Effective Date: May 18, 2018
Surf Air encourages you to read this Policy before using the Site or submitting any personal data. Your use of the Site signifies your agreement to our processing of personal data as described in this Policy and that you agree to all of the terms of this Policy. If you do not agree with our policies and practices, your choice is to not use the Site. This Policy may change from time to time and your continued use of the Site after we make changes to this Policy is deemed to be acceptance of those changes, so please check this Policy periodically for updates.
If you have questions about this Policy, please contact us at email@example.com.
We gather the following information related to your use of the Site, all of which is described in further detail later in this Policy:
- Registration and Flight Information: When you create an account or profile on the Site, you voluntarily give us personal information. In addition, we may collect personal information related to you and your guests when you book a flight or travel through our Site and membership service.
- Information Relating to Your Requests: We collect information you provide when you contact us, or if you respond to messages we send you.
- Social Media Information: We may receive information from and share information with social media platforms.
- Information from Other Sources: We may combine information you provide with information from outside sources.
- Mobile Information: We may collect additional information from you if you access our Site through a mobile device (e.g. your unique device identifier, your device’s operating system, or the mobile carrier for your phone).
- Technical Usage and Tracking Information: We and others may use tracking technologies (including cookies) on our Site for customization and analytical purposes, including participation in ad networks.
- Geolocation: We may identify and collect information about your specific location.
We use sensitive billing information (such as cardholder name, credit card number, and expiration date) for the purpose of payment of membership fees and other charges you incur for our services. We use other information about you for the following general purposes: to provide you with the products and services you request; to provide you with travel confirmation and updates; to manage your account, including processing bills and providing travel notifications; to communicate with you in general; to respond to your questions and comments; to measure interest in and improve our products, services, and Site; to notify you about special offers and products or services that may be of interest to you; to otherwise customize your experience with the Site; to reward you as part of any reward and recognition program you choose to join; to solicit information from you, including through surveys; to resolve disputes, collect fees, or troubleshoot problems; to prevent potentially prohibited or illegal activities; to enforce our Membership Terms; and as otherwise described to you at the point of collection.
We may share your personal information and other information we collect with the following entities: (a) our corporate affiliates; (b) business partners with whom we may jointly offer products or services; (c) our suppliers, service providers and third party vendors who provide services or functions on our behalf, including our third party flight services operators, credit card processors, customer service, marketing, and fraud prevention; (d) legal advisors, regulators and law enforcement; (e) others entities if there is a change of control or otherwise with your consent; (f) ad networks and referring websites; and (g) companies in the mobile app industry.
If you are a registered user or member, you can update your account information by logging in. You may be able to control technical information we receive from your device or browser (such as cookie or location information) by modifying your browser or device settings. You may opt-out of receiving promotional emails from us by following the link included within such messages.
You may contact us with questions or comments regarding our privacy practices as follows:
Surf Air Inc.
1408 Third Street Promenade Suite 300
Santa Monica, California 90401
Email Address: firstname.lastname@example.org
- Information Collection
We may collect information about your interactions with us or others, including personal information. We may collect and retain any information which you or your devices provide to us when you visit our Site.
- Registration and Flight Information
You do not need to register an account with us in order to browse our Site, although certain services and functionality (such as the ability to book a flight) may only be available to our registered users. If you register for an account, we may collect information you choose to give us, such as your first and last name, home or other physical address, email address, zip code, telephone number or other contact information, payment card information, employer or corporate affiliation. By interacting with us or booking flights with us, we additionally learn information about your transaction details and history. When you make a purchase, book a flight, fly with us, or communicate with us, we may learn details about you such as: travel plans, disability or health information (such as may be required to provide accommodations or to provide assistance in case of a health incident during a flight), emergency contacts, dietary restrictions, weight information, gender and date of birth, age or age-range, redress number, travel preferences, purchase information, and other information relating to your travel. Similar information about you may be provided when others book a flight on your behalf.
We may additionally gather information required to verify your identify, conduct a background check, or comply with government-mandated security requirements. This information may include your social security number, country of origin, passport, driver’s license, known traveler number, or other government-issued identification.
- Information Relating to Your Requests
We gather information you provide when you contact us, if you respond to or click on links in messages we send you, or if you review or comment on our products or services. Details of how you can opt-out of receiving promotional communications from us are detailed in the section headed “Your Choices” below. If you choose to participate in activities such as contests, sweepstakes, questionnaires, surveys, or product reviews, Surf Air will collect the personal information that you provide. If you win a contest, sweepstakes or similar offering, you may be asked to provide a tax identification number or social security number.
- Social Media Information
Our Site may embed plugs-ins, widgets or other apps of various social media platforms, such as Facebook, Twitter, LinkedIn, Pinterest, Instagram, and YouTube. An example of such a plug-in is Facebook’s “Like” button. By including these plug-ins, widgets, or other apps on our Site, your internet browser may make a direct connection to the social media platform’s service and may share with the social media platforms information such as that you have visited our Site.
Surf Air may have a presence on social media platforms such as Facebook, Twitter, and LinkedIn. Your participation with the services provided on social media platforms is voluntary. If you have an account with these or other third party social media platforms, we may receive additional information from that platform about you, such as your user name, stated location, date of birth, profile information, and interactions you have had on that third party social media platform. The personal information we may have access to vary by social media platform and may be controlled by privacy settings on that platform and your choices.
- Information From Other Sources
We may obtain information about you from partners and other third parties. This information may include information about your use of this Site or our services (including travel details provided from a third party, such as another carrier, or a car service or hotel), your use of other websites, your interests and preferences and other information about you or your household. We may combine the information we obtain from third parties with information that we have collected about you. We may receive information from government regulators, or from third parties we use to conduct background checks.
- Mobile Information
We may collect additional information from you if you access our Site through a mobile device (e.g. your unique device identifier, device’s operating system, mobile carrier, location or GPS/geo-location). We may collect information necessary to send you push notifications, SMS text or other mobile messaging.
- Technical Usage Information
When you visit our Site, we collect usage information sent to us by your computer, mobile, or other access device that tells us how you are using the Site (“usage information”).We use tracking technologies (including cookies (including cookies stored in HTML-5), web beacons/GIFs, embedded scripts, e-tags/cache browsers) to collect usage information.
We may also collect password information from you when you log in, as well as computer and/or connection information. During some visits we may use software tools to measure and collect session information, including page response times, download errors, time spent on certain pages and page interaction information. To learn more about how we use tracking technologies and cookies, see our Cookies and Tracking Technologies Policy available on the Site.
- Geolocation Information
When you visit the Site, we may collect information about your specific location (such as GPS or similar precise location information).
- Uses and Retention
We and others acting on our behalf may use the information we gather to operate our business, including managing our Sites, and for other purposes as allowed by law.
- Operate Our Business and Site
We may use the information collected to (i) operate our Site and services, including providing flights or other transportation services; (ii) provide services, support and assistance that you request, or attempt to resolve complaints; (iii) personalize your experience by providing content on the Site, including targeted messaging or advertising that we believe may be of interest to you; (iv) improve the Site or our services, including developing new products or services; (v) provide you access to your account, and otherwise operate our business.
- Analyze and Aggregate Information
We use the information we collect to analyze the use of our Site and services, and to help us understand user behavior better. In addition, we may aggregate information about our users and prepare aggregated reports. In addition to analyzing Site usage information, we may analyze ad conversion events, or click-thru information related to emails or messages.
- Advertising and Promotions
We may use the information we gather to offer, provide, or personalize products and services from us and third parties, and for other promotional purposes. For example, we may customize content, advertising, promotions and incentives to reflect your preferences, interests, or prior interactions with us and others. From time to time, we may operate sweepstakes and other special promotions, or offer special rewards or other incentive programs. We may also send you offers on behalf of selected affiliates.
- Other Communications
We may use your information to contact you through telephone, text, push notification, email, direct mail, or via other means as permitted by law.
- Prevent Fraud and Meet Legal Requirements
We may use and share the information we gather to protect and enforce our rights and those of our partners, affiliates, customers and members of the public, including preventing fraud, theft, and injury to you, us or others. We may use and share the information we gather to comply with legal requirements, legal process, and legal advice, and as required by government regulators.
- Storage and Retention
Information collected on the Site may be shared in the following ways:
- Corporate Affiliates
We may share the information we collect about you with the Surf Air corporate family, including Surf Air and our affiliates and subsidiaries. The information may be disclosed to: (i) provide joint content and our services (e.g., registration, transactions, analytics and customer support); (ii) help detect and prevent potentially illegal acts, violations of our policies, fraud and/or data security breaches; and (iii) develop new services and otherwise guide decisions about our, Surf Air or a third-party’s products, sites, applications, services, tools and communications.
Members of our corporate family may use this information to send you marketing communications. You will have the opportunity to opt-out of marketing email communications.
- Service Providers and Other Third-Parties
We may share information with third party service providers who help us operate our business or provide services to us or on our behalf, including other airlines or third party charter operators. We may also share information with third parties to help us promote our products and services, or to help us customize advertisements, offers, or other communications to you. We may share information with companies in the mobile app industry (such as carriers, operating system and platform developers, and app stores). On occasion, our business partners may offer you additional products or services that may be of interest to you.
If you purchase or use our products or services through a program sponsored by a third party, or if you make book flights through a corporate account, we may share your information with that third party, such as an employer or other group.
- Other Persons or Entities with Your Consent
We may share information with third parties if you consent. For example, if you book a flight and include guests on your booking, we may share the flight information with those guests.
- Legal and Law Enforcement
We may share information with our regulators, law enforcement, governmental agencies, or other authorized third-parties as required by law, in response to requests relating to a criminal investigation or alleged illegal activity, or to prevent fraud or injury to you, us, or others. These disclosures may include disclosures to perform charge verifications or to report or collect debts. We may share your information with third parties in response to a subpoena, other legal process or advice, and/or as permitted by law.
Security regulations related to air travel may require us to share information about your identity, travel plans, travel history, and other information with regulators, law enforcement, and security personnel in the U.S. or other countries.
- Business Transfers
We may share information we have gathered in connection with the sale or merger of all or a part of our business or the transfer of assets.
- Ad Networks
We may share information with analytics companies and advertising networks, including those that provide Data Technologies on our site. On the Site, we may work with third-parties to serve advertisements, provide us with data collection, reporting, ad response measurement, site analytics, assist with delivery of relevant marketing messages and advertisements.
These third-parties may view, edit or set their own tracking technologies/cookies. The use of these technologies by these third-parties is subject to their own privacy policies and is not covered by this Notice. They might also obtain information about other applications that you have downloaded to your mobile device, the mobile websites you visit and other information about you or your device in order to analyze and serve targeted advertising on the Site and elsewhere.
- Your Choices
You may limit and control the information provided to us in a number of ways. You may not be able to use all features of our Sites if you limit the information you share with us.
You may unsubscribe from promotional emails from us by following the unsubscribe link included in each such email. You may not opt-out of administrative emails (for example, emails about your purchases or other transactions with us) for your registered account. You can opt out of text messages from us by replying to a text from us with “STOP.”
You should consult your mobile device’s settings or contact your carrier for more information about understanding and exercising these options. However, depending on the technical manner in which your carrier or device implements those options, those options may not effectively limit advertising or other tracking, or change how your device is identified by Surf Air.
You may opt-out of all continuing collection of information from our mobile app by uninstalling that application from your mobile device. However, this will not restrict information collected from our website if you access our website from your mobile device.
You may be able to prevent social media platforms from sharing information with us by not using such platforms or by modifying your privacy settings on such platforms. You should review the privacy and other policies of such platforms to understand how they may share your information with us, and how you can limit that use.
For more information about certain third-party advertising networks who may operate on our Site and your ability to opt-out of certain targeted advertising, please visit http://www.networkadvertising.org/choices/. Opt-outs may not apply to all advertising or all kinds of promotional messaging. Opting out may not prevent the collection of usage data for certain purposes (e.g., research, analytics and internal online services operation purposes).
- Accessing, Reviewing, and Changing Your Personal Information
Registered members can review and change personal information at any time by accessing their accounts on the Site. You should promptly update your personal information if it changes or becomes inaccurate.
- Notice to California Residents
As required under California law, residents of the State of California may request a list of all third-parties to which our Site has disclosed certain personal information (as defined by California law) during the preceding year for those third-parties’ direct marketing purposes.
If you are a California resident and want such a list, please contact us at email@example.com, or at:
Surf Air Inc.
1408 Third Street Promenade Suite 300
Santa Monica, California 90401
For all requests, you must put the statement “Your California Privacy Rights” in the body of your request, as well as your name, street address, city, state, and zip code. In the body of your request, please provide enough information for us to determine if this applies to you. You need to attest to the fact that you are a California resident and provide a current California address for our response. Please note that we will not accept requests via the telephone, mail, or by facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information.
As of the Effective Date listed above, there is no commonly accepted response for Do Not Track signals initiated by browsers. Therefore, we do not respond to such signals or to other mechanisms that provide the ability to exercise choice regarding the collection of personally identifiable information regarding your online activities over time and across third party websites or online services.
We use administrative, technical, and physical security designed to safeguard personal information in our possession, but we cannot guarantee the security of the information that we collect and store. If you believe that information about you has been subject to unauthorized disclosure, please let us know by emailing firstname.lastname@example.org. It is your responsibility to make sure that your personal information is accurate and that your password(s) and account registration information are secure and not shared with third-parties.
- Children’s Privacy
Surf Air does not knowingly collect personally identifiable information online directly from children under the age of 13. However, due to the nature of our services, Surf Air may collect information – including personal information – about children under the age of 13 (from a parent or legal guardian), such as that required to make travel arrangements, or as otherwise necessary for Surf Air to provide its products, services, or support.
If you learn that your child has provided us with personal information online without your knowledge, you may contact us via the contact information indicated elsewhere in this Policy and request that we delete this information from our records.
- Notification Regarding Updates
From time to time, we may update this Policy. When we make material changes to this Notice, we will update this web page and change the Effective Date listed above. You agree that we may notify you about material changes in the way we treat personal information by placing a notice on the Site. You should check the Site frequently for updates.
Conditions of Carriage
Surf Air Europe Limited
1.1. These Conditions of Carriage, govern all bookings you make with Surf Air Europe. Please read them and the IMPORTANT NOTICE TO PASSENGERS before applying to become a Member or accepting a booking to fly with us as a Guest, and note that they apply every time you make a reservation or a reservation is made on your behalf for you to fly on any of our flights. You will be asked to confirm you have read and accepted these Conditions of Carriage (which include the Important Notice to Passengers) before you are accepted for Membership.
1.2. In these Conditions of Carriage:
1.2.1. we, our and us mean Surf Air Europe.
1.2.2. you and your mean any Member booked, and any Guest booked by a Member, to travel as a passenger pursuant to a booking.
1.2.3. booking means a booking made for a Surf Air Europe flight and which is confirmed by us in accordance with the Membership Agreement.
1.2.4. Flight Pass and, when applicable, Destination Flight Pass and Surf Anywhere Flight Pass means the right accorded to a Member pursuant to the Membership Agreement to make a one-way booking on a Surf Air flight.
1.2.5. Guest means any person on whose behalf a Member makes a booking as a Guest in accordance with the Membership Agreement.
1.2.6. Guest Pass means a Flight Pass made available by us entitling a Member to book a Guest or that Member to travel as a passenger on a Surf Air flight.
1.2.7. Member means any person entitled to make a booking in accordance with the Membership Agreement and includes any Individual Member, any Listed Member and any Destination Member as defined therein.
1.2.8. Membership Agreement means the Surf Air Membership Agreement.
1.2.9. Membership Fee means the fee paid to us for membership in accordance with the Membership Agreement.
1.2.10. Titles and subheadings are inserted only as a matter of convenience and for reference. Such titles in no way define, limit, or describe the scope or extent of any provisions of these Conditions of Carriage.
1.2.11. References to any statute or any statutory provision shall be construed as a reference to such statute or statutory provision under English law, unless expressly provided otherwise, and as amended, replaced, extended or re-enacted.
1.2.12. Further terms and expressions used in these Conditions of Carriage are defined in clause 3 below.
1.3. Your contract
1.3.1. For each flight with us your contract of carriage is with Surf Air Europe Limited trading as Surf Air Europe. Accordingly, Surf Air and Surf Air Europe refer to Surf Air Europe Limited, a company incorporated and registered in England with company number 10016351 whose registered office is at 14-18 City Road, Cardiff, CF 24 3DL.
1.3.2. Surf Air’s address for correspondence is as set out at the end of these Conditions of Carriage.
1.4. Air carrier operating our flights
1.4.1. Surf Air flights are operated on its behalf by Flairjet Ltd (“FlairJet”) which is licensed and insured as an air carrier in accordance with European Union law.
1.4.2. Subject to clauses 1.4.3 and 1.4.5, FlairJet will be the operating air carrier for all Surf Air flights. FlairJet’s address is set out at the end of these Conditions of Carriage.
1.4.3. We may use other air carriers in accordance with these Conditions of Carriage.
1.4.4. We will always advise you upon booking of the identity of the operating air carrier.
1.4.5. Where we change the operating air carrier after booking, we shall inform you of the new operating air carrier as soon as possible, and in any event on registration for your flight. In such circumstances, we shall try to ensure that you receive the same level of service and baggage allowance advertised for your flight but we cannot guarantee that this will always be possible.
1.4.6. The prefix used in our flight numbers does not indicate the identity of either the operating or contracting carrier.
We will try to provide the aircraft type specified in our timetable or specified to you at the time of booking. However, we cannot guarantee any particular aircraft. We reserve the right to substitute a different aircraft type.
3. Further definitions
3.1. baggage means your personal property accompanying you in connection with your trip. It includes both your checked baggage and any unchecked baggage;
3.2. baggage receipt means a receipt issued by us or on our behalf in respect of each item of checked baggage solely for identification of such checked baggage;
3.3. booking confirmation means the email confirmation you are given by us to confirm each booking which also constitutes the document of carriage for the purposes of the Convention;
3.4. checked baggage means baggage of which we take custody and for which a baggage receipt has been issued;
3.5. Convention means the Montreal Convention 1999, including as implemented by EU Regulation (EC) No. 2027/97 as amended by Regulation (EC) No. 889/2002, and the Carriage by Air Acts (Applicable Provisions) Order 2004 or by any other applicable law;
3.6. Damage includes death or bodily injury to a passenger and destruction, loss, partial loss, theft or other damage to baggage of whatsoever nature arising out of or in connection with carriage or other related incidental services performed by us;
3.7. EC Regulation 261/2004 means Regulation (EC) 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flight;
3.8. days means calendar days, including all seven days of the week; provided that, for the purpose of notification, the day upon which notice is dispatched shall not be counted;
3.9. flight means a single flight from one airport to another airport;
3.10. passenger means any person, except members of crew, carried or to be carried in an aircraft with our consent (see also definition for you and your);
3.11. Special Drawing Right is a unit of currency which the International Monetary Fund fixes from time to time as having a Sterling or other currency equivalent;
3.12. SDR means a Special Drawing Right;
3.13. Conditions of Carriage means these Conditions of Carriage governing your booking;
3.14. unchecked baggage includes all personal items taken on board by a passenger other than checked baggage;
3.15. website means the internet site www.surfair.com provided by us for the purpose of Members making bookings.
4. Reservation Requirements
A booking is confirmed by the issuing by us of a booking confirmation. It is not necessary for you to reconfirm a flight for which there is a booking confirmation. You may be required to show this on arrival for your flight. We reserve the right to refuse boarding to any passengers unable to present their booking confirmations as sent to them.
5.1. All Membership Fees and charges for Flight Passes and Guest Passes must be paid in full before we will send you a booking confirmation.
5.2. Up to 30 minutes before the scheduled departure time you may change the time or date of your flight. This can be done online or by calling us on +44 (0) 7585 709140.
5.3. In the event of a schedule change by us, we will endeavour to contact all passengers via the e-mail address or mobile phone number supplied at the point of booking. We cannot be held responsible for incorrect details supplied to us at the point of booking or your non-availability on the email or mobile phone number supplied.
5.4. Flight Passes and Guest Passes purchased in response to any occasional offer by us of flights in connection with sporting or other events (“Surf Anywhere Flights”) may be subject to variations in these Conditions of Carriage as set out in the terms of our offer.
6. Passenger/ Guest name changes
You may not change the passenger details on your booking.
7. Registration, boarding and missed flights.
7.1. You must present yourself for registration at the terminal at least 15 minutes before the scheduled time of departure of your flight. Boarding starts promptly 10 minutes prior to departure time. For the convenience of every Member we strive to depart on time, and so we cannot delay a flight waiting for Members or Guests to arrive under any circumstance and will not be liable to you. See also Article 8 below. For your safety, once the cabin door closes, there will be no opportunity to board any additional Members or Guests onto the flight. If you present yourself for registration but too late to board, you and any Guest may book on the next available flight to the same destination (if a seat is available): in the case of Destination Flight Passes such next flight must be within the period of validity of the relevant Destination Flight Pass. There will be no refund or other alternative use permitted in respect of any relevant Destination Flight Pass or Guest Pass. However, if your flight was fully booked you will lose the right to the use of a Flight Pass for a period of 14 days.
7.2. If you cancel your flight, you must do so at least 24 hours prior to the scheduled departure time otherwise, if your flight is fully booked when you cancel, you will lose the right to the use of a Flight Pass for a period of 14 days and there will be no refund or further use permitted in respect of any Destination Flight Pass or Guest Pass unless at the time of your cancellation the departure has been delayed by two hours or more. If you do not present yourself for registration and have not cancelled, and the flight is fully booked on departure, you will lose the right to the use of a Flight Pass for a period of 21 days and there will be no refund or alternative use permitted in respect of any Destination Flight Pass or Guest Pass.
7.3. Flight Passes or Guest Passes purchased in response to any occasional offer by us of flights in connection with sporting or other events (“Surf Anywhere Flights”) may be subject to variations in these Conditions of Carriage as set out in the terms of our offer.
7.4. If it is your first time traveling with us, the Club Host will take your photo and verify that we have all the correct contact information, especially mobile phone number and email, so we may guarantee prompt communication whenever necessary.
8. Presentation at airport
Passengers will only be regarded as accepted for travel once they have presented themselves and have been cleared through any security procedure on arrival at the departure airport.
9.1. We do not provide any particular seat in the aircraft and you agree to accept any seat that is available on your flight. We reserve the right to require you to change your seat at any time, even after boarding of the aircraft. This may be necessary for operational, safety or security reasons.
9.2. Because safety is our main priority, there are some seats adjacent to the emergency exits that are not suitable for all passengers. Passengers may only sit in one of these restricted seats at the discretion of our crew.
10. Onward Travel and Connecting Flights
10.1. We have no agreement or arrangement with any other airline or carrier for the onward carriage of passengers.
10.2. It is your responsibility to ensure you have allowed enough time to meet any onward flights. We will not be liable to you if you miss such an onward flight.
10.3. We strongly recommend you take out adequate travel insurance to cover for the cost of any missed onward travel or connecting flights.
11. Passports and Identification
11.1. Required documentation The documentary requirements for passengers on all our flights are a valid passport (including photo) or in some circumstances a valid EU national identity card (including a photo) which will be accepted provided it is supported by any other relevant documentation such as visas, where applicable. An expired passport or expired EU national identity card is not a valid form of identification on any flight. If you are not a national of an EU member state and will be travelling into the EU, it is your responsibility to ensure that your travel documents are valid for at least three (3) months from date of departure from the Schengen territory from which you departed.
11.2. Responsibility for compliance You are solely responsible for complying with all laws, regulations, orders, demands and requirements of any countries to be flown from and into. We shall not be liable in any way whatsoever to you in connection with obtaining necessary documents or complying with such laws, regulations, orders, demands or requirements or any instructions given to you by us, whether given orally or in writing or otherwise, or for any consequences resulting from your failure to obtain such documents or to comply with such laws, regulations, orders, demands, requirements or instructions. Despite the giving by us or the air carrier of information about you required to be given to destination airports in advance of your flight, it is your sole responsibility to ensure that you are eligible to enter any state or territory and the provision of this information by us or the air carrier to destination airports does not imply any acceptance by or eligibility for you to enter any country or territory.
11.3. Presentation of documentation You are responsible for obtaining, processing and having available for presentation as required all travel documents (including your booking confirmation) and all entry and exit, health, medical and other documents required by any applicable laws, regulations, orders, demands or requirements of the countries to be flown from and into. Subject to any applicable passenger rights pursuant to any international or domestic laws or regulations to the contrary, we reserve the right to refuse carriage to any passenger we reasonably consider has not complied with, or whose documents do not comply with, such applicable laws, regulations, orders, demands or requirements.
11.4. Fares, penalties and fines You agree to pay the applicable fare and/or penalties or fines whenever we or our air carrier, on the order of any government or immigration authority, are required to return you to your point of origin or elsewhere, owing to your inadmissibility into a country, whether or not it is a transit point or your final destination. In such circumstances we will not refund any part of your Membership Fee or any charges for any Flight Pass or Guest Pass paid for the relevant flight. Any such fare and/or penalties or fines incurred by us or our air carrier on your behalf may be recovered by us via deduction from the credit card, debit card or direct debit used to pay your Membership Fee or such charges.
11.5. Reimbursement of fines and penalties If we or our air carrier are required to pay or deposit any fine or penalty, or to incur any expenditure, because you have failed to comply with any applicable laws, regulations, orders, demands or other travel requirements of the countries to be flown from and into or to produce the required documents, you shall on demand reimburse to us in full any amount so paid or expenditure so incurred or to be paid. We may also recover such costs via deduction from the credit card, debit card or direct debit used to pay your Membership Fee or any charges for any Flight Pass or Guest Pass paid for the relevant flight.
12.1. Checked baggage is limited to 1 (one) piece of luggage with a maximum weight of 15 kg and with outside measurements no greater than 56cm x 45cm x 25cm. Odd-sized baggage or objects, such as skis, surfboards, and fishing rods cannot be accommodated. You must refer to your Membership Manager for information as to the carriage of all odd-sized or overweight items. Each item of baggage tendered to us for carriage as checked baggage must have affixed to it a current identification tag or label with the passenger’s name, address, and telephone number.
12.2. Owing to space restrictions you will be allowed to carry on board and keep with you only small portable items of unchecked baggage such as laptops, headphones, phones, books and other such items up to a maximum weight in total of 5 kg.
12.3. Occasionally baggage allowances may be different from those indicated here in the event of a change of aircraft.
13. Checked baggage
This baggage will be carried in the hold of the aircraft.
14. Baby Equipment
14.1. Baby equipment including buggies, cots, and car seats can be checked into the hold, or carried to the aircraft and loaded into the hold by ground staff, in each case as checked baggage. This is subject to space being available on the particular flight. You must contact your Membership Manager in advance of travel if you expect to bring such items on the flight.
14.2. In the event of damage to or loss of these items, our liability will be limited to 1,131 SDRs (approximately £1,000), pursuant to the Convention. Unless you can prove that the damage resulted from our or our agent’s act or omission, done with intent to cause damage or recklessly and with knowledge that damage would probably result, and upon proving that our agent was acting within the scope of its employment.
14.3. Due to the above limits, we strongly recommend you have suitable private insurance cover for such items.
14.4. Baby Equipment forms part of your total baggage allowance, with the exception of car seats and folding pushchairs which can be carried in addition to your total baggage allowance.
15. Musical instruments and sporting equipment
15.1. Owing to the value of such items, we recommend that you have suitable private insurance cover in force for such items. We will not be liable for any damage resulting from the inherent defect, quality or vice of such items.
15.2. The maximum weight for all baggage, including musical instruments and sporting equipment is 15 kg’s.
16. Golf equipment, skis and surfboards
Owing to the size of the aircraft operated we cannot carry golf equipment, skis or surfboards on a particular flight.
17. Lost or damaged baggage
17.1. If your baggage is damaged or lost during a flight, you must advise our representative at the airport immediately and complain to us in writing within seven (7) days. If your baggage is delayed, you must complain in writing within twenty-one (21) days from the date on which your baggage should have arrived.
17.2. In the event of loss, destruction, delay or damage to baggage our liability will be limited under the Convention to 1,131 SDRs (approximately £1,000). This limit will not apply if you can prove that the damage resulted from our or our agent’s act or omission, done with intent to cause damage or recklessly and with knowledge that damage would probably result, and upon proving that our agent was acting within the scope of its employment.
17.3. We will not be liable for delay to baggage if we and our servants and agents took all measures that could reasonably have been required to avoid the delay or it was impossible for us to do so.
17.4. We will not be responsible for any loss or damage to baggage resulting from the inherent defect, quality or vice of the baggage. We will only be liable for damage, destruction or loss of unchecked baggage if it resulted from our fault or that of our agents or servants.
17.5. You are advised to take out your own insurance to cover the value of your baggage and its contents.
17.6. In the course of normal handling your checked baggage may show signs of wear and tear. We accept no responsibility for the following:
(a) Cuts, scratches, dents and stains
(b) Items of a fragile or perishable nature
(c) Over packed bags
(d) Manufacturer’s defects
17.7. You should carry all medication in your unchecked baggage.
18. Prohibited Items
18.1. The following articles are not permitted in baggage: flammable liquids and solids such as lighter or heater fuels, paint, and matches. Poisons such as insecticides, weed killers, arsenic, and cyanide. Radioactive material, oxidising material, and organic peroxides such as bleaches and fibreglass repair kits. Firearms and explosives, handguns, automatic weapons, munitions, ammunitions including blank cartridges, pistol caps, fireworks, flares, smoke canisters, and crackers. Infectious substances such as bacteria and viruses. Corrosives such as mercury, acids, alkalis, and wet-cell batteries. Compressed gasses. Deeply refrigerated flammable, non-flammable, and poisonous gases such as butane, oxygen, propane, and aqualung cylinders.
18.2. If you have any questions regarding baggage, please check with us in advance of travel as the above list of dangerous articles is not exhaustive.
18.3. Please note that passengers are not allowed to carry “strike anywhere” matches or disposable lighters under any circumstances. This applies to both checked and unchecked baggage.
18.4. Freight or cargo items cannot be accepted as baggage. We do not carry wheelchairs, full-size prams, bicycles or engines.
19. Live animals
Live animals cannot be accepted for carriage in any circumstances and may not be taken on board our aircraft.
20. Passengers requiring special assistance
Our aircraft cannot accommodate disabled persons and persons with reduced mobility. You must be able to board our aircraft promptly and unaided and fasten and unfasten your seat belt unaided.
21. Babies and toddlers
Babies under two (2) weeks old cannot be carried on our flights. All other babies and infants may only be carried if a seat has been booked for them and must occupy that seat in a suitable child seat as required.
22. Unaccompanied minors and young persons
22.1. We only accept children for travel before their 8th birthday if they are travelling with an adult aged 16 years or older, who will take responsibility for the child. Children aged 8 and under 12 may travel with us as unaccompanied minors. They will be accompanied by a member of our staff, or our handling agents at all times while at the airport. They must be signed for on presentation at the airport and again upon collection at their destination. As we do not have cabin crew, the child will not be accompanied for the duration of the flight but the Captain will be aware that there is an unaccompanied minor on board. The child will be delivered to and collected from the aircraft by our ground staff.
22.2. While at the airport, young persons aged 12 or above but under 16 can also be accompanied by a member of our staff or handling agents if the parent or guardian requests it in writing beforehand, at least 48 hours prior to departure. There will be no requirement in this case for a signature at the arrivals airport and our responsibility will cease upon safe delivery of the young person to the arrivals hall.
22.3. Proof of age must be shown for young passengers between the age of 8 years and 16 years travelling alone.
22.4. If the designated carer is not present to meet the unaccompanied minor at the scheduled arrival time, we may have to levy a charge for the time that the child has to remain in our care. Please ensure you are at the airport in good time to meet unaccompanied minors. If the flight is unable to land at its destination airport or diverts for any reason, the unaccompanied minor will be returned to the original airport of departure.
22.5. We do not operate an indemnity policy and therefore under no circumstance, under the Child Protection Act, must another passenger be asked to accept responsibility during flight of an unaccompanied minor.
23. Expectant mothers
Expectant mothers may travel up to and including the 27th week of their pregnancy, and will be accepted between the 28th and 34th week if they are in possession of a doctor’s certificate confirming the stage of their pregnancy and that they are fit to fly.
24. Carriage of human remains
24.1. We do not accept human remains for carriage on any routes. The carriage of ashes is permitted provided a copy of the death certificate and the cremation certificate accompanies them. The passenger in possession of the ashes must ensure they are securely packaged in an appropriate container suitable to carried in the aircraft hold and should include them in their checked baggage. Our representatives at the airport must be informed.
25. Seat dimensions
25.1. In normal circumstances, our minimum seat dimensions are as follows:
[Pitch (distance between back of seat and back of seat in front): 27.5″ (approx. 70cm)
Width (distance between armrests): 17.7″ (approx. 45 cm)]
25.2. You must be able to fit comfortably and safely into a single seat with the above dimensions or we will not be able to carry you.
26. Fitness to fly
26.1. We may refuse to carry you if we consider that you may put the safety of the aircraft or the health or safety of any person in the aircraft in danger or at risk.
26.2. If you are suffering from a medical illness or condition that requires a certificate from your general practitioner or local doctor confirming fitness to fly, you may be refused carriage in the absence of such certificate.
26.3. Passengers suffering from an infectious disease will be refused carriage.
We do not accept stretchers for carriage on any flights.
28. Asthma sufferers
Asthma sufferers are able to carry inhalers and/or nebulisers provided that these do not contain oxygen cylinders. Passengers suffering from severe asthma or those who have recently been prescribed oral steroids will require certification confirming fitness to fly.
29. Cancellation, Delay and Denied Boarding
29.1. Where a cancellation or significant alteration is made by us to our schedule before the date of your departure, we will use all reasonable efforts to inform you of any such cancellation or alteration.
29.2. If we cancel a flight or delay a flight by two hours or more you will have the option to book on the next of our flights (or any flight in the future whilst your Membership remains valid) on which a seat is available to the same destination. In respect of a Guest Pass only, you can choose between reusing it for another flight to the same destination or a refund of the Guest Pass charge (and we will refund the person who purchased the Guest Pass). In the case of a Surf Anywhere Flight purchased for yourself or any Guest you can choose between reusing it for another Surf Anywhere Flight or a refund of the purchase price (and we will refund the person who paid the purchase price). We shall have no other liability to you. We may offer you (in substitution for any of the foregoing if you accept) a flight to your destination on the services of another carrier, but this will be at our absolute discretion and we shall have no obligation to do so.
29.3. If you are denied boarding or if your flight is cancelled or delayed for at least two hours, you may ask at the airport for the text stating your rights pursuant to EC Regulation 261/2004, particularly with regard to compensation and assistance.
29.4. In all cases where you are entitled to welfare and compensation pursuant to EC Regulation 261/2004, and we or the operating carrier provide such welfare and compensation, such welfare and compensation shall be in full and final settlement of such entitlement under EC Regulation 261/2004.
30. Background Security Checks
Surf Air reserves the right to require the completion of, and may at any time perform, a background check before providing carriage to its passengers. Passengers may be required to provide personal information in connection with this background check. Surf Air will protect the confidentiality of its passengers’ personal information as required by law. Background checks may be performed by a third party and in accordance with such third party’s policies and procedures.
31. Refusal of carriage
31.1. Refusal of carriage is not denied boarding.
31.2. We or our operators may refuse carriage to any person or offload him or her at any airport without refund of any part of the Membership Fee or of any charge made for a Guest Pass or any compensation if it is considered that:
(a) carrying him or her or his or her baggage might endanger the safety of the aircraft, its passengers or crew;
(b) he or she has not complied with a requirement for a background check (see Article 30 above) or should not be carried based on the results of such a background check;
(c) he or she has not complied with, or his or her documents do not comply with, applicable laws, regulations, orders, demands or requirements as provided for at Article 11;
(d) he or she is drunk or under the influence of alcohol or drugs;
(e) he or she is, or there is good reason to believe he or she is, in unlawful possession of drugs;
(f) his or her mental or physical state is a danger or risk to him or her, the aircraft or any other person on it;
(g) he or she has refused to allow a security check of himself or herself or of his or her baggage;
(h) he or she has disobeyed instructions relating to safety or security from the ground staff;
(i) he or she has persistently used threatening, abusive or insulting words to a member of our staff, to another of our passengers, to any member of airport staff or a ground handling agent;
(j) he or she has behaved in a threatening, abusive or insulting way towards a member of our staff to another of our passengers, to any member of airport staff or ground handling agent;
(k) he or she has made a bomb threat against us;
(l) he or she has committed a criminal offence at the airport or on boarding or on board the aircraft prior to take-off.
32. Conduct on board
32.1. Captain in command
In accordance with national and international laws the Captain is in command of the aircraft and every person on board must obey his or her lawful commands. All our Captains have authority to deal with passengers who misbehave, are disruptive, or otherwise cause problems by whatever means the Captains think fit. This may include forcible removal from the flight and handing over those persons to security personnel or police on the ground. If a passenger causes any damage whatsoever or his or her actions cause us or our operators to incur any costs (including those of a diversion of the aircraft, which may be substantial) he or she will be liable for the full amount of such costs.
32.2. Smoking and consumption of alcohol
We operate a policy of no smoking at any time on all aircraft. Passengers are also prohibited from consuming alcoholic beverages on our flights except such beverages provided on board by us.
Liability for death, injury or damage
Our liability to you and the liability of our operators to you for death, bodily injury and other damage (including damage to or loss of baggage) is determined and in some important respects limited by the Convention and by EU law. Please see also the Important Notice to Passengers below.
34. IMPORTANT NOTICE TO PASSENGERS
WARNING: The text of the notice below is required by European Union legislation but it is not a wholly accurate or complete description of the carrier’s liabilities. It cannot be used as a basis for claims for compensation or interpretation. In all cases the carrier will only be liable for claims for which legal liability is established. A “Community air carrier” means an air carrier with a valid operating licence granted in accordance with EU Regulation (EEC) No. 1008/2008.
When reading the notice please bear in mind the following: The notice is inaccurate in stating that for damages up to 113,100 SDRs the air carrier cannot contest claims for compensation. Under the Regulation and the Montreal Convention the position is as follows: for damages up to 113,100 SDRs in respect of death or bodily injury caused by an accident on board the aircraft or during embarking or disembarking, the carrier cannot exclude or limit its liability except where there is contributory negligence. Also the limit of the air carrier’s liability for baggage delays, destruction, loss or damage to baggage is 1,131 SDRs in total. The statement that if the name or code of an air carrier is indicated on the ticket, that carrier is the contracting carrier, does not apply in all cases.
34.1. Air carrier liability for passengers and their baggage. This information notice summarises the liability rules applied by Community air carriers as required by Community legislation and the Montreal Convention.
34.2. Compensation in the case of death or injury. There are no financial limits to the liability for passenger injury or death. For damages up to 113,100 SDRs (approximately £110,000) the air carrier cannot contest claims for compensation. Above that amount, the air carrier can defend itself against a claim by proving that it was not negligent or otherwise at fault.
34.3. Advance payments. If a passenger is killed or injured, the air carrier must make an advance payment, to cover immediate economic needs, within 15 days from the identification of the person entitled to compensation. In the event of death, this advance payment shall not be less than 16,000 SDRs (approximately £13,000).
34.4. Passenger delays. In case of passenger delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for passenger delay is limited to 4,694 SDRs (approximately £4,600).
34.5. Baggage delays. In case of baggage delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for baggage delay is limited to 1,131 SDRs (approximately £1,100).
34.6. Destruction, loss or damage to baggage. The air carrier is liable for destruction, loss or damage to baggage up to 1,131 SDRs (approximately £1,100). In the case of checked baggage, it is liable even if not at fault, unless the baggage was defective. In the case of unchecked baggage, the carrier is liable only if at fault.
34.7. Higher limits for baggage. A passenger can benefit from a higher liability limit by making a special declaration at the latest at check-in and by paying a supplementary fee.
34.8. Complaints on baggage. If the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to the air carrier as soon as possible. In the case of damage to checked baggage, the passenger must write and complain within seven days, and in the case of delay within 21 days, in both cases from the date on which the baggage was placed at the passenger’s disposal.
34.9. Liability of contracting and actual carriers. If the air carrier actually performing the flight is not the same as the contracting air carrier, the passenger has the right to address a complaint or to make a claim for damages against either. If the name or code of an air carrier is indicated on the ticket, that air carrier is the contracting air carrier.
34.10. Time limit for action. Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived.
34.11. Basis for the information. The basis for the rules described above is the Montreal Convention of 28 May 1999, which is implemented in the Community by Regulation (EC) No 2027/97 (as amended by Regulation (EC) No 889/2002) and national legislation of the Member States.
34.12. NOTE: A Community air carrier’s liability is as provided by the Montreal Convention of 1999 and the EU Regulation (EC) No.2027/97 as amended by No. 889/2002. For these purposes all Surf Air Europe operators are to be regarded as Community air carriers. The Montreal Convention may limit the liability of carriers in respect of death or injury and for destruction or loss of, or damage to, baggage, and for delay. For claims made in jurisdictions where these provisions are not in force, to the extent not in conflict with the special contractual terms adopted by a Community air carrier, the Warsaw Convention of 1929 (and any amendments to it that may be applicable) may apply and may limit the liability of carriers for death or personal injury and in respect of loss of or damage to baggage.
35. Choice of Law and Jurisdiction
Unless otherwise provided by the Convention or any applicable law, government regulations, orders or requirements:
(a) these Conditions of Carriage and any carriage which we agree to provide to you in respect of you and/or your baggage shall be governed by the laws of England and Wales; and
(b) any dispute between you and us concerning or arising out of such carriage in any way whatsoever shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
Business Aviation Centre, Terminal Road
Birmingham International Airport
Birmingham B26 3QN
Sur Air Europe Limited
31 St James’s Square
London SW1Y 4JJ
In addition to information that you provide to us directly, we may collect additional information about your interactions with our Sites, such as usage, viewing, and technical data including your browser information or IP address through various technologies.
- Log Data: When you visit our Sites, whether as a member, a guest or as a visitor just browsing, our servers automatically record information that your browser sends whenever you visit a website, called “log data.” This log data may include information such as your computer’s Internet Protocol (IP) address, browser type or the website from which you are visiting, pages of our Site that you visit, the time spent on those pages, information you search for, access times and dates, and other statistics.
- Web Analytics: We may use third party web analytics services such as Google Analytics on this Site or on social media platforms. The service providers that administer these services use technologies such as cookies, web server logs and web beacons to help us analyze how visitors use the Site. The information collected through these means (including IP address) is disclosed to these service providers, who use the information to evaluate use of the Site. We may also generate aggregate, non-identifying profiles from information provided during registration (such as the total number, but not the names, of members), as well as through online surveys and promotions with select advertisers. We may use this aggregated and non-identifying information to sell advertisements that appear on our Sites and Services.
- Other Technology: Surf Air engages third parties to track and analyze individual usage and volume statistical information from individuals who visit our Sites by recording clickstream behavior, including what information is displayed on the screen to the visitor, which pages visitors go to most often and whether visitors receive error messages from certain pages. This information is used to enhance the functionality and features of our Sites, and for troubleshooting purposes.
We may enhance or merge non-personally identifiable and/or personally identifiable information that you provide to us directly with information from other sources, including third parties, for the purposes described below. We may also collect publicly available information from affiliated and unaffiliated third parties. At this time, we do not honor “do not track” signals from website browsers. However, you may refuse or delete cookies. If you refuse or delete cookies, some of the functionality of our Site may be impaired. If you turn off cookies, web logs and other technologies will still detect visits to our Site, but the information they generate cannot be associated with other non-identifiable cookie information and are disregarded. Please refer to your browser Help instructions to learn more about how to manage cookies and the use of similar technologies.
Effective as of 13 June 2017
Surf Air Europe Limited
At Surf Air we try to make things as easy and straightforward as possible. The terms and conditions of your Membership are set out in this Membership Agreement, our Conditions of Carriage and the current Price List. When you apply to start your Surf Air Membership you must have read and accepted all of these terms and conditions of Membership, which will apply in respect of every flight booking you make. This applies to every category of Membership. Members and Guests must accept and comply with all Surf Air terms and conditions. These include our Conditions of Carriage which we reserve the right to revise or change from time to time. (See 10. below “Changes to our terms and conditions of Membership”).
For clarity, in this Membership Agreement, “we”, “us” and “our” refer to Surf Air Europe Limited.
- Types of Membership
a. Individual Membership: The Individual Membership is designed for one named individual to enjoy unlimited flying within Surf Air’s network of flights in Europe in accordance with your Membership category. If you hold Prime Membership you may enjoy unlimited flying anywhere within our network of flights in Europe, and if you hold Select Membership you may enjoy unlimited flying on the routes included within our Select route network as shown on the website. Select Members may also fly on other routes in our European network by paying a one-time upgrade fee for each flight. All prices are shown in our current Price List.
You cannot transfer your Membership or its benefits to other people. A basic Individual Membership comes with two network Flight Passes, each one allowing the Member to hold a single one-way booking. As soon as this booking has been flown another one-way booking can be made. Higher Membership Tier Levels are available for Members who need the flexibility of holding more bookings or want to upgrade from Select Membership to Prime Membership – please contact your Membership Manager for details. Guest Passes (see 5. below) may also be purchased for yourself to give you additional opportunities to fly with us on our programmed network. You may also purchase Surf Anywhere Flight Passes for yourself and your Guests for use on Surf Anywhere flights (see (d) below). Some seats on our Surf Anywhere flights may also be opened up, at our sole discretion, so you can use your network Flight Passes instead of purchasing a Surf Anywhere Flight Pass. An Individual Membership is paid as a subscription on the first day of each month at the level shown in our current Price List. You are very welcome to start your Membership on any day of the month, and we will pro-rate your first payment. The Surf Air Initiation Fee needs to be paid before your Membership can start – this is also shown in the current Price List. Once you are confirmed as a Member the Initiation Fee is non-refundable. We hope that you will keep your Membership for many years, but if things change and you want to leave then you must give us at least 90 days’ written notice. You and your Guests may not fly with us unless your Individual Membership is current. Any confirmed flights (including flights booked for Guests) for dates after your Individual Membership ceases will be cancelled. It is possible to pause your Membership – we call this “Dormancy” – by giving us 30 days’ written notice. In Dormancy your membership is inactive and you are not able to travel on Surf Air flights, nor can you buy Guest Passes (see section 5. below) for other people. During this time your monthly subscription is reduced to an administration fee (shown in our current Price List) and you can re-activate your full Membership immediately by contacting your Membership Manager.
b. Corporate Membership
- : If you are part of a group of at least 4 people then you can take a Corporate Membership together. This will be either Select or Prime Corporate Membership as in the case of Individual Membership (see 1 a. above). In this case each named person becomes a Listed Member and they pool their network Flight Passes – one each. Guest Passes (see 5. below) may also be purchased by Listed Members for their own use to give them additional opportunities to fly with us on our programmed network. You may also purchase Surf Anywhere Flight Passes for yourself and your Guests for use on Surf Anywhere flights (see (d) below). Some seats on our Surf Anywhere flights may also be opened up, at our sole discretion, so you can use your network Flight Passes instead of purchasing a Surf Anywhere Flight Pass. There is also an Initiation Fee for each Listed Member that needs to be paid at the start of their Membership and is non-refundable once their Membership is confirmed by us. The application for a Corporate Membership is made by a single Corporate Coordinator on behalf of each Listed Member who on acceptance by us then each becomes a party to this Membership Agreement. Listed Members can make bookings for themselves on the Surf Air App or their Corporate Coordinator can book on their behalf. The Corporate Coordinator can change any of the Listed Member names on one month’s notice. Furthermore, the Corporate Coordinator can add further Flight Passes and/or Listed Members (subject to payment of the appropriate Initiation Fee) at any time and prices for additions are shown in our current Price List. The number of Listed Members and/or Flight Passes may be reduced by giving us three months’ written notice of the change. Any Corporate Membership must always have at least as many pooled Flight Passes as Listed Members. Corporate Coordinators can contact their Membership Manager to request name changes, additions or reductions within a Corporate Membership. We hope that you will keep your Corporate Membership for many years, but if things change and you want to leave then you must give us at least 90 days’ written notice. Listed Members and their Guests may not fly with us unless your Membership is current. Any confirmed flights (including flights booked for Guests) for dates after your Corporate Membership ceases will be cancelled. It is possible to pause your Corporate Membership – we call this “Dormancy” – by giving us 30 days’ written notice. In Dormancy your Corporate Membership is inactive and no Listed Member is able to travel on Surf Air flights, nor can Guest Passes be purchased or used (see section 4. below). During this time, your monthly subscription is reduced to an administration fee (shown in our current Price List) and you can re-activate your full Corporate Membership immediately by contacting your Membership Manager.
c. Destination Membership:
- This enables an individual to purchase from time to time a bundle of Destination Flight Passes (priced as shown on our current Price List) for travel on a specified number of flights during a specified period. Once that period expires the Destination Flight Passes expire and further bundles must be purchased to book flights in subsequent periods. The Destination Member may purchase further bundles at any time. No credit will be given for unused Destination Flight Passes. The Destination Flight Passes may be used to book flights for Destination Members themselves or on behalf of Guests (see 5. below). Destination Members do not need to travel on the same flights as their Guests, but they must ensure that all Guests have read and accepted this Membership Agreement as it applies to them, including the Surf Air Conditions of Carriage. Guests must also pass the required Surf Air background checks which are described in paragraph 2. below. Please keep in mind that these may take up to 48 hours or more to process. There is no monthly subscription as is the case for Individual Membership, but a one-time Initiation Fee is payable (as shown in our Price List). Once you are confirmed as a Destination Member the Initiation Fee is non-refundable. Destination Memberships are not transferrable.
d. Surf Anywhere Membership:
- This enables individuals to purchase Flight Passes (as shown on our current Price List) for themselves and Guests for travel on flights that we offer coinciding with particular events, such as sporting events and music festivals. These flights will supplement, and often be to destinations outside, our programmed network of flights. Surf Anywhere Flights will operate subject to sufficient bookings being made (usually at least six seats) in the period up to 7 days before the scheduled departure date. As soon we have sufficient take up we will confirm the bookings. Also, Members committing to take up at least two seats may request that we operate a Surf Anywhere flight to a particular destination: any further seats will be offered to other Members, and as soon as we have a take up of six passengers we will plan the flight, subject to aircraft availability and other operational considerations, and we will confirm the bookings. You may not cancel bookings made for Surf Anywhere Flights once they are confirmed by us and there will be no refund. However, if you ask to cancel earlier than 7 days before the flight and there is another Member who wishes to take up your seat (we may operate a waiting list for popular flights) you may use your Flight Pass on a future Surf Anywhere Flight. If we cannot confirm a Surf Anywhere Flight (this will not constitute a flight cancellation as at this point we will not have confirmed bookings) owing to insufficient demand we will notify you at least 7 days in advance of the flight and refund payment for your Flight Passes. Surf Anywhere flights will be subject to our Conditions of Carriage and cancellations by us (subsequent to bookings having been confirmed by us) will be subject to these. Other Members will be permitted to purchase Flight Passes for Surf Anywhere Flights and a limited number of seats may be open for them to use their network Flight Passes. There is no monthly subscription as is the case for Individual Membership, but an Annual Membership Fee is payable (as shown in our Price List). Once you are confirmed as a Surf Anywhere Member the Annual Fee is non-refundable. Surf Anywhere Memberships are not transferrable.
- Background Check
When it is time to enroll you as a new Member we require you to participate in a background check on yourself and any proposed Listed Member which will be completed by a third party. You will be asked for some personal details and requested to upload a scan of a valid ID. The verification of this check may take up to 48 hours. The information that you share will be kept confidential between the third party and Surf Air.
- Wait List
If your desired flight is not available, you may add yourself to the Wait List in case one of your fellow Members cancels. Adding yourself to a flight’s Wait List will require the use of a Flight Pass if you don’t already have an alternative flight confirmed. When a seat becomes available, you will be notified and automatically added to that flight. It’s important to note that adding yourself to a Waitlist for an alternative flight with the same origin and destination, and on the same date, will not require the use of an additional Flight Pass. If the Wait Listed flight becomes available, you will receive an email notification offering you 30-minutes from the time of receipt to confirm the switch and confirm your preferred flight. If you are unable to respond in the allotted 30-minutes, you will be moved to the back of the Wait List.
If you would rather not use one of your Flight Passes on a trip you are interested in, take advantage of our convenient “Tagging” feature. You may “tag” a flight in order to monitor its availability without requiring the use of a Flight Pass. You will be notified when a flight is full, when only one seat remains, or whenever one seat opens up. With tagging, you will have no responsibility to be on a given flight, since the feature is purely for monitoring activity. You may tag an unlimited number of flights, but if you wish to confirm a tagged flight, you will still need to book it or Wait List it.
- Guest Flights
We like to share the Surf Air experience and so we allow Members to buy Guest Flights for friends, family and colleagues on routes included in the Member’s category of Membership. Guest Flights are booked through Membership Management at the rates shown on our current Price List subject to availability. Members do not need to travel on the same flights as their Guest, but they must ensure that the Guest has read and accepted this Membership Agreement as it applies to them, including the Surf Air Conditions of Carriage. Guests must also pass the required Surf Air background checks which are described in paragraph 2. above. Please keep in mind that these may take up to 48 hours or more to process. To keep tabs on your available Guest Passes, you are able to access them via the Member portal under the ‘Invite a Guest’ tab. You may also find your confirmed Guest Flights under the ‘Manage Flights’ tab. Guest Flights do not expire as long as the Individual Member or Corporate Member remains fully paid up. If an Individual Member or Corporate Member leaves Surf Air then any outstanding Guest Passes and Guest Flights will expire at that time.
- Booking cancellation and change policy
- a. Life is not always predictable, so we allow you to change or cancel flights at any time, but in certain circumstances late cancellation may mean you lose the use of a flight pass for 14 days and any Destination Flight Pass and Guest Pass may not be refunded. Please see Article 7 of our Conditions of Carriage for details. We may also from time to time offer flights for travel to sporting or other popular events (Surf Anywhere flights). If Members purchase Flight Passes for themselves and Guests for Surf Anywhere flights this will be subject to any special booking and cancellation conditions which will be stated in the terms of our offer.
- b. No-shows (failure to present yourself for registration at the airport without having cancelled) will result in the loss of a Flight Pass for 21 days and any Destination Flight Pass or Guest Pass will not be refunded, so please contact Member Management or the Club Host to cancel your booking if you will be unable to make your flight. Please see Article 7 of our Conditions of Carriage for details. Please let us know if there were extenuating circumstances and we will use our discretion to be flexible in applying these measures.
- Cancellation or Suspension by us
- a. There may come a time when we need to update your credit card or direct debit information to continue your Surf Air Membership. Not to worry, but if your subscription fee is declined you will receive an automated email notification and your Membership will be suspended until your method of payment is up-to-date. During the time your Membership is suspended, your confirmed flights will not be cancelled, but you will not be able to book new flights or fly until receipt of payment. If your method of payment is not updated and your subscription remains unpaid we reserve the right to cancel your Membership and any confirmed flights (including flights booked for Guests) will also be cancelled. We will give you written notice of this and require you to pay an amount equivalent to 90 days membership fee from the date of cancellation.
- b. We reserve the right to cancel your Membership immediately on written notice if we consider you have (or any Listed Member has) behaved in any of the ways set out in Article 31 or Article 32 of our Conditions of Carriage, whether or not this has resulted in you (or any Listed Member) being refused carriage, and to require you to pay an amount equivalent to 90 days’ Membership Fee from the date of cancellation. Any confirmed flights (including flights booked for Guests) will be cancelled.
A ‘Pre-Sale’ allows a prospective member to delay the activation of their Membership by placing a deposit with Surf Air. This guarantees the prospective Member the Membership rate that was offered at the time they place the deposit, and maintains this rate as long as set out in the Price List at that time. There are two kinds of Pre-Sale:
- a. Current Pre-Sale – Current Pre-Sale cities or routes already have their start dates announced but are not yet operating. In this case the activation date must be within 90 days of the deposit being paid. The deposit is non-refundable and is deducted from the joining fee when the Member activates their account.
- b. Future Pre-Sale – Future Pre-Sale cities or routes that have not yet had start dates announced although they may be operated in the future. Here the deposit guarantees the prospective member a Membership, should Surf Air start the route. These deposits are fully refundable up to the time when Surf Air confirms a start date for that route. If the prospective member does choose to activate their account, then the deposit is deducted from the joining fee.
We hope that you will be proud to be part of the Surf Air community and will tell you friends and colleagues all about us. For each new Member you refer to Surf Air, you will receive a complimentary round trip Guest Pass for the zone for which the new Member buys a Membership. To refer a potential Member, please email your Membership Manager with an introduction – this way you will always receive credit for the referral if they sign up.
- Changes to the terms and conditions of Membership
- a. We reserve the right to revise or amend our Conditions of Carriage from time to time but will give you as much advance notice as is reasonably practicable. A flight booking will always be subject to the Conditions of Carriage which apply when you make your booking.
- b. We reserve the right to make changes from time to time to the pricing of Flight Passes and Guest Passes, the current cost of which will be listed on our website and will apply at the time of purchase.
- c. If we change the amount of any Membership fee or Membership subscription or make any material change to the benefits or rights applicable to your type of Membership as described above, we will normally notify this to you at least 120 days in advance of the date of any such change taking effect (“the change date”). You may then, if you wish, give us the notice of cancellation of your Membership which applies to your type of Membership as stated in these terms and conditions. If we notify you less than 120 days in advance, then provided you give us written notice of cancellation before the change date (“additional right of cancellation”), your Membership will cease as from the change date. Otherwise your Membership and any flights you book will be subject to such changes as from the change date. You and your Guests may not fly with us unless your Individual Membership is current. Any confirmed flights (including flights booked for Guests) for dates after your Membership ceases will be cancelled.
- d. Your additional right to cancel as described in (c ) above will not apply where the changes we make (and whether or not we give you advance notice) are in our opinion required to ensure the safety or security of any flight or of any of our employees, crew, agents, passengers (or their baggage), any other person, or of any property, for operational reasons or to comply with the terms of any licence, law, regulation, government direction or insurance applicable to us or any operating air carrier.
- Governing Law and Jurisdiction
This Membership Agreement is governed by the laws of England and Wales, and if any dispute of any kind arises between you and us concerning or arising out of it the non-exclusive jurisdiction of the courts of England and Wales will apply.
Surf Airlines Inc.
1408 Third Street Promenade Suite 300
Santa Monica, California 90401
Email Address: email@example.com
Effective as of June 15, 2015