Virgin America Visa Signature® Credit Cards Terms & Conditions
ALL OF THE PROGRAM TERMS ARE SUBJECT TO THE JURY TRIAL WAIVER AND ARBITRATION PROVISION IN YOUR CREDIT CARD ACCOUNT AGREEMENT.
PLEASE READ THE FOLLOWING TERMS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS IN THE VIRGIN AMERICA VISA REWARD PROGRAM.
The Virgin America Visa® Credit Card Program, along with the associated Elevate™ Frequent Flyer Program, will end on December 31, 2017. New applications are no longer accepted for the Virgin America Visa Signature® Card or the Virgin America Premium Visa Signature® Card. Existing cardholders will continue to receive the following Card Program benefits through December 31, 2017. Comenity Capital Bank will close all open Accounts on January 4, 2018 and will continue to service any Account with a balance, until said balance is paid in full.
General Information; Definitions; Changes.
The Virgin America Visa Card Program (the "Card Program") allows you to earn Elevate Reward points ("Elevate Reward Points") on the dollars you spend as described in Section 3 below, using your Virgin America Visa Account (your "Account"). Reward Points may be earned by you and anyone you authorize to use the Card. All Elevate Program rules apply to Elevate Program membership, points offers, points accrual, point redemption, Status Points, reward flights, and travel benefits. Offers are void where prohibited by law. Offers are subject to change without notice. Other restrictions apply. The Elevate Program is offered by Virgin America Inc. for Virgin America guests, and is subject to the terms and conditions posted at http://www.virginamerica.com. Membership in the Elevate Program is offered at the discretion of Virgin America. Participation as an Elevate Member is subject to any terms and conditions, rules, policies, and procedures that Virgin America may at its discretion change at any time without notice. Virgin America reserves the right to terminate the program or change the program terms, benefits, conditions of participation or points levels, in whole or in part, at any time, with or without notice. Virgin America's Elevate Member Guide is posted at http://www.virginamerica.com/cms/elevate-frequent-flyer/member-guide. In this Program, the terms "Cardholder", "Participant", "you", and "your" mean the Primary Credit Card Account holder. "Bank", "we," "our," "ours," and "us" mean Comenity Capital Bank or its assignees. Other capitalized words not specifically defined have the same meaning as in your Credit Card Account Agreement. The Card Program is not available to the extent it is prohibited by federal, state, or local law. This Card Program Terms contain the entire understanding between you and us regarding the Program. From time to time we may change the card program and these card program terms in accordance with applicable law, including any applicable notice requirements.
0. Eligibility; Annual Fee.
To enroll in the Card Program, you must be approved for a Credit Card Account and pay an Annual Fee upon enrollment and every year thereafter. To remain eligible to participate in the Card Program, you must pay the Annual Fee and your Credit Card Account must be in Good Standing. "Good Standing" means your Account (1) is open to new charges, (2) is not delinquent or in default under the Account Agreement, (3) does not have a balance over the assigned credit line, and (4) is not flagged as lost, stolen, or fraudulent according to Bank's written or electronic records. Notwithstanding anything to the contrary in these Card Program Terms, we reserve the right to approve, deny, or revoke Participation in the Card Program to any individual for any reason whatsoever.
1. Earning Bonus Elevate Reward Points.
You are eligible to earn bonus Reward Points if you make $1,000 of Net New Purchases within the first ninety (90) days of account opening. If you meet this requirement and you have the Premium Card, you will receive 15,000 bonus Reward Points. If you do not have the Premium Card, you will receive 10,000 bonus Reward Points. If you received a different bonus offer from Virgin America, refer to the specific terms and conditions of your exclusive offer. After qualifying, please allow 6 to 8 weeks for bonus Reward Points to post to your Elevate account. To be eligible for this offer, the Credit Card Account must be open and not in default at the time Points are posted. This one-time bonus offer is valid only for new Credit Card Accounts. Bonus Reward Points earned do not count toward Elevate Gold or Elevate Silver Status.
2. Earning Elevate Reward Points.
As an Elevate member you earn five (5) Reward Points per $1.00 spent on your base fare for Virgin America flights. As a Cardholder you will earn extra Elevate Reward Points for Net New Purchases on your Account so long as your Account is open and not in default. The number of extra Elevate Reward Points earned depends on where the Net New Purchases are made. You will earn:
Three (3) Elevate Reward Points for each $1.00 of Net New Purchases of Virgin America tickets and ancillary fees (bought through Virgin America) or Red in-flight purchases made with the Card, rounded to the nearest dollar. One (1) Elevate Reward Point for each $1.00 of Net New Purchases made everywhere else the Card is used, rounded to the nearest dollar, including but not limited to purchases of Gogo in-flight internet sessions or subscriptions, hotels, cars, and vacations or cruises booked through virginamerica.com.
"Net New Purchases" means purchases of goods and/or services made by you or any Authorized User of the Account plus applicable taxes, minus any returns, refunds or credit adjustments, rounded to the nearest dollar. Elevate Reward Points awarded for purchases that are returned or refunded or otherwise adjusted will be deducted from your Elevate Reward point balance. Such deductions may result in a negative Elevate Reward Points balance, in which case, any Reward Points you earn will be applied to reduce that balance and you will not be able to redeem Elevate Reward Points until you again have a positive balance.
Points are not earned on: balance transfers, cash advances, cash-like charges such as travelers checks, foreign currency and money orders, any checks that access your account, overdraft advances, interest, unauthorized or fraudulent charges, or fees of any kind, including an annual fee.
If your Account is not in open and not in default, you will stop accruing Elevate point in the Card Program. Reward Points are considered earned when they are posted to your Elevate account. We reserve the right to verify and adjust points at any time prior to or following posting or redemption. There is no maximum number of Elevate Reward Points that may be earned per billing cycle or year.
You will earn Elevate Reward Points on purchases until December 31, 2017. Any purchases made on or after January 1, 2018 will no longer be eligible for Reward Points. Through January 2018, Elevate members will retain access to their Elevate account and have the option to convert their Elevate points into Alaska Airlines Mileage Plan™ miles. Elevate members who do not self-convert their Elevate points into Mileage Plan miles will have their points automatically moved over into Mileage Plan in early 2018.
3. Earning Elevate Status Points. (Premium Cardholders only)
Each calendar year, Premium Cardholders are eligible to earn up to 15,000 Status Points (as defined in the Elevate Member Guide) toward reaching or renewing Elevate Gold or Elevate Silver status. Status Points are not redeemable for Reward Travel. You will receive 5,000 Status Points for each $10,000 of Net New Purchases made using your card, up to a maximum of 15,000 Status Points per calendar year, provided that you have paid the Annual Fee and your Account is open and not in default at the time Points are posted. Any Net New Purchases that post after your December 2017 billing statement will not be eligible for Status Points. Status Points will post to your Elevate account approximately 6 to 8 weeks after the billing cycle end date in which you reach each $10,000 of Net New Purchases. Status Points count toward reaching or renewing your Elevate status in the qualification year in which they are posted. The final Elevate status qualification year is 2017 and it begins on January 1 and ends on December 31. If you earn Elevate Silver or Elevate Gold status in 2017 you will be automatically matched to Alaska Airlines Mileage Plan elite status for 2018. Status Points earned over a status threshold in 2017 will not be applied to the following year’s status qualification, as the Elevate Program will end on December 31, 2017.
4. Flight Change/Cancel Fee Waiver. (Premium Cardholders only)
Premium Cardholders are eligible to receive waived change or cancel fees (as published at virginamerica.com) when purchasing non-refundable fares on Virgin America-operated flights. To receive the waived change or cancel fee benefit, you must include your Elevate account number in your reservation and use your Premium Card to purchase your ticket(s) directly from Virgin America. Your Credit Card Account must be open and not in default at the time of making a change or cancellation to an existing reservation. The waived change or cancel fee benefit is only available on paid Virgin America marketed and operated flights; codeshare flights with a Virgin America flight number but operated by another airline are not eligible. The waived change or cancel fee benefit excludes same day travel change fees and Elevate redeposit fees for reward bookings. When changing a reservation, you will be responsible for paying for any difference in fare in accordance with the original purchased fare rules. Premium cardholders must remain a named passenger on the reservation and include their Elevate account number in order to receive the waived change or cancel fee benefit. When changing or cancelling a reservation, any remaining funds will be credited to your Travel Bank account for future travel on Virgin America. The travel credit is valid within 12 months from the date of change or cancellation. You will receive the flight change/cancel fee waiver for flights changed or cancelled on or before December 31, 2017. Any flight reservation change or cancellation made on or after January 1, 2018 will no longer be eligible.
5. Free First Checked Bag.
When you use your Card to book travel directly from Virgin America (or to pay for taxes and fees for reward tickets), the cost of checking one bag each for you and a companion traveling on the same reservation on Virgin America marketed and operated flights (codeshare flights with a Virgin America flight number but operated by another airline are not eligible) will be either waived or reimbursed.
You must include your Elevate account number in your reservation and check both bags under your name. Your Card Account must be open and not in default. If you are already eligible to receive free checked bag allowance(s) or fee waivers, you will not receive additional free checked bags. The free first checked bag benefit cannot be combined with any existing Elevate Gold or Elevate Silver program benefits, including any waiver of baggage charges, or combined with any cabin-specific inclusive baggage allowances for you or your travel companion. Checked bags must meet weight and size restrictions as detailed at virginamerica.com; additional fees for additional, overweight, or oversized bags may apply. First free checked bag benefit is applicable to primary cardholder only and does not apply to authorized users on the account. You will receive the free first checked bag benefit for you and a companion for flights taken on or before December 31, 2017. Any flight taken on or after January 1, 2018 will no longer be eligible.
6. Companion Ticket Discount.
You are eligible to receive one (1) one-hundred fifty dollar ($150) Virgin America companion ticket Discount Code each year. The first Discount Code will be emailed to you approximately 6 to 8 weeks after you have made a Net New Purchase and have paid the Annual Fee. Each year thereafter, you will receive your Discount Code approximately 6 to 8 weeks after you pay your Annual Fee for the upcoming year, provided that your Account is open and not in default. The Discount Code can be redeemed for $150 off of the base fare for a companion ticket when traveling with another passenger on a paid, published airfare on the same itinerary. The Discount Code cannot be applied to pay mandatory taxes and fees payable on the booking. The Discount Code is only eligible for new, round-trip full fare tickets for Virgin America-operated flights purchased directly from Virgin America either online at virginamerica.com or by phone to Virgin America reservations; codeshare flights with a Virgin America flight number but operated by another airline are not eligible. To use the discount, exactly two (2) passengers are required and the maximum discount per booking is $150 off the base fare. If the base fare is lower than $150, the remaining discount value will be forfeited. The Discount Code is for one-time use and is not valid for reward flight bookings. You must use your Card to purchase travel. Virgin America is solely responsible for the electronic delivery of the Discount Code. Discount Codes will be sent via email only. To ensure receipt, keep your email address updated in your Elevate account. 14-day advance purchase is required. Blackout dates and other restrictions apply. All Discount Codes will expire on December 31, 2017 and travel must occur no later than March 31, 2018. Therefore, flights must be booked on or before December 31, 2017 with the Discount Code, and all flights using the Discount Code must be taken on or before March 31, 2018. Cardholders should refer to the notice mailed to them by Comenity Capital Bank for further detail on the delivery of the Discount Code and Annual Fee.
7. 20% Off In-Flight Entertainment Purchases.
Using your Card, you will receive 20% savings in the form of a statement credit for all eligible purchases made on the Virgin America RED™ in-flight entertainment system on Virgin America-operated flights. Eligible purchases include food, drinks, and on-demand content. Savings do not apply to Gogo in-flight internet purchases, charitable donations, or purchases from the Red Store. For eligible in-flight entertainment purchases, you will be charged the full price and the discount will be reimbursed to you in the form of a statement credit 6 to 8 weeks after the transaction is posted to your Card Account, provided the Card Account is open and not in default at the time of reimbursement. Additional terms, conditions, and restrictions may apply. You will receive the in-flight entertainment purchase discount until December 31, 2017. Any flight taken on or after January 1, 2018 will no longer be eligible.
8. Expiration of Reward Points.
For the avoidance of doubt, payment of the Annual Fee and keeping your Credit Card Account in Good Standing shall constitute earning activity in the Elevate Program.
9. Redeeming Reward Points for Reward Travel.
Points required to redeem Reward Travel on Virgin America will be publicly available on a seat and flight-specific basis and are subject to change. Domestic reward bookings are subject to a security fee (currently $5.60 per one-way trip), payable by credit card or a credit you have with Virgin America. The Passenger Facility Charge and Segment Fees are waived for domestic Reward Travel. For international Reward Travel, you are responsible for the taxes and fees, up to $150 per person. These taxes and fees are subject to change at the discretion of each country's government and vary from country to country depending on flight origin and destination. Reward Travel on partner airline flights is subject to availability and capacity control. Partner airlines may limit the number of reward seats available on any flight and may prohibit travel on certain days. Partner airline Reward Travel does not include any applicable passenger taxes, fees, charges, and surcharges, which may cost up to $2,000.
We may communicate with you regarding any matter related to the Program by mail, telephone, or electronic communication. You may update your contact information by signing in to your Elevate account at http://www.virginamerica.com.
You can view your Program activity, the number of your unused Reward Points and any redemption activity by logging in to your Elevate account on virginamerica.com. You can also call us at 1-877-359-8474 for information regarding your Elevate account. For information on your Card account you can call us directly at 1-855-871-9842 for Virgin America Visa Signature Cards or 1-866-772-5275 for Virgin America Visa Cards (TDD/TTY: 1-888-819-1918).
Your billing rights and the special rights that apply when you are dissatisfied with your credit card purchases, which rights are set forth in your Credit Card Account Agreement, do not apply to the Program. If you believe that a purchase made with your Card should have resulted in the addition of Points to your accumulated Points balance, and such Points are not reflected in the accumulated Points balance within forty-five (45) days of the date on which the purchase posted to your Credit Card Account ("Points Dispute"), notify us immediately. We will use reasonable efforts to investigate your Points Dispute so long as you notify us of such dispute within ninety (90) days of the posting date of such purchase. If you do not notify us within such ninety (90) day period, you will have waived your right to make a Points Dispute with respect to that purchase. In order for us to undertake an investigation of your Points Dispute, we may require you to provide written confirmation of the dispute. If we do not receive the requested written confirmation at the address and within the time requested by us, we may in our sole discretion determine not to investigate your Points Dispute. Upon completion of our investigation of your Points Dispute, we will have no further responsibilities should you later reassert the same Points Dispute.
All disputes related to the Program are subject to the Jury Trial Waiver and Arbitration Provision in your Credit Card Account Agreement.
We may waive any obligation you have under these Program Terms without losing our right at a later time to enforce that same obligation. We will not lose any of our rights under these Program Terms if we delay taking action for any reason. If we take any other action, we will not lose any rights under these Program Terms. Unless otherwise required by law or our agreements with you, neither we nor Virgin America, nor any of our or its affiliates, officers, directors, employees, or agents will be liable to you, or anyone making a claim on your behalf, in connection with (a) any termination of, change in, or temporary suspension of the Program; (b) any claim relating to any products or services purchased using any Reward Points obtained through the Program; (c) any claim relating to any Other Program Benefit received; (d) any loss, damage, expense, or inconvenience caused by any occurrence outside of our control; (e) any content, products, or service appearing on a website to which we provide a link from the Program Website; or (f) any taxes that you incur as a result of receiving or redeeming Reward Points or receiving Other Program Benefits. Notwithstanding the foregoing, any liability that we may have to you in connection with the Program shall be limited to the amount of any Reward Points you have earned in accordance with these Program Terms.
We do not endorse, make any express or implied warranty regarding, guarantee the performance of, or operate or control any travel or related services in connection with any products or services purchased using any Reward Points obtained through the Program or in connection with any Other Program Benefit received.
Changes to the Program.
Subject to any notice requirements and other limitations imposed by applicable law, we or Virgin America may, at any time: (a) change, limit, or terminate any aspect of the Program or these Program Terms, including the types of rewards available and the cost of rewards; (b) terminate the Program in its entirety; (c) amend these Program Terms in whole or in part, including adding provisions covering subjects not previously addressed; (d) discontinue or replace any rewards with similar rewards or rewards of lesser, equal or greater value; (e) add or increase fees charged in connection with the Program; or (f) terminate your participation in the Program for any reason. Changes may apply retroactively and may affect outstanding transactions and Points, and may include, without limitation, the earnings rate for Points, the number of Points required to obtain rewards, the type of transactions qualifying for Points, the type or value of rewards, the expiration date of Points, and the maximum number of Points that may be earned per billing cycle or year. Any of the foregoing actions may be taken even if such actions affect the value of Points already earned.
Cancelling Card Program Participation.
You may cancel your participation in the Card Program at any time by calling us at 1-855-871-9842 (TDD/ TTY: 1-888-819-1918). If you cancel your participation in the Card Program, you will no longer earn Elevate Reward Points with your Virgin America Visa Card.
Lost, Stolen, or Damaged Cards.
You will not lose your unused Points if your Card is lost, stolen, or damaged and we provide a replacement Card, even if such replacement Card has a different account number. However, if your Card is reported as lost, stolen, or damaged you will not earn Elevate Reward Points until we provide a replacement Card.
Points are not your property and are not transferable to anyone by operation of law or otherwise. Points may not be transferred between accounts issued by us, may not be transferred upon death or as part of any domestic relations legal proceedings, and may not be brokered, bartered, sold, or transferred in any way. Any attempted transaction of such sort will automatically be void. Anyone selling, purchasing, brokering, bartering, transferring, or altering Points, either wholly or partially, shall be liable for payment of the applicable full retail price of any rewards obtained with them, as well as all damages, including, but not limited to consequential damages, transaction costs, and litigation costs (including attorney's fees and costs at trial and on appeal and in any bankruptcy proceeding). Any brokered, bartered, altered, sold, or purchased Points shall likewise be void and may be deducted from your Points balance. Any violation of these provisions will result in termination of your eligibility to participate in the Program and forfeiture of unused Points.
You are solely liable for any applicable federal, state, or local income, sales, use, or other taxes arising out of the accrual or use of Elevate Reward Points. Consult your tax advisor concerning any tax consequences that may arise from your participation in the Program.
If a court of competent jurisdiction or any government agency determines that any provision of these Program Terms is void or unenforceable, that provision will continue to be enforceable to the extent permitted by that court or agency, and the remainder of that provision will no longer be considered as part of these Program Terms. However, all other provisions will remain in full force and effect.
The Program and these Program Terms are governed by federal law and, to the extent state law applies, the laws of the State of Utah, without any reference to its choice of law provisions.
We can delay enforcing our rights under these Program Terms without losing them. In addition, our failure to exercise our rights on any one occasion, or even on more than one occasion, does not constitute a waiver of our rights for any future occasion. All waivers must be in writing.