1. GENERAL: When you purchase a Flewber Inc. (Flewber) flight, a contract is made, and each party has certain rights and obligations as set forth below. Flewber located at 7110 Republic Airport Farmingdale, NY 11735. All Parties purchasing a flight must be 18 years of age or older, all minors on a Flewber flight must be accompanied by a legal guardian 18 years of age or older. The price of your trip, dates of the outbound and return flights, origin and destination cities, and other conditions, are as specified in the applicable Flewber issued itinerary and are incorporated herein by reference. The price includes only the air transportation and ancillary services specified in the Flewber issued itinerary; it does not include hotel accommodations or other ground accommodations or services unless otherwise specified.
2. RESERVATIONS AND PAYMENT: Reservations are made directly through the Flewber app. Unless and until full payment has been made and you receive a confirmation email, you do not have a confirmed reservation. The only form of payment accepted for transportation on Flewber flights is credit card or debit card. Payment by credit card is not final and is subject to refund prior to the acceptance of this agreement on the Flewber app.
3. AIR TRANSPORTATION: Flewber flights are operated by PONDEROSA AIR LLC. (FAA certificate # 1POA204M) or other duly licensed air carriers. The air carrier supplies the air transportation subject to all applicable laws, regulations, and international agreements governing air transportation. Flewber and the air carrier reserve the right to substitute another duly licensed air carrier and/or to change the aircraft type within the same category and capacity. No refund will be given for such substitutions or changes. Travel documents issued by Flewber are neither endorsable to other carriers nor usable on other routes of the same carrier. Flight dates and times are not guaranteed. Flewber will provide full disclosures of duly licensed air carriers in accordance with 14 CFR Part 295.
4. CHECK-IN INFORMATION: Please refer to your itinerary for check-in information. Passengers must present themselves for check-in at least fifteen (15) minutes prior to scheduled departure time unless notified otherwise. If you are not present at the boarding area at least ten (10) minutes prior to scheduled departure you will be considered a “no-show” and your seat may be sold to a standby passenger and/or the flight may depart without you. In such event, neither Flewber nor the air carrier shall be responsible or liable for your transportation. Please refer to Paragraph 6 below for additional information on no-shows.
5. CANCELLATIONS BY CLIENT Client understands and acknowledges that the cancellation of any round-trip Reservation or portion thereof within three (3) calendar days of the scheduled departure date of the domestic trip or within four (4) calendar days of the scheduled departure date of the international trip, will result in a cancellation charge of 100% of the price for the trip. All one-way flights are subject to a 100% cancellation charge. Confirmed departures within seven (7) days of Peak Travel Days, as defined in Paragraph 6, below, are non-refundable, and the cancellation of any confirmed reservation within seven (7) days of departure either prior to or after the Peak Travel Days will result in a cancellation charge of 100% of the price for the trip. Client acknowledges that any change in date, time, itinerary, or type of aircraft may be deemed a cancellation and be subject to a cancellation charge. Client acknowledges that a “no show” will be considered a cancellation and the client will be charged 100% of the cost of the trip.
6. PEAK TRAVEL DAYS: Peak Travel Days include the following: Month of December and January, President’s Day, Easter Sunday, Passover, Memorial Day, Fourth of July, Labor Day, Thanksgiving, Super Bowl.
7. WAIT-LIST: For seats sold on a flight, if at the time your payment is received and there are not enough seats remaining on the flight to cover your reservation request, Flewber will notify you immediately and will refund your payment within 7 days, unless you notify Flewber that you prefer to be wait-listed for the flight. In that case Flewber will retain your payment and place your name on a waiting list. Within 7 days thereafter, but no later than the date of departure, Flewber will contact you and if the flight remains fully booked, will refund your payment at that time unless you decide to remain on the waiting list. In all cases Flewber will refund your payment no later than 5 days after the scheduled date of departure if you did not secure a seat on the flight.
8. BAGGAGE ALLOWANCE AND LIABILITY: Free baggage allowance per passenger is 50 pounds (consisting of one checked bag maximum), plus one carry-on bag not exceeding 45 inches in combined dimensions (length plus width plus height) or a personal item such as a purse, briefcase or laptop computer. Any overweight or oversized luggage (larger than suitcase size) will be carried, if at all, subject to weight and space restrictions and additional charges by the air carrier. For international flights, in accordance with the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Montreal, Canada on May 28, 1999 (the Montreal Convention), the air carrier’s liability for loss, damage or delay of baggage shall be limited to 1,131 Special Drawing Rights (equal to approximately $1,600.00 as of January 2018) per passenger, except in the case of loss, damage or delay to assistive devices of passengers with disabilities, as to which the limit does not apply. The air carrier must be notified of all baggage claims promptly upon discovery of the claim. The air carrier assumes liability only for baggage actually received by a representative of the air carrier from the individual passenger at airport check-in. Information on Special Drawing Rights is available at www.imf.org.
9. RESPONSIBILITY: FLEWBER IS THE PRINCIPAL AND IS RESPONSIBLE FOR MAKING ARRANGEMENTS TO PROVIDE THE SERVICES INCLUDED IN THE TRIP. In all cases, transportation is subject to all of the terms and conditions of the respective carrier’s applicable tariff and/or contract of carriage; in the case of scheduled airline service, refer to the air transportation ticket or equivalent document for conditions of contract and notice of incorporated terms, and inquire of the airline for additional details. Air carriers and other travel suppliers are not agents or employees of Flewber but are independent contractors over whom Flewber has no control. Accordingly, you hereby agree that, except as otherwise provided herein, FLEWBER IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS, INJURY, EXPENSE, DAMAGE TO PROPERTY OR PERSONAL SICKNESS, INJURY OR DEATH WHICH RESULTS DIRECTLY OR INDIRECTLY FROM (A) AN ACT OR OMISSION OF ANY AIR CARRIER OR OTHER TRAVEL SUPPLIER, OR (B) ANY OTHER CAUSE OR ACT, OF WHATSOEVER NATURE, BEYOND THE DIRECT AND IMMEDIATE CONTROL OF FLEWBER. Except as otherwise specified herein, in the event of non-operation of any flight due to reasons beyond the control of Flewber, Flewber’s sole liability shall be to refund to you that portion of the price allocated to the services not provided. Any deviation from the trip that you initiate is solely your responsibility.
10. IDENTIFICATION: BEFORE BOARDING, YOU MUST PRESENT A VALID STATE-ISSUED PHOTO IDENTIFICATION SUCH AS A DRIVER’S LICENSE; FOR INTERNATIONAL TRAVEL, A PASSPORT WITH AN EXPIRATION DATE SUBSEQUENT TO YOUR SCHEDULED RETURN DATE IS REQUIRED. THE NAME SHOWN IN THE PASSPORT OR OTHER PHOTO IDENTIFICATION SHOULD MATCH YOUR NAME AS IT APPEARS ON THE PASSENGER RESERVATION LIST. FOR INTERNATIONAL TRAVEL, ONE OR MORE VISAS MAY BE REQUIRED AS WELL, DEPENDING ON THE PASSENGER’S NATIONALITY AND THE DESTINATION OF THE FLIGHT. FAILURE OF A PASSENGER TO POSSESS A VALID PHOTO IDENTIFICATION (OR WHERE REQUIRED, UNEXPIRED PASSPORT AND ANY REQUIRED VISAS) WILL RESULT IN DENIAL OF BOARDING WITH NO REFUND.
11. NOTICES: All communication should be sent to Flewber, ATTN: CONSUMER AFFAIRS, at the address shown in Paragraph 1 above, or by email to support@flewber.com. Notices to Flewber are effective upon actual receipt by Flewber.
12. MISCELLANEOUS: This Agreement shall be governed by and construed in accordance with the laws of the State of New York, USA, without giving effect to conflict of law principles. Flewber reserves the right to amend this contract without notice to the passenger so long as such amendment is in compliance with applicable governmental regulations or waivers thereof. Additional restrictions may be imposed on one or more flights by any foreign governments involved. THE RIGHTS AND REMEDIES MADE AVAILABLE UNDER THIS CONTRACT ARE IN ADDITION TO ANY OTHER RIGHTS OR REMEDIES AVAILABLE UNDER APPLICABLE LAW; HOWEVER, ACCEPTANCE OF A REFUND FURNISHED UNDER THIS CONTRACT SHALL CONSTITUTE A WAIVER OF SUCH OTHER RIGHTS AND REMEDIES.
13. SIGNATURE: PASSENGER AGREES TO ALL TERMS AND CONDITIONS STATED ABOVE. WHEN PAYING BY CREDIT CARD, PASSENGER ADDITIONALLY ACCEPTS ALL TERMS AND CONDITIONS OF THE CARD ISSUER AGREEMENT.