FLYGABON CLUB LOYALTY PROGRAM TERMS AND CONDITIONS

This document constitutes a contract between FLYGABON (hereinafter referred to as "FLYGABON" or the "Company") and each Member (as defined below). It governs the terms and conditions of participation in the FLYGABON "Le Club" Loyalty Program.

Any membership or use of the benefits of the Program constitutes unreserved acceptance of these Terms and Conditions (the "Terms and Conditions").

TITLE I: DEFINITIONS AND GENERAL PRINCIPLES OF THE PROGRAMME

Article 1.1: Definitions

Unless explicitly stated otherwise, the following terms and expressions used in these Terms and Conditions are defined as follows:

Term

Definition

Accumulation Activity

Any permitted transaction that allows the Member to earn Le Club Points or Miles under the Program.

Extension Activity

Any Earning Activity that has the effect of extending the validity period of the accumulated Miles or Le Club Points.

Award Ticket

Airline ticket obtained mainly by redeeming Miles or Le Club Points.

Membership Card (or Card)

The identification medium (physical or digital) issued by FLYGABON after validation of membership, attesting to participation in the Program.

Customer Service Center

The department designated by FLYGABON to provide assistance and management of services related to the Program.

Communication The Club

All information, media and communications (brochures, letters, website, etc.) distributed by FLYGABON concerning the Programme.

Date of Membership

The date on which the eligible membership application is duly submitted and validated by FLYGABON.

Accrual Date

The date on which Le Club Points are actually credited to the Member's account for a service or product provided by FLYGABON.

Date of First Activity

The date the Member registered the first Accumulation Activity after Membership.

Date de Qualification

Either the First Activity Date or the first day of a new Qualification Period.

Active Member

on a given date, means a Member who has earned or used Le Club Points (excluding any transfer of Le Club Points between them and an eligible Family Member) to their membership account during the 18 consecutive months preceding that particular date

Member

The natural person, identified by a membership number, is the only person authorized to benefit from the benefits and services of the Program.

Miles

Loyalty units earned primarily on Qualifying Flights and other point-generating activities. Miles can be redeemed for awards and are used for status determination if necessary.

Password

The personal and confidential authentication code giving access to the Member's personal account.

Promotional Offers

Special and temporary offers to offer  additional Miles or Club Points and/or Awards for a reduced number of units.

Qualification Period

The qualifying period for the assessment of status, commencing on the Qualification Date and extending for a maximum of twenty-four (24) full calendar months.

Points Le Club

Loyalty units accumulated primarily through transactions on the ground or with Partners. Le Club Points can be redeemed for Rewards and are, where applicable, used for status determination.

Premium

Any benefit obtained by redeeming Miles or Le Club Points, including, but not limited to, Award Tickets and Upgrade Awards.

Upgrade Award

The Award allows the Member to travel in a higher class of service than the one originally paid.

Program

FLYGABON's "Le Club" loyalty program.

Activity Statement

The detailed transaction history of Miles and Le Club Points on the Member's account.

Qualifying Flights

Flights operated with FLYGABON that allow the accumulation of Miles.

Article 1.2: Contractual Relations and Legal Framework

1.2.1 Purpose and Scope

These Terms and Conditions govern the agreement between FLYGABON and each Member. The Program is designed to reward frequent flyer loyalty. Only the Member designated on the account can enjoy the benefits and services of the Program.

1.2.2 Applicable Law and Carriage Convention

All FLYGABON flights are governed by the Company's General Conditions of Carriage, available on www.flygabon.online, as well as by the applicable international conventions (in particular the Warsaw Convention or the Montreal Convention).

1.2.3 Changes to the Program and Terms

FLYGABON reserves the right to modify, amend, cancel or replace the Program, the General Terms and Conditions, the structure for the accumulation and use of Miles or Club Points, Rewards, as well as associated Partners.

Any changes will be communicated to Members in writing (e-mail, notification on the website, SMS, etc.) within a reasonable period of time. If a Member does not agree to the changes, he/she is entitled to terminate his/her membership in accordance with Article 1.2.4. Your continued use of the Program after notice of the changes constitutes acceptance of the changes.

1.2.4 Termination of Membership

1. By the Member: The Member may terminate his/her membership at any time by written notice to the Customer Service Center.
2. By FLYGABON: FLYGABON may terminate the contract by written notice in the event of the Member's breach of these General Terms and Conditions, misrepresentation, or fraud (Article 1.4.9). FLYGABON also reserves the right to terminate membership in the event of prolonged inactivity (Article 1.2.6).

The General Terms and Conditions continue to apply for the settlement of the account after the end of the contractual relationship.

1.2.5 Consequences of Termination

1. Termination by the Member or Inactivity: The Member has six (6) months from the date of receipt of the cancellation request or until the date of validity of the Miles and Le Club Points (whichever comes first) to use his/her accumulated units. After this time, all unused units will expire.
2. Termination for Default/Fraud: In the event of termination by FLYGABON for breach or violation (including fraud), all Le Club Miles and Points will expire immediately and without notice upon issuance of the notice of termination.

1.2.6 Termination for Extended Inactivity

If a Member does not register any Accumulation Activity or use of Miles or Le Club Points for a period of three (3) years, or if there is no Accumulation Activity within two (2) years of membership, FLYGABON reserves the right to unilaterally terminate the membership.

1.2.7 Termination of the Program

FLYGABON will endeavour to inform Members of the eventual permanent termination of the Programme to the extent possible within the reasonable notification period provided for in Article 1.2.3.

Article 1.3: Membership and Member Account

1.3.1 Eligibility and Procedure

The Program is open to individuals two (2) years of age and older, subject to local laws and parental or guardian authorization for minors. The application for membership is individual and is made online, implying the express acceptance of these General Terms and Conditions.

1.3.2 Single Account

Only one account per Member is allowed. In the event of duplication, the account with the lowest balance of Miles or Club Points will be cancelled, and the valid units will be transferred to the other account.

1.3.3 Responsibility and Account Access

Each Member is provided with a Membership Number and Password which are strictly personal and confidential. The Member is solely responsible for the use of his/her Password, the restriction of access to his/her connection equipment, and assumes responsibility for any operation carried out from his/her account. Loss or theft of the Membership Card must be reported immediately to the Customer Service Center. FLYGABON declines all responsibility in the event of fraudulent use if the Member has not complied with this reporting obligation.

1.3.4 Accuracy of Information and Communication

The Member guarantees the accuracy, completeness and updating of all the information provided (address, email, etc.) and undertakes to inform FLYGABON without delay of any changes. By joining, the Member agrees to receive The Club Communication, which is an integral part of the Program.

Article 1.4: Status, Validity and Benefits

1.4.1 Statuses and Levels

The Member's status is determined by the number of Miles or Le Club Points accumulated during the Qualification Period.

• Status Escalation: If the threshold for the higher status is reached, the status is updated immediately.
• Maintain or Degrade: At the end of the Qualification Period, the status is adjusted (maintained or demoted) based on the units accumulated.

1.4.2 Validity of Miles and Le Club Points

For Active Members 18 years of age and older:

• Le Club Miles and Points are valid for two (2) years.
• They are extended by two (2) years following any Extension Activity (Accumulation or use, excluding family transfers).
• Only Miles and Le Club Points accumulated before the last Extension Activity are extended. Units without an Extension Activity after two (2) years will be cancelled.

1.4.3 Availability of Premiums and Modifications

FLYGABON will endeavour to ensure the availability of the Awards and benefits presented. However, FLYGABON or its Partners may unilaterally limit the number of Rewards available (blackout dates, local adjustments). All Rewards are subject to change and availability.

1.4.4 Promotional Offers

FLYGABON reserves the right to offer targeted Promotional Offers. These offers are generally not cumulative, and the most advantageous offer for the Member will be applied.

Article 1.5: Non-Assignment and Compliance

1.5.1 Non-Assignment and Monetary Value

The Club account, status level, Miles, Le Club Points and Awards are non-transferable and may not be sold, exchanged or transferred, whether for a fee or free of charge, including to another Member or a third party's account.

Miles and Awards have no cash value and cannot be exchanged for cash.

1.5.2 Breach, Sanctions and Remedies

Any breach of these Terms and Conditions, abuse of the Program (including non-compliance with policies), sale or barter of Awards, misrepresentation, or inappropriate behavior (harassment, indiscipline) may result in:

• Immediate account termination and future disqualification from the Program.
• The loss of all accumulated Miles or Le Club Points.
• Cancellation of Premiums written but not used.
• Payment by the Member of the applicable full fare for any segment misused.

FLYGABON reserves the right to take any legal action it deems necessary.

1.5.3 Professional Restrictions

Employees or managers, as well as their dependents, of airlines, travel agencies or tour operators, may not earn Miles or obtain Awards for FLYGABON services purchased at special, discounted or professional rates.

TITLE II: ACCUMULATION OF MILES AND CLUB POINTS

Article 2.1: Accumulation Rules

2.1.1 Credit Principle

Miles or Le Club Points are credited to the Member's account when the Member's membership number was provided at the time of booking and travel, regardless of who paid for the service.

The Member must actually travel to earn Miles or Le Club Points (Obligation to Fly Personally). No units will be awarded for unused, confiscated, fraudulent, lost, expired or refunded transactions or tickets.

Additional services Some additional services, such as extra baggage allowance and other services, can be obtained with miles and are always subject to the airline's terms and conditions. Access to these services may vary depending on the route, airline, aircraft configuration and availability. 

2.1.2 Eligibility

Only Qualifying Flights and services or products designated by FLYGABON allow accrual. Accrual may be reduced or excluded for certain booking classes, fare types (excluding Award Tickets, Preferred Fares, Free or Non-Commercial Tickets) or flight numbers.

In the event of an upgrade, Miles will be credited based on the original fare paid.

2.1.3 Error correction

The Member is responsible for verifying the accuracy of the credit on his account. FLYGABON reserves the right to debit the account of any Member who has accumulated units in an undue manner in the event of an error.

2.1.4 Retroactive Credit Requests

Retroactive credit requests must be submitted within three (3) months of the flight or transaction. The Member is required to keep any supporting documents (boarding passes, receipts) that may be required by FLYGABON.

TITLE III: USE OF LE CLUB MILES AND POINTS FOR AWARDS

Article 3.1: Application for a subsidy

3.1.1 Authorization and Procedure

Only the Member is entitled to apply for a Reward, for himself or for any person designated by him (beneficiary), subject to the General Terms and Conditions. The necessary Miles or Club Points will be debited from the Member's account as soon as the request is processed, in accordance with the applicable scale.

3.1.2 Fees, Taxes and Travel Documents

The Member or beneficiary is responsible for the payment of all applicable taxes, service charges, royalties and/or surcharges related to the issuance, modification, cancellation or use of an Award. The Member is also responsible for obtaining the necessary travel documents (visas, insurance, etc.).

3.1.3 Award Tickets: Validity and Changes

• Validity: Award Tickets are valid for twelve (12) months from the date of issue, except for Promotional Offers.
• Modification/Cancellation: Any voluntary change to the journey before the departure of the first segment is possible under conditions and involves the cancellation of the original ticket and the issuance of a new ticket. Once the trip has begun, only future unused flights can be refunded.
• No-show: In case of no-show, FLYGABON's fare rules apply.
• Tax Refund: If an unused Award Ticket has expired, the Member is entitled to a refund of taxes and airport fees related to actual boarding, upon request.
• Power of attorney: If Award Tickets are issued at FLYGABON counters, Members must present their Card or membership number. If the person collecting the Award Ticket is not the Member himself/herself, that person must present, at the time of surrender of each ticket and in addition to the Member's Card (or a copy thereof), a proof or identity document of the Member and a certificate signed by the Member, bearing his/her original signature and authorising such delivery. This procedure may be modified or suspended at any time by the Company
• Change of Beneficiary: A change of beneficiary is not permitted.

To travel with a child under the age of two (2), the adult travelling on an Award Ticket will be required to make a reservation for the infant with the airline on which the Award Ticket is issued, at the applicable fare conditions of that airline.

3.1.4 Upgrade Awards

Only one Upgrade Award (one cabin class) is possible per flight. It can only be requested on the airline's eligible flights and requires an initial ticket issued and confirmed at full fare.

TITLE IV: DATA PROTECTION AND AUDIT

Article 4.1: Processing of Personal Data

All Personal Data regarding Members' participation is processed and used only for the purposes necessary for the implementation of the Program, in accordance with applicable data protection legislation. The information may be exchanged confidentially between FLYGABON and its Partners for the operation and direct marketing (subject to the Member's consent).

Article 4.2: Right to Audit and Suspension

FLYGABON reserves the right to audit all accounts at any time, without prior notice. If an audit reveals irregularities or violations, FLYGABON may temporarily suspend the processing, accrual and use of Le Club Miles and Points, as well as access to the benefits of the Program, until the irregularity is satisfactorily resolved. FLYGABON reserves the right to exchange information with Partners for audit purposes.

TITLE V: LIABILITY, EXCLUSIONS & MODIFICATIONS

Article 5.1: General Exclusions of Liability

FLYGABON shall not be liable for any damage, death, delay, injury or loss resulting from the services, Awards or benefits provided, except in the event of negligence or intent to harm on its part (subject to applicable carriage agreements).

The Member may not make a claim for damages as a result of restrictions imposed by local law or the termination/modification of the Program (Article 1.2.3).

Section 5.2: Exclusive Remedy for Error

If FLYGABON wrongfully refuses to credit Miles, Awards or other benefits, the Member's exclusive remedy shall be limited, at the Member's option, to:

1. The issuance of wrongfully declined miles, awards or benefits (if available).
2. The granting of a comparable and reasonable benefit as determined by FLYGABON.
3. Re-crediting of Miles or Le Club Points spent.

Article 5.3: Indemnification

The Member is responsible for fully indemnifying FLYGABON against any claims by third parties (including Partners and tax authorities) arising out of or related to his/her participation in the Program. The Member acknowledges that FLYGABON does not accept any responsibility for Rewards and benefits offered by Partners.

Article 5.4 Right to Modify

FLYGABON may make changes (whether substantial or not) to the Program, these Terms and Conditions, the Awards or Benefits offered, as well as the Fare Schedule. These changes may include, but are not limited to:

1. The modification of: (i) The method of obtaining and using Le Club Miles or Points. (ii) The scales for earning and using Miles or Le Club Points, and Eligible Flights. (iii) Restricted Flight Reward periods or periods of unavailability of bookings. (iv) Limitations on the number of Award Tickets or Upgrade Awards available on specific flights. (v) Rewards or Benefits offered, including their continued maintenance. (vi) Restrictions or conditions relating to Rewards. (vii) Restrictions or conditions relating to status credits. (viii) The criteria and benefits associated with membership levels. (ix) Ticketing procedures. (x) Issuance, service and other fees. (xi) The expiry date of the accumulated Miles or Le Club Points.

Article 5.5 Coming into Force

Changes will take effect on the date specified in the Terms and Conditions. We commit to making every effort to notify Members of these changes.

These Terms and Conditions are effective as of the Updated Date set forth above. The Member is invited to consult them regularly.