RED BY DUFRY LOYALTY PROGRAM

TERMS AND CONDITIONS

  1. Ownership
    1. Pursuant to the provisions of Article 10 of the Information Society Services and eCommerce Law 34/2002 of 11 July (hereinafter, “LSSI”), please be advised that the provider of the “Red by Dufry” loyalty program (hereinafter, the “Program”), via the “red.dufry.com” page of the “Red by Dufry” mobile app (known jointly as the “Platforms”) is World Duty Free Group, S.A. (hereinafter, “WDFG”), a company of the Dufry group, with Spanish Tax Identity Code number A-84205863, listed on the Companies Register of Madrid under Volume 20644, Folio 105 and onwards, Page M365571, with registered offices at Calle Josefa Valcárcel, 30 - ED Merrimack IV, 28027 Madrid, Spain and e-mail address: atencion.clientes@dufry.com
  2. Use of the Program
    1. These are the Terms and Conditions controlling the access to and use of the Program, and by accessing it via the Platforms and/or using it, the user agrees to them and accepts the conditions (“Conditions”) of the Program available at any given time on the Platforms. Should any user not agree with these terms and conditions, he or she must stop using the Program. Users must read these Terms and Conditions carefully.
    2. Access to the Program is free of charge, except with regard to the connection cost via the telecommunications network supplied by the access provider contracted by the user
    3. WDFG reserves the right to make changes and updates to the Program, the Platforms and their contents, configuration and presentation at any time and without the need for prior notice, including these Terms and Conditions. We therefore recommend you read them every time before accessing and using the Program and/or Platforms. WDFG also, at any given time, reserves the right to decide upon the continuity of the information society services provided via the Platforms
    4. Users agree not to use the Program and/or Platforms for fraudulent purposes and not to behave in any manner that might damage the image, the interests and the rights of WDFG or of third parties. Users must use the Program, the Platforms, the services and the contents included in it in a diligent, correct and legal manner. More specifically, Users agree to abstain from: suppressing, avoiding or manipulating the copyright and other data identifying the rights of its owners included in the contents of its Platforms and the technical protection devices or any information mechanism that said contents might include. Furthermore, Users agree not to take any action aimed at damaging, overloading or rendering the Program and/or its Platforms useless or that prevents its normal use and operations in any way.
    5. Where users are in breach of these Terms and Conditions or where WDFG reasonably suspects that they are in breach, WDFG reserves the right to limit, suspend or terminate their access to the Program and/or the Platforms, adopting any technical measure required for this purpose. WDFG also reserves the right to decide, at any time, as to the continuity of the Program and/or of the services it provides via its Platforms.
  3. Operating of the RED BY DUFRY LOYALTY PROGRAM
    1. Requirements:

      All individuals of legal age who register as members of the Program via its Platforms can belong to the Program.

      To do so, simply access the Red by Dufry space via the Platforms owned by the Dufry group and fill in all the fields of the application form truthfully. Once the application form is complete, customers will receive a personal, temporary QR code on their mobile device that will enable them to identify themselves in the stores in order to obtain their discount and earn RED points. From then on, the app must be downloaded to be able to enjoy all the advantages of the Program.
    2. Program Advantages and Operations:

      The Program entitles members to benefit from a discount of 5% upwards in the travel retail stores of the Dufry group that are involved in the promotion in Spain, except for Loewe and Bvlgari stores. The loyalty discount may not be applied on discounted items or those already on offer and cannot be used in combination with other promotions campaigns by Dufry, such as: VIP Voucher. In the case of Hudson stores, the discount will not be applicable in press, magazines or books.The applicable discount may vary from one country to another.

      Customers wishing to register with the Program will not be required to make a minimum purchase to belong to the Program.

      There is no limitation to the use of the QR code.

      Certain product categories may be excluded from the Program and this may vary from one country to another. Customers will find information directly in the stores as to the categories excluded from the Program.

      Membership to the Red by Dufry Loyalty Program is renewed automatically every year. However, Dufry will analyse the movements of its customers and, based on their account activity, will adapt the account to the corresponding category in the Program.
    3. Declarations of the holder:

      On registering with the Red by Dufry Loyalty Program, users acknowledge:

      (i) That they are of legal age and that they are not limited, forbidden and/or restricted in their capacity to act.

      (ii) That their participation in the Red by Dufry Loyalty Program is voluntary and requires the registering of and express acceptance by the user in the Program

      (iii) That, except where explicitly indicated in these General Conditions, participation in the Red by Dufry Loyalty Program will be terminated whenever users fail to meet the requirements described in Section 3.3. of these General Conditions and/or are limited in their capacity to act. WDFG reserves the right to remove anyone who no longer meets said requirements to belong to the Program or who does not provide the necessary information requested of them.
  4. Security
    1. Users shall be solely responsible for the use and non-disclosure of the user name, email verification and password provided or selected for their participation in the Program. It must not be shared with or transferred to third parties. We must be informed immediately of any unauthorised use of the user name or password or any other security breach regarding the Program.
  5. Third-Party Services
    1. The customs control sections of the Program are operated by third parties that do not belong to the Dufry group. WDFG shall not be held responsible for the truthfulness and precision of the information provided by third parties.
  6. Modification of these Terms and Conditions
    1. We reserve the right to modify these Terms and Conditions at any time. These changes will apply once they have been published on our Platforms and Users are responsible for reading the Terms whenever they use the Program and/or these Platforms.
    2. The Terms and Conditions in force at any given time will apply to each activity performed using the Program.
    3. Continued use of our Program implies your acceptance of and compliance with the Terms and Conditions in force
  7. Personal Data Protection and Cookies Policy
    1. Any personal information you provide when you use our Program will be processed and used according to our Privacy Policy. By using our Program, you accept that your details will be processed under the terms established therein.
    2. The aspects relating to the processing of the personal details of Users following use of the program are controlled in the Privacy Policy texts attached to the different data collection forms that may be included in the Program and/or the Platforms.
    3. The Platforms use a technology known as “cookies" to collect information on the way in which the Program and/or the Platforms are used. For further information on how WDFG uses cookies, please read the Cookies Policy
  8. Intellectual and Industrial Property
    1. The intellectual property rights on the provision of the contents of the Program and the Platforms (including the sui generis database right), their graphic design (look &feel), the distinctive symbols (brands and trademarks), the underlying computer software (including source code) and their different components (texts, graphics, photographs, videos, etc.) are held by the companies of the Dufry group. Where applicable, the group has the right to use them and, to this end, they are protected by current intellectual and industrial property law.
    2. Use of the Program and/or the Platforms by the User in any manner involves the transfer of no intellectual and/or industrial property right on the Program, the Platforms, their contents and/or the distinctive symbols of WDFG and/or Dufry. To this end, by way of these Terms and Conditions and except in cases where it is legally permitted, Users are expressly forbidden from reproducing, transforming, distributing, publicly communicating, providing, extracting and/or reusing elements of the Program and/or the Platforms, their contents and/or the distinctive signs of WDFG and/or Dufry.
    3. The reproduction of elements or contents of the Program for a profit or for commercial purposes is expressly forbidden
  9. Limitation of Liability
    1. Users acknowledge and accept that use of the Program and/or the Platforms shall remain at their entire risk and liability at all times and, therefore WDFG cannot be held liable for the incorrect or undue use of the Program and/or the Platforms. To this end, it shall only be held liable for any damage incurred by Users from use of the Program and/or the Platforms where said damage is due to our intentional acts.
    2. More specifically, WDFG shall not be held liable for:

      • The contents of the linked sites included in the Platforms. To this end, the terms included in Section 10 of these Terms and Conditions shall apply.

      • The Program and/or the Platforms possibly housing third-party advertising contents or being sponsored by third parties. Under no circumstances shall WDFG be held liable for the imprecision, falsity or irregularities contained in this material from advertisers or sponsors

      • any damages and loss of any kind caused to the User's computer equipment due to viruses, computer worms, Trojans or any other harmful element. Users acknowledge that use of the internet involves a risk of their computer equipment being affected by the aforementioned elements. To this end, Users are responsible for using the appropriate tools to detect and delete harmful software. Please consult with your internet access service provider for more information on solutions to suit your needs.

      • any damage and loss of any kind to the User arising from faults or cuts in the telecommunications networks that lead to the suspension, cancellation or interruption of the Program service while or before it is in use. To this end, Users acknowledge that access to the Program and/or the Platforms requires services provided by third parties not controlled by WDFG (for example, telecommunication network operators, access providers, etc.), whose reliability, quality, continuity and operations do not correspond to WDFG.

      • illegal, harmful or immoral contents, uses and good practice that are the responsibility of third parties.
  10. Links
    1. The Platforms may include links that enable Users to access other internet portals and apps (hereinafter, “Linked Sites”). In these cases, WDFG acts as a intermediation service provider according to Article 17 of the LSSI and shall only be responsible for the contents and services provided on the Linked Sites when it is effectively aware of any illegality and has not disabled the link with the due diligence. Should Users consider there to be a Linked Site with illegal or inappropriate contents, please inform WDFG at atención.clientes@wdfg.com. Under no circumstances will this notification involve the obligation to remove the corresponding link.
    2. The existence of Linked Sites does not imply that WDFG is effectively aware of the services and contents thereof in the case of illegality, nor that it has the necessary agreements with the controllers or owners of the Linked Sites. The existence of these links does not imply any recommendation, promotion, identification or conformity by WDFG with the statements, contents or services provided on the Linked Sites. As a result, WDFG is not responsible for the contents of the Linked Sites or for their conditions of use and confidentiality policies and Users are solely responsible for verifying and accepting them whenever they access and use them.
    3. Users and, in general, any individual or legal entity wishing to establish a link from its page or site to the Platforms must obtain the prior, written authorisation of WDFG. The establishing of said link under no circumstances implies the existence of a relationship between WDFG and the owner or holder of the site or page where it is established, or the acceptance or approval of WDFG of its contents or services.
    4. WDFG reserves the right to forbid or cancel the links to the Platforms at any time, especially in cases of illegal activity or contents on the page or site in which it is included.
  11. Force Majeure
    1. . WDFG shall not be held liable for any breach of or delay in meeting any of our obligations under these Terms that is due to an event out of our control or to Force Majeure.
    2. For the purpose of this clause, Force Majeure means any act or event outside our reasonable control, including but not limited to strikes, lock-outs or other union activism by third parties, due to a shortfall by the provider or delay, civil unrest, disturbances, invasion, terrorist attack or the threat of a terrorist attack, war (declared or not) or the threat of preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster, or the failure of the public or private telecommunications networks.
    3. In the event of Force Majeure leading to a breach of our obligations in virtue of a contract between you and us, we shall inform you as soon as reasonably possible.
  12. Contact
    1. Should you have any questions about the Program or any complaints, please contact our Customer Service Team on 900-252423, if you are calling from Spain, or (+34) 912742542, if you are calling from abroad, at atención.clientes@wdfg.com or by post to WDFG SA, Customer Service, C/ Josefa Valcárcel 30, 28027, Madrid- Spain.
  13. General
    1. We reserve the right to transfer our rights and obligations under these Terms to another organisation.
    2. Any contract executed according to these Conditions is made between you and WDFG. No third party shall be entitled to demand compliance with any of its terms. Access to, navigating around and use of the Program and/or the Platforms and, where applicable, the use or contracting of the products or services offered on it shall be the sole, exclusive responsibility of the user.
    3. Failure to demand compliance with any obligation does not imply the waiving of the right to request it at a later date.
    4. These General Conditions and any other matter relating to the use of the services that WDFG provides via the Program and/or the Platforms shall be governed by Spanish law. For cases in which regulations foresee the possibility of the parties being subject to local law, WDFG and the user, waiving any other local law that may apply, shall subject any disputes and/or legal action to the knowledge of the Courts and Tribunals of the City of Madrid.
    5. . Should any of the provisions of these Terms and Conditions is declared null and void, it shall be withdrawn or replaced. Said declaration of nullity shall not affect the validity of the remaining provisions included in these conditions.

World Duty Free Group, S.A. 2018