Whooshfly User Agreement and Terms of Use


Welcome to Whooshfly. This User Agreement and Terms of Use document is a contract between you and Whooshfly. It contains disclaimers, remedies, and covenants between you and Whooshfly. Please read carefully.

Whooshfly IS NOT AN AIRCRAFT CHARTER OPERATOR, AIR-TAXI OR ON DEMAND AIRCHARTER. Whooshfly IS A MIDDLEMAN, ALLOWING USERS AND OPERATORS TO CONNECT WITH EACH OTHER AND ALLOW USERS TO RECIEVE COMPETIVE BIDS FOR CHARTER FLIGHTS FROM OPERATORS. OPERATORS ARE REGULATED THROUGH THE FAA. OPERATORS MAINTAIN OPERATION CONTROLL OF THE FLIGHT AND AIRCRAFT AT ALL TIMES. Whooshfly HAS NO OPERATIONAL CONTROL OF THE FLIGHTS OR AIRCRAFT. CONTRACTS FOR CHARTER FLIGHTS ARE BETWEEN THE USER AND THE OPERATOR AND Whooshfly IS THE MIDDLEMAN AND COLLECTS A TRANSACTION FEE FOR COORDINATING PAYMENT AND PROVIDING THE WEB OR APPLICATION WHICH ALLOWS THE USERS AND OPERATORS TO CONNECT ONLY. Whooshfly IS NOT A CERTIFICATE HOLDER.

The charter flight platform is operated by Whooshfly Technologies, Inc. (Whooshfly) and is not a CFR Part 135 operator but is a technology and marketing company acting as a marketing a broker/middleman for Private Aviation and Chartered Services (CFR Part 135) operators (“Operators”).

Whooshfly does not conduct Pilot Certification Audits or criminal background checks on Pilots, perform airplane inspections on planes used for flight-sharing. Whooshfly may, but does not represent that it will, perform record checks on Pilots. This is the responsibility of the individual Part 135 Operators that offer their chartered services through the Whooshfly platform.

Whooshfly.com website (the “Website”) and application (the “Application”). This Website and Application is provided solely to assist customers in gathering aircraft charter information, determining the availability of charter aircraft, charter rates, making legitimate reservations with charter aircraft operators or otherwise transacting business with charter aircraft operators, and for no other purposes. The terms “we”, “us”, “our”, Whooshfly Technologies Inc., a Delaware Corporation, and its subsidiaries and corporate affiliates. The term “you” or “customer” refers to the customer visiting or using the Website or Application and/or booking a reservation through us on this Website, Application, or through our customer service agents, and/or that customers heirs or survivors. The term “Operator” means any air operator, Part 135, or other air taxi operator or other entity, whom offers its services for aircraft charter flights through the Website or Application or that you ultimately book a flight with through the Website or Application.

This Website and Application is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the “Terms of Use” or “Agreement”). Please read these Terms of Use carefully, as they contain important information about limitations of liability and resolution of disputes through arbitration rather than in court. By accessing or using this Website and application, booking any charter flights through this Website or Application, or contacting our representatives, you agree that the Terms of Use then in force shall apply. If you do not agree to the Terms of Use, please do not use or book any charters through this Website, Application or through our representatives.

By booking a charter flight through the Website or Application, you agree that you are bound by the Operator’s terms and conditions and that the Operator is solely responsible for the flight and any liabilities arising out of the flight. It is understood by you that the Operator has sole operational control of the aircraft chartered and that we have no influence upon the Operator, flight crew, or airworthiness of the aircraft chartered. We have no responsibility with compliance with FAA and such compliance is strictly the responsibility of the operator.

USE OF THE WEBSITE AND APPLICATION
Whooshfly IS NOT AN AIRCRAFT CHARTER OPERATOR, AIR-TAXI OR ON-DEMAND AIR CHARTER. Whooshfly IS A MIDDLEMAN, ALLOWING USERS AND OPERATORS TO CONNECT WITH EACH OTHER AND ALLOW USERS TO RECEIVE COMPETITIVE BIDS FOR CHARTER FLIGHTS FROM OPERATORS. OPERATORS ARE REGULATED THROUGH THE FAA. OPERATORS MAINTAIN OPERATION CONTROL OF THE FLIGHT AND AIRCRAFT AT ALL TIMES. Whooshfly HAS NO OPERATIONAL CONTROL OF THE FLIGHTS OR AIRCRAFT. CONTRACTS FOR CHARTER FLIGHTS ARE BETWEEN THE USER AND THE OPERATOR AND Whooshfly IS THE MIDDLEMAN AND COLLECTS A TRANSACTION FEE FOR COORDINATING PAYMENT AND PROVIDING THE WEB OR APPLICATION WHICH ALLOWS THE USERS AND OPERATORS TO CONNECT ONLY. Whooshfly IS NOT A CERTIFICATE HOLDER.

Whooshfly does not conduct Pilot Certification Audits or criminal background checks on Pilots, perform airplane inspections on planes used for flight-sharing. Whooshfly may, but does not represent that it will, perform record checks on Pilots. This is the responsibility of the individual Part 135 Operators that offer their chartered services through the Whooshfly platform.

As a condition of your use of this Website or APPLICATION, you warrant that:

  1. you are at least 18 years of age;
  2. you possess the legal authority to create a binding legal obligation;
  3. you will use this Website and Application in accordance with these Terms of Use;
  4. you will only use this Website and Application to make legitimate reservations for you, your guest, or for another person for whom you are legally authorized to act;
  5. you will inform such other persons about the Terms of Use that apply to the charter flight you have made on their behalf, including all rules and restrictions applicable thereto, including Operator’s Terms;
  6. all information supplied by you on this Website or Application is true, accurate, current and complete; and
  7. if you have a Whooshfly account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.
  8. we retain the right at our sole discretion to deny access to anyone to this Website, Application, and the services we offer, at any time and for any reason, including, but not limited to, for violation of these Terms of Use.

DISPUTES
Whooshfly is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. But if we are unsuccessful, you may pursue claims as explained in this section. You agree to give us an opportunity to resolve any disputes or claims relating in any way to the Website or Application, any dealings with our representatives by contacting Whooshfly at (904) 606-3025. If we are not able to resolve your Claims within 60 days, you may seek relief through arbitration or in small claims court in Jacksonville, Duval County, Florida, as set forth below.

Any and all Claims will be resolved by binding arbitration, rather than in court, except you may assert Claims on an individual basis in small claims court in Jacksonville, Duval County, Florida, if they qualify. This includes any Claims you assert against us, our subsidiaries, travel suppliers, Operators or any companies offering products or services through us (which are beneficiaries of this arbitration agreement). This does not apply to any wrongful death or personal injury claims asserted against an Operator, unless specified in the operator’s terms and conditions. This also includes any Claims that arose before you accepted these Terms of Use, regardless of whether prior versions of the Terms of Use required arbitration.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (which could include statutory damages, attorneys’ fees and costs), and must follow and enforce these Terms of Use as a court would.

Please be advised: This Agreement contains provisions that govern how claims between you and Whooshfly are resolved (see Section ​ XX​ below). These provisions will, with limited exception, require you to submit claims you have against us to binding and final arbitration on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding.

Arbitrations shall be conducted by two arbitrators who are licensed attorneys and at least one arbitrator shall be a pilot or Air Operator Certificate Holder.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claims to Whooshfly Technologies Inc. c/o Ludwig and Speer P.A. at 5150 Belfort Road S. Building 500, Jacksonville, FL 32256. If we request arbitration against you, we will give you notice at the email address or street address you have provided. Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration we each waive any right to a jury trial. An arbitration decision may be confirmed by any court with competent jurisdiction.

PROHIBITED ACTIVITIES
The content and information on this Website and Application (including, but not limited to, price and availability of aircraft charter services) as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make limited copies of your aircraft charter booking or itinerary (and related documents) for aircraft charter services booked through this Website or Application, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website or Application. Additionally, you agree not to:

  1. use this Website or Application or its contents for any commercial purpose, other than for securing air charters services for company personal and or your company’s clients;
  2. make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
  3. access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
  4. violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
  5. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  6. deep—link to any portion of this Website or Application (including, without limitation, the purchase path for any aircraft charter services) for any purpose without our express written permission; or “frame”, “mirror” or otherwise incorporate any part of this Website or Application into any other website without our prior written authorization.

If your booking or account shows signs of fraud, abuse or suspicious activity, Whooshfly may cancel any travel or service reservations associated with your name, email address or account, and close any associated Whooshfly accounts. If you have conducted any fraudulent activity, Whooshfly reserves the right to take any necessary legal action and you may be liable for monetary losses to Whooshfly, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact Whooshfly.

SUPPLIER RULES AND RESTRICTIONS

Additional terms and conditions will apply to your reservation and purchase of air charter services that you select. Please read the terms and conditions of the Operator carefully. In particular please ensure you read the full terms and conditions of Operator, which can be found on the on the Operator’s profile on the Website or Application or on the Operators website. . You agree to abide by the terms and conditions of purchase imposed by any Operator with whom you elect to deal, including, but not limited to, payment of all amounts when due for any additional services added directly through the Operator and compliance with the Operator’s terms and conditions. Aircraft Charter is only guaranteed once the purchase has been completed, accepted by the Operator and payment made in full. Operators and other travel suppliers may change their prices without notice until paid in full and subject to fuel surcharges if any. We reserve the right to cancel your booking if full payment is not received in a timely fashion.

Charter Aircraft do not have overhead bins and capacity for baggage is limited due to weight/balance and space requirements. The baggage capacity may be limited to one carryon bag and small purse or briefcase, but may be more or less depending on the aircraft, travel distance, and number of passengers. You are responsible for review of terms, conditions, and limitations of baggage for the flight. Whooshfly and the Operator are not responsible for additional baggage that may not be loaded due to restrictions listed above. Your carryon bag should be small enough to place in your lap.

FAA forbids passengers of charter flights, such as the flights booked with Operators through Whooshfly, from being intoxicated, bringing alcohol or illegal drugs on board an aircraft. The Operator may refuse service of any Users suspected of being impaired due to alcohol or drugs.

Federal law forbids the carriage of hazardous materials aboard aircraft in your luggage or on your person. A violation can result in five years’ imprisonment and penalties of $250,000 or more (49 U.S.C. 5124). Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives and radioactive materials. Examples: Paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radio-pharmaceuticals. There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in your luggage and certain smoking materials carried on your person.

You acknowledge that some Operators and third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier’s rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation

INTERNATIONAL TRAVEL
You are responsible for ensuring that you meet foreign entry requirements and that your travel documents, such as passports and visas (transit, business, tourist, and otherwise), are in order and any other foreign entry requirements are met. Whooshfly has no special knowledge regarding foreign entry requirements or travel documents. We urge customers to review travel prohibitions, warnings, announcements, and advisories issued by the relevant governments prior to booking travel to international destinations.

  1. Passport and Visa– You must consult the relevant Embassy or Consulate for this information. Requirements may change and you should check for up-to-date information before booking and departure. We accept no liability if you are refused entry onto a flight or into any country due to your failure to carry the correct and adequate passport, visa, or other travel documents required by any airline, authority, or country, including countries you may just be transiting through. This includes all stops made by the aircraft, even if you do not leave the aircraft or airport.
  2. Health– Recommended inoculations for travel may change and you should consult your doctor for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip.
  3. Disinfection– Although not common, most countries reserve the right to disinfect aircraft if there is a perceived threat to public health, agriculture or environment. The World Health Organization and the International Civil Aviation Organization have approved the following disinfection procedures: (1) spray the aircraft cabin with an aerosolized insecticide while passengers are on board or (2) treat the aircraft’s interior surfaces with a residual insecticide while passengers are not on board. For more information, see: http://ostpxweb.dot.gov/policy/safetyenergyenv/disinsection.htm

Whooshfly DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO ANY REQUESTED DESTINATION AREAS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

LIABILITY DISCLAIMER

The information, software, products and services published on this Website and/or application may include inaccuracies or errors, including pricing errors. In particular, the Whooshfly does not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the charter aircraft. In addition, Whooshfly expressly reserves the right to correct any pricing errors on our Website and/or application and/or pending reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your pending reservation at the correct price or we will cancel your reservation without penalty.

The Operators listed on this Website or Application are independent not agents or employees of Whooshfly. Whooshfly is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such Operator or for any personal injuries, death, property damage, or other damages or expenses resulting there from. Whooshfly makes no warranties to the safety of any Operators. Whooshfly has no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.

In no event shall Whooshfly be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website or Application or with the delay or inability to access, display or use this Website or Application (including, but not limited to, your reliance upon opinions appearing on this Website; any computer viruses, information, software, linked sites, products and services obtaining through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if Whooshfly has been advised of the possibility of such damages.

If, despite the limitation above, Whooshfly or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of Whooshfly and/or their respective suppliers will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to Whooshfly in the form of a booking fee in connection with such transaction(s) on this Website or Application, or (b) One-Hundred Dollars (US$100.00) or the equivalent in local currency.

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms of Use is found to have failed of its essential purpose. The limitations of liability provided in these Terms of Use inure to the benefit of Whooshfly and/or its respective suppliers.

INDEMNIFICATION

You agree to defend and indemnify Whooshfly and any of its officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

  1. your breach of these Terms of Use or the documents referenced herein;
  2. your violation of any law or the rights of a third party; or
  3. your use of this Website.

LINKS TO THIRD-PARTY SITES

This Website and Application may contain hyperlinks to websites operated by parties other than Whooshfly. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, Trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

SOFTWARE AVAILABLE ON THIS WEBSITE

Any software that we make available to download from this Website (“Software”) or through your mobile application store, including the Whooshfly mobile application (the “Mobile Application”) is the copyrighted work of the Whooshfly and/or our respective suppliers. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a revocable, limited, personal, non-exclusive, nontransferable license to download, install and use the Software and/or the Mobile Application for viewing and otherwise using this Website and/or accessing the content and information available within the Mobile Application (including, without limitation, price and availability of travel services) in accordance with these Terms of Use and for no other purpose.

Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this Website, is owned by the Whooshfly and/or our respective suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.

Your mobile device must be connected to the internet for the Mobile Application to function correctly. You are responsible for making all arrangements necessary for your device to have internet connectivity and are responsible for all sums your service provider may charge you arising out of the Mobile Application transmitting and receiving data (including but not limited to data roaming charges). As further described in our Privacy Policy, the Mobile Application will automatically transfer a small amount of data as part of its normal operation, including how you use the Mobile Application, which Content you access, and technical errors or problems which the Mobile Application may encounter while being used. By using the Mobile Application, you acknowledge, agree and consent to the automatic collection of this information.

REVIEWS, COMMENTS, PHOTOS AND OTHER SUBMISSIONS
We appreciate hearing from you. Please be aware that by submitting content to this Website by electronic mail, postings on this Website or otherwise, including any Operator reviews, photos, videos, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant Whooshfly, a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission.

COPYRIGHT AND TRADEMARK NOTICES
All contents of this Website are ©2016 Whooshfly Technologies, Inc. All rights reserved. Whooshfly and all content and other materials on this Website or Application, including, without limitation, all logos, designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of Whooshfly, and are either registered trademarks or trademarks of Whooshfly in the U.S. and/or other countries. Other logos and product and company names mentioned herein may be the trademarks of their respective owners. Whooshfly is not responsible for content on websites operated by parties other than Whooshfly.

If you are aware of an infringement of our brand, please let us know by contacting Whooshfly at (904) 606-3025.