (“members”, “you” or “your”) by TCS & Starquest Expeditions Inc. d/b/a “TCS World Travel” (“TCS”, “we”, “us” or “our”).  The Moai Club offers its members the opportunity to earn and redeem certain credits and benefits (“Benefits”) on applicable expeditions and trips offered by TCS. These terms and conditions (the “Program Terms”) govern your membership and participation in the Moai Club and it is your responsibility to read and understand all of them.  TCS may at any time, in its sole discretion and without notice or liability, terminate, amend, modify or supplement the Moai Club, Program Benefits or the Program Terms.  By becoming and remaining a member of the Moai Club, and receiving and redeeming the applicable credits and benefits described below, you agree that you have read, understand and accept these Program Terms as amended from time to time. Membership and Program Benefits are offered at the sole discretion of TCS.

Definitions

• “Group Jet Expedition” shall mean an organized group trip with a defined start and end date, led by a TCS expedition leader and by which the primary means of travel between itinerary destinations is by private or chartered jets.
• “Big Jet Group Jet Expedition” consists of group jet expeditions selling to 32 or more passengers.
• “Private Custom Travel Trip” shall mean a bespoke travel itinerary developed by the TCS World Travel’s private custom travel team priced at US $50,000 per person or higher.

Members of the Moai Club (“Members”) will receive the following Benefits:

Eligibility

Membership in the Moai Club is automatic (no enrollment required) under the following circumstances:

• You book, pay for and complete travel on a TCS-branded Group Jet Expedition directly with TCS or through an eligible booking partner. 
• You book, pay for and complete travel on a Private Custom Travel trip. The booking must be made directly with TCS or through an eligible booking partner.  The value of that itinerary must average $50,000 per person per trip.

Moai Club members must provide and maintain an accurate e-mail address and an accurate physical address, including city, state or province, and country of residence. An individual may maintain one Moai Club membership, may not earn rewards, credits or benefits on more than one Moai Club account, and may not earn rewards, credits or benefits for anyone else. Membership and participation in the Moai Club is void where prohibited by applicable law, rule or regulation.

Member Obligations

As a Moai Club member, you agree to comply with these Program Terms, the applicable terms and conditions of your expedition or trip with TCS, and all applicable laws, rules and regulations. You agree that your participation in the Moai Club is entirely at your own risk. You agree that if you object to any of these Program Terms, or any modifications thereof, or otherwise become dissatisfied with the Moai Club, your only recourse is to terminate your membership. You agree that you will provide accurate information to us at all times and to promptly notify us of any change in your information. 

You understand that the receipt of benefits as a Moai Club member may be subject to tax liability, and agree that any tax liability, including disclosure, with respect to your membership in the Moai Club is solely your responsibility. Please consult a tax advisor regarding any questions about program taxes.

Expiration of Benefits and Termination of Membership

Expiration of Benefits:  If there is no benefits activity in your Moai Club account for any 60-month period, we may, at any time and in our sole discretion and without notice or liability to you, void and cancel any or all of your benefits. Termination of Your Membership in the Moai Club by You: You may terminate your membership in the Moai Club at any time by contacting us.  

Other Modifications to and Termination of Your Membership in the Moai Club By Us: In addition to the above, we may, at any time in our sole discretion and without notice or any liability to you, (A) modify, suspend or terminate your membership in the Moai Club; (B) modify, suspend, void or cancel all or a portion of your Benefits; (C) modify, suspend, void or cancel your redemption of Benefits.  We may take these actions for the convenience of the Moai Club , or if there are reasonable grounds for suspecting, in our sole discretion, that (1) you have violated or are using the Program in a manner inconsistent with these Program Terms or the intent of the Program or any portion of the Program; (2) you have misused or abused the Moai Club; (3) your account activity or membership status involves or results from fraud, dishonesty, theft, or other illegal or improper means; (4) you knowingly attempt to obtain or maintain more than one Moai Club  account; (5) your membership or participation in the Moai Club  violates any applicable laws, terms or regulations; or (6) our provision of benefits under the Moai Club  violates any applicable laws, terms or regulations.  These rights are in addition to any other remedy which may be available to us under applicable law and we have the right to take appropriate administrative and/or legal action, including, without limitation, criminal or civil prosecution, we deem necessary in our sole discretion.

Effect of Termination: If your membership in the Moai Club is terminated for any reason, your Moai Club account will be closed and all Benefits in your Moai Club account will be cancelled, forfeited, void and no longer available for redemption.  If we modify, suspend, void or cancel any or all of your Benefits, such Benefits will be removed from your Moai Club account and will no longer be available for redemption.

Benefits: Subject to these Program Terms, members of the Moai Club (“Members”) will receive the following Benefits:

Referral Credit for Members: Members are eligible to receive a trip credit (“Referral Credit”) of US$5,000 (“Referral Credit”) for referring a new guest to TCS who books any TCS branded Group Jet Expedition or a Private Custom Travel trip priced at US$50,000 per person or higher.

• For purposes of the Referral Credit, a “new guest”: (i) must have been referred to TCS solely by the Member; (ii) must have not previously traveled in any capacity with TCS on any expedition or trip offered by TCS; (iii) must not be a Household Member of the Member (“Household Member” shall mean any individual or entity which shares the same residence with the Member at least three months a year); (iv) books and fully pays for a TCS branded Group Jet Expedition or Private Custom Travel trip; (a) whose method of payment has been verified and accepted by TCS; and (b) who participates in the TCS branded Group Jet Expedition or Private Custom Travel trip.
   
• If a new guest is referred to TCS by multiple Members, the Referral Credit will be awarded to the first Member who referred the new guest to TCS.
   
• The Referral Credit will be awarded to the referring Member within 30 days after the new guest has made their final payment and can be applied to any Qualifying Booking made within 5 years of date of issuance, after which it will expire. In the event the new guest cancels his/her reservation, the Referral Credit shall be awarded to the referring Member only if the new guest has paid in full for his/her booking and is past the cancellation deadline for his/her trip.
   
• Members are eligible to receive up to 5 referral credits or a total of $25,000 per calendar year for Big Jet Group Jet Expeditions and up to 5 referral credits or a total of $5,000 per calendar year for Small Jet Group Jet Expeditions.
   
• The Referral Credit may be applied to any single TCS-branded Group Jet Expedition or Private Custom Travel trip and may be combined by the Member with any other existing credits or credit letters for such trip. The maximum value of credits (Referral Credit plus any other existing credits or credit letters combined with the Referral Credit) applied to any such trip cannot exceed 15% of the total booked trip price. Some exceptions may apply.

New Guest Benefits: Each new guest (as defined above) referred by a Member shall receive: a trip credit of US$5,000 applied to such new guest’s final payment for their applicable booking on a Group Jet Expedition or qualifying Private Custom Travel itinerary. Limit one trip credit per new guest referred.

Repeat Booking: Within 60-days of returning from any TCS-branded group jet expedition or any Private Custom Travel trip priced at $50,000 per passenger, Members who book any TCS-branded Big Jet Group Jet Expedition or any Private Custom Travel trip priced at $50,000 per passenger will receive a $5,000 trip credit that can be applied towards any TCS-branded private jet expedition or Private Custom Travel trip.
 

Waiver of Private Custom Travel Trip Development Fee: TCS will waive trip development fees for Members who book a Private Custom Travel trip departing in more than 30 days.

• This applies to TCS trip development fees only. 
• Moai Club members booking through a travel agent are still responsible for any fees charged by their travel agent.

Complimentary Hotel Night (for Group Jet Expeditions): Members traveling on a TCS-branded Big Jet Group Jet Expedition may choose one complimentary night at the trip-designated hotel pre- or post-trip for that private jet expedition.

• Room subject to availability.
• One free night per booked room.

Car and Laundry Credit: Effective March 2023, Members traveling on any TCS-branded Group Jet Expedition or Private Custom Travel trip will receive a $500 credit applied towards that trip to help offset pre- and post-trip car service and on-trip laundry service (“Car/Laundry Credit”).

• Limit one Car/Laundry Credit per Member
• Car/Laundry Credit may be applied towards a Member’s existing trip cost
• Car/Laundry Credit is in addition to any other laundry service credit that may be granted to all passengers on the trip.

Luggage Amenity Credit: TCS provides wheeled luggage and backpacks to passengers on most TCS-branded group jet expeditions. Members may choose to receive a $500 trip credit instead of the TCS-provided wheeled luggage and backpack on trip on which those amenities are provided. To be eligible for this Luggage Amenity Credit, the Member must have traveled on a TCS-branded group jet expedition within the last 24 months and still be in possession of the wheeled luggage and backpack previously provided by TCS.

Early Preview of TCS-branded trips: TCS will provide a preview in the form of an e-mail to Members on select trips prior to the general public.

• Only applies to TCS World Travel branded group jet expeditions.
• Preview may not be provided for white label or co-branded trips
• Trip may be viewable by the general public on the TCS website.

Priority Wait List Status: Moai Club members will receive priority status on wait lists for any sold-out TCS-branded group jet expeditions

• Only applies to TCS World Travel branded group jet expeditions.
• Priority wait list status may not be provided for white label or co-branded trips.

Transfers: Except as expressly allowed in these Program Terms or with written consent, Moai Club membership, rewards and other Program benefits may not be sold, exchanged, bartered, brokered, transferred, purchased, auctioned or given away, including without limitation as part of a domestic relations matter, divorce, inheritance, or otherwise by operation of law.   

No Cash Value: Except where required by law, Benefits have no cash value and do not constitute member property. Accumulation of credits or Benefits does not entitle members to any vested rights with respect to any awards or the Program. As a Moai Cub Member, the only right you acquire in credits or Benefits is the opportunity to surrender them for redemption in accordance with these Program Terms.

Privacy Policy:  Participation in the Moai Club is subject to the terms and conditions of our privacy policy located at [https://www.tcsworldtravel.com/privacy-policy] (“Privacy Policy”). In addition, by participating in the Program, we may collect additional personal information from or regarding you. We may also use and share your personal information in the ways described below, in addition to what is described in our Privacy Policy. These Program Terms supplement our Privacy Policy with respect to the use, sharing and processing of the personal information of Program members. IF YOU DO NOT AGREE TO THESE TERMS, you must elect not to join and/or to withdraw from the Program.  Additional personal information that we collect includes information that you provide when you enroll in the Program or when you manage your personal profile. During enrollment, we may require that you provide your name, physical address including city, state or province, and country of residence, and e-mail address. When you manage your profile, you have the opportunity to provide additional information.  In order to administer the Program, your personal information may be shared with our parent, affiliate or sister companies (“Affiliates”), e-mail service providers and mail houses and marketing companies providing services to such entities to further the purposes of the Program for their use pursuant to their privacy policies and practices. By remaining a member, you also consent to the transfer of your information to countries in which we and our and Affiliates maintain information processing facilities and business operations, including the United States and other countries where data protection laws may differ from those of your home country. To ensure that your personal information is consistent, accurate and up-to-date, we may also share your information with a third-party for the purpose of updating and enhancing the quality and content of the information we maintain about you.  As a member, you may receive additional communications from us, including statements, third party news, and member offers. You may change your preferences in regard to the communications that you receive from us by contacting us in the manner described in our Privacy Policy and the Program Terms. We may modify our Privacy Policy and the Program Terms from time to time. Your continued participation in the Program following the posting of changes will indicate your acceptance of the changes.

Subject to Applicable Law:  Membership and participation in the Moai Club is subject to and may be void where prohibited or restricted by applicable law, rule or regulation.

Disclaimer of Warranties and Limitation of Liability:  

TCS OFFERS MOAI CLUB, THESE PROGRAM TERMS, AND, EXCEPT AS OTHERWISE SET FORTH IN THE TERMS AND CONDITIONS OF A PARTICULAR TCS EXPEDITION,  ANY OTHER RELATED SERVICES AND PRODUCTS UNDER THE PROGRAM “AS-IS” AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CAPABILITY, SUFFICIENCY, SUITABILITY, CAPACITY, COMPLETENESS OR AVAILABILITY.  WITHOUT LIMITING THE FOREGOING, TCS DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT MOAI CLUB OR ANY OTHER RELATED SERVICES AND PRODUCTS WILL BE UNINTERRUPTED, WITHOUT OMISSIONS OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED OR CHANGES IMPLEMENTED.

YOU AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL TCS, ITS OWNERS, AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS HAVE ANY LIABILITY OR RESPONSIBILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES TO PERSONS, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE ARISING IN WHILE OR IN PART, DIRECTLY OR INDIRECTLY, FROM MEMBERSHIP OR PARTICIPATION IN THE MOAI CLUB  OR USE OF AWARDS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore such exclusions may not apply to you.  In the event any of the foregoing are held liable for any damages related to such matters, your sole and exclusive remedy will be limited to reimbursement for services or products paid by you to the entity held liable which were not provided by such entity.   

Indemnification: You agree to indemnify, release and hold harmless TCS and our Affiliates, and any of their parents, subsidiaries and affiliates, and their respective directors, officers, employees and agents, from any liability, costs, damages and fees (including attorney’s fees) arising out of any claims related to your membership in the Moai Club.

Program Modifications or Termination: We reserve the right at any time, in our sole discretion, with or without notice and without any further liability or obligation, even though changes may affect the value of  Benefits already accumulated, to (i) add, modify, delete, change, suspend or terminate (“Change”) the Moai Club, in whole or in part; including without limitation any of the rules, procedures, conditions, benefits, awards, earning terms, redemption rules, or award availability; (ii) Change these Program Terms, in whole or in part; (iii) Change any Moai Club  offers or Benefits; (iv) Change the ability to earn or redeem Benefits in whole or in part; (v) Change the procedures for redeeming Benefits; (vi) Change the ability to accrue Benefits, including but not limited to imposing time limits and changes in  Benefit values, in whole or in part; or (vii) assign in whole or in part the Moai Club  to any related or unrelated entity. Upon assignment, the performance of the obligations herein will thereafter be the sole and direct responsibility of that entity. In the event of the termination of the Moai Club, all awards not redeemed by the termination date of the Moai Club will be forfeited without compensation or any further obligation or liability, and no redemption of Benefits will be honored thereafter.  In accumulating Benefits and otherwise participating in the Program, you may not rely upon the continued availability of the Moai Club, or any earning, redemption, or other offers made in connection with the Moai Club. All offers are available while supplies last, subject to any applicable cancellation policies, and are subject to change and/or revocation without notice.  Program account information is our proprietary information and may be accessed by members only for the purpose of obtaining information regarding their account.  We reserve the right to audit or investigate Program accounts and information at any time without notice to ensure compliance with Program Terms. During the course of an audit or investigation, information may be shared with parties assisting in such audit or investigation.

Governing Law and Interpretation: Your enrollment application is subject to our verification and acceptance in our sole discretion, which shall be deemed made, performed, transacted, and closed in Washington, USA. Any claim or dispute arising or relating thereto or otherwise involving the Moai Club, membership or these Program Terms shall be governed and construed in accordance with the laws of the State of Washington, USA, without regard to its choice of law or conflict of laws terms.  By participating in the Program, you consent that any legal action arising out of relating to the Program, the Program Terms, any award or any redemption must be filed in the state or federal courts in Seattle, Washington, USA and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of any such legal action or proceeding.

Dispute Resolution: YOU HEREBY WAIVE ANY RIGHT (I) TO A TRIAL BY A JURY, OR (II) TO PARTICIPATE IN A CLASS ACTION IN COURT OR IN CLASS-WIDE ARBITRATION, WHETHER AS A CLASS REPRESENTATIVE, CLASS MEMBER OR OTHERWISE. You also waive any and all rights to bring any claim or action related to such matters in any forum beyond two (2) years after the first occurrence of the kind of act, event, condition or omission upon which the claim or action is based.  All interpretations of these Program Terms shall be at the sole discretion of TCS, the English language version of these Program Terms governs. 

Force Majeure: Our failure to administer the Moai Club in accordance with these Program Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities, including but not limited to the imposition of sanctions, or for any other reason beyond our reasonable control will not be deemed a breach of these Program Terms.

Entire Agreement/Waiver: These Program Terms and the other terms expressly referenced herein and linked hereto constitute the entire agreement between you and us regarding your participation in the Moai Club, your opportunity to earn and redeem awards through the Moai Club, and your entitlement to any other benefits of the Moai Club, and supersede all prior agreements between us, whether oral or written, including, without limitation, all previous versions of these Program Terms. If we fail to act with respect to your breach or anyone else’s breach of these Program Terms on any occasion, we do not waive our right to act with respect to future or similar breaches.

Severability: If any provision of these Program Terms is held by a court of competent jurisdiction to be void, invalid, contrary to law, or unenforceable for any reason, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Program Terms shall remain in full force and effect.

Electronic Communications; Notices: When you interact with us over the Internet, you consent to the formation of contractual relations through electronic communications.  You represent and warrant that you have the legal right, power and authority to agree to these Program Terms on behalf of yourself and the member or other entity on whose behalf you are acting while participating in the site if not acting only for yourself. You further agree that your use constitutes an electronic signature as defined by the Electronic Signatures in Global and National Commerce Act (“E-Sign”) and the Uniform Electronic Transactions Act (“UETA”) and that you have formed, executed, entered into, accepted the terms of, and otherwise authenticated these Program Terms and acknowledged and agreed that these Program Terms are an electronic record for purposes of E-Sign, UETA and the Uniform Computer Information Transactions Act (“UCITA”) and as such are completely valid, have legal effect, are enforceable, and are binding on, and non-refutable by you and the member, buyer, supplier or other entity on whose behalf you are acting.  You are responsible for remaining knowledgeable as to Program Terms, newsletters, account statements, the privacy policy and your membership account status.  We may attempt, but are not required, to notify you of matters of interest, including notification of Point forfeiture or Program changes. We are not liable for any failure to do so and are not responsible for incorrect or inaccurate transcription of your contact information, for problems related to any of the equipment or programming associated or utilized by you, for any human error, for any interruption, deletion, omission, defect or line failure of any electronic communications network or electronic transmission, for problems relating to computer, mobile or other equipment, software, inability to access any site or online service, for any other technical or non-technical error or malfunction, for lost, late, stolen, illegible, incomplete, garbled, misdirected, mutilated or postage-due mail, e-mail or other communication for whatever reason.  You are responsible for creating and protecting private account access information and for maintaining the security of that information.  We are not responsible for stolen or otherwise intercepted account access information.  If the security of that information is breached, we are not liable for any access to that account, accumulation of Benefits, redemption of Benefits or other account activity that occurs as a result, and in no event are we responsible for reimbursing any Benefits redeemed or other damages or losses claimed to occur as a result.  If you become aware of any fraudulent or otherwise improper activity, you must report that activity to us immediately.  You are responsible for advising us of any changes to your contact information.

If you have questions about the Moai Club or these Program Terms, or to update your Moai Club account information, please contact us at: MoaiClub@TCSWorldTravel.com or 1-844-451-1721.