Terms & Conditions - Miles & More Terms & Conditions

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General Conditions of Carriage (Passenger and Baggage)
Miles & More Terms & Conditions
Miles & More flight awards

 
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Miles & More Terms & Conditions valid until 30.06.2014 (PDF)
Miles & More Terms & Conditions valid from 01.07.2014 (PDF)

 

 

Terms & Conditions

The customer loyalty programme Miles & More (“Miles & More”) rewards your loyalty as a customer. Miles & More offers members the opportunity to earn miles from or redeem miles with various Miles & More partner companies (such as airlines, car rental companies and hotels).
The operator and publisher of Miles & More is Deutsche Lufthansa Aktiengesellschaft (“Lufthansa”). Lufthansa reserves the right to use selected joint operators for the programme in certain countries (such as Adria Airways, Air Dolomiti, Austrian Airlines Group, Brussels Airlines, Croatia Airlines, LOT Polish Airlines, Luxair and SWISS).
A number of conditions apply for collecting and redeeming miles and the general implementation of Miles & More, which we have summarized for you below. Special rules may also apply from other programme documents (such as General Terms & Conditions of Miles & More Flight Awards or General Conditions of Use for Miles & More Online Shopping) as well as from the Miles & More communication media (such as personal inbox, award catalogue or newsletter and account statement).

 

1. Participation

1.1. Eligibility
Persons eligible for membership are limited to those natural persons who are at least two years of age and who are residents in a country in which Miles & More is offered. The residence is deemed the actual physical home (primary residence: e.g. principal residence) of the member. Details of the person and the residence must be submitted accurately and truthfully and must be demonstrated to Lufthansa or a joint operator upon request.
A legal claim to participation in Miles & More does not exist. Lufthansa or a joint operator may refuse admission to Miles & More without giving a reason.

1.2. Commencement of membership
Membership commences at the request of a customer with the opening of their individual mileage account through Lufthansa or a joint operator. If the applicant is already a member of Miles & More, a new application for opening another personal mileage account is invalid, i.e. only one account can be opened and maintained per person. The new member will receive a temporary Miles & More card number as confi rmation that the account has been opened.

1.2.1 Temporary member accounts
The temporary Miles & More card number authorizes the holder to earn miles for 6 months. The application to open the mileage account must be fully completed by the customer within this time period. Mileage accounts with missing or incomplete personal data will be considered “temporary accounts” and will be closed within 6 months of the fi rst miles credited to the preliminary card number.

1.2.2 Permanent member accounts
Once the member has collected a certain number of miles to be specifi ed in the respective Miles & More communication media, a Miles & More card with a permanent Miles & More card number will be issued and sent to the member. The card remains the property of Lufthansa and must be surrendered to Lufthansa or a joint operator upon request.

1.3. Personal identifi cation number (PIN)
The member will receive a PIN for personal identifi cation, such as when requesting awards and checking their online account The member shall be responsible for avoiding misuse by ensuring that no unauthorized third party has access to the PIN. In cases of suspected misuse of the PIN, the Miles & More Service Team must be notifi ed immediately using one of the numbers specifi ed in the Miles & More communication media. Lufthansa and the joint operator shall only be liable for damages incurred as a result of a culpable failure or delayed notifi cation until the time of receipt of the notifi cation in the context of paragraph 4.1 of these Terms & Conditions.

1.4 Member’s frequent fl yer status
As part of Miles & More, various types of Miles & More cards will be distributed which defi ne the frequent fl yer status of the member (such as Frequent Traveller, Senator or HON Circle Members).
The respective status depends on the number of earned status miles or HON Circle miles within a specifi ed time period. After the expiration of the specifi ed time period, the count of status miles or HON Circle miles starts from the beginning of the calendar year. Depending on the promotion, different requirements may apply for obtaining a status (such as the number of fl ight segments fl own in a specifi ed period). Different benefi ts are associated with each status. More information on the qualifi cation criteria, the duration of a status and its associated benefi ts are presented in the Miles & More communication media. Benefi ts associated with a status can also be offered by the Miles & More partner companies. The nature, extent and duration of these benefi ts will be published in the communication media and can be viewed there.

 

2. Miles

2.1. General information
The basis of calculation for the Miles & More programme are mil es that are credited to the participant’s mileage account. Miles can be used only for the purposes expr essly specifi ed in the Terms & Conditions, additional programme documents or the Miles & More communication media.

2.1.1 Types of miles
There are different types of miles which a member can earn in Miles & More. The different categories are Award miles, Status miles, Select miles and HON Circle miles. Awards can be obtained in Miles & More with award miles. Status miles and HON Circle miles determine the frequent fl yer status and thus the card type in Miles & More. Select miles are counted per calendar year, can be collected as part of a frequent fl yer status and entitle the participant to acquire additional benefi ts.
“Miles” in the context of these Terms & Conditions are all types of Miles & More miles, unless specifi cally indicated otherwise.

2.1.2 Other customer loyalty programs
Bonus points, bonus miles or other units of account from other programmes cannot be converted into miles unless Lufthansa has reached an agreement with the respective operator of the other programme and has correspondingly communicated this in the Miles & More communication media. The same applies to the conversion of miles to bonus points, bonus miles or other units of account from other programmes.

2.1.3 Transferability of miles and trading with miles
Miles and mileage accounts cannot be transferred to a third party. The sale, exchange, offer for auction or any other transfer of miles to a third party is prohibited. Also prohibited are negotiations for the purchase or sale of miles and the purchase of miles from participants or a third party, as well as the unauthorized use of miles.
Deviating provisions shall be explicitly specifi ed in the Miles & More communication media.

2.2. Account balance
Members can check their current mileage account balance on any Miles & More account statement printer or online via their personal mileage account by entering their Miles & More card number and PIN. In addition, members who actively use Miles & More to a certain extent shall receive regular information on their current account balance, provided the member has signed up to receive Miles & More online newsletter communications. Shipping a printed version may be omitted if Miles & More generally provides access to the account overviews online in the online mileage account. The duplication or replacement of account statements is not possible.

2.3. Earning miles
2.3.1 General provisions for earning miles

Members can start earning miles after membership commences. Miles can only be credited to the member’s individual mileage account for services the member personally utilized. When using the services of the Miles & More partner companies, the benefi ciary of the Miles & More must be a cardholder to ensure that the miles can be credited. The billing recipient is irrelevant here.
The type and number of miles credited depends on the programme documents applicable at the time of the service rendered as well as Miles & More communication media. According to the procedure in Section 2.3.7, miles can be credited for a fl ight or a partner service eligible for earning miles, which takes place during the time period between the application submission and the opening of the mileage account. Members can earn miles with certain Miles & More partner companies. Lufthansa and the joint operator have no direct infl uence over these companies. Neither Lufthansa nor the joint operator of the programme is therefore responsible for the unlimited availability of the services of the Miles & More partner company (such as fl ights, hotel stays, rental cars) and the proper performance of contracts. The Terms & Conditions of the Miles & More partner company shall apply.

2.3.2 Special provisions for fl ights
For each actually fl own segment of a fully paid scheduled fl ight operated by Lufthansa, a joint operator or a Miles & More partner company, the member’s account will be credited with miles – subject to Sections 2.3.6 and 2.3.7.

2.3.3 Special provisions for hotels and rental cars
For each fully paid stay of the member at a hotel partner company at a rate declared as eligible for earning miles at the conclusion of the accommodation contract, the member’s account will be credited with award miles - subject to Sections 2.3.6 and 2.3.7. The same applies to any fully paid vehicle rental at a car rental partner company at a rate declared as eligible for earning miles at the conclusion of the rental contract.
Several consecutive overnights are considered a “stay”. The same applies in the event that the member checks in after checking out within one day at the same hotel. A “rental” is the rental and personal use of a vehicle by the member for at least one day, or of different vehicles on consecutive days in one or more branches of a car rental partner company in the same city.

2.3.4 Miles & More payment cards with mileage earning function
When using Miles & More payment cards (such as Lufthansa Miles & More Credit Card or Miles & More Credit Card), cardholders earn miles to a certain extent which will be credited to their Miles & More account. Details are described in the General Terms & Conditions of the respective Miles & More payment card.

2.3.5 Other ways to earn miles
Other temporary or permanent ways to earn miles and their Terms & Conditions will be announced separately in the Miles & More communication media or by the Miles & More partner companies themselves.

2.3.6 Exclusions from mileage credit
No miles can be credited for certain booking or service classes, special rates such as benefi ts to industry discount fares (ID, IP, AD, GE, UD, DG, PEPs etc.), for award services, free fl ights or services for which the member receives benefi ts under other bonus programmes. For certain other services, a mileage credit may be excluded by prior announcement in the Miles & More communication media.
Any mileage credit is also excluded for unused, reimbursed, lapsed or unlawfully obtained documents (tickets, coupons, etc.). The same applies in other cases of non-utilization or the refund of the service qualifying for earning miles.

2.3.7 Crediting procedure
Miles will only be automatically credited to the member’s account if the Miles & More card number, or another customer card eligible for earning miles, is submitted at the time of utilization of the service qualifying for earning miles.
Miles not automatically credited can be credited to the member’s account within 6 months of using the service. In this case, the member must provide the Miles & More Service Team with the following documents (such as the original boarding pass and a copy of the passenger receipt or original hotel or car rental invoice). Letters and documents that are sent to the Miles & More Service Team shall be scanned, digitally archived and destroyed after scanning. The right to demand the return of the submitted original letters and documents does not exist.

2.4. Redeeming miles
2.4.1 General provisions for redeeming miles

Members may redeem their award miles for awards as soon as thei r mileage account has a suffi cient balance. Prerequisite is the availability of the award in accordance with Section 2.4.6.
Award offers and the respectively required number of award miles will be announced in the respective current Miles & More communication media. Status miles and HON Circle miles cannot be redeemed for awards. Select miles entitle the member to acquire various benefi ts within the context of a frequent fl yer status. The necessary number of Select miles and other provisions for redeeming Select miles will be announced in the respective current Miles & More communication media.
The conversion and payment of miles into cash is not possible.

2.4.2 Flight awards
Flight awards can be obtained for scheduled fl ights operated by eligible Miles & More airline partners as well as for selected charter fl ights. The number of award miles required for this depends on the mileage table currently valid at the time of booking (“fl ight award chart”), which will be published in the current Miles & More communication media. If the departure airport and the fi nal destination are located in different award zones (open jaw fl ight), the respective higher award zone shall apply for the miles redeemed. The award fl ight must be booked when requested. The deadlines for requesting the award fl ight ticket issue depend on the respective airline. The member will be given this deadline at the time of booking the award ticket via the Miles & More Service Team. The General Conditions of Carriage of the operating carrier shall apply except as otherwise specifi ed in the General Terms & Conditions for Miles & More Flight Awards for the fl ight in question claimed as a fl ight award.

2.4.3 Upgrade awards
On scheduled fl ights operated by some eligible Miles & More airline partners, one-way upgrades to the next highest class can be requested as an award per “point-to-point connection” (fl ight segment/leg), provided that a fully paid ticket (see Sections 2.3.2 and 2.3.6) exists. Certain fares, booking classes and group bookings may be excluded from the upgrade. For more details, see the Terms & Conditions of the Miles & More fl ight awards. The conditions of the original tickets remain in effect in the event of an upgrade. The conditions for re-booking upgrade awards can be obtained from the Miles & More Service Team.

2.4.4 Other awards
Other awards, their conditions and the additional possible uses of award miles will be announced separately in the respectively current Miles & More communication media.

2.4.5 Award request
Awards may be requested from the Miles & More Service Team, depending on the respective award, stating the Miles & More card number and PIN. Various awards require advance booking deadlines (such as postal delivery times) which can be found in the Miles & More communication media or which can be obtained from the Miles & More Service Team. An award etix®, where technically possible, may be issued up to one business day prior to departure.

2.4.6 Availability and special conditions for awards
The availability of awards may vary depending on date, season and destination. Individual awards may not be available at certain times. Awards cannot be combined with certain services at reduced rates (in accordance with Section 2.3.6). More information about the availability of awards as well as possible special conditions are available at miles-and- more.com . These will be announced with the corresponding award offers.
Lufthansa or a joint operator have no direct infl uence over the availability and quality of the awards provided by Miles & More partner companies. Neither Lufthansa nor the joint operator of the programme is therefore responsible for the unlimited availability of the services of the Miles & More partner company (such as fl ights, hotel stays, rental cars) and the proper performance of contracts. The Terms & Conditions of the Miles & More partner company shall apply.

2.4.7 Issuance of award documents
If the requested award is available, the Miles & More Service Team will issue award documents (award tickets and/or certifi cates for other awards). Sending award tickets and upgrade award certifi cates as paper documents shall only take place if the standard electronic transmission as etix® or eUpgrade is not possible.
In exceptional cases, award tickets and upgrade awards certifi cates can be requested seven working days before the departure date and can be delivered via express shipping for a service fee after consultation with the Miles & More Service Team. Outside Germany, the time period for the express request differs from the Terms & Conditions specifi ed here.
In the member’s own interest, they should immediately check if the documentation sent is complete and correct as per their request. Award fl ight documents are valid for 12 months after issue.
The validity of other award documents (such as for event, car, hotel and tourism awards) can be found in the Miles & More communication media.

2.4.8 Transferability and trading of award documents
Award documents, especially award tickets, may only be issued to persons for their own use, to persons with which the member is personally connected through a mutual relationship, such as relatives, friends and acquaintances, and may not be exchanged for other awards or cash.
In addition, the sale, exchange, offer for auction or any other transfer of award documents to a third party is prohibited. Also prohibited are negotiations for the purchase or sale of award documents as well as the unauthorized acquisition and the unauthorized use of award documents. Miles & More coupons and eVouchers are considered award documents in the context of this Section 2.4.8.

2.4.9 Return and loss of award documents
Depending on the specifi c award, the return of a fl ight award may incur a service fee. The conditions of return as well the amount of the se rvice fee can be found in the respectively current Miles & More communication media at the time of the return or can be obtained from the Miles & More Service Team.
Stolen or lost award documents can only be replaced upon payment of an appropriate service fee through reissue, provided that the conditions of the specifi c type of award, which can be obtained from the Miles & More Service Team, permit their replacement. Otherwise, the member shall be refunded the award miles less a reasonable service fee, details of which can be obtained from the Miles & More Service Team. A service fee is not applicable if the documents have been lost in the mail en route from Miles & More to the member and the member has submitted a complaint to the Miles & More Service Team about the non-receipt of the documents within 21 days of their request.

2.4.10 Misuse
In the context of these Terms & Conditions, members are liable for misuse if they, by their actions, fulfi ll the provisions of Section 2.1.3 (transfer/trading of miles) or Section 2.4.8. Paragraph 2 (transfer of award documents).

2.4.11 Consequences of misuse
In the event of misuse for which the member is responsible, Lufthansa or a third party authorized by Lufthansa retains the right to terminate or withdraw the award documents, refuse to issue an award or refuse to accept the redemption of an award.
The right to terminate in accordance with Section 3 and the right to assert further claims against the member, including claims for damages, remain unaffected.
If the misuse affects an award ticket for transportation, Lufthansa also reserves the right to recalculate the actual ticket price in euros and to bill the member responsible for misuse in accordance with Section 2.4.8. Award miles already deducted for the award ticket will be credited back to the member’s miles account after a recalculation and after payment in full.
In the event that award miles acquired by the member due to misuse are recalled (see Section 2.1.3), Lufthansa reserves the right to demand compensation for damages instead of the recall of the number of miles required for the award should the mileage account balance prove insuffi cient for the recall of the entire amount of improperly acquired award miles. Lufthansa also retains this right in the event that the mileage account has a negative balance or in other cases of misuse or irregular behaviour by the member.
The member retains the right to prove that no or lesser damage has occurred in all cases.

2.5. Expiration of award miles
If award miles are not redeemed for an award within 36 months of the event (date of fl ight, beginning of hotel stay, time of car rental etc.) from the mileage account, they shall be forfeited by the end of the next quarter, unless otherwise specifi ed in the Miles & More communication media. The date and amount of the lapsed miles shall be indicated separately in the Miles & More account information or in the member’s individual online mileage account at least one quarter before their expiration date.

2.6. Taxes, surcharges and service fees
All additional costs such as fees charged (e.g. airport taxes, security fees), surcharges (e.g. insurance surcharges) and service fees (e.g. rebooking fees) associated with the issue or use of an award shall be borne by the participant and shall be billed via credit card. Information about the amount of taxes, surcharges and any applicable service fees can be obtained from the Miles & More Service Team.

 

3. Breach of terms and conditions, account blocking and contract termination

3.1. Termination, blocking, exclusion from participation in the programme
3.1.1 Proper termination

The member may properly terminate the contractual relationship in writing at any time without notice.
Proper termination by Lufthansa or a joint operator is only possible without stating reasons for doing so with a termination period of four weeks. However, proper termination by a member with frequent fl yer status with Lufthansa or a joint operator, without stating reasons for doing so, is possible by the end of the existing frequent fl yer status at the earliest and with a minimum termination period of four weeks.

3.1.2 Extraordinary termination
Regardless of the member’s frequent fl yer status, extraordinary termination with no termination period may be enforced by Lufthansa or a joint operator for good cause, as well as exclusion from membership in the programme in the future. Good cause is especially present in the event of a culpable serious violation by the member of the Terms & Conditions or General Conditions of Carriage of Lufthansa, a joint operator, a Miles & More partner company or against any other Miles & More programme documents or Miles & More communication media rules specifi ed for Miles & More. The same applies in the event of misuse in accordance with Section 2.4.10 as well as signifi cant misrepresentation or harassing or damaging behaviour towards employees or passengers of Lufthansa, a joint operator or a Miles & More partner company. The same applies if instructions from the respective staff are not followed, particularly on board or in lounges.
Except in the cases of § 323 Paragraph 2 of the German Civil Code (BGB), an exceptional termination is only permitted after the expiry of a certain period or after disregarding a warning.

3.1.3 Blocking and exclusion from membership in the programme
In the cases described in Section 3.1.2, Lufthansa or a joint operator can also unilaterally reject the award of a frequent fl yer status or an existing status without notice, instead of exercising the right to terminate.
In addition, Lufthansa has the right to block the member’s account in the event of the cases described in Section 3.1.2. The power to block also exists in the event of objective suspicions of the existence of good cause, and for a time period necessary in order to properly investigate the circumstances of the case. Member claims due to a block authorized under the provisions listed above do not exist.
Renewed membership in Miles & More is prohibited af ter a termination declared by Lufthansa or a joint operator. These Terms & Conditions shall continue to apply for the conclusion of the relationship following a termination.

3.2. Mileage validity in the event of termination
3.2.1 In the event of proper termination

In the event of proper termination by the member, by Lufthansa or a joint operator, the award miles shall remain valid for a period of 12 months after receipt of termination, unless the miles are protected from expiration due to an existing frequent fl yer status or an earlier expiry occurs pursuant to Section 2.5.
In the event that the member has over 500,000 award miles at the time of receipt of termination, the award miles shall remain valid for a period of 36 months after receipt of termination, unless the miles are not protected from expiration due to an existing frequent fl yer status or an earlier expiry occurs pursuant to Section 2.5.

3.2.2 In the event of extraordinary termination
In case of a justifi ed immediate extraordinary termination by Lufthansa or a joint operator, the award miles shall remain valid for a period of 6 months after receipt of termination, unless an earlier expiry occurs pursuant to Section 2.5.

3.3. Programme termination
Lufthansa reserves the right to discontinue Miles & More at any time and to properly terminate the membership contracts. Sections 3.1 and 3.2 shall apply accordingly to such terminations. The same applies in the event that Miles & More is replaced by another programme. In this case, the member also has the right to terminate in accordance with Section 3.1. The same applies if the operator of Miles & More should change. Section 3.2 applies in both cases.

 

4. Other

4.1. Liability
For damages incurred by members in connection with their membership through Lufthansa, a joint operator or the respective personnel, the following applies: Liability is unlimited in the case of intent or gross negligence as well as with the existence of a guarantee. In cases of slight negligence, liability in the event of injury to life, body or health shall also be unlimited. In the event of a slightly negligent breach of essential contractual obligations, liability is limited to the resultant property damage and fi nancial loss in the amount of the foreseeable, typically occurring damage. A principal contractual obligation is the obligation that must be satisfi ed in order to execute the Agreement properly and on the compliance upon which the Agreement regularly does and can rely.
Any further liability for damages is excluded - with the exception of claims under the Product Liability Act.

4.2. Privacy Policy
Personal data connecting to membership in the programme will be processed and used for purposes that serve the implementation of the program.
If the residence of the member is in the home market of a joint operator, the personal data of the member will also be forwarded to the appropriate company. The same shall apply for a fl ight with one of the aforementioned companies. The program data shall be transmitted to the extent that fl ights operated by the respective airline are affected. As part of the member’s consent, this data can be analysed and used by a joint operator of the program for the purposes stated in the Privacy Policy. More information about our Privacy Policy can be found in the separate Miles & More Privacy Statement. This statement is available on the Miles & More website and can be obtained by sending an e-mail request to the Lufthansa Group Data Protection Offi cer (CGNDSB@DLH.DE).
The Privacy Statement also includes details about the Declaration of Consent and the data subject’s right of objection.

4.3. Loss, theft

Loss, theft of or damage to the Miles & More card must be reported to the Miles & More Service Team immediately. This will permit the issuance of a new card.

4.4. Modifi cations to the program or the Terms & Conditions
Miles & More reserves the right to make any changes or additions to the Terms & Conditions, the awards, the fl ight award chart or other processes described in the programme documents for Miles & More, provided that the member is not thereby disadvantaged in bad faith. Claims for damages by members against Lufthansa for legally required country-specifi c changes are excluded.
Changes or additions to the awards, the fl ight award chart or other processes for Miles & More described in the programme documents processes will be published in the Miles & More communication media.
Changes or additions to these Terms & Conditions will be published in writing. The changes or additions to the Terms & Conditions shall be deemed approved if a member does not submit an objection in writing within two months of publication. We commit ourselves to place special emphasis on this/these resulting change(s) at publication. If a member rejects the change or addition, their membership can be terminated in accordance with Section 3.1 of the Terms & Conditions via proper termination.

4.5. Law, place of jurisdiction
This agreement is exclusively covered by German law. If the member has no general jurisdiction in Germany, the jurisdiction is Frankfurt am Main, Federal Republic of Germany. In addition, legal action may also be taken against a participant at their general place of jurisdiction or at any other place at which a legal responsibility exists.
Incurred court and attorney costs at the statutory rate – or at an appropriate level, provided that no statutory amount is prescribed – that serve a legal defense shall be borne by the unsuccessful party in a fi nal judgment. If any action, suit, or proceeding is necessary to enforce or interpret these Terms & Conditions, the prevailing party shall be entitled to recover its costs, expenses and attorneys’ fees in addition to any other remedy it may have.

 

As of 07/2014