DREAMJET PARIS NEW YORK. MyCompagnie GENERAL CONDITIONS. I) GENERAL CONDITIONS OF THE MyCompagnie PROGRAM

Transcription

1 DREAMJET PARIS NEW YORK MyCompagnie GENERAL CONDITIONS Summary I) General conditions of the MyCompagnie Program II) Points awarded III) Use of points IV) Miscellaneous I) GENERAL CONDITIONS OF THE MyCompagnie PROGRAM The general conditions of the MyCompagnie program are applicable from July Definitions Unless otherwise indicated due to the context, the words and phrases below must be defined in these general conditions in the following manner: The Airline Company : The Boutique Airline Company The Boutique Airline Company : Dreamjet Participations S.A.S., a French law, simplified joint stock company having its registered office at 53 Avenue Jean Jaurès, Le Bourget, France, registered on the Bobigny Commercial and Companies Register under the number Company DreamJet Participations is the owner of the Program Customer Service Centre : any service unit approved by the Airline Company to provide the range of intended services under the Program. Date of Membership : The date on which the application is submitted to the Airline Company via the Airline Company s website. General Conditions : these General Conditions governing the Program. Member : Any individual who has been allocated a membership number for the Program and whose name is stated on the Member s Card. Only Members can benefit from the services and benefits offered under the Program. Member s Card : the Member s Card for the Program that is issued and sent by the Airline Company after acceptance by the latter of the application for membership to the Program.

2 Points : Each flight effectuated with the Airline Company (one-way and return) enables the accumulation of points, the number of which varies depending on the price category of the ticket purchased. Program the MyCompagnie loyalty program offered by the Company is aimed at rewarding Members who fly frequently with the Airline Company Qualifying Flights : the flights actually taken with the Airline Company enabling the accumulation of Points. Cancelled flights and no-shows will not be taken into account. 2. Generalities The General Conditions govern the contractual relationship between the Company and each Member. The Company reserves the right to at any time replace, amend, modify or cancel the General Conditions, MyCompagnie Communications, the structuring of the Points, the structure of the use and accumulation of the Points or the procedures relating to the Program as described in the Program documents. The Company reserves the right to transfer ownership of the MyCompagnie Program. The points will be credited to the customer account only after the flight. A Member cannot, under any circumstances, make any claim for damages and interest against the Company following specific modifications imposed by domestic legislation in each country. Notice of the modifications and amendments made to these General Conditions will be given through MyCompagnie Communications. These General Conditions and any modifications to them will be considered to have been approved if the Member uses the Member s Card or if any written opposition is not registered within 30 days following such notice. In the event of a refusal to accept the modifications made to the Program, the Member will have the right to cancel his membership. In compliance with the procedures described in MyCompagnie Communications, the contract can be terminated at any time by either party. The General Conditions will remain applicable even after the termination of the contractual relationship. The Company will cancel the membership on receipt of the request for cancellation and the Member will have six months from the date of cancellation in which to use all of his accumulated Points. In the event of termination of the contract by the Company, all of the Points will expire within a period of six months from the notice of cancellation. If the Member makes material misstatements, infringes the Points rules or the rules as stipulated in MyCompagnie Communications or the rules [sic], all Points will expire once the Company has given notice of the cancellation. If the MyCompagnie Program ends, the Company will do what it can to give Members prior notice. For Members, the accumulated Points are valid for a period of three years from the date they are obtained. It is for the member to verify the expiry date of his Points.

3 In the event of the death of a Member, the Company will close the account of the said Member on receipt of the death certificate. 3 Membership Subject to national law and parental or guardian authorization, if applicable, the Program is open only to individuals aged 2 and over. The participation by any legal entities is excluded. A Member can take out only one membership and the Member can have only one account in his name. A Member can earn points only from his own flights and not those reserved for another person. Specifically excluded, therefore, are spouses, children and work colleagues. The account and the Points acquired by the Member in question cannot, under any circumstances, be transferred, bequeathed, assigned, sold or accumulated in any manner, without for consideration or for free, with the Points account of any other person, whether the latter is a Member of the Program or otherwise, or with any other account held by the Member, except in the situations provided by the Company and stated in the MyCompagnie Communications. The Qualifying Flights taken since July 2014 before the date of registration for the program give rise to the right to the obtaining of Points that will be retroactively credited. By joining the Program, the Member agrees to receive MyCompagnie Communications, which are an integral part of the Program. The Member is required to provide the Company with an address in order to receive his Member s Card and MyCompagnie Communications. Any eligible person who wishes to join the Program must join the loyalty program by creating an account on the Boutique Airline Company website by entering his personal information and password. The Member must activate his account via an that will be automatically sent to him. The Member s number is automatically created. Any person requesting to join the Program is deemed to have read and accepted these General Conditions. The Company reserves the right to refuse membership to any person who does not satisfy the conditions required by the Program. Any person whose application for membership has been accepted by the Company will obtain an individual account and member number. The member number will be necessary for any queries in relation to the account Any person who wishes to accumulate points must each time state his member number in the relevant box in the reservation system in the event of an online reservation or state his member number to one of the customer service advisors in the event of a reservation via Customer Services.

4 II) Earning Points Each flight, whether one-way or return, gives the Member a right to a certain number of points according to the price conditions that the latter has chosen. The list can be consulted online in the Member s personal space. The Points acquired will be automatically credited to the Member s account no matter what the identity of the person or the entity that paid for the tickets or services, on the condition that the said Member has provided his membership number when reserving the flight via the website or Customer Services. Members must provide any third party or legal entity that pays for the tickets, transaction or services with information on the Points and benefits obtained under the Program. The points are exchangeable at any time for airline tickets for all destinations serviced by the Airline Company. The Member can choose the type of ticket that he wants to exchange. A total of 20 points is necessary in order to obtain an exchange of Points for a one-way ticket. A total of 40 points is necessary to exchange the Points for a return ticket. Such tickets do not give rise to the right to flights with other airline companies. The airport taxes that are applicable and service costs remain payable by the customer for each free ticket. Each Member must verify that the Points have been credited to his account either via the Internet or by contacting the Customer Services Centre. The Company reserves the right to debit the account of any Member who has acquired Points in an undue manner. Points are not credited in the event of the cancellation of flights by MyCompagnie, in particular in the event of cancellations due to bad weather, industrial conflicts or safety reasons. All Points will be awarded and used in compliance with the rules and instructions in these General Conditions. The Member must actually travel in order to win Points. Points will not be awarded for tickets that are not used, confiscated, fraudulent, lost, out-of-date or reimbursed. The Member can accumulate Points only for the flight that he himself has taken, even if the Member buys the tickets for other people or several seats on the same flight. In the event of a transfer to another flight due to unforeseen circumstances, the Member will gain Points on the flight on which he had originally purchased his ticket and not on the trip actually taken. The Member s account can be credited only once for each flight taken and only once for each service used. The Company will do what it can to provide precise information on any credit or number of Points. However, the Member is required to keep the necessary documents, such as boarding passes and passenger receipts, which must be provided in order to obtain a retroactive credit.

5 III) Use of Points Where a Member has accumulated a sufficient number of Points, the said Member can exchange his Points for airline tickets by telephoning the Airline Company s Customer Services. Only the Member is authorized to request Ticket Points. In the event that the Member is legally incapacitated (whether adult or child), the request for airline tickets must be made by the lawfully appointed representative or guardian of the said Member. Once the ticket has been issued, the Member may, under certain conditions and at least 24 hours before departure of the first leg of the trip, modify or cancel the ticket obtained through the Points, and will do so in accordance with the procedures described in the Communication MyCompagnie. For modified or canceled flights, penalties will be due by the Member: $53 per leg for a change, or $107 per leg for a cancellation.. The points will be re-credited to the customer s account. In the event of modification or cancellation more than 24 hours before boarding, no cancellation or modification will be possible. Such absence of modification and cancellation will lead to the loss of Points, airline ticket and taxes paid. In the event of a failure to present for boarding and after the date of return, if the trip has not been undertaken, the ticket obtained using Points can no longer be used or reimbursed. No change in beneficiary is authorized. The Member must read the conditions applicable to the use of the ticket obtained using the Points and, if applicable, take out appropriate insurance in order to cover the situation where he cancels his trip. For travel with a child who is less than two years old, the adult travelling with a Points Ticket must make a reservation for the baby on the conditions applied by the said airline company. The Member is required to pay all applicable taxes, fees and surcharges associated with the issuing or use of an airline ticket obtained using Points and to have all travel documents necessary for the Points ticket. The Member or beneficiary must comply with all specific, local, regulations, whether applied legally or in any other manner and verify the customs formalities applying in the country of destination. The Points Tickets cannot be used for transporting medical stretchers, hostesses accompanying children, baby seats or to benefit from an additional seat. Conformity with the Program The Member guarantees the correctness of the information provided, in particular his address. The Member will be considered to be solely liable in the event of incorrect, incomplete or out-of-date information. The Member undertakes to provide proof of his identity when requested. Any failure to reply to such request within a reasonable period will automatically lead to the suspension or

6 cancellation of the membership and the loss of all accumulated Points. All Points will be awarded and used in compliance with the rules and instructions contained in these General Conditions. The Member must immediately inform the Customer Service Centre in the event of the theft or loss of the Member s Card. Where the loss, theft or damage to the Member s Card has been notified, the said Member s Card will be replaced. The company declines any liability for fraudulent use of the Member s Card or in the event that the Member does not comply with this provision. No Points will be awarded for transactions or tickets that are not used, confiscated, fraudulent, expired, lost or reimbursed. No Points will be granted if a person registers and identifies himself in an unreasonable manner under the same name as the Member. The Company reserves the right to at any time claim any documents proving the Points accumulated. The requests for retroactive credits can be only made by way of telephone. The points will be automatically credited. The sale, purchase, brokering, resale or exchange of Points is prohibited. The Points do not have commercial value and cannot, under any circumstances, be converted into money. The serious breach of the price conditions, the General Conditions or the conditions of transport, the unreasonable use of the Program and, in particular, non-compliance with the program, the sale or exchange of Points or tickets and any false declaration of facts relating to the Program, any reprehensible behaviour and, in particular, any regrettable or hostile behaviour with respect to any employee of the Company, any undisciplined behaviour on board or in the waiting rooms or any refusal to follow instructions given by an employee can result in the cancellation of the Member s account and resulting exclusion from the Program. Any material breach of the General Conditions can lead to the confiscation of all accumulated Points, tickets obtained using Points and payment by the Member or passenger of the full price applicable for any leg travelled with Points used in an unreasonable manner. The Company reserves the right to bring any court proceedings that may be required and that it considers necessary against the Member in relation to the execution of any of the conditions governing the Program and to recover damages and interest, lawyer fees and court costs. The employees and executives, their heirs or beneficiaries, of the Company, any travel agency or any legal entity in the travel agency business or acting on behalf of a travel agency cannot rely on these General Conditions to earn Points or their status in the Program for services offered by MyCompagnie at special prices or preferential rates granted to employees of airline companies or tourism professionals. Personal information

7 Personal information will be used by MyCompagnie for the proper functioning of the Program. Audit In order to ensure compliance with the rules of the Program, the Company reserves the right to, at any time and without notice to Members, audit all accounts in the Program. In the event of irregularities or breaches discovered by the audit, the processing of Points, the accumulation of Points or the account statement can be suspended by the Company until the Company considers that the said irregularities or breaches have been resolved. Pending such resolution, Members may be prohibited from transforming Points into airline tickets, accessing waiting rooms and using services or benefits associated with the Program, at the entire and sole discretion of the Company. The Company reserves the right to inform MyCompagnie security agents of any bad conduct by any Member or irregularities in the Member s account. Liability Unless stated otherwise, the Company cannot, under any circumstances, be liable for losses or damage resulting from the termination of or changes to the Program or the withdrawal of the Program by MyCompagnie. The Company will do what it can to inform the Member of any such changes or withdrawals as soon as possible. If the Company wrongly refuses to credit Points or any other benefit provided for in the Program to a Member, the liability of MyCompagnie will be limited to the value of the Points in question and the compensation granted will only be in the form of a re-crediting of Points. The laws applicable in certain countries may impose restrictions on the conditions governing memberships to the Program. Due to local laws and regulations, the Company may not be able to offer the Program or some parts of it in certain countries or to certain persons. The Company cannot be liable for its compliance with the said local laws and, consequently, it reserves the right to cancel the participation of a Member in the Program and cancel the Points accumulated by the said Member. The Member is liable for any claims by third parties, including tax authorities, associated with his participation in the Program. IV) Use of Points These General Conditions cancel and replace all previous documents.