1.1 Definitions
In these terms and conditions, unless the context specifies otherwise:‘Air France´ is defined as Société Air France, a société anonyme, incorporated under the laws of France and having its registered office at 45, rue de Paris,F-95747 Roissy CDG Cedex, France.‘Airline Partner´ is defined as any airline other than SkyTeam participating in the Program for whose services Award miles can be earned as specified in any Flying Blue Communication as issued from time to time.‘Award´ is defined as the award obtained within the Program by redeeming Award Miles in accordance with the procedures set forth in Flying Blue Communication.‘Award Miles' is defined as miles earned on SkyTeam, Airline Partners and Non-Airline Partners in accordance with the procedures set forth in Flying Blue Communication. Award Miles can be used to obtain Awards.'Award Upgrade' is defined as an Award that upgrades to a next higher class of travel than booked on the paid ticket.‘Boarding´ is defined as a boarding on an Air France, KLM, SkyTeam and Kenya Airways operated flight, excluding boardings on domestic flights in France by Members having their mailing address for Flying Blue Communication in France.‘Company´ is defined as Air France and KLM that are operating the Program.'Customer Service Center´ is defined as any service unit fully authorized by the Company to provide the range of services under the Program.'Enrolment Date' is defined as the date the enrolment form of the eligible applicant is signed or, in the event of internet or e-mail enrolment, the datethat the application is submitted to the Company via the Program´s internetor e-mail applications.‘FB´ is the abbreviation for the frequent flyer Program of the Company under the name Flying Blue.‘Flying Blue Communication´ is the overall name for the following means of communication used in the Program: Program brochures, Flying Blue News, Flying Blue letters, Flying Blue website and Flying Blue enrollment forms.‘General Terms and Conditions´ is defined as these terms and conditions governing the Program.‘Gold´ is defined as the second highest level in the Program. A Member qualifies for this level and is entitled to the services and benefits attached to this level subject to the following condition (i) 40,000 Level Miles or 30 Boardings on Qualifying Flights for Members having their mailing address for Flying Blue Communication outside France or (ii) 60 000 Level Miles or 30 Boardings on Qualifying Flights for Members having their mailing address for Flying Blue Communication in France. The services and benefits are specified in Flying Blue Communication.‘Ivory´ is the name for the base level in the Program. Members will automatically enrol on this level. The services and benefits attached to this level are specified in Flying Blue Communication. ‘KLM´ is defined as Koninklijke Luchtvaart Maatschappij N.V. (KLM Royal DutchAirlines) with its principal corporate office at Amstelveen, the Netherlands. ‘Level Miles' is defined as miles which count towards the Member´s level in the Program. Level Miles are earned on Air France, KLM, SkyTeam and Kenya Airways. Multi-miles obtained by using the Air France payment card“American Express Gold” also qualify for Level Miles.‘Member´ is defined as a member of the Program whose name is printed on the Card and who has been assigned a Program registration number. Only Members are entitled to the services and benefits proposed in the Program. ‘Membership Card´ and ‘Card´ are defined as the Program´s membership card, issued and distributed by the Company after acceptance by the Company of the application for the Program.‘Miles´ is defined as Award Miles and Level Miles.‘Non-Airline Partner´ is defined as a partner other than SkyTeam or Airline Partners for whose services Award Miles can be earned or redeemed as specified in any Flying Blue Communication as issued from time to time.‘Partner´ is defined as SkyTeam, Airline- and Non Airline Partners.'PIN' is defined as a Personal Identification Number that provides access to a Member's personal account.‘Platinum´ is defined as the most exclusive and highest level in the Program.A Member qualifies for this level and is entitled to the services and benefits attached to this level, subject to the following condition (i) 70 000 Level Miles or 60 Boardings on Qualifying Flights for Members having their mailing address for Flying Blue Communication outside France or (ii) 90 000 Level Miles or 60 Boardings on Qualifying Flights for Members having their mailing address for Flying Blue Communication in France. The services and benefits are specified in any Flying Blue Communication.‘Program´ is defined as the Flying Blue loyalty program offered by the Company as introduced in 2005 and developed to reward Members frequently traveling with Air France, KLM, SkyTeam or their Airline Partners and reward Members using qualifying services of Non-Airline Partners.‘Promotional Offers´ is defined as special temporary offers that give a Member the opportunity to earn extra Level- and, or Award Miles, use a reduced number of Award Miles when ordering Awards, or use additional benefits. 'Qualifying Flight' is defined as the flights being made by Air France, KLM, SkyTeam and Kenya Airways as described in any Flying Blue Communication as issued from time to time for which both Level Miles and Award Miles can be earned. ‘Silver´ is defined as the third highest level in the Program. A Member qualifies for this level and is entitled to the services and benefits attached to this level, subject to the following condition (i) 25,000 Level Miles or 15 Boardings on Qualifying Flights for Members having their mailing address for Flying Blue Communication outside France or (ii) 30 000 Level Miles or 15 Boardings on Qualifying Flights for Members having their mailing address for Flying Blue Communication in France. The services and benefits are specified in Flying Blue Communication.‘SkyTeam´ is defined as Air France, KLM and their allied airlines; Aeromexico,Alitalia, Delta, Korean Air, CSA Czech Airlines, Northwest Airlines and Continental Airlines. Participation in this airline alliance, known as SkyTeam,is open to change from time to time.
1.2 General
1.2.1 The General Terms and Conditions set out the contractual relationship between the Company and each individual Member. The Company reserves the right to cancel or to replace the Program and reserves the right to alter or amend at any time the Program, the General Terms and Conditions, Flying Blue Communication, the Level- and Award Miles accumulation structure, Award structure, Award Miles redemption structure, participation of any Partner in the Program, or Program procedures as described in Program documents. No damage claims against the Company by Members may be lodged as a result of legally required country-specific alterations. Notification of alterations and amendments to these terms and conditions will be issued through Flying Blue Communication. These General Terms and Conditions and any alterations shall be considered approved if the Member uses the Membership Card, orders or uses in any way an Award or benefit offered under the Program, or if no written protest is registered within 30 days of notification. If a Member does not accept the Program alterations, the Member may terminate the membership as per 1.2.2.
1.2.2 Each party may terminate the contractual agreement in writing at anytime. The General Terms and Conditions shall continue to govern implementation even after termination of the contractual relationship. If the Member cancels the contract, the Member has to return the Membership Card cut in half to the Company. Upon receipt, the Company shall terminate the membership, upon which a Member has six months from the date of termination to use up any accrued Level- or Award Miles. If the Company cancels the contract, all Level- and Award Miles shall expire six months from notification of cancellation. If the Member makes material misrepresentations, violates Award rules or rules as set forth in Flying Blue Communication, or violates rules as per 1.4.7, all Level- and Award Milesshall expire as soon as the Company has issued the notice of cancellation.
1.2.3 The Company will apply reasonable effort to give Members prior notice of termination of the Program.
1.2.4 The Company will apply reasonable effort to ensure that the Awards, benefits and opportunities to earn Level- and Award Miles being promoted as being available to Members will actually be available. However, Air France, KLM or their Partners may unilaterally restrict the amounts of the Award being proposed and the Company cannot guarantee or warrant that such facilities shall be available. A Member may therefore find that there is no availability on a given flight or that the particular Award is not available.
1.2.5 All Awards and benefits proposed are subject to change and availability, including blackout dates indicated in Flying Blue Communication. Local restrictions and, or alterations may apply. Awards, benefits and opportunities to earn Level- and Award Miles offered to Members are or maybe provided by Partners with which the Company has made arrangements, but over which it has no control
1.2.6 Awards, benefits and opportunities to earn and redeem Level- and Award Miles will be subject to the general terms and conditions of the Partner providing the promoted facilities. These general terms and conditions shall be sent to a Member when the Member submits a request for them to such Partner. All Air France flights will be subject to Air France´s conditions of carriage which are available on www.airfrance.com. All KLM flights will be subject to KLM´s conditions of carriage which are registered at the district court of The Hague and will be sent to a Member upon request.
1.2.7 The Company or its Partners reserve the right to make Promotional Offers available to groups of Members based on Program activity, including but not limited to flight activity, hotel-stay activity, car-rental activity and geographical location. Promotional Offers are not valid in combination with other Promotional Offers. The Promotional Offer that most benefits the Member will be applied.
1.2.8 On 31 December of each year, the level in the Program to which a Member is to be entitled the next year will be determined by the number of Level Miles accumulated or the number of Boardings on Qualifying Flights from 1st January until that 31 December. All accumulated Level Miles and Boardings will be subtracted from the Member´s statement of account, unless other wise indicated in Flying Blue Communication.
1.2.9 After a period of 36 months of no accrual of Level Miles by a Member,the Company reserves the right to cancel the Award Miles. After a period of 36 months of no accrual of Award Miles by a Member, the Company reserves the right to unilaterally terminate the membership.
1.2.10 Statements of account are provided to the Member on the basis of the Member´s activity in the Program. The Company reserves the right to change at any time the intervals at which such statements are provided. Information on the statements of account, including but not limited to statements by mail, e-mileage summary, IVR and website is purely indicative. Miles can be accrued only by Members whose mailing address is in country where the Program applies.
1.2.11 In the event of the death of a Member, the Company shall close that Member´s account.
1.3 Enrollment
1.3.1 Subject to local laws and parental or guardian approval, if applicable,the Program is open solely to individuals aged 2 years or older. Corporations, non-corporate bodies or other legal entities are excluded from participation. A special program known as “Frequence Jeune” is proposed to individual saged between 2 and 24 years with a mailing adress in France, Marocco, Tunisia or the French oversea departments and the specific terms and conditions of this latter program may be obtained on request.
1.3.2 A Member may only submit one application form for membership and the Member may have only one account in the Member´s legal name. In case of duplicate accounts, the latest account will be cancelled and all Level and Award Miles accumulated on that account will be transferred into the first account.
1.3.3 The account and the Miles acquired by the Member concerned, cannot under any circumstances be transferred, be queathed, assigned, sold or combined with, whether or not for valuable consideration, with the account of the Miles of any other person, wether or not that person is a Member of the Program, or with any other account belonging to the Member, except as otherwise laid down in provisions notified to the Member.
1.3.4 Qualifying Flights taken or used no more than 3 months prior to the signing date of the application form qualify for earning Level- and, or Award Miles and should be claimed retroactively.
1.3.5 The Member is responsible for providing the Company with the Member´s correct mailing address for Flying Blue Communication. If a Member changes his mailing address, the Member shall notify the Company in writing or by means of the Program´s website without any undue delay. This change of address should carry the Member´s signature or PIN, whichever is applicable.
1.3.6 Any eligible person wishing to join the Program must complete and sign an individual Program membership application, which the legal guardian or representative must sign if the applicant is a minor. All persons applying for membership of the Program shall be deemed to have read and accepted the General Terms and Conditions.
1.3.7 The Company reserves the right to refuse membership to any person who does not meet the requirements for participation in the Program.
1.3.8 Any person whose membership application has been accepted by the Company shall obtain an individual account, membership number and a PIN allowing access to Internet and any other service allowing access to services described in the Flying Blue Communication from time to time. The membership number will be required for any inquiry concerning the account.The PIN will always be communicated to the Member and only to the Member. The Member is responsible of the usage of his PIN and shall not disclose the PIN to any third party.
1.4 Compliance with the Program 1.4.0 The Member guarantees the correctness of all information given, including but not limited to mailing address, and shall be solely responsible for any erroneous, incomplete or out of date information.
1.4.1 Upon the request of the Company, the Member shall supply valid proof of identity. Failure to do so within a reasonable period as set by the Company will automatically lead to suspension or termination of the membership and forfeiture of all Level- and Award Miles accrued.
1.4.2 All Level- and Award Miles and subsequent Awards must be earned and used according to the rules and guidelines in these General Terms and Conditions. The Company has the final say as to whether an itinerary qualifies for Award- or Level Miles.
1.4.3 Level- and Award Miles will not be awarded on unused, forfeited, fraudulent, lost, out-of-date or refunded tickets or transactions. Level and Award Miles will not be awarded when a person checks in and improperly identifies under the same name as the Member.
1.4.4 Loss, theft or damage of the Membership Card must be reported immediately to the Customer Service Centre. Upon the Member's notification of a lost or stolen Card, the account will be closed and all Level- and Award Miles will be transferred to a newly assigned membership account. Upon the Member´s notification of a damaged Card, the Card will be replaced. The Company is not liable for any fraudulent use of the Card or failure of the Member to comply with the contents of this provision.
1.4.5 All claims for retroactive credit should be sent to the Customer Service Center either via the Internet or by regular mail within 6 months of the flight or transaction in question. Retroclaims for SkyTeam and Airline Partners have to be supported with (i) a copy of ticket or, in the event of electronic tickets, a document called “journey memo” or Trip Summary and (ii) the original boarding pass and retroclaims for Non-Airline Partners shall be supported with the original contract or invoice. Further more, the Company reserves the right to demand at any time all documentary evidence of the accrual of Miles. No correspondence can be entered into over retroactive credits of this kind, and documents submitted to the Customer Service Center cannot be returned.
1.4.6
The sale, purchase, brokerage, resale, barter or exchange of Level and Award Miles, Award tickets or -vouchers for any compensation is prohibited. Violators, including any passenger who uses a purchased or bartered Award, shall be liable for damages and litigation costs. Level-, Award Miles and Awards have no cash value and can never be converted into money.
1.4.7 In case of the violation of the general conditions of carriage or tariffs of Air France, KLM, or any Airline Partners, including SkyTeam, the general terms and conditions of Non-Airline Partners, the material violation of the General Terms and Conditions, the abuse of the Program, including the failure to follow program policies and procedures, the sale or barter of Awards or tickets and any misrepresentation of fact the reto, improper conduct, including any untoward or harassing behaviour with reference to any SkyTeam employee, unruly behaviour on board or in SkyTeam lounges, or any refusal to honour SkyTeam employee instructions, this may result in cancellation of the Member´s account and future disqualification from the Program, for feiture of all Level and Award Miles accrued and cancellation of previously issued but unused Awards.
1.4.8 Any material breach of the General Terms and Conditions may result in the confiscation of tickets of an Award at any time (including transit or enroute) and the payment by the Member or passenger of the full applicable fare for any segment travelled on Award tickets or Awards that have been misused.
1.4.9 In connection with the enforcement of any of the terms and conditions governing the Program, the Company reserves the right to take appropriate legal action as it deems necessary against the Member, and may recover damages, attorneys´ fees and court costs.
1.5 Personal Data
1.5.1 Personal data relating to the participation of Members in the Program will be processed and used for purposes serving Program implementation inaccordance with applicable Dutch and French data protection regulations such as the Dutch and French Personal Data Protection Act ('WetBescherming Persoonsgegevens and the French Law of January 7, 1978, asmodified by the law of August 6, 2004'). KLM has notified the Dutch Data Protection Authority (‘College Bescherming Persoonsgegevens´) on the processing of these personal data. Air France has notified the French Data protection Authority (“Commission Nationale Informatique et Libertés” - CNIL) on the processing of these personal data.
1.5.2 Personal data shall be used and exchanged by Air France, KLM and their Partners for the proper performance of the Program. Further more, in order to enable Air France, KLM or their Partners to offer products and services, as well as for their direct marketing- or communication purposes,information concerning you and your Program participation may be transmitted confidentially between Air France, KLM and their Partners for their sole usage. If the Member does not want to receive offers from Air France, KLM and, or their Partners, the Member may object, under certain conditions, to the processing of his data for this purpose by notifying the Customer Service Centre at any time in writing. For further details we refer to the KL privacy policy on www.klm.com and the Air France security policy and data confidentiality on www.airfrance.com.
1.6 Auditing
1.6.1 The Company reserves the right to audit any and all accounts in the Program at any time and without notice to the Member to ensure compliance with Program rules and applicable conditions of carriage and, or tariffs.
1.6.2 In the event that an audit reveals discrepancies or violations, the processing of Awards, Level- and Award Miles accrual, or statement of account may be delayed by the Company until the discrepancies or violations are resolved to the satisfaction of the Company. Pending such resolution, Members may be prohibited from redeeming Miles, accessing lounges, and using Awards, services or benefits associated with the Program as determined solely by the Company.
1.6.3 The Company reserves the right to inform the security officers of Air France, KLM, SkyTeam or any Airline Partner about the serious misbehaviour of the Member or discrepancies in the Member´s account.
1.6.4 The Company reserves the right to exchange information with Partners or their agents for auditing purposes.
1.7 Liability 1.7.1 The Company does not accept any liability what so ever in respect of any damage, death, delay, injury or loss arising out of or in connection with services, awards or benefits provided or not provided by Air France, KLM, SkyTeam or the Airline- or Non-Airline partners under the Program, save to the extent that such damage or loss arises out of negligence by the Company, or was caused by it with intent to cause such damage or recklessly and with the knowledge that damage would probably result, except as other wise provided by the Warsaw Convention (as amended) or the Montreal Convention, whichever is applicable. Any claim must be lodged directly with the Partner.
1.7.2 Save as other wise provided in clauses 1.2 and 1.7.1 above, the Company shall not be liable for any loss or damage resulting from the termination of or the change in the Program or for any with drawal from the Program by Air France, KLM or one of the Partners. The Company shall use its reasonable endeavours to inform the Member of any such changes or with drawals as soon as practicable.
1.7.3 If the Company or any Partner improperly denies a Member mileage credit, Awards, or some other benefit, the Member´s exclusive remedy shall be the issuance of the improperly denied mileage credit, Award or benefit if available, or such other reasonable, alternative comparable benefit as determined by the Company, or re-crediting of the Award Miles spent, at the Member´s option. In the event of any of the aforementioned improper denials, the liability of Air France, KLM or any Partner shall be limited to the value of the Award concerned and compensation shall only take the exclusive form of an Award or the re-crediting of the value in Award Miles.
1.7.4 Laws applicable in certain countries may impose restrictions on the conditions governing implementation or membership of the Program. Due to local laws and regulations, the Company may not be able to make available the Program or parts there of in certain countries or to certain individuals. The Company will not be liable when complying with such local laws and accordingly reserves the right to terminate a Member´s participation in the Program and cancel which ever Level and Award Miles such Member may have accumulated.
1.7.5 The Member is liable for any claims from third parties, including the tax authorities, arising from membership in the Program.
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