Diamond Club Terms and Conditions

   1. Definitions
         1. ‘Card’ means the Diamond Club membership card (including virtual cards) issued to you by bmi.
         2. ‘bmi’ means British Midland Airways Limited, trading as bmi.
         3. ‘you’ and ‘your’ means the person whose name is on the Card.
         4. ‘Membership Status Miles’ means miles which determine your Card level, i.e. Blue, Blue Plus, Silver or Gold.
         5. ‘Destinations Miles’ means miles which can be exchanged for award flights, hotel accommodation car hire and other items offered as part of the Diamond Club programme.
         6. ‘Diamond Club’ and ‘Diamond Club programme’ means the frequent flyer programme operated by bmi.
         7. ‘membership year’ means each period of 12 months during which you are a member of Diamond Club running from the date of issue of your Card to the date 12 months thereafter and each successive 12 month period thereafter.
         8. ‘award flights‘ means flights paid for in whole or in part by Destinations Miles.
         9. ‘bmi group‘ means bmi, bmibaby Limited, British Midland Regional Limited and British Mediterranean Airways Limited.

   2. Membership
         1. Membership is only open to:
                * individuals and not companies, partnerships, unincorporated associations or other similar entities
                * individuals over the age of 18.
         2. No individual who has been banned or suspended from flying with any member of the bmi group or any other airline which participates in the Diamond Club programme shall be eligible to become a member of Diamond Club.
         3. Notwithstanding the above eligibility requirements, bmi reserves the absolute right to refuse membership of Diamond Club and will not enter into correspondence relating to reasons for refusal.
         4. By using the Card you accept: (i) these terms & conditions; (ii) the ‘all my membership benefits‘ guide; (iii) the membership benefits guide including the ‘how to spend miles‘ guide; (iv) the ‘how to earn miles‘ guide; and such other terms and conditions as are incorporated into such conditions and guides; and you agree to be bound by all of them as amended from time to time by bmi (collectively referred to in the terms and conditions as ‘the Terms & Conditions’).
         5. You are the only person entitled to use the Card. Membership is not transferable.
         6. Only one enrolment per individual will be accepted for membership of the Diamond Club programme. You may only hold one Card at any one time.
         7. The Card is not a credit or payment card and remains the property of bmi.
         8. When taking advantage of any of the services and benefits offered under the Diamond Club programme (including earning miles, spending miles, booking flights, using lounges and other services) your Card must be available for inspection (or if you have been issued with a virtual card, your membership number). If your Card is not presented, services and benefits may not be made available to you.
         9. All correspondence (including new members packs, airline tickets and car rental vouchers) will be sent to your last mailing address and will be deemed to have been received by you if posted to that address.
        10. Some of the services and benefits offered to Diamond Club members are provided by organisations over which bmi has no direct control. bmi will use its reasonable endeavours to ensure that the services and benefits expressed or advertised as being available to Diamond Club members will be available, but cannot guarantee or warrant such benefits and services in any way whatsoever. Any arrangements made by you with such third parties will be subject to the terms and conditions of that third party.
        11. When using award flights or other services and benefits offered via the Diamond Club programme you may take advantage of the facilities and privileges available to you as a Card holder with the exception of earning miles.
        12. In the event of loss, theft or unauthorised use of your Card and/or details of your Diamond Club account, it is your responsibility to immediately advise bmi. You will be liable for all use of the Card and details of your Diamond Club account until bmi is notified of the loss, theft or unauthorised use of the Card/details. bmi will not be liable for misuse of a lost or stolen Card or any unauthorised use of a Card and/or account details.

   3. Card membership status
         1. Blue Plus, Silver and Gold Card membership is only valid until the expiry of the membership year. To retain your Blue Plus, Silver or Gold membership you must maintain the appropriate levels of Membership Status Miles or where available, pay any applicable fees in each membership year. Membership Status Miles are only valid during your then current membership year, details of which are shown on your online account home page. bmi may at any time, in its absolute discretion and without notice withdraw or terminate your Diamond Club Blue Plus, Silver or Gold membership whereupon you will be obliged to return your Card and luggage tag to bmi without delay.
         2. Blue Plus, Silver and Gold Card members will be issued with a membership card that provides the benefits for that status for a 13 month period from the issue date. The period during which membership status must be earned or re-earned is 12 months from the date of issue.
         3. As each membership status level is awarded, all membership status miles will be returned to zero, and no residual miles will be carried forward into the next membership status year.
         4. bmi passengers purchasing the routepass automatically qualify for Silver Card membership. Enrolment is accepted on receipt of the routepass application form. Members must collect the qualifying number of Membership Status Miles to qualify for a further one year membership.
         5. Your entitlement to use airport lounge facilities (where available) is determined according to your membership status and fare type. Further details are set out in the membership benefits guide.
         6. Use of the lounge facilities shall be subject to the applicable terms of use for the lounge in question. Any contravention of these terms could result in your membership being withdrawn.
         7. At the discretion of uniformed bmi staff, Silver and Gold Card members may take one guest into a Diamond Club or bmi business lounge, provided space is available and the guest is departing on the same bmi flight. Guests will not be admitted to overseas executive lounges or partner lounges unless bmi has stated otherwise within the Terms and Conditions and only if bmi continues at the time access is requested, to have an arrangement with the executive lounge provider enabling such access.
         8. Persons under 18 can use the Diamond Club lounge when accompanied by a Silver or Gold Card member. Persons under 18 can also use the bmi business lounges when accompanied by a Silver or Gold Card member or are travelling on a business class fare. Lounge staff reserve the right to eject or refuse entry to any persons exhibiting disruptive behaviour.
         9. Silver Card members are issued one Hertz upgrade voucher at the time of qualifying for Silver membership. No additional free upgrade vouchers may be claimed.
        10. Gold lifetime membership will be awarded to members who have earned Gold Diamond Club status (through Membership Status Miles accrual earned on qualifying flights) for 10 consecutive years.
        11. If you have Blue card membership you will be automatically awarded Blue Plus status upon earning 3000 Membership Status Miles in any membership year. On such award of Blue Plus status your Membership Status Miles will be returned to zero.
        12. If you have a Blue Plus card membership you will be automatically awarded Silver membership upon earning 16000 Membership Status Miles in any Membership Year. On such award of Silver status your Membership Status Miles will be returned to zero.
        13. If you have a Silver card membership you will automatically be awarded Gold membership upon earning 38000 Membership Status Miles in any Membership Year. On such award of Gold status your Membership Status Miles will be returned to zero.
        14. Membership is awarded based upon the above criteria only, and members may not voluntarily choose to by-pass any particular status level.

   4. Earning miles
         1. The flights and other services eligible for the issue of Destinations Miles and Membership Status Miles, and the applicable reward levels, will be determined by bmi from time to time in its absolute discretion. bmi reserves the right to alter the miles awarded/reward levels without prior notice without liability of any kind on its part. Miles will only be awarded in relation to adult fares, services procured by adults for adults and for activities registered by the individual member only.
         2. Membership Status Miles and Destinations Miles will only be awarded as detailed in the ‘how to earn miles‘ guide available online as such guide may be amended from time to time. Miles can only be claimed for tickets issued in the name of the Diamond Club member, where the flight is undertaken by that member. In relation to the procurement of other services earning miles, miles can only be claimed by the Diamond Club member procuring services and utilising such services.
         3. Miles shall be awarded to you only when quoting your membership number at the time of reservation and on presentation of your Card at check-in or other approved method. Membership Status Miles and Destinations Miles will not be awarded for flights or other services paid for using Destinations Miles and/or Destinations Miles plus cash or any other ticket/booking subject to any specific provisions excluding or limiting the accrual of miles.
         4. In case of dispute, bmi reserves the right to require proof of travel/purchase and use of services including, but not limited to, copies of ticket receipts together with original boarding cards for flights claimed to have been flown, original hotel receipts or car rental agreements or the relevant agreement under which the service in question was booked in the name of the person claiming the miles together with evidence satisfactory to bmi that such services were utilised by you. Such claims will not be considered beyond six months from the date of travel. bmi’s decision shall be final.
         5. Both Destinations Miles and Membership Status Miles shall be voidable if, in the opinion of bmi, they have been obtained fraudulently, as a result of the misuse or abuse of the Diamond Club programme or in breach of the Terms & Conditions or in any way which is inconsistent with the intent of the Terms and Conditions. In such cases bmi may at its absolute discretion, require forfeiture of miles.
         6. Miles do not create proprietary rights or interest and cannot be transferred, sold, or otherwise disposed of whether as part of an estate or otherwise and may not be pooled or combined.
         7. Diamond Club members who are also members of other frequent traveller/reward programmes with which bmi has a miles earning agreement may only claim credit towards one programme for each journey/rental/hotel stay. Duplicate transactions will be automatically cancelled and associated miles and (where applicable) membership status forfeited.
         8. Dual members may not combine Destinations Miles with points/mileage from any associated frequent traveller/reward programme in order to claim any reward offered under any programme. Dual members may not combine Membership Status Miles with any like points/mileage from any associated frequent traveller/reward programme.
         9. Only travel, hotel stays, car rental and other services booked after receipt of your card with partners of bmi which are referred to in the Terms & Conditions are eligible for the award of miles.
        10. Claims for the retrospective crediting of miles in relation to flights, hotel accommodation, car rental or other qualifying partner services will be accepted when made in writing to bmi and supported by flight tickets and an original boarding card or e-ticket receipt, an original receipt for hotel stays, a Hertz car hire rental agreement or the relevant agreement under which the service in question was booked in the name of the person claiming the miles together with evidence of the utilisation of such services provided that the request is received by bmi no more than six months from the date of stay or rental or utilisation of the relevant services.
        11. bmi may from time to time in its absolute discretion determine the validity of Destinations Miles and Membership Status Miles and may introduce time restrictions reducing the period of validity. If Destinations Miles and/or Membership Status Miles due to expire are not used during the period of validity they shall thereafter expire and become void without liability of any kind whatsoever, on the part of bmi in respect there of.
        12. Destinations Miles and Membership Status Miles will not be awarded in relation to any flights or other goods or services that are cancelled, refunded or returned. bmi shall be entitled to remove any Destinations Miles and Membership Status Miles that have been awarded in relation to cancelled, refunded or returned flights, goods or services and for the avoidance of doubt, include, for any reason, a change of destination on a redeemed flight, cancellation of a redeemed flight or a no show occurring on a redemption flight sector which results in the Destination Miles zone calculation changing.
        13. To be eligible for earning either Destinations Miles or Membership Status Miles, a flight or other goods and services must be operated by bmi or one of our Diamond Club partners. For the avoidance of doubt, miles are not awarded for codeshare flights operated by non-Diamond Club partners.

   5. Redeeming miles
         1. Destinations Miles can only be redeemed for flights and services as published by bmi from time to time. The flights and services available and Destinations Miles required to book them may change from time to time and are subject to availability. Part-payment can be made with promotions that specify part-payment in Diamond Club literature only.
         2. In the case of award flights and part payment award flights with bmi, only scheduled services are included for the purposes of the destinations award/part payment award flight programme.
         3. Destinations Miles may only be redeemed once they have been registered on the member’s account. Normally two weeks following the date of travel for bmi flights and 28 days for partner flights/hotel stays/car rentals/other services should be allowed for processing this information. (4-6 weeks for United Airlines.) However, bmi is unable to guarantee the timescales in which Destinations Miles will be registered on the members account.
         4. If a single (one way) journey is required the Destinations Miles requirement is half of that for a return journey on that route.
         5. Diamond Club members may use their Destinations Miles for flights for any of their friends and family. However, bookings must be made, and any taxes and charges (including any surcharges) paid for, by the member. Paper tickets will be sent to the member’s address and e-tickets will be sent to the member’s registered email address. Save as set out in this clause, awards and benefits cannot be transferred, sold, or otherwise disposed of whether as part of an estate or otherwise.
         6. For bmi flight redemptions, the number of Destinations Miles required for children aged 2-11 years (inclusive) is reduced. Further details regarding this reduction are detailed in the Diamond Club literature and on the Diamond Club Website. This reduction applies only when the child is accompanied by an adult.
         7. With certain airline partners, the number of Destinations Miles required for children is reduced. Further details regarding this reduction are detailed in Diamond Club literature and the Diamond Club Website. This reduction applies only when the child is accompanied by an adult.
         8. Destinations award flight and part payment award flight tickets will be valid for three months from the date of outward travel. Any partly used or expired tickets will not be considered for the recrediting of miles, unless for any reason a booked service does not operate.
         9. bmi does not accept any responsibility for denied boarding or no show and Destinations Miles will not be recredited in such cases.
        10. No cash or other benefit will be offered in lieu of unclaimed miles.
        11. Any bookings made, awards or benefits given but not yet utilised shall be voidable if, in the opinion of bmi, they or the miles used to obtain them, have been obtained fraudulently, as a result of the misuse or abuse of the Diamond Club programme or in breach of the Terms & Conditions or in any way which is inconsistent with the intent of the Terms and Conditions. In such cases bmi may at its absolute discretion, require forfeiture of such bookings, awards or benefits.

   6. Booking award flights
         1. All bookings must be made as directed in these Terms & Conditions. For award flights or part payment award flights, bookings must be received a minimum of five working days prior to the preferred date of departure. Gold Card members may provide three working days’ notice.
         2. An upgrade to the business cabin on bmi short-haul services* and premium economy on bmi long-haul services, may only be claimed subject to availability, in relation to a award (or part payment award) ticket issued via the Diamond Club programme and will be charged as outlined in the guide to earning and spending miles.
         3. Gold Card members will be upgraded wherever possible when booking award (or part payment award) flights using Destinations Miles with bmi only at the time of reservation, subject to availability.
         4. Whilst all reasonable effort will be made to satisfy customer requirements, award (and part payment award) flights and services and upgrades are strictly subject to availability and bmi cannot guarantee in any way that customer requirements will be met. Certain peak periods and/or routes may be embargoed for the purpose of award and/or part payment award flights. Diamond Club will not enter into further correspondence relating to availability.
         5. bmi and partner award (or part payment award) flight requests may be made by telephone, letter or via the website.
         6. Departure tax, duties, passenger service charge and any other charges or overseas taxes relating to flights booked using Destinations Miles under the Diamond Club programme are the responsibility of the member and are payable at the time of reservation.
         7. Changes to award (or part payment award) flight bookings with bmi or any other partner airline are permitted (subject to the Terms and Conditions) not less than seven days prior to outbound departure only, (providing travel is within the same zone) and will incur a charge of £20 per passenger, per change request (regardless of the number of changes). Changes are not permitted within seven days prior to outbound travel or after travel has commenced.
         8. Please allow 14 days for tickets which need to be delivered overseas.
         9. In the event of cancellation by you, before outbound travel, all Destinations Miles will be refunded in full. Any taxes paid will be refunded subject to a £25 administration charge.

      * only available on routes that operate a two cabin service.

   7. Booking free/discounted hotel accommodation
         1. Destinations Miles can be redeemed towards the cost of hotel accommodation as detailed in the current Diamond Club literature and Diamond Club Website, and are subject to the terms and conditions which are available on request.
         2. No minimum booking period is required but all accommodation must be pre booked and is subject to availability. Please allow 72 hours for confirmation.
         3. Accommodation is offered as specified and all other incidental expenses incurred during the member’s stay are the responsibility of the member.
         4. Cancellation charges: hotels can be changed or cancelled according to each property's rules and restrictions. Some properties impose penalties, such as one night's stay, if you cancel your reservation within a certain number of days before your scheduled check-in date. Other properties may charge a small penalty for changes made any time after a room is booked.

   8. Booking free car rental
         1. Destinations Miles can be redeemed for car hire discount vouchers as detailed in the current Diamond Club literature and Diamond Club Website, and are subject to the terms and conditions as detailed in the letter accompanying the voucher.
         2. Car hire discount vouchers are valid for use at Hertz locations worldwide. These vouchers are issued in £ (sterling) and can be redeemed at the counter where they will be converted into local currency at the current rate of exchange. The car rental discount vouchers can be redeemed at the counter against any car rental reservation you make. The vouchers cannot be used in conjunction with any other promotional offer, are not transferable, exchangeable or refundable and a maximum of three vouchers may be used per rental. Vouchers are valid for six months from the date of issue.
         3. At least 24 hours notice is required for vehicle reservations.
         4. Car hire from Hertz is inclusive of time and mileage, collision damage waiver, theft protection and local taxes.
         5. Any other charges are the responsibility of the member. All rentals will be subject to the supplier’s terms and conditions of business.
         6. Minimum age restrictions of 25 years will apply for car hire. Upper age restrictions may apply in certain countries. It is the responsibility of the member to ensure booking requirements are complied with.
         7. Destinations Miles redeemed for Hertz vouchers may not be recredited.
         8. bmi will not be liable for the replacement of lost or stolen Hertz vouchers.

   9. Length of programme
         1. In the event that the Diamond Club programme should be closed, bmi shall use every reasonable endeavour to publicise at least three months’ notice of the closure of the Diamond Club programme. At the end of that period members shall no longer be able to earn Destinations Miles or Membership Status Miles, redeem Destinations Miles or utilise Membership Status Miles nor shall the member be entitled to any benefits under the Diamond Club programme other than flights or other services already redeemed but not yet utilised prior to the end of such period.

  10. Data protection
         1. By using the Card and taking advantage of any of the services or benefits offered under the Diamond Club programme, members consent to:
                * bmi creating, maintaining and updating a database of personal data on that member (“data”)
                * their data being supplied to (i) members of the bmi group of companies; and (ii) bodies providing services and benefits under the Diamond Club programme including but not limited to members of the bmi group of companies, Star Alliance members and Diamond Club partners, including their respective employees, agents and contractors; the data being used for the purposes described in clause 10.3
                * their data being transferred to countries outside of Europe whether or not such countries have data protection laws.
         2. Data may include:
                * membership data
                * data received from other bodies providing services and benefits under the Diamond Club programme
                * any personal data supplied by the member.
         3. Data will be held, updated and used:
                * to provide services outlined in the Diamond Club programme and services offered generally by Star Alliance
                * to develop new services
                * to enhance customer service
                * for marketing and market research purposes
                * to send mailings to members
         4. Consent under clause 10.1 will be deemed to continue until a member writes to bmi Diamond Club, PO Box 5050, Annesley, Nottingham, NG15 0DL to withdraw consent. Withdrawal of consent may mean that certain services and benefits may no longer be provided to the member, and also entitle bmi to terminate membership immediately.

  11. Termination
         1. If, in the reasonable opinion of bmi, membership, services and/or benefits should be withdrawn by reason of any act or omission on your part (including but not limited to failure to comply with the Terms & Conditions or the terms & conditions of a Diamond Club partner; fraudulent activity; misusing or abusing membership or the services; misconduct onboard a bmi, bmi group company or partner airline flight or in a lounge), bmi reserves the right to terminate your membership at any time. In the event of the withdrawal of membership, bmi reserves the right to withdraw any and all services and benefits awarded or available to (including miles and awards) you whether accrued before or after the event giving rise to such withdrawal.
         2. bmi reserves the right in its absolute discretion, and upon giving reasonable notice, to terminate Diamond Club membership in part should Diamond Club cease to exist in any relevant geographic market.
         3. Members who have not recorded any activity with bmi, its Diamond Club partners, or made a redemption with the same parties and other promotional third parties, for a 12 month period, from the date of their last recorded activity on the Diamond Club database, shall be deemed dormant. If no claim is made on any residual Destinations Miles on that member’s account, membership may be terminated after a further 12 months and all remaining miles forfeited.
         4. Membership will terminate automatically on the death of the member.
         5. You may terminate your membership by writing to bmi Diamond Club, PO Box 5050, Annesley, Nottingham, NG15 0DL stating that you no longer wish to be a member and enclosing your Card.

  12. Variation
         1. bmi expressly reserves the right in its absolute discretion to withdraw, cancel, vary in any way or change at any time without notice any service or benefit previously offered or expressed or provided to Diamond Club members, or the Terms & Conditions upon which the same are so offered or provided and will not be liable for any resulting loss or damage howsoever occasioned.
         2. bmi may in its absolute discretion vary or change the Terms & Conditions of membership at any time and will use its reasonable endeavours to give you notice thereof. You will be deemed to have accepted any change or variation if you retain your Card after such notice has been given.
         3. All schedules and timetables are approximate and may be subject to alteration or cancellation for operational or other reasons.

  13. Liability of bmi
         1. bmi accepts no responsibility or liability in respect of loss, injury, damage, delay, accident or any other incidental matter in relation to any travel or other arrangements with exception of personal injury or death caused by bmi’s proven negligence or for fraud or fraudulent misrepresentation.
         2. All carriage with bmi shall be subject to bmi’s general conditions of carriage for the time being in force (full particulars of which are available on request) and all applicable laws. All carriage with other carriers shall be subject to their general conditions of carriage for the time being in force (full particulars of which are available on request) and all applicable laws.
         3. bmi accepts no responsibility for advance flight bookings made for travel on routes which are subsequently withdrawn from service, except to the extent that Destinations Miles will be re-credited.

  14. Liability of members
         1. The value and benefit received under this programme may be subject to income tax and therefore may be required to be shown in your tax return. Any tax liability arising is the responsibility of the individual recipient. If you are in any doubt as to the tax position, you should seek professional advice.
         2. Whenever you use the Card to obtain or utilise any of the Diamond Club benefits, facilities or arrangements, you will be personally liable for any and all costs, claims, charges or liabilities arising from such use.

  15. General
         1. Employees of bmi or any other airline and their families, or anyone connected with the programme are not eligible to apply for membership of Diamond Club, other than at bmi’s discretion, and in accordance with specific rules which may be published by bmi from time to time for this purpose, which rules will form part of the Terms & Conditions in respect of such members.
         2. Any provision of the terms and conditions declared void or unenforceable by any competent authority or court shall to the extent of such invalidity or unenforceability be deemed severable and shall not affect the other provisions remaining which shall continue unaffected.
         3. No employee or agent of bmi has the authority to vary these terms orally.
         4. bmi shall not be liable for any misrepresentations made on its behalf prior to the formation of this agreement.
         5. bmi will not be responsible for late, lost or misdirected mail.
         6. No waiver of any breach of any provision herein shall constitute a waiver of any subsequent breach of any sort and no time or indulgence granted by one party to the other shall affect the strict rights of the party giving such time or indulgence.
         7. No person other than the member shall have any right under the terms of the Contracts (Rights of Third Parties) Act 1999 (as may be amended) to benefit from or enforce any term of the Terms and Conditions.

  16. Governing law
         1. The Diamond Club programme is governed by English Law and shall be subject to the jurisdiction of the English Courts.

Conditions apply.

  
  
  
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