Company Rewards Terms and Conditions

The following terms and expressions shall have the following meaning when used in these terms and conditions:

1.1. ‘Active Participants' means Participants who have booked their Traveller(s) on at least one Eligible Fare within the immediately preceding 12 months and whose Traveller(s) have flown all sectors of that Eligible Fare within the immediately preceding 12 months.
1.2. ‘bmi' means British Midland Airways Limited, trading as bmi.
1.3. ‘Businesses' means companies, partnerships, unincorporated associations or other similar entities and the word "Business" shall be construed accordingly.
1.4. ‘Commercial Contract' means a preferred supplier agreement entered into between bmi and the Participant and/or an agency incentive agreement entered into between bmi and the Participant.
1.5. ‘Dormant Participants' means Participants other than Active Participants.
1.6. ‘Eligible Fare‘ means a fare other than an Excluded Fare which meets all of the requirements set out in Clause 3.
1.7. ‘Excluded Fare‘ has the meaning set out in Clause 3.3.
1.8. ‘e-voucher‘ means an electronic voucher issued by bmi as a Reward to the Participant in exchange for Reward Points, such voucher being capable of redemption against a flight operated by bmi and booked via flybmi.com.
1.9. ‘Flown Revenue Spend' means the ticket price paid by the Participant for an Eligible Fare less all taxes, fees and charges but excluding any price or part thereof paid using e-vouchers. Flown Revenue Spend does not include any other sums paid including for any other products and/or services whether onboard or otherwise.
1.10. ‘Membership Year' in relation to the first membership year, means the period of 12 calendar months from the end of the month in which the Participant first joined the Scheme and in relation to each membership year thereafter, each subsequent 12 month period.
1.11. ‘Nominated Administrator' means the person nominated by the Participant to administer the Scheme on their behalf. This can either be an employee of the Participant or an employee of the Nominated Travel Agent.
1.12. ‘Nominated Travel Agent' means the travel agent appointed by the Participant who books flights and/or makes redemptions on their behalf.
1.13. ‘Participant' refers to the company who has membership of the Scheme.
1.14. ‘Pin' and ‘Pin Number' refers to the unique Scheme membership number issued to Participants by bmi.
1.15. ‘Rewards' refers to any form of gift, payment, voucher, discount or other benefit made available by bmi to participant's in the Scheme in exchange for Reward Points.
1.16. ‘Reward Points' refers to points that can be earned by Participants via their Traveller(s) and exchanged for Rewards made available through the Scheme.
1.17. ‘Scheme' means company rewards, the SME frequent flyer programme operated by bmi which is separate to the diamond club and highflyers loyalty programmes.
1.18. ‘Territory' refers to the United Kingdom.
1.19. ‘Traveller' refers to employees of the Participant travelling with bmi on business for the Participant. Subject to these terms and conditions, flights undertaken by Travellers are eligible to earn Reward Points for the Participant.

2.1. Membership of the Scheme is only open to Businesses and not individual persons. A Business may not join the Scheme if it is a: (i) travel agent, a consolidator or a ticket broker; or (ii) party to a Commercial Contract.
2.2. Membership of the Scheme is only open to Businesses based in the Territory.
2.3. bmi reserves the absolute right to refuse membership of the Scheme at its discretion and will not enter into correspondence relating to reasons for refusal.
2.4. Specific elements of the Scheme may be restricted to specific Participants.
2.5. By participating in the Scheme, Participants accept these terms & conditions and agree to be bound by the same as amended from time to time by bmi.
2.6. By joining the Scheme, the Participant agrees and warrants that its employees have agreed to receive correspondence relating to the Scheme from bmi by email and/or letter. Correspondence (including new members packs, news and updates) will be sent to the latest postal or email address given and will be deemed to have been received by Participants if posted/emailed to that address.
2.7. Participants will receive Scheme communications including news and offers specially targeted at Participants.
2.8. In order to join the Scheme, company's must provide the following information: (i) at least one Nominated Administrator who is an employee of the Participant; and (ii) a valid unique individual email address are required
2.9. bmi reserves the right to distribute information on the Scheme and/or communicate any changes to Active Participants only. bmi shall be under no obligation to distribute information on the Scheme and/or communicate any changes to Dormant Participants.
2.10. All management of the Scheme will be conducted via email and bmi shall provide no account management as part of the Scheme.
2.11. Flown Revenue Spend will be shared with all registered users listed on a Participant's online Scheme account unless otherwise requested.
2.12. In the event of loss, theft or unauthorised use of a Participant's details and/or Scheme account details, it is the Participant's responsibility to advise bmi immediately. Participants will be liable for any and all use of their Scheme account (including without limitation, any use, exchange or surrender of Reward Points, use of Rewards and/or access to any details of the Participant, its Scheme account and/or Travellers) until such time as bmi is notified of the loss, theft or unauthorised use. bmi will not be liable for any misuse, abuse or unauthorised use of the Participant's Scheme account details.
2.13. The Participant has control of usage over their Pin and the Nominated Travel Agent shall be entitled to use the Pin solely for the benefit of the Participant.
2.14. Participants shall not assign these terms and conditions, its membership of the Scheme nor any part thereof nor delegate any of its rights or obligations under the same.
2.15. Rewards Points are not transferable.
2.16. Changes to Business name, Nominated Administrator or preferred mailing address (either postal or email) must be notified to bmi in writing on Business letter headed paper and undersigned by an authorised signatory of the Business.

3.1. As at the date of first issue of these terms and conditions, Reward Points are determined by fare type and route. For further details on available Reward Points, the Participant should refer to the Scheme page on flybmi.com. bmi reserves the right to alter the method of determining Reward Points, the fares and routes in relation to which Reward Points are awarded and the number of Reward Points awarded at its absolute discretion without prior notice and without liability on its part.
3.2. Without prejudice to Clause 3.1, as at the date of first issue of these terms and conditions, Reward Points are only issued where all of the following conditions are met: (i) the fare is booked for a Traveller; (ii) the fare is for a bmi flight; (iii) the flight booked and flown is operated by bmi; (iv) the fare is booked at flybmi.com whilst the Participant is logged into their flybmi profile or by the Participant's Nominated Travel Agent via their GDS and the Participant's Pin Number is correctly inputted in the OSI pin field when making said booking.
3.3. Without prejudice to Clause 3.1, as at the date of first issue of these terms and conditions, Reward Points are not issued for any of the following fares/flights: (i) flights operated by airlines other than bmi including (without limitation) partner airlines and/or codeshare flights; (ii) subject to Clause 3.5, where the Traveller is re-accommodated onto a flight operated by a carrier other than bmi; (iii) AD (agency discount) tickets; (iv) ID (industry discount) tickets; (v) any other airline employees discounted tickets; (vi) flights not flown; (vii) fares that are cancelled, refunded or returned; (viii) subject to Clause 3.8, flights flown prior to the commencement of the Participant's membership (all such fare/flights being "Excluded Fares").
3.4. Where Reward Points have been awarded for Excluded Fares, bmi shall be entitled to remove from the Participant's Scheme account Reward Points equal to the number of the Reward Points awarded in relation to the Excluded Fares.
3.5. Where a Traveller is re-accommodated onto another airline carrier by bmi for any reason and but for such re-accommodation, the flight would have qualified for Reward Points, Reward Points shall not be awarded for such flight automatically but can be claimed (subject to the terms of these terms and conditions) by writing to bmi Company Rewards, Donington Hall, Castle Donington, Derbyshire, DE74 2SB, enclosing details of the Traveller(s) original itinerary provided such claim is submitted within 3 months of travel.
3.6. Reward Points will only be issued once per sector flown and only issued to the Participant whose Traveller(s) has flown and not to any third party. Bookings containing more than one Pin Number will not be eligible for Reward Points.
3.7. bmi's decision as to whether and the number of the Reward Points awarded is final for the purposes of the Scheme. No correspondence will be entered into, in the event of any discrepancy between bmi figures and those of the Participant and/or their Nominated Travel Agent(s).
3.8. Participants joining the Scheme after 11^th October 2007 may (subject to these terms and conditions) claim Reward Points retrospectively for flights taken in the month prior to their starting date, by providing full flight details within 3 months of joining the Scheme.
3.9. Participants are responsible for checking their Scheme account online to ensure that Reward Points have been credited correctly.
3.10. Where Reward Points are not credited to the Participant's Scheme account contrary to these terms and conditions, the Participant shall be entitled to have the same credited by providing full flight details to bmi within 3 months of the relevant date of travel.
3.11. bmi shall be entitled to remove Reward Points from the Participant's Scheme account and/or not credit Reward Points to the Participant's Scheme account if, in the opinion of bmi, Reward Points have been obtained or would otherwise be obtained: (i) fraudulently; (ii) as a result of the misuse or abuse of the Scheme; (iii) contrary to these terms and conditions; or (iv) in any way which is inconsistent with the intent of these terms and conditions or the Scheme.
3.12. Reward Points do not create proprietary rights or interest and cannot be transferred, sold, or otherwise disposed of whether as part of an estate or otherwise and may not be pooled or combined.
3.13. If a Participant does not earn any Reward Points for a continuous period of 36 months or more (or such other period as bmi may in its absolute discretion determine from time to time), all Reward Points in the Participants Scheme account shall be forfeited. No cash or other benefit will be offered in lieu of forfeited Reward Points.
3.14  bmi may from time to time in its absolute discretion determine the validity of Reward Points.

4.1. The Rewards available and Reward Points required to utilise them will be determined by bmi from time to time in its absolute discretion. bmi reserves the right to alter the Rewards and/or the Reward Points required to utilise them without prior notice and without liability of any kind on its part. Further, Rewards are subject to availability. For further details on available Rewards, the Participant should refer to the Scheme page on flybmi.com.
4.2. Reward Points can only be: (i) exchanged for bmi e-vouchers through flybmi.com; (ii) redeemed once they have been registered on the Participant's Scheme account; (iii) redeemed on behalf of the Participant by the Nominated Administrator.
4.3. Reward Points may not be used for travel including accompanied or unaccompanied children and/or infants.
4.4. In the event that the Participant's Traveller is denied boarding and/or fails to check-in and board in relation to a fare procured with (whether in full or in part) Reward Points, the Participant shall not be re-credited nor entitled to be re-credited such Reward Points.
4.5. Any cash Reward paid under the Scheme shall be made by cheque payable to the Participant and will be sent to the Nominated Administrator.
4.6. By choosing to redeem Reward Points against charity donation Rewards, Participants are electing to donate to bmi's chosen charities, details of which can be found online at flybmi.com.
4.7. bmi shall be entitled to cancel, forfeit, remove and/or not honour any Rewards redeemed but not yet utilised if, in the opinion of bmi, those Rewards or the Reward Points used to obtain them, have been obtained: (i) fraudulently; (ii) as a result of the misuse or abuse of the Scheme; (iii) contrary to these terms and conditions; or (iv) in any way which is inconsistent with the intent of these terms and conditions or the Scheme.

5.1. bmi's measurement of a Participant's Flown Revenue Spend is final for the purposes of determining any cash bonus to which the Participant is entitled. No correspondence will be entered into, in the event of any discrepancy between bmi figures/data and those of the Participant and/or their Nominated Travel Agent(s).
5.2. Participants with a Flown Revenue Spend in excess of £50,000 ("Bonus Trigger") within a Membership Year qualify for a 4% cash bonus of the Flown Revenue Spend for that Membership Year. The cash bonus payment is capped at £10,000 per Membership Year.
5.3. Any Flown Revenue Spend made in currencies other than GBP shall be converted into GBP for the purpose of: (i) calculating whether the Bonus Trigger has been achieved; (ii) calculating any cash bonus due. The IATA rates of exchange at the time the cash bonus due is calculated shall be used to determine the GBP value of non-GBP Flown Revenue Spend.
5.4. The cash bonus will be issued in the form of a cheque made payable to the Participant and sent for the attention of the Nominated Administrator and shall be in GBP.
5.5. Cash bonuses cannot be processed until after the end of the Membership Year. Where a Participant's membership of the Scheme terminates part way through a Membership Year, the Participant shall not be entitled to any cash bonus.
5.6. Once a cash bonus has been processed for the previous Membership Year, no further cash bonus payments will be made in respect that Membership Year.

6.1. e-vouchers can be issued by bmi for any value but can only be redeemed by the Participant in one transaction. e-vouchers can only be utilised at flybmi.com.
6.2. It is the Nominated Administrator's responsibility to calculate the value of any e-voucher required. Where the value of an e-voucher used to book a flight is greater than the cost of that flight, no credit shall be given for the balance left on the e-voucher and the same will be lost and is non-refundable.
6.3. e-vouchers are valid for 1 year from the issue date and are non-refundable.
6.4. One e-voucher is required for each passenger included in the relevant booking. Where a multi-passenger booking is made, individual e-vouchers are only redeemable against individual passengers and their value cannot be split or shared between passengers intending to travel.
6.5. e-vouchers are redeemable against all routes on which tickets are capable of issue by means of e-ticket save that e-vouchers are not redeemable against e-tickets as part of journey where that journey includes travel pursuant to a paper ticket.
6.6. e-vouchers can be issued in Pounds (£), Euros' (€) or US Dollars ($), but the currency of the e-voucher must match the currency of point of departure of any Reward flight requested.
6.7. Issuance of e-vouchers in no way guarantees availability of specific flights. bmi will not enter into any correspondence relating to flight availability.
6.8. Flight bookings using e-vouchers must be made at least 24 hours in advance of the departure date of the first sector forming the booking.
6.9. Payment of all taxes and charges including (without limitation) departure tax, duties, air passenger duty, passenger service charges and any other charges or overseas taxes relating to flights booked using e-vouchers isthe responsibility of the Participant and are payable by credit, debit card or e-voucher at the time of reservation.
6.10. Standard booking terms and conditions apply to all bookings using e-vouchers either as full or part-payment.

7.1. In the event that the Scheme is or is to be closed, bmi shall use its reasonable endeavours to publicise such closure at least three months' in advance of the closure of the Scheme.
7.2. On closure of the Scheme, Participants shall not be entitled to: (i) earn Reward Points; (ii) utilise Reward Points; or (iii) any benefits under the Scheme other than to utilise Rewards flights or other Reward services already booked using Reward Points but not yet utilised prior to the end of such period.

8.1. By using the Scheme and taking advantage of any of the services or benefits offered under the Scheme, Participants consent to and warrant that they have procured the right for: (i) bmi to create, maintain and update a database of data on that Participant, its Travellers and their Nominated Travel Agent (‘data‘); (ii) bmi to supply such data to members of the bmi group of companies and/or bodies providing services and benefits under the Scheme; (iii) bmi to transfer the data to countries outside of Europe whether or not such countries have data protection laws.
8.2. ‘data' may include (without limitation): (i) membership data; (ii) data received from third parties providing services and benefits under the Scheme; (iii) personal data (including personal data as defined under the Data Protection Act 1998) supplied by the Participant on its Travellers.
8.3. Data will be held, updated and used: (i) to provide services outlined in the Scheme; (ii) to develop new services; (iii) to enhance customer service; (iv) for marketing and market research purposes; (v) to send mailings to Participants.
8.4. Consent under clause 8.1 will be deemed to continue until a Participant writes to bmi Company Rewards, Donington Hall, Castle Donington, Derbyshire, DE74 2SB to withdraw consent. Withdrawal of consent may mean that certain services and benefits may no longer be provided to the Participant, and also entitle bmi to terminate membership immediately.

9.1. If a Dormant Participant has failed to book their Travellers at least one Eligible Fare within 24 months of the Participant becoming a Dormant Participant, bmi may terminate that Participant's membership immediately. In the event of such termination, all Reward Points in the Participant's Scheme account shall be forfeited.
9.2. If, in the reasonable opinion of bmi, membership, services and/or benefits (including without limitation Reward Points and Rewards) should be withdrawn by reason of any act or omission on the Participant or their Travellers (including but not limited to: (i) failure to comply with the these terms and conditions; (ii) fraudulent activity; (iii) misusing or abusing membership or the services; (iv) misconduct onboard a bmi, bmi group company flight or in a lounge) bmi reserves the right to: (i) terminate and/or suspend the Participants membership at any time; and/or (ii) withdraw any and all services and benefits awarded or available to the Participant or to any third party (including without limitation, Reward Points and Rewards) whether accrued before or after the event giving rise to such withdrawal.
9.3. Membership may be terminated by the Participant by writing to bmi Company Rewards, Donington Hall, Castle Donington, Derbyshire, DE74 2SB stating that you no longer wish to be a member of the Scheme. All remaining Reward Points and any entitlement to any cash bonus will be forfeited.
9.4. Where a Participant enters into a Commercial Contract, that Participant's membership of the Scheme will automatically terminate. On termination no further Reward Points can or will be accrued and the Participant will have 3 months to utilise their Reward Points. At the end of the 3 month period, any points which have not been utilised will be forfeited.
9.5. Where a Participant merges with, acquires or is acquired by another Participant or by a third party who is party to a Commercial Contract: (i) the Participant must inform bmi of this as soon as reasonably possible; (ii) the Participant(s) who is/are subject to the merger and/or acquisition, shall inform bmi which Participant's membership of the Scheme is to end (the ‘Minor Participant"); (iii) the Minor Participant's membership of the Scheme will on notification to bmi of such status, automatically terminate. On termination no further Reward Points can or will be accrued and the Minor Participant will have 3 months to utilise their Reward Points. At the end of the 3 month period, any Reward Points which have not been utilised will be forfeited.
9.6. Participants who go into liquidation, receivership or administration will have their membership revoked and will no longer be able to earn or redeem Reward Points.
9.7. bmi reserves the right in its absolute discretion, and upon giving reasonable notice, to terminate a Participant's membership in whole, or in part should the Scheme cease to be operated by bmi in a particular country.

10.1. bmi expressly reserves the right in its absolute discretion to withdraw, cancel or vary in any way and at any time without notice, any service or benefit previously offered, expressed or provided to Participants, or the terms upon which the same are so offered or provided and will not be liable for any resulting loss or damage howsoever occasioned.
10.2. bmi may in its absolute discretion vary or change these terms and conditions at any time. bmi shall use its reasonable endeavours to give the Participant notice of any such variation and/or change.
10.3. The Participant will be deemed to have accepted any change or variation if the Participant retains its membership once such notice has been given.

11.1. bmi accepts no responsibility or liability in respect of loss, injury, damage, delay, accident or any other incidental matter in relation to any travel or other arrangements with exception of personal injury or death caused by bmi's negligence or for fraud or fraudulent misrepresentation.
11.2. All rights and title in and to the Scheme shall vest in and remain the property of bmi.
11.3. All carriage with bmi shall be subject to bmi's general conditions of carriage for the time being in force (full particulars of which are available on request) and all applicable laws.
11.4. bmi accepts no responsibility for advance flight bookings made for travel on routes which are subsequently withdrawn from service, except to the extent that Reward Points will be re-credited.

12.1. The value and benefit received under this programme may be subject to income tax and therefore may be required to be shown in your tax return. Any tax liability arising is the responsibility of the Participant. If the Participant is in any doubt as to the tax position, it should seek professional advice.
12.2. Any associated risk of the Scheme is undertaken by the Participant upon membership and acceptance of these terms and conditions.

13.1. 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.
13.2. No employee or agent of bmi has the authority to vary these terms orally.
13.3. bmi shall not be liable for any misrepresentations made on its behalf prior to your entry into these terms and conditions.
13.4. bmi will not be responsible for late, lost or misdirected mail.
13.5. No waiver of any breach of any provision herein shall constitute a waiver of any subsequent breach of any sort and no time or indulgence granted by one party to the other shall affect the strict rights of the party giving such time or indulgence.
13.6. No person other than the member shall have any right under the terms of the Contracts (Rights of Third Parties) Act 1999 (as may be amended) to benefit from or enforce any term of these terms and conditions.

14.1. The Scheme and the interpretation and application thereof is governed by English Law and shall be subject to the jurisdiction of the English Courts.