Banyantree Spa

These terms and conditions are incorporated into the agreement between the Member and Management shall be applicable to all Banyan Tree Spa Memberships.

Unless expressly provided for in the contrary herein:
Guest(s) refers to guest(s) accompanied by the Member at the Spa Facility.
Fees refers to the sums payable in respect of membership tariffs at such rates as may be applicable.
Management refers to the Banyan Tree Spas Pte. Ltd. and shall include the management company of the respective Spa Facility as the case may be.
Member refers to the person who has been granted Membership by the Management.
Membership refers to the membership rights and obligations of the Member granted pursuant to the terms and conditions herein.
Membership Card refers to the card issued by the Management to the Members for the purpose of identifying the Members.
Privileges refers to any benefit, discounts, packages, promotion and any other privileges extended by the Management to the Member from time to time.
Spa Facility refers to the following spa and fitness facilities (where applicable) managed by Banyan Tree Spas Pte. Ltd. and its affiliates including but not limited to:

1. Banyan Tree Spa Phuket	4. Banyan Tree Spa Shanghai
2. Banyan Tree Spa Bangkok	5. Banyan Tree Spa Seychelles
3. Banyan Tree Spa Bintan	6. Banyan Tree Spa Maldives, Vabbinfaru

Membership Application and Fees

Notice of the prevailing Fees shall be published in official brochures, posted at public areas of respective Spa Facility or included in any publicity material in any medium (including but not limited to email or the internet) as the Management deems fit. Any changes in the Fees shall be effective from the dates stipulated in such notices.

Unless otherwise stated or where required by local law, Fees shall be stated in the currency of the United States of America.

The Management reserves the sole and express right to approve or reject any new application or the renewal of any Membership without assigning any reasons whatsoever. The Management’s decision in this respect shall be final.

Each membership application must be accompanied with the full payment of the Fees in the applicable currency. Applications made without the full payment of Fees will be rejected.

Any money paid in respect of rejected applications will be refunded in full without interest.

The Management shall issue a written notice of its approval of an application to the Member. Membership shall commence one (1) week from the date of the notice.

Each Membership shall be valid for one (1) year from the commencement date in the foregoing and, unless earlier terminated pursuant to the terms herein, shall expire on the first anniversary of the commencement date unless successfully renewed or otherwise specified in writing by the Management.

During the term of Membership, each Member must ensure that the Management is updated promptly by signed written notice of any changes in personal particulars.

Membership Card

Upon approval of each application, the Member will be issued with a Membership Card.

10.

The Membership Card shall remain the sole property of the Management at all times. Upon the expiry of the Membership Term, the Membership Card shall be returned to the Management.

11.

The Membership Card will be delivered to the Member by post or by such other means specified by the Management.

12.

Any loss of Membership Card must be reported to the Management in writing within twenty-four (24) hours. In certain circumstances, the Management may also require and the Member shall in such circumstances agree to make a police report accompanied by written confirmation of the loss of the card and any other information as the Management may require. The failure by any Member to comply with the reporting procedures in the foregoing shall entitle the Management the option to terminate the defaulting Member’s Membership.

13.

A fee of US$50 is chargeable for the replacement of any lost Membership Card.

Termination of Membership

14.

The Management reserves the right in its sole discretion to refuse entry, remove any Member including his Guests or to terminate the Membership of the Member who in the opinion of the Management:

a.	commits any criminal offence on the Spa Facility premises;
b.	displays unbecoming or uncivil behaviour within the Spa Facility premises;
c.	fails to observe or comply with any terms, conditions, rules and regulations of the Membership and/or Spa Facility;
d.	acts in any manner that is abusive or offensive to the employees of the Spa Facility or towards other Members and/or Guests; and
e.	fails to pay all or part of any fees, expenses, charges or other amounts due to the Management whether arising out of this Membership or incurred upon any visit to any Spa Facility or upon the use of any services.

15.

In the event of any termination, including but not limited to clauses 12 and 14, no Member shall be entitled to any refund on the whole or in part of the Fees paid.

16.

Upon the termination or expiry of the Membership, all rights and privileges of any Member shall cease with immediate effect.

17.

The termination or expiry of any Membership shall not affect the Management’s right to recover any monies owing including but not limited to expenses, charges or fees imposed or incurred or occurring prior to and up to including the date of termination or expiry.

Membership Rights & Privileges

18.

The Membership Card will entitle the Member to Privileges as and when prescribed by the Management under the Membership benefits.

19.

For Members who are Spa & Gym Members, their Membership Card will entitle the Member access to and usage of the gym facility (where these are available as part of the Spa Facility) subject always to availability and the prevailing rules and regulations governing the use of such gym facility.

20.

Membership Privileges are strictly non-transferable unless expressly provided for.

21.

The Management reserves the right and absolute discretion to amend, vary, suspend or terminate part or all of the Privileges assigned to the Members at any time.

22.

In order to enjoy such Privileges, the Member is required to produce his valid Membership Card and to register his Guests, if any, at the Spa Facility’s reception counter at each visit. The Management reserves the right to refuse entry and to withhold any services in respect of any Member who fails to produce a valid Membership Card at the outset of any visit to any Spa Facility.

Guest

23.

Each Member shall be entitled to a maximum of five (5) Guests per visit per day at any one Spa Facility subject always to the Spa Facility’s availability of services at the material time. The Management reserves the right to revise the maximum number of Guests and amend any Privileges as extended to Guests at the management’s discretion at any time.

24.

All Guests must be accompanied by the Member at all times during their visit in order for the Guests to enjoy the Privileges available to them.

25.

The Management may also refuse entry to any Guest without assigning any reasons or notification.

Member’s Responsibilities and Liabilities

26.

Each Member shall comply with and observe all prevailing rules and regulations at the respective Spa Facility at all times and shall procure that every Guest complies with and observes the same at the material time during all their visits.

27.

All Members shall be responsible for their Guests including but not limited to any expenses, fees or any other charges incurred by their Guests or levied by the Management at any Spa Facility.

28.

Should any injury or medical conditions arise that appear to require medical attention (in the opinion of any staff of the Spa Facility or Management) during their visit, the Management shall, on behalf of the Member and/or Guest, call and request for medical help.

29.

The Management shall not be responsible or held liable for any or all cost, expenses, loss, or claims that may arise from or in relation to medical assistance or treatment required by the Member or his/her Guest. Any or all such cost, expenses, loss or claims shall be the total and full responsibility of the Member.

30.

Where any Member or Guest damages or breaks any facility, equipment or any or part of the property of the Spa Facility, such Member shall be liable for the entire cost of necessary repairs or replacements. Such costs shall be assessed by the Management whose decision shall be final and conclusive.

31.

The Member and Guests are bound by all the prevailing rules and regulations of the Spa Facility and terms and conditions of this Membership.

32.

The Member agrees to fully indemnify and hold harmless the Management, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees (on an indemnity basis), arising from any breach of these terms and conditions by the Member, or in connection with any act, omission, default, negligence or conduct of his Guest, or in connection with any other liabilities arising out of the Member's or his Guest's use of the Spa Facility or any services under this Membership.

33.

Each Member shall ensure that the Member and his Guests, if any, shall have the sufficient knowledge for the proper use of the Spa Facility’s services and shall undertake, prior to any visit, to be in good health and sufficient state of physical fitness.

34.

Each Member shall be personally responsible for his personal safety and the safety of his Guest at all times within the Spa Facility.

Membership Terms and Conditions

35.

The Membership shall not confer on any Member and such Member shall not acquire any right, title or interests in the premises, fixture, equipment or assets whatsoever of the Spa Facility or any part thereof.

36.

Each Member acknowledges and agrees that the use of the Spa Facility shall be at the Member’s and Guests’ own risk.

37.

The Management shall not be liable for any loss or damage to property, or any bodily injuries, illness or death of any Member, Guests and/or any other persons including third parties in the Spa Facility, howsoever caused, aggravated or incurred arising out of or in any way connected with but not limited to any behavior of the Members and/or Guests (including such behaviour as may be deemed inappropriate by the Management), the use of the Spa Facility's services, facilities, programs, activities and/or equipment. This exclusion shall not apply where the Management is determined in a court of law to be negligent and shall be effective save where expressly excluded by applicable law.

38.

The Member agrees that, except for death and personal injury arising from the Management’s negligence, the Management shall not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with this Membership or usage of the Spa Facility, for any economic losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings) any loss of goodwill or reputation, or any special or indirect consequential losses in any case whether or not such losses were incurred by that party arising out of or in connection with the provisions of any matter under the Membership or use of the Spa Facility’s services whether arising out in connection with the Member or any Guests.

39.

The Management may at any time in its discretion and without prior notice, amend, vary or add to the rules, regulation, benefits, privileges, terms, conditions and use of the facilities and equipment as may from time to time be enjoyed by the Members. The Management may do so by sending the Member a notice or by issuing a notice that can be viewed at any of the Spa Facility or on the official website or by any other method that the Management deems fit. Such variations take effect from when they are stated to take effect whether or not the Members are aware of them.

40.

If any Member does not agree to any amendment, deletions or variations to these terms or any rules and regulations of use, they may terminate their Membership forthwith. The Management will not be liable for any refund, compensation or any claims in such circumstances. By continuing to use the Spa Facility, the Members are deemed to have agreed to be bound by these new terms and conditions and rules and regulations.

41.

The Management reserves the right to close the Spa Facility and withdraw any right conferred on Members to use any Spa Facility for purpose of renovation, re-organisation, or effecting a change in management of the Spa Facility. In such an event, the Management reserves the right to suspend the Membership for the time being without the Management being liable to any Member for compensation or damages.

42.

The Management is authorized by the Member to use store and transfer, as the Management may consider necessary, the Member’s personal information and details to all such persons, including but is not limited to, its employee, affiliate, agent or partner of the Banyan Tree group for any and all purposes in connection with such services and/or for the purpose of promoting, improving and furthering the provision of the Banyan Tree group’s products and services to the Member.

43.

The Management shall not be responsible for the safekeeping, loss, theft or damage of any Member’s belongings including those of his Guests’ brought into the Spa Facility.

44.

The Member acknowledges and agrees that no partnership or agency relationship exists between the Member and Management as a result of the Membership or the Member’s use of any Spa Facility’s services.

45.

Any delay or failure by the Management to exercise their rights and/or remedies under this agreement does not represent a waiver of any of the Management’s rights.

46.

In the event of any inconsistency between the different language versions of this agreement, the English version shall prevail.

47.

The terms and conditions herein (as amended from time to time) constitutes the entire agreement between the Members and the Management regarding the Member’s membership and supersedes all previous agreements, understandings and arrangements, written or oral, between the Member and the Management in relation to such matters.

48.

Personal notification may be made to Members via, facsimile, electronic mail, postage mail or any other notification the Management deems fit. The Member is deemed to have been notified:

a.	immediately, if via electronic mail send through the Management’s computer;
b.	following confirmation of transmission being issued by the facsimile machine used by the Spa Facility; and
c.	by the 2nd and 5th business day immediately following the date of dispatch of local and overseas postal mail respectively.

49.

In cases of any disputes, all decisions made by the Management will be final and no correspondence will be entertained.

Terms and Conditions of Spa Vouchers

The value of all Banyan Tree spa vouchers (the “Spa Vouchers”) are denominated in the United States Dollars.

All Spa Vouchers are issued by Banyan Tree Spas Pte. Ltd.

The Spa Vouchers shall be valid for one (1) year from the date of issue and thereafter, any unutilized value in any Spa Voucher shall be invalid. For clarification, all Spa Vouchers issued and/or dated more than a year ago are invalid for any purpose.

The Management shall not be liable for any refund, issue compensation or be responsible for the non-usage of any Spa Vouchers.

No extension or renewal of the validity of the Spa Vouchers shall be permitted.

Spa Vouchers may be redeemed for spa treatments at any Spa Facility and may be used in conjunction with the applicable membership discount on presentation of the Spa Vouchers together with the Member’s Membership Card at the time of payment.

The use of the Spa Vouchers does not automatically entitle the Member and his Guests to the use of services at the Spa Facility as this is subject to availability and it is recommended that the Member make the necessary reservations prior to his visit to the Spa Facility. All reservations are first come first serve basis and are subject to always to availability.

Spa Vouchers may be utilized by Guests accompanied by and at the request of the Member to the Management. Save as provided in the foregoing, the Spa Vouchers are strictly non-transferable.

All spa treatments shall be subject to the applicable government taxes and prevailing service charges. The amount of such taxes and charges shall be deducted accordingly from the value of the Spa Vouchers.

10.

The Spa Vouchers are not refundable or exchangeable for cash.

11.

Members may not distribute or resell these Spa Vouchers to any party in any manner.

12.

Upon the use of the Spa Vouchers at any Spa Facility, the Spa Vouchers shall be retained by the Management. No change will be given for under utilization.

13.

Due to local regulatory requirements, spa treatment prices may be quoted in local currency at selected Spa Facilities. In such instances, the Spa Voucher’s value will be converted to the local currency at the time of payment, based on an exchange rate as determined to be applicable in the sole and absolute discretion of the Management. The Management shall not be liable to account for any cost or loss in the value of the Spa Vouchers due to such currency conversion. There will be no refund or compensation of any unused balance after such conversion and the same is deemed to be forfeited.

14.

The Member shall be required to pay for any shortfall of any amount payable and due if the charges for spa treatments exceed the value of the Spa Vouchers.

15.

The Management reserves the sole right and discretion to amend, vary or revise the terms and conditions connected with the Spa Vouchers at any time without notice.