Terms and Conditions for Avios in respect of Flybe Flights
In these Terms and Conditions, references to “We” or “Us” or “Our” are references to Flybe and references to “You” or “Your” are references to the Member.
The Avios Travel Rewards Programme (“ATRP”) is a customer loyalty programme offered by Flybe Limited in association and administered by (AGL). We are incorporated under the laws of England. Our registered office is: New Walker Hangar, Exeter International Airport, Clyst Honiton, Exeter, Devon EX5 2BA . Company No. 02769768.
These Terms and Conditions (as amended from time to time) set out the relationship between You and Us in relation to Your Membership of ATRP and will apply to You each time You collect Avios on an Eligible Flybe Flight or spend Avios on a Flybe or Franchisee flight.
In addition to these Terms and Conditions, the Avios Terms and Conditions and General Conditions of Carriage also apply and You agree to be bound by them. You should read these Terms and Conditions carefully in conjunction with the Avios Terms and Conditions which can be found at www.avios.com. In the event of conflict between the Terms and Conditions, the General Conditions of Carriage and/or the Avios Terms and Conditions, the Avios Terms and Conditions will prevail.
Whilst all of these Terms and Conditions are important to You, We would draw Your attention in particular to Clause 8 (Data Protection) and Clause 9 (Limits and Exclusions on Our liability). You should note that these Terms and Conditions contain some exclusions, and limitations on Our potential liability to You.
If any provision of these Terms and Conditions is declared void or unenforceable by any competent authority or court, the part that is deemed void or unenforceable shall be severed and shall not affect the other provisions of these Terms and Conditions which shall continue to apply unaffected.
We make no representations as to any income, use, excise or other tax liability that You may incur as a result of Your Membership. You are advised to check with Your accountant or tax adviser in relation to such potential liabilities and We shall not have any liability to You for any tax that You incur as a result of Your Membership.
The Terms and Conditions published on Our website shall be the most up to date version of the Terms and Conditions at any given time. Please ensure You check the Terms and
Conditions on Our website prior to making any bookings or in relation to any queries You may have in relation to ATRP.
We reserve the right to vary, amend or modify these Terms and Conditions at any time in accordance with clause 6.
Nothing in these Terms and Conditions shall limit your statutory rights.
These Terms and Conditions and any dispute or claim arising out of or in connection with these Terms and Conditions or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. You irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any such disputes or claims arising out of or in connection with these Terms and Conditions or their subject matter or formation (including non-contractual disputes or claims).
In these Terms and Conditions, unless the context otherwise requires the following words and phrases shall have the meanings given to them in this clause:
“AGL” means Avios Group (AGL) Limited, a limited company registered in England (registered number 2260073 and VAT number 512566754) whose registered address is Astral Towers, Betts Way, London Road, Crawley, West Sussex RH10 9XY
"ATRP" means the Avios Travel Rewards Programme operated by AGL to which Members earn Avios and spend them on products set out on www.avios.com (as amended from time to time);
“ATRP Balance” means the total Avios collected across the ATRP, held by AGL;“ATRP Number” means the membership number for the Avios account held in the Member’s name;“Avios” means points issued by AGL in accordance with the ATRP;
“Avios Terms and Conditions” means the terms and conditions applicable to the ATRP as amended from time to time on www.avios.com and any additional terms shown on the Flybe page of Avios.com/Flybe;
“Booker” means the person making the booking for Flybe or Franchisee flights using a Member account which may or may not be their own;
“Dependant” means the child or children of a Member who is between the ages of 2 and 18 years of age;
“Eligible Flybe Flight/s” means a BE coded flight on one of our planes or on a flight operated by Loganair Limited and Blue Islands Limited under a franchise agreement with Flybe or such other operators as amended by Flybe from time to time
“Flybe” means Flybe Limited, New Walker Hangar, Exeter International Airport, Clyst Honiton, Exeter, Devon EX5 2BA . Company No. 02769768
“Franchisee/s” means independent airlines other than Flybe that use the Flybe’s branding and flight codes or otherwise operates flights under a franchise agreement with Flybe including Loganair Limited (registered in Scotland with company number SC170072), and Blue Islands Limited (registered in Alderney no.1344), and Stobart Air (whose head office is in Dublin) or such other operators as amended by Flybe from time to time;
“Fraud” means fraud, dishonesty and deceit and in particular:
knowingly supplying incorrect information to Us;
altering documents to procure ATRP Balances or entitlements;
knowingly benefiting from the Fraud of another Member or individual;
“One way”means the part of the journey from either the origin airport to the destination airport or from the destination airport returning to the origin airport including any transfer provided the passenger does not leave the airport at point of transfer and provided all flights in this section of the journey are Franchisee or Flybe flights;
“General Conditions of Carriage” means the Flybe or Franchisee conditions of carriage as published by the applicable airline operator and as amended by them from time to time;
“Infant” means the child or children of a Member who is between 0 and 2 years of age;
“Member” means the person who is a member of the ATRP who is resident in the UK, Channel Islands or the Isle of Man;
“Membership” means membership of ATRP;“Terms and Conditions” means these Flybe terms and conditions relating to the ATRP loyalty programme offered to Flybe customers;
“UK Airline Passenger Duty” means the Her Majesty’s Revenue and Customs (“HMRC”) government imposed tax levied against each chargeable passenger on chargeable aircraft for every flight departing from the UK subject to such rules as HMRC shall impose from time to time https://www.gov.uk/government/publications/rates-and-allowances-excise-duty-air-passenger-duty/rates-and-allowances-excise-duty-air-passenger-duty
To apply for Membership of the ATRP you must apply online at www.flybe.com/avios.
Membership is only available to UK, Isle of Man and Channel Islands residents.
You must be aged 18 or over to apply for Membership.
Membership of the ATRP in relation to Eligible Flybe Flights and Franchisee flights is subject to these Terms and Conditions and the Avios Terms and Conditions which can be found at www.avios.com.
Membership of the ATRP is only available to private individuals. Companies, partnerships, limited liability partnerships, associations, and other business entities are not eligible for Membership.
Notwithstanding the other provisions of these Terms and Conditions, We and AGL retain absolute discretion (which we will exercise reasonably) to accept or reject any application for Membership. We also retain absolute discretion to suspend or terminate any participation in ATRP in relation to the provision of Eligible Flybe Flights or Franchisee flights following:
the commission of a Fraud, or reasonable suspicion of Fraud;
the commission of misconduct, including but not limited to:
failure to comply with these Terms and Conditions and/or the rules that apply to all Eligible Flybe Flights or Franchisee flights and/or the General Conditions of Carriage and/or the Avios Terms and Conditions;
misuse of the ATRP in seeking to obtain Flybe Flights fraudulently; or
the use of threatening, abusive or insulting language or behaving in a threatening, abusive or insulting manner when dealing with any Flybe staff members or staff members of Our nominated agents or representatives or Franchisees.
It is your responsibility to ensure that Your Membership details are kept safe and up-to- date.
Full details of the ATRP, the way in which you can earn Avios and the redemption of Avios can be found in on www.avios.com.
Your accrued Avios can be used to make Flybe or Franchisee flight bookings in accordance with these Terms and Conditions and General Conditions of Carriage. For full details of Eligible Flybe Flights on which you can earn Avios, please refer to clause 3. For details of which Flybe and Franchisee flights you can part pay for using Avios, please refer to clause 4.
Members will earn Avios on all Eligible Flybe Flights on the total amount of the fare plus applicable ancillaries at the prevailing rate at time of transaction as follows:
Two Avios per £/€ spent on Total Ticket Value excluding government charges and taxes on ‘Just Fly’ flight completed;
Two Avios per £/€ spent on Total Ticket Value excluding government charges and taxes on ‘Get More’ flight completed;
Four Avios per £/€ spent on Total Ticket Value excluding government charges and taxes on ‘All In’ flight completed.
You may be able to earn Avios on other Avios partner flights separately. These are not managed by Flybe and need to be booked via the Avios website and are subject to the Avios Terms and Conditions and those airlines terms and conditions.
Eligible Flybe Flights are listed below and subject to change by Flybe from time to time. In the event of any change to the list of Eligible Flybe Flights, we will post any changes to the list on our website, www.flybe.com:
Complete flown bookings
Full Avios redemption bookings
Hold luggage purchased via Flybe.com from 04/03/2015. (For flight bookings made via flybe.com only)
Flybe Flex purchased via Flybe.com from 04/03/2015. (For flight bookings made via flybe.com only)
Ticket refund admin fee
Pre-assigning a seat purchased via Flybe.com from 04/03/2015. (For flight bookings made via flybe.com only)
Official change/penalty duty fee denoted OD collected on GDS bookings
Extra legroom seats purchased via Flybe.com from 04/03/2015. (For flight bookings made via flybe.com only)
No show bookings
Just Fly, Get More & All In Fares - net of Government charges and taxes (e.g. Air Passenger Duty), inclusive of UB (passenger service charges)
Unaccompanied minor (UMNR) bookings
Fares purchased in GBP & Euro
Under 18s - children/infants
Group bookings - at point of purchase
or via customer services Missing Avios Process. Retroactive allocation not possible via flybe.com 'Your Account'
GDS bag fares
Flights not marketed by Flybe. Tickets issued on BE ticket stock.
Contact centre bookings
Staff duty travel and standby leisure bookings
Unpublished fare ticket where IT, BT or bulk appear in the same box
Promotional code bookings
Taxes and charges (Air Passenger Duty): GB,FR,HB,IT,IZ,KV,LQ, OY,QD,YF,YO
Refunds/part refunded by customer relations
Dynamic currency conversion (DCC) - All other currency bookings apart from GBP, Euro
Part Pay with Avios bookings
Return leg cancelled (One Way) - if a customer has a return flight cancelled and rescheduled and then the customer chooses not to return on the new flight, Avios will not be applied. Flybe customer service team to credit Avios if the customer calls customer services - not auto applied to account
Fare differential - if the fare is changed post-booking, the fare at time of travel, irrespective of movement, will be awarded against
UK, Isle of Man & Channel Island Residents
Airport/station bookings - any product
BE marketed flights only
Airport/station bookings - any product
Loganair & Blue Island operated flights
Price lock down
Air France codeshare flights between Birmingham to Paris Charles De Gaulle and Manchester to Paris Charles De Gaulle ONLY where these are on a BE flight number
Ticket change fees
Contact centre booking fee
Other airlines mix bookings (interline) – from 04/03/2015
Non-UK, Channel Islands or Isle of Man residents
Payment fees/credit card charges
Booking.com hotel bookings
Car parking (inventive IT)
Avios can be earned by You for the flights You complete personally, regardless of who purchased Your ticket.
If your flight is delayed or cancelled due to Eligible Flybe Flight operator’s action and You do not accept an alternative flight and so do not travel Your Avios will still be allocated subject to you contacting Flybe customer services.
You cannot earn Avios for any other adult passenger travelling with Flybe.
Infants and Dependants are not eligible to earn Avios.
If you book your Flybe flight through Your Flybe online customer account, You must enter your ATRP number and, if the name of Your account matches the name You have booked in, in order for Your Avios to be automatically allocated to Your Membership account within 30 days of completing Your Eligible Flybe Flight.
If you are not able to supply your ATRP Membership Number to Flybe at the time of booking, you can claim your Avios by following the ‘Claim Avios’ process within the ‘Your Account’ functionality of Flybe.com.
At certain times we may offer additional promotional Avios to Members for certain flights or routes. Such offers are temporary and we reserve the right to modify or eliminate such offers at any time without notice.
Avios can be earned for any revenue booking created through any distribution channel including online, Shares, Galileo, Sabre, Amadeus and Worldspan.
In cases of dispute about entitlement to earning of Avios, we may require proof of travel on the relevant Eligible Flybe Flight including the retained segment of your boarding pass and passenger receipts for the Eligible Flybe Flight claimed to have been flown.
If you believe that you are due to be awarded Avios for a recent flight that have not been deposited to your account within 30 days of completing your Eligible Flybe Flight, you can contact the Flybe Customer Service team for investigation. You have up to 40 days from completing their Eligible Flybe Flight to query your Avios application. In the event that you do not make a claim within the specified period, any Avios that are not claimed will be lost.
Without prejudice to clause 3.2 flights taken on carriers other than Flybe, non-revenue flights, service charged flights, flights sold as part of a tour operator inclusive package and staff duty or standby tickets are not Eligible Flybe Flights.
For full details regarding the validity and expiration of Avios please refer to the Avios Terms and Conditions which can be found at Avios.com.
Members can use their Avios to part pay towards the total price of selected Flybe or Franchisee flight bookings made on Flybe.com’s UK site. However, if Members wish to pay in full for their flight using Avios they must book a flight using the Avios website.
Bookings made with this payment option will be subject to the applicable Flybe or Franchisee standard fare rules associated with the fare purchased.
Provided that the Booker or at least one person on the booking is a Member Avios can be used to part pay for bookings made via Flybe.com’s UK website. Avios can only be used to part pay for a booking using the Flybe.com UK website. Avios cannot be used to pay towards flights booked through the Flybe Call Centre, travel agents nor any other channel.
For the avoidance of doubt, a One Way journey is for example Exeter to Amsterdam, or Guernsey to Manchester via transfer at Exeter each of which counts as ‘One Way’, a return journey is two One Way journeys for example Exeter to Amsterdam to Exeter. Part payment options above are applied per person against the booking. A Member may only use the part payment option to part pay towards the total cost of the booking for all passengers provided they have enough Avios available and the passengers are eligible. For the avoidance of doubt passengers under two (2) years’ of age are not eligible.
Flybe reserves the right to alter the applicable Avios payment rates at any time (but this will not apply to bookings already made before such change is made).
When the Booker makes a booking using Avios, the Booker must make the relevant payment for the ticket. The applicable part pay Avios will be debited from each applicable Member’s ATRP Balance in respect of the total Avios used for all applicable passengers on the part payment booking. Members have the possibility of using Avios to part pay for one way or return fares.
Avios will be redeemed against the flights part of the booking and not ancillaries including but not limited to car hire, car parking, travel insurance etc.
Avios part payment may be used in conjunction with other promotional offers, unless expressly stated otherwise.
Subject to, and in addition to, the applicable Flybe or Franchisee General Conditions of Carriage and the Avios Terms and Conditions the following refund rules will apply to bookings made in accordance with clause 4:
when Avios have been used as part payment, the Avios will be refundable only where the fare or part of the fare is refundable;
any Avios used to part pay for the booking will be credited first and will be credited to the Member account used to make the booking up to the value of the original Avios used as part payment within 30 days from the date the refund is issued;
after the Avios have been refunded in accordance with clause 5.1.2, any remaining cash due shall be refunded in whatever form such payment was made and to the person who made the payment;
any cash refunds due shall usually be made in the currency made to make the booking;
booking fees and/or any credit card fees charged during the booking process are non- refundable, unless the booking is cancelled within 24 hours of the booking being made;
refunds shall only be due on any changes, cancellations, or amendments made up to 24 hours before the scheduled flight is due to depart, any bookings made within 24 hours of the scheduled flight departure shall not be entitled to a refund;
any additional taxes, charges or fees imposed by government, other authority or the operator of an airport which you are required to pay at the time of your booking are non- refundable;
any tax redemption on unused tickets will incur a £25.00 (EUR34.00) administration fee per person per sector.
If UK Airline Passenger Duty has been paid on the booking and the individuals booked do not fly on the Flybe or Franchisee flight those passengers will be entitled to claim a refund of any applicable government imposed UK Airline Passenger Duty paid in accordance with the applicable General Conditions of Carriage.
In addition to clause 5.1 and 5.2, Flybe uses the following refund rules when determining if a refund is due:
if a Flybe or Franchisee flight is schedule changed with a time difference greater than 2 hours than that shown on the original booking, a refund of the part of the booking that is affected may be made;
on a same day return Eligible Flybe Flight, if the flight has been delayed for more than 3 hours One Way on the outward or inward journey, a refund of the part of the booking that is affected may be made;
on a same day return Loganair Limited flight, if the flight has been delayed for more than 2 hours One Way on the outward or inward journey, a refund of the part of the booking that is affected may be made;
if any applicable Flybe or Franchisee flight is delayed by more than 5 hours from the scheduled departure time One Way, a refund of the part of the booking that is affected may be made;
if a Flybe or Franchisee flight is cancelled due to schedule cancellation or disruption cancellation, a refund of the part of the booking that is affected may be made;
if a passenger named on the booking has passed away, a refund shall be available for that passenger’s part of the booking, and any other passengers documented on the same booking reference who need to cancel their booking are also entitled to claim a refund, in these circumstances Flybe shall determine at its sole discretion whether to allow changes within the 24 hours before the scheduled flight is due to depart;
if Flybe determines at its sole discretion that the booking is a duplicate at least 24 hours before the date of travel (for example if everything on the booking is identical including but not limited to the names of parties travelling, method of payment, email addresses, itinerary and booking channel), the duplicate booking shall be cancelled by Flybe and a refund of any additional Avios may be made;
The above list is not exhaustive and Flybe shall be entitled to use its discretion to apply other refunds as it shall so determine.
Any applicable refunds shall be made to the person presenting themselves as the Booker. Flybe shall be entitled to rely on such representation without further enquiry provided the Booker presents/uses a booking reference or other booking documentation provided by Flybe to confirm the booking made and there is no reason to believe is not the Booker. Such refund shall be deemed a proper refund and shall discharge Flybe from liability and any further claims by the Booker, Member, or any other passenger on the booking.
Flybe Termination or Modification of Participation in the ATRP
We may terminate Our participation in the ATRP at any time. We shall however use reasonable endeavours to give You not less than 3 months’ notice of such termination.
We reserve the right at any time and at Our sole discretion to vary, modify, amend or suspend the participation in the ATRP and to impose any variations on these Terms and Conditions, the use of Avios against Flybe or Franchisee flights, or the accrual levels required for Eligible Flybe Flights. We will provide you with as much notice as is reasonably practical of any such changes either directly or via www.flybe.com. Once notice of such modification, amendment, or suspension has been published on www.flybe.com or otherwise given, Your continued participation with the ATRP as offered by Flybe shall be deemed to constitute Your acceptance of it. If you do not accept the changes to Our Terms and Conditions then You may terminate Your Membership in accordance with the Avios Terms and Conditions.
Your right to terminate Your Membership
Your right to terminate Your Membership of the ATRP is detailed in the Avios Terms and Conditions on www.avios.com.
Us creating, maintaining and updating a database of personal data regarding Your Membership (“Data”);
Your Data being shared with selected third party organisations including Franchisees, Our agents of representatives in the provision of the ATRP (including, but not limited to, Our subsidiaries) and AGL including their respective employees, agents and contractors;
where appropriate, to prevent crime, to verify Your identity and/or to recover debt, Your Data being transferred to debt recovery agencies, fraud prevention agencies and other relevant organisations.
Data may include:
Membership data including (without limitation) any data relating to Your Membership, data relating to Your use of the ATRP and/or Our other products and services;
data received from their party organisations that are Our agents or representatives in the provision of the ATRP; and
any personal data supplied by You;
Data will be held, updated and used:
to provide services offered generally as part of the ATRP and/or Flybe Flights;
to develop new services (both as part of the ATRP and as part of Our general commitment to improve Our services to Our customers);
to enhance Our customer service;
for marketing and market research purposes;
for fulfilment, delivery and arrangement of any booking;
to send mailings to Members including (without limitation) promotional offers relating to the ATRP and information about other products and services that We offer from time to time; and
to permit selected third parties to provide you with information about goods or services we feel may interest you and to arrange fulfilment, delivery and arrangement of any booking. If you do not want us to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data (the application form); and
for Our audit and administrative purposes and to allow Us to investigate any complaint or suspicion of Fraud or misuse of Your Membership and to take appropriate action in accordance with these Terms and Conditions.
Your consent under this clause 8 will continue until You write to Us at Flybe, New Walker Hangar, Exeter International Airport, Clyst Honiton, Exeter, Devon EX5 2BA notifying Us otherwise. Withdrawal of Your consent may mean that certain services and benefits may no longer be provided to You.
Under the Data Protection Act 1998, You have the right to apply in writing for a copy of certain personal records that We hold about You. The current fee is £10 per request from each individual.
Limits and exclusions on Our liability
We shall not be liable for any loss, delay, damage or injury which occurs in connection with Your Membership or the use or redemption of Your Avios, except for any such loss caused by Our own negligence, breach of contract or wilful default.
Our sole liability to You in the event of Our negligence, wilful default, breach of contract or for any other matter, shall be limited to the value of the Avios equal to the amount that would have been earned or that You have spent, in connection with which the matter occurred.
Nothing in these Terms and Conditions shall seek to exclude or limit Our liability for death or personal injury caused by Our negligence nor liability for fraud or fraudulent misrepresentation or any other matter for which liability cannot be lawfully excluded or limited.
Without prejudice to clause 9.2, We expressly exclude any liability for:
any indirect loss, claim, damage or any punitive, special, consequential or incidental damages of any nature;
any loss of profit (whether direct or indirect), whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is connected in any way with Your Membership and participation in the ATRP.
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