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. or other duly licensed air carrier using 6-passenger executive-configured Golden Eagle Cessna 421C or similar aircraft. 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, capacity, and routing, and do not guarantee nonstop service. No refund will be given for such substitutions or changes. Additionally, and subject to the provisions of Paragraph 5 of this contract governing Major Changes, Flewber reserves the right to change the form of service from charter flight to scheduled flight and vice versa. Consumer protections afforded Public Charter passengers will apply only to those passengers who actually travel on a Public Charter flight. Passengers who actually travel on scheduled flights will receive only the consumer protections applicable to scheduled service. Travel documents issued by Flewber are neither endorse-able to other carriers nor usable on other routes of the same carrier. Flight dates and times are not guaranteed.
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 FLEWBER, PRICE TERMS, AND MAJOR CHANGES: Flewber reserves the right to cancel a flight for any reason, provided Flewber will notify you in writing within seven (7) days after the cancellation occurs, but no later than ten (10) days before the scheduled departure date. A full refund will be made within fourteen (14) days after such cancellation. Flewber WILL NOT CANCEL A FLIGHT LESS THAN TEN (10) DAYS BEFORE DEPARTURE, EXCEPT FOR CIRCUMSTANCES THAT MAKE IT PHYSICALLY IMPOSSIBLE TO PERFORM THE FLIGHT. If such a circumstance occurs, Flewber will notify you as soon as possible, and if the trip is canceled, Flewber will refund all monies within fourteen (14) days. IF Flewber MAKES A PRE-DEPARTURE “MAJOR CHANGE” TO A TRIP, YOU MAY CANCEL UP TO TWENTY-FOUR (24) HOURS BEFORE DEPARTURE AND RECEIVE A FULL REFUND WITHIN FOURTEEN (14) DAYS AFTER CANCELLATION. Only the following constitute a “major change:” (i) a change in the departure or return date unless the change results from a flight delay experienced by the air carrier, although a delay of longer than forty-eight (48) hours will always be considered a “major change;” (ii) a change in the origin or destination city; (iii) a price increase of more than ten (10) percent occurring ten (10) or more days before departure;. If a “major change” occurs, Flewber will notify you within seven (7) days after learning of the change, but at least ten (10) days before the scheduled departure. If Flewber first knows of the “major change” less than ten (10) days before departure, Flewber will notify you as soon as possible. IF A “MAJOR CHANGE” WHICH YOU ARE UNWILLING TO ACCEPT OCCURS AFTER YOUR OUTBOUND FLIGHT HAS BEEN COMPLETED, FLEWBER WILL REFUND, WITHIN FOURTEEN (14) DAYS AFTER YOUR SCHEDULED RETURN DAY, THAT PORTION OF YOUR PAYMENT WHICH APPLIES TO THE SERVICE NOT PROVIDED.
6. PASSENGER CANCELLATIONS, CHANGES OF DATES, AND REFUNDS: YOUR RIGHT TO RECEIVE A REFUND IF YOU CHANGE PLANS IS LIMITED. Except as provided below, payments to Flewber are 100% refundable when cancelled before 12AM the same day reservations are booked, 80% refundable or 100% site credit if cancelled 48 hours prior to a flight and 50% refundable or 100% site credit if cancelled 24 hours prior to a flight. Cancellations and any other requests should be made by contacting Flewber at 631-659-5700 ext. 1000 or by email at firstname.lastname@example.org. Refunds, where applicable, will be made within 14 days after the date of cancellation.
7. WAIT-LIST: If at the time your payment is received 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 email@example.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.