Surf Air Terms of Use

Effective Date: June 14, 2016

NOTICE OF ARBITRATION PROVISIONS:Your use of Our Site is subject to binding individual arbitration of any disputes which may arise, as provided in Section XV below.Please read the arbitration provisions carefully and do not use Our Site if you are unwilling to arbitrate any disputes you may have with us as provided below.

Welcome to www.surfair.com. The www.surfair.com website (the “Site”) is comprised of various web pages operated by Surf Air (“Surf Air,” “Our,” “Us” or “We”). www.surfair.com is offered to You (“You,” “Your” or “User”) conditioned on Your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Site constitutes Your agreement to all such Terms. Please read these Terms carefully, and keep a copy of them for Your reference. The purpose of this website is to provide information regarding services available through Surf Air memberships and allow Surf Air members to reserve flights and manage their reservations.

BY ACCESSING OR USING THE SITE, USER AGREES TO BE BOUND BY THESE TERMS, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND TERMINATION PROVISIONS BELOW. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE.

I) General

This Site provides information about Surf Air and its services. All services advertised on this Site are available for delivery only within the United States. Use of this Site is limited to legitimate purposes. Surf Air may, from time to time, introduce new features to this Site or modify or delete existing features in its sole discretion. Surf Air shall notify You of any of these changes to features to the extent Surf Air may be required to do so by law. By using any new or modified features when they become available, You agree to be bound by these Terms concerning such features.To the extent that an arbitrator or court of applicable jurisdiction determines that applying any changes to these Terms would render this an illusory or unenforceable contract, such changes shall be applicable on a prospective basis only, with respect to events or circumstances occurring after the date of such changes, to the extent necessary to avoid these Terms being deemed illusory or unenforceable.

Surf Air does not authorize the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of the information contained herein for commercial purposes. All prices for services offered by Surf Air on this Site are quoted in U.S. currency, are valid and effective only in the United States, and are subject to change at any time without notice.

SURF AIR, ALL-YOU-CAN-FLY, and AIR WITHOUT THE LINES are trademarks or registered trademarks of Surf Air in the United States and/or certain other countries.

II) Privacy

Your use of the Site is subject to Surf Air’s Privacy Policy (located at http://www.surfair.com/legal.html), which is incorporated herein by reference. Please review Our Privacy Policy, which also governs the Site and informs users of Our data collection practices.Our Privacy Policy’s terms and conditions will change from time to time, and as a condition of browsing this Site, or using any features, You agree that You will first review Our Privacy Policy.

III) Electronic Communications

Visiting the Site or sending emails to Surf Air constitutes electronic communications. You consent to receive electronic communications and You agree that all agreements, notices, disclosures and other communications that we provide to You electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

IV) Permitted Use of the Site and Your Account

Use of the Site

Our Site is for your personal and non-commercial use. Unless otherwise agreed to in writing by Surf Air, you agree that you will not use the Site, or duplicate, download, publish, modify or otherwise distribute or use any material on the Site for any purpose, except for your personal, non-commercial use. You also agree that you will not link to any page on the Site other than the home page (for example, “deep linking”), without Surf Air’s prior written consent. Use of the Site or other Service or any materials or content on the Site for any commercial or other unauthorized purpose is prohibited. Surf Air cannot and will not be liable for any loss or damage arising from User’s failure to comply with User’s obligations hereunder. Surf Air reserves the right to suspend or terminate any User’s use of this Site upon notice to User that it reasonably determines may have been used for an unauthorized purpose. Surf Air will not be liable for any damage, injury or other such loss that the User incurs by failing to comply with these Terms.

Your Account

If You establish a personal account with us, you agree to (1) provide true and accurate data about yourself on our account registration form, and to update and keep such data current. If You use this site, You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer and/or other device, and You agree to accept responsibility for all activities that occur under Your account or password. You may not assign or otherwise transfer Your account to any other person or entity. You acknowledge that Surf Air is not responsible for third party access to Your account that results from theft or misappropriation of Your account. Surf Air and its associates reserve the right to refuse or cancel Your service, terminate accounts, or remove or edit content in our sole discretion, without prior notice to You.

V) User Conduct

It is a condition of Your use of the Site that You do not:

A) Interfere with any other user from using and enjoying the Site;

B) Collect information about other users or third parties via the Site or use any such information for the purpose of transmitting or facilitating transmission of unauthorized or unsolicited advertising, junk or bulk e-mail, chain letters, or any other form of unauthorized solicitation;

C) Engage in the systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory, without Surf Air’s prior written consent;

D) Solicit other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in illegal schemes or plan or participate in scams involving other users; or

E) Attempt to gain unauthorized access to other computer systems or networks connected to the Site.

Additionally, you agree that you will not use the Site to upload, post, or otherwise distribute or facilitate distribution of any material that:

F) Is libelous, defamatory or slanderous;

G) Is sexually suggestive or contains explicit sexual content (including nudity);

H) Does or may denigrate or offend any individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

I) Does or may threaten, abuse, harass, or invade the privacy of any third party;

J) Is fraudulent or infringes the rights of any third party, including, without limitation, patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights;

K) Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

L) Contains a software virus or any other computer code that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment, or to damage or obtain unauthorized access to any data or other information of any third party;

M) Encourages conduct that would constitute a criminal offense or give rise to civil liability;

N) Impersonates any person or entity, including any employee or representative of Surf Air; or

O) Violates any applicable law or these Terms.

VI) Children’s Online Privacy Protection Act Notification

Surf Air is not designed or intended for use by persons under the age of 18.Surf Air does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If You are under 18, You may use the Site only with permission of a parent or guardian.

Pursuant to 47 U.S.C. Section 230(d) as amended, Surf Air hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Electronic Frontier Foundation Web site, http://www.eff.org. To view information on our policy regarding the privacy of children under the age of 13, please see our Privacy Policy.

VII) Monitoring

Surf Air may, but has no obligation to, monitor the use of the Site and Our services by Users. During monitoring, information may be examined, recorded, copied, and used for authorized purposes in accordance with the Surf Air Privacy Policy. Furthermore, Surf Air reserves the right at all times to disclose any information posted on any portion of the Site and Our services as necessary to satisfy any law, regulation or governmental request, or to refuse to post, or to remove, any information or materials, in whole or in part, that in Surf Air’s sole and absolute discretion are objectionable or in violation of these Terms.

VIII) Links to Third Party Sites/Services

The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Surf Air and Surf Air is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Surf Air is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by Surf Air of the site or any association with its operators.

Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.surfair.com domain, You hereby acknowledge and consent that Surf Air may share such information and data with any third party with whom Surf Air has a contractual relationship to provide the requested product, service or functionality on behalf of the Site’s users and customers.

IX) No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms. As a condition of Your use of the Site, You warrant to Surf Air that You will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

Unless otherwise noted, the trademarks, logos, photography, brand names and service marks used on this Site are owned by Surf Air or by third parties that have licensed their use to Surf Air. User may print copies of the content of this Site, provided that these copies are made only for internal use, and that any notices contained in any such content, such as all copyright notices, trademark legends, or other proprietary rights notices, are maintained. Other use of these marks or Site content, except as specifically permitted in these Terms or in a writing signed by an authorized employee of Surf Air, is strictly prohibited. Elements of this Site are protected by trade dress, trademark, unfair competition and other state and federal laws and, except as expressly permitted herein, may not be copied or imitated in whole or in part by any means, including, but not limited to, the use of framing or mirrors. User shall not store electronically any significant portion of this Site.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Surf Air content is not for resale. Your use of the Site does not entitle You to make any unauthorized use of any protected content, and in particular You will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for Your personal use, and will make no other use of the content without the express written permission of Surf Air and the copyright owner. You agree that You do not acquire any ownership rights in any protected content. We do not grant You any licenses, express or implied, to the intellectual property of Surf Air or our licensors except as expressly authorized by these Terms.

X) Third Party Accounts

You will be able to connect Your Surf Air account to third party accounts. By connecting Your Surf Air account to Your third party account, You acknowledge and agree that You are consenting to the continuous release of information about You to others (in accordance with Your privacy settings on those third party sites). If You do not want information about You to be shared in this manner, do not use this feature.

XI) International Users

The Service is controlled, operated and administered by Surf Air from our offices within the USA. If You access the Service from a location outside the USA, You are responsible for compliance with all local laws. You agree that You will not use the Surf Air Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

XII) Indemnification

You agree to indemnify, defend and hold harmless Surf Air, its officers, directors, employees, agents and third parties (the “Surf Air Parties”), for any damage, loss, cost or expense (including without limitation, legal fees and costs) incurred in connection with any third-party claim, demand, proceeding or action (“Claim”) brought against any of the Surf Air Parties relating to or arising out of Your use of or inability to use the Site or services, any user postings made by You, Your violation of any of these Terms or Your violation of any rights of a third party, or Your violation of any applicable laws, rules or regulations, including without limitation any trademark, copyright or other proprietary or privacy right. If you are obligated to indemnify any of the Surf Air Parties, Surf Air may, in its sole and absolute discretion, control the defense and disposition (including its possible settlement) of any Claim at your sole cost and expense. Without limitation of the foregoing, you will not settle, compromise or in any other manner dispose of any Claim without the written consent of Surf Air.

XIII) Disclaimer of Warranties

While Surf Air uses reasonable efforts to include up to date information on the Site, Surf Air makes no warranties or representations as to its accuracy, timeliness, reliability, completeness or otherwise. All information, software, products, and services included in or available through the Site are of a general nature only. The documents and related graphics may include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Surf Air and/or its suppliers may make improvements and/or changes to the Site at any time. We expressly disclaim any responsibility or liability for any adverse consequences or damages resulting from Your use of the Site or reliance on the information included in or available through the Site.

SURF AIR PROVIDES THE SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. SURF AIR, SURF AIR PARTIES, ITS AFFILIATES, AGENTS AND LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SURF AIR DOES NOT WARRANT THAT THE SITE OR OTHER SERVICE WILL (1) BE UNINTERRUPTED; (2) BE FREE FROM INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; (3) MEET YOUR REQUIREMENTS; OR (4) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. YOUR USE OF THE SITE IS SOLELY AT YOUR RISK.

XIV) Limitation of Liability

YOUR USE OF OUR SITE IS ENTIRELY AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SURF AIR, SURF AIR PARTIES AND/OR ITS SUPPLIERS BE LIABLE TO USER OR ANY OTHER ENTITY OR PERSON FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR ANY OTHER INTERNET WEBSITE, WITH THE DELAY OR INABILITY TO USE THE SITE, RELATED SERVICES OR ANY OTHER INTERNET WEBSITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SURF AIR OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, SURF AIR’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION.YOU UNDERSTAND AND AGREE THAT IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

XV) Dispute Resolution

In the event of a dispute under this Agreement, where such dispute has not been settled within ninety (90) days after written notice from either party to the other of the existence of the dispute, the parties agree that, at the request of either party, such dispute will be submitted for binding arbitration with the following conditions:

A) the proceeding will be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules, provided, however, that the arbitrator will be required to issue a statement of the reasons upon which his or her decision is based;

B) the proceeding will be held in Santa Monica, CA;

C) the arbitrator will decide the assignment of the costs of the arbitration based on allocation of fault;

D) the proceeding will be closed except to the parties, their attorneys, representatives, witnesses, and experts, all of whom must agree or have a duty to maintain the confidentiality of the dispute and its result, except as needed to implement the ruling; and

E) the decision of the arbitrator will be enforceable in any court of competent jurisdiction. The arbitrator will not be authorized to override any provision hereof, including, without limitation, any specified limitations of liability.

XVI) Termination/Access Restriction

In its sole and absolute discretion, with or without notice to you, Surf Air may cease to provide services to You through the Site or add or create new limits to our services at any time. Surf Air may suspend or terminate your use of and access to the Services, terminate your account and/or remove and discard anything transmitted by you, or information stored, sent, or received via the Services without prior notice and for any reason, including, but not limited to: (i) concurrent access of the Services with identical user identification, (ii) permitting another person or entity to use your user identification to access the Services, (iii) any unauthorized access or use of the Services, (iv) any violation of these Terms, or(v) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Services. You may terminate your account according to your Membership Plan details by contacting Member Care at membercare@surfair.com. Surf Air shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of the Services. Termination, suspension, or cancellation of the Services or your access rights shall not affect any right or relief to which Surf Air may be entitled, at law or in equity, and all rights granted to you will automatically terminate and immediately revert to Surf Air.

XVII) Force Majeure

Surf Air shall not be liable for any nonperformance or delay in performance caused by any act or event beyond its reasonable control, including, but not limited to, acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lockouts, fire, flood or any other act of God, any law, regulation, ordinance or other act or Order of any court, government or governmental agency, or delays, unavailability, errors or other failures of the Internet or other data networks.

XVIII) Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You.

XIX) Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship exists between You and Surf Air as a result of this agreement or use of the Site. Surf Air’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Surf Air’s right to comply with governmental, court and law enforcement requests or requirements relating to Your use of the Site or information provided to or gathered by Surf Air with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Surf Air with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Surf Air with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English. These Terms shall be governed by the laws of the State of California, without regard to its conflict of law rules. Any claims or litigation arising under these Terms will be brought by the parties solely in the Federal courts in the Central District of California or the State courts in Los Angeles County, California.

XX) Changes to Terms

Surf Air reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. Surf Air encourages You to periodically review the Terms to stay informed of our updates.

XXI) Contact Us

Surf Air
12111 S. Crenshaw Blvd.
Hawthorne, CA 90250

Email Address: memberservices@surfair.com
Telephone Number: (888) 704-2582

SURF AIR COOKIES AND TRACKING TECHNOLOGIES POLICY

Effective Date: June 14, 2016

We use a variety of technologies to help us better understand how you use www.surfair.com (the “Site”) and our services (collectively, “Surf Air”). You can find out more about these technologies and how to control them in the information below.This Cookies and Tracking Technologies Policy (the “Policy”) forms part of the Surf Air Privacy Notice (available at www.surfair.com/legal) and if some of the terms used in this Policy are not defined in this Policy, you may find the definitions in the Surf Air Privacy Notice.

NOTICE OF ARBITRATION PROVISIONS:Your use of the Site is subject to binding individual arbitration of any disputes which may arise, as provided in the Surf Air Terms of Use (located at www.surfair.com/legal).Please read the arbitration provisions carefully and do not use the Site if you are unwilling to arbitrate any disputes you may have with us as provided below.

1) Cookies and Tracking Technologies We Use

Like many companies, we use cookies and similar technologies on our Site (referred to together from this point forward as “Cookies”, unless otherwise noted). We may use Cookies for a variety of purposes and to enhance your online experience.

Tracking technologies have two different lifespans:

Persistent means it remembers certain information about your preferences for viewing the Site, and allows Surf Air to recognize you each time you return. Persistent cookies are stored on your browser cache or mobile device until you choose to delete them.

Session, on the other hand, is specific to a particular visit to the Site, to carry information as you view different pages on Surf Air so you don’t have to re-enter information. Session cookies expire and delete themselves automatically when you leave the Site or close your web browser.

Surf Air uses tracking technologies for a few general purposes:

Strictly necessary: Vital to ensuring that Surf Air works properly for visitors and members.

Performance: Help us understand how the Site is functioning so that we can improve our services.

Functionality: Retain your personal preferences as you use the Site to enhance your experience.

Marketing and Advertising: Gather data to help deliver advertising content relevant to your interests.

Our Site uses the following types of Cookies and tracking technologies:

Cookies: A “cookie” is a small data file that can be placed on your hard drive when you visit certain websites. We use cookies to collect, store, and sometimes track information for statistical purposes to operate and improve the products and services we provide and to manage our network and property. We also use cookies to save your personal settings and to provide customizable and personalized services. To measure site activity and provide a better user experience, we may allow our service providers or business partners to compile information from the Cookies, Web beacons or other technologies on our websites which may include information about your visit (such as demographic data, browser type, IP address, pages visited, activities conducted on the page and the day and time of your visit). We may also allow third party advertising and personalization partners to use this information to develop personalized content and appropriate advertising based on your visits over time on Surf Air web sites and non-Surf Air web sites.

Log Data: When you visit our Site, 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 our services.

Other Technology: Surf Air engages third parties to track and analyze individual usage and volume statistical information from individuals who visit our Site 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 Site, and for troubleshooting purposes.

We may contract with third-party advertising companies that collect IP addresses and other information through the use of cookies, web server logs and web beacons on our Sites and emails; on third-party websites and emails; and on our advertising placed on third-party websites. These companies may use information about your visits to the Sites and other websites in order to provide advertisements on other sites about goods and services that may be of interest to you (including for companies not affiliated with us). To learn more about these and other advertising networks and their opt-out instructions, click here.

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.

Your use of the Online Services indicates your consent to our use of Cookies. For further information about our use of Cookies and your opt-out choices, see the section entitled “Your Choices and Opting Out” below.

2) Do Not Track

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.

3) Your Choices and Opting Out

You can change your web browser’s settings to reflect your cookie preferences. Each browser is a little different, but usually these settings are under the “options” or “preferences” menu. The links below provide information about cookie settings for the browsers supported by Surf Air:

• Internet Explorer
• Firefox
• Chrome
• Safari

Please note that if you reject or block all cookies in your browser settings, you may not be able to take full advantage of Surf Air’s Site as some cookies are necessary for proper functioning of the Site.

Surf Air Membership Agreement

Membership Agreement Highlights
Membership Agreement 3/1/20

Membership Agreement Highlights ⬆️

• This summary is designed to help you understand some of the key changes and clarifications we’ve made to our Membership Agreement. We hope this serves as a useful guide, but please ensure you read the new Membership Agreement in full. This summary does not affect the interpretation of the Membership Agreement, which is the controlling document.
• The new Membership Agreement will take effect on March 1, 2020 and will apply to all pre-existing as well as all future memberships.
• Effective February 1, 2021, a member or guest who cancels with less than 24 hours’ prior notice but with at least 1 hour’s prior notice will be charged $250. Because our Tahoe flights are so highly in demand and we’ve often seen last minute cancelations with no time for wait-listed members to rearrange their travel plans, we will be implementing the below cancellation policy, effective December 1st, 2021. Cancelling your seat on a Truckee flight within 72 hours of departure will incur a $250 fee for Members and guests.
• If a member cancels with more than 1 hour of notice and reschedules to a flight on the same route on that same day, the member will not lose a reusable reservation or single-use flight pass nor will the passenger be required to pay a cancellation fee.
• If Surf cancels a flight with less than 7 days’ notice, Surf will provide compensation to an all-you-can-fly member by reimbursing the member for the cost of substitute means of transportation or an overnight stay or by providing the member with a single-use flight pass. The maximum amount Surf is obligated to reimburse a member for the cost of substitute transportation or accommodation is either $500 or $250, depending on whether the Surf flight is cancelled more or less than 48 hours before flight departure time.
• Surf is introducing a new animal policy. Under the policy, members will be required to pay an animal transport fee or, in the case of larger animals, purchase a single-use flight pass for their animal. A member who brings a service animal or emotional support animal on a Surf flight may be required to provide supporting documentation. At least two days prior notice is required to bring an animal on a Surf flight. Surf encourages all members with an emotional support animal or a service animal to submit current supporting documentation to Surf as soon as possible to avoid any flight scheduling delays in the future.
• Subject to limited exceptions, all purchased single-use flight passes will expire after one year and all complimentary single-use flight passes will expire after three months.
  Any single-use flight passes that were originally designated as non-expiring will terminate on April 30, 2020 unless an extension is requested by a Member and granted by Surf as described in Surf’s new legacy single-use flight pass policy, which is attached as an addendum to the Membership Agreement.
• To terminate a membership at the end of its term, a member must provide no less than 30 days’ prior written notice to Surf.
• In the case of dormancy, a member must provide no less than 30 days’ prior written notice to Surf. The minimum duration of a period of dormancy is 30 days.
• Except for pre-paid annual memberships, Surf memberships may be cancelled by a member without liability if Surf eliminates or reduces by more than 50% the number of flights on the Member’s primary flight route.
• Travel by passengers are always subject to applicable laws and regulations, including those established by the Department of Transportation (DOT), Federal Aviation Administration (FAA) and the Transportation Security Administration (TSA).
• Passengers are not permitted to fly with cannabis products, narcotics and other controlled substances that are illegal under federal law.
• Transportation of firearms or weapons may not be permitted.
• Surf Air does not own or operate any aircraft. Surf Air arranges travel and other services solely as a manager of the Surf Air membership program and as an agent of its membership. All flights arranged by Surf Air for its members are performed by independent, third party FAA-licensed and DOT-registered air carriers.

Effective Date: March 1, 2020 ⬆️

On the Effective Date and at all times afterwards, this Membership Agreement is and will be legally binding upon every person for whom Surf Air Inc. (“Surf”) provides flight arrangement or other travel-related services (each, a “Passenger”), including every person or entity who subscribes to a Surf membership (each, a “Member”). This Membership Agreement also applies to passengers on Rise, which is a wholly owned affiliate of Surf, and references to Surf and Passenger in this Membership Agreement are also deemed to refer to Rise and Rise passengers. From and after the Effective Date, this Membership Agreement applies to all Surf memberships (each, a “Membership”), including Memberships that were purchased before the Effective Date and that were previously subject to an earlier version of this agreement. For purposes of this Membership Agreement, the term “You” refers to all Passengers, including all Members. Some Passengers, such as guests of Members, are not Members themselves, but all Members are deemed Passengers under this Membership Agreement.

THIS MEMBERSHIP AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE. BY ENTERING THIS MEMBERSHIP AGREEMENT, YOU AGREE TO RESOLVE ANY DISPUTES BETWEEN YOU AND SURF IN A PRIVATE ARBITRATION AND WAIVE YOUR RIGHT TO BRING A LAWSUIT IN COURT. PLEASE CAREFULLY READ THE ARBITRATION PROVISON BELOW FOR MORE INFORMATION.

(I) General
Membership with, and travel arranged by, Surf and any other product or service provided by Surf to its Members and other Passengers are subject to the terms and conditions contained in (a) this Membership Agreement; (b) the contract of carriage and other applicable terms and conditions (the “Contract of Carriage”) for an Operator (as defined below) of the applicable flight; (c) the terms set forth in the applicable Member’s Membership application (the “Application“) or other written correspondence regarding the pricing and terms of Membership (“Membership Plan Terms”); and (d) such additional policies, rules, terms and conditions as are presented on Surf’s website or mobile device application and any ticket or ticket-less travel authorization (all of the foregoing and collectively, the “Agreement“). No agent, servant or representative of Surf, nor any Operator, has authority to change or waive any provision of the Agreement unless authorized in writing by an authorized corporate officer of Surf. Unless otherwise prohibited by law, the Agreement constitutes the entire agreement between Surf and its Members and Passengers.

The Membership and Flight Program (“Program”). Surf is a member-based travel arrangement service and arranges transportation for its Passengers. Surf only arranges air transportation with third party Federal Aviation Administration (FAA)- certificated air carriers (“Operators”), authorized to operate under Part 135 of the Federal Aviation Regulations (“FAR”; 14 C.F.R. Part 135). Surf is neither an operator of aircraft nor an air carrier, nor does it hold out, offer, sell or provide air transportation. Surf procures scheduled air transportation and other services, such as ground transportation, aircraft catering, airport parking, and other concierge-type services for its Passengers. Surf reserves the right to change, suspend or terminate any of the services or benefits it offers at any time, including changes, suspension or termination of any routes, types of aircraft used and/or Operators, and changes to (or imposition of new) fees or other charges for services or benefits. Surf may from time to time offer new routes and other services or benefits, all of which are subject to change, suspension or termination at any time and also are subject to additional fees or charges. Grandfathered membership programs (and the associated fee rates), if any, are subject to change per the terms of the Agreement and do not include access to new services or benefits that may be offered after the initial date of purchase of membership. If appropriate, Surf will provide Members with prior notice of any proposed changes to the Agreement. Any changes to the Agreement by Surf will be made in good faith in Surf’s reasonable business discretion. Surf is not liable for any Membership refunds or costs incurred by a Passenger resulting from any such modification or cancellation.

At its sole discretion, Surf may offer certain Members trial or other promotional Memberships with different features, which are subject to the terms of the Agreement, except as otherwise stated in the promotional offer. Promotional Membership is valid only for the period specified in the promotional offer. If no period is specified, Surf may terminate promotional Memberships at any time in its sole discretion.

As one of the benefits of the Program, Surf agrees to arrange transportation services for Passengers to be provided by Operators.

Surf may provide access to its software including applications, websites, electronic social/commerce, marketplaces, and integrated communication tools, which form part of the Program, and are designed to enhance the user-experience, communications, service optimization, functionality and logistics of the Program (“Software”). Passengers can access and utilize such Program and Software only as stipulated and limited under the Agreement.

All flights arranged under the Agreement are operated by an Operator, who shall have exclusive direction, control and authority over initiating, conducting or terminating flights. An Operator performing the flight will be subject to, among other restrictions, flight time and duty time restrictions and airport limitations that may preclude or limit operations to certain airports and other applicable regulations and requirements. An Operator shall have absolute discretion in all matters relating to the operation of the aircraft, including the preparation of the aircraft for flight and the flight itself, the timing of the flight, the load carried and its distribution, the decision whether or not a flight is to be performed, and the route to be flown. An Operator shall have final and complete authority to cancel any flight for any reason or condition that in its sole and absolute judgment could affect the safety of flight and may take any other action that, in its sole opinion, is necessitated by considerations of safety. No such action of an Operator shall create or support any liability for loss, injury, damage or delay to Passenger or any claim against Surf.

In addition, an Operator shall have the right to refuse boarding to any person: (a) who appears to be intoxicated or under the influence of any illicit or controlled substance or drug; (b) who refuses to be subject to any reasonable checks of his or her person or baggage by an Operator, or by government or airport authorities; (c) whose condition, including apparent illness or incapacity, in the sole judgment of an Operator would involve hazard or risk to himself, herself or others; (d) who fails to provide proper identification in compliance with applicable laws; or (e) who is conducting himself or herself in a manner inconsistent with, or otherwise in breach of, the terms of the Agreement. Please see the applicable Operator’s Contract of Carriage for additional terms and conditions imposed by the Operator for flights arranged under the Agreement by Surf.

Each Passenger authorizes Surf to arrange flights to be operated by an Operator and all such flights are subject to the Contract of Carriage.

(II) Membership Agreement Terms and Conditions

(A) Membership Benefits and Responsibilities

(1) Membership Benefits – Membership benefits are determined by the Membership plan (“Membership Plan”) you select as specified in the Application and as further set forth in the Membership Plan terms (“Membership Plan Terms”). You acknowledge receipt of your Membership Plan Terms. Please contact memberservices@surfair.com for your Membership Plan Terms or any inquiries related thereto. As applicable, an individual listed for Membership in the Application or designated by a Member thereafter is referred to in this Membership Agreement as a “Listed Member” and is entitled to the benefits for that respective Membership Plan. The foregoing includes Listed Members who are specified as authorized users under a group Membership Plan. Listed Members may also be referred to herein in as a Member or Members. The term of a Membership (“Membership Term”) commences on the date that a Member is permitted to become a Member (“Service Commencement Date”) and continues until cancelled or terminated as provided in the Agreement. Unless otherwise specified in the Agreement, the Membership Term is for a committed period of one (1) year. A Member does not have any right to the privileges or benefits of or related to Membership unless the Member’s Membership is active and in good standing, including being current on all Membership dues and fees. A Member will not have the right to enjoy any privileges associated in any way with Membership if the Member’s account is dormant or suspended.

Memberships are non-transferable. Membership privileges are only available to Members and cannot be lent, shared, transferred, assigned, leased, pledged or sold to or used by any third party, except as specified in this Membership Agreement. Members cannot lend their account to someone else to book flights or access the Program. Persons to whom Surf grants administrative rights to make reservations on behalf of a Member but who are not Members themselves do not have the right to enjoy any Membership benefits.

(2) Adding and Removing Listed Members – For certain Membership Plans, during the Membership Term, Surf may allow a Member to add additional Listed Members to the Membership as set forth in the Application and Membership Plan Terms. See Membership Plan Terms for details —such additions may not be applicable to all Membership Plans. Please contact memberservices@surfair.com for your Membership Plan Terms. Removal of an individual as a Listed Member requires thirty (30) days’ advance written notice to memberservices@surfair.com prior to any changes taking effect.

(3) Upgrades and Downgrades – For certain Membership Plans, during the Membership Term Surf may allow a Member to upgrade or downgrade their Membership Plan by changing their Reusable Reservation tier level as set forth in the Membership Plan Terms. Or, a Member may purchase or be awarded additional Member benefits or participate in other promotional programs offered by Surf from time to time, all of which shall be considered part of Member’s Membership Plan at the time of purchase or award. Please see Membership Plan Terms for details—upgrades and downgrades may not be applicable to all Membership Plans. Please contact memberservices@surfair.com for your Membership Plan Terms. All downgrades require thirty (30) days’ advance written notice to memberservices@surfair.com prior to any changes taking effect.

(4) Reservations/Flight Passes – A “Reusable Reservation” is a paperless ticket used to book each flight made available to Members by an Operator. Please see Membership Plan Terms for details—Reusable Reservations are not applicable to “A La Carte” or “Pay Per Flight” Memberships and may not be applicable to other Membership Plans. Please contact memberservices@surfair.com for your Membership Plan Terms.

(5) Cancellations and Changes – Passengers are permitted to change or cancel flights at any time, subject to the Agreement. Any notices regarding flight changes or cancellations must be emailed to memberservices@surfair.com.

(a) Subject to subsection (c) below, in the case of a Member who reserves a seat with a Reusable Reservation: (a) if the Member cancels with less than twenty-four (24) hours’ but at least one
(1) hour’s notice before the scheduled flight departure time, the Member will either, at the Member’s election (i) lose the use of a Reusable Reservation for twenty-one (21) days or (ii) incur a $500 charge against the Member’s Surf account; (b) if the Member cancels with less than one (1) hour’s notice, the Member will incur a $500 charge against the Member’s Surf account. Effective February 1, 2021, a Member using a Reusable Reservation who cancels with less than twenty-four (24) hours prior notice but with at least one (1) hour’s prior notice will be charged $250 against the Member’s Surf account: for purposes of clarification, no other flight policies are scheduled to change on that date.

(b) Subject to subsection (c) below, in the case of a seat reserved with a Single-Use Flight Pass (as defined below), if the Passenger cancels with less than 24 hours’ prior notice, the Passenger will forfeit the Single-Use Flight Pass and, if the Passenger has provided at least one (1) hour’s prior notice, the Passenger will have the option to purchase a replacement Single-Use Flight Pass for the same route as the forfeited Single-Use Flight Pass at a discount to the then-current price of the Single-Use Flight Pass. The replacement Single-Use Flight Pass will have the same expiration date and other limitations applicable to the forfeited Single-Use Flight Pass.

(c) A Passenger who provides notice of cancellation at least one (1) hour before his or her scheduled flight time may reschedule to another available flight on the same route on the same day, if any, without loss of a Reusable Reservation or Single-Use Flight Pass or payment of a fee, as applicable. Also, a Passenger who cancels a flight due to a change in the flight departure time by more than ninety (90) minutes will not lose a Reusable Reservation or Single-Use Flight Pass or pay a fee, as applicable.

(d) A Passenger who does not check in with the appropriate Surf personnel at the departure airport at least fifteen (15) minutes prior to the scheduled flight departure time is considered a “No-Show” and will be treated the same as a Passenger who cancels with less than one (1) hour’s prior notice, i.e., he or she will forfeit his or her Single-Use Flight Pass or pay a $500 fee, as applicable.

(e) An Operator will attempt to transport passengers and their baggage promptly and as scheduled. Flight schedules, however, may be subject to change without notice and the schedules and Reusable Reservations/Flight Passes are not guaranteed. Surf will use reasonable efforts to promptly notify all affected Passengers, using the contact information provided by each Passenger, of planned or unplanned schedule changes and cancellations, including those due to weather. At times, without prior notice to Passengers, an Operator may need to substitute other aircraft or arrange for an alternate Operator and may change, add, or omit intermediate or connecting stops. Surf cannot guarantee that Passengers will make connections to other Operator flights, or those of other air carriers.

(f) If a flight booked with a Reusable Reservation is cancelled by Surf or an Operator less than seven (7) days before the scheduled departure due to circumstances entirely within the control of Surf or an Operator (such as insufficient pilot staffing or maintenance), the Passenger shall be entitled to those remedies specified in this paragraph . The remedy provided by Surf depends on whether the flight was cancelled forty-eight (48) hours or less before the flight’s scheduled departure. Subject to the limitations set forth in this paragraph, Surf will provide, at the Member’s election, one of the three following remedies to the Member with the Reusable Reservation: (i) credit the Member’s Surf account for documented costs for a commercial flight or other substitute means of transportation taken by the Member due to the cancelled Surf flight; (ii) if the Member stays overnight and takes a flight the next day, Surf will credit the Member’s Surf account for the documented costs for a hotel stay, or (iii) Surf will provide the Member with a Single-Use Flight Pass. Surf will have no obligation to credit the Member for a commercial flight or other substitute means of transportation if there is a Surf flight available to the Member that is scheduled to arrive at the Member’s destination at the same time or before the scheduled arrival of the commercial flight or other substitute means of transportation. Also, a Member will not be eligible for an overnight hotel stay if the cancelled flight was scheduled to depart from an airport within thirty (30) miles of the Member’s residence. The maximum credit amount for a cancellation of a Reusable Reservation by Surf forty-eight (48) hours or less before departure is $500. If Surf provides the Member booking a flight with a Reusable Reservation with more than forty-eight (48) hours’ notice and less than seven (7) days’ notice of a flight cancellation, the maximum credit will be $250. Creditable travel expenses under this paragraph only include direct travel costs such as airfare and ground transportation and exclude indirect travel costs such as food and dry cleaning. Hotel costs only include the room charge and applicable taxes but exclude incidental expenditures such as tips and minibar charges. If the Member elects to receive a Single-Use Flight Pass, the pass will be for a one-way flight if the cancellation is more than forty-eight (48) hours and less than seven (7) days prior to the scheduled departure of the cancelled flight and the pass will be for a roundtrip flight if the cancellation is forty-eight (48) hours or less before the scheduled departure. The Member must present Surf with receipts or other reasonable evidence of payment to be eligible to receive a credit for alternate travel or hotel costs incurred by the Member.

(7) Check-in and “No Shows” – Passengers must check in with the appropriate Surf personnel located at the departure airport at least fifteen (15) minutes prior to the scheduled departure time or the Passenger will be considered a “No Show.”

(8) Responsibility for Listed Members and Guests; Responsibility for Damages – Members will ensure that their Listed Members (if applicable) and/or any guests that may accompany a Member through the use of a Single-Use Flight Pass (as defined below) (“Guest(s)”) comply with the Member’s obligations under the Agreement. Members will be responsible for any charges incurred by Listed Members and Guests, including Third Party Fees, as defined below. Member shall reimburse Surf for all costs and expenses incurred by Surf for such cleaning, repair or replacements as may be necessary as a result of spills, animals, extraordinary wear and tear, theft, waste, or excessive use of catering and minibar items, damage or misuse of an aircraft, FBO locations, or their contents caused by Member or their Guests. Neither the Member nor any Guests may be permitted to smoke, including but not limited to e-cigarettes, on any trips arranged hereunder. If Surf determines that a Member or Guest has been smoking on an aircraft, the cost of cleaning and additional fees may be assessed against the Member in Surf’s sole discretion. Any violation of this paragraph will be deemed a material breach of the Agreement and grounds for immediate termination of Membership. If a Member purchases a Single-Use Flight Pass for an unaccompanied minor, the Member or a guardian of the unaccompanied minor is responsible for complying with all check-in and boarding procedures for a flight to ensure that the unaccompanied minor is placed on the correct aircraft.

(9) Identification and Travel Documentation; Background Check – In accordance with the United States Transportation Security Administration (“TSA”) regulations and additional government regulations Passengers are required to comply with all TSA regulations, and will be required to present valid identification prior to departure for all flights. An Operator has the right to refuse boarding to any person without the required documentation or as a result of non-compliance with TSA or other government regulations without recourse or further obligation on behalf of an Operator or Surf.

(10) Conduct – Surf and/or Operator each reserve the right to refuse services to any Passenger in their sole discretion, and for any reason. If the conduct of a Passenger endangers the aircraft or any Passenger or property while on board, or a Passenger obstructs or hinders the crew in the performance of their duties, or fails to comply with any instruction of the crew, including those with respect to weapons or objects that can inflict harm to persons or property, smoking in any form, drugs, alcohol, or use of any threatening, abusive or insulting words towards the crew or any behavior which causes discomfort, inconvenience, damage or injury to the crew or other Passengers on the flight, Surf or Operator may take such measures as deemed necessary to prevent continuation of such conduct including restraint. Passengers may be disembarked and refused onward carriage at any point and may be prosecuted for offenses committed on board the aircraft. In addition, while waiting for travel or checking-in for flights at FBO or other airport facilities, Passengers are expected to conduct themselves in a manner that is respectful of Surf, Operator or on-ground staff, as well as other Passengers. If the conduct of a Passenger is in any way abusive, inappropriate, a violation of facility policies or the law, or threatens the safety of any person or property, Surf may take such measures as deemed necessary to prevent continuation of such conduct, including refusal of service or contacting law enforcement. If any Member is not acting in conformance with the proper rules of conduct or any community guidelines or other policies published by Surf from time-to-time, then Membership privileges may be revoked permanently in Surf’s sole discretion, without refund.

(11) Member Policies – Members shall at all times comply with all Surf terms, conditions, wait lists, Single-Use Flight Passes, baggage requirements, the Contract of Carriage, community guidelines and other policies, including procedures for the use of Reusable Reservations/Flight Passes. Surf may, in its good faith, and its reasonable business discretion, change these terms, conditions, policies, and procedures at any time. As appropriate, Surf will provide Members with prior notice of any such changes.

(12) Compliance with Laws and Regulations – Travel by Passengers shall at all times be subject to applicable laws and regulations, including regulations and guidelines established by the Department of Transportation (DOT), Federal Aviation Administration (FAA) and the Transportation Security Administration (“TSA”). Please note that Operator may have limitations regarding carry-on or checked luggage that are more restrictive than commercial airlines due to the size of the aircraft and capacity of the cargo hold. Transportation of firearms or weapons may not be permitted under applicable regulations and guidelines. Also, Surf forbids the transportation of cannabis products, narcotics and other controlled substances, regardless of whether certain substances may be considered legal in any states. If you have any questions regarding applicable restrictions, please contact memberservices@surfair.com.

(13) Animals. Surf may permit pets, service animals and emotional support animals on Surf flights subject to Surf’s then-current Animal Policy. For questions, contact memberservices@surfair.com.

(B) Single-Use Flight Passes

(1) Single-Use Flight Pass Benefits – Surf offers Single-Use Flight Passes available for purchase by Members subject to the terms of the Agreement. A “Single-Use Flight Pass” allows an individual to travel under the applicable Member’s Membership on a limited basis. Single-Use Flight Passes that are purchased in quantities greater than one (1) may allow the Member to book flights up to the quantity purchased. Any such Single-Use Flight Passes are subject to the terms and conditions of the Agreement, including the Contract of Carriage, and any other limitations or regulations published by Surf in conjunction with and applicable to Single-Use Flight Passes.

(2) Single-Use Flight Pass Restrictions – Any Single-Use Flight Passes purchased by a Member are non-refundable and expire:
(a) on the stated expiration date of the Single-Use Flight Pass; or

(b) if there is no stated expiration date on the Single-Use Flight pass: (i) one (1) year after the purchase date of the Single-Use Flight Pass, for passes purchased on or after the Effective Date; or (ii) one (1) year after the Effective Date, for passes purchased before the Effective Date.

Any Single-Use Flight Passes provided by Surf to a Member on any basis other than by sale and purchase are non-refundable and expire:
(a) on the stated expiration date of the Single-Use Flight Pass;

(b) if there is no stated expiration date on the Single-Use Flight Pass: (i) three (3) months after the issue date of the Single-Use Flight Pass, for passes issued on or after the Effective Date; or (ii) three (3) months after the Effective Date, for passes issued before the Effective Date.

Subject to approval by Surf Air and only in the event of extenuating circumstances, an expiration extension may be purchased for $50 per Single-Use Flight Reservation.

Any Single-Use Flight Passes that were provided by Surf to a Member on any basis other than by sale and purchase on or before December 31, 2019 and that were designated as non-expiring at the time of issue will expire on April 30, 2020. Any Single-Use Flight Passes purchased on or before December 31, 2019 and that were designated as non-expiring at the time of purchase will be subject to expiration in accordance with the Legacy Single-Use Flight Pass Policy set forth as an exhibit to this Membership Agreement.

A Single-Use Flight Pass will automatically terminate if the Membership of the Member holding the pass is terminated or cancelled for any reason. In addition, a Member will not be permitted to use a Single-Use Flight Pass while his or her Membership is in dormancy, suspended, or otherwise not active and in good standing. The expiration date for any Single-Use Flight Passes will not be extended due to the Member’s period of dormancy, suspension, inactivity or for any other reason.

(3) Surf Policies – The Single-Use Flight Pass of any Passenger refused passage or removed en route under the provisions of the Contract of Carriage will be forfeited. Surf and the Operator will refuse to honor any Reusable Reservation or Flight Pass when such action is reasonably deemed to be necessary to comply with applicable governmental regulations or requests.

(C) Presales
(1) Presales –Presales may be made by persons interested in a Membership by paying a deposit (“Deposit”) or purchasing a Membership in advance (“Advance Purchase”) and delaying the Service Commencement Date to a date set forth in the Application. Payment of a Deposit or Advance Purchase amount may also be referred to herein as a “Presale”. A Presale ensures priority access to Membership based on the date that the Presale amount is paid or deposited so long as the Membership is activated within the timeframe established by Surf at the time the Presale occurs, subject to the restrictions set forth in the Agreement or any terms of the Application.
Presales require the following information: Membership type, pricing series, desired city or route, and payment of a refundable Deposit or Advance Purchase amount. A Presale ensures a Membership if the desired city or route becomes available to Surf Members regardless of availability of Memberships on the date of the Presale; provided that, if the city or route is not made available within one (1) year of the date the Presale has been made and a launch date has not been announced by Surf, Surf may at any time after such one (1) year period and in its sole discretion: (1) refund the Deposit or Advance Purchase amount and cancel the Presale; or (2) extend the validity of the Presale for an additional period of time determined by Surf and notified to the prospective Member. The Deposit or Advance Purchase amount is also refundable to the prospective Member upon request at any time before the public launch of the desired city or route by contacting memberservices@surfair.com.

The Service Commencement Date for prospective Members that make an Advance Purchase will automatically be the date that the desired city or route set forth on the Application is available. For Presales that are made through the payment of a Deposit rather than an Advance Purchase, the Service Commencement Date must be within ninety (90) days from the date that the desired city or route becomes available to book by Surf Members, and the prospective Member shall notify Surf of the desired Service Commencement Date within that time period. Once a Service Commencement Date is set, the Deposit is automatically applied toward the Initiation Fee. If the prospective Member does not activate the Membership within the ninety (90) day period, Surf may in its sole discretion: (1) refund the Deposit and cancel the Presale; or (2) extend the validity of the Presale for an additional period of time determined by Surf and notified to the prospective Member.

Commencing on the Service Commencement Date, all other terms and conditions of the Agreement shall apply to Memberships purchased as Presales, including any terms applicable to changes in Membership Fees.

(2) Cancellation of Presales – In addition to any rights of cancellation set forth in the Agreement, Surf reserves the right to cancel Presales in its reasonable business discretion, and in such event will refund any prepaid Fees, Deposits or Advance Purchase amounts. Presales are not a guarantee that Surf will offer certain cities or routes as part of its Membership, and Surf reserves all rights in that regard.

(D) Other Third-Party Products and Services

(1) Other Third-Party Benefits – In addition to flights operated by an Operator, Surf may arrange other benefits provided by a third party (“Other Third-Parties”) to Passengers. Other Third-Parties include airport facilities, courtesy cars, car rental agencies, ground/air/water transportation providers (e.g., taxi, helicopter, ferry services), shipping or transportation services, caterers, and parking services. Surf assumes no liability for, and makes no guarantees or warranties regarding, these Other Third-Parties and benefits and such benefits may change or end at any time.

(2) Other Third-Party Fees – Surf may occasionally promote or offer for sale to Passengers goods or services provided by an Other Third-Party. All fees for Other Third-Party products or services purchased by a Passenger (“Other Third-Party Fees“) are the responsibility of the Passenger. No fees will be payable by Passengers to an Operator in connection with flights operated by an Operator for the benefit of Surf and its Passengers, and any fees payable to an Operator in connection with such flights shall be the sole responsibility of Surf.

(3) Third-Party Policies and Liability – Passengers are responsible for verifying and abiding by all Other Third-Party terms and conditions, rules and policies, and use of Other Third-Party services shall be deemed acceptance of any such terms, conditions, rules or policies. Other Third-Parties are neither agents nor employees of Surf or its affiliates. Surf and its affiliates are not liable for the acts, errors, omissions, representations, warranties, breaches, or negligence of any Other Third-Party or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom, including all liability for damage to a Passenger’s vehicle while transported to or parked in any parking area or otherwise in the care of any Other Third-Party.

(4) Parking and Ground/Air/Water Transportation – Surf does not assume responsibility for the parking of vehicles or the ground, air or water transportation of any Passengers or their baggage. Surf may, at its sole discretion, offer or promote parking or other transportation options in certain locations or in conjunction with certain bundled, packaged, or charter services. Passengers are responsible for charges associated with any such parking or other transportation that they chose to accept, and the terms of the Agreement for Other Third-Party service shall apply to parking or other transportation utilized by a Passenger. Surf assumes no responsibility, and all Passengers waive any claims against Surf, relating to or in connection with any parking or other transportation that may be offered in connection with Surf’s services.

(5) Third-Party Shipping of Baggage and Personal Property –Surf does not arrange for the transportation of unaccompanied items of personal property. Surf and Operator have absolute discretion to refuse to transport personal property unless a Passenger who is responsible for such personal property accompanies such property on a flight. If Surf permits the transport of unaccompanied items on a Surf-arranged flight in its sole and absolute discretion, Surf will have no liability for any loss or damage to such items. For Passengers desiring the transportation of baggage to a location separate from the destination, or baggage in excess of the weight limits for any flight, Surf may refer the Passenger to the services of a third-party baggage shipping service. Passenger is solely responsible for any third-party baggage shipping fees and Surf shall not be liable for the loss of or damage to such baggage transported by a third-party baggage shipping service.

(E) Membership Fees and Billing/Payment

The Membership Fees are an access fee for use of the Surf Membership, and not a payment for air transportation. Membership Fees are non-refundable, except as specifically provided in the Agreement, even if Member fails to utilize the Membership Program. Surf reserves the right to change the Membership Fees as specified in the applicable Member’s Membership Plan Terms and will notify the Member of such change at least thirty (30) days prior to such change taking effect. If Member has prepaid an Annual Membership Fee, any change in the Member’s Annual Membership Fee will take effect no earlier than upon conclusion of the then-current annual period covered by the prepaid fee.

(1) Billing and Payment – Surf will automatically bill the Passenger using the billing information provided by the Passenger to Surf for all amounts due, including the Initiation fee (“Initiation Fee”) and any other Membership Plan fees (“Membership Fees”), and any Third Party Fees (altogether, the “Fees”). Membership Fees are due to Surf on a schedule as set forth in the Membership Plan Terms. Membership Fees are typically due on a monthly or annual basis, depending upon the type of Membership. Applicable taxes may be invoiced separately, if deemed necessary in Surf’s sole discretion. Any payment of Fees that is not paid by its due date will accrue interest at 1.5% per month or the maximum rate permitted by applicable law, whichever is less, from the due date until paid. Please contact memberservices@surfair.com for your Membership Plan Terms.

All Fees are payable in US Dollars. Surf accepts multiple forms of payment for Fees, including major credit cards, ACH, or wire transfer. Surf may also, in its discretion, accept other legal currencies that are convertible into US Dollars, including cryptocurrency (i.e., bitcoin or ethereum). Surf reserves the right in its sole discretion and upon immediate notice revoke or revise methods of acceptable payment of Fees.

If Fees are paid via credit card, Passenger agrees to provide Surf a credit card and authorizes Surf to automatically charge the Fees to the credit card on file and, for Members, on the payment schedule applicable to the Member’s account. Members shall provide new or updated credit card information promptly following expiration of the credit card on file.

If Fees are paid via ACH or wire transfer transactions, Passenger agrees to provide necessary authorizations to allow for payment of Fees, including payment of Membership Fees per the applicable schedule under the Member’s Membership Plan.

If Fees are paid via cryptocurrency, the Passenger must maintain their own cryptocurrency wallet, and comply with any policies or rules established by Surf for payment by cryptocurrency. The security and privacy of Passenger’s cryptocurrency wallet shall be the sole responsibility of Passenger.

Payments processed through any of the above methods will always be subject to the terms and conditions of the respective payment processing agencies, and Passenger will abide by such terms and conditions. Surf has no responsibility for payments transmitted in error, or payments that fail to transmit due to an omission, by a Passenger or any third party, and Passenger shall remain responsible for any unpaid Fees that result from Passenger’s non-payment due to an error or omission by Passenger or any third party. Any fees, assessments or penalties payable by Passenger to any third party in connection with Passenger’s use of services by payment processing agencies and/or based on form of payment used by the Passenger shall be the sole responsibility of the Passenger, and Surf shall have no liability for any such fees, assessments or penalties. All transactions shall be in accordance with Surf policies set forth for such payment options. Please contact memberservices@surfair.com for any such policies.
(2) Suspension of Membership – Surf reserves the right to suspend or terminate (at Surf’s option) a Membership if payment of the Fees is not received within seven (7) days of its due date (“Membership Suspension”). Membership shall be suspended until such time that Member provides a valid payment method and all Fees due to Surf have been received, including all past due amounts and amounts for any periods of Membership Suspension.

(3) Dormancy – Dormancy status may be permitted for Members depending upon Membership Plan, but in no event may dormancy status be elected until a Member’s account has been active for at least three (3) months or, if longer, during any prepaid Membership periods of time. Please contact memberservices@surfair.com for your Membership Plan Terms. If permitted by your Membership Plan, by electing Dormancy status, in lieu of remitting Membership Fees, Member will be billed a “Dormancy Fee” (as further set forth in your Membership Plan Terms), for up to three (3) months per calendar year (“Dormancy Term”) to temporarily de-activate Membership. During a Dormancy Term, you will be unable to book or fly on flights operated by an Operator and arranged by Surf; however, your Membership Plan will be maintained and upon conclusion of the Dormancy Term, your Membership will automatically revert to your Membership Plan and you will be billed by Surf accordingly. All Dormancy requests require thirty (30) days advanced written notice tomemberservices@surfair.com. No Dormancy Term may be less than thirty (30) days in duration.

(F) Cancellation of Membership

(1) Cancellation of Membership by Member – Except as otherwise expressly provided in the Agreement, a Member may not cancel Membership during the Membership Term as specified in the Member’s Membership Plan Terms, and all Membership Fees payable in respect of the entire Membership Term are non-cancellable and non-refundable. After the initial Membership Term, unless otherwise stated in the Membership Plan Terms, the Member’s Membership will renew and the Membership Term will be extended as follows: (a) for Members who pay their Membership Fees monthly, on a month to month basis until cancelled by the Member; and (b) for Members who paid for an entire year of Membership in one payment, on an annual basis until cancelled by the Member. To cancel a Membership, the Member must provide no less than thirty (30) days written notice to Surf at memberservices@surfair.com prior to the desired cancellation date, or such longer period as may be specified in the Application or applicable Membership Plan Terms (“Cancellation Notice Requirement“). Cancellation is effective upon the conclusion of the notice period specified by the Cancellation Notice Requirement, but no earlier than expiration of the applicable commitment period (as further set forth in the Member’s Membership Plan Terms), and only upon acknowledgment by Surf of receipt of the cancellation notice. The Member will remain responsible for all amounts that come due prior to the effective date of the cancellation, as set forth above.

If (a) the Member is paying his or her Membership Fee on a monthly basis during the Membership Term; and (b) the Member has designated a “Primary Flight Route” in his or her Membership Plan Terms, then Member may cancel his Membership during the Membership Term if there is an Adverse Route Event (as defined below). An “Adverse Route Event” occurs if Surf reduces the number of weekly flights on the Member’s Primary Flight Route by more than 50%. No Adverse Route Event will have occurred if an airport that is part of a Primary Flight Route is substituted with another airport within twenty (20) miles. Upon the occurrence of an Adverse Route Event, if Member provides notice to Surf at memberservices@surfair.com within ninety (90) days of the announcement of such Adverse Route Event, the Member’s membership will be terminated on the later of: (a) the first day of the month within which the Adverse Route Event occurs and (b) thirty (30) days after notice of termination is provided. Member will not be responsible for any monthly Fees due on or after the date of the termination. Surf may change a Member’s Primary Flight Route if the Member flies another route more often than the route currently designated as the Primary Flight Route. Any change in Primary Flight Route may be retroactive to the first day of the month during which the new flight route became the route with the most flights by the Member.

(2) Cancellation or Suspension of Membership by Surf – Surf reserves the right to cancel or suspend the Membership of any Member immediately upon notice to the Member at Surf’s sole discretion and for any reason, including if Member breaches any terms or conditions of the Agreement or Surf’s belief that a Member’s continued use of such Membership would violate any provisions of the Agreement or applicable law. If Surf cancels a Member’s Membership due to a breach of the Agreement by Member or Member cancels his or her Membership, any Fees previously paid by Member will be non-refundable and any Fees payable for the remainder of the Membership Term will become immediately due and payable. If Surf cancels a Member’s Membership for any reason other than a Member’s breach of the Agreement, Member’s recourse will be limited to a pro rata refund of any pre-paid Fees based on the length of time the Member had access to the Program.

If a Member’s Membership expires, is canceled by Member, or is cancelled by Surf due to Member’s breach of the Agreement, Member will irrevocably lose and forfeit all privileges, flight credits, Single-Use Flight Passes and any additional benefits that might have accrued to Member. Surf will not owe any further obligation to provide any services, credits or benefits to Member. Except as expressly provided herein, Member will hold Surf harmless for the loss of the service, credits or any additional benefits. No accrued, forfeited benefits will be reinstated if the Member later rejoins the Program.

(G) Amendments to Membership Terms and Service Limitations. Amendment of Membership and Agreement – Surf may amend or modify the Agreement from time to time. If appropriate, Surf will provide Members with prior notice of any proposed changes to the Agreement. Any changes to the Agreement by Surf will be made in good faith in Surf’s reasonable business discretion. Except as otherwise expressly stated in the Agreement, a Member’s continued access or use of the service after the effective date of the changes constitutes Member’s consent to be bound by the Agreement, as amended or modified.

(H) Miscellaneous

(1) Accuracy of Information – Member represents that all information provided in the Application is true, accurate, current, and complete. Member further agrees that s/he will notify Surf of any substantive changes to the Member’s and Listed Members’ name, contact, payment, or other applicable information.

(2) Legal Authority – The person entering into the Agreement represents that such person is of legal age to form a binding contract, is not a person barred from receiving services under the laws of the United States or other applicable jurisdiction and will only use the Membership for legitimate purposes. If the person entering the Agreement is doing so on behalf of a legal entity, such person represents that she or he has the legal authority to bind the legal entity to the Agreement.

(3) Non-Transferability of Membership, Rewards or Credits – Membership privileges are solely available to Member and cannot be lent, shared, transferred, leased or sold to any third party, except as specified in the Agreement or in a valid promotional offer. While Members can invite guests to join them on flights by purchasing Single-Use Flight Passes, they cannot lend their account to someone else to book flights or access the service. Members cannot sell, transfer or receive remuneration for Listed Member status, Single-Use Flight Passes, flight credits or other awarded or accrued benefits or credits. Any reward or credit associated with Membership may be limited and may be subject to expiration at Surf’s sole discretion. Any monetary credit applied to a Member’s account by Surf must be applied by the Member to the next charges incurred by the Member after the credit is applied and to successive charges thereafter until the credit is used in full. In other words, monetary credits applied to a Member’s account by Surf cannot be saved or banked for future use by the Member and must be used as soon as possible. Any breach of this section regarding non-transferability of Membership benefits may result in Member losing privileges up to and including Membership cancellation with no further obligation to Member or recourse by Member.

(4) Background Checks – Each Passenger consents to one or more background checks. Member agrees and consents to periodic background checks on the Member, Listed Members and Guests at any time during the term of the Agreement and prior to any such individual’s travel on a Surf flight. Background checks may be performed by a third party and in accordance with such third party’s policies and procedures. Surf may require that Passengers provide additional information, including a social security number or global entry card (if no SSN), and may share all or a portion of such information with third party vendors for the purpose of conducting the background check. Surf warrants that it will maintain the confidentiality of information provided by Passengers as required by applicable law. Background checks may take up to five (5) business days to process. A Passenger’s acceptance of the Agreement and delivery of the Passenger’s personal information constitutes consent to Surf for performing a background check. Surf reserves the right to refuse service, at its sole discretion, to any Passenger that does not comply with the request for a background check or based on the results of a background check.

(5) Baggage and Personal Property – Surf personnel may assist with the handling of baggage on behalf of Passengers in connection with Passenger check-in. Surf’s aggregate liability, if any, for loss of or damage to baggage and/or its contents, with the exception of wheelchairs, mobility aids, and assistive devices used by an individual with a disability, is limited to the proven actual value of damage or loss, but in no event shall be greater than $200.00 per Passenger. Surf will be liable for personal property only for the period in which it is in the custody of Surf. Surf assumes no liability or responsibility for property carried onboard an aircraft by a Passenger and retained in the custody of the Passenger. Surf’s liability for loss, delay or damage to baggage is limited unless a higher value is declared in advance and additional charges are paid. Under no circumstances shall Surf be liable to any Passenger for any type of special, incidental or consequential damages related to the damage, loss or delay of checked baggage. The foregoing may be in addition to any liability of the Operator for loss of or damage to baggage and/or its contents.

To the extent of its liability assumed under this Agreement, Surf will compensate the Passenger for reasonable, documented damages incurred as a result of the loss of or damage to such items up to the limit of liability as set forth above, provided the Passenger exercised reasonable effort to minimize the amount of damage as determined in Surf’ sole discretion. Actual value for reimbursement of lost or damaged property shall be calculated as the lesser of the documented original purchase price of the items, less depreciation for prior usage, or the cost to make applicable repairs. In no event will Surf be liable for damage to bags arising from ordinary wear and tear or broken or damaged handles, zippers, snaps, flaps, rivets, or wheels. While Surf will make reasonable efforts to return carry-on items that have been left onboard an aircraft, Surf assumes no liability or responsibility for the loss of or damage to carry-on items. If a wheelchair, mobility aid, or assistive device is lost, damaged, or destroyed while in Surf’s possession, Surf’s liability shall be the documented original purchase price of the wheelchair, mobility aid, or assistive device, without depreciation.

(6) Claims and Limitations of Liability; DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
Surf does not own or operate any aircraft on which the flights are performed and does not carry any aviation liability insurance. Coverage for losses, if any, may be provided and administered by the respective third parties that provide the services. Surf shall not be liable for any injury, damage, loss, expense, special or consequential damages, or any other irregularity caused by the defect of any aircraft or conveyance, or the negligence of any company or person, including but not limited to Operator, engaged in conveying the Passenger, or carrying out the arrangements for Passenger’s trip or providing any partner benefits. It is the sole responsibility of an Operator to maintain liability insurance coverage. Passengers understand and agree that Surf is not liable for any claims arising out of or in connection with the services of an Operator or any of its partners and affiliates.

On behalf of themselves and their guests, Passengers understand and agree that Surf’s liability shall in any case be limited to the amount paid by Passenger to Surf. In addition, no claim will be recognized by Surf unless written notice of such claim is presented to Surf within twenty-one (21) days after the occurrence of the event giving rise to the claim. In the case of loss of, damage to, or delay in delivery of baggage, no claim will be entertained by Surf unless preliminary written notice of such claim is presented to a Surf representative in person within one (1) day after arrival of the flight on which the loss, damage, or delay is alleged to have occurred. The preliminary notice may thereafter be amended in writing; however, such amended claim must be presented to Surf no later than ten (10) days after the occurrence of the event giving rise to the claim. Failure to provide timely written notice will not bar a claim if the claimant establishes to the satisfaction of Surf that he or she was unable, through no fault or omission of the claimant, to provide notice within the specified time. No legal action on any claim described above may be maintained against Surf unless commenced within six (6) months of Surf’s written denial of a claim, in whole or in part.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN ALL CASES AND UNDER ALL CIRCUMSTANCES, NEITHER SURF NOR OPERATOR SHALL IN ANY EVENT BE LIABLE TO PASSENGERS FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND OR NATURE INCLUDING LOSS OF PROFITS, USE, VALUE, REVENUE, BUSINESS OPPORTUNITIES, AND THE LIKE, UNDER ANY CIRCUMSTANCES OR FOR ANY REASON, INCLUDING ANY DELAY OR FAILURE TO FURNISH ANY AIRCRAFT CAUSED OR OCCASIONED BY THE PERFORMANCE OR NON-PERFORMANCE OF ANY OBLIGATIONS OF OPERATOR (REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT OR TORT OR ANY OTHER LEGAL OR EQUITABLE THEORY), EVEN IF ANY SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITIES OF SUCH DAMAGES.
PASSENGER ACKNOWLEDGES AND AGREES THAT ANY LIMITATIONS OF LIABILITY FOR THE BENEFIT OF SURF ALSO APPLY TO SURF’S SHAREHOLDERS, AGENTS, REPRESENTATIVES, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AND SUCCESSORS AND ASSIGNS.

EACH PASSENGER ACKNOWLEDGES AND AGREES THAT, EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES CONTAINED IN THE AGREEMENT: (A) NEITHER SURF NOR ANY OTHER PERSON ON SURF’S BEHALF HAS MADE OR MAKES ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY, EITHER ORAL OR WRITTEN, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, TRADE, OR OTHERWISE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED; AND (B) EACH PASSENGER ACKNOWLEDGES AND AGREES THAT, IN DECIDING TO PURCHASE A MEMBERSHIP OR USE SURF SERVICES, HE, SHE, OR IT HAS NOT RELIED UPON ANY REPRESENTATION, WARRANTY OR DISCLOSURE MADE BY SURF OR ANY OTHER PERSON ON SURF’S BEHALF, EXCEPT AS SPECIFICALLY PROVIDED IN THE AGREEMENT.

(7) Choice of Law – The Agreement will be governed in all respects by the laws of the State of California without regard to their respective conflicts of laws rules.

(8) Dispute Resolution; MANDATORY BINDING INDIVIDUAL ARBITRATION

Please read this section carefully. It affects legal rights that you may otherwise have and requires individual final and binding arbitration of most disputes instead of resolution in court.
In the event of a dispute under the Agreement, where such dispute has not been settled within thirty (30) days after written notice from either party to the other of the existence of the dispute, the parties agree that, at the request of either party, such dispute will be submitted for binding arbitration in accordance with the procedures below.

Arbitration is the submission of a dispute to a neutral arbitrator, instead of a judge or jury, for a final and binding decision, known as an “award.” Arbitration provides for more limited discovery than in court, is subject to limited review by courts, and the result is confidential. Each party has an opportunity to present evidence to the arbitrator in writing or through witnesses. An arbitrator can only award the same damages and relief that a court can award under the law and must honor the terms and conditions in the Agreement.

ARBITRATION AGREEMENT, CLASS ACTION WAIVER, PUNITIVE DAMAGES WAIVER

You and Surf agree that any dispute, whether at law or equity, arising out of or relating to the Agreement or your use of Surf products or services, regardless of the date of accrual of such dispute, and including any dispute about whether a claim is subject to arbitration, shall be resolved in its entirety by individual (not classwide or collective) binding arbitration.
You and Surf agree that any arbitration under the Agreement will take place on an individual basis and that class, mass, consolidated or combined actions or arbitrations or proceedings as a private attorney general are not permitted.

YOU AND SURF AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY.

This agreement to arbitrate extends to claims that you assert against Surf’s agents, representatives, managers, officers, directors, employees, and successors and assigns.
This agreement to arbitrate shall survive termination of the Agreement. Notwithstanding anything to the contrary, if any part of this agreement to arbitrate is deemed invalid or inapplicable, the remainder of the agreement to arbitrate shall still be considered valid and enforceable. If any part of this agreement to arbitrate is deemed invalid or inapplicable, you and Surf both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class, mass, consolidated, or combined basis.

ARBITRATION PROCEDURES

Arbitration shall be conducted by JAMS in accordance with its Streamlined Arbitration Rules and Procedures (the “JAMS Rules”). The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To begin an arbitration proceeding, you must serve Surf at Member Services, Surf Air Inc., 12111 Crenshaw Blvd., Hawthorne, California, United States 90250.

Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and Surf will pay all other administrative costs and fees. In addition, for claims of less than $1,000, Surf will reimburse you for the $25 fee if the arbitrator rules in your favor. Reasonable attorneys’ fees and expenses will be awarded only to the extent such allocation or award is available under applicable law.

Any arbitration will take place in Los Angeles County, California and will be determined by a single arbitrator; provided, however, that upon request by either party for claims of less than $1,000, the arbitration shall be conducted by telephone or by submission of documents only to the extent permitted by the JAMS Rules.
Judgment on the award may be entered in any court of competent jurisdiction. The proceeding will be closed except to the parties, their attorneys, representatives, witnesses, and experts, all of whom must agree or have a duty to maintain the confidentiality of the dispute and its result, except as needed to implement the ruling.

(9) Severability – If, for any reason, any portion of the Agreement is determined by a competent authority to be void or unenforceable, then (a) that portion will have no effect, (b) the balance of the Agreement will remain in full force and effect, and (c) the Agreement will be performed as though the stricken portion were replaced with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.

(10) Interpretation – Article titles and subheadings contained in this Membership Agreement 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 provision of this Membership Agreement. For purposes of this Membership Agreement, (a) the words “include,” “includes” and “including” are deemed to be followed by the words “without limitation”; and (b) the word “or” is not exclusive. Unless the context otherwise requires, references in this Membership Agreement: (x) to an agreement, instrument, or other document means such agreement, instrument, or other document as amended, supplemented and modified from time to time to the extent permitted by the provisions thereof; and (z) to a statute means such statute as amended from time to time and includes any successor legislation thereto and any regulations promulgated thereunder. The Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted. All references to “$” or “dollars” mean the lawful currency of the United States of America.

(11) Conflicts – In the event of a conflict between a Contract of Carriage, Membership Agreement, Membership Plan Terms, terms printed on any ticket, terms printed on any ticketless travel authorization, and terms specified on Surf’s website or mobile device application, precedence will be given in the order in which they are listed in the foregoing and if there is more than one version of any that are applicable, the last in time. Passengers who purchase a seat through the global distribution system (“GDS”) made available by Surf are bound by the GDS Seat Purchase Terms found on Surf’s website. For GDS Passengers, the GDS Seat Purchase Terms take precedence over this Membership Agreement in the event of a conflict.

(12) Privacy – Surf takes appropriate measures to maintain data regarding its Passengers confidential. Surf may be required to furnish Passenger data, such as name, date of birth, and passport information, to comply with national and international security requirements or rules of governing bodies. It may also be necessary for Surf to provide names of persons on a flight and other information to third parties providing services related to a flight including to an Operator and governmental authorities. Surf may use Passenger information to check the credit of Passenger in connection with its invoice collection efforts or to check the credit of Member and perform criminal and other background searches of Member in connection with evaluating whether to accept or continue Member’s membership in the Membership Program. Surf does not sell Passenger or guest data to third parties.
For further information regarding Surf’s processing of your data and information, please reference Surf’s Privacy Policy which is available on the Legal link of Surf’s website at www.surfair.com.

(13) Release to Use Picture and Voice – Passenger authorizes Surf, its subsidiaries, licensees, successors and assigns, to use Passenger’s (1) picture, including photographic, motion picture, and electronic (video) images; and (2) voice, including sound and video recordings, in each case created while Passenger is utilizing the Program. Passenger hereby grants Surf, its subsidiaries, licensees, successors and assigns, the right to use, publish, and reproduce, for all purposes, Passenger’s name, picture of Passenger in film or electronic (video) form, sound and video recordings of Passenger’s voice, and printed and electronic copy of the information described above in any and all media including cable and broadcast television and Internet, and for exhibition, distribution, promotion, advertising, sale, press conferences, meetings, hearings, educational purposes and in brochures and other print media. This permission extends to all languages, media, formats and markets now known or hereafter devised whether in the United States or abroad. The permission shall continue forever. Passenger further grants Surf, its subsidiaries, licensees, successors and assigns all right, title, and interest in all finished pictures, negatives, reproductions, and copies of the original print, and further grants Surf, its subsidiaries, licensees, successors and assigns the right to give, sell, transfer, and exhibit the print in copies or facsimiles thereof, for marketing, communications, or advertising purposes, as it deems fit in its sole discretion. Passenger hereby waives the right to receive any payment for granting this release and waives the right to receive any payment for Surf’s, its subsidiaries, licensees, successors and assigns use of any of the material described above for any purpose authorized by this release. Passenger also waives any right to inspect or approve finished photographs, audio, video, multimedia, or advertising recordings and copy or printed matter or computer-generated scanned image and other electronic media that may be used in conjunction therewith and to approve the eventual use that it might be applied.

(14) Intellectual Property; License to Use Software; Acceptable Use and Non-Infringement – Surf and its licensors shall own all right, title and interest, including all intellectual property rights, in Surf’s services and the Software, including any suggestions, ideas, feedback, recommendations or other information provided by Members or any third party regarding Surf’s services or the Software that Surf incorporates into the services or Software. Subject to Member’s compliance with the Agreement, Surf grants Member a limited non-exclusive, non-transferable license to download and use the Software solely for Member’s own personal use. Nothing in the Agreement shall be deemed to convey any rights of ownership in the Software or any Surf intellectual property to Member or any third party, except for the limited license granted herein. Members are required to comply with the terms of any site where Software is available for download. Any violation of any Surf terms relating to the Software may lead to suspension or cancellation of the Membership in Surf’s sole discretion.

(15) Waiver. No failure or delay by either party in exercising any right under the Agreement shall operate as a waiver of that right and no single or partial exercise of that right shall preclude any other or further exercise of that right or the exercise of any other rights.

(16) Force Majeure. Surf shall not have any liability for delay or failure to furnish the products or services contemplated by the Agreement when such delay or failure is caused by circumstances beyond the reasonable control of Surf (“Force Majeure”). Examples of Force Majeure shall include the following: adverse weather conditions, mechanical failures, acts of God, governmental actions, war, civil commotion, FAA or other government regulations, crew rest, acts of terrorism, fire, explosion, flood, epidemic, labor disputes (whether or not relating to Surf’s workforce) or restraints or delays affecting aircraft operators and carriers (including “slot delays”, inability to obtain or delay in obtaining governmental approvals, permits and licenses), closure or congestion of airports, Air Traffic Control congestion, or natural or nuclear disaster. Surf shall not be held liable and Member agrees not to claim any damages against Surf that Member might suffer as a result of delay or failure to make available to Member any services, if the delay or cancellation was caused by Force Majeure, as defined herein.

(17) Compliance with Laws. Passenger shall comply and Member shall ensure that all Member’s guests comply with all laws, treaties, customs, policies, public health, FAR’s and other rules and regulations, including the immigration and customs laws of each country or state from, through, or to which a flight may operate (“Laws”). Passenger further agrees to indemnify and hold Surf, any Operator and each of their respective affiliates and their respective officers, directors, other Passengers, employees, agents and representatives (the “Indemnitees”) harmless against any and all loss, liability, damage or expense suffered or incurred by the Indemnitees (including attorneys’ fees and expenses) by reason of any failure of Passenger or its officers, directors, employees, agents, representatives or guests to comply with any Laws.

(18) Notice and Contact Information. Surf may give notice by means of a general notice through the Software, email to Passenger’s email address on record or by written communication sent to Passenger’s address on record. Such notice shall be deemed to have been given upon the expiration of two (2) business days after mailing (if sent by first class mail) or twenty-four (24) hours after posting or sending it via email or other means of electronic transmission. Passenger may give notice to Surf (such notice shall be deemed given when received by Surf) at any time by any of the following: letter delivered by nationally recognized overnight delivery service or first class mail postage prepaid with delivery confirmation to Surf at the following address: Surf Air Inc., 12111 Crenshaw Blvd., Hawthorne, California 90250 addressed to the attention of: Chief Executive Officer, with a copy to the Legal Department.
Member Services can be contacted at:

Surf Air Inc.
12111 Crenshaw Blvd.
Hawthorne, California 90250
Email Address: memberservices@surfair.com

Legacy Single-Use Flight Pass Policy

Any Single-Use Flight Passes purchased by Members on or before December 31, 2019 that were designated as non-expiring at the time of purchase are referred to as “Legacy Single-Use Flight Passes”. All Legacy Single-Use Flight Passes will expire on April 30, 2020 unless an extension to such expiration date is granted by Surf in its sole discretion. To obtain an extension of the expiration date, a Member must submit a written request for an extension to Surf at memberservices@surfair.com no later than April 30, 2020. The extension request submitted by a Member must: (a) reference this Surf Legacy Single-Use Flight Pass Policy and (b) provide the Member’s proposed expiration date. Surf Member Services will contact each Member who requests an extension. Any extension granted by Surf will be in writing.

Member Care services can be contacted at:

Surf Air

12111 S. Crenshaw Blvd.
Hawthorne, CA 90250

Email Address: memberservices@surfair.com
Telephone Number: (888) 704-2582

Terms and Conditions for Destination Membership V3 – December 2021 Onwards

• 12 (unless otherwise stated) One Way Private Flights <500 Miles on PC12 between two airports of your choice.
• $5,000 in Surf Air Bonus Credit for use towards scheduled seats, additional charter flights, or upgrades
• One Year Access Membership, with full club benefits and dedicated support team
• Waived Initiation Fees
• Flights and Credit must be used within one year of the activation date.
• California Municipal airports only, some airports are excluded due to runway length, governance, or subject to additional fees – speak with our team to discuss.
• Requests must be made using a special booking form, limited to requesting AM or PM only (can’t specify, but you can request a time)
• Flights are subject to availability, we recommend booking at least 14 days in advance although this is not required. If no Surf Air Plane is available we will present an alternative time/date that a Surf Air PC12 is available, along with an additional option with one of our partners which may incur additional cost.
• Facilitated on PC12 or similar turboprop, upgrades are available for a fee for more passengers or luggage.
• No flight time/date changes are permitted once booked.
• Credits may be available for same-day round trip requests – speak with our team to discuss.
• International flights are subject to additional charges.
• Flight requests >500 Miles may be accommodated on a case-by-case basis and will be subject to an additional fee.

Surf Air Referral Benefits

In addition to the terms set forth BELOW, the referral benefits and new memberships ARE subject to the terms and conditions contained in the Membership Agreement, the membership application and any other written correspondence regarding the pricing and terms of membership, the applicable flight operator’s Contract of Carriage, and such additional rules, LIMITATIONS, terms and conditions which may be presented on Surf Air’s website or any ticket or ticket-less travel authorization.

Surf Air Referral Program Terms and Conditions

Effective Date: January 12, 2022

Surf Air Inc., a Delaware corporation (“Surf Air”, “our”, “us” or “we”), may at times offer you (the “User” or “you”) the opportunity to refer friends via a referral program (“Program”) offered on its mobile application or the web site located at https://www.surfair.com (the “Platform”).

Binding Agreement

By using the Platform or participating in the Program, you are bound by these Terms and Conditions (“Terms”) and indicate your agreement to them.  All of our decisions are final and binding.  These Terms are incorporated in, part of and subject to our Terms of Use available at https://www.surfair.com/us/legal/#section-2. (Capitalized terms not otherwise defined shall have the meanings set forth in the Terms of Use.)

Privacy

The personal information collected, processed and used as part of the Program will be used in accordance with our Privacy Policy, which is available for your review at https://www.surfair.com/us/legal/#section-1.

Eligibility

You must be 18 years old or order to access and use the Platform.  You do not need to be a Surf Air member to participate in the Program so long as you create an account with Surf Air by providing your username and password, or by using Google Sign-In.  Children under 13 years old are prohibited from accessing the Platform or otherwise providing any personal information to Surf Air.

How the Program Works

Using the Platform, you can follow the on-screen instructions to refer friends, family members or colleagues whom you personally know (“Friends”).  You are welcome to invite as many Friends as you like to participate in the Program by sharing with them your unique referral link (“Personal Link”).  Once your Friend finds a flight on fly.surfair.com and checks out using your Personal Link, their Referral Credit (as defined below) will automatically applied at checkout.  After your Friend completes their flight on the Service, your Referral Credit will be deposited directly into your account.

Referral Credits

By making a Valid Referral (defined below), you will receive a referral credit and your Friend will receive a referral credit (each, a “Referral Credit”) to be applied to any Scheduled flight or On Demand Charter booked on the Platform, subject to the restrictions set forth below.  In order to qualify as a “Valid Referral”, your Friend must be a first-time User of the Service as a result of your referral.  Any individual who has previously flown on the Service, including a non-paying guest, will not qualify as a “Valid Referral”.  Additional restrictions may apply.  Referral Credits are subject to verification. We may delay a Referral Credit for the purposes of investigation. We may also refuse to verify and process any transaction for any reason.  Unless otherwise stated, Referral Credits have no monetary value and may not be redeemed for cash.  They are not transferable and may not be auctioned, traded, bartered or sold.  Referral Credits expire after 12 calendar months.  These restrictions are incorporated in, part of and subject to our Surf Air Credit Terms and Conditions available at https://www.surfair.com/us/legal/#section-9.

Restrictions

Referrers cannot refer themselves or create multiple, fictitious or fake accounts with Surf Air.  No User may use the Program to violate any law, infringe or violate the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene or outside the spirit and intent of the Program.  In addition, you may not (i) tamper with the Program, (ii) act in an unfair or disruptive manner, or (iii) use any system, bot or other device or artifice to participate or receive any benefit in the Program. This includes but is not limited to a general prohibition on posting of your Personal Link on any website which offers the referral code to anyone other than Friends — i.e., individuals to whom you personally know.  If we believe that a referral code associated with a User’s account was used in such a manner, we have the right to remove all Referral Credit associated with that account and remove the User from the Platform. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SURF AIR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

Liability

YOU UNDERSTAND AND AGREE THAT THE INDEMNIFIED PARTIES (DEFINED BELOW) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL,  CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY SURF AIR, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES) ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM OR THE SURF AIR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. By participating in the Program, you agree to indemnify, defend, and hold harmless Surf Air and its affiliates, and its and their respective officers, directors, members, employees, independent contractors, agents, representatives, attorneys, insurers, successors and assigns (the “Indemnified Parties”) from and against any and all Liabilities incurred in connection with (i) your use or inability to use the Platform or book flights, or (ii) your breach or violation of this Agreement; (iii) your violation of any law, or the rights of any User or third party and (iv) any content submitted by you or using your account to the Platform, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. You also agree to indemnify the Indemnified Parties for any Liabilities resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or loan on our infrastructure. Surf Air reserves the right, in its own sole discretion, to assume the exclusive defense and control at its own expense of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of Surf Air.  TO THE FULLEST EXTENT POSSIBLE BY LAW, THE INDEMNIFIED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), SHALL BE $100.00.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PROGRAM AND THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SURF AIR MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE PLATFORM OR THE CONTENT OF ANY SITES LINKED TO THE PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY OR IN TORT FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, (III) ANY ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND (IV) EVENTS BEYOND OUR REASONABLE CONTROL.

Bulk Distribution (“Spam”)

Each Referrer is the actual sender of the emails and must comply with applicable law.  Referrals must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members.  By submitting any email address as part of the Program, the Referrer represents that he/she has the appropriate permission and consent. Bulk email distribution, distribution to strangers, or any other use of the services described herein in a manner that is not promoted is expressly prohibited and may be grounds for immediate removal from the Platform and further legal action.  We have no obligation to monitor the Program or any communications; however, we may choose to do so and block any chat messages, remove any such User Generated Content, or prohibit any use of the Program. Referrers who do not comply with the law, including anti-spam laws, are obligated to indemnify us against any liabilities, costs and expenses it incurs as a results of such Spam.

Right to Cancel, Modify or Terminate

We reserve the right to cancel, modify or terminate the Program at any time for any reason. We reserve the right to disqualify any User at any time from participation in the Program if we have a good faith belief that he/she has violated any of these Terms.

Surf Air Animal Policy

The effective date of this Animal Policy is March 1, 2020.

This policy (this “Policy”) governs the transportation of animals on all flights arranged by Surf Air Inc. (“Surf”). Terms used but not defined in this Policy have the meanings given to them in Surf’s Membership Agreement.

(I) Generally

Generally, Operator flights arranged by Surf are limited to the carriage of one (1) animal per flight. Surf, in its sole discretion and subject to the Operator’s then-current animal policies and consent, may permit a second animal on the same flight. Animals may not travel unaccompanied.

There are three classifications of animals under this Policy, as follows:
(a) “Service Animal” is an animal that has been specifically trained to perform life functions for individuals with disabilities, including individuals with visual impairments, deafness, seizures, and mobility impairments.

(b) “Emotional Support Animal” is an animal that provides comfort to individuals with emotional, psychiatric or cognitive disabilities.

(c) “Pet” is an animal that is neither a Service Animal nor an Emotional Support Animal.

All animals, including Service Animals, Emotional Support Animals, and Pets, must be at least four (4) months old, weigh not more than one hundred (100) pounds, and be clean, well-behaved, and have current vaccinations, e.g., for rabies and distemper. Cats and dogs are the only Pets permitted to travel. Other species may be permitted to fly as Service Animals or Emotional Support Animals if they comply with US Department of Transportation requirements for health and safety and do not cause significant cabin disruption. If Surf and/or the Operator in their sole discretion permit a second animal on a flight arranged by Surf, the combined weight of both animals must not exceed one hundred (100) pounds. Approval for travel with an animal will not occur until the animal arrives at the airport and Surf personnel and the Operator’s representative(s) inspect the animal. In the event of a conflict between this Policy and the Operator’s policies regarding animals, this Policy will control, provided, however, that Operator always retains ultimate operational control over all Surf flights and retains the right to take any action it deems necessary or useful to protect the safety of the flight and its Passengers and crew. Upon request by Surf, a Passenger will provide a copy(ies) of the certificate(s) of vaccination of his or her animal.

Passengers wishing to travel with an animal that weighs twenty (20) pounds or less (a “small” animal) must pay a non-refundable fee (the “Animal Flight Fee”) to bring their animal on a Surf-arranged flight. The amount of the Animal Flight Fee is subject to change but is expected to be equal to or less than $100 through December 31, 2020. If a Passenger wishes to travel with a small animal, the Passenger must notify Surf and pay the Animal Flight Fee at least two (2) days before the flight. If a Passenger wishes to travel with an Animal that weighs more than twenty (20) pounds (a “larger animal”), the Passenger must notify Surf and purchase a separate Single-Use Flight Pass for the animal at least two (2) days before the flight. A Passenger may not use a Reusable Reservation for the transportation of a larger animal. Animals may not travel on stand-by.

A Passenger shall ensure that his or her animal does not engage in any disruptive, threatening, damaging, destructive, or other inappropriate behavior. For example, an animal will be deemed to be engaging in inappropriate behavior if it is growling, snipping, biting, jumping on passengers, relieving itself in the gate area or cabin, or barking excessively.
A Passenger shall ensure that his or her animal(s) are properly secured at all times. A Pet that is in a kennel may be transported, at the election of the Passenger or Surf and/or the Operator, in the baggage area of the cabin. Otherwise, all animals must be within reach of its accompanying Passenger. Cats must be transported in a soft-side carrier. Dogs that are not secured within a kennel must be secured with a quick-release leash. On board the aircraft, animals may not protrude into or block aisles or exit routes. If a Single-Use Flight Pass has been purchased for a larger animal, and if requested by the Passenger in writing at the time the Passenger books the flight for the animal, the animal may occupy a seat so long as it is harnessed. Unless kenneled in the baggage area of the cabin, a small animal must rest on the lap of its Passenger while on board the aircraft.

If the Passenger cancels a flight on which an animal is scheduled to fly in accordance with this Policy, (i) the amount paid by the Passenger for the Animal Flight Fee or (ii) the Single-Use Flight Pass for the accompanying animal shall be forfeited unless, under the Membership Agreement, the Passenger is not required to pay a fee or forfeit or lose the use of his or her personal Single-Use Flight Pass or Reusable Reservation in connection with the cancellation. For example, suppose a Passenger is scheduled to fly with a Single-Use Flight Pass and has paid an Animal Flight Fee for his or her accompanying animal. If the Passenger is a “No-Show”, the Passenger forfeits both his or her Single-Use Flight Pass and the amount paid for the Animal Flight Fee. Under no circumstances will Surf be required to pay or reimburse a Passenger for lodging or alternative travel costs for an animal.

(II) Emotional Support Animals and Service Animals

For an animal to qualify as a Service Animal, the Passenger must present evidence reasonably satisfactory to Surf that the Passenger has a disability and that the animal has been trained to perform life functions for individuals with disabilities, including individuals with visual impairments, deafness, seizures, and mobility impairments. Surf will accept as evidence that an animal is a Service Animal with the presentation of valid identification cards, other written documentation, presence of harnesses or markings on harnesses, tags, or the reasonably credible verbal assurances of the Passenger. Service Animals in training will be deemed Pets.

For a Passenger’s animal to qualify as an Emotional Support Animal, the Passenger must submit a complete ESA Letter with all accompanying documentation to Surf for verification at least 48 hours before the Passenger’s flight. An “ESA Letter” is a document prescribed and written by a licensed mental health professional within one (1) year of the proposed date of travel that is on the professional’s letterhead and states the following:

(a) That the Passenger has an emotional or mental-health related disability recognized in the Diagnostic and Statistical Manual of Mental Health Disorders – 5th Edition (DSM V);

(b) That having the animal accompany the Passenger is necessary to the Passenger’s mental health or treatment or to assist the Passenger with his or her disability;

(c) That the individual providing the assessment of the Passenger is a licensed mental health professional and the Passenger is under his or her professional care; and

(d) The date and type of mental health professional’s license and the state or other jurisdiction in which it was issued.

If a Passenger elects to have his or her Emotional Support Animal or Service Animal fly in the baggage area of the aircraft cabin, Surf may elect to treat the animal as a Pet. If a Passenger is flying with an Emotional Support Animal or Service Animal that is registered or belongs to another person, the animal will be deemed a Pet.

(III) Boarding and Deboarding Priority.

In certain scenarios, Surf may refuse to grant flight privileges to one or more Passengers and their accompanying animals. In determining which Passenger(s) will not be granted flight privileges and which Passengers will, the following rules will be applied:
A Passenger with an allergy to a traveling animal or a Passenger with a Service Animal has first priority over a Passenger traveling with an Emotional Support Animal or a Pet, regardless of who was first to book a seat on the flight.

Between a Passenger with an animal allergy to a traveling animal and a Passenger with a Service Animal, precedence is given to whomever was first to book a seat on the flight.

If there are no Passengers with animal allergies and no Passengers with Service Animals booked, then precedence will be given to Emotional Support Animals before Pets, regardless of who was first to book a seat on the flight.

In order to protect the health and safety of Passengers, such as in a scenario where flying conditions or the weight or size of an animal presents a concern, Surf may be required to revoke flight privileges for one or more Passengers and their accompanying animals. In determining which Passenger(s) will lose flight privileges and which Passengers will be permitted to remain on the flight, the following rules will be applied:

(a) Complimentary Passengers (including those with complimentary memberships, or complimentary Single-Use Flight Passes, and guests) are the first to deboard.

(b) Passengers with Pets are the next to deboard.

(c) Passengers with Emotional Support Animals are the next to deboard.

(d) Passengers with Service Animals are the next to deboard.

Passengers with Service Animals take precedence over all other Passengers (regardless of booking order), i.e., all other Passengers deboard first. Surf shall not be required to pay for alternative travel arrangements or hotel accommodations for, or otherwise compensate, a Passenger who is denied boarding or removed from a flight due to considerations of the health or safety of a Surf flight or its Passengers or crew.

(IV) Violations of Policy; Passenger Responsibility for Animal; Miscellaneous

If a Passenger violates this Policy, Surf will have the right to deny transport to the Passenger and his or her animal. In addition, any violation of this Policy by a Passenger will be deemed a breach of the Membership Agreement, and Surf will have the right to suspend or terminate the Passenger’s Membership. If a Passenger is denied boarding or deboarded due to his or her failure to comply with the requirements of this Policy, the Passenger will be considered a “No Show” under the Membership Agreement and the Animal Flight Fee, any Single-Use Flight Passes for the Passenger and the animal, and all other benefits, fees or credits paid or applied by the Passenger for the flight will be forfeited.

A Passenger assumes liability for all injury or damage to persons or property resulting from the Passenger’s animal, including damages incurred at the lounge or airport or on the aircraft. Passenger shall indemnify and hold Surf, the Operator, their affiliates and their officers, directors, employees, agents and representatives (the “Indemnitees”) harmless against any and all loss, liability, damage or expense suffered or incurred by the Indemnitees (including attorneys’ fees and expenses) by reason of any act of the Passenger’s animal or failure of Passenger to comply with this Policy. Passenger also assumes any and all health and safety risks to Passenger’s animal in connection with a Surf-arranged flight.

No failure or delay by Surf in enforcing this Policy shall operate as a waiver of any aspect of this Policy and no single or partial waiver of any provision of this Policy shall preclude any other or further enforcement of that provision or the enforcement of any other provision of this Policy.

Surf reserves the right to modify this Policy from time to time in its reasonable business discretion and will provide Passengers with prior notice of such modifications when appropriate.

Introduction

By purchasing, accepting, or using Surf Air Credit (“SurfCredit”) in either physical or digital form and in consideration for your right to use SurfCredit, you agree to be bound by these terms and conditions (“Surf Air Credit Terms and Conditions”) and the terms and conditions contained in the Surf Air Membership Agreement (the “Agreement”). In the Surf Air Credit Terms and Conditions, “you” and “your” means the member who has purchased SurfCredit. “We” or “our” means Surf Air Inc,

Redemption

• SurfCredit may be used towards On-Demand Charter and single seats for the primary member on Scheduled Service when it is available in the member portal. 
• Visit fly.surfair.com and login to book on-demand flights, or contact our sales team to use SurfCredit. 
• Manual on-demand flights booked with a representative may incur an administrative fee.
• FET/TAX and surcharges are levied at the point of booking each flight and deducted from the SurfCredit balance.

General Terms

• SurfCredit expires once used, after 12 calendar months, or upon membership termination, whichever is first.
• SurfCredit is not refundable, exchangeable, or redeemable and it is not a credit, debit, or charge card. No implied warranties attach to it.
• SurfCredit may be used to make purchases only up to the available balance on file.
• The available balance is reduced by the amount of each purchase of goods or services and by other deductions, if any, that may be required by law.
• If you want to use SurfCredit to make a purchase that exceeds the available balance available, you may combine Credit with additional payment from another funding source.
• You agree that Surf Air is not responsible if you do not have enough SurfCredit funds to facilitate a transaction.
• We may modify or update these Terms and Conditions at any time without notice to you. 
• Surf Air Bonus/ Complimentary Credit granted as compensation or as part of a promotion is to be treated the same as “SurfCredit” but expire 90 days after grant date unless specified otherwise in writing. 

Restrictions

• We reserve the right to correct your SurfCredit balance if we believe that a clerical, billing, or accounting error has occurred. You also agree that we may deactivate, cancel or suspend your SurfCredit if we suspect fraud, unlawful activity, or improper use.
• If the member doesn’t have a membership or membership lapses whilst there is still a credit balance, an initiation fee of $500 and Membership dues will be billed monthly to the credit balance of $295/month + FET
• SurfCredit may not be used to buy more SurfCredit, additional Surf Air Memberships or some ancillary products and service. 

TERMS AND CONDITIONS
The terms and conditions relating to the booking, operation of, and payment for an on-demand flight through Surf Air Inc. (“Surf Air”) on behalf of the individual or entity requesting the on-demand flight service (“Client”) are set forth below. Surf Air and Client are sometimes referred to in these terms and conditions individually as a “Party” and collectively as the “Parties”.

GENERAL
Flights provided by Surf Air for Client are performed by independent, third-party FAA-licensed and DOT-registered air carriers (each, an “Air Carrier”) that have undergone Surf Air’s safety assessment.

INSTANT BOOK
Instant Book is Surf Air’s pricing and availability guarantee. Surf Air guarantees the price, and availability of your selected aircraft and gives you peace of mind that there will be no additional costs to confirm your booking on the selected aircraft model or a comparable aircraft within the same category. A sliding departure may apply to all non member instant bookings and exact times will be provided along with your confirmation. Most domestic flights booked outside of 72 hours from scheduled departure qualify for Instant Book, flights booked fly.surfair.com that qualify for Instant Book are clearly notated with an instant book checkmark. If you book your flight with our team, they will let you know in writing if your flight qualifies for Instant Book at the time of booking.

FLIGHT RECOVERY
Surf Air offers complimentary flight recovery to all Members with Surf Air Credit. Should any issues arise with an aircraft post-booking, Surf Air will provide at least one complimentary and comparable alternative option. Members have the option to accept the alternative, request additional options which may incur additional costs, or receive a full refund in Surf Air Credit. Non Credit Members will be presented with options that may be subject to additional cost or can opt to receive a full refund in Surf Air Credit.

SUPPLEMENTAL CHARGES
Optional add-ons including but not limited to; Ground transportation, catering, special stock requests, cleaning, etc will be charged to the Client with a service fee. Client agrees to indemnify and reimburse Surf Air for all expenses incurred as a result of required de-icing, damage, and excess wear and tear to the Aircraft determined to be caused by Client or their guests.

DOCUMENTATION
In accordance with the United States Transportation Security Administration (“TSA”) regulations and other governmental regulations, Client is required to comply with all TSA regulations, and will be required to present valid identification prior to departure for all flights. For international flights, Client must have a valid passport in his or her possession as well as any required visas or other entry documentation. Surf Air may share personal identifiable information you provide to us with authorized representatives of Air Carrier. The Air Carrier shall have the right to refuse boarding to any person without the required documentation or as a result of non-compliance with TSA or other government regulation without recourse or further obligation to Client by Surf Air or the Air Carrier.

ITINERARY/MANIFEST CHANGES AND TRANSMITTAL OF CHANGES
Itinerary and manifest changes are permitted and may be requested up until 72 hours prior to contracted departure. Changes are subject to aircraft/crew availability and any applicable price adjustments will apply. Notification of changes and/or cancellations must be in writing and transmitted to ondemand@surfair.com. Passengers who cancel inside our cancellation policy, who are no-shows or passengers arriving more than 15 minutes past the scheduled departure time will forfeit 100% of the flight costs.

CANCELLATION POLICY
Members: Flights canceled at least 48 hours prior to the departure time are eligible for a 100% refund in Surf Air credit. Non-Members: Flights canceled at least 72 hours prior to the departure time are eligible for a 100% refund in Surf Air credit.

RESPONSIBILITY
Surf Air shall not be liable for any injury, damage, loss, expense, indirect, special or consequential damages, or other irregularity caused by the defect of any vehicle or conveyance, or the negligence of any company or person engaged in conveying Client or carrying out the arrangements for Client’s trip or by accident, delay, flight schedule, change, cancellation, sickness, weather, strikes, war, quarantine, or any similar cause.

FORCE MAJEURE
Notwithstanding anything to the contrary, neither Surf Air nor any Air Carrier subcontracted by Surf Air is liable for the delay or failure to provide an aircraft or perform the on-demand flight service when such delay or failure is caused by Force Majeure. “Force Majeure” means an act of God, strike or lockout or other labor dispute, act of a public enemy, war (declared or undeclared), terrorism, public health concern, a positive diagnosis of a communicable disease such as but not limited to COVID-19, quarantine (whether declared by a national authority or by an international organization such as the United Nations), Flight Restrictions in the Proximity of the Presidential and Other Parties (14 CFR Section 91.141), blockade, revolution, civil commotion, fire, any weather-related event affecting the safety of flight, flood, earthquake, explosion, governmental restraint, embargo, mechanicals, inability to obtain or delay in obtaining equipment, parts or transport, inability to obtain or delay in obtaining governmental approvals including TFR’s, permits, licenses or allocations, and any other cause outside of the complete control of Surf Air or the Air Carrier, as applicable, whether or not of the kind specifically listed above. In addition, Client understands and agrees that when, in the sole discretion of the Air Carrier or the pilots of an aircraft, safety may be compromised, Surf Air, such Air Carrier or the crew of the aircraft may cancel an on-demand flight service, refuse to commence a flight service, or take other necessary action without breaching its duties or obligations to Client or be liable for any loss, injury, damage or delay. Notwithstanding the above, in the event an on-demand flight is canceled as a result of events outlined above, Surf Air will provide the services described under “Responsibility” above.

INSURANCE:
Surf Air does not own or operate any aircraft on which the on-demand flight services are performed, and does not directly carry any aviation insurance unless specifically noted. The client understands and agrees that it is the sole responsibility of the Air Carrier to maintain aviation liability insurance coverage. An Air Carrier’s liability insurance certificate may be obtained at the Client’s request.

CARRIAGE OF FIREARMS & HAZARDOUS MATERIAL (HAZMAT):
Surf Air or the Air Carrier must be notified at the time of booking if the passengers wish to transport a firearm or hazmat onboard the Air Carrier’s aircraft. Firearms are allowed onboard the aircraft so long as they are transported in accordance with FAA/TSA regulations and are inspected by qualified staff of the Air Carrier.

PETS
Pets are generally allowed. However, prior approval is required and acceptance will be determined on a variety of factors.

PASSENGER AND BAGGAGE WEIGHT RESTRICTIONS
Due to aircraft performance limitations, Clients and their guest(s) will be required to provide their personal weight and estimate of planned baggage weight. The Pilot-In-Command will have final determination on any baggage item that is either overweight or oversized. For flights booked within 48 hours from departure, the client must provide complete passenger information, along with passenger and luggage weight / description at the time of booking. Any subsequent changes are subject to final approval from the Pilot in Command.

INTERNATIONAL FLIGHTS
All international flights will be considered tentative pending receipt of all required authorizations and permits. In rare instances, specific cancellation terms may apply to international flights and these will be communicated by Surf Air on a case-by-case basis.

LANDING PERMITS AND AIRPORT SLOTS
Flights to and from major airports are are subject to slot availability and landing permits. Actual departure or arrival times may differ from contracted times. Surf Air is not responsible for any delays as a result of slot, permit, customs and border or other operational changes and restrictions. Members with the Credit, Destination or Guaranteed rate add-on who request flights at major and/or congested airports may be subject to additional charges.

PASSENGER CONTACT INFORMATION
Collection and accuracy of all passenger contact information will be the responsibility of the Client signing these terms and conditions with Surf Air. If that person is to be a passenger on the quoted flight, they will be responsible to designate an alternate contact not traveling on the same flight. In the event of any incident or accident, it will be the responsibility of that person/alternate to make contact with all involved passenger representatives.

INDEMNITY
Client agrees to indemnify and hold Surf Air and its affiliates and their respective officers, directors, managers, employees and agents (each, an “Indemnified Party”), harmless from and against any and all claims, loss, damage, demands, losses, liabilities, injury or expense (including attorneys’ fees and costs) (collectively, “Losses”) that the Indemnified Party incurs arising out of or in connection with Client’s gross negligence, willful misconduct, violation of the rights of any third party (including other passengers) or third-party goods or service providers; provided, however that Client shall not be liable for the indemnification of any Losses arising out of the Indemnified Party’s gross negligence, willful misconduct or breach of these terms and conditions.

ARBITRATION
In the event of a dispute under the price quotation or these terms and conditions, where such dispute has not been settled within ninety (90) days after written notice from either Party to the other of the existence of the dispute, the Parties agree that, at the request of either Party, such dispute will be submitted exclusively for binding arbitration. Arbitration conditions can be found here: https://www.surfair.com/us/legal/

PRIVACY POLICY
Surf Air respects the privacy of each Client. By using any of Surf Air’s sites and services or otherwise providing Surf Air with any information, the Client hereby consents to the handling of their information as described in Surf Air’s privacy policy, which can be viewed on its website at https://www.surfair.com/us/legal/#section-1

PRICES, PAYMENTS
All prices quoted in the attached price quotation are accurate on the date quoted. Flights are not confirmed until payment is completed at checkout. Payment or credit card pre-authorization for wire payments will be due upon booking an on-demand flight.

PAYMENT AUTHORIZATION:
Prepayment via credit card is required at the time of booking to secure the reservation. Prices are not guaranteed until payment is received. If paying by wire, a credit card will be collected to remain on file for pre-authorization.

Product Overview

Our Guaranteed Occupied Rates Membership makes flying simple, as you only pay for the time you’re in the air, so you’ll never need to worry about repositioning or dead leg fees. This membership offers guaranteed hourly occupied rates on seven categories of aircraft, access to the newest and best quality aircraft, year-round availability* along with complimentary recovery.

Membership Benefits:

• Guaranteed Availability: Members are required to provide just 48 hours’ notice to secure a guaranteed booking within a chosen category (excludes Vision Jet). Within 48 hours, and for Vision Jet requests Surf Air will present options which may include a surcharge.
• Guaranteed Booking: Surf Air guarantees the price, and availability of your selected aircraft and gives you peace of mind that there will be no additional costs to confirm your booking on the selected aircraft model or a comparable aircraft within the same category.

• Complimentary Flight Recovery: Should any issues arise with an aircraft post-booking, Surf Air will provide at least one complementary and comparable alternative option. Members have the option to accept the alternative, request additional options (which may incur additional costs,) or receive a full refund.
  
• In-House Team: With a personal account representative, along with around-the-clock access to our in-house support, flight tracking, and experience team you’ll find yourself in safe and capable hands with Surf Air.

Rates:

General Terms & Restrictions:

1. Membership Dues: Annual Surf Air Membership plus a minimum deposit of $250,000 is required.

   
2. Category examples
   • Turboprop: PC12, King Air
   • Vision Jet: SF50 Vision Jet
   • Light Jet: HondaJet, Citation CJ Series, Citation Bravo, Citation Encore, Hawker 400XP, Learjet 40/45/75
   • Mid: Citation XLS, Gulfstream 150, Hawker 800/900XP, Learjet 60
   • Super Mid: Challenger 300, Citation X, Citation, Sovereign, Falcon 50EX, Gulfstream 200
   • Heavy: Challenger 604/605, Falcon 2000
   • Long Range: Falcon 900EX, Legacy 600/650, Gulfstream G-550, Gulfstream G-650
3. Rates: Continental U.S. rates apply to bookings where all departures and arrivals are within 100 nautical miles of the Continental United States. International rates apply to bookings that include at least one departure or arrival outside 100 nautical miles of the Continental United States. Bookings that depart or arrive 100 nautical miles outside of the Continental U.S. are subject to availability and do not adhere to the above-posted hourly rates. “One-way” rates apply to all itineraries that either: a) Do not end at the original departure location, b) Where consecutive flights do not depart from the previous flight’s arrival location, c) Do not have at least one (1) hour of billable flight time per twenty-four (24) hour period. This is calculated from the first departure until the last arrival. “Round-trip” rates apply to all bookings that either:a) End at the original departure location, b) Include at least one (1) hour of billable flight time per twenty-four (24) hour period, calculated from the first departure until last arrival of the booking, c) All round-trips must comply with regulations regarding crew duty and rest requirements. All legs of the itinerary must involve the same class of aircraft.

   
4. Minimums: One hour minimum flight time applies to all trips. All hourly rates are calculated in 6-minute increments and billed at a minimum of one and two-tenths (1.2) of an hour per flight segment, per day. Hourly minimum per day: Turboprop & Vision Jet: 1 hr, Light, Mid & Super Mid: 2 hrs, Heavy & Long Range: 3 hrs

   
5. Fuel Surcharge: Hourly fuel surcharge applies to all bookings unless otherwise stated.
6. Overnight Charges: Daily overnight charges apply for trips with a duration of 48 hours or less. Overnight charges may apply for trips 72 hours.
7. Lead Passenger: The named lead passenger (member) must fly, but additional lead passengers may be added for a one-time fee of $3,450.
8. Flight Confirmation: Each flight booked requires a completed digital or physical contract from the lead passenger, this contract will contain all terms and conditions relating to the flight, including cancellation policy and weight, balance, customs, and other general terms.

The Destination Membership is a membership add-on that offers heavily discounted fixed-price private flights under a pre-agreed flight length from any qualifying airport. Members are required to be flexible with their departure times, and availability is not guaranteed until each flight is booked and confirmed with our team. The destination membership add-on is available on various categories of aircraft and in multiple regions in North America. 

The Destination Membership is a membership add-on that offers heavily discounted fixed-price private flights under a pre-agreed flight length from any qualifying airport. Members are required to be flexible with their departure times, and availability is not guaranteed until each flight is booked and confirmed with our team. The destination membership add-on is available on various categories of aircraft and in multiple regions in North America. 

Pricing Details: 

• Membership Required 
• Additional Named Lead Passengers: $3,540 
• Alternative Airport & Mileage Requests: Fee applies – request approval at booking  

Rates: 

Destination Membership Add-On General Terms & Restrictions:

1. Qualifying Airports: Flights must arrive or depart from a qualifying airport, and some airports are excluded due to runway length, governance, or subject to additional fees. Speak with our team for a list of up-to-date qualifying airports.  
   
2. Qualifying Airport & Mileage Exceptions: Exceptions may be requested and if approved may incur an additional cost. Mileage calculated using great circle distance.
   
3. Expiration: Unless otherwise stated in your Membership Agreement, flights expire once used, after 12 calendar months, or upon membership termination, whichever is first.
   
4. Aircraft: Surf Air will provide an aircraft in your chosen category, or equivalent suitable to fly the requested flight, but no specific aircraft model is implied or guaranteed.
5. Availability: Guaranteed availability is not included with this membership, but the more notice you provide the higher likelihood your flight can be facilitated, especially during busy periods. Please speak with a membership director if you require guaranteed availability and they will provide options for products and membership that include Guaranteed Availability with as little as 24 hours’ notice.
6. Flight Requests: Unlike conventional charter flights, flights requested as part of the Destination Membership are subject to availability, and members must be flexible with departure dates and times. If no aircraft is available for your requested dates/times we will provide at least one alternative that is included with your membership, along with additional options that may incur an additional cost.
7. Adjustments: Surf Air reserves the right to make reasonable changes to your departure and/or arrival airport, aircraft, and departure times and requires all members with the Destination Membership to be flexible to accomplish significant discounting. Please speak with a membership director to make sure this is the right product for you
8. Lead Passenger: The named lead passenger (member) must fly, but additional lead passengers may be added for a one-time fee of $3,540.
9. Not Guaranteed: Flights that are flown as part of the Destination Membership do not qualify as instant book flights.
10. Flight Recovery:  Should any issues arise post-booking that require a recovery / alternative aircraft, Surf Air will provide at least one alternative backup option, members with the Destination Add-On can accept this backup option and are responsible for additional cost, or can opt to have the flight leg returned to their flight balance and re-book for another date/time. Please consult with your Membership Director to ensure this is the right membership program for your needs.
11. Upgrades and special requests: These can be accommodated but will be subject to additional charges.
12. Additional Discounts: Credits may be available for same-day round-trip requests.
13. Additional Conditions: We reserve the right to correct your Destination Membership balance if we believe that a clerical, billing, or accounting error has occurred. You agree that we may deactivate, cancel, or suspend your Destination Membership if we suspect fraud, unlawful activity, or improper use.
    
14. Flight Confirmation: Each flight booked requires a signed digital or physical contract from the lead passenger, this contract will contain all terms and conditions relating to the flight, including cancellation policy and weight, balance, customs, and other general terms.
15. Communications: Pre-booking flight requests should be submitted via the destination membership booking form, which is provided to members when they join. Post-booking flight requests, changes, and cancellations should be sent to trips@surfair.com 
    
16. Purchase: This membership add-on can only be purchased with a Surf Air Membership Director and each member must acknowledge the special terms and conditions that apply to this product in order to purchase.