airsedona



AIR SEDONA TERMS & CONDITIONS/CUSTOMER AGREEMENT



THE FOLLOWING TERMS & CONDITIONS (the “Terms”) SHALL GOVERN THE RELATIONSHIP BETWEEN AIR SEDONA, INC. (“Air Sedona”), AND ANY AND ALL CUSTOMERS (the “Customers”) AND PASSENGERS FOR WHOM AIR SEDONA ARRANGES, RESERVES OR OTHERWISE INITIATES TRAVEL VIA ONE OF AIR SEDONA’S AIRCRAFT OPERATORS (the “Operators”).

THE CUSTOMER UNDERSTANDS AND AGREES THAT THESE TERMS DO NOT CONSTITUTE A CONTRACT FOR CARRIAGE BETWEEN THE CUSTOMER AND AIR SEDONA. ANY CONTRACT FOR CARRIAGE RELATING TO AIR TRAVEL ARRANGED, CHARTERED, RESERVED OR OTHERWISE INITIATED FOR CUSTOMER BY AIR SEDONA IS SOLELY BETWEEN THE CUSTOMER AND THE OPERATOR AND AIR SEDONA IS NOT A PARTY OR THIRD PARTY BENEFICIARY OF SUCH CONTRACT FOR CARRIAGE.

IN THE EVENT OF ANY CONFLICT BETWEEN THESE TERMS AND THE OPERATOR’S CONTRACT FOR CARRIAGE, THESE TERMS SHALL PREVAIL TO THE EXTENT SUCH CONFLICT PERTAINS TO THE RELATIONSHIP BETWEEN AIR SEDONA AND THE CUSTOMER.

THE CUSTOMER UNDERSTANDS AND AGREES THAT AIR SEDONA IS NOT AN AIRCRAFT OPERATOR AND THEREFORE AIR SEDONA ASSUMES NO LIABILITY OR RESPONSIBILITY RELATING TO THE OPERATION OR ITINERARY OF ANY AIRCRAFT OWNED, MAINTAINED OR OPERATED BY ANY OPERATOR.

EACH BOOKING REQUEST IS NOT A RESERVATION.
EACH REQUEST FOR A SPECIFIC RESERVATION AT A SPECIFIC DATE/TIME IS NOT AN ACTUAL RESERVATION. ONCE RECEIVED, AIR SEDONA WILL VERIFY AIRCRAFT AVAILABILITY AND WILL REACH OUT AS SOON AS POSSIBLE WITH AN UPDATE ON YOUR TRIP CONFIRMATION. IF YOUR REQUESTED DATE/TIME IS UNAVAILABLE, AIR SEDONA WILL PROVIDE ALTERNATIVE DATES AND TIMES. IN THE EVENT THAT A SATISFACTORY RESERVATION CANNOT BE MADE, AIR SEDONA WILL ISSUE A FULL REFUND.

AIR SEDONA MAY, FROM TIME TO TIME, AMEND THESE TERMS IN ITS SOLE AND ABSOLUTE DISCRETION. ALL TRAVEL ARRANGED, RESERVED OR OTHERWISE INITIATED BY AIR SEDONA FOR CUSTOMER SHALL REMAIN GOVERNED BY THE TERMS IN EFFECT AT THE TIME OF SUCH BOOKING.

1. GENERAL PROVISIONS



1.1 Air Sedona maintains a platform on which Operators make air travel available to its Customers via website(s), mobile application(s), telephone and email.

1.2 Any and all air travel performed pursuant to these Terms is expressly subject to any and all contracts, agreements or terms and conditions by and between Operator and Customer.

1.3 Customers and Passengers acknowledge and agree that Air Sedona has no liability, responsibility, authority or control whatsoever relating to Operator’s ownership, operation, maintenance, procedures or itineraries with respect to operation of aircraft or the provision of air travel and related services by Operator. Any and all claims of any nature whatsoever relating to air travel provided by Operator shall be directed solely to Operator.

1.4 Customers and Passengers are responsible for complying with the Operator’s terms & conditions and/or Contract for Carriage (collectively, the “Operator’s Terms”), including, but not limited to the following: arrival at the airport in sufficient time for departure; pet carriage rules and restrictions; luggage and carry-on rules and restrictions; possession of valid personal identification and/or passport documents (as required by law and pursuant to the Operator’s Terms). Customer and Passengers should be aware that entry into another country may be refused even if they are in possession of required information and valid passports and visas.

1.4.1 In the event Customer or Passenger fail to arrive at the airport on time for departure or otherwise fail to comply with Operator’s Terms such that Operator is not able or willing to provide Customer and/or Passenger with the reserved air travel, Air Sedona shall have no liability whatsoever to Customer or Passenger for the cancelled air travel, nor does Air Sedona have any obligation to reschedule or arrange alternate air travel for Customer and/or Passenger without additional charges as may be required for any air travel arrangement made by Air Sedona in the normal course of business.

1.4.2 Customer and Passenger are solely responsible for obtaining and possessing at the time of air travel all travel documents required for their itinerary, including but not limited to passports, visas and government-issued photo identification. Customer and Passenger are solely responsible for presenting any such documents to relevant officials in a timely manner that does not alter or delay Customer or Passenger’s scheduled departure.

1.4.3 Customer and Passenger are solely responsible for compliance with all laws, regulations, orders, demands and travel requirements of the countries whose laws may govern the flight. (the “Travel Requirements”). Air Sedona does not provide advice or recommendations relating to Travel Requirements and Air Sedona recommends that Customer and Passengers consult the relevant government website regarding all such requirements. To the extent any Air Sedona employee or agent attempts to provide such advice, Air Sedona hereby expressly disclaims and denies liability for any statements made regarding Travel Requirements. Air Sedona also hereby expressly disclaims and denies liability for any statements made by any employee or agent of any Operator regarding Travel Requirements. Air Sedona shall have no liability whatsoever for Customer or Passenger’s failure to comply with applicable Travel Requirements.

1.5 Customer acknowledges and agrees that smoking is prohibited on all aircraft. Customer expressly agrees to indemnify Air Sedona against any and all claims, penalties, fees or other liabilities arising out of Customer’s failure to comply with this provision.

1.6 Customer accepts and assumes all responsibility and liability for the conduct of any and all Passenger(s) for whom s/he has arranged flights through Air Sedona. Customer acknowledges and agrees that by arranging flights for other Passengers, s/he has the authority to do so and that s/he has brought these Terms to the attention of the other passenger(s) and that they have agreed to be bound by them. Customer also acknowledges and agrees that s/he has brought the terms and conditions of the Operator(s) to the attention of the other Passenger(s) and that they have agreed to be bound by them. Customer further acknowledges and agrees that Customer and the other Passenger(s) for whom s/he arranged flights through Air Sedona are jointly and severally liable for any and all damages resulting from any default by Customer pursuant to these Terms or the Operator’s Terms. In the event of a breach of these Terms or Operator’s Terms by Customer or any other passenger(s), Air Sedona reserves any and all rights available to it by law to seek recourse, indemnification and other relief over against Customer and/or the other Passenger(s).

1.7 Customer acknowledges and agrees that the customer will become knowledgeable about and comply with the maximum number, weight and dimensions for carry-on and hold baggage, via the Operator’s Terms and/or the Air Sedona website. Customer further acknowledges and agrees that failure to comply with these requirements may result in Operator refusing to carry baggage on board its aircraft. Air Sedona assumes no liability whatsoever for such refusal.

1.8 Air Sedona may at any time and at its sole and unfettered discretion refuse to provide additional services to any Customer.

1.9 In the event an Operator makes Air Sedona aware of changes in an itinerary, Air Sedona shall use reasonable efforts to communicate such changes to Customer via the communication methods (e.g., telephone or email) provided to Air Sedona at the time of booking. Air Sedona shall have no liability whatsoever for any failure to succeed in communicating with the Customer concerning such changes.

1.10 In the event Customer or Passenger(s) fail to arrive on time for or otherwise qualify for all or any portion of the air travel booked through Air Sedona, Customer shall not be entitled to any refund from Operator unless otherwise designated in Customer’s agreement with Operator, regardless of the reason for Customer and/or Passenger’s failure to use any portion of the air travel.

1.11 In the event an Operator is diverted from or otherwise prevented from landing at its intended destination for any reason, Air Sedona shall take reasonable efforts to assist Customer in securing alternate transportation to his/her intended destination provided, however, that Customer understands and agrees that all costs and fees associated with such alternate transportation are to be paid completely and directly by Customer to any third party provider(s) of such alternate transportation. Any Contract for Carriage relating to such alternate transportation is solely between Customer and the third-party provider(s) and Air Sedona shall have no liability relating thereto. Customer further acknowledges and agrees that while Air Sedona may assist in booking alternate transportation, it in no way guarantees or warrants availability of alternate transportation deemed satisfactory to Customer and/or Passenger(s).

1.12 In the event that: (a) an Operator’s aircraft is detained (lawfully or otherwise) by any third party (including, but not limited to any regulatory, administrative, government agent or by way of lien or requisition for hire) making completion of Customer’s itinerary impossible; (b) the Operator has an administrator, receiver, trustee or other similar person acting on behalf of a lawful authority appointed over all or part of its assets in such a manner that prevents the Operator from completing the itinerary; or (c) the Operator becomes insolvent, enters into voluntary liquidation or is otherwise wound up such that completion of Customer’s itinerary becomes impossible, then Air Sedona shall use reasonable efforts to source an alternative Operator that is able to complete the Customer’s itinerary at a similar cost in accordance with the provisions of 1.11 above.

1.13 In the event an alternative Operator is sourced pursuant to the preceding paragraph 1.12, Air Sedona shall make the details of the alternate itinerary available to Customer and Customer shall be entitled to accept or decline the alternative arrangements.

1.13.1 If Customer declines the alternative arrangements, then Customer’s recourse shall lie solely and exclusively with Operator.

1.13.2 Where an offer of alternative transportation arrangements is accepted pursuant to paragraph 1.12, the Customer(s) accepting such arrangements shall be liable (in equal proportion) for any costs over and above the original total cost for the operation of the itinerary prior to the event(s) described in paragraph 1.12.

1.13.3 Where an offer of alternative transportation arrangements is made pursuant to paragraph 1.12 in relation to a booking that was made through a person authorized by a Customer to book air travel arrangements through Air Sedona, all communications and the issuance of travel documents shall be performed solely by the authorized person on behalf of and for the benefit of Customer and Passenger(s) and any payment shall be paid directly to Operator. Air Sedona will only communicate directly with Customer concerning such booking when specifically requested to do so by the authorized person.

2. MEMBERSHIP BENEFITS AND RESPONSIBILITIES



2.1 Once Customer becomes Air Sedona member, s/he may submit an aircraft charter request through Air Sedona's website in return for a discounted rate(s) based on their membership level.

2.2 Air Sedona offers two levels of membership: (i) Air Sedona Member, (ii) VIP Members.

2.3 CAUTION (when making a flight request): When submitting flight requests it is solely and entirely the Air Sedona member’s responsibility to ensure that it is accurate in every respect. Double and triple check all details but especially dates and times and desired route. Air Sedona has no means of noticing that an error has occurred.

2.4 CAUTION (when booking a flight): After receiving a quote in response to a flight request, the Air Sedona member is solely and entirely responsible for ensuring, before entering into a contract with an air operator that the operator has understood and accurately reflected the flight request in the quote which was provided by it. Only the Air Sedona member (passenger) is truly equipped to notice mistakes and misunderstandings and cause them to be corrected. Air Sedona introduces our members to the eligible operator(s) in response to a flight request. The ongoing communication and alterations and contracting is between the Air Sedona member and the operator alone.

3. EXCLUSION OF LIABILITY / INDEMNITY



3.1 Air Sedona shall be under no obligation to Customers and/or Passengers on a flight forming part of an itinerary in respect of any variation to or cancellation of an itinerary by the Operator (regardless of the reason therefor) and each Customer and Passenger hereby acknowledges to Air Sedona that in any such event they shall only have recourse against the Operator pursuant to the terms of conditions of the contract between the Operator and the Passengers.

3.2 Air Sedona shall be under no liability to any Customers and/or Passengers for any failure by Air Sedona to perform its obligations under these Terms arising from any reason beyond Air Sedona's control, including force majeure which shall include but not be limited to labor disputes, strikes or lock-outs.

3.3 Customer shall indemnify Air Sedona and hold Air Sedona harmless against any claims, demands, liens, judgment, penalties, awards, remedies, debts, liabilities, damages, costs (including, but not limited to, legal costs and attorney fees), demanded or sought by any Operator or other person on a flight in connection with the actions of a Customer’s Passenger(s) in any way connected with the embarkation, flight or disembarkation from an aircraft.

3.4 Customers and Passengers shall indemnify Air Sedona and keep Air Sedona indemnified against any claims, demands, liens, judgment, penalties, awards, remedies, debts, liabilities, damages, costs (including, but not limited to, legal costs and attorney fees) arising out of their conduct and/or non-compliance with these Terms or the Operator's Terms, during carriage on board an aircraft. Such indemnity shall be in effect for any claims brought against Air Sedona by an Operator in respect of cancellation fees payable under the Operator's Terms or any other fee or penalty including fees or penalties for cleaning, catering services, de-icing, hangar use, and airport or FBO fees of any kind.

3.5 Carriage booked under these Terms shall always be subject to the Operator's Terms.

3.6 In the event a booking is made through a travel agent, Air Sedona shall have no liability whatsoever to a Customer, Passenger, potential Customer or potential Passenger arising out of or in any way connected with such travel agent’s failure to comply with these Terms. In such circumstances, the sole recourse for an aggrieved Customer, Passenger, potential Customer or potential Passenger shall be against the travel agent or the air operator if a contract of carriage has been entered into between the Customer and Operator This provision shall include claims involving: (a) cancellation of an itinerary by Air Sedona due to the travel agent’s failure to effect payment within the timeframes set out under the agreement with Operator; (b) cancellation of an itinerary by Operator due to the travel agent’s failure to effect payment within the timeframes set out under the agreement between Operator and Customer; (c) the travel agent’s failure to transmit information (including booking confirmations and itinerary changes) to a Customer, Passenger, potential Customer or potential Passenger in a timely manner; or (d) errors in the data or information provided by the travel agent to Air Sedona.

3.7 Air Sedona’s platform permits Customers to make arrangements with independent contractor Operators. Although Air Sedona takes care in selecting these Operators, they are all independent parties and Air Sedona has no control over them and is not responsible for their acts or omissions. Services provided by these Operators are subject to any conditions imposed by them and as such, their liability is limited by their tariffs, conditions of carriage, booking terms, tickets and vouchers. Some of these terms and conditions may limit or exclude the Operator’s liability to Customers and Passengers.

3.8 Air Sedona is not responsible for any loss, damage or injury, whether physical or mental, or to property, resulting from any delay, substitution or deficiency of quality of equipment or service, or any act, omission, or negligence of any of the Operators, their agents, servants, employees or subcontractors supplying any of the services or for any claims for such loss, damage, or injury, whether physical or mental, arising therefrom, or from any claim that arises by reason of any action or omission of any party other than Air Sedona.

3.9 Air Sedona’s liability for any loss, damage or injury, whether physical or mental, arising from its own acts, omissions or negligence, is limited to the price of the fee paid to Air Sedona.

4. PAYMENT TERMS



4.1 All payments shall follow the terms and conditions outlined herein.

4.2 All payments are paid directly to Air Sedona via the website or APP.

4.3 All payments shall be made in USD.

4.4 Refunds of any booking(s) shall follow the cancellation policy set forth by Air Sedona in paragraph 6.1 and 6.2.

4.5 Air Sedona accepts credit card payments through its website or APP. Any currency exchange fee, foreign exchange rate difference, refund fees, transfer fees, wire fees, or bank fees are the sole responsibility of the Customer.

5. GENERAL



5.1 These Terms and Conditions set out the entire agreement and understanding between Air Sedona and Customers and Passengers regarding the use of the Air Sedona platform to charter aircraft. No Customer or Passenger may rely on any representations made to it by any other person or party, whether written or oral, except as is expressly contained in these Terms.

5.2 No failure by Air Sedona to exercise and no delay by Air Sedona in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies provided by law.

5.3 No Customer or Passenger shall be entitled to assign their rights or benefits under these Terms.

5.4 These Terms may not be varied except with the written agreement of Air Sedona.

6. CANCELLATION POLICY



6.1 Regular Flights, meaning flights that are not marked as SmartCharter® or Empty Leg flights, may be cancelled 8 or more days prior to departure for a full refund. Cancellations 5 days to 7 days prior to the departure would be subject to a charge of 50% of the booking total. Cancellations within 5 days would be subject to a charge of 100% of the booking total.

6.2 Any bookings made less than 5 days prior to the scheduled departure will be charted at 100% of the booking total. Any seats sold during those 5 days will be refunded to you.

6.3 SmartCharter® Cancellation Policy. If ANY seat(s) is/are sold to other client(s) under the SmartCharter® option you have selected, you will NOT be able to cancel or make any changes to the original booking.

If NO other passenger has booked seat(s) on the flight within 14 days prior to your scheduled departure date, you may cancel 8 or more days prior to departure for a full refund. Cancellations 5 days to 7 days prior to the departure would be subject to a charge of 50% of the booking total. Cancellations within 5 days would be subject to a charge of 100% of the booking total.

Any bookings made less than 5 days prior to the scheduled departure will be charted at 100% of the booking total. Any seats sold during those 5 days will be refunded to you.

6.4 Empty Leg Cancellation Policy. An Empty Leg flight cannot be cancelled for any reason and a refund will not be offered on any Empty Leg booking.

7. APPLICABLE LAW AND FORUM



7.1 The laws of the State of Arizona, shall apply in the event of a dispute, controversy or claim arising out of or in relation to the services provided by Air Sedona, without giving effect to any conflict of law principals. 6.2 Customer and Passenger(s) agree that the State of Arizona, shall have exclusive jurisdiction over the resolution of any dispute, controversy or claim arising out of or in relation to the services provided by Air Sedona.