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Elite Family Excursion Application Form (EFE-Next Member)

TERMS AND CONDITIONS OF ELITE FAMILY EXCURSION MEMBERSHIP

The Elite Family Excursion is available for a minimum of two people who want to acquire easy access to Thailand for up to five years. Enjoy the legendary Thai hospitality on arrival, with a dedicated Elite Personal Assistant to support you with airport formalities, as well as complimentary transfer services allowing you and your family to explore the ‘Land of Smiles’.

TERMS AND CONDITIONS OF ELITE FAMILY EXCURSION MEMBERSHIP

(the “Elite Family Excursion Membership Agreement”)

By enrolling in the Membership, the Core Member / The Other Member / Next Member agree to be bound by the Elite Family Excursion Membership Agreement set out below. By applying for or purchasing the Membership or acquiring the Privileges, Core Member / The Other Member / Next Member represent that each of them has all qualifications as required in Clause 6 (Qualifications of Members / Next Member). The Core Member / The Other Member / Next Member agree that the Company may from time to time amend or supplement the Elite Family Excursion Membership Agreement.

This Elite Family Excursion Membership Agreement is incorporated into and forms part of the Application Form for Elite Family Excursion Membership.

1. Definition in this Elite Family Excursion Membership Agreement:

a) “Application” means the Application Form for Elite Family Excursion Membership submitted to the Company by the Core Member / The Other Member or the Next Member;

b) “Card” means the Elite Family Excursion Membership Card approved and issued to the Core Member / The Other Member / Next Member by the Company pursuant to the terms and conditions of this Elite Family Excursion Membership Agreement;

c) “Company” means Thailand Privilege Card Company Limited;

d) “Core Member” means the member who is a biological parent or step parent, or a child or adopted child of The Other Member or Next Member having priority to still enjoy full Privileges upon the end or termination of their kinship under Clause 2.7, or who is a legal spouse or civil union of The Other Member or Next Member, and who has been selected to be a member of priority to enjoy full Privileges upon their divorce under Clause 2.8, as the case may be, and whose name is stated as a core member in the Application;

e) “E-Privilege” means the e-Pprivilege 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 Members by the Company once the Company has fully received the Membership Fee;

f) “Elite Ultimate Privilege Membership” means another membership program having previously launched by the Company with specific application, terms and conditions of membership and privileges, as well as separately required qualifications of potential members;

g) “Exchange Rate” means the exchange rate for conversion of foreign currency to Thai Baht announced by the Bank of Thailand, which will be notified by the Company or the Sales Agent / GSSA (as the case maybe) to the Core Member / The Other Member / Next Member upon a request by the Core Member, The Other Member, or Next Members;

h) “GSSA” means the global sales and services agent, which is authorized to represent the Company within the meaning of Sales Agent;

i) “Immediate Family Member” means the biological parent, step-parent, married spouse, civil union (with certificate legally issued by relevant authority having jurisdiction in the Core Member / The Other Member’s or Next Member’s country), children and legally adopted children of Core Member or The Other Member;

j) “Member Contact Centre” means a contact centre of the Company or the Service Provider with which the Core Member / The Other Member / Next Member may make contact via a telephone or other communication channels as stipulated in the e-Privilege, or as the Core Member / The Other Member / Next Member shall be advised from time to time;

k) “Member Identification Number” means a member identification number which the Company shall issue to the Core Member / The Other Member / Next Member along with the Card.

l) “Membership” means Elite Family Excursion Membership enjoyed collectively by the Core Member / The Other Member / Next Member;

m) “Membership Fee” means the membership fee which the Core Member / The Other Member (or, in case of juvenile, through his or her legal parent or legal guardian) shall remit to the Company for enrollment of the Membership, which is to be discussed more particularly in detail under Clause 5.1.

n) “Next Member” means an Immediate Family Member of Core Member or The Other Member who, after the Core Member and The Other Member’s Application has been approved by the Company, applies for the Membership and enjoys the Privileges under the Members’ collective Membership approved by the Company.

o) “Next Members” means two more Immediate Family Member of the Core Member or The Other Member who, after the Core Member and The Other Member’s Application has been approved by the Company, apply for the Membership by submitting the Application to the Company and enjoy the Privileges under the collective Membership approved by the Company;

p) “Next Membership Fee” means the membership fee which the Next Member shall remit to the Company for enrollment of the collective Membership, which is to be discussed more particularly in detail under Clause 5.2;

q) “Other Elite Memberships” means any other memberships other than this Membership and the Elite Ultimate Privilege Membership made available, now or in the future, by the Company for a potential candidate;

r) “Penalty Charge” means the charge (if any) to be paid jointly and severally by the Core Member / The Other Member and Next Member (if any) to the Company pursuant to the terms and conditions of the Elite Family Excursion Membership Agreement and the e-Privilege, which is to be discussed more particularly in detail under Clause 5.3;

s) “Privileges” means exclusive privileges as set out in the E-Privilege which may be, from time to time, updated or amended by the Company;

t) “Sales Agent” means an authorized representative of the Company;

u) “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 Core Member / The Other Member / Next Member shall be advised from time to time; and

v) “The Other Member” means the other applicant, who is either a biological parent or step parent, or a child or adopted child, or a legal spouse or civil union of the Core Member, and who together with the Core Member applies for this Membership which is approved by the Company.

2. Terms of Membership

2.1 Conditions Precedent

As a condition precedent for the applicant’s eligibility for applying for the Membership, the applicant must present to the Company documentary evidence of his or her kinship to the Immediate Family Member who is a Core Member and has been approved by the Company to enjoy the benefits of Privileges under the Elite Ultimate Privilege Membership, which shall neither be invalid, nor expired, nor terminated at the time of filing the Application. The Company’s approval, as well as receipt of the Membership Fee, shall also be conditions precedent for this Elite Family Premium Membership Agreement.

2.2 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 Elite Family Premium Membership Agreement.

2.3 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 a period equal to the remaining term of the Core Member’s Membership at the time of the Company’s approval of Application and shall be valid until expiry of such remaining term, provided that the Member shall submit the Annual Fee consecutively paid per annum, the Penalty Charge (if any) and other fees (if any) to the Company. The unpaid Annual Fee and/or Penalty Charge and/or other fees will be treated as delinquent amount. 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 plus interest for late payment at the accrual rate of seven point five (7.5) percent per annum. For the avoidance of doubt, the validity, existence, or cessation of the Member’s Membership, once approved by the Company, shall not be contingent to the same in respect of the Core Member’s Membership, save where the Core Member has lost membership due to his or her being sentenced by a judgment to imprisonment in any countries, except for an offence committed to negligence.

2.4 Membership Transfer

Subject to prior approval by the Company and payment of the Membership Transfer Fee as stated in Clause 5, the Membership and the Privileges can be transferred to the Member’s Immediate Family Member who has qualifications as stated in Clause 6 mutatis mutandis, provided such transfer shall be allowed to be made only one (1) time for each Membership and after the transfer, the term of the Membership is subject to the remaining period. The term of Membership will be expired by either the term of Membership as stated in Clause 2.3, or the ending of the remaining period after the Membership transfer, whichever comes first.

2.5 Termination

(1) 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, or when the Core Member’s Membership ceases to exist or is invalid or terminated due to his or her being sentenced by a judgment to imprisonment in any countries, except for an offence committed to negligence.

(2) 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:

(a) 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;

(b) The Member has fraudulently used his/her Privileges; or

(c) The Member has not complied with terms and conditions of this Elite Family Premium Membership Agreement or the E-Privilege.

(3) Termination due to government policies In case there is any order, rule, regulation or law announced by any related government authority which has an impact on the business

operation of the Company to the effect that the Company is unable to continue its business or perform its operation as usual, the Company shall be entitled to terminate the Membership by giving an advance written notice to the Member.

(4) Rights and duties after termination

It is understood as follows:

(a) In case of the termination pursuant to Clause 2.5 (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.

(b) In case of the termination pursuant to Clause 2.5 (3) above, the Membership hereunder shall immediately become invalid whereupon the Company shall refund the remaining Membership Fee (if any) to the Member, within thirty (30) days after the Card has been returned to the Company, less the following balances (if any) and costs:

(i) The Penalty Charge and/or outstanding fees; and

(ii) The costs of Privileges which have been used by the Member during the validity of Membership.

3. Service Access

3.1 The Card and the Member Identification Number are the keys to access the Privileges. Each of the Core Member / The Other Member / Next Member must, upon approval of the Membership, activate the Card to access the complete Privileges by visiting http://www.thailandelite.com or contacting the Member Contact Centre. The Card must only be used by the Core Member / The Other Member / Next Member whose name is printed on the Card.

3.2 The Card or any proof of identity or any other evidence (as determined by the Company and/or the Service Provider) must be shown to the Service Provider before obtaining the Privileges.

3.3 Signature as similarly appeared on the passport or on the Application shall be required from each of the Core Member / The Other Member / Next Member for the use of any services.

4. Privilege Usage and Benefits

4.1 The Company shall provide the Privileges to the Core Member / The Other Member / Next Member throughout the term of Membership as follows:

(1) Privilege Entry Visa; 5-year multiple entry visa with extendable 1-year length of stay per each entry;

(2) VIP Greeting and Escort on arrival and departure by Elite Personal Assistants (“EPA”);

(3) Premium Lane at the immigration checking points;

(4) Cumulative Complimentary Transportation from airport – residence or hotel – airport on international flights up to four (4) times for short haul, and up to six (6) time for long haul, per each calendar year;

(5) VIP Lounge at the airports, upon entry and departure, on international flights;

(6) Government Concierges – Business Networking, Immigration Service, Facilitation in Driver’s license;

(7) Special Discounts at hotels, dining establishments, shopping malls and duty free shops; and

(8) Twenty Four (24) Information Assistance by the Member Contact Center.

For the avoidance of doubt, the ten (10)-time and per year complimentary transportation under (4) above shall be cumulative upon each and every use by any of the Core Member / The Other Member / Next Member, and upon such complimentary transportation has been used up, the Company reserves the rights to charge the above limitation of usage (if any) from time to time at its sole discretion.

4.2 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 also 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 Elite Family Excursion Membership Agreement. In case any of the cumulative Privileges, including those which have been amended or supplemented, has been used by the Core Member / The Other Member / Next 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 Core Member / The Other Member /

Next Member agree 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 Core Member / The Other Member / Next Member from time to time.

4.3 The change of the Privileges or the Service Provider will be notified from time to time to the Core Member / The Other Member / Next Member.

4.4 Any of the Privileges may be cancelled if it is prohibited by the laws of Thailand or by the orders, ordinances, rules, or regulations of the local or national government.

4.5 The scope of Privileges shall be in accordance with the specific terms and conditions as stated in the e-Privilege.

4.6 Except for a replacement of the Core Member by The Other Member upon the Core Member’s demise, or by the surviving Next Members’ selected Next Member upon the Core Member / The Other Member’s demise, as the case may be, pursuant to Clause 2.6 above, the Privileges are considered to be personal rights of each of the Core Member / The Other Member / Next Member.

4.7 Liabilities and Limitations

(1) The Company shall not be liable to the Core Member / The Other Member / Next Member, or any third party for any products or services provided by Service Provider to the Core Member / The Other Member / Next Member for any delay and/or defect in performance of the same by any reason whatsoever. This 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, 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 Core Member / The Other Member / Next Member hereby waive any and all claims against the Company arising out of the use or the inability to use the Privileges.

(2) All express or implied warranties, representations, statements, terms and conditions relating to the Privileges or this Elite Family Excursion Membership Agreement, not contained in this Elite Family Excursion Membership Agreement and/or the e-Privilege, are excluded from this Elite Family Excursion Membership Agreement to the extent permitted by law. The aggregate liability of the Company under or relating to this Elite Family Excursion Membership Agreement whether in contract, tort (including without limitation to negligence) is limited to an amount equal to the sum of Membership Fee paid by the Members and the Next Membership Fee paid by the Next Members (if any) to the Company.

(3) The Core Member / The Other Member / Next Member agree 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 Core Member / The Other Member / Next Member are notified in writing prior to any such assignment.

5. Fee(s) and Conditions

5.1 Membership Fee

The Membership Fee jointly and severally responsible for by the Core Member / The Other Member under this Elite Family Excursion Membership Agreement is at the amount of THB 800,000 (eight hundred thousand Baht only) inclusive of value added tax, or an equivalent amount in USD pursuant to the Exchange rate which will be notified by the Company or the Sales Agent / GSSA (as the case may be) to the Members.

5.2 Next Membership Fee

The Next Membership Fee responsible for by each Next Member under this Elite Family Excursion Membership Agreement is at the amount of THB 300,000 (three hundred thousand Baht only) inclusive of value added tax, or an equivalent amount in USD pursuant to the Exchange rate which will be notified by the Company or the Sales Agent / GSSA (as the case may be) to the Next Member.

5.3 Penalty Charge

Cancellation of reservation for certain services made available pursuant to the E-Privilege must be notified in advance by the Core Member / The Other Member / Next Member to the Member Contact Centre in accordance with the terms and conditions as stated in the e-Privilege, otherwise the Core Member / The Other Member / Next Member shall be jointly and severally responsible to pay the Penalty Charge or any other fees (if any) to the Company at the applicable rate so stated in the e-Privilege. All fees, charges, and payments in this Elite Family Excursion Membership Agreement and the E-Privilege are non-refundable. The Company reserves the rights to change the said fees, charges, and method of payments without prior notice.

6. Qualifications of Core Member / The Other Member / Next Member

Throughout the validity of Membership, each of the Core Member / The Other Member / Next Member must have and maintain to have following qualifications:

6.1 Not having been sentenced by a judgment to imprisonment in any countries except for an offence committed to negligence;

6.2 Not having been adjudicated bankrupt;

6.3 Not having been declared as a person of unsound mind, incompetence, or quasi-incompetence;

6.4 Being allowed to stay in Thailand in accordance with the immigration laws or any other related laws of Thailand;

6.5 Holding a foreign passport; and

6.6 All ages qualified.

7. Interpretation

In the event that interpretation of the terms and/or conditions of this Elite Family Excursion Membership Agreement or any part of this Elite Family Excursion Membership Agreement or document that is deemed a part of this Elite Family Excursion Membership Agreement or any of the terms and conditions stipulated in the E-Privilege is needed, the Core Member / The Other Member / Next Member hereby agree that the Company’s interpretation shall be conclusive and final. If there is any inconsistency between the terms and/or conditions of this Elite Family Excursion Membership Agreement and the terms and/or conditions of the e-Privilege, the terms and conditions of this Elite Family Excursion Membership Agreement shall prevail.

8. Governing Law

This Elite Family Excursion Membership Agreement shall be governed by and construed in accordance with the laws of Thailand.

9. Notice

9.1 Any notice or other communication in connection with this Elite Family Excursion Membership Agreement shall be made in writing in English language (a “Notice”) and shall be sufficiently given or served if delivered or sent:

(1) In the case of the Core Member / The Other Member / Next Member to the mailing as stated in the Application or in any other address as shall be notified by the Core Member / The Other Member / Next Member to the Company from time to time.

(2) In the case of the Company to below address, or any other addresses (including that of the Service Provider) as stated in the e-Privilege, or as shall be notified by the Company to the Members / Next Member from time to time.

Thailand Privilege Card Company Limited
110/2 North Sathorn Road, Silom, Bangrak, Bangkok 10500 Thailand
Telephone: +66(0) 2352 3000 Facsimile: +66(0) 2352 3001
Email: memberservice@thailandelite.com Website: www.thailandelite.com
Attention: Member Contact Centre

9.2 Any Notice may be delivered by hand or sent by fax or prepaid post (in the case of service in Thailand and airmail in the case of international service). Without prejudice to the foregoing, any Notice shall conclusively be deemed to have been received on the next working day in the place to which it is sent, if sent by fax, or sixty (60) hours from the time of posting, if sent by post, or at the time of delivery, if delivered by hand.

10.Miscellaneous

The Core Member / The Other Member / Next Member agree and acknowledge 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 Elite Family Excursion Membership Agreement or the E-Privilege from the Core Member / The Other Member / Next Member. Such waiver shall not affect any right of the Company to enforce the terms and conditions of this Elite Family Excursion Membership Agreement or the E-Privilege at any time in the future.