Vanilla Air Point – Terms of Service
The Vanilla Air Point Terms of Service ("TOS") set out the conditions regarding the admission to/withdrawal from the point program of Vanilla Air Inc. ("the Company"), the acquisition and use of points, and other matters. These TOS are effective from August 22, 2017. However, the acquisition and use of points shall be effective from the date specified separately by the Company.
The English version of the terms shall be the official text for members who registered on any of the available non-Japanese-language versions of the website.
Chapter 1 General Provisions (General Terms)
Article 1 Definitions
"this program": the members-only program that allows for the acquisition and use of points when using the Company's services, under the conditions defined by the Company.
"member": an individual customer who has applied to join this program and who has been admitted by the Company.
"member ID": 10-digit number issued to members.
"points": points that members can acquire when using applicable services and under any other special conditions defined by the Company. Points that have been acquired under special conditions may be subject to restrictions on use.
"points account": account where acquired points are accumulated.
Article 2 Admission to the Program
Article 3 Membership Eligibility
1. Membership will be effective at the point at which the Company, after having received and reviewed the membership application, has opened a points account for the member. Members will be issued with a member ID at the same time that their membership becomes effective.
2. The member ID can only be used by the member him- or herself. Members shall store their member IDs with the care of a good manager. Member IDs and accumulated points cannot be transferred (except when following Company-defined procedures), sold, lent to, or inherited by, a third party, nor can they be provided as collateral.
3. Members must set their own passwords on the membership administration screen. A password is required to confirm identity when using various services including application for use. You should set a password that cannot be easily guessed by others, and always make sure to keep passwords to yourself and do not disclose them to others. The Company shall under no circumstances be held liable for the fraudulent acquisition of points resulting from identity theft by others using passwords. Furthermore, we recommend that members regularly change their password at their own responsibility.
4. Members have one points account per person. Members may not engage in double registration of points in multiple accounts.
5. Membership is limited to persons aged at least 2 years old. Only the registered member shall perform procedures relating to accumulating points into the member's points account, checking the account balance or applying to use points. The Company shall verify the member's identity in these situations. If the member is a child (aged 2-11), their parent or other legal representative may perform procedures relating to accumulating points into a points account or checking the account balance on their behalf. However, the child's parent or legal representative may not perform procedures relating to the use of the child's points until the date specified separately by the Company.
Chapter 2 Acquisition of Points
Article 4 Acquisition Method
1. Points can be acquired starting from the amount collected on the day you become a member.
2. Points can be acquired by actually traveling on the flight segment booked via the Company's website, reservations center or airport counter, for which the fare has been paid and tickets issued, in relation to the amount paid (excluding payment charges, taxes and insurance fees) per individual member. Bookings and purchasing methods for which points can be acquired are limited to those listed above (points cannot be acquired when bookings or purchases are made through a travel agent).
3. Members can acquire points through methods specified for this program by the Company. The acquisition unit for points, conversion rates for various currencies, applicable services and other point acquisition conditions shall be as specified separately by the Company. Furthermore, the Company may revise the conditions for point acquisition at any time.
4. The acquisition of points is not connected to the number of purchased seats, but is approved in relation to the amount paid for one seat per member, per flight segment.
5. Points acquired by a single member are accumulated in a single points account, and shall not be accumulated in any other points accounts.
6. It will take up to a few days after the date of boarding for points to be registered in the points account.
7. If points are not automatically registered in the points account, members may claim the points in a manner specified by the Company (claims must be made not earlier than seven days from the date of boarding, and within 90 days).
8. In the event of an objection regarding points acquisition, members must register their objection with the Company within 90 days of the actual boarding date. Documentation providing evidence of the booking (including boarding pass itinerary/receipt for the flight segment the member claims to have boarded) must be submitted when registering an objection.
9. Points cannot be acquired for traveling infants (under 2 years old). Points cannot be acquired even when a seat has been purchased for an infant.
Article 5 Expiration Date
Points are valid for 24 months, counting from the date of boarding the flight from which the points were collected. The Company shall under no circumstances be held liable for any points becoming invalid, whatever the reason may be.
Chapter 3 Use of Points
Article 6 Users
1. Only the member him- or herself can apply to use points; no-one else can apply. Members shall only be able to apply for points usage through the Company's website (application via the Company's reservations center, airport counter or travel agent is not possible).
2. Any requirements will be communicated to the member through the email address registered with this program. If there is a change in the email address or in any other of the registered personal information, the member must perform the procedures to change these in a manner specified separately by the Company. The Company shall under no circumstances be held liable for any detrimental effect on the member including failure for requirement communications to be delivered, failure for points to be acquired or delays in points acquisition, which are caused by the member not having performed these procedures to change personal information.
Article 7 Usage Method
1. Members who have undergone the prescribed identity confirmation can use points. Points usage amounts, usage units, conversion rates for various currencies, applicable services and other point usage conditions shall be as specified separately by the Company.
2. Points can be used up to the balance of points registered in the points account immediately prior to usage.
Article 8 Usage Restrictions
1. Even when booking multiple seats, only the points of the person making the booking (the representative) can be used. Separate maximum limits may apply to points usage for one single booking. Furthermore, points can only be used for new bookings.
2. Points cannot be used to pay for payment charges, taxes and insurance fees.
3. Points may not be usable depending on the payment method at the time of the booking.
4. Ensure that points are used before the expiration date.
5. Before use, make sure to check regarding any other restrictions or conditions.
Article 9 Refunds
Once points have been used, their usage cannot be canceled, nor can we comply with requests for point refunds. If a booked flight that was purchased using points was not used or if a booked flight was canceled due to the customer's circumstances, the used points cannot be refunded into the member's points account. Furthermore, the Company shall under no circumstances be held liable for compensating members for points that they were unable to use.
However, this restriction does not apply if the Company cancels a flight, or if, for no justifiable reason, a flight could not be operated according to schedule, beyond what is considered to be reasonable.
Chapter 4 Handling of Personal Information
Article 10 Purpose of Use of Personal Information
1. Members' personal information is collected and used for the following purposes.
(1) Bookings, airline ticket sales, check-in, airport handling, in-flight services in relation to air transport services.
(2) Bookings, airline ticket sales, check-in, and airport handling in relation to joint carrier flights, code sharing, successive carriers, and subcontracted carrier flights.
(3) Provision of services as part of this program.
(4) Information provision on, offering and management of other services handled by the Company.
(5) Any business supplementary to or connected with (1)-(4) above.
(6) Conducting surveys relating to the Company's services, products, etc.
(7) Development of new services and products.
(8) Information provision on, operation and management of various events and campaigns and provision of various other information.
(9) Communication relating to services and products offered by the Company.
(10) Information provision on, operation and management of services and products, various events and campaigns, and provision of various other information, handled by group companies and partners of the Company.
(11) Responding to queries and requests, etc.
2. If a person or a member wishing to apply for membership declines to enter the information required for membership application, or if they do not consent to the handling of personal information as specified in this Chapter, the Company may refuse membership or perform procedures to withdraw membership.
3. When an application for membership has been made but this has not been approved by the Company, the fact of application will be used for a certain period in accordance with the provisions of paragraph 1 of the present article, regardless of the reason for membership refusal, but will not be used for anything else.
Article 11 Proper Management
In operating this program, the Company regards the personal information provided by members as important data, will handle the data with the utmost care and place strict controls on this data. The necessary systems will be put in place, including establishing internal policies and building organizational frameworks, in order to manage this data appropriately and securely.
Article 12 Outsourcing
The Company may outsource part of the work relating to this program, and provide outsources with personal information to the extent necessary.
Article 13 Disclosure, Correction, Deletion, Addition, Usage Termination, and Erasure under the Act on the Protection of Personal Information.
Requests made in the specified manner by the member him- or herself to disclose, correct, delete or add data, or terminate usage of or erase personal data held by the member, will be handled within a reasonable time-frame upon confirmation that the person filing the request is the member him- or herself. Furthermore, the member's personal information can be easily checked on the Company's website.
Article 14 Requirement for Notification of Changes in Personal Information
Any changes to personal information registered by a member must be made via the membership administration screen on the Company's website or through the reservations center.
Chapter 5 Termination of Membership
Article 16 Withdrawal Procedures
Members can withdraw from this program by performing the withdrawal procedures via the membership administration screen on the Company's website. Withdrawal from this program is effective from the point of completion of the withdrawal procedures.
Article 17 Lapse of Membership
If no points are acquired or there is no usage record in a two-year period, membership may be revoked.
Article 18 Cancellation of Membership / Termination of Points Usage, etc.
1. In the event of improper acquisition or improper use of points, or breach of these TOS or the procedures therein, of false notice or any other improper act, if Article 10, paragraph 2 applies or if any other act is engaged in that seriously compromises the relationship of trust with the Company, membership may be revoked, accumulated points may be forfeited and their return may be requested. Further participation in or rejoining of this program may also be denied.
2. If the member dies, their membership status and points shall be invalidated.
Article 19 Handling of Points of Members who have Withdrawn Membership
The points of members who have withdrawn membership or whose membership status is no longer valid may not be used for any of the Company's services.
Chapter 6 Other Matters
Article 20 Measures against Fraud
In the event of improper acquisition or improper use of points, or breach of these TOS or the procedures therein, of false notice or any other improper act, in addition to the measures specified in Article 18, legal action may be taken as required, including claims for damages (including legal fees and court costs). If any improper use is discovered, the member or traveler will be required to pay the amount equivalent to the points payment (provided, however, that if this does not cover the damage incurred by the Company, the Company reserves the right to claim damages).
Article 21 Program Suspension
The Company shall be able to temporarily suspend the program, partially or in its entirety, for any of the reasons outlined below, without prior notice to the member. The Company shall not be held liable, under any circumstances, for any damage caused on such occasions to members.
(1) When this program cannot be provided due to breakdown or malfunction of servers, telecommunication lines or other equipment, or due to other reasons.
(2) When routine or emergency work is performed on the system (including servers, telecommunication lines and power supply, buildings housing these, etc.) including maintenance, inspection, repairs and alterations.
(3) When this program cannot be provided due to fire, power outage, etc.
(4) When this program cannot be provided due to natural disaster including earthquake, volcanic eruption, flood, tsunami, etc.
(5) When this program cannot be provided due to war, uprising, riot, civil disturbance, industrial dispute or other force majeure circumstances.
(6) When this program cannot be provided due to legislation or measures based on this legislation.
(7) When suspicion of improper use of this program has arisen.
(8) When the Company has found it necessary to temporarily suspend this program due to other operational or technical reasons.
Article 22 Notification of Termination
1. The Company shall be able to terminate this program at any time. Upon termination of this program, unused points of members shall be canceled, except in the cases specified separately by the Company.
2. When terminating this program, the Company will inform members three months in advance in the manner specified by the Company.
Article 23 Program Changes
The provisions of this program and the various conditions including the number of acquired points, point acquisition conditions, and point usage conditions are subject to change without prior notice, regardless of any impact on the value of points that have already been acquired.
Article 24 Revision of Confirmations and Understandings
Where confirmations and understandings including provisions in any printed matter and notifications issued by the Company differ from the content on the Company's website, the content on the Company's website shall take precedence. Past confirmations and understandings that differ from confirmations and understandings in the most recent printed matter, will be regarded as having been changed to the content in the most recent printed matter.
Article 25 Campaigns for Specified Members
Campaign points and other campaign benefits may be offered to specified members only, depending on the number of accumulated points, place of residence or other program participation conditions.
Article 26 Right to Send Advertising and Publicity Emails, etc.
The Company reserves the right to send members campaign and other publicity materials by email. Members can decline such communications via the membership administration screen on the Company's website.
Article 27 Governing Law and Court Jurisdiction
These Terms shall be governed and construed under the laws of Japan, and the Tokyo District Court shall have exclusive primary jurisdiction with respect to all disputes arising between a member and The Company.