The Smiles program, which is run by Smiles S.A, is a coalition loyalty program for clients, built on a mileage accrual and redemption platform, implemented through a wide partnership network of airlines, businesses and financial institutions, all according to the terms and conditions established herein.
DEFINITIONS AND CONCEPTS
1.1. When used in the present document, the following words and expressions, when capitalized, will have the following meanings:
"Miles Generating Activity": an action that allows for the accrual of Smiles Miles by a member of the Smiles Program; "Airline Ticket": an award airline ticket that can be issued using Smiles Miles;
"Smiles Card": the virtual identification card issued to all Smiles Members, available to print at www.smiles.com.br, when the user is logged in and provides his or her Smiles Access Information;
"Smiles Category": the existing Smiles Card categories in the Smiles Program, which include Smiles, Silver, Gold and Diamond, or other categories that may be created;
"Smiles Account": the unique account of a Smiles Program Member, in which the accrual and redemption of Smiles Miles are recorded. The Smiles Account also contains the expiration dates of the Smiles Miles, the Member's registration information and other information;
"Smiles Access Information": the array of information comprised of the Smiles Number and Smiles Password, which identifies the Member and allows him or her to access and carry out transactions with his or her Smiles Account;
"Virtual Store": website belonging to Smiles where Smiles Miles can be redeemed for products and/or services offered by Partner Airlines, Businesses and Financial Institutions and which may be accessed at www.smiles.com.br;
"Club Mile": a unit of the Smiles Program that gives a Smiles Member the right to upgrade to another Smiles Category in the Smiles Program and will be in effect December 31, 2016;
"Qualifying Mile": a unit of the Smiles Program that gives a Smiles Member the right to upgrade to another Smiles Category in the Smiles Program and will be in effect as of January 1, 2017;
"Smiles Mile": a unit of the Smiles Program that can be redeemed for Smiles Awards;
"Smiles Number": the identification number for Smiles Program Members;
"Partner Airlines": air transportation companies that offer air transportation products or services in the Smiles Program and are solely responsible before the Smiles Program and its Members for the products and services redeemed on the Smiles website;
"Business Partners": partner companies of the Smiles Program that offer products and services at the Virtual Store and grant Smiles Miles to Members and/or provide products and services in loco, being solely responsible before the Smiles Program and its Members for the products and services redeemed;
"Financial Partners": financial institutions that grant Smiles Miles to users of their credit cards and other financial products, according to the specific rules they set forth;
"Partners": jointly refers to Airline, Business and Financial Institutions;
"Member": a private individual registered in the Smiles Program;
"Smiles Award": any product, service, advantage and/or benefit redeemed by a Member from a Smiles Partner using Smiles Miles;
"Accrual Processing": the effective accrual of Miles to the Member's Smiles Account;
"Smiles Program": the coalition program managed by Smiles, constituted by a virtual platform that manages the accrual and redemption of Smiles Miles that can be redeemed for prizes, advantages and/or benefits by Members from Smiles Partners;
“"Partner Program": is the relationship program or business incentive managed by the Partner Airline, Business and/or Financial Institutions;
"Regulations": is the present document, which sets forth the rules, terms and conditions for the operation of the Smiles Program;
"Requalification": is the action carried out on the 31st of March of every calendar year that verifies if Members have accrued sufficient Qualifying Miles or segments to remain in their current Smiles Category or if they should be downgraded to the next lower Smiles Category.
"Smiles Password": is the personal and nontransferable password for accessing one's Smiles account;
and "Smiles": is Smiles S.A., manager of the Smiles Program, registered under CNPJ/MF No. 15.912.764/0001-20, headquartered at Alameda Rio Negro 585, Bloco B, 2º andar, Barueri, SP, CEP 06454-000;
"Flight Segment": Connections and/or stopovers between the city of origin and the city of destination shall be considered the end of 1 (one) Flight Segment. In other words, each stop on the way to the final destination shall be considered the end of a Flight Segment. For example, when trip from airport A to airport C has a connection at airport B, 2 (two) Flight Segments will be counted (from "A" to "B" and from "B" to "C"). In order for Flight Segments to be counted, they must be derived from fares that allow for the accrual of Miles.
"Segment": Flights with partner airlines from the city of origin listed on the ticket to the city of destination on the same ticket shall be considered 1 (one) segment, regardless of how many connections and/or stopovers there are between the city of origin and the city of destination. Should a passenger have to check in again at a different airport during the trip, this airport shall be considered the beginning of a new Segment.
JOINING THE SMILES PROGRAM
2.1. Only individuals 18 years and older or minors assisted by their respective parents/guardians and who have been authorized by Smiles may register for the Smiles Program. Additionally these individuals must have a CPF number registered at Brazil's Department of Finance or a valid identification document from their country of origin.
2.1.1. Should the Member be partially or completely incapacitated according to the terms of Brazilian civil law, it is hereby determined that his or her registration in the Smiles Program and acceptance of the terms and conditions of the Regulations was supervised by his or her legal representative, whether as an assistant or representative, who shall be responsible for the Member's activities with regard to the Smiles Program in the case of any conduct considered illegal under the terms of the local civil legislation.
2.2. Before registering for the Smiles Program, the interested party must read the Regulations and any Addendums in their entirety, including any possible changes. By requesting to be registered for the Smiles Program, the interested party confirms that he or she consents to joining the Program and expresses his or her agreement to all the rules, terms and conditions set forth herein. Should the interested party disagree with anything in the Regulations, he or she shall not be able to register for the Smiles Program.
2.3. The interested party must register for the Smiles Program at www.smiles.com.br or at other customer service channels that Smiles provides or may provide. The registration process will require the interested party to enter his or her personal information, including, but not limited to the his or her full name, nationality, gender, date of birth, identity document number, CPF number, valid and acceptable ID document for foreign residents or those living outside the country, home address, home phone number, cell phone number and email address, whereby an email address may be registered for no more than one Smiles Account.
2.3.1. The Member shall be responsible for keeping his or her information complete and up to date, under penalty of being ineligible for all the prizes, advantages and benefits provided by the Partners via the Smiles Program. Smiles shall under no circumstances be liable for any damages or losses arising from the Member providing inaccurate information.
2.4. By requesting to be registered for the Smiles Program, the interested party declares that the information provided is true and correct for all legal intents and purposes and may face penalties for any falsehood, especially those set forth in Federal Law No. 7.115, dated August 29, 1983, and article 299 of the Brazilian Penal Code (Fraud).
2.4.1. Should information provided to the Smiles Program be provably false, the interested party shall be subject to the civil, administrative and criminal sanctions set forth in the applicable legislation and the Participant may be excluded from the Smiles Program.
ASSESSMENT OF THE APPLICATION FOR THE SMILES PROGRAM
3.1. Smiles shall carry out the assessment of the application for the Smiles Program using its own assessment criteria to determine whether or not the application shall be accepted.
3.2. Applications to the Smiles Program may be rejected for the following reasons, among others:
a) the interested party provides false, inaccurate or incomplete information;
b) evidence of fraud, misrepresentation or irregularity in the application form is discovered; and
c) the application is submitted by a Member who has been previously expelled from the Smiles Program for a reason provided for herein.
3.3. In order to evaluate the application, Smiles may request the interested party submit documents that prove his or her identity and support the information provided.
4.1. Once the application has been approved, Smiles shall create a Smiles Account for the Member, in which his or her Smiles Miles, accruals, redemptions, registration information, the expiration date of his or her Miles and other information shall be registered.
4.1.1. Smiles shall provide all Members with a virtual identification card, called a Smiles Card, which shall be available to print at www.smiles.com.br, in the Member's exclusive area.
4.1.2. Once the Member's application to the Smiles Program has been approved, the Member shall receive his or her Smiles Number via the registered email address.
4.2. Each Member may only have one active Smiles Account. If it is found that a Member has more than one Smiles Account, Smiles reserves the right to cancel and delete the duplicate account, maintaining only the Smiles Account with the most Smiles Miles. The Smiles Miles registered to the canceled account shall be analyzed by Smiles and, should the account not have been canceled due to attempted fraud or the provision of false or misleading information, the Smiles Miles of that account shall be transferred to the Member's active Smiles Account.
SMILES PROGRAM CANCELATION, SUSPENSION AND TERMINATION
5.1 THIS CONTRACT MAY BE TERMINATED BY EITHER PARTY, AT ANY TIME, UPON WRITTEN NOTICE TO THE OTHER PARTY.
5.2. Members have the right to, at any time and without previous justification, request the cancelation of their participation in the Smiles Program via the Smiles website or by notifying the Smiles Customer Service Center.
5.2.1. Cancelation requests may only be submitted by Members themselves or their legal representatives when applicable, as per item 2.1., whereby Smiles retains the option to request the submission of documents proving the identity of the applicant.
5.2.2. THE CANCELATION REQUEST SHALL RESULT IN THE CANCELATION OF THE SMILES ACCOUNT AND THE SMILES MILES REGISTERED TO THE ACCOUNT. TICKETS THAT HAVE BEEN ISSUED BUT HAVE NOT YET BEEN USED SHALL REMAIN VALID AND THE MEMBER MAY REQUEST FLIGHT INFORMATION AND OTHER INFORMATION DIRECTLY FROM THE PARTNER AIRLINE RESPONSIBLE FOR THE FLIGHT OR FROM THE SMILES CUSTOMER SERVICE CENTER./p>
5.2.3. MEMBERS THAT REQUEST THE CANCELATION OF THEIR PARTICIPATION IN THE SMILES PROGRAM SHALL NOT BE ENTITLED TO ANY INDEMNIFICATION OR COMPENSATION FOR THE CANCELATION OF THEIR SMILES MILES.
5.2.4. Should the Member request the cancelation of his account in the Smiles Program, Smiles shall proceed in an efficient and cordial manner, without prejudice to the collection of any existing dues. Smiles shall cancel the contract with immediate effect, without creating any hindrance or obstacle.
5.3. WITHOUT PREJUDICE TO CIVIL, ADMINISTRATIVE AND CRIMINAL SANCTIONS, SMILES MAY EXCLUDE OR SUSPEND MEMBERS FROM THE SMILES PROGRAM WHO:
under any circumstances, use their SMILES MILES to bargain with third parties outside the terms set forth herein, for any reason, including, but not limited to, unlawfully purchasing and/or selling Tickets and/or products and services available at the Virtual Store;
b) engage in any form of fraud, artifice or deceit to use, accrue and/or redeem Miles or Smiles Awards;
c) engage in any conduct that is illegal, unlawful or contrary to the provisions set forth herein or to the regulations of Partner Programs, as well as engage in any conduct contrary to morals and good customs;
d) unlawfully, inadequately or suspiciously use their Smiles account or, in any way, contribute to the unlawful use of the Program or cause damage to Smiles or its Partner Airlines, Businesses or Financial Institutions;
e) in any way, contribute to fraud being committed against the Smiles Program, including, but not limited to, providing false or inaccurate information when registering for the Program, providing false or inaccurate information when carrying out transactions using Smiles Miles, or fraudulently or dishonestly communicating the loss or theft of a Smiles Card or system access password;
f) fail to immediately inform Smiles of the suspicion that he or she lost or had his or her password stolen or compromised, including failing to request that his or her account be blocked or the password be reset;
g) provide their Smiles Number and/or Smiles Account password to third parties.
5.3.1. SHOULD IT BE SUSPECTED, REPORTED OR KNOWN THAT A SMILES ACCOUNT, THE SMILES PROGRAM OR A SMILES ACCOUNT PASSWORD HAS BEEN USED FRAUDULENTLY OR UNLAWFULLY, SMILES MAY TEMPORARILY DEACTIVATE A MEMBER'S SMILES ACCOUNT, AS WELL AS REQUEST THE MEMBER TO PROVIDE INFORMATION AND EXPLANATIONS REQUIRED TO ELUCIDATE THE FACTS.
5.3.2. The rules set forth in items 5.2.2 and 5.2.3 shall apply to Members who are suspended or banned from the Smiles Program for engaging in conduct described in item 5.3.
5.4. The engagement in conduct described in item 5.3 may, at Smiles' sole discretion, result in:
A) THE ANNULMENT OF SMILES MILES ACCRUED UNLAWFULLY OR THROUGH FRAUD, ARTIFICE OR DECEIT;
B) THE CANCELATION OF SMILES AWARDS BELONGING TO MEMBERS WHO COMMITTED OR PARTICIPATED IN FRAUD, MISCONDUCT OR DECEIT; AND
C) THE INDEFINITE SUSPENSION OF THE ACCESS TO THE SMILES PROGRAM.
5.5. SMILES MAY CANCEL A SMILES ACCOUNT WHOSE BALANCE IS EQUAL TO ZERO AND WHICH HAS BEEN INACTIVE FOR OVER 12 (TWELVE) MONTHS. SMILES SHALL NOTIFY THE MEMBER ABOUT THE CANCELATION PRIMARILY VIA EMAIL, AT LEAST 30 (THIRTY) DAYS IN ADVANCE.
5.6. SHOULD A SMILES PROGRAM MEMBER DIE, HIS OR HER SMILES ACCOUNT, IN ADDITION TO THE SMILES MILES IN THAT ACCOUNT, SHALL BE CANCELED IMMEDIATELY. PRODUCTS AND/OR SERVICES THAT WERE REDEEMED FROM THE SMILES ACCOUNT OF THE DECEASED MEMBER SHALL REMAIN VALID. THE UNLAWFUL USE OF SMILES MILES BELONGING TO A DECEASED MEMBER SHALL RESULT IN THE OFFENDER BEING BANNED FROM THE SMILES PROGRAM, SHOULD HE OR SHE BE REGISTERED IN THE PROGRAM, AND BEING SUBJECT TO CIVIL, ADMINISTRATIVE AND CRIMINAL PENALTIES AS PER THE RELATIVE LEGISLATION IN EFFECT.FALECIDO SUJEITARÁ O INFRATOR À EXCLUSÃO DO PROGRAMA SMILES, CASO CADASTRADO, ALÉM DAS SANÇÕES CIVIS, ADMINISTRATIVAS E CRIMINAIS PREVISTAS NA LEGISLAÇÃO VIGENTE.
POLÍTICA DE USO E PRIVACIDADE
6.1. Smiles is committed to respecting the privacy and confidentiality of personal, registration and financial information, as well as any other information accessed or shared by Smiles Program Members, including information shared via the www.smiles.com.br website or the Virtual Store, as per the terms set forth herein.
6.1.1. By registering for the Smiles Program, the Member expressly agrees that the information referred to in item 6.1 may be stored and used by Smiles and its Partner Airlines, Businesses and Financial Institutions to provide products or services, develop advertising campaigns, analyze and process data and statistics, detect and handle fraud and/or other illegal activities, and carry out investigations.
6.1.2. The authorization set forth in item 6.1.1 pertains to subsidiaries, affiliated companies, representative offices and third parties selected by Smiles and its Partner Airlines, Businesses and Financial Institutions in Brazil and/or abroad.
6.1.3. The information referred to in item 6.1 may be accessed, retrieved and/or shared in response to a request from a judicial, administrative or regulatory body, or for legal or administrative proceedings in Brazil and/or abroad.
6.2. Smiles Numbers and Smiles Passwords are personal and non-transferable, therefore Members must maintain the confidentiality of their password, not revealing or providing it to third parties.
6.3. Smiles strongly recommends Members not access their Smiles Account using computers, cell phones, tablets and other devices in non-secure, risky, open, public or shared digital environments or in digital environments that may pose a risk to transactions or facilitate the possibility of fraud.
6.3.1. Smiles also strongly recommends Members install security tools on the computers, cell phones, tablets and other electronic equipment used to access the Smiles Program, such as, but not limited to, antivirus, anti-spyware and anti-adware software.
6.4. Smiles also strongly recommends Members install security tools on the computers, cell phones, tablets and other electronic equipment used to access the Smiles Program, such as, but not limited to, antivirus, anti-spyware and anti-adware software.
6.5. SMILES PROGRAM MEMBERS ALSO COMMIT TO:
A) NOT REQUESTING A SMILES NUMBER AND/OR SMILES PASSWORD FROM ANOTHER SMILES PROGRAM MEMBER, AS WELL AS NOT ACCESSING A SMILES ACCOUNT THAT BELONGS TO ANOTHER MEMBER.
B) NOT USING THE SMILES PROGRAM TO ENGAGE IN ILLEGAL, UNLAWFUL OR FRAUDULENT ACTIVITY;
C) NOT SHARING THEIR ACCESS INFORMATION, INCLUDING THEIR SMILES NUMBER AND/OR SMILES PASSWORD, WITH ANY OTHER PERSON, EVEN IF THE PERSON IS A SMILES PROGRAM MEMBER, AS WELL AS NOT ALLOWING ANY OTHER PERSON TO ACCESS THEIR SMILES ACCOUNT.
D) NOT CREATING A SMILES ACCOUNT FOR ANY OTHER PERSON, EXCEPT WHEN EXPRESSLY AUTHORIZED BY SMILES;
E) NOT CREATING MORE THAN ONE SMILES ACCOUNT FOR THEMSELVES;
F) IN THE CASE THEY ARE SUSPENDED OR BANNED FROM THE SMILES PROGRAM, NOT ATTEMPTING TO REGISTER FOR THE PROGRAM WITHOUT THE EXPRESS CONSENT OF SMILES;
G) NOT ENGAGING IN ANY ACT THAT MAY COMPROMISE THE SAFETY OF THEIR SMILES ACCOUNT;
H) NOT ALLOWING A THIRD PARTY TO MANAGE THEIR SMILES ACCOUNTS; AND
I) BEING AWARE OF THE FEES AND TAXES CHARGED BY THEIR TELEPHONE COMPANY OR INTERNET PROVIDER WHEN ACCESSING THE SMILES PROGRAM FROM A CELL PHONE, TABLET OR SIMILAR ELECTRONIC DEVICE.
6.6. Smiles will send email messages to Members of the Smiles Program about transactions involving their Smiles Account. The messages, news and promotional communications from Smiles and its Airline, Business and Financial Partners will be sent to members and, should a Member no longer wish to receive them, he or she may request that Smiles stop sending such messages.
6.6.1. Smiles and its Airline, Business and Financial Partners will never send email messages to Smiles Program Members requesting their Smiles Access Information or any confidential or private information. Should Members have any doubt regarding the authenticity of any message received via email, they should contact the Smiles Customer Service Center immediately.
7.1. The Smiles Mile is the unit of measurement used by Smiles to keep track of the mileage accrual, award redemption, advantages and benefits granted by the Partners on the Smiles Program Platform.
7.2. SMILES MILES ARE FOR PERSONAL USE AND NON-TRANSFERABLE. ANY TRANSFER OF SMILES MILES TO THIRD PARTIES IS STRICTLY FORBIDDEN IN ANY SITUATION, INCLUDING BUT NOT LIMITED TO PURCHASES, DONATIONS, EXCHANGES, CESSION, SUCCESSION, INHERITANCE OR ANY OTHER FREE OR PAID METHOD OF TRANSFER. UNDER NO CIRCUMSTANCES CAN MILES BE CONVERTED INTO MONEY, IN WHOLE OR IN PART.
7.2.1. The restrictions described in item 7.2 of the present document may be subject to specific exceptions for products or services developed by Smiles and its Airline, Business and Financial Partners, in which case the specific rules of said products or services will apply.
7.3. Miles Generating Activities (accrual) are:
a) traveling on domestic or international flights operated by Partner Airlines, as long as such Partner Airline flights are eligible for the accrual of Smiles Miles and in accordance with the stipulations of item 7.8;
b) the purchase of Products or Services from Business Partners of the Smiles Program, as long as such Products or Services from Business Partners are eligible for the accrual of Smiles Miles; and
c) the transfer of points from Financial or Business Partners to be converted into Smiles Miles in the Smiles Program.
7.3.1. The rules for the accrual of Smiles Miles on flights operated by Partner Airlines are defined by each Partner Airline and are described on the www.smiles.com.br website.
7.3.2. Regarding the Miles Generating Activity described in item "b" of item 7.3:
a) Smiles Program Business Partners will previously determine the amount of Smiles Miles attributed to each product or service acquired by Members. It is the responsibility of Members to learn the rules before acquiring the product and service; and
b) the accrual of Smiles Miles will only take place when the transaction for the acquisition of the product or service is complete, properly paid and effective according to the Business or Financial Partner.
7.4. In order to accrue Smiles Miles, the Members must be properly registered in the Smiles Program and provide their Smiles Account or CPF numbers, as required, when performing any Miles Generating Activity with Smiles Partners.
7.5. 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, starting from the day the Airline, Business or Financial Partner files a request, to credit Smiles Miles to a Smiles Account. Members must have documented proof of a Miles Generating Activity to demonstrate their right to the accrual of Smiles Miles.
7.6. Members must be cognizant of the deadline to request the accrual of Smiles Miles to their Smiles Account, complying with the regulations stipulated by each Partner. It is possible that Members will be required to request the accrual of Smiles Miles at the time the Miles Generating Activity takes place or otherwise forfeit the right to the accrual.
7.7. Smiles Miles can only be credited once to the Smiles Account of the Member who participated in the Miles Generating Activity. In the event the Miles Generating Activity could generate the accrual of benefits to more than one loyalty program, the Member must choose which loyalty program will be credited, renouncing the option to credit any other account associated with another program. Miles that are credited in duplicate in different programs are subject to reversal by the Smiles Program and/or any other loyalty program.
7.7.1. The accrual of Smiles Miles from domestic or international flights on Partner Airlines will be credited to the Smiles Account of the passenger who actually travels on the flight, via his or her Smiles or CPF number, regardless of whether a third party purchased or paid for the airline ticket.
7.8. According to the policies established by Partner Airlines, the following, without the exclusion of other provisions that may be subsequently stipulated, are not considered Miles Generating Activities:
a) taking a charter flight to a domestic or international destination;
b) atraveling on a domestic or international flight using a complimentary airline ticket or a ticket that was won as an award or in drawings conducted by an Airline, Business or Financial Partner, including tickets redeemed with Smiles Miles;
c) traveling on a domestic or international flight using a promotional ticket that is subject to specific fare rules; and
d) traveling on a domestic or international flight using a ticket that is not subject to regular fare rules, such as tickets bought under negotiated group fares.
7.9. Smiles may reverse the Smiles Miles credited to the Member's Smiles Account, as well as cancel any of the Member's transactions in the event of:
a) the Miles Generating Activity not being properly completed, including for non-payment, if applicable;
b) it is determined that the Smiles Miles were acquired in an illegal, illegitimate or fraudulent manner; and
c) it is determined that the redemption of the Smiles Award was done in an illegal, illegitimate or fraudulent manner.
7.9.1. In the event of the situations described in item 7.9, the airline tickets may be canceled by the Partner Airlines and any Smiles Award may not be delivered to the Member. In the event that an award has already been delivered, the Member must return it in intact condition or refund the Business Partner.
SMILES MILES EXPIRATION
8.1. Accrued Smiles Miles will have different expiration dates, depending on the Smiles category of the Member, as follows:
a) 36 (thirty-six) months for the Smiles and Silver categories.
b) 48 (forty-eight) months, for the Gold category;
c) 60 (sixty) months, for the Diamond category.
8.1.1. The expiration will be calculated based on the date and time the Smiles Miles are credited to the Smiles Account and according to the current category before the miles are credited. Smiles Miles will be debited from the account according to their expiration dates, from those expiring sooner to those expiring later. Members should monitor the expiration of their Smiles Miles according to the information provided in their Smiles Account, available on the www.smiles.com.br website.
8.2. Smiles Miles may have different expiration dates than described in item 8.1, in cases of:
a) promotions; and
8.2.1. Information about different expiration dates for Smiles Miles will be made available on the www.smiles.com.br website; according to the terms and conditions of the promotions and bonuses, as well as on other communications channels made available by Smiles.
9.1. Smiles may develop specific products with Partners so that Members of the Smiles Program may have more opportunities for the accrual or redemption of Smiles Miles.
9.1.1. The products mentioned in clause 9.1 will each have their own Regulations or Terms and Conditions of Use, which will be determined in accordance with the present Regulations and made available to interested parties at the www.smiles.com.br website.
9.1.2. The products mentioned in clause 9.1 may be seasonal, periodic or permanent in nature and may be canceled by Smiles at any time without prior notice.
SMILES CARD CATEGORIES – RULES CURRENT UP TO JANUARY 2, 2017
10.1. The Smiles Program offers 4 (four) Smiles Card Categories to Members of the Program, as follows:
a) Smiles Category: for Members who accrue up to 9,999 (nine thousand, nine hundred and ninety-nine) Club Miles within a period of up to 12 (twelve) consecutive months;
b)Silver Category: is for Members who accrue between 10,000 (ten thousand) and 19,999 (nineteen thousand, nine hundred and ninety-nine) Club Miles within a period of up to 12 (twelve) consecutive months;
c) Gold Category: is for Members who accrue between 20,000 (twenty thousand) and 34,999 (thirty-four thousand, nine hundred and ninety-nine) Club Miles within a period of up to 12 (twelve) consecutive months;
d) Diamond Category: is for Members who accrue 35,000 (thirty-five thousand) or more Club Miles within a period of up to 12 (twelve) consecutive months.
10.2. The Smiles Card Category will be determined according to the amount of Club Miles accrued by the member, as per the following rates currently in effect:
a) 15 (fifteen) Smiles Miles obtained from Business or Financial Partners will entitle the Member to 1 (one) Club Mile, except for miles granted through bonuses, that is to say, miles not resulting from the participation in a Miles Generating Activity;
b) 1 (one) Smiles Miles obtained from Partner Airlines will entitle the Member to 1 (one) Club Mile, except for miles granted through bonuses, that is to say, miles not resulting from the participation in a Miles Generating Activity;
10.2.1. Smiles' Airline, Business and Financial Partners may change the rates of conversion of Smiles Miles into Club Miles, according to the business conditions negotiated between the Parties. They may also run limited-time promotional campaigns that change the rate of exchange. Both conditions mentioned herein will be widely communicated to Members.
10.2.2. Club Miles are calculated each time an accrual transaction (Miles Generating Activity) takes place, at the rates described in item 10.1.2 and rounding the result up or down to the nearest whole number.
10.3. 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.
10.4. Members who do not accrue the necessary number of Club Miles to remain in their category within the 12 (twelve) months prior to their card expiring, will be reclassified to the next lower category for 1 (one) more year. This rule does not apply to the Smiles category, which is indefinitely valid until the Member is upgraded. Members who earn enough Club Miles within the specified period to remain in their current category will have their cards renewed for 01 (one) additional year.
10.5. Club Miles accrued by January 2, 2017 will be valid for 1 (one) year (three hundred and sixty-five days), counting from the date the mile was accrued and expiring between 2017 and 2018 according to their expiration dates.
10.5.1. At the end of the calendar year of 2017, Club Miles will no longer be valid for requalification in the Program, which takes place on March 31, 2018. In other words, only Qualifying Miles will be valid for requalification in the Program in the year 2018, as described in Clause 11 of these Regulations.
SMILES CARD CATEGORIES – RULES IN EFFECT AS OF JANUARY 3, 2017
11.1. The Smiles Program offers 4 (four) types of Smiles Categories for Smiles Program Members who accrue Smiles Miles or fly with Partner Airlines.
11.1.1. For the purposes of item 11.1, we will consider the accrual of Smiles Miles resulting from promotions carried out by Partners as described in item 11.4.
11.1.2. For the purposes of item 11.1, we will only consider flight segments that generate accrual, in other words, tickets that were issued under a fare that allows for the accrual of Smiles Miles. In order to learn about fares that are eligible for mileage accrual, Members must consult the available communications channels of Partner airlines.
11.2. In the scope of these Regulations, the Member must provide a valid Smiles or CPF number to accrue Smiles Miles and accumulate Qualifying Miles and Flight Segments.
11.2.1. If the interested party is not registered in the Smiles Program when a request for mileage accrual is filed for an activity carried out with a Partner, the interested party will be temporarily unable to accrue Smiles Miles and accumulate Qualifying Miles and Flight Segments. In order to accrue mileage, the interested party must comply with the rules and deadlines of each Partnership.
11.3. Qualifying Miles and Flight Segments will be considered for Smiles Category upgrades as follows:
a) Smiles Category: for Members who accrue between 0 (zero) and 9,999 (nine thousand, nine hundred and ninety-nine) Qualifying miles or fly between 0 (zero) and 9 (nine) Flight Segments with Partner Airlines during a calendar year (January to December), according to the rules described in these Regulations;
b) Silver Category: for Members who accrue 10,000 (ten thousand) Qualifying miles or fly 10 (ten) Flight Segments with Partner Airlines during a calendar year (January to December), according to the rules described in these Regulations; If the Member surpasses the number of Qualifying Miles or Flight Segments described above, the exceeding Qualifying Miles or Flight Segments will be considered for category Requalification or upgrade in the following calendar year;
c) Gold Category: for Members who accrue 18,000 (eighteen thousand) Qualifying miles or fly 18 (eighteen) Flight Segments with Partner Airlines during a calendar year (January to December), according to the rules described in these Regulations; If the Member surpasses the number of Qualifying Miles or Flight Segments described above, the exceeding Qualifying Miles or Flight Segments will be considered for category Requalification or upgrade in the following calendar year; and
d) Diamond Category: for Members who accrue 30,000 (thirty thousand) Qualifying miles or fly 30 (thirty) Flight Segments with Partner Airlines during a calendar year (January to December), according to the rules described in these Regulations; If the Member surpasses the number of Qualifying Miles or Flight Segments described above, the exceeding Qualifying Miles or Flight Segments will be considered for category requalification or upgrade in the following calendar year;
11.4. The Member's Smiles Category will be determined according to the amount of Qualifying Miles accrued or number of Flight Segments flown with Partner Airlines, according to the following rates currently in effect:
a) 10 (ten) Smiles Miles obtained from a Partner Business or Financial Institution will entitle the Member to 1 (one) Qualifying Mile, except for miles granted through bonuses, that is to say, miles not accrued from a Miles Generating Activity;
b) 1 (one) Smiles Mile obtained from a Partner Airline will entitle the Member to 1 (one) Qualifying Mile, except in the case of miles granted through bonuses, that is to say, miles not accrued from a Miles Generating Activity;
c) Every Flight Segment flown with a Partner Airline will count toward the Member's Smiles Category classification corresponding with the Flight Segments flown during the calendar year (January to December.)
11.4.1. Airline, Business and Financial Partners may change the rates of conversion of Smiles Miles into Qualifying Miles, according to the business conditions contracted between the Parties. They may also run limited-time promotional campaigns that change the rate of exchange for a determined period of time. Both conditions here mentioned will be widely communicated to Members.
11.4.2. Qualifying Miles are calculated each time an accrual transaction takes place, according to the rates described in item 11.03, and the result will be rounded up or down.
11.5. 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.
11.6. If the Member does not accrue the necessary number of Qualifying Miles to remain in his or her current Category or does not fly enough Flight Segments with Smiles Partner Airlines to remain in his or her current category during the previous calendar year (January to December), he or she will be reclassified into the next lower category and that classification will be valid for 12 (twelve) months. This rule does not apply to the Smiles category, which is indefinitely valid until the Member is upgraded. Members who earn enough Qualifying Miles in the specified period to remain in their current category will have their cards renewed for an additional 12 (twelve) months.
11.6.1. The Qualifying Miles and Flight Segments accrued during a calendar year (January to December) will be valid up to December 31 of the current calendar year. As of January 1 of the following calendar year, a new cycle begins and the count for Qualifying Miles and Flight Segments is brought down to zero, except in the situations described in item 11.3 paragraphs b, c and d.
11.7. SMILES MAY, AT ANY TIME, CHANGE THE RULES OF THE SMILES CARDS CATEGORIES, INCLUDING BY MEANS OF THE CREATION OF NEW CATEGORIES OR FLIGHT SEGMENTS, REPLACING OR NOT THE CURRENT ONES, GIVEN PRIOR NOTIFICATION OF THE CHANGE TO MEMBERS OF THE SMILES PROGRAM.
REDEEMING SMILES AWARDS
12.1. The Members may exchange Smiles Miles for Smiles Awards, directly at the www.smiles.com.br website, by providing their Smiles Access Information, according to the rules described in these Regulations and on said website.
12.1.1. All of the necessary information for issuing Airline Tickets, such as the necessary number of Smiles Miles, domestic and international destinations available, flight times and dates and seat availability are found on the www.smiles.com.br website for online consultation by Members searching for flights. The number of Smiles Miles necessary to issue an Airline Ticket may vary according to the Partner Airline, class and destinations selected by the Member, as well as other factors specified in these Regulations.
12.1.2. The Member declares that he or she is aware that Smiles does not predetermine prices for Airline Tickets and other Awards. The prices will be those available on the www.smiles.com.br website for prior consultation, which take into account, among other factors, the availability of the Award from the Partner Airline, Business or Financial Institution, the conditions of the promotion, demand, the availability of seats on the market for sale and for mileage redemption, the current price of seats on the market for sale and for mileage redemption, the early purchase of the ticket, high volume periods, such as holidays and commemorative dates, as well as the cost of acquisition of the Award and macroeconomic conditions and indexes.
12.1.3 Smiles declares that it does not operate as an airline, manufacturer and/or retailer of products, does not control the inventory and number of Awards provided by Partners, including Airline Tickets, products or services, and that it cannot guarantee the price conditions for the Member's desired transaction available on the www.smiles.com.br website until it is authorized, confirmed and completed by its Airline, Business or Financial Partners.
12.2. The redemption of Airline Tickets is contingent upon the availability of seats that can be reserved using Smiles Miles, according to the availability rules defined by Partner Airlines. The Smiles Program Member must be aware that seats may not be available at the time he wishes to redeem Miles for an Airline Ticket.
12.2.1. It is the sole responsibility of Smiles Members to read the fare rules and the air transportation contract presented to them or made available to them on the website of a Partner Airline when an Airline Ticket is issued. If Members have any questions, they can obtain more information on the www.smiles.com.br website or contact the Smiles Customer Service Center.
PRODUCTS AND SERVICES OF BUSINESS PARTNERS
12.3. Members can also use their Smiles Miles to redeem products or services from Business Partners at the Virtual Store. The list of products and services available, the number of Smiles Miles required to redeem them, as well as the rules and specific conditions of operation of the Virtual Store can be found at the www.smiles.com.br website.
12.3.1. The network of Business Partners for the Smiles Program may change over time. Smiles commits to keeping the list of Business Partners up to date and available on the www.smiles.com.br website.
12.4. The products and services offered at the Virtual Store are the sole responsibility of the Business Partners. Members requiring any information or clarifications related to the products and services offered at the Virtual Store must obtain them directly from the relevant Business Partner. Possible delays in the delivery of a product or service, flaws, even if hidden, defects, exchanges, cancelations or complaints must be addressed with the Business Partner, as should instances of buyer's remorse, as described in the Consumer Defense Code.
12.4.1. Without prejudice to the stipulations of 12.4, Smiles will provide a channel to address Member's needs through its Customer Service Center.
12.5. Fees for redeeming, issuing, canceling or refunding Smiles Miles or for collecting Smiles Awards or transferring Smiles Miles, among other activities, as well as other fees, may be charged according to the stipulations established by Smiles or by Partner Airline, Business or Financial Institutions, which will always be communicated to Members.
ISSUANCE OF TICKETS
13.1. To issue Tickets, Members must have a valid Smiles account and: i) access the appropriate section of the Smiles website; ii) carefully read the information pertaining to each Ticket; iii) have accrued the necessary number of Smiles Miles to issue Tickets; iv) make sure Tickets are available for issuance at the time of purchase; and v) have their credit card company approve the payment of the other fees and amounts.
13.2. Tickets are effectively issued when Smiles Miles are debited from the Member's Smiles Account and airport fees and other services are paid, when applicable. It is the responsibility of Members to confirm that their Tickets were properly issued using the correct number of Smiles Miles from their Smiles Accounts, by logging into the Smiles website, as it is the responsibility of Members to confirm that the payment of applicable fees was effectively charged to their credit card.
13.2.1. Smiles shall not be liable for Tickets issued incorrectly if Members do not monitor the entire process, which shall be detailed in email messages sent by Smiles, and enter correct and accurate information into their Smiles Account.
13.3. Tickets may be issued on behalf of the Smiles Program Member or another person, within the limits determined by the Airline at the time of the redemption. However, Members shall be solely responsible for managing their Smiles Account and for not providing their Smiles Number and/or password to third parties, which is expressly prohibited herein.
13.4. Tickets may be issued independently, that is to say, Members may issue separate one-way or round trip Segments. Every country has their own entry and exit rules; therefore, Members are solely responsible for checking whether they must issue a return ticket to their country of origin.
13.5. ONCE A TICKET HAS BEEN ISSUED, SMILES MAY NOT MAKE ANY CHANGES WHATSOEVER TO THE TICKET. THEREFORE, AT THE TIME OF ISSUANCE, MEMBERS SHOULD CAREFULLY REVIEW ALL CRITERIA AND INFORMATION REQUIRED FOR THE CORRECT ISSUANCE OF TICKETS, SUCH AS PERSONAL INFORMATION, NAME, CPF NUMBER AND OTHER INFORMATION.
13.6. Tickets may be canceled and valid Smiles Miles refunded upon the payment of the applicable fees and Members may reissue tickets at their discretion. Smiles Miles that were refunded due to a cancelation shall maintain the same expiration dates they had when they were used to issue the canceled Ticket. Smiles Miles that have expired cannot be refunded.
14.1. Members expressly acknowledge that Smiles S.A. is the exclusive owner of the Smiles brand and other related brands, products and services. Participation in the Smiles Program does not endow, nor grant its Members any form of license or authorization to use, free of charge or for a fee, the Smiles brands. Any and all use of the Smiles brands shall always be for the exclusive benefit of Smiles S.A.
14.2. Members acknowledge the right of Smiles to unilaterally and at any time amend, change or update the rules, terms and conditions herein. Members will be previously notified of any and all amendments, changes and/or updates to these Regulations via the www.smiles.com.br website or email. Should a Member continue to use the Smiles Program after these regulations have been amended, changed and/or updated, that shall imply that the Member has accepted all changes.
14.3. The Regulations for the Smiles Program, in addition to the amendments, changes and/or updates made to it, are public and are registered at the 7th Registry of Deeds and Documents of the city of São Paulo, state of São Paulo, under registration number 1.862.137 and filed under number 1.941.099, as of October 3, 2016, and at the Registry of Deeds and Documents of Barueri, São Paulo, under registration number 1.104.392 and filed under number 1.230.586, as of September 30, 2016. All of these documents are also available at www.smiles.com.br.
14.3.1. This document shall become effective as of January 2, 2017 for an indefinite period of time, thereby canceling and replacing the previous contracts and related agreements.
14.4. The Smiles Program may unilaterally and at any time be suspended, terminated or changed or its management transferred, upon prior notification to its Members via the www.smiles.com.br website or email. However, under all circumstances, members shall retain their rights over the Smiles Miles they have accrued up to the date of suspension, termination or modification.
14.5. Cases not covered by these Regulations shall be dealt with on a case-by-case basis between the Member and the Smiles Program administration. Any tolerance to the violation or infringement of the rights of Smiles shall not constitute a waiver or novation of these rights and duties, nor shall it prevent Smiles, albeit belatedly, from requiring the fulfillment of these rights and duties.
14.6. Any exceptions to the rules, terms and conditions set forth herein shall only apply if they are set forth in a written document signed by the legal representatives of Smiles.
14.7. Smiles shall not be deemed in default or in breach of any of its obligations under these Regulations if the reason for non-compliance stems from an act of God or force majeure as established in the Brazilian Civil Code, Law No. 10.406, dated January 10, 2002.
14.8. All rules, terms and conditions set forth herein stand alone. Therefore, should any of the rules, terms and conditions herein be deemed invalid, unenforceable or illegal, in whole or in part, for any reason, by a court or competent authority, the validity and enforceability of other rules, terms and conditions, or portions thereof, shall not be affected.
14.9. Smiles provides customer service through a range of channels, as established in these Regulations.
14.10. These Regulations shall be governed, interpreted and enforced in accordance with the laws of the Federative Republic of Brazil, regardless of whether these laws conflict with the laws of other governments or countries, whereby Members may select the court in Brazil they deem most appropriate to resolve any questions arising from this document. The Member expressly consents to this jurisdiction, and hereby waives the jurisdiction of any other court, privileged though it may be.