germanwings

1.1. Eligibility for Membership
Only individual, natural persons older than two years who reside in a country in which the Boomerang Club is offered are eligible to participate. The place of residence is regarded as being the actual locality where the member spends most of his/her life (e.g. principal residence), proof of which must be provided to Germanwings on request.

1.2. Start of Participation
Upon receipt of an application to participate in the Boomerang Club and receipt of the processing fee (see 1.3, below), Germanwings assigns a personal participation number and sends it to the applicant per e-mail. Participation begins with the receipt of this mail by the member. Registration can only be made in the internet under http://www.germanwings.com/. Only one Boomerang Club account per person may be opened. There is no legal right to claim authorization to join the Boomerang Club. Germanwings can refuse to authorize participation in the Boomerang Club without giving any reasons.

1.3. Processing Fee
A processing fee of 4 euros plus a transaction fee of 1 euro must be paid to participate in the Boomerang Club.

2.1. General
Accounting at the Boomerang Club is based on miles, which are booked to the member’s Boomerang Club Account. The miles can only be used for the purposes expressly listed in the terms of participation or other customer information. Bonus points and miles from other programmes cannot be converted into Boomerang Club miles unless Germanwings has reached an agreement to this effect with the operator of the other programme. Miles and the Boomerang Club Account are non-transferable and cannot be converted into cash and paid out. Miles can only be collected for the performances to be effected personally towards the member.

2.2. Balance of Account
Members can look up the latest balance of their Boomerang Club Account at any time under http://www.germanwings.com/. The last 20 movements in the account are shown in addition to the latest balance. The sending of the latest balance of account by mail, e-mail or fax or the provision of information on the latest balance of account per telephone are explicitly not offered. Complaints must be lodged within two weeks of receipt of the account information or its first listing in the personal Boomerang Club Account. Thereafter, the balance of account shown will be regarded as accepted.

2.3.1 Acquisition of Miles
It is possible to acquire miles from the beginning of participation. Flights or partner services booked or utilized before confirmation of participation is given by Germanwings cannot be considered. The number of miles credited depends on the programme terms that were valid at the time that the activity has been performed. Germanwings also allows Boomerang Club participants to collect miles with certain partner companies. Germanwings has no direct influence on companies of this kind and for this reason, Germanwings is not responsible for the unlimited availability of the services offered by the partner company (e.g. flights, hotel reservations, car rental) and the correct fulfilment of the terms of contract. The General Terms and Conditions of each partner company apply.

2.3.2. Flights
Miles will be credited to the member’s account for every fully paid flight with Germanwings (single route), except for those covered by items 2.3.4 and 2.3.5, below. The number of miles awarded for each single route under consideration of the flight date is updated and published daily at the time of booking at http://www.germanwings.com/. The standard rate of awarded miles is 1,500 per single route.

2.3.3. Hotels, Car Rental
For every paid stay at a partner hotel at rates declared as miles-capable when the accommodation contract was concluded - except for those covered by items 2.3.4 and 2.3.5, below – miles will be credited to the member’s account once the partner company has given notification of the services purchased from them. The same applies to every paid vehicle rental from a car rental partner company at rates declared as miles-capable at the time the rental contract was concluded. The number of credited miles will be announced separately. Several consecutive nights of accommodation are regarded as “one stay”. The same applies in the event of a check-in after a participant has checked out of the same hotel on the same day. A “rental” is the hire of a vehicle for at least one day or the hire of several vehicles on consecutive days at one or more branches of a car rental partner in the same town or city.

2.3.4. Exclusion of Miles
The crediting of miles is excluded for transactions such as services at Industry Discount rates (ID, IP, AD, GE, UD, DG, PEPs etc.), award services and free flights. The crediting of miles can be excluded for certain other performances too if this is announced in advance in the Germanwings communication media.

2.3.5. Crediting Process
Miles are only credited automatically to a member’s account if the personal membership number is given when booking a performance which entitles the purchaser to collect miles. The miles for Germanwings performances are usually credited to the member’s account within 48 hours of the utilization of the performance (flight date, not booking date). The miles for activities performed with partners companies are usually credited within 72 hours after the end of the month in which the performance was utilized. Miles for Germanwings performances which are not automatically recorded can be credited to the member’s account within 3 months after the activity. In this case, Germanwings requires the complete booking code of the bookings in question and reserves the right to request the original booking confirmation and boarding pass stub from the member in addition to the above. Miles not automatically recorded for activities performed with partner companies must be requested from the partner company. The miles for these activities are only credited once the partner company has given notification of the utilization of the services with the partner company. Germanwings is not responsible for the correct fulfilment of the terms of contract by the partner company. No miles are credited for not fully paid, refunded or illegally claimed benefits.

2.4. Redemption of Miles

2.4.1. General
All members can exchange their miles for award flights as soon as they have collected the corresponding amount of miles in their Boomerang Club Account. The prerequisite for this is the availability of the award flights in accordance with Item 2.4.3. Offers for award flights and the number of miles required in each instance are announced in the corresponding Germanwings communication media. The number of miles required for each award flight, irrespective of whether it is a one-way or return flight, is 24,000. The necessary amount of miles is deducted from the member’s account when the award flight is booked.

2.4.2. Booking of Award Flights
Award flights with Germanwings can only be booked online under http://www.germanwings.com/. The booking of award flights through the Call Center is expressly excluded. Award flights must be booked at least 7 days prior to the desired departure date. The prerequisite for this is the availability of the award flights in accordance with Item 2.4.3.

2.4.3. Availability of Award Flights
The availability of award flights can vary in all instances, depending on the date, season and flight destination. Award flights may not be available at all at certain times. The right to book a specific flight as a award flight on a specific data does not exist. No award flights are available in particular on the days listed in our website in the area “How it Works – Questions & Answers about the Boomerang Club”.

2.4.4 Duty, Surcharges and Service Fees for Award Flights
All ancillary flight costs, such as duty (e.g. airport taxes, security charges), surcharges (e.g. extra insurance charges) and service fees (e.g. rebooking charges) connected with the granting or utilization of a award flight must be carried by the member and should be paid by credit card or electronic direct debiting. Members can obtain information on the amount of duty, surcharges and any service fees which may be due under http://www.germanwings.com/.

2.4.5. Rebooking of Award Flights
Award flights can only be rebooked under http://www.germanwings.com/. It is only possible to rebook to another available award flight. A rebooking fee of EUR 25 is charged for this service. If it is not possible to rebook to another award flight, the award flight is forfeited.

2.5. Expiry of Miles
If miles are not exchanged for an award within 24 months of their crediting to a Boomerang Club Account, they expire by the end of the twenty-fourth month. The expired miles are automatically deleted from the member’s Boomerang Club Account.

3.1. Termination
Either party can terminate the membership contract in writing at any time in compliance with a period of notice of two weeks. The terms of membership still apply to the handling of the participation during the period of notice. After participation has ended, the member is no longer entitled to collect miles. Any miles still remaining in an account at the time participation ends can be exchanged for award benefits within a period of 6 months from the day of termination. Germanwings will close the member’s account 6 months after participation has ended. Any miles still remaining in the account at this time will decline.

3.2. Programme Termination
Germanwings reserves the right to terminate the Boomerang Club at any time or replace it with another programme. Except for a special ruling in the replacement programme, the regulations of termination by Germanwings as defined in Item 3.1 shall apply to both instances.

4.1. Liability

If done with intent or gross negligence, or in the event of fatal or personal injury or impaired health, Germanwings will be held liable without restriction for any damage caused to members by Germanwings or their vicarious agents in connection with the participation. In the event of the slightly negligent infringement of essential contractual obligations, liability for any pecuniary loss or damage to property will be limited to the amount of the foreseeable damage which occurs in typical instances. All liability for damage claims in excess of this is excluded, except for claims asserted in accordance with the Product Liability Act.

4.2. Data Protection

4.2.1. Germanwings collects, processes and utilizes person-specific data to operate the website www.germanwings.com, which also covers the Boomerang Club. Please observe our general data protection information in this regard which can also be accessed in the website under the heading “Data Protection”.

4.2.2. In addition Germanwings collects personal data during registration and operation of the Boomerang Club and Germanwings processes and makes use of this data for the purposes of operating the programme. In doing so Germanwings may pass on your personal data to trustworthy third parties with whom Germanwings cooperates in the operation of the programme. This data is used by our partners and service providers when they credit miles to a user's account, when they respond to customer requests or when data is needed for programme communication purposes. Data shall only be used for these purposes, and it shall not be stored by third parties nor used for marketing purposes.

4.2.3. Any indication by you of preferences when registering for the Boomerang Club is done on a voluntary basis. It is possible to register without providing this data. Information about preferences shall only be used for internal statistical purposes and in order to improve our services in the future. This information shall not be passed on to third parties.

4.2.4. We shall only make use of your personal data for purposes over and beyond the operation of the programme if you have given us your express consent to do so when registering for the Boomerang Club. In this case you may receive information from Germanwings by post, email or telephone about promotions and offers which may be of interest to you.

4.2.5. You may at any time revoke your consent for the further use of your data in the future. To do so please inform Germanwings in writing at the following address: Germanwings, Abteiling Kundenservice, Flugplatz 21, D-44319 Dortmund, Germany.

4.3. Changes to the Programme or Terms of Participation
Germanwings reserves the right to change or supplement at any time the participation terms, awards, award graduations and other processes described in the programme documentation for the Boomerang Club, provided that they appear necessary and the member is not adversely affected by them in bad faith. Changes or supplements to these terms of membership will be announced in text form. They will be regarded as approved if a member continues to use his/her personal membership number to redeem or collect miles or does not lodge an objection in writing within one month of their announcement. Special reference will be made to this consequence upon announcement. If a member objects to a programme change, his/her membership can be terminated by giving proper notice in accordance with Item 3.1 of the Terms of Membership.

4.5. Law, Place of Jurisdiction
German Law applies exclusively. The place of jurisdiction for businesspeople is Dortmund. In addition to this, legal process can also be initiated against a member at his/her general place of jurisdiction or any other place with legal responsibility.

4.6. Salvation Clause
Should any of the individual provisions of this regulation be or become completely or partially ineffective, this shall not affect the effectiveness of the remaining provisions. The ineffective provision will be regarded as superseded by a replacement provision which comes closest in a legally effective manner to fulfilling the sense and purpose of the ineffective provision from an economic point of view. The same applies to any loopholes in the regulation.