Terms of Participation in MilesPay
All references to persons in this document are meant to cover both genders.
1. Subject Matter
1.1 The MilesPay Program (“MilesPay”) of Swisscard AECS GmbH (“Swisscard”) makes it possible to pay for transactions using the Swisscard’s SWISS Miles & More cards (“Transactions”) by redeeming miles from the Miles & More Bonus and Loyalty program. The “Terms of Participation in MilesPay” (“Terms of Participation”) regulate the conditions.
1.2 The Terms of Participation apply supplementally to the other provisions applicable between Swisscard and the Cardholder, particularly the applicable General Terms & Conditions of Swisscard (“GTCs”) and the further product and service terms and conditions. In the event of discrepancies between the GTCs and the Terms of Participation, the Terms of Participation shall take precedence.
2. Eligibility Requirements, Activation and Cancelling of MilesPay as well as Notifications
2.1 The SWISS Miles & More card products eligible for MilesPay (“Card(s)”) can be found on www.miles-and-more-cards.ch or can be requested from after-sales service.
Swisscard may increase or decrease at any time the set of cardholders eligible for MilesPay, the eligible cards and the redeemable miles. In addition, Swisscard may require registration of the Cardholder for Swisscard Digital Services (e.g., the Swisscard app) in order to use MilesPay.
2.2 Swisscard shall notify eligible Cardholders regarding MilesPay by appropriate means and automatically activate them for MilesPay. An activated Cardholder is referred to as “Participant” hereinafter. If the Participant does not immediately cancel, the Participant consents to the Terms of Participation, particularly:
- a) That for Transactions selected by Swisscard, Swisscard will consult the Participant’s miles balance on the Miles & More account linked to the Card, and
- b) That Swisscard may provide the Participant with offers for complete or partial payment of the Transaction by redeeming miles (the “Offer”). This will occur at Swisscard’s option either through Swisscard Digital Services (e.g., the Swisscard app) or other communication channels provided by Swisscard.
The Miles & More account linked to the Card is the Miles & More account that Swisscard opens for the Participant at Miles & More upon submission of the card application, or that the Participant communicates to Swisscard in the card application or in the further course of the card relationship.
2.3 The Participant can cancel MilesPay at any time using the procedure provided by Swisscard (e.g., by switching off MilesPay in Swisscard Digital Services [e.g., the Swisscard app]). Following a reasonable time period for processing the cancellation, Swisscard will no longer deliver any Offers to the Participant.
Offers not yet expired at the time of cancellation shall remain valid until they expire. If an Offer is accepted within the offer period after cancellation of MilesPay, these Terms of Participation shall apply despite the cancellation.
Offers accepted by the Participant prior to cancellation may still be displayed in Swisscard Digital Services for a limited time even after cancellation. The Cardholder may reactivate MilesPay using the procedure provided by Swisscard (e.g., in Swisscard Digital Services) at any time.
2.4 Swisscard will notify the Participant of Offers in Swisscard Digital Services (e.g. by push notification; “Notifications”). If the Participant switches off the notification function, Offers will nevertheless be created.
2.5 Swisscard retains the right to terminate or suspend MilesPay as a whole or for Participants at any time without notice and without giving reasons.
3. Transaction and redeeming miles using MilesPay
3.1 Only award miles (not status miles) of the Miles & More Bonus and Loyalty Program can be used for MilesPay. The beneficial ownership of the miles used for MilesPay must correspond to the statements made by the Participant to Swisscard regarding the beneficial ownership of the card account.
3.2 The Offer may include at least the following Transaction-related information:
- a) the name (or company name) of the dealer at which the Transaction was performed;
- b) date and amount of the Transaction;
- c) the Participating Cardholder's current mileage on the Miles & More account linked with the card; and
- d) the number of necessary miles (for the credit entry on the card account) for full and/or partial settlement of the selected Transaction through redemption of miles;
- e) the validity period of the Offer.
3.3 The Participant may accept the Offer pursuant to the terms and conditions set forth in the Offer and these Terms of Participation. Insofar as provided for in the Offer, the Participant can choose which portion of the Transaction he pays using miles.
3.4 If the Participant accepts the Offer in a timely manner, Swisscard will debit the number of redeemed miles from the Miles & More account linked with the Card and credit the amount in CHF corresponding to that number of miles to the Cardholder’s card account. The credit generally occurs on the next business day with display in the transaction summary in Swisscard Digital Services and in the next monthly statement, and the miles are debited on the same day. As a Miles & More member, the Participant will be able to view the corresponding debit from the Miles & More account in the same way as any other redemption of miles, in accordance with the rules under the Miles & More general terms and conditions.
3.5 No miles will be collected on that portion of the Transaction that is paid by redemption of miles.
4. Reversal of MilesPay Transactions
4.1 Reimbursement of used MilesPay miles can only occur in the following cases:
- a) The Transaction itself is reversed (e.g., in case of fraudulent use of the Card);
- b) There are insufficient miles in the Miles & More account;
- c) The Participant is not authorized to use the Miles & More account.
4.2 In these cases, Swisscard cancels the credit and credits the redeemed miles back to the previously charged Miles & More account.
5.1 There is no charge for using MilesPay.
5.2 Otherwise, the fees communicated separately to the Participant apply.
5.3 The fees under the contractual relationship between the Participant and his network operator (e.g., Internet provider or mobile provider) shall apply to the Participant’s online data transmission (including roaming), sending replies from the Participating Cardholder to Swisscard, and to the network operator’s other services.
6. Responsibility and liability
6.1 Swisscard assumes no responsibility for the Miles & More Bonus and Loyalty Program itself or for the services, actions and omissions of the operator(s) of Miles & More (“Miles & More Operator”) or of the network operator (e.g., the Internet provider or mobile provider). Swisscard is particularly not responsible for the accuracy of the mileage indicated in the Miles & More Bonus and Loyalty Program.
6.2 In all other respects, the provisions of the GTCs governing responsibility and liability shall apply.
7. Data Protection
7.2 Swisscard and the Miles & More operator may exchange information within the scope of MilesPay to the extent necessary, particularly for the following purposes:
to ensure that the Participant is a Miles & More member (e.g., by notifying Swisscard through Miles & More upon expiration of the Miles & More membership) and to compare their shared customer’s data (e.g., Miles & More member number);
to access the mileage (e.g. check of whether the Participant has sufficient miles for a Transaction and debit of miles in the Miles & More account when a Swisscard Offer is accepted by the Participant);
to prevent misuse and fraud and ensure compliance with supervisory regulations (e.g., information about the origin of the miles as part of combating money laundering and terrorist financing).
7.3 The general terms and conditions of the Miles & More Bonus and Loyalty Program may stipulate that the data mentioned in section 7.2 may be procured, processed and transferred for other purposes by the Miles & More Operator. Swisscard is not responsible for this data processing.
8. Changes to the Terms of Participation
8.1 The currently applicable Terms of Participation may be accessed at www.swisscard.ch and/or in Swisscard Digital Services (e.g., the Swisscard app) or may be requested from Swisscard.
8.2 Swisscard can amend the Terms of Participation at any time. Swisscard shall inform the Participant thereof in an appropriate manner:
By providing the most current Terms of Participation within the scope of an individual Offer: By accepting the Offer, the Client also accepts the amendment of the Terms of Participation; or
By separate notice to the Participant (e.g., by SMS, e-mail, or through Swisscard Digital Services [e.g., the Swisscard app]): The Participant may accept the amendment by notice to Swisscard (e.g., using Swisscard Digital Services). The amendment shall also be deemed to have been accepted insofar as the Participant does not cancel MilesPay within the notice period according to the change notice.
Contact Information for Swisscard
Company name and address: Swisscard AECS GmbH, PO Box 227, 8810 Horgen
Governing law and place of jurisdiction
The applicable law and place of jurisdiction shall be determined according to the provisions of the GTCs.