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The “Premium Benefits” rewards and loyalty programme of the company BGL BNP PARIBAS SA, 50 avenue JF Kennedy L-2951 Luxembourg, Companies and Trades Register Luxembourg: B 6481 - VAT LU 10875081 (the “Bank”) is offered to the Customers of the Bank by the company Affinion International BV, a Dutch company with capital of 136,134 euros registered under No. 300 74 840, the registered office of which is at Nieuwe Stationsstraat 10, 6811 KS Arnhem (“Affinion International”).

These general terms and conditions of use (“General Terms and Conditions”) set out the conditions under which the “Premium Benefits” Programme, which provides rewards and access to exclusive and/or attractive events, is offered to holder(s) of a Mastercard World Gold, Gold Priority, Platinum or Elite card issued by the Bank (“Customer(s)”).

Affinion International reserves the right to adjust or modify the General Terms and Conditions at any time. In case of modification, the version of the General Terms and Conditions in effect on the date the Order was placed will be applied to each Order, the last date of publication being indicated under the heading “General Terms and Conditions of Use.”

Membership in the Programme involves the full acceptance of the General Terms and Conditions and any additional terms and conditions relating to Offers proposed under the Programme and communicated on the Programme site before an order is placed.

 

Summary

1. Definitions

2. Access to the Programme Site

3. Description of Offers

3.1 Categories of Offers

3.2 Access to offers

3.3 Modification of Offers

3.4 Conditions applicable to each Offer

4. Procedure for registering Orders

4.1 Eligibility of the Member

4.2 Selection of the Offer

4.3 Registering the Order

4.4 Payment for applicable Orders

4.5 Confirmation Email

4.6 Processing of the Order

4.7 Provision of Offers and performance of services

5. Proof of the Order             

6. Withdrawal

7. Claims

8. Privacy Statement

9. Intellectual Property

10. Liability

11. Miscellaneous

12. Duration

13. Applicable Law

 

1. Definitions

Member: means a natural person who is a Customer of the Bank, holder of a Mastercard World Gold, Gold Priority, Platinum or Elite card issued by the Bank, who has validly activated his Premium Benefits account on the Premium Benefits website.

Card(s): means the credit card(s) issued by the Bank(s) associated with the “Premium Benefits” Programme (Mastercard World Gold, Gold Priority, Platinum or Elite).

BGL BNP Paribas Digicash: means a mobile payment application offered by BGL BNP Paribas to its Customers. This service, named "Digicash", allows Customers to make payments securely from their current accounts using a mobile phone or other compatible device that has the BGL BNP Paribas Digicash application installed on it.

Customer: means an individual customer of the Bank, a natural person of the age of majority, holder of a Mastercard Gold, Gold Priority, Platinum or Elite Card issued by the Bank.

Order: means any request made by a Member via the Programme Site to benefit from an Offer made under the Programme.

Confirmation Email: means the email sent by Affinion International to the Member after each Order is placed and confirming to the Member the processing of said Order, an email being sent to the email address he or she had indicated when joining the Programme.

Force Majeure: means any event beyond the control of the Party affected, making it impossible to perform his obligations under Articles 1147 et seq. of the Luxembourg Civil Code.

OfferSpecial offer: The Premium Benefits offer groups together all the advantages with our retail partners along with exceptional events at exclusive rates in the world of Culture and Lifestyle, Gastronomy, Sport and Well-being, and Travel. The offer is available to members through Affinion International and/or its partners within the scope of the programme

Partner: means a company partner of the Programme, who makes one or more Offers to the Members.

Programme: means the “Premium Benefits” loyalty program offered by the Bank to the Customers through Affinion International. It includes a set of Offers from Partners, available through the Programme Site once the Member has identified himself.

Programme Site: means the Internet website dedicated to the Programme, developed by Affinion International for the benefit of Members of the Programme, available from the address http://www.premium-benefits.lu. It allows i) users to view the content of the Programme and the Offers it features and ii) Members to view and place orders for the Offers that are available to them under the Programme. The Programme Site is the property of Affinion International, who shall publish it.


2. Access to the Programme Site

Offers are reserved for Members of the Programme who have first validly activated their account on the Programme Site. A Member who has validly activated his account within the meaning of these General Terms and Conditions is a Customer that has i) activated his Premium Benefits account online on the Programme Site with the activation code provided by the Bank after a Card contract has been entered into and ii) received in return a membership confirmation by email.

To this end, the Customer must first of all enter his activation code from the Programme Site page provided for this purpose. Each activation code is unique, rendered anonymous and linked to the Customer’s account in the books of the Bank. Use of this activation code allows Affinion International to be aware of the Customer’s activation of the Customer’s Premium Benefits account. The Customer agrees that the Bank will provide to Affinion International information such as the type of Card purchased and the aggregate amount of the transactions he has made with the Card to enable Affinion International to determine which Offers the Member may access and the amount of the Bank’s contribution for “events” type Offers. 

At this time Members will be asked to complete their personal information (certain information is required such as First Name, Last Name, Address, Email Address, Responses to a secret question, others being only optional, such as Phone Number or Date of Birth); to create a login (email address) and a password; to accept the General Terms and Conditions; and, if desired, to consent to receive commercial communications under the Programme by email.

Once these steps are taken, the Customer will become a Member of the Programme. An email will be sent within forty-eight (48) hours to confirm his membership in the Programme He may then connect through his Personal Space to the Programme Site (from which he may modify, where appropriate, his personal information, login and password) and access Offers.

Whenever a Member wishes to subsequently access Offers from the Programme Site via his Personal Space, he will indicate his login and password on the Site’s login page provided for this purpose.


3. Description of Offers

3.1 Categories of Offers

Affinion International has selected in collaboration with the Bank, a certain number of Partners, who make Offers to Members of the Programme allowing them to enjoy attractive, unique or exclusive rewards or events.

3.2 Access to offers

Premium Benefits offers are reserved for members of the programme, who are holders of a Mastercard World Gold, Gold Priority, Platinum or Elite card issued by the bank and who have activated their Premium Benefits account.
Should a member have separate accounts with the Bank (e.g. a personal account and a joint account) with different Mastercard World cards attached to them, the advantages and offers proposed under the Premium Benefits programme cannot be cumulated from one account to the other.

Access to “event” offers depends on the type of card the member holds, the price depends on the amount of the Bank’s participation (kitty), which in turn depends, in particular, on the use of the card (amount of transactions carried out using said Card). To define the amount of the kitty, the Bank shall provide Affinion International with the activation code it gave to the Client for the purposes of the programme, the type(s) of card(s) held by the Client and the aggregated value of transactions for each type of card.
If a member has not used their card or the BGL BNP Paribas Digicash application to carry out transactions, “event” offers will also be available, but without any participation (kitty) from the Bank (i.e. at the face value of the offer).
Transactions made with the card or by Digicash will be counted and integrated on a weekly basis. Transactions made with the Card or Digicash and then cancelled will not be included in the calculation of the kitty. Each card or Digicash transaction is taken into account within the scope of the programme during a 24-month sliding period. In the event of loss or theft of the card, the transactions carried out prior to the loss of the card will be carried forward onto the new card. In the event of loss or theft of the smartphone and/or closure of the Digicash Agreement, the transactions carried out with Digicash will remain in the accounts and carried forward.
Offers will remain accessible to the member for 3 months from the date of cancellation of the card.

3.3 Modification of Offers

The list of Offers made on the Programme Site may be changed at any time without notice, as well as the nature, content or price of the Offers. The nature, content and price of an Offer cannot, however, be changed once an Order has been placed for the Offer.

3.4 Conditions applicable to each Offer

Each offer shall be subject to specific conditions that will be communicated to the member before any orders on the Programme website can be made (e.g. eligibility conditions, rates, number of orders per member, period of validity of the offer, etc.). The general terms of the programme partners who provide all or part of the offer will also apply. They will be available on their respective websites via links on the programme site. An order for an offer equals acceptance of the general terms of the partner responsible for said offer.

As the rate applicable to each “event” offer depends on the amount of the Bank’s participation (kitty), which in turn depends on individuals and personal settings relative to the card held by the member and the use the member makes of the card (amount of transactions made using the card), the member acknowledges and agrees that each offer available to the member has been personalised for that member and cannot be passed to another person.

If a member has not used their card, “event” offers will also be available, but without any participation (kitty) from the Bank (i.e. at the face value of the offer).

The offers are proposed within the limits of the available stock and places.


4. Procedure for registering Orders

4.1 Eligibility of the Member

Offers are reserved for the personal use of the Members and may not be pooled in bulk purchasing for collective, business or professional purposes, any resale being also strictly prohibited.

The Member who joins the Programme guarantees that he has full legal capacity to adhere to the Terms and Conditions and to enter into a contract with Affinion International.

In addition, for payments by card, the Member warrants that he is fully authorized to use said card and that it has sufficient supply of funds to pay for the Order.

4.2 Selection of the Offer     

The Member can view the Offers in which he is interested on the Programme Site, by first connecting to his Premium Benefits account on said Site.

The Member who wishes to benefit from an Offer will select this Offer. He will then either be redirected to the Programme Site’s order page that will allow him to place an order for the selected Offer or directed to the website of the third-party Partner responsible for the Offer.

4.3 Registering the Order

In his Order, the Member agrees to provide the personal information required to process the Order, such as the delivery address, and to verify the accuracy of the information entered while placing the Order before confirming the Order. 

After confirming the order the first time, the Member will see an order confirmation page displayed with a summary of his Order and the total price of the Order, where applicable. The Member will be able to correct his order or any errors and must confirm his Order again. 

Affinion International and the Partners shall in no way be held responsible for any errors entered by the Member or the consequences thereof (delays or errors in processing the Orders), the costs of shipping or reshipping being in such case borne by the Member.

4.4 Payment for applicable Orders

When the Order requires payment from the Member, the advertised prices are expressed in euros inclusive of tax and payable in euros only.

It is possible that for certain Offers the Member must pay a flat fee for shipping and processing of the Order, the amount of which will be specified on the order page of the Offer.

The Member will pay online in accordance with the payment procedures set up by Affinion International on the Programme Site.

4.5 Confirmation Email

Whatever the Offer for which an Order has been placed, the Member will receive a Confirmation Email informing him that his Order is entered in the accounts and is being processed by Affinion International and/or the Partners, including a summary of his Order.

4.6 Processing of the Order

Orders will be processed, according to availability indicated, in the order in which they are received.

All Orders are registered and considered firm and final:

i) After confirmation of payment of said Order by Affinion International when a payment is required to place an Order for the Offer,

ii)             When the Member has confirmed the placing of the Order for the Offer online when no payment is required to take advantage of the Offer.

4.7 Provision of Offers and performance of services

a) Once the Order is considered firm and final, the Member will be able to benefit from the Offer according to one of the four procedures listed below and as indicated to the Member in the Confirmation Email:

1.The provision of an electronic ticket or “voucher,” which will be sent to the email address provided by the Member in the Order address;

2.The provision of promotional codes (unique or generic) on the Programme Site or on the sites of Partners on which the rewards are already integrated;

3.When a member places an order, a paper ticket or exchange voucher is posted to them at the address indicated, prior to the event/service stipulated in the offer. Gift vouchers can then be used with the partner concerned,

4.The registration of the Member (or any person that the Member has registered, if applicable) on a predetermined list specifically for the Offer which will allow registrants, upon presentation of identification, to benefit directly from the benefit included in the Offer or to pick up a ticket at the counter for this purpose;

5.The communication, within twenty -four (24) hours of the Order, of a promotional code sent by email to the email address specified by the Member in the Order on the Programme Site.   

b) If the delivery date of the tickets announced in the Confirmation Email or in these General Terms and Conditions is exceeded by more than seven (7) days or the delivery date of the ticket sent by postal mail is after the date provided for the performance of the service included in the Offer, if said delay is not due to a Force Majeure event or an unforeseeable event of a third party, the Member may cancel his Order and request a refund by registered letter with acknowledgment of receipt within sixty (60) days of the date of delivery initially planned, to be sent to:Affinion International - Service Premium Benefits CS 60207 – 75084 PARIS Cedex 02 (France). The refund will be made by crediting the Member’s Premium Benefits account and/or crediting in accordance with the payment method used when the Order was made (it being understood that all monies paid from the Premium Benefits account will be fully and automatically credited to this account) within thirty (30) days of the date of receipt of the claim for refund.

 

5. Proof of the Order         

Validation and confirmation of his Order by the Member, as well as information on his credit card details when payment is required to qualify for the Offer, constitute proof of the Order. They make amounts due under the Order payable, where applicable.


6. Withdrawal

If the Member has placed an Order for an Offer directly from the Programme Site (and not from a Partner) and where the latter has a right of withdrawal under the law applicable to the Offer as a consumer in accordance with Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I), the Member may exercise this right of withdrawal by sending an email to contact@premium-benefits.lu or by postal mail to: Affinion International - Service Premium Benefits CS 60207 – 75084 PARIS Cedex 02 (France) within the period prescribed by laws applicable from the date of receipt of the Confirmation Email to exercise his right of withdrawal and thus cancel the Order without having to give any reason or pay penalties.

In this case, the amounts received under the Order placed will be fully refunded to him without penalty, except the cost of returning the tickets or countermark(s) which remain the responsibility of the Member. Tickets or countermarks must be returned by postal mail to the address: Affinion International - Service Benefits Premium CS 60207 – 75084 PARIS Cedex 02 (France).

The refund will be made by Affinion International within a maximum of thirty (30) days from the date of receipt by Affinion International of the Member’s request for withdrawal.

Save in the special conditions mentioned on the Site or on the websites of the Partners, the right of withdrawal applies in accordance with the conditions of the applicable legislation.

It should also be noted that for any Offer for which an Order has been placed from a Partner or provided by a Partner, in whole or in part, the general terms and conditions of the Partners shall apply in addition to these Terms and Conditions and are available from the Programme Site.


7. Claims

All claims relating to Offers for which an Order has been placed via the Programme Site should be directed to the following postal address: Affinion International - Service Premium Benefits CS 60207 – 75084 PARIS Cedex 02 (France), while emails should be sent to contact @ premium-benefits.lu.


8. Privacy Statement

The personal information that the Member provides ( “Personal Data”) is subject to data processing intended for use by Affinion International (who will thus be responsible for this processing), to register Members, monitor and manage membership, register and monitor Orders, take charge of the commercial management of the Member’s records and ensure the quality of interaction with Customer Service. Subject to legal or regulatory requirements, the Personal Data collected is not intended to be disclosed to third parties other than the companies the intervention of which is necessary to achieve one of the contemplated outcomes, including in particular contractors and subcontractors of Affinion International. It is specifically stated in this context that the processing of Personal Data will be managed in France by Affinion International and its subcontractors.

Personal Data will be stored securely and will be kept for a period that is reasonable and necessary for the execution of the Orders under the Programme or in accordance with the legal or regulatory obligations of Affinion International.

Depending on the choices made by the Member when creating or consulting his Premium Benefits account, the Member will likely receive offers or communication  from Affinion International (only if the Member has given consent by ticking the box provided for this purpose) by mail. If the Member no longer wishes it, he may at any time make a request to Affinion International by email sent to the following address: contact@premium-benefits.lu. 

According to the legislation on personal data protection in force, the Member has a right of access, rectification and deletion of the Personal Data concerning himself. If he wishes to exercise this right and obtain access to such Personal Data, the Member should contact the Programme’s Customer Service by email sent to contact@premium-benefits.lu or by postal mail to Affinion International - Service Premium Benefits CS 60207 – 75084 PARIS Cedex 02 (France).


9. Intellectual Property

The structure and technology relating to the Programme Site and all its elements, trademarks, wording, images, works, illustrations, whether visual or audio, are protected by the current legislation on intellectual property, including copyright, neighbouring rights, trademark law, patent law, and the right to one’s image. They are the full and exclusive property of Affinion International, BGL and/or their Partners.

Any total or partial reproduction of the Programme Site and its contents, on any medium and by any means of communication whatsoever, is strictly prohibited. The creation of hypertext links to the Programme Site is subject to the express prior authorization of Affinion International. The hypertext links on the Site to other websites, including those of Partners, cannot render Affinion International or the Bank liable, as they have no control over the content thereof.


10. Liability

Affinion International is solely liable for the proper performance of its obligations under these General Terms and Conditions, whether Affinion International performs these obligations directly or through Partners, without prejudice to its right of recourse against these latter.

Thus, Affinion International shall not be liable for:

(i) Improper performance or non-performance by the Partners of their obligations under their own general terms and conditions and in particular the services included in the Offer,

(ii) Non-performance or improper performance of his obligations by the Member, the unforeseeable and insurmountable act of a third party, or a Force Majeure event; and

(iii) Any inconvenience or damage caused by the use of the Internet, particularly in the event of an interruption of service.


11. Miscellaneous

11.1 In the event any provision of these General Terms and Conditions becomes void owing to a change in the regulations or because of a court decision, the validity and enforceability of these General Terms and Conditions shall not be affected.

11.2 The fact that Affinion International does not take advantage of any provision of these General Terms and Conditions shall not be construed as a waiver of the right to rely on it later or to take advantage of any other provision contained in the General Terms and Conditions.

11.3 The Member may not assign the benefit of the General Terms and Conditions in any way and to any person whatsoever.


12. Duration

Affinion International may amend these General Terms and Conditions at any time, in particular to take account of legislative or regulatory changes, as well as any changes to the Programme. Any amendments shall be notified to the Member through the Programme Site. Amendments and thus the new General Terms and Conditions shall be deemed approved by the Member provided the latter has made an order subject to the new General Terms and Conditions.  


13. Applicable Law

These General Terms and Conditions are governed by Luxembourg law.

Any dispute arising in connection with the interpretation and/or execution of these General Terms and Conditions shall be submitted to the competent courts of Luxembourg.

 

 

Version 1.1 in effect on 1 April 2015