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Whereas TUIfly and airberlin offer participants in the bluemiles programme (hereinafter referred to as “bluemiles-participants”) the option of transferring their Bonus and Status miles collected by way of their participation in the bluemiles programme (hereinafter referred to as “bluemiles Bonus and Status Miles”) to their topbonus miles account. bluemiles-participants who do not as yet have a topbonus-miles account may register for the topbonus programme in order to transfer their bluemiles Bonus and Status Miles.

Whereas if such persons choose to transfer their bluemiles Bonus and Status Miles, their bluemiles Bonus and Status Miles shall be transferred to their topbonus-miles account in accordance with these transfer terms and conditions.

The offer for transfer is valid for bluemiles Bonus and Status Miles collected up until key date 24 October 2009, 23:59 hours. The transfer shall take effect as of 25 October 2009, 00:00 hours. For technical reasons, the transfer of bluemiles Bonus and Status Miles to the topbonus account may take a number of days.

bluemiles Bonus and Status Miles collected up until key date 24 October 2009, 23:59 hours but not yet credited shall be retrospectively transferred. Please take into account any pertinent TUIfly exclusion deadlines for the retrospective crediting of miles in accordance with bluemiles terms and conditions.

With respect to the redemption of transferred bluemiles Bonus Miles, airberlin’s topbonus participation terms and conditions shall apply.

Your bluemiles Bonus and Status miles shall be transferred at a ratio of 2 bluemiles to one topbonus-mile on to your topbonus-miles account, reflecting the situation that in the topbonus programme, as a rule only half as many miles are awarded and required for a bonus flight as is the case in the bluemiles programme. This transfer ratio shall also apply to all partner miles and other bluemiles.
Example transfer:

• 15,000 bluemiles correspond to 7.500,500 topbonus-miles  (e.g. inner German bonus flight)
• 20,000 bluemiles 10,000 topbonusmiles  (e.g. bonus flight Germany-Italy
• 30,000 bluemiles correspond to 15,000 topbonusmiles  (e.g. bonus flight Germany – Canaries)

If you have already collected Status-Miles in the topbonus programme prior to transferring bluemiles Status Miles on 24 October 2009, 23:59 hours, the bluemiles Status-Miles transferred shall be added to your Status-Miles credits in the topbonus programme. In the event that this results in a higher status in accordance with the topbonus terms and conditions, you shall receive either topbonus Silver Status (requirement: 20,000 topbonus Status Miles within the last 12 months) or topbonus Gold Status (requirement: 40,000 topbonus Status-Miles within the last 12 months). In addition, at the time of registration a one-off review shall take place of the number of flights taken within the last twelve months in both programmes, and in the event of 24 completed flights, topbonus Silver Status shall be awarded.

1. Remaining validity of Bonus Miles
In the topbonus programme, Bonus Miles elapse if not redeemed within a period of 36 months after the end of the quarter in which they were collected. Bonus Miles are collected in the topbonus programme at the time in which the performance was received that generated the miles awarded.

Accordingly, any bluemiles Bonus Miles transferred shall elapse after a period of 36 months after the end of the quarter in which they were collected, i.e. on 31 March, 30 June, 30 September or 31 December of any one year.

Example: bluemiles Bonus Miles collected for a flight on 3 February 2008 shall elapse on 31 March 2011

2. Residual validity of Status-Miles
In the topbonus programme, Status-Miles elapse after a period of 12 months after the end of the month corresponding to the designated month in which they were collected. In the topbonus programme, Status-Miles are collected at the time in which the performance was received that generated the miles awarded.

Accordingly, any transferred bluemiles Status-Miles shall elapse after a period of 12 months after the end of the month corresponding to the designated month in which they were collected.

If you decide to transfer your bluemiles Bonus and Status Miles you are entitled prior to 25 October 2009 to use bluemiles Bonus Flights to book airberlin Bonus Flights having a departure date from and including 25 October 2009 on former TUIfly flight routes (including inner German flights and flights to Austria and Italy). This only applies to those flight routes published in the current bluemiles Bonus Tables. The number of Bonus Miles required for redemption to equal the value of the flight price shall continue to be in accordance with bluemiles terms and conditions (short haul: 15,000 miles, medium haul: 20,000 miles, long haul: 40,000 miles). Taxes, passenger charges and fuel surcharges shall be in accordance with the airberlin rates valid at time of booking and shall be paid by the participant directly to airberlin.

Up until 24 October 2009, Bonus Flight bookings should be made via TUIfly-Service-Center on telephone: 0049 (0) 1805 - 45 22 45 (charged per minute in DT Telekom fixed line network 0.14 €, mobile phone rates may deviate).

Following your consent to the transfer of the bluemiles Bonus Miles to your topbonus Miles account, any bookings made after 25 October 2009 for Bonus Flights with a departure date after 25 October 2009 shall be subject exclusively to airberlin’s route network and airberlin topbonus participation terms and conditions. These Bonus Flights may be booked online via the website airberlin.com.

Should you choose to transfer your bluemiles Bonus and Status Miles, TUIfly shall transfer the following personal data to airberlin for the following purposes:

1. Data transferred
Contact data:
First name and surname, date of birth, address, e-mail address, any telephone numbers specified and the communication language indicated by the participant.

Programme data:
With respect to all activities in which participants have collected Bonus and Status Miles within the bluemiles programme, so-called programme data are generated and stored by TUIfly. The programme data required by airberlin for the purpose specified in section VI.2 shall be transferred by TUIfly to airberlin. In detail, this information shall comprise:

• Total number of Status Miles together with time of collection with reference to the month and differentiated according to German flights, city and holiday routes as well as total number of flights;
• Total number of Bonus Miles together with time of collection with reference to 3 months and differentiated according to inner German flights, city and holiday routes and other bonus miles.

2. Purpose of data transfer
Data transfer is undertaken in order to facilitate your participation in the topbonus programme and to transfer your bluemiles Bonus and Status Miles to your topbonus-Miles account in accordance with the transfer ratio, and in particular to determine your topbonus status, to determine the residual validity of Bonus and Status Miles transferred and for verification and invoicing purposes.

1. bluemiles terms and conditions are unaffected.
2. Subject to German law only.
3. If participants have no general court of jurisdiction in the Federal Republic of Germany, court of jurisdiction shall be Berlin, Germany. Furthermore, a member may also apply to a court of general jurisdiction or a court at any other place which may have legal jurisdiction.
4. In so far as individual provisions of the above regulations are void in whole or in part this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a provision which best approximates the legal purpose and intention of the invalid provision. Similar shall apply to any gaps.

User:
1. Hapag-Lloyd Express GmbH
Benkendorffstraße 22B
30855 Langenhagen
HRB 51496, District court Hannover

2. Air Berlin PLC & Co. Luftverkehrs KG
Saatwinkler Damm 42-43
D-13627 Berlin
District court Charlottenburg, HRA 23373

As of : 24.08.2009