HomeSpend And FlyTerms Spend&Fly Terms and Conditions 1. General 1.1 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. 1.2 Spend&Fly is a customer loyalty programme offered by Flybe Limited. We are incorporated under the laws of England. Our registered office is: New Walker Hangar, Exeter International Airport, Clyst Honiton, Exeter, Devon EX5 2BA 1.3 The Flybe Credit Card is issued by Creation Financial Services Limited, Chadwick House, Blenheim Court, Solihull, West Midlands, B91 2AA, authorised and regulated by the Financial Conduct Authority.. Use of the Flybe credit card shall be subject to the credit card terms and conditions issued by Creation Financial Services Limited from time to time. Further information and full details of the credit card terms and conditions can be found at https://apply.creation.co.uk/apply/index.html?brandCode=flybe 1.4 These Terms and Conditions (as amended from time to time) set out the relationship between You and Us in relation to Your Membership of Spend&Fly and will apply to You each time You spend on Your Flybe credit card in relation to the redemption of Bonus Flights under the Spend&Fly programme. 1.5 You should read these Terms and Conditions carefully in conjunction with Your Flybe credit card terms and conditions. By accepting these Terms and Conditions and arranging travel through Spend&Fly You also agree to be bound by Flybe’s General Conditions of Carriage 1.6 Whilst all of these Terms and Conditions are important to You, We would draw Your attention in particular to Clause 10 (Data Protection) and Clause 11 (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. 1.7 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 or void shall be severed and shall not affect the other provisions of these Terms and Conditions which shall continue unaffected. 1.8 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. 1.9 The Spend&Fly 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 Spend&Fly. 1.10 We reserve the right to vary, amend or modify these Terms and Conditions at any time in accordance with clause 9.2. 1.11 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). Definitions 1.12 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: “Benefits” means the benefits, and services from time to time available to Members that are provided by Us or by Our nominated agent or representative from time to time; “Commencement Date” means the start date of the Spend&Fly programme, 10th October 2014; “Flybe” means Flybe Limited; “Flybe Credit Card” means the Flybe credit card issued by the issuing bank to approved customers under the credit card agreement with the issuing bank; “Franchise or Codeshare Flights” indicate a flight operated by or on behalf or of another airline; “Fraud” includes fraud, dishonesty and deceit and in particular: knowingly supplying incorrect information to Us; altering documents to procure Spend&Fly Balances or entitlements; attempting or fraudulently use the Flybe credit card; knowingly benefiting from the Fraud of another Member or individual; “Member” means the person who is a Flybe cardholder benefitting from the Spend&Fly benefits; “Membership” means membership of Spend&Fly; “Multi-sector Flight” means a flight sold on www.flybe.com and made up of two or more flight sectors; “Sector” means a single eligible flight sector between two destinations, identified by a single flight number; "Spend&Fly" means the exclusive benefits programme linked to the Flybe credit card; “Spend&Fly Balance” means the amount spent on the Flybe credit card with the exclusion of balance transfers, cash advances and refunds, within any given month; “Spend&Fly Rolling Balance” means the amount spent on the Flybe credit card for any given 12 months period; “Spend&Fly Bonus Flights” (where You pay the applicable taxes and charges per person per flight) indicate the benefits associated to the Spend&Fly Programme, specifically: “Just Fly UK Return Flight” means a Flybe operated Just Fly direct return flight departing from and arriving at airports within the United Kingdom only. The cost of the fare is included, however all applicable taxes, charges and any additional optional extras are excluded and must be paid by You; “Get More UK Return Flight” means a Flybe operated Get More direct return flight departing from and arriving at airports within the United Kingdom only. The cost of the fare is included. However the Get More supplement, all applicable taxes, charges and any additional optional extras are excluded and must be paid by You; “All In UK Return Flight” means a Flybe operated Just Fly direct return flight departing from and arriving at airports within the United Kingdom only. The cost of the fare and All In benefits are included, however all applicable taxes, charges and any additional optional extras are excluded and must be paid by You; “Just Fly EU Return Flight” means a Flybe operated Just Fly direct return flight departing from and arriving at airports between the United Kingdom and EU member states only. The cost of the fare is included, however all applicable taxes, charges and any additional optional extras are excluded and must be paid by You; “Get More EU Return Flight” means a Flybe operated Get More direct return flight departing from and arriving at airports between the United Kingdom and EU member states only. The cost of the fare is included, however all applicable taxes, charges and any additional optional extras are excluded. The Get More supplement applies; “All In EU Return Flight” means a Flybe operated Just Fly direct return flight departing from and arriving at airports between the United Kingdom and EU member states only. The cost of the fare and All In benefits are included, however all applicable taxes, charges and any additional optional extras are excluded; “Spend&Fly Bonus Flight” means a ticket for a Flybe operated flight that is issued by US or on Our behalf upon redemption of the relevant Spend&Fly Balance amount by a Member; “Spend&Fly Voucher” means the voucher issued in exchange of the applicable Spend&Fly Balance which can be used to reserve a Spend&Fly Bonus Flight; “Terms and Conditions” means the terms and conditions of Spend&Fly ; “Year” means the rolling period of 12 months from the date of the first Flybe Credit Card statement and each period of 12 months thereafter, which will be no sooner than the Commencement Date. 2. Membership 2.1 As a Flybe Credit Card holder, You will be automatically registered for the Spend&Fly programme. Members of the Spend&Fly Programme must be aged 18 or over to join. Spend&Fly Balances can only be accrued by the Flybe Cardholder based on spend. 2.2 Membership of the Spend&Fly programme is only available to private individuals. Companies, partnerships, limited liability partnerships, associations, and other business entities are not eligible for Membership. 2.3 Spend&Fly Membership is only available to approved Flybe Cardholders. 2.4 Notwithstanding the other provisions of these Terms and Conditions, We 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 Membership following: (a) the commission of a Fraud, or reasonable suspicion of Fraud; (b) the commission of misconduct, including but not limited to: (i) failure to comply with these Terms and Conditions/or the rules that apply to all Flybe Flights; (ii) misuse of the Benefits; or (iii) 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. 2.5 When setting up Your Flybe Credit Card You must provide a valid e-mail address to receive details of Your Spend&Fly Balance. 2.6 It is Your responsibility to keep Your Membership details safe in order to prevent unauthorised access to Your Membership. You must advise Us if You believe that someone has gained unauthorised access to Your Membership account. Unless We are advised otherwise in writing, We will be entitled to assume that anyone using Your details to access Your Membership account is You. 2.7 It is Your responsibility to ensure that Your account details are kept up-to-date. This can be done by contacting the Flybe Credit Card contact centre. 2.8 You may only hold one Spend&Fly Membership in conjunction with Your Flybe Credit Card. A second cardholder can be added to Your credit card account, however the combined spend will solely be recorded under one Spend&Fly account. 2.9 Membership is not transferable for any reason (including without limitation upon Your death, or through any other intervention of the courts) to any person without Our prior written consent, which We may withhold at Our discretion. 2.10 Your accrued Spend&Fly Balance can be used to make flight bookings for others than yourself. 2.11 For the avoidance of doubt, Spend&Fly is neither a members’ nor a proprietary club. 2.12 We reserve the right to audit Your Membership account at any time, without prior notice to You. In the event of any discrepancy and/or misuse of the account and/or breach of the Terms and Conditions or Flybe General Conditions of Carriage, all Spend&Fly Balances and redemptions will be suspended until such time as the matter has been resolved to Our satisfaction. 2.13 We reserve the right to terminate Your Membership in the event of any breach of these Terms and Conditions and/or misuse of the Membership account. Please refer to clause 7 for full details. 3. Earning Spend&Fly Bonus Flights 3.1 Each spend on Your Flybe credit card, with the exclusion of cash advances, balance transfers and refunds, will form part of Your Spend&Fly balance which can be used towards the redemption of Spend&Fly Bonus Flights based on set thresholds as detailed in 5.1. 3.2 From time to time We may offer additional promotional offers to Members for certain flights, routes or benefits associated with the level of spend on the Flybe credit card. Such offers are temporary and We reserve the right to modify, terminate or extend such offers at Our discretion and at any time without notice. 3.3 The Spend&Fly balance accrued through spend on the Flybe Credit Card is valid for 12 months from the date of the account statement on which the spend first appears and will be valid on a rolling basis. Spend will automatically be removed from your Spend&Fly balance on the anniversary of that spend, unless redeemed by then. 3.4 As Spend&Fly is closing You will no longer be able to earn points towards Spend&Fly rewards after March 11th 2019. In March your points balance will be frozen allowing you 6 months to redeem vouchers without points expiring. As of December 8th 2018 all new issued or requested vouchers will be valid untill 20th september 2019. After this date you will no longer be able to make a booking using a Spend&Fly voucher and your Spend&Fly account will be closed. 3.5 If You have a query regarding Your Spend&Fly Balance, please contact the Spend&Fly team for further advice. 3.6 In the unlikely event of a dispute about entitlement to Spend&Fly Bonus Flights and/or Your Spend&Fly Balance, claims must be lodged within 3 months of the date of the statement in relation to the amount in question. 3.7 Spend&Fly Balances cannot be transferred, assigned, exchanged or otherwise passed or given to any other person nor may they be gifted or pooled with the Spend&Fly Balance of other account holders. 3.8 All rights, title and property in Spend&Fly remain the property of Flybe at all times. Spend&Fly Balance is not redeemable for cash, refundable or exchangeable for any other tickets or anything else and if You purport to do so We may confiscate all Your Spend&Fly Balance. 4. Spend&Fly statements 4.1 As the programme is closing a final Spend&Fly statement will be sent on April 23rd 2019. Additional information can be requested by contacting spend&[email protected] 4.2 Following receipt of Your first statement from Your Flybe Credit Card in relation to the spend period from the Commencement Date and on the proviso that You have provided the Flybe Credit Card provider with a valid e-mail address, You will receive a Spend&Fly account statement. 4.3 Your statement will detail the Flybe Credit Card spend eligible for Your Spend&Fly Balance in relation to the spend for the statement period, the Spend&Fly Rolling Balance, the redeemed Spend&Fly amount and the available Spend&Fly Balance. Your Spend&Fly Balance will also be included as part of Your monthly credit card statement. 4.4 If You notice any errors or omissions regarding Your Spend&Fly Balance on Your credit card account statement then You must notify Us within 3 months from the date of the relevant statement. Any failure to do so within that time will mean that the error omission will not be amended. 4.5 You will not receive a statement in relation to an impending expiry of Your account or Spend&Fly Balance. Spend&Fly Balances will be valid in accordance with clause 3.3. 5. Spend&Fly Bonus Flight Redemption 5.1 Spend&Fly Balance may only be used towards the cost of eligible Flybe operated flights. Your Spend&Fly Balance can only be redeemed against the cost of the fare and all taxes, charges and any optional extras remain payable by You. The Bonus Flight can only be requested via Flybe.com and will be provided in the form of a voucher code redeemable against selected Bonus Flights. 5.2 All Spend&Fly Bonus Flights are subject to availability at the time of booking and are limited per flight. We reserve the right to limit, increase or decrease the number of Spend&Fly Bonus Flights available. Members are advised to be flexible with the travel dates to avoid disappointment. 5.3 The Spend&Fly amount required to purchase Spend&Fly Bonus Flights, excluding taxes, charges and optional extras which remain payable by You is as follows: Credit Card spend Bonus Return Flight (where you just pay taxes and charges)* £4,000 UK Just Fly or Get More UK Bonus Return Flight £5,500 UK All In UK Bonus Return Flight £6,000 EU Just Fly or Get More European Bonus Return Flight £7,500 EU All In European Bonus Return Flight * All you have to do is pay taxes and charges. Bonus Return Flights will be provided in the form of a voucher code redeemable against selected flights subject to availability online. For Bonus Flight terms and conditions please see www.flybe.com. Seats available on Flybe scheduled services to and from the UK. Get More Supplement may apply. Not available on routes to Spain or Portugal. Spend&Fly Bonus Flights cannot be used on flights operated by Stobart Air, Blue Islands, Eastern Airways or codeshare services. Discounted web fares may occasionally be available at a lower cost (including taxes charges) than equivalent reward flights. Therefore, Flybe recommends customers are flexible with their travel dates when searching for reward flights. For more information, please go to www. flybe.com/spend&fly. 5.4 Not available on routes to Spain or Portugal. Spend&Fly Bonus Flights cannot be used on flights operated by Stobart Air, Blue Islands, Eastern Airways or codeshare services. 5.5 Please contact the Spend&Fly team via e-mail, phone or through the dedicated web form to advise of Your preferred Spend&Fly Bonus Flight option. 5.6 If eligible, based on the available Spend&Fly Balance, the relevant amount will be deducted from Your Spend&Fly Balance and You will be issued with a Flybe voucher which You will be able to utilise towards the Spend&Fly Bonus Flight category selected. You will be able to redeem Your voucher online or via the contact centre. If opting to redeem Your Spend&Fly Bonus Flight, You will be required to enter Your voucher code in the promotion code on the homepage or flight search page on www.flybe.com. Available flights eligible to be booked under the Spend&Fly programme will be indicated with the letter ‘P’. All eligible Spend&Fly Bonus Flights are available to book subject to availability. 5.7 Spend&Fly Balance can only be redeemed for the options in clause 5.3 and cannot be used for a proportion of the benefits, including one-way flights or additional extras. 5.8 Only one voucher code can be utilised per booking online. Should You require to make a reservation for more than one customer online, You can only do so by making multiple reservations, alternatively You can arrange for a single reservation utilising multiple voucher codes by contacting the contact centre. 5.9 We reserve the right to modify the Spend&Fly programme at any time. This may include (without limitation) the spend threshold levels required for the purchase of Bonus Flights (excluding taxes,charges and optional extras which remain payable by You). 5.10 Discounted web fares may occasionally be available at a lower cost (including taxes & charges) than equivalent Bonus Flights. In such circumstances We will not be under any obligation to match the cost of the Bonus Flight with the full web fare on offer. We recommend customers are flexible with their travel dates when searching for Bonus Flights in order to avoid disappointment. 5.11 Except as otherwise stated in these Terms and Conditions, You may use Your Spend&Fly balance to purchase Spend&Fly Bonus Flights for anyone that You choose in accordance with clause 2.10. Passengers booked do not need to be a Member or be a Flybe Cardholder. 5.12 You may purchase a Bonus Flight (excluding taxes, charges and optional extras which You remain liable to pay) for an unaccompanied minor i.e. any passengers under the age of 18. Spend&Fly Bonus Flights for unaccompanied minors must be purchased through Our contact centre. Bookings for unaccompanied minors are subject to a fee per sector per unaccompanied minor. You will be advised of the applicable fee prior to booking. 5.13 Your Spend&Fly Balance covers the cost of the airfare only. For the avoidance of doubt, Your Spend&Fly Balance does not cover the cost of taxes, surcharges, insurance, advanced seat assignment, hold luggage, customs fines, immigration fees, airport charges, agricultural inspection fees, security, customer user fees or any other charges related to Your booking. The only exception to this rule is for All In Flights purchased with Your Spend&Fly Balance, which include charges for selected benefits. All In benefits should be reviewed prior to booking. 5.14 Bonus Flight bookings are subject to the payment of credit card fees – please refer to current charges for full details. 5.15 Flybe shall not be responsible for and will not replace lost, stolen, destroyed or defaced Spend&Fly Vouchers. 5.17 60:60 vouchers or other promotional or discount codes or vouchers cannot be used towards the payment or redemption of Spend&Fly bookings. 6. Making changes to Bonus Flight bookings 6.1 Spend&Fly Bonus Flight bookings can be upgraded via Our contact centre subject to availability and payment of Our standard change fees – please refer to current charges for full details. Change fees are subject to amendment or variation from time to time at Our sole discretion. 6.2 Spend&Fly Bonus Flights are subject to Our standard cancellation terms– please refer to Our General Conditions or Carriage for full details of current charges. 6.3 In the event of cancellation of a Spend&Fly Bonus Flight, the Spend&Fly Balance used to purchase the flight , will not be refunded back to Your Spend&Fly account. 6.4 Name changes are permitted on Spend&Fly Bonus Flight tickets, providing no Sectors have already been flown. Standard Name Change Fees apply – please refer to current charges for full details. Name changes can only be completed by Our contact centre and are permitted up to two hours before the flight’s scheduled departure time. 6.5 Changes to the flight date and time are permitted up to two hours before the flight’s scheduled departure time. Standard Itinerary Change Fees apply - please refer to Our current charges for full details. Changes are subject to availability of seats on the preferred flights. Date and time changes must be made through Our contact centre. 7. Misuse of accounts and termination 7.1 In addition to any other rights or remedies that We may have, in the event that in Our reasonable opinion You have committed a Fraud and/or if You have breached these terms and Conditions and/or misused Your Membership account, We may at any time in Our absolute discretion terminate Your Membership and Spend&Fly benefits without prior notice (although We will notify You in writing after such termination). 7.2 In the event of termination, any Spend&Fly Bonus Flights made prior to or after the date of the breach will be subject to a review by Us and may be cancelled if it is discovered that such Spend&Fly Bonus Flights were booked fraudulently or in breach of these Terms and Conditions. As an alternative to termination of Your Membership under such circumstances, We may choose to apply reasonable conditions to the operation of Your Membership account at Our sole discretion. 7.3 Spend&Fly Balance will be void if sold, auctioned, exchanged, or otherwise assigned or transferred. Such activity is prohibited and will result in denial of travel and/or redemption of Your Spend&Fly Balance and may also result in the cancellation of all accrued Spend&Fly Balance and/or termination of Your Membership. 7.4 You shall remain liable to Us for the full price of any Spend&Fly Bonus Flight that You have booked and paid for with Your Spend&Fly Balance accrued wholly or partly by Your Fraud or otherwise in breach of these Terms and Conditions. Your liability in such circumstances will be to reimburse Us for the full amount of the published fare for Your ticket at the current and published rates together with legal costs, administrative expenses and interest accrued as a result of Your breach of these Terms and Conditions. 8. Your right to terminate Your membership 8.1 Although You are not required to sign up for Your Membership, this is an intrinsic part of Your Flybe Credit Card benefits package and You may cancel Your Membership of the Spend&Fly programme at any time by either writing to Us or by calling Us at Our contact centre. 8.2 In the event that You cancel Your Membership You will lose all of Your accrued and accruing Spend&Fly Balance as at the date of termination. In the event that You choose to re-join the Spend&Fly programme at a later date, You will not be entitled to seek reinstatement of any previous Spend&Fly Balance lost at the date of termination. 8.3 Your decision to terminate Your Membership does not relieve You of any continuing obligations under these Terms and Conditions. 9. Terminations or modification of the Spend&Fly Programme by Flybe 9.1 We may terminate the Spend&Fly programme at any time. We shall however use reasonable endeavours to give You not less than 3 months’ notice of such termination. You acknowledge that upon the expiry of such notice period Your accrued Spend&Fly Balance and Your right to use or accrue this shall expire unless previously redeemed. 9.2 We reserve the right at any time at Our sole discretion to vary, modify, amend, add to, suspend or withdraw the Spend&Fly programme and to impose any variations on these Terms and Conditions, the use of Spend&Fly Balance, or to the spend levels required for the Spend&Fly Bonus Flights and the Spend&Fly programme benefits. 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 withdrawal has been published on www.flybe.com or otherwise given, Your continued participation with the Spend&Fly programme 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 clause 8 above. 10. Data protection 10.1 By taking up Membership You will be deemed to have consented to: 10.1.1 Us creating, maintaining and updating a database of personal data regarding Your Membership (“Data”); 10.1.2 Your Data being shared with selected third party organisations including our agents or representatives in the provision of the Spend&Fly programme (including, but not limited to, our subsidiaries) and the provider of the Flybe credit card and including their respective employees, agents and contractors; 10.1.3 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. 10.2 Data may include: 10.2.1 Membership data including (without limitation) any data relating to Your Membership, transactions made on Your Flybe Credit Card, data relating to Your use of the Spend&Fly programme and/or Our other products and services; 10.2.2 data received from their party organisations that are Our agents or representatives in the provision of the Spend&Fly programme; and 10.2.3 any personal data supplied by You;. 10.3 Data will be held, updated and used: 10.3.1 to provide services offered generally as part of the Spend&Fly programme; 10.3.2 to develop new services (both as part of the Spend&Fly programme and as part of Our general commitment to improve Our services to Our customers); 10.3.3 to enhance Our customer service; 10.3.4 for marketing and market research purposes; 10.3.5 to send mailings to Members including (without limitation) promotional offers relating to the Spend&Fly programme and information about other products and services that We offer from time to time; and 10.3.6 to permit selected third parties to provide you with information about goods or services we feel may interest you. 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 10.3.7 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. 10.4 Your consent under this clause 10 will continue until You write to Us at Spend&Fly programme, 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, and will also entitle Us to terminate Your Membership with immediate effect. Notwithstanding this, Your agreement for the provision of the Flybe credit card will survive this clause unless terminated directly with the provider of the Flybe credit card. 10.5 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. 11. Limits and exclusions on Our liability 11.1 We shall not be liable for any loss, delay or damage which occurs in connection with Your Membership or the use or redemption of Your Spend&Fly Balance, except for any such loss caused by Our own negligence or wilfulmisconduct. 11.2 Our sole liability to You in the event of Our negligence, wilful misconduct, breach of contract or for any other matter, shall be limited to re-crediting Your Account with Spend&Fly Balance equal to the amount that would have been earned by You or that You spent when the matter occurred. 11.3 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. 11.4 Subject to clause 11.3 and without prejudice to clause 11.2, We expressly exclude any liability for: (a) any indirect loss, claim, damage or any punitive, special, consequential or incidental damages of any nature; (b) 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 Spend&Fly programme.