Surf Air Privacy Policy and Notice

Effective Date: May 18, 2018

Surf Air Inc. and our affiliated companies (collectively “Surf Air”, “we”, “our” or “us”), respect your privacy. This Privacy Policy and Notice (“Policy”) outlines the information Surf Air collects from visitors to our websites, mobile applications and other online services (collectively, the “Site”). We collect the information in an effort to support and further our relationship with our members, potential customers and business partners, including providing you with requested information and/or products or services. This Policy also describes the personal information and other data we may collect about you, how we may use, store and disclose that information and the choices you can make about how we collect and use your information.

Surf Air encourages you to read this Policy before using the Site or submitting any personal data. Your use of the Site signifies your agreement to our processing of personal data as described in this Policy and that you agree to all of the terms of this Policy. If you do not agree with our policies and practices, your choice is to not use the Site. This Policy may change from time to time and your continued use of the Site after we make changes to this Policy is deemed to be acceptance of those changes, so please check this Policy periodically for updates.

If you have questions about this Policy, please contact us at privacy@surfair.com.

Privacy Policy and Notice Highlights

Information Collection

We gather the following information related to your use of the Site, all of which is described in further detail later in this Policy:

• Registration and Flight Information: When you create an account or profile on the Site, you voluntarily give us personal information. In addition, we may collect personal information related to you and your guests when you book a flight or travel through our Site and membership service.
• Information Relating to Your Requests: We collect information you provide when you contact us, or if you respond to messages we send you.
• Social Media Information: We may receive information from and share information with social media platforms.
• Information from Other Sources: We may combine information you provide with information from outside sources.
• Mobile Information: We may collect additional information from you if you access our Site through a mobile device (e.g. your unique device identifier, your device’s operating system, or the mobile carrier for your phone).
• Technical Usage and Tracking Information: We and others may use tracking technologies (including cookies) on our Site for customization and analytical purposes, including participation in ad networks.
• Geolocation: We may identify and collect information about your specific location.

Uses and Retention 

We use sensitive billing information (such as cardholder name, credit card number, and expiration date) for the purpose of payment of membership fees and other charges you incur for our services. We use other information about you for the following general purposes: to provide you with the products and services you request; to provide you with travel confirmation and updates; to manage your account, including processing bills and providing travel notifications; to communicate with you in general; to respond to your questions and comments; to measure interest in and improve our products, services, and Site; to notify you about special offers and products or services that may be of interest to you; to otherwise customize your experience with the Site; to reward you as part of any reward and recognition program you choose to join; to solicit information from you, including through surveys; to resolve disputes, collect fees, or troubleshoot problems; to prevent potentially prohibited or illegal activities; to enforce our Membership Terms; and as otherwise described to you at the point of collection.

Disclosure of Information 

We may share your personal information and other information we collect with the following entities: (a) our corporate affiliates; (b) business partners with whom we may jointly offer products or services; (c) our suppliers, service providers and third party vendors who provide services or functions on our behalf, including our third party flight services operators, credit card processors, customer service, marketing, and fraud prevention; (d) legal advisors, regulators and law enforcement; (e) others entities if there is a change of control or otherwise with your consent; (f) ad networks and referring websites; and (g) companies in the mobile app industry.

Your Choices for Controlling and Accessing Your Information 

If you are a registered user or member, you can update your account information by logging in. You may be able to control technical information we receive from your device or browser (such as cookie or location information) by modifying your browser or device settings. You may opt-out of receiving promotional emails from us by following the link included within such messages.

Contact Us

You may contact us with questions or comments regarding our privacy practices as follows:

Surf Air Inc.
12111 Crenshaw Blvd.
Hawthorne, California 90250

Email Address: privacy@surfair.com

PRIVACY POLICY AND NOTICE PROVISIONS

• Information Collection

We may collect information about your interactions with us or others, including personal information. We may collect and retain any information which you or your devices provide to us when you visit our Site.

• Registration and Flight Information

You do not need to register an account with us in order to browse our Site, although certain services and functionality (such as the ability to book a flight) may only be available to our registered users. If you register for an account, we may collect information you choose to give us, such as your first and last name, home or other physical address, email address, zip code, telephone number or other contact information, payment card information, employer or corporate affiliation. By interacting with us or booking flights with us, we additionally learn information about your transaction details and history. When you make a purchase, book a flight, fly with us, or communicate with us, we may learn details about you such as: travel plans, disability or health information (such as may be required to provide accommodations or to provide assistance in case of a health incident during a flight), emergency contacts, dietary restrictions, weight information, gender and date of birth, age or age-range, redress number, travel preferences, purchase information, and other information relating to your travel. Similar information about you may be provided when others book a flight on your behalf.

We may additionally gather information required to verify your identify, conduct a background check, or comply with government-mandated security requirements. This information may include your social security number, country of origin, passport, driver’s license, known traveler number, or other government-issued identification.

• Information Relating to Your Requests

We gather information you provide when you contact us, if you respond to or click on links in messages we send you, or if you review or comment on our products or services. Details of how you can opt-out of receiving promotional communications from us are detailed in the section headed “Your Choices” below. If you choose to participate in activities such as contests, sweepstakes, questionnaires, surveys, or product reviews, Surf Air will collect the personal information that you provide. If you win a contest, sweepstakes or similar offering, you may be asked to provide a tax identification number or social security number.

• Social Media Information 

Our Site may embed plugs-ins, widgets or other apps of various social media platforms, such as Facebook, Twitter, LinkedIn, Pinterest, Instagram, and YouTube. An example of such a plug-in is Facebook’s “Like” button. By including these plug-ins, widgets, or other apps on our Site, your internet browser may make a direct connection to the social media platform’s service and may share with the social media platforms information such as that you have visited our Site.

Surf Air may have a presence on social media platforms such as Facebook, Twitter, and LinkedIn. Your participation with the services provided on social media platforms is voluntary. If you have an account with these or other third party social media platforms, we may receive additional information from that platform about you, such as your user name, stated location, date of birth, profile information, and interactions you have had on that third party social media platform. The personal information we may have access to vary by social media platform and may be controlled by privacy settings on that platform and your choices.

• Information From Other Sources

We may obtain information about you from partners and other third parties. This information may include information about your use of this Site or our services (including travel details provided from a third party, such as another carrier, or a car service or hotel), your use of other websites, your interests and preferences and other information about you or your household. We may combine the information we obtain from third parties with information that we have collected about you. We may receive information from government regulators, or from third parties we use to conduct background checks.

• Mobile Information

We may collect additional information from you if you access our Site through a mobile device (e.g. your unique device identifier, device’s operating system, mobile carrier, location or GPS/geo-location). We may collect information necessary to send you push notifications, SMS text or other mobile messaging.

• Technical Usage Information

When you visit our Site, we collect usage information sent to us by your computer, mobile, or other access device that tells us how you are using the Site (“usage information”).We use tracking technologies (including cookies (including cookies stored in HTML-5), web beacons/GIFs, embedded scripts, e-tags/cache browsers) to collect usage information.

We may also collect password information from you when you log in, as well as computer and/or connection information. During some visits we may use software tools to measure and collect session information, including page response times, download errors, time spent on certain pages and page interaction information. To learn more about how we use tracking technologies and cookies, see our Cookies and Tracking Technologies Policy available on the Site.

• Geolocation Information

When you visit the Site, we may collect information about your specific location (such as GPS or similar precise location information).

• Uses and Retention

We and others acting on our behalf may use the information we gather to operate our business, including managing our Sites, and for other purposes as allowed by law.

• Operate Our Business and Site

We may use the information collected to (i) operate our Site and services, including providing flights or other transportation services; (ii) provide services, support and assistance that you request, or attempt to resolve complaints; (iii) personalize your experience by providing content on the Site, including targeted messaging or advertising that we believe may be of interest to you; (iv) improve the Site or our services, including developing new products or services; (v) provide you access to your account, and otherwise operate our business.

• Analyze and Aggregate Information

We use the information we collect to analyze the use of our Site and services, and to help us understand user behavior better. In addition, we may aggregate information about our users and prepare aggregated reports. In addition to analyzing Site usage information, we may analyze ad conversion events, or click-thru information related to emails or messages.

• Advertising and Promotions

We may use the information we gather to offer, provide, or personalize products and services from us and third parties, and for other promotional purposes. For example, we may customize content, advertising, promotions and incentives to reflect your preferences, interests, or prior interactions with us and others. From time to time, we may operate sweepstakes and other special promotions, or offer special rewards or other incentive programs. We may also send you offers on behalf of selected affiliates.

• Other Communications

We may use your information to contact you through telephone, text, push notification, email, direct mail, or via other means as permitted by law.

• Prevent Fraud and Meet Legal Requirements

We may use and share the information we gather to protect and enforce our rights and those of our partners, affiliates, customers and members of the public, including preventing fraud, theft, and injury to you, us or others. We may use and share the information we gather to comply with legal requirements, legal process, and legal advice, and as required by government regulators.

• Storage and Retention

We may use third party companies to manage collation, processing and storage of your personal information and sensitive personal information on our behalf. These companies are carefully selected and screened to ensure maximum protection of your security and privacy. We will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.

• Disclosure

Information collected on the Site may be shared in the following ways:

• Corporate Affiliates

We may share the information we collect about you with the Surf Air corporate family, including Surf Air and our affiliates and subsidiaries. The information may be disclosed to: (i) provide joint content and our services (e.g., registration, transactions, analytics and customer support); (ii) help detect and prevent potentially illegal acts, violations of our policies, fraud and/or data security breaches; and (iii) develop new services and otherwise guide decisions about our, Surf Air or a third-party’s products, sites, applications, services, tools and communications.

Members of our corporate family may use this information to send you marketing communications. You will have the opportunity to opt-out of marketing email communications.

• Service Providers and Other Third-Parties

We may share information with third party service providers who help us operate our business or provide services to us or on our behalf, including other airlines or third party charter operators. We may also share information with third parties to help us promote our products and services, or to help us customize advertisements, offers, or other communications to you. We may share information with companies in the mobile app industry (such as carriers, operating system and platform developers, and app stores). On occasion, our business partners may offer you additional products or services that may be of interest to you.

If you purchase or use our products or services through a program sponsored by a third party, or if you make book flights through a corporate account, we may share your information with that third party, such as an employer or other group.

• Other Persons or Entities with Your Consent

We may share information with third parties if you consent. For example, if you book a flight and include guests on your booking, we may share the flight information with those guests.

• Legal and Law Enforcement

We may share information with our regulators, law enforcement, governmental agencies, or other authorized third-parties as required by law, in response to requests relating to a criminal investigation or alleged illegal activity, or to prevent fraud or injury to you, us, or others. These disclosures may include disclosures to perform charge verifications or to report or collect debts. We may share your information with third parties in response to a subpoena, other legal process or advice, and/or as permitted by law.

Security regulations related to air travel may require us to share information about your identity, travel plans, travel history, and other information with regulators, law enforcement, and security personnel in the U.S. or other countries.

• Business Transfers

We may share information we have gathered in connection with the sale or merger of all or a part of our business or the transfer of assets.

• Ad Networks

We may share information with analytics companies and advertising networks, including those that provide Data Technologies on our site. On the Site, we may work with third-parties to serve advertisements, provide us with data collection, reporting, ad response measurement, site analytics, assist with delivery of relevant marketing messages and advertisements.

These third-parties may view, edit or set their own tracking technologies/cookies. The use of these technologies by these third-parties is subject to their own privacy policies and is not covered by this Notice. They might also obtain information about other applications that you have downloaded to your mobile device, the mobile websites you visit and other information about you or your device in order to analyze and serve targeted advertising on the Site and elsewhere.

• Your Choices

You may limit and control the information provided to us in a number of ways. You may not be able to use all features of our Sites if you limit the information you share with us.

You may unsubscribe from promotional emails from us by following the unsubscribe link included in each such email. You may not opt-out of administrative emails (for example, emails about your purchases or other transactions with us) for your registered account. You can opt out of text messages from us by replying to a text from us with “STOP.”

Your browser and your device may provide you the option to limit the use of cookies or other Data Technologies. You should consult documentation for your browser or device for more information. Your mobile device or mobile carrier may provide options that allow you to prevent sharing geolocation information or other information with us (such as information used to operate advertising networks or identify your use of our Site across devices).

You should consult your mobile device’s settings or contact your carrier for more information about understanding and exercising these options. However, depending on the technical manner in which your carrier or device implements those options, those options may not effectively limit advertising or other tracking, or change how your device is identified by Surf Air.

You may opt-out of all continuing collection of information from our mobile app by uninstalling that application from your mobile device. However, this will not restrict information collected from our website if you access our website from your mobile device.

You may be able to prevent social media platforms from sharing information with us by not using such platforms or by modifying your privacy settings on such platforms. You should review the privacy and other policies of such platforms to understand how they may share your information with us, and how you can limit that use.

For more information about certain third-party advertising networks who may operate on our Site and your ability to opt-out of certain targeted advertising, please visit http://www.networkadvertising.org/choices/. Opt-outs may not apply to all advertising or all kinds of promotional messaging. Opting out may not prevent the collection of usage data for certain purposes (e.g., research, analytics and internal online services operation purposes).

• Accessing, Reviewing, and Changing Your Personal Information

Registered members can review and change personal information at any time by accessing their accounts on the Site. You should promptly update your personal information if it changes or becomes inaccurate.

We may retain some information from closed accounts so that we can comply with law, prevent fraud, assist with investigations, resolve disputes, analyze, or troubleshoot programs, enforce our Terms of Use, or take other actions permitted by law. Likewise, if your account or membership is terminated or suspended, we may maintain some information to prevent re-registration.

• Notice to California Residents

As required under California law, residents of the State of California may request a list of all third-parties to which our Site has disclosed certain personal information (as defined by California law) during the preceding year for those third-parties’ direct marketing purposes.

If you are a California resident and want such a list, please contact us at privacy@surfair.com, or at:

Surf Air Inc.

12111 S. Crenshaw Blvd.
Hawthorne, CA 90250

For all requests, you must put the statement “Your California Privacy Rights” in the body of your request, as well as your name, street address, city, state, and zip code. In the body of your request, please provide enough information for us to determine if this applies to you. You need to attest to the fact that you are a California resident and provide a current California address for our response. Please note that we will not accept requests via the telephone, mail, or by facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information

As of the Effective Date listed above, there is no commonly accepted response for Do Not Track signals initiated by browsers. Therefore, we do not respond to such signals or to other mechanisms that provide the ability to exercise choice regarding the collection of personally identifiable information regarding your online activities over time and across third party websites or online services.

• Security

We use administrative, technical, and physical security designed to safeguard personal information in our possession, but we cannot guarantee the security of the information that we collect and store. If you believe that information about you has been subject to unauthorized disclosure, please let us know by emailing privacy@surfair.com. It is your responsibility to make sure that your personal information is accurate and that your password(s) and account registration information are secure and not shared with third-parties.

• Children’s Privacy

Surf Air does not knowingly collect personally identifiable information online directly from children under the age of 13. However, due to the nature of our services, Surf Air may collect information – including personal information – about children under the age of 13 (from a parent or legal guardian), such as that required to make travel arrangements, or as otherwise necessary for Surf Air to provide its products, services, or support.

If you learn that your child has provided us with personal information online without your knowledge, you may contact us via the contact information indicated elsewhere in this Policy and request that we delete this information from our records.

• Notification Regarding Updates

From time to time, we may update this Policy. When we make material changes to this Notice, we will update this web page and change the Effective Date listed above. You agree that we may notify you about material changes in the way we treat personal information by placing a notice on the Site. You should check the Site frequently for updates.

Surf Air Terms of Use

Effective Date: June 14, 2016

NOTICE OF ARBITRATION PROVISIONS:Your use of Our Site is subject to binding individual arbitration of any disputes which may arise, as provided in Section XV below.Please read the arbitration provisions carefully and do not use Our Site if you are unwilling to arbitrate any disputes you may have with us as provided below.

Welcome to www.surfair.com. The www.surfair.com website (the “Site”) is comprised of various web pages operated by Surf Air (“Surf Air,” “Our,” “Us” or “We”). www.surfair.com is offered to You (“You,” “Your” or “User”) conditioned on Your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Site constitutes Your agreement to all such Terms. Please read these Terms carefully, and keep a copy of them for Your reference. The purpose of this website is to provide information regarding services available through Surf Air memberships and allow Surf Air members to reserve flights and manage their reservations.

BY ACCESSING OR USING THE SITE, USER AGREES TO BE BOUND BY THESE TERMS, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND TERMINATION PROVISIONS BELOW. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE.

I) General

This Site provides information about Surf Air and its services. All services advertised on this Site are available for delivery only within the United States. Use of this Site is limited to legitimate purposes. Surf Air may, from time to time, introduce new features to this Site or modify or delete existing features in its sole discretion. Surf Air shall notify You of any of these changes to features to the extent Surf Air may be required to do so by law. By using any new or modified features when they become available, You agree to be bound by these Terms concerning such features.To the extent that an arbitrator or court of applicable jurisdiction determines that applying any changes to these Terms would render this an illusory or unenforceable contract, such changes shall be applicable on a prospective basis only, with respect to events or circumstances occurring after the date of such changes, to the extent necessary to avoid these Terms being deemed illusory or unenforceable.

Surf Air does not authorize the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of the information contained herein for commercial purposes. All prices for services offered by Surf Air on this Site are quoted in U.S. currency, are valid and effective only in the United States, and are subject to change at any time without notice.

SURF AIR, ALL-YOU-CAN-FLY, and AIR WITHOUT THE LINES are trademarks or registered trademarks of Surf Air in the United States and/or certain other countries.

II) Privacy

Your use of the Site is subject to Surf Air’s Privacy Policy (located at http://www.surfair.com/legal.html), which is incorporated herein by reference. Please review Our Privacy Policy, which also governs the Site and informs users of Our data collection practices.Our Privacy Policy’s terms and conditions will change from time to time, and as a condition of browsing this Site, or using any features, You agree that You will first review Our Privacy Policy.

III) Electronic Communications

Visiting the Site or sending emails to Surf Air constitutes electronic communications. You consent to receive electronic communications and You agree that all agreements, notices, disclosures and other communications that we provide to You electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

IV) Permitted Use of the Site and Your Account

Use of the Site

Our Site is for your personal and non-commercial use. Unless otherwise agreed to in writing by Surf Air, you agree that you will not use the Site, or duplicate, download, publish, modify or otherwise distribute or use any material on the Site for any purpose, except for your personal, non-commercial use. You also agree that you will not link to any page on the Site other than the home page (for example, “deep linking”), without Surf Air’s prior written consent. Use of the Site or other Service or any materials or content on the Site for any commercial or other unauthorized purpose is prohibited. Surf Air cannot and will not be liable for any loss or damage arising from User’s failure to comply with User’s obligations hereunder. Surf Air reserves the right to suspend or terminate any User’s use of this Site upon notice to User that it reasonably determines may have been used for an unauthorized purpose. Surf Air will not be liable for any damage, injury or other such loss that the User incurs by failing to comply with these Terms.

Your Account

If You establish a personal account with us, you agree to (1) provide true and accurate data about yourself on our account registration form, and to update and keep such data current. If You use this site, You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer and/or other device, and You agree to accept responsibility for all activities that occur under Your account or password. You may not assign or otherwise transfer Your account to any other person or entity. You acknowledge that Surf Air is not responsible for third party access to Your account that results from theft or misappropriation of Your account. Surf Air and its associates reserve the right to refuse or cancel Your service, terminate accounts, or remove or edit content in our sole discretion, without prior notice to You.

V) User Conduct

It is a condition of Your use of the Site that You do not:

A) Interfere with any other user from using and enjoying the Site;

B) Collect information about other users or third parties via the Site or use any such information for the purpose of transmitting or facilitating transmission of unauthorized or unsolicited advertising, junk or bulk e-mail, chain letters, or any other form of unauthorized solicitation;

C) Engage in the systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory, without Surf Air’s prior written consent;

D) Solicit other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in illegal schemes or plan or participate in scams involving other users; or

E) Attempt to gain unauthorized access to other computer systems or networks connected to the Site.

Additionally, you agree that you will not use the Site to upload, post, or otherwise distribute or facilitate distribution of any material that:

F) Is libelous, defamatory or slanderous;

G) Is sexually suggestive or contains explicit sexual content (including nudity);

H) Does or may denigrate or offend any individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

I) Does or may threaten, abuse, harass, or invade the privacy of any third party;

J) Is fraudulent or infringes the rights of any third party, including, without limitation, patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights;

K) Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

L) Contains a software virus or any other computer code that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment, or to damage or obtain unauthorized access to any data or other information of any third party;

M) Encourages conduct that would constitute a criminal offense or give rise to civil liability;

N) Impersonates any person or entity, including any employee or representative of Surf Air; or

O) Violates any applicable law or these Terms.

VI) Children’s Online Privacy Protection Act Notification

Surf Air is not designed or intended for use by persons under the age of 18.Surf Air does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If You are under 18, You may use the Site only with permission of a parent or guardian.

Pursuant to 47 U.S.C. Section 230(d) as amended, Surf Air hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Electronic Frontier Foundation Web site, http://www.eff.org. To view information on our policy regarding the privacy of children under the age of 13, please see our Privacy Policy.

VII) Monitoring

Surf Air may, but has no obligation to, monitor the use of the Site and Our services by Users. During monitoring, information may be examined, recorded, copied, and used for authorized purposes in accordance with the Surf Air Privacy Policy. Furthermore, Surf Air reserves the right at all times to disclose any information posted on any portion of the Site and Our services as necessary to satisfy any law, regulation or governmental request, or to refuse to post, or to remove, any information or materials, in whole or in part, that in Surf Air’s sole and absolute discretion are objectionable or in violation of these Terms.

VIII) Links to Third Party Sites/Services

The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Surf Air and Surf Air is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Surf Air is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by Surf Air of the site or any association with its operators.

Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.surfair.com domain, You hereby acknowledge and consent that Surf Air may share such information and data with any third party with whom Surf Air has a contractual relationship to provide the requested product, service or functionality on behalf of the Site’s users and customers.

IX) No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms. As a condition of Your use of the Site, You warrant to Surf Air that You will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

Unless otherwise noted, the trademarks, logos, photography, brand names and service marks used on this Site are owned by Surf Air or by third parties that have licensed their use to Surf Air. User may print copies of the content of this Site, provided that these copies are made only for internal use, and that any notices contained in any such content, such as all copyright notices, trademark legends, or other proprietary rights notices, are maintained. Other use of these marks or Site content, except as specifically permitted in these Terms or in a writing signed by an authorized employee of Surf Air, is strictly prohibited. Elements of this Site are protected by trade dress, trademark, unfair competition and other state and federal laws and, except as expressly permitted herein, may not be copied or imitated in whole or in part by any means, including, but not limited to, the use of framing or mirrors. User shall not store electronically any significant portion of this Site.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Surf Air content is not for resale. Your use of the Site does not entitle You to make any unauthorized use of any protected content, and in particular You will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for Your personal use, and will make no other use of the content without the express written permission of Surf Air and the copyright owner. You agree that You do not acquire any ownership rights in any protected content. We do not grant You any licenses, express or implied, to the intellectual property of Surf Air or our licensors except as expressly authorized by these Terms.

X) Third Party Accounts

You will be able to connect Your Surf Air account to third party accounts. By connecting Your Surf Air account to Your third party account, You acknowledge and agree that You are consenting to the continuous release of information about You to others (in accordance with Your privacy settings on those third party sites). If You do not want information about You to be shared in this manner, do not use this feature.

XI) International Users

The Service is controlled, operated and administered by Surf Air from our offices within the USA. If You access the Service from a location outside the USA, You are responsible for compliance with all local laws. You agree that You will not use the Surf Air Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

XII) Indemnification

You agree to indemnify, defend and hold harmless Surf Air, its officers, directors, employees, agents and third parties (the “Surf Air Parties”), for any damage, loss, cost or expense (including without limitation, legal fees and costs) incurred in connection with any third-party claim, demand, proceeding or action (“Claim”) brought against any of the Surf Air Parties relating to or arising out of Your use of or inability to use the Site or services, any user postings made by You, Your violation of any of these Terms or Your violation of any rights of a third party, or Your violation of any applicable laws, rules or regulations, including without limitation any trademark, copyright or other proprietary or privacy right. If you are obligated to indemnify any of the Surf Air Parties, Surf Air may, in its sole and absolute discretion, control the defense and disposition (including its possible settlement) of any Claim at your sole cost and expense. Without limitation of the foregoing, you will not settle, compromise or in any other manner dispose of any Claim without the written consent of Surf Air.

XIII) Disclaimer of Warranties

While Surf Air uses reasonable efforts to include up to date information on the Site, Surf Air makes no warranties or representations as to its accuracy, timeliness, reliability, completeness or otherwise. All information, software, products, and services included in or available through the Site are of a general nature only. The documents and related graphics may include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Surf Air and/or its suppliers may make improvements and/or changes to the Site at any time. We expressly disclaim any responsibility or liability for any adverse consequences or damages resulting from Your use of the Site or reliance on the information included in or available through the Site.

SURF AIR PROVIDES THE SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. SURF AIR, SURF AIR PARTIES, ITS AFFILIATES, AGENTS AND LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SURF AIR DOES NOT WARRANT THAT THE SITE OR OTHER SERVICE WILL (1) BE UNINTERRUPTED; (2) BE FREE FROM INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; (3) MEET YOUR REQUIREMENTS; OR (4) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. YOUR USE OF THE SITE IS SOLELY AT YOUR RISK.

XIV) Limitation of Liability

YOUR USE OF OUR SITE IS ENTIRELY AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SURF AIR, SURF AIR PARTIES AND/OR ITS SUPPLIERS BE LIABLE TO USER OR ANY OTHER ENTITY OR PERSON FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR ANY OTHER INTERNET WEBSITE, WITH THE DELAY OR INABILITY TO USE THE SITE, RELATED SERVICES OR ANY OTHER INTERNET WEBSITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SURF AIR OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, SURF AIR’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION.YOU UNDERSTAND AND AGREE THAT IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

XV) Dispute Resolution

In the event of a dispute under this Agreement, where such dispute has not been settled within ninety (90) days after written notice from either party to the other of the existence of the dispute, the parties agree that, at the request of either party, such dispute will be submitted for binding arbitration with the following conditions:

A) the proceeding will be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules, provided, however, that the arbitrator will be required to issue a statement of the reasons upon which his or her decision is based;

B) the proceeding will be held in Santa Monica, CA;

C) the arbitrator will decide the assignment of the costs of the arbitration based on allocation of fault;

D) the proceeding will be closed except to the parties, their attorneys, representatives, witnesses, and experts, all of whom must agree or have a duty to maintain the confidentiality of the dispute and its result, except as needed to implement the ruling; and

E) the decision of the arbitrator will be enforceable in any court of competent jurisdiction. The arbitrator will not be authorized to override any provision hereof, including, without limitation, any specified limitations of liability.

XVI) Termination/Access Restriction

In its sole and absolute discretion, with or without notice to you, Surf Air may cease to provide services to You through the Site or add or create new limits to our services at any time. Surf Air may suspend or terminate your use of and access to the Services, terminate your account and/or remove and discard anything transmitted by you, or information stored, sent, or received via the Services without prior notice and for any reason, including, but not limited to: (i) concurrent access of the Services with identical user identification, (ii) permitting another person or entity to use your user identification to access the Services, (iii) any unauthorized access or use of the Services, (iv) any violation of these Terms, or(v) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Services. You may terminate your account according to your Membership Plan details by contacting Member Care at membercare@surfair.com. Surf Air shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of the Services. Termination, suspension, or cancellation of the Services or your access rights shall not affect any right or relief to which Surf Air may be entitled, at law or in equity, and all rights granted to you will automatically terminate and immediately revert to Surf Air.

XVII) Force Majeure

Surf Air shall not be liable for any nonperformance or delay in performance caused by any act or event beyond its reasonable control, including, but not limited to, acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lockouts, fire, flood or any other act of God, any law, regulation, ordinance or other act or Order of any court, government or governmental agency, or delays, unavailability, errors or other failures of the Internet or other data networks.

XVIII) Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You.

XIX) Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship exists between You and Surf Air as a result of this agreement or use of the Site. Surf Air’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Surf Air’s right to comply with governmental, court and law enforcement requests or requirements relating to Your use of the Site or information provided to or gathered by Surf Air with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Surf Air with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Surf Air with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English. These Terms shall be governed by the laws of the State of California, without regard to its conflict of law rules. Any claims or litigation arising under these Terms will be brought by the parties solely in the Federal courts in the Central District of California or the State courts in Los Angeles County, California.

XX) Changes to Terms

Surf Air reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. Surf Air encourages You to periodically review the Terms to stay informed of our updates.

XXI) Contact Us

Surf Air
12111 S. Crenshaw Blvd.
Hawthorne, CA 90250

Email Address: memberservices@surfair.com
Telephone Number: (888) 704-2582

Surf Air Membership Agreement

Membership Agreement 3/1/20

Effective Date: March 1, 2020 ⬆️

On the Effective Date and at all times afterwards, this Membership Agreement is and will be legally binding upon every person for whom Surf Air Inc. (“Surf”) provides flight arrangement or other travel-related services (each, a “Passenger”), including every person or entity who subscribes to a Surf membership (each, a “Member”). This Membership Agreement also applies to passengers on Rise, which is a wholly owned affiliate of Surf, and references to Surf and Passenger in this Membership Agreement are also deemed to refer to Rise and Rise passengers. From and after the Effective Date, this Membership Agreement applies to all Surf memberships (each, a “Membership”), including Memberships that were purchased before the Effective Date and that were previously subject to an earlier version of this agreement. For purposes of this Membership Agreement, the term “You” refers to all Passengers, including all Members. Some Passengers, such as guests of Members, are not Members themselves, but all Members are deemed Passengers under this Membership Agreement.

THIS MEMBERSHIP AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE. BY ENTERING THIS MEMBERSHIP AGREEMENT, YOU AGREE TO RESOLVE ANY DISPUTES BETWEEN YOU AND SURF IN A PRIVATE ARBITRATION AND WAIVE YOUR RIGHT TO BRING A LAWSUIT IN COURT. PLEASE CAREFULLY READ THE ARBITRATION PROVISON BELOW FOR MORE INFORMATION.

(I) General
Membership with, and travel arranged by, Surf and any other product or service provided by Surf to its Members and other Passengers are subject to the terms and conditions contained in (a) this Membership Agreement; (b) the contract of carriage and other applicable terms and conditions (the “Contract of Carriage”) for an Operator (as defined below) of the applicable flight; (c) the terms set forth in the applicable Member’s Membership application (the “Application“) or other written correspondence regarding the pricing and terms of Membership (“Membership Plan Terms”); and (d) such additional policies, rules, terms and conditions as are presented on Surf’s website or mobile device application and any ticket or ticket-less travel authorization (all of the foregoing and collectively, the “Agreement“). No agent, servant or representative of Surf, nor any Operator, has authority to change or waive any provision of the Agreement unless authorized in writing by an authorized corporate officer of Surf. Unless otherwise prohibited by law, the Agreement constitutes the entire agreement between Surf and its Members and Passengers.

The Membership and Flight Program (“Program”). Surf is a member-based travel arrangement service and arranges transportation for its Passengers. Surf only arranges air transportation with third party Federal Aviation Administration (FAA)- certificated air carriers (“Operators”), authorized to operate under Part 135 of the Federal Aviation Regulations (“FAR”; 14 C.F.R. Part 135). Surf is neither an operator of aircraft nor an air carrier, nor does it hold out, offer, sell or provide air transportation. Surf procures scheduled air transportation and other services, such as ground transportation, aircraft catering, airport parking, and other concierge-type services for its Passengers. Surf reserves the right to change, suspend or terminate any of the services or benefits it offers at any time, including changes, suspension or termination of any routes, types of aircraft used and/or Operators, and changes to (or imposition of new) fees or other charges for services or benefits. Surf may from time to time offer new routes and other services or benefits, all of which are subject to change, suspension or termination at any time and also are subject to additional fees or charges. Grandfathered membership programs (and the associated fee rates), if any, are subject to change per the terms of the Agreement and do not include access to new services or benefits that may be offered after the initial date of purchase of membership. If appropriate, Surf will provide Members with prior notice of any proposed changes to the Agreement. Any changes to the Agreement by Surf will be made in good faith in Surf’s reasonable business discretion. Surf is not liable for any Membership refunds or costs incurred by a Passenger resulting from any such modification or cancellation.

At its sole discretion, Surf may offer certain Members trial or other promotional Memberships with different features, which are subject to the terms of the Agreement, except as otherwise stated in the promotional offer. Promotional Membership is valid only for the period specified in the promotional offer. If no period is specified, Surf may terminate promotional Memberships at any time in its sole discretion.

As one of the benefits of the Program, Surf agrees to arrange transportation services for Passengers to be provided by Operators.

Surf may provide access to its software including applications, websites, electronic social/commerce, marketplaces, and integrated communication tools, which form part of the Program, and are designed to enhance the user-experience, communications, service optimization, functionality and logistics of the Program (“Software”). Passengers can access and utilize such Program and Software only as stipulated and limited under the Agreement.

All flights arranged under the Agreement are operated by an Operator, who shall have exclusive direction, control and authority over initiating, conducting or terminating flights. An Operator performing the flight will be subject to, among other restrictions, flight time and duty time restrictions and airport limitations that may preclude or limit operations to certain airports and other applicable regulations and requirements. An Operator shall have absolute discretion in all matters relating to the operation of the aircraft, including the preparation of the aircraft for flight and the flight itself, the timing of the flight, the load carried and its distribution, the decision whether or not a flight is to be performed, and the route to be flown. An Operator shall have final and complete authority to cancel any flight for any reason or condition that in its sole and absolute judgment could affect the safety of flight and may take any other action that, in its sole opinion, is necessitated by considerations of safety. No such action of an Operator shall create or support any liability for loss, injury, damage or delay to Passenger or any claim against Surf.

In addition, an Operator shall have the right to refuse boarding to any person: (a) who appears to be intoxicated or under the influence of any illicit or controlled substance or drug; (b) who refuses to be subject to any reasonable checks of his or her person or baggage by an Operator, or by government or airport authorities; (c) whose condition, including apparent illness or incapacity, in the sole judgment of an Operator would involve hazard or risk to himself, herself or others; (d) who fails to provide proper identification in compliance with applicable laws; or (e) who is conducting himself or herself in a manner inconsistent with, or otherwise in breach of, the terms of the Agreement. Please see the applicable Operator’s Contract of Carriage for additional terms and conditions imposed by the Operator for flights arranged under the Agreement by Surf.

Each Passenger authorizes Surf to arrange flights to be operated by an Operator and all such flights are subject to the Contract of Carriage.

(II) Membership Agreement Terms and Conditions

(A) Membership Benefits and Responsibilities

(1) Membership Benefits – Membership benefits are determined by the Membership plan (“Membership Plan”) you select as specified in the Application and as further set forth in the Membership Plan terms (“Membership Plan Terms”). You acknowledge receipt of your Membership Plan Terms. Please contact memberservices@surfair.com for your Membership Plan Terms or any inquiries related thereto. As applicable, an individual listed for Membership in the Application or designated by a Member thereafter is referred to in this Membership Agreement as a “Listed Member” and is entitled to the benefits for that respective Membership Plan. The foregoing includes Listed Members who are specified as authorized users under a group Membership Plan. Listed Members may also be referred to herein in as a Member or Members. The term of a Membership (“Membership Term”) commences on the date that a Member is permitted to become a Member (“Service Commencement Date”) and continues until cancelled or terminated as provided in the Agreement. Unless otherwise specified in the Agreement, the Membership Term is for a committed period of one (1) year. A Member does not have any right to the privileges or benefits of or related to Membership unless the Member’s Membership is active and in good standing, including being current on all Membership dues and fees. A Member will not have the right to enjoy any privileges associated in any way with Membership if the Member’s account is dormant or suspended.

Memberships are non-transferable. Membership privileges are only available to Members and cannot be lent, shared, transferred, assigned, leased, pledged or sold to or used by any third party, except as specified in this Membership Agreement. Members cannot lend their account to someone else to book flights or access the Program. Persons to whom Surf grants administrative rights to make reservations on behalf of a Member but who are not Members themselves do not have the right to enjoy any Membership benefits.

(2) Adding and Removing Listed Members – For certain Membership Plans, during the Membership Term, Surf may allow a Member to add additional Listed Members to the Membership as set forth in the Application and Membership Plan Terms. See Membership Plan Terms for details —such additions may not be applicable to all Membership Plans. Please contact memberservices@surfair.com for your Membership Plan Terms. Removal of an individual as a Listed Member requires thirty (30) days’ advance written notice to memberservices@surfair.com prior to any changes taking effect.

(3) Upgrades and Downgrades – For certain Membership Plans, during the Membership Term Surf may allow a Member to upgrade or downgrade their Membership Plan by changing their Reusable Reservation tier level as set forth in the Membership Plan Terms. Or, a Member may purchase or be awarded additional Member benefits or participate in other promotional programs offered by Surf from time to time, all of which shall be considered part of Member’s Membership Plan at the time of purchase or award. Please see Membership Plan Terms for details—upgrades and downgrades may not be applicable to all Membership Plans. Please contact memberservices@surfair.com for your Membership Plan Terms. All downgrades require thirty (30) days’ advance written notice to memberservices@surfair.com prior to any changes taking effect.

(4) Reservations/Flight Passes – A “Reusable Reservation” is a paperless ticket used to book each flight made available to Members by an Operator. Please see Membership Plan Terms for details—Reusable Reservations are not applicable to “A La Carte” or “Pay Per Flight” Memberships and may not be applicable to other Membership Plans. Please contact memberservices@surfair.com for your Membership Plan Terms.

(5) Cancellations and Changes – Passengers are permitted to change or cancel flights at any time, subject to the Agreement. Any notices regarding flight changes or cancellations must be emailed to memberservices@surfair.com.

(a) Subject to subsection (c) below, in the case of a Member who reserves a seat with a Reusable Reservation: (a) if the Member cancels with less than twenty-four (24) hours’ but at least one
(1) hour’s notice before the scheduled flight departure time, the Member will either, at the Member’s election (i) lose the use of a Reusable Reservation for twenty-one (21) days or (ii) incur a $500 charge against the Member’s Surf account; (b) if the Member cancels with less than one (1) hour’s notice, the Member will incur a $500 charge against the Member’s Surf account. Effective February 1, 2021, a Member using a Reusable Reservation who cancels with less than twenty-four (24) hours prior notice but with at least one (1) hour’s prior notice will be charged $250 against the Member’s Surf account: for purposes of clarification, no other flight policies are scheduled to change on that date.

(b) Subject to subsection (c) below, in the case of a seat reserved with a Single-Use Flight Pass (as defined below), if the Passenger cancels with less than 24 hours’ prior notice, the Passenger will forfeit the Single-Use Flight Pass and, if the Passenger has provided at least one (1) hour’s prior notice, the Passenger will have the option to purchase a replacement Single-Use Flight Pass for the same route as the forfeited Single-Use Flight Pass at a discount to the then-current price of the Single-Use Flight Pass. The replacement Single-Use Flight Pass will have the same expiration date and other limitations applicable to the forfeited Single-Use Flight Pass.

(c) A Passenger who provides notice of cancellation at least one (1) hour before his or her scheduled flight time may reschedule to another available flight on the same route on the same day, if any, without loss of a Reusable Reservation or Single-Use Flight Pass or payment of a fee, as applicable. Also, a Passenger who cancels a flight due to a change in the flight departure time by more than ninety (90) minutes will not lose a Reusable Reservation or Single-Use Flight Pass or pay a fee, as applicable.

(d) A Passenger who does not check in with the appropriate Surf personnel at the departure airport at least fifteen (15) minutes prior to the scheduled flight departure time is considered a “No-Show” and will be treated the same as a Passenger who cancels with less than one (1) hour’s prior notice, i.e., he or she will forfeit his or her Single-Use Flight Pass or pay a $500 fee, as applicable.

(e) An Operator will attempt to transport passengers and their baggage promptly and as scheduled. Flight schedules, however, may be subject to change without notice and the schedules and Reusable Reservations/Flight Passes are not guaranteed. Surf will use reasonable efforts to promptly notify all affected Passengers, using the contact information provided by each Passenger, of planned or unplanned schedule changes and cancellations, including those due to weather. At times, without prior notice to Passengers, an Operator may need to substitute other aircraft or arrange for an alternate Operator and may change, add, or omit intermediate or connecting stops. Surf cannot guarantee that Passengers will make connections to other Operator flights, or those of other air carriers.

(f) If a flight booked with a Reusable Reservation is cancelled by Surf or an Operator less than seven (7) days before the scheduled departure due to circumstances entirely within the control of Surf or an Operator (such as insufficient pilot staffing or maintenance), the Passenger shall be entitled to those remedies specified in this paragraph . The remedy provided by Surf depends on whether the flight was cancelled forty-eight (48) hours or less before the flight’s scheduled departure. Subject to the limitations set forth in this paragraph, Surf will provide, at the Member’s election, one of the three following remedies to the Member with the Reusable Reservation: (i) credit the Member’s Surf account for documented costs for a commercial flight or other substitute means of transportation taken by the Member due to the cancelled Surf flight; (ii) if the Member stays overnight and takes a flight the next day, Surf will credit the Member’s Surf account for the documented costs for a hotel stay, or (iii) Surf will provide the Member with a Single-Use Flight Pass. Surf will have no obligation to credit the Member for a commercial flight or other substitute means of transportation if there is a Surf flight available to the Member that is scheduled to arrive at the Member’s destination at the same time or before the scheduled arrival of the commercial flight or other substitute means of transportation. Also, a Member will not be eligible for an overnight hotel stay if the cancelled flight was scheduled to depart from an airport within thirty (30) miles of the Member’s residence. The maximum credit amount for a cancellation of a Reusable Reservation by Surf forty-eight (48) hours or less before departure is $500. If Surf provides the Member booking a flight with a Reusable Reservation with more than forty-eight (48) hours’ notice and less than seven (7) days’ notice of a flight cancellation, the maximum credit will be $250. Creditable travel expenses under this paragraph only include direct travel costs such as airfare and ground transportation and exclude indirect travel costs such as food and dry cleaning. Hotel costs only include the room charge and applicable taxes but exclude incidental expenditures such as tips and minibar charges. If the Member elects to receive a Single-Use Flight Pass, the pass will be for a one-way flight if the cancellation is more than forty-eight (48) hours and less than seven (7) days prior to the scheduled departure of the cancelled flight and the pass will be for a roundtrip flight if the cancellation is forty-eight (48) hours or less before the scheduled departure. The Member must present Surf with receipts or other reasonable evidence of payment to be eligible to receive a credit for alternate travel or hotel costs incurred by the Member.

(7) Check-in and “No Shows” – Passengers must check in with the appropriate Surf personnel located at the departure airport at least fifteen (15) minutes prior to the scheduled departure time or the Passenger will be considered a “No Show.”

(8) Responsibility for Listed Members and Guests; Responsibility for Damages – Members will ensure that their Listed Members (if applicable) and/or any guests that may accompany a Member through the use of a Single-Use Flight Pass (as defined below) (“Guest(s)”) comply with the Member’s obligations under the Agreement. Members will be responsible for any charges incurred by Listed Members and Guests, including Third Party Fees, as defined below. Member shall reimburse Surf for all costs and expenses incurred by Surf for such cleaning, repair or replacements as may be necessary as a result of spills, animals, extraordinary wear and tear, theft, waste, or excessive use of catering and minibar items, damage or misuse of an aircraft, FBO locations, or their contents caused by Member or their Guests. Neither the Member nor any Guests may be permitted to smoke, including but not limited to e-cigarettes, on any trips arranged hereunder. If Surf determines that a Member or Guest has been smoking on an aircraft, the cost of cleaning and additional fees may be assessed against the Member in Surf’s sole discretion. Any violation of this paragraph will be deemed a material breach of the Agreement and grounds for immediate termination of Membership. If a Member purchases a Single-Use Flight Pass for an unaccompanied minor, the Member or a guardian of the unaccompanied minor is responsible for complying with all check-in and boarding procedures for a flight to ensure that the unaccompanied minor is placed on the correct aircraft.

(9) Identification and Travel Documentation; Background Check – In accordance with the United States Transportation Security Administration (“TSA”) regulations and additional government regulations Passengers are required to comply with all TSA regulations, and will be required to present valid identification prior to departure for all flights. An Operator has the right to refuse boarding to any person without the required documentation or as a result of non-compliance with TSA or other government regulations without recourse or further obligation on behalf of an Operator or Surf.

(10) Conduct – Surf and/or Operator each reserve the right to refuse services to any Passenger in their sole discretion, and for any reason. If the conduct of a Passenger endangers the aircraft or any Passenger or property while on board, or a Passenger obstructs or hinders the crew in the performance of their duties, or fails to comply with any instruction of the crew, including those with respect to weapons or objects that can inflict harm to persons or property, smoking in any form, drugs, alcohol, or use of any threatening, abusive or insulting words towards the crew or any behavior which causes discomfort, inconvenience, damage or injury to the crew or other Passengers on the flight, Surf or Operator may take such measures as deemed necessary to prevent continuation of such conduct including restraint. Passengers may be disembarked and refused onward carriage at any point and may be prosecuted for offenses committed on board the aircraft. In addition, while waiting for travel or checking-in for flights at FBO or other airport facilities, Passengers are expected to conduct themselves in a manner that is respectful of Surf, Operator or on-ground staff, as well as other Passengers. If the conduct of a Passenger is in any way abusive, inappropriate, a violation of facility policies or the law, or threatens the safety of any person or property, Surf may take such measures as deemed necessary to prevent continuation of such conduct, including refusal of service or contacting law enforcement. If any Member is not acting in conformance with the proper rules of conduct or any community guidelines or other policies published by Surf from time-to-time, then Membership privileges may be revoked permanently in Surf’s sole discretion, without refund.

(11) Member Policies – Members shall at all times comply with all Surf terms, conditions, wait lists, Single-Use Flight Passes, baggage requirements, the Contract of Carriage, community guidelines and other policies, including procedures for the use of Reusable Reservations/Flight Passes. Surf may, in its good faith, and its reasonable business discretion, change these terms, conditions, policies, and procedures at any time. As appropriate, Surf will provide Members with prior notice of any such changes.

(12) Compliance with Laws and Regulations – Travel by Passengers shall at all times be subject to applicable laws and regulations, including regulations and guidelines established by the Department of Transportation (DOT), Federal Aviation Administration (FAA) and the Transportation Security Administration (“TSA”). Please note that Operator may have limitations regarding carry-on or checked luggage that are more restrictive than commercial airlines due to the size of the aircraft and capacity of the cargo hold. Transportation of firearms or weapons may not be permitted under applicable regulations and guidelines. Also, Surf forbids the transportation of cannabis products, narcotics and other controlled substances, regardless of whether certain substances may be considered legal in any states. If you have any questions regarding applicable restrictions, please contact memberservices@surfair.com.

(13) Animals. Surf may permit pets, service animals and emotional support animals on Surf flights subject to Surf’s then-current Animal Policy. For questions, contact memberservices@surfair.com.

(B) Single-Use Flight Passes

(1) Single-Use Flight Pass Benefits – Surf offers Single-Use Flight Passes available for purchase by Members subject to the terms of the Agreement. A “Single-Use Flight Pass” allows an individual to travel under the applicable Member’s Membership on a limited basis. Single-Use Flight Passes that are purchased in quantities greater than one (1) may allow the Member to book flights up to the quantity purchased. Any such Single-Use Flight Passes are subject to the terms and conditions of the Agreement, including the Contract of Carriage, and any other limitations or regulations published by Surf in conjunction with and applicable to Single-Use Flight Passes.

(2) Single-Use Flight Pass Restrictions – Any Single-Use Flight Passes purchased by a Member are non-refundable and expire:
(a) on the stated expiration date of the Single-Use Flight Pass; or

(b) if there is no stated expiration date on the Single-Use Flight pass: (i) one (1) year after the purchase date of the Single-Use Flight Pass, for passes purchased on or after the Effective Date; or (ii) one (1) year after the Effective Date, for passes purchased before the Effective Date.

Any Single-Use Flight Passes provided by Surf to a Member on any basis other than by sale and purchase are non-refundable and expire:
(a) on the stated expiration date of the Single-Use Flight Pass;

(b) if there is no stated expiration date on the Single-Use Flight Pass: (i) three (3) months after the issue date of the Single-Use Flight Pass, for passes issued on or after the Effective Date; or (ii) three (3) months after the Effective Date, for passes issued before the Effective Date.

Subject to approval by Surf Air and only in the event of extenuating circumstances, an expiration extension may be purchased for $50 per Single-Use Flight Reservation. In the event your request is approved to extend, these single-use reservations will be granted a one-time extension with no ability to further extend. Additionally, these single-use reservations will be ineligible for a cash value refund including the extension fee.

Any Single-Use Flight Passes that were provided by Surf to a Member on any basis other than by sale and purchase on or before December 31, 2019 and that were designated as non-expiring at the time of issue will expire on April 30, 2020. Any Single-Use Flight Passes purchased on or before December 31, 2019 and that were designated as non-expiring at the time of purchase will be subject to expiration in accordance with the Legacy Single-Use Flight Pass Policy set forth as an exhibit to this Membership Agreement.

A Single-Use Flight Pass will automatically terminate if the Membership of the Member holding the pass is terminated or cancelled for any reason. In addition, a Member will not be permitted to use a Single-Use Flight Pass while his or her Membership is in dormancy, suspended, or otherwise not active and in good standing. The expiration date for any Single-Use Flight Passes will not be extended due to the Member’s period of dormancy, suspension, inactivity or for any other reason.

(3) Surf Policies – The Single-Use Flight Pass of any Passenger refused passage or removed en route under the provisions of the Contract of Carriage will be forfeited. Surf and the Operator will refuse to honor any Reusable Reservation or Flight Pass when such action is reasonably deemed to be necessary to comply with applicable governmental regulations or requests.

(C) Presales
(1) Presales –Presales may be made by persons interested in a Membership by paying a deposit (“Deposit”) or purchasing a Membership in advance (“Advance Purchase”) and delaying the Service Commencement Date to a date set forth in the Application. Payment of a Deposit or Advance Purchase amount may also be referred to herein as a “Presale”. A Presale ensures priority access to Membership based on the date that the Presale amount is paid or deposited so long as the Membership is activated within the timeframe established by Surf at the time the Presale occurs, subject to the restrictions set forth in the Agreement or any terms of the Application.
Presales require the following information: Membership type, pricing series, desired city or route, and payment of a refundable Deposit or Advance Purchase amount. A Presale ensures a Membership if the desired city or route becomes available to Surf Members regardless of availability of Memberships on the date of the Presale; provided that, if the city or route is not made available within one (1) year of the date the Presale has been made and a launch date has not been announced by Surf, Surf may at any time after such one (1) year period and in its sole discretion: (1) refund the Deposit or Advance Purchase amount and cancel the Presale; or (2) extend the validity of the Presale for an additional period of time determined by Surf and notified to the prospective Member. The Deposit or Advance Purchase amount is also refundable to the prospective Member upon request at any time before the public launch of the desired city or route by contacting memberservices@surfair.com.

The Service Commencement Date for prospective Members that make an Advance Purchase will automatically be the date that the desired city or route set forth on the Application is available. For Presales that are made through the payment of a Deposit rather than an Advance Purchase, the Service Commencement Date must be within ninety (90) days from the date that the desired city or route becomes available to book by Surf Members, and the prospective Member shall notify Surf of the desired Service Commencement Date within that time period. Once a Service Commencement Date is set, the Deposit is automatically applied toward the Initiation Fee. If the prospective Member does not activate the Membership within the ninety (90) day period, Surf may in its sole discretion: (1) refund the Deposit and cancel the Presale; or (2) extend the validity of the Presale for an additional period of time determined by Surf and notified to the prospective Member.

Commencing on the Service Commencement Date, all other terms and conditions of the Agreement shall apply to Memberships purchased as Presales, including any terms applicable to changes in Membership Fees.

(2) Cancellation of Presales – In addition to any rights of cancellation set forth in the Agreement, Surf reserves the right to cancel Presales in its reasonable business discretion, and in such event will refund any prepaid Fees, Deposits or Advance Purchase amounts. Presales are not a guarantee that Surf will offer certain cities or routes as part of its Membership, and Surf reserves all rights in that regard.

(D) Other Third-Party Products and Services

(1) Other Third-Party Benefits – In addition to flights operated by an Operator, Surf may arrange other benefits provided by a third party (“Other Third-Parties”) to Passengers. Other Third-Parties include airport facilities, courtesy cars, car rental agencies, ground/air/water transportation providers (e.g., taxi, helicopter, ferry services), shipping or transportation services, caterers, and parking services. Surf assumes no liability for, and makes no guarantees or warranties regarding, these Other Third-Parties and benefits and such benefits may change or end at any time.

(2) Other Third-Party Fees – Surf may occasionally promote or offer for sale to Passengers goods or services provided by an Other Third-Party. All fees for Other Third-Party products or services purchased by a Passenger (“Other Third-Party Fees“) are the responsibility of the Passenger. No fees will be payable by Passengers to an Operator in connection with flights operated by an Operator for the benefit of Surf and its Passengers, and any fees payable to an Operator in connection with such flights shall be the sole responsibility of Surf.

(3) Third-Party Policies and Liability – Passengers are responsible for verifying and abiding by all Other Third-Party terms and conditions, rules and policies, and use of Other Third-Party services shall be deemed acceptance of any such terms, conditions, rules or policies. Other Third-Parties are neither agents nor employees of Surf or its affiliates. Surf and its affiliates are not liable for the acts, errors, omissions, representations, warranties, breaches, or negligence of any Other Third-Party or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom, including all liability for damage to a Passenger’s vehicle while transported to or parked in any parking area or otherwise in the care of any Other Third-Party.

(4) Parking and Ground/Air/Water Transportation – Surf does not assume responsibility for the parking of vehicles or the ground, air or water transportation of any Passengers or their baggage. Surf may, at its sole discretion, offer or promote parking or other transportation options in certain locations or in conjunction with certain bundled, packaged, or charter services. Passengers are responsible for charges associated with any such parking or other transportation that they chose to accept, and the terms of the Agreement for Other Third-Party service shall apply to parking or other transportation utilized by a Passenger. Surf assumes no responsibility, and all Passengers waive any claims against Surf, relating to or in connection with any parking or other transportation that may be offered in connection with Surf’s services.

(5) Third-Party Shipping of Baggage and Personal Property –Surf does not arrange for the transportation of unaccompanied items of personal property. Surf and Operator have absolute discretion to refuse to transport personal property unless a Passenger who is responsible for such personal property accompanies such property on a flight. If Surf permits the transport of unaccompanied items on a Surf-arranged flight in its sole and absolute discretion, Surf will have no liability for any loss or damage to such items. For Passengers desiring the transportation of baggage to a location separate from the destination, or baggage in excess of the weight limits for any flight, Surf may refer the Passenger to the services of a third-party baggage shipping service. Passenger is solely responsible for any third-party baggage shipping fees and Surf shall not be liable for the loss of or damage to such baggage transported by a third-party baggage shipping service.

(E) Membership Fees and Billing/Payment

The Membership Fees are an access fee for use of the Surf Membership, and not a payment for air transportation. Membership Fees are non-refundable, except as specifically provided in the Agreement, even if Member fails to utilize the Membership Program. Surf reserves the right to change the Membership Fees as specified in the applicable Member’s Membership Plan Terms. Members will maintain their existing dues or monthly membership fees until the conclusion of the then-current purchase agreement. If Member has prepaid an Annual Membership Fee, any change in the Member’s Annual Membership Fee will take effect no earlier than upon conclusion of the then-current annual period covered by the prepaid fee.

(1) Billing and Payment – Surf will automatically bill the Passenger using the billing information provided by the Passenger to Surf for all amounts due, including the Initiation fee (“Initiation Fee”) and any other Membership Plan fees (“Membership Fees”), and any Third Party Fees (altogether, the “Fees”). Membership Fees are due to Surf on a schedule as set forth in the Membership Plan Terms. Membership Fees are typically due on a monthly or annual basis, depending upon the type of Membership. Applicable taxes may be invoiced separately, if deemed necessary in Surf’s sole discretion. Any payment of Fees that is not paid by its due date will accrue interest at 1.5% per month or the maximum rate permitted by applicable law, whichever is less, from the due date until paid. Please contact memberservices@surfair.com for your Membership Plan Terms.

All Fees are payable in US Dollars. Surf accepts multiple forms of payment for Fees, including major credit cards, ACH, or wire transfer. Surf may also, in its discretion, accept other legal currencies that are convertible into US Dollars, including cryptocurrency (i.e., bitcoin or ethereum). Surf reserves the right in its sole discretion and upon immediate notice revoke or revise methods of acceptable payment of Fees.

If Fees are paid via credit card, Passenger agrees to provide Surf a credit card and authorizes Surf to automatically charge the Fees to the credit card on file and, for Members, on the payment schedule applicable to the Member’s account. Members shall provide new or updated credit card information promptly following expiration of the credit card on file.

If Fees are paid via ACH or wire transfer transactions, Passenger agrees to provide necessary authorizations to allow for payment of Fees, including payment of Membership Fees per the applicable schedule under the Member’s Membership Plan.

If Fees are paid via cryptocurrency, the Passenger must maintain their own cryptocurrency wallet, and comply with any policies or rules established by Surf for payment by cryptocurrency. The security and privacy of Passenger’s cryptocurrency wallet shall be the sole responsibility of Passenger.

Payments processed through any of the above methods will always be subject to the terms and conditions of the respective payment processing agencies, and Passenger will abide by such terms and conditions. Surf has no responsibility for payments transmitted in error, or payments that fail to transmit due to an omission, by a Passenger or any third party, and Passenger shall remain responsible for any unpaid Fees that result from Passenger’s non-payment due to an error or omission by Passenger or any third party. Any fees, assessments or penalties payable by Passenger to any third party in connection with Passenger’s use of services by payment processing agencies and/or based on form of payment used by the Passenger shall be the sole responsibility of the Passenger, and Surf shall have no liability for any such fees, assessments or penalties. All transactions shall be in accordance with Surf policies set forth for such payment options. Please contact memberservices@surfair.com for any such policies.
(2) Suspension of Membership – Surf reserves the right to suspend or terminate (at Surf’s option) a Membership if payment of the Fees is not received within seven (7) days of its due date (“Membership Suspension”). Membership shall be suspended until such time that Member provides a valid payment method and all Fees due to Surf have been received, including all past due amounts and amounts for any periods of Membership Suspension.

(3) Dormancy – Dormancy status may be permitted for Members depending upon Membership Plan, but in no event may dormancy status be elected until a Member’s account has been active for at least three (3) months or, if longer, during any prepaid Membership periods of time. Please contact memberservices@surfair.com for your Membership Plan Terms. If permitted by your Membership Plan, by electing Dormancy status, in lieu of remitting Membership Fees, Member will be billed a “Dormancy Fee” (as further set forth in your Membership Plan Terms), for up to three (3) months per calendar year (“Dormancy Term”) to temporarily de-activate Membership. During a Dormancy Term, you will be unable to book or fly on flights operated by an Operator and arranged by Surf; however, your Membership Plan will be maintained and upon conclusion of the Dormancy Term, your Membership will automatically revert to your Membership Plan and you will be billed by Surf accordingly. All Dormancy requests require thirty (30) days advanced written notice tomemberservices@surfair.com. No Dormancy Term may be less than thirty (30) days in duration.

(F) Cancellation of Membership

(1) Cancellation of Membership by Member – Except as otherwise expressly provided in the Agreement, a Member may not cancel Membership during the Membership Term as specified in the Member’s Membership Plan Terms, and all Membership Fees payable in respect of the entire Membership Term are non-cancellable and non-refundable. After the initial Membership Term, unless otherwise stated in the Membership Plan Terms, the Member’s Membership will renew and the Membership Term will be extended as follows: (a) for Members who pay their Membership Fees monthly, on a month to month basis until cancelled by the Member; and (b) for Members who paid for an entire year of Membership in one payment, on an annual basis until cancelled by the Member. To cancel a Membership, the Member must provide no less than thirty (30) days written notice to Surf at memberservices@surfair.com prior to the desired cancellation date, or such longer period as may be specified in the Application or applicable Membership Plan Terms (“Cancellation Notice Requirement“). Cancellation is effective upon the conclusion of the notice period specified by the Cancellation Notice Requirement, but no earlier than expiration of the applicable commitment period (as further set forth in the Member’s Membership Plan Terms), and only upon acknowledgment by Surf of receipt of the cancellation notice. The Member will remain responsible for all amounts that come due prior to the effective date of the cancellation, as set forth above.

If (a) the Member is paying his or her Membership Fee on a monthly basis during the Membership Term; and (b) the Member has designated a “Primary Flight Route” in his or her Membership Plan Terms, then Member may cancel his Membership during the Membership Term if there is an Adverse Route Event (as defined below). An “Adverse Route Event” occurs if Surf reduces the number of weekly flights on the Member’s Primary Flight Route by more than 50%. No Adverse Route Event will have occurred if an airport that is part of a Primary Flight Route is substituted with another airport within twenty (20) miles. Upon the occurrence of an Adverse Route Event, if Member provides notice to Surf at memberservices@surfair.com within ninety (90) days of the announcement of such Adverse Route Event, the Member’s membership will be terminated on the later of: (a) the first day of the month within which the Adverse Route Event occurs and (b) thirty (30) days after notice of termination is provided. Member will not be responsible for any monthly Fees due on or after the date of the termination. Surf may change a Member’s Primary Flight Route if the Member flies another route more often than the route currently designated as the Primary Flight Route. Any change in Primary Flight Route may be retroactive to the first day of the month during which the new flight route became the route with the most flights by the Member.

(2) Cancellation or Suspension of Membership by Surf – Surf reserves the right to cancel or suspend the Membership of any Member immediately upon notice to the Member at Surf’s sole discretion and for any reason, including if Member breaches any terms or conditions of the Agreement or Surf’s belief that a Member’s continued use of such Membership would violate any provisions of the Agreement or applicable law. If Surf cancels a Member’s Membership due to a breach of the Agreement by Member or Member cancels his or her Membership, any Fees previously paid by Member will be non-refundable and any Fees payable for the remainder of the Membership Term will become immediately due and payable. If Surf cancels a Member’s Membership for any reason other than a Member’s breach of the Agreement, Member’s recourse will be limited to a pro rata refund of any pre-paid Fees based on the length of time the Member had access to the Program.

If a Member’s Membership expires, is canceled by Member, or is cancelled by Surf due to Member’s breach of the Agreement, Member will irrevocably lose and forfeit all privileges, flight credits, Single-Use Flight Passes and any additional benefits that might have accrued to Member. Surf will not owe any further obligation to provide any services, credits or benefits to Member. Except as expressly provided herein, Member will hold Surf harmless for the loss of the service, credits or any additional benefits. No accrued, forfeited benefits will be reinstated if the Member later rejoins the Program.

(G) Amendments to Membership Terms and Service Limitations. Amendment of Membership and Agreement – Surf may amend or modify the Agreement from time to time. If appropriate, Surf will provide Members with prior notice of any proposed changes to the Agreement. Any changes to the Agreement by Surf will be made in good faith in Surf’s reasonable business discretion. Except as otherwise expressly stated in the Agreement, a Member’s continued access or use of the service after the effective date of the changes constitutes Member’s consent to be bound by the Agreement, as amended or modified.

(H) Miscellaneous

(1) Accuracy of Information – Member represents that all information provided in the Application is true, accurate, current, and complete. Member further agrees that s/he will notify Surf of any substantive changes to the Member’s and Listed Members’ name, contact, payment, or other applicable information.

(2) Legal Authority – The person entering into the Agreement represents that such person is of legal age to form a binding contract, is not a person barred from receiving services under the laws of the United States or other applicable jurisdiction and will only use the Membership for legitimate purposes. If the person entering the Agreement is doing so on behalf of a legal entity, such person represents that she or he has the legal authority to bind the legal entity to the Agreement.

(3) Non-Transferability of Membership, Rewards or Credits – Membership privileges are solely available to Member and cannot be lent, shared, transferred, leased or sold to any third party, except as specified in the Agreement or in a valid promotional offer. While Members can invite guests to join them on flights by purchasing Single-Use Flight Passes, they cannot lend their account to someone else to book flights or access the service. Members cannot sell, transfer or receive remuneration for Listed Member status, Single-Use Flight Passes, flight credits or other awarded or accrued benefits or credits. Any reward or credit associated with Membership may be limited and may be subject to expiration at Surf’s sole discretion. Any monetary credit applied to a Member’s account by Surf must be applied by the Member to the next charges incurred by the Member after the credit is applied and to successive charges thereafter until the credit is used in full. In other words, monetary credits applied to a Member’s account by Surf cannot be saved or banked for future use by the Member and must be used as soon as possible. Any breach of this section regarding non-transferability of Membership benefits may result in Member losing privileges up to and including Membership cancellation with no further obligation to Member or recourse by Member.

(4) Background Checks – Each Passenger consents to one or more background checks. Member agrees and consents to periodic background checks on the Member, Listed Members and Guests at any time during the term of the Agreement and prior to any such individual’s travel on a Surf flight. Background checks may be performed by a third party and in accordance with such third party’s policies and procedures. Surf may require that Passengers provide additional information, including a social security number or global entry card (if no SSN), and may share all or a portion of such information with third party vendors for the purpose of conducting the background check. Surf warrants that it will maintain the confidentiality of information provided by Passengers as required by applicable law. Background checks may take up to five (5) business days to process. A Passenger’s acceptance of the Agreement and delivery of the Passenger’s personal information constitutes consent to Surf for performing a background check. Surf reserves the right to refuse service, at its sole discretion, to any Passenger that does not comply with the request for a background check or based on the results of a background check.

(5) Baggage and Personal Property – Surf personnel may assist with the handling of baggage on behalf of Passengers in connection with Passenger check-in. Surf’s aggregate liability, if any, for loss of or damage to baggage and/or its contents, with the exception of wheelchairs, mobility aids, and assistive devices used by an individual with a disability, is limited to the proven actual value of damage or loss, but in no event shall be greater than $200.00 per Passenger. Surf will be liable for personal property only for the period in which it is in the custody of Surf. Surf assumes no liability or responsibility for property carried onboard an aircraft by a Passenger and retained in the custody of the Passenger. Surf’s liability for loss, delay or damage to baggage is limited unless a higher value is declared in advance and additional charges are paid. Under no circumstances shall Surf be liable to any Passenger for any type of special, incidental or consequential damages related to the damage, loss or delay of checked baggage. The foregoing may be in addition to any liability of the Operator for loss of or damage to baggage and/or its contents.

To the extent of its liability assumed under this Agreement, Surf will compensate the Passenger for reasonable, documented damages incurred as a result of the loss of or damage to such items up to the limit of liability as set forth above, provided the Passenger exercised reasonable effort to minimize the amount of damage as determined in Surf’ sole discretion. Actual value for reimbursement of lost or damaged property shall be calculated as the lesser of the documented original purchase price of the items, less depreciation for prior usage, or the cost to make applicable repairs. In no event will Surf be liable for damage to bags arising from ordinary wear and tear or broken or damaged handles, zippers, snaps, flaps, rivets, or wheels. While Surf will make reasonable efforts to return carry-on items that have been left onboard an aircraft, Surf assumes no liability or responsibility for the loss of or damage to carry-on items. If a wheelchair, mobility aid, or assistive device is lost, damaged, or destroyed while in Surf’s possession, Surf’s liability shall be the documented original purchase price of the wheelchair, mobility aid, or assistive device, without depreciation.

(6) Claims and Limitations of Liability; DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
Surf does not own or operate any aircraft on which the flights are performed and does not carry any aviation liability insurance. Coverage for losses, if any, may be provided and administered by the respective third parties that provide the services. Surf shall not be liable for any injury, damage, loss, expense, special or consequential damages, or any other irregularity caused by the defect of any aircraft or conveyance, or the negligence of any company or person, including but not limited to Operator, engaged in conveying the Passenger, or carrying out the arrangements for Passenger’s trip or providing any partner benefits. It is the sole responsibility of an Operator to maintain liability insurance coverage. Passengers understand and agree that Surf is not liable for any claims arising out of or in connection with the services of an Operator or any of its partners and affiliates.

On behalf of themselves and their guests, Passengers understand and agree that Surf’s liability shall in any case be limited to the amount paid by Passenger to Surf. In addition, no claim will be recognized by Surf unless written notice of such claim is presented to Surf within twenty-one (21) days after the occurrence of the event giving rise to the claim. In the case of loss of, damage to, or delay in delivery of baggage, no claim will be entertained by Surf unless preliminary written notice of such claim is presented to a Surf representative in person within one (1) day after arrival of the flight on which the loss, damage, or delay is alleged to have occurred. The preliminary notice may thereafter be amended in writing; however, such amended claim must be presented to Surf no later than ten (10) days after the occurrence of the event giving rise to the claim. Failure to provide timely written notice will not bar a claim if the claimant establishes to the satisfaction of Surf that he or she was unable, through no fault or omission of the claimant, to provide notice within the specified time. No legal action on any claim described above may be maintained against Surf unless commenced within six (6) months of Surf’s written denial of a claim, in whole or in part.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN ALL CASES AND UNDER ALL CIRCUMSTANCES, NEITHER SURF NOR OPERATOR SHALL IN ANY EVENT BE LIABLE TO PASSENGERS FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND OR NATURE INCLUDING LOSS OF PROFITS, USE, VALUE, REVENUE, BUSINESS OPPORTUNITIES, AND THE LIKE, UNDER ANY CIRCUMSTANCES OR FOR ANY REASON, INCLUDING ANY DELAY OR FAILURE TO FURNISH ANY AIRCRAFT CAUSED OR OCCASIONED BY THE PERFORMANCE OR NON-PERFORMANCE OF ANY OBLIGATIONS OF OPERATOR (REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT OR TORT OR ANY OTHER LEGAL OR EQUITABLE THEORY), EVEN IF ANY SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITIES OF SUCH DAMAGES.
PASSENGER ACKNOWLEDGES AND AGREES THAT ANY LIMITATIONS OF LIABILITY FOR THE BENEFIT OF SURF ALSO APPLY TO SURF’S SHAREHOLDERS, AGENTS, REPRESENTATIVES, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AND SUCCESSORS AND ASSIGNS.

EACH PASSENGER ACKNOWLEDGES AND AGREES THAT, EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES CONTAINED IN THE AGREEMENT: (A) NEITHER SURF NOR ANY OTHER PERSON ON SURF’S BEHALF HAS MADE OR MAKES ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY, EITHER ORAL OR WRITTEN, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, TRADE, OR OTHERWISE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED; AND (B) EACH PASSENGER ACKNOWLEDGES AND AGREES THAT, IN DECIDING TO PURCHASE A MEMBERSHIP OR USE SURF SERVICES, HE, SHE, OR IT HAS NOT RELIED UPON ANY REPRESENTATION, WARRANTY OR DISCLOSURE MADE BY SURF OR ANY OTHER PERSON ON SURF’S BEHALF, EXCEPT AS SPECIFICALLY PROVIDED IN THE AGREEMENT.

(7) Choice of Law – The Agreement will be governed in all respects by the laws of the State of California without regard to their respective conflicts of laws rules.

(8) Dispute Resolution; MANDATORY BINDING INDIVIDUAL ARBITRATION

Please read this section carefully. It affects legal rights that you may otherwise have and requires individual final and binding arbitration of most disputes instead of resolution in court.
In the event of a dispute under the Agreement, where such dispute has not been settled within thirty (30) days after written notice from either party to the other of the existence of the dispute, the parties agree that, at the request of either party, such dispute will be submitted for binding arbitration in accordance with the procedures below.

Arbitration is the submission of a dispute to a neutral arbitrator, instead of a judge or jury, for a final and binding decision, known as an “award.” Arbitration provides for more limited discovery than in court, is subject to limited review by courts, and the result is confidential. Each party has an opportunity to present evidence to the arbitrator in writing or through witnesses. An arbitrator can only award the same damages and relief that a court can award under the law and must honor the terms and conditions in the Agreement.

ARBITRATION AGREEMENT, CLASS ACTION WAIVER, PUNITIVE DAMAGES WAIVER

You and Surf agree that any dispute, whether at law or equity, arising out of or relating to the Agreement or your use of Surf products or services, regardless of the date of accrual of such dispute, and including any dispute about whether a claim is subject to arbitration, shall be resolved in its entirety by individual (not classwide or collective) binding arbitration.
You and Surf agree that any arbitration under the Agreement will take place on an individual basis and that class, mass, consolidated or combined actions or arbitrations or proceedings as a private attorney general are not permitted.

YOU AND SURF AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY.

This agreement to arbitrate extends to claims that you assert against Surf’s agents, representatives, managers, officers, directors, employees, and successors and assigns.
This agreement to arbitrate shall survive termination of the Agreement. Notwithstanding anything to the contrary, if any part of this agreement to arbitrate is deemed invalid or inapplicable, the remainder of the agreement to arbitrate shall still be considered valid and enforceable. If any part of this agreement to arbitrate is deemed invalid or inapplicable, you and Surf both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class, mass, consolidated, or combined basis.

ARBITRATION PROCEDURES

Arbitration shall be conducted by JAMS in accordance with its Streamlined Arbitration Rules and Procedures (the “JAMS Rules”). The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To begin an arbitration proceeding, you must serve Surf at Member Services, Surf Air Inc., 12111 Crenshaw Blvd., Hawthorne, California, United States 90250.

Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and Surf will pay all other administrative costs and fees. In addition, for claims of less than $1,000, Surf will reimburse you for the $25 fee if the arbitrator rules in your favor. Reasonable attorneys’ fees and expenses will be awarded only to the extent such allocation or award is available under applicable law.

Any arbitration will take place in Los Angeles County, California and will be determined by a single arbitrator; provided, however, that upon request by either party for claims of less than $1,000, the arbitration shall be conducted by telephone or by submission of documents only to the extent permitted by the JAMS Rules.
Judgment on the award may be entered in any court of competent jurisdiction. The proceeding will be closed except to the parties, their attorneys, representatives, witnesses, and experts, all of whom must agree or have a duty to maintain the confidentiality of the dispute and its result, except as needed to implement the ruling.

(9) Severability – If, for any reason, any portion of the Agreement is determined by a competent authority to be void or unenforceable, then (a) that portion will have no effect, (b) the balance of the Agreement will remain in full force and effect, and (c) the Agreement will be performed as though the stricken portion were replaced with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.

(10) Interpretation – Article titles and subheadings contained in this Membership Agreement are inserted only as a matter of convenience and for reference. Such titles in no way define, limit, or describe the scope or extent of any provision of this Membership Agreement. For purposes of this Membership Agreement, (a) the words “include,” “includes” and “including” are deemed to be followed by the words “without limitation”; and (b) the word “or” is not exclusive. Unless the context otherwise requires, references in this Membership Agreement: (x) to an agreement, instrument, or other document means such agreement, instrument, or other document as amended, supplemented and modified from time to time to the extent permitted by the provisions thereof; and (z) to a statute means such statute as amended from time to time and includes any successor legislation thereto and any regulations promulgated thereunder. The Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted. All references to “$” or “dollars” mean the lawful currency of the United States of America.

(11) Conflicts – In the event of a conflict between a Contract of Carriage, Membership Agreement, Membership Plan Terms, terms printed on any ticket, terms printed on any ticketless travel authorization, and terms specified on Surf’s website or mobile device application, precedence will be given in the order in which they are listed in the foregoing and if there is more than one version of any that are applicable, the last in time. Passengers who purchase a seat through the global distribution system (“GDS”) made available by Surf are bound by the GDS Seat Purchase Terms found on Surf’s website. For GDS Passengers, the GDS Seat Purchase Terms take precedence over this Membership Agreement in the event of a conflict.

(12) Privacy – Surf takes appropriate measures to maintain data regarding its Passengers confidential. Surf may be required to furnish Passenger data, such as name, date of birth, and passport information, to comply with national and international security requirements or rules of governing bodies. It may also be necessary for Surf to provide names of persons on a flight and other information to third parties providing services related to a flight including to an Operator and governmental authorities. Surf may use Passenger information to check the credit of Passenger in connection with its invoice collection efforts or to check the credit of Member and perform criminal and other background searches of Member in connection with evaluating whether to accept or continue Member’s membership in the Membership Program. Surf does not sell Passenger or guest data to third parties.
For further information regarding Surf’s processing of your data and information, please reference Surf’s Privacy Policy which is available on the Legal link of Surf’s website at www.surfair.com.

(13) Release to Use Picture and Voice – Passenger authorizes Surf, its subsidiaries, licensees, successors and assigns, to use Passenger’s (1) picture, including photographic, motion picture, and electronic (video) images; and (2) voice, including sound and video recordings, in each case created while Passenger is utilizing the Program. Passenger hereby grants Surf, its subsidiaries, licensees, successors and assigns, the right to use, publish, and reproduce, for all purposes, Passenger’s name, picture of Passenger in film or electronic (video) form, sound and video recordings of Passenger’s voice, and printed and electronic copy of the information described above in any and all media including cable and broadcast television and Internet, and for exhibition, distribution, promotion, advertising, sale, press conferences, meetings, hearings, educational purposes and in brochures and other print media. This permission extends to all languages, media, formats and markets now known or hereafter devised whether in the United States or abroad. The permission shall continue forever. Passenger further grants Surf, its subsidiaries, licensees, successors and assigns all right, title, and interest in all finished pictures, negatives, reproductions, and copies of the original print, and further grants Surf, its subsidiaries, licensees, successors and assigns the right to give, sell, transfer, and exhibit the print in copies or facsimiles thereof, for marketing, communications, or advertising purposes, as it deems fit in its sole discretion. Passenger hereby waives the right to receive any payment for granting this release and waives the right to receive any payment for Surf’s, its subsidiaries, licensees, successors and assigns use of any of the material described above for any purpose authorized by this release. Passenger also waives any right to inspect or approve finished photographs, audio, video, multimedia, or advertising recordings and copy or printed matter or computer-generated scanned image and other electronic media that may be used in conjunction therewith and to approve the eventual use that it might be applied.

(14) Intellectual Property; License to Use Software; Acceptable Use and Non-Infringement – Surf and its licensors shall own all right, title and interest, including all intellectual property rights, in Surf’s services and the Software, including any suggestions, ideas, feedback, recommendations or other information provided by Members or any third party regarding Surf’s services or the Software that Surf incorporates into the services or Software. Subject to Member’s compliance with the Agreement, Surf grants Member a limited non-exclusive, non-transferable license to download and use the Software solely for Member’s own personal use. Nothing in the Agreement shall be deemed to convey any rights of ownership in the Software or any Surf intellectual property to Member or any third party, except for the limited license granted herein. Members are required to comply with the terms of any site where Software is available for download. Any violation of any Surf terms relating to the Software may lead to suspension or cancellation of the Membership in Surf’s sole discretion.

(15) Waiver. No failure or delay by either party in exercising any right under the Agreement shall operate as a waiver of that right and no single or partial exercise of that right shall preclude any other or further exercise of that right or the exercise of any other rights.

(16) Force Majeure. Surf shall not have any liability for delay or failure to furnish the products or services contemplated by the Agreement when such delay or failure is caused by circumstances beyond the reasonable control of Surf (“Force Majeure”). Examples of Force Majeure shall include the following: adverse weather conditions, mechanical failures, acts of God, governmental actions, war, civil commotion, FAA or other government regulations, crew rest, acts of terrorism, fire, explosion, flood, epidemic, labor disputes (whether or not relating to Surf’s workforce) or restraints or delays affecting aircraft operators and carriers (including “slot delays”, inability to obtain or delay in obtaining governmental approvals, permits and licenses), closure or congestion of airports, Air Traffic Control congestion, or natural or nuclear disaster. Surf shall not be held liable and Member agrees not to claim any damages against Surf that Member might suffer as a result of delay or failure to make available to Member any services, if the delay or cancellation was caused by Force Majeure, as defined herein.

(17) Compliance with Laws. Passenger shall comply and Member shall ensure that all Member’s guests comply with all laws, treaties, customs, policies, public health, FAR’s and other rules and regulations, including the immigration and customs laws of each country or state from, through, or to which a flight may operate (“Laws”). Passenger further agrees to indemnify and hold Surf, any Operator and each of their respective affiliates and their respective officers, directors, other Passengers, employees, agents and representatives (the “Indemnitees”) harmless against any and all loss, liability, damage or expense suffered or incurred by the Indemnitees (including attorneys’ fees and expenses) by reason of any failure of Passenger or its officers, directors, employees, agents, representatives or guests to comply with any Laws.

(18) Notice and Contact Information. Surf may give notice by means of a general notice through the Software, email to Passenger’s email address on record or by written communication sent to Passenger’s address on record. Such notice shall be deemed to have been given upon the expiration of two (2) business days after mailing (if sent by first class mail) or twenty-four (24) hours after posting or sending it via email or other means of electronic transmission. Passenger may give notice to Surf (such notice shall be deemed given when received by Surf) at any time by any of the following: letter delivered by nationally recognized overnight delivery service or first class mail postage prepaid with delivery confirmation to Surf at the following address: Surf Air Inc., 12111 Crenshaw Blvd., Hawthorne, California 90250 addressed to the attention of: Chief Executive Officer, with a copy to the Legal Department.
Member Services can be contacted at:

Surf Air Inc.
12111 Crenshaw Blvd.
Hawthorne, California 90250
Email Address: memberservices@surfair.com

Legacy Single-Use Flight Pass Policy

Any Single-Use Flight Passes purchased by Members on or before December 31, 2019 that were designated as non-expiring at the time of purchase are referred to as “Legacy Single-Use Flight Passes”. All Legacy Single-Use Flight Passes will expire on April 30, 2020 unless an extension to such expiration date is granted by Surf in its sole discretion. To obtain an extension of the expiration date, a Member must submit a written request for an extension to Surf at memberservices@surfair.com no later than April 30, 2020. The extension request submitted by a Member must: (a) reference this Surf Legacy Single-Use Flight Pass Policy and (b) provide the Member’s proposed expiration date. Surf Member Services will contact each Member who requests an extension. Any extension granted by Surf will be in writing.

Member Care services can be contacted at:

Surf Air

12111 S. Crenshaw Blvd.
Hawthorne, CA 90250

Email Address: memberservices@surfair.com
Telephone Number: (888) 704-2582

Surf Air Referral Benefits

In addition to the terms set forth BELOW, the referral benefits and new memberships ARE subject to the terms and conditions contained in the Membership Agreement, the membership application and any other written correspondence regarding the pricing and terms of membership, the applicable flight operator’s Contract of Carriage, and such additional rules, LIMITATIONS, terms and conditions which may be presented on Surf Air’s website or any ticket or ticket-less travel authorization.

Surf Air Referral Program Terms and Conditions

Effective Date: January 12, 2022

Surf Air Inc., a Delaware corporation (“Surf Air”, “our”, “us” or “we”), may at times offer you (the “User” or “you”) the opportunity to refer friends via a referral program (“Program”) offered on its mobile application or the web site located at https://www.surfair.com (the “Platform”).

Binding Agreement

By using the Platform or participating in the Program, you are bound by these Terms and Conditions (“Terms”) and indicate your agreement to them.  All of our decisions are final and binding.  These Terms are incorporated in, part of and subject to our Terms of Use available at https://www.surfair.com/us/legal/#section-2. (Capitalized terms not otherwise defined shall have the meanings set forth in the Terms of Use.)

Privacy

The personal information collected, processed and used as part of the Program will be used in accordance with our Privacy Policy, which is available for your review at https://www.surfair.com/us/legal/#section-1.

Eligibility

You must be 18 years old or order to access and use the Platform.  You do not need to be a Surf Air member to participate in the Program so long as you create an account with Surf Air by providing your username and password, or by using Google Sign-In.  Children under 13 years old are prohibited from accessing the Platform or otherwise providing any personal information to Surf Air.

How the Program Works

Using the Platform, you can follow the on-screen instructions to refer friends, family members or colleagues whom you personally know (“Friends”).  You are welcome to invite as many Friends as you like to participate in the Program by sharing with them your unique referral link (“Personal Link”).  Once your Friend finds a flight on fly.surfair.com and checks out using your Personal Link, their Referral Credit (as defined below) will automatically applied at checkout.  After your Friend completes their flight on the Service, your Referral Credit will be deposited directly into your account.

Referral Credits

By making a Valid Referral (defined below), you will receive a referral credit and your Friend will receive a referral credit (each, a “Referral Credit”) to be applied to any Scheduled flight or On Demand Charter booked on the Platform, subject to the restrictions set forth below.  In order to qualify as a “Valid Referral”, your Friend must be a first-time User of the Service as a result of your referral.  Any individual who has previously flown on the Service, including a non-paying guest, will not qualify as a “Valid Referral”.  Additional restrictions may apply.  Referral Credits are subject to verification. We may delay a Referral Credit for the purposes of investigation. We may also refuse to verify and process any transaction for any reason.  Unless otherwise stated, Referral Credits have no monetary value and may not be redeemed for cash.  They are not transferable and may not be auctioned, traded, bartered or sold.  Referral Credits expire after 12 calendar months.  These restrictions are incorporated in, part of and subject to our Surf Air Credit Terms and Conditions available at https://www.surfair.com/us/legal/#section-9.

Restrictions

Referrers cannot refer themselves or create multiple, fictitious or fake accounts with Surf Air.  No User may use the Program to violate any law, infringe or violate the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene or outside the spirit and intent of the Program.  In addition, you may not (i) tamper with the Program, (ii) act in an unfair or disruptive manner, or (iii) use any system, bot or other device or artifice to participate or receive any benefit in the Program. This includes but is not limited to a general prohibition on posting of your Personal Link on any website which offers the referral code to anyone other than Friends — i.e., individuals to whom you personally know.  If we believe that a referral code associated with a User’s account was used in such a manner, we have the right to remove all Referral Credit associated with that account and remove the User from the Platform. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SURF AIR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

Liability

YOU UNDERSTAND AND AGREE THAT THE INDEMNIFIED PARTIES (DEFINED BELOW) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL,  CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY SURF AIR, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES) ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM OR THE SURF AIR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. By participating in the Program, you agree to indemnify, defend, and hold harmless Surf Air and its affiliates, and its and their respective officers, directors, members, employees, independent contractors, agents, representatives, attorneys, insurers, successors and assigns (the “Indemnified Parties”) from and against any and all Liabilities incurred in connection with (i) your use or inability to use the Platform or book flights, or (ii) your breach or violation of this Agreement; (iii) your violation of any law, or the rights of any User or third party and (iv) any content submitted by you or using your account to the Platform, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. You also agree to indemnify the Indemnified Parties for any Liabilities resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or loan on our infrastructure. Surf Air reserves the right, in its own sole discretion, to assume the exclusive defense and control at its own expense of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of Surf Air.  TO THE FULLEST EXTENT POSSIBLE BY LAW, THE INDEMNIFIED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), SHALL BE $100.00.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PROGRAM AND THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SURF AIR MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE PLATFORM OR THE CONTENT OF ANY SITES LINKED TO THE PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY OR IN TORT FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, (III) ANY ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND (IV) EVENTS BEYOND OUR REASONABLE CONTROL.

Bulk Distribution (“Spam”)

Each Referrer is the actual sender of the emails and must comply with applicable law.  Referrals must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members.  By submitting any email address as part of the Program, the Referrer represents that he/she has the appropriate permission and consent. Bulk email distribution, distribution to strangers, or any other use of the services described herein in a manner that is not promoted is expressly prohibited and may be grounds for immediate removal from the Platform and further legal action.  We have no obligation to monitor the Program or any communications; however, we may choose to do so and block any chat messages, remove any such User Generated Content, or prohibit any use of the Program. Referrers who do not comply with the law, including anti-spam laws, are obligated to indemnify us against any liabilities, costs and expenses it incurs as a results of such Spam.

Right to Cancel, Modify or Terminate

We reserve the right to cancel, modify or terminate the Program at any time for any reason. We reserve the right to disqualify any User at any time from participation in the Program if we have a good faith belief that he/she has violated any of these Terms.

Contract of Carriage

Version 5.0.1 (revised December 19, 2023)

Southern Airways Express, LLC

Mokulele Airlines

Operating Headquarters

Southern Airways Express

2875 South Ocean Boulevard, Suite 256

Palm Beach, FL 33480-5590

Mokulele Airlines

355 Hukilike Street, Suite 103

Kahului, HI 96732-2973

Table of Contents

Transportation of passengers, baggage, and freight on flights operated by Southern Airways Express, LLC under the “Southern Airways Express” or “Mokulele Airlines” brand names, collectively called “Carrier,” is subject to the terms and conditions as established in this Contract of Carriage, in addition to any other printed conditions on any electronic ticket receipt or itinerary. Purchase of a ticket or accepting travel on Carrier is a binding agreement to accept all terms.

1. Application Of Terms and Conditions
2. Applicable Law
3. Customer Commitment
4. Reservation Confirmation, Check-In, Fares, Groups
5. Tickets and Ticket Validity
6. Cancellation of Reservations, Credits, Refunds
7. Credits – Vouchers and Electronic Miscellaneous Document (EMD)
8. Returned Check Acceptance
9. Acceptance of Children (Accompanied and Unaccompanied)
10. Customer of Size
11. Passengers Requiring Boarding Assistance
12. Medical Devices Allowed Onboard Aircraft
13. Pets In Cabin, Service Animals, Animals In General
14. Ground Transfer Service
15. Travel Documents
16. Screening of Passengers and Baggage
17. Refusal To Transport
18. Smoking Policy
19. Baggage (including Lithium Batteries, Firearms, Sports Equipment)
20. Denied Boarding Compensation
21. Rerouting
22. Additional Liability Limitations
23. Customer Service Complaints
24. Privacy Notice
25. Passengers Requiring Assistance

All terms of this Contract of Carriage apply to Southern and Mokulele, except where specifically noted.

Definitions

As used in this Contract of Carriage, the following terms, whether or not capitalized, shall have the meanings ascribed below:

Adult……………………………….For ticketing purposes, a person who has reached his or her eighteenth birthday as of the date of commencement of travel.

Animal …………………………….For Carrier purposes – any animal that is not a domesticated dog or cat.

Baggage …………………………..All luggage, including suitcases, garment bags, tote bags, packages, boxes, coolers, and similar articles that will be carried in the aircraft cargo compartments.

Baggage Claim Check ………..Those portion(s) of the document issued by the carrier and given to the passenger to act as a receipt for the passenger’s checked Baggage. Does not apply to flight numbers 3000-3999.

Baggage Tag …………………….A document issued by the Carrier solely for identification of checked baggage of which a portion is affixed by the Carrier to an article of checked baggage for routing purposes and a portion of which is given to the passenger to claim the baggage. Does not apply to flight numbers 3000-3999.

Cabin Baggage ………………….Baggage that, due to its size and nature, requires the purchase of a seat onboard the aircraft to transport that piece of baggage.

Carrier …………………………….Refers to Southern Airways Express. Southern Airways does business under the names Southern Airways Overseas, Southern Airways Express, Sun Air, Sun Air Express, and Carrier.

Carriage …………………………..Transportation of passengers and their baggage by air or ground, either gratuitously or for hire.

Carry-On Baggage …………….Baggage, such as a small suitcase, garment bag, tote bag, package, camera and electronics bag, computer and equipment case, briefcase, or similar item that is carried by the passenger in the cabin.

Charter Flight …………………..A flight where all seats are purchased by one entity to create a private flight

Checked Baggage ……………..Flight numbers 3000-3999 Baggage that exceeds the carry-on baggage requirements and is stored behind the cargo net which a ticketed passenger has requested be carried by the carrier.

Checked Baggage ……………..All other flight numbers Baggage that a ticketed passenger has requested be carried by the carrier and for which the carrier has issued a Baggage Tag and provided the Baggage Claim Check to the passenger

Child ……………………………….For ticketing purposes, a person who is between the ages of two years old and seventeen years old on the day of travel

Circle Trip ………………………..Travel in which the point of origin is also the ultimate destination but is not a round trip because it involves at least one more Stopover at another destination

Codeshare Flight ………………A flight that is operated by one airline but jointly marketed by one or more different airlines

Conjunction Ticket ……………Two or more tickets concurrently issued to a Passenger and which together constitute a single Contract of Carriage

Consequential Damages ……Damages that are the result of an act but are not direct or immediate

Contract of Carriage ………….The terms and conditions contained in this document, as amended from time to time by Carrier

Country of Commencement of Transportation ……………The country in which travel commences

Date of Purchase ………………The date of issuance of the ticket or receipt of payment for the ticket

Date of Transportation ………The date of travel as shown on a flight coupon

Department of Transportation ……………….The United States Department of Transportation (USDOT)

Destination ………………………The ultimate destination of the passenger’s journey as shown on the ticket

Direct Flight ……………………..Any flight that goes between two points which may include one or more stops at intermediate point(s) with no change in flight numbers (may also be a nonstop flight)

Electronic Miscellaneous Document (EMD)……………An International Air Transport Association (IATA) standard for an electronically issued document outlining ancillary revenue

Fare Component ………………a portion of an itinerary that lies between two consecutive fare construction points (the points of origin and destination of the trip are considered the fare construction points)

Flight Coupon …………………..A portion of the Ticket that indicates travel points between which the coupon is good for carriage

Frequent Flyer / Frequent Traveler Award Ticket ………………….An award that is given to a customer who has earned or obtained enough credits by flying the required amounts outlined in its program on Carrier to earn a one-way credit to be used for transportation on Carrier

Gate-Checked Luggage………Items classified as a “Carry-On” but are too large to fit in the cabin. It is subject to screening by TSA (if at a secured airport location). They will be specially tagged by the counter or gate agent. The passenger will then carry the bag to the gate and, once ready to board, the passenger will then leave the bag by the stairs of the aircraft and will receive the bag upon deplaning at their final destination.

Government-Issued Photo Identification Document ……………………..A government-issued ID which is required for check-in. Rules and types of identification allowed can be found at https://www.tsa.gov/travel/security-screening/identification

Group ……………………………..A reservation consisting of (normally) 10 or more passengers, depending on the type of aircraft and seating capacity.

Infant ………………………………For ticketing purposes, a person who is under two years of age on the day of travel

Interline Transfer Point ……..Any point at which the Passenger transfers from the services of one carrier to the services of another carrier

Interline Transportation …….Carriage on the services of more than one carrier where carriers agree to accept each other’s tickets and baggage

Interstate Transportation …..Transportation between a point in any state of the United States and the District of Columbia and a point in any other state of the United States or the District of Columbia

Interisland ……………………….The transport between a group of islands that are not connected via land

Journey ……………………………All travel included on a ticket or group of conjunction tickets

Legal Guardian …………………One who legally has the responsibility of care and management of an infant/minor

Local Currency Fares …………Fares and related charges expressed in the currency of the Country of Commencement of Transportation

Main Cabin ………………………The passenger seating area inside an aircraft

Maximum Outside Linear Dimensions ……………………The sum of the greatest outside length plus the greatest outside width, plus the greatest outside height (also referred to as Linear Dimension)

Medical Certificate ……………A letter or form from the Passenger’s treating physician or hospital (where applicable) which must be signed and dated within one week of the first affected flight departure in the country where the illness or treatment arose and which certifies the nature of the Passenger’s illness and treatment and also stipulates that they are approved to fly

Military Agencies ……………..The Departments of the U.S.A. Army, Navy, Air Force, Marine Corps, Coast Guard; the respective academies of the Army, Navy, Air Force, Coast Guard, and National Guard. The Reserve Officer Training Corps is not included

Military Passenger…………….Military personnel of the Military Agencies who are on active-duty status or who have been honorably discharged or retired from active military service

Nonstop Flight ………………….Any flight that goes between two points and makes no intermediary stops

No Show ………………………….A customer that has failed to notify the Carrier of their inability to board the ticketed/booked flight within 1 hour of departure, except for flight numbers 3000-3999 where the time is 15 minutes prior

Non-Revenue …………………..A person traveling on a fee-waived basis on Carrier or utilizing a service offered by Carrier that is not paying the normal published fare

Normal Fare …………………….A fare established for a normal, regular, or usual service

One-Way Trip …………………..Travel from one point to another on Carrier’s scheduled air service assigned for travel between the two points

Online transportation ……….Carriage solely over the services of a single air carrier

Open-Jaw Trip ………………….Travel which is essentially a round trip by nature but an outward point of departure and an inward point of arrival and/or an outward point of arrival and inward point of departure are not the same

Operating Carrier ……………..The administrating (operating) carrier of a codeshare flight

Origin………………………………The initial starting place of the journey

Other Charges ………………….Charges such as taxes, fees, etc., that are not to be shown in the fare construction box of the ticket, excluding baggage charges that are not included in the fare

Oversold Flight …………………A flight where there are more Passengers holding valid confirmed tickets that check in for the flight within the prescribed check-in time than there are available seats.

Passenger ………………………..Any person (excluding members of the crew) holding a confirmed reservation to be carried in an aircraft with the consent of the carrier

Passenger Coupon ……………That portion of the ticket constituting the Passenger’s written evidence of the Contract of Carriage

Passenger Ticket……………….The document issued by the Carrier or an authorized travel agent that provides for the carriage of the passenger occupying a single seat

Qualified Individual with

A Disability…………………….Any individual who has a physical or mental impairment that, on a permanent or temporary basis, substantially limits one or more major life activities, has a record of such impairment, or is regarded as having such impairment. The phrases used in this definition are further defined in United States 14 CFR Part 382.3.

Rebooking ……………………….A change in date/time of reservation or other change that may or may not require ticket reissuance

Reroute …………………………..A change of routing, carriers, fares, class of service, flight, or date from that originally provided on the ticket (does not apply to open tickets)

Roundtrip ………………………..Travel from one point to another and return to the first point on Carrier’s scheduled air service assigned for travel between the two points

Scheduled Air Service ……….Any flight scheduled in the current edition of the Official Airline Guide (OAG), Carrier’s published schedule, Carrier’s Internet site, or the computer reservation system used by Carrier

Sector or Segment ……………The portion of a journey covered by a single Flight Coupon

Service Animal …………………Any certified guide dog or signal dog trained to provide necessary assistance to a qualified individual with a disability

Special Fare ……………………..A fare other than a normal fare

Standby …………………………..A passenger who does not initially have a confirmed seat for a specific flight; confirmation is predicated on an actual seat being available to occupy once all confirmed passengers have checked in for that flight

Stopover ………………………….A deliberate interruption of a journey by the passenger, agreed to in advance by the Carrier, at a point between the place of departure and the place of destination.

Surface Sector ………………….Transportation by other than air between two intermediate points in a Fare Component

Ticket ………………………………A document or electronic record that confirms an individual is entitled to a seat on a flight on an aircraft. The ticket (printed or in electronic form) is required to obtain a boarding pass during check-in at the airport

Unaccompanied Minor ……..A child who is traveling alone (with no adult or parent or legal guardian).

Voucher …………………………..A coupon (either printed or in electronic form) storing a saved or prepaid value with varying parameters including exclusions to routes, dates, and customers.

Warsaw Convention ………….The Convention for the Unification of Certain Rules relating to International Carriage by Air, signed at Warsaw, October 12, 1929, or where applicable, that Convention, as amended, including without limitation, by the Protocol signed at The Hague on September 28, 1955

1. Application of Terms and Conditions

The terms and conditions contained in this Contract of Carriage shall govern the application of all fares, rates, and charges published by Carrier and will apply only to Carrier’s routes and services. No agent, servant, or representative of Carrier has the authority to change or waive any provision of this Contract of Carriage unless authorized by a corporate officer of Carrier.

2. Applicable Law

These terms of transportation shall be interpreted and enforced in any court of competent jurisdiction, including a court within the jurisdiction of the passenger’s residence in the United States (provided that Carrier does business in that jurisdiction).

3. Customer Commitment

Carrier has established a program setting standards for service levels in the areas of fares, flight information, baggage, ticket purchase, and refund, customers with special needs, onboard delays, oversales, codeshare partners, and complaint resolution. These commitments are incorporated into the applicable sections within this document:

1. Offer the lowest fare for which the customer is eligible
2. Provide customers with accurate, timely information on flight delays, cancellations, or diversions
3. Provide on-time baggage delivery
4. Provide prompt ticket refunds where applicable
5. Properly accommodate passengers with disabilities and other special needs
6. Meeting the needs of and improving the handling of our customers during long onboard and gate delays
7. Clearly disclose policies for customers with special needs
8. Provide basic information and policies about Oversold flights, travel itineraries, cancellation policies, frequent flyer program Rules, and aircraft configurations (when and where applicable)
9. Respond promptly to complaints or requests for information
10. Identify services provided by Carrier to minimize inconvenience resulting from cancellations and misconnections

4. Reservation Confirmation, Check-In, Fares, Groups

1. Confirmation
   1. When confirming a reservation, a valid email address and phone number (preferably a mobile number) are required and must be given to the Call Center agent or included in any online reservation in the event Carrier must contact the passenger prior to the flight.
2. Check-In
   1. You need to make allowances for traffic delays and, if applicable, for clearing any TSA checkpoints. Due to federal security screening measures in place at airports, passenger and baggage processing time may differ from airport to airport, and become extended during holidays and peak travel times. It is the passenger’s responsibility to arrive at the airport with enough time to complete any security screening process and to comply with these minimum check-in time limits. If running late, it is suggested that passengers contact the Call Center with any delay advisories. However, Carrier will not delay any flight due to the late arrival of any passenger under any circumstances.
   2. Flights Within the Contiguous United States Ticketed Passengers should arrive at your designated airport no less than 60 (sixty) minutes prior to scheduled departure time. Ticket counters close 45 minutes prior to departure. Failure to check in at the gate 30 minutes before scheduled flight will result in the loss of their ticket. If a ticketed Passenger arrives at a ticket counter and no agent is available, the Passenger should call the Customer Service Center at (800) 329-0485 (Southern Airways), (866) 260-7070 (Mokulele), or (800) 365 6179 (flights 3000-3999) for assistance.
   3. Flights within Hawaii Ticketed Passengers should arrive at your designated airport no less than 45 (forty-five) departure. Failure to check in at the ticket counter 30 minutes before scheduled flight will result in the loss of their ticket.
   4. Passengers should be at their respective boarding area/gate at least 30 minutes prior to their scheduled departure time. This means that Passengers should have paid for any tickets, checked in baggage (if any), and received a boarding pass (if applicable). Boarding will commence within 30 minutes prior to the scheduled departure time. Failure to check in before the commencement of boarding will result in a cancellation of the reservation; should that occur, the ticket will have no value.
   5. Guests not boarded within 10 minutes prior to departure will be considered a No-Show. At that point, Carrier has the right to cancel all reservations held by such Passenger on Carrier’s flights or any other carrier for continuing (downline connection) or return space, provided Carrier or an authorized agent of Carrier originally reserved that space. The ticket value may be forfeited at that time as well.
3. Application of Fares
   1. General Transportation is subject to the fares and charges in effect on the date on which such ticket was issued. If a ticket has been issued before an increase in the fare becomes effective, it shall be honored for transportation between the points, and at the class of service for which it was purchased. Fares are published in Carrier’s reservations system and may be obtained from Carrier’s Internet sites or through an authorized travel agent. Some travel agencies, however, may impose an additional charge for this service which is separate from the Carrier’s ticketed price. All published fares and charges are stated in U.S. Dollars. No Stopovers are permitted on published fares, except upon a combination of local fares.
   2. A reservation for space on a given flight is valid when the availability and allocation of such space is confirmed by the Carrier or an authorized agent of the Carrier. Subject to payment or other satisfactory credit arrangements, a validated Ticket will be issued by the Carrier or the authorized agent of the Carrier indicating confirmed space, provided the Passenger completes the purchase for such Ticket at least 30 minutes before the scheduled departure time of the applicable flight. Such reservation of space is subject to cancellation by the Carrier without notice if the Passenger does not comply with this rule. All tickets purchased are considered to be nonrefundable and nontransferable unless explicitly stated in the fare rules.
   3. Exceptions
      1. If the Passenger agrees to apply to Carrier or an authorized agent of Carrier for a validated Ticket indicating such confirmed reserved space by a specific time before the scheduled departure time of the applicable flight, such earlier time limit will be entered into Carriers’ reservation system and the reservation will then be subject to cancellation by Carrier without notice if the Passenger does not apply to Carrier or its authorized agent for a validated Ticket indicating the confirmed reserved space before the agreed specific time in advance of the scheduled departure of the applicable flight.
      2. Where other Rules, including fare Rules, provide for the issuance, validation, or purchase of a ticket within specific time limits, these specific time limits will apply.
   4. Once a Passenger obtains a Ticket indicating confirmed reserved space for a specific flight and date either from Carrier or its authorized agent, the reservation is not confirmed until the balance of the Ticket is at “zero,” meaning all fares, taxes, and fees have been paid in full.
   5. When a person calls Carriers’ Call Center, Carrier will offer such person the lowest published fare available through such Call Center for which the person is eligible given the dates, flights, and class of service requested. Carrier charges a $20 ($50 for Surf Air non-members flight numbers 3000-3999) per reservation fee for all reservations booked via the Call Center. This fee is nonrefundable.
   6. Carrier will disclose at the time a reservation is made and prior to the actual Ticket purchase, any available information regarding a change of aircraft that has the same flight number (change of gauge and/or connecting flight information).
   7. Upon request, Carrier will disclose general information regarding aircraft configuration, for the aircraft type on which the Passenger is booked. Variations may occur within an aircraft type.
   8. Carrier will make available through its website or otherwise, rules, restrictions, and redemption opportunities of any frequent flyer/rewards program (should a program be available). In addition, all fares may not be eligible for credit in such program. Please verify the fare rules prior to purchase.
   9. Carrier does not guarantee the allocation of any particular seat in the aircraft, including advanced seat requests (seat assignments).
   10. Carrier may limit the number of Passengers carried at any fare level, and certain fares will not necessarily be available on all flights. The number of seats which Carrier shall make available on a given flight will be determined by Carrier.
   11. Waivers for Special Fare Restrictions
   12. The following situations may allow relaxed fare restrictions for emergency travel situations involving death, critical injury, or illness requiring hospitalization, including hospice care of an immediate family member provided proper documentation is made.
       1. Serious Illness Emergencies – the Passenger must provide Carrier with a written statement that provides the immediate family member’s name, relationship to the Passenger, the name and telephone number of the hospital/hospice, the doctor’s name, and a statement from the doctor that the immediate family member is actually hospitalized.
       2. Death Emergencies – Passenger must provide Carrier with a written statement that provides the name of the deceased immediate family member, the relationship of the deceased to the Passenger, the name, address, and telephone number of the funeral home, and if possible, a copy of the death certificate. Note: If the funeral home information is not available prior to departure, it may be provided at the time of the return flight. If the above required written documentation is not submitted to Carrier’s satisfaction, the Passenger must pay the applicable fare for transportation used. The Passenger may then submit a refund request accompanied by the appropriate documentation within the time allowed for refunds under Rule 23.
   13. Student and Child Fares: From time to time, Carrier may make available special promotions applicable to students attending an educational facility or school. These may range from discount fares to standby fares. Children do not automatically receive discounts when flying on Carrier unless a special fare is published.
   14. Specific fare rules may override the general terms of this Contract of Carriage.
   15. Pre-purchased non-fare related items are nonrefundable unless the passenger was unable to travel due to an oversell situation or a flight cancellation.
       1. Baggage Fees paid at the time of check-in, at a kiosk, or through an agent of Carrier, are nonrefundable unless the passenger is unable to travel due to an over-sale situation or a flight cancellation.
       2. Any tours, hotel accommodations, and car rentals available through Carrier’s website are sold with the premise that the Carrier is acting as a referring agent or booking agent and does not guarantee the service purchased. The vendors’ Terms of Contract override any terms set forth by Carrier.
   16. Erroneous Fares. Carrier will exercise reasonable efforts to ensure that all fares it publishes are accurate and available for sale, but Carrier reserves the right to correct any erroneously published fare that Carrier did not intend to offer for sale. In the event that an erroneous fare is inadvertently published for sale and a ticket is issued at the erroneous fare before it has been corrected, Carrier reserves the right to cancel the ticket purchase and refund all amounts paid by the purchaser, or the purchaser has the option to have the ticket reissued for the correct fare and pay for the difference.
   17. Internet-Only Fares. Carrier will, from time to time, offer fares that are limited to distribution through Carrier’s internet web portal. These fares typically offer transportation ONLY between the two points booked and may have restrictions related to changes, irregular operations, and baggage limitations. Each fare will be presented with the fare Rules under the specific column of availability.
   18. Personal Data. The Customer recognizes that personal data has been given to Carrier for the purposes of making a reservation for carriage, obtaining ancillary services, and making available such data to government agencies. For these purposes, the passenger authorizes Carrier to retain such data and to transmit it to its own offices, other carriers, or the providers of such services, in whatever country they may be located.
4. Group Reservations Customers may inquire about a group when traveling with 10 or more passengers on the same itinerary. Please contact charters@iflysouthern.com, charters@mokuleleairlines.com, or sales@surfair.com for charter flights.

5. Tickets and Ticket Validity

Carrier is a paperless ticket airline. Reference(s) to a ‘ticket’ can also include an electronic document that may reside solely in the Carrier’s reservation system.

1. Ticket Issue Date. The date when payment is made by credit card, or the ticket invoice date established when payment is made by other acceptable forms of payment will constitute the date a Ticket is “issued” in determining the validity period under this Rule.
2. When more than one ticket must be issued to properly reflect all of the information required for a complete flight itinerary, the individual tickets will be cross-referenced by their ticket numbers and will be considered to be a single ticket or “Conjunction Ticket.”
3. Carrier will not be obligated to carry any Passenger until the Passenger has paid the applicable fare or has complied with credit arrangements established by Carrier. Only at that time will a ticket be issued.
4. No person will be entitled to transportation except upon presentation of a valid ticket.
5. A ticket which has not been validated or which has been altered, mutilated, or improperly issued, is not valid.
6. Flight coupons will be honored only in the order in which they were intended to be used.
7. Carrier’s tickets are nontransferable unless otherwise stated on the Ticket at the time it was issued. Carrier is not liable nor responsible for honoring or refunding the ticket when presented by a person not named on the ticket. As used herein, “unauthorized person” means any person other than the person to whom the ticket is issued and who is entitled to be transported or a refund in accordance with the Rules in this Contract of Carriage. If a ticket is in fact used by an unauthorized person with or without the knowledge or consent of the person to whom the ticket was issued, Carrier will not be liable for the destruction, damage, or delay of such unauthorized person’s baggage or other personal property, or for the death or injury of such unauthorized person arising from or in connection with such unauthorized use.
8. A ticket will be valid only for flight(s) for which reservation(s) have been made and only between the points named on the ticket or applicable Flight Coupons. A passenger holding an unused open dated ticket or portion thereof, or an Exchanged ticket for onward travel, or who wishes to change a ticketed reservation to another date, shall not be entitled to any preferential right with respect to the obtaining of reservations.
9. Prohibited Practices
   1. Fares apply for travel only between the points for which they are published. Tickets may not be purchased and used within fare(s) from an initial departure point on the ticket which is before the Passenger’s actual point of origin of travel, or to a more distant point(s) than the Passenger’s actual destination being traveled even when the purchase and use of such tickets would produce a lower fare. This practice is known as “Hidden Cities Ticketing” or “Point Beyond Ticketing” and is prohibited by Carrier.
   2. The purchase and use of roundtrip tickets for the purpose of one-way travel only, known as “Throwaway Ticketing,” is prohibited by Carrier.
   3. The use of Flight Coupons from two or more different Tickets issued at round trip fares for the purpose of circumventing applicable tariff Rules (such as advance purchase/minimum stay requirements) commonly referred to as “Back-to-Back Ticketing” is prohibited by Carrier.
10. Carrier’ Remedies for Violation(s) of Rules. Where a Ticket is purchased and used in violation of the Contract of Carriage or any fare rule (including Hidden Cities Ticketing, Point Beyond Ticketing, Throwaway Ticketing, or Back-to-Back Ticketing), Carrier has the right in its sole discretion to take all actions permitted by law, including but not limited to any or all of the following:
    1. Invalidate the Ticket(s)
    2. Cancel any remaining portion of the Passenger’s itinerary
    3. Confiscate any unused Flight Coupons
    4. Refuse to board the Passenger and to carry the Passenger’s baggage, unless the difference between the fare paid and the fare for transportation used is collected prior to boarding.
    5. Assess the Passenger for the actual value of the ticket which shall be the difference between the lowest fare applicable to the Passenger’s actual itinerary and the fare actually paid.
    6. Terminate the Passenger’s participation in Carrier’s frequent flyer program with the loss of any accumulated points or miles.
    7. Take legal action with respect to the Passenger.
11. Period of Validity. Except as otherwise provided in this Rule or required by the applicable local law of a foreign jurisdiction, any eligible ticket issued by Carrier or its authorized agent on Carrier’s ticket stock will be valid for transportation for one year from the date on which transportation commences at the point of origin as designated on the original ticket, or, if no portion of the ticket is used, one year from the date of issuance of the original ticket. When a ticket includes an excursion or special fare having a shorter period of validity than one year, the shorter period of validity will apply only to the excursion or special fare transportation. When a fare limits the carriage to specific periods of the day, week, month, or year, the ticket is valid for the specified periods only. When fares are combined to create Round/Circle/Open-Jaw Trips, the most restrictive provisions will apply to the entire transportation.
12. Failure to cancel a ticketed reservation before departure will result in loss of confirmed space and the ticket will lose all value. No rebooking is permitted.
13. Extension of Validity Period
    1. If the Passenger is prevented from using the ticket, or a portion thereof during the period of validity specified in this Rule due to a Carrier flight cancellation or because Carrier is unable to provide space on the flight, Carrier will, without additional collection of fare, extend the ticket validity period of such passenger’s ticket to the first flight of Carrier on which space is available in the class of service for which the fare has been paid.
    2. If the Passenger is unable to commence or continue his/her travel due to his/her personal illness or physical incapacity, or the illness, death, or physical incapacity of a member of his/her immediate family, or of an associate with whom he/she is traveling, Carrier will extend the period of validity beyond the original limit but not to exceed thirty (30) days.

6. Cancellation of Reservations, Credits, Refunds

Carrier is not liable for any consequential, compensatory, or other damages when it cancels reservations of any Passenger in accordance with this Rule. Cancellations, changes, and requests for credit or refund must be made by calling Carrier’s Call Center at (800) 329-0485 (Southern Airways), (866) 260-7070 (Mokulele), or Member Services at (800) 365-6179 (flights 3000-3999), open 24 hours a day. No cancellations or requests for credit will be accepted by email or phone message.

1. Voluntary Cancellation When a ticket holder requests to cancel their reservation that is booked through the Carrier’s Call Center, web portal, or other means, that is considered a Voluntary Cancellation. Pursuant to Federal regulations:
   1. If ticket(s) issued by Carrier is canceled within 24 hours of purchase and travel commences one week or more, a refund will be given in full to the original form of payment.
   2. If ticket(s) issued by Carrier is canceled within 24 hours of purchase and travel commences in less than one week, a travel credit in the name of the original Passenger will be given good for one year from the date of original ticket issuance.
   3. If ticket(s) issued by Carrier is canceled beyond 24 hours of purchase, a travel credit in the name of the original Passenger will be given for the unused portion of the ticket, less a USD $25.00 administrative fee per person, per ticket (for flight numbers 3000-3999, specific cancellation policies apply to Voucher and All-You-Can-Fly products).
   4. A reservation that is booked through an accredited travel agency and is ticketed through their reservation system and transacted through Airlines Reporting Corporation (ARC) in the United States or through the International Air Transport Association Billing and Settlement Plan (IATA BSP) can request that their ticket transaction be voided up to 24 hours after the original ticket was issued, provided travel booked on that ticket has not commenced and it is a fully unused ticket.
2. Involuntary Cancellation Carrier has the right to cancel reservations of any Passenger whenever such action is necessary to comply with any governmental regulation, upon any governmental request for emergency transportation in connection with the national defense, or whenever such action is necessary or advisable by reason of weather or other conditions beyond Carriers’ control, including Force Majeure events. In such an event, and at the request of a passenger confirmed on such a flight, Carrier will issue a travel credit in the name of the original Passenger for the amount of their ticket that can be ticket was originally purchased. Baggage Fees paid at the time of check-in, at a kiosk, or through an agent of Carrier, will also be credited. If the flight cancellation is due to Carrier’s own accord, such as a mechanical delay, Carrier will, at the request of a passenger confirmed on such flight, refund the price of their ticket (or remaining unused portion thereof) back to the original form of payment. In the case of a travel agency-issued ticket, any refund must be initiated by the travel agency who booked the original ticket. They must contact Carrier for a waiver code that authorizes the refund process. Carrier has the right to cancel reservations due to the Passenger’s failure to comply with the Rules set forth herein, including but not limited to, the Passenger’s failure to pay for the applicable Ticket under the conditions applicable to the fare for such travel.
3. Forfeiture / No-Show A passenger who fails to check in for a flight 30 minutes before its scheduled departure and fails to notify the Call Center (not the ticket counter) is automatically considered a No-Show passenger. This results in the forfeiture of their ticket.
   1. Extenuating Circumstances If the passenger can demonstrate that their No-Show was due to an extenuating circumstance beyond their control and contacts the Call Center within two (2) hours of their scheduled departure, they may be placed on the Carrier’s next available flight to the same destination subject to availability. If the next available flight isn’t available until the next day(s), the Carrier is not responsible for any costs incurred, such as any overnight stay, meals, or personal necessities. Also, service charges and any fare differential may apply.

7. Credits – Vouchers and Electronic Miscellaneous Document (EMD)

Carrier has the capability to issue a credit towards future travel or ancillary services. This credit can be a voucher in the form of a letter or email, or an Electronic Miscellaneous Document (EMD) with corresponding information on how to access that credit sent to the passenger via email once issued. This credit will have an expiration date and terms that outline how the credit may be used and who may use the credit.

1. Credit for flight numbers outside of the 3000-3999 range may not be used for flights 3000-3999. Similarly, credits and vouchers for flights 3000-3999 may not be used on other flights.
2. Credit for flights outside of the 3000-3999 range may be transferred to other persons unless otherwise noted. Credits for flights 3000-3999 are non-transferrable.
3. Credit for flights outside of the 3000-3999 range is valid for one year from the date of issue unless otherwise noted; however, credit for flights 3000-3999 is valid for ninety days from the date of issue unless otherwise noted.
4. Reservations paid using such credit must be utilized prior to the expiration of the credit. In addition, travel must be completed prior to the expiration date of the credit unless otherwise noted.
5. Credit may be issued at Carrier’s discretion to accommodate customer refunds, changes, goodwill, marketing, and prepaid programs.
6. Vouchers for flights outside of the 3000-3999 range may consist of a six-character reference code and a six-character PIN or may consist of a 13-digit EMD number. Vouchers for flights 3000-3999 have six-digit IDs.
7. Carrier will provide the customer with the details of the credit (Voucher and PIN or EMD) and is not responsible for lost, forgotten, or missing credit information.
8. Credits may not include taxes or any additional services outside those given to standard ticket holders.
9. Changes to reservations using such credit must abide by all fare rules regarding changes, cancellations, and baggage limitations.
10. Credits may contain special rules that supersede normal fare rules or reservation rules.
11. Credits may not have their expiration date extended.
12. Reservations completed using an EMD credit or Surf Air credit that has a residual balance will be issued a new EMD for the balance; Vouchers must be used as-is and no residual balance is allowed.

8. Returned Check Acceptance

Carrier does not accept personal checks. Carrier will, under certain circumstances, allow for payment with a company check, certified check, money order, or money transfer. Carrier will collect USD $50.00 for each returned business check or for any stop payments to any check. This fee is non-refundable and is not subject to any discount. Reservations paid by a returned check will be canceled unless a new form of payment plus any returned check fees are paid within 24 hours of notice of the returned check.

9. Acceptance of Children (Accompanied, Unaccompanied, Unaccompanied Assistance)

1. Accompanied Children All children through the age of 17 will be considered “accompanied” when traveling with at least one parent or guardian on the same flight(s) and who is at least 18 years of age or older. They will not be required to have a government-issued ID at the time of travel; however, once they turn 18, they will now be required to have a government-issued ID to fly. Ages are based on the time of travel. If any child is booked either on our website or through the Call Center with an invalid birthdate, Carrier will assess a $100.00 fee for providing false information. Continued failure to provide correct information may result in the passenger and/or child being temporarily or permanently banned from flying on Carrier. References to an approved infant/child seat (or car seat) must have the original National Highway Traffic Safety Administration (NHTSA) label and be properly secured to the aircraft seat at all times.
   1. Children 2 Years Of Age and Older
      1. Must have their own ticket and confirmed seat
      2. Must sit in their assigned seat during take-off and landing. An approved (must have the original National Highway Traffic Safety Administration (NHTSA) label and be properly secured to the aircraft seat at all times) infant/child seat may be used to assist in keeping the child upright.
   2. Lap Child A child under the age of 2 years will be considered a “Lap Child” and is free of charge provided:
      1. They are listed as a passenger in the adult’s reservation.
      2. They do not occupy a seat.
      3. They are carried in a parent’s or guardian’s lap during the entire flight (note only one lap child is allowed per adult).
      4. Carrier reserves the right to require a birth certificate (copy) as proof of age for all lap children, otherwise, the applicable fare will be charged. Arrangements for a lap child must be made directly with the Carrier’s Call Center.
      5. If a single adult is traveling with an additional child under the age of two years, the 2nd child must be placed in an approved (must have the original National Highway Traffic Safety Administration (NHTSA) label and be properly secured to the aircraft seat at all times) infant/child seat and be ticketed at the applicable fare in compliance with U.S. Federal Aviation Administration regulations. A maximum of 2 infants is permitted for each adult.
      6. Carrier will not accept infants in incubation.
   3. Infants Southern and flights 3000-3999 Southern will not provide transportation to any infant under fifteen (15) days of age unless an attending physician approves such infant for air travel in writing. On pressurized aircraft, there is a strict limit of one Lap Child due to the number of supplemental oxygen masks. Mokulele Mokulele will not provide transportation to any infant under seven (7) days of age unless an attending physician approves such infant for air travel in writing.
2. Unaccompanied Minors All reservations for Unaccompanied Minors must be made through our Call Center (800) 329-0485 (Southern Airways), (866) 260-7070 (Mokulele), or (800) 365 6179 (flights 3000-3999). Unaccompanied minors booked online, through a travel agent or a third-party agent with a false birth date will not be allowed to board their flight(s) until the reservation has been verified and updated, and will incur a $100.00 fee for providing false information. If the flight is ready to depart during the time the Unaccompanied Minor verification is being processed, the flight will not be delayed and the Unaccompanied Minor will need to be booked on the next available and allowable flight. Carrier assumes no responsibilities for Unaccompanied Minors beyond those applicable to adult passengers. The official list of accepted government-issued IDs can be found at https://www.tsa.gov/travel/security-screening/identification.
   1. Southern Airways
      1. A child under 15 years of age traveling by themselves is not allowed.
      2. Children Aged 15 through 17 Years of Age:
      3. A $35 Unaccompanied Minor booking fee will be assessed (no Call Center booking fee)
      4. They may be required to present a valid photo ID.
      5. Not allowed to take any flight that makes any intermediary stops to the final destination.
      6. Allowed to take any flight except the last departure for the day to the final destination.
      7. Not allowed to be transferred to any other carrier (interlining).
      8. All travel must be completed before 5:00 P.M. ET.
      9. The parent or responsible adult who brings an unaccompanied child to the departure airport will be required to obtain a Gate Pass at the ticket counter and remain at the departure gate until the flight is airborne.
      10. The parent or responsible adult must furnish Southern evidence (in duplicate which must be in the child’s possession) that the Unaccompanied Minor will be met by another parent or responsible adult upon deplaning at his or her destination.
      11. The person meeting the Unaccompanied Minor at his or her destination may be required to present positive identification and sign a release on a form designated by Southern.
      12. Unaccompanied minors must have in their possession two signed copies of Southern’s Unaccompanied Minor Travel Form (emailed to parent or guardian for completion) for each flight segment taken.
   2. Mokulele Airlines: There is no Call Center booking fee. Because of additional paperwork and ID verification, we ask that unaccompanied children be checked in no later than 45 minutes for all flights. Unaccompanied Minors are not allowed to be transferred to any other carrier (interlining).
      1. Children Under 5 Years Of Age:
         1. Not allowed if the child is under 5 years of age and traveling by themselves.
      2. Children Aged 5 Through 15 Years Of Age:
         1. An Unaccompanied Minor Authorization For Carriage form must be filled out at the airport counter by the adult dropping off the child (the adult must have a valid Government-issued ID).
         2. Child must have present an original Birth Certificate or other current Government-issued ID at the time of check-in.
         3. Allowed to take any flight except the last departure for the day to the final destination.
         4. Not allowed to take any flight that makes an intermediary stop to the final destination.
         5. Adult dropping off the Minor must remain at the departure gate until the flight has officially departed.
         6. The only authorized person allowed to pick up the Minor at the arrival station is the adult listed on the Unaccompanied Minor Authorization For Carriage form; they must also have a valid Government-issued ID to present at the time of pick-up.
      3. Children 16 And 17 Years Of Age:
         1. Must present a current Government-issued ID at the time of check-in.
         2. Allowed to take any flight except the last departure for the day to the final destination.
         3. There are no restrictions as to who can pick them up.
      4. Children 16 And 17 Years Of Age With A Child Aged 5 Through 15 Years Of Age:
         1. All children under 16 must present an original Birth Certificate or other current Government-issued ID at the time of check-in; children aged 16 and 17 must present a current Government-issued ID at the time of check-in.
         2. An older child 16 to 17 years of age can be responsible for only one younger child 5 to 15 years old.
         3. Allowed to take any flight except the last departure for the day to the final destination.
         4. Not allowed to take any flight that makes an intermediary stop to the final destination.
         5. Adult dropping off the Minors must remain at the departure gate until the flight has officially departed.
         6. There are no restrictions as to who can pick them up.
   3. Flights 3000-3999 There is a $50 booking fee for each unaccompanied minor. This fee is waived for active Surf Air Members.
      1. Because of additional paperwork and ID verification, we ask that unaccompanied children be checked in no later than 30 minutes for all flights. Unaccompanied Minors are not allowed to be transferred to any other carrier (interlining).
         1. Children under 8 years of age:
            1. Not allowed if the child is under eight years of age and traveling by themselves.
         2. Children Aged 8 through 17 years of Age:
            1. An Unaccompanied Minor Authorization For Carriage form must be filled out and submitted to Member Services 24 hours prior to the departure time (the adult must have a valid Government-issued ID).
            2. The authorized drop-off adult must be present at the departing airport and stay until the flight departs.
            3. Child must have present an original Birth Certificate or other current Government-issued ID at the time of check-in.
            4. Not allowed to take any flight that makes an intermediary stop to the final destination.
            5. Adult dropping off the Minor must remain at the departure gate until the flight has officially departed.
            6. The only authorized person allowed to pick up the Minor at the arrival station is the adult listed on the “Unaccompanied Minor Authorization For Carriage” form; they must also have a valid Government-issued ID to present at the time of pick-up.
         3. Unaccompanied Assistance Service
            1. In the event a parent, guardian, or approved person who is to receive the child at the destination does not show up within 30 minutes of the arrival of their flight, Carrier has the right to charge a fee of $30.00 per hour per child for securing and safekeeping of the unaccompanied minor(s). Carrier will also seek repayment for basic meals during meal times if the minor is still in custody.
            2. If a parent, guardian, or approved person does not receive the child(ren) within 60 minutes of the scheduled arrival time of the flight, Carrier will call local law enforcement to relinquish custody of the child and will refuse future transportation to the unaccompanied minor(s).
            3. In the event of a flight cancellation, Carrier will contact a parent or guardian to advise of the situation and have them return to pick up the child(ren) if we cannot provide transportation to their scheduled final destination.
            4. In the event of a major flight delay of 2 hours or more, Carrier will contact a parent or guardian to advise of the situation and give them the option of picking up the child(ren) or allowing them to continue to their destination.

10. Customer of Size

Due to the structural limitations of our aircraft, we cannot accept a Customer of Size (COS) whose body weight exceeds 350 pounds. Seatbelts must fasten securely around the passenger. This is in compliance with the Federal U.S. DOT 14 CFR Part 382.31(d): carrier may refuse to provide transportation to any passenger on the basis of safety and may refuse to provide transportation to any passenger whose carriage would violate the Federal Aviation Regulations.

11. Passengers Requiring Boarding Assistance

It is Carrier’s policy to provide equal opportunity for all would-be travelers. Accordingly, we will not refuse to provide transportation to a disabled individual who may be transported in accordance with the company’s FAA-approved operating procedures based on his or her disability, provided that he or she is able to ascend and descend stairs without the use of a lift device.

Carrier may refuse to provide transportation to any customer whose carriage may impair the safety of the flight in accordance with the provisions of this contract and may refuse to provide transportation to any customer whose carriage would violate federal regulations (including FAA and TSA regulations) or the Company’s FAA-issued operating manuals. In exercising this authority, however, Carrier personnel will not discriminate against any disabled individual solely on the basis of the disability.

For your safety, to travel in our aircraft, customers must be able to ascend and descend several steps to board the aircraft without the use of a lift device. Our aircraft hold 28 or fewer passengers and therefore, are not required to provide enplaning or deplaning lift devices. Please refer to the Air Carrier Access Act, section 382.97 for more details.

Carrier does not accept Personal Human Transporters (defined as a 2-wheeled battery-powered personal transportation device) on our flights.

Customers who, because of age, mental or physical condition, disability, or impairment that requires individual attention or consideration to enplane or deplane an aircraft or to manage oneself during the flight in normal operations or emergency conditions, will be afforded a reasonable amount of assistance by Carrier’s employees. This assistance will be in a dignified, safe, professional, and courteous manner at all times. Carrier will consult with the customer about any assistance and special plans arranged on the customer’s behalf. Carrier will extend this assistance to all qualified individuals with a disability as this legal term is more broadly defined to protect all those who may otherwise suffer from discriminatory practices. We do, however, ask that if any assistance is needed, that it be communicated at the time the reservation is made, or if the reservation is made online, that you contact our Call Center so they can document your reservation and our staff can be prepared for your arrival at the airport.

1. Carrier’s policies and procedures comply with the U.S. Department of Transportation regulation “Nondiscrimination on the Basis of Disability in Air Travel” (14 CFR Part 382).
   1. Definition of Non-Ambulatory (under this Rule):
      1. Persons who are unable to move or need the support of another person to walk or move, not capable of caring for themselves without assistance throughout the flight are considered non-ambulatory.
      2. Non-Ambulatory passengers will not be permitted to board our aircraft that carry 9 or fewer passengers due to the nature of the aircraft and the absence of a flight attendant to offer any onboard assistance.
      3. If a Passenger uses a wheelchair for convenience, the Passenger is not considered to be non-ambulatory.
      4. If the Passenger can move himself/herself from his/her seat to the nearest emergency exit without the aid of another person, the Passenger is not considered to be non-ambulatory, regardless of the degree of impairment.
2. One wheelchair per Passenger will be carried at no charge as Checked Baggage if it meets sizing requirements. A second wheelchair is subject to standard Baggage Fees and charges.
3. The wheelchair will be carried in the cargo compartment of the aircraft.

12. Medical Devices Allowed Onboard Aircraft

1. Medical Transport Services
   1. Carrier does not provide transportation to passengers who must travel in/on a stretcher or infants who must travel in incubators or Infant Transport Systems.
   2. Oxygen Service Oxygen is not available on Carrier due to aircraft limitations and US Federal Aviation Regulations.
   3. Customer provided Portable Oxygen Concentrator (POC) Portable Oxygen Concentrators (POCs) approved by the Federal Aviation Administration (FAA) may be carried and used onboard flights operated by Carrier at no charge, in accordance with specific FAA requirements. Please see https://www.faa.gov/about/initiatives/cabin_safety/portable_oxygen/ for additional information and specifications.
      1. Passengers using POCs must be seated in a row other than an emergency exit.
      2. Customer is solely responsible for advising Carrier as soon as reservations are confirmed, regardless of whether the reservations were made through a travel agent, on the internet, or directly with Carrier in order to confirm specific requirements and to provide the airline with the required information.
      3. Must have a signed written doctor’s statement that
         1. States the user of the POC has the physical and cognitive ability to see, hear, and understand the device’s aural and visual cautions and warnings and is able, without assistance, to take appropriate action in response to those cautions and warnings.
         2. States whether or not oxygen use is medically necessary for all or a portion of the flight(s) listed on the customer’s itinerary.
         3. Specifies the maximum oxygen flow rate in liters per minute corresponding to the pressure in the cabin of the aircraft under normal operating conditions.
         4. Will be reviewed at the airport prior to boarding and must be kept by the customer and provided upon request by Carrier personnel at any time during travel.
         5. Must ensure that he/she has ample power to run the POC for the duration of his/her flight plus one (1) additional hour to allow for unanticipated delays and any ground connection time where the POC is planned to be used (Carrier does not have electrical power available for customer use on its aircraft).
      4. Failure to meet the requirements will result in denied use of the POC during travel.
      5. When connecting to or from any codeshare flight or any interline flight, Customer is responsible for notifying and making independent arrangements directly with the other airline (current FAA authorization enables but does not require airlines to accept POCs and some airlines may not accept them or may require a fee).
      6. POCs are assistive devices for customers with disabilities. As such, they do not count toward carry-on or checked baggage limits, whether or not they are used onboard. They must be able to fit at the passenger’s feet or in their lap.
      7. Carrier is not liable for POC equipment failures, failure of the batteries that power the POC, or any other losses or damages alleged by the customer or any other person arising out of the use or possession of the POC, unless caused by the gross negligence or willful misconduct of Carrier.

13. Pets In Cabin, General Conditions, Service Animals, Animals In General

For definition purposes:

• A pet is a domesticated dog or cat.
• A Service Animal is a trained dog.
• An animal is anything except a domesticated dog or cat.

1. Pets In Cabin
   1. Pets and Service Animals are confirmed to be on a flight with the owner/traveler. There is a limit to the number of pets allowed on any flight, thus the need for you to give us advance notice by speaking with one of our agents at our Call Center at (800) 329-0485 (Southern Airways), (866) 260-7070 (Mokulele), or (888) 704-2582 (flights 3000-3999) at least 48 hours before your flight or when making your initial reservation; we need to make sure that we do not go over the allocated pet limit on your specific flight(s).
   2. Neither owner nor pet may occupy the last row behind the boarding door, and emergency exit seats, or in any way block access to any emergency exit doors of the aircraft.
   3. Pets without prior reservation/authorization will only be boarded in accordance with all other rules and terms herein.
   4. Pets, regardless of size, must be in an approved airline pet carrier/kennel and remain in their carrier or kennel once boarded and throughout the flight at all times, except for flight numbers 3000-3999.
   5. The pet cannot interfere with the operation of the passenger’s seat belt.
   6. The pet cannot impede exiting the aircraft in the event of an emergency.
   7. The passenger assumes full responsibility for the safety, well-being, and conduct of its pet, including the interaction of the pet with other passengers who may come in contact with the pet while onboard the aircraft, and for compliance with all governmental requirements, regulations, or restrictions, including entry permits and required health certificates from the state(s) to which the pet is being transported within.
   8. Ticketed passengers showing up with pets at the counter who have not made previous arrangements will be assessed a $100.00 fee for failing to advise of the pet at the time of making their reservation.
   9. A Service Animal will always have priority over a pet.
   10. Small pets must be able to fit on the floor at the passenger’s feet (always during takeoffs and landings), or comfortably on the passenger’s lap without spilling onto the aisle; the maximum combined weight of any pet at the passenger’s seat is 25 lbs.
   11. Pets must be at least 8 weeks old and weaned
   12. Carrier accepts most breeds of dogs and cats for flight; however, we reserve the right to deny boarding to any breed we deem unsafe or not fit to fly. The Pilot In Command makes the final decision.
   13. The pet must remain with and under the control of the traveler and must be well-behaved.
   14. The pet must be harmless, inoffensive, clean (free of fleas, ticks, or any biting insects), well-groomed, and without any offensive odor(s), and require no attention during transit.
   15. The pet and owner cannot display any disruptive, unruly, and/or aggressive behavior at any time before and during boarding, and especially during the flight. The pet must not pose a threat (including a perceived notion) to the safety or health of the other passengers traveling. In the event the pet and/or owner becomes offensive or causes a disturbance, they may be denied boarding by the Pilot In Command, First Officer, and/or Customer Service Agent, or if during transit, may be refused further transport upon arriving at the next stop.
   16. Muzzled, pregnant, injured, or sick pets will not be accepted.
   17. Carrier reserves the right to levy any fees to the traveler/owner if there are any damages or cleaning required to the aircraft related to the transportation of the pet; a minimum charge of $50.00 will be assessed.
   18. Carrier will not be liable for illness or injury to a pet or death of a pet when the pet has been handled by Carrier with ordinary standards of safety and care or when Carrier has acted in the interests of the entire flight such as in an emergency or a Force Majeure event.
   19. The liability ceiling for Carrier shall not exceed USD $500.00 in the event of the death of a pet while within the confines of an aircraft if deemed the death was due to mishandling by Carrier.
   20. Carrier will not be liable for any loss or expense due to the passenger’s failure to comply with the provisions of this Rule.
   21. Carrier reserves the right to deny boarding of any pet if any conditions outlining these rules and restrictions are not met.
   22. As a general rule, Carrier will normally accept two pets per flight; however, the number of pets allowed on each flight will also be based on the size of the pets. Normally we allow 2 small (under 26 lb.) pets, or one small and one large (over 26 lb.) pets. We avoid having 2 large pets to prevent the possibility of them becoming unruly with each other during flight. Exceptions may be made depending on the size of the pets and also at the discretion of the Pilot In Command.
   23. Reservations for pets can only be made on Carrier’s flights only. Should you be making a reservation that includes flights on any other carrier, we do not transmit that information to them. You must contact them directly to make arrangements. We take no responsibility if the other carrier refuses to transport your pets.
2. General Conditions – Non-Service Animals The maximum size for any kennel/crate used to transport a pet is 40” l x 27” w x 30” h. This kennel will be positioned on a bench seat, except for flights 3000-3999 where the animal will be placed safely at the Passenger’s foot space outside the aisle way.
   1. Southern Flights
      1. There must be one person 16 years of age or older to accompany each carrier or kennel.
      2. Up to two pets with a combined weight of 25 lbs. or less and in the same carrier will be charged a $25.00 service fee for their entire trip.
      3. Pets from 26 lbs. up to a maximum of 40 lbs. will be charged a $75.00 service fee for each leg of their trip. A leg is determined to be the individual stop(s) made between the origin and final destination. For example, a nonstop flight from Pittsburgh to Lancaster is charged $75.00. A direct or connection flight such as Dallas/Ft. Worth to Memphis via Harrison would be assessed $150.00 (the leg from Dallas to Harrison is $75.00, and the leg from Harrison to Memphis is $75.00).
      4. There is a strict limit of two animals on each flight, acknowledging that small pets within one kennel counts as one animal.
      5. It is recommended that pets be given a mild sedative prescribed by the vet prior to flight.
   2. Mokulele Flights
      1. There must be one person 16 years of age or older to accompany each carrier or kennel.
      2. Up to two pets with a combined weight of 25 lbs. or less and in the same carrier will be charged a $25.00 service fee for their entire trip.
      3. Pets from 26 lbs. up to a maximum of 80 lbs. will be charged a $75.00 service fee for each leg of their trip. A leg is determined to be the individual stop(s) made between the origin and final destination. E.g., a nonstop flight from Honolulu to Kapalua is charged as $75.00. A direct or connection flight such as Honolulu to Kahului via Ho’olehua would be assessed $150.00 (the leg from Honolulu to Ho’olehua is $75.00, and the leg from Ho’olehua to Kahului is $75.00).
      4. Mokulele will allow an Unaccompanied Minor over the age of 15 to transport a pet provided they are not traveling with anyone younger than they are.
   3. Flights 3000-3999
      1. There must be one person 16 years of age or older to accompany each carrier or kennel.
      2. Up to two pets with a combined weight of 25 lbs. or less and in the same carrier will be charged a $50.00 service fee per flight. The carrier must be situated in the foot space outside of the aisle.
      3. Pets who cannot fit in the foots pace must occupy a seat, via purchased or complimentary flight reservation pass
      4. It is recommended that pets be given a mild sedative prescribed by the vet prior to flight.
3. Service Animals
   1. Carrier is PART 382-certified and falls under rules that state: Due to our certification and size of our aircraft, Carrier reserves the right to not allow Service Animals.
   2. Service Animals must be able to provide assistance to a qualified person with a disability. Carrier must also accept the credible verbal assurances of qualified disabled individuals using such animals.
   3. Service Animals are allowed when accompanying an individual who requires assistance with a disability.
   4. Neither owner nor Service Animal may occupy the last row behind the boarding door, an emergency exit seat, or in any way block access to any emergency exit doors of the aircraft.
   5. Service Animals are specifically trained to behave properly and in a non-disruptive manner in public settings, and a properly trained guide dog will remain at the feet of its owner. Any animal that engages in behavior that is disruptive or threatening has not been properly trained to behave as a Service Animal and will not be carried.
   6. Service Animals need to be called in and noted in the passenger’s reservation at least 48 hours prior to travel, or when initial travel reservations are made. We have a limit to the number of pets allowed on any given flight. To be fair with those traveling with pets, we need to have this information early on to make sure that we do not have more pets than are allowed. Call (800) 329-0485 (Southern Airways), (866) 260-7070 (Mokulele), or Member Services at (800) 365-6179 (flights 3000-3999) to verify the number of pets and to make accommodations.
   7. The U.S. Dept. of Transportation advises that, under the Air Carrier Access Act (ACAA), a Service Animal is an animal that is individually trained or able to assist a person with a disability; or an animal that assists persons with disabilities by providing emotional support.
   8. Carrier’s desire to safely accommodate everyone possible is our number one priority. We also abide by established rules of the ADA/U.S. Dept. of Justice. At times it may not be possible to accommodate all animals. With all things being equal, a passenger traveling with a Service Animal will be boarded ahead of a passenger traveling with a pet. At times, even with proper documentation, a Service Animal and its owner may not be allowed to fly due to the limitations of the aircraft.
   9. There is no fee for a Service Animal; however, should a Service Animal be of a size where it does not fit within the footprint of the seated owner, the Service Animal will be required to purchase space on flight(s), or they have the option to wait for the next available flight that has seats available.
   10. The U.S. Department of Transportation requires this Service Animal Air Transportation form to be provided when you check-in. It provides information on the animal (condition, training, behavior, etc., and also provides assurances that the animal will be harnessed, leashed, or
   11. caused by the animal while in flight. You must bring this completed form with you. (For Hawaii – you may skip the first item under Animal Health that refers to being vaccinated for rabies.)
   12. U.S. Department of Transportation Service Animal Air Transportation Form
4. Animals In General (Mokulele)
   1. Mokulele will allow the transport of certain animals other than domesticated dogs or cats. Animals must not be on the list of prohibited animals as outlined by the State of Hawaii Department of Agriculture (SoHDA). In addition, Carrier still reserves the right to prohibit transporting any animal(s).
   2. Here is a list of prohibited animals provided by the SoHDA (subject to change without notice): https://hdoa.hawaii.gov/pi/files/2012/12/AR-71P.pdf
   3. Animal(s) will be transported via the Wikiwiki Service. Wikiwiki items are transported on a space-available basis only. Animal(s) must be in leakproof containers/kennels/cages that will be able to contain the animal(s) safely and humanely. The size of the container cannot be larger than 30” w x 15” h x 60” l, and weigh no more than 70 lbs. including the animal, otherwise, it will not fit in the cargo area of the aircraft. In addition, that area has no lighting, is not temperature controlled, and is not pressurized. Aircraft can attain altitudes of 10,500 feet above sea level for periods of 15 to 30 minutes at a time. Please keep that in mind for the safety and well-being of any animal.
   4. Each individual animal (not container) will be charged a fee of $20.00 (subject to change) plus applicable Federal Tax currently at 6.25%. If there are 5 animals in one container, you will be charged $20.00 per animal ($100.00) plus applicable taxes.
   5. Customer will need to fill in and sign the “Customer Acknowledgment Form for Animal Transport” that releases Carrier from any liability for damages or death of any animal.
   6. Additional information can be found in the “Customer Acknowledgment Form for Animal Transport” and on our Wikiwiki website page (https://mokuleleairlines.com/wikiwiki/).

14. Ground Transfer Service

Carrier does not assume responsibility for the ground transportation of any passenger or his or her baggage between any airport used by Carrier and any other location. Ground transportation is at the passenger’s expense.

1. Southern Airways
   1. For passengers using Southern’s complimentary shuttle service at DFW Corporate Aviation, all passengers must ensure a minimum connecting time of at least ninety (90) minutes to other carriers based at any of the main DFW Airport terminals, and at least sixty (60) minutes if connecting from a carrier that is based at the main terminals to Southern Airways Express.
   2. Carrier does not provide any shuttle service to Love Field or other Dallas-area destinations beyond the main terminals at DFW Airport.

15. Travel Documents

Each Passenger desiring transportation across any international boundary is responsible for obtaining all necessary travel documents and for complying with the laws of each country flown from, through, or into which he/she desires transportation. The Passenger will pay or reimburse each carrier for any loss, damage, or expense suffered or incurred by such carrier by reason of such Passenger’s failure to do so. Carrier is not liable for any assistance or information provided by any agent/employee of Carrier to any

passenger relating to such documents or compliance with such laws or for the consequences to any passenger resulting from his/her failure to obtain such documents or to comply with such laws. Where legally permitted, Carrier reserves the right to hold, photocopy, or otherwise reproduce a travel document presented by any Passenger.

Subject to applicable laws and regulations, the Passenger must pay the applicable fare whenever Carrier, on government order, is required to return a Passenger to his/her point of origin or elsewhere due to the Passenger’s inadmissibility into/or deportation from a country. The fare will be the applicable fare in effect at the time of the original Ticket’s issuance. Any difference between the applicable fare and the fare paid will be collected from or refunded to the Passenger, as the case may be. Carrier will apply to the payment of such fares any funds paid by the Passenger for unused carriage or any funds of the Passenger in possession of Carrier. The fare collected for carriage to the point of refusal of entry or deportation will not be refunded by Carrier unless the law of such country requires that the fare be refunded.

This Rule and its limitations include, but is not limited to, Travel Documents related to travel by minors. Some countries require special documents for minors traveling with only one parent to/from an international destination.

16. Screening of Passengers and Baggage

Passengers and/or their baggage are subject to security screening, including but not limited to, background checks, security profiling, physical pat-downs and inspections, x-ray screening, manual bag searches, questioning of Passengers, and use of electronic or other detectors or screening or security devices, in the sole discretion of the government, airport, or Carrier, and with or without the Passenger’s presence, consent or knowledge. Neither Carrier nor its employees or agents are liable for any damage, loss, delay (including refusal to transport), confiscation of property, injury, or other harm relating to or arising out of security screening or Passenger’s failure to submit to or comply with such security screening.

17. Refusal To Transport

Carrier shall have the right to refuse to transport or shall have the right to remove from the aircraft at any point, any Passenger for the following reasons:

1. Failure by passenger to comply with the Rules of this Contract of Carriage.
2. Persons requiring the following medical equipment or services, which either are not authorized or cannot be accommodated on Carrier’s aircraft:
   1. Medical oxygen for use onboard the aircraft.
   2. Incubators, respirators, or any other medical device that must receive power from the aircraft’s electrical power supply.
   3. Persons who must travel on a stretcher.
3. Whenever a passenger has not paid the appropriate fare for a ticket, baggage fees, or applicable service charges for services required for travel, or produced satisfactory proof to Carrier that the passenger is an authorized non-revenue passenger or has engaged in a prohibited practice.
4. Whenever such action is necessary for reasons of aviation safety, or to comply with any Federal Aviation Administration (FAA) regulation, Transportation Security Administration (TSA), or other applicable government regulation, or to comply with any governmental request for emergency transportation in connection with the national defense.
5. Whenever such action is necessary or advisable by reason of weather or other conditions beyond Carrier’s control (including, without limitation – acts of God, force majeure, strikes, civil commotions, embargoes, wars, hostilities, or disturbances, whether actual, threatened or reported).
6. Whenever a passenger refuses to submit to electronic surveillance or to permit the search of his/her person or property.
7. Whenever a passenger refuses to produce identification satisfactory to Carrier or who presents a ticket to board and whose identification does not match the name on the ticket (Carrier will require identification of persons purchasing tickets and/or presenting a ticket(s) for the purpose of boarding the aircraft due to Department of Homeland Security (DHS) requirements.
8. Persons whose conduct is or has been known to be disorderly, abusive, offensive, threatening, intimidating, or violent and may pose a threat to flight safety.
9. Persons who are shirtless, barefoot, not properly clothed, or have strong and offensive body odor offending or disrupting other Carrier guests as solely determined by Carrier, its representatives, and/or any government authority or representative and/or any law enforcement representative, agent or authority.
10. Persons who are unable to occupy a seat with the seat belt fastened, or persons whose body weight exceeds load limits specified by the aircraft manufacturer and are beyond the limits of a Customer of Size as outlined in Rule 10.
11. Persons who fail to comply with or interfere with the duties of the members of the flight crew, federal regulations, or security directives, or who assault any employee of Carrier including gate agents, flight crew, or any Carrier passenger.
12. Persons who, through and as a result of their conduct, cause a disturbance such that the captain or member of the cockpit crew must leave the cockpit in order to attend to the disturbance.
13. Persons who appear to be intoxicated or under the influence of drugs, unless the appearance of such condition is solely due to the person being a qualified individual with a disability.
14. Persons who are known to have a contagious or communicable disease.
15. Persons who refuse to comply with instructions given by Carrier’s employees or representatives prohibiting the solicitation of items for sale or purchase, including airline tickets, passes, or travel award certificates.
16. Persons who wear or have on or about their persons concealed or unconcealed deadly or dangerous weapons; provided, however, that Carrier will carry passengers who meet the qualifications and conditions established in Federal Aviation Regulation 14 C.F.R. § 108.11.
17. Manacled persons in the custody of law enforcement personnel, persons brought into the airport in manacles, persons who have resisted escorts, or escorted persons who express to Carrier’s Employees an objection to being transported on the flight.
18. Persons who have misrepresented a condition that becomes evident upon arrival at the airport, and the condition renders the passenger unacceptable for carriage.
19. Persons who cannot assist with their own evacuation during an emergency.
20. Persons who do not qualify as acceptable Non-Ambulatory Passengers.
21. Persons carrying or in possession of marijuana (even if with prescription) and/or CBD oil.
22. Pregnant passengers expecting delivery within seven days unless such passenger provides a doctor’s certificate dated no more than 72 hours prior to departure stating that the doctor has examined and found the Passenger to be physically fit for air travel to and from the destination requested on the date of the flight and that the estimated date of delivery is after the date of the last flight.
23. Persons who are unwilling or unable to abide by Carrier’s non-smoking rules.

Carrier may, at the request of a passenger who is removed or refused transportation in accordance with this Rule, provide a refund in accordance with Rule 21.

For all intents and purposes, the acceptable forms of identification for adults and children shall be those listed on the TSA’s website (www.tsa.gov/travel/security-screening/identification). Because many of our locations do not have TSA checkpoints, the use of an expired or temporary I.D. is not feasible as there is no way for us to verify the information that is being provided to us.

The fare of any passenger denied transportation or removed from Carrier’s aircraft en route will be refunded in accordance with Rule 6 of this Contract of Carriage. The sole recourse of any passenger who is refused transportation or is removed en route will be the recovery of the refund value of the unused portion of his or her ticket.

18. Smoking Policy

Smoking of any kind (cigarettes, cigars, pipes, etc.), and the use of electronic, simulated smoking materials (E-Cigarettes, e-cigs) onboard the aircraft is prohibited at all times. Recharging of E-Cigarettes and/or their batteries onboard the aircraft is also prohibited.

Due to their potential to overheat or cause fire when activated (as determined by the FAA and ICAO), battery-powered portable electronic smoking devices are not permitted in any checked baggage, including gate-checked baggage or in any external baggage compartment of the aircraft. Please inform a Carrier agent if you have any such device in any of your baggage.

The e-liquid for e-cigarette devices is limited to 3.4 ounces per passenger.

19. Baggage (including Lithium Batteries, Firearms, Sports Equipment)

Provisions contained in this Rule are arranged in the following order:

• General Conditions of Acceptance
• General Conditions of Acceptance
• Carry-On Baggage Allowance
• Free Baggage Allowance
• Baggage Fees
• Cabin Baggage Requiring a Seat
• Sports Equipment
• Heavy Items
• Specialty Items
• Firearms & Ammunition

1. General Conditions of Acceptance
   1. Passengers may check Baggage for carriage in the cargo compartment of the aircraft and/or may carry baggage on board the aircraft subject to provisions in this Rule.
   2. Passengers must present a valid Ticket for transportation on Carrier or on Carrier and one or more other carriers with which Carrier has an Interline Transportation agreement.
   3. Baggage will be carried on the same aircraft as the Passenger unless such carriage is deemed impractical by Carrier, in which event the Carrier will make arrangements to transport the baggage on the next flight on which space is available.
   4. All Baggage or other property for which Carrier assumes custody and for which it issues a Baggage Claim Check shall be deemed acceptable for transportation by air; however, Carrier has the right to refuse to accept Baggage without a a signed Release of Liability from the Passenger).
   5. All Baggage tendered to Carrier is subject to inspection by Carrier and/or the Transportation Security Administration (TSA).
   6. Carrier will not accept any item that is either confiscated or denied transport by TSA.
   7. No dangerous goods or Hazardous Materials will be accepted onboard any Carrier flight unless specifically exempted as a dangerous good or Hazardous Material by 49 CFR Parts 171-180 and/ or the International Air Transport Association Dangerous Goods Manual.
   8. If Passenger is connecting from another airline to Carrier, it is the passenger’s responsibility to retrieve their checked baggage and to check Baggage in with Carrier at our ticket counter if there is no interline agreement in place.
   9. Carrier is not responsible for passenger(s) checked baggage left at the baggage claim area at passenger(s) arrival airport. It is the passenger(s) responsibility to retrieve checked baggage. Checked baggage left at Carrier’s baggage claim area will be held by Carrier for ten (10) days. Carrier will not be responsible for any delivery charges for such baggage.
   10. Carrier is not liable for damage to a customer’s Checked Baggage, Carry-on Baggage, or other property that contains fragile or perishable items when such damage is caused by the fragile or perishable items.
   11. Carrier will not accept items packed in Styrofoam containers; however, items that are packed in Styrofoam as padding that is inside another sealed box or container are fine.
   12. Carrier will not accept wet ice (frozen water) or items containing wet ice as Carry-on Baggage or Checked Baggage.
   13. Customers are responsible for all damage caused by their property, whether such damage is to their property or someone else’s property.
   14. Carrier will not accept Baggage subject to the following conditions:
       1. To a point that is not on the Passenger’s routing.
       2. Beyond the Passenger’s next point of Stopover or, if there is no Stopover, beyond the final destination of the Ticket.
       3. More than two hours (one hour for flight numbers 3000-3999) prior to Passenger’s scheduled flight departure, subject to the hours of the individual airport.
       4. To an intermediate point unless the intermediate point to which the baggage is to be checked is a permissible Stopover point at the fare paid. EXCEPTION: If the Passenger is making a connection to the first available Carrier flight departing from such intermediate point and the connection exceeds four hours, the Passenger may reclaim his/her Baggage at such intermediate connecting point if requested in advance and prior to check-in of the baggage.
       5. When the size, weight, character, or type of packaging (such as sharp objects contained within or items in thin plastic such as garbage bags) renders it unsuitable for transportation on the aircraft, or when the property cannot be accommodated without harming or annoying other Passengers.
       6. If the Passenger fails to check in and present Baggage at least 45 minutes prior to scheduled departure (15 minutes for flight numbers 3000-3999).
       7. If Baggage is not labeled or tagged with the Passenger’s identification and the Passenger’s name does not appear on the Baggage.
       8. If any destination would effectively bypass required customs, agriculture, or security inspections and/or clearances.
       9. For a flight to be operated on a later date.
       10. The contents contain prohibited hazardous materials.
   15. Size Limitations: Southern and Mokulele – Maximum Outside Dimensions and Weight limitations for each piece (currently 30” W x 15” H x 60” L and 50 lbs.). Surcharges apply for overweight baggage up to 70 lbs. Flights 3000-3999 – Maximum Outside Linear Dimensions and Weight limitations for each piece (currently 44 linear inches and 30 lbs.)
2. Carry-On Baggage Allowance
   1. Operations, security directives, or other safety considerations may require limitations to the allowable Carry-On Baggage on a specific flight. Carrier reserves the right in its sole and absolute discretion to determine the suitability and placement of storage of any items to be carried in the cabin of the aircraft.
   2. Carrier will determine whether or not any Baggage of a passenger, because of its weight, size, contents, or character, may be carried in the passenger cabin of the aircraft.
   3. Carrier will refuse to transport carry-on Baggage that may be harmful or dangerous to a passenger, the flight crew, or the aircraft.
   4. Carry-On Baggage must be retained in the Passenger’s custody and stored under a seat or in an area approved for the carriage of such Baggage.
   5. Carrier reserves the right to visually inspect a Passenger’s Carry-On baggage
   6. Carry-on Baggage is the sole responsibility of the passenger. Claims for damaged, lost, forgotten, or stolen carry-on Baggage will not be accepted by Carrier. The number, size, and dimensions of carry-on items allowed by the Carrier on a particular aircraft or flight shall be at the Carrier’s sole discretion.
3. Southern Airways Each fare-paying passenger may carry, without additional charge, a Carry-On Baggage that is 40 lbs. or less, with a maximum linear dimension of 45 inches. This can include:
   1. Handbag or pocketbook
   2. An overcoat or wrap
   3. Foot rug
   4. Umbrella or walking stick
   5. Camera and/or a pair of binoculars
   6. A reasonable amount of reading matter for the flight
   7. Infant’s food for consumption en route
   8. Medication (should not be carried or transported in a checked bag)
   9. Personal item
4. Southern and Mokulele Airlines Carrier will accept two pieces, one of which is a personal item, of Carry-On Baggage at no cost. Carry-On Baggage is subject to dimensions of 15” W x 12″ H x 10″ L and a maximum weight of 15 lbs. each. Both pieces are required to fit within the seat’s footprint.
5. In addition to the Carry-On Baggage Allowance and providing operational and space limits permit, each Passenger may carry onboard the aircraft, without additional charge, an article such as a briefcase, small laptop computer, purse, day planner, or camera bag. This item is also subject to dimensions of 15” W x 12″ H x 10″ L and a maximum weight of 15 lbs. Carrier will also allow at no charge a cane, walking stick and/or crutches and/or braces or other assistive devices on the same flight with the Passenger, dependent on the device (restrictions as to weight and size do not apply to these assistive items except in cases where they exceed the operational capabilities of the aircraft).
6. Flights 3000-3999 Each fare-paying passenger may carry, without additional charge, a Carry-On Baggage that must fit in the Passenger’s seat back pocket or within the seat’s footprint. The weight of the Carry-On baggage counts toward the overall Checked Baggage allowance. The Carry-On Baggage can include:
   1. Handbag or pocketbook
   2. An overcoat or wrap
   3. Umbrella or walking stick
   4. Camera and/or a pair of binoculars
   5. A reasonable amount of reading matter for the flight
   6. Infant’s food for consumption en route
   7. Medication (should not be carried or transported in a checked bag)
   8. Personal item
   9. Briefcase
7. Musical Instruments:
   1. Musical instruments such as a guitar, ukulele, violin, etc., will be allowed provided that they fall within the size limitation allowed for normal Carry-On Baggage (an exception to the normal weight allowance where such instrument can be up to 25 lbs.). Should the item be larger than normal size restrictions and not meet the safety criteria to be taken onboard, the instrument will need to be checked in and a baggage tag will be generated at the counter, and the Passenger must sign the Waiver of Liability at that time. Applicable fees will apply.
   2. Other musical instruments (or larger stringed musical instruments) will be handled as regular Checked Baggage or Carry-On Baggage depending on their size. Normal fees will be assessed. Passenger must sign the Waiver of Liability or the instrument will not be accepted.
   3. Carrier is not liable for damage to any musical instruments as Checked or Carry-On baggage.
8. Free Baggage Allowance One wheelchair per Passenger will be carried at no charge as Checked Baggage if it meets sizing requirements and will be carried in the cargo compartment of the aircraft. A second wheelchair is subject to standard Baggage Fees.
   1. Southern Airways
      1. You are allowed two (2) pieces of free Baggage for each fare-paying passenger at no charge, but subject to space and weight restrictions.
      2. Southern considers Sports Equipment as standard Baggage
   2. Mokulele Airlines
      1. Military Passengers traveling on orders may check, at no cost, 2 items. Duffel or sea bags can be up to a maximum weight of 70 lbs. with outside dimensions no more than 30″ w x 15″ h x 45″ l.
      2. Lap Children are not allowed free baggage. However, a stroller or car seat will be carried at no cost when traveling with a child under the age of 8. Carrier is not liable for damage to strollers or car seats.
      3. Passengers traveling on a myIDTravel or a Buddy Pass ticket are allowed one (1) free bag up to 50 lbs. at no charge.
   3. Flights 3000-3999
      1. You are allowed 30 pounds of free Baggage for each fare-paying passenger at no charge, but subject to space and weight restrictions.
      2. On these flights, Carrier considers Sports Equipment as standard Baggage
   4. Baggage Fees
      1. Carrier will transport the passenger’s baggage between points shown on their ticket for a fee, subject to the conditions of acceptance below and the allowances set forth in this Rule. For purposes of this Rule, Baggage fees are based on the number of pieces of Baggage that will be carried as Checked Baggage.
      2. Baggage fees paid online, through our Call Center, or at the airport are nonrefundable if unused
      3. Southern Total baggage allotment is 50 lbs. per person including both checked baggage, carry-ons, and personal item(s).
         1. Up to two (2) pieces of Baggage, each having Maximum Outside Linear Dimensions not exceeding fifty-two (52) inches and not weighing more than fifty (50) lbs. in total between the two bags, provided such Baggage is checked for carriage in the cargo hold of the aircraft.
      4. Mokulele – Fees for checked baggage per passenger is as follows:
         1. $20.00 1st item
         2. $30.00 2nd item
         3. $50.00 3rd item and subsequent items thereafter
         4. $35.00 Sports Equipment Fee (golf bags, surfboards up to 6 feet (72 inches), rifle cases, archery bow cases, etc.)
         5. $35.00 Heavy Baggage Fee – any Checked item (including Sports Equipment) weighing over 50 lbs. but with a maximum of 70 lbs.; this is assessed on top of the regular baggage fee
         6. A maximum of six (6) checked bags (including Sports Equipment and Gate Check items) are allowed per traveling passenger unless otherwise specified herein. Also, checked items 3 through 6 will be considered excess baggage should there be a need to leave bags behind to continue on the next available flight if there is a weight and balance issue.
      5. Cabin Baggage Requiring a Seat
         1. When a Passenger requests that an item be carried in the Passenger cabin of the aircraft (Cabin Baggage), and it is determined by Carrier in its sole and absolute discretion that the item is acceptable in the cabin but is so fragile and/or bulky as to require the use of a seat, the provisions below will apply:
            1. A seat for the Cabin Baggage must be reserved in advance.
            2. Carrier will charge the applicable full Adult fare for the portion of the trip on which the extra seat is used (Cabin Baggage will not be included in determining Baggage Allowance or Excess Baggage Charges).
            3. Cabin Baggage must be carried aboard the aircraft by the Passenger and be secured in a seat with a seat belt.
            4. The maximum permissible weight for Cabin Baggage is 165 lbs.
      6. Sports Equipment Sports Equipment such as bicycles, golf bags, archery bow cases, etc. shown below are subject to the Sports Equipment fee (and Heavy Baggage Fee if over 50 lbs.). In addition, Carrier is not liable for damage to any Sports Equipment. The items listed below will be accepted as Sports Equipment by Carrier (unless otherwise noted) and are subject to the conditions shown:
         1. Bicycles – only accepted on Carrier if the bicycle does not exceed the maximum width of 30 inches and can fit within the interior confines of the cargo area. The front tire and handlebars must be dismantled from the bicycle. Bicycle tires are considered a part of the accompanying bicycle if unmounted.
         2. Golf Equipment – one standard golf bag containing one set of golf clubs, golf balls, and one pair of golf shoes, with or without a built-in garment bag or cooler. The golf bag should be appropriately covered (e.g., zipped and/or locked in a golf bag carrying case). Note that Golf Equipment is not allowed on flights 3000-3999 due to limited space.
         3. Archery Bow Case – defined as one bow case containing bow(s), quiver of arrows, average-sized target, and maintenance kit. Note that Archery Bow Cases do not fit on flights 3000-3999.
         4. Bowling bag (large, containing 2 or 3 balls); if it is a single ball bag, it will be considered standard Baggage and charged accordingly (it cannot travel in the cabin).
         5. Scuba Rebreather Equipment/Scuba Dive Tank – to include one container with up to 3 empty Rebreather Tanks and equipment or one empty Dive Tank will be considered as one item of Equipment. Rebreather Equipment must be encased in a suitable container sufficient to prevent scratches, dents, or other damage during normal handling. Rebreather Tank/Dive Tank must have the regulator valve completely disconnected and removed from the tank. The tank must not be sealed (that is, the tank has an open end). The tank must have an opening to allow for a visual inspection by a TSA Security Screener or a Carrier employee. Other items such as fins, weights, masks, etc., if in a separate container, will be considered standard Baggage and charged accordingly.
         6. Skateboard/Hoverboard with Lithium Batteries –Carrier will NOT accept the transport of hoverboards or any item resembling a battery-operated (particularly Lithium powered) skateboard
         7. Oars/Paddles – one pair of oars/paddles or one oar case containing up to two oars up to a maximum of 6 feet in length will be accepted free of charge when checked in
         8. Fishing Tackle Box –will be considered standard Baggage and charged accordingly (it cannot travel in the cabin)
         9. Fishing Rod(s) – should be encased in a cylindrical fishing rod container suitable to withstand normal checked Baggage handling without sustaining damage to the rod; will be considered standard Baggage and charged accordingly (it cannot travel in the cabin). Note that Fishing Rods do not fit on flights 3000-3999.
         10. Spears / Spear Guns – Spears must have the tips protectively covered (cork or similar) and in a cylindrical tube (such as PVC tubing) or taped together; will be considered standard Baggage and charged accordingly (it cannot travel in the cabin)
         11. Surfboards, wakeboards, kiteboards, wave skis – may not exceed 6 feet (72 inches). Surfboard bags, wakeboard bags, or kiteboard bags can contain up to two boards; wave ski bags can contain one wave ski. Each bag will be considered one piece of Sports Equipment.
             1. The surfboard’s skeg (fin) must be removed or well-padded and the entire board encased in a suitable container sufficient to prevent scratches, dents, or other damage during normal handling
             2. Surf and wave equipment will be transported on a space-available basis only and will be carried subject to load capacity
         12. Boogie Boards (also known as Bodyboards) – are not considered Sports Equipment. However, all normal baggage fees and weight and size restrictions will apply. If the boogie board is packed in a bag, the combined weight of the board, bag, and items included in the bag will be considered one (1) item and is subject to all normal baggage fees and weight and size restrictions.
         13. Empty Golf Bag –an empty bag is not considered Sports Equipment; it will be considered one (1) piece of Baggage and is subject to all normal baggage fees and weight and size restrictions.
      7. Heavy Items Baggage that meets all size requirements but weighs from 51 to 70 lbs. is considered a Heavy Bag and will be assessed the Heavy Baggage Fee.
      8. Specialty Items
         1. Carrier is not liable for loss, damage, or delay of any Specialty Items, regardless if the Waiver of Liability is not signed.
         2. Battery-powered hand tools will be accepted as Checked Baggage subject to the conditions specified below:
            1. The battery must be removed from the powered hand tool to prevent the tool from becoming engaged and battery terminals must be insulated or protected against short circuits
         3. All lithium batteries, whether separate or a part of some tool or electronic piece of equipment or other apparatus are subject to validation of total Watt-Hours (Wh). Anything over 100 Wh cannot be transported.
         4. Carrier will not transport any type of Lead Acid Batteries, including Sealed Lead Acid (SLA) batterie.
         5. Fragile or Perishable Items may be accepted as Checked Baggage only if it is packaged appropriately (e.g., in an original, factory-sealed carton, in a cardboard mailing tube, in a container/case designed for shipping such item, or packed with protective internal material).
         6. Dry Ice will be accepted for carriage in Checked Baggage or Carry-on Baggage as long as the ice is being used to keep an item cool. Carrier will accept no more than 5.5 pounds of dry ice, properly packaged per DOT Hazardous Materials Guidelines onboard any turboprop aircraft. You must let the counter agent know you are carrying Dry Ice and how much you have.
         7. Seafood and prepared foods in boxes or coolers are subject to standard Baggage Fees/Heavy Bag Fees/Baggage Counts. Carrier is not liable for spoilage of seafood or prepared foods due to any delays or weather conditions that may prevent the normal operation of scheduled or nonscheduled flights. Seafood and prepared foods will be accepted only if it is wrapped in sealed protective material and packed in a leak-proof container.
      9. Firearms & Ammunition
         1. Acceptance of firearms and ammunition is at the sole discretion of Carrier staff and only when permitted by governmental regulations
         2. Firearms may not be able to be accepted on certain aircraft. Please reach out to Carrier staff to find out more information.
         3. Firearms will be accepted only from a customer who is 18 years of age or older
         4. In accordance with U.S. Federal law, a Passenger who presents Baggage containing a firearm must declare that the weapon is unloaded and sign a declaration stating that it is unloaded. It will be dated on the day the Baggage is accepted for transportation.
         5. Baggage containing firearms will be transported in an area, other than the cockpit, that is inaccessible to Passengers
         6. Except for military missions (e.g., CRAF), at no time will fully automatic weapons be acceptable as checked or Carry-On Baggage
         7. A law officer will be permitted to carry a firearm on board the aircraft in compliance with applicable federal, state law, or governmental regulations provided advance notice is received by Carrier and a “Notice To Armed LEO” form is filled out and on file with the flight manifest
         8. Carrying of Firearms and Ammunition
            1. Firearm cases must be securely locked. Each manufacturer’s lock hole must have a lock in place (TSA-recognized locks are allowable).
            2. Rifles and shotguns must be packed in hard-sided, locked cases that are rigid enough to prevent separating the case ends (allowing you to be able to slide out the firearm). Cases must meet IATA requirements. Each case is considered to be a piece of Sports Equipment.
            3. Handguns must be packed in a hard-sided lockable container. Baggage containing firearms must be locked at the time of acceptance by Carrier and the key or combination retained in the Passenger’s custody.
            4. Passenger may have up to a maximum of 11 lbs. (5 kgs.) of properly packaged small arms Ammunition that will be checked as Baggage. Ammunition must be packed in the manufacturer’s original package or securely packed in fiber, wood, or metal containers and the Ammunition inside the container must be protected against shock and secured against movement. Ammunition must be packed separately from the firearm. The Passenger shall make a written declaration confirming that the above provisions are met. The maximum gross weight of Ammunition accepted for carriage on any one aircraft is limited to 70 pounds (31.8 kgs).
            5. Ammunition with explosive or incendiary projectiles will not be accepted.

20. Denied Boarding Compensation

Upon request, Carrier will advise a customer if his/her flight is overbooked. When Carrier determines that there are not enough available seats on a flight to accommodate all customers holding confirmed reservations and tickets, Carrier will take action as specified below regarding voluntary and/or involuntary denied boarding.

1. Voluntary
   1. Carrier will ask for customer(s) to voluntarily relinquish their seats in exchange for compensation in the form of a travel credit as determined by Carrier. The request for, and selection of, volunteers will be in a manner determined solely by Carrier. Because the selection of volunteers is based on a variety of factors, and because we may have more volunteers than we need, some volunteers may not be selected.
2. Involuntary
   1. If a flight is oversold and there are not enough volunteers, Carrier may be required to deny boarding involuntarily, in accordance with the following:
      1. Ease of re-accommodation.
      2. Fare/Class of Service purchased.
      3. Time of check-in.
      4. Special efforts will be made to never involuntarily deny boarding to customers requiring special assistance or to unaccompanied minors.
3. Carrier will transport customers who have been denied boarding, whether voluntarily or involuntarily, on its next flight on which space is available at no additional cost to the customer. If Carrier is unable to provide onward transportation, Carrier will attempt to arrange transportation for the customer on the next available flight of another airline with which Carrier may or may not have an agreement with, allowing the acceptance of each other’s tickets at no additional cost to the customer.
4. Compensation for Flights
   1. Involuntary – Carrier will offer the following compensation to customers denied boarding involuntarily on flights within the Carrier’s network:
      1. A transferable voucher for one free roundtrip coach class ticket on Carrier within Carrier’s network (certain restrictions may apply to these tickets, which are disclosed in materials available from Carrier’s agents).
5. Waiver of Payment of Compensation Denied boarding compensation payment may not be made if:
   1. The customer has not complied with the applicable time limit for presenting himself or herself at the boarding gate even if the customer has already checked in at another location.
   2. The customer is offered accommodations in a class of service on the aircraft other than that specified on his/her ticket (at no extra charge), except that a customer seated in a section for which a lower fare is charged shall be entitled to an appropriate refund.
   3. The flight for which the customer holds confirmed reserved space is unable to accommodate that customer because of the substitution of equipment of lesser capacity when required by operational or safety reasons.
   4. Carrier arranges comparable air transportation, or other transportation used by the customer at no extra cost to the customer, that at the time such arrangement is made, is planned to arrive at the airport of the customer’s next Stopover or, if none, at the airport of the final destination not later than one hour after the planned arrival time of the customer’s original flight or flight(s).
   5. If Carrier refuses to transport the passenger for any of the reasons stated in Rule 17 of the Contract of Carriage.
6. Free Air Transportation as Compensation for Travel Free air transportation is limited to one round trip ticket from any one city served by Carrier to any one destination served by Carrier within the Carrier’s network. The voucher for free air transportation will be provided only to the customer who was denied boarding, although the customer may elect to transfer the voucher to another person. The voucher for free air transportation must be exchanged for a ticket within one year from the date of issuance of the voucher. Tickets issued in exchange for free air transportation vouchers are valid for one year from the date of ticket issuance. All travel must be completed within one year of the date of ticket issuance. Space is subject to availability at the time of booking and travel must be via Carrier only and via the most direct routing on which space is available. A Stopover will be permitted only at the customer’s outward destination. The ticket has no refund value and may be rerouted and reissued only by Carrier.

21. Rerouting

1. Rerouting Eligibility Unless the fare purchased otherwise indicates, Carrier will reroute a passenger at the passenger’s request and upon presentation of the ticket or portion thereof then held by the passenger plus payment of any applicable fees and fare differentials.
2. Fare Applicable to Rerouting or Change in Destination. Passengers may change the routing and/or the ultimate destination designated on his/her ticket provided that, after transportation has commenced, a one-way ticket will not be converted into a Round Trip, Circle Trip, or Open Jaw Trip ticket. The fare and charges applicable to any change in itinerary, class of service, or change in ultimate destination made at the passenger’s request through Carrier prior to arrival at the ultimate destination named on the original ticket, shall be the fare and charges in effect on the date when the revised routing and/or ultimate destination is entered on the passenger’s new ticket. Any difference between the fare, penalties, and service charges applicable to the original ticket issued to the Passenger will be either collected from or refunded to the passenger, as the case may be.

22. Additional Liability Limitations

A. Warsaw Convention Application. Carrier agrees in accordance with Article 22(1) of the Warsaw Convention that, as to all international transportation hereunder as defined in the Warsaw Convention:

1. Carrier shall invoke the limitation of liability in Article 22(1) of the Warsaw Convention as to any claim for recoverable compensatory damages arising under Article 17 of the Warsaw Convention;
2. Carrier shall avail itself of any defense under Article 20(1) of the Warsaw Convention with respect to that portion of such claim which does not exceed 100,000 Special Drawing Rights (SDR’s);
3. Except as otherwise provided in Rule 25.B.1 and Rule 25.B.2, Carrier reserves all defenses available under the Warsaw Convention to such claims. With respect to third parties, Carrier reserves all rights of recourse against any other person, including without limitation, rights of contribution and indemnity;
4. Carrier agrees that subject to applicable law, recoverable compensatory damages for such claims may be determined by reference to the law of the domicile or permanent residence of the Passenger;
5. Liability for delay of the Passenger shall not exceed the limitation set forth in the Warsaw Convention;
6. Nothing herein shall be deemed to affect the rights and liability of Carrier with regard to any claims brought by, on behalf of, or in respect to any person who has willfully caused damage which resulted in death, wounding, or other bodily injury of a Passenger; and
7. Any action brought pursuant to the Warsaw Convention is barred unless commenced within two years of the alleged occurrence.

B. General Limitation of Liability. Except to the extent the Warsaw Convention or other applicable law may otherwise require or except as specifically provided otherwise in this Contract of Carriage, the following limitations of liability apply:

1. Carrier shall not be liable for any death, injury, delay, loss, or other damage of whatsoever nature (hereafter referred to collectively as “damage”) arising out of or in connection with carriage or other services performed by Carrier unless such damage is proven to have been caused by the sole negligence or willful misconduct of Carrier and there has been no contributory negligence on the part of the Passenger.
2. Carrier shall not be liable for any damage arising out of Carrier’s compliance with any laws, government regulations, orders, Rules, requirements, or security directives or as a result of a Passenger’s failure to comply with such laws, government regulations, orders, Rules, requirements or security directives or as a result of Passenger’s reliance on advice provided by Carrier regarding such laws, regulations, orders, Rules, requirements or security directives.
3. Carrier shall not be liable for any punitive, consequential, or special damages arising out of or in connection with carriage or other services performed by Carrier, whether or not Carrier had knowledge that such damage might be incurred.
4. Any limitations or exclusions of liability of Carrier shall apply to and be for the benefit of Carrier’s agents, employees, vendors, and representatives acting within the scope of their employment and also to any person whose aircraft is used by Carrier and its agents, employees or representatives acting within the scope of their employment.
5. Domestic Carriage Limitation of Liability for Baggage. If all of the Passenger’s Ticketed segments are for carriage within the U.S.A., the following shall apply:
   1. Liability for the loss of, damage to, or delay in delivery of a Passenger’s personal property, including Baggage, when such personal property or Baggage has been checked (unless a higher value is declared in advance and additional charges are paid and personal property is not otherwise excludable), is limited to USD $3,500.00 per Ticketed Passenger. Passenger will be responsible for documenting and proving the actual value of the loss. Carrier shall not be liable for any consequential damages arising from the loss of, damage to, or delay in delivery of Baggage.
6. Carrier assumes no responsibility or liability for Baggage or other items carried in the Passenger compartment of the aircraft.
7. In the case of loss, damage to, or delay in delivery of a Passenger’s personal property, including Baggage, a preliminary notice of claim must be submitted to Carrier by the passenger within four hours after the arrival of the flight on which the Baggage was or was to be transported. In the event of failure to give such preliminary notice of claim (absent extraordinary circumstances to be determined at Carrier’s discretion), no action shall lie against Carrier.
   1. Interim Purchases. Mokulele requires that receipts be presented for all reasonable expense reimbursements incurred due to the delay of the Passenger’s bag, entitled after 24 hours unless the occurrence is on the last flight for that destination. Reasonable expenses to cover necessities such as toiletries and clothing, taking into account the ability to use the new items in the future, will be at USD $25.00 per day for up to 3 days.
8. After preliminary notice of claim to Carrier by the Passenger, the Passenger must obtain a written claim form from Carrier.
9. The completed written claim form pertaining to the claimed loss, damage to, or delay in delivery of a Passenger’s personal property, including Baggage must be received by Carrier’s Call Center from the Passenger within 15 days after the flight date. If the Passenger fails to return the completed written claim form within the specified time period (absent extraordinary circumstances to be determined at Carrier’s discretion), no action shall lie against Carrier.
10. Wheelchairs and Other Assistive Devices. For domestic travel only, the baggage limitations of liability set forth in this Rule do not apply to claims for loss, damage, or delay concerning wheelchairs or other assistive devices. Liability for a lost or irreparably damaged wheelchair or other assistive device will be the original purchase price of the device, or where repairable, the actual cost of repair. Documentary proof is required from the Passenger for any claim for damages, loss, or repair. Carrier has the right to inspect and document any pre-existing damage prior to acceptance of wheelchairs or other assistive devices as Checked Baggage. The notice and claim requirements of this Rule do apply.
11. Exclusions from Baggage Liability (Applies to Domestic and International Carriage).
    1. Notwithstanding the foregoing limitations, Carrier shall not be liable for the loss of, damage to, or delay in delivery of any fragile or perishable items, nor for loss of, damage to, or delay in delivery of any of the following:
       1. Antiques, artifacts, heirlooms, collectibles, religious items and artifacts;
       2. Frozen or preserved food and related items;
       3. Backpacks not designed for travel, sleeping bags, and knapsacks made of plastic, vinyl, or other easily torn material with aluminum frames, outside pockets, or protruding straps and buckles;
       4. Business equipment and business samples;
       5. CDs, DVDs, MP3s;
       6. Chinaware, glass, ceramics, pottery;
       7. Computer hardware/software and electronic components/equipment;
       8. Items checked in sacks or paper/plastic bags that do not have sufficient durability, do not have secure closures, or do not provide sufficient protection to the contents;
       9. Items checked in corrugated/cardboard boxes, including cardboard boxes provided by Carrier, except for items that otherwise would be suitable for transportation without the cardboard box (e.g., bicycle, garment bag);
       10. Electronic and mechanical items, including cell phones, electronic games; and other related items;
       11. Eyeglasses, binoculars, prescription sunglasses and non-prescription sunglasses, and all other eyewear and eye/vision devices;
       12. Garment bags not designed for travel;
       13. Items made of paper (e.g., advertising displays, blueprints, maps, manuscripts, business/personal documents, historical documents, photos, books, negotiable papers, securities, etc.);
       14. Keys;
       15. Jewelry, liquids, perfumes, liquor;
       16. Medicines, medical equipment;
       17. Money, gift cards, and gift certificates;
       18. Natural fur products, precious metals/stones
       19. Perishable items such as food, seafood, tobacco, and related items;
       20. Photographic/cinematographic/audio/video equipment, cameras, and related items;
       21. Firearms, ammunition, and other Sports Equipment;
       22. Tools, battery-powered hand tools, tool boxes/containers;
       23. Totally unprotected items such as tennis racquets and umbrellas, either individually checked or tied/strapped to the outside of luggage;
       24. Silverware, knives, swords;
       25. Irreplaceable items such as watches (timepieces), works of art such as paintings or sculptures; or
       26. Any other similar valuable property or irreplaceable property included in the Passenger’s Checked or Carry-on Baggage with or without the knowledge of Carrier.
    2. Carrier shall not be liable for Baggage not claimed by the Passenger immediately upon arrival.
    3. Carrier shall not be liable for damage caused by a customer’s property, whether such damage is to the customer’s own property or to another’s property, nor shall not be responsible for damaged Baggage that is received in such condition when delivered by another carrier for Interline Transfer to Carrier, nor shall not be liable for the loss of, damage to or delay in delivery of any Baggage accepted by another carrier for Interline Transfer to Carrier, if the Baggage is not acceptable for transportation as Checked Baggage by Carrier.
    4. A Passenger traveling with an animal shall be responsible for compliance with all governmental regulations and restrictions, including furnishing valid health and rabies vaccination certificates when required. Carrier will not be liable for loss or expense due to the Passenger’s failure to comply with this provision, and Carrier will not be responsible if any animal is refused passage.
    5. Carrier shall not be liable for damage to Sports Equipment (such as archery equipment, boogie/skim/speed boards, bowling equipment, fishing equipment, hang gliding equipment, hockey/lacrosse sticks, javelins, kiteboarding equipment, oars, pole vaulting equipment, pool cues, re-breather equipment, scuba diving tanks, scuba/diving equipment, water skiing/snow skiing/snowboarding equipment, surfboards, surfboard equipment containers, surfboard bags, wave skis, wake-boards and windsurfing equipment, but not limited to these specific items).
    6. Carrier shall not be liable for damage to golf equipment that is not contained in a hard-sided case.
    7. Carrier shall not be liable for damage to bicycles that do not have the handlebars fixed sideways and pedals removed, handlebars and pedals encased in plastic foam or similar material, or are not contained in cardboard containers or hard-sided cases.
    8. Carrier shall not be liable for damage to transportation devices, excluding mobility devices.
    9. Carrier shall not be liable for damage to musical instruments.
    10. Carrier shall not be liable for damage to strollers.
    11. Carrier shall not be liable for any Baggage for which Carrier and/or its agents or representatives or any interline airline has received a signed release form from the passenger.
    12. Carrier shall not be liable for damage to Checked Baggage which does not impair the ability of such Baggage to function and specifically shall not be liable for damage arising from the normal wear and tear of handling, including minor cuts, scratches, scuffs, dents, punctures, marks or soil.
    13. Carrier shall not be liable for loss of or damage due to normal wear and tear affecting protruding parts such as wheels or feet, external pockets, pull handles, hanger hooks, external locks, pull straps, and security straps unless the baggage handling determines the damage is a direct result that impairs the functionality of the baggage. All claims will be handled with careful and proper investigation. Carrier shall not be liable for loss of or damage to articles due to a manufacturer’s defect or due to overpacked or overweight Baggage.
    14. Carrier shall not be liable for loss of or damage to articles due to a manufacturer’s defect or due to over-packed Baggage.
    15. Carrier shall not be liable for loss of or damage to articles which are strapped, fastened or otherwise secured to other Checked Baggage and which are not independently tagged and/or packaged. Such items include but are not limited to, sleeping bags, luggage racks, luggage carriers, and umbrellas.
    16. Carrier shall not be liable for damage caused by improperly packed Checked Baggage or Carry-On Baggage.
    17. Carrier shall not be liable for the loss of, damage to, or delay in delivery of any Checked Baggage of a person traveling on a Ticket who is other than the Passenger to whom the Ticket was issued.
    18. Carrier shall not be liable for the loss of, damage to, or delay in delivery of any Checked Baggage of an employee of an airline other than Carrier or such employee’s family or friends traveling on a non-revenue pass.
    19. Carrier will not be liable for delivery or interim expenses incurred by the Passenger with delayed baggage if the Passenger fails to meet the check-in time requirements set out in Rule 4.
12. Declaration of Higher Value for Checked Baggage
    1. A Passenger may, when checking in for a flight and presenting Baggage to be checked for transportation, declare a value higher than the maximum limitation of liability amount specified herein subject to the conditions and charges below, in which event Carrier liability shall not exceed the higher declared value.
    2. Carrier’s higher valuation may be purchased at a one-way rate of higher declared value, but the total declared value may not exceed USD $5,000.00.
    3. Declaration of higher value shall not apply to any items in Rule 25.
    4. Carrier has the discretion to not accept Baggage of any one Passenger having a declared value in excess of USD $5,000.00 unless special arrangements have been made in advance by the Passenger with Carrier.
    5. When personal property, including Baggage, is tendered for transportation via two or more carriers with different maximum limits on declared value, the lowest limit for any such carrier shall apply to all carriers participating in such transportation.
    6. Excess value charges will be payable on a one-way basis at the point of Origin for the entire journey to the final Destination, provided that, if at a Stopover en route, a Passenger declares a higher excess value than that originally declared, additional value charges for the increased value from Stopover to the final Destination will be due from the passenger.
    7. EXCEPTION: Excess value charges will be due from the Passenger to Carrier only to the point to which the Baggage is checked, or to the point of Transfer to another carrier if such point is before the point to which the Baggage is checked.
13. Delivery of Baggage. Carrier will use reasonable efforts to return Checked Baggage within 24 hours of notice in writing by the Passenger of a delayed bag. Carrier will attempt to contact any Passenger who’s unclaimed, Checked Baggage contains a name and address or telephone number. Delivery method will be conducted by any company of choice by Carrier.
14. Limitation of Liability – Services of other carriers. Carrier’s liability for damage, if any, shall be limited to occurrences on its own flights only, except in the case of Checked Baggage, in which case the Passenger also has the right of action against either the first or last carrier in the flown itinerary.
    1. A carrier issuing a ticket or checking baggage for carriage over the lines of others does so only as an agent and is not liable for actions on the part of the operating carrier.
    2. Carrier shall not be liable for the death or injury of a Passenger not occurring on its own operated flights.
    3. Carrier’ liability in the case of refusal to transport a passenger on a specific flight or removal of a passenger en route pursuant to Rule 18 shall be limited to the refund value of the unused portion of the passenger’s ticket in accordance with Rule 6.

23. Customer Service Complaints

We are committed to providing you with quality customer service and support. Please contact us if you have a comment or a complaint. Please submit your complaints within 60 days of an incident so that they may be resolved accordingly. Any complaints submitted after 60 days of the incident will be

recorded but will not guarantee a proper resolution. Please email us at customercare@iflysouthern.com, customercare@mokuleleairlines.com, or memberservices@surfair.com.

24. Privacy Notice

Carrier is committed to protecting the privacy of its customers in compliance with all relevant data protection laws. Please be advised that when you book or purchase a Carrier ticket for transportation or if you participate in Carrier’s programs or services, personal data is collected, used, processed and transferred for the following business purposes: making a reservation; purchasing a ticket; purchasing cargo services; participating in services; obtaining ancillary services, including accommodating special service requests; accounting, billing and auditing; checking credit or other payment mechanisms; operating frequent flier programs; systems testing, maintenance and development; customer relations; sales and marketing; promotions for goods and services and third party’s goods and services; statistical analysis; developing and tailoring current and future services; facilitating travel, including obtaining TSA clearance; complying with applicable laws; providing data to third parties or governmental agencies to comply with, or assist in the development of, security or safety measures for passengers, baggage or cargo, or to provide for the prevention or detection of imminent criminal acts or the apprehension or prosecution of offenders; protecting the legal rights of Carrier.

Upon booking a ticket for transportation or purchasing other services, you authorize Carrier and its affiliates and authorized agents to (1) collect, process, retain, and use, and (2) transfer to third parties, including other carriers and government agencies, for their use, processing, and retention, such personal data as Carrier deems necessary to carry out the above-mentioned business purposes. You may contact Customer Care at the address set forth below if you would like to review and rectify your personal data on file. If you object to Carrier maintaining and using your personal data for marketing purposes, written requests to opt out of optional programs can be made to customercare@iflysouthern.com, customercare@mokuleleairlines.com, or memberservices@surfair.com.

Surf Air Animal Policy – Scheduled Service

The effective date of this Animal Policy is March 1, 2020.

This policy (this “Policy”) governs the transportation of animals on all flights arranged by Surf Air Inc. (“Surf”). Terms used but not defined in this Policy have the meanings given to them in Surf’s Membership Agreement.

(I) Generally

Generally, Operator flights arranged by Surf are limited to the carriage of one (1) animal per flight. Surf, in its sole discretion and subject to the Operator’s then-current animal policies and consent, may permit a second animal on the same flight. Animals may not travel unaccompanied.

There are three classifications of animals under this Policy, as follows:
(a) “Service Animal” is an animal that has been specifically trained to perform life functions for individuals with disabilities, including individuals with visual impairments, deafness, seizures, and mobility impairments.

(b) “Emotional Support Animal” is an animal that provides comfort to individuals with emotional, psychiatric or cognitive disabilities.

(c) “Pet” is an animal that is neither a Service Animal nor an Emotional Support Animal.

All animals, including Service Animals, Emotional Support Animals, and Pets, must be at least four (4) months old, weigh not more than one hundred (100) pounds, and be clean, well-behaved, and have current vaccinations, e.g., for rabies and distemper. Cats and dogs are the only Pets permitted to travel. Other species may be permitted to fly as Service Animals or Emotional Support Animals if they comply with US Department of Transportation requirements for health and safety and do not cause significant cabin disruption. If Surf and/or the Operator in their sole discretion permit a second animal on a flight arranged by Surf, the combined weight of both animals must not exceed one hundred (100) pounds. Approval for travel with an animal will not occur until the animal arrives at the airport and Surf personnel and the Operator’s representative(s) inspect the animal. In the event of a conflict between this Policy and the Operator’s policies regarding animals, this Policy will control, provided, however, that Operator always retains ultimate operational control over all Surf flights and retains the right to take any action it deems necessary or useful to protect the safety of the flight and its Passengers and crew. Upon request by Surf, a Passenger will provide a copy(ies) of the certificate(s) of vaccination of his or her animal.

Passengers wishing to travel with a non-service animal that weighs twenty (20) pounds or less (a “small” animal) must pay a non-refundable fee (the “Animal Flight Fee”) to bring their animal on a Surf-arranged flight. The amount of the Animal Flight Fee is subject to change but is expected to be equal to or less than $100 through December 31, 2020. If a Passenger wishes to travel with a small animal, the Passenger must notify Surf at least two (2) days before the flight. The animal fee will be charged after the flight has concluded. If a Passenger wishes to travel with an Animal that weighs more than twenty (20) pounds (a “larger animal”), the Passenger must notify Surf and purchase a separate Single-Use Flight Pass for the animal at least two (2) days before the flight. A Passenger may not use a Reusable Reservation for the transportation of a larger animal. Animals may not travel on stand-by.

A Passenger shall ensure that his or her animal does not engage in any disruptive, threatening, damaging, destructive, or other inappropriate behavior. For example, an animal will be deemed to be engaging in inappropriate behavior if it is growling, snipping, biting, jumping on passengers, relieving itself in the gate area or cabin, or barking excessively.
A Passenger shall ensure that his or her animal(s) are properly secured at all times. A Pet that is in a kennel may be transported, at the election of the Passenger or Surf and/or the Operator, in the baggage area of the cabin. Otherwise, all animals must be within reach of its accompanying Passenger. Cats must be transported in a soft-side carrier. Dogs that are not secured within a kennel must be secured with a quick-release leash. On board the aircraft, animals may not protrude into or block aisles or exit routes. If a Single-Use Flight Pass has been purchased for a larger animal, and if requested by the Passenger in writing at the time the Passenger books the flight for the animal, the animal may occupy a seat so long as it is harnessed. Unless kenneled in the baggage area of the cabin, a small animal must rest on the lap of its Passenger while on board the aircraft.

If the Passenger cancels a flight on which an animal is scheduled to fly in accordance with this Policy, (i) the amount paid by the Passenger for the Animal Flight Fee or (ii) the Single-Use Flight Pass for the accompanying animal shall be forfeited unless, under the Membership Agreement, the Passenger is not required to pay a fee or forfeit or lose the use of his or her personal Single-Use Flight Pass or Reusable Reservation in connection with the cancellation. For example, suppose a Passenger is scheduled to fly with a Single-Use Flight Pass and has paid an Animal Flight Fee for his or her accompanying animal. If the Passenger is a “No-Show”, the Passenger forfeits both his or her Single-Use Flight Pass and the amount paid for the Animal Flight Fee. Under no circumstances will Surf be required to pay or reimburse a Passenger for lodging or alternative travel costs for an animal.

(II) Emotional Support Animals and Service Animals

Surf will accept as evidence that an animal is a Service Animal with the presentation of reasonably credible verbal assurances of the Passenger. Service Animals in training will be deemed Pets. Service animals that do not occupy a seat (meeting ‘lap dog’ size requirements of 20lbs or less) are not subject to an animal fee and may travel complimentary.

For a Passenger’s animal to qualify as an Emotional Support Animal, the Passenger must submit a complete ESA Letter with all accompanying documentation to Surf for verification at least 48 hours before the Passenger’s flight. An “ESA Letter” is a document prescribed and written by a licensed mental health professional within one (1) year of the proposed date of travel that is on the professional’s letterhead and states the following:

(a) That the Passenger has an emotional or mental-health related disability recognized in the Diagnostic and Statistical Manual of Mental Health Disorders – 5th Edition (DSM V);

(b) That having the animal accompany the Passenger is necessary to the Passenger’s mental health or treatment or to assist the Passenger with his or her disability;

(c) That the individual providing the assessment of the Passenger is a licensed mental health professional and the Passenger is under his or her professional care; and

(d) The date and type of mental health professional’s license and the state or other jurisdiction in which it was issued.

If a Passenger elects to have his or her Emotional Support Animal or Service Animal fly in the baggage area of the aircraft cabin, Surf may elect to treat the animal as a Pet. If a Passenger is flying with an Emotional Support Animal or Service Animal that is registered or belongs to another person, the animal will be deemed a Pet.

(III) Boarding and Deboarding Priority.

In certain scenarios, Surf may refuse to grant flight privileges to one or more Passengers and their accompanying animals. In determining which Passenger(s) will not be granted flight privileges and which Passengers will, the following rules will be applied:
A Passenger with an allergy to a traveling animal or a Passenger with a Service Animal has first priority over a Passenger traveling with an Emotional Support Animal or a Pet, regardless of who was first to book a seat on the flight.

Between a Passenger with an animal allergy to a traveling animal and a Passenger with a Service Animal, precedence is given to whomever was first to book a seat on the flight.

If there are no Passengers with animal allergies and no Passengers with Service Animals booked, then precedence will be given to Emotional Support Animals before Pets, regardless of who was first to book a seat on the flight.

In order to protect the health and safety of Passengers, such as in a scenario where flying conditions or the weight or size of an animal presents a concern, Surf may be required to revoke flight privileges for one or more Passengers and their accompanying animals. In determining which Passenger(s) will lose flight privileges and which Passengers will be permitted to remain on the flight, the following rules will be applied:

(a) Complimentary Passengers (including those with complimentary memberships, or complimentary Single-Use Flight Passes, and guests) are the first to deboard.

(b) Passengers with Pets are the next to deboard.

(c) Passengers with Emotional Support Animals are the next to deboard.

(d) Passengers with Service Animals are the next to deboard.

Passengers with Service Animals take precedence over all other Passengers (regardless of booking order), i.e., all other Passengers deboard first. Surf shall not be required to pay for alternative travel arrangements or hotel accommodations for, or otherwise compensate, a Passenger who is denied boarding or removed from a flight due to considerations of the health or safety of a Surf flight or its Passengers or crew.

(IV) Violations of Policy; Passenger Responsibility for Animal; Miscellaneous

If a Passenger violates this Policy, Surf will have the right to deny transport to the Passenger and his or her animal. In addition, any violation of this Policy by a Passenger will be deemed a breach of the Membership Agreement, and Surf will have the right to suspend or terminate the Passenger’s Membership. If a Passenger is denied boarding or deboarded due to his or her failure to comply with the requirements of this Policy, the Passenger will be considered a “No Show” under the Membership Agreement and the Animal Flight Fee, any Single-Use Flight Passes for the Passenger and the animal, and all other benefits, fees or credits paid or applied by the Passenger for the flight will be forfeited.

A Passenger assumes liability for all injury or damage to persons or property resulting from the Passenger’s animal, including damages incurred at the lounge or airport or on the aircraft. Passenger shall indemnify and hold Surf, the Operator, their affiliates and their officers, directors, employees, agents and representatives (the “Indemnities”) harmless against any and all loss, liability, damage or expense suffered or incurred by the Indemnitees (including attorneys’ fees and expenses) by reason of any act of the Passenger’s animal or failure of Passenger to comply with this Policy. Passenger also assumes any and all health and safety risks to Passenger’s animal in connection with a Surf-arranged flight.

No failure or delay by Surf in enforcing this Policy shall operate as a waiver of any aspect of this Policy and no single or partial waiver of any provision of this Policy shall preclude any other or further enforcement of that provision or the enforcement of any other provision of this Policy.

Surf reserves the right to modify this Policy from time to time in its reasonable business discretion and will provide Passengers with prior notice of such modifications when appropriate.

INTRODUCTION
By purchasing, accepting, or using Surf Air Credit (“SurfCredit”) in either physical or digital form and in consideration for your right to use SurfCredit, you agree to be bound by these terms and conditions (“Surf Air Credit Terms and Conditions”) and the terms and conditions contained in the Surf Air Membership Agreement (the “Agreement”). In the Surf Air Credit Terms and Conditions, “you” and “your” means the member who has purchased SurfCredit. “We” or “our” means Surf Air Inc,

REDEMPTION

• SurfCredit may be used towards On-Demand Charter and single seats for the primary member on Scheduled Service (when technologically available).
• Visit fly.surfair.com and login to book on-demand flights, or contact our sales team to use SurfCredit.
• Flights booked with a representative may incur an administrative fee.
• FET/TAX and surcharges are levied at the point of booking each flight and deducted from the SurfCredit balance.
• Each flight booked using SurfCredit is subject to the On Demand Charter Terms and Conditions unless otherwise stated.

SURF AIR CREDIT TERMS & CONDITIONS

• SurfCredit expires once used, after 12 calendar months, or upon membership termination, whichever is first.
• SurfCredit is not refundable, exchangeable, or redeemable and it is not a credit, debit, or charge card. No implied warranties attached to it.
• SurfCredit may be used to make purchases only up to the available balance on file.
• The available balance is reduced by the amount of each purchase of goods or services and by other deductions, if any, that may be required by law.
• If you want to use SurfCredit to make a purchase that exceeds the available balance available, you may combine Credit with additional payment from another funding source.
• SurfCredit is utilized before Bonus Credit.
• You agree that Surf Air is not responsible if you do not have enough SurfCredit funds to facilitate a transaction.
• We may modify or update these Terms and Conditions at any time without notice to you.
• Surf Air Bonus/ Complimentary Credit granted as compensation or as part of a promotion is to be treated the same as “SurfCredit” but expire 90 days after grant date unless specified otherwise in writing.

RESTRICTIONS

• We reserve the right to correct your SurfCredit balance if we believe that a clerical, billing, or accounting error has occurred. You also agree that we may deactivate, cancel or suspend your SurfCredit if we suspect fraud, unlawful activity, or improper use.
• If the member doesn’t have a membership or membership lapses whilst there is still a credit balance, then Membership dues will be billed monthly to the credit balance or credit card on file for $295/month.
• SurfCredit may not be used to buy more SurfCredit, additional Surf Air Memberships or some ancillary products and services that are not directly related to a specific flight confirmed departure.

Valid for all Surf Air Credit Members, unless otherwise stated:

• FLIGHT RECOVERY
  Surf Air offers complimentary flight recovery to all Members with Surf Air Credit. Should any issues arise with an aircraft post-booking, Surf Air will provide at least one complimentary and comparable alternative option. Members have the option to accept the alternative, request additional options which may incur additional costs, or receive a full refund in Surf Air Credit.
• CANCELLATION POLICY
  Trips canceled at least 48 hours prior to the departure time are eligible for a 100% refund in Surf Air credit. Trips canceled within 48 hours are nonrefundable. ‘Trip’ is defined as the first leg of the confirmed itinerary. One-way, Empty Leg, or multi-leg bookings on aircraft categorized as midsize or larger are non-refundable once confirmed.
• ROUTE SPECIFIC RATES
  Route Specific Rates are subject to aircraft availability. Trips canceled at least 48 hours prior to the departure time are eligible for a 100% refund in Surf Air credit. Trips canceled within 48 hours are nonrefundable. ‘Trip’ is defined as the first leg of the confirmed itinerary.
• ITINERARY/MANIFEST CHANGES AND TRANSMITTAL OF CHANGES
  Itinerary and manifest changes are permitted and may be requested up until 72 hours prior to contracted departure. Changes are subject to aircraft/crew availability and any applicable price adjustments will apply. Notification of changes and/or cancellations must be in writing and transmitted to ondemand@surfair.com. Passengers who cancel inside our cancellation policy, who are no-shows or passengers arriving more than 15 minutes past the scheduled departure time will forfeit 100% of the flight costs.
• SUPPLEMENTAL CHARGES
  Client understands that total cost of the trip is subject to change as a result of increased taxi or flight time due to Air Traffic Control delays, the use of alternate airports due to weather conditions, FAA Temporary Flight Restrictions and customs clearance or availability. Additional fees such as unforeseen fuel surcharges, Wi-fi and phone charges, hangar, deicing, special cleaning, special event, call-out and international fees, crew expenses and similar out of pocket expenses relating to the services provided will be billed at cost. Optional add-ons including but not limited to: Ground transportation, catering, special stock requests, etc will be charged to the Client with a service fee. Client understands that full settlement of trips may take up to six months to be invoiced as well as, agrees to indemnify and reimburse Surf Air for all expenses incurred by Client or their guests.
• PETS
  Pets are generally allowed. However, prior approval is required and acceptance will be determined on a variety of factors. Additional charges may apply.
• LANDING PERMITS AND AIRPORT SLOTS
  Flights to and from major airports are subject to slot availability and landing permits. Actual departure or arrival times may differ from contracted times. Surf Air is not responsible for any delays as a result of slot, permit, customs and border or other operational changes and restrictions. Members with the Credit, Destination or Guaranteed rate add-on who request flights at major and/or congested airports may be subject to additional charges.
• INTERNATIONAL FLIGHTS
  All international flights will be considered tentative pending receipt of all required authorizations and permits. In rare instances, specific cancellation terms may apply to international flights and these will be communicated by Surf Air on a case-by-case basis.

In addition to the above terms, by joining, upgrading or opting in, all members agree to the Surf Air Membership Agreement which can be found here.

TERMS AND CONDITIONS
The terms and conditions relating to the booking, operation of, and payment for an on-demand flight through Surf Air Inc. (“Surf Air”) on behalf of the individual or entity requesting the on-demand flight service (“Client”) are set forth below. Surf Air and Client are sometimes referred to in these terms and conditions individually as a “Party” and collectively as the “Parties”.

GENERAL
Flights provided by Surf Air for Client are performed by independent, third-party FAA-licensed and DOT-registered air carriers (each, an “Air Carrier”) that have undergone Surf Air’s safety assessment.

INSTANT BOOK
Instant Book is Surf Air’s pricing and availability guarantee. Surf Air guarantees the price, and availability of your selected aircraft and gives you peace of mind that there will be no additional costs to confirm your booking on the selected aircraft model or a comparable aircraft within the same category. A sliding departure may apply to all non member instant bookings and exact times will be provided along with your confirmation. Most domestic flights booked outside of 72 hours from scheduled departure qualify for Instant Book, flights booked fly.surfair.com that qualify for Instant Book are clearly notated with an instant book checkmark. If you book your flight with our team, they will let you know in writing if your flight qualifies for Instant Book at the time of booking.

FLIGHT RECOVERY
Surf Air offers complimentary flight recovery to all Members with Surf Air Credit. Should any issues arise with an aircraft post-booking, Surf Air will provide at least one complimentary and comparable alternative option. Members have the option to accept the alternative, request additional options which may incur additional costs, or receive a full refund in Surf Air Credit. Non Credit Members will be presented with options that may be subject to additional cost or can opt to receive a full refund in Surf Air Credit. Complimentary recovery does not apply to flights categorized as empty legs.

SUPPLEMENTAL CHARGES
Client understands that total cost of the trip is subject to change as a result of increased taxi or flight time due to Air Traffic Control delays, the use of alternate airports due to weather conditions, FAA Temporary Flight Restrictions and customs clearance or availability. Additional fees such as unforeseen fuel surcharges, Wi-fi and phone charges, hangar, deicing, special cleaning, special event, call-out and international fees, crew expenses and similar out of pocket expenses relating to the services provided will be billed at cost. Optional add-ons including but not limited to: Ground transportation, catering, special stock requests, etc will be charged to the Client with a service fee. Client understands that full settlement of trips may take up to six months to be invoiced as well as, agrees to indemnify and reimburse Surf Air for all expenses incurred by Client or their guests.

DOCUMENTATION
In accordance with the United States Transportation Security Administration (“TSA”) regulations and other governmental regulations, Client is required to comply with all TSA regulations, and will be required to present valid identification prior to departure for all flights. For international flights, Client must have a valid passport in his or her possession as well as any required visas or other entry documentation. Surf Air may share personal identifiable information you provide to us with authorized representatives of Air Carrier. The Air Carrier shall have the right to refuse boarding to any person without the required documentation or as a result of non-compliance with TSA or other government regulation without recourse or further obligation to Client by Surf Air or the Air Carrier.

ITINERARY/MANIFEST CHANGES AND TRANSMITTAL OF CHANGES
Itinerary and manifest changes are permitted and may be requested up until 72 hours prior to contracted departure. Changes are subject to aircraft/crew availability and any applicable price adjustments will apply. Notification of changes and/or cancellations must be in writing and transmitted to ondemand@surfair.com. Passengers who cancel inside our cancellation policy, who are no-shows or passengers arriving more than 15 minutes past the scheduled departure time will forfeit 100% of the flight costs.

CANCELLATION POLICY
One-way or multi-leg bookings on aircraft categorized as midsize or larger are non-refundable once confirmed. Members: Flights canceled at least 48 hours prior to the departure time are eligible for a 100% refund in Surf Air credit. Non-Members: Flights canceled at least 72 hours prior to the departure time are eligible for a 100% refund in Surf Air credit. 

RESPONSIBILITY
Surf Air shall not be liable for any injury, damage, loss, expense, indirect, special or consequential damages, or other irregularity caused by the defect of any vehicle or conveyance, or the negligence of any company or person engaged in conveying Client or carrying out the arrangements for Client’s trip or by accident, delay, flight schedule, change, cancellation, sickness, weather, strikes, war, quarantine, or any similar cause.

FORCE MAJEURE
Notwithstanding anything to the contrary, neither Surf Air nor any Air Carrier subcontracted by Surf Air is liable for the delay or failure to provide an aircraft or perform the on-demand flight service when such delay or failure is caused by Force Majeure. “Force Majeure” means an act of God, strike or lockout or other labor dispute, act of a public enemy, war (declared or undeclared), terrorism, public health concern, a positive diagnosis of a communicable disease such as but not limited to COVID-19, quarantine (whether declared by a national authority or by an international organization such as the United Nations), Flight Restrictions in the Proximity of the Presidential and Other Parties (14 CFR Section 91.141), blockade, revolution, civil commotion, fire, any weather-related event affecting the safety of flight, flood, earthquake, explosion, governmental restraint, embargo, mechanicals, inability to obtain or delay in obtaining equipment, parts or transport, inability to obtain or delay in obtaining governmental approvals including TFR’s, permits, licenses or allocations, and any other cause outside of the complete control of Surf Air or the Air Carrier, as applicable, whether or not of the kind specifically listed above. In addition, Client understands and agrees that when, in the sole discretion of the Air Carrier or the pilots of an aircraft, safety may be compromised, Surf Air, such Air Carrier or the crew of the aircraft may cancel an on-demand flight service, refuse to commence a flight service, or take other necessary action without breaching its duties or obligations to Client or be liable for any loss, injury, damage or delay. Notwithstanding the above, in the event an on-demand flight is canceled as a result of events outlined above, Surf Air will provide the services described under “Responsibility” above.

INSURANCE:
Surf Air does not own or operate any aircraft on which the on-demand flight services are performed, and does not directly carry any aviation insurance unless specifically noted. The client understands and agrees that it is the sole responsibility of the Air Carrier to maintain aviation liability insurance coverage. An Air Carrier’s liability insurance certificate may be obtained at the Client’s request.

CARRIAGE OF FIREARMS & HAZARDOUS MATERIAL (HAZMAT):
Surf Air or the Air Carrier must be notified at the time of booking if the passengers wish to transport a firearm or hazmat onboard the Air Carrier’s aircraft. Firearms are allowed onboard the aircraft so long as they are transported in accordance with FAA/TSA regulations and are inspected by qualified staff of the Air Carrier.

PETS
Pets are generally allowed. However, prior approval is required and acceptance will be determined on a variety of factors. Additional charges may apply.

PASSENGER AND BAGGAGE WEIGHT RESTRICTIONS
Due to aircraft performance limitations, Clients and their guest(s) will be required to provide their personal weight and estimate of planned baggage weight. The Pilot-In-Command will have final determination on any baggage item that is either overweight or oversized. For flights booked within 48 hours from departure, the client must provide complete passenger information, along with passenger and luggage weight / description at the time of booking. Any subsequent changes are subject to final approval from the Pilot in Command.

INTERNATIONAL FLIGHTS
All international flights will be considered tentative pending receipt of all required authorizations and permits. In rare instances, specific cancellation terms may apply to international flights and these will be communicated by Surf Air on a case-by-case basis.

LANDING PERMITS AND AIRPORT SLOTS
Flights to and from major airports are are subject to slot availability and landing permits. Actual departure or arrival times may differ from contracted times. Surf Air is not responsible for any delays as a result of slot, permit, customs and border or other operational changes and restrictions. Members with the Credit, Destination or Guaranteed rate add-on who request flights at major and/or congested airports may be subject to additional charges.

PASSENGER CONTACT INFORMATION
Collection and accuracy of all passenger contact information will be the responsibility of the Client signing these terms and conditions with Surf Air. If that person is to be a passenger on the quoted flight, they will be responsible to designate an alternate contact not traveling on the same flight. In the event of any incident or accident, it will be the responsibility of that person/alternate to make contact with all involved passenger representatives.

INDEMNITY
Client agrees to indemnify and hold Surf Air and its affiliates and their respective officers, directors, managers, employees and agents (each, an “Indemnified Party”), harmless from and against any and all claims, loss, damage, demands, losses, liabilities, injury or expense (including attorneys’ fees and costs) (collectively, “Losses”) that the Indemnified Party incurs arising out of or in connection with Client’s gross negligence, willful misconduct, violation of the rights of any third party (including other passengers) or third-party goods or service providers; provided, however that Client shall not be liable for the indemnification of any Losses arising out of the Indemnified Party’s gross negligence, willful misconduct or breach of these terms and conditions.

ARBITRATION
In the event of a dispute under the price quotation or these terms and conditions, where such dispute has not been settled within ninety (90) days after written notice from either Party to the other of the existence of the dispute, the Parties agree that, at the request of either Party, such dispute will be submitted exclusively for binding arbitration. Arbitration conditions can be found here: https://www.surfair.com/us/legal/

PRIVACY POLICY
Surf Air respects the privacy of each Client. By using any of Surf Air’s sites and services or otherwise providing Surf Air with any information, the Client hereby consents to the handling of their information as described in Surf Air’s privacy policy, which can be viewed on its website at https://www.surfair.com/us/legal/#section-1

PRICES, PAYMENTS
All prices quoted in the attached price quotation are accurate on the date quoted. Flights are not confirmed until payment is completed at checkout. Payment or credit card pre-authorization for wire payments will be due upon booking an on-demand flight.

PAYMENT AUTHORIZATION:
Prepayment via credit card is required at the time of booking to secure the reservation. Prices are not guaranteed until payment is received. If paying by wire, a credit card will be collected to remain on file for pre-authorization.

EMPTY LEG FLIGHTS:
Flights classified as empty legs are make and model specific, for the entire aircraft, subject to availability and non refundable once booked. Changes in the itinerary may be requested but are not guaranteed and subject to additional charges. Complimentary recovery does not apply to flights categorized as empty legs.

Product Overview

Our Guaranteed Occupied Rates Membership makes flying simple, as you only pay for the time you’re in the air, so you’ll never need to worry about repositioning or dead leg fees. With access to thousands of aircraft throughout North America and beyond, this membership offers guaranteed hourly occupied rates across seven different aircraft categories.

Membership Benefits:

• Guaranteed Availability: Members are required to provide just 48 hours’ notice to secure a guaranteed booking within a chosen category. Within 48 hours Surf Air will present options which may include a surcharge.
• Guaranteed Booking: Surf Air guarantees the price, and availability of your selected aircraft category and gives you peace of mind that there will be no additional costs post-flight confirmation on the selected aircraft model or a comparable aircraft within the same category.
• Complimentary Flight Recovery: Should any issues arise with an aircraft post-booking, Surf Air will provide at least one complimentary and comparable alternative option. Members have the option to accept the alternative, request additional options (which may incur additional costs,) or receive a full refund.
• In-House Team: With a personal account representative, along with around-the-clock access to our in-house support, flight tracking, and experience team you’ll find yourself in safe and capable hands with Surf Air.

Rates:

• • Only pay for the time you’re in the air, and never pay for repositioning or dead legs. Rates do not include FET, Hawaii/Alaska or International Head Tax.

General Terms & Restrictions:

1. MEMBERSHIP DUES: Annual Surf Air Membership plus a minimum deposit of $250,000 is required.
2. CATEGORY EXAMPLES:
   • Turboprop: PC12, King Air
   • Very Light Jet: Eclipse, Citation Mustang/M2, Phenom 100, CJ1, SF50 Vision Jet
   • Light Jet: HondaJet, Citation CJ Series, Citation Bravo, Citation Encore, Hawker 400XP, Learjet 40/45/75
   • Mid: Citation XLS, Gulfstream 150, Hawker 800/900XP, Learjet 60
   • Super Mid: Challenger 300, Citation X, Citation, Sovereign, Falcon 50EX, Gulfstream 200
   • Heavy: Challenger 604/605, Falcon 2000
   • Long Range: Falcon 900EX, Legacy 600/650, Gulfstream G-550, Gulfstream G-650
3. RATES:
   1. Contiguous U.S. rates apply to bookings where all departures and arrivals are within 100 nautical miles of the Continental United States; Excludes flights to and from Hawaii, Alaska, or any US Territories (Puerto Rico, Guam, USVI).
   2. International rates apply to bookings that include at least one departure or arrival outside 100 nautical miles of the Continental United States. Bookings that depart or arrive 100 nautical miles outside of the Continental U.S. are subject to availability and do not adhere to the above-posted hourly rates.
4. MINIMUMS: Minimum billable flight time per segment will apply depending on selected aircraft category. All hourly rates are calculated in 6-minute increments.
5. FUEL SURCHARGE: An hourly fuel surcharge is included in the hourly rate and applies to all bookings unless otherwise stated.
6. OVERNIGHT CHARGES: Daily overnight charges apply for trips with a duration of 48 hours or less. Overnight charges may apply for trips 72+ hours.
7. LEAD PASSENGER: The named lead passenger (member) must fly, but additional lead passengers may be added for a one-time fee of $3,540.
8. GUARANTEED AVAILABILITY: An aircraft must be secured 48 hours in advance of desired departure date, in order to receive the Guaranteed Occupied Rates. Requests received within 48 hours of desired departure date, Surf Air will present options which may include a surcharge.
9. GUARANTEED BOOKING: In the event that the requested aircraft or aircraft category is unavailable for the date requested Surf Air will present an aircraft from a larger aircraft category while honoring the requested aircraft category’s price.
10. FLIGHT CONFIRMATION: Each flight booked requires a completed digital or physical contract from the lead passenger, this contract will contain all terms and conditions relating to the flight, including cancellation policy and weight, balance, customs, and other general terms.
11. FLIGHT CANCELLATION: Trips canceled at least 48 hours prior to the departure time are eligible for a 100% refund in Surf Air credit. Trips canceled within 48 hours are nonrefundable. ‘Trip’ is defined as the first leg of the confirmed itinerary. One-way or multi-leg bookings on aircraft categorized as midsize or larger are non-refundable once confirmed.
12. PERMITS, SLOTS AND SPECIAL EVENTS: Flights to and from major airports are subject to slot availability, landing permits and supplemental fees. Actual departure or arrival times may differ from contracted times. Surf Air is not responsible for any delays as a result of slot, permit, customs and border or other operational changes and restrictions. Members with the Credit, Destination or Guaranteed rate add-on who request flights at major and/or congested airports may be subject to additional charges.
13. ITINERARY/MANIFEST CHANGES AND TRANSMITTAL OF CHANGES: Changes are subject to aircraft/crew availability and any applicable price adjustments will apply. Notification of changes and/or cancellations must be in writing and transmitted to ondemand@surfair.com. Passengers who cancel inside our cancellation policy, who are no-shows or passengers arriving more than 15 minutes past the scheduled departure time will forfeit 100% of the flight costs.
14. SUPPLEMENTAL CHARGES
    Client understands that total cost of the trip is subject to change as a result of increased taxi or flight time due to Air Traffic Control delays, the use of alternate airports due to weather conditions, FAA Temporary Flight Restrictions and customs clearance or availability. Additional fees such as unforeseen fuel surcharges, Wi-fi and phone charges, hangar, deicing, special cleaning, special event, call-out and international fees, crew expenses and similar out of pocket expenses relating to the services provided will be billed at cost. Optional add-ons including but not limited to: Ground transportation, catering, special stock requests, etc will be charged to the Client with a service fee. Client understands that full settlement of trips may take up to six months to be invoiced as well as, agrees to indemnify and reimburse Surf Air for all expenses incurred by Client or their guests.
15. PETS
    Pets are generally allowed. However, prior approval is required and acceptance will be determined on a variety of factors. Additional charges may apply.
16. RESTRICTIONS:
    1. We reserve the right to correct your balance if we believe that a clerical, billing, or accounting error has occurred. You also agree that we may deactivate, cancel, or suspend your membership and credit if we suspect fraud, unlawful activity, or improper use.
    2. If the member doesn’t have a membership or membership lapses whilst there is still a credit balance, then Membership dues will be billed monthly to the credit balance or credit card on file for $295/month.

The Destination Membership is a membership add-on that offers heavily discounted fixed-price private flights under a pre-agreed flight length from any qualifying airport. Members are required to be flexible with their departure times, and availability is not guaranteed until each flight is booked and confirmed with our team. The destination membership add-on is available on the Pilatus PC-12 and can accommodate multiple regions in North America.

Pricing Details: 

• Membership Required
• Additional Named Lead Passengers: $3,540
• Alternative Airport & Mileage Requests: Fee applies – request approval at booking

Rates: 

**Pricing starting 01/01/2024 and onward

Destination Membership Add-On General Terms & Restrictions:

1. Qualifying Airports: Flights must arrive and depart from a domestic qualifying airport, and some airports are excluded due to runway length, governance, or subject to additional fees. Speak with our team for a list of up-to-date qualifying airports and to receive updated pricing for international destinations.
2. Qualifying Airport & Mileage Exceptions: Exceptions may be requested and if approved may incur an additional cost. Mileage calculated using great circle distance (statute miles).
3. Expiration: Unless otherwise stated in your Membership Agreement, flights expire once used, after 12 calendar months, or upon membership termination, whichever is first.
4. Aircraft: Surf Air will provide an aircraft in your chosen category, or equivalent suitable to fly the requested flight, but no specific aircraft model is implied or guaranteed.
5. Availability: Guaranteed availability is not included with this membership, but the more notice you provide the higher likelihood your flight can be facilitated, especially during busy periods. Please speak with a membership director if you require guaranteed availability and they will provide options for products and membership that include Guaranteed Availability with as little as 24 hours’ notice.
6. Flight Requests: Unlike conventional charter flights, flights requested as part of the Destination Membership are subject to availability, and members must be flexible with departure dates and times. If no aircraft is available for your requested dates/times we will provide at least one alternative date/time, that is included with your membership, along with additional options that may incur an additional cost.
7. Cancellation Policy: Flights canceled at least 48 hours prior to the departure time are fully refundable. Flights canceled within 48 hours of scheduled departure time are non refundable. For the Destination Add-On, each leg will be considered a separate and individual flight. The Destination Membership add-on is non-refundable.
8. Adjustments: Surf Air reserves the right to make reasonable changes to your departure and/or arrival airport, aircraft, and departure times and requires all members with the Destination Membership to be flexible to accomplish significant discounting. Please speak with a membership director to make sure this is the right product for you
9. Lead Passenger: The named lead passenger (member) must fly, but additional lead passengers may be added for a one-time fee of $3,540.
10. Not Guaranteed: Flights that are flown as part of the Destination Membership do not qualify as instant book flights.
11. Flight Recovery:  Should any issues arise post-booking that require a recovery / alternative aircraft, Surf Air will provide at least one alternative backup option, members with the Destination Add-On can accept this backup option and are responsible for additional cost, or can opt to have the flight leg returned to their flight balance and re-book for another date/time. Please consult with your Membership Director to ensure this is the right membership program for your needs.
12. Upgrades and special requests: These can be accommodated but will be subject to additional charges.
13. Additional Discounts: Credits may be available for same-day round-trip requests.
14. Additional Conditions: We reserve the right to correct your Destination Membership balance if we believe that a clerical, billing, or accounting error has occurred. You agree that we may deactivate, cancel, or suspend your Destination Membership if we suspect fraud, unlawful activity, or improper use. The Destination Membership add-on is non-refundable.
15. Flight Confirmation: Each flight booked requires a signed digital or physical contract from the lead passenger, this contract will contain all terms and conditions relating to the flight, including cancellation policy and weight, balance, customs, and other general terms.
16. Pets: Pets are generally allowed. However, prior approval is required and acceptance will be determined on a variety of factors. Additional charges may apply.
17. Supplemental Charges: Client understands that total cost of the trip is subject to change as a result of increased taxi or flight time due to Air Traffic Control delays, the use of alternate airports due to weather conditions, FAA Temporary Flight Restrictions and customs clearance or availability. Additional fees such as unforeseen fuel surcharges, Wi-fi and phone charges, hangar, deicing, special cleaning, special event, call-out and international fees, crew expenses and similar out of pocket expenses relating to the services provided will be billed at cost. Optional add-ons including but not limited to: Ground transportation, catering, special stock requests, etc will be charged to the Client with a service fee. Client understands that full settlement of trips may take up to six months to be invoiced as well as, agrees to indemnify and reimburse Surf Air for all expenses incurred by Client or their guests.
18. Communications: Pre-booking flight requests should be submitted via the destination membership booking form, which is provided to members when they join. Post-booking flight requests, changes, and cancellations should be sent to trips@surfair.com
19. Purchase: This membership add-on can only be purchased with a Surf Air Membership Director and each member must acknowledge the special terms and conditions that apply to this product in order to purchase.

The Scheduled Flight Sale

Terms and conditions: Fares are one-way. Seats are limited and may not be available on all flights or all days. Blackout dates and seven-day advance purchase requirements may apply. A ticket purchased at an airport location or through one of our reservation call centers will cost $50.00 more per person than the advertised fare. The baggage allowance is 30 pounds per ticketed passenger, and excess baggage is not permitted. These fares are refundable until 14 days prior to departure. Fares are eligible for our 24-hour cancellation policy and are eligible for a 100% credit when canceled at least three days prior to departure of the first flight on the ticket. Applicable fare and tax differences apply to any changes made after ticketing. Fares include U.S. government taxes and fees. All fares are subject to change without notice and other restrictions apply. Some markets may not operate daily service. Surf Air Inc. is not an air carrier and does not own or operate any aircraft. Surf Air Inc. acts as a ticket agent. All flights sold by Surf Air Inc. are performed by Southern Airways Express or independent, third-party air carriers.

INTRODUCTION
These terms and conditions (“Terms”) govern the use of the crowdfunded charter service (“Service”) provided by Surf Air (“Company”). By purchasing a seat on a charter flight through our marketplace or sales team, you (“Customer”) agree to be bound by these Terms.

SUMMARY
The customer understands they are not purchasing a seat, but instead that they a purchasing a public charter. Each passenger is paying their share of the entire charter price and is part of a group collectively chartering a flight. As part of the booking process, each customer agrees to appoint the company as its agent for this purpose.

BOOKING PROCESS

• Seats on charter flights will be posted on our marketplace with assigned prices, each seat is the same price.
• Customers can purchase seats through our marketplace at fly.surfair.com or through contacting our team via crowdflights@surfair.com.

FLIGHT CONFIRMATION

• The flight will proceed if more than 59% of the available seats are sold 3 days (72 hours) before departure, otherwise, the flight will be canceled and bookings will be refunded to the original form of payment, minus any payment processing fees.
• In some cases, Surf Air may reach out to individuals to enquire if they would be interested in paying an additional fee to ensure the flight departs.

PAYMENT
Payment for seat(s) must be made in full at the time of booking. We accept payment via Credit Card, Wire, or Surf Air Credit.

CANCELLATION & REFUNDS

• Once a seat is purchased, it cannot be canceled, and refunds will not be provided.
• Customers have the option to transfer their seat to another person at any time prior to departure. The Company must be notified of any seat transfers by emailing crowdflights@surfair.com.

FLIGHT OPERATION

• The Company reserves the right to make changes to flight schedules, routes, or aircraft as necessary.
• The Company will provide updates to customers regarding any changes to flight details.

PASSENGER RESPONSIBILITIES 

• Passengers are responsible for complying with all security procedures and requirements set forth by the relevant authorities.
• Passengers must arrive at the departure point at least 30 minutes before the scheduled departure time.

RESPONSIBILITY & LIABILITY 
​​Surf Air shall not be liable for any injury, damage, loss, expense, indirect, special, or consequential damages, or other irregularity caused by the defect of any vehicle or conveyance, or the negligence of any company or person engaged in conveying Client or carrying out the arrangements for Client’s trip or by accident, delay, flight schedule, change, cancellation, sickness, weather, strikes, war, quarantine, or any similar cause. The Company is not liable for any delays or cancellations beyond its control, non-fully funded and subsequently canceled crowd-funded flights, including but not limited to weather conditions, air traffic control restrictions, or mechanical issues.

PRIVACY POLICY
Surf Air respects the privacy of each Client. By using any of Surf Air’s sites and services or otherwise providing Surf Air with any information, the Client hereby consents to the handling of their information as described in Surf Air’s privacy policy, which can be viewed on its website at https://www.surfair.com/us/legal/#section-1.

INDEMNITY
Client agrees to indemnify and hold Surf Air and its affiliates and their respective officers, directors, managers, employees and agents (each, an “Indemnified Party”), harmless from and against any and all claims, loss, damage, demands, losses, liabilities, injury or expense (including attorneys’ fees and costs) (collectively, “Losses”) that the Indemnified Party incurs arising out of or in connection with Client’s gross negligence, willful misconduct, violation of the rights of any third party (including other passengers) or third-party goods or service providers; provided, however that Client shall not be liable for the indemnification of any Losses arising out of the Indemnified Party’s gross negligence, willful misconduct or breach of these terms and conditions.

INSURANCE
Surf Air does not own or operate any aircraft on which the crowdfunded services are performed, and does not directly carry any aviation insurance unless specifically noted. The client understands and agrees that it is the sole responsibility of the Air Carrier to maintain aviation liability insurance coverage. An Air Carrier’s liability insurance certificate may be obtained at the Client’s request.

CARRIAGE OF FIREARMS & HAZARDOUS MATERIAL (HAZMAT)
Surf Air or the Air Carrier must be notified at the time of booking if the passengers wish to transport a firearm or hazmat onboard the Air Carrier’s aircraft. Firearms are allowed onboard the aircraft so long as they are transported in accordance with FAA/TSA regulations and are inspected by qualified staff of the Air Carrier.

FORCE MAJEURE
Notwithstanding anything to the contrary, neither Surf Air nor any Air Carrier subcontracted by Surf Air is liable for the delay or failure to provide an aircraft or perform the on-demand flight service when such delay or failure is caused by Force Majeure. “Force Majeure” means an act of God, strike or lockout or other labor dispute, act of a public enemy, war (declared or undeclared), terrorism, public health concern, a positive diagnosis of a communicable disease such as but not limited to COVID-19, quarantine (whether declared by a national authority or by an international organization such as the United Nations), Flight Restrictions in the Proximity of the Presidential and Other Parties (14 CFR Section 91.141), blockade, revolution, civil commotion, fire, any weather-related event affecting the safety of flight, flood, earthquake, explosion, governmental restraint, embargo, mechanicals, inability to obtain or delay in obtaining equipment, parts or transport, inability to obtain or delay in obtaining governmental approvals including TFR’s, permits, licenses or allocations, and any other cause outside of the complete control of Surf Air or the Air Carrier, as applicable, whether or not of the kind specifically listed above. In addition, Client understands and agrees that when, in the sole discretion of the Air Carrier or the pilots of an aircraft, safety may be compromised, Surf Air, such Air Carrier or the crew of the aircraft may cancel an on-demand flight service, refuse to commence a flight service, or take other necessary action without breaching its duties or obligations to Client or be liable for any loss, injury, damage or delay. Notwithstanding the above, in the event an on-demand flight is canceled as a result of events outlined above, Surf Air will provide the services described under “Responsibility” above.

SUPPLEMENTAL CHARGES
The client understands that the total cost of the trip is subject to change as a result of increased taxi or flight time due to Air Traffic Control delays, the use of alternate airports due to weather conditions, FAA Temporary Flight Restrictions and customs clearance or availability. Additional fees such as unforeseen fuel surcharges, Wi-fi and phone charges, hangar, deicing, special cleaning, special event, call-out and international fees, crew expenses and similar out of pocket expenses relating to the services provided will be billed at cost. Optional add-ons including but not limited to: Ground transportation, catering, special stock requests, etc will be charged to the Client with a service fee. Client understands that full settlement of trips may take up to six months to be invoiced as well as, agrees to indemnify and reimburse Surf Air for all expenses incurred by Client or their guests.

DOCUMENTATION
In accordance with the United States Transportation Security Administration (“TSA”) regulations and other governmental regulations, Client is required to comply with all TSA regulations, and will be required to present valid identification prior to departure for all flights. For international flights, Client must have a valid passport in his or her possession as well as any required visas or other entry documentation. Surf Air may share personal identifiable information you provide to us with authorized representatives of Air Carrier. The Air Carrier shall have the right to refuse boarding to any person without the required documentation or as a result of non-compliance with TSA or other government regulation without recourse or further obligation to Client by Surf Air or the Air Carrier.

PETS
Pets are generally allowed. However, prior approval is required and acceptance will be determined on a variety of factors. Additional charges may apply.

PASSENGER AND BAGGAGE WEIGHT RESTRICTIONS
Due to aircraft performance limitations, Clients and their guest(s) will be required to provide their personal weight and estimate of planned baggage weight. The Pilot-In-Command will have final determination on any baggage item that is either overweight or oversized. For flights booked within 48 hours from departure, the client must provide complete passenger information, along with passenger and luggage weight / description at the time of booking. Any subsequent changes are subject to final approval from the Pilot in Command.

LANDING PERMITS AND AIRPORT SLOTS
Flights to and from major airports are are subject to slot availability and landing permits. Actual departure or arrival times may differ from contracted times. Surf Air is not responsible for any delays as a result of slot, permit, customs and border or other operational changes and restrictions. Members with the Credit, Destination or Guaranteed rate add-on who request flights at major and/or congested airports may be subject to additional charges.

PASSENGER CONTACT INFORMATION
Collection and accuracy of all passenger contact information will be the responsibility of the Client signing these terms and conditions with Surf Air. If that person is to be a passenger on the quoted flight, they will be responsible to designate an alternate contact not traveling on the same flight. In the event of any incident or accident, it will be the responsibility of that person/alternate to make contact with all involved passenger representatives.

ARBITRATION
In the event of a dispute under the price quotation or these terms and conditions, where such dispute has not been settled within ninety (90) days after written notice from either Party to the other of the existence of the dispute, the Parties agree that, at the request of either Party, such dispute will be submitted exclusively for binding arbitration. Arbitration conditions can be found here: https://www.surfair.com/us/legal/.

GOVERNING LAW
These Terms are governed by the laws of California. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of California.

CONTACT US
If you have any questions or concerns regarding these Terms, please contact us at crowdflights@surfair.com.