Cape Henlopen

Rules for the Cape May - Lewes Ferry Loyalty Program

Important: The following are the rules and other provisions (collectively, "Rules") of the Cape May - Lewes Ferry Loyalty Program, which includes but is not limited to the accrual and redemption of points, awards and benefits (collectively, the "Program"). By enrolling or participating in the Program, you indicate your acceptance of these Rules and agree to abide by them. It is your responsibility to read and understand all of the Rules. For more information, contact the Cape May - Lewes Ferry Customer Service Department or visit the Cape May - Lewes Ferry website at CMLF.com. These Rules cannot be superseded or changed, except in writing from Cape May - Lewes Ferry. The most current Rules may be found on CMLF.com and this is the final authority on the Rules. The Rules on CMLF.com shall be deemed to supersede any prior or conflicting versions thereof.

GENERAL CONDITIONS

The Program is offered at the discretion of Cape May - Lewes Ferry and Cape May - Lewes Ferry has the right to terminate the Program, in whole or in part, or to change the Rules, benefits, conditions of participation, qualification criteria or redemption levels, in whole or in part, at any time, with or without notice, even though changes may affect the value of benefits, points or certificates already accumulated.

Cape May - Lewes Ferry may, among other things, withdraw, limit, modify or cancel any award; increase the points, cash required, applicable co-pays or number of certificates required for any award; modify benefits associated with VIP status; modify VIP qualification criteria; modify or regulate the transferability of awards or benefits; add an unlimited number of blackout dates; or limit the number of redemptions available to any or all destinations. Members of the Program (“Members”), in accumulating any benefits of any kind including but not limited to certificates or points, may not rely upon the continued availability of (a) the benefits associated with a VIP or (b) an award or award level, and Members may not be able to obtain all offered benefits or awards or use awards to all destinations or on all departures. Cape May - Lewes Ferry reserves the right to make bonus and promotional offers by Cape May - Lewes Ferry or Cape May - Lewes Ferry Loyalty Partners selectively available to certain Members at any time, based on activity, Partner (defined below) activity, geographic locations, points accumulation, Program participation, or other factors determined at Cape May - Lewes Ferry's sole discretion. Points redemption activity (and processing of any points redemption requests for any awards, certificates or benefits may be prohibited in any Cape May - Lewes Ferry Loyalty account or suspended for a period of time after the opening of the Cape May - Lewes Ferry Loyalty account.

The Rules control your membership and participation in the Program and no covenants at law or in equity shall be implied or incorporated, all of which are expressly disclaimed. Cape May - Lewes Ferry has the sole right to interpret and apply the Rules. IF CAPE MAY - LEWES FERRY OR A PARTNER IMPROPERLY DENIES AN ACCRUAL OR BENEFIT, LIABILITY WILL NOT EXCEED THE EQUIVALENT VALUE, AS DETERMINED BY CAPE MAY - LEWES FERRY, OR THE PARTNER AS THE CASE MAY BE, OF THAT ACCRUAL OR BENEFIT. IN NO EVENT SHALL CAPE MAY - LEWES FERRY BE LIABLE TO A MEMBER, OR ANYONE ACTING ON THE MEMBER’S BEHALF, FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING LOST REVENUE OR PROFITS, ARISING OUT OF THE ACTS OR OMISSIONS OF CAPE MAY - LEWES FERRY IN CONNECTION WITH THE PROGRAM, OR COSTS OR ATTORNEYS’ FEES. Any abuse of the Program or failure to follow the Rules, terms and conditions or any abuse of any Partner offers or programs, any violation of law, rule, or regulation, any conduct detrimental to the interests of Cape May - Lewes Ferry, any fraudulent activity or attempted fraudulent activity, any dissemination of information designed to defraud Cape May - Lewes Ferry, or any misrepresentation of any information furnished to Cape May - Lewes Ferry or its affiliates by any Member, anyone else acting on the Member's behalf, or any third party (collectively, “Prohibited Conduct”), may result in Cape May - Lewes Ferry exercising any one or more of the following remedies (“Cape May - Lewes Ferry’s Remedies”), with or without notice to the Member: (a) the termination by Cape May - Lewes Ferry of such Member’s membership (including without limitation any VIP status, if applicable), (b) the removal or cancellation by Cape May - Lewes Ferry of any or all accrued points, and any pending or outstanding award redemptions, certificates, or benefits (including without limitation any benefits associated with VIP status, if applicable), (c) the confiscation of any award tickets, denial of boarding with respect to any award ticket holders or, at Cape May - Lewes Ferry's discretion, completion of the travel only upon payment of an applicable revenue fare (and applicable taxes and fees), or (d) the loss of other Program benefits. In addition to the foregoing Cape May - Lewes Ferry’s Remedies, Cape May - Lewes Ferry may, upon written request, require the Member to repay the value, as determined by Cape May - Lewes Ferry, of the awards redeemed, certificates or benefits acquired as a result of Prohibited Conduct and, in the event of a Member’s failure to repay, may initiate legal action to recoup the value of awards redeemed, certificates or benefits acquired by the Member through Prohibited Conduct. Members whose accounts have been terminated shall not be eligible to participate in any aspect of the Program and shall not be eligible to enroll with new accounts unless express consent is received from Cape May - Lewes Ferry.

In the event Cape May - Lewes Ferry suspects Prohibited Conduct, Cape May - Lewes Ferry reserves the right, with or without notice to the Member, (a) to delay or suspend all activity (including without limitation any points redemption activity and processing of any points redemption requests for any awards, certificates or benefits, including without limitation any Premier (and/or Million Miler) status benefits) in any Cape May - Lewes Ferry Loyalty account, and (b) to audit or investigate any Cape May - Lewes Ferry Loyalty account at any time. During the course of an audit or investigation, a Member’s account information may be shared with any third party with whom Cape May - Lewes Ferry has contracted to assist in performing such audit or investigation. While the account is suspended, the Member may continue to accrue points in the account, but no points redemptions or other transactions will be permitted and any outstanding award redemptions, certificates and benefits (including without limitation any VIP status benefits, if applicable) will be subject to cancellation or suspension. Cancelled award redemptions, certificates and benefits must be surrendered to Cape May - Lewes Ferry upon Cape May - Lewes Ferry’s request. Upon completion of the audit or investigation, if Prohibited Conduct has been detected by Cape May - Lewes Ferry, Cape May - Lewes Ferry may exercise any one or more of Cape May - Lewes Ferry’s Remedies or any other remedies available at law or in equity.

Each Member is responsible for being and remaining knowledgeable as to the Rules and the amount of points in such Member’s account. A Member shall notify Cape May - Lewes Ferry promptly of any error in the Member's Cape May - Lewes Ferry Loyalty account such as an erroneous points balance, certificate balance, etc. In the event a Member’s points balance, certificate balance, credit balance, or other balance offered by Cape May - Lewes Ferry Loyalty is erroneously credited for any reason, the Member’s use of such erroneously credited benefit shall constitute a violation of these Program Rules. Cape May - Lewes Ferry may, but shall have no obligation to, send newsletters, statements, correspondence, or other materials, including notifications of Program changes or special promotions. Each Member shall be responsible for advising Cape May - Lewes Ferry of any change of contact information and Cape May - Lewes Ferry shall have no liability for misdirected correspondence or any consequences thereof.

The accumulation of points, certificates, and/or the redemption of awards are subject to these Rules. The accumulation of points, certificates, and other credits and benefits do not entitle Members to any vested rights with respect to the Program, including without limitation, any awards or VIP benefits.  No points, benefits, certificates, account numbers, status or awards earned or granted under the Program may be transferred or assigned except as expressly permitted by Cape May - Lewes Ferry in writing or under programs fully authorized and/or sponsored by Cape May - Lewes Ferry.

The Program is maintained for the benefit of Cape May - Lewes Ferry and individual Members. Only individuals are eligible for Cape May - Lewes Ferry Loyalty membership, and each individual may maintain only one account in the Program. Notwithstanding the foregoing, Cape May - Lewes Ferry Loyalty may, in certain circumstances, permit Members who are not individuals to participate in the Program, subject at all times to the provisions of Rules and any other limitations set forth by Cape May - Lewes Ferry Loyalty in its sole discretion. Duplicate accounts in the Program will be subject to cancellation. Generally, points, benefits, certificates, or awards earned or granted in two or more different accounts may not be combined. If a Member maintains multiple accounts and Cape May - Lewes Ferry suspects or finds Prohibited Conduct, Cape May - Lewes Ferry reserves the right to exercise Cape May - Lewes Ferry’s Remedies with respect to each account. Only the Member named on the account will be entitled access to account information. Account information is Cape May - Lewes Ferry's proprietary information and, except as otherwise authorized by Cape May - Lewes Ferry, Members may access information only for the purpose of obtaining information about their account. Each Member is responsible for ensuring account credentials are not shared, distributed, or given to any other individual and no Member may delegate or grant access (via power of attorney, contract, or otherwise) to a third party. Any Member who shares account information with any third party will be held responsible for such third-party’s actions with respect to the Account. Account information may be reproduced for use by the applicable Member but must contain copyright and proprietary notices and redistribution in any way requires Cape May - Lewes Ferry's written permission.

Awards and benefits, including accrued points, and certificates do not constitute property of the Member and are not transferable except as set forth herein. In the event of the death or divorce of a Member, Cape May - Lewes Ferry may, in its sole discretion, credit all or a portion of such Member’s accrued points to authorized persons upon receipt of documentation satisfactory to Cape May - Lewes Ferry and payment of applicable fees.

All calculations made in connection with the Program, including without limitation, the value of any benefits, the accumulation of points, the satisfaction of the qualification requirements for VIP status and/or the revisions of calculations (including without limitation any estimates), will be made by Cape May - Lewes Ferry in its discretion and such calculations will be considered final.

Neither Cape May - Lewes Ferry’s waiver or consent to a deviation from the Rules nor any course of dealing shall be construed as a waiver by Cape May - Lewes Ferry of any subsequent violation of the Rules and Cape May - Lewes Ferry may invoke Cape May - Lewes Ferry’s Remedies for a violation of the Rules despite any such prior waiver or consent.

Prohibition of sale or barter

The sale, barter or other transfer or attempted sale, barter or other transfer of any points, certificates, awards, benefits or status, other than as authorized and/or sponsored by Cape May - Lewes Ferry, is expressly prohibited. Any points, certificates, awards, benefits or status sold, bartered or otherwise transferred is in violation of the Rules and any accounts or Members involved in such sales, barters or other transfers may be subject to Cape May - Lewes Ferry’s Remedies. The acquisition, use, transfer or attempted acquisition, use or transfer of points, certificates, awards, benefits or status that have been acquired by purchase, barter or other transfer in violation of the Rules may result in Cape May - Lewes Ferry’s exercise of Cape May - Lewes Ferry’s Remedies.

Partners

"Partners" means tour companies, rental car companies, hotels or other entities other than Cape May - Lewes Ferry who offer products, services, or other benefits, including without limitation status, or market to Members of the Program or who may permit the accrual or redemption of points by Members. Cape May - Lewes Ferry and its subsidiaries, affiliates and agents are not responsible for any products, services or other benefits provided by participating companies and Partners. The Partners are independent entities, and Cape May - Lewes Ferry is not responsible for the nature or quality of any products or services provided by Partners, nor for any solicitation efforts or other acts or omissions by Partners. Details on specific Partner offers are as published from time to time and Partner offers will be governed by the terms and conditions set forth by the applicable Partner. 

Cape May - Lewes Ferry shall have no liability for Partner withdrawals from the Program; award or offer changes, including without limitation changes to the amount of points offered; discontinued Cape May - Lewes Ferry or Partner products, services or other benefits, including without limitation status; cancellations caused by Partner withdrawals, including without limitation cancellations of awards, points accrual offers, points redemption offers, and/or Partner cancellation; or any other act or failure to act by a Partner. Cape May - Lewes Ferry may change the criteria for Partner offers or impose other restrictions upon the use of Partner offers or awards, with or without notice.

Cape May - Lewes Ferry reserves the right to deny the redemption of points and/or the accrual of points in connection with the use of any Partner product, service or other benefits, in the event that accrual of such points and/or qualifying credits and/or redemption of points is prohibited by law or otherwise.
Privacy Policy

By participating in the Program, Members authorize Cape May - Lewes Ferry to collect, maintain, use, process and share their information, including, without limitation, names, email addresses, physical addresses, account and other information in accordance with Cape May - Lewes Ferry’s Privacy Policy. You can learn more about how Cape May - Lewes Ferry collects, maintains, uses, processes and shares your information in Cape May - Lewes Ferry’s Privacy Policy which may be viewed at ???? Cape May - Lewes Ferry's Privacy Policy is merely a statement of administrative protocol; it is not a contract, nor does it create any contractual or legal rights. Cape May - Lewes Ferry’s Privacy Policy is not made, or intended to be made, a part of these Rules.
Points accrual

Points will be accrued in a Member’s account only when the Member avails themselves of a means of accrual recognized under the Program. Members may only accrue points as a result of their own utilization of services. 
Members may be required to supply a password and/or other security measures when conducting certain transactions in writing, by phone or on the internet for security or other purposes. A password and/or other security measures may be required for certain services, including but not limited to making reservations, redeeming points and changing an address. Members are responsible for maintaining the confidentiality of their password and other security credentials, as applicable. Cape May - Lewes Ferry is not responsible for stolen security credentials or passwords and will not redeposit points for redemptions using the Member's security credentials or password.

Except as otherwise expressly permitted by Cape May - Lewes Ferry, points can be accrued only after the Member's official enrollment date and can be applied only to the Member's account.

Points will be credited only to individual Members and only for departures actually used by the individual Member. Points credit will not be awarded for flight cancellations. In addition, some fares or tickets, including but not limited to special promotions, industry discounts, group rates or special promotional rates, at Cape May - Lewes Ferry’s discretion, by itself or in conjunction with Cape May - Lewes Ferry’s Partners, may be excluded from points accrual. Cape May - Lewes Ferry expressly reserves the right to establish the means of accruing points, to delete or modify any or all of the means currently recognized or to exclude specific types of transactions or tickets from the accumulation of points, in each case, with or without notice.

Partner offers will be governed by the terms and conditions set forth by the applicable Partner.

Only the Member associated with the Cape May - Lewes Ferry Loyalty account number which is used with Partner transactions may receive points credit for Partner services. 

Claims about Member balances

Cape May - Lewes Ferry will, in most cases, credit its Members' accounts with accrued. However, each Member shall have the responsibility to ensure that such Member’s points and any other eligible credit are properly credited. Cape May - Lewes Ferry shall determine qualification for points credit and reserves the right to adjust a Member’s account balance if points were deposited in error. Where a Member contends that points has been earned but not credited, or in cases where Cape May - Lewes Ferry deems verification is required, Cape May - Lewes Ferry reserves the right to require proof from the Member, including but not limited to copies of tickets, receipts or similar documentation verifying any transactions claimed to have been performed. Any claims for points by the Member and proof of such claims must be received by Cape May - Lewes Ferry within twelve (12) months after the date such points were claimed to be earned. Certain Partners may have valid retro-credit claim periods that differ. Please check CMLF.com or the Partner offer for details.

Each Member shall have the responsibility to notify Cape May - Lewes Ferry of any erroneous or fraudulent points deduction from such Member’s account within twelve (12) months of the date of the deduction. Cape May - Lewes Ferry will review such Member’s claim and reserves the right to require proof, documentation or certification from such Member during the review. A redeposit back into to such Member’s account of the points claimed to be erroneously deducted will be determined by Cape May - Lewes Ferry in its sole discretion after review and Cape May - Lewes Ferry’s decision will be considered final.

Points accrued in a Member's account shall be maintained in the account until it is redeemed for an award or until it is otherwise forfeited pursuant to (a) these Rules, (b) Prohibited Conduct, (c) lack of Member account activity (points accrual or redemption) for a period of 24 months, (d) Member requested account closure, (e) the death of a Member or (f) the failure of a Member to respond to repeated communication attempts regarding the status of his/her account.

Award redemption

Cape May - Lewes Ferry shall establish the amount, structure, availability, process and other criteria for award redemption (including the amount of points necessary to redeem each award), all of which are subject to modification, cancellation or limitation at Cape May - Lewes Ferry’s discretion, with or without notice. The amount of points required to redeem any award may be substantially increased or decreased, any award may be withdrawn, and restrictions on any award or its redemption may be imposed at any time. Cape May - Lewes Ferry may prohibit award redemption for any Member at its discretion or when required by law or otherwise.
Awards may, at the request of the Member, be issued by Cape May - Lewes Ferry in the name of the Member or in the name and for the use of any other person only for non-commercial purposes. Such awards will be issued only after a Member validates their account via use of a password or other security measures that Cape May - Lewes Ferry has in place at the time of the award request.

After an award ticket or other award is issued, a service charge may be imposed for each change or cancellation requested by the Member.

When an award is redeemed but then is subsequently cancelled or returned in accordance with the Program’s applicable rules and/or ticketed fare rules at that time (or, as applicable, the Partner’s rules) the Member’s award points taken in connection therewith will be redeposited into the Member’s account, subject to a service charge. For purposes of clarification, some awards may not be eligible for redeposit of points and will so state.
Awards for travel shall be valid only to destinations served both at the time of the issuance of the award ticket and at the time of departure, and neither Cape May - Lewes Ferry nor its partners shall be liable for schedule changes that result in the cancellation of service to any destination. If a Member fails to comply with any published award rules for travel, at Cape May - Lewes Ferry's sole discretion, such Member may be accommodated on a different departure than originally selected, denied ticketing or boarding, or be subject to other action as provided herein, and such Member will not be entitled to compensation in connection with any such action. 

Disputes

You agree that you will notify Cape May - Lewes Ferry of any dispute by submitting your concerns via EMAIL, including a description of the nature of the dispute. Following delivery of such submission, you agree to allow Cape May - Lewes Ferry a period of sixty (60) days to provide a substantive response and to try to resolve the dispute, prior to filing any lawsuit, arbitration, administrative or any other proceeding against Cape May - Lewes Ferry related to the dispute. COMPLIANCE WITH THE NOTIFICATION PROCEDURES SET FORTH HEREIN SHALL BE A CONDITION PRECEDENT TO YOUR RIGHT TO FILE ANY LAWSUIT, ARBITRATION, ADMINISTRATIVE OR ANY OTHER PROCEEDING AGAINST CAPE MAY - LEWES FERRY. YOU AGREE THAT YOUR FAILURE TO COMPLY WITH THE NOTIFICATION PROCEDURES SET FORTH HEREIN PRIOR TO FILING A LAWSUIT, ARBITRATION, ADMINISTRATIVE OR OTHER PROCEEDING AGAINST CAPE MAY - LEWES FERRY SHALL ENTITLE CAPE MAY - LEWES FERRY TO RECOVER REASONABLE ATTORNEYS’ FEES INCURRED IN DEFENDING THE LAWSUIT, ARBITRATION, ADMINISTRATIVE OR ANY OTHER PROCEEDING.

Class action waiver

YOU AGREE THAT THE RESOLUTION OF ANY DISPUTE, CLAIM, OR CONTROVERSY RELATED TO THE PROGRAM SHALL BE CONDUCTED ON AN INDIVIDUAL, NOT A CLASS-WIDE BASIS, AND THAT NO SUCH PROCEEDING MAY BE CONSOLIDATED WITH ANY OTHER LEGAL PROCEEDINGS INVOLVING CAPE MAY - LEWES FERRY. YOU FURTHER AGREE THAT YOU, AND ANYONE ASSERTING A CLAIM FOR YOU, WILL NOT BE A CLASS REPRESENTATIVE, CLASS MEMBER, OR OTHERWISE PARTICIPATE IN A CLASS, REPRESENTATIVE, CONSOLIDATED OR PRIVATE ATTORNEY GENERAL PROCEEDING AGAINST CAPE MAY - LEWES FERRY.