company rewards terms and conditions

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

1.1. ‘company rewards’, ‘company rewards programme’ and ‘Scheme’ refers to the SME frequent flyer programme operated by bmi which is separate from the diamond club and highflyers loyalty programmes.
1.2. All references to the ‘Participant’ refer to the company who has membership of the company rewards programme.
1.3. ‘Traveller’ refers to employees of the Participant who fly for business purposes on behalf of the Participant’s company business.  Flights undertaken by such travellers are eligible (subject to these terms and conditions) to earn and accrue Reward Points for the purposes and benefits of the Scheme.
1.4. ‘Pin’ and ‘pin number’ refer to the unique company rewards membership number issued to Participants by bmi.
1.5. ‘Reward Points’ refers to points that can be earned and accrued by Participants via their Traveller(s) and exchanged for bmi e-vouchers (to redeem on Award flights), charity donations or cash redemptions.
1.6. ‘e-vouchers‘ refers to an electronic voucher issued by bmi to the Participant in exchange for Reward Points, such voucher being capable of redemption against an Award flight.
1.7. ‘Award flight’ refers to flights paid for wholly or in part with bmi e-vouchers.
1.8. ‘charity donations’ refers to donations made to charity by bmi on behalf of a Participant in exchange for Reward Points.
1.9. ‘cash rewards’ and ‘cash redemptions' refer to cash payments made to the Participant by bmi in exchange for Reward Points.
1.10. ‘Active Participants’ refers to Participants who have booked their Traveller(s) on at least one eligible flight and the sectors are actually flown within the immediately preceding 12 months.
1.11. ‘Dormant Participants’ refers to Participants other than Active Participants.
1.12. ‘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 their nominated travel agent.
1.13. ‘nominated travel agent’ refers to the travel agent appointed by the Participant who books flights and/or makes redemptions on their behalf.
1.14. ‘bmi’ means British Midland Airways Limited, trading as bmi.
1.15. ‘bmi group' means bmi, bmibaby Limited, British Midland Regional Limited and British Mediterranean Airways Limited.
1.16. “Businesses” means companies, partnerships, unincorporated associations or other similar entities and the word “Business” shall be construed accordingly.

2. membership
2.1. Membership is only open to Businesses and not individual persons.  A Business may not join company rewards if it is: (i) a travel agent, a consolidator or a ticket broker; or (ii) a marketing, promotions, advertising or consultancy firm engaged by bmi
2.2. 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.  Membership is not transferable.
2.3. Only Businesses based in the Republic of Ireland, the Netherlands, Belgium and France are eligible for membership of the Scheme.
2.4. To enrol in company rewards potential members must apply online at: www.flybmi.com/rewards and complete the application process in full.  Applicants may only state one preferred mailing address for postal correspondence.
2.5. Participants will be issued with a pin number and their nominated administrator will be responsible for creating a password, which along with a valid email address will form their unique user log in.
2.6. Changes to Business name, nominated administrator or preferred mailing address (either postal or email) must be notified in writing on Business letter headed paper and undersigned by an authorised signatory of the Business.
2.7. Participant’s membership of the Scheme is dependent on: (i) the Participant and/or their nominated travel agent following instructions as determined by bmi from time to time; and (ii) the Participant ensuring they are correctly logged into their profile or for their nominated travel agent to ensure that the pin number is correctly entered into the OSI field of any Participant’s booking.  Failure to follow these instructions will result in flights and related revenue being excluded from the Scheme.
2.8. 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.
2.9. Specific elements of the Scheme may be restricted to specific Participants.
2.10. By participating in the Scheme, Participants accept: (i) these terms & conditions; (ii) the membership benefits guide; and (iii) to forfeit all other existing financial incentive agreements with bmi and such other terms and conditions; and agree to be bound by (i) and (ii) as amended from time to time by bmi (collectively referred to in these terms and conditions as ‘the Agreement’).
2.11. Involvement in the Scheme confirms that Participants and its employees agree to receive correspondence relating to the Scheme from bmi either by email 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.
2.12. 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.
2.13. All account management will be conducted by telephone or email and no regular account management meetings are included in the Scheme.
2.14. When using Award flights or other services and benefits offered via the Scheme, Travellers may take advantage of the facilities and privileges available to them save that no Reward Points can be earned on Award flights paid for wholly with bmi e-vouchers.
2.15. In the event of loss, theft or unauthorised use of a Participant’s details and/or account details, it is their responsibility to advise bmi immediately.  Participants will be liable for all use of and details on their company rewards account until bmi is notified of the loss, theft or unauthorised use of Reward Points and/or their company rewards account. bmi will not be liable for misuse or unauthorised use of account details.
2.16. Revenue performance figures will be shared with all registered users listed on a Participant’s online account unless otherwise requested.
2.17. Participants shall not assign neither this Agreement nor any part thereof nor delegate any of its rights or obligations.
2.18. Membership will terminate if a Participant’s account becomes dormant for a period of at least 12 months and any outstanding unused Reward Points will automatically expire.

3. earning points
3.1. Flights eligible for the issue of Reward Points and the applicable reward levels will be determined by bmi from time to time in its absolute discretion. bmi reserves the right to alter the points awarded/reward levels without prior notice and without liability of any kind on its part. Reward Points will only be awarded in relation to adult fares.
3.2. Earning and utilising Reward Points on or against child fares/child or infant travel (accompanied or unaccompanied by an adult) is not permitted.
3.3. Without prejudice to Clause 3.1, qualifying tickets for the Scheme are those bought and/or sold within the Republic of Ireland, the Netherlands, Belgium and France on any bmi published fare.  All revenue from routepass and group fares are also included.
3.4. AD (agency discount) tickets and ID (industry discount) tickets and any other airline employees discounted tickets are ineligible for earning and accruing Reward Points.
3.5. bmi’s measurement of a Participant’s flown revenue figures is final for the purposes of the Scheme.  No correspondence will be entered into, in the event of any discrepancy between bmi’s figures and those of the Participant and/or their nominated travel agent(s).
3.6. Transferring of Reward Points/ charity donations/ cash rewards/e-vouchers/Award flights or revenue/sectors earned through the Scheme between Participants is not permitted.
3.7. No revenue arising from sectors flown prior to the Participants starting date will be included in the net flown revenue.
3.8. Reward Points shall be awarded to Participants only when: (i) they make a booking for their Travellers whilst logged into their flybmi profile; or (ii) their nominated travel agent makes a booking via their GDS for the Participants Travellers and correctly enters the Participant’s pin number in the OSI pin field.  
3.9. Reward Points will only be accredited once per sector flown and only accredited 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.
3.10. Nominated travel agents acting on behalf of the Participant must ensure that the relevant member profile is up dated regularly on their GDS, paying particular attention to any OSI pin data.  Expired or out of date OSI pin data can affect the process by which Reward Points are accrued and awarded to a member’s account.
3.11. Where a Traveller is re-accommodated onto another airline carrier by bmi for operational reasons and where the original booking would have qualified for Reward Points, the Reward Points can be claimed (subject to the terms of the Agreement) by writing to bmi, company rewards administrator, avenue des Pléiades, 15, Plejadenlaan 1200, Brussels, Belgium, enclosing details of the traveller(s) original itinerary.
3.12. If the Participant or their nominated travel agent does not include the pin number in a booking, the Reward Points can still be accrued pre-flight (subject to the terms of the Agreement) by contacting the company returns administrator with the relevant flight details.  These should include booking reference, flight number, date of travel and name of the traveller.  Participants, or those acting on behalf of the Participant, who continually and consistently do not include the pin number in bookings maybe excluded from the scheme and have their membership revoked.
3.13. Participants have responsibility for checking their account online to ensure that Reward Points have been accrued and credited properly.
3.14. Open jaw bookings are not eligible for accruing Reward Points.
3.15. Any Rewards Points deemed as ‘missing’ by the Participant from their account post-flight may still be awarded (up to 12 months after date of travel) by the Participant logging into their account and searching the flown database to select the relevant flights taken and add to their Reward Points balance.  If, after searching the flown database thoroughly flights still cannot be found, the Participant or those acting on their behalf should contact the company rewards administrator who will investigate further and add Reward Points to the Participants account as appropriate. 
3.16. After such investigations further claims for the retrospective crediting of Reward Points in relation to flights will be considered when made in writing to bmi and supported by flight tickets and an original boarding card or e-ticket receipt and such other information as bmi may request provided that the request is received by bmi no more than six months from the date of outbound travel. bmi’s decision shall be final.
3.17. Reward Points will only be awarded as detailed in the Agreement and may be amended from time to time. Reward Points will not be awarded for flights paid for using Reward Points, but will be awarded on part payment award flights where cash and points have been used to pay for flights.  Points can only be claimed for tickets issued in the name of an employee of the Participant (i.e. the Traveller) and where the flight is undertaken by that employee.
3.18. Reward Points shall be null and void if, in the opinion of bmi, they have been obtained (i) fraudulently (ii) as a result of the misuse or abuse of the Scheme (iii) in breach of the Agreement or (iv) in any way which is inconsistent with the intent of the Agreement. In such cases bmi may at its absolute discretion, require forfeiture of points.
3.19. 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.
3.20. bmi may from time to time in its absolute discretion determine the validity of Reward Points and may introduce time restrictions reducing the period of validity. If Reward Points due to expire are not used during the period of validity they shall thereafter expire and become void without liability of any kind whatsoever, on the part of bmi in respect there of.
3.21. Reward Points will not be awarded in relation to any flights or other goods or services that are cancelled, refunded or returned. bmi shall be entitled to remove any Reward Points that have been awarded in relation to cancelled, refunded or returned flights, goods or services.
3.22. To be eligible to earn Reward Points a flight must be operated by bmi. For the avoidance of doubt, Reward Points are not awarded for partner airlines and codeshare flights operated by non-company rewards partners.

4. redeeming points
4.1. Reward Points can be redeemed for bmi e-vouchers (in order to exchange them for Award flights), charity donations or cash redemptions. From time to time the flights and services available and Reward Points required to utilise them may change and are subject to availability. Part-payment can be made with promotions that specify part-payment in company rewards literature only.
4.2. In the case of Award flights and part payment Award flights with bmi, only scheduled services are included for the purposes of the Reward Point/part payment Award flight programme.
4.3. Reward Points may only be redeemed once they have been registered on the Participant’s account.  Normally points earned will show on the Participant’s account the day after outbound travel date and/or once the sector has been flown.   Similarly, bookings made by a nominated travel agent do not accrue Reward Points until sectors have been flown.   Reward Points will normally be available for instant redemption thereafter, except where travel has commenced on a Friday or Saturday in which case these points will not appear on an account until the following Monday. However, bmi is unable to guarantee exact timescales in which Reward Points will be registered on the members account.
4.4. Reward Points may not be used for travel including accompanied or unaccompanied children and/or infants.
4.5. bmi does not accept any responsibility for denied boarding or no show and Reward Points will not be recredited in such cases.
4.6. Any cash reward paid under the Agreement shall be made by cheque payable to the Participant and will be sent to the nominated administrator.
4.7. Participants achieving a €10,000 or more spend level within a 12 month period qualify for a 4% cashback bonus.
4.8. For reward purposes, as at the date of the Agreement: (i) (cash and charity donations) one Reward Point has a redemption value of €0.30; and (ii) (e-vouchers) one Reward Point has a redemption value of €1.50
4.9. The minimum level of Reward Points that can be redeemed for cash rewards is 500 (€150) and the maximum level of points is 8,000 (€2,400).  Cash redemptions can only be made twice a year.
4.10. By choosing to redeem Reward Points against charity donations, Participants are electing to donate to bmi’s chosen charities, details of which can be found online or by writing to bmi, company rewards administrator, avenue des Pléiades, 15, Plejadenlaan 1200, Brussels, Belgium.
4.11. No cash or other benefit will be offered in lieu of unclaimed Reward Points.
4.12. Any bookings made, awards or benefits given but not yet utilised shall be voidable if, in the opinion of bmi, they or the points used to obtain them, have been obtained fraudulently, as a result of the misuse or abuse of the company rewards programme or in breach of the Agreement or in any way which is inconsistent with the intent of the Agreement. In such cases bmi may at its absolute discretion, require forfeiture of such bookings, awards or benefits.

5. bmi e-vouchers
5.1. bmi e-vouchers can only be utilised online. 
5.2. Award (or part payment award) flight requests may be made via the website by the nominated administrator only. Award flight bookings made via the GDS are not permitted, but nominated travel agents can make the booking online on behalf of the Participant, so long as they have been identified as the nominated administrator for a particular member’s account.
5.3. E-vouchers can be issued for any value. The nominated administrator should calculate the amount of Award Points they wish to redeem in exchange for an e-voucher, and they must request an e-voucher to the same value.  bmi will not be liable or responsible for any difference or discrepancy between the amounts of Award Points calculated to receive an e-voucher to a specific monetary amount and the monetary amount of the e-voucher requested. The e-voucher will be emailed to the email address provided at the time of redemption.  Once the e-voucher has been emailed the redemption adjustment will appear on the member’s account. 
5.4. E-vouchers are valid for 1 year from the issue date and are non-refundable.
5.5. Any excess between the cost of flights booked with an e-voucher and outstanding credit left on the same e-voucher will be lost and is non-refundable.
5.6. One e-voucher is required for each passenger intending to travel i.e. individual e-vouchers must be redeemed for multi-passenger bookings i.e. one per passenger travelling.
5.7. E-vouchers are redeemable against all e-ticketable routes, except where journey includes travel to/from paper ticket routes (currently Jeddah, Riyadh and Manchester to Lyon). E-vouchers are not redeemable against paper ticket routes.
5.8. E-vouchers can be issued in Pounds (£), Euro’s (€) and US Dollars ($), but the currency of the e-voucher must match the currency of point of departure of the Award flights requested.
5.9. Once Award Points have been redeemed for e-vouchers, they may only be used by the individual named on the issued e-voucher i.e. the intended passenger. Changes can be made to the named individual by emailing the company rewards administrator who will cancel the e-voucher and re-award the points used, for the e-voucher in question, to the Participants account.
5.10. Whilst all reasonable effort will be made to satisfy customer requirements, Award (and part payment Award) flights and associated services are strictly subject to availability and bmi cannot guarantee in any way that customer requirements will be met. Bmi will not enter into further correspondence relating to flight availability.
5.11. Award flight bookings must be made at least 24 hours in advance of the outbound travel date.
5.12. Open jaw bookings are not permitted.
5.13. This offer is subject to availability and does not represent entitlement to book travel on a specific route on a specific date. Greater availability is offered on off-peak and high frequency services. 
5.14. Travellers are responsible for supplying valid passports and visas and, where necessary, for obtaining appropriate vaccinations and inoculations.  It is strongly recommended that travellers take out adequate travel insurance.
5.15. All flights are subject to the terms and conditions under which tickets are issued including bmi’s general conditions of carriage for passengers and baggage (a copy of which is available on request).
5.16. Award flight tickets have no resale value and no cash or credit alternatives will be offered.
5.17. Payment of departure tax, duties, air passenger duty, passenger service charges and any other charges or overseas taxes relating to Award flights booked using e-vouchers is  the responsibility of the Participant and are payable by credit, debit card or e-voucher at the time of reservation.
5.18. Changes to Award (or part payment Award) flight bookings with bmi or any other partner airline are permitted, subject to the normal fare rules, not less than seven days prior to outbound departure only providing travel is within the same zone, and will incur a charge of €30 per passenger, per change request (regardless of the number of changes). Changes are not permitted within seven days prior to outbound travel or after travel has commenced. Normal published fare rules apply to all award flights.
5.19. Any changes to Award (or part payment Award) flight bookings must be made by either (i) the Participant by telephoning bmi reservations to amend a booking they have made or (ii) the Nominated Travel Agent acting on behalf of the Participant and who has made the booking for them, by telephoning the travel trade helpline.
5.20. It is not permitted for Nominated Travel Agents or any other travel agent acting on the Participant’s behalf to make changes to award flight bookings via their GDS.  Any such changes made in this way will incur a change fee €45 to the Participant.
5.21. In the event of cancellation by the Traveller before the outbound travel, all Reward Points will be refunded in full. Any taxes paid will be refunded subject to a €35 administration charge.

6. length of programme
6.1. In the event that the Scheme should be closed, bmi shall use every reasonable endeavour to publicise at least three months’ notice of the closure of the Scheme. At the end of that period members shall no longer be able to earn Reward Points or redeem/utilise Reward Points nor shall Participants be entitled to any benefits under the Scheme other than flights or other services already redeemed but not yet utilised prior to the end of such period.

7. data protection
7.1. 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 creating, maintaining and updating a database of personal data on that Participant, its Travellers and their nominated travel agent (“data”) (ii) their data being supplied to members of the bmi group of companies or bodies providing services and benefits under the company rewards programme including but not limited to members of the bmi group of companies, Star Alliance members and diamond club partners, including their respective employees, agents and contractors; the data being used for the purposes described in clause 7.1 (iii) their data being transferred to countries outside of Europe whether or not such countries have data protection laws.
7.2. Data may include: (i) membership data (ii) data received from other bodies providing services and benefits under the company rewards programme (iii) any personal data supplied by the Participant on its employees/travellers
7.3. Data will be held, updated and used: (i) to provide services outlined in the company rewards programme and services offered generally by Star Alliance (ii) to develop new services (iii) to enhance customer service (iv) for marketing and market research purposes (v) to send mailings to members
7.4. Consent under clause 7.1 will be deemed to continue until a Participant writes to bmi, company rewards administrator, avenue des Pléiades, 15, Plejadenlaan 1200, Brussels, Belgium 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.

8. termination
8.1. If, in the reasonable opinion of bmi, membership, services and/or benefits should be withdrawn by reason of any act or omission on the participant or their Travellers part (including but not limited to failure to comply with the Scheme Agreement; fraudulent activity; misusing or abusing membership or the services; misconduct onboard a bmi, bmi group company or partner airline flight or in a lounge), bmi reserves the right to terminate the Participants membership at any time. In the event of the withdrawal of membership, bmi reserves the right to withdraw any and all services and benefits awarded or available to the Participant or to any third party (including points and rewards) whether accrued before or after the event giving rise to such withdrawal.
8.2. The Participant’s membership of the Scheme may be terminated upon 30 days written notice being given by either party with or without cause.  In the event of any material breach by the Participant of the Agreement or act of insolvency the Participant’s membership of the scheme will terminate immediately.  On termination (save for the Participants breach) any Reward Points, bmi e-vouchers, charity donations or cash redemptions due to the Participant shall remain payable.
8.3. bmi reserves the right in its absolute discretion, and upon giving reasonable notice, to terminate company rewards membership in part should company rewards cease to exist in any relevant geographic market.
8.4. Members who have not recorded any activity with bmi nor made redemptions for a 12 month period from the date of their last recorded activity on the company rewards database, shall be deemed dormant. If no claim is made on any residual Reward Points on that Participant’s account, membership may be terminated after a further 12 months and all remaining points forfeited.
8.5. Participants may terminate their membership by writing to bmi, company rewards administrator, avenue des Pléiades, 15, Plejadenlaan 1200, Brussels, Belgium stating that you no longer wish to be a Participant.

9. variation
9.1. bmi expressly reserves the right in its absolute discretion to withdraw, cancel or vary in any way or change at any time without notice, any service or benefit previously offered, expressed or provided to company rewards members, or the agreements upon which the same are so offered or provided and will not be liable for any resulting loss or damage howsoever occasioned.
9.2. bmi may in its absolute discretion vary or change the Agreement or membership at any time and will use its reasonable endeavours to give you notice thereof. You will be deemed to have accepted any change or variation if Participants retain membership once such notice has been given.
9.3. All schedules and timetables are approximate and may be subject to alteration or cancellation for operational or other reasons.

10. liability of bmi
10.1. 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 proven negligence or for fraud or fraudulent misrepresentation.
10.2. bmi reserves the rights to title and property of the Scheme.
10.3. 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.
10.4. 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.

11. liability of members
11.1. 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 you are in any doubt as to the tax position, you should seek professional advice.
11.2. Any associated risk of the Scheme is undertaken by the Participants upon membership and acceptance of the terms and conditions detailed in this Agreement.
11.3. Participants who merge, acquire or are acquired by another business may not earn further points under their current membership and must redeem all points within 3 months of change in circumstances.
11.4. Participants who go into liquidation, receivership or administration will have their membership revoked and will no longer be able to accrue or redeem Reward Points.
11.5. Whenever the Participant uses company rewards to obtain or utilise any of the Scheme benefits, facilities or arrangements, you will be personally liable for any and all costs, claims, charges or liabilities arising from such use.

12. general
12.1. Any provision of the 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.
12.2. No employee or agent of bmi has the authority to vary these terms orally.
12.3. bmi shall not be liable for any misrepresentations made on its behalf prior to the formation of this agreement.
12.4. bmi will not be responsible for late, lost or misdirected mail.
12.5. 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.
12.6. 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 the Terms and Conditions.

13. governing law
13.1. The Scheme is governed by English Law and shall be subject to the jurisdiction of the English Courts.