Terms and conditions

In these Terms the following definitions will be used:

1.1 Bundle (Economy, Premium Economy, Premium Business): Ticket packages for Economy, Premium Economy, and Business Economy classes.

1.2 Bundle Basic, Light, Plus and Top: Ticket packages for Basic, Light, Plus and Top class.

1.3 Elite Categories: These are the categories available to clients in the LATAM PASS Program, obtained through from the accumulation of Qualifying Points and Qualifying Tickets. In total, there are 6 (six) categories: (i) LATAM, (ii) GOLD, (iii) GOLD PLUS, (iv) PLATINUM, (v) BLACK and (vi) BLACK SIGNATURE. 

1.4 Customer (you): is the interested and eligible individual, older than two (2) years of age, who registers on the Site to join the LATAM PASS program. In case of relative incapacity and disability, the Customer shall be represented by legal guardians for all purposes of the Program. 

1.5 LATAM: TAM LINHAS AÉREAS S.A. ("LATAM"), enrolled with the National Taxpayers' Registry (CNPJ) under no. 02.012.862/0001-60, with address at Rua Ática, 673, 6º andar, Sala 62, Jardim Brasil (South Zone), Zip Code: 04634-042, São Paulo- SP.

1.6 LATAM PASS: LATAM loyalty program, jointly with PRISMAH, to offer benefits to its members, who can accumulate miles by purchasing LATAM and its Participating Partners’products and services .  

1.7 LATAM Wallet: the Program's Digital Wallet which features, among other, Customer’s LATAM PASS miles statement and a history of  Customer’s transactions. A Latam Walltet account is required for joining the Program.

1.8 Program Partners: any LATAM and PRISMAH partner companies, from different segments, such as air transportation, financial institutions, gas stations, retail, hotels, tourism and entertainment services, among others, participate in the Program, offering products and services that when purchased by Customer can be used to accumulate  miles in the Program or that Customer can acquire by redeeming of Customer’s miles.

1.9 PRISMAH: PRISMAH FIDELIDADE LTDA. ("PRISMAH"), enrolled with the CNPJ under No. 16.549.589/0001-11, Rua Ática, 673, 8º andar, Sala 83, Jardim Brasil (Zona Sul), CEP: 04634-042, São Paulo- SP.

1.10 Award Ticket: Airline ticket for LATAM Flights and partner airlines, issued upon redemption of Miles, with or without complementary cash payment. 

1.11 LATAM PASS Miles: Miles accumulated by acquiring products and services offered by LATAM and its Program Partners, which may be redeemed by Customer for products and services.

1.12 Qualifying Points and Qualifying Miles: points accumulated by acquiring products and services offered by LATAM and the Program's Partners that qualify the Customer to the Program's Elite Categories.

1.13 Privacy Policy: is LATAM's document explaining how the personal data collected will be handled, to which the Customer has expressly agreed, available at https://www.latamairlines.com/us/en/legal/privacy-policy 

1.14 Password for Redemption Access: password created upon registration, according to LATAM's security rules, to be used to access the Site and the Program;

1.15 Site: Website https://latampass.latam.com/en_us/ 

1.16 LATAM Flights: commercial, domestic or international flights, operated by LATAM Airlines Group S.A. or its affiliates.

Program, which was developed by TAM LINHAS AÉREAS S.A. (“LATAM”), registered with the CNPJ under number 02.012.862/0001-60; and PRISMAH FIDELIDADE LTDA. (“PRISMAH”), registered with the CNPJ under number 16.549.589/0001-11, encourages the use of LATAM air transport services by the Customer, in addition to allowing the Customer to obtain benefits by also using it in the consumption of products and/or services offered by Program Partners -as described above in Definitions herein- (hereinafter “Partners”),.

 As LATAM and PRISMAH are partners in this Program, LATAM manages the Fidelity Program jointly with PRISMAH. Specifically, LATAM manages (i) the accumulation of miles  in all segments offered by the Program and (ii) the redemption of airline tickets in LATAM and partner companies; and PRISMAH manages (i) the redemption rights and (ii) the exchange of miles for other products and services, available  to Clients of the Program.

2.1 Registration in the Program. To join the Program, the Customer must register at the Site or by other means disclosed by LATAM. Only one registration per Customer is allowed and accepted.

2.2 Customer’s Acceptance. Any individual over two (2) years of age who has registered  may join the Program, upon full and unconditioned  acceptance of these Terms and Conditions. Customers must be 18 years old or older, or represented by a parent or a legal guardian if under 18 years old, to register and accept these Terms and Conditions. The parent or legal guardian will be liable for a minor’s actions as a member of the Program, including unlawful conduct in accordance with applicable law. By accepting these Terms and Conditions connecting, the Customer or legal guardian of customer  declares to be civilly capable, or to be duly represented or assisted. By creating an account, accepting these terms and conditions

2.3 Customer Number. The Customer number in the Program will be his or her CPF. For Customers who do not have CPF, a 12 (twelve) digit number will be created at the time of registration.

2.4 Customer Information. The Customer is responsible for acknowledging and accepting the Terms and Conditions and for the information provided to LATAM, and must keep all registration information complete, accurate and up to date to be able to access the benefits of the Program. LATAM shall not be liable for any damages or loss resulting from incorrect information by the Customer. The Customer is responsible for the truthfulness, accuracy, completeness and timeliness of the information entered into the Site and/or provided to LATAM, including, but not limited to, the information entered for purposes of registration, purchase, payment or delivery, redemption of miles, being fully liable for any damages arising from the breach thereof and/or the violation of third parties' rights.

2.5 Customer’s Country of Residence. Program’s , Terms and Conditions may vary as per local laws of the country where the Program is offered. Therefore, the Customer must register with the Program according to their country of residence at the time of registration. For the avoidance of doubt, in the event of a change of address, the Customer is responsible for updating their country of residence in their profile at the Site.

2.6 Change of Country of Residence. The country of residence may be changed provided that an interval of six (6) months between such change requests is observed and/or upon presentation of supporting documents. The change in the country of residence will result in the transfer of the Customer's registration to the new country of residence, and upon such, the Customer fully and unconditionally accepts the specific Program Terms and Conditions of the new country of residence. Depending on the country of residence, the designation “points” or “miles” and other rules of the local program shall be adopted.

2.7 Creation and Change to Password. At the time of registration, the Customer will be asked to create a password, in accordance with LATAM’s security rules. Customer may update the password at any time. For the Customer’s safety, we do not recommend the use of passwords that are easy to set up, such as name, vehicle number plate number, telephone number, birthday, among others. Also, only computers with security features should be used, and the access password should be changed periodically. We do not recommend using unreliable computers or unprotected public networks to access the Site.

2.8 Use of Customer Information. The login information, password and LATAM Pass number are personal, non-transferable and for the exclusive personal use of the Customer, and Customer shall keep them strictly confidential, not disclosing, providing or sharing them, by any means or form. In the event that the Customer provides his/her information to any third party, the use or misuse of such information and of the Program shall be the Customer’s responsibility, including but not limited to  liability for losses caused by misuse by third parties. Customer releases LATAM from any improper use by the third party. The Customer agrees to immediately notify LATAM of any unauthorized use of its login and/or password.

2.8.1. The Customer may be required to take an additional step to validate the registration data at any time in order to connect to and use the Site and the Program. IF LATAM IDENTIFIES ANY IRREGULARITY IN THE REGISTRATION OR ACCOUNT, OR IF THE CUSTOMER DOES NOT CONFIRM THE INFORMATION STATED WHEN REQUESTED, THE CUSTOMER'S REGISTRATION IN THE PROGRAM MAY BE CANCELLED, SUSPENDED OR EXCLUDED AT LATAM'S SOLE DISCRETION, IN ADDITION TO ANY OTHER REMEDIES LATAM IS ENTITLED AT LAW OR IN EQUITY.  

2.9 Acceptance Records. For enforcement purposes LATAM may store records of Customer’s acceptance of these Terms and Conditions at its sole discretion during the period Customer’s subscription to Program. .

2.10 Participation in the Program requires the use of the LATAM WALLET tool for payments and other financial transactions involving LATAM services. Hence, by registering for the Program  or revalidating their data, a  LATAM Wallet account will also be created for the Customer.

2.11 By registering for the Program, Customer acknowledges and agrees with the creation of a LATAM WALLET account and with the rules of use of LATAM WALLET, which are available at:  https://www.latamairlines.com/us/es/legal/terminos-y-condiciones/cliente-latam/terminos-y-condiciones-latam-airlines, and incorporated herein by reference s, as applicable. 

 2.12 My Account. The “My Account” section in the Site features Customer’s information such as  registration information, balance and miles statements, expiration date of miles, products and promotions available. It is the Customer’s responsibility to refer to them on the Site.

2.13 Program Benefits. Customers can also earn and/or redeem LATAM Pass miles with Program Partners, by the use of air transportation, financial institutions, gas stations, retail, hospitality, tourism and entertainment services, among others, as disclosed on the Site. 

2.14 Assignment of Miles Prohibited. The LATAM Pass miles earned by Customer are personal and not transferable. Customer shall not transfer or assign said miles to a third party in any way, except when purchasing specific products from LATAM that are designed specifically to be able to transfer LATAM Pass miles. 

2.14.1 In the event of the Customer's death, his account, the earned miles balance, and any Award Tickets issued will be terminated.

2.15 Cancellation and Amendments to these Terms and Conditions. LATAM may update these Terms and Conditions by posting a revised version on the Site. By continuing to be a member of the Program you accept any revised terms. LATAM may notify the Customer 90 days prior to the effective date of the revised terms. Amends to these Terms and Conditions may include and not be limited to changes or cancellations of partnership agreements in the airline sector and, or defining new methods to earn miles and/or redeem Award Tickets. LATAM may cancel the Program and its Terms and Conditions, upon prior notice of 90 (ninety) days to Customer. Changes and cancellations shall not apply to tickets issued before the effective date of the change or cancellation, as the case may be.

2.16 Cancellation of Registration. The Customer may request the cancellation of their Program account, through LATAM authorized channels. By requesting cancellation of their Program account, the Customer agrees that the earned miles balance will be also canceled and terminated, with no refund, indemnity or any claim against LATAM whatsoever.

2.17 Program Membership Suspension and Termination:  Program membership of Customers who breach these Terms and Conditions and/or applicable law, use bad faith, fraud or deception in earning miles for the Program and/or to redeem miles, shall be suspended and/or  terminated Customer may be Civil and criminal liable .

2.18 Bad faith, Deception, Fraud:  The following is a non-exclusive list of conduct that shall be considered as acts of bad faith, or Deception for the purpose of Program membership suspension or termination:

(a) illegal practices or those contrary to the Terms and Conditions;

(b) irregular, inadequate or suspicious use and/or conduct that contributes to and/or misuse in earning miles or redeeming benefits;

(c) redeeming of benefits of the program in favor of 25 (twenty-five) or more different third parties, of any kind, in each period of 12 (twelve) months;

(d) selling Award Tickets to third parties;

(e) providing false or inaccurate information to carry out the Program transactions;

(f) any act that incorporates viruses or other physical or electronic elements that may cause damage or prevent the normal operation of the network, system or computer equipment ("hardware" and "software") of third parties, or that may cause damage to electronic documents and files stored in such computer equipment;

(g) any act that causes, by its characteristics (form, extent, etc.), difficulties in the normal operation of the Site or Program;

(h) providing LATAM Pass number and Program password to third parties for the purpose use of the miles or Award Tickets by an unauthorized third party; and

(i) other acts not listed here in, but identified by LATAM as irregular and contrary to the operation of the Program.

j) Fraud acts or practices shall be defined as per the local applicable law.

2.18.1 In the event a Customer engages in any of the acts listed above, LATAM may suspend the Customer for a period of 6 (six) months or, depending on the severity of the situation, permanently terminate the Customer’s membership to the Program. The penalty shall be applied to both the Customer who performed any of the above acts and the Customer who assisted or contributed to the practice, or who has benefited from it, in violation of the Terms and Conditions.  

2.18.2 During the Customer's suspension period from the Program, the earned miles shall expire as if the Customer was not suspended, as per their original expiration date. 

2.18.3 Termination  of the Program shall be permanent in all cases. Program miles, Award Tickets, and benefits, such as preferred boarding, additional baggage, cabin upgrades, VIP lounge access and seat reservation without charge, among other benefits, shall be canceled as a result of the Termination. regardless of the adoption of appropriate legal measures. 

2.19 Cancellation of Miles due to acts of bad faith, deception, or fraud. LATAM reserves, at its sole discretion, the right to (i) suspend redemption of Program miles or (ii) cancel Program miles that were obtained by Customer as a result of an act of bad faith, deception or fraud. 

2.20 Customer’s Responsibility. Customer shall be liable for all damages of any nature suffered by LATAM due to Customer’s acts of bad faith, deception or fraud and/or due to Customer’s default of any of these Terms and Conditions.  

Customer agrees and hereby undertakes to indemnify, defend and hold harmless LATAM, its affiliates, its directors, officers, employees and agents from and against any and all liabilities, damages, claims, penalties, suits and actions of every nature and description (including but not limited to, any and all costs, expenses and attorney’s fees related thereto) brought or alleged against LATAM, its affiliates, its directors, officers, employees and agents arising out of Customer’s acts of bad faith deception or fraud and/or due to Customer’s default of any of these Terms and Conditions. 

2.21 LATAM's Intellectual Property. All texts, photographs, images, videos, illustrations, icons, technologies, links and other audiovisual or sound content, including the Site's software, graphic designs, source codes, layouts and applications, are the exclusive property of LATAM or of a third party that has authorized its use, being protected by international laws and treaties, its copy, reproduction or any other type of use being prohibited, with violators being subject to civil and criminal penalties, pursuant to the terms of Laws No. 9,279 of 1996, No. 9,609 of 1998 and No. 9,610 of 1998. The trademarks, trade names, distinctive signs or logos of any kind presented through the Platform are the property of LATAM or of a third party that has allowed its use, so that the use of the Platform does not constitute an authorization for the Customer to make any kind of use or disposition of such trademarks, trade names, distinctive signs and/or logos. The Customer undertakes not to reverse engineer or allow any reverse engineering, nor to translate, decompile, copy, modify, reproduce, rent, transmit, lend, distribute, license or otherwise dispose of LATAM's Intellectual Property to which it has had access as a result of its participation in the Program.

2.22 Impossibility, Inalienability and Inability to Convert to Cash. Program miles shall not and are not available to be converted into cash, credit to an bank account, debit card, gift card,  whether fully or partially.

3.1. Earning LATAM Pass Miles and Qualifying Points. The miles obtained by Customers shall be added to My Account”, in accordance with the Program rules and registered Partners available at the Website.

3.2. LATAM Pass Miles. After joining the Program, LATAM Pass miles may be earned by as follows: (i) y purchasing and using tickets on LATAM and Partners flights; (ii) by purchasing the LATAM Pass Club; (iii) by purchasing  products and/or services from Program Partners; (iv) by purchasing facility products such as LATAM Pass Purchase, Renewal and Transfer of Miles and others available on the Site; and (v) by purchasing LATAM Travel products and services; all in accordance with the rules in effect at the time of purchase.

3.3. Qualifying Points and Qualifying Segments to Define a LATAM Pass Category. The Customer will earn Qualifying Points and Qualifying Segments to be eligible for various categories of the Program, in accordance with the fare paid and the route flown, within one (1) calendar year, that is, from January 1 to December 31, according to the rules applicable at the time the air ticket is purchased. 

3.4. Holder of LATAM Pass Miles and Qualifying Points. LATAM Pass Miles and Qualifying Points are personal and non-transferable. A customer can only earn and accumulate Miles in My Account by (i) traveling and entering their LATAM Pass number in their Account; and (ii) complying with the rules of the various Partners, as disclosed on the Website. In the case of earning and accumulating Miles from air transportation, only the Customer passenger may earn and accumulate Miles, whether the Customer passenger or a third party paid for the air fare/ticket.

3.5. Miles earned with Partner Airlines. When flying with Partners Airlines, Customers may also earn Qualifying Points and LATAM Pass Miles, provided the Customer informs the Partner Airline of their LATAM Pass number, and subject to each Partner Airline's rules. Customers flying with LATAM who choose to earn miles with Partner Airlines may also earn and accumulate miles for their frequent flyer account with the Partner Airline. Rules on earning miles and qualifying for redemption of Partners Airlines may have their own qualification standards.

3.6. Non-Eligibility of Miles Earned. The following tickets, payments and purchases do not accumulate LATAM Pass Miles or Qualifying Points: Award Tickets or Miles + Cash, with promotional or reduced fare, on non-regular or free routes, by airlines without a partnership agreement, the payment of any airport taxes and fees, or taxes and fees of any other nature, fines and penalties, as well as purchase of optional services such as luggage, LATAM + seats, among others.

3.7. Rules for LATAM Pass Miles Earned. The number of LATAM Pass Miles earned will be calculated according to the fare paid and the route flown by the Customer. LATAM Pass Miles earning factors will be determined by the country of residence and Customer category. For purchases made in other currencies, the amounts will be converted to American Dollars, and miles will be calculated according to the value of the fare paid. U.S. dollar conversion will be made according to the official IATA exchange rate on the day of purchase. The information will be updated on the Site.

3.8. Rules for Earning Qualifying Points on Domestic Flights. For domestic flights, the amount of Qualifying Points to be earned will be awarded based on the amount of the fare paid and the portion flown by the Customer, with the Qualifying Points earning factor (i) in Brazil at 2.5 Qualifying Points per Brazilian real paid; (ii) in Colombia, 12 Qualifying Points per US dollar paid; and (iii) in other countries 9 Qualifying Points per US dollar paid. 

3.9. Rules for Earning Qualifying Points on International Flights. For international flights, the amount of Qualifying Points to be earned will be awarded based on the amount of the fare paid and the portion flown by the Customer, with the Qualifying Points accrual factor of 6 Qualifying Points per US dollar paid. 

3.10. Timeline for Receiving LATAM Pass and Qualifying Points on LATAM flights. LATAM Flight miles will be posted to the Customer's Account no later than 7 (seven) business days from the date of the relevant flight, provided the Customer has entered their LATAM Pass number upon booking, purchase or check-in. At LATAM’s sole discretion, the 7 days timeline may be extended for LATAM to conduct validations as LATAM deems necessary. 

3.11. Timeline for Receiving LATAM Pass Miles for non-air routes. LATAM Pass Miles earned by the Customer will be credited to the Customer within sixty (60) calendar days of the date the Partner provided LATAM the information.  The Customer shall contact the Partner. LATAM is not responsible for incorrect information provided by its Partners.    

3.12. Requesting Miles. To request LATAM Pass Miles and Qualifying Points for flown flights, the Customer must keep a copy of the airline ticket and the boarding pass. These documents must be provided to LATAM in case of a dispute. If the Miles have not been credited to the Program or the credited Miles do not correspond to the information provided to LATAM, the Customer may submit a new request to LATAM, within a maximum of 365 (three hundred and sixty-five) days from the date of the flight (“New Request Deadline”). Some Partners may set shorter deadlines, according to the information on the Website. Customer’s failure to meet the New Request Deadline shall constitute a waiver of the LATAM Pass Miles and/or Qualifying Points involving the request.

3.13. Availability of Miles. Miles for flights and other Partner purchases will be available for use on a single Customer account.

3.14. Program Partner Transfer Fees. Customer acknowledges that Partners may charge Customers fees for transferring Miles to the Program (“Transfer Fees”). Customer hereby agrees to be solely responsible to Partner for Transfer Fees. For clarity, LATAM shall not be liable in any way for any such Transfer Fees. 

3.15. Cancellation of LATAM Pass Miles and Qualifying Points. LATAM may cancel LATAM Pass Miles and Qualifying Points Earned upon request of the Partner or if the flight was determined to be ineligible for Miles accumulation, not in fact flown by the Customer, or if there was an irregular credit. 

4.1. Redemption of LATAM Pass Miles. LATAM Pass Miles earned by the Customer may be redeemed for: (i) the issuance of Award Tickets for LATAM flights, and Partner flights, with or without additional cash payment; (ii) payment of airline administrative fees related to the redemption of LATAM Premium Tickets; and (iii) products and/or services offered by Program Partners.

4.2. Miles for Redemption. The number of LATAM Pass Miles required to redeem benefits may vary depending on the availability of products and/or services, promotional campaigns and other factors of LATAM, Partner airlines and other Partners. Qualifying Points earned by the Customer will be posted to the Customer's account, but will not be available to redeem for Award Tickets or to credit to Customer’s LATAM Pass Miles balance.

4.3. Redemption Password. Miles shall be redeemed by using a non-transferable personal password selected by the Customer at the time of signing up to the Program, which may be changed online at any time by the Customer. 

4.4. Responsibility for Safeguarding the Password. LATAM shall not be liable for improper use by Customer or a third party of the LATAM Pass number and/or password, resulting from, including but not limited to, loss, robbery, theft, misplacement or sharing, by any means or method (“Improper Use”). Customer shall be solely liable for said Improper Use. 

4.5. Authorization Code. At the time of redemption, an authorization code may also be requested to be sent to the Customer’s telephone number listed in their account. The Customer shall maintain his/her contact phone numbers, address, including country of residence, and email up to date. The Customer shall keep the authorization code received confidential. Customer shall not divulge, supply or share it by any means or form. Once received, Customer shall use the authorization code only at the Site when redeeming Miles, and shall not send it to LATAM via message applications, telephone, email, SMS or any other platform or method that is not the Website.

4.6. Expiration of LATAM Pass Miles. Credited LATAM Pass Miles will expire and, for clarity, not available to redeem after   two (2) years from the date of the relevant flight or the date the Miles were credited to the Customer's Account (“Posting Date”), whichever is earlier 

4.6.1 For certain products and/or promotional campaigns, LATAM may, at its sole discretion, change the above expiration date. LATAM may notify the Customer in advance.  

4.7. Redemption of an Award Ticket. An Award Ticket can be purchased on LATAM’s website www.latampass.com, onsite locations or other channels as determined by LATAM. Award Tickets are subject to availability. As of July 1st, 2020, a booking fee will be charged to the Customer, which may vary depending 1) on the point of departure and destination chosen by the Customer and 2) on how far in advance the purchase is made. The fee rates can be found at www.latampass.com. The booking fee is additional to other possible existing fees that may be charged at our onsite locations.  

4.7.1 All LATAM operated flights will be available for redemption with 365 (three hundred sixty-five) days prior to the flight date. For destinations operated by Partner Airlines, their own rules shall apply.

4.7.2 The miles required to redeem for Award Ticket may vary due to various factors such as: Bundle (Economy, Premium Economy, Premium Business), sections, number of connections available on the chosen section, flights, dates, advance redemption, aircrafts, service classes, fares, low and high season, sales channels that may be chosen by the Customer, among others. The Customer may inquire in advance on the communication channels provided by LATAM.

4.7.3 Award Tickets will be issued upon redeeming LATAM Pass Miles, and payment of airport fees, taxes and other services by Customer that are charged by LATAM or partner airline. The Customer is responsible for verifying that the issuance of the Award Ticket has been properly completed with the correct debiting of LATAM Pass Miles, as well as the payment of applicable fees and/or services. 

4.7.4 At the time of issuance of the Award Ticket, the Customer must carefully revise  all the information for the correct issuance of the Award Ticket, such as name, passport number, among others. Baggage allowance, cancellation policies, Latam+ seating, among others will be properly communicated at the time of issuance of the Award Ticket on the Site. 

4.7.5 Different types of fares for the Award Ticket redemption, such as Bundle Basic, Light, Plus e Top, will be offered (subject to availability) at the Website and other LATAM channels to redeem Miles as determined by LATAM, from which where the customer can choose according to what best suits the Customer. The required miles for an Award Ticket will be posted on the Site and are subject to change prior to redemption of an Award Ticket. Redeemed miles will not be refundable in cash.

 4.7.6 All rules for the issuance, amendment and cancellation of Award Tickets on behalf of the Customer are valid and applicable in the case of the issuance of Award Tickets by the Customer for third parties.

4.7.7 Miles may be redeemed for Award Tickets for one way or round trips on flights operated by LATAM or Partner airlines, subject to seat availability and local rules.

4.7.8 Tickets refunds and changes: 

• The customer may request a change to an Award Ticket to the extent permitted and subject to applicable charges, in accordance with the fare conditions of the respective Award Ticket.
• Changes to the Award Tickets on LATAM operated flights can be made at LATAM’s website www.latam.com,  Contact Center before flight departure. Charges may apply depending on the conditions of the chosen fare, which may be paid with Credit Card, Debit Card or LATAM Wallet. After flight departure, date and/or route changes are not allowed.
• All changes to Award Tickets with a fare difference and/or fine must be paid in money (via Credit, Debit or Wallet), using the means of payment available in the service channels, either via the web or Contact Center.
• Voluntary changes on flight date must be made for seats in the same cabin as the one in the Ticket originally issued, unless the original cabin does not exist on the new flight, which will be subject to airfare conditions. In this case, the Award Ticket may be re-issued in a lower class cabin, subject to fare conditions.
• In the event that the return of the Award Tickets is requested, the Customer will be subject to the conditions of the chosen fare and in accordance with the information published on LATAM’s website www.latampass.com. The return of an award ticket requires that the ticket issued is in valid status (validity starts from the date of issuance of the ticket). The return can be requested through digital channel or in our Contact Center Contact Center. Once the refund has been processed, the member will receive in their "LATAM Wallet" the money value equivalent to the miles to be returned. The latter are subject to the rate initially chosen by the customer, and the Customer may use this money exclusively for services offered by LATAM Airlines.

4.7.9 The Customer shall be responsible for any airport fees, as determined by the local aviation authorities, and other official fees and taxes of any nature that are instituted by national and/or international authorities, as well as the payment of additional issuance fees arising from services provided by LATAM to issue the Premium Ticket.

4.7.10 The Award Ticket is valid for three hundred and sixty-five (365) days from the date of issuance or until the date specifically stated on the fare of the Award Ticket redeemed by the Customer. This validity period is not subject to extensions. Once this period or any other shorter period indicated in the fare conditions has passed, the Award Ticket may not be used, and the corresponding miles shall not be re-credited to Customer’s Account nor refundable, and considered null and void.

4.8. Specific Redemption Conditions. Prior to redemption of any LATAM Pass miles, the Customer should consult the rules on the Website and follow applicable rules. 

4.9. Account Holder and Third-Party Awards. The Miles shall be obtained by the account holder Customer. Award Tickets passengers may be the account holder Customer or a third party as selected by Customer, according to these Terms and Conditions.

4.10. LATAM Pass Miles Transfer between Programs. For the transfer of LATAM Pass Miles to Partner promotions and/or incentive programs, the following conditions apply:

(a) The rules applicable to the transfer of LATAM Pass Miles for Program Partner promotions and/or commercial loyalty incentive programs, such as conversion factors, amount and equivalence of benefits, shall be defined by LATAM and the Program Partner, and they shall be disclosed to Customer on the Site.

(b) Once LATAM Pass Miles are transferred to Program Partners' promotions and/or commercial loyalty incentive programs, the transfer may not be cancelled and/or return of LATAM Pass Miles to be re-credited to Customer’s account shall not be available. The rules of Partners' promotions and/or commercial loyalty incentive programs will apply to the transferred Miles. 

4.11. Donation of LATAM Pass Miles Redeemed. Donations made by Customers to exclusive Site Partners through the LATAM Pass Miles redeemed may not be used to waive any taxes, in particular Income Tax.

4.12. Responsibility for Redemption of Program Partner’s Benefits. All Program Partner benefits available for Redemption, including Program Partners' services, products, promotions and business loyalty incentive programs, are independently created, developed and managed by such Partners without any intervention or participation by LATAM. The Partner shall be solely liable for any error, flaw, breach or default related to their own services, products, promotions and business loyalty incentive programs. LATAM shall not be liable for any of Program Partners’ services, products, promotions and loyalty incentive programs or error, flaw, breach or default of same. Notwithstanding, the Customer may file a complaint with the LATAM Pass Customer Care Center regarding any error, flaw, breach or default of Program Partner’s  services, products, promotions and business loyalty for LATAM  to assist Customer in the claim process with Partner. 

4.12.1 Before redeeming a Partner’s goods (i.e., products, items, articles. merchandise, etc.), the Customer must always carefully read the product description and technical data sheet, as well as the indication of age group or any other available information of the Partner. In case of doubt, please contact Program Partner or LATAM. You may find LATAM’s contact information on the Site.

4.12.2 Upon receipt of Program Partner’s goods, the Customer must reject it and contact LATAM if it detects any of the following situations: (i) product damaged in transit; (ii) broken packaging; (iii) missing accessories or items; (iv) product not in accordance with the order; (v) lack of an invoice or difference between the invoice description and the product received.

4.13. Information on Redeemed Benefits. The Customer shall verify directly with the Partner, all restrictions that may apply to the use of Partners Benefits. 

4.14. Restrictions on Redemption of Certain Benefits. Must be eighteen (18) years old to redeem Miles for products or services, including without limitation, alcoholic beverages, or services such as car rental. LATAM shall not be liable for erroneous and/or incoherent information provided by the Customer who, due to such, has access to products or services that are inappropriate for their age.

4.15. Refund of LATAM Pass Miles in the Non-Airline Segment. LATAM will refund LATAM Pass Miles, upon request from a Program Partner and/or Customer, for non-air segments, canceling the Redemption and adjusting LATAM Pass Miles to the Customer's account statement. In the event of cancellation, LATAM Pass Miles will be credited to the Customer's account with an expiration date equal to or later than that in effect on the date of use of the LATAM Pass Miles. LATAM reserves the right to review each case individually to prevent any abuse of rights in the Redemption of LATAM Pass Miles by Customers. 

4.15.1 The refund of LATAM Pass Miles in the non-airline segments are subject to the specific rules of each Program Partner, not giving rise to the following:

(a) Program Partner product and/or service that, by its nature or characteristics, is not subject to regret; such as, but not limited to, products made to the Customer's specifications or clearly personalized, software that has already been installed, creams, ethical foods, perfumes and the like that are unsealed or show evidence of use by the Customer, digital files sent electronically that can be downloaded or reproduced immediately for permanent use, newspapers, magazines, underwear and food products; and

(b) Customer dissatisfaction when transferring LATAM Pass Miles for Partner promotions and/or loyalty programs, once the LATAM Pass Miles are transferred, the rules of the promotions and/or destination programs will apply.

4.16. Non-Recognition of Redemption. In the event of non-recognition of LATAM Pass Miles used by the Customer, the Customer will have a period of six (6) months from the Redemption Date to file their complaint with LATAM, who will have up to thirty (30) days to respond to the Customer regarding the registered complaint. If LATAM finds that the claimed LATAM Pass Miles were misused, without the Customer's intent or fault, they will be credited for the same original posting date(i.e. the date of origin of the LATAM Pass Miles earned).

4.17. LATAM Communications. The Customer will receive LATAM communications through LATAM’s channels, which will inform Customers of their Miles balance and information relating to the Program. Communications and notifications made by LATAM to the Customer shall be considered effective for all purposes when made by any form of contact provided by the Customer to LATAM The Customer may also consult LATAM, through its communications channels in order to monitor milet balances, and to obtain other information pertaining to the Program.

4.17.1 The Customer agrees and authorizes LATAM to send administrative notifications through the application ("push"), by e-mail, SMS, through publications on the Website, by telephone calls or by any other means of communication available. The Customer acknowledges and agrees that any notices, messages, disclosures, agreements and other communications received electronically by the Customer satisfy all legal requirements, such communication being deemed, for all purposes, to be in writing.

5.1. The LATAM Pass Program offers six (6) categories: (i) LATAM, (ii) GOLD, (iii) GOLD PLUS, (iv) PLATINUM, (v) BLACK, and (vi) BLACK SIGNATURE. LATAM may, at any time, launch new modalities and/or categories that replace or modify the current ones, which shall be posted on the Site. The Program may offer exclusive benefits for each Elite category, including companion, as communicated on the Site.

5.2. The rules regarding LATAM Pass Club’s modalities that are related to the rules for the earning of Qualifying Points will appear in the Club Rules. If the Customer fails to comply with Club rules, LATAM Pass Program qualification rules will apply to define the Customer’s category.

5.3. Downgrade of categories may occur, which will always result in a higher category being downgraded to the category immediately below, according to an evaluation made annually by LATAM, considering Miles earned during 1 (one) calendar year.

6.1  When signing up and using the Website, the Customer enters data, which may include personally identifiable information (PII) . LATAM is committed to ensuring the confidentiality and security of your information,  creating the Privacy Policy and Cookie Policy.

6.2  The Privacy Policy and Cookies Policy are incorporated herein by reference.  By accepting these Terms and Conditions, the Customer acknowledges and accepts LATAM’s Privacy Policy and Cookies Policy.

7.1.       Program Duration. The Program will remain in force indefinitely. 

7.2.       Partner Network. LATAM reserves the right, at any time and irrespective of the Customer’s prior consent, to include, exclude or modify the participation of Earning and/or Redemption Program Partners.

7.3.       Official Time of the Country.  The official time will be considered, including for promotions and campaigns of LATAM and its Program Partners in the country, unless otherwise expressly stated in the rules of the offer or campaign.

7.4.       Choice of  Law and Venue.  These Terms and Conditions, irrespective of the place where it is executed or to be performed, shall be governed, construed and performance thereof shall be determined in accordance with the laws of the State of Florida without effect given to the conflict of law provisions therein. The venue of any action on this Agreement shall be in Miami-Dade County, Florida and any action to determine the rights or obligations of the parties hereto shall be brought in the Circuit Court of the Eleventh Judicial Circuit of Florida, in and for Miami-Dade County, or the United States District Court for the Southern District of Florida, at the option of either Party or whichever has jurisdiction thereof. IN ANY SUCH ACTION, LATAM AND CUSTOMER IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING.

7.5.       Air Transportation. Air transportation that occurs as a result of the use of an Award Ticket is regulated by all of some of the following: the Brazilian Aeronautical Code (Law No. 7.565/86), the Montreal Convention (Decree No. 5.910/06), the Directives and Resolutions of the National Civil Aviation Agency and other applicable laws. Award Tickets in LATAM operated flights are subject to LATAM’s Contract of Carriage.

7.6.       Validity of Terms and Conditions. The Terms and Conditions are duly registered at the 1st Registry Office of the city of São Paulo, Brazil, and replaces and cancels those previously registered.

7.7.       Validity of Terms and Conditions. These Terms and Conditions shall be effective as of June 1st, 2022.