Welcome to the Magellan Constellation Club™
Magellan Luxury Hotels and Magellan Vacations Inc. (“Magellan”) is pleased to offer membership in the Magellan Constellation Club.
TERMS AND CONDITIONS
The following terms and conditions (“Term and Conditions”) apply to your membership in the Magellan Constellation Club. Your participation in the Magellan Constellation Club shall be governed by and conditional upon your understanding and agreement to abide and be bound by these Terms and Conditions, as well as any updates or modifications which may be made to them from time to time by Magellan. As a member of the Magellan Constellation Club, you agree to comply with these Terms and Conditions and hereby acknowledge and agree that your membership and any program benefits of the Magellan Constellation Club are a privilege and are being offered at the sole discretion of Magellan.
Eligibility: The Magellan Constellation Club membership program is available to individuals residing in countries that legally permit participation in frequent stay programs. Application for membership, or membership in the Magellan Constellation Club, is void where same is prohibited by law. Application for membership is open to individuals who are of majority age in their place of residence. Employees of Magellan are not eligible to be members of the Magellan Constellation Club.
Enrollment: You may become a member of the Magellan Constellation Club by calling one of Magellan’s Hotel Experience Consultants or Customer Service agents through one of the listed phone numbers, or via the chat service on www.magellanluxuryhotels.com. Once your enrollment has been completed and accepted by Magellan, a welcome and confirmation will be sent to you by email. Your email address will be used as your unique identifier for participation in the Magellan Constellation Club.
Term: Your membership in the Magellan Constellation Club shall be for an initial term of one (1) year, commencing upon the date of your enrollment. Silver Star membership (see “Membership Levels” section below) shall automatically renew upon the first anniversary of that date and each anniversary of that date following, until such earlier time as (a) you cancel or terminate your membership in accordance with the terms hereof or (b) Magellan cancels and terminates your participation in accordance with the terms hereof; or (c) Magellan cancels and terminates the Magellan Constellation Club in its sole discretion. Gold Star membership shall renew upon each anniversary of that date, provided the annual fee has been paid in full to Magellan (see “Membership Levels” section, and Appendix “A”), until such earlier time as (a) you cancel or terminate your membership in accordance with the terms hereof or (b) Magellan cancels and terminates your participation in accordance with the terms hereof; or (c) Magellan cancels and terminates the Magellan Constellation Club in its sole discretion.
Benefits: Details about the Magellan Constellation Club benefits can be found by visiting www.magellanluxuryhotels.com/constellation-club . Magellan Constellation Club benefits may be updated from time to time by Magellan.
Bookings: Members will receive Magellan Constellation Club rates only when booking is made through Magellan. Reservations made directly through participating hotels are not eligible for Magellan Constellation Club rates. The benefits and services of the Magellan Constellation Club have been established by Magellan for Magellan Constellation Club members. Benefits and services offered directly by or through each participating hotel may vary and are not the responsibility of Magellan and do not form part of the benefits, services or membership in the Magellan Constellation Club.
Membership Levels: The Magellan Constellation Club has two distinct membership levels; “Silver Star” and “Gold Star”:
- Silver Star: You will become a Silver Star member upon your enrollment and acceptance into the Magellan Constellation Club. Silver Star membership entitles you to access Magellan’s exclusive rates at no additional cost.
- Gold Star: In order to become a Gold Star member, you must submit the annual fee as more particularly described in Appendix “A” to these Terms and Conditions. As a Gold Star member, you are entitled access to exclusive additional benefits more particularly described on Appendix “A” to these Terms and Conditions and as may be determined and updated by Magellan from time to time. Gold Star members are also able to access all exclusive rates available to Silver Star members.
Membership Obligations: As a member, you are solely responsible for promptly advising Magellan of any changes to your contact information or other information.
Termination of Membership: You may choose to terminate your membership in the Magellan Constellation Club at any time by providing notice of that termination to Magellan by contacting one of our Hotel Experience Consultants or Customer Service agents through one of the listed phone numbers on www.magellanluxuryhotels.com.
Corporate Clients: Magellan Constellation Club membership is for individuals only.
Amendment; Modification; Termination of Magellan Constellation Club: Magellan specifically reserves the right in its sole discretion to add, modify, revise, amend, alter, delete, withdraw, terminate or otherwise make changes to the Magellan Constellation Club and any of the Terms and Conditions, including, without limitation, the rules, procedures, benefits, awards and award levels pertaining to the Magellan Constellation Club, in whole or in part, at any time, without notice for any reason, without liability, in its sole discretion. This means that Magellan may make changes that affect, but are not limited to, partner affiliations, rules and procedures for the use of benefits and awards, benefit types, levels required for obtaining benefits and awards, continued availability of awards, blackout dates, room availability, and the terms of special offers. It is your responsibility and a condition of your membership in the Magellan Constellation Club to review and remain current with the Terms and Conditions during your participation in the Magellan Constellation Club.
Payments: Your credit card information is only used to provide the services you request, such as reserving a hotel room or purchasing a Gold Star membership. Hotels charge your card directly for reservations and any charges to your room(s). Magellan follows best practices for protecting your personal and credit card information. In accordance with Payment Card Industry Data Security Standards (PCI DSS), credit card information is stored and managed securely by a PCI-compliant third-party credit card processor, and by becoming a member you provide your consent to this storage in order to better service your requests.
Fraud; Abuse; Termination of Membership: Fraud or abuse, or suspected fraud or abuse of the Magellan Constellation Club benefits, including without limitation, membership privileges and benefits or other use of the Magellan Constellation Club program in a manner that is inconsistent with these Terms and Conditions or the intent of the Magellan Constellation Club program, is subject to appropriate administrative and/or legal action by Magellan, including the termination of Magellan Constellation Club privileges, and revocation of membership. Magellan also reserves the right, in its sole discretion, to immediately discontinue a member’s Magellan Constellation Club membership, and terminate the member’s account, if a member violates any local, provincial, state, or federal laws or ordinance, otherwise misuses the benefits of membership, fails to pay any valid bill or account, or engages in improper conduct with any Magellan or hotel employee. Notwithstanding any of the foregoing, participation in the Magellan Constellation Club is a privilege that can be revoked by Magellan in its sole discretion at any time and without compensation. Nothing contained in these Terms and Conditions shall limit or be construed to limit Magellan in the exercise of its legal or equitable rights or remedies.
Non-Transferable: Membership in the Magellan Constellation Club and the benefits thereunder cannot be assigned, traded, sold or otherwise transferred or disposed of (other than with the prior consent of Magellan in its sole discretion) and any assignment, trade, sale, transfer or other purported disposition in violation of these Terms and Conditions shall be void and may, in the sole discretion of Magellan, result in the cancellation of the membership, reward or benefit, as the case may be.
Entire Agreement: These Terms and Conditions, as may be amended from time to time, constitute the entire agreement between Magellan and yourself regarding your participation in the Magellan Constellation Club and your entitlement to any other benefit of Magellan Constellation Club membership. Except as expressly contained in these Terms and Conditions, there are no conditions, representations, warranties, express or implied, statutory or otherwise. By participating in the Magellan Constellation Club through www.magellanluxuryhotels.com, you hereby irrevocably consent to the formation of contractual relations through electronic communications and transmissions, and consent to the receipt of electronic commercial messages from Magellan which latter consent shall continue until and unless it is withdrawn by you upon providing notice thereof to Magellan.
No Liability: Magellan will not be liable for any of the following:
- failure to provide notification of any kind to a member;
- incorrect or inaccurate transcription of member contact information;
- any human error and/or omission caused by any means;
- interruption, deletion, omission, defect, or line failure of any service, telephone network or electronic transmission;
- problems relating to computer equipment, software, inability to access any web site or on-line service or any other technical or non-technical error or malfunction;
- requests or correspondence contained in any lost, late, stolen, illegible, incomplete, garbled, misdirected, mutilated or postage due mail or other mail or electronic mail; or
- damages that may be sustained by any member as a result of any of the foregoing.
For certainty, Magellan does not guarantee continual, uninterrupted or error free service or use of www.magellanluxuryhotels.com. You acknowledge that participation in the Magellan Constellation Club is conducted electronically and relies on hardware and software that may malfunction without warning.
No Waiver: In the event that any term or condition hereunder is not strictly enforced by Magellan, it shall not constitute a waiver of that provision or any other provision of these Terms and Conditions.
Release: Members in the Magellan Constellation Club, their heirs, executors, legal personal representatives, successors and assigns (all such persons and entities hereinafter collectively called the “Releasors”), agree, among other things, to hereby irrevocably and unconditionally indemnify, release and forever discharge Magellan and their subsidiaries, affiliates, directors, officers, shareholders, unitholders, employees, agents, other participants, any sponsors, advertisers, and each of their respective successors, administrators, assigns, heirs and legal personal representatives (all such persons and entities hereinafter collectively called the “Releasees”) of and from all injuries, liabilities, damages, actions, suits, obligations, duties, acts, omissions, misfeasance, malfeasance, losses, expenses, costs, rights of indemnity and all other claims and rights whatsoever, however suffered or caused (including compensatory, incidental, indirect, special, punitive, consequential or exemplary damages or damages for loss of income or profits), including without limitation, in whole or in part by the negligence of the Releasees or otherwise whether or not known or anticipated, which the Releasors ever had,now or may in the future have, directly or indirectly, against the Releasees for or by reason of the Releasor’s participation in the Magellan Constellation Club.
Limit on Liability: Any liability Magellan may have to you is limited to crediting you or your account with annual membership fees actually paid by you in connection with your membership in the Magellan Constellation Club in accordance with the Terms and Conditions. For certainty, use and participation in the Magellan Constellation Club is strictly subject to the Terms and Conditions hereof.
Governing Law: These Terms and Conditions shall be interpreted and construed in accordance with the laws of the Province of Manitoba and the laws of Canada applicable therein, without regard to conflict of law principles. Any dispute with respect thereto or of the Magellan Constellation Club will be subject to, and you hereby irrevocably attorn to the exclusive jurisdiction of the provincial and federal courts located in Winnipeg, Manitoba, Canada.
Headings: Headings used in these Terms and Conditions are for convenience of reference only and shall not affect the construction or interpretation of any part of the Terms and Conditions.
Appendix “A” – Gold Star Membership
Fees and payment: An annual fee of ninety-nine US dollars ($99.00 USD) is applied to Gold Star membership. This annual fee is payable at the time of enrollment. Gold Star membership shall renew and the annual fee shall become payable on each anniversary of the date of enrollment until the Gold Star membership is terminated for any reason. Membership fees may change from year to year at the sole discretion of Magellan, however a paid membership fee will not change during the annual period for which it is purchased. Once paid, no annual fee or portion thereof shall be refundable for any reason under these Terms and Conditions including, without limitation, the termination of Gold Star membership by a member of the Magellan Constellation Club or Magellan.
Benefits: Gold Star members receive the same Magellan exclusive rates offered to Silver Star members as well as certain other additional benefits. These may include, but are not limited to:
- room upgrades,
- complimentary breakfast,
- complimentary parking,
- early check-in or late check-out,
- welcome amenities, and
- special rate offers.
Gold Star memberships are purchased on an individual basis.