Club 48 Terms & Conditions

Eos Airlines Club 48 Terms and Conditions
General Information

1. Club 48 is a Rewards Program offered by Eos Airlines, Inc. in appreciation of customer's partaking in the Eos flight experience.
2. Only individual persons are eligible for Club 48 Membership. Corporations, Companies, other entities or animals are not eligible for Club 48 Membership.
3. All customers are invited to join Club 48. To accept the invitation to Club 48, individuals will be required to provide a unique user name, a password, and individual identification information (including name, address, telephone number and email address). In addition, when enrolling all individuals will be required to review and accept the Club 48 Terms and Conditions.
4. Individuals can enroll in Club 48 online at www.eosairlines.com, via phone at 1.888.357.EOS7 (3677) in the USA or 0800 019 6468 in the UK, or by completing the enrollment form provided when flying Eos. By enrolling in Club 48, all individuals agree to accept the Eos Club 48 Terms and Conditions.
5. There is no fee to enroll in Club 48 or in connection with Club 48 Membership.
6. Eos does not issue statements (paper, electronic or otherwise) to members of Club 48. Club 48 Members are responsible for knowing their Club 48 account information, amount of accumulated Club 48 Points, Club 48 Member Award status, and the Terms and Conditions. All account related information can be found at www.eosairlines.com.
7. All Club 48 terms and conditions apply to residents of any country.

Definitions

Earning Club 48 Points

9. Club 48 Points will only be earned for purchased, eligible, published-fare tickets on qualifying flights used in accordance with all applicable conditions of carriage, tariffs, rules and terms of ticketing and travel. Club 48 Point rates and eligibility are within Eos' sole discretion and are subject to change without notice.
10. Club 48 Members will earn Club 48 Points one time per flight and may only be earned by the Club 48 Member who flies, regardless of the number of seats purchased. No Club 48 Points will be earned for cancelled flights.
11. In addition to Awards, Eos may during specific time periods offer bonus Club 48 Points or promotional incentives for Club 48 Members. Such bonuses and/or promotional incentives are not a part of the Award structure and may be temporary in nature. All such bonuses and/or promotional activities are within the sole discretion of Eos and are subject to change without notice at any time. Any such offers and/or promotional activities are void where prohibited by law.
12. Club 48 Members are responsible for ensuring that earned Club 48 Points are properly credited. If the Club 48 Member believes that Club 48 Points have been earned but not properly credited, the Club 48 Member may be required to submit documentation or other proof satisfactory to Eos, which will include copies of boarding passes and receipts. Any claim for earned but un-credited Club 48 Points must be received by Eos within 90 days after the Club 48 Points were earned.
13. Club 48 Points will not be earned on unused, cancelled, forfeited, refunded or fraudulent travel bookings or on additional travel purchased on the same flight under the same name for any reason. Club 48 Points will not be earned for travel accommodated on any airline other than Eos.
14. Certain travel is not eligible for earning Club 48 Points. This includes, without limitation, the following: all travel issued as part of an Award or other free ticket promotions including, but not limited to, free or reduced-rate travel, companion tickets, infant tickets, items occupying a purchased seat, charter flights, travel agency/industry reduced-rate travel, certain unpublished fares, consolidator fares, non-revenue travel, and travel subject to special provisions. Determinations regarding travel eligibility are within the sole discretion of Eos and Eos reserves the right to revoke Club 48 Points at any time if Eos determines in its sole discretion that Club 48 Points were improperly given.

Redemption of Club 48 Points

15. Club 48 Points may be redeemed for Awards online at www.eosairlines.com, or via phone at 1.888.357.EOS7 (3677) in the USA or 0800 019 6468 in the UK. Redemption of Club 48 Points and receipt of Awards are subject to applicable rules posted on the Eos website or as otherwise published by Eos. Such rules are within the sole discretion of Eos and are subject to change without notice at any time.
16. Each Club 48 Member's Account must reflect the required number of Club 48 Points prior to redemption.
17. Eos or its partners may impose restrictions on redemption of Club 48 Points in their sole discretion. Some Awards may impose additional requirements including, but not limited to, certain skill or experience requirements (i.e. a certain golf handicap).
18. Eos will never discriminate against any member based on sex, age, race, disability, national origin, religious affiliation or sexual orientation.
19. Upon request, Club 48 Members who have earned Club 48 Points in more than one Account may combine their Club 48 Points in one Account.
20. To ensure the security of Club 48 Member Accounts, Club 48 Members are required to properly verify their identification prior to making any Award transaction by phone or by mail. All mailed Award redemption requests require the Club 48 Member's signature.
21. The Terms and Conditions applicable to Awards are set forth in the applicable program materials. Certain restrictions including, but not limited to, blackout dates, length of stay restrictions and holiday surcharges may apply to Awards and Award travel. Awards cannot be combined with other Eos offers, promotions, discounts, and/or group amenities, or those of any other vendor. All Awards are subject to availability and certain awards are available only during certain specified time periods. Certain Award availability may vary by region or country of residence.
22. Awards are subject to all other affiliate program supplier Terms & Conditions. Some affiliate program suppliers may assess individual service fees, which are the responsibility of the Club 48 Member.
23. Eos acts solely as an agent for affiliate program suppliers and is not responsible for the acts or inaction of each such affiliate program supplier. Eos is not liable for any loss or penalties incurred by a Club 48 Member if or when an affiliate program supplier is sold, ceases to exist, becomes inoperative, cancels an Award or vacation package, or for acts of nature. Eos is not liable for amenities, services and/or facilities not being available due to seasonal closings, renovations, strikes, bankruptcy and/or acts of nature.
24. The affiliate program suppliers and benefits described in the applicable program materials and on the Eos web site are accurate at the time they were published and are subject to change or cancellation without notice.
25. No refunds, credits or substitutions will be issued for any unused portion of an Award. All Club 48 Points will be forfeited if the Club 48 Member does not show up for a confirmed Award. Redeemed Awards are not refundable, exchangeable, replaceable, redeemable or transferable for cash, credit, other Awards or Club 48 Points under any circumstances.
26. It is the Club 48 Member's responsibility to obtain and have possession of valid proof of citizenship or naturalization, vaccination certificates, and/or visas before boarding a vessel or entering another country when applicable. Eos will not grant refunds, credits, or substitutions if improper proof of citizenship or naturalization documents result in the Club 48 Member being denied boarding or entry in conjunction with an Award.
27. Eos and affiliate suppliers are not responsible for replacing lost, stolen or mutilated Awards.
28. Any additional travel or accommodation arrangements made in connection with an Award, but outside of the travel or accommodation arrangements included in the description of an Award, will be the Club 48 Member's sole responsibility.
29. Some Awards may require an additional charge for shipping and handling. All such charges are the responsibility of the Club 48 Member.
30. Club 48 Members will be notified if the Award they have ordered is not available and if and when it will become available. Eos and affiliate program suppliers reserve the right to substitute Awards with items of equal or greater value. Awards shown are the models available at the time of publishing. Multiple Award orders may be delivered separately. Awards will be delivered within four weeks of receipt of the Award order unless otherwise noted.
31. Notwithstanding the notification of Awards via email, Club 48 Members are responsible for maintaining current valid email and street addresses. Eos is not responsible for undeliverable Awards or Award notifications.
32. Awards will not be delivered to P.O., A.P.O. or F.P.O. boxes.
33. If an Award is to be shipped other to the Club 48 Member's address on file, the Club 48 Member must advise the Eos representative at the time the order is placed. Delivery addresses cannot be changed after an order has been submitted.
34. Awards may not be returned or exchanged unless sufficient proof, as determined within the sole discretion of Eos, that such Award has been damaged or defective. Club 48 Members should notify an Eos representative of any damaged or defective Awards and if any replacement is needed. Any such damaged or defective Award must be returned within 30 days of delivery. Exceptions to this policy will be noted on the Eos web site in the individual Award's Terms and Conditions. Awards must be returned in their original packaging and include batteries, cables, remote controls, etc, if applicable.
35. All Awards are manufactured by independent suppliers, who may or may not issue standard warranties for their merchandise.
36. By redeeming Club 48 Points for Awards, Club 48 Members release Eos from any and all liability regarding the redemption or use of Awards or other participation in Club 48. Eos, and its parent, subsidiaries and affiliate programs make no guarantees, warranties or representations of any kind, expressed or implied, with respect to Awards, and shall not be liable for any loss, expense (including, without limitation, attorneys' fees), accident or inconvenience that may arise in connection with the use of Awards or as a result of any defect or failure of such Awards. Any implied warranties of merchantability or fitness for a particular purpose are specifically disclaimed.
37. Awards may be subject to tax liability, including, without limitation, foreign, federal, state and local taxes, surcharges, security charges and departure taxes. All tax liability, including and without limitation, disclosure connected with the receipt and/or use of Awards is the sole responsibility of the Club 48 Member.
38. Every effort has been made to ensure that the information in the applicable program materials is accurate. Eos is not responsible for misprints, errors or omissions.
39. A Club 48 member will be allowed to receive points from up to 9 other accounts into their account. Both members must give permission to Eos Airlines for the transfer of points to occur by contacting the Eos contact center. Club 48 points are void if sold, auctioned, bartered, or purchased.

Other Restrictions

40. Some employers, by policy, may prohibit or restrict employee participation in Club 48. Eos assumes no responsibility or liability for compliance with these policies.
41. Eos may share information about Club 48 Members with partner companies for marketing purposes. You may opt out by sending notification to us at the following address:
    
    Eos Airlines, Inc
    287 Bowman Ave, 4th floor
    Purchase NY 10577
    
    
42. Except as otherwise explained above, Club 48 Points are not transferable and may not be combined among Club 48 Members, their estates, successors and assigns. Club 48 Points do not constitute property of the Club 48 Member. Neither earned Club 48 Points, nor Awards are transferable by the Club 48 Member (i) upon death, (ii) as part of a domestic relations matter, or (iii) otherwise by operation of law.
43. Club 48 Points and Awards have no cash value, are void if purchased, sold, or bartered, may not be redeemed for cash or any other form of credit, are non-refundable and have no value otherwise until presented for redemption in accordance with the Terms and Conditions. Violators (including any customer who uses a purchased or bartered Award) may be liable for damages and litigation costs, including but not limited to, the actual cost of Awards and/or Eos's attorneys' fees incurred in enforcing this rule.
44. Club 48 Points may not be re-deposited once Awards have been issued.
45. If Eos improperly denies a Club 48 Member Club 48 Points, Awards, or some other benefit, the Club 48 Member's exclusive remedy shall be the issuance of the improperly denied Club 48 Points, Awards or such other alternative benefit as determined by Eos in its sole discretion, and Eos shall have no additional liability whatsoever.
46. In no event shall Eos be liable to any Club 48 Member or any individual claiming liability via a Club 48 Member or on a Club 48 Member's behalf, for any direct, indirect or consequential damages, or lost revenue or profits, arising out of Eos's acts or omissions in connection with Club 48.
47. Club 48 Members may redeem Awards for any individual. Such individuals are subject to the same Terms and Conditions as the Club 48 Member.
48. Eos may, in its sole discretion, change, limit, restrict, suspend, discontinue or cancel Club 48 and/or Club 48 benefits, Terms and Conditions, Awards, and special offers in whole or in part at any time with or without notice. This means that the earning of Club 48 Points does not entitle Club 48 Members to any vested rights with respect to such Club 48 Points, Awards or Program benefits. In earning Club 48 Points or Awards, Club 48 Members may not rely upon the continued availability of any Award, and Club 48 Members may not be able to obtain all offered Awards. If Eos updates the Terms and Conditions, any changes will apply to all Club 48 Members enrolled before and after Eos posts any such changes.
49. Any such changes will be shown in the Terms and Conditions at www.eosairlines.com and will be effective immediately unless stated otherwise. Any changes to any printed version of the Terms and Conditions will be contained in the next reprinting of that printed version. Eos will attempt to notify active Club 48 Members of major Club 48 changes, but will not be liable for failure to do so, and all Club 48 Members will nevertheless be bound. An active Club 48 Member is defined as any Club 48 Member having Point activity (earning or redemption) within the last 12 months.
50. Any departure fee, immigration fee, security fee, tax liability surcharge, passenger facility charge or any other fee or surcharge (whether enacted by a governmental authority or otherwise) is the responsibility of the passenger and/or the Club 48 Member.
51. Eos reserves the right to cancel any Club 48 Membership and revoke any and all unredeemed Club 48 Points collected by any Club 48 Member for any reason including, but not limited to: 1) violation of the Club 48 Terms and Conditions; 2) misrepresentation of any information or any misuse of Club 48; 3) violation of any national, state or local law or regulation in connection with the use of Club 48 Membership privileges; 4) failure to pay for Eos charges; 5) a check to Eos that is returned for insufficient funds or is invalid for any reason; 6) commission of fraud or abuse involving any portion of Club 48; or 7) action, in any other way, to the detriment of Club 48 or any of its affiliate partners; all as may be determined by Eos in its sole discretion.
52. Fraud, misrepresentation, abuse or violation of applicable rules (including, but not limited to, Eos's Contract of Carriage, tariffs and Terms and Conditions) may result in administrative and/or legal action by appropriate governmental authorities and/or Eos. Such action may include, without limitation, the forfeiture of any and all Club 48 Points and/or Awards accumulated in a Club 48 Member's Account, as well as cancellation of the Account and the Club 48 Member's future participation in Club 48. In addition, Eos reserves the right to take appropriate legal action to recover damages, including attorneys' fees, incurred in prosecuting any lawsuit. Any violation of such applicable rules as described above includes but is not limited to, customers who are disruptive or otherwise threaten or endanger the safety and security of Eos crew members or other Eos customers as described in the Eos Contract of Carriage and tariffs.
53. Neither Club 48 nor any benefit offered by Club 48 creates, constitutes or gives rise to any legal or contractual rights by Club 48 Members against Eos.
54. Eos is not responsible for typographical errors and/or photographic errors and/or omissions in the Club 48 or other applicable Terms and Conditions.
55. All rules are subject to interpretation by Eos. Headings used in the Terms and Conditions are for convenience purposes only and shall not be used in interpreting the Terms and Conditions.
56. Any disputes in connection with Club 48 or the Terms and Conditions shall be governed by New York law, exclusive of New York choice of law rules, and the Club 48 Member agrees to the jurisdiction of the New York courts to resolve any dispute in connection with Club 48 or the Terms and Conditions.