How can I request an upgrade to Business Class?

Important information

• You will not be able to request a refund if your offer was accepted and you used the benefit.
• If you made a request for an upgrade and it was accepted, the system will temporarily withhold the total amount of the request on your credit card and, in some cases, you may receive a message from your bank (SMS, email or other) to inform you of the amount. This will appear as a "pending" charge on your bank account.
• On some occasions, due to unforeseen situations, the request cannot be processed. In these cases, the temporary amount withheld from the card will be released within 5 to 10 business days. The exact time varies with each card issuer, the issuer has control over when these amounts will be withdrawn or reversed. In such a situation, the transaction will not be approved; therefore, we will not charge your credit card.

The following terms and conditions apply to any offer made by our customers to upgrade to Business Class through Plusgrade:

1. Introduction and Acceptance of Terms

   These Terms of Sale ("Terms") govern all sales of Business Class from Plusgrade Inc., a company incorporated under the laws of Canada, with its head office located at 2200 Stanley St., Suite 700 Montreal, Quebec, Canada H3A 1R6, and its affiliates detailed below, to you, the customer.

   By completing a purchase transaction for Products through the website where the Products are purchased, you agree to be bound by these Terms, our privacy policy and any other policies or disclaimers posted on our Website. Please read these Terms carefully before completing a Transaction. If you do not agree, you may not purchase Products from us.

   Your Transaction is not effective until it is accepted by Plusgrade, as evidenced by email. We reserve the right to revoke or cancel any acceptance, and to cancel or reverse Transactions as set out in these Terms. These Terms are subject to change without notice and were last updated on the date listed above.

   The applicable Plusgrade Legal Entity which will be processing a given Transaction shall be based on the currency used to complete your Transaction as follows.

   Transaction Currency	Applicable Plusgrade Legal Entity
   CAD	Points.com Inc., a company incorporated under the laws of Canada, with its head office located at 111 Richmond Street West, Suite  700,Toronto, Ontario M5H 2G4, Canada.
   USD	Points Development US Ltd., a company incorporated under the laws of Delaware, with its head office located at Canopy Jackson Square 595 Pacific Ave., Floor 4, San Francisco, CA, 94133, United States
   All other currencies	Points International (UK) Limited, a company incorporated under the laws of the United Kingdom, with its head office located at 123 Buckingham Palace Rd, Unit 02-106, Victoria, London, UK, SW1W 9SH.

2. The Transaction

   Please note that all transactions are non-refundable.

   To complete a Transaction, you must follow the instructions on the Website. You will be required to provide accurate and complete personal and payment information. You represent and warrant that you are at least 18 years of age and have the legal capacity to enter into a contract.

   After you submit your Transaction request, you will receive an email from us acknowledging receipt. This is an order confirmation, not an acceptance of your Transaction. A contract for the sale is only formed when we send you a confirmation email confirming the Transaction has been completed. We reserve the right to decline or cancel a Transaction for any reason.

   You are responsible for ensuring the accuracy of all information you provide, including your shipping address and contact details. We are not liable for any delays or losses resulting from inaccurate information provided by you.

3. Pricing and Payment

   All prices are listed in the applicable currency, as shown on the Website. While prices are subject to change without notice, the price displayed at the time of your Transaction is final. This price includes any applicable fees and taxes, which will be shown in the total purchase price during the checkout process. Prices do not include any currency exchange rate or foreign transaction fees, which are determined by your bank.

   We use a third-party payment service provider  to process all payments. Your payment information is securely transmitted to the PSP and is not stored by us. By submitting your payment information, you authorize us, or our PSP, to charge the full amount of your Transaction to your selected payment method.

   Our PSP is compliant with industry standards, such as the Payment Card Industry Data Security Standard (PCI DSS). While we take all reasonable steps to ensure the security of your payment, we are not responsible for the security practices of the PSP.

   TAll transactions are non-refundable, unless otherwise required by law.

   In the event of any financial discrepancy, our records shall take precedence over all other records.

4. Intellectual Property

   All intellectual property rights, including copyrights, trademarks, and trade names, in the Products and on the Website are owned by or licensed to us. You may not use, reproduce, or distribute any content from our Website without our express written permission.

5. Indemnity and Limitation of Liability

   To the fullest extent permitted by applicable law, you shall indemnify, defend, and hold Plusgrade and its affiliates, and each such entity’s respective directors, officers, employees, contractors, partners, agents, affiliates, successors, and assigns, harmless from and against any and all losses, obligations, claims, damages, demands, liabilities, suits, actions, costs, fees, and expenses whatsoever incurred, suffered, or borne by or asserted against any such persons in any way relating to, arising out of, or resulting from (i) your performance or failure to perform hereunder or (ii) any breach by you of these Terms.

   The transaction and any associated services are provided "as is" without warranty, representation, condition or guarantee of any kind, either expressed or implied, including but not limited to any implied warranties, representations, conditions or guarantees of quality, merchantability, merchantable quality, fitness for a particular purpose or non-infringement, all of which are disclaimed to the fullest extent permitted by applicable law.

   To the fullest extent permitted by applicable law, plusgrade’s entire liability, regardless of the form of cause of action, demand, or claim, whether based on contract or tort (including negligence), shall in no event exceed the amount paid by you for the applicable transaction. in no event shall plusgrade be liable for any special, indirect, incidental, or consequential damages suffered in connection with these terms or the applicable transaction howsoever caused and regardless of the form of cause of action, demand, or claim, whether based on contract or tort (including negligence), and even if such damages are foreseeable or plusgrade has been advised of the possibility of such damages.

   You shall comply with all laws, rules, and regulations applicable to these Terms. Plusgrade shall have no liability for delays or failure in its performance caused by any act of God, war, strike, labor dispute, work stoppage, fire, act of government, or any other cause, whether similar or dissimilar, beyond its control.

6. General Provisions

   You may not assign or transfer these Terms, or any right or obligation hereunder. No modification, amendment, or waiver of these Terms shall be effective unless made in writing and signed by Plusgrade. If any provision of these Terms is found to be invalid or unenforceable, such provision shall be deemed to be severable and shall be deleted, and all remaining terms and conditions shall continue to be valid and enforceable.

   These Terms are governed exclusively by the laws of the Province of Ontario, Canada, and the laws of Canada applicable therein, without regard to conflicts of law principles thereof. Any claim, dispute, or controversy between you and Plusgrade shall be determined by final and binding arbitration to the exclusion of the courts. Such arbitration will be conducted in Toronto, Ontario, Canada, on a simplified and expedited basis by one arbitrator pursuant to the current laws and rules relating to commercial arbitration in Ontario. If such arbitration is not permitted by applicable law or any court with jurisdiction, you irrevocably agree that all claims, disputes, or controversies shall be settled exclusively by the courts of the Province of Ontario, located in Toronto, Ontario.

7. Third-Party Terms and Conditions

   Please note that in addition to these Terms, your purchase may be subject to the terms and conditions of Avianca. It is your sole responsibility to review these third-party terms and conditions prior to purchase; we assume no liability for the content, application, or enforcement of such third-party terms and conditions.

8. Contact Information

   If you have any questions about these Terms, please contact us at: +57 601 794 8488

These Terms and Conditions should be read in conjunction with our Conditions of carriage and Privacy policy. The client must accept these Terms and Conditions to be able to participate in the Upgrade Your Experience program.