Scheme Terms and Conditions
Scheme Terms and Conditions
These Terms and Conditions set out the contractual relationship between Avios Group (AGL) Limited ("Avios") 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.
What’s changed? We have made a change to the Definition of Avios Points, how your membership is activated, changed Section E in relation to liability and renamed Purchase Avios to Buy Avios.
These Terms and Conditions contain some exclusions and limitations of liability (in this regard, see (without limitation) Section E.2). In addition, please note that if you have not earned or redeemed Points or bought Points for 36 consecutive months, all Points that have accrued to that date, and your Membership, will expire (See Sections C.4.1, B.6.1.1 and B.8.4 below).
Part A – Definitions
In these Terms and Conditions unless the context requires otherwise:
"Applicable Laws" means in relation to any relevant jurisdiction, any law, regulation, regulatory requirement, judgment, order, direction or any other act of any government entity of such jurisdiction;
"Airline Partners" means airlines whose operated flights may, from time to time, be eligible for Points or Rewards;
"Avios, Avios Points or Point(s)" means the credits earned or bought by a Member under the Scheme and credited to a Member's account;
"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;
"Fraud" means any conduct which is fraudulent, dishonest and deceitful. Such conduct includes, but is not limited to any of the following:
- 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) of any nature 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.
"Partner(s)" means any company selected by Avios 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;
“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;
“Avios”, “we”, “us” “our” means Avios Group (AGL) Limited (registered number 02260073) a limited company registered in England whose registered office is Astral towers, Betts Way, London Road, Crawley, West Sussex RH10 9XY represented in South Africa by Avios South Africa Proprietary Limited (company number 2011/006309/07); 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 Only 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 Republic of South Africa. If you are resident outside of the Republic of South Africa click here for the terms and conditions relevant to the United Kingdom or click here for the terms and conditions relevant for the rest of the world.
B.1.3 Membership is not open to companies, partnerships, unincorporated associations or similar entities. Points are available for leisure use and not for business use.
B.1.4 Membership is offered at our discretion and we may refuse Membership to any applicant without assigning any reason therefor.
B.2.1 To apply for Membership an individual must apply online at the Website, through Our service centre or a Partner. Applications may be made at any time on any day of the week at the Website. Membership applications must state the applicant's full name as stated on passport, ID Number, 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 earned without your Card by quoting your Membership Number.
B.3.2. Other than as set out in Section B.4.6 below, 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 or earning 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, first quote their Membership Number or register with a Partner to collect Avios Points. By activating their account, providing a Membership Number, registering with a Partner and/or participating in the Scheme. 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.4.4 We will not be responsible for late, lost or misdirected mail.
B.4.5 Correspondence from Members should be sent to email@example.com (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 with the same standard of care and diligence as you would, for example, a credit-card number.
B.4.8 It is your responsibility to keep any information that might identify you and allow access to your Membership secure. 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.6.1 Membership 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 bought 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, as a result (wholly or partly) 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
Earning Points – General
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. The Partners terms and conditions for the collection of Points form part of these terms and conditons.
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 or change this choice 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 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.3.1 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.3.2 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.3.3 Each Member acknowledges that a breach pursuant to Section C.3.2 above may also constitute an inducement to breach the contract between Avios and the Member, intentional damage to the business of Avios, conspiracy and criminal offences under Applicable Laws. Any breach pursuant to Section C.3.2 will constitute Fraud and/or Misconduct and will be dealt with in accordance with Section B.6.1.3.
C.3.4 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.4.1 If a Member has not earned or redeemed Points or bought or transferred Points for 36 consecutive months, all Points that have accrued to that date will expire.
Variation of currency
C.5.1 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.
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. (Listed on a flight with a seat available) 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 or other appropriate 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 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.
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 of R170 will be charged.
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 We offer 3 types of hotel bookings. Bookings make with Comair trading as Re24Seven, bookings with Gullivers Travel Associates trading as Travelcube and bookings from inventory supplied by Avios. You will be advised at the time of booking which Partner is providing your hotel. When you make a booking with Comair both Avios and Comair act as an intermediatory and your contract is directly with the hotel.
If you wish to Change your booking
D.2.1 Changes to bookings for Reward travel on flights operated by Airline Partners are permitted only in respect of date, time, class of service and (subject to Section D.2.2) route. 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 R545 will be payable for each permitted change. For the avoidance of doubt, name changes are not permitted.
D.2.2 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.2.3 Unless otherwise stated if you have a standalone hotel booking a per product fee of R545 for each change made will be charged in addition to any fees levied by the Partner. Changes are not permitted inside 72 hours of travelling.
If you wish to cancel your booking
D.3.1 Unless otherwise stated a per person fee of R545 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.3.2 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 R545 per person fee.
D.3.3 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.3.4 A per product fee of R545 will be charged in addition to any fees levied by a Partner for any cancellations on any non Airline Partner booking.
D.3.5 Unless specified otherwise if you cancel your hotel booking we will charge you a per product fee of R545 in addition to the fees set out below,
|Period Befor 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.3.6 A per product fee of R280 will be charged in addition to any fees levied by a Partner for any cancellations on any non Airline Partner booking.
If we change or cancel your booking
D.4.1 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.
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.1.4 Unless requested otherwise we will supply a VAT invoice via email. A fee may apply to send the document in any other form.
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 willful misconduct.
E.2.2. We will not be liable for any loss if, by reason of local legal or regulatory prohibitions or restrictions, the Scheme or the whole or any part of the Services cannot be made available in certain countries or to certain Members.
E.2.3 If we sell you a Partner(s) product we will only be liable to you for our own negligence if we do not meet our responsibilities to you, except to the extent required by local law . 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;
- business losses; and
- any form of indirect or consequential damages or losses.
E.2.4 In the case of travelling by air, sea or rail, and providing accommodation, our liability may be limited in the manner provided in the various international conventions (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(s) or other organisation. If you or a member of 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 Except as otherwise provided in these Terms and Conditions, we accept responsibility for death, injury or illness caused by the negligent acts or failures (or both) of our employees and agents while providing your travel arrangements. Such liability is limited to direct damages.
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 0027-860-0-28467 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 South African law. Avios and each Member submits to the non-exclusive jurisdiction of the South African 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 – 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.
F.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
F.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 Republic of South Africa.
Limitation of Liability
F.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
F.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 G – Combine my Avios
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 H – 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 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 (with effect from 01 November 2018 this will exclude flights operated by Comair) 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 South Africa 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.
Part I – Using Points as part payment for cash flights with Comair (effective from 14 November 2018)
- Members can use their Avios to pay for part of the total price of Comair flight bookings made via BA.com. Please refer to the Airline Partners website for more information.
- Bookings made with this payment option will be subject to the standard fare rules associated with the fare purchased.
- Points can be used to pay for Comair bookings made via BA.com or where applicable calling the Airline Partners contact centre.
- The entire booking must be eligible for Avios part payment for it to be applied to the booking.
- The Avios 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.
- The Points payable will depend on the cabin class, route selected and the number of people on the booking, this will be clearly displayed on the booking page.
- The Airlines Partners reserve the right to alter the applicable Avios payment rates at any time (but this will not apply to bookings already made before change).
- 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 booker’s Avios account, for each passenger on the booking.
- The Points to be accrued by each Member on any booking made using Avios part payment will be clearly displayed on the booking page. The Points and Tier Points, if applicable, to be accrued by each Member on the booking will be in line with the commercial ticket purchased.
- 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 the Members Avios account up to the value of the original part payment, with any remainder credited to the original method of payment together with government taxes.
- In the case of a household account, current redemption rules apply regarding the debiting of Points across the accounts of the household members. However, Members of a household account can make Avios part-payment bookings for people outside of the household account.
- Avios part payment may not be used in conjunction with any other promotional offers, unless expressly stated otherwise.
- If you wish to change a flight booking where you have used Points to obtain a discount on a cash fare, the published fare rules applicable to that booking will apply in addition to the R545 per person change fee.
- If you wish to cancel a flight booking where you have used Points to obtain a discount on a cash fare, the published fare rules applicable to that booking will apply in addition to the R545 per person change fee. If you are due a refund any Points paid will be refunded first followed by the cash paid.