In these Terms the following definitions will be used:
1. Bundle (Economy, Premium Economy, Premium Business): Ticket packages for Economy, Premium Economy, and Business Economy classes.
2. Bundle Basic, Light, Plus and Top: Ticket packages for Basic, Light, Plus and Top class.
3. Elite Categories: These are the card categories made available to clients in the LATAM PASS Program, obtained through the accumulation of Qualifying Points and Qualifying Tickets. In total, there are 6 (six) categories: LATAM, GOLD, GOLD PLUS, PLATINUM, BLACK and BLACK SIGNATURE.
4. Customer (you): is the interested and eligible individual, older than 02 (two) 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.
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.
6. LATAM Pass: LATAM loyalty program, jointly with PRISMAH, to offer benefits to its participants, who will accumulate points by acquiring products and services of LATAM and its Participating Partners.
7. LATAM Wallet: the Program's Digital Wallet, in which there will be a statement of LATAM Pass points as well as a history of the operations performed, the creation of which is essential for eligibility in the Program.
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, that will integrate the Program, both for the acquisition of points and for the redemption of benefits to Clients.
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.
10. Award Ticket: Airline ticket for LATAM Flights and partner airlines, issued upon redemption of Points, with or without complementary cash payment.
11. LATAM Pass Points: Points accumulated by acquiring products and services offered by LATAM and its Program Partners, which may be redeemed for benefits to the Client.
12. Qualifying Points and Qualifying Miles: points accumulated by acquiring products and services offered by LATAM and the Program's Partners that qualify the Client to the Program's Elite Categories.
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;
15. Website: https://latampass.latam.com/en_us/
16. LATAM Flights: commercial, domestic or international flights, operated by LATAM or partner airlines.
The LATAM Pass Program (“Program”), 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 companies linked to the Program (hereinafter “Partners”), as described in this “Terms and Conditions”.
LATAM and PRISMAH jointly manage the Loyalty Program. LATAM manages (i) the accrual operations in all segments offered by the Program and (ii) the redemption of airline tickets at LATAM and partner companies; and PRISMAH is responsible for (i) administering redemption rights and (ii) the exchange of Points for other products and services provided under the Program to its Customers.
2.1 Registration in the Program. To join the Program, the Customer must register atthe Website or by other means disclosed by LATAM. Only one registration per Customer is allowed.
2.2 Customer Adhesion. Any individual over 2 (two) years of age who has registered (“Customer”) may join the Program, upon full and unlimited 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 Client declares to be civilly capable, or to be duly represented or assisted.
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, under any circumstances, be liable for any damages or loss resulting from incorrect information by the Customer.The Customeris responsible for the truthfulness, accuracy, completeness and timeliness of the information entered into the Website and/or provided to LATAM, including, but not limited to, the information entered for purposes of registration, purchase, payment or delivery, being fully liable for any damage and/or 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 Website.
2.6 Change of Country of Residence. The country of residence may be changed provided that an interval of 06 (six) 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 Client'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 Customer Personal Use Information. The login information, password and LATAM Pass number are personal, non-transferable and exclusive personal use of the Customer, and shall be required to keep them strictly confidential, not disclosing , providing or sharing them, by any means or form. In the event that the Customer provides their personal use 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, and releasing 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, WITHOUT PREJUDICE TO THE ASSESSMENT AND COLLECTION FOR ANY DAMAGES CAUSED AND/OR OTHER MEASURES THAT IT DEEMS NECESSARY.
2.10 Acceptance Records. For purposes of demonstrating the validity of the Terms and Conditions of the Customer, LATAM may store acceptance records at its sole discretion and during the period of the relationship with the Program and other transactions performed.
2.11 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 automatically created for the Customer. .
2.12 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/en/legal/terms-and-conditions/latam-client/terms-and-conditions-latam-airlines and incorporated herein by references, as applicable.
2.13 My Account. The “My Account” section in the Website featuresCustomer’s information such as registration information, balance and points statements, expiration date of points, products and promotions available. It is the Customer’s responsibility to refer to them on the Website.
2.14 Program Benefits. Customers can also earn and/or redeem LATAM Pass points 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.
2.15 Assignment of Points Prohibited. The LATAM Pass points earned by Customer are personal. Customer shall not transfer or assign said points to a third party in any way, except when purchasing specific products from LATAM designed specifically to be able to transfer LATAM Pass points.
2.15.1 In the event of the Customer's death, his account, the earned points balance, and any Award Tickets issued will be terminated.
2.16 Cancellation and Amendments to these Terms and Conditions. Including, but not limited to, changes or cancellations of partnership agreements in the airline sector and, or defining new methods to earn points and/or redeem Award Tickets, LATAM may cancel or change the Program and/or its Terms and Conditions, upon prior notice of 90 (ninety) days to Customer..
2.17 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 points balance will be also canceled and terminated, with no refund, indemnity or any claim against LATAM whatsoever.
2.18 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 points for the Program and/or to redeem points , shall be suspended and/or terminated Customer may be Civil and criminal liable .
2.19 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 points 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 points or Award Tickets by an unauthorized third party; and
(i) other acts not listed herein, 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.
2.19.1 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.
2.19.2 During the Customer's suspension period from the Program, the earned points shall expire as if the Customer was not suspended, as per their original expiration date.
2.19.3 Termination of the Program shall be permanent in all cases. Program points, 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.
2.20 Cancellation of Points due to acts of bad faith, deception, or fraud. LATAM reserves, at its sole discretion, the right to (i) suspend redemption of Program points or (ii) cancel Program points that were obtained by Customer as a result of an act of bad faith, deception or fraud.
2.21 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.
2.22 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 Client 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.
2.23 Impossibility, Inalienability and Inability to Convert to Cash. Program points shall not and are not available to be converted into cash, credit to an bank account, debit card, gift card, or cash withdrawal whether fully or partially
3.1. Earning LATAM Pass Points and Qualifying Points. The points 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 Points. After joining the Program, LATAM Pass points 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 Points 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. The objectives for accessing the elite categories of the LATAM Pass program are available at https://latampass.latam.com/en_us/discover-latam-pass/how-to-become-an-elite-member
3.4. Holder of LATAM Pass Points and Qualifying Points. LATAM Pass Points and Qualifying Points are personal and non-transferable. A customer can only earn and accumulate points 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 Points from air transportation, only the Customer passenger may earn and accumulate Points, whether the Customer passenger or a third party paid for the air fare/ticket.
3.5. Points earned with Partner Airlines. When flying with Partners Airlines, Customers may also earn Qualifying Points and LATAM Pass Points, 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 points with Partner Airlines may also earn and accumulate points for their frequent flyer account with the Partner Airline. Rules on earning points and qualifying for redemption of Partners Airlines may have their own qualification standards.
3.6. Non-Eligibility of Points Earned. LATAM Pass Points Earned and Qualifying Points will not be eligible for segments of flights made with Award Tickets or Points + 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 of any other nature, fines and penalties, as well as additional services such as luggage, LATAM + seats, among others.
3.7. LATAM Pass Points Earned Rules. The number of LATAM Pass Points earned will be calculated according to the fare paid and the route flown by the Customer. LATAM Pass point 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 points 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. Deadline for Receiving LATAM Pass and Qualifying Points on LATAM flights. LATAM Flight points will be posted to the Customer's Account no later than 7 (seven) business days from the date of the flight, provided the Customer has entered their LATAM Pass number upon booking, purchase or check-in. The established deadline may be extended so that LATAM can perform proper validations.
3.11. Deadline for Receiving LATAM Pass Points for non-air routes. LATAM Pass Points earned by the Customer will be credited to the Customer within 60 (sixty) calendar days as per the information provided by the Partner. In the event of missing or disagreement of the credit amount of LATAM Pass Points, the Customer shall contact the Partner. LATAM is not responsible for incorrect information provided by its Partners.
3.12. Requesting Points. To request LATAM Pass Points and Qualifying Points for flights taken, the Customer must keep a copy of the airline ticket and their boarding pass. These documents must be presented in case of a complaint. If the points have not been credited to the Program or there are divergences, 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. Some partners may set shorter deadlines, according to the information on the Site. After the deadline has passed without any request being made, the Customer will lose their rights to LATAM Pass Points and Qualifying Points.
3.13. Availability of Points. Points for flights and other Partner purchases will be available for use on a single Customer account.
3.14. Program Partner Transfer Fee. Partners may charge fees for transferring points to the Program, whereby the Customer acknowledges and releases LATAM from any direct or indirect, subsidiary or joint responsibility for the charge of such fees3.15. Cancellation of LATAM Pass Points and Qualifying Points. LATAM may cancel LATAM Pass Points and Qualifying Points Earned upon request of the Partner or if the flight was found to be ineligible, not flown or if there was an irregular credit.
4.1. Redemption of LATAM Pass Points. LATAM Pass Points 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 administrative fees related to the redemption of Premium Tickets, when offered by LATAM; and (iii) products and/or services offered by Program Partners.
4.2. Points for Redemption. The number of LATAM Pass Points required to redeem benefits may vary depending on the availability of products and/or services, promotional campaigns and other variables of LATAM, Partner airlines and other Partners. Qualifying Points earned by the Customer will be credited to the Customer's account for consideration, but will not be valid for award redemption or for the LATAM Pass point balance.
4.3. Redemption Password. Points will be redeemed by using a non-transferable personal password registered by the Customer, which may be changed at any time by the Customer. Points will be redeemed by using the necessary points to issue awards, according to the rules of the Program.
4.4. Responsibility for Safeguarding the Password. LATAM will not be liable for improper use of the LATAM Pass number and/or password, including, but not limited to loss, robbery, theft or misplacement by any means or method. The improper use of access data will be the Customer’s exclusive responsibility, including the responsibility for loss resulting from improper use by third parties, releasing LATAM from any responsibility for such acts.
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 shown in their registration. The Customer agrees to keep their contact phone numbers, address, including country of residence, and email up to date, as well as to keep the authorization code received secret, not to divulge, supply or share it by any means or form. LATAM does not request that the Customer send the authorization code by message application, telephone, e-mail, SMS or any other means other than the Program's Site when redeeming points.
4.6. Validity of LATAM Pass Points. LATAM Pass Points will be valid for Redemption for a period of 02 (two) years from the date of flight or posting the Points into the Customer's Account, and will always be charged from the earliest posted date to the most recent date. The post date will correspond to the date on which the Customer obtained the right to LATAM Pass Points Earned, which will be credited according to the Partner's processing deadline.
4.6.1 For certain products and/or promotional campaigns, LATAM may, at its sole discretion, change the expiration date of the LATAM Pass Points provided above, and such exceptions shall always be communicated to the Customer in advance in the respective Terms and Conditions of such products and/or promotional campaigns.
4.7. Redemption of an Award Ticket: An Award Ticket can be purchased on our website, at our onsite locations and other channels as provided by LATAM. Tickets are subject to availability. As of July 1st, 2020, a booking fee will be charged to the customer; the fee 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 in our onsite locations.
4.7.1 All LATAM operated destinations 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 points required for Award Ticket redemption 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 by debiting LATAM Pass Points, as well as the payment of airport fees, taxes and other services 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 Points, 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 observe all criteria and data for the correct issuance, such as personal information, name, among others. All additional services such as 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 fare types will be presented for the Award Ticket redemption, Bundle Basic, Light, Plus e Top, as provided on the Site and other LATAM channels where the customer can choose according to what best suits his needs The required points for an Award Ticket will be posted on the Site and may change without notice. Redeemed points 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 For redemption of points on flights operated by LATAM or partner airlines, the Customer may issue either a one-way fare or round trip, subject to seat availability and local rules.
4.7.8 Tickets refunds and changes:
i) 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.
ii) Changes to the LATAM Pass Award Tickets can be made through the website or through the Contact Center upon payment of the respective fee (via Credit, Debit or Wallet), depending on the conditions of the chosen fare, as long as the change is made before flight departure. After flight departure, date and/or route changes are not allowed.
iii) All changes to Award Tickets with a fare difference and/or fine must be paid in cash (via Credit, Debit or Wallet), using the means of payment available in the service channels, either via the web or Contact Center.
iv) Voluntary changes must be made in the same cabin 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 issued in the lower cabin, subject to fare conditions.
v) In the event that the return of the Award Tickets is requested, the same Customer will be subject to the conditions of the chosen fare and in accordance with the information published on our website. The return of an award requires that the ticket issued is in diaval status (validity starts from the date of issue 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 cash value equivalent to the miles to be returned. The latter are subject to the rate initially chosen by the customer. The member may use this money exclusively for services offered by LATAM Airlines.
4.7.9 The Customer will cover the cost of the airport fee, 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 must be used within a maximum and non-extendable period of 365 (three hundred and sixty-five) days from the date of issue. Non-use of the ticket in the stipulated period will result in its expiration and loss of the respective points.
4.8. Specific Redemption Conditions. Prior to redemption of any LATAM Pass points, the Customer should consult the rules on the Site and follow applicable guidelines, and redemption may result in costs, fees and/or charges, depending on the type of redemption and/or channel used to perform the redemption. The amount of LATAM Pass Points and the conditions for redemption of awards will be established by LATAM and/or Partner, and may change upon communication through channels provided by LATAM and/or Partners.
4.9. Account Holder and Third-Party Awards. The Points required to receive benefits from this Program shall be obtained by the account holder, and the Award Ticket passenger may be the account holder or a third party named thereby.
4.10. LATAM Pass Points Transfer between Programs. For the transfer of LATAM Pass Points to Partner promotions and/or incentive programs, the following conditions apply:
(a) The rules applicable to the transfer of LATAM Pass Points for Partner promotions and/or commercial loyalty incentive programs, such as conversion factors, amount and equivalence of benefits, shall be defined by LATAM and the Partner, and they shall be disclosed through LATAM channels.
(b) Once LATAM Pass Points are transferred to Partners' promotions and/or commercial loyalty incentive programs, there will be no possibility of cancellation of the request and/or return of LATAM Pass Points, and the applicable rules for these and/or promotions and/or destination programs will apply, which are the responsibility of the Partners and will apply to the transferred LATAM Pass Points, including the possibility of a LATAM Pass Points Refund.
4.11. Donations of LATAM Pass Points Redeemed. Donations made by Customers to exclusive Site Partners through the LATAM Pass Points Redeemed may not be used to waive any taxes, in particular Income Tax.
4.12. Responsibility for Redemption. All benefits available for Redemption, including 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. In this context, LATAM has no direct, indirect, subsidiary or joint responsibility for such services, products, promotions and loyalty incentive programs, so that any error or flaw related thereto must be claimed from the responsible Partner.Even so, if the Customer encounters any kind of defect or vice relative to the services, products, promotions and commercial loyalty incentive programs of our Partners, the Customer may file a complaint with the LATAM Pass Customer Care Center, available at link.
4.12.1 Before redeeming a product, 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. In case of doubt, please contact LATAM.
4.12.2 Upon receipt of the product, the Customer must refuse to receive 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 understands that all information related to the product and/or service redeemed by the program, including, without limitation, risks, characteristics, peculiarities, delivery times, receipt, withdrawal, among others, shall be verified by the Customer directly with the responsible Partner.
4.14. Restrictions on Redemption of Certain Benefits. The redemption of benefits, including without limitation, alcoholic beverages, or services such as car rental, among others, is exclusively restricted to those over the age of 18 (eighteen) and civilly capable persons, in accordance with applicable law. 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 Points in the Non-Air Segment. LATAM will refund LATAM Pass Points, upon request from a Partner and/or Customer, for non-air segments, canceling the Redemption and adjusting LATAM Pass Points to the Customer's account statement. In the event of cancellation, LATAM Pass Points 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 Points. LATAM reserves the right to review each case individually to prevent any abuse of rights in the Redemption of LATAM Pass Points by Customers.
4.15.1 The refund of LATAM Pass Points in the non-airline segments must respect the specific rules of each Partner, not giving rise to the following:
(a) 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 Points for Partner promotions and/or loyalty programs, once the LATAM Pass Points 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 Points used by the Customer, the Customer will have a period of 06 (six) months from the Redemption Date to file their complaint with LATAM, which will have up to 30 (thirty) days to respond to the Customer regarding the registered complaint. If it is found that the claimed LATAM Pass Points 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 Points earned.
4.17. LATAM Communications. The Customer will receive LATAM communications through its channels, informing Customers of their points balance and information pertaining to the Program,whereby communications made by LATAM to the client shall be considered effective for all purposes when made by any form of contact provided by the client to LATAM The Customer may also consult LATAM, through its communications channels in order to monitor point balances, and to obtain other information pertaining to the Program.
4.17.1 The Client 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 6 (six) categories: LATAM, GOLD, GOLD PLUS, PLATINUM, and BLACK SIGNATURE. LATAM may, at any time, launch new modalities and/or categories that replace or modify the current ones, by prior notice to Customers 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 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 Points earned during 1 (one) calendar year.
7.1. Program Validity. The Program will remain in force indefinitely, and can be changed at LATAM’s discretion, by prior communication to Customers 90 (ninety) days in advance. In the event of a change, the points awarded to the Customer, Award Tickets already issued on behalf of the Customer or persons named by the Customer during the validity of the Terms and Conditions shall remain valid for their term of validity.
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 Partners in the Program.
7.3. Official Time of the Country. The official time will be considered, including for promotions and campaigns of LATAM and its Partners in the country, unless otherwise expressly stated in the rules of the offer or campaign.
7.4. Applicable Law. The Terms and Conditions will be governed by and construed in accordance with the applicable local law of the Program.
7.5. Air Transportation. Air transportation that occurs as a result of the use of a Award Ticket is regulated by 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.
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. This Terms and Conditions document shall be effective from January 31, 2022.