Air Pooling Services Agreement
1. Flights are Coordinated by Members.
Air Pool Flights are self-aggregated flights coordinated by members, meaning the Hosting Passenger solely determines who is participating in each air pool flight as a Guest Passenger. Neither FlightLink nor the Operator shall play a role in determining who participates in each air pool flight, recommending or suggesting the point of departure, point of arrival, date or time for any proposed air pool flight. Every Air Pool Flight shall be a single entity Part 135 charter requiring the Hosting Passenger to pay in full for the total expense of the flight. The Hosting Passenger uses the FlightLink platform to self-aggregate demand for a flight he or she is paying for and may be reimbursed by Guest Passengers from time to time.
(a) Self Aggregated Single Entity Part 135. All Air Pools will be operated by Operators that are Federal Aviation Regulation (FAR) Part 135 certified and Department of Transportation (DOT) Part 298 registered air carriers that meet all applicable regulatory, operational and safety standards. The Operators will exercise complete, effective and sustainable operational control over each flight at all times. FlightLink does not operate aircraft; FAA licensed and DOT registered air carriers operate all flights listed on the FlightLink website. Members use the FlightLink website and service team to coordinate travel schedules with fellow members (“Self Aggregate”), while all flights are operated using independent third-party aircraft and operators. FlightLink will not be held liable for any acts of negligence by any operator used to transport members. Flight operations are the responsibility of the individual operators.
(b) No Guarantee. From time to time, there may be air pool flight, empty leg flights or other flight opportunities available to Member through the FlightLink website. There is no guarantee that any such flight opportunities shall become, or if provided, will remain, available to members of the Club, and, if available, there is no guarantee as to Member’s opportunity to participate in such flights. Member shall be required to agree to the terms and conditions applicable to such flight(s) prior to participating in any such flight opportunities. The member must have an active membership with current payment of the Subscription Fee for the period in which the the flight opportunities are scheduled in order to participate in any flight opportunity.
2. Required Information.
Every Hosting Passenger must provide the following information when proposing an air pool flight: (i) name of FlightLink Member or Designated Hosting Passenger in his or her Hosting Passenger Group; (ii) total number of passengers traveling in his or her Hosting Passenger Group; (iii) Guest Passenger Seat Availability; (iv) any restrictions on pets or children; (v) proposed departure and arrival airports; (vi) proposed date and time of departure. (vii) confirmation agreeing to contents in this service agreement.
Every Guest Passenger must provide the following information when requesting access to join a proposed flight: (i) Name of Guest Passenger (ii) total number of passengers traveling in his or her Guest Passenger Group; (iii) accurate payment information and (iv) confirmation agreeing to contents in this service agreement.
3. Air Pooling Payments and Cancellations.
(a) Hosting Passenger Payments. When a member proposes a flight on the Air Pooling platform for purposes of aggregating demand for a flight, such Member will be the Hosting Passenger. The Hosting Passenger shall be responsible for payment of the full cost of the proposed flight such that there is a single payor of the flight (“Single Entity”). Hosting Passengers, acting as a Single Entity, source and pay for the Part 135 flight directly using a preferred private aviation program, owned aircraft or third-party operator or charter broker. Members can request to become guests of the Hosting Passenger on the proposed flight. Hosting Passenger establishes a price for guest passengers who are then responsible for reimbursing the Hosting Passenger in an amount agreed to between Hosting Passenger and guest as defined in “Guest Payments” below.
(b) Guest Passenger Payments. Members may request to become Guest Passengers of the Hosting Passenger on flights proposed on the Air Pooling platform. Hosting Passengers set the amount due from Guest Passengers. Guests may be responsible for paying the pro-rata cost of the occupied seats of the flight, though the Hosting Passenger can elect to charge less than this amount. In no case can the Hosting Passenger require a Guest Passenger to pay more than the Guest Passengers pro-rata cost of the occupied seats. As an example, if the Hosting Passenger is paying $10,000 for a flight and is occupying two seats, a Guest Passenger group also occupying two seats will typically be charged $5,000 ($2,500 per Guest Passenger seat). The Host Passenger may charge the Guest Passenger less than $5,000, but not more. FlightLink provides the payment platform used by the Guest Passenger to complete payment prior to the flight. Guest payment funds net of the Booking Transaction Fee (defined below) will be distributed to the Hosting Passenger after the flight has been successfully completed.
(c) Booking Transaction Fee. To help operate the technology, infrastructure and employ the service team required to arrange flights, a Booking Transaction Fee is calculated for each flight arranged with Guest Passengers. The standard Booking Transaction Fee is 10 percent of the total amount paid by guest passengers, unless otherwise communicated during the flight arrangement process. This fee is calculated by multiplying the aggregate Guest Payment amounts by the fee percentage and distributing the fee pro-rata among all trip participants.
(d) Credit Card Processing Fee. When using a credit card for payment to Hosting Passengers, Guest payers pay a convenience fee of 5 percent per transaction to cover credit card processing and payment platform fees. Other payment options not requiring a processing fee may be available from time to time.
(e) Guest Cancellations. Once a Guest Member has been confirmed as a Guest Passenger and has paid for the flight, the Guest Member shall forfeit all monies paid for the flight unless the Hosting Passenger is willing to release the funds back to the Guest Passenger.
(f) Hosting Passenger Cancellations. Once a Hosting Passenger confirms a flight with Guest Passengers and Guest Passengers have submitted payment, the Hosting Passenger must make every reasonable effort to complete this flight.
4. Force Majeure.
If a flight is delayed or any change to an itinerary is required as a result of a “Force Majeure Event” (e.g. adverse weather conditions, aircraft damage, lack of essential parts or supplies, mechanical problems, illness or incapacitation of crew members, denial of operating or landing approvals, clearances or permits by governmental authority, or any other cause which is beyond the control of FlightLink or the Operator), the Hosting Passenger shall have the right to select from among the recovery options presented by FlightLink or the Operator. If a Guest Passenger does not want to participate based on the solution selected by the Hosting Passenger, the Guest Passenger can cancel his or her participation in the flight at no cost and the Hosting Passenger can proceed by paying the additional cost attributable to the departing Guest Passenger(s).
If the Hosting Passenger does not want to pursue any of the recovery options offered by FlightLink, as agent for the Shared Passengers, or the Operator, he or she can back out at no cost and the Guest Passenger(s) can take the recovery paying the full cost of the flight without contribution by the Hosting Passenger.
5. Flight Rules and Traveler Conduct
FlightLink articulates basic guidelines below for all members and their travel guests. Members must realize there may be times when traveling members or their travel guests will violate those guidelines. When this happens, FlightLink will take steps to verify the actions of the member or their travel guests, and if warranted, terminate the membership privilege of the violating member. All traveling members are responsible for the behavior of their travel guests. FlightLink accepts no responsibility or liability for the behavior of any member or member travel guest.
(a) Departure Time and Tardiness. Departure Time will be defined during the flight arrangement process and must be adhered to by the Hosting Passenger and all Guests. We suggest all travelers arrive at the airport Fixed Based Operator (FBO) at least 30 minutes prior to Departure Time. Passengers are considered "LATE" if they arrive less than 10 minutes before Departure Time. The aircraft will leave at the scheduled Departure Time and will not wait for any traveler for any reason. If the Traveler misses the flight, the traveler will forfeit all prepaid monies.
(b) Passenger Identification. All adult (18 years or older) passengers must present a valid driver's license or US passport before boarding the plane. The FAA requires that all charter flights have a passenger manifest which is a list of all passengers boarding the aircraft. Therefore, after you have confirmed a flight, we will supply the name, date of birth and weights of all members in your travel party to the operator that will be flying you to your destination. The pilots will check the presented IDs against this manifest. Anyone not on this manifest will not be allowed to board the aircraft. Operators are instructed to maintain strict confidentiality of this manifest.
(c) No Smoking. All flights are non-smoking. Anyone violating this restriction will have his or her membership privileges terminated.
(d) Pets or Animals. Pets may be allowed provided FlightLink is notified of a pet before the flight is confirmed, and provided FlightLink receives approval from the operator and the other FlightLink members on the flight.
(e) Traveling With Children Under The Age Of 10. Members traveling with children under the age of 10 must note this during the flight posting or requesting process and/or during flight plan communications. All members of the travel party, including children over the age of two years old, must have a paid seat allocated to them.
(f) Behavior Of Traveling Members And Member Travel Guests. All members and their travel guests are expected to engage in courteous, proper, and respectful behavior to other passengers and crewmembers at all times. The aircraft crews are professionals with the responsibility of safely delivering all passengers to their destination. FlightLink members and their travel guests are expected to adhere to all instructions from the crew members and respect the professionalism and required safety responsibilities of the aircraft crew.
(g) Drug & Alcohol Policy. Passengers will not be permitted to board aircraft when they appear to be under the influence of drugs or alcohol. FlightLink personnel or the PIC may deny transportation to any member who, immediately prior to boarding the aircraft, appears to be under the influence of drugs or alcohol.
(h) Luggage. All private aircraft have a limited amount of luggage capacity. All Guest Passengers will be limited to 25 pounds of total luggage not exceeding that capacity both in volume and weight. If a Guest Passenger would like to transport more than 25 pounds, they must notify FlightLink and receive approval from the Hosting Passenger for their desired amount prior to departure. If you arrive with luggage that exceeds your approved allocation, the excess amount will not be allowed on the aircraft. The total weight and volume of all luggage is critical to the safe operation of all aircraft. The PIC will have the sole authority to decide what luggage is allowed on the aircraft. We strongly urge all our members to send any excess luggage to your destination in advance of departure.
(i) Prohibited Items. The Transportation Security Administration prohibits the carriage of certain items on commercial aircraft. A list of the prohibited items is given at https://www.tsa.gov/travel/security-screening/whatcanibring. All passengers are required to inform FlightLink in advance if passenger wishes to bring firearms or other prohibited items aboard the aircraft, and passenger must consent to the secured stowing of the firearm or other prohibited item as required by law and as directed by the flight crew.
(j) Prohibited Substances. Marijuana and other federally controlled substances are strictly prohibited from carriage or use aboard the charter flight unless their possession and use is in accordance with a doctor’s medical prescription. The captain may immediately land the aircraft and terminate the flight if prohibited controlled substances are brought onboard or are used. Customer will be responsible for all costs associated with the diversion of the aircraft, with cooperation with local law enforcement, and with thorough cleaning of the aircraft.
(k) Inspection. All baggage and personal items brought on board the aircraft are subject to inspection as may be required by law or as may be determined necessary by the flight crew.
FlightLink shall require every Operator providing flights for members to maintain liability insurance coverage. Member and its passengers shall be added as additional insureds under Operator’s insurance coverage for their respective rights and interests in respect of liability arising out of flights taken on aircraft owned and/or operated by Operator.
FlightLink shall not be liable or responsible for activities undertaken, services directly provided or performed by the other for, or on behalf of, Member; (b) FlightLink shall not be liable under any negligence, strict liability or contract any (i) matter beyond its reasonable control, (ii) consequential, indirect, incidental, special, punitive, lost profits, exemplary or reliance damages, (iii) amounts in excess of the price paid for a particular flight or services procured through FlightLink, (c) FlightLink shall not have nor does it assume any liability or responsibility to Member for activities performed by any Operator for any flight arranged through FlightLink; (d) the operator of each flight shall be solely responsible for all claims arising out of any and all occurrences, accidents or incidents that occur on or in connection with the aircraft operated by such Operator, including, without limitation, all personal injuries, property damage or wrongful death. Notwithstanding the foregoing, in no event shall Member pursue FlightLink for any amount in excess of the actual Membership Fee and FlightLink’s liability, if any, shall be strictly limited to an amount equivalent to such Membership Fee actually paid by Member.
Each Member (“Indemnitors”) hereby indemnifies and agrees to hold harmless FlightLink, the other Members, and any parent, subsidiaries and affiliates and their officers, directors, agents, servants and employees (the “Indemnitee(s)”) from and against any and all liabilities, claims, demands, suits, judgments, damages, losses, costs and expenses (including reasonable legal expenses and attorneys’ fees) for or on account of or in any way connected with the Indemnitor’s breach of these terms and conditions for air pool flights or any actions or omissions of such Indemnitor in relation to any air pool flight; unless such loss or damage arises from the gross negligence or willful misconduct of the Indemnitee.
9. No Warranties.
FLIGHTLINK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO ANY MATTER ARISING OUT OF THIS AGREEMENT OR THE SERVICES PROVIDED TO MEMBER OR ANY GUEST OF MEMBER; FLIGHTLINK HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE. MEMBER ACKNOWLEDGES AND AGREES THAT THE ENTIRE RISK ARISING OUT OF THEIR USE OF THE SERVICES, AND ANY THIRD PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH THEM TO THE MAXIMUM EXTENT PERMITTED BY LAW.
10. Electronic Signatures.
Member and FlightLink agree that: (a) receipt of information electronically that the recipient reasonably believes to be authorized by the transmitting party shall constitute the valid signature on behalf of the transmitting party (it being agreed that transmission from an email address identified by Member as an authorized email address of Member shall be reasonable to accept); (b) such electronic transmissions shall be deemed to satisfy any federal, state or local laws or regulations requiring that agreements be in writing; (c) neither party shall contest the validity or enforceability of any such electronic transmission; and (d) computer maintained records when produced in hard copy form shall constitute business records and shall have the same validity as any other generally recognized business records.
11. Member Data.
FlightLink takes all appropriate measures to maintain data regarding its members and their guests as confidential. All flights require disclosure of the name of all persons on a flight to Operator performing the flight. Additionally, FlightLink may be required to furnish Member and Member’s guests’ data, such as name and date of birth, or passport information, to comply with national and international security requirements or governing bodies. It may also be necessary for us to provide names of persons on a flight to third parties providing services related to a flight such as ground transportation, catering services or other services requested by Member. By requesting to book flights or other services, Member consents to FlightLink’s necessary use of Member’s data and the transfer of such data to the relevant Operator or other third-party as may be necessary to fulfill Member’s request for services. FlightLink does not sell Member data to any third party. By applying for membership and joining FlightLink, the applicant agrees to be listed in the member directory. All FlightLink members are allowed access to the directory.
12. Confidentiality of Passenger Information.
Certain Member contact information will be shared with other Air Pool Passengers to allow for communication amongst Air Pool Passengers regarding the air pool flight. Member agrees that he or she will hold and maintain all information he or she receives regarding his or her Air Pool Passengers by virtue of sharing the flight, including the fact of their participation in the flight and their contact information, in the strictest confidence and will use such information, in accordance with these terms and conditions for air pool flights, solely for the purpose of communications regarding the air pool flight.
13. Member Representations.
Member expressly represents and warrants that (i) it is at least 21 years old, (ii) it shall only use the services provided in accordance with applicable law and the terms of this Agreement, (iii) it has the authority, capacity and right to enter into this Agreement and to abide by the terms and conditions of this Agreement and (iv) services are to be for Member’s sole, personal use and that of its immediate nuclear family members.
15. Governing Law and Dispute Resolution.
This Agreement and the provision of services by FlightLink hereunder shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to conflict of law principles. Any dispute arising under this Agreement or the services provided by FlightLink shall be finally settled by binding arbitration before a panel of one (1) arbitrator in accordance with the arbitration rules of Judicial Arbiter Group, Inc. (JAG). Judgment on the award may be entered in any court of competent jurisdiction. The location of arbitration shall be Denver, Colorado. No class arbitration shall be permissible. In the event Member fails to pay any sums due to FlightLink hereunder at the time such sums are due to be paid, FlightLink shall be entitled to recover all attorneys’ fees and costs from Member related to or arising out of any efforts to collect such sums from Member, including any legal proceedings or arbitration that is commenced in order to collect such sums.
16. Further Assurances.
Member hereby agrees to take such further actions as may be reasonably requested by FlightLink in connection with the services to be provided hereunder for the performance of its obligations hereunder on behalf of Member.
17. Terms Subject to Change.
By entering into this Agreement, Member agrees to all Terms and Conditions. FlightLink may modify or amend this Agreement from time to time. We will post the amended terms and conditions on the website. All amended terms shall be effective upon posting of such amended or modified terms and conditions. Member’s continued access or use of the Services after such posting constitutes Member’s consent to be bound by the Terms and Conditions of this Agreement, as amended or modified.
Member acknowledges and agrees that the aviation business is regulated by certain national, international, state and local governmental laws and regulations and that such laws, regulations and best practices in the industry may change from time-to-time and, accordingly, FlightLink shall have the right to modify this Agreement at any time by providing written notice to Client, and such modifications to this Agreement shall be effective immediately upon the posting of the amended terms and conditions on the FlightLink website. Accordingly, Members continued use of FlightLink services shall be deemed Members conclusive acceptance of any modifications to this Agreement.
If any provision of this Agreement is declared by an arbitrator or a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full effect and enforceable. This Agreement together with the exhibits, schedules and attachments, and agreements referenced herein and incorporated herein by reference constitute the entire agreement between the parties concerning its subject matter and supersedes any prior or contemporaneous agreements, understandings or proposals. Paragraph headings are for convenience of reference only and shall not affect or be utilized in construing or interpreting these terms and conditions. No provision of, right, power or privilege under this Agreement shall be deemed to have been waived by any act, delay, omission or acquiescence on the part of any party, its agents or employees, but only by an instrument in writing signed by an authorized representative of each party. No waiver by any party of any breach or default of any provision of this Agreement by the other party shall be effective as to any other breach or default.
19. Notices. FlightLink may give notice by means of electronic mail to Member’s email address on record in FlightLink’s account information, by posting such notice to the website, or by written communication sent by first class mail or pre-paid post to Member’s address on record in FlightLink’s account information. Member is responsible for keeping his or her account information up to date. Member may give notice to FlightLink at any time by (i) email to FlightLink at: email@example.com; or letter delivered by overnight delivery or prepaid mail to: FlightLink, 3463 Blake Street, Denver CO, 80205.