LATAM FIDELIDADE PROGRAM RULES

Transcription

1 LATAM FIDELIDADE PROGRAM RULES THE LATAM FIDELIDADE PROGRAM ( Program ), developed by TAM LINHAS AÉREAS S.A. ( LATAM ) registered in the CPNJ [Cadastro Nacional de Pessoas Jurídicas (National Register of Legal Entities)] under no / , seeks to incentivize the use of its air transportation services by the Customer. 1. General Terms 1.1. All individuals who are older than 02 (two) years of age and have registered with LATAM and Multiplus, may participate in this Program, as set forth in this Regulation, hereinafter called Customer(s), considering that participation in the Program will depend on their full and unrestricted agreement with the terms of these Rules If the Customer is a minor between 16 and 18 years of age or a minor under 16 years of age, according to the terms of Brazilian civil legislation, their registration for use of the Program, and consequently acceptance of these Rules, must be undertaken together with Customer s parents or guardian, as assistants or representatives, and, depending on the case, the Customer s parents or guardian will henceforth be responsible for the Customer s actions in use of the Program, in the event of any illicit conduct, as per applicable civil law The Customer is responsible for understanding these Rules, as well as the information provided to them by LATAM. The Customer must keep all registered information complete and properly updated, or they risk being unable to enjoy all the awards, advantages and benefits offered through LATAM FIDELIDADE. LATAM and MULTIPLUS are not responsible, under any circumstances, for any harm or loss resulting from incorrect information presented by the Customer To join the Program, the Customer may register via the website, or at the website or by any other means that LATAM may disclose. Only one registration per Customer is allowed.

2 Before joining the prospect should read these Rules and their Appendixes completely. When requesting to register for LATAM Fidelidade, the prospect confirms their unsolicited membership in the Program, as well as express their agreement with all rules, terms and conditions provided under these Rules The Program participant number will be the Customer's CPF [Cadastro de Pessoa Física (Social Security Number)]. Customers who do not have a CPF (foreigners and underage customers) will be given a 12 digit user number. This number will be given at registration Changes to Customer registration and/or issue of a new password can only be completed by the Customer, at any time, by submitting the necessary documentation through the Multiplus channels, upon request through the LATAM call center or on the website To demonstrate the validity these Rules being accepted by the Customer, as well as to demonstrate their wishes in this sense, LATAM will store log records of their acceptance, upon registration In the case of any disagreement, total or partial, with the terms of these Rules, the Customer should abstain from completing registration on any LATAM or MULTIPLUS portal and/or cease participation in the Program Points and tickets redeemed through Pontos Multiplus ( Reward Tickets ) may only be used in accordance with these Rules It is expressly prohibited for the Customer to in any way sell the benefits, advantages or Reward Tickets obtained through this Program, including, but not limited to purchases, sales, assignment, donation or exchange of Points. Proof of such practices will result in immediate exclusion of the Customer from the Program and the cancellation of their Points, as well as application of appropriate legal measures, with no compensation owed to Customer as a result of this exclusion.

3 1.8. The Points obtained as per these Rules are personal, and are unable to be transferred to any third party, of any kind, including through succession or inheritance, except in procurement and use of products specified for point transfer. In the case of the Customer s death, the account will be closed and the existing points and Reward Tickets issued will be cancelled LATAM reserves the right to exclude the Customer from the Program and cancel their Points, regardless whether applicable legal measures are taken, when there is duly proven knowledge of irregular conduct, falsehood or dishonesty employed by the Customer in use of or in obtaining Program benefits, and can also impede their later return to the Program, without restriction LATAM reserves the right to temporarily suspend, at any time and through prior communication to the Customer, 90 (ninety) days in advance of such suspension, the use of Reward Tickets or redemption of Points LATAM may cancel or change the Program, as well as perform any changes to these Rules, at any time and through prior communication to the Customer, 90 days in advance Customers may accumulate and/or redeem points, on flights operated by LATAM Customers may accumulate or redeem points on flights made by partner airline companies, including members of the oneworld global alliance, as long as the accumulation and/or redemption of points takes place according to an individual partnership established between LATAM and those companies Information regarding partnerships can be found on the website and within the LATAM service channels. The Points, in those cases, will be granted by LATAM to Customers in accordance with the established partnerships between LATAM and the referenced companies.

4 1.14 Points obtained by Customers, in accordance with these Rules, will be counted for use not only in the LATAM Fidelidade Program, but also in the Multiplus Fidelidade network loyalty program. For additional information regarding Multiplus, Customers should consult the respective Rules on the website Membership in the LATAM Fidelidade program results in automatic membership to the Multiplus program. 2. How to Earn Points 2.1. Multiplus Points: considering the rate effectively paid and the Customer category in the Program, the Customer, who has properly registered and joined the Program, will earn Points, according to the rules and information available to the Customer at the time a ticket is purchased and on Elite Points: considered the distance in miles of the segment flown, the Customer, who has properly registered and joined the Program, will earn Points, which may undergo variations as a result of the rate profile for the ticket, according to the rules and information available to the Customer at purchase and on the LATAM website Elite Points are differentiated from Multiplus points, inasmuch as Elite Points will be valid for changes in Program categories (as per item 5 in these Rules) and Multiplus Points will be valid for award redemption Multiplus and Elite Points are personal and non-transferable, and for this reason will be awarded exclusively to the Customers themselves who effectively completed the flight and presented their participant number or CPF at the time of Check-in, or already have reported the participant number when making the flight reservation with LATAM, as such the Program will not benefit the payer of the airfare, but always the traveler who holds the airfare.

5 Program Points will be awarded through regular LATAM flights and those on other airlines that have established partner agreements with the Program, which are listed on the website Flights in partnership with LATAM operated on aircraft belonging to other airlines, will not be valid for Program Points, except in exceptional cases which are previously disclosed by LATAM and communicated to the Customer when they purchase their airfare Partnership agreements may be changed or cancelled at any time, with 90 days prior communication to the Customers. The changes will be available on the communication channels provided by LATAM and through the partner companies Accumulation rules for Multiplus points acquired through LATAM flights will be based on the rules specified below: For domestic flights, within Brazil, the number of Multiplus points accumulated will be awarded based on the price of the fare paid and the segment flown by the Customer. The points accumulation factor will be determined by the country of residence and by the level of the Customer in the Program. For residents of Brazil: (i) LATAM: accumulation of 2.5 points for every real spent, (ii) GOLD: accumulation of 4 points for every real spent, (iii) PLATINUM: accumulation of 6 points for every real spent, (iv) BLACK: accumulation of 7 points for every real spent, (v) BLACK SIGNATURE: accumulation of 8 points for every real spent. More information is available on Purchases made in other currencies, will be converted to dollars and then, to Reals, so the Point calculation will be based on the price of the fare paid, according to explanation above. The Real conversion will take place according to the IATA official exchange closing rate on the day of purchase. For Customers at the Black Signature, Black and Platinum levels, there will be a minimum of 500 Points for domestic flights within Brazil.

6 For international flights, with origin or destination within Brazil, the number of Multiplus points accumulated will be awarded based on the price in dollars of the fare paid by the Customer. The points accumulation factor will be determined by the country of residence and by the level of the Customer in the Program. For residents of Brazil: (i) LATAM: accumulation of 5 points for every dollar spent, (ii) GOLD: accumulation of 8 points for every dollar spent, (iii) PLATINUM: accumulation of 10 points for every dollar spent, (iv) BLACK: accumulation of 11 points for every real spent, (v) BLACK SIGNATURE: accumulation of 12 points for every real spent. More information is available on For purchases made on other currencies, those will be converted to dollars, so the point calculation will be based on the fare paid, according to explanation above. The Dollar conversion will take place according to the IATA official exchange closing rate on the day of purchase The Customer s country of residence must be properly updated on the Program registration The release of Points in the Customer account for trips completed on LATAM flights will occur within a period of 7 business days counting from the date of the flight, as long as the Customer has obeyed the procedures set up in these Rules and the LATAM Fidelidade number is registered at the time of purchase or during check-in. The deadline established here may be extended in order for LATAM to complete proper validation Points for product purchases from LATAM TRAVEL: through the partnership established by into by LATAM and LATAM TRAVEL, the Customer may receive Program Points for the purchase of complete tourist packages and other products offered by LATAM TRAVEL. LATAM bears no responsibility for the services or products offered by LATAM TRAVEL It is up to LATAM TRAVEL to provide all information and clarifications regarding the partnership with its Customers, especially related to deadlines for crediting of Points, terms for transfer of points acquired in connection with LATAM TRAVEL, and the equivalent amount in products or services with LATAM Fidelidade Program Points.

7 2.8. When presenting themselves at check-in for LATAM flights, the Customer is required to present their physical or virtual Card, using the LATAM Airlines cell phone app. If the card is not available, the Customer must provide their CPF or participant number for the LATAM Fidelidade program for registration of the respective Points, or forfeit the right to them For control and/or request for analysis for manual registration for Points, the Customer should maintain in their possession a copy of the airline ticket and the respective boarding passes, and payment documentation for Credit Card statements, when that was the payment method used. These documents are required to be presented for complaints about any Program advantage or benefit. In the event of Points not having been released or registered in the Program, or if there is discrepancy, the Customer should forward copies of the aforementioned documents to LATAM within 6 (six) months from the date of the flight, for analysis of their request. If this period expires without any declaration expressed, the right to Points will be lost Points are cumulative in Customers' Multiplus accounts, in other words, all points acquired through LATAM flights, purchases from LATAM TRAVEL, purchases with the TAM ITAUCARD and Multiplus network partners will be available in a single Multiplus customer account, and at LATAM s discretion they may add special promotions for defined periods, during the course of the Program, both for redemption of Reward Tickets, observing that the aforementioned promotions will be disclosed via the LATAM website, as well as in marketing campaigns and, depending on the case, in the media in general Airline tickets that will not receive points: those issued under a specific promotional or reduced rate; as a result of specific sales, trade financing, or legal agreements; on non-regular flights; courtesy tickets; from other airlines, without the due endorsement of LATAM; on flights offered by companies which do not have a loyalty program partner agreement with LATAM; from employees and/or third parties in travel services to be provided by LATAM, or from companies connected or affiliated with LATAM.

8 2.11. LATAM reserves the right to cancel Points originated from airline tickets considered irregular, as well as to suspend the redemption of Points for defaulted Customers or those with some other type of regularity with LATAM. 3. Point Redemption 3.1. Multiplus Points obtained by the Customer as per these Rules will be released automatically in Customers Multiplus accounts and may be redeemed by Customers as follows: (i) issue of Reward Tickets to be used on regular LATAM flights or on partner airlines, (ii) perform a service class upgrade when the ticket was purchased for full fare, or on fares determined by LATAM, and (iii) to issue payment of administrative fees related exclusively to the Program, as per item 3.9, not permitting the use of points for payment of airport fees or any other government fees. LATAM may, at any time, launch new ways to redeem Points, replace or modify the current ones through prior communication 90 days in advance. Elite Points obtained by the Customer as provided by these Rules will also be released automatically into the Customer s account, but they will not be valid for reward redemption Reward Tickets can be issued at LATAM stores, in the Sales Center or through the Multiplus platform available at Redemption should be made using a personal password registered by the Customer himself/herself when signing up for the program. The password and the Customer s personal information may be changed any time by the Customer, according to the instructions in Multiplus. Redemption will take place with the minimum Points needed to issue a Reward Ticket, according to the Program s communication channels LATAM will not be responsible for the improper use of the number and or of the redemption password, including, but not limited to, cases of loss, robbery or theft by any method or means. The improper use of access data will be the Customer s exclusive responsibility, including the responsibility for loss resulting from improper use by third parties, exempting LATAM and Multiplus from any responsibility for such acts.

9 At the time of redemption, the insertion of an authorization code may be requested, to be sent to the Customer s telephone number of record. The Customer agrees to keep their contact phone numbers, address including country of residence and address properly updated (as per the update process described in item 1.4), as well as to maintain the authorization code received under strict secrecy, not disclosing, supplying or sharing, by any means or form For issue of Reward Ticket it is required that the Points have been released to the Customer, and that they are within the validity period, which is, the period of 2 (two) years from the date of occurrence of the oldest Point event All rules for Reward Ticket issue in the Customer s own name, are also valid and applicable for reward ticket issue by the Customer to a third party The customer will receive LATAM and Multiplus communications through their channels, informing Customers of their point balance and information pertaining to the Program. The Customer may also consult LATAM or Multiplus, through their communications channels in order to monitor their point balances, and to obtain other information pertaining to this Program With applicable advance notice, the Customer should complete and confirm their reservation on the LATAM flight of interest, where it is required to advise that they will use Points from this Program and to indicate the date and time of the flight and their choice of class on the aircraft. The reservation will be completed exclusively in the specific reservation classes for that type of use, and are conditioned on the number of points available in the Customer s account for issue and/or availability of seating on the flight and date selected, thus, if the Customer does not have sufficient balance for issue or the class of reservation for Reward Tickets, use is not available on the flight selected by the Customer, the reservation cannot be completed, even if there is a space available in other reservation classes. Once reserved, issue of the Reward Ticket will be immediate.

10 3.4.1 All destinations operated by LATAM will be available for redemption 365 days in advance of the flight date. Destinations operated by partner airline companies will be available for redemption as per the partner airline company s own rules Customer acknowledges that the Points necessary to obtain advantages from this Program may vary due to several factors, such as: segments, numbers of available connections on the selected segment, flights, dates, aircraft, service classes, fares, low and high season periods, the sales channels they choose, among others. It is up to Customers to obtain information in advance via the available LATAM communication channels regarding the Point lists, as per clause below To redeem Reward Tickets on LATAM flights, different types of redemption profiles are available, as per the rules available on the LATAM communication channels and on the Multiplus website at The Point lists needed for obtaining advantages and benefits from this Program and launch of promotions which involve the Program will be disclosed by LATAM to the Customers via its website via the Multiplus website though correspondence, advertising or through other means of communication which LATAM and Multiplus make available, and those may change in the course of the Program, though prior communication to the Customer 90 days in advance, except when related to promotional lists Both for redemption of Points earned for flights operated by LATAM itself, as well as for trips operated by other LATAM partner airline companies, Customers may issue the airfare in one-way segments only, or round trip.

11 3.7. The Customer may pay for the airfare in one cabin and board in the cabin one level higher, Premium Economy or Premium Business, by redeeming their Points as an award through the product Upgrade with Points. As such, the original ticket should be purchased, for the full fare amount, or on fares determined by LATAM, which still require specific Points, depending on the terms of the segment, the available fee class and date, selected for the trip Within their validity period, Reward Tickets will allow: (i) segment substitution, for the flight and date based on payment of applicable administrative fee for the selected redemption profile, which will be communicated at the time of purchase, to be paid by the Customer when the new airfare is issued; and (ii) cancellation of valid and unused airfares, with reimbursement of respective Points, as long as it is within a 2 (two) year period, on the Customer s Multiplus account, minus the applicable administrative fee for the selected redemption profile. For this purpose, Points used to obtain the ticket to be canceled should be within their validity dates, according to this Program In any case, the Points necessary to obtain advantages from this Program should be obtained by a single account holder, who will be the beneficiary of the Reward Tickets or a third party they indicate Customers will cover the cost of the airport tax, whose charge is determined by the local aviation authorities, and other official fees, taxes and charges of any nature that happen to be instituted by national and/or international authorities, as well as payment of additional amounts for corresponding performance of services through available channels by LATAM for Reward Ticket issue Reward Tickets issued through Point redemption on LATAM and partner flights must be used within the maximum and non-extendable period of 365 (three hundred sixty-five) days from the date of issue. The non-use of the ticket in the stipulated periods will result in expiration, and consequently loss of the respective Points.

12 4. Segments 4.1 Connections, with aircraft change which a flight has until its final destination will be considered 01 (one) Segment, i.e. each stop will be counted as a Segment until the final destination. For example, a Segment departing from airport A, connection in airport B and final destination in airport C, in this case will be counted as 02 (two) Segments (from A to B and from B to C ). Stops with no change of aircraft will not be considered as a Segment Cases which are not provided above will not be considered new flight segments. 5. LATAM Fidelidade Card Levels 5.1. There are 05 (five) Levels for the LATAM Fidelidade Card, which are: LATAM, GOLD, PLATINUM, BLACK and BLACK SIGNATURE. LATAM may, at any time, launch new Card levels and/or categories, replacing or modifying the current ones, based on prior communication to the Customers It is hereby established, as part of LATAM s membership in the oneworld global alliance of airline companies, that the BLACK SIGNATURE and BLACK levels will be matched to the oneworld Emerald category, the PLATINUM level will be matched to the oneworld Sapphire category, and the GOLD level will be matched to the oneworld Ruby category Starting January 1, 2017, in order to get promoted or keep the same Card Level, the Customer must have accumulated between January 1 and December 31 ( Calendar Year ), at least, the following Points (Elite Points) exclusively on LATAM and oneworld flights: (i) 10,000 Elite Points for GOLD; (ii) 40,000 Elite Points for PLATINUM; (iii) 100,000 Elite Points for BLACK; and (iv) 150,000 Elite Points accumulated only on LATAM flights for Black Signature.

13 5.2.1 By January 1, 2017, if the Customer does not attain the Point amounts on the necessary flights for an upgrade or to maintain the same Card Level, a second criteria for evaluation will be considered, the number of paid LATAM segments completed over the last Calendar Year, at least: (i) 10 segments on LATAM flights for GOLD; (ii) 40 segments on LATAM flights for PLATINUM; (iii) 100 segments on LATAM flights for BLACK and (iv) 125 segments on LATAM flights for BLACK SIGNATURE Starting January 1, 2017, if the Customer does not reach the Points needed on flights for an upgrade or to remain in the same Card Level, or does not reach the necessary segment numbers, a third evaluation criteria will be considered: the Customer must have accumulated in the same Calendar Year, at least the following points exclusively on LATAM or oneworld flights, plus the number of paid LATAM segments flown, at least: (i) 60,000 Elite Points plus 6 segments in a LATAM upgraded cabin (Premium Economy or Premium Business on flights greater than 1,000 miles departing from Brazil) for BLACK; and (ii) 120,000 Elite Points plus 12 segments in a LATAM upgraded cabin (Premium Economy or Premium Business on flights greater than 1,000 miles departing from Brazil) for BLACK SIGNATURE Downgrade of levels may occur ( downgrade ), which will always result in a higher level moving to the level immediately lower, according to evaluation made annually by LATAM, considering Points accumulated during 01 (one) Calendar Year The above clauses, which establish the rules to be promoted or to remain in the same Card Level, are applicable only for Customers who are residents of Brazil. For countries of residence other than Brazil, the applicable rules are available on the local company website, under the loyalty program rules section The Program may offer exclusive benefits and services for each Card Level, which will be communicated to the Customers through LATAM communication channels, and in other opportunities, whenever necessary.

14 5.4. Customers will have access to the Program benefits: (i) via the respective participant s number or; (ii) CPF number, or; (iii) by presenting the virtual card available on the LATAM Airlines App or; (iv) via or; (v) via the Customer Service Line telephone (Brazil state capitals) and (throughout Brazil); as there is no way to print a physical card. 6. Usage and privacy policy 6.1. By accepting these Rules, Customers freely and willingly consent to the collection, use, storage, processing and exclusion procedures pertaining to their data, under the exact terms outlined below LATAM may share all information provided by the Customer with other LATAM Airlines Group companies, which may be located outside of Brazil, as well as such information may be stored within Brazil or in another country LATAM will collect all the data supplied by Customer when they register for the Program, such as, but not limited to: name, address, telephone number, address, as well as any other data provided by Customer when they register for the Program and during its use LATAM may also access other Program-related data about Customers, such as data provided by credit card operators and partner airlines, for the purposes of calculating points in Customer accounts The data collected will be used by LATAM to provide services through the Program, as well as to operate, maintain, provide and improve the Program and other services provided by LATAM. Furthermore, LATAM may use the data collected for advertising purposes to promote their services to Program Customers, which Customer hereby agrees to and authorizes The User may express their interest in not receiving newsletters and other marketing materials sent by LATAM at any time, just click on the unsubscribe link in the newsletter body.

15 6.1.6 Thus, by these Rules, the User provides free and willing consent that data collected may be shared, used and stored by third parties, in the following cases: (i) necessity to share data with partner companies, including Multiplus, credit card operators and airlines, for the purpose of calculating Customer Program Points; (ii) for the protection of LATAM s interests in the event of any disputes; (iii) in the event of transactions and modification in the articles of incorporation involving LATAM, whereupon the transfer of the data will be necessary for ensuring continuity of the services; and (iv) upon court subpoena or order from government authorities with the legal jurisdiction to request such data Upon request from the Customer, their registration data will be deleted by LATAM. Requests of this nature will, however, result in the end of Customers participation in the Program, and the exclusion of their points, without any compensation owed to the respective Customers. Furthermore, after exclusion, LATAM will store the data collected for the mandatory storage time frame stipulated by Brazilian legislation. 7. Program Validity 7.1. The Program will remain in force indefinitely, and can be changed at LATAM s discretion, based on prior communication to Customers 90 (ninety) days in advance. In case of changes, Points released to the Customer, Reward Tickets already issued, as well as Reward Tickets issued in their names or in the names of persons they indicate, while these Rules are in force, will remain valid for the respective periods indicated in these Rules These Rules will be governed and interpreted according to Brazilian law Air Transport based on the use of Reward Tickets or Point redemption is regulated by the Código Brasileiro de Aeronáutica [Brazilian Aviation Code] (Law No /86) by the Montreal Convention (Decree No /06), by the Decrees and Resolutions of the Agência Nacional de Aviação Civil [National Agency of Civil Aviation] and other applicable law.

16 7.4. These Rules are duly registered in the 1st Oficio de Registro de Títulos e Documentos da Cidade de São Paulo [1st Official Title and Document Registry of the City of São Paulo], replacing or canceling previous records. TAM LINHAS AÉREAS S.A. Rules take effect on 04/30/2017