TERMS AND CONDITIONS OF THE AIR MILES ® REWARD PROGRAM
Valid as of December, 2014. Program details and information are also available at www.airmiles.ca or by calling 1-888-AIR-MILES (in Toronto, call (416) 226-5171).
The AIR MILES® Reward Program ("Program") is operated by LoyaltyOne, Inc. ("LoyaltyOne", "us", "our", or "we"). When you enroll in the Program, we licence you to collect AIR MILES reward miles from participating retailers and others authorized to issue AIR MILES reward miles from time to time ("Sponsors") and to redeem reward miles that you have collected for travel, merchandise, gift certificates and other rewards ("Rewards") provided by participating travel providers, manufacturers, retailers and service providers ("Suppliers") that we make available from time to time.
Enrollment, membership and all related benefits of the Program are offered at our discretion. By enrolling in the Program or collecting reward miles, you agree that you have read and understand these Terms and Conditions and are bound by all of them, as changed from time to time, and you consent to our collection and use of your personal information in accordance with our Privacy Commitment (see below).
COMMITTED TO YOUR PRIVACY
We are committed to protecting your privacy. We collect and use your personal information: (i) to administer the Program, including the management of Collector Accounts, to accurately record and update reward mile balances; (ii) to process Collector redemptions, including the issuance of Rewards and Certificates; (iii) to invoice Collector and Sponsor accounts, as appropriate; (iv) to communicate information and offers to Collectors, Sponsors and Suppliers; (v) to understand and analyze Collectors¿ responses, needs and preferences; (vi) to develop, enhance, market and/or provide products and services to meet those needs; and (vii) to enable Collectors to participate in promotions and contests. View our Privacy Commitment at www.airmiles.ca/privacy for complete details. Collector personal information is an asset of LoyaltyOne, and if our business is transferred to a new owner, Collector personal information will be transferred to and become an asset of the new owner.
PARTICIPATION IN THE PROGRAM AND ACCOUNT MANAGEMENT
To enroll in the Program, you must have both a valid mailing address in Canada and a valid e-mail address and you must be of legal age in the province in which you reside. If we accept your application for enrollment, we will enroll you in the Program as a collector of AIR MILES reward miles ("Collector"), establish an account ("Collector Account") in your name and send you an AIR MILES Collector Card ("Collector Card"). You may request additional Collector Cards for other members of your household ("Additional Collectors") for which we may impose a fee in our discretion. You may collect reward miles in one Collector Account only. All reward miles collected by Additional Collectors for whom you have requested Additional Cards will be recorded in your Collector Account.
In case of divorce or relationship breakdown, death, emigration from Canada, duplication error or with our authorization, you may, with our prior consent and upon proper proof and payment of such fees as we may in our discretion impose from time to time, merge your Collector Account with the Collector Account of a family member or member of your household.
The Program, including all reward miles, Collector Cards, every certificate or other document which can be exchanged for a Reward ("Certificate") and all rights relating to them, are and will remain our property. You are responsible for all taxes payable as a result of your participation in the Program, including collecting and redeeming reward miles and obtaining Rewards. You may not transfer, sell, exchange, give, charge or otherwise dispose of any reward mile except in accordance with such conditions as we may prescribe from time to time and upon payment of such fees as we may impose in our discretion from time to time.
You must identify yourself as a Collector and present your Collector Card or provide your Collector Account number when dealing with Sponsors. While similar programs may be offered in other countries, the Program entitles you to collect reward miles only from Sponsors in Canada. We will credit your Collector Account only with reward miles you collect when dealing with authorized Sponsors in good standing with us, and only after the Sponsor notifies us to do so. We are not responsible if a Sponsor delays or fails to notify us or for any other delay in recording reward miles in your Collector Account. Some Sponsor locations may not participate in the Program. We may refuse to record or honour reward miles in your Collector Account, or if already recorded, we may cancel them, if we cannot confirm that they were properly issued or obtained. We may also cancel recorded reward miles if the issuing Sponsor does not pay amounts owing to us or tells us to cancel the reward miles (for example, because you returned or didn¿t pay for products or services for which the reward miles were issued). Sponsors will determine the conditions under which they will issue reward miles and may change those conditions at any time and without notice. Neither we nor any Sponsor is responsible for any offer of reward miles which is no longer in effect. Any dispute must be settled between you and the Sponsor. If you believe that the number of reward miles in your Account is in error, you must tell us within 60 days of the date of the transaction for which the reward miles should have been issued or else the number of reward miles in your Collector Account will be deemed to be correct, except for excess reward miles improperly recorded in it. We may require you to submit documentation to support your claim.
A personal identification number ("PIN") may be required in order to access your Collector Account and to redeem reward miles on airmiles.ca or when contacting our Customer Care centre. Anyone who knows your Collector Account number and PIN will have full access to your Collector Account, and may change the address associated with your Account and redeem reward miles recorded in your Collector Account. You are responsible for maintaining the secrecy of your PIN, for all activities that occur using your PIN and for notifying us of any unauthorized use of your PIN. We are not responsible or liable in any way for any loss arising from your failure to comply with these provisions. Notify us immediately if your Collector Card is lost or stolen.
We may from time to time allow you to allocate the reward miles that you collect to separate balances within your Collector Account and restrict the Rewards available upon the redemption of reward miles from any particular balance.
If no reward miles are posted to your Collector Account or redeemed from your Collector Account for a period of 24 consecutive months, we may cancel the reward miles recorded in your Collector Account without notice or compensation to you.
Reward miles that have been in your Collector Account for at least 5 years will expire on last day of the calendar quarter in which the fifth anniversary of the date on which they were posted to your Collector Account occurs, without notice or compensation to you. Reward miles posted to your Collector Account on or before December 31, 2011 will be deemed to have been posted on December 31, 2011.
REDEMPTION OF REWARD MILES
Reward miles have no cash, monetary or other value and cannot be converted into any currency. Reward miles are not actual miles. They count towards travel services, merchandise, Certificates and other Rewards that we make available from time to time.
You may use our Internet website, our AIR MILES Customer Care Centre and our Interactive Voice Response System ("IVR") to redeem reward miles for the Rewards that we make available from time to time through these channels in accordance with such conditions as we may prescribe from time to time.
The number of reward miles recorded in your Collector Account and the number of reward miles required to obtain any particular Reward are subject to verification by our Customer Care Centre. Once merchandise, gift certificates or gift cards have been shipped, no changes or refunds whatsoever are permitted. All Rewards are offered subject to availability and restrictions imposed by Suppliers. We assume no responsibility for any loss, damage, defect, injury, death or expense relating to any Reward, or for your Rewards not turning out as you expected for whatever reason.
You may redeem reward miles to pay for purchases from participating Sponsors in accordance with such conditions as we may prescribe from time to time. Visit airmiles.ca for a complete listing of participating Sponsor locations where this Reward is offered and full details as to how to redeem reward miles to obtain this Reward.
From time to time, you may obtain specially designated Rewards by redeeming reward miles or by using a combination of reward miles and money. We will designate the Rewards to which this feature applies and determine the number of reward miles and amount of money required to obtain any particular Reward in our sole discretion.
All references to money in these Terms and Conditions are in Canadian dollars, unless otherwise indicated, and we accept payment of money in Canadian dollars only by way of valid credit card. You are responsible for all taxes applicable to any amounts payable to us. We will determine the applicable taxes on the basis of the province in which you reside, as shown in our records at time of payment.
ADDITIONAL PROVISIONS RELATING TO TRAVEL REWARDS
The number of reward miles required for flight Rewards may vary due to routing and carrier availability, time and date of travel and use of multiple carriers. Suppliers may limit length of stay and impose requirements to complete travel within a specified time after booking. Changes to travel arrangements made after booking are subject to applicable fees imposed by Suppliers and us and any applicable increase in the number of reward miles required for the changed travel arrangements. Tickets must be used within one year of original booking and no reward miles will be refunded in consequence of a change to travel arrangements once made.
You are responsible for and must pay all administration charges, taxes and fees (such as sales, departure and transportation taxes and fees, airport improvement fees and other fees), airline fuel and other surcharges and excess baggage charges, immigration fees, governmental fees and levies, customs charges and passenger facilities charges (including port charges), health or other inspection fees, and other non-ticket costs or charges which may be imposed or collected with respect to Rewards requested by you or through your Collector Account. All travel services are arranged by LoyaltyOne Travel Services Inc., a licensed travel agent in Ontario, British Columbia and Quebec, which may impose its own service fees for arranging travel services.
Trip cancellation and interruption insurance is highly recommended to ensure the return of redeemed reward miles to your Collector Account. Availability of travel-related Rewards may be affected by Suppliers¿ blackout days, seating or space availability or other factors, meaning that seats or space for our Collectors may not be available even though the flight might not be full or the Rewards or Supplier services may not be fully booked. We may without notice alter or substitute airlines or scheduled travel times, omit or alter stopping places and routes, and are not responsible for making connections. We do not guarantee start or finish of travel. All reservations are subject to conditions of carriage, supply, and business of Suppliers which may include exclusions and limitations of liability. Times shown in timetables or elsewhere are approximate and not guaranteed. Schedules are subject to change without notice. We suggest you contact the participating airline in advance to confirm your departure times. We assume no responsibility if you are denied boarding, or your flight is cancelled or delayed. It is your responsibility to ensure you have all necessary travel documents required to enter the countries of your stop-overs and destination and that you are aware of and meet all health requirements of your destination.
BUY THE REWARD MILES YOU NEED
You may purchase a limited number of the total number of reward miles required for such Rewards as we may designate from time to time for such amount as we may prescribe from time to time, in accordance with such procedures as we may prescribe from time to time. Our Customer Care Centre will advise you of the number of reward miles you may purchase. You may not purchase more reward miles than required for the specific Reward and we will not refund any amount paid to purchase reward miles.
Collectors who collect AIR MILES reward miles in the course of making business expenditures may enroll as Business Collectors in the AIR MILES Reward Program. Any individual, sole proprietorship, partnership or corporation which does so and has a valid Canadian address may enroll as a Collector by such individual or sole proprietor, or a partner in such partnership, or a director, officer or purchasing manager of such corporation, (each a "Principal") following the procedures described below. Upon doing so, such Collector will be designated as a "Business Collector". In addition, we may from time to time, at our option, identify Collectors who we believe have collected AIR MILES reward miles in the course of making business expenditures and those Collectors will also be identified as "Business Collectors". All Business Collectors will be entitled to the benefits and features outlined below. If we determine that a Business Collector has not been collecting for business purposes for any continuous 12 month period, we may, at our option, designate their business Collector Account to a non-business Collector Account, in which case such Collector will cease to be a Business Collector.
A Business Collector may transfer AIR MILES reward miles (recorded in its business Collector Account at the time of transfer) from its Business Collector Account to any Collector Account of a Principal, employee or family member of the Business Collector, or any family member of any such Principal, by providing us with written notice from a Principal of each such transfer.
In addition to the two Business Collector Cards that are provided upon enrollment in the Program, a Business Collector may request additional or replacement Card(s) for employees or other representatives of the Business Collector at such cost as we may prescribe from time to time. Each any person (other than the Business Collector itself) to whom any such additional Cards are provided will be an Additional Collector.
To enroll as a Business Collector, you may: (i) complete an enrollment form available from an authorized participating Sponsor; or (ii) call our Customer Care Centre at 1-888-AIR-MILES and ask to be enrolled as a Business Collector or designate your existing non-business Collector Account as a Business Collector Account.
LIMITATION OF LIABILITY
TERMINATION, CHANGES AND BREACH
We may change these Terms and Conditions, any aspect of the Program including booking conditions, redemption procedures or any Rewards, in any respect, all without notice and even though changes may affect the value of reward miles already recorded in your Collector Account. For example, but without limitation, we may add, delete or change Sponsors; Suppliers (including participating airlines); time limits for collection, redemption or use of reward miles; Rewards; redemption conditions or procedures; the number of seats available to destinations; the number of blackout dates; travel restrictions; and the number of reward miles required for any particular Reward. If you become bankrupt, commit fraud, misrepresent any information, violate these Terms and Conditions, abuse your Program privileges or act in any other way to the detriment of us, our Sponsors or Suppliers or the Program, we may, without affecting our other rights, disclose such information as may be requested by proper authorities, terminate your enrollment in the Program, close your Collector Account, cancel the reward miles recorded in your Collector Account and/or cancel any Certificate or Reward. If a reward mile or a Reward expires or is cancelled for any reason, it becomes void without compensation. We may, in our discretion, and upon payment of such fees as we may impose from time to time, allow you to re-instate your Collector Account or reward miles that have expired or that we have cancelled.
LIMITATION OF LIABILITY
These Terms and Conditions may be different from what you know about the Program. These Terms and Conditions constitute the entire agreement between you and us regarding your participation in the Program, your entitlement to collect and redeem reward miles and your entitlement to any other benefits of the Program, and supersede all previous versions. Except as expressly contained in these Terms and Conditions, there are no conditions, representations, warranties, express or implied, statutory or otherwise.
When you deal with us over the Internet, you consent to the formation of contractual relations through electronic communications. We are the final authority as to the interpretation of these Terms and Conditions and as to any other questions or disputes regarding the Program or any Reward. Unless we otherwise elect, any dispute regarding these Terms and Conditions, including validity, existence, binding effect, interpretation, performance, breach or termination, and including tort claims, shall be referred to and finally determined, to the exclusion of the courts, by a single arbitrator. The arbitration shall take place in Toronto, Ontario, in English, and in accordance with Ontario laws, unless you are a Quebec resident in which case Quebec laws shall apply. In all other respects the arbitration shall be governed by and subject to the Ontario Arbitration Act. The arbitration shall be conducted in strict confidence with no disclosure to any person of the fact of the dispute or any aspect of the dispute except as necessary for resolution of the dispute. We will not be taken to have waived any of our rights even if we redeem reward miles or honour Certificates when not required. All materials and any notices from us will be sent to your address as in our records; please notify us if your address changes. The Program, all rules and Terms and Conditions are governed by the laws of Ontario (except for Quebec residents, for whom Quebec law applies). If any provision of these Terms and Conditions is invalid or unenforceable, such provision shall not affect the validity and enforceability of the remaining Terms and Conditions.
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