Terms of Participation in Pay with Points

All references to persons in this document are meant to cover both genders.

1. Subject Matter

1.1 The Membership Rewards bonus and loyalty program (“MR Program”) of Swisscard AECS GmbH (“Swisscard”) enables transactions concluded using Swisscard cards (“Transactions”) to be paid for by redeeming points from the MR Bonus and Loyalty Program. The “Terms of Participation in Pay with Points” (“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 Membership Rewards Terms of Participation (“MR Terms”) as well as the further product and service terms and conditions. In the event of discrepancies between the Terms of Participation and the GTCs or the MR Terms, the Terms of Participation shall take precedence.

2. Eligibility Requirements, Activation and Cancelling your Pay with Points Membership, Notifications

2.1 The card products eligible for Pay with Points (“Card(s)”) can be found on www.americanexpress.ch or can be requested from customer service.

Swisscard may increase or decrease at any time the set of cardholders eligible for Pay with Points, the eligible cards and the number of redeemable points. In addition, Swisscard may require registration of the Cardholder for Swisscard Digital Services (e.g., the Swisscard app) in order to use Pay with Points.

2.2 Swisscard shall notify eligible Cardholders regarding Pay with Points by appropriate means and automatically activate them for Pay with Points. 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 that Swisscard may provide the Participant with offers for complete or partial payment of the Transaction by redeeming points (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 MR Account linked to the Card is the MR Account that Swisscard opens for the Participant at MR 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 Pay with Points at any time using the procedure provided by Swisscard (e.g., by switching off Pay with Points 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 Pay with Points, 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 Pay with Points 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 Pay with Points as a whole or for Participants at any time without notice and without giving reasons.

3. Transaction and redemption of points via Pay with Points

3.1 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 Participant’s current points total on the MR account linked with the card;
d) the number of necessary points (for the credit entry on the card account) for full and/or partial settlement of the selected Transaction through redemption of points; and
e) the validity period of the Offer.

3.2 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 points.

3.3 If the Participant accepts the Offer in a timely manner, Swisscard will debit the number of redeemed points from the MR Account linked with the Card and credit the amount in CHF corresponding to that number of points 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 points are debited on the same day. As an MR member, the Participant will be able to view the corresponding debit from the MR account in the same way as any other redemption of points, in accordance with the MR Terms.

3.4 No points will be collected on that portion of the Transaction that is paid by redemption of points.

4. Reversal of Pay with Points transactions

4.1 Reimbursement of used Pay with Points points 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 points in the MR Account;
c) The Participant is not authorized to use the MR Account.

4.2 In these cases, Swisscard cancels the credit and credits the redeemed points back to the previously charged MR Account.

5. Fees

5.1 There is no charge for using Pay with Points.

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 Participant to Swisscard, and to the network operator’s other services.

6. Responsibility and liability

The provisions concerning responsibility and liability pursuant to the GTCs as well as the further product and service terms and conditions (particularly the “Terms and Conditions of Use of Swisscard Digital Services” and the MR Terms) shall apply.

7. Data Protection

7.1 The processing described in these Terms of Participation of information relating to the Participant, namely, client, Card, and transaction data as well as data relating to the MR Program (hereinafter “Client Data”) shall be governed by the GTCs as well as the product and service terms and conditions (particularly the “Terms and Conditions of Use of Swisscard Digital Services” and the MR Terms). Further information about processing of Client Data is available in the Privacy Policy, the latest version of which can always be viewed at www.swisscard.ch/dataprotection or requested from Swisscard.

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:

a) 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
b) 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 Pay with Points within the notice period according to the change notice.

9. Contact Information for Swisscard

Company name and address: Swisscard AECS GmbH, PO Box 227, 8810 Horgen

Website: www.swisscard.ch

10. Governing law and place of jurisdiction

The applicable law and place of jurisdiction shall be determined according to the provisions of the GTCs.

Version of 06/2021