Terms & Conditions of Participation for the Fraport Rewards Program (“Frankfurt Airport Rewards”) – Phase 1

Fraport Rewards Program

Legal notices concerning the "Frankfurt Airport Rewards" program.

Here you will find all legal information about the conditions for participation

1. Applicability

1.1
The Fraport Rewards Program is operated by

Fraport AG
Frankfurt Airport Services Worldwide
60547 Frankfurt am Main
Germany

Registered at the Frankfurt am Main District Court under HRB 7042
VAT ID no.: DE 114150623

Phone: +49 69 690-0
E-mail: info@fraport.de

(hereinafter referred to as “Fraport”).

1.2
These Terms & Conditions of Participation apply to contractual and all similar relationships between participating customers (Participants) and Fraport in the Fraport Rewards Program.

1.3
Fraport reserves the right to modify these Terms & Conditions of Participation, including these supplementary provisions if relevant, and in particular to adjust them to account for any future new legal or technical developments. The most recently published Terms & Conditions of Participation shall apply whenever a Participant registers.

1.4
Changes that confer advantages on Participants or are neutral in this regard shall have immediate effect. All other changes shall be communicated to the Participant in writing at least two months prior to their entry into effect. A Participant shall be deemed to have consented to changes unless he/she objects to them in writing to Fraport within one month; the date on which such an objection is sent shall apply. At the start of this one-month period, Fraport shall notify the Participant of the consequences of his/her actions. If the Participant objects, Fraport will terminate the participation agreement pursuant to number 11.2 below.

1.5
If changes concern services of Fraport, Fraport may implement them only if they are reasonable for the Participant. In particular, changes are reasonable for the Participant if and only if they do not alter either the value or the validity of already acquired reward or status points.

2. Description of the Fraport Rewards Program

The Fraport Rewards Program offers Participants the opportunity to collect reward points when purchasing merchandise and services from Fraport and/or affiliated partner companies at Frankfurt Airport (collectively “Fraport partners”) and redeem them for rewards. A list of the current Fraport partners is available here. The information collected in the process is used to conduct the Fraport Rewards Program and for advertising purposes.

3. Registration for the Fraport Rewards Program

3.1
Any person who has reached the age of majority (18) and is legally competent may participate in the Fraport Rewards Program as a consumer (as defined by section 13 of the German Civil Code), regardless of where he/she resides.

3.2
Participation in the Fraport Rewards Program is free of charge.

3.3
New customers may register on the Fraport online retail platform or the Fraport App (APP) by correctly providing all of the requested personal data, checking the box for participating in the “Fraport Rewards Program”, and then clicking the confirmation link in the e-mail that they subsequently receive from Fraport.

If the user already has a customer account, he/she may register prior to concluding a purchase by checking the “Rewards Program” box and then clicking the confirmation link in the e-mail that is subsequently sent to the indicated e-mail address. Customers who already have a customer account with Fraport may also retroactively register for the rewards program at any time. To do so, they merely have to confirm the Terms & Conditions of Participation while logged in.

3.4
The Participant may review his/her entries at any time during the registration process. He/she may immediately correct any mistakes in the momentarily displayed entry fields or do so in previous entry fields by clicking the browser’s “back” button.

3.5
After the registration process has been completed, Fraport opens a personal reward point account for the Participant, whereupon a contract is concluded between the Participant and Fraport. It is not necessary for Fraport to explicitly notify the Participant of this fact.

After the reward point account has been opened, the Participant may immediately begin using his/her digital membership card, which he/she receives as follows:

  • Via the Fraport App, in the personal rewards account section
  • Via Apple Wallet or Google Wallet, if this has been requested by the Participant

Alternatively, the user can print the digital membership card out via his/her reward point account.

3.6
After the reward point account has been opened, Fraport does not store the text of the contract in a form that the Participant can access.

3.7
If the personal data provided by the Participant while registering should change, he/she shall inform Fraport of the new data without delay.

3.8
As an alternative to registering online, a customer may also receive printouts of the digital membership card from Fraport’s partners. He/she may then already begin collecting reward and status points with these cards. However, the points are not personally credited to the customer until he/she registers online and links the card to his/her customer account. Without this registration, collected reward and status points are only assigned to the individual card numbers.

4. Collection of Reward and Status Points

4.1
In order for the Participant to collect reward points, his/her membership card number must be captured. He/she can enable this by presenting his/her digital or paper membership card when purchasing products (in physical stores only) or by entering his/her customer number before concluding the purchase. In shops at the airport, it is captured by the register systems of the participating retailers. When reserving products on an online retail platform, the membership card is not read and captured until the merchandise is picked up and paid for at the Fraport partner’s physical outlet.

4.2
The number of reward points to be awarded is communicated to Fraport by the Fraport partner and credited to the Participant’s reward point account no later than one month after the purchase.

4.3
The amount of collected reward points depends on the purchases made. Reward points do not have a monetary value. The Participant receives one reward point and one status point for every euro spent.

4.4
Fraport’s partners may also award additional points in connection with special promotions for certain products or to celebrate a particular occasion. It is not possible to collect points for multiple special promotions when purchasing the same product unless this is explicitly permitted in their descriptions.

4.5
Any promotions and campaigns are of a temporary nature and may be terminated by Fraport at any time without the need for it to state any reasons or provide advance notice. The Participant has no legal claim to the holding of promotions or campaigns.

4.6
The Participant cannot collect any reward and status points for purchases of tobacco products, periodicals subject to fixed resale prices in Germany, medications, passenger transportation services to which fixed fares apply, or games of chance.

4.7
Fraport partners are also entitled to exclude at their discretion additional products from the awarding of reward and status points.

4.8
Reward and status points will be retroactively canceled if the transaction underlying them is reversed (e.g. by withdrawing from or revoking a purchase), if an incorrect booking has been made, or if it should be discovered that the Participant or a third party has illegitimately manipulated the point balance. If the Participant has already redeemed canceled reward points, no more reward and status points will be awarded to him/her until the already-redeemed number of points has been reached.

4.9
Reward and status points can only be retroactively awarded if appropriate proof of purchase in writing (e.g. by e-mail) is submitted along with the Participant’s name and membership number, and only as an act of goodwill. In other words, the Participant has no legal claim to the retroactive awarding of points.

4.10
If the Participant uses his/her membership card to purchase products before registering (see number 3.5 above), the corresponding reward points are only credited to a temporary account until his/her actual reward point account is opened. The Participant may not redeem any points until after completing the registration. Reward and status points are not transferable except between accounts held by the same Participant in a demonstrable case of multiple registrations (see number 6.2 below).

5. Redemption of Reward Points

5.1
Participants may redeem their reward points in the reward shop for reward vouchers.

5.2
The individual retailers and partners define the conditions and requirements for redeeming vouchers from the reward shop. Participants may not redeem expired vouchers.

6. Fraport Reward Point Accounts

6.1
Reward point accounts are not transferable unless Fraport gives its permission beforehand.

6.2
In a demonstrable case of multiple registrations (i.e. if the same Participant has multiple reward point accounts as a consequence of registering multiple times), the Participant may request that the customer service combine all of his/her reward points in a single account. All of the other reward point accounts are then closed.

6.3
Participants may check their point balance at any time via the online retail platform or the APP.

6.4
The Participant is regularly notified of changes in his/her point balance on the online retail platform or APP and by e-mail.

6.5
For every full euro spent, the Participant receives one reward point.

6.6
Reward points remain valid for 24 months after being awarded. After this time period has elapsed, they expire and are deleted from the Participant’s account.

6.7
If the Participant wishes to dispute the correctness of his/her point account balance, he/she must do so in writing to Fraport within one month of being notified of a change to his/her account balance (e.g. the crediting, cancelation, or expiration of points). Otherwise the communicated account balance shall be deemed correct. At the beginning of this one-month period, Fraport will notify the Participant of the consequences of remaining silent.

7. Status Levels

7.1
The Fraport Rewards Program distinguishes among three different Participant status levels. Each Participant’s status depends on the number of status points that he/she has accumulated:

  • SMART Status                     =                   1 – 2499 status point(s)
  • COMFORT Status           =                   2500 – 3999 status point(s)
  • EXCLUSIVE Status         =                   4000 or more status point(s)

7.2
The Participant receives one status point for each full euro spent.

7.3
Status points remain valid until the end of the 12th month after being awarded. They are then deleted.

7.4
Participants who reach a higher status level keep it from the end of the calendar year in which they attain the new status until the end of the following calendar year. At that time, Fraport reassesses their status level based on the status points they have acquired during the previous 12 months.

8. Terms of Use

8.1
The website of the Fraport Rewards Program may only be used in the ways intended by Fraport. It is prohibited

  • to use content of the website for commercial or professional purposes without permission from Fraport,
  • to evade or disable functions (e.g. search windows) of the website or to otherwise interfere with Fraport’s website and in particular to take any action that could overload the infrastructure of Fraport’s website, or
  • to block, overwrite, or modify content generated by Fraport.

8.2
In the event of violations of the provisions of number 8.1, either intentionally or by gross negligence, Fraport reserves the right to exclude the Participant from using the offered services and to claim compensation for any damages inflicted.

9. Liability

9.1
Fraport constantly endeavors to ensure that the provided information is complete, correct, and up to date. However, Fraport is only liable to the extent set forth in this section.

9.2
In the event of intentional violations or gross negligence—irrespective of the legal grounds—Fraport shall be liable for damages.

9.3
In cases of simple negligence, Fraport shall only be liable if a substantive contractual obligation is violated, with this liability being limited to providing compensation for damages that are reasonably foreseeable at the time of concluding the contract. A substantive contractual obligation is one that is essential for achieving the intended purpose of concluding the contract and whose fulfillment may typically be expected.

9.4
The limitation on liability stated in number 9.3 does not apply to damages arising from loss of life, injury, or harm to health. Nor does it apply to malicious suppression of information or to cases in which Fraport has provided a guarantee as an exception, or when claims are based on the German Product Liability Law.

9.5
To the extent that Fraport’s liability is excluded or limited, this also applies to the personal liability of its employees, representatives, and agents.

10. Duration of the Fraport Rewards Program

10.1
Fraport is planning to operate the Fraport Rewards Program on a long-term basis. However, Participants have no legal claim to this. Fraport explicitly reserves the right to terminate the Fraport Rewards Program at any time.

10.2
Reward points may be redeemed up to six months after the termination of the program as determined by Fraport.

11. End of Participation in the Fraport Rewards Program

11.1
By making a corresponding declaration to Fraport, the Participant may terminate his/her participation contract at any time with immediate effect without specifying any reasons. If the Participant withdraws in this way, all hitherto collected reward and status points shall lapse with immediate effect. They may not be transferred to any other party.

11.2
Fraport may terminate the participation contract at any time, without specifying any reasons, with four week’s notice to the end of a month. In this case, reward points may still be redeemed until six months after the termination takes effect.

11.3
The right of both sides to terminate the contract for good cause remains unaffected.

11.4
If Fraport terminates the contract for good cause, all reward points lose their validity upon receipt of the termination notice.

11.5
Notices of termination must be in writing to be effective. Alternatively, the Participant may terminate his/her own customer account using the corresponding function.

12. Contractual Language and Applicable Law

12.1
The original German-language version of this contract is legally binding.

These Terms & Conditions of Participation and all legal relationships between Fraport and the Participant are exclusively subject to the laws of the Federal Republic of Germany, excluding all provisions of international and multinational contract law and especially those of the United Nations Convention on Contracts for the International Sale of Goods. If, and to the extent that, the choice of German law causes the Participant to lose protections that he/she would be entitled to under the corresponding legal provisions of his/her country of residence, the laws of that country shall apply.