Surf Air 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 Air (“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 Air
1408 Third Street Promenade Suite 300
Santa Monica, California 90401Email Address: firstname.lastname@example.org
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 email@example.com, or at:
1408 Third Street Promenade Suite 300
Santa Monica, California 90401
For all requests, you must put the statement “Your California Privacy Rights” in the body of your request, as well as your name, street address, city, state, and zip code. In the body of your request, please provide enough information for us to determine if this applies to you. You need to attest to the fact that you are a California resident and provide a current California address for our response. Please note that we will not accept requests via the telephone, mail, or by facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information.
As of the Effective Date listed above, there is no commonly accepted response for Do Not Track signals initiated by browsers. Therefore, we do not respond to such signals or to other mechanisms that provide the ability to exercise choice regarding the collection of personally identifiable information regarding your online activities over time and across third party websites or online services.
We use administrative, technical, and physical security designed to safeguard personal information in our possession, but we cannot guarantee the security of the information that we collect and store. If you believe that information about you has been subject to unauthorized disclosure, please let us know by emailing firstname.lastname@example.org. It is your responsibility to make sure that your personal information is accurate and that your password(s) and account registration information are secure and not shared with third-parties.
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 email@example.com, or contact us at:
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 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, ALL-YOU-CAN-FLY, and AIR WITHOUT THE LINES are trademarks or registered trademarks of Surf Air in the United States and/or certain other countries.
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 firstname.lastname@example.org. 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
1408 Third Street Promenade Ste. 300
Santa Monica, California 90401
Email Address: email@example.com
Telephone number: (888) 704-2582
SURF AIR COOKIES AND TRACKING TECHNOLOGIES POLICY
Effective Date: June 14, 2016
We use a variety of technologies to help us better understand how you use www.surfair.com (the “Site”) and our services (collectively, “Surf Air”). You can find out more about these technologies and how to control them in the information below.This Cookies and Tracking Technologies Policy (the “Policy”) forms part of the Surf Air Privacy Notice (available at www.surfair.com/legal) and if some of the terms used in this Policy are not defined in this Policy, you may find the definitions in the Surf Air Privacy Notice.
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 Air Membership Agreement For Flights Operated by Encompass Aviation, LLC or Another Third-Party Operator
Effective Date: April 13, 2017
By subscribing to a Surf Air (“Surf”) membership (the “Membership”), the person or entity subscribing to the Membership (hereafter the “Member“) agrees to the terms and conditions set forth herein (this “Membership Agreement”). The “Membership Term” commences on the date that a Member is permitted to become a Member (“Service Commencement Date”) and continues until cancelled or terminated as provided in this Membership Agreement.
Membership with, and travel arranged by, Surf and any other product or service provided by Surf to its Members are subject to the terms and conditions contained in (a) this Membership Agreement, (b) the Encompass Contract of Carriage then in effect as set forth on the website of Encompass (as defined below) at http://encompassaviation.com/contract-carriage (the “Encompass’s Contract of Carriage”), or the contract of carriage of the Operator (as defined below) of the applicable flight, (c) the terms set forth in the applicable Member’s Membership application (the “Application“) or other written correspondence regarding the pricing and terms of Membership (“Membership Plan Terms”) and (d) such additional rules, terms and conditions as are presented on Surf’s website and any ticket or ticket-less travel authorization (collectively, the “Agreement“). No agent, servant or representative of Surf has authority to change or waive any provision of the Agreement unless authorized in writing by an authorized corporate officer of Surf. Unless otherwise prohibited by law, the Agreement constitutes the entire agreement between Surf and its Members and permitted guests.
The Membership Program (“Program”). Surf is a member-based travel arrangement service. Surf acts solely as agent for its Members in arranging transportation on the Members’ behalf. Surf only arranges air transportation with FAA certificated air carriers. Surf is not an operator of aircraft or an air carrier, nor does it hold out, offer, sell or provide air transportation. Surf procures scheduled air transportation and other services, such as ground transportation, aircraft catering, and airport parking, for its Members.
As one of the benefits of the Program, Surf, as Member’s agent, agrees to arrange transportation services for Member to be provided by third party aircraft operators holding an Air Carrier Certificate from the Federal Aviation Administration (each, an “Operator”) authorizing them to furnish air transportation services pursuant to Part 135 of the Federal Aviation Regulations (14 C.F.R. Part 135 (“FAR Part 135”)). Member understands that Surf is not an aircraft operator and arranges air travel and other services solely as a manager of the Program and as Member’s agent. For clarification purposes, “Private Aircraft Charter”, “Aircraft Charter”, “Private Charter”, and “Charter” refers to accessing, using, booking, arranging, or chartering an aircraft. Except when it is expressly stated that a flight is operated pursuant to a Public Charter Program, all travel arrangements are made pursuant to FAR Part 135 under the terms, restrictions and limitations reflected in this Membership Agreement.
Surf may provide access to its software including applications, websites, electronic social/commerce, marketplaces, and integrated communication tools, which form part of the Program, and are designed to enhance the user-experience, communications, service optimization, functionality and logistics of the Program (“Software”). Members can access and utilize such Program and Software only as stipulated and limited under the terms and conditions of this Agreement.
All flights arranged under this Agreement are operated by Encompass Aviation, LLC, an FAA certificated FAR Part 135 air carrier (“Encompass”), or another Operator, in each case which shall have exclusive direction, control and authority over initiating, conducting or terminating flights (“Operational Control”). Surf is not a FAR Part 135 air carrier and does not provide air carrier services. The Operator performing the flight will be subject to, but not limited to: flight time and duty time restrictions and airport limitations that may preclude or limit operations to certain airports and other applicable regulations and requirements. Member understands and agrees that the Operator shall have absolute discretion in all matters relating to the operation of the aircraft, including, and without limitation: the preparation of the aircraft for flight and the flight itself, the timing of the flight, the load carried and its distribution, the decision whether or not a flight is to be performed, the route to be flown, etc. Member expressly agrees that the Operator shall have final and complete authority to cancel any flight for any reason or condition that in its sole and absolute judgment could affect the safety of flight and may take any other action that, in its opinion, is necessitated by considerations of safety. No such action of the Operator shall create or support any liability for loss, injury, damage or delay to Member. In addition, the Operator shall have the right to refuse boarding to any person: (a) who appears to be intoxicated or under the influence of any illicit or controlled substance drug; (b) who refuses to be subject to any reasonable checks of his or her person or baggage by the Operator, or by government or airport authorities; (c) whose condition, including apparent illness or incapacity, in the sole judgment of the Operator would involve hazard or risk to himself, herself or others; or (d) who fails to provide proper identification in compliance with applicable laws. Please see the Encompass Contract of Carriage (or the applicable Operator’s contract of carriage) for additional terms and conditions imposed by Encompass (or the applicable Operator) for flights arranged under this Agreement that are operated by Encompass (or the applicable Operator).
Each Member, and any associated Listed Member or Guest, authorizes Surf, as its agent, to arrange flights to be operated by Encompass or another Operator. All such flights are subject to Encompass’s Contract of Carriage (or the applicable Operator’s contract of carriage), and each Member, Listed Member and Guest agrees that each flight taken pursuant to its Surf Membership is expressly subject to the Encompass Contract of Carriage (or the applicable Operator’s contract of carriage). Each Member, Listed Member and Guest further acknowledges and agrees that Surf will not itself operate any flights arranged and booked through Surf.
(II) Membership Agreement Terms and Conditions
(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. You acknowledge receipt of your Membership Plan Terms. Please contact firstname.lastname@example.org for your Membership Plan Terms or any inquiries related thereto. As applicable, an individual listed for Membership in the Application or designated by a Member thereafter is referred to in this Membership Agreement as a “Listed Member” and is entitled to the same flight benefits for that Membership Plan. Surf Memberships are non-transferable. Membership privileges are solely available to Member and cannot be lent, shared, transferred, assigned, leased or sold to or used by any third party, except as specified in this Membership Agreement. While Members can invite guests to join them on flights they arrange, each and every person traveling within the Surf system must be a Member or a Member-invited Guest. Surf does not hold out to the public, and Members cannot lend their account to someone else to book flights or access the Program. Surf has the right to add, modify, or eliminate any Membership benefits, including flights, destinations, and routes made available from Surf’s third party air carriers and other related benefits or services at any time with or without notice, in its reasonable business discretion. Surf 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 may allow a Member to add additional Listed Members to the Membership as set forth in the Application and Membership Plan Terms. See Membership Plan Terms for details —such additions may not be applicable to all Membership Plans. Please contact email@example.com for your Membership Plan Terms. Removal of an individual as a Listed Member requires thirty (30) days advance written notice to firstname.lastname@example.org prior to any changes taking effect.
(3) Upgrades and Downgrades –For certain Membership Plans, during the Membership Term Surf may allow a Member to upgrade or downgrade their Membership Plan by changing their flight pass tier level as set forth in the Membership Plan Terms. Please see Membership Plan Terms for details—upgrades and downgrades may not be applicable to all Membership Plans. Please contact email@example.com for your Membership Plan Terms. All downgrades require thirty (30) days advance written notice to firstname.lastname@example.org prior to any changes taking effect.
(4) Flight Passes –A “Flight Pass” is a paperless ticket used to book each flight made available to Surf Members by Encompass or another Operator. Please see Membership Plan Terms for details—Flight Passes may not be applicable to all Membership Plans. Please contact email@example.com for your Membership Plan Terms. The Flight Pass of any Member refused passage or removed enroute under the provisions of Section IV of the Encompass Contract of Carriage (or the provisions of the contract of carriage of another Operator) may be returned to Member’s Surf account at Surf’s sole discretion. Such a refund shall be the sole recourse of any Member refused passage or removed enroute.
(5) Cancellations and Changes – Members and Listed Members are permitted to change or cancel flights at any time, subject to this Agreement. For reservation cancellations on flights that are full at the time of such cancellation and if a Member or Listed Member cancels within twenty-four (24) hours of the scheduled departure time, the Member or Listed Member will lose the use of a Flight Pass for a 21-day period of time; provided, however, that such penalty does not apply to delayed flights, and Members and Listed Members retain the ability to change to an available earlier or later departure on the same day, on the same route without penalty.
Encompass or another applicable Operator will attempt to transport passengers and their baggage promptly and as scheduled. Flight schedules, however, are subject to change without notice and the schedules and reservations are not guaranteed. Surf will use its best efforts to promptly notify all affected passengers, using the contact information provided by each passenger, of planned or unplanned schedule changes and cancellations including, but not limited to, those due to weather. At times, without prior notice to passengers, Encompass or such other Operator may need to substitute other aircraft or air carriers and may change, add, or omit intermediate or connecting stops. Surf cannot guarantee that passengers will make connections to other Encompass flights, other Operator flights, or those of other air carriers.
(6) Check In and “No Shows” – Members and Listed Members must check in with the appropriate Surf personnel located at the departure airport at least fifteen (15) minutes prior to the scheduled departure time or the passenger will be considered a “No Show.” If a Member or Listed Member is a No Show, they will be unable to board the scheduled flight and if a Member or Listed Member is a No Show on a flight that is full at the time of such No Show, they may also lose the use of one Flight Pass for a 21-day period of time including and following the day of the No Show flight; provided, however, that Members and Listed Members retain the ability to change to an available earlier or later departure on the same day, on the same route without penalty. Surf will refuse to honor any reservation when such action is reasonably deemed to be necessary to comply with applicable governmental regulations or requests.
(7) 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 or other property caused by Listed Members and Guests. See Section II(B) below for more information regarding Guest travel. Any Guest Flights purchased by a Member may also be used for travel by that Member or any of its Listed Members.
(8) Member Policies – Listed Members shall at all times comply with all Surf terms, conditions, and policies, such as procedures for flight reservations, wait lists, Guest Flights, baggage, and flight cancellation policies and penalties as well as Encompass’s Contract of Carriage (or the applicable Operator’s contract of carriage). Members agree that Surf may, in its discretion, change these terms, conditions, policies, and procedures at any time.
(B) Guest Flights
(1) Guest Flight Benefits – Surf offers guest flights available for purchase by Members subject to the terms of the Agreement. A “Guest Flight” allows an individual, other than a Member or Listed Member, to travel under the applicable Member’s Membership on a limited basis. Any such Guest Flights are subject to the terms and conditions of this Agreement, including Encompass’s Contract of Carriage (or the applicable Operator’s contract of carriage), and any other limitations or regulations published by Surf in conjunction with and applicable to Guest Flights. Surf reserves the right to refuse service to any Guest at any time, in its sole discretion.
(2) Guest Flight Restrictions – Any purchased Guest Flights are non-refundable, may be used at any time during the Membership Term, and expire upon termination of the applicable Member’s Membership Term if unused by such time without right to any refund. Guest Flights issued in any other manner by Surf are valid for three (3) months after the date of issuance and may not be used for travel by any Member or Listed Member. Guest Flights may be used on any flight offered to Surf Members subject to seat availability. Guests are required to pass a background check before using a Guest Flight. A background check may take up to 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 (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.
(3) Surf Policies –Guests shall at all times comply with all Surf terms, conditions, and policies in effect, such as procedures for flight reservations, wait lists, baggage, and flight cancellation policies and penalties, as well as Encompass’s Contract of Carriage (or the applicable Operator’s contract of carriage). The Guest Flight of any Guest refused passage or removed enroute under the provisions of Section IV of the Encompass Contract of Carriage (or the applicable Operator’s contract of carriage) may be returned or refunded at Surf’s sole discretion. Such a return or refund shall be the sole recourse of any Guest refused passage or removed enroute. If a Guest is a No Show, they will be unable to board the scheduled flight and the Guest Flight used for the No Show will be forfeited. Surf and Encompass (or the applicable Operator) will refuse to honor any reservation when such action is reasonably deemed to be necessary to comply with applicable governmental regulations or requests.
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 at the time Presale occurs. Presales are offered for (1) cities or routes that Surf Members may currently fly to on flights operated by Encompass (or another Operator) (“Current Presale”) and (2) cities or routes that Surf Members may have the option to fly in the future on flights operated by Encompass or another Operator (“Future Presale”).
(1) Current Presale – Current Presale cities or routes include those that have been announced, but are not yet in operation by Encompass (or another Operator). 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 the applicable Member’s account to book flights available to Surf Members 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 to Surf Members 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 firstname.lastname@example.org. The Activation Date must be within ninety (90) days from the date that the desired city or route becomes available to book by Surf Members. Once an Activation Date is set, the Deposit is automatically applied toward the Initiation fee.
(D) Other Third Party Products and Services
(1) Other Third Party Benefits – In addition to flights operated by Encompass or another Operator, Surf may arrange other benefits provided by a third party (“Other Third Parties”) to Members. Other Third Parties include, but are not limited to: airport facilities, courtesy car, car rental agencies, ground transportation providers, shipping or transportation services, caterers, and parking services. Surf assumes no liability for, and makes no guarantees or warranties regarding, these Other Third Parties and benefits and such benefits may change or end during the Membership Term.
(2) Other Third Party Fees – Surf may occasionally promote or offer for sale to Members or Listed Members goods or services provided by an Other Third Party. All fees for Other Third Party products or services purchased by a Member or a Listed Member (“Other Third Party Fees“) are the responsibility of the Member or Listed Member respectively. For the avoidance of doubts, no fees will be payable by Members or Listed Members to Encompass or another Operator in connection with flights operated by Encompass or such other Operator for the benefit of Members or Listed Members, and any fees payable to Encompass or such other Operator in connection with such flights shall be the sole responsibility of Surf.
(3) Third Party Policies and Liability – Member and Listed Members are responsible for verifying and abiding by all Other Third Party rules and policies. Other Third Parties are neither agents nor employees of Surf or its affiliates. Members, Listed Members and Guests agree that Surf and its affiliates are not liable for the acts, errors, omissions, representations, warranties, breaches, or negligence of any Other Third Party or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. This includes all liability for damage to a Member’s, Listed Member’s or Guest’s vehicle while parked in any parking area or otherwise in the care of any Other Third Party.
(4) Parking and Ground Transportation – Surf does not assume responsibility for the parking of vehicles or the ground transportation of any passengers or their baggage. Surf 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 assumes no responsibility, and all passengers waive any claims against Surf, relating to or in connection with any parking or ground transportation that may be offered in connection with Surf ‘s services.
(5) Third Party Shipping of Baggage and Personal Property – For Members, Listed Members or Guests desiring the transportation of baggage to a location separate from the destination, Surf may refer the passenger to the services of a third party baggage shipping service for shipping to another destination. Member is solely responsible for any third party baggage shipping fees and agrees that Surf shall not be liable for the loss of or damage to such baggage transported by a third party baggage shipping service.
(E) Membership Fees and Billing
(1) Billing – Surf will automatically bill the Member using the billing information provided by the Member to Surf 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. Fees are due to Surf 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 email@example.com for your Membership Plan Terms. Surf reserves the right to change the Membership Fee anytime following (i) one (1) year after the Service Commencement Date for Members enrolled in a Basic Membership Plan (as specified in the applicable Member’s Membership Plan Terms) and (ii) three months after the Service Commencement Date for Members enrolled in a Preferred Membership Plan or a Premium Membership Plan (each as specified in the applicable Member’s Membership Plan Terms), and will notify the Member of such change at least thirty (30) days prior to such change taking effect. Surf does not permit prepayment of any Fees.
(2) Suspension of Membership – Surf reserves the right to suspend or terminate (at Surf’s option) a Membership if payment of the Fees is not timely received (“Membership Suspension”). Membership shall be suspended until such time that Member provides a valid payment method and all Fees due to Surf have been received.
(3) Dormancy – Dormancy status may be permitted for Members depending upon your Membership Plan. Please contact firstname.lastname@example.org 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 flights operated by Encompass or another Operator and arranged by Surf, however your Membership Plan will be maintained and upon conclusion of the Dormancy Term, your Membership will automatically revert to your Membership Plan and you will be billed by Surf accordingly. All Dormancy requests require thirty (30) days advanced written notice to email@example.com prior to any changes taking effect.
(F) Cancellation of Membership
(1) Cancellation of Membership by Member – Subject to timely receipt of payment by Surf, Membership may not be cancelled during the initial commitment period of (i) one year following the Service Commencement Date for Members enrolled in a Basic Membership Plan (as specified in the applicable Member’s Membership Plan Terms) and (ii) three months following the Service Commencement Date for Members enrolled in a Preferred Membership Plan or a Premium Membership Plan (each as specified in the applicable Member’s Membership Plan Terms), and all Membership fees accruing during the applicable commitment period are non-refundable. Thereafter, unless otherwise stated in the Membership Plan Terms, to cancel a Membership, the Member must provide thirty (30) days written notice to Surf at firstname.lastname@example.org 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 of receipt of the cancellation notice. The Member will remain responsible for all amounts that come due prior to the effective date of the cancellation, as set forth above.
(2) Cancellation or Suspension of Membership by Surf– Surf reserves the right to cancel or suspend the Membership of any Member or Listed Member immediately upon notice to the Member or Listed Member at Surf’s sole discretion and for any reason, including but not limited to, Surf’s belief that a Member’s or the Listed Member’s continued use of such Membership would violate any provisions of this Agreement or applicable law.
(1) Accuracy of Information – Member represents that all information provided in the Application is true, accurate, current, and complete. Member further agrees that s/he will notify Surf of any substantive changes to the Member’s and Listed Members’ name, contact, payment, or other applicable information.
(2) Legal Authority – The person entering into 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. This consent may be withheld in Surf’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 – Member agrees and consents to periodic background checks on the 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 flight. Background checks may be performed by a third party and in accordance with such third party’s policies and procedures. Member acknowledges and agrees that in so doing, Surf may require that Members, Listed Members and Guests provide additional information, including a social security number, and may share all or a portion of such information with third party vendors for the purpose of conducting the background check. Surf warrants that it will maintain the confidentiality of information provided by Members, Listed Members and Guests as required by applicable law. Background checks may take up to five (5) business days to process. A passenger’s acceptance of this Agreement and delivery of the passenger’s personal information constitutes consent to Surf for performing a background check. Surf reserves the right to refuse service, at its sole discretion, to any passenger that does not comply with the request for a background check or based on the results of a background check.
(5) Baggage and Personal Property Surf personnel may assist with the handling of baggage on behalf of Members in connection with Member check-in. Surf ‘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 will be liable for personal property only for the period in which it is in the custody of Surf. Surf will assume no liability or responsibility for property carried onboard an aircraft by a passenger and retained in the custody of the passenger. Surf’s liability for loss, delay or damage to baggage is limited unless a higher value is declared in advance and additional charges are paid. Under no circumstances shall Surf be liable to any passenger for any type of special, incidental or consequential damages related to the damage, loss or delay of checked baggage.
Surf will compensate the passenger for reasonable, documented damages incurred as a result of the loss of or damage to such items up to the limit of liability as set forth above, provided that the damage was caused by Surf or occurred while the baggage was in Surf’s sole custody, and the passenger exercised reasonable effort to minimize the amount of damage as determined in Surf’ sole discretion. Actual value for reimbursement of lost or damaged property shall be calculated as the lesser of the documented original purchase price of the items, less depreciation for prior usage, or the cost to make applicable repairs. In no event will Surf be liable for damage to bags arising from ordinary wear and tear or broken or damaged handles, zippers, snaps, flaps, rivets, or wheels. While Surf will make reasonable efforts to return carry-on items that have been left onboard an aircraft, Surf assumes no liability or responsibility for the loss of or damage to carry-on items. If a wheelchair, mobility aid, or assistive device is lost, damaged, or destroyed while in Surf’s possession, Surf’s liability shall be the documented original purchase price of the wheelchair, mobility aid, or assistive device, without depreciation.
(6) Claims and Limitations of Liability
No claim for personal injury or death of a passenger will be recognized by Surf unless written notice of such claim is presented to Surf within twenty-one (21) days after the occurrence of the event giving rise to the claim. In the case of loss of, damage to, or delay in delivery of baggage, no claim will be entertained by Surf unless preliminary written notice of such claim is presented to a Surf representative in person within one (1) day after arrival of the flight on which the loss, damage, or delay is alleged to have occurred. The preliminary notice may thereafter be amended in writing; however, such amended claim must be presented to Surf no later than ten (10) days after the occurrence of the event giving rise to the claim. Failure to provide timely written notice will not bar a claim if the claimant establishes to the satisfaction of Surf that he or she was unable, through no fault or omission of the claimant, to provide notice within the specified time. No legal action on any claim described above may be maintained against Surf unless commenced within six (6) months of Surf’s written denial of a claim, in whole or in part.
In all cases of injury or loss, Surf’s liability will be strictly limited to $75,000 per passenger.
IN NO EVENT WILL SURF, 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 MEMBER’S, LISTED MEMBER’S OR GUEST’S USE OF SERVICES PROVIDED BY SURF OR ITS AFFILIATES, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, REGARDLESS OF WHETHER SURF, ITS AFFILIATES AND/OR THEIR RESPECTIVE PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(7) Choice of Law – This Agreement will be governed in all respects by the laws of the State of California without regard to their respective conflicts of laws rules.
(8) Dispute Resolution – 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.
(9) Right to Change Agreement – Surf reserves the right, based on reasonable business needs and to the extent not prohibited by applicable law, to change, delete, or add to any of the terms of this Agreement, including the documents referenced and incorporated, without prior notice.
(10) Severability – If, for any reason, any portion of this Agreement is determined by a competent authority to be void or unenforceable, then (a) that portion will have no effect, (b) the balance of this Agreement will remain in full force and effect, and (c) this Agreement will be performed as though the stricken portion were replaced with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.
(11) Titles – Article titles and subheadings contained in this Agreement are inserted only as a matter of convenience and for reference. Such titles in no way define, limit, or describe the scope or extent of any provision of this Agreement.
(12) Conflicts – In the event of a conflict between the Encompass Contract of Carriage (or another Operator’s contract of carriage), Membership Agreement, Membership Plan Terms, terms printed on any ticket, terms printed on any ticketless travel authorization, and terms specified on Surf’s website, 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.
(H) Contact Us
1408 Third Street Promenade, Suite 300
Santa Monica, CA 90401
Email Address: email@example.com
Surf Air Referral Benefits
In addition to the terms set forth BELOW, the referral benefits and new memberships ARE subject to the terms and conditions contained in the Membership Agreement, the membership application and any other written correspondence regarding the pricing and terms of membership, the applicable flight operator’s Contract of Carriage, and such additional rules, LIMITATIONS, terms and conditions which may be presented on Surf Air’s website or any ticket or ticket-less travel authorization.
Membership Pricing and Commitment:
- New Memberships are subject to the applicable plan terms, including (a) an initiation fee for flight package memberships or (b) a commitment of (i) 12 months for Basic Membership and (ii) 3 months for Preferred Memberships and Premium Memberships.
- Memberships are non-refundable.
Guest Pass Flights:
- Guests shall at all times comply with all applicable terms, conditions, and policies, including with respect to baggage and flight cancellation.
- Members will ensure that their guests comply with the member’s obligations under the Surf Air Membership Agreement and the applicable flight operator’s Contract of Carriage. Members will be responsible for any charges for damage to Surf Air or other property caused by their guests.
- Guest passes automatically expire upon termination of the applicable Member’s membership term if unused by such time without right to any refund. Guest passes may be used on any flight offered to Members subject to seat availability.
Guest Pass Flight Change and Cancellation Policy:
- Guest pass flight reservations may be changed or cancelled at any time at least 24 hours prior to the applicable flight’s scheduled departure time.
- If a member changes or cancels a guest pass reservation on a flight which is fully booked at time of change or cancellation and such change or cancellation occurs within 24 hours of the flight’s scheduled departure time, the guest pass will be voided and the member will lose the ability to re-book and forfeit the value of the guest pass.
- If a traveler fails to appear for their reserved guest pass flight, the guest pass will be voided and the corresponding member will lose the ability to re-book and shall forfeit the value of the guest pass.