HESBURGER BONUS CLUB FOR FINLAND, ESTONIA, LATVIA AND LITHUANIA

Update May 2018

BONUS CLUB TERMS AND CONDITIONS

1. General Information

The Hesburger customer loyalty programme is called Bonus Club (hereinafter “Bonus Club”) and loyal customers are private persons (hereinafter “customer”, “Bonus Club member”) who have joined the Bonus Club in the country of their residence. Bonus Club operates in Finland, Estonia, Latvia and Lithuania. If the customer is not a resident of any of these countries, he or she will automatically be a member of Bonus Club Finland.

Bonus Club maintenance and development are handled by Burger-In Oy (hereinafter “Hesburger”), business ID 2031967-6, address Linnankatu 34, 20100 Turku, Finland. The seller of the Hesburger products is the local Hesburger restaurant company where the customer makes their purchase.

Bonus Club membership requires the customer to accept these Bonus Club terms and conditions.

2. Bonus Club

2.1 Joining Bonus Club

A customer may join the Bonus Club by either applying on the Hesburger website or using the Hesburger application. The Hesburger application is a mobile application, by means of which the customer can manage their own Bonus Club membership and conveniently receive information on Hesburger products and restaurants, take advantage of Bonus Club offers and make purchases or place advance orders at Hesburger restaurants (hereinafter "Hesburger application").Use of the Hesburger application requires accepting the terms and conditions of use pertaining to said application.

Bonus Club membership requires that the customer provides the requested personal data during the application phase online or through the Hesburger application. The customer shall be responsible for ensuring that the personal data given for their Bonus Club membership is accurate, precise and up-to-date. If necessary, the customer shall be required to update new details on the Hesburger webpage or through the Hesburger application.

Persons under 15 years of age require the consent of a parent or guardian to join the Bonus Club in Finland, Estonia or Lithuania. Persons under 16 years of age require the consent of a parent or guardian to join the Bonus Club in Latvia. Parental or guardian consent will be verified by email.

Hesburger reserves the right to set separately specified terms and conditions on Bonus Club membership. Hesburger reserves the right to reject a customer’s Bonus Club application without providing any explanation for the rejection.

2.2 Bonus Club member and Bonus Card

As a Bonus Club member, the customer will be given a Bonus account, in which the customer can earn bonus points for purchases made at Hesburger restaurants (hereinafter "Bonus account"). The Bonus account credit can be used as a means of payment in Hesburger restaurants. The customer has a personal Bonus Card attached to their Bonus account. The Card may be either a physical Bonus Card or a mobile Bonus Card in the Hesburger application (hereinafter "Bonus Card"). The physical Bonus Card shall only be delivered to the customer’s home address in Finland, Estonia, Latvia or Lithuania.

The customer shall earn Bonus points from a Hesburger restaurant by presenting their Bonus Card when placing an order. Bonus points may be earned from Hesburger restaurants in Finland, Estonia, Latvia and Lithuania that have a Bonus system in use.

Only the Bonus Card or some other customer loyalty card may be used for a single purchase if the restaurant accepts other loyalty cards. In Finland, the customer may choose whether to use, for example, their S-Group customer loyalty card or the Bonus Card when placing an order in S-Group Hesburger restaurants.

Note! If a Bonus account has not been used for two years, the account will be closed and the Bonus points will be lost without compensation.

2.3 Parallel membership and parallel card

One parallel membership per Bonus Club membership may be granted. Both memberships are attached to the same Bonus account. A Bonus Club member may apply for parallel membership for another person living in the same household. A parallel membership application can be filled out on the Hesburger website. The person for whom the parallel membership is being sought shall verify by email their membership in Bonus Club and accept the Bonus Club rules. A physical parallel membership card will be mailed to the home address of the Bonus Club parallel member in Finland, Estonia, Latvia or Lithuania.

Bonus Club members and parallel members have the same rights to use the Bonus account, such as the right to pay for purchases at Hesburger restaurants with credit in the Bonus account. However, the Bonus Club member has the exclusive right to terminate the parallel membership or terminate the Bonus Club membership without the consent of the parallel member. When the Bonus Club member terminates their Bonus Club membership, the parallel member’s Bonus Club membership will also be terminated.

3. The Processing of Personal Data

Hesburger shall ensure the proper processing and storage of Bonus Club membership applications and the personal data of Bonus Club members. The processing of personal data is described in greater detail in the Hesburger Privacy Policy, which can be found through the Hesburger application and on the Bonus Club pages of the Hesburger website.

4. Bonus Purchases and Earning Bonus Points

Bonus Club members are entitled to receive Bonus points for food item purchases made in Hesburger restaurants using the Bonus system, including special offers and purchases made with previously earned Bonus points (hereinafter “Bonus purchase”). Bonus points shall not be earned for purchases such as children’s toys, tobacco products, alcohol or gift cards. Bonus purchases cannot be registered after the fact if the customer failed to present their Bonus Card while making a purchase.

Bonus points earned from Hesburger Bonus purchases are determined based on the criteria specified below. Bonus points are listed as a sum in euros in the customer’s Bonus account.Bonus points are earned based on the customer’s total Bonus purchases made during the calendar month, as follows:

Members of the Bonus Club in Estonia, Latvia and Lithuania:

1. Total Bonus purchases made during the calendar month: €4.40–17.49: Bonus equals 2% of the total Bonus purchases made;
2. Total Bonus purchases made during the calendar month: €17.50– 42.49: Bonus equals 3.5% of the total Bonus purchases made;
3. Total Bonus purchases made during the calendar month: €42.50 and up: Bonus equals 5% of the total Bonus purchases made.

Members of the Bonus Club in Finland:

1. Total Bonus purchases made during the calendar month: €8.00–34.99: Bonus equals 2% of the total Bonus purchases made
2. Total Bonus purchases made during the calendar month: €35.00–84.99: Bonus equals 3.5% of the total Bonus purchases made
3. Total Bonus purchases made during the calendar month: €85.00 and up: Bonus equals 5% of the total Bonus purchases made

If a Bonus Club member exceeds the minimum euro amount of Bonus purchases made in the middle of a calendar month, the Bonus points earned shall be calculated retroactively from the beginning of the calendar month using the higher Bonus percentage. These accrued Bonus points shall be credited to the customer’s Bonus account the next time that Bonus points from a Bonus purchase are credited to the account.

5. Loading Additional Credit to a Bonus Account (Finland)

Bonus Club Finland only: A Bonus Club member can, if desired, load additional credit to their Bonus account, either using their own online bank identification on the Hesburger website, or by loading the additional credit to their Bonus account at a Hesburger restaurant. Credit can be used in accordance with the accepted methods for using Bonus points specified in these Bonus Club rules.

6. Using Bonus Points

Hesburger receives daily information on the Bonus points earned and used by customers from any Hesburger restaurant using its own data system.

A Bonus Club member may use the Bonus points earned in their Bonus account at all Hesburger restaurants using the Bonus system. Hesburger determines which Bonus points can be used to pay for purchases or services at any given time. Every effort is made to calculate the Bonus points based on the monthly Bonus purchase total every day, and the Bonus points earned from this can be used no earlier than the day following the purchase that entitles the member to receive Bonus points.

Bonus points may not be converted to cash.

7. Bonus Club Levels

The Bonus Club levels are Silver, Gold and Platinum. Bonus Club members are automatically Silver level upon joining Bonus Club. A Bonus Club member can move up to Gold and on to Platinum when the member’s monthly Bonus purchases exceed the minimum purchase amount for the next Bonus Club level. The minimum purchase amounts for each level are as follows:

Silver: Basic level
Gold: Bonus purchases exceed 90 euros during two consecutive calendar months
Platinum: Bonus purchases exceed 180 euros during two consecutive calendar months

The Silver, Gold and Platinum levels entitle Bonus Club members to receive Hesburger Bonus Club benefits available at that time, provided that the total Bonus purchases paid at the same time exceed the minimum purchase amount specified by Hesburger at any given time. Hesburger wants to reward its loyal customers, so that Gold and Platinum level members are entitled to receive higher-value Bonus Club benefits. Bonus Club benefits available at any given time may be viewed on the Hesburger website and the Hesburger application. A customer entitled to receive a Bonus Club benefit may claim it when placing an order on the Hesburger application or when making a purchase at a Hesburger restaurant.

The Bonus Club level is inspected on the first day of each month. Any changes to the level are updated automatically in the customer’s Bonus account information on the second day of each month. If the total of Bonus purchases made during the two calendar months immediately preceding the inspection date entitles the customer to the existing Bonus Club level (hereinafter “Existing level”) or the level above it (hereinafter “Upgraded level”), the Bonus Club level will be kept at the Existing level or moved up to the Upgraded level according to the total of Bonus purchases made. The Existing or Upgraded level shall remain in effect for 12 months from the date of the inspection specifying the Existing or Upgraded level. If the total of Bonus purchases made during the two calendar months immediately preceding the inspection date entitles the customer to the level below the Existing level (hereinafter “Lower level”), the Lower level shall remain in effect for 12 months from the date of the inspection specifying the downgrade in level and shall enter into effect if its period of validity remains at the moment the period of validity for a higher level has expired. The Bonus Club level will return to the Silver level when the period of validity for Gold or Platinum has expired, unless otherwise stated above. Changes in level require no action by the customer. 

8. Bonus Account Information

Bonus Club members can keep track of their Bonus account total and Bonus Club level with the Hesburger application and on the Bonus Club pages of the Hesburger website. If desired, customers can also receive information from a Hesburger restaurant on the unused Bonus point total accrued in their Bonus account by the day before.

9. Customer and Hesburger Responsibilities

The Bonus membership and Bonus Card are personal. Hesburger is not responsible for the loss of a Bonus Card or any damage (including loss of profit) or harm caused to the customer or a third party by the unauthorised use of the Card, the Hesburger application or the Bonus account, unless otherwise stipulated by law. The customer is obligated to immediately notify Hesburger if they suspect or find that their Bonus account has been used without their consent. However, Hesburger always reserves the right to inspect the Bonus Card holder’s identity in an effort to prevent misuse. If the bonus Card holder cannot, upon request, prove their identity by presenting some form of official identification, no Bonus points in the bonus account can be used when making a purchase, nor will the customer be entitled to receive any benefits with the Bonus Card, such as free products. If unauthorised use is suspected, Hesburger reserves the right to close the member’s Bonus Club membership and block access to the Hesburger application. If this misuse is the fault of the Bonus Club member, the total Bonus points in the Bonus account will not be returned; instead, the total will be voided.

Hesburger is not responsible for any interruption in data traffic or delays caused by other factors. Hesburger is also not responsible for any direct or indirect damages cause by the use of the Bonus system or for any damages or delays resulting from cases of force majeure, unless otherwise stipulated under statutory laws.

The Bonus Club member is responsible for the proper storage of their user ID and password for the Hesburger application and online service as well as for any damages resulting from their loss, misuse, etc.

10. Amendments

Hesburger reserves the right to unilaterally amend these Bonus Club rules. The customer will be notified of any essential amendments in reasonable time in advance either by the Hesburger application or by email to the email address provided by the customer. The customer must cancel his Bonus Club membership in case he can’t accept the essential change in the Bonus Club rules.

11. Termination of Membership

Bonus Club members reserve the right to terminate at any time their Bonus Club membership with a written notification to Hesburger. The notification shall be submitted to Hesburger using the contact information presented in section 13. Upon termination of the Bonus Club membership, the customer’s Bonus account and Bonus Club membership rights and obligations shall all be voided. The Bonus Card will be cancelled, the earning of Bonus points in the Bonus account will end and the Bonus account total will be voided once Hesburger has processed the cancellation of membership. Bonus Club members should be aware that the Bonus points earned or loaded in their Bonus account will not be returned. Any parallel membership in effect will end when the Bonus Club membership ends.

Hesburger reserves the right to cease to maintain the Bonus system at any time.

12. Conflict of Laws and Resolution of Disputes

Finnish law shall apply to the use of Bonus Club. Nevertheless, if you are a consumer domiciled in the EU, please note that you will not be deprived of the protection afforded to you by the statutory consumer protection laws of your country of habitual residence.

Both parties shall make every effort to amicably resolve any disputes arising from this agreement first by negotiation. If the dispute cannot be resolved by negotiation,the case shall be brought before courts for the place where the customer is domiciled or, if the case is brought by the customer, before courts for the place where the customer or Hesburger is domiciled. Consumers may also use the local consumer dispute platforms to settle disputes. Please see below for your local platform:

Finland: Finnish Consumer Disputes Board, PL 306, 00531 Helsinki, Finland, www.kuluttajariita.fi

Estonia: Consumer Disputes Committee of the Consumer Protection Board, Pronksi 12, 10117 Tallinn, Estonia, www.tarbijakaitseamet.ee

Latvia: Latvia: Consumer Rights Protection Centre, Brivibas str. 55, Riga, LV-1010, Latvia, http://www.ptac.gov.lv/

Lithuania: State Consumer Rights Protection Authority, Vilniaus g. 25, 01402 Vilnius, Lithuania, www.vvtat.lt

Consumer clients may bring disputes against local Hesburger Restaurants regarding purchases made via the Hesburger Application at the Online Dispute Resolution Platform at http://ec.europa.eu/odr.

13. Contact Information

If you have any questions or comments concerning the Bonus Club, please contact your local Hesburger customer service:

Burger-In Oy
Business ID: 2031967-6
Linnankatu 34
20100 Turku, Finland

Finland: bonusklubi@hesburger.fi, +358 2 4808 9000
Estonia: info@hesburger.ee, +372 5807 1936
Latvia: info@hesburger.lv, +371 6722 8005
Lithuania:info@hesburger.lt, +370 6948 4413