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Regulation




OCEANAIR LINHAS AÉREAS S.A. “Avianca”

AMIGO LOYALTY PROGRAM REGULATION

 

The Amigo Loyalty Program “Amigo Program”, developed by Oceanair Linhas Aéreas S.A. “Avianca”, hereinafter referred to as “AVIANCA”, a company headquartered at Av. Washington Luis, 7.059, Campo Belo, São Paulo, SP, 04627-006, enrolled with CNPJ nº 02.575.829/0001-48, seeks to encourage and retain its passengers in the frequent use of its regular air transportation services, providing advantages and benefits to the Amigo Program Member, considering the conditions defined in this Regulation.

 

1. DEFINITIONS

 

Avianca”: refers to Oceanair Linhas Aéreas S.A., which uses the commercial name “Avianca” and operates with code O6.

Amigo Program Member”: refers to an individual registered in the Amigo Program, users of services provided by Avianca and/or Partner Airlines and/or Partner Companies.

Ticket” or “Air Ticket”: refers to the document issued by Avianca and/or Partner Airlines to confirm the acquisition of air transport service, upon payment by the Amigo Program Member, and which, in accordance with its tariff rule, allows points in the Amigo Program.

Amigo Program Ticket” or “Amigo Program Air Ticket”: refers to the document issued to confirm the acquisition of passenger air transport service from Avianca and/or Partner Airlines, through the redemption of Amigo Program Points, which does not allow new points in the Amigo Program.

Card” or “Amigo Program Card”: refers to the card, to be printed on Avianca website, which identifies the Amigo Program Member as a member of the Amigo Program.

Card Category”: refers to the qualifications of the Amigo Program Member, as follows: Bronze, Silver, Gold and Diamond, which offer benefits to the Amigo Program Member, according to the rules of each category.

Account” or “Amigo Program Account”: refers to the account, managed by Avianca, which records and stores the points acquired and redeemed by the Amigo Program Member, according to the provisions of this Regulation.

Partner Airlines”: refer to the airlines that have signed a partnership agreement with the Amigo Program, with which the Amigo Program Member may earn points and redeem an Amigo Program Air Ticket, according to the current rule of each partnership.

Partner Companies” or “Partner”: it is the provider of products and/or services that has an agreement with the Amigo Program to provide advantages and/or products to the Amigo Program ember, who may earn points or redeem products and/or services according to the current rules set for each partnership.

Amigo ID Number”: refers to the ID number of the Amigo Program Member.

Point” or “Amigo Program Point”: refers to the points earned in the Amigo Program as a result of acquiring an Air Ticket and/or services/products from Partner Companies.

Qualifiable Points”: refer to points used to qualify the Amigo Program Member for the purpose of changing and/or keeping a Card Category.

Program” or “Amigo Program”: refers to Avianca’s loyalty program.

Regulation”: refers to this Regulation, which sets the rules of the Amigo Program, properly registered at the 10th Office of Document Registration of São Paulo, SP.

Avianca Website”: refers to www.avianca.com.br.

Official Fees”: refer to the fees included in the air ticket, related to the governmental charges or not, but not limited to the additional amount of ticket issue, boarding fees, among others.

 

2. GENERAL CONDITIONS

 

2.1. Individuals with a CPF (individual taxpayer ID), aged 2 (two) years old or more, and properly registered in the Amigo Program may participate in the Amigo Program. The members should respect the rules and conditions of this Regulation and confirm their adhesion via Avianca website or by filling an application form available at the airports, in aircrafts or other ways that Avianca offers, thus becoming an Amigo Program Member.

2.2. After the registration, the Amigo Program Member agrees with this Regulation, whose provisions should be strictly observed, so that the Member can have the advantages and benefits of the Program; this Regulation may be accessed at any moment on Avianca website.

2.3. After joining the Amigo Program, the Amigo Program Member authorizes Avianca to provide the Member’s information to Partner Companies and/or Partner Airlines so that the Member can receive advantages and benefits from other partners associated with the Amigo Program.

2.3.1. For the acquisition of products and/or services from Partner Companies and/or Partner Airlines, the Amigo Program Member should observe the rules from these companies, and Avianca should not be held liable for such products and/or services offered by such companies.

2.3.2. Avianca reserves the right to create, alter or terminate agreements with Partner Companies and/or Partner Airlines at any time, and such alterations will be disclosed to the Amigo Program Member on Avianca website and other communication channels, if any, and it is up to the Amigo Program Member to check for any changes in the Program, also in the communication channels provided by the Partner Companies and/or Partner Airlines.

2.3.2.1. Any creation, alteration and/or termination of agreements with Partner Companies and/or Partner Airline should not affect any benefit acquired by the Amigo Program Member, as long as those conditions are valid.

2.4. The Points, rewards and other privileges from the Amigo Program are owned by Avianca and they will be received only according to the conditions set in this Regulation and/or the rules defined by each Partner Company and/or Partner Airline.

2.5. The points earned according to this Regulation are personal and nontransferable and should not be transferred to third parties, including by succession or inheritance. This way, in the event of death of the Amigo Program Member, the Amigo Program Account and his/her earned points and any Amigo Program Air Ticket issued but not used will be automatically canceled.

2.5.1. The Amigo Program Member is not allowed to trade earned Points, benefits, advantages, bonuses or rewards resulting from the Amigo Program, including, but not limited to, sales, exchanges or barter; in this case, the Member will be subject to civil and criminal lawsuits. Any evidence of such practices will lead to immediate cancellation of the Amigo Program Account and earned Points of that Amigo Program Member, as well as of any Air Tickets issued and not used.

2.6. The Points, advantages, benefits and rewards granted by the Amigo Program may be disclosed by Avianca on its website and/or on all communication channels usually adopted by Avianca;

however, such criteria may be changed and/or terminated at any time, provided that such change is advertised on such channels, observing the financial and sector policies of the market.

2.6.1. Any alteration and/or termination will not affect any benefit, advantage or reward acquired by the Amigo Program Member, as long as those conditions are valid.

2.7. The Amigo Program Member should always observe the rule for the tariff of the Air Ticket purchased, which will include the total Points that will be credited to the Amigo Program Account after the Air Ticket is used, considering that earning Points will be linked with Avianca’s economic and financial policy, which may be changed at any time, always respecting the rights already acquired by the Amigo Program Member.

2.8. Likewise, the Amigo Program Member should always observe the rules defined by the Partner Companies and/or Partner Airlines for earning or redeeming Points as a result of the acquisition of products and/or services of such companies, whose conditions will be defined by these companies.

2.9. The Amigo Program Member confirms, for all purposes, that the information he/she provides are true, the Member will be subject to administrative, civil and criminal lawsuits, according to the provisions in Art. 299 of the Brazilian Criminal Code, in case of any incorrect, inaccurate or false statement or information provided by the Member.

 

3. AMIGO PROGRAM ACCOUNT

 

3.1. Once enrolled in the Amigo Program, the Amigo Program Member will have only an Account, managed by Avianca, which will receive all points acquired with the purchase of Air Tickets and/or services and products from Partner Companies, according to the rules of each acquisition.

3.1.1. In case of duplicate Accounts, the one with the lowest Card Category or the most recent one if the Accounts have the same Card Category, will be used, and any Point from this Account will be transferred to the Account that remains active.

3.2. Any account in the name of minors will be the responsibility of the respective legal representative, observing the legislation in force.

3.3. After the registration in the Amigo Program Member, Avianca will offer on its website the Amigo Program Card, which should be printed; it will include the Amigo Member ID to be informed by the Amigo Program Member whenever he/she buys an Air Ticket or at check-in.

3.4. The Amigo Program Member may access his or her Account on Avianca website and check earned points, redeem points, among other functionalities, using access login and a personal and nontransferable password, which should be safely kept by the Amigo Program Member, who will be responsible for the unauthorized use of such password by unauthorized persons.

3.5. The Amigo Program Member should inform any change in his or her registration data to Avianca, using Avianca’s Customer Service or website, and the Member should be responsible for the information provided and veracity of the documents submitted. The Amigo Program Member is responsible for keeping his or her registration information updated, especially email, address and telephone number.

3.6. At Avianca’s sole discretion, documents to confirm the registration data informed by the Amigo Program Member may be required; otherwise the Member may not be allowed in the Amigo Program until the situation is resolved.

3.7. The Amigo Program Member may, at any time, request the cancellation of his or her Amigo Program Account through a written notice emailed to Avianca mentioning the reason for cancellation and sending a copy of the requested documents. Once the Amigo Program Account has

been canceled, the Points will also be automatically canceled and cannot be reactivated or transferred to third parties.

 

4. EARNING POINTS IN THE AMIGO PROGRAM

4.1. The Amigo Program Member will earn Points related to Air Tickets effectively used by him/her in flights of Avianca (operated under code O6) or Partner Airlines, observing, in this case, the tariff rule applied and/or the table of Points in force and disclosed by the Amigo Program, upon acquisition of the respective Air Ticket; Points may also be earned when using services and/or buying products from Partner Companies, observing the rules defined for such services and products, and which will be credited to the Amigo Program Member’s Account.

 

4.1.1. The Amigo Program Member will earn Points only after date of registration in the Amigo Program.

4.2. To earn Points with Air Tickets, the Amigo Program Member should inform his/her Amigo Program ID when booking or buying an Air Ticket from Avianca and/or Partner Airline, or when buying products and/or services from Partner Companies; otherwise these Points will not be credited to his/her Amigo Program Account.

4.2.1. The Amigo Program Member may also use his/her Amigo Program ID at check-in before the flight.

4.2.2. In case of any discrepancy between the information provided by Amigo Program Member and those registered in the Amigo Program, the points from that flight will not be credited to the Amigo Program Account.

4.2.3. Avianca reserves the right to take back the Points already registered to the Amigo Program Account in case the Air Ticket payment has not been properly made or in other situations showing the Amigo Program Member does not qualify to receive the Points, according to this Regulation.

4.2.4. For the purpose of receiving Points, the place of origin and final destination will be considered, regardless of flight connections in the route, considering the total points in the tariff rule.

4.3. The Points earned will be cumulative and valid for 24 (twenty-four) months; they will be automatically canceled after their expiration date.

4.4. The Amigo Program Member is not allowed to transfer his or her Amigo Program Points to the Program Account of another Member or another loyalty program.

4.4.1. The Points will be credited only to the holder of the Air Ticket after the corresponding flight, and in no circumstance the Points should be credited to third parties.

4.5. In case of a complaint about any Points that have not been credited to the Amigo Program Account as a result of the acquisition of Air Tickets, the Amigo Program Member should contact Avianca and provide the information about the flight, such as: airline, date, origin, destination, flight number, flight time, cabin class, ticket number, reservation, tariff and tariff class paid, and, if requested by Avianca, submit the boarding pass of the flight or proof of products and/or services bought through Avianca Customer Service Department, in order to support the complaint.

4.5.1. Avianca will have 30 (thirty) days to analyze the complaint after the request, when related to Air Tickets for Avianca flights (code O6), and credit any Points to the Amigo Program Account, as the case may be, or inform the Amigo Program Member in case of unfounded complaint.

4.5.2. When the complaint is related to Air Tickets from Partner Airlines, the deadline for complaint analysis will be informed by such Partner Company.

4.5.3. In case of a complaint regarding any Points not credited to the Amigo Program Account as a result of the acquisition of products and/or services from Partner Companies, the Amigo Program Member should submit his/her complaint directly to the Partner Company for investigation, and the Partner Company will inform Avianca.

4.6. The Amigo Program Member agrees that any complaints about credits of Points to his/her Amigo Program Account regarding Air Tickets must be submitted to Avianca at least 15 days and up to 12 (twelve) months after the flight date.

4.6.1. When the complaint is about credits of Points resulting from the acquisition of products and/or services from Partner Companies, the deadline to submit such complaint will be the one defined by the Partner Company.

4.6.2. After the deadlines to submit complaints are expired, no other complaints will be accepted.

 

5. REDEEMING POINTS

 

5.1. The Points earned by the Amigo Program Member may be redeemed for the issuance of Amigo Program Air Tickets, observing the rules in this Regulation.

5.1.1. Amigo Program Air Tickets can be acquired by the Amigo Program Member via Avianca website, Avianca Stores or Avianca Call Center, upon confirmation of the Amigo Program Member data.

5.1.1.1. For Amigo Program Air Tickets to be acquired from Partner Companies, the Amigo Program Member can use Avianca Stores or Avianca Call Center.

5.1.1.2. For children under 2 years of age, the Amigo Program Member should inform Avianca when redeeming Points, and the rules in force should be applied; in this case, the Amigo Program Air Ticket may only be issued through Avianca Call Center or Avianca Stores.

5.2. Amigo Program Air Tickets are nontransferable and non-endorsable, and may be issued in the name of the Amigo Program Member or third parties indicated by the Member, subject to the provisions in Clause 2.5.1. above.

5.2.1. For Amigo Program Air Tickets issued in the name of third parties bought at Avianca Stores, the Amigo Program Member holding one Amigo Program Account, from which the Points will be redeemed, should fill out a form authorizing the Amigo Program Air Ticket in the name of the third party, and Avianca may request other documents that confirm the information of the Amigo Program Member and the passenger.

5.3. The Points earned by the Amigo Program Member may also be redeemed for the acquisition of products and/or services from Partner Companies, observing the redemption rules defined between the Amigo Program and the Partner Companies, which can be accessed on Avianca website and other communication channels of Avianca and/or its Partner Companies.

5.4. Avianca may offer Amigo&Money Air Tickets, which will be purchased via redeemed Points and payment of the tariff difference at the moment of purchase, observing the payment conditions accepted by Avianca and the tariff rule in force.

5.4.1. To purchase Amigo&Money Air Tickets, the Amigo Program Member should use at least 5,000 points in multiples of 1,000.

5.4.2. Amigo&Money Air Tickets do not earn Points in the Amigo Program and may be issued only for Avianca flights (operated under code O6).

5.4.3. Amigo&Money Air Tickets may be acquired by the Amigo Program Member via Avianca Call Center or Avianca Stores, upon confirmation of data from the Amigo Program Member.

5.5. Avianca agrees to offer at least 1 (one) Amigo Program Air Ticket for each flight operated under code O6 to be purchased through redemption of Points, and which may be available for sale 72 (seventy-two) hours before the flight if no Points are redeemed by an Amigo Program Member.

5.6. The Amigo Program Member should pay the Official Fees related to the Amigo Program Air Ticket when buying such ticket, observing the payment conditions accepted at that moment.

5.7. The Amigo Program Member may, while the Amigo Program Air Ticket is still valid, request the refund of such ticket via Avianca Stores or Avianca Call Center, by paying the fees applied and described in the tariff rule, and all related Points will be refunded to the Amigo Program Account, with the same validation as when the ticket was issued.

5.7.1. The refund of the Amigo&Money Air Ticket will only be allowed for tickets that have not been used and still valid, upon payment of related fees according to the tariff rule, which may be discounted from any credit of the Amigo Program Member, even if all Points redeemed to purchase the Amigo&Money Air Ticket are already expired.

 

6. CARD CATEGORIES

 

6.1. The Amigo Program has 4 (four) Card Categories: Bronze, Silver, Gold and Diamond.

6.2. The following criteria for Card Categories will be adopted:

a) Bronze: up to 14,999 Qualifiable Points, or 19 flight segments flown; b) Silver: 15,000 to 44,999 Qualifiable Points, or 20 to 49 flight segments flown; c) Gold: 45,000 to 89,999 Qualifiable Points, or 50 to 99 flight segments flown; and d) Diamond: 90,000 Qualifiable Points, or 100 flight segments flown, or above.

6.2.1. For the calculation of segments flown, only Avianca’s Air Tickets (operated under code O6) will be considered after they are effectively used.

6.2.2. The Points earned as a result of buying products and/or services from Partner Companies and Card Category Bonus Points, as well as any other promotional points or bonuses, are not considered Qualifiable Points for the purpose of the provisions in Clause 6.2. above.

6.3. The evaluation for Card Category upgrade (which will analyze the possibility of changing to a Card Category higher than the current one) will be performed on a daily basis, considering the Qualifiable Points or segments flown between January 1 and any day in the same calendar year.

6.4. The benefits from the Card Category will be valid on the date the Amigo Program Member purchases the Card Category, plus 12 months until March of the subsequent year.

6.4.1. The following examples illustrate the rule above:

 

Date the Amigo Program Member acquired the Card Category Period of benefits from the Card Category acquired

March 30, 2015 March 30, 2015 to March 31, 2017

Oct. 18, 2015 Oct. 18, 2015 to March 31, 2017

Dec. 22, 2015 Dec. 22, 2015 to March 31, 2017

Feb. 2, 2016 Feb. 2, 2016 to March 31, 2017

 

6.5. Starting on March 31, 2017, a reassessment of the Card Category attributed to the Amigo Program Member will be performed annually on the same date, considering the Qualifiable Points and the segments flown in the previous calendar year, between January 1 on December 31

(“Calendar Year”); and then, the Card Category renewal or downgrade may occur, observing the criteria defined in Clause 6.2. above; the Amigo Program Member may remain in the same Card Category or may be or downgraded.

6.6. Whenever the Card Category is renewed or changed according to the provisions above, the Amigo Program Member will have a new Amigo Program Card showing the new expiration period for such new Card Category.

6.7. Avianca will grant specific benefits and advantages as incentive to the Amigo Program Member based on each Card Category, which will be advertised on Avianca website.

6.7.1. Each Card Category will offer Bonus Points, which will be credited to the Amigo Program Account; however, they are not considered as Qualifiable Points for the purpose of the provisions in Clause 6.2. above, observing the following:

a) Bronze: the Amigo Program Member will receive total Points as defined in the tariff rule applied to the Air Ticket acquired after it is effectively used;

b) Silver: the Amigo Program Member will receive 25% (twenty-five percent) of the Points awarded to the Bronze Category;

c) Gold: the Amigo Program Member will receive 50% (fifty percent) of the Points awarded to the Bronze Category; and

d) Diamond: the Amigo Program Member will receive 100% (one hundred percent) of the Points awarded to the Bronze Category.

6.8. The Amigo Program may, at any time, launch new Card Categories, replacing or altering the current ones, updating the Program on Avianca website, always keeping the benefits and advantages acquired by the Amigo Program Member until the Amigo Program Card expiration.

 

7. FINAL PROVISIONS

 

7.1. Avianca reserves the right to create promotions and benefits for a certain period only, canceling and/or changing them at any time, informing such changes in advance on Avianca website; however, the advantages acquired by Amigo Program Member will remain valid while the promotion is in force.

7.2. The advantages, benefits, bonuses and rewards from the Amigo Program that result in air transportation will be governed by Law nº 7.565/86 (Brazilian Code of Aeronautics) and other regulations issued by the National Civil Aviation Agency (ANAC).

7.3. Avianca reserves the right to interrupt, cancel or change the Amigo Program at any time, informing such changes in advance on Avianca website; however, the advantages acquired by Amigo Program Member will remain valid while the conditions are in force.

7.4. In the event of any legal order or official regulation that requires changes or interruption, in whole or in part, of the Amigo Program, Avianca shall not be held liable in relation to the Amigo Program Member.

7.5. Cases not described in this Regulation will be handled between the Amigo Program Member and Avianca.

7.6. In case of non-compliance with this regulation by the Amigo Program Member, Avianca reserves the right to interrupt or cancel the respective Amigo Program Account, temporarily or permanently, and cancel the use of any advantage, benefit, bonus or reward purchased by such Member.

7.7. This Regulation will be valid starting on March 30, 2015 and will be registered at the 10th Office of Document Registration of São Paulo, SP, and remain valid for a non-fixed term, replacing and canceling previous regulations.

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