Terms & Conditions - Miles & More Terms & Conditions

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General Conditions of Carriage (Passenger and Baggage)
Miles & More Terms & Conditions
Miles & More flight awards


Miles & More Terms & Conditions

Frankfurt, 1 January 2011

Publisher:
German Lufthansa Corporation
Customer Relations


Terms & Conditions

1. Membership
1.1. Eligibility
1.2. Commencement of membership
1.3.Personal identification number (PIN)

2. Miles
2.1. General
2.2. Account balance
2.3. Mileage accrual
2.4. Mileage redemption
2.5. Mileage expiry
2.6. Taxes, surcharges and service charges

3. Breach of terms and conditions, termination of contract, programme amendments
3.1.Notice of termination, suspension, exclusion from membership
3.2. Mileage validity in the event of termination
3.3. Programme termination

4. Miscellaneous
4.1. Liability
4.2. Data protection
4.3. Loss, theft
4.4. Changes to the programme, amendments to the terms and conditions
4.5. Applicable law, jurisdiction
4.6. Severability clause


Terms & Conditions

The Miles & More frequent flyer programme rewards you, our customer, for your loyalty. Operator and organiser of the programme is Deutsche Lufthansa Aktiengesellschaft ("Lufthansa"). Lufthansa reserves the right to use partner companies in specific countries (e. g. Adria Airways, Air Dolomiti, the Austrian Airlines Group, Brussels Airlines, Croatia Airlines, LOT Polish Airlines, Luxair and SWISS) as joint operators of the programme. Also, Miles & More offers an opportunity to earn and redeem miles with various participating service providers
(Miles & More partner companies, e. g. airlines, car rental firms, hotels). The following is a summary of the terms and conditions governing miles accrual, award redemption and general Miles & More procedures. Special rules may apply as set out in further programme documents (e. g. the general terms and conditions for the Miles & More credit card) or in the Miles & More communication media (e. g. newsletter, awards catalogue, account statement).

1. Membership

1.1. Eligibility

Membership is limited to individuals aged two or above who reside in a country in which the Miles & More programme is available. The address provided by the member can only be considered as a home address if the place constitutes the main geographical residence of the member. Lufthansa may ask the member to provide further proof.


1.2. Commencement of membership

Membership commences upon enrolment, when an individual mileage account is opened through Lufthansa or a joint operator of the programme. Only one account may be opened per person. As evidence of the opened account, the customer receives a temporary Miles & More card number which entitles them to earn miles for 6 months. The application to open a mileage account must be completed in full by the customer. Mileage accounts with missing or incomplete personal data are regarded as "temporary accounts" and closed within 6 months of the first mileage entry made on the temporary card number. As soon as the customer ("member") has earned a certain number of miles as defined in the relevant Miles & More communication media,
a Miles & More card with a permanent Miles & More card number is issued and sent to the new member.
The card remains the property of Lufthansa and must be surrendered to Lufthansa or a joint operator upon request.
There is no legal entitlement to join the Miles & More programme. Lufthansa and the joint operators reserve the right to reject applications without giving reasons.


1.3. Personal identification number (PIN)

The member receives a PIN for personal identification, e.g. when ordering awards or checking the online account balance. To avoid misuse, the member must ensure that the PIN is not disclosed to unauthorised third parties. If there is any suspicion of misuse of the PIN, the Miles & More Service Team must be notified at once by calling one of the phone numbers listed in the Miles & More communication media. Lufthansa cannot be held liable for losses arising from any culpable failure to notify, belated notification, or losses occurring beforereceipt of the notification, unless such losses are caused by wilful action or gross negligence. In the case of slight negligence, liability for injury to life, body or health is unlimited. In cases of slight negligence in any infringement of material contractual obligations, liability is limited to material damage and financial loss in the amount of predictable and typical loss. Any further liability involving damages is ruled out, except for claims under the German Product Liability Act. This also applies to the liability of agents or other third parties whom duties have been delegated to, taking account of possible contributory negligence on the part of the member.

2. Miles

2.1. General

The basis of calculation for the Miles & More programme is the mileage credited to the member’s mileage account. Miles may be used only for the purposes explicitly stated in the terms and conditions or in the
Miles & More communication media. No bonus points or miles under other programmes may be converted into Miles & More miles, unless Miles & More has reached an agreement with the other issuing programme operator concerned. Miles and the mileage accounts are non-transferable, and no cash disbursement is possible, unless explicitly stated.


2.2.Account balance

Members may check their current mileage account balance at any Miles & More account statement printer or via their personal online mileage account by entering their Miles & More card number and PIN. Furthermore, members who actively use Miles & More to a certain defined extent receive regular information regarding their current balance, unless a member has registered for online communication. The mailing of account information may be omitted, wherever Miles & More generally limits the provision of account statements to online communications. No duplication or replacement delivery of account statements is possible. Claims based on discrepancies must be filed within two weeks of receiving the account information or of its first display in the member’s personal online mileage account. Thereafter, the account balance as stated is considered approved.


2.3. Mileage accrual

Miles may be earned from the commencement of membership. The number of miles credited depends on the programme conditions valid at the time of utilisation of the service. For all flights or partner services eligible for mileage accrual that have taken place in the period between the application for membership and the opening of the personal mileage account, mileage is credited subject to the procedure stated in item 2.3.6.
Miles & More also offers mileage accrual with specified partner companies. Since Miles & More has no direct control over these companies, neither Lufthansa nor the joint operator concerned may be held responsible for the unlimited availability of services provided by partner companies (e.g. flights, hotel stays, rental cars) and for proper performance of any contracts. In any case, the general terms and conditions of the specific partner company shall apply.


2.3.1 Flights

Miles are credited to the member’s account for each actually flown segment of a fully paid scheduled flight by Lufthansa or by a joint operator or Miles & More partner company, subject to items 2.3.5 and 2.3.6. The number of miles credited for direct flights depends on the distance between the point of departure and the destination, as indicated on the ticket, on separately announced minimum miles or on fixed rates announced in the Miles & More communication media. The mileage is multiplied by the booking class factor according to the flight class paid and indicated on the ticket. Otherwise, the published minimum miles or fixed rates are credited. Item 2.3.1 also applies to other transportation services (e.g. certain charter flights), provided they qualify for mileage accrual. In such a case, mileage is credited on the basis of separate information which will be provided in the Miles & More communication media.


2.3.2 Hotels, rental cars

Miles are credited to the member’s account for every paid stay the member makes at a Miles & More partner hotel, provided the booked hotel rate qualifies for mileage accrual at the time of conclusion of the contract for accommodation, subject to items 2.3.5 and 2.3.6. The same applies to every paid rental, and actual use, of a vehicle by the member with a Miles & More car rental partner, provided the booked rental car rate qualifies for mileage accrual at the time of conclusion of the contract of hire. The number of miles credited is announced separately. Two or more consecutive overnight stays are treated as “one stay”. The same applies if a member checks in at the same hotel within one day of checking out. “one car rental” is defined as the rental of one vehicle for at least one day, or of different vehicles on consecutive days from one or more branches of a car rental partner at the same location.


2.3.3 Miles & More credit card with mileage accrual function

Members using their Miles & More credit card in payment earn a specified number of miles which are credited to their Miles & More account. Further details are contained in the general terms and conditions of the Miles & More credit card.


2.3.4 Other ways to earn miles

Other ways to earn miles and the relevant conditions are announced separately in the Miles & More communication media.


2.3.5 Exclusions from mileage credit

No miles are credited for certain booking or service classes, special tariffs, e.g. industry discount tariffs (ID, IP, AD, GE, UD, DG, PEPs, etc.), award services, free flights or services for which the member receives benefits under another bonus programme. Certain other services may also be excluded from mileage accrual following a prior announcement in the Miles & More communication media.


2.3.6 Crediting procedure

Automatic crediting of mileage to a member’s account is only possible if the member quotes his/her Miles & More customer or card number and/or presents his/her Miles & More card or other customer card qualifying for mileage accrual, when using a service eligible for mileage accrual. Any mileage not automatically registered can be credited to the member’s account within 6 months of use of the service concerned. For this purpose, Miles & More requires the complete documents (original boarding pass plus copy of passenger receipt, or original hotel or rental car invoice). Mileage is not credited for unused, reimbursed, lapsed or unlawfully obtained documents (tickets, flight coupons).The same applies to other unused or refunded services that qualify for mileage accrual. Letters and documents sent to Miles & More will be scanned, digitally archived and subsequently destroyed. Requests for such letters and documents to be returned in their original form will not be granted.


2.4. Mileage redemption

2.4.1 General

Members may redeem their miles and order awards as soon as their mileage account has reached the balance required for the award concerned, subject to the availability of the awards pursuant to item 2.4.6. Award offers and the specific number of miles required in each case are stated in the various Miles & More communication media.


2.4.2 Award flights

Award flights are available for scheduled flights operated by Lufthansa or by a Miles & More partner company, and for selected charter flights. Should the airport of departure and the final destination be located in different award zones (open-jaw flight), the higher award zone always applies and is used for mileage redemption. The award flight must be booked at the time of ordering. The deadline for requesting the issuance and mailing of the award flight ticket depends on the airline partner. The Miles & More Service Team will advise you your deadline at the time the award ticket is booked. Rebooking (depending on availability and the terms and conditions applying to the award flight) is free of charge before issue of the award flight ticket. Once the award ticket has been issued, rebooking is subject to a service charge, wherever this is permitted by the terms and conditions applying to the award flight concerned. Enquiries about terms and conditions, availability and the amount of any service charge can be directed to the Miles & More Service Team. All other conditions of the original award flight ticket continue to apply following a rebooking. The flight taken as an award flight is subject to the operating carrier's general conditions of carriage, except when the award flight is subject to different regulations specified in the general terms and conditions for Miles & More award flights.


2.4.3 Upgrade awards

On scheduled flights operated by Lufthansa, by a joint programme operator or some partner airlines, one-way upgrades to the next highest class of service are available per point-to-point connection (segment) as an award, provided that a fully paid ticket exists (cf. items 2.3.1 and 2.3.5 above). Certain tariffs, booking classes and group bookings may be excluded from upgrades, this being subject to prior separate announcement in the Miles & More communication media. In the event of an upgrade, the conditions of the original ticket remain in force. Please contact the Miles & More Service Team for the terms and conditions of rebooking an upgrade award.


2.4.4 Other awards

Other awards, their conditions and further ways to redeem miles will be announced separately in the
Miles & More communication media.


2.4.5 Ordering awards

Awards may be ordered from Miles & More, stating the Miles & More customer or card number and PIN. The order must be placed either by telephone or online at least seven working days prior to use of the award. Advance booking deadlines may vary due to local circumstances (e.g. longer mailing times) and can be queried by contacting the Miles & More Service Team. An award etix® – where technically possible – may be issued up to two working days prior to departure. Other ways of ordering awards are announced separately in the Miles & More communication media.


2.4.6 Award conditions

The availability of awards may vary depending on date, season and destination. Specific awards may not always be available. Awards may not be combined with certain services subject to reduced tariffs (according to item 2.3.5). More information concerning the availability of awards as well as special conditions can be found at www.miles-and-more.com. Such conditions are published with the award offers concerned. Miles & More also offers its members the possibility of redeeming miles with duly selected partner companies. Miles & More has no direct control over these companies, so that neither Lufthansa nor the respective joint operator may be held responsible for the unlimited availability of services from the partner company (e.g. flights, hotel stays, rental cars) and for proper performance of contracts. The general terms and conditions of the partner company concerned shall apply.


2.4.7 Award documents

If the ordered award is available, Miles & More shall issue award documents (award tickets and/or certificates for other awards). Award tickets and upgrade award certificates are mailed as paper documents only in cases where standard electronic storage as an etix® or an eUpgrade or where provision of tickets via a ticket machine is not possible. Tickets on selected routes will only be issued as an etix®. Should a member nonetheless wish to receive a ticket by mail, a service charge is due for delivery of the tickets to the address registered with Miles & More. Information on the service charge may be found in the various Miles & More communication media. Enquiries about the service charge can also be directed to the Miles & More Service Team. Members are advised to verify at once that they have received the correct documents. Award flight documents are valid for 12 months from the day of issue. The validity of other award documents (e.g. event, car rental, hotel and holiday awards) is as stated in the Miles & More communication media. Award documents may only be given as presents to individuals with whom the member has a close personal relationship, e.g. friends and relatives, but may not be exchanged for other awards or cash. Depending on the specific type, award flights may be returned. Refunding will incur a service charge. Information on the conditions of return as well as on the service charge may be found in the various Miles & More communication media. Such enquiries can also be directed to the Miles & More Service Team. Stolen or lost award documents will only be replaced with new documents subject to an appropriate service fee, wherever the conditions of the specific award type allow such a reissue. Information can be obtained from the Miles & More Service Team. Otherwise, the mileage is re-credited to the member’s account subject to an appropriate service fee, details of which may be obtained from the Miles & More Service Team. No service charge is due if the documents get lost during shipment from Miles & More to the member, provided the member reports the loss at once, but no later than 21 days after the date when the documents were ordered from Miles & More.


2.4.8 Misuse

Sale, exchange, offer to auction or any other kind of commercial transaction with third parties involving award documents is strictly prohibited, unless specifically allowed by item 2.4.7. It is also strictly prohibited to arrange the purchase or sale of miles or awards, transfer of miles according to item 2.1, unauthorised purchase of miles or to make unauthorised use of awards or award documents. (All such cases are classified below as misuse.) Miles & More vouchers serve as award documents according to item 2.4.8. In any case of misuse caused by a member's fault, Lufthansa or a third party authorised by Lufthansa reserves the right to withhold or confiscate award documents, and to refuse to issue awards or honour mileage. Moreover, if the misuse concerns an award ticket (commercial transaction with persons not covered under item 2.4.7 or disposal of the award ticket) Lufthansa reserves the right, if carriage has taken place, to back-calculate the actual ticket price and to charge this to the member contravening item 2.4.8 in addition to the expiry of the miles used. This will not affect item 3. Nor does it impair any right to assert further claims against a member, including claims for compensation. In the event that awards are released in exchange for miles acquired by misuse, Lufthansa reserves the right to demand compensation in place of the miles required to release the award, insofar as the mileage balance, excluding the miles acquired by misuse, are not sufficient to release the award. The amount of compensation per mile is calculated based on the applicable mile purchase price for the highest scale value at the time of the damaging event. The respective applicable scale value is published in the Miles & More communications media. Lufthansa also reserves this right in the event that the mileage account has a negative balance in other cases of misuse as well as unsanctioned conduct by the member. The member has the right to prove that he/she has caused no or only minor loss.


2.4.9 Express mailing of award documents

In exceptional cases and subject to prior enquiry with the Miles & More Service Team, award tickets and upgrade certificates may be ordered four to six working days prior to departure and forwarded by express delivery subject to a service charge. Outside Germany, the period for the express service may vary from the above conditions.


2.5. Mileage expiry

Any mileage not redeemed within 36 months of the date of accrual (date of flight, start of hotel stay, time of car rental) will expire at the end of that quarter (e.g. miles expiring in August of any given year would expire at the end of September of that same year), failing other arrangements published in the Miles & More communication media. Attention will be drawn in good time to the date and extent of the lapsed mileage in the Miles & More account information or in the personal Internet mileage account.


2.6. Taxes, surcharges and service charges

All additional costs such as taxes (e.g. airport taxes, security fees), surcharges (e.g. insurance surcharges) and service charges (e.g. rebooking fees) associated with the issue or use of an award shall be borne by the member and may be charged to the member’s credit card. Information on the amount of taxes, surcharges and any service charges may be obtained from the Miles & More Service Team.

3. Breach of terms and conditions, termination of contract, programme amendments

3.1. Notice of termination, suspension, exclusion from membership

The member may give written notice at any time to terminate the contract without observing a period of notice. Termination by Lufthansa or a joint operator of the programme is subject to two weeks’ notice, unless the termination of membership is for material cause and without notice. Termination without notice by Lufthansa or a joint operator and exclusion from membership shall have future effect, should there be a material cause. Material cause exists in particular in the event of a serious violation by the member of these terms and conditions or the conditions of carriage employed by Lufthansa, a joint operator or partner company, or of any Miles & More rules stated in the programme documents or in Miles & More communication media. The same applies to any case of misuse as set forth in item 2.4.8, if a member intentionally provides false information, or in cases of harassment or damaging behaviour towards employees or passengers of Lufthansa, a joint operator or partner company. This will also apply to any failure to obey the instructions of staff in charge, particularly on board or in lounges. These arrangements shall not rule out further legal claims (specifically claims for damages). In the above-mentioned cases, Lufthansa or a joint operator reserves the right to refuse a frequent flyer status such as Frequent Traveller, Senator or HON Circle Member and can terminate an existing status unilaterally, without further notice. In the cases mentioned above, Lufthansa also reserves the right to freeze the member’s account. Lufthansa also reserves the right to freeze an account in the case of any objective suspicions of material cause during the time required to properly investigate the facts. No claims shall be asserted by the member against such freezing of an account. Once Lufthansa or a joint operator has terminated a membership, renewed participation in Miles & More is no longer possible. These terms and conditions continue to govern the winding up of the membership following termination.


3.2. Mileage validity in the event of termination

If the member, Lufthansa, a joint operator or a partner company duly terminates the contract, mileage shall retain its validity for a period of six months after receipt of the notice of termination, unless earlier expiry occurs under the terms of item 2.5. In the event of termination for material cause without notice by Lufthansa or a joint operator, mileage shall expire with the member’s receipt of the notice of termination.


3.3. Programme termination

Lufthansa reserves the right to cancel the Miles & More frequent flyer programme at any time or replace it with another programme and to duly terminate the membership contracts. Items 3.1 and 3.2 shall apply accordingly to such terminations.

4. Miscellaneous

4.1. Liability

The liability is unlimited in cases of wilful misconduct or gross negligence or where a guarantee has been given. For damages to life, body or health, the liability is also unlimited. Unless a Party has caused violations of key contractual obligations by gross negligence or wilful misconduct, the liability is limited to the damage to property and assets attributable to it and to an amount that is predictably and typically payable for such damage. A key contractual obligation is the obligation whose fulfilment generally enables the proper execution of the contract and the contracting partners may trust in their observance regularly. To the extent it is legally allowed any further liability in respect of compensation is excluded apart from such claims as are asserted in accordance with the Product Liability Act.

4.2. Data protection

Personal data relating to participation in the programme is processed and used for purposes serving programme implementation. If the member’s permanent residence is in the home market of a joint operator of the programme, the member’s personal data is transmitted to the relevant company. The same happens in the case of a flight with one of the named companies. The programme data is transmitted provided that flights with the corresponding airline are involved. With the member’s consent this data can be processed and used by a joint operator of the programme for the purposes listed in the privacy policy. Further details of data protection may be obtained from the separate online data protection notice that may be consulted on the
Miles & More website and may be requested by e-mail from Lufthansa’s corporate data protection officer (cgndsb@dlh.de). The data protection notice also contains particulars regarding consent and the right to object.

4.3. Loss, theft

Any loss or theft of, or damage to, the Miles & More card must be reported to Miles & More at once to permit issuance of a new card.


4.4. Changes to the programme, amendments to the terms and conditions

Miles & More, acting in good faith, reserves the right to alter or amend the membership terms and conditions, the awards, award scales or any other Miles & More procedures described in the programme documents at any time, wherever such changes are considered necessary. No claims may be asserted against Lufthansa based on changes required by country-specific statutes. Members shall be notified inwriting of any changes or amendments to these terms and conditions. Such changes and amendments are considered approved if the member continues to use his or her Miles & More customer number, or if no written objection is filed within one month of notification. Special mention of these consequences shall be made in the notification.
If a member rejects the programme changes, membership may be duly terminated pursuant to item 3.1 of the terms and conditions.


4.5. Applicable law, jurisdiction

These terms and conditions shall be governed by the laws of the Federal Republic of Germany. Should a member have no legal domicile in Germany, the courts at Frankfurt am Main, Federal Republic of Germany, shall have jurisdiction. In addition, a member may also be sued at his/her place of residence or at another place where statutory jurisdiction exists.


4.6. Severability clause

In the event that any provisions of the above arrangements are legally invalid either wholly or in part, this shall not affect the validity of the remaining provisions. The parties hereto undertake to replace any invalid, incomplete or missing provision with a provision that customarily approximates as closely as possible to the commercial intentions of the parties.


 

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