TERMS AND CONDITIONS OF ESCAPE LOUNGE
These terms explain how you make, amend or cancel a booking for the Escape Lounge. In addition, they set out the basis on which you are permitted to use the Escape Lounge.
The Escape Lounge is operated by the Company and these Terms are between you and the Company. By making a Booking or entering the Escape Lounge, you agree to be bound by these Terms. For corporate bookings, the corporate entity responsible for the booking also agrees to be bound by these Terms. Please note that if you have made your Booking via a Booking Partner, additional terms may apply. Please speak to your Booking Partner for further details.
Should you have any questions in relation to these Terms, please contact the Company as indicated below or speak to a member of the Escape Lounge staff.
“Airport” means the Airport in which your chosen Escape Lounge is situated.
“Booking” means a booking for entry into the Escape Lounge in accordance with these Terms.
“Booking Partner” means any third party booking partner appointed by the Company.
“Cancellation Policy” means the cancellation policy set out in Section 3 of these Terms.
“Company” and “we” and “us” means MAG US Lounge Management LLC
“Entry Price” means the charges stated by the Company at the time of booking and payable by you for entry into the Escape Lounge, including, where applicable, the Premium Charge.
“Escape Lounge” or “Lounge” means an Escape Lounge waiting area within the Airport.
“Facilities” means the following (including, but not limited to): a range of alcoholic and soft drinks, tea and coffee, a choice of hot and cold food, a range of magazines and newspapers, and Wi-Fi services, but excluding the Premium Facilities unless you have paid the Premium Charge.
“Guest(s)” and “you” and “your” means an individual permitted access to the Lounge in accordance with a Booking and these Terms or, where the context permits, a corporate entity responsible for a Booking on behalf of an individual.
“Premium Charge” means the charge payable by you in addition to the Entry Price to entitle you access to the Premium Facilities, such additional charge to be as stated at the time of Booking or entry to the Lounge.
“Premium Facilities” means the wider selection of food and beverage items made available to those Guests who pay the Premium Charge.
“Terms” mean these Terms and Conditions.
Booking and Confirmation
Entry by a Guest or Guests (a maximum of 6 Guests in total are permitted for any group Booking unless you receive the prior written consent of the Company) to the Lounge may be booked in the following ways:
in advance online using the Company's online booking form and paying by debit or credit card;
in advance online using a Booking Partner's online booking form and paying by debit or credit card;
at the Lounge door by debit/credit card;
by telephone, using a debit/credit card;
by invitation of the Company or the Company's recognized partners; or
with a pass issued by an agency recognized by the Company.
The Entry Price will be determined by the type of Facilities and Premium Facilities you request.
Bookings made in advance will be confirmed by the Company or the relevant Booking Partner via email or by provision of a booking reference number upon acceptance by the Company of a completed booking form and full payment in respect of each Guest. The booking confirmation will reference the number of Guests, types of Facilities booked, and any other arrangements that have been agreed between you and us.
All Bookings will be subject to availability, acceptance of these Terms, and full payment in respect of each Guest.
Booking Changes and Cancellations By You
A Booking is made solely by you, and the Booking may not be transferred to an agent or third party without our written consent. Where the Facilities have been booked in advance of the date of travel, you must notify us of any desired changes to the Booking (including, but not limited to, the number of Guests and types of Facilities) as soon as possible and prior to the date of travel.
A reduction in the number of Guests in the Booking will be subject to our Cancellation Policy below. In the event you notify us of changes to the Booking other than a reduction in the number of Guests (e.g., flight or date change) at least 48 hours prior to the date and time of arrival at the Lounge indicated by your Booking, we may charge you a $10.00 change fee per Guest and any applicable additional Entry Price. Changes made after such 48 hour period, if available, may be subject to an additional change fee. All changes to Bookings are subject to availability.
Should you make changes to the Facilities booked or the number of Guests in the Booking, we reserve the right to make changes to the applicable rates and/or Facilities offered by us. You shall be responsible for paying for all Facilities not included within the original Booking, including the Premium Facilities (whether such additional Facilities are requested in advance of the booking or at the time of attendance at the Lounge).
In the unfortunate circumstance that you have to cancel or postpone your confirmed Booking at any time prior to the date of travel, our Cancellation Policy is detailed below.
For individual Bookings cancelled with 48 hours or more notice before the date and time of arrival at the Lounge indicated by the Booking, Guests shall be entitled to a full refund, subject to a $10 cancellation fee per Guest.
For individual Bookings cancelled with less than 48 hours' notice before the date and time of arrival at the Lounge indicated by the Booking, no refund shall be available.
No refund shall be given for Guests failing to attend the Lounge during the time period stated on the Booking.
For group Bookings of 6+ people cancelled with 7 or more days' notice before the date of arrival, there is a $10 cancellation fee per Guest. For group Bookings cancelled with less than 7 days' notice before the date of arrival, no refund shall be available.
If the amended charges are lower than those originally booked, the Guest will be refunded accordingly.
Amendments Or Cancellation By Us
Should we need to make any amendments to your Booking, we reserve the right to offer alternative dates and/or Facilities.
Our acceptance of your Booking is on the understanding that circumstances beyond our control may prevent us from meeting our obligations at the relevant time in which case we will not be liable for any loss or damages suffered by you or any third party.
We may cancel the booking:
(a) on immediate written notice to you in the event that any monies due and payable under these Terms (whether demanded or not) have not been paid to us in accordance with any applicable payment details; or
(b) if the Booking might, in our opinion, prejudice our reputation.
In the event we cancel your booking pursuant to 4(a) or 4(b), you will not receive any refund.
Your Booking entitles you to a single visit in the Escape Lounge for up to 3 hours from the booked time of arrival at the Lounge. The Facilities are available for the time reserved in your Booking and are subject to availability.
While we will endeavor to do so, we cannot guarantee that groups will always be able to sit together due to capacities within the Lounge. If a flight is delayed by more than 30 minutes and you wish to remain in the Lounge, you will be required to pay an additional Entry Price. If there is insufficient capacity for us to offer this option, we will have the authority to request that you leave the Lounge. To ensure that we provide the highest levels of service, we reserve the right to refuse entry to any person, at any time, for any reason deemed appropriate by us, including (but not exclusively): capacity limitations, intoxication, unacceptable verbal or physical actions towards any staff member, or any conduct that we determine may offend or disturb other guests.
Charges and Payment
You shall pay the Entry Price and any Premium Charges in full prior to entering the Lounge. By providing your credit/debit card and in connection with a Booking, you authorize us to change your credit/debit card. All Entry Prices and Premium Charges are subject to airport service fees, sales tax and/or VAT at the current rate (save for corporate bookings where the organization making the Booking is exempt), which will be added to the Entry Price and Premium Charges. All amounts stated in these Terms are in U.S. Dollars.
Only children over the age of 6 are permitted to use the Escape Lounges and must be accompanied by a guest age 18 or older at all times. Children age 6 or below are not permitted to enter the Escape Lounge.
Children between 6-11 years old are eligible for the child Entry Price. Persons 12 years old and above will be charged the adult Entry Price. Proof of age may be required at the point of entry.
There is a maximum number of 3 children per Booking.
Families are welcome in the Lounge in accordance with these Terms, however, they may be required to utilize the designated family or children leisure areas within the Lounge.
Use Of The Lounge And Dress Code
Entry into the Lounge entitles you to access the Facilities available.
Guests under the age of 21 are not permitted to consume alcohol while in the Lounge. As proof of age may be required to be shown to Lounge staff members upon request, Guests are advised to bring identification into the Lounge. We advise that Guests drink sensibly and avoid drinking to excess. The Company accepts no liability for Guests drinking to excess in the Lounge but retains the right to limit alcohol consumption to ensure no Guest becomes intoxicated prior to flying. It is the sole responsibility of the Guest to ensure that he or she is fit for their flight following consumption of alcohol at the Lounge. We reserve the right to refuse service of alcoholic beverages, in our sole discretion, to Guests without sufficient legal identification, Guests that appear to be intoxicated, or for any other reason. You or your party must not bring food or drinks into the Lounge for consumption within the Lounge, nor remove any food or drink provided within the Lounge.
Each Guest agrees:
(i) to use the Facilities in accordance with these Terms and any other terms and conditions that may be posted at Lounge locations, which are subject to change without notice;
(ii) to be jointly and severally responsible for all the obligations contained in these Terms;
(iii) to not bring animals or pets of any kind, except guide dogs, into the Lounge;
(iv) to reimburse us the costs of repairing any damage to our Lounge caused by you or any of your Guests. The Company reserves the right to levy additional charges on you (including any corporate entity booking on behalf of a Guest) if the conduct of you or any Guests in your party results in the Lounge (or any part thereof including but not limited to the toilets, cloakrooms or common areas) suffering damage, mis-treatment and/or abuse which requires the Company to incur additional expense in order to remedy or rectify the same (e.g., soilage charges, damage to Lounge property, etc);
(v) to be responsible for his or her own behavior. Any Guest whose behavior is disruptive, disrespectful, or inappropriate for any other reason, in our sole discretion, may be removed from the Lounge;
(vi) to comply with any specific requests relating to Lounge or Airport safety and security;
(vii) to adhere to the dress code of smart casual or business attire at all times. We reserve the right to refuse admission to any person dressed in a way that might be deemed inappropriate. Baseball caps, shorts above the knee and sports jerseys are not permitted, or any other item of clothing that we determine may offend other guests. Gentlemen's shoulders must be covered at all times;
(viii) to comply with all applicable laws, regulations, and policies; and
(ix) to comply with all reasonable directions, instructions or orders given or issued by the Lounge staff or the Airport, whether verbally or in writing.
While we may display flight information, we have no responsibility to inform you of flight information or changes to flights, and we are not responsible for you or any other Guest attending the Lounge with you, missing a flight.
The Company shall use its reasonable efforts to provide the Facilities during the hours advertised, but reserves the right to vary the Facilities provided, the hours of operation, or close the Lounge for refurbishment, relocation or other reason, in which case an alternative lounge will be provided or Entry Prices and Premium Charges refunded. The Company shall use reasonable efforts to ensure a suitable environment is maintained in the Lounge, including keeping the Lounge clean and tidy and ensuring Lounge staff are available.
Any breach of these Terms, whether intentional or otherwise, may result in termination or suspension of a Booking, or cancellation of access to the Lounge, Facilities, or both, at our sole discretion. The Company will not be liable for any loss or damages suffered by any Guest due to the Guest's breach of these Terms and the Guest will forfeit the Entry Fee.
The Company expressly reserves the right at any time, in its sole and absolute discretion and without notice or any liability, to terminate, suspend, or materially alter any aspect of operation of the Lounge or Facilities, temporarily or permanently.
Limitation Of Liability And Indemnity
You are advised to keep all personal belongings with you at all times. In no circumstances will the Company or its affiliates or representatives accept any responsibility for the loss, theft, or damage to any property belonging to you or any other Guest attending the Lounge with you.
THE COMPANY WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT LOSS OF PROFITS, LOSS OF OPPORTUNITY, LOSS OF REVENUE OR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL LOSS OR DAMAGES INCURRED BY ANY GUEST, WHETHER FORESEEABLE OR UNFORESEEABLE, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THE LOSS OR DAMAGES IS BASED, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES OCCURRING.THE AGGREGATE LIABILITY OF COMPANY ARISING FROM, RELATING TO, OR IN CONNECTION WITH THESE TERMS OR THE ESCAPE LOUNGE WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT PAID TO COMPANY BY YOU FOR THE PARTICULAR SERVICE AT ISSUE.
THE FOREGOING LIMITATIONS DO NOT APPLY TO LOSS OR DAMAGES ARISING FROM DEATH OR PERSONAL INJURY CAUSED BY THE COMPANY'S NEGLIGENCE OR ANY OTHER LOSS OR DAMAGES WHICH CANNOT BE EXCLUDED BY LAW.
YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE OR IN OTHER JURISDICTIONS OR COUNTRIES. BECAUSE SOME STATES OR JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, OR LIMITATIONS ON OR EXCLUSIONS OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO A GUEST DEPENDING ON HER, HIS, OR ITS STATE OR NATION OF RESIDENCE.
You shall, at your sole expense, indemnify, defend, and hold harmless Company and its affiliates, and their respective members, managers, directors, officers, employees, agents, and representatives from and against any and all losses, damages, liabilities, costs, and expenses (including, without limitation, attorneys' fees and all expenses of litigation) incurred in connection with any judicial or non-judicial claim, action, demand, suit, or proceeding (collectively, “Claims”) brought against any of them insofar as such Claim: (i) is based upon an allegation that if true, would constitute a breach of these Terms by you; (ii) arises from or is related to any other party's access to or use of the Escape Lounge with your Booking; or (iii) arises from or is related to your access to or use of the Escape Lounge.
THE LOUNGE AND ALL FACILITIES ARE PROVIDED “AS IS”, AND THE COMPANY DOES NOT MAKE, AND HEREBY SPECIFICALLY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED BY STATUTE OR COMMON LAW, REGARDING THESE TERMS THE LOUNGE, THE FACILITIES, OR SERVICES PROVIDED HEREUNDER, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Access to the internet may be available in the Lounge, subject to availability. Notwithstanding the generality of the foregoing, Company does not represent or warrant that the internet access offered through the Lounge is secure or free from computer viruses or other defects. The Company shall not be liable for any third party content on the internet that the Guest may find offensive, upsetting or defamatory. Guests are responsible for maintaining the security of all log-in identification information made available to them to access the internet or computer facilities in the lounge. To the extent permitted by law, the Company is not liable for any security breaches suffered by any Guest when using the internet, including personal or information security breaches, and is not liable for any loss or damage suffered as a result of the unavailability of the internet facilities, including interruptions during use.
If, by reason of operational requirements by us or any order imposed on us by any governmental entity or the Airport, or any force majeure event or occurrence, including, but not limited to, fire, tempest, explosion of any kind, failure or neglect on the part of any utility supplying electricity, gas or water, labor strike, civil commotion, war, or explosion or any other event beyond our control, we are prevented, or anticipate that we will be prevented or hindered, from fulfilling the substance of our obligations under these Terms, then we shall use reasonable efforts to ensure that you are aware of the occurrence of any such event and we shall be entitled at any time, so long as such cause still subsists, to cancel your Booking without notice.
In the event of cancellation pursuant to this paragraph:
(i) we will have no liability to you for any loss which you or any Guests may sustain in consequence of any such cancellation; and
(ii) you will have no liability to us in respect of your payment obligations.
If you have any dispute with us, you agree that before taking any formal action, you will contact us at firstname.lastname@example.org , provide a brief, written description of the dispute and your contact information (including any Booking confirmation information, if your dispute relates to a Booking) and allow 60 days to pass, during which we will attempt to reach an amicable settlement of any issue.
Disputes are further limited by the following:
These Terms, your use of the Lounge and Facilities, and any other matter relating to Company will be governed by the laws of the Country or State in which the Lounge is situated, without regard to its conflicts of laws principles and must be submitted for arbitration.
These Terms and each of its parts evidence a transaction involving interstate commerce, and the United States Arbitration Act applies in all cases and governs the interpretation and enforcement of the arbitration rules and arbitration proceedings. Any claims arising out of, relating to, or connected with these Terms must be asserted individually in binding arbitration administered by the American Arbitration Association (“AAA” ) in accordance with its Commercial Arbitration Terms and the AAA Supplementary Procedures for Consumer-Related Disputes (including without limitation utilizing desk, phone or video conference proceedings where appropriate and permitted to mitigate costs of travel). The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms including, but not limited to, any claim that all or any part of these Terms is void or voidable. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The arbitration and the parties' agreement to arbitrate will be deemed to be self-executing, and if either party fails to appear at any properly-noticed arbitration proceeding, an award may be entered against such party despite said failure to appear. There are only two exceptions to this arbitration agreement:
First, if we reasonably believe that you have in any manner violated or threatened to violate these Terms, we may seek injunctive or other appropriate relief in any court of competent jurisdiction.
Second, any claim of $1,000 or less may, at the option of the claiming party, be resolved in small claims court, if the claim and the parties are within the jurisdiction of the small claims court.
BY AGREEING TO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.
REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO ACCESS TO OR USE OF AN ESCAPE LOUNGE OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED.
Representations And Warranties
You represent and warrant that you have the full right, power, and authority to enter into these Terms and perform your obligations under these Terms.
If you are a corporate entity, you represent and warrant that you have the right to provide us with information regarding Guests, and that our use of such information is in accordance with these Terms will not violate any third party's rights.
These Terms represent the entire understanding of the parties and supersedes all previous and contemporaneous agreements and statements whether written or oral regarding the subject matter of these Terms. These Terms may be amended or modified only by a written instrument signed by both of the parties hereto. No failure or delay by a party in exercising any right or remedy under these Terms will operate as a waiver thereof, and any waiver will only be enforceable if made in a signed writing by the party waiving the right or remedy. In the event that any term of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction, the term will be modified to be enforceable to the maximum extent permitted by law (or severed if that is impermissible), and the remainder of these Terms will remain valid and enforceable. These Terms will not be construed against the drafter. Sections 9, 10, 13 and 15 of these Terms will survive any termination of these Terms in perpetuity. You agree that any agreements, including, but not limited to, acceptance of these Terms, made by and between you and us in electronic form are as legally binding as if made in physical written form.