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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 as "AVIANCA", a corporation with registered office located at Av. Washington Luís nº 7.059, Campo Belo, São Paulo/SP, CEP 04627-006, enrolled in the CNPJ [Corporate Taxpayer Register] under n.º 02.575.829/0001-48, seeks to motivate and gain loyalty of its passengers in the frequent use of its regular air carriage services offering advantages and benefits to the Amigo Member, considering the conditions set forth on this Regulation.

1. DEFINITIONS

"Avianca": is Oceanair Linhas Aéreas S.A., which uses the trade brand "Avianca" and operates under code O6.

"AmigoCustomer" or "Amigo Member":is the individual registered in the Amigo Program and user of services provided by Avianca, and/or Partner Airlines and/or Partner Companies.

"Ticket" or "Air Ticket": it is the document issued by Avianca and/or Partner Airlines as a way to prove the air carriage service acquisition, upon payment by the Amigo Member that, pursuant to its fare rule, enables to earn points at the Amigo Program.

"Amigo Ticket" or "Amigo Air Ticket": it is the document issued as a way to prove the air carriage service acquisition from people with Avianca and/or Partner Airlines through redemption of Amigo Program Points, not allowing new points at the Amigo Program.

"Card" or "Amigo Card": it is the card to be printed by the Avianca website that identifies the Amigo Member as a member of the Amigo Program.

"Card Category":it refers to the qualifications of the Amigo Member divided into as follows: Bronze, Silver, Gold and Diamond, adding benefits to the Amigo Member, following the rule of each category.

"Account" or "Amigo Account": it is the current account managed by Avianca where the Points acquired and redeemed by the Amigo Member are stored and registered, following the provisions of this Regulation.

"Partner Airlines": they are the airlines, which have entered a partnership agreement with the Amigo Program enabling to earn points and redeeming Amigo Air Ticket, according to the applicable regulation of each category.

"Partner Companies" or "Partner": it is the establishment, service and/or product provider, which keeps an agreement entered with the Amigo Program to offer advantages and/or products to the Amigo Member, as well as to enable to earn points or to redeem products and/or services, according to the applicable rule of each partnership.

"Amigo Number": it is the identification number of the Amigo Member at the Amigo Program.

"Point" or "Amigo Point": it is the unit earned at the Amigo Program arising from the Air Ticket use and/or arising from the acquisition of Partner Company services/products.

"Qualifiable Points": it is the point unit used to qualify the Amigo Member for purposes of change and/or maintenance of the Card Category.

"Program" or "Amigo Program": it is Avianca's loyalty program.

"Regulation": it is this Regulation, which governs the rules of the Amigo Program, duly registered at the 10th Registry Office of Titles and Documents of the Judicial District of São Paulo/SP.

"Avianca Website":it is the website of Avianca available through the following address: www.avianca.com.br.

"Official Taxes": they are the taxes triggering over the air ticket, whether governmental or not, including, but not limited to extra items related to issuance, airport taxes, among others.

2. GENERAL CONDITIONS

2.1. Individuals enrolled at the Individual Taxpayer Register (CPF) at an age equal or older than 02 (two) years old duly registered and accepted at the Amigo Program are allowed to take part of the Amigo Program and shall agree with the rules and conditions of this Regulation and formalize their adherence through the Avianca Website or, further, through the application form, when available at airports, aboard the aircrafts or by other means provided by Avianca, becoming then an Amigo Member.

2.2. After the registration, the Amigo Member declares to agree with this Regulation, the terms of which shall be strictly followed in order to be entitled to the advantages and benefits conferred and that can be checked at any time, through Avianca Website.

2.3. Upon its adherence to the Amigo Program, the Amigo Member authorizes Avianca to provide his data to Partner Companies and/or Partner Airlines in order to be entitled to advantages and benefits of other associated partners to the Amigo Program.

2.3.1. To acquire products and/or services of Partner Companies and/or Partner Airlines, the Amigo Member shall follow the rules defined by them, not having any responsibility of Avianca for such products and/or services offered by these companies.

2.3.2. Avianca reserves the right to create, modify or terminate agreements with Partner Companies and/or Partner Airlines at any time, the modifications of which shall be disclosed to the Amigo Member at Avianca Website and on other communication channels, if so, having the Amigo Member to check any modifications, including on the communication channels provided by Partner Companies and/or Partner Airlines.

2.3.2.1. Any creation, modification and/or termination of agreements with Partner Companies and/or Partner Airlines shall not affect any benefit acquired by the Amigo Member, while those conditions are valid.

2.4. The Points, rewards and other privileges arising from the Amigo Program are property of Avianca and their use can only occur, pursuant to the conditions set forth on this Regulation and/or to the compliance with the rules of each Partner Company and/or Partner Airlines.

2.5. The Points earned, pursuant to this Regulation, are personal and non-transferrable, not being their transfer to third parties allowed at all, including by heritage or succession. Therefore, in case of the Amigo Member's death, the Amigo Account and its respective points as well as any Amigo Air Tickets issued and not flown shall be automatically cancelled.

2.5.1. The Amigo Member is not allowed to carry out any and all kind of marketing of Points, benefits, advantages, bonuses or rewards arising from the Amigo Program, including but not limited to sales, exchanges or swaps, under penalty of being civilly and criminally liable for such acts. The evidence of such practices shall give cause to the prompt cancellation of the Account and its respective existing Points on behalf of that Amigo Member, as well as any Air Tickets issued and not flown.

2.6. The Points, advantages, benefits and rewards of the Amigo Program can be disclosed by Avianca through Avianca website and/or through all means of communication usually adopted by Avianca; however, such criteria can be changed and/or cancelled at any time, provided that the change to the said means is disclosed, according to the financial and sectorial market policy.

2.6.1. Any change and/or cancellation shall not affect any benefit, advantage or reward granted by the Amigo Member, while those conditions are valid.

2.7. The Amigo Member shall always follow the fare rule applied to the Air Ticket acquired, where it shall inform the total Points credited to the Amigo Account, after the Air Ticket is effectively used, being certain that its grant is related to Avianca's financial and economic policy and it can be changed at any time, always following the right already acquired by the Amigo Member.

2.8. Accordingly, the Amigo Member shall always follow the rules set forth by Partner Companies and/or Partner Airlines to be entitled to Points of their redemption due to the acquisition of products and/or services of the said companies, the conditions of which shall be set forth by them.

2.9. The Amigo Member hereby declares, for all legal purposes, the information provided by him are true and correct, being civilly and criminally liable for any mistake, inaccuracy or falsity of his declarations, pursuant to article 299 of the Brazilian Penal Code.

3. AMIGO ACCOUNT

3.1.After the Amigo Program registration, the Amigo Member shall be the holder of only one Account managed by Avianca, where all points earned with the purchase of Air Ticket and/or services and products of the Partner Company shall be credited, following the rules of each acquisition.

3.1.1. In case of Account duplicity, the one which has the Card Category lower or more recent, if the Accounts have the same Card Category, shall be unified and, if there are remaining Points in this Account, they shall be transferred to the Account which remains active.

3.2. The existing Account in the name of legally unable minors shall be under responsibility of their respective legal representatives, following the applicable legislation.

3.3. After the Amigo Program registration, Avianca shall provide, by printing from Avianca Website, the Amigo Card containing the Amigo Number, which shall be informed by the Amigo Member at the time of purchasing the Air Ticket or at the check-in.

3.4. Through Avianca Website, the Amigo Member can access his Account to check his balance, to redeem points, among other features, by using his personal and non-transferrable password and access login, by which the Amigo Member undertakes to protect and conserve it, being liable for its misuse by non-authorized persons.

3.5. The Amigo Member shall inform Avianca, through the Customer Service Department or through Avianca Website, of any change to his registration data, being fully responsible for the information provided and the veracity of documents presented. The Amigo Member is responsible for keeping his registration data updated, especially his e-mail, address and telephone.

3.6. At Avianca's own discretion, some documents evidencing the registration data provided by the Amigo Member can be required, under penalty of prompt interruption of his participation in the Amigo Program until its due regularization.

3.7. The Amigo Member can request the cancellation of his Amigo Account at any time, upon written formalization to Avianca, by e-mail, mentioning the reason for cancellation and sending a copy of the documents requested. When the Amigo Account is cancelled, the Points shall also be automatically cancelled and cannot be reactivated or transferred to third parties..

4. EARNING POINTS

4.1. The Amigo Member shall be entitled to the Points for Air Ticket effectively flown by him, whether in flights of Avianca (operated under code O6) or of Partner Airlines, following the fare rule applied and/or table of Points in force and disclosed by the Amigo Program, at the acquisition of the respective Air Ticket, as well as the Points can be earned by using services and/or purchasing products of Partner Companies, following the rules established and that shall be credited in his Amigo Account.

4.1.1. The Amigo Member shall be entitled to points only as of the effective date of his registration at the Amigo Program.

4.2. To earn the flight points, the Amigo Member shall provide, at the time of booking and/or acquiring the Air Ticket with Avianca and/or Partner Airlines, and /or when acquiring products and/or services of Partner Companies, his Amigo Number, under penalty of the said Points not being credited in his Amigo Account.

4.2.1. The Amigo Member can further identify himself at the time of his flight check-in through his Amigo Number.

4.2.2. In case of any discrepancy between the information provided by the Amigo Member and that registered at the Amigo Program, the points arising from that flight shall not be credited at the Amigo Account.

4.2.3. Avianca reserves the right to return the Points already registered at the Amigo Account if the Air Ticket payment has not been fully made or in other situations certifying the Amigo Member is not entitled to the Points, according to this Regulation.

4.2.4. For the purposes of points, the place of origin and final destination shall be considered, regardless of stops and connections along the trip, considering the total points set forth on the fare rule.

4.3The Points acquired shall be cumulative and are valid for 24 (twenty-four) months and shall automatically cancelled after their validity period is expired.

4.4. The Amigo Member shall not be allowed to transfer his Points to the Account of another Amigo Member nor transfer his Points to another loyalty program.

4.4.1.The Points shall only be credited to the Air Ticket holder after flown, not allowing, under any circumstance, the said credit is made on behalf of third parties.

4.5. In case of any complaint related to any Points not credited at the Amigo Account arising from acquisition of Air Tickets, the Amigo Member shall provide Avianca all data necessary for the location of his departure, such as: airline, date, origin, destination, flight number, time, cabin class, ticket number, booking locator, fare class and fare paid and, if requested by Avianca, also submit the respective proof of flight departure or proof of acquisition of products and/or services acquired through Avianca's Customer Service Department to check if the complaint is founded.

4.5.1. Avianca shall check if the complaint is founded, when related to the Air Ticket of Avianca flights (code O6), within 30 (thirty) days, as of the request, crediting any Points at the Amigo Account, when the complaint is founded, or reporting the Amigo Member, if the complaint is unfounded.

4.5.2. When the complaint arises from Air Tickets of Partner Airlines, the period to check such complaint, when it is founded, shall be the one provided by the said company.

4.5.3. In case of any complaint related to any Points not credited at the Amigo Account due to the acquisition of products and/or services of Partner Companies, the Amigo Member shall make the complaint directly to the Partner Company in order it can check if his complaint is founded and provide Avianca what is required.

4.6. The Amigo Member agrees that any complaint related to the entry of Points in to his Amigo account related to Air Tickets shall be formalized to Avianca after 15 days and within 12 (twelve) months, counted as of the date of departure.

4.6.1. When the complaint is related to the entry of Points arising from acquisition of products and/or services of Partner Companies, the period for complaint shall be the one established by the said company.

4.6.2. After the period for complaint is elapsed, no other associated request shall be accepted.

5. REDEEMING POINTS

5.1. The Points earned by the Amigo Member can be redeemed to issue Amigo Air Tickets, following the existing rules in this Regulation.

5.1.1. The acquisition of Amigo Air Ticket can be made through Avianca Website, at Avianca Stores or through Avianca Call Center, upon confirmation of Amigo Member data.

5.1.1.1. In case of Amigo Air Ticket acquisition in Partner Airlines, the acquisition can be made by the Amigo Member at Avianca Stores or through Avianca Call Center.

5.1.1.2. In case of children under the age of two years old, the Amigo Member shall provide Avianca, at the time of redemption, and the rules in force at that time shall be applied, and in this case, the Amigo Air Ticket can only be issued through Avianca Call Center or at Avianca Stores.

5.2. The Amigo Air Ticket is non-transferable, non-endorsable, and can be issued on behalf of the Amigo Member himself or of third parties nominated by him, following the provision set forth on Clause 2.5.1. above.

5.2.1. In the case of issuing any Amigo Air Ticket on behalf of third parties, through Avianca Stores, the Amigo Member holder of Amigo Account, from which the Points shall be redeemed, shall fill out a form authorizing the issuance of the Amigo Air Ticket on behalf of that third party, and at Avianca's own discretion, other documents evidencing the passsenger's and the Amigo Member's data may be required.

5.3. The points earned by the Amigo Member can further be redeemed to acquire products and/or services of Partner Companies, following the redemption rules established between the Amigo Program and the Partner Companies, which shall be disclosed through Avianca Website and other communication channels provided by Avianca and/or by Partner Companies.

5.4. Avianca can provide "Amigo & Money" Air Tickets, the acquisition of which shall be with the redemption of Points and the payment of fare difference payment practiced at the time of the purchase, following the means of payment provided by Avianca and, further, by the provision set forth on the fare regulation applicable at that time.

5.4.1. For the acquisition of Amigo&Money Tickets, the Amigo Member shall use at least 5.000 points in multiple of 1,000.

5.4.2. The Amigo&Money Ticket is not designed to earn Points at the Amigo Program and can only be issued for Avianca flights (operated under code O6).

5.4.3.The acquisition of Amigo&Money Ticket can be made by the Amigo Member through Avianca Call Center or Avianca Stores, upon confirmation of Amigo Member data.

5.5. Avianca undertakes to provide at least 01 (one) Amigo Air Ticket per flight operated under code O6, for acquisition upon redemption of Points, which shall be provided for sales, if, within 72 (seventy-two) hours prior to the date of departure, there is no search by any Amigo Member.

5.6. The Amigo Member shall be responsible for paying Official Taxes triggering on the Amigo Air Ticket that shall be paid upon its acquisition, following the means of payment provided for that.

5.7. The Amigo Member may, within the validity of the Amigo Air Ticket, request its refund through Avianca Stores or Avianca Call Center, upon the payment of penalties applied and described on the fare rule, the Points of which shall be refunded to the Amigo Account, with the same validity period existing at the time of ticket issuance.

5.7.1. The refund of the Amigo&Money Ticket shall be allowed only for tickets not used and within their validity period, upon the payment of penalties, according to the fare rule, which can be set off with the crediting balance on behalf of the Amigo Member, even if all Points used for the redemption of the Amigo&Money Ticket have already been expired.

6. CARDS CATEGORIES

6.1. The Amigo Program contemplates 04 (four) Card Categories: Bronze, Silver, Gold and Diamond.

6.2. For the classification of Card Categories, the following criteria shall be adopted:

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

6.2.1. Avianca Air Tickets (operated under code O6) shall be considered to calculate the segments flown after effectively flown.

6.2.2. The points earned by the acquisition of products and/or services of Partner Companies and Bonus Points of Card Category, as well as any other bonuses or promotional points are not considered Qualifiable Points for the effect of what is set forth on Clause 6.2. above.

6.3. As of March 30th of 2015, the evaluation for Card Category upgrade, i.e., the one which shall evaluate the change possibility to a Card Category higher than the one established at the time, shall be made on a daily basis, considering the Qualifiable Points or segments flown earned, between January 1st and any date within the same calendar year.

6.4. The benefits arising from the Card Category acquired shall be valid as of the entry date of the Amigo Member in the Card Category, plus 12 months and until March of the subsequent year.

6.4.1. For the purpose of clearing up the rule herein set forth, below are some examples:

Date of the Amigo Member entry in the Card Category  

Period of using the benefits arising from the Card Category acquired.

03/30/2015

03/30/2015 to 03/31/2017

10/18/2015

10/18/2015 to 03/31/2017

12/22/2015

12/22/2015 to 03/31/2017

02/02/2016

02/02/2016 to 03/31/2018

6.5. As of March 31 of 2017, annually on the same date, a reassessment of the Card Category attributed to the Amigo Member at that time, considering the Qualifiable Points and the segments flown earned in the previous calendar year, from January 01 to December 31 ("Calendar Year"), when then the Card Category downgrade or renewal can occur, i.e., following the criteria established on Clause 6.2. above, the Amigo Member can have its Card Category kept or be reclassified to a Card Category lower than the one established at that time.

6.6. Whenever there is any Card Category change or further, Card Category renewal, pursuant to the aforementioned provision, the Amigo Member shall have a new Amigo Card showing the new validity period of that Card Category reached.

6.7. Avianca shall grant benefits and advantages specified to the Amigo Member, considering each Card Category, as a way to motivate the Amigo Member, that shall be disclosed through Avianca Website.

6.7.1. Each Card Category shall be entitled to Bonus Points, which shall be added to the Amigo Account, however they do not make up the Qualifiable Points, for the effects of provisions set forth on Clause 6.2. above, as follows:

a) Bronce: The Amigo Member shall receive the total Points established on the fare rule applied to the Air Ticket acquired, after it is effectively flown;
b) Silver: The Amigo Member shall receive 25% (twenty-five per cent) addition of Points attributed to the Bronze Category;
c) Gold: The Amigo Member shall receive 50% (fifty per cent) addition of Points attributed to the Bronze Category; and
d) Diamond: The Amigo Member shall receive 100% (one hundred per cent) addition of Points attributed to the Bronze Category.

6.8. The Amigo Program may, at any time, launch new Card Categories and/or types, replacing or changing the current versions, upon prior disclosure on Avianca Website, always keeping the benefits and advantages acquired by the Amigo Member until its Amigo Card validity.

7. FINAL PROVISIONS

7.1. Avianca reserves the right to establish promotions and benefits eventually, for a determined term, and may cancel and/or change them at any time, reporting, therefore, such changes on Avianca Website, keeping valid, however, the advantages acquired by the Amigo Member, while the promotion is in force.

7.2. The advantages, benefits, bonuses and rewards arising from the Amigo Program giving cause to the air carriage shall be regulated by Law nº 7.565/86 (Brazilian Aeronautical Code) and other rules set forth by the National Civil Aviation Agency - ANAC.

7.3. Avianca reserves the right to suspend or cancel the Amigo Program at any time, as well as to change it, previously informing such changes on Avianca Website, keeping valid, however, the advantages acquired by the Amigo Member, while the conditions are in force.

7.4. In case of any legal imposition or official regulation, which implies the total or partial suspension or change to the Amigo Program, Avianca shall be exempt from any responsibility before the Amigo Member.

7.5. Neglectful cases not herein set forth shall be directly treated between the Amigo Member and Avianca.

7.6. In case of non-compliance with this regulation by the Amigo Member, Avianca reserves the right to suspend or cancel the respective Amigo Account temporarily or permanently as well as to cancel the use of any advantage, benefit, bonus or reward acquired by him.

7.7. This regulation shall be in force as of March 30 of 2015 and shall be registered before the 10th Civil Registry Office of Titles and Documents of the Capital - São Paulo and shall be valid for an undetermined term, superseding and cancelling all prior versions.

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