Vueling Club Programme Terms and Conditions

Effective from September 2017, these Vueling Club Terms and Conditions (together with, where relevant, the AGL Conditions of Use) set out below are important and affect your rights as a Member of the Vueling Club Programme.

You must read both these Terms and Conditions and vueling.com carefully before first quoting your Membership number to Vueling or an Airline Partner or Service Partner. The Vueling Club Programme Terms and Conditions contain some exclusions and limitations of liability with which we recommend you familiarise yourself.

If you have any questions, please contact us.

1. Membership agreement

These Vueling Club Terms and Conditions set out the contractual relationship between Vueling, AGL and each individual Member of the Vueling Club Programme.

AGL is a member of International Airlines Group and its role in this contract relates primarily to the awarding of Avios points, the redemption of Avios points and to clarify that title in Avios points is held by AGL in accordance with Clauses 11.1, 12.1 and 14.1. As a result, AGL will also receive, store and otherwise process and hold specific Member Data solely in connection with administering aspects of the Vueling Club Programme as set out in these Terms and Conditions. In this respect, AGL is a Data Controller under the English Data Protection Act 1998, and Vueling is a Data Controller under the Spanish organic law. Please note that although AGL and Vueling are each a Data Controller in respect of Members’ Data, they are independent Data Controllers, each with their own responsibilities for separate aspects of the data processing involved in administering the Vueling Club Programme .

AGL is also a party to the terms in this Agreement where they are specifically referenced.

Definitions

In these Terms and Conditions unless the context requires otherwise:

“AGL Conditions of Use” means the AGL conditions of use which can be found at https://www.avios.com/es/es/terms-and-conditions;

"AGL" means Avios Group (AGL) Limited;

"Airline Partners" means airlines (other than Vueling) whose flights may, from time to time, be eligible for Avios points or Rewards for Members;

"Avios" means the credits denominated as Avios or Avios points earned by a Member from AGL and credited to a Member's Vueling Club Programme account;

"Card" means, where issued, a Vueling Club Programme Membership card, issued for Premium Status as the case may be;

"Data" means data personal to a Member;

"Event Beyond Your Control" means unusual and unforeseeable circumstances which you cannot control and the consequences of which you could not have avoided even if you had taken all reasonable care;

"Fraud" includes fraud, dishonesty and deceit and in particular:

“IAG ” means any company in the International Airlines Group

"Loss" means losses, costs, damages, injuries, accidents or claims (whether direct or indirect) suffered by Members in connection with the provision of Services or Rewards;

"Marketing Partners" means Service Partners, franchisees, subsidiaries of Vueling and any company selected by Vueling to offer services, products or facilities to Members;

"Member" means the person who is a member of the Vueling Club Programme;

"Membership" means membership of the Vueling Club Programme;

"Membership Number" means the membership number allocated in accordance with point 2.5. of the Vueling Club Programme Terms and Conditions;

"Misconduct" includes:

"Non-Flight Rewards" means any Rewards comprising, in whole or in part, goods or services other than flights supplied by or on behalf of Vueling upon redemption by a Member of an appropriate part of the Member's Avios points;

"Partner Flights" means any flight operated by or on behalf of one of Vueling Club Programme’s Airline Partners;

“Premium Status” means an eligible customer according to the criteria established by Vueling at any given time or, at Vueling’s discretion, based on applicable circumstances, with Vueling providing notification (which may include by electronic means) that said status has been achieved, and this is not opposed under the terms set forth in these conditions. Premium status members will have a series of benefits that Vueling may determine at any given time.

“Premium Status Benefits” means privileges that Vueling offers Premium Status customers, which it may decide upon at any time and which will appear on http://www.vueling.com/en/vueling-club/premium

"Processing" and "Processed" includes obtaining, using, recording and holding in electronic or any other form;

"Rewards" means any flight ticket issued by, or other goods or services supplied by, or on behalf of Vueling upon redemption by a Member of an appropriate part of the Member's Avios points

"Sector" means a single eligible flight sector between two destinations;

"Service Partner" means partners (including Airline Partners) and companies such as financial and insurance institutions, hotels and car hire companies who provide Services to Members by reason of their Membership;

"Services" means the benefits, services, Rewards and facilities from time to time available to Members via collection or as Rewards whether provided by Vueling or Service Partners;

"Vueling Club Programme" means the loyalty programme called Vueling Club Programme operated by Vueling;

"Vueling" means Vueling Airlines S.A;

"vueling.com" means the Vueling website at www.vueling.com;

2. Membership

2.1. Vueling reserves the right not to enrol individuals with resident addresses in certain countries and/or regions. Such countries and/or regions are subject to change however reasonable advance notice will be given in circumstances where the removal of a country and/or region will affect the membership of existing Members.

2.2. Membership is not open to companies, partnerships, unincorporated associations or similar entities.

2.3. To apply for Membership an individual must apply online at vueling.com and state the information requested.

2.4. Membership is offered at the discretion of Vueling and Vueling may refuse Membership to any applicant.

2.5. Applicants accepted as Members will be given a Membership number and may be provided with a virtual Card. Multiple Membership is not permitted and each Member must maintain only one account. In the case of duplication of Membership, Vueling reserve the right to cancel all Memberships (other than the first Membership approved by Vueling) and will remove any duplicate Avios points.

2.6. Applicants will be admitted to Membership on the date they activate their account online via vueling.com or the date they first quote their Membership number to either Vueling or a Service Partner (whichever occurs first). By activating their account on vueling.com; using the Card and/or providing their Membership number and/or participating in the Vueling Club Programme, Members agree to be bound by these Terms and Conditions (as amended from time to time) and the information on vueling.com.

2.7. When a member accepted the migration of Punto to Vueling Club or a new customer will be registered in Vueling Club, these customers accept to be part of ATRP (Avios Travel Reward Programme) at the same time, this means that we will create an account for them in Vueling Club and AGL.

2.8. Correspondence will be sent to the Member's last preferred mailing address and/or the e-mail address provided on application or in accordance with Clause 3.7. Vueling and AGL reserves the right to provide information, including changes to the Vueling Club Programme only to active Members. An active Member is a Member who has earned or redeemed Avios points within the previous 12 month period.

2.9. Neither Vueling nor AGL will be responsible for late, lost or misdirected mail.

2.10. Correspondence from Members to Vueling or AGL should be sent to the Vueling Club Programme service centre.

2.11. Membership will terminate automatically:

2.11.1. in the event of the expiry of all Avios points in accordance with Clause 9.6 when a Member has not earned or redeemed Avios points or purchased points in accordance with the AGL Conditions of Use for 36 consecutive months; and

2.11.2. upon the death of a Member, in which case all Avios points accumulated but unused at the time of death shall be cancelled.

2.12. Vueling Club Programme is not a members' or proprietors' club.

3. Protection of Members’ Data

3.1. The Data which is Processed by Vueling and/or AGL in connection with Members may include:

3.1.1. Membership Data (such as Avios points accumulated or redeemed) and Data concerning Membership of other frequent flyer programmes;

3.1.2. Data about travel booked or undertaken by the Member including Data identifying any company or organization booking travel for the Member;

3.1.3. Data supplied by the Member;

3.1.4. Data collected when the Member is provided with Services; and

3.1.5. Data collected when the Member is otherwise in contact with Vueling, AGL or a Service Partner (such as Data about use of vueling.com).

3.2. The sources of the Data Processed by Vueling in connection with Members may include Vueling, AGL, Service Partners, Marketing Partners, purchasers of travel booked for or undertaken by the Member, travel agents, computer reservations systems, data processors, agents and contractors and other airlines. Vueling and/or AGL may link together Data obtained from a number of sources or combine Data with data held on other Vueling and AGL databases in order to differentiate between categories of Members and of members of other loyalty schemes for any of the purposes listed in 3.4 below.

3.3. Members consent to:

3.3.1. the registration and processing of their personal data in automated files under the responsibility of Vueling and AGL, both of which belong to IAG.

3.3.2. their Data being supplied to Vueling and AGL, other companies within IAG, Service Partners, Marketing Partners, other airlines, data processors, agents and contractors, immigration and customs authorities, and government and enforcement agencies, some of which may be located outside of the European Economic Area;

3.3.3. their Data being transferred to other countries, some of which may be located outside of the European Economic Area; and

3.3.4. processing of any sensitive personal data included in their Data (such as data revealing a medical condition or religious belief).

3.4. The purposes for which Data may be Processed by Vueling, AGL or by another recipient of Data under 3.3.1 include:

3.4.1. providing Services to Members, including any activity related to the aims of the Vueling Club Programme and the contractual relationship it has with them, including the analysis and formation of profiles and, generally, the undertaking of promotional, marketing and analysis activities by Vueling, the participating Companies and the Booking Systems;

3.4.2. making changes to Services and developing new Services;

3.4.3. providing customer service on Vueling flights and the flights of Airline Partners;

3.4.4. accounting and audit, safety and security, fraud prevention and investigation, and systems testing, development and maintenance;

3.4.5. the management and administration of Vueling Club Programme;

3.4.6. customer relations, service recovery and assisting Vueling and Service Partners in future dealings with Members;

3.4.7. credit checking and credit scoring where permitted;

3.4.8. immigration and customs control;

3.4.9. customer profiling and other marketing and market research analysis;

3.4.10. (by or on behalf of Vueling and/or AGL) communicating to Members information about Vueling Club Programme, including information about Vueling Club Programme benefits, using any contact details provided;

3.4.11. (by or on behalf of Vueling or Marketing Partners) communicating to Members about other products, services or facilities offered by Vueling, AGL Marketing Partners or other carefully selected companies, using any contact details provided;

3.4.12. conducting market research; and

3.4.13. any other purpose which is obvious or is communicated to the Member.

3.5. Consent to receive marketing and market research communications under 3.4.11 and 3.4.12 is requested by means of a tick box at the time of enrolment and may be given or withdrawn by the Member subsequently by logging into their account and amending their preferences. Member’s consent is applicable to Vueling and AGL.

3.6. Members may exercise, free of charge, their rights of opposition, access, rectification and cancellation of their data and revoke their authorization without retroactive effects under the terms specified in Spanish Organic Law 15/1999 on Personal Data Protection, in accordance with the legally established procedure.

3.7. These rights may be exercised by writing to the departments in charge of the computer file: for Vueling Airlines, S.A. the address is Departamento legal, Plaza Pla de L’Estany, 5, 08820, El Prat de Llobregat (Barcelona). Alternatively you can email lopd@vueling.com. For AGL the address is PO Box 90, Birchwood, Warrington WA3 7XA, or email customeraccounts@avios.com

3.8. Before any Data relating to a Member is disclosed to a Member by Vueling and/or AGL, the Member may be asked security questions which may require him/her to confirm his/her identity by providing information held by Vueling and/or AGL about that Member.

3.9. Members are responsible for the security of their online usernames and passwords and neither Vueling nor AGL shall have any liability in the event that a Member's logon and/or password is disclosed by the Member, whether intentionally or not, so as to allow a third person online access to the Data and to make any transactions. Vueling and AGL reserves the right to block online access to Data by or through any third party website not authorised by Vueling or AGL.

4. Use of the Vueling Club Card

4.1. Vueling Club members will be entitled to receive a virtual card once they have registered in Vueling Club. The customers can find the Vueling Club Card in their private profile and they can print and download it from there. Likewise, Members may download the card via the Vueling application available at app stores.

4.2. The Vueling Club card will be valid for the time stated by Vueling at issue. Once expired, the Member must again meet the required conditions or be selected by Vueling.

4.3. The Vueling Club card is personal and non-transferable. Any transmission or use by a person other than the holder of the same shall be considered fraudulent or wrongful use.

5. Premium Status

5.1. Customers who have bought 40 Vueling marketed flights (origin and destination itinerary, including any stopover) within a 12 months period and have a registered Vueling Club Account will be eligible for Premium Status. Vueling may also determine at its own discretion the customers who may be eligible for consideration as Premium status and benefit from the privileges of said status, based on their profile and level of loyalty.

5.2. Vueling have specific rules in relation to eligible segments: we count it according to the booking date, the Vueling Club Account holder customer must be the passenger and connecting flight counts one flight.

5.3. Vueling reserves the right to multiply certain segments under different kinds of fares, when counting segments towards obtaining Premium status. As an example, at present each segment flown under the Excellence fares is multiplied by three.

5.4. Those customers selected by Vueling or who comply with certain requisites determined at Vueling's discretion, shall be notified that they have achieved said status by electronic means. This communication may contain a single and non-transferable link, valid on a monthly basis, allowing: i) registration with Your Vueling Club Account should they not already be registered, ii) if they are already a Member, the entry of a series of additional information (postal address to send them the physical card identifying them as Premium status customers, date of birth and preferred airports).

5.5. If the selected client does not register with Your Vueling Club Account before the end of the month that the notification is received, they will lose the opportunity to hold Premium status until Vueling offers them, if applicable, another opportunity to hold said status via a new notification. Customers who have already registered for Your Vueling Club Account and are selected/comply with the requisites, will only have to enter a series of additional information to receive the Premium card.

5.6. Members who have registered with Vueling Club but fail to communicate their wish not to acquire Premium status within 10 days of receipt of the notification, using the channels provided for the same, shall automatically acquire this status as they will be deemed to have tacitly accepted the same.

5.7. The benefits assigned to Premium customers will be those offered by Vueling at any given moment at its own discretion, which shall be notified to customers via the website http://www.vueling.com/en/vueling-club/premium.

5.8. In order to enjoy Premium benefits, Members must identify themselves as Premium, providing their customer identification information to Vueling staff or third parties, or register in Your Vueling Club account to use Premium services. Likewise, Members may be required to verify their identity to make use of the benefits.

5.9. Premium members have the benefit of double accrual of Avios only on flights marketed and operated by Vueling, the Avios must be accrued on their Vueling Club account. Whilst the Avios points are credited to the Members account after the flight date, the accrual of double Avios will only occur if the customer was Premium when the flight was flown.

5.10. Vueling reserves the right to cancel the Premium status of any Member (with the subsequent withdrawal of the card, among other implications) that makes use of the benefits granted by Vueling or any partner company in a fraudulent or wrongful manner, or failing to comply with these Terms and Conditions. Vueling expressly states that any costs deriving from wrongful or fraudulent use shall be billed and payable by those responsible for the same.

5.11. However, Vueling reserves the right to terminate Premium at any time, providing 3 month notice prior to the programme being deemed terminated.

5.12. Use of the Premium card:

5.12.1. Premium Status Members will be entitled to receive a physical card once Premium status has been assigned and all the steps stated in Clause [5] have been completed.

5.12.2. Vueling will send the physical Premium card to any customers entitled to Premium status who request one. The request must be submitted through their Vueling Club account, and the card will be sent to the address associated therewith.

5.12.3. Likewise, Members may download a virtual Premium card via the Vueling application (which Members can find at available app stores). Members simply have to download the Vueling mobile application and login using their Member information.

5.12.4. The Premium card will be valid for the time stated by Vueling at issue. Once expired, the Member must again meet the required conditions or be selected by Vueling to have Premium status.

5.12.5. Both the physical and virtual cards are personal and non-transferable. Any transmission or use by a person other than the holder of the same shall be considered fraudulent or wrongful use.

5.12.6. The Card is not a credit card. It remains the property of Vueling and must be returned if requested.

5.12.7. The Member should produce the Premium Card or Membership Number at the request of Vueling whilst utilising the Services associated to the Premium Status (counter desk, fast track and priority boarding). Members should add their Membership Number to all bookings at time of booking.

6. Services provided by Service Partners

6.1. Some Services will be provided by Vueling and others (such as car hire) by Service Partners. Vueling will use reasonable endeavours to ensure the availability of Services provided by Service Partners but will not be liable for any Loss arising from failure by Service Partners to provide such Services except where such failure is caused by Vueling.

6.2. The provision of Services from Service Partners is conditional on Members stating their full name and Membership number when booking the Service and, where appropriate, showing their Card and providing additional information if required to do so by the Service Partner.

6.3. Where a Member uses Services which are not provided by Vueling, the Service Partner's terms and conditions relating to such Services will apply including those terms and conditions relating to bookings, ticketing, passports and all other matters, and Vueling will not be liable for any Loss.

6.4. Vueling may discontinue relationships with Service Partners at any time and will give Members such notice of any discontinuance as is reasonably practical in the circumstances.

7. Members eligible for Avios points

7.1. Only individual Members are eligible to earn Avios points and each Member must quote their email address and Membership number (which must match exactly,) at the time of booking and when using Vueling, Airline Partners or Service Partners.

7.2. Members are not entitled to Avios points if the name given when booking does not match exactly the name held against their Membership or if they have given incomplete information when booking.

7.3. Each Member has a responsibility to check that Avios points have been properly credited. This can be checked online at vueling.com.

8. Flights and ancillaries eligible for Avios points

8.1. Avios points can be earned by spend for travel on Vueling marketed and operated flights in any booking class. Details of currently applicable eligible booking classes are set out on https://www.vueling.com/en/vueling-club/what-is-vueling-club which may change from time to time.

8.2. If a member redeems Avios against a flight via Pay With Avios, the member may only accrue Avios on the cash element of the ticket (in spend model).

8.3. Avios points can be earned by distance on flights which are marketed by Vueling but are not operated by Vueling in any booking class. Details of currently applicable eligible booking classes are set out on https://www.vueling.com/en/vueling-club/what-is-vueling-club which may change from time to time.

8.4. Avios points can be earned in selected Airline Partner loyalty programmes (Vueling Club, Iberia Plus, Aer Club or other Avios Travel Programme). If the customer accrued avios in a loyalty programme different to Vueling Club: The terms and conditions for earning and using such Avios will be subject solely and exclusively to the operating airline partner terms and conditions of the relevant loyalty programme. A customer may choose which programme the Avios are to be accrued in when providing the relevant programme membership number.

8.5. In case of claim or other issues the customer has to contact the frequent flyer loyalty programme where he accrued avios.

8.6. You can collect Avios with all the ancillaries that you add to your online booking up to the date of your flight, except for cancellation insurance and credit card fees. This only apply to flights sold and operated by Vueling. Avios must be collected in your Vueling Club account. Vueling may, from time to time, communicate the criteria for earning Avios points on flights.

9. Earning Avios points

9.1. Avios points are earned by Members from AGL in return for activity with Vueling and Service Partners. The methods to earn those Avios points are set out in the remainder of this Clause 9 and at http://www.vueling.com/en/vueling-club/what-is-vueling-club.

9.2. Avios points will be earned on marketed and operated Vueling flights once a member has flown and will be awarded on the basis of total fare spend. If customer wants accrue in a frequent flyer programme different of Vueling Club they have had registered in that loyalty programme.

9.3. The Member must, except as mentioned below, actually travel on the Sector to qualify for Avios points.

9.4. Avios points can only be accumulated once per flight per Member, regardless of the number of seats purchased. Avios points will be credited only to the Member who has travelled on the flight on the relevant Sector and not to any third party.

9.5. If a Member has not earned or redeemed Avios points or purchased or transferred Avios points for 36 consecutive months, all Avios points that have been accrued to that date will expire and the Membership will automatically terminate in accordance with 2.11.1.

9.6. Where a Member is involuntarily re-routed by Vueling onto another carrier, and the original flight on which the Member was booked would have qualified for Avios points, the Member may still claim such Avios points online at vueling.com. Vueling will endeavour to ensure the Member's account is credited with the appropriate Avios points however it may be necessary for details of the Member's itinerary, including the retained segment of the boarding pass and passenger receipts to be sent to the Vueling Club Programme service centre in order to claim any Avios points credit.

9.7. Other than in relation to special promotions Vueling does not permit the credit Avios points where a Member is earning credits within another loyalty programme in respect of the same Services and such Tier Credits or Avios points are subject to recapture.

9.8. Vueling will record Avios points in the Member's personal account. Avios points cannot be redeemed until Vueling has recorded it in the Member's personal account.

9.9. Avios points which are not tracked automatically at the time of travel may be credited later at Vueling' discretion. Members may claim Avios points for Vueling marketed and operates flights in Vueling Club programme only (members will not be able claim Avios in other frequent flyer programme for their flights in Vueling marketed and operated) after completion of their travel either online at vueling.com or if required by submitting the retained segment of the boarding pass and passenger receipts provided that the claim is made, within 3 months of the date of travel or the relevant transaction.

9.10. In cases of dispute about entitlement to Avios points, Vueling may require proof of travel on the relevant Sector including the retained segment of the boarding pass and passenger receipts for the Sector claimed to have been flown. Claims must be lodged within 3 months of the date of travel.

9.11. When Members enter into a transaction with a Service Partner they may be entitled to receive benefits and earn Avios points provided they quote their Membership number when entering into the transaction and, if required, presents his/her Card or Membership Number on request. In some cases a Member may be required to enrol in the loyalty programme of a Service Partner and convert the Service Partner's loyalty credits into Avios points at the Member's option. Where a Member must elect whether to earn Avios points or the Service Partner's loyalty credits the Member will not be permitted to re-elect at a later date.

9.12. Service Partners which offer service benefits and the ability to earn Avios points to Members are listed on vueling.com.

9.13. A Member must give his/her Vueling Club Programme number to the reservations agent/travel agent each time a booking is made for travel on Vueling or when using any other Services. A Member must also present his/her Vueling Club Programme Card at check-in. Failure to give complete information may result in earned Avios points not being credited to the Member's account and the Member not receiving certain Services.

9.14. Avios points are shown on the Vueling Club Programme member’s account up to 35 days after the departure date of the booking. If your booking is cancelled or the ticket price is refunded, no Avios points will be awarded.

You must be a member of the Vueling club in order to take advantage of any special promotions launched by Vueling in relation to the collection of Avios Points. Promotional Avios cannot be accrued in other frequent flyer programme.

10. Redeeming Avios points

10.1. Avios points are redeemed by Members with AGL for Rewards provided by Vueling and Service Partners. The methods to redeem those Avios points and access the Rewards are set out in the AGL Conditions of Use - Using Rewards which can be found at https://www.avios.com/es/es/terms-and-conditions

10.2. Bookings with two or more passengers which have been paid partly or in full with Avios cannot be divided into several separate bookings. If a customer wishes to make a change to their booking, this change must affect all the passengers in the booking.

11. General

11.1. From time to time, Vueling and AGL may offer special promotional rates for Avios points and/or Reward bookings and such accruals and/or bookings will be subject to the terms and conditions as published with each offer and which take precedence over these terms and conditions. Unless otherwise permitted by Vueling, Rewards (including those special promotional Rewards) may not be used in conjunction with other awards, promotions, coupons, discounts or special offers.

11.2. Other than as provided for herein Rewards are not redeemable for cash, refundable or exchangeable for any other tickets or anything else and may be cancelled in such circumstances. At no time may Rewards be purchased by, sold to, bartered or otherwise transferred to other persons.

11.3. It is the Member's responsibility to ensure that they and everyone with whom they are travelling or any third party in whose name a Reward has been issued:

11.3.1. have checked the relevant entry requirements for any country being visited; and

11.3.2. have the correct passports, visas, health certificates and other travel documents needed for the journey.

11.4. Members, travel companions or third parties in whose name a Reward has been issued, may be denied boarding if their documents are not in order. Vueling shall not be liable for any Loss suffered by a Member and/or traveller as a result of their failure to arrange the above.

11.5. Vueling and AGL reserves the right to audit a Member's account and records without notice to the Member to check for compliance with these terms and conditions, the Vueling General Conditions of Carriage and Conditions of Contract and any other applicable rules, regulations or terms and conditions. During an audit a Member may be unable to make Reward bookings pursuant to the AGL Conditions of Use.

12. Ownership of Avios points

12.1. Avios points, and all rights of title to and property in such Avios points issued at any time, remains with AGL at all times and never passes to the Member.

12.2. Risk (for example, theft or unauthorised or fraudulent redemption) associated with Avios points passes to the Member as soon as Avios points is recorded on the Member's account, or otherwise awarded to the Member. Neither AGL nor Vueling is liable for unauthorised or fraudulent redemptions arising due to the actions of the Member or the failure by the Member to adhere to these Terms and Conditions.

13. Non transferability of Avios points

13.1. Except as otherwise provided by Vueling and AGL and communicated to the Member, Avios points are not transferable (whether from person to person, account to account, statement to statement, card to card or otherwise) and cannot be bequeathed, devised or otherwise transferred by operation of law.

13.2. Any purported purchase, sale, transfer, unauthorised use (including bartering), procurement or redemption of Avios points issued or awarded to another person or any other use of Avios points contrary to these Terms and Conditions will constitute a fundamental breach by the Member of these Terms and Conditions and therefore the contract between Vueling, AGL and the Member.

13.3. Each Member acknowledges that a breach pursuant to Clause 13.2 above may also constitute an inducement to breach the contract between Vueling, AGL and the Member, intentional damage to the business of Vueling and/or AGL, conspiracy and criminal offences under applicable local or national law. Any breach pursuant to Clause 13.2 will constitute Fraud and/or Misconduct and will be dealt with in accordance with Clause15.

14. Member’s right to terminate membership

14.1. Members may terminate their Membership at any time by writing to the Vueling Club Programme service centre stating that they no longer wish to be a Member or by visiting www.vueling.com, or by using the tool available on the members’ online profile. Any such termination will result in a loss of all Avios points and does not relieve the Member of any continuing obligations under these Terms and Conditions.

15. Vueling’s right to terminate membership

15.1. In addition to any other rights or remedies it may have, Vueling reserves the right at any time, in its absolute discretion, to terminate the Membership of any Member and/or (if applicable) the right of any Member to use the Card if a Member commits Fraud, Misconduct, is given a banning notice or withdraws their consent under Clause 3. Vueling must write to such Member stating their Membership is being terminated for this reason. Vueling and/or AGL may in its discretion suspend such termination and impose a reduction in Tier grade and/or remove Avios points and/or Tier Credits and/or request undertakings in respect of future conduct.

15.2. In the case of Fraud and/or Misconduct, Vueling and/or AGL may cancel all accrued and accruing Avios points of the Member and any Reward tickets.

15.3. The Member shall be liable to Vueling and/or any Airline Partner for the full price of any travel undertaken on Reward tickets, wholly or partly as a result of such Fraud and/or Misconduct, in accordance with the published fare applicable to such travel together with any reasonable costs, including legal fees, incurred by Vueling.

15.4. In the event of the termination of Membership the Card (if applicable) must be returned to Vueling. In the event an individual continues to hold a co-branded financial card they will not be entitled to receive any Avios points or Services.

16. Termination of the Vueling Club Programme

16.1. Vueling and/or AGL may terminate the Vueling Club Programme and Avios at any time. Except in the event of insolvency of Vueling or AGL will use its reasonable endeavours to give at least six months’ notice to Members. In the event of insolvency of Vueling or AGL, or otherwise at the end of the period of notice, each Member acknowledges and agrees that their right to use the Services (including the earning and redemption of Avios points with AGL) will cease with immediate effect.

17. Modification or withdrawal of the Vueling Club Programme services

17.1. Vueling and/or AGL may modify, withdraw, amend or add to any Services or other offers or arrangements or impose any requirements or restrictions relating to the use of Services or Rewards. Vueling and/or AGL will give as much advance notice as practicable of such action to Members. Current information is set out on www.vueling.com.

17.2. Examples of the action which Vueling and AGL might take under Clause 17.1. include withdrawing Services which Vueling provides itself, modifying the right to earn or redeem Avios points, the withdrawal of a Service (such as car hire) provided by a Service Partner or the withdrawal of Rewards. In addition, Service Partners reserve similar rights to withdraw, amend or add to Services or impose requirements or restrictions relating to them.

17.3. Members shall be deemed to have agreed to any modifications, withdrawal, amendment or addition to the Services or Rewards or the Vueling Club Programme Avios points programme pursuant to Clause 17.1 if, after they have been notified of the changes, they continue to quote their Membership number to obtain Services. Members who do not wish to accept changes in the Services may terminate their Membership in the manner described in Clause 14.

18. Variation of currency

18.1. Vueling and AGL may, from time to time, change the currency used by the Vueling Club Programme either in whole or in relation to any country or region. Vueling will use its reasonable endeavours to give at least six months’ notice to Members of any such changes.

19. Variation of these Terms and Conditions

19.1. Vueling and AGL reserves the right at all times to make any changes to these Terms and Conditions subject to giving Members reasonable notice as appropriate in the circumstances. Members who do not accept the amendments may terminate their Membership as described in Clause 14.

20. Exclusion of liability

20.1. Neither Vueling nor AGL will be liable for any Loss resulting from alteration to, or termination of the programme or the right to earn or redeem Avios points or any of the Services, except for Loss caused by its own negligence or wilful misconduct.

20.2. Neither Vueling nor AGL will be liable for any Loss if, by reason of local legal or regulatory prohibitions or restrictions, the Vueling Club Programme or the whole or any part of the Services cannot be made available in certain countries or to certain Members.

20.3. The limitations and exclusions of liability referred to in the Vueling General Conditions of Carriage will apply in relation to travel on the services of Vueling including Reward travel.

20.4. The limitations and exclusions of liability referred to in terms and conditions of the relevant Airline Partner will apply in relation to any travel on the services of the Airline Partner including Reward travel.

20.5. The limitations and exclusions of liability referred to in terms and conditions of Vueling and/or AGL and the relevant Service Partner will apply to Non-Flight Rewards as are notified to the Member at the time of booking by Vueling or the relevant Service Partner.

21. Member’s tax liabilities

21.1. Neither Vueling nor AGL makes any representations as to any income, use, excise or other tax liability of Members as a result of their Vueling Club Programme Membership. Such a tax liability may arise, for example, if a Member obtains Avios points and/or Rewards as a result of business expenditure. Members are advised to check with their accountant or tax adviser for further information.

21.2. The Member is solely responsible for any tax liability incurred as a result of Membership.

22. Governing Law

22.1. To the extent permissible by local law, these terms and conditions shall be governed by Spanish law. Vueling and each Member of the Vueling Club Programme submits to the non-exclusive jurisdiction of the Spanish courts to resolve any disputes that may arise out of them.

22.2. Any provision of these Terms and Conditions declared void or unenforceable by any competent authority or court shall, to the extent of such invalidity or unenforceability, be deemed severable and shall not affect the other provisions remaining which shall continue unaffected.

If there is any conflict in meaning between the Spanish language version of these Terms and Conditions and any version or translation of these Terms and Conditions in any other language, the Spanish language version shall prevail.

Vueling