These Terms and Conditions are effective on 16 November 2011 or such later date as notified on the Website (the “Effective Date”).
These Terms and Conditions set out the contractual relationship between Avios Group (AGL) Ltd and each individual Member of the Scheme. Additional terms and conditions may apply in relation to specific offers, products and services which are set out on the Website or will be provided by us or our Partners.
These Terms and Conditions contain some exclusions and limitations of liability (see in particular Section E.2). In addition, please note that if you have not earned or redeemed Points or purchased Points for 36 consecutive months, all Points that have accrued to that date, and your Membership, will expire (See Sections C.5.1 and B.6.1.1 below).
In these Terms and Conditions unless the context requires otherwise:
“Airline Partners” means airlines whose operated flights may, from time to time, be eligible for Points and Points may be used as part payment on an Airlines Partners flight;
“Data” means data personal to a Member;
“Event Beyond Your Control” means unusual and unforeseeable circumstances which you cannot control and the consequences of which you could not have avoided even if you had taken all reasonable care;
“Fraud” includes fraud, dishonesty and deceit and in particular:
- a) knowingly supplying incorrect information including at the time of booking to accrue Points;
- b) attempting to accrue Points for Sectors which have not been flown or are not eligible for Points;
- c) attempting to accrue Points for Sectors flown by any person other than the Member;
- d) using or attempting to use stolen or counterfeit tickets on Airline Partners' services;
- e) attempting to accrue Points more than once for the same Sector;
- f) attempting to accrue Points from Partners dishonestly;
- g) selling, bartering and/or purchasing Points including attempting to sell or transfer Points or flights where Points have been used by means of internet based sales or auctions unless otherwise permitted under these Terms and Conditions; or
- h) attempting to use Points dishonestly;
- i) knowingly benefiting from the Fraud or Misconduct of another Member or individual.
“Loss” means losses, costs, damages, injuries, accidents or claims (whether direct or indirect) suffered by Members in connection with the Scheme;
“Member” means the person who is a member of the Scheme and whose name is registered against the Membership Number;
“Membership” means membership of the Scheme;
“Membership Number” means the membership number allocated to a Member in accordance with these Terms and Conditions;
- a) failure to comply with these Terms and Conditions or the Terms and Conditions of an Airline Partner or Partner;
- b) attempting to obtain Points or Rewards by Fraud;
- c) misconduct on board Airline Partner's flight or while checking-in;
- d) misconduct whilst using any Partners facilities;
- e) misconduct in dealing with our staff or the staff of any Partner; or
- f) failure to comply with Airline Partner's General Conditions of Carriage for Passengers and Baggage and any other applicable rules and regulations.
“Partner(s) ” means any company selected by AGL to offer Points to Members;
“Point(s) ” means the credits earned by a Member under the Scheme and credited to a Member's account;
“Scheme” means the scheme operated by us pursuant to which members earn Points from Partners and spend them on Airline Partners flights;
“AGL”, “we”, “us” “our” means Avios Group (AGL) Ltd a limited company registered in England (registered number 2260073 and VAT number 512566754) whose registered address is Astral Towers, Betts Way, London Road, Crawley, West Sussex RH10 9XY; and
“Website” means the pages applicable to the Scheme available at www.avios.com or such other domain name as made available from time to time.
B.1.1. Individuals who are 18 years of age or over may apply for Membership.
B.1.2 We reserve the right not to enrol individuals with resident addresses in certain countries and/or regions or restrict transfers and changes of registered address. Such countries and/or regions are subject to change however reasonable advance notice will be given in circumstances where the removal of a country and/or region will affect the Membership of existing Members. Up to date information on countries and/or regions which are not open to membership is available online at avios.com.
B.1.3. Membership is not open to companies, partnerships, unincorporated associations or similar entities.
B.1.4 Membership is offered at our discretion and we may refuse Membership to any applicant.
B.2.1 To apply for Membership an individual must apply online at the Website or via a Partner. Membership applications must state the applicant's full name as stated on passport, date of birth, preferred mailing address, email address and telephone number for correspondence.
B.2.2 Multiple Membership is not permitted and each Member must maintain only one account. In the case of duplication of Membership, all Memberships (other than the first Membership approved by us) will be cancelled. Any duplicate Points will be cancelled.Membership Number
B.3.1 Applicants accepted as Members will be given a Membership number. Points can be collected by quoting your Membership number.
B.3.4 Members should add their Membership Number to all bookings at the time of booking, or prior to arriving at the airport.
B.4.1 Applicants will be admitted to Membership on the date they activate their account via the Website and Members agree to be bound by the Terms and Conditions (as amended from time to time) and the information on the Website.
B.4.2 Each Member must give us immediate written notice of any changes of name, preferred mailing address or email address and, if requested by us, written proof of any such changes.
B.4.3 Correspondence will be sent to the Member's last preferred e-mail address provided on application.
B.4.7 Risk (for example, theft or unauthorised or fraudulent redemption) associated with Points passes to the Member as soon as Points are recorded on the Member's account, or otherwise awarded to the Member. We may request an Airline Partner to cancel any bookings where we reasonably believe that Points have been used which are unauthorised or fraudulent. We are not liable for unauthorised or fraudulent redemptions arising due to the actions of the Member or the failure by the Member to adhere to these Terms and Conditions. You are the holder of Points and are responsible for their security. We are the owner of all Points and they remain our property at all times. To reduce the risk of someone else spending Points in your account, treat your account number like a credit-card number.
B.4.8 It is your responsibility to keep secure any information that might identify you and allow access to your Membership. Unfortunately, you cannot hold us responsible if a person is able to spend Points in your account as a result of you not taking appropriate care of your Membership details. If you lose or accidentally reveal your Membership Number or password details, you should contact us immediately.
B.4.9 We reserve the right to audit a Member’s account and records without notice to the Member to check for compliance with these Terms and Conditions, any Partner’s terms and conditions and any other applicable rules, regulations or terms and conditions.
Termination of Membership
Membership will terminate automatically:
B.5.1.1 in the event of the expiry of all Points in accordance with Section C.5.1 when a Member has not earned or redeemed or purchased for 36 consecutive months; or
B.5.1.2 upon the death of a Member, Points accumulated but unused at the time of death shall be cancelled together with Membership of the Scheme; or
B.5.1.3 if we reasonably believe that you have committed an act of Fraud or Misconduct against us or any Partner. The Member shall be liable to us and/or any Partners for the full price of any travel undertaken where Points have been used, wholly or partly as a result of such Fraud and/or Misconduct, in accordance with the published fare/price applicable to such travel together with any reasonable costs, including legal fees, incurred by us.
B.5.2 Members may terminate their Membership by contacting us stating that they no longer wish to be a Member and (if applicable) enclosing their Card cut in half. Any such termination will result in a loss of all Points and does not relieve the Member of any continuing obligations under these Terms and Conditions.
B.5.3 In the case of Fraud and/or Misconduct, we may cancel all accrued and accruing Points of the Member and any flights where Points have been used.
B.5.4 In the event of the termination of Membership an individual may be required to return any co-branded cards provided by a Partner to the card issuer. In the event an individual continues to hold a co-branded card they will not be entitled to receive any Points.
Termination of the Scheme
B.6.1 We may terminate a Member's right to earn or redeem Points or terminate the Scheme.
B.6.2 We will give reasonable notice of such termination of the Scheme or a Member's right to earn or redeem Points issued by us.
Changes to the Scheme
B.6.1 We can change the Scheme, the Points, the Partners and the way you may use your Points.. We will give you reasonable notice but this could depend on the nature of the change and the notice that we may receive from our Partners.
B.6.2 Examples of the action, which we might take under Section B.8.1, include modifying or withdrawing the right to earn Points or amending the number of Points you can use when booking an Airline Partners flight.
B.6.3 Members shall be deemed to have agreed to any modifications, withdrawal or amendment to the Scheme pursuant to Section B.8.1 and B.8.4 if, after we have notified you of the changes, you continue to participate in the Scheme. Members who do not wish to accept changes to the Scheme may terminate their Membership in the manner described in Section B.6.2.
B.6.4 We may, at any time, amend the time limit on how long you have to spend any Points. We will give you reasonable notice.
B.6.5 We have the right to change these Terms and Conditions. We will always give you reasonable notice. Please refer to the Website for the latest copy of these Terms and Conditions.
C.1.1 We will record Points in the Member's personal account. Points cannot be redeemed until we have recorded it in the Member's personal account.
C.1.2 Further details of how Points are earned and the applicable earn rates are contained on the Website and/or the information provided by the relevant Partner.
C.1.3 When Partners tell us to add or take Points to, or from, your account, or we will adjust your account balance in line with this. If the information the Partner gives is not accurate, you may have to contact them directly. We will correct any mistakes that we make on your account. We recommend that you keep records of your Points transactions so you can check that your account is accurate.
C.1.4 In cases of dispute about entitlement to Points, we may require proof of a transaction with the relevant Partner. Claims must be lodged in accordance with the Partner’s terms and conditions.
C.1.5 Points may not be earned under the Scheme if points (or equivalent) have also been earned under any other loyalty type schemes for the same activity. In the event we grant any Points in such circumstances we reserve the right to cancel the Points without notice to you.
C.1.6 Members may be entitled to receive benefits and Points from Partners provided they quote their Membership number when making a booking. In some cases a Member may be required to enrol in the loyalty programme of a Partner and convert the Partner's loyalty credits into Points at the Member's option. Where a Member must elect whether to earn Points or the Partner's loyalty credits the Member will not be permitted to re-elect at a later date.
Earning Points – Flight activity
C.2.1 Points can only be earned for travel on eligible Sectors in eligible booking classes on eligible flights of selected Airline Partners. Details of applicable eligible Airline Partners are available on our Website.
C.2.2 The award of Points will be subject to the relevant Airline Partners Terms and Conditions which can be found on their website.
C.4.1 Except as otherwise provided by us and communicated to the Member and subject to any stated limitations, Points are not transferable in any way (whether from person to person, account to account, statement to statement, card to card, Scheme to any other loyalty type scheme or otherwise).
C.4.2 Any purported purchase, sale, transfer, unauthorised use (including bartering), procurement or redemption of Points issued or awarded to another person or any other use of Points contrary to these Terms and Conditions will, unless explicitly authorised, constitute a fundamental breach by the Member of these Terms and Conditions
C.4.3 Each Member acknowledges that a breach pursuant to Section C.4.2 above may also constitute an inducement to breach the contract between AGL and the Member, intentional damage to the business of AGL, conspiracy and criminal offences under applicable local or national law. Any breach pursuant to Section C.4.2 will constitute Fraud and/or Misconduct and will be dealt with in accordance with Section B.6.1.3.
C.4.4 Other than as provided for herein Points are not redeemable for cash or anything else and may be confiscated in such circumstances. At no time may Points be purchased by, sold to, bartered or otherwise transferred to other persons.
C.5.1 If a Member has not earned or redeemed Points or purchased or transferred Points for 36 consecutive months, all Points that have accrued to that date will expire.
Variation of currency
C.6.1 We may, from time to time, change the currency or the name of the currency used by us either in whole or in relation to any country or region. We will provide reasonable notice to Members of any such change.
Making a Booking
E.2.5 We are not liable for the acts and failures of any Airline Partner E.2.7 We are not liable for any failures due to unusual and unexpected circumstances beyond our control, the consequences of which could not have been avoided even if we had taken all necessary care (for example, industrial disputes, hostilities, political unrest or natural disasters).
E.3.1 We make no representations as to any income, use, excise or other tax liability of Members as a result of their Membership. Such a tax liability may arise, for example, if a Member obtains Points as a result of business expenditure. Members are advised to check with their accountant or tax adviser for further information.
E.3.2 The Member is solely responsible for any tax liability incurred as a result of Membership.
E.4.1 To the extent permissible by local law or regulation these Terms and Conditions shall be governed by and construed in accordance with English law. AGL and each Member submits to the non-exclusive jurisdiction of the English courts to resolve any disputes that may arise out of them.
E.4.2 Any provision of these Terms and Conditions declared void or unenforceable by any competent authority or court shall, to the extent of such invalidity or unenforceability, be deemed severable and shall not affect the other provisions remaining which shall continue unaffected.
E.4.3 If there is any conflict in meaning between the English language version of these Terms and Conditions and any version or translation of these Terms and Conditions in any other language, the English language version shall prevail.
F.1.1 Members can use their Points to pay for part of the total price of selected Airline Partners flight bookings made on the Airline Partners website.
F.1.2 Bookings made with this payment option will be subject to the standard fare rules associated with the fare purchased.
F.1.3 Points can be used to pay for bookings made on the Airline Partners website. Points cannot be used to pay for flights booked through a travel agent.
F.1.4 This payment option is only available on selected Airlines Partner flights. The entire booking must be eligible for Points part-payment for it to be applied to the booking.
F.1.5 The Points payment rates are defined in a fixed set of currencies. If more than one Points payment option is available, it is not possible to change the price option chosen once a booking has been made.
F.1.6 The Points payable will depend on the cabin class, route selected, and will be clearly displayed on the booking page.
F.1.7 The Airline Partner reserves the right to alter the applicable Points payment rates at any time (but this will not apply to bookings already made before change).
F.1.8 When a Member makes a booking using Points, the Member must make the relevant payment for the ticket. The Points will be debited from the Members account, for each passenger on the booking.
F.1.9 The Points to be accrued by Member on any booking made using Points part-payment will be clearly displayed on the booking page. The Points to be accrued by each Member on the booking will be in line with commercial fare rules.
F.1.10 When Points have been used as part payment, the Points will be refundable only where the fare is refundable. Partial refunds of fare and surcharges will be credited to your account up to the value of the original part payment, with any remainder credited to your original method of payment together with government taxes.
F.1.11 Points part-payment may not be used in conjunction with any other promotional offers, unless expressly stated otherwise.
This Web site is owned and operated by Avios Group (AGL) Ltd, whose registered office is at Astral Towers, Betts Way, London Road, Crawley, West Sussex RH10 9XY. Please read these terms and conditions carefully before using this Web site. Your use of this website indicates your agreement to be bound by these Terms and Conditions.
G.1.1. These terms and conditions apply only to the use of the Website. The offers detailed on our Website, are not legally binding offers but are simply an invitation to treat. This means that a binding Contract will only be made in accordance with the Avios Terms and Conditions
G.2.1 Where you use any bulletin board or other communication forum attached to this Website including social media sites you agree that you will not post, publish, or distribute information of a defamatory or unlawful nature or allow others to do so.Where we provide you with our customers' or other personal recommendations for goods and services such as coffee shops or a restaurant we are not responsible for the accuracy of any such descriptions or recommendations nor for such goods or services.
Limitation of Liability
G.3.1 In no event will we be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of access to, or the use of this website or any information contained in it, including loss of profit and the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages.
Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury caused by negligence for fraudulent misrepresentation.
Links to other websites
G.4.1 Where we provide links to websites operated by anyone other than us we are not responsible for the control of, or the material on such sites. Consequently by providing a link to other websites for your reference we are not endorsing the material on such sites nor the owner or managers of such website.
Combine my Avios (“CMA”) allows you to redeem Avios held under one of the Iberia Plus, British Airways Executive Club or Avios Schemes (the “Programmes”) and to be issued with an equivalent number of Avios under one of the other Programmes.
CMA is hosted by Avios Group (AGL) Limited
H.1.1 Once Avios have been transferred to a Programme they are subject to the Terms and Conditions of that Programmes as applicable at the date of transfer. In the event of any dispute as to the entitlement to the Avios Points originally issued to a Member the Terms and Conditions of the Scheme under which Avios Points were issued shall apply.
H.1.2 A Member may only move Avios between accounts under the following conditions: The Member must be 18 years or over, have an active account and not be under audit.The accounts must be registered to the same individual under each of the Programmes.Members must ensure both Programmes are holding accurate and up to date Member details including a valid date of birth and email address to assist with validation. For example, in the event of a change of name use of CMA will be refused until both Programmes have received proof of the change.
H.1.3 Members of a Household Account under the Programmes may not use CMA other than (a) from a British Airways Executive Club Household Account to an individual account under the Avios Programme or the Iberia Plus Programme and (b) from the individual account under the Avios Programme to a Household Account under the British Airways Executive Programme. Any other Household account transaction will not be permitted under CMA.
H.1.4 Avios can be moved between Programmes using CMA online or if this service is unavailable by calling your local customer service centre. In order to move Avios using CMA, you will be required to answer security questions in relation to your Membership of each Programme. Should you not satisfy the authentication checks we reserve the right to deny access to the CMA facility.
H.1.5 By using CMA you authorise that your Personal Data will be passed between the Programmes and the companies operating the Programmes in order to fulfil and track the transaction and in relation to any need to subsequently audit the transaction. The policy on data protection of each Programme is available in the relevant Terms and Conditions.
H.1.6 Only the Member may request to transfer Avios using CMA. Members should not share Membership numbers and passwords in order to allow an unauthorised third party to use CMA. We cannot be held responsible for any fraudulent use of Avios in the event of the Member allowing a third party access to his or her account
H.1.7 There is no limit to the number of Avios that a Member may move.
H.1.8 CMA can not be used to transfer to or from the Iberia Plus Programme within 90 days of joining the Iberia Plus Programme.
H.1.9 Avios Points transferred using CMA cannot be used by members of the Avios Scheme for bookings where taxes, fees and charges are included in the Avios Points booking price.
H.1.10 Avios moved using CMA will usually be shown against the specified account immediately and will usually be available for use immediately. However occasionally the transaction may take longer to show and until shown the Avios will not be available for use. You will receive an email from each Programme to the registered email address to confirm you have initiated the transfer of your Avios from one Programme to another Programme.
H.1.11 Moving Avios using CMA will not count as earning or redeeming Avios and will not prevent the expiry of your Avios balance under the Programmes Terms and Conditions.
H.1.12 We reserve the right to stop, suspend or limit CMA at any time without notice. We may refuse to allow use of CMA by any Member in relation to any or all transactions at our discretion.
H.1.13 We reserve the right to change the CMA Terms and Conditions at any time without notice.