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ONUREXTRA LOYALTY PROGRAM MEMBERSHIP AGREEMENT

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ONUREXTRA LOYALTY PROGRAM MEMBERSHIP AGREEMENT

1.    Scope and Definitions

This Agreement covers the properties of the "OnurExtra Loyalty Program" and the terms and conditions on membership.

OnurExtra Loyalty Program is a loyalty program by Onur Air Tasimacilik A.S. based on the system that grants passengers reward points for every domestic and international Onur Air Flight they take, and enables them to spend such reward points again on domestic and international Onur Air Flights.

2.    The Parties of the Agreement

Onur Air Tasimacilik A.S. (hereinafter referred to as "Onur Air") is the runner of, and owner of all rights to, OnurExtra Loyalty Program that provides reward points to its members for the flights they take.

Any person who meets the requirements of OnurExtra Loyalty Program and agrees to this agreement shall be referred to as "Member".

3.    Definitions :

OnurExtra Loyalty Program” shall mean the loyalty program defined herein and run by Onur Air.

"Point" shall mean the reward points earned by the members of OnurExtra Loyalty Program for the flights they take.

Promotional Class” shall mean the reservation classes with the lowest fares as defined under the Onur Air General Terms and Conditions available on Onur Air web site and Onur Air Electronic Tickets.

Flexible Class” shall mean the reservation classes with mid-level fares as defined under the Onur Air General Terms and Conditions available on Onur Air web site and Onur Air Electronic Tickets.

Extra Flexible Class” shall mean the reservation classes with high-level fares as defined under the Onur Air General Terms and Conditions available on Onur Air web site and Onur Air Electronic Tickets.

“Reward Ticket” shall mean any ticket issued in consideration of reward points.

“Charter Flight” shall mean any non-scheduled flights arranged by travel agencies by leasing an aircraft.

“Base Fare” shall mean the base level of fare which does not include any additional charge components such as taxes, fuel surcharge, insurance premiums and service fees.

“No Show” shall mean any case when a Member does not show on due time for any reasons whatsoever or fails to produce the necessary flight documents, for a flight they have made reservation and get a ticket issued.

“Round trip” shall mean a travel which includes both departure and arrival (return) flights.

Additional Services" shall mean any services other than flight tickets, offered for sale by Onur Air including seat selection, excess baggage allowance, pre-order meals, etc.

"Codeshare Flights" shall mean a cooperation arrangement through which an Airline carries passengers that have bought their tickets from other airlines as well as their own passengers.

 4.    Terms and Conditions on Membership

 

4.1.        OnurExtra Loyalty Program is open to any real persons aged 18 or more and any legal persons, groups and associations. Membership applications by legal persons, corporations, groups and associations shall be subject to approval by Onur Air and to supplementary protocol to be executed by and between the parties.

4.2.        Membership to this program may not be assigned or transferred to any third persons.

5.    Commencement of Membership:

5.1.        Any persons, wishing to become a member to OnurExtra Loyalty Program, subscribe either by completing OnurExtra Subscription Form available on Onur Air Web Site (www.onurair.com) or calling Onur Air call center. Once the Members complete their application online or by phone, they shall be deemed to have understood and agreed on the rules under the OnurExtra Loyalty Program Membership Agreement without any further need for original signature.

5.2.        After they complete the required details on OnurExtra Subscription Form available on Onur Air web site, Members may activate their membership online by clicking on the activation link they will receive by e-mail. Upon completion of the activation process, their membership passwords shall be sent to their registered OnurExtra mobile phone number via SMS.

5.3.        Onur Air shall not be obliged to accept any application and it may reject any membership request without justification. The Members agree that Onur Air shall be entitled to do so.

5.4.        Onur Air may use membership registration information with a view to developing business (except for Credit Card details) and the Members hereby agree to such use of their personal details in advance.

5.5.        Onur Air may forward all notifications, promotions, ads and announcements regarding all flights to the Member through the communication info disclosed by the Member. The Members also consent in advance to be contacted by Onur Air and its business partners involved in OnurExtra Program through use of the communication info provided by them to Onur Air, regarding announcement of promotions, opening of new lines, etc.

5.6.        I hereby GIVE CONSENT to use of any communication info I have provided and will provide to Onur Air (mobile phone number, fax, e-mail address, mail address and details of my social media accounts, etc.) for sending notifications, ads and promotions to me regarding discount tickets, promotions, campaigns, ads, marketing, birthday celebration, celebration of special days, celebration of official and religious holidays, etc. as per the Law Numbered 6563 on Regulation of Electronic Commerce and to receive such electronic messages.

 6.    Individual Application:

6.1.        Joint applications by multiple persons or multiple applications by one individual shall not be allowed.

6.2.        If it is detected that a person has registered multiple times or has multiple active accounts, the initial membership account shall be deemed valid and the fact that whether the total points earned will the transferred to this final account or canceled by Onur Air shall be at the sole discretion of Onur Air.

7.    Approval of Application: OnurExtra Program Membership is activated when a person receives a password through his/her mobile phone or e-mail after completing the Subscription Form and logs in OnurExtra web page on the Onur Air web site by using this password.

 8.    Delivery of Membership Cards:

Onur Air shall not send a membership card to OnurExtra members. Members will be able to perform their transactions on Onur Air web site or Onur Air Call Center by using their membership numbers (mobile phone number) and passwords.

9.    Earning Points:

9.1.        Upon activation of their OnurExtra membership, Members start to earn points from any scheduled domestic and international Onur Air flights they actually take.

The points shall be calculated over the net ticket fare without taxes/duties and service fees as follows:

-        Members shall earn points by 8% for Extra Flexible tickets,

-        4% for Flexible tickets,

-        2% for Promotion tickets

over the net ticket fare in TRY. Where the fare currency is other than TRY, the points earned shall be calculated based on the buying exchange rate of the Central Bank of the Republic of Turkey.

Reward points for domestic and international flights shall be calculated by the TRY 1 =100 points parity based on the above-mentioned principles.

9.2.        The amount of points transferred to a member's point account may vary depending on the terms and conditions of the program applicable during the period when the underlying program event takes place. Onur Air shall be entitled to make a disposition on such terms and conditions; and the terms and conditions for earning and use of points may be changed by Onur Air any time.

9.3.        OnurExtra Members may inquire their point balance by logging into their OnurExtra Member Page on www.onurair.com or calling Onur Air Call Center.

9.4.        Onur Air shall not warrant that the advantages it will offer within the scope of OnurExtra Program will remain in effect on a continued basis or that the amount determined herein will always correspond to the same amount of Points and that Members may use their advantages necessarily for the flights they request. 

10.  Terms and Conditions for Earning Points;

10.1.      Once their membership is activated, members start to earn points from every scheduled flight they take.

10.2.      Members may earn points only for their own flights.

10.3.      Members cannot earn any points if they return or cancel their tickets.

10.4.      In case of "no show" members, the respective ticket fare shall not be refunded and the points earned from such ticket shall be deleted from the members' account.

10.5.      If Members change their tickets, the amount of points corresponding to the change fee shall be deducted, and the remaining points shall be transferred to the members' account and the points shall be re-calculated based on the new ticket.

10.6.      Members cannot earn points from reward tickets.

11.  Validity of Points:

11.1.      Points may be earned at any time throughout the year. The points become invalid by the end of the 2nd calendar year following the date when they are earned. For instance, points earned in June 2015 will become invalid by the end of 2017.

11.2.      Members may log in their Membership Pages on OnurExtra Web site or call Onur Air Call Center to inquire about their points. In addition, an account statement may be sent to the members upon request.

11.3.      Points not used within due period will become invalid and such points may not become valid again in any way.

11.4.      Points to become invalid soon must be used to buy a ticket before they expire; making a reservation before the expiration date shall not be sufficient.

11.5.      Members shall not be allowed to change or return a reward ticket after the expiration date of the points used to buy such ticket.

12.  Buying Points

12.1.      Points may be bought only to purchase reward tickets.

12.2.      When total points do not compensate the ticket fare, members who have collected points equal to at least 75% of the ticket fare may buy points at TRY 50-100-150-200 for the remainder of the ticket fare.

 13.  Services without Reward Points

Members may not earn Points in the following cases:

-        Reward tickets bought by using OnurExtra points,

-        Additional services,

-        Charter flights,

-        Flights taken before subscription date,

-        Flights taken free of charge,

-        Codeshare flights.

Onur Air reserves the right to exclude particular fare, payment and/or passenger categories partially or wholly from OnurExtra Loyalty Program provided that it notifies the members reasonably in advance.

14.  Delivery of OnurExtra Account Statement and Announcements

14.1.      OnurExtra members can check their point balance on their membership page at www.onurair.com.

14.2.      Campaign details or all information on OnurExtra Loyalty Program can be viewed on Onur Air web site at www.onurair.com and where necessary, notifications are sent to members through e-mail or SMS.

14.3.      Onur Air may not be held liable if notifications about campaigns or OnurExtra membership processes are not received by the members.

15.  Transfer of Points into Accounts

15.1.      The points earned shall be automatically transferred to the members' account only if the Members have specified their registered mobile phone number linked to their OnurExtra membership during the reservation and ticketing process. Any activity recorded into a Member's account may not be recorded into another member's account.

15.2.      If the points are not recorded into the membership account for any reason whatsoever, Members may record the missing points, earned form the previous flights within the past 12 months, into their account by logging in on Onur Air web site at www.onurair.com or calling Onur Air Call Center and giving relevant flight details provided that such flight was not taken before the date of subscription and that the Member can submit sufficient documents for the respective flight (ticket coupon and boarding pass). If reward point requests for previous flights are not made within 12 months following the date of flight, service and any other underlying activity/program event for earning Points, the Member shall forfeit the right to request transfer of such points into his/her account.

15.3.      Onur Air shall be the sole authority for assessment of the Members' objections regarding their Point balance and participation in the program, and determination of whether or not such Members are entitled to Points; and it reserves the right to make any corrections as necessary if it decides that Points have been mistakenly recorded into a Member's account,. 

15.4.      Points earned may be spent as prescribed under this program, and they may not be converted into cash, bartered or exchanged for cash. Onur Air reserves the right to make a disposition on the terms and conditions on use of points.

16.  Using and Spending Points:

16.1.      OnurExtra Members are entitled to buy reward tickets for scheduled Onur Air flights by using their points, without any capacity limitation, provided that the respective aircraft is not fully occupied.

16.2.      The points earned may only be used to buy tickets and additional services for the reward tickets bought by using points. Additional services may be bought by using points or money for the reward tickets bought by using points. However, reward points may not be used to buy additional services for non-reward tickets.

16.3.      The reward Points do not mean in any way that the Members are entitled to claim a fee or charge from Onur Air in consideration of such points.

16.4.      The Members must clearly specify, during the respective reservation and ticketing processes, for which flight they wish to use their reward points, by visiting Onur Air website (www.onurair.com) or calling Onur Air Call Center.

16.5.      User name and password to be used by the Members for their online transactions at www.onurair.com shall be defined exclusively for every member. Transactions made and approvals granted by the Members by using the correct password and user name shall be deemed to have been performed by the respective member; and members shall be responsible for protection and retention of their OnurExtra details.

16.6.      Total amount of points must be sufficient to compensate the total ticket fare including service fees. Otherwise, Members may not buy a reward ticket. Payment by cash/credit card to supplement the shortage of points is not allowed; it is allowed to buy points as prescribed under Article 12 herein only when the point balance of a member corresponds to at least 75% of the total ticket fare.

16.7.      Points shall be spent chronologically by date of grant.                                                                                                                                                      

16.8.      Members may present reward tickets as a gift by issuing the ticket in another person's name.

16.9.      Points may be used to purchase ticket and services through Onur Air web site only. Onur Air may reject use of points, if Members have made the reservation for the flights and services they wish without clearly specifying the type of such reservation.

16.10.   Onur Air shall not be held liable for the taxes, duties and other extra charges with respect to the Reward tickets the Members earn under OnurExtra Program. Members that are entitled to a Reward Ticket shall be obliged to pay the respective taxes and service fees. Any right of disposition on OnurExtra program shall remain exclusively with ONUR AIR. Any cases where ONUR AIR chooses not to exercise any of its rights granted under this program or does not require a Member to observe any of the terms and conditions of the Program; or any delays on its part to exercise its rights under the Program or any actual practices otherwise and any additional rights granted to Members with seasonal advantage practices against the principles of this Program shall not mean that Onur Air waives from its right of disposition on the Program or rights to require a Member to observe any one or all of the rules a Member is obliged to follow under this Program nor it shall mean grant of additional rights to a Member or a precedent. 

17.  Transfer of Points:

17.1.      The points earned may not be transferred to another member's account.

17.2.      The points earned under OnurExtra program may not be assigned or transferred to or combined with any other special passenger loyalty program.

18.  Change, Cancellation/Return of Reward Tickets and Other Limitations

18.1 Any changes in and cancellations of reward tickets are subject to the following conditions:

18.1.1 An amount of points corresponding to the change fee percentages assigned as specified under Onur Air General Terms and Conditions for ticket classes (Promotion, Flexible and Extra Flexible) shall be deducted and the remaining points after such deduction shall be kept in the member's account.

18.1.2. Members may not earn points when they no-show for a particular flight.

18.1.3 For round-trip flights, if a Member no-shows for one leg of such flight, the points earned shall not be taken back; the points earned for the other leg of the flight that the Member shows up shall be kept.

18.2 The applicable Onur Air General Ticket Option Rules shall be applied to reward tickets issued under Promotional, Flexible and Extra Flexible classes.

18.3. Onur Air shall be entitled to amend such rules unilaterally.

19.  Cooperations and Partnerships with Other Airlines and Organizations:

19.1 Onur Air reserves the right to include other airlines and organizations (hotels, rent-a-car companies, etc.) into OnurExtra Loyalty program, and to prescribe earning and spending points through such organizations.

19.2 Under the agreements that might be executed by and between Onur Air and various organizations, members may earn points subject to the terms and conditions of OnurExtra program when they purchase goods or services supplied by such organizations. Onur Air shall not be held liable in any way if such organizations fail to fulfill their commitments under the program or act in breach of their agreements nor shall be liable for any damages that might arise as a result of such cases toward Members or any third members.

19.3 Onur Air reserves the right to amend or abrogate, partially or wholly, OnurExtra Program and/or any cooperation agreement executed with other Companies under this program at any time without any liability provided that it notifies the members reasonably in advance.

20.  Termination, suspension and cancellation of the membership:

20.1.      OnurExtra members may leave OnurExtra Loyalty Program by sending a request to www.onurair.com by e-mail if they wish to do so.

20.2.      A Member's account may be suspended for investigation due to misuse or commercial use. Onur Air reserves the right to delete an account and cancel all rewards and points earned in case of a proven misuse or commercial use.

20.3.      Onur Air shall be entitled to suspend the agreement in following cases. In such cases, Onur Air shall be entitled to terminate the agreement immediately without observing any period of notice, with any and all rights of claim and litigation reserved, and in such a case, it shall not be liable for the points and other obligations toward the Member.

-        If the Member fails to meet the general terms and conditions specified under OnurExtra information documents.

-        If the Member gives false information (flight information, details, etc.) or benefits from OnurExtra program in breach of the rules and laws.

-        If the Member harasses, disturbs or attacks Onur Air or OnurExtra personnel or other passengers and members directly or through different channels (social media, phone, letter, etc.) verbally or physically; acts in contrary to the instructions of the crew members during the flight or causes damage and disturbance to the aircraft or properties of the passengers or crew onboard.

-        Misuse of points.

20.4.      In some countries, local laws may impose certain limitations on OnurExtra Program General Terms and Conditions. Onur Air shall be entitled to take necessary actions in order to ensure compliance with such limitations. Members may not claim a right, compensation or raise any other claims under any reference whatsoever because of such actions.

21.  Validity of points in case of termination:

All points and advantages earned shall be canceled in case of termination of the membership agreement by the Member or Onur Air.

22.  Death:

In case of death of a member, points may be transferred to her/his heirs provided that they file an application with an affidavit of heirship and the heirs' petition and that they are a member of the program.

23.  Validity of OnurExtra Loyalty Program Records:

Onur Air shall be the sole authority in management of OnurExtra accounts, calculation of the points recorded, preparation of reward data, assessment of member performance, grant and execution of rewards; while in case of any conflict, Onur Air's records and the records held by the Members such as SMSs or e-mails shall be effective.

 24.  Settlement of Disputes

Any disputes arising out of this agreement shall be submitted to and settled by the Courts and Enforcement Offices in Bakirkoy.

In case of breach of the terms and conditions of this program by Onur Air, its liability shall be limited to the pecuniary loss proven and resolved by a Court decision; and ONUR AIR shall not assume any liability for indirect and intangible damages.

 

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