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Miles & More Terms and conditions of participation

The customer loyalty programme Miles & More (“Miles & More”) rewards the loyalty of its members as customers. Miles & More offers members the opportunity of earning or redeeming miles with various Miles & More partner companies.

The operators and publishers of Miles & More are Miles & More GmbH (“MMG”) and Deutsche Lufthansa Aktiengesellschaft (“Lufthansa”) (MMG and Lufthansa are both respectively deemed to be an “operator”). The operators reserve the right to employ selected joint operators of the programme in certain countries (such as Austrian Airlines Group, Brussels Airlines, LOT Polish Airlines, Luxair and Swiss International Air Lines). A complete list of joint operators is published at www.miles-and-more.com/mitherausgeber.

A number of conditions apply to earning and redeeming miles and the general operation of Miles & More, which we have summarised for you here. Special regulations can also be found in additional programme documents (e.g. General terms and conditions for Miles & More flight awards or General terms of use for Miles & More Online Shopping) and in the Miles & More communication channels (e.g. personal inbox, awards catalogue, newsletter or account statement).

 

1 Membership

1.1 Persons eligible for membership

Those persons eligible for membership are limited to individual natural persons who are at least two years of age and who are resident in a country in which Miles & More is offered.
The place of residence is deemed to be the actual physical home (primary residence) of the member. Details of the person and the residence must be submitted accurately and truthfully and upon request proof must be provided to one of the operators.

 

There is no legal entitlement to membership of Miles & More. The operators may refuse admission to participate in Miles & More without providing any reasons.

1.2 Start of membership

Membership starts when an individual mileage account is opened at the customer’s request. If the applicant is already a member of Miles & More, a new application to open another personal mileage account is invalid, i.e., only one account per person can be opened and held. To notify the new member of the opening of his/her account he/she will receive a provisional Miles & More card number.

1.2.1 Temporary member accounts

The provisional Miles & More card number entitles the holder to earn miles for a period of six months. The application to open the mileage account must be fully completed by the customer within this period. Mileage accounts with missing or incomplete personal data will be considered “temporary accounts” and will be closed within six months of the first miles being credited to the temporary card number.

 1.2.2 Permanent member accounts

Once the member has collected a minimum of one award mile, he/she will receive a Miles & More card with a permanent Miles & More card number. The card remains the property of the operators and must be surrendered to an operator, at the request of one of the operators.

 1.3 Personal identification number (PIN)

The member receives a PIN for his/her personal identification, e. g. when requesting awards and checking his/her online account balance. The member must take care to prevent misuse by ensuring that no unauthorised third party has access to the PIN. In cases of suspected misuse of the PIN, the Miles & More Service Team must be notified immediately using one of the numbers given in the Miles & More communication channels (such as, for example, at www.miles-and-more.com). The operators or a joint operator are/is only liable for loss or damage incurred up until the time of receipt of the notification as a result of a culpable failure to notify or delayed notification within the scope stated in paragraph 4.1 of these Terms and conditions of participation.

 

 1.4 Member’s Frequent Flyer Status

Miles & More issues a number of different kinds of cards which identify the member’s frequent flyer status (e.g. Frequent Traveller, Senator or HON Circle Member). The respective status is generally governed by the number of status miles or HON Circle miles earned within a specified period. After the specified period has elapsed, the counting of status miles or HON Circle miles starts again. Depending on the promotion, different requirements may apply in order to obtain a status (such as the number of flight segments flown in a specified period). Different benefits are associated with each status. More information on the qualification criteria, the time duration of a status and its associated benefits are set out in the Miles & More communication channels. Benefits associated with a status can also be offered by the Miles & More partner companies. The nature, extent and duration of these benefits are published in the Miles & More communication channels and can be viewed there.

2 Miles

2.1 General

The basis of the calculation for the Miles & More programme is the number of miles credited to the member’s mileage account. Miles can be used only for the purposes expressly specified in the Terms and conditions of participation, additional programme documents or the Miles & More communication channels.

 

2.1.1 Types of miles

There are different types of miles which a member can earn in Miles & More. The different categories are Award Miles, Status Miles, Select Miles and HON Circle Miles. Awards can be obtained in Miles & More with award miles. Status miles and HON Circle miles determine the status card type within Miles & More. Select miles are counted by calendar year, can be collected as part of a frequent flyer status, and entitle the member to obtain additional benefits. Other types of miles will be published where appropriate in the Miles & More communication channels. “Miles” as defined in these Terms and conditions of participation are all types of Miles & More miles, unless specifically stated otherwise below.

2.1.2 Other customer loyalty programmes

Bonus points, bonus miles or other accounting units from other programmes cannot be converted into miles unless the operators have reached an agreement with the respective operator of the other programme and have announced this through the Miles & More communication channels accordingly. The same applies to the conversion of miles into bonus points, bonus miles or other accounting units from other programmes.

2.1.3 Transferability of miles and trading miles

Miles and mileage accounts are not transferable to third parties. The sale, exchange, offering for auction or any other transfer of miles to a third party is prohibited. Negotiating for the purchase or sale of miles, the purchase of miles from members or a third party, and the unauthorised use of miles are also prohibited. Any provisions to the contrary will be explicitly published in the Miles & More communication channels.

2.2 Account balance

Members can check the current balance in their mileage account via their personal online mileage account by entering their Miles & More card number and PIN. In addition, members who actively use Miles & More to a specified extent will receive regular information on their current account balance, providing the member has registered to receive Miles & More online newsletters. Newsletters may not be sent if Miles & More generally provides access to the account summaries solely in the online mileage account. Duplicate or replacement account statements cannot be provided.

2.3 Earning miles

2.3.1 General conditions of earning miles

It is possible to earn miles as soon as membership commences. Miles can only be credited to the member’s individual mileage account for services the member has used personally. When using the services of the Miles & More partner companies, the Miles & More beneficiary must be a card holder in order for the miles to be credited. The person who receives the bill is irrelevant in this case.

According to the procedure in paragraph 2.3.7, miles can be credited for a flight or a partner service qualifying for the earning of miles which takes place during the period between the submission of the application and the mileage account being opened. Members can also earn miles for services provided by certain Miles & More partner companies. The operators and the joint operators have no direct influence over these companies and their services. Neither the operator nor the joint operator of the programme is therefore responsible for the availability of the services of the Miles & More partner companies (e.g. flights, hotel stays, car hire, purchase of products or services) and the appropriate fulfilment of these contracts. Such services are governed by the General terms and conditions of the Miles & More partner company concerned.

2.3.2 Special provisions for flights

For each segment of a fully-paid scheduled flight actually flown which is operated by Lufthansa, a joint operator or a Miles & More partner company, the member’s account will be credited with miles – subject to the provisions in paragraphs 2.3.6 and 2.3.7. In the case of flights, the type and number of miles credited are determined by the programme documents and the Miles & More communication channels that are valid at the time the flights are taken.

2.3.3 Special provisions for hotels and rental cars

The member’s account will be credited with award miles – subject to paragraphs 2.3.6 and 2.3.7 – for each fully-paid stay by the member at a hotel partner company at a rate declared as qualifying for earning miles at the conclusion of the accommodation contract. The same applies to any fully paid vehicle rental from a car rental partner company at a rate declared as qualifying to earn miles at the conclusion of the rental contract.

Several consecutive nights’ accommodation is considered to be one “stay”. The same applies if the member checks in after checking out within one day at the same hotel. A “rental” is the hiring and personal use of a vehicle by the member for a minimum of one day, or the hiring of several vehicles on consecutive days, at one or several branches belonging to a rental partner at the same location.

2.3.4 Miles & More payment cards with a mileage collection function

When Miles & More payment cards (e.g. the Lufthansa Miles & More credit card) is used, the cardholder earns miles to a certain extent which are then credited to their Miles & More account. The details of these are set out in the General Terms and Conditions of the Miles & More payment card concerned.

 

2.3.5 Other options for earning miles

Other short- or long-term options for earning miles and their terms and conditions will be notified separately in Miles & More communication channels or by the respective Miles & More partner companies.

 

2.3.6 Mileage credits exclusions

For specific booking and service classes and special fares, mileage credits are excluded, e. g. benefits on reduced industry fares (ID, IP, AD, GE, UD, DG, PEPs, etc.), for award services, free flights or services for which the member receives benefits under other bonus programmes. For certain other services, a mileage credit for the booking or purchase of the relevant service may be excluded by an announcement to this effect to the member.

Any mileage credit is also excluded for unused, reimbursed, lapsed or unlawfully obtained documents (tickets, coupons, invoices, etc.). The same applies in other cases where the service qualifying for earning miles is not used or payment is refunded.

2.3.7 Crediting procedure

Miles will only be automatically credited to the member’s account if the Miles & More customer or card number or the Miles & More card or another customer card eligible for earning miles is presented at the time when the service qualifying for earning miles is used. Miles are credited after the service which qualifies for earning miles is used.

Miles not automatically credited can be credited to the member’s account within six months after the service has been used. In this case, the member must provide an operator with complete documentation (e.g. original boarding pass and a copy of the passenger receipt, the original hotel or car rental invoice or the original receipt for purchasing the product or service). Letters and documents sent to the operators are scanned, digitally archived and are then destroyed after being scanned. There is no entitlement to the return of the original letters and documents submitted.

If a mileage credit is made despite there being a reason for an exclusion under paragraph 2.3.6 or a credit has been wrongly issued for other reasons or there has been a misuse by the member, the operators reserve the right to transfer back or withhold the relevant credit.

2.4 Redeeming miles

2.4.1 General provisions for redeeming miles

Members may redeem their award miles for awards as soon as their mileage account has a sufficient balance. This is subject to the availability of the award in accordance with paragraph 2.4.6. Award offers and the number of award miles required in each case will be published in the current Miles & More communication channels.
Status miles and HON Circle miles cannot be redeemed for awards. Select miles entitle the member to acquire various benefits as part of a frequent flyer status. The required number of Select miles and other provisions for redeeming Select miles will be published in the current Miles & More communication channels. Miles cannot be converted into cash to be paid out to the member.

2.4.2 Flight awards

Flight awards can be obtained for scheduled flights operated by Lufthansa, a joint operator or a Miles & More partner company and for selected charter flights. The number of award miles required for this depends on the mileage table (“flight award chart”) valid at the time of booking and published in the current Miles & More communication channels, in particular at www.miles-and-more.com/flugpraemientabelle. Where the departure airport and final destination are located in different award zones (open-jaw flight), the relevant higher award zone will apply for the miles redeemed. The award flight must be booked upon request. The deadlines for requesting the issuing of the award flight ticket(s) depend on the airline concerned. Members will be given these deadlines at the time of booking the award ticket via the Miles & More Service Centre. The General Conditions of Carriage of the operating carrier shall apply except where otherwise specified in the General Terms & Conditions for Miles & More Flight Awards for the flight in question claimed as a flight award.
Members are responsible for paying taxes, charges and supplements credited to the airlines concerned and any service fees in addition to the miles claimed. Information about the amounts will be provided by the Miles & More Service Team.

2.4.3 Upgrade awards

On scheduled flights operated by Lufthansa, a joint operator or some Miles & More partner companies, one-way upgrades can be requested as an award for each “point-to-point connection” (part of route) in the next highest travel class, provided there is one fully paid ticket (cf. paragraphs 2.3.2 and 2.3.6). The number of award miles required for this is determined by the mileage table which is valid at the time of booking and published in the current Miles & More communication channels, in particular at www.miles-and-more.com/flugpraemientabelle.
Certain fares, booking classes and group bookings may be excluded from the upgrade. For more details, see the Terms & Conditions for Miles & More flight awards, which can be downloaded from www.miles-and-more.com/flugpraemien-agb. The conditions of the original ticket continue to apply in the event of an upgrade. The conditions for re-booking upgrade awards can be obtained from the Miles & More Service Team.

2.4.4 Other awards

Other awards, the terms and conditions of use and other possible uses for miles will be published separately in the current Miles & More communication channels.

2.4.5 Award requests

Awards may be requested from an operator, a joint operator or a Miles & More partner company depending on the respective award, quoting the Miles & More card number and PIN. Various awards require advance booking deadlines (such as postal delivery times) which can be found in the Miles & More communication channels or requested from the Miles & More Service Team. Where technically possible, an award electronic ticket may be issued up to one business day prior to departure.

 

2.4.6 Availability and special conditions for awards

The availability of awards may vary according to the date, season and destination. Individual awards may not be available at certain times. Awards cannot be combined with certain discounted services (in accordance with paragraph 2.3.6).

The operators or joint operator have no influence on the availability and quality of awards provided by Miles & More partner companies. Neither the operator nor the joint operator of the programme is therefore responsible for the availability of the services of other Miles & More partner companies (e.g. flights, hotel stays, car rental) and the appropriate fulfilment of these contracts. Such services are governed by the General Terms & Conditions of the Miles & More partner company concerned.

 

2.4.7 Issuing of award documents

If the award requested is available, the member receives award documents (award tickets and/or certificates for other awards). Award tickets and upgrade award certificates will only be sent out as paper documents if the standard electronic transmission as an electronic ticket or eUpgrade is not possible.

In exceptional cases, award tickets and upgrade awards certificates can be requested seven working days before the departure date after consultation with the Miles & More Service Team, and can be sent by express delivery at an additional service charge. Outside Germany, the period for the express request may differ from the Terms & Conditions specified here.

In their own interests, members should check immediately that the documentation sent is complete and the contents are correct as per their request. Award flight documents are valid for twelve months from issue. The validity of other award documents (e.g. for experience, car rental, hotel and tourism awards) can be found in the respective Miles & More communication channels.

2.4.8 Transferability and trading award documents

Award documents, particularly award tickets, may only be given away to people for their own use, if the member personally has a mutual relationship with them, e. g. family members, friends and acquaintances, but cannot be exchanged for other awards or cash.

In all other respects, the sale, exchange, offering for auction or any other transfer of award documents to a third party is prohibited. Negotiating for the purchase or sale of award documents, the unauthorised acquisition and unauthorised use of award documents are also prohibited. Miles & More Gift Cards and eVouchers count as award documents within the meaning of this paragraph 2.4.8.

2.4.9 Return and loss of award documents

Depending on the respective type of award, a flight award may be returned subject to a service charge. The conditions of return and the amount of the service charge can be found in the Miles & More communication channels valid at the time of the return or can be obtained from the Miles & More Service Team.
Stolen or lost award documents can only be replaced and reissued on payment of an appropriate service charge, providing the conditions of the type of award concerned allow; conditions can be obtained from the Miles & More Service Team. Otherwise, the member will be refunded the award miles less a reasonable service charge; information about this can also be obtained from the Miles & More Service Team. No service charge will be deducted if the documents were lost in the post on the way to the member and the member has reported not having received the documents to the Miles & More Service Team within 21 days of requesting them.

 

2.4.10 Improper use

A member is acting abusively within the meaning of these Terms and conditions of participation if by their actions they fulfil the conditions within paragraph 2.1.3 (Transfer/trading of miles) or paragraph 2.4.8, sub-paragraph 2 (Transfer of award documents).

2.4.11 Consequences of improper use

In the case of an improper use for which the member is accountable, the operators reserve the right to terminate or withdraw the award documents, refuse to issue an award or refuse to accept the redemption of an award.
The right to terminate in accordance with paragraph 3 and the right to assert further claims against the member, including claims for damages, remain unaffected.

If the improper use relates to an award ticket, in the event of travel the operators also reserve the right to recalculate the actual fare in euros and charge this to the member who has infringed paragraph 2.4.8. Award miles already deducted for the award ticket will be credited back to the member’s mileage account after recalculation and after payment in full.

In the case where awards are gained by misrepresentation by the member, having earned award miles by improper use (cf. paragraph 2.1.3), the operators reserve the right to demand compensation for damages instead of recalling the number of miles required for the award if the mileage account balance is insufficient for the recall of the entire amount of improperly acquired award miles. The operators also reserve this right if the mileage account has a negative balance or in other cases of improper use or behaviour by the member contrary to the rules.

The member retains the right to prove that no or lesser damage has occurred in all cases.

2.5 Expiry of award miles

If award miles are not redeemed for an award in the mileage account within 36 months of the event (start of the flight in question, start of the hotel stay, start of car rental etc.), they expire by the end of the next quarter, unless a longer deadline is announced through the Miles & More communication channels.

The date and amount of the expired miles will be indicated separately in the Miles & More account information or in the member’s individual online mileage account at least one quarter before the expiry date concerned.

2.6 Taxes, surcharges and service charges

All additional costs such as taxes, fees, surcharges due to the airlines concerned and service charges associated with the issue or use of an award must be borne by the member and will be billed via their credit card. Information about the amount of taxes, fees, surcharges and any service charges due can be obtained from the Miles & More Service Team.

3 Breach of Terms and conditions of participation, account blocking and termination of the agreement

3.1 Termination, blocking and exclusion from programme membership

3.1.1 Ordinary cancellation

The member may duly terminate the contractual relationship in writing at any time without observing a notice period.

Ordinary termination by the operators is possible without providing reasons subject to four weeks’ notice. Contrary to the above is the ordinary termination of a member with a frequent flyer status by the operator; this is only possible without providing grounds for doing so at the earliest at the expiry of the frequent flyer status existing at the time of termination, but a notice period of a minimum of four weeks must be observed.

3.1.2 Extraordinary termination

Regardless of a member’s frequent flyer status, an extraordinary termination without notice, as well as exclusion from programme membership, can be made by the operators and with future effect. An important cause is present in particular in the event of a serious, culpable violation by the member of the Terms and conditions of participation or General Conditions of Carriage of Lufthansa, a joint operator, a Miles & More partner company or against any other Miles & More rules agreed for the member.
The same applies in the event of improper use in accordance with paragraph 2.4.10 as well as fundamental misrepresentation, harassment or harmful conduct towards employees or customers (such as passengers) of an operator, a joint operator or Miles & More partner companies. The same applies if instructions from staff concerned are not followed, particularly on board or in lounges. Except in the case of § 323 Para. 2 of the German Civil Code, an extraordinary termination can only be carried out after a period set for unsuccessful remedial action has expired or after fruitless warnings have been made.

3.1.3 Blocking and exclusion from programme membership

In the case of Paragraph 3.1.2 the operators may instead of exercising the right to terminate, decline the granting of a frequent flyer status or unilaterally announce the end of an existing status without giving notice.

In addition, the operators have the right to block the member’s account in the cases described in paragraph 3.1.2. The power to block the member’s account also exists in the event of objective grounds for suspicion of the existence of important grounds, and for a period required to properly investigate the circumstances of the case. The member can make no claim against a justified blocking of the account due to one of the rules above.

Renewed membership of Miles & More is prohibited following a termination by the operators. These Terms and conditions of participation continue to apply to the settling of the relationship following termination.

3.2 Mileage validity at termination

3.2.1 Ordinary termination

In the case of ordinary termination by the member or the operators, the award miles retain their validity for a period of twelve months after receipt of termination, as long as the miles are not protected against expiry for longer due to an existing frequent flyer status, or earlier expiry occurs in accordance with Paragraph 2.5.

If when he/she receives the notification of termination, the member is in possession of more than 500,000 award miles, the award miles retain their validity for a period of 36 months after receipt of termination as long as the miles are not protected against expiry due to an existing frequent flyer status, or earlier expiry occurs in accordance with Paragraph 2.5.

3.2.2 In the event of extraordinary termination

In the event of justified extraordinary termination without notice by the operators, the award miles continue to be valid for a period of six months after receipt of the termination unless an earlier expiry occurs in accordance with paragraph 2.5.

3.3 Programme termination

The operators reserve the right to discontinue Miles & More at any time and to terminate the membership agreements in an orderly manner. Paragraphs 3.1 and 3.2 apply to such terminations accordingly. The same applies where Miles & More is replaced by a different programme. In this case, the member also has the right to terminate in accordance with paragraph 3.1. The same applies if the operators of Miles & More were to change. Paragraph 3.2 applies in both cases.

4 Other

4.1 Liability

The following applies to loss or damage incurred by members in connection with their membership which is caused by an operator, a joint operator or their respective agents: in the case of intentional or gross negligence and if a guarantee exists, the liability is unlimited. Liability in the event of injury to life, body or health is also unlimited in cases of minor negligence. In the event of a minor negligent breach of essential contractual duties, liability is limited to the property damage and financial loss attributable to this to the extent of the foreseeable loss or damage as it typically occurs. A fundamental contractual obligation is the obligation which must be met for the correct execution of the agreement where compliance can be relied upon by the member as a rule. Any further liability for compensation is excluded, other than for claims under the German Product Liability Act.

 

4.2 Data protection

The personal details relating to the member’s membership will only be collected, processed and used for the operation of Miles & More. More information about the operation of the Miles & More programme and the collection of data can be found at www.miles-and-more.com/datenschutz.

These details include the data provided by the member at registration and during their membership (“master data”), as well as data coming in to the operators, joint operators or Miles & More partner companies in connection with their membership (particularly with earning and redeeming miles) (“programme data”).

Personal data may be forwarded to joint operators for the administration, further development and marketing of Miles & More as their own programme, if

 

  • a member has registered with Miles & More via a joint operator; in this case the Master Data collected via the Miles & More card number and the member’s Programme Data relating to the joint operator’s services may be passed to the joint operator,
  • if the joint operator is an airline and the member’s residence is located within the home market of this joint operator; in this case the Master Data, the Miles & More card number and the member’s Programme Data may be passed to the joint operator,
  • where the joint operator is an airline and the member is using flights from this joint operator; in this case the member’s Programme Data may be passed to the joint operator in addition to the Master Data,
  • if a member has gained a frequent flyer status with a joint operator; in this case the member’s status data may be passed to the joint operator in addition to the Master Data and the Programme Data related to the services provided by the joint operator.
 
Furthermore, airlines within the Lufthansa Group (as listed at www.miles-and-more.com/mitherausgeber) have combined their customer loyalty activities. This means that the member’s master data and the status and program data obtained by a Lufthansa Group airline are managed in a joint database for all Lufthansa Group airlines. In particular, this data may be processed and used in summarised form (that is with no possibility of a particular member being identified) for analysis for the management, further development and marketing of Miles & More.

In addition to the aforementioned purposes, personal data may also be processed and used by the operators, joint operators and/or Miles & More partner companies on the basis of a separate consent given by the member for other purposes in addition to the purposes stated above (in particular for sending information about Miles & More or products of the operators, joint operators or Miles & More partner companies including analyses for the preparation of such mailings).

Further information on the collection, processing and use of personal details by Miles & More can be found in the Miles & More data protection notice. This can be downloaded at www.miles-and-more.com/datenschutz or may be requested by emailing the Lufthansa Group Data Protection Officer (datenschutz@dlh.de).

4.3 Loss and theft

Loss or theft of, or damage to the Miles & More card must be reported to the Miles & More Service Team immediately. A new card will then be issued.

4.4 Changes to the programme or the Terms and conditions of participation

The operators reserve the right to make any changes or additions to the Terms and conditions of participation, the awards, the flight award chart or other processes described in the programme documents for Miles & More, providing this does not discriminate against the member in bad faith. Claims for compensation by members against the operators for legally required country-specific changes are excluded.

Changes or additions to the awards, the flight award chart or other processes for Miles & More described in the programme documents will be published in the Miles & More communication channels.

Changes or additions to these Terms and conditions of participation will be published in writing. The changes or additions to the Terms and conditions of participation are deemed to be approved unless a member submits an objection in writing within two months of publication. The operators will refer to this consequence specifically at the time of publication. If a member rejects the change or addition, their membership can be terminated by means of ordinary termination in accordance with paragraph 3.1 of the Terms and conditions of participation.

4.5 Law, place of jurisdiction

German law shall apply. If the member is a merchant, the place of jurisdiction is Frankfurt am Main, Federal Republic of Germany. The same applies if the member does not have a general place of jurisdiction in Germany and is not resident within the European Economic Area (EEA). If the member is a consumer with a residence outside Germany but within the EEA, the member has the option of filing claims in Frankfurt am Main, Federal Republic of Germany, as well as at a competent court in the country in which they are resident. In addition, the member may also be sued at their general place of jurisdiction or any other location where there is legal jurisdiction. Operators are not obliged to take part in arbitration proceedings, nor are they entitled to offer the opportunity to participate in such proceedings.

 

As at 01/2017