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General conditions of the "Flexil" subscription program

DEFINITIONS

Member: any person who has subscribed to the Subscription Program, whose name is printed on the Card and who has been assigned a Membership number.

 

AIR CARAÏBES: a limited company with Management and Supervisory Boards and share capital of 31,659,104 Euros, registered with the Trade and Companies Register in POINTE-A-PITRE under the number 414 800 482, whose registered office is at ABYMES (97139), Parc d’activités de la Providence.

 

Membership Card: the Program Membership Card, issued and delivered by AIR CARAÏBES once it has accepted the membership application to the program. It provides discounts and services under defined conditions on all AIR CARAÏBES flights.

 

General Terms and Conditions: these terms and conditions governing the Membership Program.

 

Diamant: the fourth Status in the Program. Members can access this Status, with the right to enjoy the services and benefits that come with the Status, if they have accumulated enough Miles over 12 consecutive months as described in the Préférence Program (display the current scheme).

 

EMD: Electronic Miscellaneous Document

 

Gold: the third Status in the Program. Members can access this Status, with the right to enjoy the services and benefits that come with the Status, if they have accumulated enough Miles over 12 consecutive months as described in the Préférence Program (display the current scheme).

 

Promotional Offers: temporary special offers that enable Members to obtain discounts or services or use additional benefits.

 

Préférence: the AIR CARAÏBES Loyalty Program.

 

Membership Program: the AIR CARAÏBES offer providing specific “Member” discounts on specific reference prices together with dedicated benefits on AIR CARAÏBES flights in accordance with the applicable conditions. This program involves the Member’s automatic enrollment in the AIR CARAÏBES "Préférence" loyalty program.

 

Section: journey between two geographical points under the same flight number.

 

Silver: the basic Status in the Program. New Members are given this status if they are not already enrolled in the Préférence program. The benefits attached to this status are defined in the Préférence Program (display the current scheme).

 

Silver Plus: the second Status in the Program. Members can access this Status, with the right to enjoy the services and benefits that come with the Status, if they have accumulated enough Miles over 12 consecutive months as described in the Préférence Program (display the current scheme).

 

Statuses: These are the levels of participation in the Program.

 

Qualifying Flights: regular flights on AIR CARAÏBES or another carrier but sold on an AIR CARAÏBES 427 ticket (TX) and allowing changes of Status under the Current Scheme.

 

PURPOSE

 

2.1.      Purpose of these general terms and conditions

2.1.1     These General Terms and Conditions govern the contractual relationship between AIR CARAÏBES and each Member of the Program.
 
2.1.2.   These General Terms and Conditions and any amendments thereto shall be deemed approved if the Member applies to subscribe to the Program, uses the Membership Card, earns Award and/or Qualifying Miles, orders or in any way uses an Award or a benefit offered under the Program, or if no written objection is received within 30 days of the amendment.


2.2.      Purpose of the Subscription Program

2.2.1    The Subscription Card, managed by AIR CARAÏBES, is a card offering its holder a specific discount on the reference fares to which it applies, and specific services and benefits on AIR CARAÏBES flights (Display specific discounts, services and benefits of the Program).
 
2.2.2    Miles earned and accumulated by the Member under this Program may be used under the Préférence Program.

SUBSCRIPTION PROCEDURE

 

3.1    Persons entitled to membership

3.1.1    All individuals aged 12 can become Members.
 
3.1.2    Legal entities may not participate in the Program. The managers, employees and beneficiaries of the staff of airlines, travel agencies or Tour Operator companies may not join.
 
3.1.3    Parental authorization or the signature of the tutor, curator or legal administrator is required for any person who does not have legal capacity and who is a minor wishing to subscribe to the Program and for the performance of any obligation of the Subscription.
 
3.1.4    Only one Subscription is accepted per person. If the Member has a duplicate account for the same card, AIR CARAÏBES reserves the right to delete the duplicate accounts.
 

3.2       Membership of the Program

 
3.2.1     Candidates apply for membership by completing the application form. Candidates submitting forms that are incomplete or contain incorrect information will not be eligible to open an account.
 
3.2.2    Once the request has been accepted by AIR CARAÏBES, the person requesting the subscription to this Program will be issued a Subscription Card.
 
3.2.3    All applicants for membership of the Program are presumed to have read and accepted these General Terms and Conditions, which remain available on the AIR CARAÏBES website or on request from AIR CARAÏBES.
 
3.2.4    AIR CARAÏBES reserves the right to refuse membership of the Program to anyone who does not meet the criteria or conditions set forth in these Terms and Conditions.


 3.3       Personal account

 
3.3.1    Every person whose Membership has been accepted by Air Caraïbes will have a personal account, an individual identification number and a personal code enabling access to commercial services and a dedicated space on the Air Caraïbes website. This identification number must be provided with any requests concerning the account. The confidential code is sent to the Member only. The Member is solely responsible for its disclosure to third parties.
 
3.3.2    In the event of loss or theft of data relating to a personal account, identification number or personal code, the Member agrees to notify AIR CARAÏBES. AIR CARAÏBES disclaims all liability for any fraudulent use of a personal account if it was not informed of the theft or loss as soon as possible.


 3.4       Data compliance

 
3.4.1    The Member guarantees the accuracy of all the information supplied, including their mailing address, and will be solely responsible for any erroneous, incomplete or outdated information.
 
3.4.2    Any change of address, name or any other information that may be required must be reported promptly in writing to Air Caraïbes, which may request any supporting documents it considers necessary.
 
3.4.3    Members must provide proof of their identity and address on request. Any failure to respond to this request within a reasonable period will automatically result in the suspension or termination of the Membership.

 
3.5       Beginning of membership

 
3.5.1    Participation in the Subscription Program is effective as soon as AIR CARAÏBES has accepted its request and in compliance with the provisions of the Consumer Code relating to the withdrawal period.


 
3.6.      Statuses:


3.6.1.   The statutes of the PRÉFÉRENCE program are open to Members, namely:
-       SILVER
-       SILVER PLUS
-       GOLD
-       DIAMANT
 
3.6.2.     In addition to the advantages of his subscription, the Member will also benefit from the advantages granted by the statutes of the PRÉFÉRENCE card.

SUBSCRIPTION PAYMENT

 

4.1    Card Price 

4.1.1    The cost of the Subscription Card is 200 Euros per year, excluding service charges.
 
4.1.2    At the end of the subscription period, the Subscriber may re-subscribe by paying the price corresponding to the card in accordance with the scheme in force at the time of renewal of the subscription.


 
4.2       Method of payment


 4.2.1    In the AIR CARAÏBES Agency, the subscription can be paid in cash, by cheque, by payment and credit cards accepted at the point of sale.
 
4.2.2    By telephone or on the Internet, the subscription can only be paid for by payment and credit cards accepted by AIR CARAÏBES.
 
4.2.3    Payment by cheque will be made no later than 30 days before AIR CARAÏBES accepts the Subscription request.


 
4.3       Discounts / Refunds


 4.3.1    No discount on the amount of the Subscription price or compensation for it shall be granted to the Subscriber if AIR CARAÏBES suspends its flights temporarily or indefinitely, unless otherwise provided by applicable laws or regulations
 
4.3.2.   The Subscription is not refundable, even if the Subscriber does not use his card for the entire duration of its validity, for any reason whatsoever.

SUBSCRIPTION MANAGEMENT

 

5.1    Transfer and assignment of the subscription  

5.1.1    The use of the PRÉFÉRENCE card is reserved exclusively for its holder.
 
5.1.2    The Account, the PRÉFÉRENCE card and the Miles obtained by the Member may under no circumstances be transferred, bequeathed, assigned or combined, free of charge or against payment, to or with the Account or Miles of any other person, whether or not they are a Member of the Program (unless provisions to the contrary are communicated to the Member).


5.2       Validity of the Card 

5.2.1    The Subscription Card is valid for one year.
 
5.2.2    In the event of non-renewal of the Subscription, the Subscriber remains bound by the PRÉFÉRENCE Loyalty Program until the latter is terminated.
 
5.2.3    The entire trip must be made by the Subscriber during the validity period of the Card.
 

5.3       Audit
 
5.3.1    AIR CARAÏBES reserves the right at any time to request any proof concerning the use of the Subscription Card.
 
5.3.2    AIR CARAÏBES reserves the right to audit all accounts in the Program at any time, without notice, to ensure compliance with the Program rules, the applicable conditions of carriage and/or fares.
 
5.3.3    If an audit reveals irregularities or violations, the processing of Awards and accumulation of Miles may be suspended by AIR CARAÏBES until such irregularities or violations have been resolved to the satisfaction of AIR CARAÏBES.
 
5.3.4    The customer will be informed of any irregularity or violation found and any penalties applied.

BUYING TICKETS AND USING SERVICES

 

6.1       The services provided, benefits and tickets resulting from the subscription may only be issued on flights operated by AIR CARAÏBES. The subscription holder can also benefit from the member fares on code-share flights operated with Corsair.

 

6.2       Only the Cardholder can benefit from the discounts, services and advantages offered by his Subscription formula if he is up to date with his annual subscription.

 

6.3.      The benefits of the Subscription Card are available on the AIR CARAÏBES website (view discounts, services and specific benefits of the Program).

 

6.4       In the event of loss of the Card, if the Member's status cannot be verified through computer systems, the Member will be issued tickets at the normal fare applicable at the time of purchase, with the possibility of obtaining a retroactive reduction on delivery of the ticket stubs.

 

6.5       If the passenger arrives at the point of sale or at the airport for a trip in the absence of the payment card or EMD of which he is the holder, he will be invoiced a fare adjustment at the rate normally applicable at the time of purchase unless his status as a Member can be verified through computer systems.

 

6.6       Promotional Offers for tickets cannot be combined with other offers unless stated otherwise by AIR CARAÏBES.

MISCELLANEOUS

 

7.1       Account termination, exclusion and closure and death of the Member

7.1.1    The subscription contract is concluded for a period of one year and the Subscriber may not terminate it in advance.


7.1.2    AIR CARAÏBES may terminate the contract under the conditions provided for in Articles 7.1 and 7.4. If a Member does not accept changes to the Program, they must notify AIR CARAÏBES and this notification shall constitute termination. No damages or reimbursement of the Subscription Card will be granted to the Subscriber.

 

7.1.3    AIR CARAÏBES reserves the right to temporarily suspend the subscription or to permanently exclude from the Subscription Program any Subscriber who:
§    has misused the benefits awarded under the program;
§    has made false declarations;
§ has allegedly fraudulently used the Subscription system;
§    has fraudulently used AIR CARAÏBES transport tickets, or does not respect these general conditions and/or the General Conditions of Carriage in force;
§    has unpaid debts to AIR CARAÏBES of any nature whatsoever.


 
7.1.4    Any termination or exclusion results in the immediate closure of the account and exclusions can be made for an indefinite period, during which the person may not rejoin the program.


 
7.1.5    In the event of the death of a Subscriber, AIR CARAÏBES will terminate the contract as from the date of receipt of the death certificate.


 
7.1.6    In the event of termination, all rights attached to the Subscription are lost, without the Subscriber or any third party or assignee being entitled to any compensation or refund.


 
7.1.7    At the end of the contract or in the event of termination, the card or cards in the possession of the Subscriber or his beneficiaries must be immediately returned to AIR CARAÏBES.


 
7.1.8    If the contract is canceled at the Member’s request, AIR CARAÏBES is entitled to request the refund of any awards, services and benefits rendered free of charge that are usually invoiced, without the Member or any third party/entity being entitled to claim any compensation.
 


7.2       Termination or Replacement of the Program

7.2.1    AIR CARAÏBES reserves the right to terminate the PRÉFÉRENCE program at any time without notice or to replace it with another loyalty program.
 
7.2.2    In the event of cancellation or replacement of the Subscription Program, AIR CARAÏBES shall inform its subscribers by any means within the time limits determined by the Company.
 
7.2.3    In the event of cancellation of the Subscription Program, the Subscription Card may no longer be used, except for tickets already issued as from the date of cancellation communicated.
 
7.2.4    In the event of cancellation of the Subscription Program by AIR CARAÏBES, the sums paid by the Subscriber will be returned to him pro rata to the months remaining before the expiry of the contract.
           
7.2.5    In the event of replacement of the Subscription Program, the old Subscription Contract shall be subject to the terms and conditions of the new Subscription Program without the Subscriber being entitled to a partial refund or discount of the price of his subscription already paid, even if the new subscription rate is lower than that paid by the Subscriber at the time of his subscription. The Subscriber may renounce this program by informing AIR CARAÏBES by registered letter with acknowledgement of receipt within one month of the information provided by the Company. In this case, the old contract and the new contract with the Subscriber shall be terminated without the Subscriber or any third party or assignee being entitled to any compensation.
 

7.3      Liability


7.3.1    The Member is liable for all damages caused to AIR CARAÏBES and its staff as a result of the improper performance or the partial or total non-performance of the obligations of this contract.
 
7.3.2    Tickets purchased with the Subscription Card are subject to the General Conditions of Sale and Transport in force. (To view the General Terms and Conditions of Sale and Transport of AIR CARAÏBES, click here).
 
7.3.3    AIR CARAÏBES declines all responsibility for any damage, death, delay, injury or loss caused by AIR CARAÏBES or its subcontractors resulting from or in connection with the advantages of the Subscription Card, with the exception of those provided for in the General Conditions of Sale and Transport of AIR CARAÏBES. Any claim against a Partner or subcontractor must be submitted directly to the Partner or subcontractor.
 
7.3.4    Unless provided otherwise in these Terms and Conditions, AIR CARAÏBES can in no event be held liable for loss or damage resulting from the termination or changing of the Program, or the withdrawal of one of the Partners. AIR CARAÏBES will make every effort to inform the Member of such changes or withdrawals as soon as possible.
 
7.3.5    The Member shall be responsible for any claims by third parties (including tax authorities) related to their participation in the Program.
 
7.3.6    Any claims or recourse by the Subscriber against AIR CARAÏBES under the Subscription Program must be addressed in writing to the PRÉFÉRENCE Department.


 
7.4       Changes to the Program or the general or special terms and conditions

7.4.1    AIR CARAÏBES may extend its Program at any time by introducing Partners. AIR CARAÏBES will inform subscribers as soon as possible of the partnership and the conditions applicable to it.
 

7.4.2    AIR CARAÏBES reserves the right to change its rules, general and special terms and conditions, schemes, sales literature, regulations, special offers and the name of the Program at any time, without notice or compensation, in compliance with the laws in force. AIR CARAÏBES will inform the Members of these changes on its website.
 

7.4.3    The laws of some countries may impose restrictions on the conditions of application and/or participation in the PRÉFÉRENCE program. To comply with these laws, AIR CARAÏBES will be entitled to immediately apply the new legal instructions and to modify its program accordingly without notice or compensation.

 

7.4.5    Due to local laws and regulations, AIR CARAÏBES may not be able to make the Membership Program or parts thereof available in certain countries or for some people. Air Caraïbes cannot be held liable for complying with local laws and therefore reserves the right to terminate the participation of one or more Members of the Program.

 

7.5      Right of withdrawal

7.5.1    In accordance with Article L121-20 of the Consumer Code, for any distance purchase, the consumer has a right of withdrawal for a period of fourteen (14) clear days which begins to run from the date of conclusion of the contract.

 

7.5.2    In accordance with Article L121-20-2 of the Consumer Code, the right of withdrawal does not apply to contracts relating to passenger transport services and Article L.121-22 of the Consumer Code provides that the consumer may no longer benefit from the withdrawal period if he has started to benefit from the service or has used the product sold.

 

7.5.3    The Consumer's right of withdrawal is exercised at his discretion, subject to compliance with the legal provisions mentioned above. The consumer, does not have to justify reasons, nor to pay a penalty. If he intends to exercise this right of withdrawal, the consumer sends within fourteen (14) days the withdrawal form (to display the withdrawal form, click here) to :

 

·       For consumers residing in the Caribbean or the rest of the world:

Air Caraïbes

Préférence Service

Parc d'activités de la Providence

97139 Abymes Cedex - Guadeloupe

 

·       For consumers residing in Europe:

Air Caraïbes

Préférence Service

4 rue de la Croix Nivert

75015 Paris

 

7.5.4    The consumer must also attach to the return the original invoice, a copy of which he/she will keep, as well as the Subscription Card. The refund will then only be made after receipt of the latter by AIR CARAÏBES.

 

7.6       Nullity and waiver

7.6.1   If one or more provisions of the contractual documents are held to be invalid or declared as such under any law or regulation or following a final decision by a competent jurisdiction, the remaining provisions will remain applicable and retain their full force and effect.

7.6.2  Waiving the right to take action in response to a breach of a contractual obligation does not mean waiving the right to take action in response to any subsequent breach of the same nature. In no case may this waiver be construed as waiving the right to later enforce, at any time and without notice, all the clauses and conditions of the contract.

 

7.7      Confidentiality

7.7.1    Any Subscriber may inform any third party or legal entity purchasing airline tickets with the Subscription Card of the existence of this Programme, provided that the information transmitted is not inaccurate.

 

7.7.2    Personal data relating to participation in the Program is processed, used and transferred, including outside the European Union, in order to implement the Program, in accordance with Act No. 78-17 of 6 January 1978 as amended by the Act of 6 August 2004. AIR CARAÏBES has declared to the National Commission on Information Technology and Liberties the processing of said personal data.

 

7.7.3    Total confidentiality will be maintained in the use and exchange of personal data by Air Caraïbes and its Partners as part of the proper functioning of the Membership Program. Moreover, to enable AIR CARAÏBES and its partners to offer products and services, information about Members and their participation in the Program may be exchanged confidentially between AIR CARAÏBES and its Partners for their exclusive use or be used for marketing and communications purposes.

 

7.7.4    In accordance with Act No. 78-17 of 6 January 1978 as amended by the Act of 6 August 2004, Members have the right to access, correct and object to information held about them. This right may be exercised at any time by contacting the Air Caraïbes PRÉFÉRENCE Service and/or its Partners in accordance with the instructions in the Personal Data Protection Policy (to view the Personal Data Protection Policy, click here).

 

7.8.      Contractual documents

 

7.8.1    The parties agree that this contract consists of the following applicable contractual documents:

·       These general terms and conditions; and

·       The schemes applicable to the program; and

·       The General Terms and Conditions of the Préférence Program

·       General Conditions of Sale and Carriage

·       Personal data protection policy

 

7.8.2    The various documents that form this contract are complementary and mutually explanatory.

 

7.8.3    Together, the contractual documents referred to in Article 7.8.1 express all the obligations of the parties and, on their date of effect, supersede any declarations or correspondence or agreements prior to that date.
 

7.9      Addresses for service and notices

7.9.1    For the execution of this contract, the parties elect domicile at their respective domicile and registered office. Each party undertakes to notify the other of any change of domicile or registered office. Failing this, the above notifications shall be validly made to the domicile and registered office indicated at the top of this document and to the attention of the signatory for each of the Parties.
 

7.9.2    All notices and correspondence under this contract shall be sent to:

·       Subscribers residing in the Caribbean or the rest of the world: lignevip@aircaraibes.com

·       Subscribers residing in Europe: Callvip.paris@aircaraibes.com

 

7.10     Governing law and courts with jurisdiction

 

7.10.1      The parties expressly agree that this contract shall be governed by French law.

 

7.10.2   In the event of disputes arising as to the interpretation or execution of this contract, the dispute shall be brought to the attention of the French courts.

 

APPENDIX 1

 

STANDARD WITHDRAWAL FORM

 

Articles L. 121-17 and R. 121-1 of the Consumer Code

 

To the attention of:

·       For consumers residing in the Caribbean or the rest of the world:

AIR CARAIBES

Préférence Service

Parc d'activités de la Providence

97139 Abymes Cedex

Guadeloupe

 

·       For consumers residing in Europe:

AIR CARAIBES

Préférence Service

4 rue de la Croix Nivert

75015 Paris

 

I/we (*) hereby notify you/us (*) of my/our (*) withdrawal from the contract for the sale of the Subscription (*) below:

 

Ordered on (*)/received on (*):

 

Name of the consumer(s):

 

Address of the consumer(s):

 

Signature of the consumer(s) (only if this form is notified on paper):

 

Date :

 

(*) Delete as appropriate.

 

Send this letter by registered letter with acknowledgement of receipt.