Terms and Conditions
FlyTHERE, Inc. Terms and Conditions
These terms and conditions (“Terms”) outline the rules and regulations for the use of FlyTHERE Inc’s websites, content, services, app, and technology (“Services”) made available by FlyTHERE Inc and its subsidiaries and affiliates (collectively, “FlyTHERE”). Please read these Terms carefully before accessing and/or using FlyTHERE’s Services. In these terms, the words “including” and “include” mean: “including, but not limited to.”
FlyTHERE’s mailing address is:
PO Box 1781,
Sun Valley, Idaho 83353
FlyTHERE’s physical location is:
311 1st Avenue North,
Ketchum, Idaho 83340
By accessing and/or using this website or Services you accept these Terms in full. Do not continue to use FlyTHERE Inc’s website if you do not accept all of the Terms in their entirety.
The following terminology applies to these Terms and any or all Agreements: “Customer”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to FlyTHERE Inc. “Party”, “Parties”, or “Us”, refers to both the Customer and ourselves, or either the Customer or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Customer in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Customer’s needs in respect of provision of the FlyTHERE Inc’s Services, in accordance with and subject to, prevailing law of United States. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Unless otherwise stated, FlyTHERE Inc and/or it’s licensors own the intellectual property rights for all material on FlyTHERE Inc. All intellectual property rights are reserved. You may view and/or print pages from https://www.flyTHERE.com for your own personal use subject to restrictions set in these terms and conditions.
You must not:
- Republish material from https://www.flyTHERE.com
- Sell, rent or sub-license material from https://www.flyTHERE.com
- Reproduce, duplicate or copy material from https://www.flyTHERE.com
- Redistribute content from FlyTHERE Inc (unless content is specifically made for redistribution).
Subject to your compliance with these Terms, FlyTHERE grants you a limited, non-exclusive, revocable, non-sub-licensable, non-transferrable license to 1.) access and use the Services and 2.) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by FlyTHERE.
RESERVATION OF RIGHTS
We reserve the right at any time and our sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions at any time.
Whilst we endeavor to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our Services and the use of our Services (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury resulting from negligence;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
FlyTHERE’s Services are provided “as is” and “as available”. FlyTHERE disclaims all representations and warranties, express, statutory, or implied that are not expressly set out in these Terms. FlyTHERE makes no representation, guarantee or warranty as to the reliability, timeliness, quality, suitability, or availability of the Services or any goods and services offered through the Services. FlyTHERE relies on industry standards and US government regulators to judge the quality, suitability, safety and ability of third party service providers to FlyTHERE’s best efforts. You agree that the risk in its entirety arising out of the use of the Services, and any goods or services requested via the use of the Service, remains solely with you, to the maximum extent permitted under applicable law.
You agree to indemnify and hold FlyTHERE and its officers, employees, directors, and agents harmless from any and all claims, losses, liabilities, and expenses, including attorneys’ fees, arising out of or in connection with your use of the Service or goods and services obtained through the Service; your breach or violation of any of these Terms; your violation of the rights of any third party, including third party providers.
NETWORK ACCESS AND DEVICES
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. FlyTHERE does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
CHARTER SERVICES AGREEMENT
These TERMS AND CONDITIONS together with any Quote, and any subsequent Quote, constitute the CHARTER SERVICES AGREEMENT (this “Agreement”), between FlyTHERE and you.
- FlyTHERE is an aircraft charter broker, not an air carrier, and is acting solely as agent for and on behalf of the Customer in connection with the flight(s) described in the attached Quote and any subsequent Quote (the “Flight(s)”) and as limited by this Agreement. Customer acknowledges and agrees that the Operator listed in the Quote (the “Operator”) is the FAA certificated Part 135 direct air carrier, or foreign equivalent, which will operate and provide the Flight. FlyTHERE shall not be responsible for the failure by Operator to perform any or all of such Operator’s obligations in connection with the Flight. By executing the Agreement, Customer authorizes FlyTHERE to book the Flight(s) with the Operator, on behalf of, and as agent of Customer. Customer declares that any act lawfully done hereunder by FlyTHERE on behalf of Customer shall be good, valid and binding on Customer as if the same had been performed by Customer. Customer agrees that FlyTHERE will receive compensation by way of commission against or receipt of a portion of the Customer’s payment for the Flights. The Customer’s legal recourse in connection with the provision of Flight and the performance of a Charter Contract is against the Operator and not FlyTHERE.
- Customer acknowledges and agrees that the flight(s) are operated by Operator, and Operator may change or cancel flights due to weather, unexpected crew unavailability, aircraft mechanical issues, inability to obtain the necessary slot or landing approval, government restrictions, fire, flooding, war, terrorism, acts of god and other causes beyond Operator’s reasonable control (“FORCE MAJEURE”). Neither FlyTHERE nor Operator shall have any liability for any change to, or cancelation of, any Flight as a result of Force Majeure or Operator’s safety precautions. Operator reserves the right to adjust the Charter Price due to unexpected market conditions, upon notice and approval of adjusted Charter Price by Customer. FlyTHERE will communicate (via telephone call, voicemail, text, or electronic mail message) all Operator changes, adjustments, and cancellations of Flights of which FlyTHERE is aware to Customer as soon as reasonably possible. In the event of an Operator cancellation, FlyTHERE will use commercially reasonable efforts to identify a replacement Operator, and will present Customer with a new Quote for such Flight. FlyTHERE shall have no liability whatsoever for any Operator change to, or cancellation of, any Flight, or for FlyTHERE’s inability to identify a replacement Operator. FlyTHERE will use reasonable efforts to accommodate any Customer change requests to the Flights, but Customer acknowledges and agrees that such requests are subject to availability of the Operator, aircraft, crew, and other required aspects of the flight and may result in additional charges. FlyTHERE shall not be liable, and Customer shall continue to be bound by the cancellation terms in the Quote, in the event that FlyTHERE or Operator is unable to accommodate any Customer change request.
- The Quote specifies what is and what is not included in the Charter Price and Total Price. Customer will pay the costs of any Additions (referenced in the Quote), charges for route changes, or other amounts owed by Customer hereunder within 7 days of the date of the FlyTHERE invoice for such amounts. Interest charges will accrue at a rate of 1.5% per month on all past due amounts. Unless explicitly stated otherwise in the Quote, smoking is not permitted on any Flight. Customer shall be responsible for all costs associated with any of its passengers violating the restrictions in the previous sentence, including but not limited to the cost to clean the aircraft. Customer shall be responsible for all costs associated with any damage, stains, or extraordinary wear and tear caused by, or otherwise attributed to, Customer’s passengers on any Flight. All payments to be made under this Agreement or the Charter Contract are to be paid in full and without any set-off or deduction.
- The Customer must provide any necessary information required by the Operator to comply with the law. At a minimum Customer must, at least 24 hours prior to the first segment of each domestic US Flight, and at least 48 hours prior to the first segment of each international Flight, provide FlyTHERE with the following information: (i) full name, weight, date of birth, nationality, gender and place of birth for each passenger on each segment of the Flight; (ii) type, size and weight of all baggage for each segment of the Flight; (iii) any special requirements of Customer, including but not limited to catering, preferred fixed base operator, and ground transportation requirements; (iv) when any passenger on a Flight segment departing from and/or arriving in the United States is a non-United States citizen, the appropriate Alien Registration Number (Green Card), visa, or other documentation demonstrating the individual is authorized to be in the United States; (v) for international segments of Flights, copies of the passport showing the passport number, country which issued passport, passport expiry date, and copies of all required visas (if any) for each passenger; and (vi) email address and mobile telephone number for the lead passenger on each Flight segment. Customer acknowledges and understands each passenger will be required to show the following documentation prior to boarding the aircraft on each Flight segment: (i) for all Flight segments, one form of government issued photo identification, (ii) for each individual under the age of eighteen (18) in addition to the requirements of (i) they must be accompanied by: (a) both parents, (b) one parent, in which case that parent shall provide the Operator with evidence that such parent has sole custody of the minor, or evidence that the other parent or legal guardian has consented to the minor traveling with the accompanying parent on the specific flights, a copy of which will be provided to FlyTHERE at least 24 hours prior to the first segment of each domestic US Flight, and at least 48 hours prior to the first segment of each international Flight;; or (c) a legal guardian(s), in which case the legal guardian shall provide Operator with evidence of the extent of his/her/their legal guardianship status, and if custody of the minor is shared with another individual, documentation of that other individual’s consent to the minor traveling with the accompanying legal guardian on the specific Flights, a copy of which will be provided to FlyTHERE at least 24 hours prior to the first segment of each domestic US Flight, and at least 48 hours prior to the first segment of each international Flight;; and (iii) for each Flight segment which is not wholly within the United States, such passenger’s passport and all required visas. Failure to provide the information required in this section within the time frame required, or failure of any passenger to present the required documentation as referenced in this section, will result in the applicable passenger(s) being denied boarding on the aircraft. FlyTHERE shall have no liability for any denied boarding under this section.
- Customer and Customer’s passengers shall comply with all applicable DOT, FAA, TSA and other laws and regulations. Customer represents and warrants that it is purchasing each Flight for a single entity or self-aggregating group of passengers, and has not, and will not, sell individual seats on such Flight, or take other actions which would make Customer appear to be acting as an indirect air carrier or changing the nature of the flight to a “scheduled operation” (as defined by the DOT and FAA). The Customer agrees to indemnify and hold harmless FlyTHERE, its affiliates, officers, directors, employees and agents against any and all Losses arising or resulting from: (i) any breach of this Agreement by the Customer, or any passenger on a Flight; (ii) any act or omission by the Customer, a passenger on a Flight, or the Customer’s affiliates, officers, employees or agents; (iii) non-performance or failures of any type on behalf of the Operator; or (iv) any claim, suit, action, demand or proceeding by a third party against FlyTHERE caused or contributed to by the Customer, a passenger on a Flight, or the Customer’s affiliates, officers, employees or agents. Except to the extent that such liability is expressly provided for in this Agreement, FlyTHERE shall be under no liability or obligation to the Customer, its affiliates, officers, employees and agents or to the passengers on any Flight for any loss, damage or cause of action.
- This Agreement (including the Terms and Conditions and each Quote) shall constitute the entire extent of the agreement between the parties hereto in relation to the subject matter hereof and shall supersede all prior agreements and arrangements, whether written or verbal, between the parties. All other terms, expressed or implied by statute or otherwise, are excluded to the fullest extent permitted by law. This Agreement binds the parties and their successors, heirs and assigns any amendments to, revisions of, or waivers of any provisions of this Agreement must be in writing and signed by the party against whom such amendments, revisions or waivers are sought to be enforced. If a court holds any provision of this Agreement to be ambiguous, such ambiguity shall be resolved neutrally, without regard to events of authorship or negotiation. If any provision of this Agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of this Agreement, and the validity and enforceability of the other provisions of this Agreement shall not be affected; and the parties shall negotiate in good faith to amend such provision such that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the parties’ original commercial intention. No failure or delay by either party in exercising any remedy, right, power or privilege under the Agreement shall operate as a waiver of the same. This Agreement may be executed in counterparts, each of which shall be deemed an original. Execution and delivery of this Agreement by facsimile signature shall have the same force and effect as a manually executed original. Customer acknowledges that its electronic signature of this agreement, constitutes its agreement and intent to be bound by such agreements and shall have the same force and effect as a manually executed original.
- Except as otherwise provided herein, any notice required or permitted to be given by either party to the other under this Agreement shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this Section to the party giving the notice and shall be sent by regular mail, postage prepaid; by certified mail; by overnight mail with a nationally recognized courier; by facsimile; or by electronic mail where the sender receives a delivery or read receipt indicating the email was delivered to or read by the intended recipient.
- This Agreement shall be governed by and construed in accordance with the laws of the State of Idaho, United States of America, and the parties irrevocably submit to the exclusive jurisdiction of the state and federal courts in and for Blaine County, Idaho for the resolution of any claim or dispute arising out of or in connection with this Agreement. Should legal action arise between the parties, the prevailing party will be reimbursed its attorney’s fees by the non-prevailing party. The parties waive the right of trial by jury.
- This Agreement is subject to all applicable rules, regulations, approvals and certifications in effect from time to time including, but not limited to, those promulgated by the Federal Aviation Administration and the Department of Transportation. The indemnifications and limitations of liability shall survive the completion of any and all Flights, and any actual or deemed termination of this Agreement.
- FlyTHERE is not liable to the Customer by reason of any representation or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Agreement, for any loss of profit or any indirect, incidental, special, consequential or exemplary damages or loss, costs, expenses or other claims (whether caused by the negligence of FlyTHERE, its directors, officers, employees, servants or agents or otherwise) which arise out of or in connection with the provision of brokerage under THE Agreement, and the entire liability of FlyTHERE under or in connection with FlyTHERE’s services as regards this agreement shall not exceed the Charter Price for the specific flight segment in question. FlyTHERE does not give any warranty, guarantee or other term as to the quality, financial strength or solvency, fitness for purpose or otherwise of the OPERATOR or any third party provider.
- By using FlyTHERE’s Services the Customer confirms it/she/he has read and understood these Terms and Charter Service Agreement.