The BinterMás Programme (hereinafter, the ‘Programme’ or ‘BinterMás’) is the property of the Company BINTER CANARIAS S.A. (hereinafter BINTER) with registered address at C/ Ignacio Ellacuría Beascoechea, 2, Parcela 31.996-B, 35200, Telde, Las Palmas, España and its Tax Number is A-38666897.

The Participating or Partner Companies are the institutions involved in the Programme through a participation contract which offers advantages and benefits to the members of the Programme. The advantages and benefits of the BinterMás Card will not accrue to those of any other card or programme of the participating companies unless this is duly determined in each case. In addition, the benefits offered by the programme are not compatible with nor accruable to those of any other loyalty Programme offered by BINTER and/or by third parties unless this is duly determined in each case.

Natural persons over eighteen (18) years old who duly fill in the request for registration can participate in the programme. Those older than twelve (12) can participate in the programme on condition that the request for registration is authorized by their legal representatives and this must be duly accredited. Those over two (2) years of age may hold an account under the guardianship of their legal representatives on condition that these accredit this, he is a member of BinterMás and directly arranges the registration. For all purposes, the legal representative will be responsible for the account under guardianship and for the use of the card.

These General Conditions will be understood to be accepted by the participants: on reception by BINTER of the request for registration duly filled in and signed, when the registration is made online and includes the express consent by the participant or as regards the use of the card.

The participants in the Programme will have a physical or virtual card which will record the personal data of the applicant a well as the number of the holder. BINTER reserves the right to admit or reject any registration in the Programme. BINTER reserves the right to withdraw the card, suppress the benefits, cancel the points account and demand accountability from the holder who uses the Programme unduly or fraudulently or repeatedly fails to comply with the rules and procedures contained in these General Conditions.

If the holder wishes, he may terminate his participation in the Programme by notifying this in writing and returning his card. In this case BINTER will destroy all the information concerning this holder, which, as a consequence of his participation in the programme, is contained in its database, only conserving this at the disposal of the Public Administrations, Judges and Courts as regards the possible responsibilities arising from the processing during the period of prescription of this information.

The BinterMás cards are personal and transferable and are owned by BINTER. The holder accepts his dual condition as user and depositary of the card, and is responsible for its correct use and conservation.

There are different types of cards, with or without expiry date. The issue of a determined level of cards will depend on the consumption levels of the holder, as well as the specific agreements of the Programme.

In the event of loss, theft or deterioration of the card, the holder undertakes to notify the Attention Centre of BinterMas in writing, BINTER will not be responsible in any case for fraudulent or undue use which may have been carried out while such notification is not made. The possession of the card does not generate more rights than those expressly recognized in these General Conditions.

The objective of the Programme consists of offering the holders of BinterMás cards a number of benefits regarding the consumption of products and/or services provided by the entities associated to the Programme. The benefits are subject to the conditions duly established by the Programme, the holder must consult the particular conditions applicable for each product/service offered previous to their use. These conditions will always be available on the Programme website.

In order to obtain the advantages of the Programme, the holder must be duly identified by showing his BinterMás card, or through the indication of the code of the holder which is recorded in his card at the time the reservation or check-in of BINTER flights are made, as well as in the companies participating in the Programme. The personnel of BINTER and the personnel of the entities associated to the Programme may request the holder to show a document which accredits his identity. By telephone, the holder must accredit his identity by replying to the identification questions asked by the operator.

The obtaining of points is personal for each holder. The points are not transferable nor exchangeable for cash or other goods not included in the Programme. The points obtained by the holder and not used will expire on March 31 of the third year elapsed since when it was obtained.

The holder can claim points not noted in his account up to six months after the purchase of the product and/or service which give the right to the accrual of points, the points will be credited if the cardholder was already a member of the programme on the date of the flight.

1. RESPONSIBILITY FOR PROCESSING

The organisation responsible for processing the personal data of BinterMás programme members is BINTERCANARIAS S.A. (BINTER), with its address in C/ Ignacio Ellacuría Beascoechea 2, Parque Empresarial Melenara, 35214 Telde, Gran Canaria.

2. DATA PROTECTION DELEGATE (DPD)

Users can contact the Data Protection Delegate at the address lopd@bintercanarias.com.

3. DATA CATEGORIES AND THEIR CONSERVATION AND SECURITY

The personal data for identification, access, location and contact are obligatory. Refusing to provide them or filing them in incorrectly makes participation in the programme impossible. On the other hand, those in the fifth section, “Optional data” (“travel preferences,” “check-in,” “professional,” “frequent flyers” and “beneficiaries”) are voluntary.

Users will be responsible for keeping their data updated and must communicate any change to them to Binter as soon as possible, either using the Web site www.bintercanarias.com.com identifying themselves with the BinterMás user credentials or communicating them in writing to BINTER CANARIAS A/A BinterMás programme, C/ Ignacio Ellacuría Beascoechea 2, Parque Empresarial Melenara, 35214 Telde, Gran Canaria.

If a user provides data on a third party (“frequent flyers” and “beneficiaries”), he/she will be responsible for informing that third party of the purposes and conditions of the data processing in the terms described below. The only purpose of entering these personal data will be reservations management (for “frequent flyers”) and the assigning or granting of points according to the conditions of the programme (for the “beneficiaries”). In either case, BINTER will not process these data for any other purpose.

If a user provides data on a third party (“frequent flyers” and “beneficiaries”), he/she will be responsible for informing that third party of the purposes and conditions of the data processing in the terms described below. The only purpose of entering these personal data will be reservations management (for “frequent flyers”) and the assigning or granting of points according to the conditions of the programme (for the “beneficiaries”). In either case, BINTER will not process these data for any other purpose.

BINTER CANARIAS has adopted the security measures set in current legislation to guarantee the confidentiality and security of the personal data, avoiding their alteration, loss and unauthorised processing or access, taking into account the state of the technology, the nature of the data stored and the risks to which they are exposed, whether from human action or physical or natural means.

4. PURPOSE OF THE PROCESSING, LEGITIMACY AND DATA CONSERVATION PERIOD

BINTER will process the personal data collected with the main purpose of managing users’ membership of the BinterMás programme, on the legal basis of the contractual relationship arising from their condition as members and holders of the BinterMás card. This purpose includes:

• The maintenance and management of the contractual relationship with the programme, including the management of the privileges and advantages for users, the issuing of the BinterMás card and the management of movements (of obtaining and redemption) and of the associated points.
• The maintenance and management of the contractual relationship with the programme, including the management of the privileges and advantages for users, the issuing of the BinterMás card and the management of movements (of obtaining and redemption) and of the associated points.
• Attention to incidents, claims, complaints and suggestions arising from membership of the BinterMás programme.

Likewise, and based on their consent given freely and specifically using the boxes provided on the BinterMás programme membership form, the data provided will be processed by BINTER for the following purposes:

• The preparation of profiles based on personal and travel preferences provided by users or based on data in the historical databases owned by BINTER to contribute to providing a better customised service and a better travel experience.
• The sending of BinterMás programme commercial communications with BINTER promotions, benefits and attention current at any time and, generally, those of the participating companies or any other that offers special conditions for members of the BinterMás programme. The participating companies can be consulted at
• https://www.bintercanarias.com/eng/bintermas/partners-and-promotions

Users may revoke their consent at any time through the private area on the Binter Web site or by any of the means described in the “exercising of rights” section.

Finally, and based on the legitimate interest of the responsible organisation, the personal data of users connected with the BinterMás programme may be processed internally for surveys, market research, commercial reports and draws to improve the BinterMás loyalty programme and BINTER’s services generally and to better attend to users’ expectations and increase the degree of satisfaction and experience.

Users may oppose this processing at any time through any of the means described in the “exercising of rights” section.

5. SENDING OF COMMERCIAL COMMUNICATIONS

If users have purchased a BINTER ticket and have therefore formalised a transport contract with the responsible organisation, BINTER may send them electronic commercial communications referring to similar products or services, based on the prior contractual relationship and in accordance with article 21 of law 34/2002, 11 July, on information society and electronic commerce services.

At any time, users may oppose this processing or request the ceasing of the sending of electronic commercial communications in any of the communications sent according to the instructions included in each sending.

6. CEDING AND COMMUNICATIONS OF DATA

Obtaining and changing BinterMás programme points for services provided by the collaborating companies forming part of the programme at any time implies the need to communicate the user’s data for that purpose, the collaborating organisation being responsible for the management and processing with due guarantees of confidentiality.

Aside from the above, the user’s personal data may be communicated only to public authorities and the police in accordance with the law and on requirement. Binter makes no international transfers of data relating to the BinterMás programme.

7. EXERCISING OF RIGHTS

Users may exercise their rights to access, correction, deletion, limitation of processing, suppression, portability and opposition by writing together with an identity document (such as an identity card, passport or foreigner’s identity card) to BINTER CANARIAS, S.A. Att. Gestión LOPD BinterMás programme. C/Ignacio Ellacuría Beascoechea 2, Parque Empresarial Melenara, Código Postal 35214, Telde, Gran Canaria, Spain or by e-mail to lopd@bintercanarias.com.

Interested parties may contact the Data Protection Delegate directly by e-mail to lopd@bintercanarias.com.

Likewise, interested parties may exercise their rights as being affected in the terms of the regulations and can make a claim to the Spanish Data Protection Agency.

BINTER reserves the right to cancel the BinterMás programme, as well as to modify its conditions at any time and with no previous notice. The conditions in force at any time are posted on the website of the Programme. In the event of cancellation, the holders will be notified of this and, as from the date of notification, they will have an additional month to accrue points and three months to redeem the totality of the points in their accounts. The cancellation of the Programme will not generate any benefit or compensation for the holders of the BinterMás card. BINTER is not responsible for the impossibility to carry out the Programme when this is due to legal impositions or force majeure.

Neither the Programme nor BINTER will be responsible due to any claim deriving directly or indirectly from the contractual or non-contractual relations of the holders and the companies participating in the Programme for the use or acquisition of services/products, advantages or benefits of these companies, regardless of whether these relations have occurred in an operation for obtaining the redemption of points. The Programme will only be responsible for noting points which was not duly carried out on condition that the conditions applicable in each case are complied with.

These General Conditions are completed with the Operative Conditions which contain the procedures for obtaining and redeeming and with the Particular Conditions applicable to each type of operation which are posted on the website of the Programme. The conditions of the Programme will be regulated, complied with and executed in accordance with Spanish laws and rules. As regards any question arising in relation to the interpretation and application of these General Conditions, the parties expressly renounce their jurisdictions and expressly submit to the jurisdiction of the Courts and Tribunals of Las Palmas de Gran Canaria.

Due to their content, if any of the clauses is totally or partially null or inapplicable, it will be considered not to exist and the rest of the content of these conditions will continue to apply.

Obtaining / Accrual of points

The points accrue when the holder is identified with his BinterMás card in the reservation and /or check-in of his flight with BinterCanarias or at the time he uses the service in the establishments of the associated companies.

The points accrue in the holder’s account which is correctly identified with his BinterMás card at the check-in of his flight or in the establishment of the associated companies on condition that his name appears on the airline ticket or on the contract/invoice of the associated company. Regardless of the person who has paid and in accordance with the tariff or service contracted by the client, points will only accrue for the service or product consumed directly by the holder depending on the offer and conditions for obtaining the service or product for BinterCanarias and each of the associated companies which may be checked on the BinterMás website.

Claiming points not noted

The holder can claim that points not noted be included in his account by presenting the documentation which justifies and gives him the right to obtain points. As regards flights, a copy of the ticket or route receipt will be sent together with the boarding pass. Regarding services or products from associated companies, a copy of the contract / invoice will be sent. These despatches must be sent to by post or email and BINTER will not be responsible for their deterioration or loss.

Use / Exchange of points

The services involving points are personal and not transferable. They may be issued in the name of the holder, the beneficiaries (designated in writing and with a maximum of 4) and/or the person accompanying on Binter Canarias flights (passengers with tickets on the same legs / times as the holder and with a maximum of one accompanying person per flight and holder), depending on the offer and the conditions and use in force for BinterCanarias and each of the associated companies posted on the BinterMás website. The issue of a service with points is conditioned by the existence of a sufficient balance in the holder’s account.

The holder must accredit himself as such at the time an exchange of points is carried out in his account. In no case may the holders of accounts with guardianship exchange points. The exchange of points in guardianship accounts may solely and exclusively be carried out by the legal representative of the account of the minor.

The services with points are subject to restrictions, therefore, the holder must be informed of the availability, conditions of issue and use before carrying out the exchange. Exchanges of points are not reimbursable in any circumstances.

On carrying out an exchange of points for an associated company, the holder can obtain an authorization code with which he can make a reservation of BinterMás points charged to the associated company. The generation of the authorization code implies that the corresponding points are subtracted from the client’s account. The authorization code is valid for 3 months, a period in which it must be used in the associated company. Once the period of validity has elapsed, the unused code will automatically expire with no possibility to be reimbursed or used subsequently.