Scheme Terms and Conditions
Scheme Terms and Conditions
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).
Part A – Definitions
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 or Rewards;
"BA" or "British Airways" means British Airways Plc;
"Card" means, where issued, a Membership card;
"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;
"Flight Plus" means a booking protected by our ATOL licence when you book a flight out of the UK or an inbound flight where the outbound trip from the UK was not by air, and hotel (or other) accommodation and/or car hire, both outside the UK and supplied under the same contract or in connection with the flight. The various elements must be requested by a consumer either the day before, on the same day, or the day after the flight was requested. The time period relates to a calendar day rather than 24 hours.
"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 British Airways' or 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 or Rewards including attempting to sell or transfer Points or Rewards by means of internet based sales or auctions unless otherwise permitted under these Terms and Conditions; or
- h) attempting to use Points or obtain Rewards dishonestly;
- i) knowingly benefiting from the Fraud or Misconduct of another Member or individual.
"Household Account" means the account established by us which enables members of a household, including a maximum of six persons, to earn Points and redeem all or part of such Points for Rewards;
"Loss" means losses, costs, damages, injuries, accidents or claims (whether direct or indirect) suffered by Members in connection with the provision of Rewards;
"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 a British Airways' or 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 British Airways' or other Airline Partner's General Conditions of Carriage for Passengers and Baggage and any other applicable rules and regulations.
“Package” – means a pre-booked combination of at least two travel-related products (for example, transport, accommodation or another tourist service such as a sightseeing tour) as defined in the Package Travel Regulations and set out below.
“…. the pre-arranged combination of at least two of the following components when sold or offered for sale at an inclusive price and when the service covers a period of more than twenty-four hours or includes overnight accommodation:transport;accommodation;other tourist services not ancillary to transport or accommodation and Accounting for a significant proportion of the package, and the submission of separate Accounts for different components shall not cause the arrangements to be other than a package;
the fact that a combination is arranged at the request of the consumer and in accordance with his specific instructions (whether modified or not) shall not of itself cause it to be treated as other than pre-arranged.”
“Package Travel Regulations” means the Package Travel, Package Holidays and Package Tours Regulations 1992 (SI 1992 number 3288), as amended;
"Partner(s)" means any company selected by AGL to offer Points or Rewards to Members;
“Payment” means payment either by Points, debit card, credit card or charge card in line with the terms of the relevant offer. We do not accept payments by cheque;
"Point(s)" means the credits earned by a Member under the Scheme and credited to a Member's account;
“Reward(s)” means any flight ticket issued (including ticket upgrades where offered) or other goods or services supplied, by or on behalf of us, upon redemption by a Member of an appropriate number of Points or, where permitted, a combination of cash and Points;
“Scheme” – means the scheme operated by us pursuant to which members earn Points from Partners and spend them on Rewards;
"Sector" means a single eligible flight sector between two destinations;
“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.
Part B – Membership of the Scheme
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. To be eligible to collect Points under the Scheme you must provide an address in the UK, Isle of Man or the Channel Islands.
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, through Our service centre or 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.
B.3.1 Applicants accepted as Members will be given a Membership number and may be provided with a Card upon earning a set level of Points. Points can be collected without your Card by quoting your Membership number.
B.3.2. Only the Member named on the Card may use it or quote the Membership number. Cards are not transferable in any circumstances.
B.3.3. The Card is not a credit card. It remains our property and must be returned or destroyed as requested by us. You agree to present your Card if requested to do so in relation to the collection of Points or use of Rewards.
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 or preferred mailing address and, if requested by us, written proof of any such changes. Certain changes can also be made online by visiting the Website.
B.4.3. Correspondence will be sent to the Member's last preferred mailing address and/or the e-mail address provided on application.
B.4.4We will not be responsible for late, lost or misdirected mail.
B.4.5 Correspondence from Members should be sent to Avios Customer Services Department, Pacific House, 210 Birchwood Boulevard, Birchwood, Warrington WA3 7WE (the “Service Centre”).
B.4.6 A Member may nominate another individual to act on their behalf in relation to their Membership. Nominations must be made in accordance with the relevant procedure details of which are available online at the Website or by contacting the Service Centre. The Member is responsible for the actions of the nominated individual. The Member is responsible for ensuring any nomination is updated as necessary.
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 cancel any bookings or Rewards we reasonably believe to be 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 or lose your Membership Card, 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.
B.5.1 Members can apply for a Household Account by completing the application process available online at the Website. Separate terms and conditions are available for Household Accounts at the Website. Each Member under a Household Account will be bound by these Terms and Conditions and all other applicable terms and conditions.
Termination of Membership
B.6.1Membership will terminate automatically:
- B.6.1.1. 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.6.1.2 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.6.1.3 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 on Reward tickets, 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.6.2 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.6.3. In the case of Fraud and/or Misconduct, we may cancel all accrued and accruing Points of the Member and any Rewards.
B.6.4. In the event of the termination of Membership the Card (if applicable) must be returned to us. Furthermore 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.7.1 We may terminate a Member's right to earn or redeem Points or terminate the Scheme.
B.7.2 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.8.1. We can change the Scheme, the Points, the Partners and the Rewards we provide.. 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.8.2 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 required to purchase a particular Reward.
B.8.3 Members shall be deemed to have agreed to any modifications, withdrawal, amendment or addition to Rewards or 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.8.4 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.8.5 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.
Part C – COLLECTING POINTS
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 when you spend Points on a Reward we provide, 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 and currently applicable booking classes on each of those Airline Partners will be available at the time of booking.
C.2.2 Points will be earned according to the class of travel booked, paid for, and ticketed, not the class of travel actually flown. The Member must, except as mentioned below, actual travel on the Sector to qualify for Points.
C.2.3 Points can only be accumulated once per flight per Member, regardless of the number of seats purchased. Points will be credited only to the Member who has travelled on the flight on the relevant Sector and not to any third party.
C.2.4 We may, from time to time, determine the criteria for earning Points, which may include:
- C.2.4.1 the identity of the airline (that is any of the Airline Partners);
- C.2.4.2 eligible Sectors;
- C.2.4.3 eligible regions;
- C.2.4.4 eligible cabin classes; and
- C.2.4.5 eligible booking classes.
C.2.5 Agency discount tickets, industry discount tickets and airline employee discount tickets are not eligible for Points. Travel taken on Rewards and other non-cash bookings are not eligible to accrue further Points. Infant fares are not eligible for Points.
C.2.6 Where a Member is involuntarily re-routed by an Airline Partner onto another carrier, and the original flight on which the Member was booked would have qualified for Points, the Member may still claim such Points by writing to us or issuing a missing Points claim online on the Website. We will endeavour to credit the Member's account with the appropriate Points however it may be necessary for details of the Member's itinerary, including the retained segment of the boarding pass and passenger receipts to be sent to us in order to claim any Points credit.
C.2.7 Points in relation to any flight will be tracked and credited to only one account.
C.2.8 Points for Airline Partner flights which are not tracked automatically at the time of travel may be credited later at our discretion. Members may claim Points after completion of their travel either online at the Website or, if required by submitting the retained segment of the boarding pass and passenger receipts provided that the Member was a Member of the Scheme at the time of travel and the claim is made, within 6 months of the date of travel or the relevant transaction. New Members of the Scheme may make a claim for travel prior to joining the Scheme provided it is claimed within 3 months of travel of the relevant transaction and that points (or equivalent) have not also been earned under any other loyalty type schemes for that activity.
C.2.9 In cases of dispute about entitlement to Points, we may require proof of travel on the relevant Sector including the retained segment of the boarding pass and passenger receipts for the Sector claimed to have been flown. Claims must be lodged within 6 months of the date of travel or 3 months if you are a new Member.
C.2.10 Points credited for a Member's travel on Airline Partners shall be based on the individual airlines and where the Member's travel begins and ends. For travel on connecting flights, Points will be credited as the total of the separate Sectors of the trip, but on direct or through flights with one or more intermediate stops, Points will be credited for the ticketed point of origin to destination of travel.
C.2.11 A Member must give his/her Membership Number to the reservations agent/travel agent each time a booking is made for travel on Airline Partners. Failure to give complete information may result in earned Points not being credited to the Member's account.
C.2.12 Points are shown on the Member’s account 5-6 weeks after the departure date of the booking. If your booking is cancelled no Points will be awarded.
C.2.13 Points will be awarded per booking, and only paid into the account of the Member who made the booking and is the lead passenger. Additional passengers on the booking may claim Points by including their Membership number in the booking.
C.3.1The terms and conditions for Purchase Points and Gift Points can be found at the 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 and the terms and conditions relating to Purchase Points and Gift Points and therefore the contract between us.
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 Rewards are not redeemable for cash, refundable or exchangeable for any other tickets or anything else and may be confiscated in such circumstances. At no time may Rewards 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.
C.5.2 All Paper “Airmiles” vouchers expire on 30 November 2011.
Variation of currency
C.6.1We 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.
Part D – USING REWARDS – MAKING, CHANGING AND CANCELLING BOOKINGS
Making a Booking
D.1.1 Requests and bookings relating to Rewards (including Partner provided Rewards) may be made online at the Website or through the Service Centre in accordance with such procedures that may be in force from time to time for the issue of Rewards, as set out on the Website. Reward bookings can only be requested by the Member who holds the account or an individual nominated in accordance with Section B.4.6.
D.1.2 From time to time, we may offer special promotional rates for Reward bookings and such accruals and/or bookings will be subject to the terms and conditions as published with each offer and which take precedence over these Terms and Conditions. Unless otherwise permitted by us, Rewards (including those special promotional Rewards) may not be used in conjunction with other Rewards, promotions, coupons, discounts or special offers.
D.1.3 Infants (less than 2 years of age) travelling with a Member on a Reward flight will travel for 10% of the Points required for the Member's flight if they do not have their own seat. Children (2 years of age or older) and infants who require their own seat will be "charged" the full Points for the relevant destination and applicable taxes, fees and charges as set out in Section D.1.12.
D.1.4 Bookings for Reward travel must be made no later than 10 days prior to the intended time of departure where a paper ticket is issued and no later than 24 hours prior to the intended day of departure where an e-ticket is issued. Bookings which do not comply with these requirements may be subject to a charge as specified at the time of booking.
D.1.5 E-tickets in respect of Reward travel will be issued for travel on all routes where possible.
D.1.6 One way tickets can be issued as a Reward on Airline Partner flights at 50% of the Points required for a return journey to the same destination and subject to the applicable taxes, fees and charges as set out in Section D.1.12. Open tickets cannot be issued as Rewards.
D.1.7 There are no charges for stopovers included in a Reward itinerary,where stopovers are at connecting points on the most direct route between origin and destination.
D.1.8. For return journeys, outbound and return flights must be booked at the same time. Travel to one destination from a point of origin and returning from another city to the same point of origin (or vice versa) is permitted subject to the rules of the fare.
D.1.9 Reward bookings are subject to availability and cannot be waitlisted. Reward bookings may be made up to 355 days prior to departure. The total number of seats available for Reward bookings will vary from route to route and from week to week depending on commercial demand. Availability can change throughout the year. Reward bookings on Airline Partners are subject to the availability determined by the Airline Partner. Members are advised to make Reward bookings well in advance of the date of travel however we cannot guarantee that a Member will be able to make a Reward booking on any specific flight regardless of the time of booking.
D.1.10 Rewards for travel will only be issued to and from destinations served by Airline Partners designated at the time the ticket is issued and also at the time the ticket is used. The most direct routing must be taken.
D.1.11 Rewards are based on round trip travel between origin and destination using the most direct route possible. Rewards may be for more than one flight sector. On one occasion only per booking may a flight sector commence at a different point from the end of the preceding flight sector. It is possible to combine flights on Airline Partners to make a round trip journey of up to a maximum of 8 sectors.
D.1.12 Except to the extent expressly stated otherwise on the Website or notified in relation to your booking, Members will be liable for all taxes fees and other charges associated with Reward travel on Airline Partners, including without limitation, airport departure tax, customs fines, immigration fees, airport charges, customer user fees, fuel surcharges, agricultural inspection fees, security and insurance surcharges or other incidental fees or taxes charged by any person or relevant authority or body. If required to do so, we will provide any relevant fiscal authorities with full details of any persons in receipt of Rewards. Any liabilities that arise as a result of the submission of these details, or from a direct notification by a Member, shall be the personal liability of the Member concerned and shall not be borne or paid by us.
D.1.13 Taxes and/or charges change constantly and can be put in place or altered after we have issued your ticket. If they change or if a new tax, fee, charge or security charge is put in place after we have issued your ticket, unless you have booked a Package, you will have to pay any increase. Similarly, if any taxes and/or charges you pay us when we issue your ticket are then abolished or reduced, you will be entitled to claim a refund from us. If you have booked a package, Section D.2.2 will apply.
D.1.14 Reward tickets are subject to IATA fare construction rules. Travel itineraries for Reward bookings may start and end at different airports within the same country, or in different countries, provided the two airports are in the same zone. Outbound journeys may terminate at a different airport to the airport where the return journey starts provided the two airports are within the same zone. Rewards for travel on British Airways flights are subject to the General Conditions of Carriage for Passengers and Baggage. Rewards for travel on Airline Partner flights are subject to the relevant terms and conditions of the Airline Partner.
D.1.15 All Reward travel must be completed within 12 months of the original date of ticket issue.
D.1.16 If you make a booking via our service centre which could have been booked online on the Website a per person fee as specified on the Website will be charged. Details can be found at the Website.
D.1.17 For security reasons we will send the confirmation for your booking to the account holder’s address/email address in the lead passenger’s name. This also applies if you make a booking as a surprise for the account holder.
D.1.18 If you ask for a service that is not part of any offer (for example, a sea view in a hotel room), we will ask for the service on your behalf but we cannot guarantee that the Partner will meet your request. If the Partner is able to confirm your request, you may have to pay an extra charge. If the Partner is unable to confirm your request all other booking components will be subject to the applicable terms and conditions.
D.1.19 If you get a verbal quote for a price before you make a booking, we cannot guarantee you will get that price, and the price may change at any time and is subject to availability up until the booking is confirmed.
D.1.20 Extra terms (such as airline conditions of carriage or special conditions, which we can provide or explain to you at the time you book) may apply to any Rewards you book. Those terms may contain important information relating to your travel arrangements, which might affect your ability to alter your arrangements or to claim compensation or a refund. It is your responsibility to make a note of these and to ask for more details at the time you book if necessary. If you would like to receive a copy of any Airline Partners’ or Partners’ terms and conditions, please ask one of our customer service agents.
D.1.21 If you make a booking with us, you are personally responsible for paying for it in full. You should make sure that you can make Payments and that you are authorised to use the payment card presented before you make a booking.
D.1.22 Unless any invoice or terms say otherwise, you must pay in full at the time you book. If you are using Points from more than one Members’ account, you must make sure that the other Member contacts us within 24 hours to allow us to take the Points from their account. If this has not been done, we may have to cancel your booking.
D.1.23 All prices quoted (whether verbally or in writing) are for each person, unless we say otherwise.
D.1.24 Please be aware of any expiry dates, which are printed on the front of the Reward vouchers such as UK attraction vouchers. You cannot use Reward vouchers after the expiry dates. We cannot refund Reward vouchers if you do not use them or if they are lost, damaged or stolen.
D.1.25 If you have booked a Package, occasionally after your booking has been confirmed the price may go up or down. These costs include but are not limited to transport costs incurred by the supplier, the cost of fuel, taxes or fees for services such as landing taxes or embarkation (boarding the plane) or disembarkation (leaving the plane) fees at airports or changes in exchange rates. If such price increase is less than 2% of the price that you have paid for the package and occurs within 30 days of departure we will not make any extra charge to you. For charges greater than 2%, we will pay the first 2% however you will be required to pay the remaining charge. If the price of your holiday goes down you are entitled to a refund.
D.1.26 If we have to make a significant increase in price, you are entitled to take a substitute package (of the same or a better quality, or a lower quality if one is available) and to receive a refund of the difference in price or cancel your booking and receive a full refund. You may also be entitled to compensation.
D.1.27 We hold an ATOL licence number 4562. When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists the flight, accommodation, car hire and/or other services that are financially protected, where you can get information on what this means for you and who to contact if things go wrong.
We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought (At no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
Your Avios are not protected under the ATOL scheme so will not be shown on your ATOL Certificate.
For further information visit the ATOL website at www.atol.org.uk.
Third Party Tour Operator Packages
D.2.1 Any booking you make with us for another tour operator’s package (which is agreed in line with these Terms and Conditions) will be a legal agreement between you and the tour operator, carrier or hotel. We act as an agent only and will not be responsible for providing your holiday. The tour operator’s, carrier’s or hotel’s terms and conditions will apply to all bookings you make. You must agree to those terms and conditions before you make a booking.
D.2.2 Age restrictions depend on the tour operator.
D.2.3 When you book, you may want to make a special request on your booking (for example, if you would like a particular view, a non-smoking room or a room with a bath). We will give these requests to the tour operator, carrier or hotel for you. However, please bear in mind that these may not be available from the tour operators, carriers or hotels unless your tour operator confirms in writing that these are available. There may be an additional charge for such requests.
D.2.4 Unless otherwise stated when you make your booking, we will ask you to pay a deposit. The due date of the final balance of your holiday will be advised to you at the time of booking – for your convenience we will automatically debit the credit or debit card used when you made your booking. If you fail to make full payment on the date your balance is due, we will cancel your booking and you will have to pay the cancellation charges, in line with the supplier’s terms and conditions.
D.2.5 We normally send you your travel documents 10 days before your date of departure. If you do not receive your travel documents 7 days before you travel, please phone us on 0844 49 333 49. If you have booked close to the departure date, often we cannot send you your travel documents by post in time. Instead, you can collect them from the appropriate tour operator’s ticket desk at the airport. You may have to pay a charge for collecting your travel documents depending on the tour operator. We will tell you whether this applies at the time you book. You will need the tour operator’s booking reference, which will be on your written confirmation.
D.2.6 We are a Member of ABTA. ABTA and ABTA Members help holidaymakers to get the most from their travel and assist when things don’t go according to plan. We are obliged to maintain a high standard of service to you by ABTA's Code of Conduct. Many of the travel arrangements that we sell are protected in case of the financial failure of the travel company. Please ask us about the protection that applies to your booking. For more information on ABTA, the Code of Conduct and the arbitration scheme available to you if you have a complaint, contact ABTA, 30 Park Street, London SE1 9EQ, tel 020 3117 0500 www.abta.com
If you wish to Change your booking
D.3.1 Changes to bookings for Reward travel on flights operated by Airline Partners are permitted via our Customer Services Department only in respect of date, time, class and service. Such changes may only be made by the Member or an individual nominated in accordance with Section B.4.6. If more than one price option is available for a flight, it is not possible to change the price option chosen by a Member after a booking has been made. All permitted changes are subject to capacity limitations and may not be made after the time 24 hours prior to the scheduled departure of the first flight in the Reward travel itinerary. Unless otherwise stated a per person fee of £25 will be payable for each permitted change. For the avoidance of doubt, name changes are not permitted.
D.3.2 The route applicable to a Reward travel booking may be changed provided that the new route selected would, as at the date the change is requested, require the redemption of the same amount of Points and/or cash as was redeemed in making the original booking. Route changes are only permitted for Reward travel bookings which (other than for the payment of taxes, fees and charges) are purchased using Points only.
D.3.3 Unless otherwise stated if you have a standalone hotel, car hire or ancillary booking a per product fee of £25 for each change made will be charged in addition to any fees levied by the Partner. Such fees are stated on the Website and will be notified to you at the time of making your booking. Changes are not permitted inside 72 hours of travelling.
D.3.4 If you wish to change your Eurostar booking a per product fee of £25 will be charged for each change made in addition to the Eurostar fees.
If you wish to change a third Party Tour Operator Booking
D.4.1We will deal with requests to change a booking in line with the tour operator’s, or supplier’s, terms and conditions. We cannot guarantee that we can change your booking. Any passenger named on the booking may request amendments but only the lead passenger may cancel a booking. If we can change your booking, you will normally have to pay a charge to the tour operator in addition to a per product charge payable to us as indicated on the Website.
If you wish to cancel your booking
D.5.1 Unless otherwise stated a per person fee of £25 will be charged if bookings for Reward travel on Airline Partners are cancelled by the Member prior to departure. Provided a cancellation is made more than 24 hours prior to the scheduled departure of the first flight in the Reward itinerary the Points charged for the Reward will be re-credited to the Member's account.
D.5.2 If flight bookings for Reward travel are cancelled by the Member within 24 hours of departure, Points in respect of the Reward will not be re-credited to the Member. In the event you are prevented from travelling by an Event Beyond Your Control we will refund your Points provided you have an unused Reward, have informed us promptly and provided evidence of the Event Beyond Your Control and paid the applicable £25 per person fee.
D.5.3 Failure to utilise a Reward flight i.e. "no show", will result in the airline's cancellation of any onward or return reservations and Points cannot be re-credited.
D.5.4 Unless specified otherwise if you cancel your hotel, car-hire or ancillary booking we will charge you a per product fee of £25 in addition to the fees set out below,
|Period Before your departure date||Percentage of refund|
|15 or more days||100% refund|
|14 to 8 days||75% refund|
|7 to 4 days||50% refund|
|Up to 3 days||0% refund|
D.5.5 A per product fee of £25 will be charged in addition to any fees levied by a Partner for any cancellations. on any non Airline Partner booking.
D.5.6 If you book a special offer Package (for example, a flight and hotel), the cancellation terms and conditions may be different to those given above. Due to the discounts offered on these Packages, the refund may be lower depending on the supplier, the amount of the discount and the date you cancel your booking. We will tell you whether you are booking a special offer package when you make your booking.
If you wish to cancel your Third Party Tour Operator Booking
D.6.1 Once you have booked a tour operator package, you can cancel it as long as you pay a cancellation charge. These charges are set by the tour operators in line with their booking conditions, which govern the contract. You will also be charged a per product fee of £25. Most cancellation charges are based on a sliding scale, with a percentage of the holiday cost paid in cancellation fees. This scale rises the closer to the date of departure the holiday is cancelled. If you want to cancel, you must do so in writing to:
AVIOS Customer Service Department
210 Birchwood Boulevard
Warrington WA3 7WE.
Fax: 0870 607 3750
D.6.2 This must be done as soon as possible by the person in whose name the booking was made. When doing so, please quote your holiday reference number, name and departure date. Any cancellation charges may be covered by any travel insurance you may have bought – please check your policy for more information.
If we change or cancel your booking
D.7.1 We do not intend to change or cancel any of your travel arrangements once we have accepted your booking. However, from time to time it may be necessary and we reserve the right to do so. If a Partner changes your booking (for example, the flight schedule changes), we will deal with it in line with their terms and conditions.
D.7.2 If you have booked a Package and we or a Partner make a significant change to or cancel your package, we will try to provide you with another Package of the same or better quality at no extra cost to you, or another Package of a lower quality. You may claim back the difference in cost or cancel your booking and we will provide you with a full refund. You may also be entitled to compensation unless a cancellation arises because of unusual and unexpected circumstances beyond our control, the consequences of which could not have been avoided even if we had taken all reasonable care (for example, industrial disputes, hostilities, political unrest or natural disasters), or unless you fail to pay any amounts you owe.
Part E – GENERAL
Passports, Visas, other travel documentation and Insurance
E.1.1 It is the Member's responsibility to ensure that they and everyone with whom they are travelling or any third party in whose name a Reward has been issued:
- have checked the relevant entry requirements for any country being visited; and
- have the correct passports, visas, health certificates and other travel documents needed for the journey.
E.1.2 Members, travel companions or third parties in whose name a Reward has been issued may be denied boarding if their documents are not in order. We shall not be liable for any Loss suffered by a Member and/or traveller as a result of their failure to arrange the above.
E.1.3 It is recommended that all members of your group have adequate travel insurance to cover your trip.
E.2.1 We will not be liable for any Loss resulting from alteration to, or termination of, the Scheme or the right to earn or redeem Points, except for Loss caused by our own negligence or wilful misconduct.
E.2.2 If we sell you a Partner’s product that does not form part of a Package, we will only be liable to you for our own negligence if we do not meet our responsibilities to you. Our total liability in all cases (other than for death or personal injury) will be limited to twice the cost of your travel arrangements and will not include:
- losses that we or you would not have expected when the contract was formed;
- losses that were not caused by us breaking the contract; and
- business losses.
E.2.3 If you buy one of our Packages, we will be liable for damage caused as a result of either us or our suppliers not following the contract. Our total liability in all cases (other than for death or personal injury) will be limited to twice the cost of your travel arrangements and will not include:
- any losses that we or you could not have expected when the contract was formed; and
- business losses
E.2.4 In the case of travelling by air, sea or rail, and providing accommodation, our liability may be limited by the way provided in the relevant international convention (for example, the Warsaw Convention which limits the liability of airlines for death and personal injury and loss or damage to baggage).
E.2.5 We are not liable for the acts and failures of any Partner or other organisation if you do not arrange or book your travel through us or if you booked independently. If you or your group die or become ill or injured while overseas due to an activity which is not booked through us, we will try where possible to offer help and guidance.
E.2.6 We accept responsibility for death, injury or illness caused by the negligent acts or failures (or both) of our employees, agents, suppliers and subcontractors while providing your travel arrangements.
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.2.8 You must tell us and the supplier about any problem that arises during your trip as soon as it happens, to give us an opportunity to put things right. When you are overseas you can phone us on 00 44 1925 848 693 if you have an emergency. Any extra comments or complaints should reach us in writing within 28 days of the end of your trip booked via us. If you do not send us these within 28 days, we may not be able to investigate.
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 and/or Rewards 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.
Part F – eStore Terms and Conditions
Except as otherwise specified in these Terms and Conditions any capitalised terms will have the meanings given to them in the Scheme Terms and Conditions
- These terms and conditions are additional to the Terms and Conditions of the Scheme.
- The eStore Website (the "Website") is operated by Avios Group (AGL) Ltd trading as Avios, of Astral Towers, Betts Way, London Road, Crawley, West Sussex RH10 9XY. Registered office number 2260073. VAT registered no. 512566754. Avios are members of ABTA (c6622), ATOL (4562) the Direct Marketing Association and IATA
- For the purposes of these Terms and Conditions "We", "Our" and "Us" refers to Avios Group (AGL) Ltd trading as Avios. By accessing or using the Website you agree to be bound by these Terms and Conditions, as they may be amended from time to time, and any additional or alternative terms, conditions, rules and policies in connection with the Website which are communicated to you. Please note that these Terms and Conditions may be updated from time to time. These Terms and Conditions contain legal obligations; please read them carefully.
- The intellectual property in all text, design, graphics and other material and the selection or arrangement and 'look and feel' of such material in this website is owned by us and/or our respective licensors.
- All trade marks, copyright, database rights and other intellectual property rights in the materials on this Website (as well as the organisation and layout of this Website) together with the underlying software code are owned either directly by Us or by Our licensors. Without Our prior written permission, you may not copy, modify, alter, publish, broadcast, distribute, sell or transfer any material on this Website or the underlying software code whether in whole or in part. However, the contents of this Website may be downloaded, printed or copied for your personal non-commercial use. Points will not be awarded on the purchase of gift vouchers, which for avoidance of doubt includes gift cards, gift certificates or on VAT and delivery charges.
- Any dealings you may enter into with any third parties, including any merchants or advertisers referred to, listed or linked to the Website will be soley between you and such third parties, including any transactions for the purchase of goods or services from such third parties. All such dealings will be subject to the merchant’s terms and conditions, and privacy policies, applicable to such transactions.
- We are not responsible for any charges you or any user of your Membership incurs as a result of dealings with any merchants or other third parties referred to, listed or linked to on, the Website. Further, you accept responsibility for ensuring compliance with all applicable laws in connection with any such transactions. You agree that we shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions including, without limitation, any returns, refunds, or any product liability claims.
- Although reasonable efforts are used to ensure that the website is current, no assurance is given that the information about items of merchandise displayed on the website is completely accurate in terms of price, availability or description. We reserve the right to change or withdraw stores featured on the Avios e-store
- We may make improvements or changes to the information, services, products and other materials on this Website, or terminate this Website, at any time without notice. We may also modify these Terms and Conditions at any time, and such modification shall be effective immediately upon posting of the modified Terms and Conditions on this Website. Accordingly, your continued access or use of this Website is deemed to be your acceptance of the modified Terms and Conditions.
- The Website search option offers access to numerous third party web pages and content available over the Internet. We generally exercise no control over such third party content, web pages, or sites. It is your responsibility to review and evaluate any such content, and that any and all risk associated with the use of, or reliance on, such content rests with you. You agree that we will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your use of any third party Internet websites.
- In the event of any inconsistency between the Scheme Terms and Conditions and these Terms and Conditions, the Scheme Terms and Conditions will prevail.
- Points will only be awarded on purchases made with retailers featured on the Website Online Shopping pages when clicked through to from the Website. We reserve the right to change or withdraw retailers featured on the Online Shopping pages.
- Points will only be awarded on transactions completed online. We will not be held responsible for incomplete transactions due to failure of their or the individual retailers websites
- Missing Points claims must be made within 4 months of your initial purchase date.
- If you have any questions regarding these Terms and Conditions please contact us.
- You may only use this Website in accordance with these Terms and Conditions and, in any event, for lawful and proper purposes which includes complying with all applicable laws, regulations and codes of practice within the UK or other jurisdiction from which you are accessing this Website. In particular, you agree that you will not: post,
- a. transmit or disseminate any information on or via this Website which is or may be harmful, obscene, defamatory or otherwise illegal;
- b. use this Website in a manner which causes or may cause an infringement of the rights of any other;
- c. make any unauthorised, false or fraudulent purchase;
- d. use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of this Website including but not limited to uploading or making available files containing corrupt data or viruses via whatever means;
- e. deface, alter or interfere with the front end 'look and feel' of this Website or the underlying software code;
- f. take any action that imposes an unreasonable or disproportionately large load on this Website or related infrastructure;
- g. obtain or attempt to obtain unauthorised access, via whatever means, to any of Our networks.
- Without prejudice to any of our other rights (whether at law or otherwise) We reserve the right to:
- a. cancel your bookings without reference to you; and/or
- b. deny you access to this Website where We believe (in Our absolute discretion) that you are in breach of any of these Terms and Conditions.
- c. We may make improvements or changes to the information, services, products and other materials on this Website, or terminate this Website, at any time without notice. We may also modify these Terms and Conditions at any time, and such modification shall be effective immediately upon posting of the modified Terms and Conditions on this Website. Accordingly, your continued access or use of this Website is deemed to be your acceptance of the modified Terms and Conditions
- WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (IN CONTRACT, NEGLIGENCE OR OTHERWISE) ARISING OUT OF THE USE OF THIS WEBSITE OR ANY INFORMATION CONTAINED IN IT WHERE:
- (a) THERE IS NO BREACH OF A LEGAL DUTY OF CARE OWED TO YOU BY US;
- (b) THE LOSS OR DAMAGE IS NOT A REASONABLY FORSEEABLE RESULT OF ANY SUCH BREACH; OR
- (c) THE LOSS OR DAMAGE IS NOT AN INDIRECT RESULT OF ANY SUCH BREACH; OR
- (d) ANY INCREASE IN LOSS OR DAMAGE RESULTS FROM A BREACH BY YOU OF THESE TERMS AND CONDITIONS.
- Nothing in these Terms and Conditions shall exclude or limit Our liability for death or personal injury caused by negligence or for fraudulent misrepresentation.
- To the maximum extent permitted by law, We disclaim all implied warranties with regard to the information contained on this Website. All such information is provided "as is" and "as available" without warranty of any kind.
- In addition to any other rights or remedies We may have for your misuse or abuse of the Scheme as stated in the Scheme Terms and Conditions , and without limitation to any other rights or remedies we may have at law, equity, or otherwise, you agree to indemnify, defend and hold Us harmless from any liability, loss, claim and expense (including reasonable legal fees) related to your breach of these Terms and Conditions.
These Terms and Conditions refer only to your use of this Website and separate terms and conditions apply to any purchases or orders that you make from this Website.
- These Terms and Conditions contain all the terms of your agreement with us relating to your use of this Website. No other written or oral statement (including statements in any brochure or promotional literature published by us) will be incorporated. Your use of this Website, any downloaded material from it and the operation of these Terms and Conditions shall be governed by English law and subject to the exclusive jurisdiction of the English courts
Part G – Use of Website
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.
In order to make a booking on our website you must have a residential address in the United Kingdom. In addition, any flight we book for you must originate in the United Kingdom. Where we find that this is not the case we reserve the right to cancel your booking and charge you for any cancellation charges we incur as a result.
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.
Part H – Avios Recycling Terms and Conditions
Except as otherwise specified in these Terms and Conditions any capitalised terms will have the meanings given to them in the Scheme Terms and Conditions
H.1. Contracted Parties
H.1.1 Avios Recycling and/or any related site promoting Avios Recycling are for UK residents only.
H.1.2 You will need an online account at the Website and will need to be logged in to place your recycling order.
H.1.3 You must be the legal owner or have the owner’s full permission to sell the mobile(s) and/or iPod(s) you send us.
H.1.4 Once your mobile or iPod is received, ownership will pass to us.
H.1.5 Your registration as a seller and input of details of the mobile(s) and or/iPod(s) to be sold by you to us is an offer by you to enter into a binding contract to sell your mobile(s) and/or iPod(s) to us for the purposes of recycling/resale, which we are free to accept or decline at our absolute discretion. Acceptance of your offer and the provision of our services in this regard will commence upon receipt by us of your mobile(s) and or/iPod(s) at our warehouse.
H.1.6 You may cancel a sale by notifying us in writing (by email [email@example.com)] of your intention to do so, at any point prior to receipt by us of your mobile(s) and or/iPod(s). Thereafter, we shall have commenced the provision of our services to you and are unable to accept any cancellations or return any mobile(s) and or/iPod(s) to you.
H.1.7 You are required to be 18 years or older in order to enter into a contract with us.
H.1.8 If you are under 18 years of age, consent of a parent or guardian will be required before we can accept your mobile(s) and or/iPod(s).
H.2.Your Legal Rights as a Consumer
H.2.1 These Terms and Conditions do not affect any of your statutory rights, which cannot be excluded or restricted at law.
H.2.2 We shall not be responsible for losses that result from a failure to comply with these Terms and Conditions, including, but not limited to, losses that fall into the following categories:
- h.2.2.1 loss of income or revenue;
- h.2.2.2 loss of business;
- h.2.2.3 loss of anticipated savings;
- h.2.2.4 loss of data; or
- h.2.2.5 any waste of time
but shall not prevent claims for foreseeable loss of, or damage to, any physical property or any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
H.3.1 If you have cause for complaint regarding any service or product provided, please email full details to firstname.lastname@example.org
H.3.2 We endeavour to respond to all complaints within two working days and aim to resolve any problems within fourteen working days after receiving details of a complaint.
H.4 Determining Condition of Mobile or iPod
H.4.1 We determine the condition of your old mobile or iPod once we receive them, by referring to the following categories. It’s important to stick to the guide on the website as incorrect entries will affect the Points given as part of this contract.
On receipt of a fully working mobile with its battery,or a fully working iPod, a full Points rate (as detailed on the applicable Points list at the time of sending your mobile) will be given.
B. Partially working
Non working mobiles or iPods (examples of which are set out below) will be graded and Points will be given from a reduced list. Please note that the examples given below are a non-exhaustive list of defects, which will result in a reduced number of Points being given. We reserve the right to give such reduced number of Points in respect of any mobile(s) or iPod(s) which we (acting reasonably) determine to be non-working.
- (a) Badly damaged casing
- (b) No battery
- (c) Handset back/battery cover missing or broken
- (d) Does not power up
- (e) Handset operating system missing or corrupt
- (f) Broken/missing aerial
- (g) Faulty keypad
- (h) SIM Gate broken or missing
- (i) Memory card holder broken or missing
- (j) Pin locked
Note: cracks around docking/charging ports and side switches will result in iPods being graded as working with faults.
C. Beyond Economic Repair
A discretionary Points value will be given for mobiles and iPods that are beyond economic repair (examples of which are set out below). Please note that such examples are a non-exhaustive list of defects which will result in a discretionary Points value being given. We reserve the right not to make payment in respect of any mobile(s) or iPod(s) which we (acting reasonably) determine to be beyond economic repair.
- (a) Physically broken
- (b) In more than one piece
- (c) Broken/Cracked/Snapped hinges
- (d) Water damaged
- (e) LCD cracked/bleeding/not working/missing
- (f) Unresponsive touch screens
- (g) SIM glued in
- (h) Memory card glued in
- (i) Broken battery terminals
No payment will be made for handsets received in the following conditions:
- (a) Re-programmed IMEI number
- (b) Logged by Immobilise/on the IMEI blacklist register
- (c) Barred by a network
H.4.2 Points advertised on our website are applicable for thirty days from the date on which they are advertised. Any mobile or iPod received outside of that thirty day period will be revalued by us, according to the latest Point price list.
H.4.3 Any mobile or iPod which we are required to regrade, in accordance with the lists set out above, will be valued against the applicable list price (in Points) at the date of regrading. We shall notify you of regrading and adjustment to the applicable Points price. Regrading of any mobile(s) or iPod(s) received by us shall be at our sole discretion. We will put aside any regraded mobile(s) or iPod(s) for seven days, to give you adequate time to respond to our communication. If we do not hear from you in this time, we will take this as your automatic acceptance of the revaluation offer. After this time, we are unable to return your mobile or iPod and could only offer a ‘like for like’ replacement.
H.4.4 In the event that we have made an obvious and unmistakeable error as to the Points value of a mobile or iPod, which could reasonably be recognised by you as mis-pricing, we reserve the right to not agree to buy your mobile or iPod at that price and will not be bound to do so. If we choose not to buy your mobile or iPod, your mobile or iPod will be returned to you.
H.5.1 Each mobile and iPod is tested in the warehouse upon receipt to ensure the information provided by you is accurate. All mobiles are tested and recycled in line with ISO 9001 and 14001 procedures.
H.5.2 ShP Solutions Limited who provide the recycling system on behalf of us fully adheres to the Waste Electrical and Electronic Equipment Directive (WEEE Directive).
H.6.1 Points will be added to your Membership account within fourteen working days of the mobile and/or iPod being received and scanned at our warehouse. This payment is subject to agreement of the price offered.
H.6.2 Avios Recycling will do its utmost to ensure the Points are given within the timeframe above, but cannot accept responsibility for delays in post or system downtime through third party systems.
H.7.1 aviosrecycling.com is operated on behalf of us by ShP Limited
H.7.2 Postal address 10 Woodgate, White Lund Industrial Estate, Morecambe, Lancashire, LA3 3PQ
H.8. Freepost Address
H.8.1 Freepost address ‘Freepost Avios’ Recycling is for the delivery of handsets and iPods only, as this address is a warehouse and not an administration centre. Any other post may not reach its intended addressee.
H.10.1 If any court or competent authority decides that any of the provisions of these Terms and Conditions are invalid, unlawful or unenforceable to any extent, the provision will, to that extent only, be severed from the remaining term, which will continue to be valid to the fullest extent permitted by law.
H.10.2 If we fail, at any time while these Terms and Conditions are in force, to insist that you perform any of your obligations under these Terms and Conditions, that will not mean that we have we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms and Conditions shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
H.10.3 A person who is not a party to these Terms and Conditions shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
H.10.4 We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our website, will be of satisfactory quality and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against that third party seller.
H.10.5 Applicable laws require that some of the information or communications we send to you should be in writing. When using Avios Recycling, you accept that communication with us will be mainly electronic. We will contact you by email and, for contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other such communications that we provide to you electronically comply with any legal requirements that such communications be in writing. This condition does not affect your statutory rights.
H.10.6 All notices given by you to us must be sent to the contact details specified in clause 3.1 of these Terms and Conditions. Notice will be deemed received and properly served 24 hours after an email is sent or three days after the date of posting of any letter. In proving service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email that such email was sent to the specified address of that addressee.
H.10.7 These Terms and Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
H.10.8 These Terms and Conditions shall be governed by English law and we both agree to the non-exclusive jurisdiction of the English Courts.
H.11. Limitation of number of mobiles
H.11.1 Avios Recycling will monitor any customers that send multiples of ten mobiles or iPods at time on a regular basis for fraudulent activity, and may choose not to make a Points award in some circumstances at their sole discretion.
Note: Please read these terms and conditions carefully before submitting your mobile(s)or iPod(s) to Avios Recycling. You should understand that, by submitting your mobile(s) and or/iPod(s) to Avios Recycling, you agree to be bound by these Terms and Conditions. You should print and keep a copy of these Terms and Conditions for future reference.
Part I – Buying Avios for yourself “Purchase Avios”
Except as otherwise specified in these Terms and Conditions any capitalised terms will have the meanings given to them in the Scheme Terms and Conditions
- The Purchaser can purchase a maximum of 24,000 Points in any one calendar year.
- Points can only be purchased in multiples of 1,000 with a minimum purchase of 1,000 Points per transaction.
- *In normal circumstances Points will be available to use immediately but it could take up to 3 working days for Points to appear on your account.
- Points can only be purchased online only at the Website using the Buy Avios Application Form.
- The Purchaser must be a member of the Scheme and aged 18 or over, members whose accounts have expired will not be able to purchase Points.
- Purchasing Points will be considered as collecting Points and will reset the 36 month expiry rule as advised in the Avios Terms and Conditions.
- The Purchaser may cancel the purchase of Points within 7 days of the transaction taking place so long as such Points have not been used. The Purchaser must make the request by email to: [email@example.com] and will receive a refund within 30 days of the request. Points which are subsequently refunded will not constitute activity for the purposes of the 36 month expiry rule.
- In the case of fraud or misconduct Avios Group (AGL) Ltd reserves the right at any time in its absolute discretion to terminate the membership of any member and may cancel all accrued and accruing Points of the member and any Reward booking.
Part J – Buying Avios as a gift “Gift Avios”
- The Purchaser of a Gift can purchase a maximum of 24,000 Points as a gift for any number of Avios Members (subject to clause 2), in any one calendar year. Members may not buy Points as a Gift to their own account.
- A Gift Recipient of purchased Points can only receive a maximum of 24,000 Points in any one calendar year in aggregate, irrespective of the number of Purchasers.
- In normal circumstances the recipient will be able to use Points immediately but it could take up to 3 working days of the transaction for the Points to show on the account.
- Points can only be purchased in multiples of 1,000, with a minimum purchase of 1,000 Points per transaction.
- The Purchaser can only purchase Points for one Recipient per transaction
- Points can only be purchased online only at www.avios.com using the Gift Avios Application Form.
- In order to buy Points as a gift, the Purchaser will need to know the Recipient’s full name, email address and Avios Membership number. The Purchaser should ensure that the Recipient has not received more than 5,000 Points, including the proposed Points transaction, in that calendar year. The Purchaser and Recipient will receive an email once the purchase is complete.
- Both the Purchaser and Recipient must be members of the Scheme and aged 18 or over, Points may not be purchased for a Member whose account has expired.
- Purchasing Points will reset the 36 month Points expiry rule for the recipient, as set out in the Scheme Terms and Conditions.
- The Purchaser may cancel the purchase of the Points within 7 days of the transaction taking place so long as such Points have not been used by the Recipient. The Purchaser must make the request by email to [firstname.lastname@example.org] and will receive a refund within 30 days of the request. By making such request, the Purchaser warrants and represents that it has obtained the consent of the Recipient and hereby acknowledges and agrees that we will have no responsibility to the Recipient for such cancellation. Points which are subsequently refunded will not constitute activity for the purposes of the 36-month expiry rule.
- The Purchaser must not demand and the Recipient must not offer any value or value in kind for Points. Such activity or any other use of Points contrary to these Terms and Conditions will constitute a fundamental breach by the member of these Terms and Conditions and therefore the contract between us and the Member. In the event of such a breach, we reserve the right at any time in our absolute discretion to terminate the Membership of any member. We shall write to such Member stating their Membership is being terminated for this reason.
- In the case of Fraud or Misconduct, we reserve the right at any time in its absolute discretion to terminate the Membership of any Member and may cancel all accrued and accruing Points of the Member and any Reward booking.
Part K – Combine my Avios – Terms and Conditions
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
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
- There is no limit to the number of Avios that a Member may move.
- CMA can not be used to transfer to or from the Iberia Plus Programme within 90 days of joining the Iberia Plus Programme.
- 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.
- 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.
- 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.
- 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.
- We reserve the right to change the CMA Terms and Conditions at any time without notice.
Part L – Avios for Upgrade on British Airways Flights
- An existing cash booking made directly with Avios Customer Call Centre or Avios.com made after 16th November 2011, can be upgraded up until 24hrs before departure via the Avios Customer Contact Centre subject to availability.
- The upgrade is a single cabin upgrade from Euro Traveller to Club Europe, World Traveller to World Traveller Plus (where fitted on the aircraft), World Traveller to Club World (where World Traveller Plus is not fitted on the aircraft), World Traveller Plus to Club World, Club World to First (where fitted on the aircraft).
- Avios for Upgrade is permitted on eligible British Airways published fares only (Fare classes are: J, C, D, R, I, W, E, T, Y, B, H)
- Avios for Upgrade is permitted on British Airways operated flights only. Airline Partner and codeshare flights excluded.
- Avios will be awarded according to the commercial ticket purchased.
- Avios for Upgrade cannot be used in conjunction with any bookings that have already been subject to an upgrade or any other promotions/offers.
- Standard redemption rules apply. View standard redemption rules.
- The fare conditions for the original ticket purchased will apply, in addition to following rules specific to the Avios for Upgrade:Changes to the date or time of an Upgrade flight must be made at least 24 hours prior to the scheduled departure of the relevant flight.
- Where changes are made to the date and time of an Upgrade 24 hours or more before the scheduled departure of the first flight in the reward travel itinerary a per person fee as stated on the Website and notified to you at the time of making your booking will be payable for each permitted change.
- If cancelling a Avios for Upgrade booking, the whole journey must be cancelled. Upon the cancellations of a Avios for Upgrade booking 24 hours or more before departure of the first leg in the Award travel itinerary a per person fee as stated on the Website and notified to you at the time of making your booking will be payable and all Avios will be re-credited to the Member's account and Taxes Fees and Charges will be refunded. Upon the cancellations of a Avios for Upgrade booking less than 24 hours before departure of the first leg in the Award travel itinerary Mileage in respect of the Upgrade will not be re-credited to the Member.
- Members are responsible for paying additional taxes, fees, charges and surcharges.
- Where a member is part of a Household Account, a member can only make a Avios for Upgrade booking for another member of the Household Account
Part M – Reward Flight Saver Terms and Conditions
- The Reward Flight Saver "RFS" is available to Avios members who have earned at least one Avios Point in the 12 months prior to booking a flight under the RFS “Regular Collector”. The RFS entitles Regular Collectors making a reward booking (including an Avios & Money booking) to pay a cash price (currently £35 in economy) in respect of taxes, fees and Carrier charges on a qualifying flight, (the “RFS Cash Price”), in place of the actual taxes, fees and Carrier charges applicable to the booking.
- The RFS is subject to the Avios Terms and Conditions
- RFS is available on British Airways and on BA franchise flights (in any cabin class). RFS is not available on any British Airways codeshare or partner flights.
- RFS is only available on flights within Zones 1-3. The usual taxes, fees and Carrier charges will apply to flights outside Zones 1-3.
- For a booking to be eligible for RFS, all the flight sectors in the booking must be eligible. Bookings with connecting flights to destinations outside of Zone 3 are not eligible for RFS and the usual taxes, fees and Carrier charges will apply.
- Wholly domestic connections within the UK (including Jersey, Edinburgh, Glasgow, Manchester, Aberdeen and Newcastle) are eligible for RFS and will be charged one RFS Cash Price and the applicable Avios Points for the longer sector.
- The RFS Cash Price payable is based on a booking for a return flight, and for one-way flights will be 50% of the stated RFS Cash Price.
- Journeys with connecting flights that are not wholly domestic, but still connect within Zone 3 will be charged two RFS Cash Prices, plus the Avios Points applicable for each sector.
- The RFS Cash Price payable may vary according to the cabin class, and operating carrier. It will be clearly displayed on the booking page.
- In the unlikely event that the RFS Cash Price is higher than the applicable taxes, fees and Carrier charges on a booking, the Regular Collector will pay the actual taxes, fees and Carrier charges applicable to the booking.
- Avios reserves the right to alter the applicable RFS Cash Price at any time (but this will not apply to bookings already made before change).
- Changes to RFS bookings are subject to the change rules contained in the Avios Terms and Conditions. Date and time changes for RFS bookings are permitted for a fee, as stated on avios.com, but name changes are not permitted. Where the RFS flight is cancelled by the Regular Collector more than 24 hours prior to outbound departure, the RFS Cash Price and the Avios Points (or, in the case of Avios & Money bookings, the RFS Cash Price, the Avios Points & the cash) are refundable, for a fee, as stated on avios.com. The actual taxes, fees and Carrier charges applicable to a RFS booking are not refundable to the Regular Collector, unless the Regular Collector paid the actual taxes, fees and Carrier charges. No refunds are available for cancellations within 24 hours of the departure time.
- The RFS may not be used in conjunction with Avios for Upgrade; or any other promotions or offers, except any credit card companion vouchers, which may be used with the RFS