Sfeer Terms and Conditions

1. Introduction

1.1 These Terms and Conditions (together with any documents incorporated by reference here, including any and all Policies, the “Terms”) form the basis of the Riyadh Air’s loyalty program- “Sfeer”. These Terms form a contract between each Member and Riyadh Air governing all aspects of Sfeer. It is the Member's responsibility to read and understand these Terms before accepting/consenting to it/them. By accessing or using any feature or functionality of Sfeer, or any part of the Platform relating to Sfeer, the Member acknowledges that they agree to be bound by these Terms.

1.2 These Terms may be amended by Riyadh Air at its sole discretion from time to time. The current Terms are those available on the Platform. Members will be provided with a link to these Terms at the time of joining Sfeer, to which they must consent in order to be issued a Membership Account in Sfeer.

1.3 Riyadh Air may make changes (whether material or otherwise) from time to time to, inter alia, Sfeer, these Terms (including any and all Policies), the Rewards or Benefits offered, and the Fee Schedule, including (without limitation):

1.3.1 changes to:

(i) the ways in which Sfeer Points are earned, redeemed and remain valid or expire;

(ii) Sfeer Points earning and redeeming rates;

(iii) Rewards and Benefits, including their the continued availability and validity;

(iv) Reward restrictions and conditions;

(v) Sfeer Level restrictions and conditions;

(vi) Membership tier requirements and benefits;

(vii) Ticketing procedures; and

(viii) Ticketing, service charges and other fees.

1.3.2 changes to the parties included as Partners, or the products and services offered by any of those parties on which Sfeer Points (and where applicable Level Points) may be earned or (if possible) redeemed;

1.3.3 changes to any Partner participation including (without limitation) restrictions on earning and/or redeeming Sfeer Points, cancellations, Sfeer Point earning and redemption levels, Rewards or Benefits; and

1.3.4 changes to any Riyadh Air products, services or flights, and Sfeer including termination of such program.

1.4 The changes will be effective from the date specified in the updated version of these Terms posted on the Platform. Except with respect to changes to Policies (which will be subject to clause 9), Riyadh Air will use reasonable endeavours to give Members reasonable notice (by e-mail, notice on the Platform and/or any other means of communication as may be chosen) of material changes to these Terms.

1.5 Riyadh Air will publish the most recent version of the Terms on the Platform. Without limiting clauses 1.4 and 1.5 in any way, Members will be deemed to have received the notices referred to in clauses 1.4 and 1.5, if Riyadh Air notifies Members of the change by: 

1.5.1 providing notice at the registered email address provided to Riyadh Air by the Member; or,

1.5.2 if no valid email address is held by Riyadh Air, by posting the updated Terms on the Platform.

1.6 Riyadh Air reserves the right to interpret, apply, update and revise from time to time and at any time, some or all of any Policies or other documents referred to in, or incorporated into, these Terms. All decisions made by Riyadh Air in respect of any Policies or other document referred to herein shall be final and conclusive in each case.

2. Definitions

2.1 In these Terms unless the context otherwise requires:

'Benefits' means any of the Sfeer Points, Rewards, facilities, discounts, services or arrangements offered or available to a Member as a result of participation in Sfeer including earnings and redemptions;

“Enrolment Form” means the form prescribed by us, which is required to be completed by Members and submitted to Riyadh Air in order to assess eligibility for Membership of Sfeer;

“Member” (also referred to as 'you' and as the context may require, ‘your’) means a person (who must be an individual aged 18 years or older), who subscribes to, and has been accepted by Riyadh Air into Sfeer;

“Level Points” means the specific units required to be earned by Members so as to attain and retain Sfeer Levels.

“Membership” means a membership of Sfeer;

“Membership Account” means the record of a Member's Membership issued and maintained by Riyadh Air, which is available to be accessed (including by the Member) online via the Platform;

“Membership Number” means the distinctive membership number allocated to each Member in respect of that Member’s Membership Account, which number may not be changed by a Member;

"Partners" means an airline or a non-airline entity participating in Sfeer whose qualifying flights/services/products:

(i) would earn Sfeer Points, when purchased or availed (in case of services); or

(ii) can be purchased or availed (in case of services) by redeeming Sfeer Points, in each case as specified in these Terms, published on the Platform and/or as otherwise specified in Riyadh Air’s valid publications, as issued from time to time; or

(iii) would be offered at a discount or added value when purchased or availed (in case of services);

“Platform” means the Riyadh Air or Sfeer website, including any web-pages linked through it, and the Riyadh Air Application, as updated from time to time, the current URL of which is at riyadhair.com.

“Policy”, ”Policies” means Sfeer’s policies, procedures, rules and regulations that are published from time to time by Riyadh Air and incorporated by reference into these Terms, and individually and/or collectively govern the operations and functioning of Sfeer;

"Reward" means any Riyadh Air or Partner product or service which has been nominated by Riyadh Air as eligible to be obtained by a Member by redeeming Sfeer Points through the Platform in accordance with, and as specified in, these Terms and/or as otherwise specified and extant in Riyadh Air’s valid publications, as issued from time to time;

“Riyadh Air Application” means Riyadh Air’s mobile applications.

“Riyadh Air”, “we”, “our”, “us” means Aviation Services Company incorporated as a single shareholder closed joint stock company, organized and existing under the laws of the Kingdom of Saudi Arabia, with commercial registration number 1010768826, and having its national address at General Authority of Civil Aviation, Building 4075, P.O. Box 8427, Riyadh 13443, the Kingdom of Saudi Arabia;

"Riyadh Air Service Centre" means the contact centre, by whatever name it may come to be known as, identified on the Platform as fully authorised and equipped to provide the requisite range of services offered under Sfeer;

“Sfeer” means the loyalty program developed and offered by Riyadh Air to incentivize and reward Members who frequently engage with Riyadh Air or its Partners and to reward Members who avail/purchase/use qualifying services/products of Partners;

“Sfeer Level” means the status level of a Member, derived from the accumulation of Level Points;

“Sfeer Points” means the reward units awarded to a Member by Riyadh Air for travel with Riyadh Air and its Partners and/or by purchasing products and (availing) services from its Partners, in accordance with and as specified on the Platform and/or as otherwise specified in valid publications, as issued from time to time by Riyadh Air; and

3. Enrolment

3.1 Persons wishing to become Members must apply for Membership and be accepted by us. Membership is offered at our sole and absolute discretion. We have the right to accept or reject any application for Membership for any reason or no reason at all.

3.2 Application to become a Member is currently open to any individual who is at least 18 years of age.

3.3 Unless, and only for so long as, we expressly specify otherwise in a Policy (at our sole discretion), Membership is open only to individuals. It is not open to groups, companies, trusts, partnerships, other entities, government departments, agencies, animals or inanimate objects.

3.4 Your Membership and any Benefits accruing from it are non-transferable, except as, and only for so long as, expressly authorized by us in writing and in accordance with our Policies. 

3.5 To apply for Membership, you must complete the Enrolment Form and provide all mandatory details. Subsequently, after all Membership requirements are satisfactorily met, the Membership Account shall be activated.

3.6 The right to redeem Sfeer Points can only be exercised by Members who have full legal capacity to enter into legally binding contracts under applicable law.   

3.7 Each Enrolment Form has to be submitted with a unique, valid and functional email address and mobile phone number (i.e. the email address and mobile phone number must not be the same as one which is already in use by another Member), which will become a Member’s registered email address and mobile phone number, and must provide all information that we designate as mandatory on the Enrolment Form (e.g., first and last name as stated in the Member’s passport (or other government-issued identification document, if applicable), date of birth, place of residence). You warrant to us that any and all information you provide as part of the Membership application process, including on the Enrolment Form, will be accurate and complete, and that you lawfully control access to and use the the registered email address and mobile phone number you provide(d) on the Enrolment Form.

3.8 Each Member may have only one Membership Account. Upon request from us and if required, you will provide to us a copy of your passport (or other official government-issued identification document that we consider acceptable, in case a passport is unavailable) for the purpose of identity verification. The full name on your Membership Account should match your full name as shown on your passport (or other official form of government-issued identification, if applicable).

3.9 Subject to our acceptance of your Enrolment Form, the start date of your Membership will be the date on which your Enrolment Form was submitted via the Platform or the Riyadh Air Service Centre or other prescribed channels.

3.10 Members will be assigned a Membership Number. The Membership Number along with other confidential information, will be used for security of the Member's Membership information. It is your responsibility to ensure that your security information is kept secure at all times.

3.11 You should not disclose your login credentials to any other person.  Please make sure that your login credentials are not written down.

3.12 Riyadh Air assumes no responsibility for stolen login credentials and is not liable for any unauthorised access by third parties to a Member's Membership Account and/or associated information.  

3.13 Riyadh Air will not re-credit Sfeer Points for any unauthorised redemptions using the Member’s security login or passwords. 

3.14 When you apply for Membership, you will be able to access your Membership Account using one time passwords sent to your registered email address and/or mobile phone number. These one time passwords will be used to authenticate your identity when accessing certain areas of the Platform or performing transactions via the Platform. 

3.15 We may accept or reject any application for Membership, at our sole discretion and are under no obligation to provide any reason(s) therefor. 

4. Responsibility of the Member

4.1 You must not:

4.1.1 act in any way which breaches these Terms, or the Riyadh Air Conditions of Carriage; 

4.1.2 abuse or misuse any Rewards, Sfeer Points, facilities, services, arrangements or other Benefits accorded to a Member as a result of her/his Membership; or 

4.1.3 engage in other unacceptable conduct against Riyadh Air or any Partner, including (without limitation) by:

(i) engaging in illegal, dishonest or fraudulent activities;

(ii) supplying or attempting to supply false or misleading information, or making false or misleading misrepresentations;

(iii) acting in a hostile, abusive or aggressive way towards any Riyadh Air staff or the staff of any Partner;

(iv) acting in an unruly manner on board a flight or in any airport lounge;

(v) refusing to follow reasonable instructions from any Riyadh Air staff or the staff of any Partner; or

(vi) dealing with any Rewards, Benefits or Sfeer Points other than in accordance with these Terms, for example, selling, assigning, transferring or acquiring or offering to sell, assign, transfer or acquire any Rewards, Benefits or Sfeer Points in a way not expressly permitted by these Terms.

4.2 We may choose to take legal action against any Member whom we find to be in breach of any provision of these Terms or any applicable law. 

4.3 You are responsible for ensuring that you have sufficient Sfeer Points to redeem for any Reward that you request.

4.4 You are responsible for regularly checking your Membership Account and must:  

4.4.1 notify us of any omissions, incorrect entries or other discrepancies within the time frame (as may be specified from time to time) of any applicable flight;

4.4.2 notify us or the applicable Partner (as specified by us) of any omissions, incorrect entries or other discrepancies within the time frame (as may be specified from time to time) of any other transaction. 

4.5 At all times (including, without limitation, in case of a claim for retroactive award of Sfeer Points), we (and each Partner) may require proof (satisfactory to us) from you, for example (without limitation) proof of flights claimed to have been flown, copies of ticket coupons, original boarding passes, and copies of receipts or similar documentation (car rental agreement, hotel voucher or hotel bill etc.), and may in our sole discretion reject any claim for Sfeer Points or revoke any already awarded Sfeer Points, if you fail to provide any such proof.

5. Member Contact Information

5.1 At this time, Members are not able to themselves amend any of the personal details provided on the Enrolment Form at the time the Membership Account is issued, but may request that Riyadh Air amend any personal details constituting personal data in accordance with the process for exercising their rights under applicable data protection legislation described in Riyadh Air’s privacy policy.

6. Suspension or Termination of Membership

6.1 If we suspect that:

6.1.1 there has been fraudulent activity on, or in connection with, a Membership Account; or

6.1.2 a Member has committed a breach of any of these Terms; or

6.1.3 a Member has failed to pay any money due to Riyadh Air by the due date, whether intentionally or otherwise, then we may, in each case, immediately suspend the relevant Membership Account to investigate and to prevent any further fraudulent activity, breach or misuse. The Membership Account may still accrue Sfeer Points, however no Sfeer Points can be redeemed during the suspension period.

6.2 If we suspend a Membership Account under clause ‎6.1 above, we will use reasonable endeavours to notify the relevant Member of the suspension and the reason for such suspension as soon as practicable, provided that we will not be obliged to make such notification in advance of the suspension. If a Member is reasonably suspected to have facilitated or been involved in the specified activity, such Member will then have 14 calendar days to respond to the notice by providing an explanation for the specified activity, rectifying the identified breach (where possible) and providing any reason why the suspension should be lifted and no further action be taken against her/him. We will review any response provided by such Member and determine, in our sole and absolute discretion, whether the lifting of the suspension or not taking any further action is warranted. 

6.3 We will advise such Member of the outcome of the process outlined in clause ‎6.2, which may include us:

6.3.1 lifting the suspension with no further action; or

6.3.2 acting reasonably, taking one or more of the following actions:

(i) reverse or cancel some or all of the Member’s Sfeer Points; or

(ii) cancel, suspend or refuse to honour any Rewards, Benefits or both, that have been redeemed by or provided to the Member; or

(iii) terminate the Member’s Membership, in which case the Member’s Membership Account will be cancelled.

7. Cancellation of Membership

7.1 You may at any time cancel your Membership by providing written notice to us. Riyadh Air may also cancel your Membership in accordance with these Terms by providing notice to you. Following receipt of your notice (or delivery of our notice, as applicable), we will cancel the relevant Membership and all Sfeer Points, Rewards and other Benefits associated with your Membership account will immediately expire and will become irreversibly forfeited. You acknowledge and agree that Riyadh Air will have no liability, and that you will not receive any compensation, for any Sfeer Points, Rewards or other Benefits associated with your Membership Account at the time you request its cancellation, regardless of the reason for cancellation.

7.2 Once initiated by you, the process for cancelling your Membership Account is irreversible and cannot be stopped, but it may take up to 45 (forty five) calendar days to complete it. While the Membership Account cancellation process is ongoing, a Member will not be able to access or use their Membership Account, or enrol for a new Membership Account using the same credentials used for creating the first Membership Account.

7.3 We retain the right to cancel your Membership in the event of any breach of these Terms. Any Reward booking made by you, either before or after the date of breach, will be subject to review, and possible cancellation by us at our sole discretion.     

7.4 After a continuous period of 36 (thirty-six) months of inactivity (i.e. a period during which no Sfeer Points are awarded or redeemed) with respect to your Membership Account, we reserve the right to terminate your Membership, and cancel your Membership Account. 

7.5 When notified of a Member’s demise, Sfeer may take steps to terminate and cancel such Membership Account. At its sole discretion, Riyadh Air may from time to time permit Sfeer Points associated with a deceased Member’s Membership Account to be transferred to the Membership Account of another Member who has been nominated by, or is next-of-kin of, the deceased Member in accordance with any applicable Policies.

8. Sfeer Cards

From time to time, we may issue to you a digital and/or physical card setting out your Membership Number and Sfeer Level. You agree to not permit anyone else to use such card, and to not use such card past its date of expiration (if any).

9. Policies for Earning Sfeer Points, Sfeer Level and Redeeming Sfeer Points for Rewards

9.1 From time to time we may establish, amend or revoke Policies for:

9.1.1 earning Sfeer Points (e.g., by traveling on Riyadh Air or our Partners, purchasing eligible products and services from Riyadh Air or our Partners and making qualifying transactions using any of our co-branded payment cards);

9.1.2 achieving Sfeer Level (e.g., criteria for initial qualification, maintenance of the Sfeer Level, and Benefits accruing to each Sfeer Level); and

9.1.3 redeeming Sfeer Points for Rewards and other Benefits (e.g., for travel and other products and services provided by Riyadh Air or any of our Partners).

We will publish such Policies on the Platform, and upon publication, these documents will be deemed incorporated by reference into these Terms. We may update any such Policies from time to time and at any time without prior notice to any of our Members. Your continued access or use of the Platform following the publication of such an updated document, will be deemed to indicate your acceptance of the updated version.

10. Sfeer Partners

10.1 From time to time, Riyadh Air may enter into arrangements with Partners for the awarding or redemption of Sfeer Points and other Benefits. Further details regarding the specific process for awarding or redeeming Sfeer Points and other Benefits, and any specific terms, conditions and restrictions applicable in the context of Sfeer Points earning and redemption at Partners may be set out in a relevant Policy.

10.2 Agreements with our Partners for the awarding or redemption of Sfeer Points may be changed or terminated from time to time and without notice to Members. A list of Partners is available on the Platform, but we cannot guarantee that such list will be complete or accurate.

10.3 Any Partner may at any time withdraw from Sfeer or change their terms and conditions for the supply, as well as the availability, of products and services provided (including as Rewards or other Benefits) in relation to Sfeer.

10.4 We cannot guarantee and are not liable for the continuation of or any change in the participation of our Partners in Sfeer or any unavailability or disruption in supply of any products or services provided by Partners (including as Rewards or other Benefits).

10.5 We will not be liable in respect of any acts or omissions of Partners, including where such Partner ceases to participate in Sfeer, fails to report to us (or provides inaccurate report(s) of) the allocation and award of Sfeer Points to your Membership Account, or fails to supply any products or services (including as Rewards or other Benefits). 

10.6 Rewards in relation to products and services offered by Partners including but not limited to financial, hotel, car rental or leisure partners are awarded in accordance with the rates and terms and conditions determined by the Partner and are subject to change, without notice and at the Partner’s discretion. Applicable rates, and terms and conditions should be confirmed with the relevant Partner before purchasing/availing any such products or services.

11. Miscellaneous

11.1 Personal Information

Any personal information about you which you supply us or we collect about you is governed by Riyadh Air’s privacy policy, a copy of which (as it may be amended or updated from time to time) is available for review on the Platform, and which, together with information about cookies and the use of cookies, shall be deemed to be incorporated into these Terms.

11.2 No Warranties 

11.2.1 All Sfeer Points, Rewards and other Benefits and any content provided on or through the Platform are, to the fullest extent permitted by applicable law, provided to you on an “as is” and “where is” basis, without warranty of any kind from us, either express or implied, including, but not limited to, any implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy, nature, type, quality, and condition of the goods, assets. 

11.2.2 We do not warrant or represent that the content accessible on or through the Platform or any website or document referenced therein is complete, accurate or up-to-date. We are under no obligation to update any content on the Platform or any linked website or document. We may change the content on or make improvements or changes of the Platform at any time without notice.

11.3 Limitation of Liability  

11.3.1 The information, products, services, and descriptions of Sfeer Points, Rewards and other Benefits, any elements, features or functionalities of Sfeer, and any other content published on the Platform or linked websites or documents may include inaccuracies or errors, and we disclaim any liability for such inaccuracies and errors. Other than to the extent required under applicable laws, we are not liable for any loss or damage caused by your reliance on such information obtained through any linked websites not operated by us.

11.3.2 You agree that we will not be liable, whether in contract, tort, strict liability or otherwise, for any loss of profits, loss of opportunity, loss of data, damage to goodwill, cost of procuring substitute service, or for any indirect damages arising out of or in connection with these Terms, including without limitation:

(i) your participation in Sfeer, including your access and use of (or inability to access or use) your Membership Account, Sfeer Points, Rewards and other Benefits;

(ii) the access and use of the Platform including any documents or websites referenced therein;

(iii) the delay or inability to use the Platform; or

(iv) or any breach of these Terms, even if we are made aware of the possibility of such damages.

11.3.3 We cannot and do not guarantee continuous, uninterrupted or secure availability, access or use of the Platform (or any documents or websites referenced therein) or any Sfeer Points, Rewards or other Benefits. 

11.3.4 You expressly acknowledge and agree that we are not liable for the acts, errors, omissions, representations, warranties or negligence of our Partners. Neither us, nor our Partners, shall be responsible for or liable to you in connection with any restrictions, qualifications, or other terms and conditions imposed outside of our/their control when accessing and using Sfeer.

11.3.5 As far as permissible by applicable law, we disclaim any product or other liability, whether based on contract, tort, strict liability or otherwise, including without limitation liability for any direct, punitive, special, consequential, incidental or indirect damages, in connection with the provision of Sfeer Points, Rewards or other Benefits, or other goods or services associated as part of Sfeer, including and without limitation to liability for any act, error, omission, injury, loss, accident, delay or irregularity which may be incurred through the fault, negligence or otherwise, of such Partner or third party and you hereby expressly exonerate us from any liability with respect to the same. 

11.3.6 We shall not be liable for any loss or  damage, whether direct or indirect, resulting from the termination or change of Sfeer. If Sfeer is terminated, Sfeer Points, Rewards, Sfeer Level and all other Benefits will have no value upon such termination, and you acknowledge that you will not receive any compensation in connection therewith. We will use reasonable endeavours to give Members adequate notice, if we determine at our sole discretion that this is practicable in the cricumstances, of such termination.

11.3.7 Subject to the above provisions in this clause 11, and to the maximum extent permitted under applicable law, our entire liability to any Member shall not exceed the total nominal value (as reasonably determined by us) of the Points associated with their Membership Account.

11.3.8 Nothing in these Terms, including without limitation nothing in this clause 11, shall exclude or limit our liability for fraud or in other circumstances where liability cannot be limited or excluded under applicable law.

11.3.9 We reserve the right to seek all remedies available at law and in equity for any misuse of the Platform and/or violations of these Terms, including the right to block access to the Platform from particular internet addresses.

12. Auditing

12.1 We reserve the right to audit any and all Membership Accounts at any time and without notice to you, in accordance with these Terms and in order to ensure compliance with the Policies, any applicable laws and any applicable conditions of carriage and/or tariffs.

12.2 We reserve the right to delay any Reward, Benefit or other service to you until the satisfactory completion of any such audit or investigation.

12.3 If you suspect that you've received a fraudulent communication that appears to be from us, please do not respond. Never click on any link that seems suspicious nor provide any personal information. We would encourage you to:

12.3.1 forward such communication to us using the relevant contact information published on the Platform; and

12.3.2 in case of an email, delete the email.

If you have responded or disclosed your personal information to a possible fraudulent message, promptly notify the email address referred to in clause 12.3.1.

13. Law and Jurisdiction

13.1 These Terms and the relationship between us and you are governed by the laws of Kingdom of Saudi Arabia. By completing and submitting an Enrolment Form to join Sfeer, you are agreeing to submit to the exclusive jurisdiction of the courts of Riyadh in the Kingdom of Saudi Arabia. 

13.2 If in any jurisdiction, Sfeer and its associated Rewards, Benefits or such other goods or services is unlawful, then to the extent that the laws of that jurisdiction are applicable, the issue or redemption of Rewards, Benefits or such other goods or services and any related documents are void.

14. General

14.1 You may not assign or transfer these Terms or any of your rights or obligations hereunder to anyone else without Riyadh Air’s prior written consent. Riyadh Air may assign or transfer to any third party, in its sole discretion, any and all of its rights or obligations hereunder (including by way of novation) on prior notice to you and without the need for your consent.

14.2 If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, then such provision will be deemed severed from these Terms and ineffective, without affecting the validity of any other provisions.

14.3 These Terms (including any Policies), as amended from time to time in accordance with clause 1, set out the entirety of the agreement between you and Riyadh Air in respect of Sfeer, and supersede any prior or contemporaneous agreements, arrangements or understandings regarding the same subject matter (including, without limitation, any policies, facilities or procedures relating to Sfeer). No amendment of these Terms will be effective unless performed in accordance with clause 1, or if agreed by the parties in writing. .

14.4 No failure or delay on the part of Riyadh Air to exercise any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or remedy by Riyadh Air preclude or prohibit the exercise of such right, power or remedy. All remedies hereunder are cumulative and are not exclusive of any other remedy provided by law.

14.5 Any notice required or permitted to be given by Riyadh Air to you in connection with these Terms shall be deemed to be valid and delivered on the day when Riyadh Air provides such notice by email, electronic or text message (at Riyadh Air’s option) to the registered email address or mobile phone number that Riyadh Air has on record for your Account at that time.

14.6 In the event of an inconsistency between the Arabic version of these Terms and their translation into any other language, the English version will prevail to the extent of the inconsistency.