Understand your rights and obligations as a LATAM Pass member

 

1. General Terms

The LATAM Pass Program (“Program”), developed by  TAM LINHAS AÉREAS S.A. ("LATAM"), CNPJ (“Cadastro Nacional de Pessoas Jurídicas” [National Registry of Legal Entities]) under No. 02.012.862/0001-60, and PRISMAH FIDELIDADE LTDA. (“PRISMAH”), registered with CNPJ under No. 16.549.589/0001-11, rewards LATAM Customers who use LATAM’s air transportation services by enabling a Customer to obtain benefits through recurring purchases of products and/or services offered by the companies linked to the Program (hereinafter “Partners”) as described in these Terms and Conditions.

The MULTIPLUS Network, developed by Multiplus S.A. (“MULTIPLUS”), registered with CNPJ under No. 11.094.546/0001-75, a company incorporated on May 31, 2019 by LATAM, will join its current Rules to the LATAM PASS Rules,  as of  09/30/2019. Thereafter the Rules of both the MULTIPLUS and the LATAM PASS programs shall be called the “LATAM Pass Program Terms and Conditions” or “Terms and Conditions.” This unification includes a full transfer of all rights and obligations established by both the MULTIPLUS and LATAM PASS programs , including, but not limited to, the transfer of a Customer’s existing points balance in either program.

After the inclusion of MULTIPLUS, LATAM and PRISMAH shall jointly manage the Program.  LATAM will centralize the management of (i) the accumulation of points in all segments offered by the Program and (ii) the redemption of airline tickets with LATAM, its oneworld partners and other commercial airline alliances. PRISMAH will be responsible for (i) administering redemption rights and (ii) exchanging points for other products and services available to its Customers through the Program.

1.1 Program Registration. In order to join the Program, the Customer must register through the website www.latampass.com (“Site”) or by other means disclosed by LATAM. Only one registration per Customer is allowed.

1.2 Customer Registration. Any individual over 2 (two) years of age who has registered with LATAM and/or the MULTIPLUS Network (“Customer”) may join the Program, upon full and unrestricted acceptance of the Terms and Conditions of the Program.  A minor aged between 2 and 18 (eighteen) may be a member of the Program provided that a parent or legal guardian has correctly completed the application form to join the Program. 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.

1.3 Customer Number. For Customers who do not have a CPF, 12 (twelve) digit number will be created and informed at the time of registration.

1.4 Customer Information. The Customer is responsible for acknowledging and accepting the Program’s Terms and Conditions and Privacy Policy.  The Customer is also responsible for maintaining updated and current information with LATAM and completing all registration information accurately in order to have access to all Program benefits.  LATAM is not liable, under any circumstances, for any harm or loss resulting from incorrect information presented by the Customer to LATAM as part of registration in the Program or otherwise.

1.5 Customer Country of Residence. In countries where the Program operates, the Terms and Conditions may differ in accordance with local law requirements. The Customer must register with the Program of their country of residence at the time of registration or in the event of a change of address, the Customer is responsible for keeping their country of residence up to date in the Program registration.

1.6 Change of Country of Residence. A change in the country of residence may occur provided that an interval of 06 (six) months between such change requests is observed and upon presentation of supporting documents. The change of residence will result in the transfer of the Customer's registration to the new country of residence, and upon such a change, the Customer knowingly and fully 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 will be adopted.

1.7 Creation and Change of Password. At the time of registration, the Customer will be asked to create a password, according to LATAM’s security rules. A new password may be created at any time by the Customer.

1.8 Customer Personal Use Information. Login information, password and LATAM Pass number is for personal, non-transferable and exclusive knowledge of the Customer.  The Customer has a duty to maintain this information under strict secrecy, not disclosing, supplying or sharing it by any means or form. If the Customer makes their personal use information available to third parties, improper use or access to such information will be the responsibility of the Customer, including liability for damages arising from misuse by third parties, and the Customer releases LATAM from any liability for misuse of the Customer’s personal use information.

1.9 Acceptance of Terms and Conditions. Before registration, the interested party must read the full Terms and Conditions and then confirm their free, express and independent adherence to the provisions of the Program. In case of any total or partial disagreement with these Terms and Conditions, the Customer should abstain from completing the registration with LATAM or cease participation in the Program.

1.10 Acceptance Records. For the purpose of demonstrating the validity of the acceptance of the Terms and Conditions, LATAM may store records of the Customer’s acceptance at the time of their registration and during the period of engagement with the Program and other transactions.

1.11 My Account. The “My Account” environment gathers all information about the Customer, including registration data, points balance and statement, expiration date, products and promotions available, and it is the Customer's responsibility to consult this on the website.

1.12 Program Benefits. Customers may also accrue and/or redeem LATAM Pass points through Program Partners in air transportation, financial institutions, gas stations, retail, hotel, tourism and entertainment services sectors, among others, as disclosed on the Site. 

1.13 Prohibition of Points Assignment. The Points accumulated by the Customers are personal and non-transferable, and it is expressly forbidden to assign them to third parties, in any way, except when purchasing specific products to transfer LATAM Pass Points. In the event of the Customer's death, their account, existing points balance and any Award Tickets issued in the event of a change will be terminated.

1.14 Cancellation and Amendments to the Regulations. LATAM reserves the right to cancel or change the Program and its Terms and Conditions, including airline segment agreements and new ways to redeem Award Tickets, at its discretion subject to applicable laws and regulations.

1.15 Registration Cancellation. The Customer may request, at any time, the cancellation of their registration, through LATAM authorized channels. By requesting the cancellation of their registration, the Customer agrees that their points balance will be canceled, with no refund, indemnity or any claim against LATAM whatsoever.

1.16 Suspension and Exclusion of Registration. All Customers who violate the Terms and Conditions and/or applicable law, and use bad faith, fraud or deception in the accumulation of points and/or redemption of benefits, will be suspended and/or excluded from the Program without prejudice to all applicable civil and criminal liability.

1.17 Cases of Infringement. Because it is not possible to list all possible cases of breach of the Terms and Conditions and acts of bad faith, fraud or deception in the Program, the examples below are merely illustrative:

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

(b)irregular, inadequate or suspicious use and/or conduct that contributes to the occurrence of fraud and/or misuse in accumulating points or redeeming benefits;

(c)the negotiation with third parties about any form of purchase and sale of Reward Tickets;

(d) the 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;

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

(f) providing LATAM Pass number and Program password to third parties; and

(g)other cases not listed in this item, but identified by LATAM as irregular and contrary to the operation of the Program.

1.17.1 In the events listed above, among other irregularities, LATAM may suspend the Customer for a period of 06 (six) months or, depending on the severity of the situation, automatically exclude him/her from the Program. In the event of recurrence of any of the above, the Customer may be permanently excluded from the Program. The penalty will apply to both the Customer who performed any of the above acts and the Customer who assisted or contributed to the practice in violation of the Terms and Conditions. 

1.17.2 During the Customer's suspension period in the Program, the accumulated points will expire on a regular basis.  Points due on a specific date will be counted from the original accrual date.

1.17.3 Exclusion is a definitive penalty, which implies irreversibly losing all Program-related rights, including Program category benefits, such as preferential boarding, additional baggage, cabin upgrade, VIP lounge access and seat reservation without cost, among other advantages and also implies the cancellation of the balance of points, without the waiver of any remedy available to LATAM at law or in equity. 

1.18 Points Cancellation due to Irregularities. LATAM reserves, at its discretion, the right to cancel the points obtained for airline tickets and purchases deemed irregular, as well as to suspend the redemption of the points of non-complying Customers or any other type of irregularity with the Program and the Partners.

1.19 Customer Responsibility. In case of damage or loss to LATAM and third parties, the Customer will be obliged to compensate for the damages incurred, in addition to the penalties provided for in the Terms and Conditions and applicable law.

1.20 Cash conversion. Under no circumstance will accumulated points be fully or partially converted to cash, either as a credit to an account or as a cash withdrawal.

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2. Accumulation of LATAM Pass Points and Qualifying Point

2.1 Accumulation of LATAM Pass Points and Qualifying Points. The points obtained by Customers will be added to My Account, in accordance with the Program rules and registered Partners available on the Site.

2.2 LATAM Pass Points. LATAM Pass points may be accumulated by the Customer who is duly registered and who has joined the Program, as follows: (i) on LATAM, oneworld and alliance flights; (ii) by purchasing the LATAM Pass Club; (iii) by the purchase of products and/or services from Program Partners; (iv) the purchase of facility products such as LATAM Pass Purchase, Renewal and Transfer of Points and others available on the Site; and (v) purchase of LATAM Travel products and services; all in accordance with the rules in effect at the time of purchase.

2.3 Qualifying Points for Category Definition. The Customer will earn Qualifying Points for the eligibility for various categories of the Program, in accordance with the fare paid and the route flown, within one (1) calendar year, i.e. January 1 and December 31, as applicable at the time of the air fare purchase. LATAM Pass Elite eligibility criteria will be posted on the Site.

2.4 LATAM Pass and Qualifying Points Accumulation Holder. LATAM Pass Points and Qualifying Points are non-transferable and personal, and are attributed solely (i) to Customers who make the trip and enter their LATAM Pass number; and (ii) Customers who comply with the rules of the various Partners, as disclosed on the website. In the case of air transportation, the Program will not benefit the payment source of the air ticket, but the beneficial owner.

2.5 Points accumulated with Partner Airlines. When flying on oneworld airlines and partners, Customers may also accumulate Qualifying Points and LATAM Pass Points, provided the Customer informs the partner airline of their LATAM Pass number, in accordance with each airline's rules. The Customer may accumulate LATAM Pass Points to redeem for Rewards and Qualifying Points to reach the Elite categories of the Program. Similarly, this rule also applies to Customers flying LATAM who choose to accumulate points with oneworld airlines and partners. The points accumulation and qualifying rules of oneworld airlines and partners may have their own qualification model.

2.6 Non-Eligibility of Points Accumulation. LATAM Pass Points and Qualifying Points Accumulation will not be eligible for flights with Promotional or Reduced Award Tickets on non-scheduled or free routes by airlines without a partnership agreement, on the payment of any airport taxes and fees, or payments of any other nature, fines and penalties, as well as additional services such as luggage, LATAM+ seats, among others.

2.7 LATAM Pass Points Accumulation Rules. The amount of accumulated LATAM Pass Points is will be calculated according to the fare paid and the leg flown by the Member. The earning of LATAM PASS points will be determined by the country of residence and by the Member’s categories. For purchases made in other currencies, the values will be converted to American dollars, with the calculation of points made according to the value of the fare paid. The conversion into American dollars will be in accordance with the official IATA exchange rate on the day of purchase. The information will be updated on the Website.

2.8 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 accumulation factor (i) in Brazil at 2.5 Qualifying Points per real paid; (ii) in Colombia, 12 Qualifying Points per dollar paid; and (iii) in other countries 9 Qualifying Points per dollar paid. 

2.9 Rules for Accumulating Qualifying Points on International Flights. For international flights, the amount of Qualifying Points to be accumulated 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 dollar paid. 

2.10 LATAM Pass and Qualifying Points Credit Term on LATAM flights. LATAM Flight points will be posted to the Customer's Account no later than seven (7) business days from the date of the flight, provided the Customer has entered his/her LATAM Pass number upon booking, purchase or check-in. The deadline established may be extended in order for LATAM to complete proper validation. 

2.11 LATAM Pass Points Credit Term for non-air segments. LATAM Pass Points accrued 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 on the credit amount of LATAM Pass Points, the Customer must contact the Partner. LATAM is not liable for incorrect information provided by its Partners.  

2.12 Points Request. To request LATAM Pass Points and Qualifying Points for flights taken, the Customer must keep a copy of the airline ticket and his/her boarding pass. These documents must be presented in case of any complaint. If the points have not been credited to the Program or there are disagreements, the Customer may submit to LATAM a new request, within a maximum of 365 (three hundred and sixty-five) days from the date of the flight. Some partners may set shorter deadlines, such as Malaysia Airlines and Iberia Airlines, which limit the document submission time to 180 (one hundred and eighty) days, according to information on the website. After the deadline has elapsed without a request made, the Client will forfeit LATAM Pass Points and Qualifying Points.

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

2.14 Program Partner Transfer Fee. Partners may charge fees for the transfer of points to the Program, relieving LATAM of any responsibility, whether direct or indirect, subsidiary or joint liability for the collection of these from Customers.

2.15 Cancellation of LATAM Pass Points and Qualifying Points. LATAM may cancel the accumulation of LATAM Pass Points and Qualifying Points upon request of the Partner or if the flight was found to be ineligible, not flown or irregular in credit.

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3. Point Redemption

3.1 LATAM Pass Points Redemption. LATAM Pass Points accumulated by the Customer may be redeemed for: (i) issuance of Award Tickets for LATAM flights, oneworld alliance or Partner airline flights; (ii) change of class of service when the ticket is purchased at fares determined by LATAM; (iii) payment of administrative fees related exclusively to the Program; and (iv) products and/or services offered by Program Partners. 

3.2 Points for Redemption. The amount of LATAM Pass Points required to redeem benefits may vary depending on the availability of LATAM products and/or services, promotional campaigns and other variables of LATAM, oneworld alliance, Partner airlines and other Partners. Qualifying Points accumulated by the Customer will be credited to the Customer's account for qualification, but will not be valid for award redemption or for the LATAM Pass point balance.

3.3 Redemption Password. The redemption will be made using a non-transferable personal password registered by the Customer, which may be changed at any time by the Customer. The redemption will be made by using the necessary points to issue awards, according to the rules of the Program. 

3.4 Responsibility for Maintaining the Password. LATAM will not be liable for the improper use of the LATAM Pass number and/or password, including, but not limited to, cases of loss, robbery or theft by any method or means. 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, exempting LATAM from any responsibility for such acts.

3.5 Authorization Code. At the time of redemption, the insertion of an authorization code may be requested, to be sent to the Customer’s telephone number of record. The Customer agrees to keep their contact phone numbers, address, including country of residence, and email duly up to date, as well as to maintain the authorization code received under strict secrecy, not disclosing, supplying or sharing, by any means or form.

3.6 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 posted date will correspond to the date on which the Customer obtained the right to LATAM Pass Points Accrual, which will be credited according to the Partner's processing deadline. 

3.6.1 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 will always be communicated to the Customer in advance in the respective Terms and Conditions of such products and/or promotional campaigns. 

3.7 Award Ticket Redemption. The Award Ticket may be issued on the website, at the Sales Center and other channels made available by LATAM, according to seat availability. The redemption will be subject to the amount of LATAM Pass points available for issuance on the Customer account. If the Customer does not have sufficient balance to issue Award Tickets, the reservation cannot be made, even if seats are available. Once the availability is reserved, issue of the Reward Ticket will be immediate.

3.7.1 All destinations operated by LATAM will be available for redemption 365 (three hundred and sixty-five) days in advance of the flight date. For destinations operated by partner airlines, their own rules will apply.

3.7.2 The points required for Award Ticket redemption may vary due to various factors such as: sections, number of connections available on the chosen ticket, flights, dates, advance redemption, aircraft, service classes, fares, low and high season, sales channels that may be chosen by the Customer, among others. The Client may inquire in advance on the communication channels provided by LATAM.

3.7.3 The effective issuance of Award Tickets will be through debit of LATAM Pass Points, as well as the payment of airport fees, taxes and other services charged by LATAM or its partner airline. The Customer is responsible for verifying that the issue of the Award Ticket has been properly completed with the correct LATAM Pass Points debit, as well as the effective payment of applicable fees and/or services. 

3.7.4 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.

3.7.5 Different fare types will be presented for the Award Ticket redemption as available on the Site and other LATAM channels. The required points tables for Award Ticket issuance will be posted on the Site and may change, except for promotional tables.

3.7.6 All rules for the issuance of Award Tickets on behalf of the member are valid and also applicable in the case of the issuance of Award Tickets by the member for third parties.

3.7.7 For redemption of points on flights operated by LATAM or partner airlines, the Customer may issue either a one way fare, round trip, or both, subject to seat availability and local rules.

3.7.8 The Customer may pay for a specific cabin ticket and board a higher cabin, premium economy or premium business, by redeeming their points (“Upgrade with Points”). The Upgrade with Points will be possible as long as the ticket has been purchased at rates determined by LATAM, depending on the conditions of the segment, the available fare class and the date chosen for the trip.

3.7.9 The Customer may request the following during the validity period of the Award Ticket: (i) segment substitution, for the flight and date based on payment of applicable administrative fee to be paid by the Customer when the new Award Ticket is issued, and the LATAM Pass Points to be reused must be within the 2 (two) year validity period; and (ii) cancellation of valid and unused Award Tickets, with reimbursement of respective Points, as long as it is within a 2 (two) year period, deducted the applicable administrative fee. Redemption and reimbursement of Award Tickets are allowed prior to the flight departure time in accordance with their fare rule.

3.7.10 The Customer will cover the cost of the airport tax, whose charge is determined by the local aviation authorities, and other official fees, taxes and charges of any nature that happen to be instituted by national and/or international authorities, as well as payment of additional amounts for corresponding performance of services through available channels by LATAM for Reward Ticket issue.

3.7.11 The Award Ticket must be used within a maximum and non-extendible period of 365 (three hundred and sixty-five) days from the date of its issue. The non-use of the ticket in the stipulated period will result in its expiration and loss of the respective Points.

3.8 Specific Redemption Conditions. Prior to making any LATAM Pass points redemption, the Customer should consult the rules available on the website and follow applicable guidelines, the operation of which may incur 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 rewards will be set by LATAM and/or the Partner, and may change upon communication through channels made available by LATAM and/or the Partners.

3.9 Account Holder and Third Party Rewards. The Points necessary to obtain advantages from this Program should be obtained by the account holder, and the passenger of the Rewards Ticket may be the holder or a third party indicated by them.

3.10 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 between LATAM and the Partner, and their disclosure will be made by 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.

3.11 LATAM Pass Points Redemption Donations. Donations made by Customers to exclusive Site Partners through the LATAM Pass Points Redemption may not be used to offset any taxes, in particular Income Tax.

3.12 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 these Partners without any LATAM intervention or participation. In this context, LATAM has no responsibility, whether direct, indirect, subsidiary or joint, for such services, products, promotions and incentive programs for commercial loyalty, so that any defect or vice related to them should be attributed to the responsible Partner.

3.13 Redeemed Benefits Information. The Participant understands that all information related to the product and/or service redeemed by the program, including, without limitation to risks, characteristics, peculiarities, delivery times, receipt, withdrawal, among others, shall be verified by the Customer directly with the responsible Partner.

3.14 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 eighteen (18) and civilly capable, as per applicable law. LATAM is not liable for erroneous and/or incoherent information provided by the Customer that, as a result, has access to products or services inappropriate for their age.

3.15 LATAM Pass Points Refund in the Non-Air Segment. LATAM will reimburse LATAM Pass Points, upon request from a Partner and/or Customer, for non-air segments, canceling the Redemption made 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 LATAM Pass Points Redemption by Customers. 

3.15.1 The reimbursement of LATAM Pass Points in non-air segments shall be in accordance with the specific rules of each Partner, and the following cases shall not be refunded:

(a) A Partner product and/or service that, by its nature or characteristics, is not subject to return; and

(b) The Participant's lack of satisfaction with transferring LATAM Pass Points for Partner offers and/or loyalty programs, as once LATAM Pass Points are transferred, the rules of offers and/or destination programs will apply.

3.16 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 position the Customer on filing the complaint. If it is found that the claimed LATAM Pass Points were misused, without the Customer's intent or fault, they will be credited with the same original posting date, i.e. the date of origin of the LATAM Pass Points accumulation.

3.17 LATAM Communication. The customer will receive LATAM communications through their channels, informing Customers of their point balance and information pertaining to the Program. The Customer may also consult LATAM, through its communications channels in order to monitor their point balances, and to obtain other information pertaining to this Program.

 

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4. LATAM Pass Card Categories

4.1 The LATAM Pass Program will make available 5 (five) categories: LATAM, GOLD, PLATINUM, BLACK 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 Members on the Website. The Program may offer exclusive benefits for each Elite category, including the companion, in accordance with what is communicated on the Website.

4.1.1 Due to LATAM's membership in the global oneworld alliance, the categories BLACK SIGNATURE and BLACK will be equivalent to the "Emerald" category of oneworld; PLATINUM will be equivalent to "Sapphire" of oneworld; and GOLD will be equivalent to "Ruby" of oneworld.

4.2 Customers from Germany, Canada, Spain, the United States of America, France, Italy, Mexico, Paraguay, the United Kingdom, and the rest of Europe to be promoted or to remain in the same Card Category must have accumulated between January 1 and December 31 (“Calendar Year”) at least the following points on LATAM and oneworld flights: (i) 15,000 GOLD Qualifying Points (with a minimum of 12,000 Qualifying Points accumulated on LATAM flights or marketed by LATAM); (ii) 40,000 Qualifying Points for PLATINUM (with a minimum of 32,000 Qualifying Points accumulated on LATAM flights or marketed by LATAM); (iii) 75,000 BLACK Qualifying Points (with a minimum of 60,000 Qualifying Points accumulated on LATAM flights or marketed by LATAM); (iv) 160,000 Qualifying Points for BLACK SIGNATURE (minimum of 160,000 Qualifying Points earned on LATAM flights or marketed by LATAM).

4.3 LATAM Pass Club 5,000 or LATAM Pass 10,000 customers who meet all the established requirements will be included in the GOLD category in accordance with Club regulations. If the customer ceases to participate in the LATAM Pass or does not comply with the Club rules, LATAM Pass Program qualification rules will apply to define the customer category.

4.4 Downgrade of levels may occur (“downgrade”), which will always result in a higher level moving to the level immediately lower, according to an evaluation made annually by LATAM, considering Points accumulated during 1 (one) calendar year. 

 

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5. Privacy Policy

5.1 What information does the Privacy Policy collect?

By reading this Privacy Policy (the “Policy”), you are informed of the way in which TAM LINHAS AÉREAS S.A. (“LATAM”) and PRISMAH FIDELIDADE LTDA. ("PRISMAH") collect, process and protect the personal data you may provide through the LATAM Pass Site and those accessible through the domain (“Site”), as well as in any other form or channel provided by LATAM and PRISMAH. Personal data means all information about an identified individual or that allows to directly or indirectly determine your identity.

Member must read this Privacy Policy carefully, which has been written in a clear and simple manner, to facilitate its understanding and so you can freely and voluntarily determine if you would like to provide your personal data to LATAM and PRISMAH.

This policy may be updated at any time by notice on the Site and/or by email, so it is recommended that you periodically review the Site and/or email inbox.

5.2 Who is responsible for processing your data?

The companies listed below (“Companies”) are responsible for processing your data, indicating their emails, for contact and any questions or need for data protection:

  • LATAM AIRLINES GROUP S.A., RUT 89.862.200-2, Avda. Presidente Riesco 5711, piso 19, Las Condes, Santiago de Chile, Chile. E-mail pasajeros.europa@latam.com

  • LATAM Airlines Brasil S.A. (TAM Linhas Aéreas), CNPJ 02.012.862/0001-60, Rua Verbo Divino nº 2001, andares: 3º conj. 31 e 32, 4º conj. 41 e 42, 5º conj. 51 e 52, 6º conj. 61 e 62, 8º conj. 81 e 82, 10º conj. 101 e 102, 12º conj. 121 e 122, 13º conj. 131 e 132, 15º conj. 151, 16º conj. 161, 17º conj. 171 e 172, Edifício Condomínio Espaço Empresarial Nações Unidas, bairro Chácara Santo Antônio, São Paulo, São Paulo, Brazil. E-mail dadopessoal@latam.com

  • PRISMAH FIDELIDADE LTDA, CNPJ 16.549.589/0001-11, Rua Verbo Divino, nº 2.001, 10° andar, Sala 101 Parte A, Chácara Santo Antônio, CEP 04.719-002, São Paulo, São Paulo, Brazil. E-mail dadopessoal@latam.com

The Companies will request, prior to the processing of their customers’ personal data, consent given to this Privacy Policy, where applicable, and for any other situation that requires prior authorization.

5.3 What is the purpose for processing your personal data?

 You are advised that LATAM Pass will process the personal data you provide through the contact forms and account record on the Site for the purposes set out below, to the extent that there is a legal basis for each processing, as explained below:

(a) Ensure Member access and use of the Site.

(b) Manage Member relationship with LATAM Pass and access to the various features available on the Site, such as: consulting and exchanging reward tickets, insurance and the effect of exchange and accumulation of Points in purchases of Products and Services, consulting your account statement, changes to address information, among others.

(c) Prevent fraud; enforcement of information security measures to ensure the adequacy of Member access and use.

(d) Conduct statistical and market studies, including analysis of user behavior in the context of your browsing and creating Member profiles through the integration and set-up of information obtained through cookies or similar technologies.

(e) Inform the user by any means, including the sending of commercial communications; to the email address provided by the Member, of the different products and services available: the purchase and sale of airfare, redemption of travel tickets and other benefits of LATAM Pass, which can be customized according to your profile. You may object at any time to the processing of your personal data for marketing purposes, exercising your right in this regard.

5.4 What is the legal basis for processing your personal data?

The legal basis for processing data for purposes (a), (b) and (c) is the performance of the service agreement.

The legal basis for processing the data for purposes (d) and (e) is the Member’s consent and the legitimate interests of the Companies where applicable, and the exclusion of the processing at the request of the Member at any time, without prejudice to the execution of the contract, is possible. 

Data access rights, data exclusion, portability or non-use of data for purposes of reporting offers may be exercised directly by the Member through the management of the Information in your account and/or cancellation in communication emails, while any other right will depend on evaluation and adoption of other provisions by LATAM Pass.

As to the exercise of the right to portability of your data, this will not involve the transfer of points to another loyalty program or other information other than the registration data.

 

5.5. What are the obligations of the Member regarding the recording of data?

The data requested is generally mandatory for the operation but may also be related to product offers and/or Site services or targeted ads to Member profile. You acknowledge and agree that failure to complete certain personal data may prevent LATAM Pass from providing all benefits attached to such data. During the registration process and completion of the contact form, the Member will be informed of the non-mandatory nature of the collection of some of the data by LATAM Pass.

5.6. How long will we keep your data?

The data will be kept for the time necessary to meet the purposes for which it was collected, unless you request their withdrawal, object to or revoke your consent.

In general, data will be kept for the following periods:

• Documentation associated with Member’s contract: 5 (five) years from the end of your status as a member of the LATAM Pass loyalty program;

• Documentation associated with fiscal and tax compliance: 5 (five) years from the end of the fiscal year;

• Data relating to application records for the performance of obligations under applicable law, in Brazil referring to the Internet Civil Framework (Law No. 12,965): 6 (six) months from the collection of application log data;

5.7. Which personal data will be processed?

LATAM Pass will process the following types of data of members:

• Identification details: Name and surname, number of the CPF for whoever has a record, identity document (type, number, country of issue, validity when applicable), date and place of birth, gender, occupation, marital status;

• Contact information: e-mail address, login, password, contact information, including address and telephone number;

• Data related to the use of website sites: consultation, research and use of services by members, benefits and access to the Site, information on clicks, pages accessed, the following pages accessed after the exit of the Site.

• Member connection log data: access device resources, browser, IP number (with date and time), IP source;

• Facial biometric data: Facial biometry or other applications that may provide security to transactions performed by the Member in order to ensure member legitimacy to request inclusion, exclusion and/or change of registration data and any other transaction that may require such validation.

5.8. Which recipients will we share your data with?

• For Companies for the purpose of managing LATAM Pass.

• Business Partners available for reference on the Site: to use the benefits of LATAM Pass, including but not limited to LATAM Group companies, associated airlines, credit card companies, financial institutions, online retailers, fuel network, travel and tourism, entertainment, hospitality agencies and operators, in order to manage the points accumulated and redeemed by the Members in the Program; make offers related to specific partner sites; evaluate Member profile for targeted campaigns and adherence to a specific product or service; approve the provision of products and/or services to the Member; model credit and propensity to hire products and/or services; offer various products and/or services to Members, such as financial, tourism and entertainment products, retail products, insurance and other services; deliver the products and/or services purchased under the program and other actions related to the Site. To find out who our partners are, go to https www.latampass.com

• Suppliers and service providers that support or assist in the maintenance of LATAM Pass, such as the use of third-party infrastructure services or tools that assist with continuous program improvement. 

• Government authorities, for compliance with applicable law, applicable regulations, government requests, court orders or subpoenas, to protect the rights, property or safety of Members.

• In case of corporate restructurings, it may be possible that member information is shared if the disclosure is made as part of a purchase, transfer or sale of services or assets (e.g., in the case of assets being purchased by another party, member information may be transferred).

 

5.9. Which rights are assigned to you by data protection regulations?

The Member may, upon request to the Companies, attaching a photocopy of the identity document at any time:

  • Revoke granted consents;

  • Obtain confirmation of whether personal data relating to the Member is being processed by LATAM Pass;

  • Access your personal data;

  • Correct inaccurate or incomplete data;

  • Request the exclusion of your data when, among other reasons, the data is no longer needed for the purposes that it had been collected;

  • Request portability of Member-provided data as well as registration data provided;

  • Contact the LATAM Pass DPO via the E-mail Address provided;

  • Request restriction and opposition to data processing and not be subject to decisions based solely on automated processing of your data, in accordance with the regulations applicable to the protection of personal data.

  • Lodge a complaint regarding the protection of your personal data with the competent supervisory authority, when the interested party believes LATAM Pass has violated the rights that are recognized by applicable data protection regulations.

To do so, you must send or send a letter signed by the data owner, attaching in any case a copy of your ID or equivalent document proving your identity and specifying the rights or rights you wish to exercise by writing to the addresses listed in item 5.2.

5.10 How is your personal data protected?

The parties will process Member data at all times in a strictly confidential manner and maintain the duty of secrecy on them, in accordance with the provisions of applicable regulations, adopting the technical and organizational measures necessary for the security of your data and preventing their change, loss, processing or unauthorized access, taking into account the state of the technology, the nature of the stored data and the risks to which it is exposed.

5.11 What is your responsibility for the data you provide us?

The Member warrants that data provided to LATAM Pass is true, accurate, complete and up to date. For those purposes, the Member responds for the truth of the data he/she communicates and will keep them updated appropriately so he/she responds to his/her current situation.

Member shall be responsible for any false, excessive or inaccurate information that the member provides through the Site and for damages, direct or indirect, that this causes to LATAM, PRISMAH or to third parties.

If you provide data of a third party, you declare to have their consent if it is mandatory and undertake to transfer to the interested party, owner of that data, the information contained in the Policy, exempting LATAM Pass, of any Liability in this regard. However, LATAM Pass may perform the checks necessary to verify that fact, adopting appropriate due diligence measures according to data protection regulations.

LATAM Pass will ensure the appropriate use of personal data of minors, ensuring compliance with laws that apply to them, with reasonable appropriate measures. However, LATAM Pass will not be responsible for the personal data provided by minors that are not at least at a legal age under current regulations to be able to consent to the processing of their personal data on an individual basis without the prior consent of their parents, persons responsible or legal representatives.

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6. Conditions of Use

6.1 Issues related to the confirmation of the identity of the Member.

Considering the security of the personal information collected and the guarantee to make requests, LATAM Pass may sometimes request the change of registration and/or redemption of points by the participant, a password for their exclusive use, called the Two-Factor Authentication (2FA), sent by Short Message Service (SMS) or voice-recorded message, to a telephone number of your choice, registered at LATAM Pass, recognition by facial biometry or any other tool that he will be available to ensure the security of the Member.

6.2 Information collection about using payment methods.

In the case of purchase of services to pay for the services offered and the premises of LATAM Pass Club, such as purchase, renewal and transfer of points and others, LATAM Pass will use a third-party online payment service ("Payment Service"). LATAM Pass does not store or store bank traffic information, such as credit card number or verification code, among others.

LATAM Pass has no control over the process of approving or cancelling payments because this is solely the responsibility of the payment service. LATAM Pass will receive payment service information on the status of your payment process.

6.3  Email Communications Information

LATAM Pass, at all times respecting the Member’s privacy, only sends e-mail messages to: a) report on the balance of points; b) r Alerts, confirmations or cancellations of requests, purchase, accrual and redemption of benefits; and c) for promotional communications of according to the interests of the Member.

Promotional communications contain offers from LATAM Pass program partners, which can be sent to members. The frequency of the sending may vary according to member interaction with the emails. The member at the time of acceptance agrees to receive such advertising information from LATAM Pass

If you no longer wish to receive emails, (i) simply select the "unsubscribe here" option in the footer of each email to be redirected to the cancellation confirmation page; or (ii) under "My Account", select "My Registration" and "Contact Details"

Fake emails are circulated on the Internet, called Phishing, on behalf of LATAM Pass or its business partners to induce customers to share information such as passwords, credit card information, personal information, and more, with malicious people. These messages do not come from LATAM Pass or its business partners. LATAM PASS does not send emails with requests for confidential information, passwords, credit card numbers and others. Therefore, you must never provide personal information in response to emails sent, supposedly, on behalf of LATAM Pass, and not respond in any case to the case.

6.4 Automatically collected information and cookies

LATAM Pass may also collect some information automatically, including electronic network activity. It is permissible for selected third parties to add cookies through the Site to provide the program with the best information about the use of the Site or the location of the Member or advertising relevant to the Member. Such third parties may collect information about the Member’s online activities on different sites from the time of Site access. LATAM Pass may receive information about the third party Member to conduct security checks, offer more adequate offers for the Member profile and promote third-party engagement in the program.

 

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7. Validity of the Program and Terms and Conditions

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 nominated 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 regardless of the Customer's prior consent, to include, exclude or modify the participation of Accumulation and/or Redemption Partners in the Program. 

7.3 Official Time of the Country. The official time will be considered as valid, 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 Ttransport that occurs as a result of the use of a Prize 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 in the 1st Notary of Registry of Titles and Documents of the city of São Paulo, Brazil, and replaces and cancels those previously registered.

7.7 Validity Term of the Terms and Conditions. This Terms and Conditions document will be effective from 09/30/2019.

 

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