GOL - Smiles ­ Smiles Program Terms and Conditions

THE SMILES

Smiles Program Terms and Conditions

 
The Smiles S.A., (“Smiles”) company was formed to operate in the commercial awards and loyalty segment, in partnership with a wide network of companies and institutions in various markets, in order to provide Smiles program (“Smiles Program”) participants (“Participants”) with various awards and advantages.
 

Initially created by and for airlines, the Smiles Program uses miles as a unit of value.  Due to its success, Smiles aims to continuously improve the Program through cooperation with several commercial partners by making available new products and services for awards, in addition to already established awards in airline services, to provide its Participants with ever more benefits. 

The Smiles Program consists of Participants accruing and redeeming miles.  Miles are accrued through the use and/or consumption of products and services offered by participating Program Partners. According to the program’s terms and conditions, the Participants can exchange miles for various awards. 

The Terms and Conditions of the Program are available below for your information. By accepting and following these Terms and Conditions the interested party can register and enjoy all of the Program’s benefits and advantages. 

 

1.  THE SMILES PROGRAM 

1.1 Program – The Smiles Program consists of registered Participants obtaining, accruing and redeeming miles.  When a Participant obtains miles as per these Terms and Conditions, these miles will be added to a unique account created in the Participant’s name as his or hers “Smiles Account.”

1.2. Accruing and Redeeming – Smiles Participants can accrue miles by flying Gol or Program Partner Airlines (“Partner Airlines”), or by acquiring products and/or services from partner companies (“Partners”). Miles may be redeemed by the Smiles Participant in exchange for several awards, on the virtual platform available at www.smiles.com.br (“Smiles Awards).
 

2. REGISTERING IN THE PROGRAM 

2.1. Participants – Any individual duly registered and approved by Smiles may be a Participant in the Smiles Program. Those interested in participating in the Smiles Program must agree to the Program’s Terms and Conditions and express their acceptance of such Terms and Conditions upon registering on the website www.smiles.com.br. 

2.1.2. Relationship and commercial incentive programs from Smiles Partners – The Participant who wishes to benefit from the relationship and/or commercial incentive programs offered by Smiles Partners must accept the terms and conditions set forth by the Partner programs, whenever applicable. 

2.2. Registration – Those interested in participating in the Smiles Program, including minors, must have all required documentation to complete their registration correctly on the www.smiles.com.br website or other channels that may be made available by Smiles.  It is the sole responsibility of the Smiles Participant to complete said registration form and keep it up-to-date, under penalty of not being able to fully use the account and associated benefits. 

 

2.3. Statement – Upon acceptance of these Terms and Conditions, the Smiles Participant expressly declares that the information he provides is true to the best of his knowledge, under penalty of  administrative or legal action as pursuant to article 299 of the Brazilian Penal Code [1] for errors, consequences or any other damages resulting from the imprecision or falsity of said information.
 

3. SMILES ACCOUNT 

3.1. Smiles Account – Smiles will assess and may approve or reject the interested party’s application to participate in the Program, which, once approved, will become a “Smiles Account,” in which Smiles Participant’s miles and registration information will be stored.

3.1.1.
The Participant may only have one active Smiles Account. If Smiles identifies more than one Smiles Account per Participant, Smiles will keep open the account with the largest balance and cancel all other accounts. 

3.1.2.  Smiles Accounts with zero balance with no activity for a period of over 12 (twelve) months may be cancelled by Smiles.

3.2. 
Smiles Access Information – The Participant will receive an email at the address registered containing the Program identification number (“Smiles Number”) and must register a password (“Password”) for his Smiles Account; together these constitute the “Access Information.” The Access Information is used to access and transact in the “Smiles Account.” The Smiles Access Information is personal and non-transferable, whereby the Smiles Participant is responsible for its security, strict secrecy and confidentiality and must not disclose the information to anyone.   

3.2.1. Smiles is not responsible for misuse, negligence or loss of Access Information by Smiles Participants, nor will it be liable for negligent access to the Smiles Account using non-secure computers and/or digital environments that are suspect or shared or any other  electronic means that may put the transaction at risk or facilitate the incidence of fraud.

3.3. All Smiles Participants who have their applications approved will have a virtual identification card (“Smiles Card”) available for printing via their Smiles Account, on the www.smiles.com.br website.
 

 

4. SMILES MILES 

4.1. The currency used for the purposes of accrual will be the Smiles Mile. Smiles Participants will be able to accrue miles upon completion and approval of their Smiles Program application. Participants must present their Smiles Card or Smiles Number when acquiring products and services or airline tickets or at check-in in order to accrue miles in their name. 

4.2. Miles Generating Activities – The miles generating activities, (“Miles Generating Activity”) are: 1)  acquisition upon full payment of eligible Partner products or services, as determined by the partner; and 2) use of eligible airline (VRG/GOL) services and/or partner airline services in segments effectively flown and fully paid for by the Participant, according to the rules established by Partner Airlines. The Miles Generating Activities confer Participants the right to obtain miles upon being duly registered and approved by the Smiles Program. Occasionally, in the event of promotions, the Generating Activity occurring up to one month prior to the registration and approval of the Participant in the Program may confer the right to accrue miles.

4.3. Miles arising from Generating Activities are credited only and exclusively to the acquiring Participant’s Smiles Account, in a single instance of the Miles Generating Activity that was effectively completed and fully paid.
 

5. SMILES MILES EXPIRATION

5.1. Miles expiration – The standard Smiles mile will be valid for 36 (thirty six) months from the day and time the mile is credited to the Smiles Account and will be debited from the most recent to the latest expiration. The Smiles Participants should monitor the expiration of miles according to the information provided in their Smiles Account. 

5.1.2 The miles may expire before 36 (thirty six) months in specific cases, such as: promotions, differentiated partner products or bonuses, always defined according to the Partner and product or service norms, duly publicized on the www.smiles.com.br website and/or by email or other forms of publicity.

5.2. Transactions involving miles – Any transactions or transfers involving miles between Accounts, Participants or programs are expressly prohibited due to the personal and untransferable nature of the mile, except in the case of products or programs developed by the Partner along with Smiles, with specific rules pertaining to such product or promotion. Under no circumstances can miles be converted into money, in whole or in part. 

5.2.1 Miles cannot be sold, donated, granted or in any way transferred or liened, nor can they be passed down as an inheritance, except in cases of products or services developed by the Partner along with Smiles and regulated by the specifications pertaining to such product or service. In case of Participant death, their Smiles Number will be ended and the miles canceled.  The undue use of miles belonging to deceased Smiles Participants will subject the violator to legal measures, as well as the cancellation of the Smiles Account due to the violation as proven by Smiles.

5.3. Commercial Partners will determine the number of Smiles miles attributed to each product or service according to their own rules, which shall be observed at the time of purchase of said products and/or services.

5.4. Credit Statute of Limitations – Each Miles Generating Activity has a specific timeframe in which the miles must be credited to the Participant’s Account. Smiles has up to 60 (sixty) days from notification by the Partner to credit the miles to the Smiles Account. The Participant must have documented proof of the Miles Generating Activity to demonstrate his right to that credit. 

5.4.1. Smiles Participants must monitor the timeframe for miles to be credited to their Smiles Account according to the regulations of each Partner, whether or not the partner is an airline. Occasionally, such credit can only take place at the time of the Miles Generating Activity and otherwise the right to the miles is rendered null. 

5.5. Mileage Refund – Smiles may revert miles credited to a Participant’s Smiles Account if: (a) payment of the award was not made in full, upon request by the Partner, whether or not an airline Partner; (b) the miles are found to have been acquired illicitly or irregularly; or (c) it is found that the Smiles award was obtained illicitly or irregularly. In this last case the Smiles awards (“Awards”) may be cancelled: airline tickets will be cancelled and/or other Awards may have delivery suspended, be returned entirely or refunded by the Participant. 

5. Miles Returns – Smiles may exceptionally return miles to the Participant when it finds irregularities or when requested by the Partner, for reasons such as human or system error, depending on the analysis and findings by Smiles in each specific case.
 

6. CARD CATEGORIES

6.1. Accrued Smiles miles may be used to redeem awards and to reach special Smiles Card categories that provide Smiles Participants with exclusive benefits that may be extended to companions in the event of previously publicized promotions. Information about the current special categories, the terms and conditions for achieving and maintaining them, as well as promotions and benefits, can be found at www.smiles.com.br.  
 

7. REDEEMING SMILES MILES 

7.1. Accrued Smiles miles may be exchanged for the following Smiles Awards: airline tickets (“Award Airline Tickets”) and/or smiles shopping products (“Smiles Shopping Awards”) according to these Terms and Conditions and other stipulations provided in the www.smiles.com.br website. 

7.1.1. Award Airline Tickets: are GOL, VRG and other Partner Airline tickets available for issuance using Smiles miles. 

7.1.2. Smiles Shopping Award: products and services provided by non-airline Partners through Smiles Shopping for acquisition with Smiles miles. 

7.1.2.1. Smiles Shopping” is a network of Smiles partners formed to encourage commercial loyalty by its consumers, through which the Smiles miles can be redeemed for products.  Participants can learn about Smiles Shopping partners and rules in full detail at www.smiles.com.br. 

7.2 Any information, complaints and/or questions pertaining to the Smiles Shopping Awards such as delivery, quality, defect or exchange shall be addressed to the respective partner, whether or not an airline. Smiles offers support and guidance to Smiles Participants, at any time, through the several customer service channels available on www.smiles.com.br.

7.3. Fare Rules and Charges – Charges may incur when miles are redeemed or transferred, tickets are issued or awards are received, among other occasions, as specified by Smiles or its Partners, or other charges may apply, always upon previous notice by Smiles and by Partners, whether or not airlines. It is the Smiles Participants’ responsibility to read the fare rules and the air transportation contract presented to them when the airline ticket is issued or made available to them on the website of the issuing airline.

8. GENERAL CONDITIONS 

8.1. Irregularities – Smiles Access Information, the accrued Smiles miles and Smiles Awards are the property of the Smiles Program. Should any irregularity be found regarding the miles or these Terms and Conditions, Smiles may suspend or cancel the Smiles Account and exclude the offending Participant from the Smiles Program, temporarily or permanently, as well the cancelling the offending Participant’s miles and/or Smiles Awards or suspending his Access Information temporarily or indefinitely.   

8.2.  Program Changes and Management – Smiles may alter these Terms and Conditions at any time, through prior notice to the Participant and publication of the revised Terms and Conditions on the www.smiles.com.br website. Smiles Participants may, at any time, cancel their participation in the Smiles Program through an express request to Smiles. The Smiles Program is managed independently and at Smiles’ exclusive criteria. The Program may - at any time and at Smiles’ sole criteria - be suspended, extinguished or modified, save the miles liabilities thereto existing, and the program’s management may be changed upon prior notice to Participants and to Partners, whether or not airlines. 

8.3. Partner Awards – The products and/or services provided by Smiles Partners are their exclusive responsibility.  The Smiles Participant should be aware of the terms and conditions as provided by each Smiles Partner, upon redeeming Smiles Awards. Smiles may, without consent, include, exclude or change Smiles Partners participating in the Smiles Program. 

8.4. Omissions and Novation – Cases not covered by these Terms and Conditions shall be dealt with directly by the Smiles Participant and the Smiles Program administration. Any tolerance as to breach or omission in the performance of the Participants’ duties by Smiles does not constitute waiver, inefficacy or novation to rights and duties, nor will it prevent Smiles, albeit belatedly, from requiring said fulfillment. Any exceptions must be provided in writing and signed by the Smiles legal representatives. 

8.5. Chance Events or Force Majeure – Smiles shall not be deemed in default or in breach of any of its obligations under these Terms and Conditions if the reason for non-compliance stems from a case of unforeseeable circumstances or force majeure as established in the Brazilian Civil Code (Law # 10,406/2002). 

8.6. Provision Independence – All of the terms, conditions and provisions set forth herein are independent, given that, in the event of any of its terms, conditions or provisions are deemed by competent court or arbitrator, unenforceable or illegal, in whole or in part, for any reason, the validity and enforceability of the remaining terms, conditions and provisions or parts thereof shall not be affected. 

8.7. Governing Law – These Terms and Conditions are regulated and interpreted under the laws of the Brazilian Federal Republic.



RULES FOR AWARD AIRLINE TICKETS

The rules hereinafter apply to Award Airline Tickets for use on GOL and Partner Airline flights:

1. Award Airline Tickets are offered as follows:


1.1. 
Smiles Any Day: Airline ticket issued with miles for GOL flights, without seat restrictions so long as there is availability on board; may be used for a single segment or round trip, not considering stopovers or connections;

1.2.
Reduced Miles: Airline tickets issued with fewer miles for GOL flights; may be used for either one way or round trip segments, not considering stopovers or connections;

1.3. Smiles & Money: 
 Airline tickets issued with miles and money for GOL flights; may be used for one way or round trip segments, not considering stopovers or connections;

1.4.
Smiles Ticket: Airline Ticket issued with miles for GOL flights; may be used for one way or round trip segments, not considering stopovers or connections; and for Partner Airlines, on one way segments only, not considering stopovers or connections.

1.5. Participants are responsible for acquiring additional segments in the event of a mandatory round trip purchase in which they can only acquire one of the segments with miles. At the time of the reservation, Participants must check for mandatory round trip purchase. Participants are responsible for all airport and government fees specific to each country on their Award Ticket itinerary.

2. The Award Airline Ticket issued shall remain valid to the exact date and time of boarding. Dates, times and/or itineraries cannot be altered.

3. Award Amount

3.1. The award amount, corresponding to each type of Award Airline Ticket issued on GOL flights, will be available at the time of ticket purchase or can be seen on the
www.smiles.com.br website.

3.2. The award amount, corresponding to the type of Award Airline Ticket on Partner Airlines will be calculated as follows:


 

 

Zone Destinations Offered (Countries)
Africa South Africa, Angola, Algeria, Benin, Burkina Faso, Burundi, Cameroon, Chad, Congo, Ivory Coast, Djibouti, Egypt, Ethiopia, Gabon, Ghana, Guinea, Equatorial Guinea, Reunion Island, Canary Islands, Seychelles, Libya , Madagascar, Malawi, Mali, Morocco, Mauritius, Mauritania, Niger, Nigeria, Kenya, Central African Republic, Rwanda, Senegal, Sudan, Tanzania, Togo, Tunisia, Uganda and Zambia.
Central America ​​Antigua and Barbuda, Barbados, Belize, Costa Rica, Guatemala, Honduras, Martinique, Nicaragua and Panama.
North America ​Canada, USA and Mexico.
South America ​​Argentina, Brazil, Chile, Colombia, El Salvador, Ecuador, French Guiana, Peru, Suriname, Uruguay and Venezuela.
Asia ​Kazakhstan, China, Singapore, Philippines, India, Indonesia, Japan, Malaysia, Republic of Korea, Thailand, Taiwan and Vietnam.
Caribbean ​​Dutch Antilles, Aruba, Bahamas, Bermuda, Cuba, Dominican Republic, Grenada, Guadeloupe, Haiti, St. Lucia Islands, Cayman Islands, Turks and Caicos, U.S. Virgin Islands, British Virgin Islands, Jamaica, Puerto Rico, Dominican Republic, Saint Kitts and Nevis and Trinidad and Tobago.
Europe ​Albania, Germany, Armenia, Austria, Belgium, Bulgaria, Croatia, Denmark, Scotland, Slovakia, Slovenia, Spain, Estonia, Finland, France, Great Britain, Greece, Holland, Hungary, England, Ireland, Italy, Latvia, Lithuania, Luxembourg , Macedonia, Malta, Norway, Poland, Portugal, Czech Republic, Romania, Russia, Serbia, Sweden, Switzerland and Ukraine.
Hawaii Hawaii
Oceania ​Australia, Pacific Islands, New Caledonia and French Polynesia.
Middle East Saudi Arabia, Bahrain, Cyprus, UAE, Iran, Israel, Jordan, Kuwait, Lebanon, Oman, Qatar, Syria and Turkey.

3.2.1. The table above refers to the miles necessary for issuing an Award Airline Ticket on a Smiles Program Partner Airline Flight. Partner Airline flights can be combined into a single ticket with GOL flights only. Should combining more than one Partner Airline be necessary to complete the trip, tickets must be issued separately, respecting the issuing rules specified in these Terms and Conditions.

3.2.2. The number of miles indicated in the table above refer to awards of only one segment (one outbound or return ticket). Should the trip involve 2 (two) segments, the number of miles required to issue the ticket will be twice that shown in the table above.

3.2.3. The destinations table above includes countries that are considered to be in the award zones defined by the Smiles Program; however, there are no guarantees that flights are available to any of these countries or that such flights will be available in the future. However, the possibility of issuing a Smiles Ticket for a Partner Airline flight to a given country in the desired period must be checked at
www.smiles.com.br.

3.2.4 The issuing of Smiles Tickets on Partner Airlines involving different class parameters (economy, business, first) will be allowed, and in this situation the value charged in miles will be based on the most expensive class. When the segment involves a connection in a zone that requires a greater number of miles than the destination, the tickets must be issued separately for each segment.

3.2.5. Only 1 (one) intermediate stop between the origin and destination will be allowed, that stop being within the destination zone. The trip must be continued from the same city of the stop. Intermediate stops will not be permitted in flights that are purely domestic (regardless of country) or when the trip involves only European countries.

3.2.6. Smiles Tickets for trips that require connections can only be issued when the connection points lie in the direct routes. Connections in the same city are not allowed, even if through different airports, nor are reverse itinerary connections. Separate airline tickets must be issued in these cases.

4. Airline Tickets can only be issued at the time they are requested, provided there are seats available.

5. Embargo periods are temporary restrictions on the use of Award Airline Tickets. Such periods may be specified, changed or suspended at GOL’s exclusive criteria and/or that of Partner Airlines without previous notice.

6. Award Airline Tickets, when valid and not used, can be cancelled with restitution of the valid Smiles Miles to the Participant’s account upon payment of a fee. The refunded miles will return to the Account with their original expiration date. Should a new Award Airline Ticket be requested by the Participant, said ticket will be subject to the applicable fees at that time. Information on fees and payment methods can be found on www.smiles.com.br.

7. When the trip has a connection or layover and for some voluntary reason the Smiles Ticket is not used in full, no changes or refund requests of any kind will be permitted.


AWARDS AND BENEFITS

Smiles Shopping 

Smiles Shopping is the platform for redeeming Smiles products and services and is accessible through www.smiles.com.br. The Smiles Shopping platform allows Participants to choose to redeem their miles for products and/or services such as electronic devices, books, gift cards, toys, appliances and much more, from various partners.

In order to redeem miles, Participants must log into the Smiles Portal using their Access Information. Participants may choose the products and/or services they want to acquire with their miles, provided they have enough miles.

Products will be delivered to the address registered in the Participant’s Smiles Account in the time specified at the end of the purchase process. In case of delay, damage, defect or any other issue with the product received, the Participant must contact the supplying Partner.

Conditions for redeeming miles may vary according to the Participant’s category and any applicable promotions, which will be dully communicated to the benefiting Participant.

VIP Lounge

The VIP Lounge is an exclusive space designed to offer Participants a relaxing environment while they wait for their flight.

Access to the VIP Lounge is only available to Participants in the Gold and Diamond Categories. Smiles and Silver category Participants may purchase access to the VIP Lounge in the Guarulhos and Galeão airports or at any airport where this benefit is offered.

Access to the VIP Lounge may only be purchased directly at the VIP Lounge reception desk with a credit card issued in Brazil and upon presenting a valid boarding pass.

Purchasing Miles

Smiles
offers Participants the opportunity to purchase a number of miles previously specified by Smiles in order to complete the balance needed for issuing an Award Airline Ticket or redeeming Smiles Shopping Awards.

The
Sale of Miles product will only be available on the Smiles website, in the Participants logged-in section, which can be accessed with the Participants’ Access Information. The miles acquired through Sale of Miles will have different expiration dates, according to the applicable promotion.

Cancelations and refunds are not allowed for purchased miles.

Purchased miles will be credited to the Participant’s account upon payment.

Smiles Card Categories

The Smiles Program has four categories:
Smiles, Silver, Gold and Diamond.

The
Smiles category is the entry category for the Program. As the Participant accrues Club miles (miles eligible for category upgrades) obtained by flying on GOL/Varig or Partner Airlines, and by purchasing products or services from non-airline Smiles Program Partners, he may move up a category.

1 (one) Club mile = 15 (fifteen) standard miles from non-airline Partners; and
1 (one) Club mile = 1 (one) standard mile from Partner Airlines.

Starting January 1, 2013, the
Smiles and Silver category miles will be valid for 3 (three) years; the Gold category miles will be valid for 4 (four) years; and the Diamond category miles will be valid for 5 (five) years. Miles’ expiration is counted from the date when they are credited in the Participant’s Smiles Account.

Starting January 1, 2012 the
Smiles category includes Participants who accrue up to 9,999 (nine thousand, nine hundred and ninety-nine) Club miles in a period of 12 consecutive months; the Silver category includes Participants who accrue between 10,000 (ten thousand) and 19,999 (nineteen thousand, nine hundred and ninety nine) miles in a period of 12 consecutive months; the Gold category includes Participants who accrue between 20,000 (twenty thousand) and 34,999 (thirty four thousand, nine hundred and ninety nine) miles in a period of 12 consecutive months; and the Diamond category includes Participants who accrue 35,000 (thirty five thousand) or more miles in a period of 12 consecutive months.

The Smiles cards for the
Silver, Gold and Diamond categories are valid for the calendar year in which they are acquired and for an additional period of 15 (fifteen) months.

Participants who do not accrue the necessary number of Club miles to remain in their category, in the 12 (twelve) months prior to their special card expiring, will be reclassified in the immediately lower category for another year; this rule does not apply to the Smiles category, which is valid indefinitely. Participants who earn enough Club Miles in the period mentioned to remain in their current category will have their card renewed for 1 (one) additional year.

On Varig flights,
Silver Card holders will have a 25% (twenty five percent) bonus to the miles credited to their accounts; Gold Card holders will have a 50% (fifty percent) mile bonus and Diamond Card holders will have a 100% (one hundred percent) mile bonus.

Participants will receive a 5,000 (five thousand) mile bonus upon reaching the
Silver category, a 7,500 (seven thousand five hundred) mile bonus reaching the Gold category and a 10,000 (ten thousand) mile bonus upon reaching the Diamond category.