Legal - Avios

Terms and Conditions for collection of Avios on kulula.com flights and conversion of Avios to Travel bank

1.

General

1.1 In these Terms and Conditions, references to “We” or “Us” or “Our” or “Ourselves” are references to kulula and references to “ kulula ” in these terms and conditions shall mean Comair Limited (Registration no. 1967/006783/06) trading as kulula.com.  References to “You” or “Your” are references to the Member.
1.2 These Terms and Conditions set out the relationship between You and Us in relation to Your Membership of the Avios Travel Rewards Programme (the Loyalty Programme). These terms and conditions listed below should be read in conjunction with the Avios Travel Rewards Programme terms and conditions appropriate for your country of residence which can be found at www.avios.com. By accepting these Terms and Conditions and arranging travel through kulula You also agree to be bound by kulula’s General Conditions of Carriage. In the event of conflict between these Terms and Conditions and the Avios Travel Rewards Programme terms and conditions, the Avios Travel Rewards Programme terms and conditions will apply.
1.3 Whilst all of these Terms and Conditions are important to You, We would draw Your attention in particular to Clause 5 (Termination of Programme) and Clause 6 (Exclusions of Liability). You should note that these Terms and Conditions contain some exclusions, and limitations on Our potential liability to You.
1.4 If any provision of these Terms and Conditions is declared void or unenforceable by any competent authority or court, the part that is deemed void or unenforceable shall be severed and shall not affect the other provisions of these Terms and Conditions which shall continue to apply unaffected.
1.5 The Terms and Conditions published on Our website shall be the most up to date version of the Terms and Conditions at any given time. Please ensure You check the Terms and Conditions on Our website prior to making any bookings or in relation to any queries You may have pertaining to the Loyalty Programme.
1.6 These Terms and Conditions and any dispute or claim arising out of or in connection with these Terms and Conditions or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with South African Law. You irrevocably agree that the South African courts shall have exclusive jurisdiction to settle any such disputes or claims arising out of or in connection with these Terms and Conditions or their subject matter or formation (including non-contractual disputes or claims).
1.7 This Terms and conditions will be effective until 31 May 2019.

 

2.

Collecting Avios

2.1 The last date for You to collect Avios or to claim for missing Avios for kulula.com flights was on 31 March 2019.You are still able to convert your Avios to Travel Bank until 31 May 2019. Click here for more info.

 

3.

Converting Avios to Travel bank Credit for purchasing any Flights on the kulula.com website

3.1 You can still convert Avios into Travel Bank credit up until 31 May 2019. After this date you will no longer be able to convert Avios into Travel Bank for kulula flights. 
3.2 To convert Avios into a Travel bank credit you will need to have a kulula ID and follow this step by step process
  • Step 1 - Go to the Convert Avios page on kulula.com
  • Step 2 - Login to Travel bank with your kulula ID
  • Step 3 - Enter your Avios Travel Rewards Programme membership details
  • Step 4 - Using the dropdown, select total number of Avios to be converted to Travel bank and initiate conversion
Note: Travel Bank cannot be used as a form of payment for car hire, accommodation and/or holiday packages as well as the following flight extras.

 

4.

Conditions attaching to the Conversion and Use of Avios

4.1 Your Travel bank credit converted from Avios will not expire
4.2 Avios converted to a Travel bank credit cannot be changed back to Avios
4.3 Travel bank credits are not transferable and are not redeemable for cash

 

5.

Termination of Programme

5.1 The last date for you to collect Avios or to claim for missing Avios for kulula.com flights was on 31 March 2019.You are still able to convert your Avios to Travel Bank until 31 May 2019. Click here for more info.

6.

Exclusions of liability

6.1 With effect from 31 March 2019, We will have no liability with respect to the collection and/or the claiming of missing Avios on kulula.com flights. You are required to ensure that all valid Avios claims are submitted online of via the kulula contact centre on or before 31 March 2019.
6.2 With effect from 31 May 2019, We will have no liability with respect to the converting of Avios into Travel Bank. You are required to ensure that all valid Avios are converted to Travel Bank on or before 31 May 2019.

7.

Tax

7.1 You are responsible for any Tax chargeable and/or declared as a result of any Avios or travel bank Credit collected, transferred, ceded or redeemed by you or a person that you represent.
7.2 Please note that we do not give any Tax advice. The contents of these Terms and the contents on the Website do not constitute Tax advice.
7.3 You are responsible for getting Tax advice from an independent, professional Tax advisor about any Tax chargeable or due to be levied and/or declared as a result of any Avios or Travel bank Credit collected, transferred, ceded or redeemed by you or a person that you represent.
7.4 By taking collecting, transferring ceding or redeeming Avios or Travel bank Credit, you acknowledge that:
7.4.1 You will not be able to recover any amounts that we must pay the South African Revenue Service (SARS) in terms of the Tax Administration Act No 28 of 2011, as amended from time to time;
and
7.4.2 We are not responsible for any damages suffered or that may be suffered as a result of a Tax due by you in your personal or representative capacity, whether in common law or otherwise, including any legal practitioner and client fees, whether agreed to or as a result of a court order.

8.

Fraud 

8.1 If We suspect You have committed fraud or dishonesty in the conversion of Avios to a Travel Bank credit or are a party to such fraud or dishonesty, we may cancel your kulula ID and/or close your Travel Bank. All Travel Bank credits converted fraudulently will be lost (forfeited) and any outstanding bookings will be cancelled without notification or refund.
8.2 It is Your responsibility to ensure that your kulula ID credentials are kept safe. If you are aware, or have any reason to suspect your account details have been comprised, you must immediately contact kulula.com on +27 11 393 7659. You are required to ensure that all valid Avios claims are submitted online of via the kulula contact centre on or before 31 March 2019.