TERMS AND CONDITIONS for SMILE

By joining the SMILE program, you accept the Terms and Conditions stated below.
The Terms and Conditions currently in force are available at any time on smile.scandlines.com/en.

1. Card issuing company

Contracting party and the company issuing the SMILE card is Scandlines Danmark ApS (in the following “Scandlines”).

2. General terms

The SMILE card is a membership card with no credit function. The SMILE program allows you to earn points, based on the purchase of goods and services you make on www.scandlines.com and other Scandlines’ homepages except from www.scandlines.se, at Scandlines ticket offices, on board Scandlines’ ferries and in Scandlines’ Border-Shops. Furthermore, the SMILE card entitles you to participate in special membership benefits and membership offers from Scandlines and business partners of Scandlines.

3. Membership

The SMILE card is freely available to any individual above the age of 18 (however persons with place of residency in Sweden must be above the age of 20) except employees of Scandlines or affiliated companies. Upon request from Scandlines, age and place of residency have to be verified. 

The SMILE card is personal and non-transferable, and only available to private persons, not companies. A SMILE membership requires that you have an email account, as the membership is email based. Furthermore signing up for a SMILE membership requires that you accept to receive electronic communication (in German version add: “by way of double-opt in”)including newsletters, travel tips and other information from Scandlines, cf. Section 12 (d).  If you hereafter decide to opt out of receiving electronic communication you will only receive 2 emails a year from SMILE stating your point balance and information on the expiry date of your points.

The SMILE card will not become valid until it has been activated. You can activate your SMILE card by registering your SMILE membership. Registration can be made via smile.scandlines.com/en, at a SMILE kiosk, on board a Scandlines’ ferry or in Scandlines’ BorderShop in Rostock or Puttgarden.

4. Membership Levels

The SMILE program has two membership levels. The entry level is SMILE. Members may be upgraded to the next level (SMILE) for a 12 months period by payment of 5000 points. The SMILE membership entails additional benefits, for example more beneficiary point earnings for any purchases made with Scandlines. Further details regarding the advantages of SMILE can be obtained under smile.scandlines.com/en. If the SMILE membership is not renewed before the expiry of the 12 months period by renewed payment as above via the individual SMILE account “My Page”, the SMILE membership will automatically be converted to a SMILE membership.

5. Accrual of points

Points can be earned to the SMILE card on purchases of goods and services made on www.scandlines.com and other Scandlines homepages (except www.scandlines.se), Scandlines ticket offices, on board Scandlines’ ferries and in Scandlines’ BorderShops, with the explicit exception of tickets for Helsingør-Helsingborg, bus tickets, lorry tickets, magazines, papers and tobacco.

The accrual rates applicable for all given products at any given time are available on smile.scandlines.com/en.

Every point has a value of DKK 0.01.

The earning of points is subject to presentation of the SMILE card at the time of purchase. It is not possible to register points at a later time after the time of purchase. If you did not bring your SMILE card, you can have a temporary card issued which you can present at the time of purchase. In this case you will earn points on this temporary card. Hereafter you can transfer these points to your SMILE card provided you do so within the coming 4 weeks. Points collected on temporary cards are valid for 4 weeks from the time of purchase, and hereafter they are void. 

You may check the SMILE points earned by you by visiting smile.scandlines.com/en using “My Page”.

6. Use of points

SMILE points can be used for either upgrade to the SMILE membership level as described under Section 4 above, or as payment for tickets, shopping on board Scandlines’ ferries, in the Scandlines’ BorderShops or at our business partners’, if applicable.

Points can be used in combination with cash payment unless otherwise expressly stated.

Points cannot be exchanged for cash.

Tickets bought for points or a combination of points and cash are subject to changes and refund according to the rules on changes and refund applicable to the ticket type in question. If you have bought a ticket for a combination of points and cash and you wish to change this ticket or request a refund hereof, be aware that any points used to buy the ticket will be refunded prior to cash.

7. Validity and limitation

Points earned before your SMILE card has been activated, cf. Section 3, will not be valid if activation and registration of the SMILE card is not carried out within 4 weeks from the date of earning.

Furthermore, any earned points will be statute-barred if not used within 36 months of the date of the respective earning.

8. Other benefits

Besides from earning points, the SMILE and SMILE memberships include other special benefits. The benefits applicable at any time are described on smile.scandlines.com/en.

9. Termination

You can at any time terminate your SMILE membership by giving written notice hereof to Scandlines. E-mail or fax will be sufficient ways of giving this notice. When terminating your membership, provided this is not according to Section 10, your points will stay valid for a six months period starting the day Scandlines receives your termination notice, unless your points expire earlier according to Section 7 in which case this earlier day will be the expiry date. In case of termination you are obliged to destroy your SMILE card or return it to Scandlines as soon as there are no more valid points attached to it.

If you erase your SMILE account, your membership will terminate automatically and hereafter you will not be able to use your SMILE card. At the same time you will lose all earned points that are registered as connected to your SMILE card. Likewise you will have to return your SMILE card to Scandlines or destroy the card immediately after the deletion or your data.

Scandlines may at any time giving two months’ written notice terminate the SMILE program. If Scandlines choses to terminate SMILE, any and all earned points will expire at the same time as the termination of SMILE comes into effect. Notice on such termination will be given to the members via e-mail and Scandlines will also make this information available on www.scandlines.com.

If according to applicable law, court decision, injunction from a public authority or the like, SMILE has to be terminated, such termination will come into force immediately without prior notice, and any and all earned points will expire at the same time as such termination of SMILE without this giving members right to any compensation what so ever from Scandlines.

10. Abuse and exclusion

Scandlines reserves the right to permanently exclude a member from the SMILE program in case the member has abused the membership. In case of abuse already earned but unused points on the members account will immediately be deleted and the member will be excluded from SMILE. In case of abuse Scandlines reserves the right to deny the member access to the premises of Scandlines and companies belonging to Scandlines Group*.

Examples of abuse may be: Illegal conduct such as fraud or attempt hereto, unacceptable behavior towards Scandlines and companies belonging to Scandlines Group*, Scandlines’ business partners, employees or passengers, violation of these Terms and Conditions for SMILE or any other conduct that from Scandlines’ point of view is considered immoral or unethical.

Furthermore Scandlines reserves the right to cancel the earning of points related to bookings that are cancelled or in case the member has used the membership in an improper way.

In case a member is excluded from SMILE the member is obliged to return the SMILE card to Scandlines upon request or to return the card to Scandlines as soon as possible.

11. Loss of SMILE card

In the event of loss or theft of your SMILE card, please go to smile.scandlines.com/en immediately to block your card and apply for a new one. Any points used from a lost or stolen SMILE card are regarded as spent and will not be refunded.

12. Personal data

Scandlines and relevant companies within Scandlines Group* are responsible for the handling of your personal data is being done in accordance with the relevant and applicable mandatory rules regarding protection of personal data as well as with our Data Protection Declaration which can be found on smile.scandlines.com/en. Scandlines and relevant companies within Scandlines Group* are data responsible according to the applicable rules on protection of personal data.

By becoming a member of the SMILE program, you accept that Scandlines and relevant companies within Scandlines Group* can register and use the data that is required in the SMILE application form (e.g. name, e-mail address, etc.). You also accept that we will register and use data regarding your purchases made via your SMILE card and your behavior on our websites, provided such behavior follows your log-in as a SMILE member to the website and that we register and use data regarding your purchases made via your SMILE card in our BorderShops. In addition hereto you accept that Scandlines and relevant companies belonging to Scandlines Group* share this information enabling Scandlines and relevant companies within Scandlines Group* to:

(a) gather information on your purchases,

(b) allocate points according to your purchases,

(c) update the knowledge of Scandlines and relevant companies within Scandlines Group* regarding customer preferences enabling Scandlines and relevant companies within Scandlines Group* to provide better service to you including targeted marketing towards you,

(d) send you newsletters, tips on travel, information regarding new products and new advantages and invitations to participate in competitions via e-mail.

Collected data will not be shared with companies outside the Scandlines Group*.

Information regarding your point related purchases will be deleted one year after that the said points are statute-barred, cf. Section 7. Other information such as for instance name, address, telephone number etc. will be kept for one year after the last points on your account have been statue-barred or your membership has been terminated, unless you specifically asked us to delete your data previously.

You can at any time in writing demand to be informed of what Scandlines and relevant companies within Scandlines Group* have registered about you or that your data shall be corrected or deleted from the databases belonging to Scandlines and relevant companies within Scandlines Group*. If you demand that Scandlines deletes all your data and if consequently a further membership is not possible anymore without such data, the rules in Section 9 will apply accordingly.

13. Miscellaneous

Applicable rules and conditions governing Scandlines’ products and services also apply to all products and services included in SMILE or which have been paid for totally or partially with points. Scandlines General Conditions of Transport and Scandlines Ticket-Terms apply to ferry tickets bought for points. These conditions and terms are available on www.scandlines.com.

Scandlines reserves the right, at any time and at its sole discretion, to alter, amend or revise these Terms and Conditions giving two months’ notice. Members will be notified by e-mail of any substantial changes or amendments to these terms and conditions. Such changes and amendments are considered approved if the member continues to use his or her SMILE card, or if no written objection is filed within one month of notification. Special mention of these consequences will be made in the notification. If a member rejects the changes or amendments, his/her membership may be duly terminated by Scandlines pursuant to Section 9 of these Terms and Conditions. However the changes will apply to any points the said member may have. Such points will still be valid for 6 months from the day of the termination.

If one or more conditions of these Terms and Conditions are deemed void by a competent authority or court, this shall not affect the validity of the rest of the Sections of these Terms and Conditions.

These Terms and Conditions replace any and all prior versions of Terms and Conditions for SMILE.

14. Applicable Law

Any dispute relating to these Terms and Conditions shall be governed by the laws of Denmark and decided by the Danish courts.

*Scandlines Danmark ApS, Scandlines Catering ApS, Scandlines Deutschland GmbH, Scandlines Bordershop Rostock GmbH and Scandlines Bordershop Puttgarden GmbH.

 

May 2016