Scandinavian Airlines (SAS) Regulations of the SAS Credits Program

Scandinavian Airlines (SAS) Regulations of the SAS Credits Program 1

1. Part One. Regulations of the SAS Credits Program.... 3 1.1 The Content and Scope of the Regulations.... 3 1.2 General Information About the SAS Credits Program... 3 1.3 Collecting and Validity of the SAS Credits Points.. 3 1.4 Balance on the SAS Credits Account..... 3 1.5 CMP Code and Password....... 3 1.6 Redeeming the SAS Credits Points. 3 1.7 Ticket Refund and Rebooking Rules... 3 1.8 CMP Code Validity Rules...... 4 1.9 Approval of the Conditions of Carriage.... 4 1.10 Priority of Interpretation and Information About the User... 4 1.11 Limitation of Responsibility.. 4 1.12 Information: Corporate and Personal Data, etc... 4 1.13 SAS's Obligations..... 4 1.14 Participant s Obligations...... 5 1.15 Mutual Obligations and Notification... 5 1.16 Specific Information About CAP, the SAS Corporate Site.. 5 1.17 Term and Termination of the Program.. 5 1.18 Confidentiality and the Use of Personal Data...... 5 1.19 Amendments and Supplements..... 6 1.20 Other Conditions... 6 1.21 Definitions... 6 2. Part Two. The Scope of the Programme...6 2

1. Part One. Regulations of the SAS Credits Program The SAS Credits Program, hereinafter referred to as the Program, is organised by the Permanent Representative Office of the Scandinavian Airlines System Denmark Norway Sweden SAS in Lithuania, identification code LT100002163513, address Rodunios Road 2 (Vilnius International Airport), LT-02188 Vilnius, Lithuania, hereinafter referred to as SAS. Participants of the SAS Credits Program are companies and organisations operating as legal entities which have an office registered in Lithuania and use the air passenger transport services provided by SAS. Such company or organisation is hereinafter referred to as the Participant. 1.1 The Content and Scope of the Regulations These Regulations govern the terms and principles under which the Participants earn and use SAS Credits for travel with the air carriers of the SAS Group set forth in Part 2 below. The calculation of the SAS Credits is based on the net fare of travel completed within the SAS Group, i. e. the fare excluding all fees and taxes. 1.2 General Information About the SAS Credits Program The SAS Credits Program enables the Participant to earn credits (points) for travel within the SAS Group. See Part 2, Tables 1 and 2. Only the Participants who do not participate in other incentive and discount SAS programmes on the basis of a separate agreement, are entitled to participate in the Programme. The Participant will be allocated a CMP code that must be always indicated at the time of booking in order to earn SAS Credits. Tickets must be booked via the authorized IATA travel agency. The Participant s CMP code must also be used to redeem SAS Credits. 1.3 Collecting and Validity of the SAS Credits Points SAS registers credits (points) earned by the Participant on the basis of CMP code provided during the reservation. Credits are allocated for travel within the SAS Group. Credits can not be registered retrospectively. Carriers of the SAS Group are listed in the Table 2 of the Part 2 of these Regulations. In the event of payment in SAS credits for a travel, booking must be made at least 72 hours (or three workdays) prior to the departure. Credits shall not be allocated to the Participant for booking an already discounted flight or a travel booked under Participant s other incentive agreement with SAS. CMP code should only be used if the travel is paid by the Participant. The amount of credits (points) earned by the Participant is based on the net fare of travel completed within the SAS Group, i. e. the fare excluding all fees and taxes: 6% for travel in the Business class, 4% for travel in the Economy Extra, and 2% for travel in the Economy. The relation between the service and booking classes is shown in Table 1. Credits will be earned by the Participant only for business travel, i.e. the travel which is paid for by the Participant. No credits can be earned for private travel. The CMP code may not be used for the Participant employee s or contractor s private travel. Credits are valid for three years from the day they are earned. The credits earned cannot be exchanged for their cash equivalent. 1.4 Balance on the SAS Credits Account The Participant may use its individual account by logging trhough the SAS Corporate Site. A special password and other data is required during the login. SAS will provide this access data to an authorised representative of the Participant at the time of registration to the SAS Credits Program. 1.5 CMP Code and Password Within 5 working days after registering in the Program, SAS will provide the Participant with a CMP code and password for logging on the SAS Corporate Site. The Participant takes an obligation to ensure that all users of the CMP code: keep the CMP code and password secure and do not disclose them to a third party; provide the CMP code when redeeming SAS Credits; immediately notify SAS of any suspicion that the CMP code is being used by an unauthorised party; comply with the provisions of these Regulations. The Participant takes an obligation to: reimburse SAS for improper use of the CMP code as a result of the Participant s failure to observe the respective conditions; cover the difference when redeeming the SAS Credit for air transport services the value of which exceeds the number of Credits held; accept the responsibility that all the Users authorised by the Participant read and understand these conditions. 1.6 Redeeming the SAS Credits Points The Participant can use earned credits (points) to putrchase tickets with the SAS Group (see Part 2 of these Regulations). The CMP code and the Participant s SAS Credit balance must be stated at the time of booking. Tickets paid in SAS credits must be purchased via an authorized IATA travel agency. The Participant can start using credits as soon as at least 300 credits have been earned. 1.7 Ticket Refund and Rebooking Rules The following rules apply for refund and rebooking of an unused ticket that has been paid in SAS Credits: Travel that has been booked and paid for using SAS Credits can be refunded in accordance with the rules of the tariff applied when selling the travel. In the event of a permitted refund, the redeemed Credits will be re-credited to the Participant s account. 3

Tickets may be rebooked in accordance with rules of the tariff applied when selling the travel. SAS Credits cannot be used for any rebooking fee. 1.8 CMP Code Validity Rules SAS may declare a CMP code to be invalid with immediate effect and inhibit the registration and booking function in the event of: a CMP code is misused or used in contravention with the provisions of these Regulations; failure to pay or other failure to perform an obligation on the part of the Participant; record of payment default, insolvency or commencement of bankruptcy on the part of the Participant. 1.9 Approval of the Conditions of Carriage By using the CMP code, the Participant accepts that all travel with SAS is subject to SAS General Conditions of Carriage and these Regulations. 1.10 Priority of Interpretation and Information About the User If the User and the Participant hold different opinions, the Participant s view will normally apply in the first instance. The Participant undertakes an obligation to ensure that it is always informad, in each individual case, about the persons using the CMP code without the consent and approval of the User. 1.11 Limitation of Responsibility SAS's obligations regarding this Program and the use of information provided by the Participant is limited to the provisions of these Regulations. SAS will register the name and other data of the Participant s contact person. By entering the Program on behalf of the Participant, the Participant's contact person consents to SAS and SAS's cooperating partners sending marketing materials by e-mail to the Participant s contact email address provided and also to the contact person's contact details being passed on to these cooperating partners for this purpose, provided the Participant or contact person does not prohibit the sending of such materials in advance. SAS's cooperating partners include hotels, car rental firms, credit card companies and other airlines. 1.12 Information: Corporate and Personal Data, etc. By entering the Program, the Participant undertakes to ensure that the User will the provisions of these Regulations and will consent to receiving information about special offers. The Participant undertakes to ensure that the User will be informed about and consents to SAS processing the User's personal data for the purpose of being able to administer SAS Credits, for instance, checking and executing orders and travel made by using the CMP code and for marketing purposes. By using the CMP code, the User consents to SAS registering and processing personal data about the User and the User's travel in accordance with applicable laws and regulations. Registered personal data may also be disclosed to SAS's cooperating partners for the purpose of coordinating offers and activities. By entering this Program, the Participant consents to corporate information being disclosed to SAS partners for marketing purposes. Scandinavian Airlines (SAS) is the legal entity that is the Administrator of personal data for the programme according to the Personal Data Act. The User has the rights specified in Articles 32-35 of the Personal Data Act, in particular the right to obtain information about he personal data that SAS has registered concerning the User, the scope of data processing as well as the right to make a request to cease processing the data by presenting a written and personally signed request regarding this to: Scandinavian Airlines System (SAS) Rodunios Road 2 Vilnius International Airport LT-02188 Vilnius Lithuania With a note SAS Credits 1.13 SAS's Obligations SAS will award SAS Credits to the Participant during the Term of the Program. SAS Credits will be converted in relation to the Value of the travel completed with SAS. SAS Credits includes travel with airlines from the SAS Group that has been completed during the term of the Program, subject to the precondition that such travel: has been completed by the User in accordance with these Regulations; and a valid CMP code has been indicated and registered during the booking. SAS shall provide the Participant with a monthly supply of the Value of the tickets used, which will be available via the SAS Corporate Site. SAS's responsibility regarding erroneous or inadequate calculations of SAS Credits is limited to rectifying the error. SAS is released from all further liability in relation to the Participant, unless otherwise expressly stated in these Regulations. SAS is not liable to the Participant or the User for any indirect costs or consequential damages. 4

1.14 Participant s Obligations It is the responsibility of the Participant to ensure that each User is made aware of the Participant s CMP code and that this code must be indicated at booking when travelling with SAS Group airlines for calculating SAS credits. The Participant must ensure that the travel agents engaged are informed about the need to register a valid CMP code so that the net fare can be calculated correctly. The net fare of the flight completed will only be credited to the Participant if a valid CMP code is indicated when a booking is made via a travel agent and is registered in the passenger name reservation. The Participant may not allow anyone other than the User to use the CMP code provided. It is the Participant s responsibility to ensure that the provided CMP code is disclosed only to authorised persons. The Participant is responsible in relation to SAS for every misuse of a provided CMP code. If the Participant becomes aware that a CMP code provided to the Participant has been used by a User in violation of these Regulations or by someone other than the User or if the Participant has reasonable cause to assume this, the Participant shall immediately notify this to the contact persons specified by SAS in accordance with the clause 'Mutual obligations/notifications' below. The Participant shall hold SAS harmless and compensate SAS for all of the costs that SAS incurs owing to the Participant or User breaching the conditions of these Regulations. 1.15 Mutual Obligations and Notification Notifications under this Program shall be delivered by messenger, registered letter or e-mail to the addresses stated below or such address that is notified in accordance with the provisions of these Regulations. The communications shall be deemed to have been received by the recipient: if sent by messenger upon being handed over against a receipt; if dispatched by registered letter on the fifth day after submission for postal conveyance; if sent by e-mail upon dispatch. Any change of address shall be notified in the manner prescribed by this clause. Mailing address: SASCreditsLithuania@sas.dk (workdays, from 10 a.m to 4 p.m.). 1.16 Specific Information About CAP, the SAS Corporate Site In order to gain access to CAP (as defined below), the Participant shall notify SAS of the name, telephone and fax number as well as the e-mail address of one of the contact persons appointed by the Participant as indicated in the contact details. Following approval, SAS shall provide Super Users with a password to access CAP via the Internet. Super Users must change this password to their own, unique password immediately following receipt. This password cannot subsequently be recreated by SAS, and the Participant is exclusively responsible for the password being kept safely and not being misused in any way. SAS is not liable to provide any other service, equipment or assistive aid (whether hardware or software) to access CAP besides the above-mentioned password. SAS is entitled to immediately discontinue the Participant's access to CAP if this has been misused in any way. Through CAP, the Participant has, via its contact person, the possibility of: o allowing more people access to CAP, o accessing the SAS Credits account. SAS intends CAP to be accessible 24 hours a day, seven days per week, though its operation is not monitored outside normal office hours. 1.17 Term and Termination of the Program The Participant enters the Program at the time of receipt from SAS of the confirmation of receipt of the Participant s application/registration and of providing the CMP code, which shall take place not later than within 5 working days from the date of submitting the application/registration by the Participant. The Program applies between SAS and the Participant according to the provisions of these Regulations from the moment when the Participant applied for the Program/registered and SAS confirmed it via e- email until further notice. SAS reserves the right to stop executing the Program with immediate effect in relation to the Participants violating the provisions of these Regulations. SAS reserves the right to terminate the Program at any time, for convenience, upon providing a 6-month termination notice. In the event of termination of the Program upon providing a 6-month termination notice, the Participant is entitled to be credited for the SAS Credits earned in relation to the realized Values of the travel made at the time of receipt of the Program termination notice. SAS may terminate the Program with immediate effect, if the Participant fails to meet any obligations hereunder or if the Participant is put into bankruptcy, enters into liquidation, or if the Participant's business operations cease. For the avoidance of doubt, SAS may always terminate the Program with immediate effect if the Participant knowingly has allowed the User to use a CMP code for private use or allowed someone other than the User to use the CMP code in contravention of these Regulations or if SAS has reasonable cause to believe that such misuse has occurred with the knowledge of the Participant or that the Participant should have been aware of the same. In such a case, the Participant s right to SAS Credits in relation to the applicable Purchase Value shall be deemed to have been forfeited. Either Party is entitled to terminate the Program with immediate effect if the Program is found to completely or partly violate applicable competition laws. The Participants are not entitled to claim any damages if the Program execution is found to violate applicable competition laws. 1.18 Confidentiality and the Use of Personal Data Both SAS and the Participant may disclose information to a third party regarding the execution of this Program, including the CMP codes provided, this must always be preceded by the written consent of the other Party, except as regards the disclosure requirements that apply under the clause 'The Participant's obligations'. However, the obligations under this clause ( Confidentiality and the Use of Personal Data ) do not refer to information that (a) is in or comes into the public domain, provided that the information does not come into the public domain owing to a Party having breached its secrecy obligation under this clause (Confidentiality and the processing of personal data), (b) was in the possession of a Party, according to what can be proved in writing or in some other convincing way, before receiving the information from the other Party, provided the information was 5

obtained from someone who it may be assumed was not bound by the confidentiality obligation, or (c) such information that a Party is liable to disclose as a consequence of mandatory statutory provisions or decision of a court or public authority. This confidentiality obligation shall apply for up to one year after the termination of the Program. 1.19 Amendments and Supplements The content of the present Regulations may be amended at SAS s sole discretion considering any changes to SAS's range of products, price structure or the Company's travel upon providing a 1-month notice. When such measures are taken, the Regulations shall be updated and published on the SAS Corporate Site. 1.20 Other Conditions 1.21 Definitions The Participant s rights under this Program cannot be assigned to any other entity without prior consent of SAS. SAS is not responsible for damages arising as a result of the force majeure, including the enactment of the Republic of Lithuania or of a foreign country as well as an action of an authority of the Republic of Lithuania or of a foreign country, an act of war, strike, blockade, boycott, lockout or other similar circumstance. The reservation as regards strike, blockade, boycott and lockout also applies if SAS itself is the subject of or implements such action. Losses that arise in other cases shall not be compensated by SAS, provided SAS has acted with normal care. Nor is SAS liable for any damage that has arisen owing to a travel agent or sales company having ceased its operations. Each Participant shall be entitled to make a complaint in writing within 7 days of the occurrence of any event that forms the grounds for such a complaint. The complaints may refer to the method of executing the Programs in contravention of the Regulations. The Participant shall be notified about settlement of the complaint within 30 days of the day of making it. This settlement is final. This Program is not a game of chance, gaming and betting or any promotional lottery within the meaning of the provisions of the Lithuanian legislation. Any legal and tax obligations connected with the benefits received under the Program shall be charged to the Participant. Any disputes that arise out of execution of the Program shall be settlement by courts having jurisdiction over the registered office of SAS in Lithuania. These Regulations shall be governed by the law of the Republic of Lithuania. The terms used in these Regulations are defined as follows: CMP code : Company Mandatory Prefix, the code by which SAS identifies the Participant. CAP : the Internet system made available by SAS. Net fare : the price of the air ticket within the SAS Group, excluding VAT, other taxes, and transaction fee according to the settlement agreements between airlines. User : A natural person who is travelling with an electronic ticket or paper ticket. Users are employees of the Participants indicated by the Participant and when applicable, contractors or employees of contractors who have been temporarily engaged by the Participant, whose travel with SAS is credited to the Participant under the Program. Partners of the Participant are only Users if such persons are also employed or temporarily engaged as contractors by the Participant. Transaction fee : A charge added to the price that covers the expenses of selling flight tickets through SAS's authorized sales channels. SAS Credits are the points that the Participant receives for travel booked by using a CMP code. 2. Part Two. The Scope of the Programme Table 1. Scandinavian Airlines (SAS), Widerøe, Blue 1: Booking Classes and Corresponding Service Classes Routes Booking Class Service Class Domestic flights within the Business* C, D, J, Z territory of Denmark, Finland, Economy Extra Y, S, B Norway and Sweden Economy E, M, H, Q, V, W, U, K, L, T, O, G International flights Business** A, C, D, J, Z Economy Extra Y, S, B Economy E, M, H, Q, V, W, U, K, L, T, O, G (*) Same onboard service as Economy. (**) In Scandinavia, same onboard service as Economy Extra. Table 2: Earning and Redeeming of SAS Points Within the SAS Group SAS Group Areas SAS (SK) The entire network of connections operated by SAS Widerøe (WF) The entire network of connections operated by Widerøe Blue1 (KF) The entire network of connections operated by Blue1 SAS cannot assume any responsibility for changes of traffic programmes during the term of the Program. Valid booking classes may be changed during the term of the Program. 6