SKYWARDS

 

TERMS AND CONDITIONS

These Terms and Conditions (together with any documents referred to in them) apply to our supply to you of products or services (the "Product(s)") listed in our online shop found on our website www.emirateshighstreet.com (the "Website") or in The Emirates High Street catalogue (the "Catalogue").

We do not accept orders from individuals outside the countries which are listed in paragraph 4.1 of these Terms and Conditions (the "Serviced Countries"). Some restrictions are placed on the extent to which we may accept orders from or arrange delivery to other specific countries.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ORDERING ANY PRODUCT(S) FROM THE EMIRATES HIGH STREET. YOU SHOULD UNDERSTAND THAT YOUR USE OF THE WEBSITE OR THE CATALOGUE OR THE INFORMATION CONTAINED WITHIN THE WEBSITE OR THE CATALOGUE OR BY ORDERING ANY OF OUR PRODUCT(S), YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS. THE EMIRATES HIGH STREET IN ITS SOLE DISCRETION, RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS AT ANY TIME WITHOUT NOTICE, ALTHOUGH ANY CHANGES WILL BE POSTED ON THE WEBSITE, OR IN THE CASE OF THE CATALOGUE, PUBLISHED IN THE NEXT ISSUE. BY BROWSING THE WEBSITE YOU ACCEPT THAT YOU ARE BOUND BY THESE TERMS AND CONDITIONS AND WE THEREFORE RECOMMEND THAT YOU CHECK THESE TERMS AND CONDITIONS EACH TIME YOU VISIT THE WEBSITE.

IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS PLEASE DO NOT USE THE WEBSITE OR THE CATALOGUE.

INTRODUCTION

The Website and the Catalogue are owned and operated by The High Street LLC trading as The Emirates High Street ("The Emirates High Street", "we", "us" or "our").

1 GENERAL CONDITIONS OF USING THE EMIRATES HIGH STREET

1.1 Your Account

In order to purchase Product(s) you must register with us. To register with us you must be over eighteen (18) years of age and ensure that all the details provided by you on registration or at any time are correct and complete. You must inform us immediately of any changes to the information that you provided when registering by updating your details in the "Your Account" area of the Website.

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that your password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. If you are a member of the Skywards frequent flyer program ("Skywards Member"), you agree that your use of the Website shall be governed by these Terms and Conditions.

We reserve the right to refuse access to the Website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.

We do not sell Product(s) for purchase by children. We sell children's Product(s) for purchase by adults. If you are under eighteen (18) years of age, you may only order Products with the involvement of a parent or guardian.

1.2 Electronic Communications

When you visit the Website or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the Website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

1.3 Copyright, Authors' Rights and Database Rights

All content included on the Website or in the Catalogue, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is our property or the property of our affiliates or our content suppliers and is protected by international copyright and database laws and treaties around the world. All such rights are reserved. The compilation of all content on the Website or in the Catalogue is the exclusive property of The Emirates High Street and our affiliates and is protected by UAE and international copyright and database right laws. All software used on the Website is the property of The Emirates High Street, our affiliates or our software suppliers and is protected by international copyright and authors rights' laws.

If you use the Website you may not systematically extract and/or re-utilise parts of the content of the Website without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this Website, without our express written consent. You also may not create and/or publish your own database that features substantial (e.g. our prices and product listings) parts of the Website without our express written consent.

1.4 Trademarks

www.emirateshighstreet.com and other marks indicated on our Website or in the Catalogue are trademarks or registered trademarks of The Emirates High Street, our affiliates in the UAE and/or other jurisdictions (the "Emirates Group"). Website graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of the Website. Our trademarks and trade dress may not be used in connection with any product or service that is not featured on the Website or in the Catalogue in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits us. All other trademarks not owned by us that appear on the Website or in the Catalogue are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

1.5 Intellectual Property Claims

We and our affiliates respect the intellectual property rights of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please contact us immediately.

1.6 Product(s) Information

We take care to ensure that information on the Product(s) including price, availability, specifications and images will be as accurate as possible. However, the Product(s) will be regularly updated which may affect the images, availability, specifications and prices. You should also be aware that Product(s) featured on the Website or in the Catalogue are not to scale (unless specifically stated in the individual product descriptions). If you are not happy with the Product(s) you receive you may return the same in accordance with paragraph 7 (Returns) of these Terms and Conditions. Any typographical, clerical or other error or omission on any page of the Website or the Catalogue shall be subject to correction without any liability on our part.

1.7 Health & Safety

YOU MUST, UPON RECEIPT OF ANY PRODUCT(S), READ CAREFULLY ANY SAFETY WARNINGS AND FOLLOW CLEARLY ANY GUIDELINES ON HOW TO USE THE PRODUCT(S). IF YOU ARE IN ANY DOUBT ABOUT THE USE OF THE PRODUCT(S), THE MEANING OF ANY WARNINGS, OR WHETHER YOUR INTENDED USE OF THE PRODUCT(S) IS SAFE, WE URGE YOU TO CONTACT THE MANUFACTURER FOR CLARIFICATION PRIOR TO USE. THE EMIRTAES HIGH STREET WILL NOT BE HELD RESPONSIBLE FOR ANY NEGLIGENT USE OR MISUSE OF PRODUCT(S) PURCHASED. NOTHING IN THESE GUIDELINES SHOULD BE THOUGHT TO SUPERSEDE, OR TO ALTER, OR TO TAKE PRECEDENCE OVER MANUFACTURERS' INSTRUCTIONS. IF NO INSTRUCTIONS ARE ISSUED AND YOU HAVE A QUERY ABOUT HOW TO USE THE PRODUCT(S) YOU ARE PURCHASING, WE REQUEST THAT YOU CONSULT THE MANUFACTURER.

2 PURCHASING OF PRODUCT(S)

2.1 Contract

When you place an order to purchase a Product(s) from us, we will send you an e-mail confirming receipt of your order and containing the details of your order and the address for delivery. This does not mean that your order has been accepted.

The contract between you and us (the "Contract") will only be formed when we send you a further e-mail confirming the dispatch of your Product(s) (the "Dispatch Confirmation E-mail"). Any Product(s) on the same order which we have not confirmed in a Dispatch Confirmation E-mail as having been dispatched do not form part of that Contract. We will not be obliged to supply any other Product(s) which may have been part of your order until the dispatch of such Product(s) has been confirmed in a separate Dispatch Confirmation E-mail. You are responsible for ensuring the accuracy of the terms of any order you submit. We reserve the right to reject any order.

You should be aware that once we begin the delivery process you will not be able to cancel any Contract you have with us other than though our returns process - see paragraph 7 of these Terms and Conditions.

These Terms and Conditions are incorporated into any Contract formed between you and us.

2.2 Third Parties

We also accept orders as agents on behalf of third party sellers and tour operators (the "Third Party" or the "Third Parties"). The resulting contract is between you and that Third Party, and is subject to the applicable terms and conditions of that Third Party, which they will advise you of directly prior to accepting your order. You should carefully review the Third Party terms and conditions which will apply to your transaction.

We may also provide links on our Website to the websites of other companies, whether Third Parties or not. We cannot give any undertaking that products and services which you may purchase from Third Parties through our Website, or from companies to whose website we have provided a link on our Website, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely.

These Third Parties or other companies are not agents or employees of Emirates, Emirates Group or The Emirates High Street. The Emirates High Street, Emirates Group or any affiliate(s) are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such Third Parties or other companies for any personal injuries, death property damage, or any other damages or expenses resulting there from. The Emirates High Street, Emirates Group and any affiliate(s) have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control and they have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority resulting from any orders placed or products and services purchased from any Third Parties or other companies.

We will notify you when a Third Party is involved in a transaction, and we may disclose your customer information related to that transaction to the Third Party.

2.3 Availability and Pricing of Product(s)

As we process your order, we will inform you by e-mail if any of the Product(s) are unavailable. Occasionally Product(s) may be temporarily out of stock. If this occurs, we will only process your payment once this product arrives in our warehouse. If after 7 days your product is still unavailable we will take full payment, which is refundable up until the time you order is dispatched from our stores.

The price of the Product(s) will be the price set out on the relevant page of the Website or the Catalogue (except in cases of obvious error) together with the delivery charges and Taxes, where applicable (see paragraph 8.2 of these Terms and Conditions), which will be added to the total amount due as set out in paragraph 2.4 of these Terms and Conditions below. We reserve the right to change the prices at any time. Whilst prices are liable to change at any time, the changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation E-mail.

Whilst we make every effort to ensure that all prices are accurate and up to date sometimes errors do occur and the prices stated are incorrect. Where the correct price is higher than the one on our Website or in the Catalogue, we will inform you of the correct price to confirm whether you would like to continue with the transaction. We are under no obligation to provide the Product(s) to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation E-mail, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing. If the correct price is in fact lower than the price on our Website or in the Catalogue, we will either contact you and discuss the pricing error before we proceed with your order, or notify you of the error and cancel your order or you will receive a refund for the difference between the selling price and the actual price.

All our prices are shown in United States Dollars ("USD"). You will however be liable for any import duties and Taxes, which may be charged in a currency other than USD that may be levied in the country of delivery. Please see also paragraph 8.

2.4 Payment by Card

Payment for all Product(s) must be by credit card. We accept payment by Visa and MasterCard credit cards only. We will charge your credit card when the order is placed.

All transactions are encrypted using SSL technology and are PCI compliant. For further information visit www.pcicomplianceguide.org.

Upon providing details of your chosen payment card, you confirm that you are authorised to use the payment card to pay for the Product(s) ordered and you further confirm that you authorise us to deduct from the payment card the full price of the Product(s) and all other payments which may be due such as delivery charges and applicable taxes and duties.

All payments for Product(s) shall appear on your bank statement as "The High Street LLC Dubai UAE" and shall be effected in USD. The payments shall, where applicable, be converted into your home currency at the rate prevailing on the date of the payment. You agree that any charges relating to payment in a currency other than USD will be borne by you.

The rate of exchange between USD and your local currency is determined by your issuing credit card provider and may include a mark up on the standard exchange rate between USD and your local currency and/or a transaction fee. We have no control over the rate of exchange used by your credit card provider, nor do we have any control over any transaction fees which may be applied by your credit card provider. Please note therefore that any such variances in the exchange rate or transaction fees are solely for your account.

2.5 Payment by redemption of Skywards Miles

If you are a Skywards Member some Product(s) may be purchased using Skywards Miles ("Miles"). If you are not a Skywards Member you cannot avail yourself of this entitlement.

All Product(s) that may be purchased either from The Emirates High Street or which may be available for purchase by Skywards Members only ("Rewards") must be purchased directly through the Website or through the Skywards.com website. Miles may be redeemed for Rewards only by that Skywards Member.

Rewards do not have any direct cash value and are not convertible into cash.

Skywards Members may redeem Miles for Rewards at any time while the Miles are valid, subject to Product(s) availability and delivery.

All Rewards are subject to availability and suppliers' restrictions. We, our suppliers, affiliates or Third Parties who may supply Product(s) and other entitlements to us for sale on the Website, in the Catalogue or on such supplier's, affiliate's or Third Party's own website ("Service Partners") may from time to time impose a period in which no Rewards will be available. We may withdraw, replace or substitute Rewards at any time without notice.
We may at any time without notice alter the number of Miles required to obtain a particular Reward, withdraw a Reward supplied or impose additional restrictions on a Reward or conditions of obtaining it.

Please note that no Miles will be earned for any Product(s) purchased from The Emirates High Street either via the Website or the Catalogue.

3 CERTAIN CONSUMER RIGHTS

If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Product(s). In this case, you will receive a full refund of the price paid for the Product(s) in accordance with paragraph 7.1 of our returns policy.

To cancel a Contract, you must send us an email using our 'Contact Us' form and we will get back to you as soon as possible. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Product(s) whilst they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

You will not have any right to cancel a Contract for the supply of any of the following Product(s):

Product(s) which are intended for everyday consumption;
Product(s) which concern the provision of accommodation, transport, catering or leisure services;
Product(s) consisting of any pre-arranged combination of the following-transport, accommodation and other tourist services;
Product(s) consisting of the supply of goods made to your specification or personalised requirements; or which are classed as limited edition products.
Product(s) consisting of the supply of audio-visual recordings or computer software if unsealed by you.


Please also note that you are not entitled to cancel a Contract for a Product(s) which has been used or damaged after delivery (except where that Product(s) is defective).

4 DELIVERY

Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation E-mail or, if no delivery date is specified, then within 30 days or a reasonable time from the sent date of the Dispatch Confirmation E-mail, unless there are exceptional circumstances. Whilst every effort will be made to deliver the Product(s) in accordance with the timescales set out, we do not accept any liability for the late delivery of the Product(s).

For Product(s) which are to be delivered to the specified delivery address delivery will be shipped “DDU [your address] Incoterms 2000” (Delivered DutyYou have the choice to have the Product(s) delivered:

EITHER

(a) to the address shown for delivery on your Dispatch Confirmation E-mail as stipulated by you in your order. The address given must be a full street address as The Emirates High Street cannot accept orders stipulating delivery to Post Office box numbers. If you take this option, please note that items ordered together might not be despatched at the same time;

OR

(b) to the Pick-up Point located at Aramex, Airport Road, next to the Garhoud main traffic light, Dubai, United Arab Emirates. If you take this option, please note that The Emirates High Street reserves the right to request proof of identification in the form of a valid passport, drivers licence or other format in order that the person collecting the Product(s) is you.

OR

(c) to the Pick-up Point located at Aramex, Airport Road, next to the Garhoud main traffic light, Dubai, United Arab Emirates, where you wish to authorise another person to collect products on your behalf. If you choose this option you must fully complete The Emirates High Street letter of Authority, downloadable from our website. Please note that The Emirates High Street reserves the right to request proof of identification in the form of a valid passport, drivers licence or other format in order that the person collecting the Product(s) is the stated person in The Emirates High Street letter of authority.

For Product(s) which are to be collected by you from to the Pick-up Point delivery will be “EXW Aramex, Airport Road, next to the Garhoud main traffic light, Dubai, United Arab Emirates Incoterms 2000” (Ex Works).

4.1 Serviced Countries

We do not accept orders or delivery to individuals outside the following Serviced Countries:

Andorra, Australia, Austria, Bahrain, Belgium, Brazil, Canada, Canary Islands ,Cyprus (Greek), Czech Republic, Denmark, Egypt, Estonia, Finland, Germany, Gibraltar, Greece, Guernsey, Hong Kong, Hungary, India, Iran, Ireland, Isle of Man, Italy, Japan, Jersey, Jordan, Kenya, Kuwait, Lebanon, Liechtenstein, Lithuania, Luxembourg, Malaysia, Malta, Monaco, Netherlands, New Zealand, Nigeria, Oman, Pakistan, Philippines, Poland, Portugal, Qatar, Republic of Korea (South Korea), Republic of Yemen, San Marino, Kingdom of Saudi Arabia, Singapore, Slovakia, Slovenia, South Africa, Spain, Sri Lanka, Sweden, Switzerland, Tanzania, Thailand, Turkey, United Arab Emirates, United Arab Emirates Pick-up point, United Kingdom, United States of America and Vatican City State

4.2 Delivery Exclusions

We do not deliver to the following addresses:

Military post offices.

5 RISK AND TITLE

The Product(s) will be at your risk from the time of delivery and ownership of the Product(s) will only pass to you when we receive full payment of all sums due to us in respect of the Product(s), including delivery charges and any applicable Taxes or duties.

6 DELIVERY CHARGES

Our delivery charges are available for review on the Website. Please note that you will be required to pay for any delivery charges in addition to the price of a Product(s).

7 RETURNS POLICY

7.1 Consumer Cancellation

When you return a Product(s) to us because you have cancelled the Contract between us within the seven-day cooling-off period (see paragraph 3 of these Terms and Conditions above) we will process the refund due to you as soon as possible. In this case, we will refund the price of the Product(s) in full, excluding any delivery charges and Import Duties paid by us on your behalf. However, you will be responsible for ensuring the Product(s) is returned by sending us an email using our 'Contact Us' form before the seven-day cooling-off period expires to arrange return of the Product(s). Please note that once the seven-day cooling-off period has expired you will lose your entitlement to cancel the Contract pursuant to paragraph 3 above and any attempted return of a Product(s), outside the seven-day cooling-off period, will be subject to paragraph 7.2.

7.2 Other Returns

We provide a 30 day returns guarantee from the time you receive the Product(s) under the following circumstances:

• You receive the wrong order


• The Product(s) is defective


• The Product(s) is damaged in transit


• A manufacturer advice requests that the Product(s) be returned

If you receive the wrong order then you should send us an email using our 'Contact Us' form and we will get back to you as soon as possible. We will arrange for the correct item to be shipped and in some cases for the incorrect item to be returned.

If the Product(s) is defective and therefore is covered under manufacturers' warranty then you should contact your local supplier of the Product(s) and arrange a replacement or send us an email using our 'Contact Us' form, and we will issue a shipping ticket to organise the return of the Product(s). Where a Product(s) is returned by you because it is defective, the wrong order, or on manufacturer's advice, any refund given will include the cost of your returning the Product(s) to us or we shall arrange pick-up and return at no cost to you. If the Product(s) is returned for any other reasons, we will not refund to you any delivery charges or Import Duties incurred by us in delivering the Product(s) to you and you will be responsible for contacting us via our 'Contact Us' form to ensure that the Product(s) is returned to us.

If the Product(s) is defective we will examine the returned Product(s) and will notify you of any entitlement to a refund via e-mail within a reasonable period of time. We will usually process any refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you that you were entitled to a refund for the defective Product(s).

If the Product(s) is damaged in transit then you should not accept the package and the delivery company will be responsible for arranging a replacement Product(s).

We only accept returns through our returns process set out in this paragraph 7 of these Terms and Conditions. If a Product(s) is not returned according to our returns process we are under no obligation to accept return of the Product(s) by you.

We will usually refund any money received from you using the same method originally used by you to pay for your Product(s). For the avoidance of doubt a Product(s) which has been returned in accordance with the returns policy and which has been purchased with any combination of Miles will be refunded by way of a credit back to the Skywards account that was debited and any money will be refunded back to the payment card used for part-payment of the Product(s).

We will not be responsible for returned Product(s) that are lost or damaged in transit except where we agree to arrange and pay for delivery of the same as provided for above in this paragraph 7.

This returns policy excludes any products purchased directly from any other Emirates and/or Emirates Group and/or any other companies.

8 CUSTOMS AND TAXATION

8.1 Customs

When ordering Product(s) from us you may be subject to import duties and taxes ("Import Duties"), which are levied upon importation. Any additional charges for Import Duties must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering Product(s) from us, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods.

Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities. Also, we may provide certain order, delivery and product information, such as titles, to our delivery companies and such information may be communicated by them to customs authorities in order to facilitate customs clearance and comply with local laws.

Please also note that you must comply with all applicable laws and regulations of the country to which the products are destined. We will not be liable for any breach by you of any such laws.

For deliveries to Brazil, Cyprus (Greek) and Turkey we may be required to collect any applicable Import Duties for payment to the relevant government authorities on your behalf at the time of purchase in order to arrange delivery of the Product(s) to you.


8.2 Taxation

All prices are displayed as exclusive of VAT, GST, sales tax, sales or use tax or consumption tax ("Taxes"). Where required, we also display the price as inclusive of Taxes. We will indicate to you if we are required to charge you any Taxes on the sale of the Product(s) before you finalise your order.

We will not charge you for Taxes if the Product(s) is being delivered to any one of the following countries: Andorra, Australia, Bahrain, Canada, Egypt, Gibraltar, Hong Kong, India, Iran, Japan, Jordan, Kenya, Kuwait, Lebanon, Liechtenstein, Malaysia, New Zealand, Nigeria, Oman, Pakistan, Philippines, Qatar, Republic of Korea (South Korea), Republic of Yemen, Kingdom of Saudi Arabia, San Marino, Singapore, South Africa, Sri Lanka, Tanzania, Thailand, United States of America, United Arab Emirates and United Arab Emirates Pick-up point.

Please note however that while we will not charge you for Taxes if a Product(s) is being delivered to one of the above countries, if you reside in one of the above countries, your local authority may levy Taxes on the importation of the Product(s). In such event, you are solely responsible for settling in full such Taxes levied on the importation of the Product(s).

For deliveries to Brazil, Cyprus (Greek) and Turkey in addition to Import Duties (please refer to paragraph 8.1 of these Terms and Conditions) we may also be required to collect Taxes for payment to the relevant government authorities on your behalf at the time of purchase in order to arrange delivery of the Product(s) to you.

9 DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

9.1 Content

The material displayed on the Website or in the Catalogue is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of Emirates Group and Third Parties and any other company connected to us hereby expressly exclude:

ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY.

Any liability for any direct, indirect or consequential loss or damage incurred by you in connection with the use of The Emirates High Street or in connection with the use, inability to use, or results of the use of The Emirates High Street, any websites linked to it and any materials posted on the Website or published in the Catalogue, including but not limited to any liability for:

• loss of income or revenue;


• loss of business;


• loss of profits or contracts;


• loss of anticipated savings;


• loss of data;


• loss of goodwill;


• wasted management or office time; and


• for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under UAE law.

PLEASE ALSO NOTE THAT, OTHERWISE THAN IN RELATION TO UAE LAW, WE DO NOT WARRANT THAT A PRODUCT(S) OR ANY PRODUCT INFORMATION WILL COMPLY WITH ALL LAWS, REGULATIONS AND CODES OF PRACTICE, OF ANY OTHER COUNTRY.


9.2 Product(s)

We warrant to you that any Product(s) purchased from us is of satisfactory quality and reasonably fit for all the purposes for which Product(s) of the kind are commonly supplied.

Our liability for losses you suffer as a result of us breaching our Contract with you is strictly limited to the price of the Product(s) which you purchased and any losses which are a foreseeable consequence of any such breach. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.

This does not include or limit in any way our liability for:

• death or personal injury caused by our negligence;


• fraud or fraudulent misrepresentation; or


• any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

We are not responsible for indirect losses which occur as a side effect of your direct loss or damage (including but not limited to such losses as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

Where you purchase any products from a Third Party via The Emirates High Street, that Third Party's individual liability will be set out in its own terms and conditions which we would recommend that you read carefully (see also paragraph 2.2 above).


9.3 Indemnity

You agree to indemnify us and our affiliates, employees, agents and representatives, and to hold us and/or them harmless from and against any and all claims, and liabilities (including legal costs) that may arise out of your use of material obtained through the The Emirates High Street from your breach of these Terms and Conditions, or from any such acts arising through your use of The Emirates High Street.

We reserve the right, in our sole discretion, to deny access to the Website or any portion of it to any user without notice or liability.

10 PRIVACY STATEMENT

10.1 Information Collected

We process information about you ("your Personal Information") in accordance with our privacy statement set out below. By using The Emirates High Street, you consent to such processing and you warrant that all Personal Information provided by you is accurate.

We may collect and process the following Personal Information about you:

• Registration information (including but not limited to personal data such as names, addresses, contact numbers, date of birth, preferred methods of communication for Skywards and The Emirates High Street). This includes any other information provided at the time of registering to use our Website or purchasing Product(s). We may also ask you for information when you enter a competition or promotion sponsored by us or one of our affiliates and when you report any problem with your use of The Emirates High Street.


• If you contact us, we may keep a record of that correspondence.


• We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.


• Details of transactions you carry out through The Emirates High Street and of the fulfillment of your orders.


• Details of your visits to our Website including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise, and the resources that you access.

If you are a Skywards Member we may also hold the following information:

• Miles accrual and Product(s) purchased by way of redemption of Miles in accordance with paragraph 2.5 together with other information set out in the Skywards Privacy Policy which can be found at www.skywards.com.

10.2 Where we keep your Personal Information

The Personal Information that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA (and thereby transferred to countries that may not have data protection laws) who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your Personal Information, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your Personal Information is treated securely and in accordance with this privacy policy.

Your Personal Information collected by us will be stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your Personal Information, we cannot guarantee the security of your data transmitted via the Website; any transmission is at your own risk. Once we have received your Personal Information, we will use strict procedures and security features to try to prevent unauthorised access.

10.3 Uses of Personal Information

We use your Personal Information collected by us in the following ways:

• To ensure that content on our Website is presented in the most effective manner for you and for your computer.


• To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.


• To carry out our obligations arising from any Contract entered into between you and us.


• To allow you to participate in interactive services when you choose to do so.


• To notify you about changes to our Product(s) or any other ancillary services.


• For accounting and audit purposes (including fraud auditing).


• To carry out credit checking and credit scoring.


• To develop new products and services.


• For marketing and market research purposes.


• Where you consent, pass on your Personal Information to third parties.


• Such other purpose as you may authorise from time to time.

We may also use your Personal Information, or permit selected third parties to use your Personal Information, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by post or telephone.

If you are an existing customer, we can contact you by electronic means (e-mail or SMS) or through direct mail with information about goods and services similar to those which were the subject of a previous sale to you.
If you are a new customer, and where we permit selected third parties to use your Personal Information, we (or they) will contact you by electronic means only if you have consented to this.

If you do not want us to use your Personal Information in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your Personal Information or on any order or registration form.

We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target. We may make use of your Personal Information that we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisements to that target audience.

You will always be notified when your Personal Information is being collected by any outside parties. We do this so you can make an informed choice as to whether or not you wish to proceed with services that require an outside party.

Please note that you can not opt out from supplying your Personal Information to us.

10.4 Provision of your Personal Information

We may provide your Personal Information to any member of the Emirates Group, namely Emirates, DNATA or any business operated by those corporations or any corporation in the Emirates Group.

We may provide your personal information to third parties:

• In the event that we sell or buy any business or assets, in which case we may provide your Personal Information to the prospective seller or buyer of such business or assets.


• If we or substantially all of our assets are acquired by a third party, any personal information held by us about our customers will be one of the transferred assets.


• If we are under a duty to disclose or share your Personal Information in order to comply with any legal obligation, or in order to enforce or apply these Terms and Conditions and/or in any other related agreements, or to protect the rights, property, or safety of Emirates, Emirates Group, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

10.5 Registration, special offers and contests

Once you have registered with The Emirates High Street LLC either as a Website or Catalogue user, you may occasionally receive information on additional products, services and special deals offered by us. Out of respect for your privacy and your Personal Information we offer you the option not to receive these types of communications (please see paragraph 10.7 below). From time to time contests may be conducted via the Website or the Catalogue. Participation in these contests is completely voluntary and you therefore have a choice whether or not you wish to disclose any Personal Information in connection with them. Contact information supplied to us as part of your Personal Information will be used to notify you if you have won any applicable prizes.

10.6 Links

The Website may contain links to other websites. Please be aware that we are not responsible for the privacy practices of websites not operated by us. We encourage you to read the privacy statements of each and every website that collects your Personal Information. The privacy statement in this paragraph 10 applies solely to your Personal Information collected by our Website.

10.7 Correction/updating of your Personal Information

If your Personal Information changes, we will provide a way to correct, update or remove your Personal Information previously provided to us.

10.8 Choice/Opt-out

If you no longer wish to receive promotional materials you may opt out of receiving these communications by logging into your account and selecting the "unsubscribe" in your profile.

10.9 Notification of changes

If we decide to change the privacy statement contained in this paragraph 10, we will post those changes on the Website in order that you are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use your Personal Information in a manner different from that stated in this paragraph 10, we will notify you in writing by e-mail. You will have a choice as to whether or not we use your Personal Information in this different manner.

11 GENERAL

11.1 Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control ("Force Majeure Event").

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

• Strikes, lock-outs or other industrial action.


• Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.


• Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.


• Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.


• Impossibility of the use of public or private telecommunications networks.


• The acts, decrees, legislation, regulations or restrictions of any government.

Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to an end or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

11.2 Waiver

If you breach these Terms and Conditions and we take no action, we will not be considered to have waived the rights we have against you which arise from any such breach. Furthermore, we will still be entitled to enforce any rights which we may have in any other situation where you breach these Terms and Conditions.

Any waiver by us of any rights accruing to us under these Terms and Conditions shall only be effective if it is expressly stated to be a waiver and is communicated to you in writing by e-mail.

11.3 Transfer

The Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

11.4 Severability

If any of these Terms and Conditions or any provisions of a Contract between you and us are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

11.5 Variation

We have the right to revise and amend these Terms and Conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.

You will be subject to the policies and Terms and Conditions in force at the time that you order Product(s) from us, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms and Conditions before we send you the Dispatch Confirmation E-mail (in which case we have the right to assume that you have accepted any change to the Terms and Conditions, unless you notify us to the contrary within seven (7) working days of receipt by you of the Product(s)).

11.6 Entire Agreement

These Terms and Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between The Emirates High Street and you, whether oral or in writing.

We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or which may be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms and Conditions.

Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these Terms and Conditions.

12 GOVERNING LAW AND JURISDICTION

The Emirates High Street and use of it is governed by the laws of the Emirate of Dubai and the federal laws of the United Arab Emirates. Any proceeding with respect to or in connection with The Emirates High Street and/or use of it must be brought in that jurisdiction.

13 OUR DETAILS

Website: www.emirateshighstreet.com
Address: The High Street LLC, 3rd Floor, Emirates New Headquarters Building, PO BOX 686, Dubai, United Arab Emirates

Terms and Conditions

The Skywards Frequent Flyer Programme (''Skywards'') is operated by Emirates, for and on behalf of itself and SriLankan Airlines Limited. The Skywards web site (the ''Web site'') is offered to Skywards members conditioned on acceptance by the member of these terms and conditions. By accessing and using this Web site, you have agreed to all such terms and conditions.

MODIFICATION OF PROGRAMME
Skywards is governed by the Skywards Programme Rules. Skywards reserves the right to change, modify or amend any part of the Skywards programme at any time in accordance with the Skywards Programme Rules. This right includes, but is not limited to, changes in Skywards partner affiliation, rules for earning and redeeming mileage credit, rules for use of travel awards, flight schedules and specific features of promotional offers.

Disclaimer of Warranties And Limitation of Liability
The information published on this Web site may be incomplete or include inaccuracies or typographical errors. Skywards does not represent or warrant that access to the Web site will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted on this Web site. Skywards makes no representations about the suitability of the information, products, and services contained on this Web site for any purpose. All such information, products, and services are provided "as is" without warranty of any kind. Skywards hereby disclaims all warranties and conditions with regard to the information, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement

IN NO EVENT SHALL SKYWARDS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.

LINKS
This Web site may contain hyperlinks to web sites operated by third parties. Such hyperlinks are provided for your reference only and your use of these sites may be subject to terms and conditions posted on them. Skywards' inclusion of hyperlinks to such web sites does not imply any endorsement of the material on such web sites and Skywards accepts no liability for their content.

UNDER NO CIRCUMSTANCES SHALL SKYWARDS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OR RELIANCE ON INFORMATION OBTAINED THROUGH THIRD PARTY WEB SITES.

CONTENT AND MEMBER SUBMISSIONS - FORUM
This Web site contains bulletin boards and other message or communication facilities, some of which are offered to Skywards' upper tier members only. Any opinions, views or statements expressed or made by a Skywards member in the course of using those facilities are those of that member and not of Skywards. Skywards is under no obligation to review any messages, information or content posted on the Web site and assumes no responsibility or liability relating to any such submissions. Notwithstanding the above, Skywards reserves the right to review, edit or delete without notice any contents of the submissions received from members, including bulletin board postings, which it deems in its sole discretion to be illegal, offensive or otherwise inappropriate. You understand that you are responsible for any material you may submit to this Web site. You agree that when posting a message on this Web site, you shall not do any of the following:

defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
publish, post, distribute, or disseminate any harmful, threatening, defamatory, abusive, infringing, offensive, obscene, vulgar, indecent, or unlawful material or information .
advertise or offer to sell any goods or services or conduct or forward surveys, contests, or chain letters of any kind; or
post messages impersonating others.

You further agree that when using this Web site, you shall not :

upload any files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
upload any files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; or
delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded

INDEMNITY
You agree to indemnify Skywards, and their affiliates, employees, agents and representatives, and to hold them harmless from and against any and all claims, and liabilities (including legal costs) that may arise from your submissions to the Web site, from your use of material obtained through the Web site, from your breach of these terms and conditions, or from any such acts arising through your use of the Web site.

Skywards reserves the right, in its sole discretion, to deny access to this Web site or any portion of it without notice or liability.

PRIVACY
Skywards' privacy policy is set out in clause 6 of the Skywards Programme Rules.

Copyright (c) Emirates 2007. All rights reserved

SKYWARDS PROGRAMME RULES
PLEASE READ THESE PROGRAMME RULES CAREFULLY TO FAMILIARISE YOURSELF WITH THE BASIS UPON WHICH REWARDS MAY BE EARNED, AWARDED, VARIED OR CANCELLED.

The Programme Rules are current and effective from 01 January 2007. Please telephone a Skywards service centre to ensure that you have a current copy of the Programme Rules.

Name changes by a Member must be notified to Skywards in writing and accompanied by all such legal or other documentation as Skywards shall from time to time request to evidence that change. Skywards may require additional information for account validation purposes in respect of any change to a member's personal details.

1. Membership

1.1 Application for membership of Skywards is open to any individual who is at least two years of age. A corporation, firm, partnership or other entity is not eligible to become a Member.

1.2 An applicant for membership must supply all of the information required in the Skywards membership application form. Applications in respect of Members under 18 years must be signed by a parent or guardian. Skywards may accept or reject any application for membership in its absolute discretion. If an application for membership is rejected then any benefit that may have accrued to the applicant through the use of a temporary membership card will be null and void.

1.3 Skywards will issue a Member with a permanent membership number against which his or her Miles will be accrued. The membership card may state an expiry date and, if so, is only valid for use up to that expiry date. The membership card may only be used by the Member named on that card. A membership card is not a credit card and is used for the purpose of identification only. A membership card is not transferable and at all times remains the property of the issuer. A Member must return his or her membership card without delay to a Skywards service centre whenever requested by Skywards or any other party acting on its behalf. A Member must immediately report a lost membership card to a Skywards service-centre.

1.4 In respect of Skysurfers, the membership number and card will be processed together and Skywards will use its reasonable endeavors to issue the card and number within 14 days of Skywards receiving the application form.

1.5 Membership is automatically terminated on the death or bankruptcy of a Member. Miles accumulated prior to termination in these circumstances will be immediately cancelled. However, Skywards may, at its own discretion, reinstate Miles in favour of the heirs of the deceased Member upon the application of his or her personal representative.

1.6 Membership is not transferable. A Member is not permitted to hold more than one personal Account. All Miles and Rewards earned under Skywards are accrued by or issued to the Member in his or her personal Member Account.

1.7 Activity statements will be mailed to a Member (electronically or otherwise) to a Member on a regular basis while Skywards consider him or her to be an active Member and will include information concerning Miles accrued, redeemed and expired.

1.8 Name changes by a Member must be notified to Skywards in writing and accompanied by all such legal or other documentation as Skywards shall from time to time request to evidence that change. Skywards may require additional information for account validation purposes in respect of any change to a member's personal details

1.9 All tax, duties and other liabilities arising from the accumulation of Miles or the receipt and use of Rewards are and remain the sole responsibility of Members and must be paid prior to the issuance of a Reward. Skywards gives no warranty or assurance in relation to such tax, duties or other liabilities

1.10 Skywards may in its absolute discretion suspend, cancel or terminate a membership or a Member's accumulated Miles at any time.

1.11 A Member may at any time cancel his or her membership by advising a Skywards service centre in writing or returning his or her membership card to a Skywards service centre.

1.12 All Miles credited but not exchanged for Rewards, as well as any unutilised Rewards, are cancelled upon a person ceasing to be a Member

1.13 A Member may in writing nominate a ''Travel Co-ordinator'' to have access to his or her membership Account to:

(a) obtain information from that membership Account;

(b) claim a Reward; and

(c) amend any information held by Skywards concerning the membership, on behalf of that Member.

An individual is not entitled to any membership benefits or privileges as a Travel Co-ordinator.

Membership Tier

1.14 A Member may be granted a ''Silver'' or ''Gold'' membership depending on the number of qualifying flights flown and/or Tier Miles accrued in each calendar year.

1.15 The number of Tier Miles required for each Membership Tier and the benefits and privileges provided to a Member at each Membership Tier may be changed at any time without notice.

1.16 Skywards may establish, upgrade or downgrade a Member's Membership Tier at its sole discretion. Only Tier Miles accumulated in each calendar year are considered in granting a particular Membership Tier and are not carried forward to any other calendar year.

1.17 Pre-assigned seating is available to Members on the basis that the Member books the seat at least 48 hours in advance of the relevant flight and checks-in at least 90 minutes before departure.

Service Partners, and the terms and conditions under which Miles are earned through a Service Partner, may vary from time to time. The terms and conditions concerning the accrual of Miles may also vary between Service Partners. It is the responsibility of the Member to verify eligibility to earn Miles at the time of booking.

2. Miles

2.1 A Member may earn Miles by taking qualifying flights on Emirates, SriLankan or using the qualifying services of Service Partners on or after his or her enrolment date. Transactions undertaken two months prior to enrolment are eligible for Miles. Miles are awarded for a qualifying flight at the rate published by Skywards at the date of travel.

2.2 To earn Miles, a Member must either produce a membership card or quote the membership number at the time of reservation or check-in for qualifying flights and at the time of paying for other qualifying goods or services.

2.3 A Member may make a retroactive claim to a Skywards service centre for Miles within six months of the date on which the transaction took place. A Member must provide original tickets, boarding passes, transaction documents, receipts and any other documents requested by Skywards when making a retroactive claim. A Member should retain photocopies of these documents for verification purposes.

2.4 Members can claim Miles for transactions undertaken two months prior to enrolment.

2.5 Miles may only be earned for one frequent flyer programme for each flight or transaction unless otherwise stated by a Service Partner. Subject to clause 4, Miles can only be accumulated for a seat and one extra seat purchased per flight per member.Miles may take eight weeks or more to be credited to a Member from the date of the transaction. Miles earned by a Member may only be used or redeemed by that Member in accordance with these Programme Rules once they have been credited to the relevant Account.

2.6 Miles can only be earned on codeshare flights operated by Emirates, SriLankan Airlines or one of the airline Service Partners. Members will not earn Skywards Miles on flights operated by any other airlines, with the exception of Emirates codeshare flights operated by Thai Airways and SriLankans' codeshare flights operated by British Midland and Malaysian Airlines. The purchased ticket must bear an Emirates or SriLankan flight number.

It is the responsibility of the Member to verify the accrual of Miles earned and the availability of Reward travel in these instances with the airline with which the flight is booked.

2.7 Miles are awarded only for goods and services actually supplied. In particular, no Miles will be earned in connection with goods or services which have been ordered but cancelled prior to utilisation by a Member, or in circumstances in which the Member fails to meet any obligation on his or her part in connection with the order.

2.8 Miles are not transferable and can not be combined with the Miles of any other account. Credit is not given for any activity undertaken before membership is granted unless otherwise specified by Skywards. Members cannot transfer Miles to any other frequent flyer programme.

2.9 Miles are valid for a period of three years from the date on which the Member undertakes the relevant flight or enters into the applicable transaction with a Service Partner. Unused, expired Miles will be removed on 31st March and 30th September of every year and cannot be re-credited. It is the Member's responsibility to be aware of both the Miles in their account, and when they will expire. This can be monitored at any time online at www.skywards.com.

2.10 Miles for flights are based on the non-stop great circle distance between airports (as determined by Skywards) for which the Member is ticketed and has travelled.

A Member who is upgraded to a different class of travel will receive Miles for the class of travel for which he or she has booked and paid.

2.11 Subject to clause 4, Miles other than for flights are awarded only on the Member's individual expenditure. Some exclusions or minimum purchase conditions may apply. In situations in which the expenditure is in a currency other than the lawful currency of the United Arab Emirates, the relevant amount will be converted at a reasonable conversion rate determined by or on behalf of Skywards.

2.12 The following type of tickets do not qualify to earn Skywards Miles and cannot be used to avail of the programme benefits:

(a) employee tickets;
(b) industry and agent discounted tickets;
(c) Reward tickets;
(d) contra tickets;
(e) discount travel;
(f) reward tickets issued by other frequency or loyalty programmes of which Skywards or an Affiliate is a participant; and
(g) free travel and non-scheduled or charter flights.

2.13 A Member who travels on a Denied Boarding Options Ticket or upgrade (when a difference in fare is paid against cash for travel on a higher class) will not be entitled to accrual of Miles.

2.14 A Member will be credited mileage for cancelled flights when re-accommodated on a non-Service Partner airline provided that the Member already had a ticket for the cancelled flight and the flight is cancelled on the day of departure. However, such crediting will not occur if the cancellation is due to circumstances beyond the control of the relevant airline, including but not limited to weather, earthquake, fire, labour stoppages or strikes, civil unrest or closed airports.

2.15 A member may top up his Account when claiming a Reward by purchasing additional Miles from the Skywards service centres in Colombo, Dubai, Manchester and Melbourne provided that the Member purchase a minimum of 2,000 Miles at any one time. The maximum amount of Miles that a Member can purchase pursuant to this clause in any one calendar year, is 25,000 Miles. Miles can be purchased at any time but must be made at least 48 hours prior to making a booking/redemption. Refunds in respect of Mile purchases are not allowed. Skywards reserves the right to change the price of Miles, impose additional restrictions on purchasing Miles and/or conditions of obtaining Miles (see further clause 2.17 below).

2.16 Service Partners, and the terms and conditions under which Miles are earned through a Service Partner, may vary from time to time. The terms and conditions concerning the accrual of Miles may also vary between Service Partners. It is the responsibility of the Member to verify eligibility to earn Miles at the time of booking.

2.17 Skywards may from time to time allow Members to purchase Miles online.The terms and conditions of such purchases shall be as provided for here. Those terms and conditions are fully incorporated into and form part of these Programme Rules.

3. Rewards

3.1 All Rewards must be booked directly with a Skywards service centre, an Emirates reservation office or a SriLankan Airlines reservation office. Miles may be redeemed for Rewards only by that Member (or by a parent or guardian on behalf of a Member under 18 years of age) or by a person to whom that Member has authorised as a Travel Co-ordinator.

3.2 Rewards do not have any cash value and neither Miles or Rewards are convertible into cash.

3.3 All reward tickets are subject to taxes applicable at the time of issue

3.4 Members may redeem Miles for Rewards at any time while the Miles are valid, subject to availability and applicable conditions as set out in these Programme Rules or in terms and conditions imposed by Service Partners.

3.5 To claim a Reward, a Member must have accumulated the required amount of Miles in his or her applicable Account.

3.6 All Rewards are subject to availability and suppliers' restrictions. Skywards or Service Partners may from time to time impose a period in which no Rewards will be available. Rewards may not be available on all flights at all times. Skywards may withdraw, replace or substitute Rewards at any time without notice.

3.7 Skywards may at any time without notice alter the number of Miles required to obtain a particular Reward, withdraw a Reward supplied or impose additional restrictions on a Reward or conditions of obtaining it.

3.8 When a Member selects services and/goods from a Service Partner the contract for such services and/or goods is between the Member and Service Partner. Accordingly the terms and conditions of the Service Partner shall apply to purchase of the goods and/or services selected by the Member. Some of these terms and conditions are mentioned on the Web site but Skywards strongly recommends that the Member reads the terms and conditions and also checks with the Service Partner prior to selecting the goods and/or services. By accepting the Service Partner's offer, the member is agreeing to abide by the terms and conditions of the purchase imposed by the Service Partner, including payment of all amounts when due (if any) and compliance with all rules and restrictions regarding booking, availability, cancellation and refunds in respect of the services and/or goods. TO THE EXTENT PERMITTED BY LAW, SKYWARDS ACCEPTS NO LIABILITY WHATSOEVER IN RESPECT OF REWARDS SUPPLIED BY SERVICE PARTNERS IN CONNECTION WITH A SERVICE PARTNER'S REFUSAL TO SUPPLY A REWARD TO THE MEMBER. The rights, if any, which a Member may have in connection with a Reward are solely against the Service Partner supplying that Reward. Subject to this clause, all Rewards supplied to a Member will be subject exclusively to the terms and conditions of Service Partners supplying the Reward.

3.9 TO THE EXTENT PERMITTED BY LAW, SKYWARDS ACCEPTS NO LIABILITY IN RESPECT OF DEATH OR INJURY, OR CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM, OR IN CONNECTION WITH, THE SUPPLY OF A REWARD (OTHER THAN THE USE OF A REWARD TICKET) OR FOR THE LOSS, THEFT OR DESTRUCTION OF A REWARD. A Reward ticket which has been lost, stolen or destroyed may be replaced or reissued if the Member promptly reports the incident to the nearest Emirates office, signs an appropriate indemnity form at an Emirates or SriLankan office, pays the applicable service fee (which is currently set at US$ 50 per ticket) and can establish that the Reward ticket was not used prior to its loss, theft or destruction. In respect of a Reward ticket, neither Skywards, an Affiliate or a Service Partner (as the case may be) accepts any liability other than as set out in the General Conditions of Carriage and travel documents of the relevant airline and the Warsaw Convention 1929 (as may be amended and applicable to the relevant airline).

3.10 SAVE AS MAY NOT BE EXCLUDED BY LAW, NO WARRANTY (WHETHER EXPRESS OR IMPLIED) WHATSOEVER IS GIVEN IN RESPECT OF REWARDS PROVIDED UNDER SKYWARDS. IN PARTICULAR, NO WARRANTY IS GIVEN WITH RESPECT TO THE QUALITY OF REWARDS OR THEIR SUITABILITY FOR ANY PURPOSE.

3.11 TO THE EXTENT PERMITTED BY LAW AND SUBJECT TO THESE PROGRAMME RULES, THE LIABILITY OF SKYWARDS, AN AFFILIATE OR A SERVICE PARTNER IN RESPECT OF FLIGHTS, GOODS OR SERVICES WHICH ARE THE SUBJECT OF A REWARD IS LIMITED TO ANY ONE OR MORE OF THE FOLLOWING:(a) REPLACEMENT OF THE GOODS OR SUPPLY OF EQUIVALENT GOODS; (b) THE REPAIR OF THE GOODS; (c) THE REPAYMENT OF THE COSTS IN REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS AND IN THE CASE OF SERVICES OR FLIGHTS, HAVING THE SERVICE OR FLIGHT SUPPLIED AGAIN, AT THE OPTION OF SKYWARDS, THE AFFILIATE OR THE SERVICE PARTNER NOMINATED TO SUPPLY THE FLIGHT, GOODS OR SERVICES AS THE CASE MAY BE.

3.12 Reward tickets are valid for twelve months from the date of issue, unless otherwise stated and cannot be extended. Some special or promotional tickets may have a validity of less than twelve months.

3.13 Miles may be re-credited to a Member if a Reward ticket is completely unused and valid. Any Miles which have expired will not be recredited. Such re-crediting will be subject to payment of US$ 50 as service charge. Once travel has commenced on a Reward ticket, the Reward is considered to have been used.

3.14 Reward tickets are valid travel documents and are issued on the basis that all conditions specified on issue of the ticket apply. Without limiting this requirement, the Member must ensure that he or she has the correct visa, travel documents and inoculations (including those for infants).

3.15 Reward travel may not be possible on certain joint services or codeshare services. Miles can only be earned on codeshare flights operated by Emirates, SriLankan Airlines or one of the airline Service Partners. It is the responsibility of the Member to verify the availability of Reward travel in these instances with the airline with which the flight is booked. The use of a Reward ticket may not entitle the Member to certain benefits which are associated with a full fare ticket. If the Member has any queries in this respect he or she should contact a Skywards service centre.

3.16 A Reward ticket cannot be endorsed to a carrier other than that named on the ticket. Once ticketed only date changes are allowed. There is no service fee for upgrade rewards. Gold Members do not incur fees on Reward bookings regardless of the Class of the booking.

There is no service fee for upgrade rewards or for Gold Member Reward bookings in Business of First class.

3.17 An application for a Reward ticket may be made at any time but a service fee of :(a) US$ 75 per ticket/passenger will be charged if the Member requests the Reward to be issued on the same day as the request; or (b) US$ 50 per ticket/passenger will be charged if the Member travels within seven days of the, booking. The above service charges shall not apply to Rewards that relate to an upgrade that is made by a Gold Member or relates to travel in First or Business Class.

3.18 Open tickets will not be issued as Rewards. Outbound and return flights must be booked at the same time. Waitlisting for Reward flights is not permitted. Reward tickets will be considered void if used out of service.

3.19 Rewards that, in the sole discretion of Skywards, have been bought, sold or bartered by or to a Member may be cancelled or confiscated without prior notice. If the Reward has been utilised either partially or fully, the Member will be liable for payment of travel on a full fare basis. All rights, including the right to bring legal action or to cancel a membership, are also reserved.

3.20 Requests for Rewards to be delivered by normal mail are at the Member's own risk. Skywards will not be responsible for Rewards that are lost or damaged in the post or that are subject to postal delays. At least two to three weeks should be allowed by the Member for delivery of Rewards. Alternatively, Reward tickets may be picked up from any Emirates or SriLankan Airlines airport or ticket office.

3.21 The Reward redemption level for infants (up to two years of age) is 10% of the adult Reward ticket redemption level. Redemption for infants is allowed only on Emirates and SriLankan Airlines flights. An infant must be accompanied by an adult in order to qualify for the relevant redemption. Reasonable documentary evidence of the infant's age may be requested. For the avoidance of doubt, an infant Reward ticket can only be used in Economy class.

3.22 To the extent permitted by Law, in the event of a cancellation of a flight, a Member travelling on a Reward ticket will be transferred to the next flight on the same carrier where there are seats available based on the booking class specified on the ticket.

3.23 When requesting a Reward, a member may be requested to complete a Reward Authorisation Form and supply a copy of his or her passport.

3.24 It is possible to request a one class upgrade on Emirates or SriLankan revenue flights (not Reward tickets) provided, the revenue ticket has been issued prior to the upgrade being requested and such requests are made at least 24 hours in advance of travel, space is available and the Member has sufficient Miles in his Account to be redeemed for this Reward privilege. Upgrades are available for Economy Class to First Class for double Miles only when Business Class configuration is not available on the Emirates or SriLankan flight. Upgrades are not available to infants aged below 2 years of age. For the avoidance of doubt, in the event that a Member upgrades a revenue ticket pursuant to this clause, the fare and ticketing rules applicable to the revenue ticket will still apply irrespective of the class of travel.

3.25 In respect of Reward tickets, a Member is allowed one stopover (except for some partner airlines) plus a point of turnaround, i.e their final destination. However, stopovers on upgrade Reward tickets will only be allowed if stopovers are permitted in the rules associated with the particular ticket fare.

4. Family Bonus and other Programmes

4.1 A Member (the "Family Head") may nominate a maximum of eight family members (each a "Family Bonus Member").

4.2 A Family Bonus Member must be over two years of age and may only be registered in respect of one Family Head's Account.

4.3 A Family Bonus Member may only earn and contribute 20% of total Miles on Emirates and SriLankan flights after his/her Family Bonus programme enrolment to the family nominator's account.

4.4 Twenty per cent of the Miles flown by a Family Bonus Member will be credited to the Family Head's Account.

4.5 A Family Head or a Family Bonus Member may cancel the participation of a Family Bonus Member at any time by giving written notice

4.6 Use of the Family Bonus Programme will be deemed to indicate acceptance of the Programme Rules. The Family Head's signature binds each Family Bonus Member to the Programme Rules.

4.7 Eligible Family Bonus Members are brothers, sisters, fathers, mothers, spouse, children, grand children, grand parents, parents-in-law and step parents.

4.8 Family members are not eligible to accrue Miles with Service Partners.

4.9 Any other special programmes introduced by Skywards may have additional rules which will be made available to the relevant Members on request.

5. Liability

5.1 TO THE EXTENT PERMITTED BY LAW, NEITHER SKYWARDS NOR AN AFFILIATE WILL BE LIABLE TO A MEMBER OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGE, WHETHER DIRECT OR INDIRECT, RESULTING FROM TERMINATION OR CHANGE OF OR TO SKYWARDS OR ANY OF THE FACILITIES, BENEFITS OR ARRANGEMENTS WHICH ARE MADE AVAILABLE TO A MEMBER, INCLUDING SERVICE PARTNER WITHDRAWAL OR THE WITHDRAWAL OF ANY BENEFITS, FACILITIES OR ARRANGEMENTS.

5.2 Skywards reserves the right to disqualify a Member from further participation in the Skywards, to cancel all previously accumulated Miles and to seek compensation for Rewards utilised if, in Skywards' sole judgment, that Member has engaged in wilful misconduct or breached any of the rules governing the Skywards, including, but not limited to the fraudulent acquisition of Miles or acquisition, sale or abuse of Miles or acquisition, sale or abuse of Reward benefits.

5.3 The Skywards concierge and other services offered to Members, including those offered through the "Opening Doors" programme, are operated by third party suppliers (each a "Supplier"). All Members taking advantage of these services will be entering into a legal relationship with the Supplier. To the extent permitted by law, Skywards excludes all liability to any Member or other person of whatsoever nature in respect of any negligence, wilful misconduct, poor service or other breach of obligation arising out of the provision or failure to provide the services by or on behalf of a Supplier arising out of that legal relationship with a Supplier.

6. Privacy

6.1 Member information held by Skywards includes the information which a Member or a Service Partner provides to Skywards, such as names; addresses; contact numbers; date of birth; and transaction details, including Miles accrual and Reward transactions relating to Skywards:

(a) may be used to develop new services;

(b) may be used for accounting and audit purposes (including fraud auditing);

(c) may be used for credit checking and credit scoring;

(d) may be used for marketing and market research purposes;

(e)will be transferred to countries that may not have data protection laws; and

(f) may otherwise be used in a manner which a Member may authorise from time to time.

6.2 Member information:

(a) will be retained and used by Skywards, Affiliates and data processors to ensure the efficient running of the Programme, including the crediting of Miles, the provision of membership statements and the awarding of membership levels;

(b) may be disclosed as required by law, including disclosures to the police, immigration and customs authorities;

(c) may be used by Skywards to send you communications about promotions, services, products and facilities offered by Skywards;

(d) may be disclosed to a Service Partner to assist that Service Partner in the planning and development of Skywards;

(e) may be used by an Affiliate or a Service Partner to send you separate communications about services, products and facilities offered by that Affiliate or Service Partner (unless the Member indicates otherwise); and

(f) may be used to develop new services;

(g) may be used for accounting and audit purposes (including fraud auditing);

(h) may be used for credit checking and credit scoring;

(i) may be used for marketing and market research purposes;

(j) will be transferred to countries that may not have data protection laws; and

(k) may otherwise be used in a manner which a Member may authorise from time to time.

6.3 The consent given by a Member will continue in effect unless and until the Member withdraws the consent by notice in writing to a Skywards service centre. Withdrawal of consent may mean that certain services may no longer be provided to the Member, and also entitles Skywards to terminate membership immediately.

6.4 A Member may obtain a copy of his or her Member information upon making a written request and upon paying Skywards' reasonable costs (if any) of providing that Member information. The Member may request Skywards to correct or delete any item of the Member information which is not accurate, complete or up-to-date at no charge to the Member.

6.5 The Member warrants that any information provided by a Member about any Family Bonus Member is provided with the knowledge, consent and the authority of the Family Bonus Member

7. General

7.1 The Programme Rules may be changed, varied, suspended or terminated at any time without notice where permitted by law, save that reasonable efforts will be used to promptly post details of that change or variation, suspension or termination (as the case may be) to the Web site for Skywards at www.skywards.com. In the event of any conflict between this version of the Programme Rules and any version of the Programme Rules published on the Web site for Skywards, the latter shall prevail.

7.2 The Member's use of his or her membership card or quoting of his or her membership number after any change or variation to the Programme Rules will be deemed to be acceptance by the Member to that change or variation.

7.3 Any notice to be given to a Member under these Programme Rules will be deemed to have been given if posted by pre-paid post to the Member at the address provided by the Member for the purposes of Skywards.

7.4 The Programme Rules are governed by the laws of the Emirate of Dubai and any proceeding with respect to or in connection with Skywards must be brought in that jurisdiction. Membership, including eligibility for membership and any Miles or Rewards, are subject to any applicable laws and regulations, including all applicable resolutions of the International Air Transport Association.

7.5 Skywards does not operate (or will cease to operate) in a jurisdiction in which it would be prohibited (or becomes prohibited) by any relevant law or governmental direction.

7.6 Reasonable care has been taken to ensure that information contained in the Programme Rules and in any publications and advertisements in connection with Skywards is accurate, but neither Skywards nor an Affiliate accepts any liability with respect to any errors or omissions in any information, whether written or verbal.

7.7 Any part of these Programme Rules which is unenforceable for any reason shall be considered capable of being cut out so as not to affect the remainder of these Programme Rules in any way. Neither Skywards nor an Affiliate shall be required to provide any service or otherwise act in pursuance of these Programme Rules if to do so would be contrary to law.

7.8 Members may be required to provide documentation at check-in that can establish the Member's identity and membership to Skywards. If a Member fails to comply with this requirement, Skywards reserves the right to refuse carriage.

8. Definitions

8.1 In these Programme Rules:

Account
Means the account to which the Miles of a Member will be accrued or deducted;

Affiliate
Means an air carrier which, pursuant to agreement with Emirates, uses Skywards frequent flyer programme as its own frequent flyer programme. As at February 2002, SriLankan Airlines is an Affiliate of Emirates;

Emirates
Means Emirates, a Dubai corporation established by Decree No. 2 of 1985 (as amended);

Family Bonus Member
Means a person as defined in clause 4 of the Programme Rules;

Member
Means a person who has applied for membership of the Skywards frequent flyer programme and has been issued a membership number in this respect;

Membership Tier
Means a membership level in the Skywards frequent flyer programme;

Miles
Means points accrued by a Member under Skywards based on the consumption of qualifying goods and services;

Reward
Means specified goods or services to be provided by Skywards, Affiliate or a Service Partner to a Member in exchange for Miles;

Service Partner
Means a provider of goods or services which is participating in Skywards from time to time, and may include airlines, hotels and resorts, financial, leisure & lifestyle service providers and car hire companies;

Skywards
Means, as the context requires, Emirates operating a frequent flyer programme on its own behalf and on behalf of an Affiliate or the name given to the frequent flyer programme itself. Skywards is a trademark or registered trademark of Emirates;

Skywards service centre
Means each of the service centres for Members established in Dubai, Colombo, Bombay, Karachi, Manchester, Melbourne and New York and having the contact details as published by Skywards;

SriLankan Airlines
Means SriLankan Airlines Limited, a company organised and existing under the laws of Sri Lanka;

Tier Miles
Means Miles accrued in respect of qualification for a membership level, being a Mile earned by taking a flight on Emirates or SriLankan Airlines only; and

Warsaw Convention 1929
Means The Convention for the Unification of Certain Rules relating to International Carriage by Air, Warsaw, 12th October 1929.

8.2 In these Programme Rules, unless a contrary intention appears

(a) a reference to the singular includes a reference to the plural, and vice versa;

(b) a reference to a gender includes a reference to the opposite gender;

(c) a reference to a party includes a reference to its authorised employees; and

(d) headings are inserted for the purpose of convenient reference only.