Surf Airlines Privacy Notice
Effective Date: June 14, 2016
This Privacy Notice (“Notice”) applies to the websites, mobile applications and other online services (collectively, the “Site”) of Surf Airlines, Inc. (“Surf Air,” “we,” “our,” or “us”). We provide this notice to help explain our online information practices and the choices you have about the information we gather.
This Notice only applies to the Site and does not apply to information gathered by other means. This Notice does not apply to third parties, who may have their own privacy policies.
Privacy Notice Highlights
- Information Collection We gather the following information related to your use of the Site:
- Registration and Flight Information: When you create an account or profile on the Site, you voluntarily give us personal information. In addition, we may collect personal information related to you and your guests when you book a flight or travel with us.
- Information Relating to Your Requests: We collect information you provide when you contact us, or if you respond to messages we send you.
- Social Media Information: We may receive information from and share information with social media platforms.
- Information From Other Sources: We may combine information you provide with information from outside sources.
- Mobile Information: We may collect additional information from you if you access our Site through a mobile device (e.g. your unique device identifier, your device’s operating system, or the mobile carrier for your phone).
- Technical Usage and Tracking Information: We and others may use tracking technologies (including cookies) on our Site for customization and analytical purposes, including participation in ad networks.
- Geolocation: We may identify and collect information about your specific location.
- Uses and Retention We use information to operate our Site, provide our services, to contact you, and for other purposes as allowed by law.
- Disclosure of Information We may share your personal information and other information we collect with the following entities: (a) our affiliates and partners; (b) our regulators and service providers; (c) other entities with your consent; (d) legal advisors and law enforcement; (e) others if there is a change of control; (f) ad networks; and (g) companies in the mobile app industry.
- Your Choices for Controlling and Accessing Your Information If you are a registered user, you can update your account information by logging in. You may be able to control technical information we receive from your device or browser (such as cookie or location information) by modifying your browser or device settings. You may opt-out of receiving promotional emails from us by following the link included within such messages.
- “California Privacy Rights If you are a California resident, you may request information about our practices related to disclosing your personal information. We do not respond to browser Do Not Track signals.
- Security We maintain security controls designed to protect your personal information, but we cannot guarantee the security of the information we collect and store.
- Children’s Privacy The Site is not intended for children under the age of 13, but parents and guardians may provide travel information related to their children.
- Notice Updates We may post updated versions of this Notice on this Site.
- Contact UsYou may contact us with questions or comments regarding our privacy practices as follows:
Surf Airlines Inc.
1408 Third Street Promenade Suite 300
Santa Monica, California 90401
Email Address: email@example.com
We may collect information about your interactions with us or others, including personal information. We may collect and retain any information which you or your devices provide to us when you visit our Site.
Registration and Flight Information:
- You do not need to register an account with us in order to browse our Site, although certain services and functionality (such as the ability to book a flight) may only be available to our registered users. If you register for an account, we may collect information you choose to give us, such as your first and last name, home or other physical address, email address, zip code, telephone number or other contact information, payment card information, employer or corporate affiliation. By interacting with us or booking flights with us, we additionally learn information about your transaction details and history. When you make a purchase, book a flight, fly with us, or communicate with us, we may learn details about you such as: travel plans, disability or health information (such as may be required to provide accommodations or to provide assistance in case of a health incident during a flight), emergency contacts, dietary restrictions, weight information, gender and date of birth, age or age-range, redress number, travel preferences, purchase information, and other information relating to your travel. Similar information about you may be provided when others book a flight on your behalf.
- We may additionally gather information required to verify your identify, conduct a background check, or comply with government-mandated security requirements. This information may include your social security number, country of origin, passport, driver’s license, known traveler number, or other government-issued identification.
- Information Relating to Your Requests: We gather information you provide when you contact us, if you respond to or click on links in messages we send you, or if you review or comment on our products or services. Details of how you can opt-out of receiving promotional communications from us are detailed in the section headed “Your Choices” below. If you choose to participate in activities such as contests, sweepstakes, questionnaires, surveys, or product reviews, Surf Air will collect the personal information that you provide. If you win a contest, sweepstakes or similar offering, you may be asked to provide a tax identification number or social security number.
- Social Media Information: Our Site may embed plugs-ins, widgets or other apps of various social media platforms, such as Facebook, Twitter, LinkedIn, Pinterest, Instagram, and YouTube. An example of such a plug-in is Facebook’s “Like” button. By including these plug-ins, widgets, or other apps on our Site, your internet browser may make a direct connection to the social media platform’s service and may share with the social media platforms information such as that you have visited our Site.
Surf Air may have a presence on social media platforms such as Facebook, Twitter, and LinkedIn. Your participation with the services provided on social media platforms is voluntary. If you have an account with these or other third party social media platforms, we may receive additional information from that platform about you, such as your user name, stated location, date of birth, profile information, and interactions you have had on that third party social media platform. The personal information we may have access to vary by social media platform and may be controlled by privacy settings on that platform and your choices.
- Information From Other Sources: We may obtain information about you from partners and other third parties. This information may include information about your use of this Site or our services (including travel details provided from a third party, such as another carrier, or a car service or hotel), your use of other websites, your interests and preferences and other information about you or your household. We may combine the information we obtain from third parties with information that we have collected about you. We may receive information from government regulators, or from third parties we use to conduct background checks.
- Mobile Information: We may collect additional information from you if you access our Site through a mobile device (e.g. your unique device identifier, device’s operating system, mobile carrier, location or GPS/geo-location). We may collect information necessary to send you push notifications, SMS text or other mobile messaging.
- Technical Usage Information: When you visit our Site, we collect usage information sent to us by your computer, mobile, or other access device that tells us how you are using the Site (“usage information”).We use tracking technologies (including cookies (including cookies stored in HTML-5), web beacons/GIFs, embedded scripts, e-tags/cache browsers) to collect usage information.
We may also collect password information from you when you log in, as well as computer and/or connection information.During some visits we may use software tools to measure and collect session information, including page response times, download errors, time spent on certain pages and page interaction information.
To learn more about how we use tracking technologies and cookies, see our Cookies and Tracking Technologies Policy available on the Site.
- Geolocation Information: When you visit the Site, we may collect information about your specific location (such as GPS or similar precise location information).
Uses and Retention
We and others acting on our behalf may use the information we gather to operate our business, including managing our Sites, and for other purposes as allowed by law.
- Operate Our Business and Site: We may use the information collected to (i) operate our Site and services, including providing flights or other transportation services; (ii) provide services, support and assistance that you request, or attempt to resolve complaints; (iii) personalize your experience by providing content on the Site, including targeted messaging or advertising that we believe may be of interest to you; (iv) improve the Site or our services, including developing new products or services; (v) provide you access to your account, and otherwise operate our business.
- Analyze and Aggregate Information:We use the information we collect to analyze the use of our Site and services, and to help us understand user behavior better. In addition, we may aggregate information about our users and prepare aggregated reports. In addition to analyzing Site usage information, we may analyze ad conversion events, or click-thru information related to emails or messages.
- Advertising and Promotions: We may use the information we gather to offer, provide, or personalize products and services from us and third parties, and for other promotional purposes. For example, we may customize content, advertising, promotions and incentives to reflect your preferences, interests, or prior interactions with us and others. From time to time, we may operate sweepstakes and other special promotions, [or offer special rewards or other incentive programs.] We may also send you offers on behalf of selected affiliates.
- Other Communications: We may use your information to contact you through telephone, text, push notification, email, direct mail, or via other means as permitted by law.
- Prevent Fraud and Meet Legal Requirements: We may use and share the information we gather to protect and enforce our rights and those of our partners, affiliates, customers and members of the public, including preventing fraud, theft, and injury to you, us or others. We may use and share the information we gather to comply with legal requirements, legal process, and legal advice, and as required by government regulators.
Information collected on the Site may be shared in the following ways:
- Corporate Affiliates: We may share the information we collect about you with the Surf Air corporate family, including Surf Air and our affiliates and subsidiaries. The information may be disclosed to: (i) provide joint content and our services (e.g., registration, transactions, analytics and customer support); (ii) help detect and prevent potentially illegal acts, violations of our policies, fraud and/or data security breaches; and (iii) develop new services and otherwise guide decisions about our, Surf Air or a third-party’s products, sites, applications, services, tools and communications.Members of our corporate family may use this information to send you marketing communications. You will have the opportunity to opt-out of marketing email communications.
- Service Providers and Other Third-Parties: We may share information with third party service providers who help us operate our business or provide services to us or on our behalf, including other airlines or third party charter operators. We may also share information with third parties to help us promote our products and services, or to help us customize advertisements, offers, or other communications to you. We may share information with companies in the mobile app industry (such as carriers, operating system and platform developers, and app stores). On occasion, our business partners may offer you additional products or services that may be of interest to you.
If you purchase or use our products or services through a program sponsored by a third party, or if you make book flights through a corporate account, we may share your information with that third party, such as an employer or other group.
- Other Persons or Entities with Your Consent: We may share information with third parties if you consent. For example, if you book a flight and include guests on your booking, we may share the flight information with those guests.
- Legal and Law Enforcement: We may share information with our regulators, law enforcement, governmental agencies, or other authorized third-parties as required by law, in response to requests relating to a criminal investigation or alleged illegal activity, or to prevent fraud or injury to you, us, or others. These disclosures may include disclosures to perform charge verifications or to report or collect debts. We may share your information with third parties in response to a subpoena, other legal process or advice, and/or as permitted by law. Security regulations related to air travel may require us to share information about your identity, travel plans, travel history, and other information with regulators, law enforcement, and security personnel [in the U.S. or other countries].
- Business Transfers: We may share information we have gathered in connection with the sale or merger of all or a part of our business or the transfer of assets.
- Ad Networks: We may share information with analytics companies and advertising networks, including those that provide Data Technologies on our site. On the Site, we may work with third-parties to serve advertisements, provide us with data collection, reporting, ad response measurement, site analytics, assist with delivery of relevant marketing messages and advertisements. These third-parties may view, edit or set their own tracking technologies/cookies. The use of these technologies by these third-parties is subject to their own privacy policies and is not covered by this Notice. They might also obtain information about other applications that you have downloaded to your mobile device, the mobile websites you visit and other information about you or your device in order to analyze and serve targeted advertising on the Site and elsewhere.
You may limit and control the information provided to us in a number of ways. You may not be able to use all features of our Sites if you limit the information you share with us.
You may unsubscribe from promotional emails from us by following the unsubscribe link included in each such email. You may not opt-out of administrative emails (for example, emails about your purchases or other transactions with us) for your registered account. You can opt out of text messages from us by replying to a text from us with “STOP.”
You may opt-out of all continuing collection of information from our mobile app by uninstalling that application from your mobile device. However, this will not restrict information collected from our website if you access our website from your mobile device.
You may be able to prevent social media platforms from sharing information with us by not using such platforms or by modifying your privacy settings on such platforms. You should review the privacy and other policies of such platforms to understand how they may share your information with us, and how you can limit that use.
For more information about certain third-party advertising networks who may operate on our Site and your ability to opt-out of certain targeted advertising, please visit http://www.networkadvertising.org/choices/. Opt-outs may not apply to all advertising or all kinds of promotional messaging. Opting out may not prevent the collection of usage data for certain purposes (e.g., research, analytics and internal online services operation purposes).
Accessing, Reviewing, and Changing Your Personal Information
Notice to California Residents
As required under California law, residents of the State of California may request a list of all third-parties to which our Site has disclosed certain personal information (as defined by California law) during the preceding year for those third-parties’ direct marketing purposes. If you are a California resident and want such a list, please contact us at firstname.lastname@example.org, or at:
Surf Airlines, Inc.
1408 Third Street Promenade Suite 300
Santa Monica, California 90401
For all requests, you must put the statement “Your California Privacy Rights” in the body of your request, as well as your name, street address, city, state, and zip code. In the body of your request, please provide enough information for us to determine if this applies to you. You need to attest to the fact that you are a California resident and provide a current California address for our response. Please note that we will not accept requests via the telephone, mail, or by facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information.
As of the Effective Date listed above, there is no commonly accepted response for Do Not Track signals initiated by browsers. Therefore, we do not respond to such signals or to other mechanisms that provide the ability to exercise choice regarding the collection of personally identifiable information regarding your online activities over time and across third party websites or online services.
We use administrative, technical, and physical security designed to safeguard personal information in our possession, but we cannot guarantee the security of the information that we collect and store. If you believe that information about you has been subject to unauthorized disclosure, please let us know by emailing email@example.com. It is your responsibility to make sure that your personal information is accurate and that your password(s) and account registration information are secure and not shared with third-parties.
Surf Air does not knowingly collect personally identifiable information online directly from children under the age of 13. However, due to the nature of our services, Surf Air may collect information – including personal information – about children under the age of 13 (from a parent or legal guardian), such as that required to make travel arrangements, or as otherwise necessary for Surf Air to provide its products, services, or support.
If you learn that your child has provided us with personal information online without your knowledge, you may contact us via the “Contact Us” section below and request that we delete this information from our records.
Notification Regarding Updates
From time to time, we may update this Privacy Notice. When we make material changes to this Notice, we will update this web page and change the Effective Date listed above. You agree that we may notify you about material changes in the way we treat personal information by placing a notice on the Site. You should check the Site frequently for updates.
If your questions are not answered online, you may email us at firstname.lastname@example.org, or contact us at:
Surf Airlines, Inc.
1408 Third Street Promenade Suite 300
Santa Monica, California 90401
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 Airlines, Inc. d/b/a 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.
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, SURF AIRLINES, ALL-YOU-CAN-FLY, and AIR WITHOUT THE LINES are trademarks or registered trademarks of Surf Airlines Inc. in the United States and/or certain other countries.
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.
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.
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.
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
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 email@example.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.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You.
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 Airlines, Inc.
1408 Third Street Promenade Ste. 300
Santa Monica, California 90401
Email Address: firstname.lastname@example.org
Telephone number: (888) 704-2582
SURF AIRLINES, INC. 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.
1) Cookies and Tracking Technologies We Use
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:
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 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.
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:
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 Airlines, Inc. Membership Agreement and Contract of Carriage
Effective Date: June 14, 2016
Membership and travel with Surf Airlines Inc. (“Surf Air”) is subject to the terms and conditions contained in this Membership Agreement and Contract of Carriage, the Membership Plan Terms (defined below), the membership application or other written correspondence regarding the pricing and terms of membership (the “Application”) and such additional rules, terms and conditions as are presented on Surf Air’s website or published in Surf Air’s schedules and any ticket or ticket-less travel authorization (collectively, the “Agreement”). This Agreement applies to and governs Surf Air flights only. No agent, servant or representative of Surf Air has authority to change or waive any provision of this Agreement, unless authorized in writing by a corporate officer of Surf Air. Unless otherwise prohibited by law, this Agreement constitutes the entire agreement between Surf Air and passengers or the party on behalf of whom this Agreement was entered.By initiating a membership (the “Membership”), the person or entity initiating the Membership (hereafter the “Member”) agrees to the terms set forth herein.The “Membership Term” commences on the date that a Member is permitted to begin booking flights on Surf Air (“Service Commencement Date”) and continues until cancelled as provided herein.
(II) Surf Air Membership Agreement
(A) Membership Benefits and Responsibilities
(1) Membership Benefits – Membership benefits are determined by the Membership plan you select as specified in the Application (“Membership Plan”) and as further set forth in the Membership Plan terms and conditions (“Membership Plan Terms”). You acknowledge receipt of your Membership Plan Terms.Please contact email@example.com for your Membership Plan Terms or any inquiries related thereto. As applicable, an individual listed for membership and flight benefits is referred to herein as a “Listed Member” and is entitled to the same flight benefits for that Membership Plan. Surf Air Memberships are non-transferable. Surf Air has the right to add, modify, or eliminate any membership benefits, including scheduled flights, destinations, routes and other related benefits or services at any time with or without notice, in its reasonable business discretion. Surf Air is not liable for any Membership refunds or costs incurred by a Listed Member or Member resulting from any such modification or cancellation.
(2) Adding and Removing Listed Members – For certain Membership Plans, during the Membership Term, Surf Air 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—may not be applicable to all Membership Plans. Please contact firstname.lastname@example.org for your Membership Plan Terms. Removal of an individual as a Listed Member requires thirty (30) days advance written notice to email@example.com prior to any changes taking effect.
(3) Upgrades and Downgrades –For certain Membership Plans, during the Membership Term Surf Air may allow a Member to upgrade or downgrade their Membership Plan by changing their flight pass tier level as set forth in the Membership Plan Terms.Please see Membership Plan Terms for details—may not be applicable to all Membership Plans. Please contact firstname.lastname@example.org for your Membership Plan Terms.All downgrades require thirty (30) days advance written notice to email@example.com prior to any changes taking effect.
(4) Flight Passes –A “Flight Pass” is a paperless ticket used to book each Surf Air flight. Please see Membership Plan Terms for details—Flight Passes may not be applicable to all Membership Plans. Please contact firstname.lastname@example.org for your Membership Plan Terms.
(5) Responsibility for Listed Members and Guests – Members will ensure that their Listed Members (as applicable) and/or any guests that may accompany a Member through the use of a Guest Flight (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, and charges for damage to Surf Air or other property caused by Listed Members and Guests.See Section 3 below for more information regarding Guest travel.
(6) Member Policies – Listed Members and Guests shall at all times comply with all Surf Air terms, conditions, and policies, such as procedures for flight reservations, wait lists, Guest Flights, baggage, and flight cancellation policies and penalties as well as Surf Air’s Contract of Carriage. Members agree that Surf Air may, in its discretion, change these terms, conditions, policies, and procedures at any time.
(B) Guest Flights
(1) Guest Flight Benefits – Surf Air offers guest flights available for purchase by Members subject to the terms of the Application, Membership Plan Terms and applicable pricing.A “Guest Flight” allows an individual, other than a Member or Listed Member, to travel under the Membership on a limited basis. Any such Guest Flights are subject to the terms and conditions of this Agreement, including Surf Air’s Contract of Carriage, and any other limitations or regulations published by Surf Air in conjunction with and applicable to Guest Flights. Surf Air reserves the right to refuse service to any Guest at any time, in its sole discretion.
(2) Guest Flight Restrictions – Any purchased Guest Flights do not expire and may be used at any time during the Membership Term.Guest Flights issued in any other manner by Surf Air, are valid for three (3) months after the date of issuance. Guest Flights may be used on any scheduled Surf Air flight subject to seat availability. Guests are required to pass a background check before flying on Surf Air. A background check may take at least five (5) business days to process. All Guest Flights are subject to the same terms and conditions for Members, including, but not limited to, the standard cancellation and penalty policies. Members will incur the standard penalty for late cancellation (cancellation policy as further set forth below) if a Member’s Guest cancels within the penalty period and the Guest Flight will become invalid and unable to be reused. Guest Flights not purchased by Member, but issued in another manner by Surf Air, may not be used for travel by the Member or any Listed Member, however any Guest Flights purchased by Member may be used for travel by the Member or any Listed Member.
Presales, formerly “Holds” or “Deposits” (collectively “Presale”), allow persons interested in a Membership to pay a Presale deposit (the “Deposit”) and delay their Service Commencement Date to a date set forth in the Application.A Presale guarantees the Membership price offered on the date the Deposit is paid so long as Membership is activated within the timeframe established by Surf Air at the time Presale occurs.Presales are offered solely for (1) current Surf Air cities or routes (“Current Presale”) and (2) future Surf Air cities or routes (“Future Presale”).
(1)Current Presale – Current Presale cities or routes include those that have been announced, but are not yet in operation.Current Presales require the following information: Membership type, pricing series, number of flight passes, Activation Date, desired city or route, and non-refundable Deposit.The Activation Date must be within ninety (90) days of paying the non-refundable Deposit.Upon activation the Deposit will be applied toward the Initiation Fee (defined below).Once the non-refundable Deposit is paid in full, flight passes will be available in Member’s account to book Surf Air flights scheduled on or after the Activation Date.The Activation Date may be changed once (prior to activation) and requires thirty (30) days advanced written notice.
(2) Future Presale – Future Presales require the following information: Membership type, pricing series, desired city or route, and refundable Deposit. A Future Presale guarantees a Membership if the desired city or route becomes available regardless of availability of Memberships on the Activation Date.The Deposit is refundable at any time before the public launch of the desired city or route by contacting email@example.com.The Activation Date must be within ninety (90) days from the date that the desired city or route becomes available to book.Once an Activation Date is set, the Deposit is automatically applied toward the Initiation fee.
(D) Third Party Products and Services
(1) Third Party Benefits – Surf Air may offer benefits provided by a third party (“Third Party”) to Members. Third Parties include, but are not limited to: all airport facilities, courtesy car, car rental agencies, ground transportation providers, shipping or transportation services, and parking services. Surf Air makes no guarantees or warranties regarding these Third Parties and benefits and such benefits may change or end during the Membership Term.
(2) Third Party Fees – Surf Air may occasionally promote or offer for sale to Members or Listed Members goods or services provided by a Third Party. All fees for Third Party products or services purchased by a Member or a Listed Member (“Third Party Fees”) are the responsibility of the Member or Listed Member respectively.
(3) Third Party Policies and Liability – Member and Listed Members are responsible for verifying and abiding by all Third Party rules and policies. Third Parties are neither agents nor employees of Surf Air or its affiliates. Members, Listed Members and Guests agree that Surf Air and its affiliates are not liable for the acts, errors, omissions, representations, warranties, breaches, or negligence of any Third Party or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. This includes all liability for damage to a Member, Listed Member or Guest’s vehicle while parked in any parking area or otherwise in the care of any Third Party.
(4) Agency Agreement for Las Vegas Flights – Member, and any associated Listed Member or Guest, authorizes Surf Air, as its agent, to arrange flights between California and Las Vegas, NV to be operated by Advanced Air LLC, an FAA certificated Part 135 air carrier and DOT registered Part 298 air taxi operator. Surf Air does not currently operate flights outside of the State of California.
(E) Membership Fees and Billing
(1) Billing – Surf Air will automatically bill the Member using the billing information provided by the Member to Surf Air for all amounts due, including the Initiation fee (“Initiation Fee”) Membership Plan fees (“Membership Fees”) and any Third Party Fees (altogether, the “Fees”), unless another payment method has been arranged with Surf Air. Fees are due to Surf Air on a schedule as set forth in the Membership Plan Terms, typically to be paid on the monthly anniversary of the Service Commencement Date. Please contact firstname.lastname@example.org for your Membership Plan Terms. Surf Air reserves the right to change the Membership Fee upon the one (1) year anniversary of the Service Commencement Date and will notify the Member of such change at least thirty (30) days prior to such change taking effect. Surf Air does not permit prepayment of any Fees.
(2) Suspension of Membership – Surf Air reserves the right to suspend a Membership if payment of the Fees is declined (“Membership Suspension”). Membership shall be suspended until such time that Member provides a valid payment method and all Fees due to Surf Air have been received.
(3) Dormancy – Dormancy status may be permitted for Members depending upon your Membership Plan.Please contact email@example.com for your Membership Plan Terms. If permitted by your Membership Plan, by electing Dormancy status, in lieu of remitting your Membership Fees, you will be billed a “Dormancy Fee” (as further set forth in your Membership Plan Terms), for up to three (3) consecutive months per calendar year (“Dormancy Term”) to temporarily de-activate your Membership. During a period of Dormancy, you will be unable to book or fly on Surf Air flights and aircraft, 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 Air accordingly.All Dormancy requests require thirty (30) days advanced written notice to firstname.lastname@example.org prior to any changes taking effect.
(F) Cancellation of Membership
(1) Cancellation of Membershipby Member – Unless otherwise stated in the Membership Plan Terms, to cancel a Membership, the Member must provide thirty (30) days written notice to Surf Air at email@example.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 expiration of the applicable commitment period (as further set forth in the Member’s Membership Plan Terms) during which the Cancellation Notice Requirement is met, as applicable, and only upon acknowledgment by Surf Air of receipt of 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.
(2) Cancellation or Suspension of Membership by Surf Air – Surf Air reserves the right to cancel or suspend the Membership of any Member, including the Membership of any Listed Member(s), immediately upon notice to the Member at Surf Air’s sole discretion and for any reason, including but not limited to Surf Air’s belief that a Member’s or the Listed Member’s continued use of such Membership would violate any provisions of the Agreement or applicable law.
(1) Accuracy of Information – The Member represents that all information provided in the Application is true, accurate, current, and complete. The Member further agrees that s/he will notify Surf Air 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 this 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 this 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 this Agreement.
(3) No Sales or Transfers – Member acknowledges and agrees that it may not trade, sell, or otherwise transfer its Membership to any other party, except with the prior written consent of Surf Air. This consent may be withheld in Surf Air’s absolute and sole discretion. Members and Listed Members may not receive payment from any other individual to appear, remain, or be added to the Membership as a Listed Member, or otherwise sell Memberships or Guest Flights under its Membership.
(4) Background Checks – The Member agrees and consents to periodic background checks on any Member, Listed Members and Guests at any time during the term of this Agreement and prior to any such individual’s travel on a Surf Air flight.The Member acknowledges and agrees that in so doing, Surf Air may require that Members, Listed Members and Guests provide additional information, and may share all or a portion of such information with third party vendors for the purpose of conducting the background check. Surf Air warrants that it will maintain the confidentiality of information provided by Members, Listed Members and Guests as required by law. Background checks may take at least five (5) business days to process.
(5) Choice of Law – This Agreement will be governed in all respects by the laws of the United States and the State of California without regard to their respective conflicts of laws rules.
(6) 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:
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;
the proceeding will be held in Santa Monica, CA;
the arbitrator will decide the assignment of the costs of the arbitration based on allocation of fault;
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
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.
(7) Right to Change Agreement – Surf Air reserves the right, based on reasonable business needs and to the extent not prohibited by federal law, to change, delete, or add to any of the terms of this Agreement, including the documents referenced and incorporated, without prior notice.
(H) Contact Us
Surf Airlines Inc.
1408 Third Street Promenade, Suite 300
Santa Monica, CA 90401
Email Address: firstname.lastname@example.org
(III) Surf Air Contract of Carriage
Travel with Surf Air is subject to the Agreement which, for purposes of clarification, includes the following terms and conditions, in addition to the Member Agreement as set forth above, any terms and conditions printed on or in any ticket or ticket-less travel authorization, specified on Surf Air’s website, or published in Surf Air’s schedules. By accepting transportation from Surf Air, all Surf Air passengers agree to be bound thereby.
(A) Background Checks
Surf Air reserves the right to require the completion of, and may at any time perform, a background check before providing transportation to its passengers. Passengers may be required to provide personal information such as a social security number in connection with this background check. Surf Air will protect the confidentiality of its passengers’ personal information as required by law. Background checks may be performed by a third party and in accordance with such third party’s policies and procedures. A passenger’s acceptance of this Agreement and delivery of the passenger’s personal information constitutes consent to Surf Air performing a background check. Surf Air 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.
(B) Passengers and Baggage
Passengers should expect to comply with both Surf Air and the United States Department of Homeland Security Transportation Security Administration (the “TSA”) guidelines.Passengers and their baggage may be subject to random inspection by Surf Air personnel, third party security agents or employees of the TSA. Inspections may be conducted by hand or electronic device, with or without the passenger’s consent or knowledge.Additional screening may be required even if an item is generally permitted.Surf Air reserves the right to decide whether to allow an item on the aircraft.Passengers failing to consent to searches requested by Surf Air or the TSA will be denied boarding and may be reported to the proper authorities.
(C) Refusal to Transport
Surf Air will refuse to transport, or will remove from an aircraft at any point, a passenger and/or their baggage in any of the following circumstances:
(1) Safety and Government Request or Regulation – As necessary for reasons of aviation safety; to comply with any Federal Aviation Regulation, other applicable government regulation, or any governmental request for emergency transportation in connection with the national defense; or whenever such action is necessary or advisable by reason of weather or other conditions beyond Surf Air’s control (including, without limitation, acts of God, force majeure, strikes, civil commotions, embargoes, wars, hostilities, or disturbances, whether actual, threatened, or reported).
(2) Search of Person or Property – The passenger refuses to permit the search of his or her person or property.
(3) Proof of Identity – The passenger refuses or fails upon request to produce valid, government-issued photo identification.
(4) Comfort and Safety – For the comfort or safety of such passenger or other passengers, where the passenger falls in any of the following categories:
a) Persons whose conduct is or has been known to be disorderly, abusive, offensive, threatening, intimidating, or violent;
b) Persons whose conduct is, or exhibits indications of becoming, a danger or threat to flight safety;
c) Persons who are barefoot, unless necessitated by a disability, or otherwise in an inappropriate state of undress;
d) Persons who are unable to occupy a seat unassisted with the seat belt fastened, or whose body weight exceeds load limits specified by the aircraft manufacturer;
e) Persons who appear to be intoxicated or under the influence of drugs;
f) Persons who are suspected of having a contagious disease that poses a direct threat to the health and safety of other passengers and crew;
g) Persons who refuse to comply with instructions given by Surf Air employees or representatives;
h) Persons soliciting items for sale or purchase;
i) Persons who have an offensive odor, unless that odor is caused by a qualifying disability;
j) Persons who wear or have on or about their persons concealed or unconcealed deadly or dangerous weapons, except as permitted in Section N below;
k) Persons that are in restraints and/or in the custody of law enforcement personnel;
l) Persons who have resisted escorts or escorted persons who express to Surf Air employees an objection to being transported on the flight;
m) Persons who have misrepresented a condition, which becomes evident upon arrival at the airport, and the condition renders the passenger unacceptable for carriage;
n) Persons requiring special medical equipment that is not authorized or cannot be accommodated on Surf Air aircraft including, without limitation, medical oxygen for use onboard the aircraft, incubators, respirators, ventilators, continuous positive airway pressure machines or portable oxygen concentrators, or stretchers;
o) Persons who are unable to safely board the aircraft and traverse the aisle to their seats without assistance and without causing injury to themselves or others;
p) Persons who are unwilling or unable to abide by Surf Air’s non-smoking rules; or
q) Persons who are pregnant and expecting delivery within ten (10) days unless, the person provides a doctor’s certificate, dated within seventy two (72) hours of departure, stating that the doctor has examined and found the person to be physically fit for air transportation. Further terms applicable to pregnant passengers are set forth in Section D below.
r) Persons who cannot be transported safely for any reason.
The Flight Pass of any passenger refused passage or removed enroute under the provisions of this section may be returned to passenger’s Surf Air account, at Surf Air’s sole discretion. Such a refund shall be the sole recourse of any passenger refused passage or removed enroute. UNDER NO CIRCUMSTANCES WILL SURF AIR BE LIABLE TO ANY PASSENGER OR REFUSED PASSENGER FOR ANY TYPE OF INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES.
(D) Pregnant Passengers
Pregnant passengers are urged to consult with their physicians regarding the safety of air travel during pregnancy, giving special consideration to complications caused by the possibility of turbulence, cabin pressurization, significantly increased risk of deep vein thrombosis associated with pregnancy, and lack of ready access to medical care. By traveling with Surf Air, pregnant passengers acknowledge and accept all risks associated with travel during pregnancy.
No person shall be entitled to transportation on a Surf Air flight or aircraft except with a valid reservation in Surf Air’s booking system (“Reservation”). No Reservation shall be considered valid until Surf Air has received payment of all applicable fees in full and has confirmed such Reservation with passenger. Such Reservation shall entitle the passenger to transportation only between the points of origin and destination of the confirmed Reservation. Surf Air reserves the right to refuse carriage to any person who has acquired a reservation in violation of applicable law or Surf Air’s rules and regulations.
(1) Check In and “No Shows” – Passengers must check in with the appropriate Surf Air 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.” If a passenger is a No Show, they will be unable to board the Surf Air flight and may also incur a penalty to their Surf Air account as further set forth in the Membership Plan Terms for the Membership Plan selected.Surf Air will refuse to honor any reservation when such action is reasonably deemed to be necessary to comply with applicable governmental regulations or requests.
(2) Flight Cancellations and Changes – Surf Air permits you to change or cancel flights at any time, subject to these terms and the terms set forth in the Membership Plan Terms. For reservation cancellations on flights that are full at the time of such cancellation and if Member cancels within twenty-four (24) hours of scheduled departure Member will lose the use of a Flight Pass for such period of time as set forth in the Membership Plan Terms. Please note, delayed flights are exempt, and Members retain the ability to change to an earlier or later departure on the same day, on the same route without penalty.
(F) Parking and Ground Transportation
Surf Air does not assume responsibility for the parking of vehicles or the ground transportation of any passengers or their baggage. Surf Air may, at its sole discretion, offer or promote parking or ground 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 ground transportation that they chose to accept. Surf Air assumes no responsibility, and all passengers waive any claims against Surf Air, relating to or in connection with any parking or ground transportation that may be offered in connection with Surf Air’s services.
(G) Carriage of Children
Children Under 16 – Children under age sixteen (16) may only travel on Surf Air when accompanied by a passenger aged eighteen (18) or older. Surf Air will not accept for carriage any unaccompanied children under age sixteen (16).
Children Under 2 – Children under age two (2) must be secured in their own separate seat using an FAA-approved child restraint device. No lap children are permitted on Surf Air flights. Children may not be placed in booster seats, restraint vests, restraint harnesses and other devices not meeting the FAA requirements set forth above.
Newborns – Surf Air will not provide transportation services to any infant fourteen (14) days of age or younger, unless an attending physician approves such infant for air travel in writing prior to scheduled departure.
It is the responsibility of the child’s parent or accompanying adult to ensure that any restraint device functions correctly, that the child is adequately secured by the device, that the child’s weight does not exceed applicable limitations and that the device has been properly secured to the aircraft seat.
(H) Permissible Baggage
Baggage tendered for transportation either as checked baggage or personal items carried on board the aircraft is subject to inspection for security and safety reasons. Passengers and their baggage are subject to inspection with or without the passenger’s consent or knowledge. Baggage is limited to thirty (30) pounds with outside measurements (i.e., the sum of the greatest outside length plus the greatest outside width plus the greatest outside height) no greater than forty-four (44) inches. Odd-sized baggage or objects, such as skis, surfboards, and fishing rods, cannot be accommodated. Surf Air will refuse to accept baggage for transportation if it or its contents cannot withstand ordinary handling, be carried in the baggage compartment of the aircraft or if its nature, contents, or characteristics might present a security risk, cause injury or discomfort to passengers or Surf Air employees, or cause damage to the aircraft, other equipment, or other baggage. Surf Air will not transport baggage containing live animals in the cargo area of the aircraft (see Section N regarding Carriage of Animals). Each piece of baggage tendered to Surf Air for carriage must have affixed thereto a current identification tag or label with the passenger’s name, address, and telephone number.
Prohibited and Potentially Prohibited Items
Federal law prohibits hazardous materials from being included in either checked or personal items. Items such as explosives, compressed gases, oxidizers, corrosives, flammable liquids and solids, loaded firearms, radioactive materials and poisons are considered hazardous. Some common examples of prohibited items include paints, mace/tear gas, lighter fluid, oxygen bottles and fireworks. Other prohibited or potentially prohibited items include:
(1) Controlled Substances, Drugs and Marijuana – Surf Air does not permit controlled substances and drugs, including marijuana, to be transported on its flights or aircraft.Although California has legalized marijuana for medicinal purposes, federal law considers marijuana a controlled substance regardless of whether it is considered legal under state law for medical or recreational purposes.Any attempt to transport marijuana on a Surf Air flight or aircraft may result in immediate suspension or cancellation of your Membership, inability to travel on a Surf Air flight or aircraft and may be referred to law enforcement, as determined in Surf Air’s sole discretion.
(2) Hoverboards – Hoverboards or self-balancing scooters are prohibited on Surf Air flights or aircraft.These devices have the potential to ignite and catch fire, posing a serious safety concern.This prohibition includes devices that have the battery removed.
(3) Firearms – Passengers may not transport firearms on any Surf Air flight or aircraft, whether as checked baggage or as a carry-on item, unless the passenger carrying the firearm is an active law enforcement officer carrying applicable valid identification and carrying the firearm in compliance with the requirements of 49 CFR § 1544.219(a)(1)-(3).
(4) Fragile and Perishable Items – Surf Air may, but is not obligated to, conditionally accept previously damaged, improperly packed, fragile, or perishable items for carriage as checked baggage subject to the passenger’s assumption of risk for damage to or destruction of such items.If Surf Air does accept such goods for transportation, in the case of domestic transportation it reserves the right to require the passenger to sign a limited release with respect to such goods. In the case of domestic transportation, Surf Air shall not be responsible for loss, damage or delay of such fragile items whether or not such a limited release has been signed by the passenger.
(I) Permissible Carry-on Items
Only small personal items, such as tablets, computers, reading materials, food or beverage for consumption during the flight, and outer garments, are permitted in the passenger cabin of the aircraft, provided that such items can fit securely in a seat pocket and are not harmful or dangerous to other passengers, the flight crew, or the aircraft. Personal items must be securely stowed in the seat pocket or held by the passenger, and may not be placed on the floor of the aircraft during taxi, takeoff, and landing. These items are the sole responsibility of the passenger. Claims for lost, forgotten, or stolen personal items will not be accepted by Surf Air.Due to the size of the aircraft operated by Surf Air, larger items such as laptop bags, backpacks, and most purses cannot be accommodated in the passenger cabin. As provided below (see Section N regarding Carriage of Animals) animals are not permitted on board Surf Air flights and aircraft. On any given flight, Surf Air reserves the right to further restrict the number of carry-on items as circumstances may require. Surf Air will refuse baggage articles or items that, for whatever reason, might create a risk of harm to the aircraft, its crew or its passengers.
(J) Acceptance of Baggage for Carriage or Storage
Surf Air will accept baggage from a passenger when tendered to Surf Air either immediately prior to boarding the aircraft or at an earlier time as may be authorized by Surf Air employees at the departure airport. Surf Air will not transport baggage checked by a passenger to a point beyond the destination indicated on the passenger’s reservation, to an intermediate stop or connection point, or on any flight other than the flight on which the passenger is scheduled to travel. Surf Air may refer passenger to the services of a third party baggage shipping service for shipping to another destination.Passenger is solely responsible for any third party baggage shipping fees and agrees that Surf Air shall not be liable for the loss of or damage to such baggage transported by a third party baggage shipping service.
(K) Baggage – Limitation of Liability
Surf Air’s 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 Air will be liable for personal property only for the period in which it is in the custody of Surf Air. Surf Air will assume no liability or responsibility for property carried onboard an aircraft by a passenger and retained in the custody of the passenger.Surf Air’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 Air be liable to any passenger for any type of special, incidental or consequential damages related to the damage, loss or delay of checked baggage.
Surf Air 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 that the damage was caused by Surf Air or occurred while the baggage was in Surf Air’s sole custody, and the passenger exercised reasonable effort to minimize the amount of damage as determined in Surf Air’ 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 Air 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 Air will make reasonable efforts to return carry-on items that have been left onboard an aircraft, Surf Air assumes no liability or responsibility for the loss of or damage to carry-on items.
Passengers are encouraged to carry any valuable items personally.These valuable items which Surf Air will not accept for carriage include: medicines, money, checks, securities, jewelry (including watches), wigs, cameras, video, audio and other electronic equipment (including computers, software or music devices), CDs, DVDs, automotive parts, boat parts, silverware, optical equipment (including contact lenses), dental and orthodontic devices or equipment, keys, negotiable papers, securities, business documents, samples, items intended for sale, paintings, antiques, artifacts, manuscripts, animal antlers, furs, irreplaceable books, writing instruments, heirlooms, collector’s items or publications and similar valuables contained in checked or unchecked baggage. In the case of domestic transportation, Surf Air reserves the right to require the passenger to sign a limited liability release before accepting any such items for transportation. In the case of domestic transportation, if any valuable items of the type described in this paragraph are lost, damaged or delayed, passenger will not be entitled to any reimbursement or compensation from Surf Air, whether or not a limited liability release has been signed by passenger.
If a wheelchair, mobility aid, or assistive device is lost, damaged, or destroyed while in Surf Air’s possession, Surf Air’s liability shall be the documented original purchase price of the wheelchair, mobility aid, or assistive device, without depreciation.
No claim for personal injury or death of a passenger will be recognized by Surf Air unless written notice of such claim is presented to Surf Air 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 Air unless preliminary written notice of such claim is presented to a Surf Air 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 Air 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 Air 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 Air unless commenced within six (6) months of Surf Air’s written denial of a claim, in whole or in part.
In all cases of injury or loss, Surf Air’s liability will be strictly limited to $10,000 per passenger.
IN NO EVENT WILL SURF AIR, ITS AFFILIATES, AND/OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH A PASSENGER’S USE OF SERVICES PROVIDED BY SURF AIR OR ITS AFFILIATES, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, REGARDLESS OF WHETHER SURF AIR, ITS AFFILIATES AND/OR THEIR RESPECTIVE PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(M) Passenger Behavior and Liability
Compliance with Instructions – While onboard Surf Air aircraft passengers shall act in a reasonable and responsible manner and must comply with the directions and instructions of the pilots in command of the aircraft.In addition, passengers must act in a reasonable and responsible manner while at any fixed based operator (“FBO”) or airport. Federal law prohibits smoking onboard Surf Air aircraft.
Passenger Liability – Passengers are liable to Surf Air for any damage caused to the aircraft or other property and for costs incurred by Surf Air due to the passenger’s medical or other emergency or the passenger’s inappropriate conduct, including costs to divert to a different destination.
(N) Carriage of Animals and Service Animals
Due to the safety of our passengers, including due to the limited cabin space of our business turboprop airplanes, Surf Air does not generally accept for transportation any pets or other animals. However, Surf Air will accept for transportation, without charge, trained service animals for travel with an individual with a disability requiring such animal to assist with the performance of necessary activities. Service animals will be accepted for transportation and be permitted to accompany the passenger in the cabin if they meet the following conditions:
(1) Service animals will only be accepted upon evidence that such animal is a valid service animal, including an item such as an identification card, the type of harness or markings on the harness, a tag, or other written documentation or credible assurances of the individual with a disability who presents himself/herself with such animal.
(2) Service animals must be properly harnessed or leashed, occupy the passenger’s lap (whether directly or in a carrier, kennel or other soft sided carrier) and remain under the passenger’s control at all times.
(3) Service animals may not obstruct an aisle or other areas that must remain unobstructed in order to facilitate an emergency evacuation.
(4) Service animals must weigh less than 15 lbs.
(5) Service animals will be denied boarding or removed from the flight by Surf Air if the animal cannot be contained by the passenger or otherwise exhibits behavior that poses a threat to the health or safety of other passengers or the flight crew.
(6) Surf Air will not accept certain unusual animals that pose unavoidable safety and/or public health concerns.
(7) Service animals must be approved in advance and documented with Surf Air Member Care at least 48 hours prior to the applicable flight and such documentation with Surf Air Member Care must be renewed every 12 months.
(8) In addition, passengers requesting to travel with an animal that is used as an emotional support or a psychiatric service animal will be required, in advance of any such flight, to furnish documentation to email@example.com, with such documentation subject to approval by Surf Air Legal, (i) set forth on the letterhead of a licensed mental health professional (e.g., psychiatrist, psychologist, licensed clinical social worker, including a medical doctor specifically treating the passenger’s mental or emotional disability), (ii) not older than one year from the applicable flight and (iii) stating the following:
(a) The passenger has a mental or emotional disability recognized in the Diagnostic and Statistical Manual of Mental Disorders-Fourth Edition (DSMIV);
(b) The passenger needs the emotional support or psychiatric service animal as an accommodation for air travel and/or for activity at the passenger’s destination;
(c) The individual providing the assessment is a licensed mental health professional, and the passenger is under his or her professional care; and
(d) The date and type of the mental health professional’s license and the state or other jurisdiction in which it was issued.
(O) Failure to Operate as Scheduled
Surf Air will attempt to transport passengers and their baggage promptly and as scheduled. Flight schedules, however, are subject to change without notice and Surf Air’s published schedules and reservations are not guaranteed. Surf Air will use its best efforts to promptly notify all affected passengers of planned or unplanned schedule changes and cancellations including, but not limited to, weather. At times, without prior notice to passengers, Surf Air may need to substitute other aircraft or airlines and may change, add, or omit intermediate or connecting stops. Surf Air cannot guarantee that passengers will make connections to other Surf Air flights or those of other airline. In the event a flight schedule changes, Surf Air will attempt to notify affected passengers as soon as possible using the contact information provided by the passenger.
(P) Oversold Flights
In the event of an oversold flight, we will first solicit volunteers to give up their seat.If volunteers cannot be found, we will have to involuntarily deny boarding to the last Member(s) and/or Guest(s) who booked the flight. Possible exceptions may be made at the sole discretion of Surf Air.If a passenger is involuntarily denied boarding, s/he may be entitled to receive non-monetary redress, at Surf Air’s sole discretion.
(Q) Compliance with Law and Governmental Regulations
All transportation is sold and all carriage is performed subject to compliance with all applicable laws and governmental regulations, including those of the U.S. Department of Transportation and the Federal Aviation Administration.Surf Air and all passengers are subject to all applicable laws and governmental regulations regardless of whether they are specified herein.
Surf Air does not permit controlled substances and drugs, including marijuana, to be transported on its aircrafts.Federal law considers marijuana a controlled substance regardless of whether it is considered legal under state law.
It is the passenger’s responsibility to obtain and have possession of all required travel documents. Surf Air assumes no responsibility for compliance by passengers with immigration and customs laws and regulations of each country from, through, or to which a flight is operated. Surf Air shall not be responsible for any information or assistance given to a passenger by any agent in connection with obtaining such necessary documents or complying with such laws and regulations, or any consequence to any passenger resulting from his or her failure to obtain such documents and comply with such laws and regulations.
(R) Modification of Contract of Carriage
Surf Air reserves the right, to the extent not prohibited by federal law, to change, delete, or add to any of the terms of this Contract of Carriage without prior notice. All changes must be in writing and approved by a corporate officer of Surf Air, and except as authorized by an officer of Surf Air in writing, no employee or agent of Surf Air has the authority to modify, waive, or alter any term of the Agreement or otherwise make commitments on behalf of Surf Air.
If, for any reason, any portion of the Contract of Carriage is determined by a competent authority to be void or unenforceable, then (a) that portion will have no effect, (b) the balance of the Contract of Carriage will remain in full force and effect, and (c) the Contract of Carriage 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.
Article titles and subheadings contained in this Contract of Carriage 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 Contract of Carriage.
(U) Conflict of Terms
In the event of a conflict between the 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 Air’s website, schedules or elsewhere, 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.
(V) Contact Us
Surf Airlines, Inc.
1408 Third Street Promenade, Suite 300
Santa Monica, CA 90401
Email Address: firstname.lastname@example.org