Terms & Conditions
Airbus Ride is not a Part 135 operator and all flight services are provided by a third party Part 135 operator.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. YOUR ACCESS TO AND USE OF THE SERVICES IS CONDITIONED TO YOUR AGREEMENT TO BE BOUND BY THESE TERMS, WHICH ESTABLISHES A CONTRACTUAL RELATIONSHIP BETWEEN YOU AND AHI.
If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede any prior agreements or arrangements between you and AHI. AHI may immediately terminate these Terms or any contractual relationship established with you, and suspend or deny you access to the Services, in whole or in part, at any time, and for any reason.
Pursuant to the Terms, you accept AHI as your commission agent for the contracting, in its own name, but aiming to preserve your interests, the "Transportation Services", encompassing (i) air transportation services, to be provided by the Operators and (where applicable) (ii) ground transportation services to be provided by ground transportation companies duly licensed (collectively, "Transport Providers").
All Transportation Services are provided by duly licensed Transport Providers whose name shall be clearly appointed to you by the time of your booking. AHI is entitled to change the Transport Provider after your booking for any reason in order to ensure the best experience possible to you. If it does so, AHI shall inform you of the identity of the new Transportation Provider and provide you the opportunity to cancel your flight.
- The Services
The Services include a technology platform that enables Users to arrange and schedule transportation and/or logistics services with Transport Providers via mobile app or website (the "Technology Platform"). Unless otherwise agreed between AHI and you in a separate written agreement, the Technology Platform is made available solely for your personal, noncommercial use.
AHI DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A GROUND TRANSPORT OR HELICOPTER OPERATOR. The relationship between AHI and the Transport Providers is only that of independent contractors. Neither AHI nor any Transport Provider is an agent, representative, associate, employer, or employee of the other party, and no party has any right or authority to assume or create any obligations or to make any representations or warranties on behalf of any other party, whether express or implied, or to bind the other party in any respect whatsoever.
The Services (including the Technology Platform) and all right, title and interest therein, including all patent, trademark, copyright, trade secrets, and all other intellectual property rights therein are and shall remain AHI’s property or the property of AHI’s licensors. Neither these Terms nor your use of the Services convey or grant you any rights: (i) in or related to the Services except for the limited license granted below; or (ii) to use or reference in any manner AHI’s company names, logos, product and service names, trademarks or services marks or those of AHI’s licensors.
- Use of The Services
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by AHI; (iii) decompile, reverse engineer or disassemble any portion of the Platform except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Technology Platform; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or
(vi) attempt to gain unauthorized access to or impair any aspect of the Technology Platform or its related systems or networks.
- Licenses and Consents
Subject to your compliance with these Terms, AHI grants you a limited, non-exclusive, non- sublicensable, revocable, non-transferable license to: (i) access and use the Technology Platform on your personal device solely in connection with your use of the Services; and (ii) 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 AHI and AHI’s licensors.
- User Accounts
- User Conduct
The Services are not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to use the Services. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services and the Transportation Services, using them only for lawful purposes (e.g., no transport of unlawful, dangerous, or hazardous materials), and not causing nuisance, annoyance, inconvenience, or property damage, whether to the Transport Providers or any other party. You will be required to follow all safety protocol and instructions provided by the aircraft commander and crew when using the Transportation Services.
- Physical Security
AHI and/or the Transport Providers may engage independent, third party security personnel ("Security Partners") to help ensure your safety and security.
You may be subject to "airport style" security measures when using the Transportation Services. These measures may include being subject to a metal detector, baggage manual inspection, and other similar security measures. You may not bring dangerous items on your journey, such as firearms, knives, explosives, radioactive material, among others. You may also be subject to screening against various databases (i.e.: no-fly lists, criminal watch lists, etc.).
Each of AHI, the Security Partners and the Transport Providers, and any other third parties providing aspects of the Services, are entitled to refuse to offer you any Services, in whole or in part, for any reason, and will immediately contact appropriate authorities should you refuse.
In certain instances, you may be asked to provide proof of identity – to be done upon the presentation of an Photo ID matching exactly what was provided in your user account – to access or use the Services, and you may be denied access to or use of the Services if you refuse to provide such document.
During your flight, you may be separated from your baggage and belongings and the discretion of our Transport Providers. Items that may be "fragile" should not be brought on the Service, and, in accepting these Terms, you agree that neither AHI nor any Transport Provider assumes (and strictly waives) any responsibility for your baggage and belongings.
No animals (even in cages) are allowed during the use of the Transportation Services.
To the extent that you provide any personal information to Transport Providers or other third parties, such information will be subject to the separate policies of such organizations and you agree that AHI shall have no obligation or liability with respect to such entities collection or use of such information.
- Text Messaging
By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from AHI at any time. However, opting out of receiving text (SMS) messages may impact your use of the Services.
- Network Access and Devices
You are responsible for obtaining and paying for the data network access necessary for you to access the Services. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and the Technology Platform, as well as any updates thereto. AHI 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.
You understand that the use of the Services may result in charges to you for the services or goods you receive from the Transport Providers ("Charges"). After you have received services or goods obtained through your use of the Services, you will pay AHI, that has been acting as your commissionaire acquiring the Transportation Services and that, in its turn, shall forward the corresponding amount to applicable Transport Provider on your behalf. Payment of the Charges in such manner shall be considered the same as payment made directly by you Transport Providers. Charges will be inclusive of applicable taxes if applicable by law. Charges paid by you are final and non-refundable, unless otherwise determined by AHI. All Charges are due immediately and payment will be facilitated by AHI using the preferred payment method designated in your Account, after which AHI will send you a receipt by email encompassing details of what has been hired and, if applicable, AHI shall issue an invoice relating to the commission for the hired service – commission shall already be included in the receipt. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, AHI may use a secondary payment method in your Account, if available.
As between you and AHI, AHI reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in AHI’s sole discretion. Charges applicable in certain geographical areas may increase substantially during times of high demand. AHI will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or their amount.
AHI may from time to time provide certain users with promotional offers and discounts, obtained by means of negotiations with Transport Providers, that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services. Such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you.
You may elect to cancel your request for Services at any time prior to the final confirmation of your journey. Once you have proceeded to final confirmation, the cancellation may lead to the collection of a portion or the entirety of the quoted Charges.
All purchases made through a payment card (e.g. credit card, debit card, cash value card, gift card) are processed by a third party. We are not responsible for any error or other incident caused by or attributed to this payment card processor.
- User Responsibilities for Charter Service
- Scheduled Flights: No flights will be held past the time of departure, at AHI’s sole discretion.
- Late Arrival for Scheduled Flight Services: In the event the User is going to be late for a scheduled flight,
User should advise AHI as soon as possible. AHI cannot guarantee that it will hold a flight, especially if other passengers are on board the scheduled flight.
- Late Charges: In the event the User is late for the scheduled flight, AHI reserves the right, at its sole discretion, to charge the User $250 per 10 minutes the flight is waiting past the scheduled departure time. These costs are derived from a combination of idle time, reposition costs, and duty hours.
- Repair or Cleaning Fees
You will be responsible for the cost of repair for damage to, or necessary cleaning of, equipment and property resulting from use of the Services under your Account in excess of normal "wear and tear" damages and necessary cleaning ("Repair or Cleaning"). In the event that an Operator or Partner reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by AHI, in AHI’s reasonable discretion, AHI reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Transport Partner using the payment method designated in your Account. Such amounts will be transferred by AHI to the applicable Transport Partner and they are non-refundable.
12. Cancellation and Refunds
Due to the limited passenger space available for the services provided, the following refund policy will apply to all cancellations:
- Cancellation Within 24 Hours of Flight: No refunds will be provided for any cancellation received within 24 hours of the scheduled departure date and time
- Cancellations Received Within 24 – 48 Hours of Flight: For all cancellations within 24 to 48 hours of scheduled departure date and time, customer will be issued a refund of 80% of flight charges, and Airbus Ride reserves the right to retain a cancellation fee of 20% of funds on deposit
- Cancellations Received Within 48 Hours or More of Flight: For all cancellations received at least 48 hours prior to the scheduled departure date and time, customer will be issued a refund of 90% of flight charges, subject to a ten percent (10%) administrative fee retained from funds on deposit
All cancellations must be received in written or electronic form, and Airbus Ride reserves the right to revise this policy from time to time
- Disclaimers; Limitation of Liability; Indemnity
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." AHI DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. AHI MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES, TRANSPORTATION SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. AHI DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF ANY TRANSPORT PROVIDERS THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
AHI IS NOT RESPONSIBLE FOR INTRINSIC ISSUES RELATED TO THE PROVISION OF THE TRANSPORTATION SERVICES, AND AS SUCH SHOULD NOT BE HELD RESPONSIBLE, FOR EXAMPLE, FOR THE CANCELLATION OR DELAY – CAUSED BY THE TRANSPORT PROVIDERS – A RESULT OF CLIMATE CONDITIONS THAT PREVENT AND/OR DERIVE THE TRANSPORTATION SERVICES.
YOU EXPRESSLY ACKNOWLEDGE THAT AHI IS NOT AND WILL NOT BE RESPONSIBLE FOR THE PRACTICES AND POLICIES ADOPTED BY TRANSPORT PROVIDERS, INCLUDING WITH RESPECT TO SAFETY.
AHI ONLY ALLOWS TRANSPORT PROVIDERS THAT ARE AUTHORIZED AND LICENSED COMPANIES TO PROVIDE SERVICES. NEVERTHELESS, AHI IS NOT RESPONSIBLE FOR THE PRACTICES, LICENSES AND POLICIES OF TRANSPORT PROVIDERS AND USERS AGREE THAT THEY ARE RESPONSIBLE FOR THEIR OWN DECISION TO TAKE A JOURNEY WITH ANY TRANSPORT PROVIDERS LOCATED ON THE TECHNOLOGY PLATFORM.
- LIMITATION OF LIABILITY
AHI, AND ITS PARENTS, AFFILIATES AND THEIR OFFICERS, DIRECTORS AND EMPLOYEES (THE “AHI RELEASEES”, SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, CONNECTED WITH, OR RESULTING FROM ANY USE OF THE SERVICES, EVEN IF AHI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
AHI RELEASEE’S SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (I) YOUR USE OF OR RELIANCE ON THE SERVICES AND TRANSPORTATION SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (II) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY OPERATOR AND PARTNER, EVEN IF AHI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AHI RELEASEE’S SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND AHI'S REASONABLE CONTROL.
IN NO EVENT WILL AHI RELEASEE’s TOTAL LIABILITY TO YOU IN CONNECTION WITH SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED CHARGES PAID BY YOU FOR SERVICES.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR CONSUMER RIGHTS THAT CANNOT BE EXCLUDED, CHANGED OR MITIGATED UNDER APPLICABLE LAW.
You agree to indemnify and hold AHI and its Parents, Affiliates and their officers, directors, employees, and agents harmless from any and all liability relating to claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services, Transportation Services or from goods or obtained through your use of the Services; (ii) your breach or violation of any of these Terms; and (iii) your violation of the rights of any third party, including Transport Providers.
- Dispute Resolution – Arbitration
Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes") will be settled by binding arbitration between you and AHI, without prejudice to the parties’ right to seek in court any interim or interlocutory relief in aid of arbitration and/or to protect its rights before the constitution of the Arbitral Tribunal, including the remedies against threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and AHI are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and AHI otherwise agree in writing, the Arbitral Tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.
Arbitration Rules and Governing Law
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" Section. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879. The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175).
The arbitration shall be conducted by one arbitrator, who will be either a retired judge or an attorney licensed to practice law. If the parties are unable to agree upon an arbitrator within 7 days of delivery of the Demand for Arbitration, then AAA will appoint the arbitrator in accordance with the AAA Rules. The parties agree to jointly waive the applicability of the AAA Rules’ provisions that limit their choice of arbitrator to the AAA’s roster of arbitrators. Any and all controversies related to the nomination of the arbitrator shall be settled by the AAA.
Arbitration Location and Procedure
The arbitration will be conducted in English in Tarrant County, Texas. If your claim does not exceed US$10,000.00 then the arbitration will be conducted solely on the basis of documents you and AHI submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds US$10,000.00 your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator shall decide the merits of the Dispute in accordance with the laws of the State of Texas and shall not act as amiable compositeurs or decide the merits of the Dispute ex aequo et bono. Judgment on the arbitration award may be entered in any court in Tarrant County, Texas. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under Texas law.
- Other Provisions
- Choice of Law
These Terms, with the exception of Section 6 (Dispute Resolution), are exclusively governed by and construed in accordance with the laws of the State of Texas, without giving effect to any conflict of law principles, except as otherwise provided in supplemental terms applicable to your region.
AHI may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been received upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to AHI, with such notice deemed given when received by AHI, at any time by first class mail or pre-paid post to AHI’s company address.
You may not assign these Terms without AHI’s prior written approval. AHI may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of AHI’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, AHI or any Operator or Partner arising from the contractual relationship established between you and AHI, your consent to this Terms or your use of the Services. If any provision of these Terms is held to be illegal, invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. AHI’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by AHI in writing.
AHI may amend these Terms from time to time in accordance with applicable law. Amendments will be effective upon AHI’s posting of such updated Terms at this location, when the Last Updated Date at the top of this page will be changed, or the amended policies or supplemental terms on the Services. Your continued access or use of the Services after such update of these Terms become in effect and constitutes your consent to be bound by the Terms, as amended. You understand and accept that it is your responsibility to review this page for any updates to the Terms.
If you have any questions about these Terms, please contact us at (972) 522-5353.