Membership Agreement, Terms & Conditions
Agreement Between User and FlightLink
Thank you for applying to join FlightLink Aviation Club, Inc. (“FlightLink” or the “Club”). This Membership Agreement, Terms & Conditions (collectively the “Agreement”) will govern your use and enjoyment of FlightLink, the FlightLink website (the “Website”), the FlightLink member application (the “Application”) as well as other opportunities, services, benefits, and privileges that we may make available to you from time to time in connection with your FlightLink membership (collectively, “Opportunities”).
The terms “we”, “us”, “our” and “Operator” refer to FlightLink Aviation Club, Inc. The terms “you,” “your,” “Member,” “Co-Member,” and “Guest(s)” refer to you and all FlightLink Members and other persons we permit to receive any Opportunities.
Membership in FlightLink is offered to you conditioned upon your approval through the application process and your agreement to accept the terms of this Agreement. If you agree to be bound by this Agreement, you should click on the “I accept the FlightLink Terms and Conditions” selection on the application page of our Website. In addition, payment of any fee, or use of your Membership shall also be considered acceptance of this Agreement.
This Agreement constitutes the entire agreement (the “Agreement”) between you and FlightLink for participation in the Club (as defined below). Participation in the Club provides access to purchase flight Opportunities, including but not limited to air pool flights, charter flights, and commercial airline tickets. These purchases require separate and distinct payments from the Subscription Fee described below. Separate provisions, terms and conditions apply to these Opportunities and are not comprised in this Agreement. If you elect to participate in these flight Opportunities, you will be required to agree to the specific terms of these Opportunities, including the Air Pooling Services Agreement, Aircraft Charter Services Agreement and Commercial Airline Agency Agreement as appropriate. IN THE EVENT OF ANY CONFLICT BETWEEN THESE TERMS AND THE TERMS OF ADDITIONAL OPPORTUNITIES, THE ADDITIONAL OPPORTUNITIES TERMS SHALL CONTROL.
Please review this Agreement carefully. This Agreement in its entirety will become effective upon the Effective Date (as defined below).
1. Invitation Only Membership Club.
FlightLink is a private membership club offering a suite of benefits designed to increase financial efficiency and lifestyle enjoyment of multiple forms of air travel. Membership is by invitation only and is restricted to individuals over the age of twenty-one years who are known by Club management, are referred by a member and/or are approved through the application process. All members may be subject to credit, background, and reference checks. THE CLUB RESERVES THE RIGHT TO DENY ANY APPLICANT FOR ANY REASON OTHER THAN REASONS BASED ON RACE, GENDER, OR RELIGION.
2. Member Benefits.
Members pay for flight Opportunities on a per-flight, a-la-carte basis and payment of the Subscription Fee does not include any payment for flight activities. In exchange for the Subscription Fee outlined below, the Club provides access to numerous services and benefits (collectively, the “Services”).
Flightlink does not, in any way, actively facilitate air pooling activities, and does not undertake in the assemblage of groups of fliers for flight sharing, nor does it play any meaningful role in the aggregation process.
FlightLink cannot and does not represent, warrant or guarantee the availability of the air pooling platform or the promise of any FlightLink member to participate in a specific flight, and assumes no responsibility or liability to you whatsoever for the acts or omissions of FlightLink Members in connection with flight sharing, including, without limitation, cancellations or personal injury or property damage, regardless of whether or not FlightLink has facilitated the coordination of shared flights or confirmed the bookings.
B.) Aircraft Charter Brokerage Services. Members may submit an aircraft charter request through the Application for an itinerary specified by the Member. FlightLink shall use its reasonable efforts to procure a price for such charter from approved aircraft operators and communicate the same to Member. The terms and conditions of any flights arranged by FlightLink for on demand air transportation for Member shall be set forth in and subject to the Aircraft Charter Services Agreement, which together with this Agreement shall govern the use of the Club. Member shall be required to agree to the terms of the Aircraft Charter Services Agreement prior to booking each flight reservation. Member will pay for the charter flight through the Application payment platform or other methods that may be available from time to time. FlightLink is an “Air Charter Broker” under DOT regulations. FlightLink acts as authorized agent for the Member, which is the “Charterer” under DOT regulations, to contract for transportation services with FAR Part 135 Direct Air Carriers that operate and exercise full operational control over those flights at all times.
C.) Commercial Airline Ticket Bookings. Members may submit a commercial airline ticket request through the Application for an itinerary specified by the Member. FlightLink shall use its reasonable efforts to procure a price for such airline tickets from approved commercial air carriers and communicate the same to Member. To finalize and secure commercial airline tickets, Member will be required to sign the separate Commercial Airline Agency Agreement. Airline tickets are generally restrictive, non-refundable, and non-transferable. Modification of passenger names, dates, times, routings, or departure/arrival airports is at the sole discretion of the airline and, if permitted, will likely be subject to a substantial change fee. Passenger is responsible for any such fees. With regard to the purchase of air tickets, FlightLink acts simply as an intermediary between Member and the airline. Once Member confirms desire to book a reservation, Member credit card or ACH will be charged for the amount shown – regardless of whether or not the reservation is used. Credit will not be given for any unused airline tickets and cannot be used toward any future bookings.
D.) Additional Benefits. FlightLink may provide additional benefits and other amenities to Member through partnerships that FlightLink establishes with third parties on behalf of its members. Certain of these benefits may have limited availability and may be subject to additional terms and conditions. FlightLink is not responsible for the products or services offered by its partners or any other third-parties, their agents or affiliates (“Third Parties”) and makes no representation or warranty with respect thereto. Member’s relationship with any Third Parties are solely between Member and such Third Party and are subject to any terms and conditions associated with such relationships. Use of any Third Party product or service is at Member’s own risk and FlightLink assumes no legal liability of any kind.
The member must have an active membership with current payment of the Subscription Fee for the period in which the flight opportunities are scheduled in order to participate in any flight opportunity.
3. Annual/Monthly Subscription Fee and Term
Monthly Subscription Fee: By selecting a Monthly Subscription, you agree to pay your “Subscription Fee” on a monthly basis at the then-current Monthly rate commencing at the conclusion of your free trial period, if applicable. The Monthly Fee is non-refundable and shall be paid by using an authorized credit card. Pursuant to this agreement, Member authorizes FlightLink to charge the credit card on file for the Monthly Fee on the first day of each Monthly renewal period. You may cancel your Monthly Subscription at any time electronically or by providing written notice. The Monthly Fee is subject to adjustment annually at the sole discretion of the Club.
Annual Subscription Fee: By selecting an Annual Subscription, you agree to pay your “Subscription Fee” on an annual basis at the then-current Annual rate commencing at the conclusion of your free trial period, if applicable. The Annual Fee is non-refundable and shall be paid by using an authorized credit card. Pursuant to this agreement, Member authorizes FlightLink to charge the credit card on file for the Annual Fee on the first day of each Annual renewal period. You may cancel your Annual Subscription at any time electronically or by providing written notice. The Annual Fee is subject to adjustment annually at the sole discretion of the Club.
The Subscription Fee, whether paid monthly or annually, shall not be refundable under any circumstances. Member’s participation in the Club shall automatically be renewed and extended for a successive monthly or annual period unless either FlightLink or Member gives written notice to the other of its intention to terminate Member’s participation in the Club.
Member benefits inure to member and immediate nuclear family. Guest passes may be available to access flight Opportunities from time to time for an additional fee.
4. Invoicing and Payments.
At all times, Member is required to have a valid credit card on file with FlightLink to be used for payment of their Subscription Fee and for certain future services and incidentals. Payments for flight bookings shall be made using FlightLink’s online payment platform, unless other arrangements are agreed to. All payments must be made up-front at the time of booking a flight. Failure to make payment for services provided may result in the revocation or suspension of membership and membership privileges at the sole discretion of FlightLink with no further obligation to Member.
Member may terminate its participation in the Club at any time by the delivery of written notice to FlightLink. FlightLink reserves the right to terminate Member’s participation in the Club at any time, for any reason by delivery of written notice to Member of such termination. No refund shall be made to Member for any previously paid Subscription Fee upon termination as set forth herein.
(a) 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 Subscription Fee and FlightLink’s liability, if any, shall be strictly limited to an amount equivalent to such Membership Fee actually paid by Member.
7. 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.
8. 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.
9. 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.
10. 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.
11. Intellectual Property.
The FlightLink name, logo(s), and the names associated with the Services are trademarks of FlightLink or third parties, and no right or license is granted to use them. FlightLink shall own all right, title and interest, including all related intellectual property rights, in and to the Services (including the Website) and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by Member or any other party relating to the Services. This Agreement is not a sale and does not convey any rights of ownership in or related to the Services or any intellectual property rights owned by FlightLink.
12. 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.
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.
14. 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.
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.
16. 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, 1515 Arapahoe Street, Suite 500, Denver, CO 80202.
17. Indemnity. You indemnify and hold harmless FlightLink, its contractors, third-parties, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website & services, including but not limited to your violation of this Agreement.