Terms and conditions for the use of Miles & More Online Shopping
Preamble
Miles & More Online Shopping (hereinafter “Miles & More Online Shopping”) is designed to help you find products offered by participating online sales partners or Miles & More partners with online shops (hereinafter “Miles & More partners”) quickly and easily. This is a free service provided by Miles & More GmbH (hereinafter “MMG”) for members of the Miles & More programme (hereinafter “members”). Upon entering a search term, Miles & More partner products are displayed on which members can earn Miles & More award miles (hereinafter “miles”) when purchasing. It is not possible to redeem miles via Miles & More Online Shopping.
1. Scope of the terms and conditions
These terms and conditions for the use of Miles & More Online Shopping apply for the use of Miles & More Online Shopping and the use of services offered on the Miles & More Online Shopping platform. The terms and conditions of use that are available online on Miles & More Online Shopping when the services are actually used shall apply. By using Miles & More Online Shopping and/or the services offered, the Miles & More member declares their full agreement to these general terms and conditions of use. Otherwise, the Miles & More member is not permitted to make use of Miles & More Online Shopping and the services offered therein.
2. Use of Miles & More Online Shopping
Miles & More Online Shopping is a free platform for members. It can be accessed at http://onlineshopping.miles-and-more.com. Miles & More Online Shopping is aimed exclusively at consumers (“users”) who wish to purchase or learn about products or services online for personal use or engagement.
On the websites, users will receive price overviews and sources of supply for the products and services of Miles & More partners. Information research is largely automated and relies heavily on the information received by MMG from the Miles & More partners. The details of the respective Miles & More partners are automatically requested and displayed. There may be deviations in the price, availability and delivery time of products and services in individual cases. Due to the large amount of information to be processed, it is not possible to fully exclude errors, in particular due to incorrect information on the part of the Miles & More partners. For this reason, MMG cannot assume any liability for the accuracy of the information provided.
Purchase contracts or other contracts for products and services displayed on the Miles & More Online Shopping platform are not concluded on the platform. As operators of the online shops or websites linked to the Miles & More Online Shopping platform, the Miles & More partners offer their goods or services to the user in their own name and for their own account. All user purchases and transactions are processed independently by the Miles & More partners. MMG does not represent the respective Miles & More partner in any way. Accordingly, the individual T&Cs of the Miles & More partners (together with their cancellation policy) may apply to these contracts.
The users of Miles & More Online Shopping interested in making a purchase are generally taken from Miles & More Online Shopping directly to the online shops or websites of the Miles & More partner offering the relevant product or service. Before concluding a contract or placing an order, users must check that all the relevant information required to conclude the contract is correct and up to date, using the information provided by the online shops or websites concerned.
The rules concerning mileage credits for the purchase of products and services depend on whether the Miles & More partner is a Miles & More cooperation partner (see Section 2a of these terms and conditions) or an online sales partner (see Section 2b of these terms and conditions).
2a. Miles & More cooperation partner with online shops
If the Miles & More partner is a Miles & More cooperation partner (recognisable by the “Miles & More partner” logo on their website), the terms and conditions of the respective Miles & More cooperation partner shall apply in addition to these general terms and conditions for earning miles. These terms and conditions may differ from one Miles & More cooperation partner to another.
2b. Online sales partner
Online sales partners do not display the “Miles & More partner” logo on their website. In addition to the terms and conditions (e.g. general terms and conditions) of the online sales partner for online shopping, the special requirements for earning miles mentioned on the Miles & More Online Shopping platform may apply also for the respective online sales partner. The rules listed below for the earning of award miles via Miles & More Online Shopping apply in particular.
To earn miles with online sales partners, the following requirements must be met:
- The online shop or product page(s) of the online sales partner must be accessed via the Miles & More Online Shopping platform.
- The user must be a Miles & More programme member.
- The member must provide their Miles & More service card number.
- The purchase must take place during the buying session (“session”) immediately following the purchase.
- The purchase must be made according to the terms and conditions mentioned on the Miles & More Online Shopping platform for earning miles with the respective online sales partner.
- The purchase must be confirmed by the online sales partner in line with their terms and conditions.
Miles will only be credited by MMG upon final confirmation of the purchase by the online sales partner. For a purchase to be confirmed, the order process must not have been interrupted by the customer, for example by visiting another website during the order process or by measures taken by the online sales partner that exclude the tracking required for mileage credits – after the user has already visited its web pages. This tracking may also be interrupted by the entering of Gift Card codes, especially if they are not provided by MMG.
Users will be notified of a successful (online) purchase transaction in their Miles & More member account, with an indication of the subsequent credit balance. They will also be credited with one free award mile, which will only be deducted from their account if they cancel the purchase completely.
No award miles will be credited for cancelled purchases. In the case of partial cancellations, award miles will be credited only for the items that have not been cancelled.
3. Availability of Miles & More Online Shopping
MMG strives to make the Miles & More Online Shopping service available seven days a week, taking into account maintenance and repair work. MMG provides no guarantee that Miles & More Online Shopping will operate securely and in a timely manner without error or interruption at all times. During the performance of maintenance and/or repair work and/or updates, as well as during periods that are beyond the control of MMG, service interruptions may occur.
4. Links to third-party websites and liability
MMG and the Miles & More partners linked with Miles & More Online Shopping operate their online shops and/or websites independently from each other and are solely responsible for their services. MMG therefore accepts no liability for the contents of the linked online shops and/or websites. MMG accepts no liability for ensuring that the goods and services displayed in the database are in fact available at the prices indicated and the conditions set out by the Miles & More partner. Furthermore, MMG accepts no liability for the contents of the online shops and/or websites of the Miles & More partners and their technical features.
MMG is not liable for damage that falls outside its own area of responsibility, for example to internet access, telephone lines, servers and other third-party facilities.
MMG is not liable for legal infringements, data loss, access errors and other damage incurred by users or third parties that can be attributed to the conduct of users on the Miles & More Online Shopping platform.
MMG is not liable for damage that is attributable to system faults, force majeure or external influences. External influences refer in particular to the unauthorised access of hackers and other third parties.
In all other respects, MMG is liable to the user without limitation in cases of intent and gross negligence and where a guarantee has been provided. Liability in the event of injury to life, physical injury or injury to health is also unlimited in cases of slight negligence. In the event of a minor negligent breach of material contractual obligations, liability shall be limited to the property damage and financial loss attributable to this in the amount of the foreseeable loss or damage as it typically occurs. A fundamental contractual obligation is an obligation that must be complied with in order to properly perform the contract and that the member can assume will be complied with under normal circumstances. Any further liability for compensation is excluded, except for claims under the German Product Liability Act (Produkthaftungsgesetz).
5. Data protection
Further information on the topic of data protection can be found in the separate privacy policy of Miles & More. This can be found on the Miles & More website and can also be requested by sending an email to the Lufthansa Group data protection officer (datenschutz@milesandmore.com).
Should MMG need to investigate user enquiries, the user will be asked to provide customer data or purchase data. Such data includes the name of the online shop used for the purchase, the date of purchase, product, price or order/purchase order number, as well as the name, address and contact details of the user. As part of these user enquiries and based on statutory provisions, MMG reserves the right to forward the above data to the Miles & More partner or intermediary service provider(s) too, exclusively for the purpose of the investigation.
As at February 2017