Flying Blue+ Terms & Conditions

1. Access to Flying Blue+ Payment Method

1.1 Flying Blue+ Payment method

The Flying Blue+ Payment Method (“Payment Method”) is a merchant payment method available to members of the Flying Blue Loyalty Program (“Flying Blue Program”) operated by (1) Koninklijke Luchtvaart Maatschappij N.V., having its registered office at Amsterdamseweg 55, 1182 GP Amstelveen, the Netherlands (hereinafter “KLM”) and (2)Société Air France, a French “société anonyme” with a capital of 126,748,775 Euros, registered at Bobigny under N° 420 495 178, having its head office at 45 Rue de Paris, 95747 Roissy Charles de Gaulle, France (hereinafter “Air France”).

The Payment Method is operated by Pointspay Management FZCO, whose registered address is Dubai Airport Freezone Authority, PO Box 293805, Dubai United Arab Emirates (“Pointspay Management”, “we”, “our”). The Payment Method allows members of the Flying Blue Program to pay merchants who are affiliated with Flying Blue+ and/or who accept the Payment Method on their websites (”Merchants”) for goods or services with Flying Blue Miles ( “Miles”), card payment or a combination of Miles and card payment. Members of the Flying Blue Program will, in addition, earn Miles from the Flying Blue Program when they pay Merchants using a card payment.

The use of the Payment Method is exclusively for Flying Blue Program members who are able to enter into legally binding agreements under applicable law (“you”). The terms and conditions for the use of the Payment Method are set out herein (“Terms”).

1.2 Acceptance of Flying Blue+ Payment Method Terms

By logging in and subsequently using the Payment Method or by using the Payment Method website (“Site”) to make transactions, specifically by clicking on "I AGREE" or similar buttons, you expressly indicate your acknowledgment and acceptance of the Terms and your acknowledgment of the Flying Blue+ Payment Method Privacy Notice (“Privacy Notice”).

1.3 Relationship between you and Merchants

Every time you make a purchase, reservation or other transaction using the Payment Method (“Transactions”), you enter into an agreement directly with the respective Merchant who is responsible for the fulfilment of your purchase, reservation or other transaction. You agree and acknowledge that separate terms and conditions of the relevant Merchant will apply to any Transactions. KLM, Air France and Pointspay Management will not be party to a contract for a Transaction between you and the Merchant. Likewise, Pointspay Management will not be party to your contracts with KLM nor Air France. You agree and acknowledge that (i) Pointspay Management will have no obligations to you under your contracts with Merchants or with KLM or Air France and (ii) KLM or Air France will have no obligations to you under your contracts with Merchants or (if any) with Pointspay Management.

2. Use of Flying Blue+

You may only use the Payment Method to make non-commercial, lawful Transactions. You must not use it for any other purposes, including any speculative, false or fraudulent Transaction. Each Flying Blue+ user is responsible to use Flying Blue+ subject to his/her authorization by KLM or Air France to redeem or accrue Miles or a specific online shopping platform.

Due to local laws and regulations, KLM, Air France and Pointspay Management reserve the right to exclude you from making transactions using the Payment Method if you are from certain jurisdictions. By making Transactions, you confirm that you are not breaching any laws in your country of residence regarding the legality of such use. KLM, Air France and Pointspay Management will not be held responsible (i) for excluding you from using the Payment Method if you are from certain jurisdictions and/or (ii) if you use the Payment Method unlawfully. If in any doubt you should check with the relevant authorities in your country of residence.

3. Miles Redemption

3.1 General

When making Transactions, you can pay Merchants with Miles, card payment or, a combination of Miles and card payment.

KLM, Air France and/or the Merchant may have restrictions on, including other elements, whether this Miles redemption feature is enabled, the minimum number of Miles that may be redeemed in a Transaction, if a card payment may be used and/or the permitted card payment proportion of a Transaction.

3.2 Payment with Miles

Provided that you have sufficient Miles available in your Flying Blue Program account at the time of Transaction, you can make Transactions for such number of Miles as indicated to you within the Payment Method once you have chosen your product on the Merchant’s website and then have selected the Payment Method as your payment option. Miles that are not yet accrued and credited to your Flying Blue account at the time you place the purchase order are not available for Transactions. Should you not have sufficient Miles available in your Flying Blue Program account at the time of the Transaction, or should you prefer to pay only part in Miles, provided that the relevant Merchant and KLM or Air France permit you to, you may pay the difference in cash (by debit card or credit card) in accordance with and subject to these Terms. Miles are deducted from your Flying Blue+ account as soon as an item is purchased.

3.3 Payment by Debit or Credit Card

When redeeming Miles towards a Transaction, if permitted by KLM or Air France and the relevant Merchant, you may pay all or part of the price by debit card or credit card. The Payment Method uses a secure credit card internet gateway service (with, for example 3D Secure). The communication with the payment gateway happens via https. The amount of the Transaction paid for using a debit or credit card will be collected by Pointspay AG on behalf of the Merchant.

3.4 Conversion Ratio

The number of Miles necessary for a Transaction is determined by KLM or Air France and Pointspay Management. KLM or Air France have the right, at any time and at its sole discretion, to change the number of Miles necessary to make a Transaction.

3.5 No Conversion into Cash

The conversion of Miles into a cash amount and the payment of such cash amount to you or any similar transactions are not possible, not even in case of returns.

3.6 Reclaim of Miles

Where Miles have not been properly debited from your Flying Blue Program account following a Transaction, the missing Miles can be reclaimed by Pointspay Management from KLM or Air France at any time without notice.

4. Miles Accrual

4.1 General

When making Transactions, you may pay the Merchant using a credit/debit card exclusively or as part of a Miles plus card payment and in turn earn or accrue Miles based on the card payment amount.

4.2 Payment by Debit or Credit Card or other cash payment method

Provided that KLM, Air France and/or Merchant have this feature enabled, Miles may be accrued via the Payment Method when a credit/debit card or other approved cash payment method is used to pay for a Transaction either as part of a Miles plus cash payment or an exclusively cash payment. For payments by credit/debit card, a secure credit card internet gateway service (with, for example 3D Secure) is used. The communication with the payment gateway happens via https. The amount of the Transaction paid for using a credit/debit card or other cash payment method will be collected by Pointspay AG on behalf of the Merchant.

4.3 Accrual of Miles

The number of Miles that you will earn for a given Transaction will be displayed on the Site once you have chosen your product on the Merchant website and then have selected the Payment Method as your payment option. Once the Transaction is completed, Pointspay Management will notify KLM or Air France. It is the responsibility of KLM or Air France to credit the appropriate number of Miles to your Flying Blue Program account. The time it takes for Miles to be credited to your account is not controlled by Pointspay Management.

4.4 Conversion Ratio

The number of Miles that can be accrued for a Transaction is determined by KLM, Air France and Pointspay Management. KLM and Air France have the right, at any time and at their sole discretion, to change the rate at which Miles can be accrued. The conversion ratio of Miles can vary between Merchants and the products being purchased.

4.5 Reclaim of Miles

In the case of refunded items, we may also charge you for the cost of Miles added to your Flying Blue Program account and we reserve the right to deduct such cost from the cash amount due back to you in case of miles deficit.

5. Service Communication

Service communications cannot be opted out of and therefore if you do not wish to receive these communications, you must stop using the Payment Method. Please refer to the Privacy Notice for more information.

6. Customer Service

All questions related to the products and/or services purchased using the Payment Method should be directed to the relevant Merchant, including questions related to shipping, delivery, and refunds. For general questions related to the Payment Method please contact us at: https://www.flyingblue.nl/en/contact-us.

7. Processing of Personal Information

We process personal information as required to operate the Payment Method as explained in our Privacy Notice. By logging in and subsequently using the Payment Method, you consent to the transfer of your information between KLM, Air France and Pointspay Management in order to process your request(s) to pay with Miles, and, where relevant, to accrue Miles in accordance with these Terms. To the extent that data collected through the Payment Method contains personal data, the collection and further processing of such information is governed by the Privacy Notice. In addition, data collected by Merchants will be handled subject to the Merchants’ own privacy notices.

8. Indemnification and Limitation of Liability

When making Transactions, you enter into an agreement with the relevant Merchant. You expressly acknowledge and agree that Merchants are independent contractors and not employees or agents of Pointspay Management. Neither of KLM, Air France or Pointspay Management, shall be liable for the acts, errors, omissions, representations, warranties or negligence of Merchants.

As far as permissible by applicable law and subject to damages caused wilfully or with gross negligence, KLM, Air France and Pointspay Management hereby disclaim any product or other liability, whether based on contract, tort, strict liability or otherwise, including without limitation liability for any direct, punitive, special, consequential, incidental or indirect damages, in connection with items purchased using the Payment Method, including without limitation liability for any act, error, omission, injury, loss, accident, delay or irregularity which may be incurred through the fault, negligent or otherwise, of the relevant Merchant. To the extent permitted by law, KLM, Air France and Pointspay Management exclude all liability to you or other person of whatsoever nature in respect of any service provided, or failure to provide a service, by or on behalf of a Merchant.

Pointspay Management provides no warranty whatsoever, express or implied, and assumes no responsibility to you or any third party, (i) as to the timeliness, accuracy, completeness, availability, merchantability, quality, fitness for any particular purpose and non-infringement of the information and content including any software programs available on or through the Site (collectively “Content”) or that the Content is up to date ; (ii) that the Site will meet your requirements, will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Site will be accurate or reliable; (iv) any errors in the Content available through the Site will be corrected. The Content available on the Site may be updated at any time without notice.

As far as permissible by law, Pointspay Management, its affiliates, and their respective officers, directors, employers and agents exclude any liability, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential, or incidental damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the use of the Site or the Payment Method, or with the delay or inability to use the Site or a linked Site, even if they have been made aware of the possibility of such damages. This limitation of liability includes, but is not limited to, the transmission of any virus which may infect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems, unauthorized access, theft, operator errors, strike or other labour problems or any force majeure. KLM, Air France and Pointspay Management cannot and do not guarantee continuous, uninterrupted or secure access to the Site or to the Payment Method.

9. Legal Remedies

Pointspay Management, Air France and KLM reserve the right to seek all remedies available at law and in equity for any misuse of the Site or the Payment Method and/or violations of these Terms, including the right to block access from a particular internet address and to exclude you from accessing the Payment Method.

10. Copy Rights and Trade Marks

The trademarks, logos, service marks and other content protected by intellectual property law (collectively,” Marks”) displayed on the Site are the property of KLM, Air France and Pointspay Management and/ or of the Merchant, as the case may be. You are prohibited from using any Marks for any purpose including, but not limited to, the use as metatags on other pages or sites on the World Wide Web without the written permission of the owner of the Marks. All Content is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes. You take note that one or more patents may apply to the features and services accessible via the Payment Method, including without limitation: Pointspay Management's U.S. Patent No. 7,698,185 and U.S. Patent No. 8,533,083.

11. Flying Blue+ Terms Updates to these Terms

These Terms may be updated from time to time. Any changes will become effective upon our posting of the updated Terms on the Site. We will provide notice to you if these changes are material and, where required by applicable law, we will obtain your consent. This notice will be provided by email or by posting notice of the changes on the Site.ving zal worden verstrekt per e-mail of door de wijzigingen op de Site te plaatsen.

12. Governing Law

These Terms are governed by the laws of Switzerland. You hereby consent to the exclusive jurisdiction and venue of the courts in Zurich, Switzerland in all disputes arising out of or relating to the use of this Site and/or the Payment Method. As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these, including reference to this governing clause, affects your rights as a consumer to rely on such mandatory provisions of local law.

Last updated: 29th February, 2024