Thanks for using Aero! We at Aero Technologies (that’s us, “Aero”) are excited to have you as a customer and we welcome you here! This document is our Terms of Service (“Terms”) and we use “Services” to describe the services we make available on our website (aero.com) and mobile device application (“App”). Our Services help you connect with suppliers and partners to get anywhere in the world and stay there in convenience, comfort, and style. We call these suppliers “Air Travel Suppliers” and “Hotel Suppliers” or collectively “Third Party Suppliers.” You’ll note that our lawyers have asked us to capitalize and quote a few key terms here. The language is formal but, rest assured, our aim is simply to make certain you have a clear understanding of the Services provided to you and the Agreement you make with us as a condition of using them.
When you use Aero’s Services you’re acknowledging that you agree to our Terms. If you’re using our Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity. Simply put, we expect that if you agree to these Terms, you have the legal authority to do so for whoever you’re representing.
Aero is constantly innovating and we need to keep ourselves up-to-date with respect to changes in both business and law. We know that this is important to you, so expect that we will make updates to these Terms and features of our Services whenever we need to. The next time you use the Services after we make one of these updates, you agree to the new Terms.
These are the basic rules we need you to abide by:
If you send us comments, suggestions, complaints, or ideas (“Feedback”), you agree we can use that Feedback any way we like, including sending it on to our Third Party Suppliers. If we want to attribute your feedback to you, we’ll email you and ask first.
All payments are made in US Dollars. When you submit a payment, you are authorizing us to gather the required “Payment Information” (information we need to process your payment, like your credit card number and address) and process it directly or through our third party payment processor. You represent and warrant that you have the legal right to use this Payment Information to make your purchase. There may be additional taxes and fees such as international charges and currency conversions but we will show you these upon checkout. Keep in mind that your bank may charge you its own fees. For example, if you reserve a hotel through our Services but use that hotel’s page to checkout, your bank may charge you a foreign transaction fee. We may cancel your reservation if you do not make timely payments. There are more requirements specific to hotels and airfare below in Sections 8 and 9.
Our Third Party Suppliers also have their own terms for the particular flight or hotel you are reserving (“Third Party Supplier Terms”). You agree to these Third Party Supplier Terms in order to make a reservation with us. Some Third Party Suppliers may ask you to sign additional documents like liability waivers. If you violate these Third Party Supplier Terms we may cancel your reservation.
We or our Airline Travel Suppliers may remove people who do not behave in an acceptable and respectful way, without refund. In a worst case scenario, we may choose to remove you from a flight you have already boarded if your behavior warrants it. Treat people with kindness and courtesy though and this should not happen.
These rights include:
Different Airline Travel Suppliers handle cancellations differently. For example, if you don’t show up to the first flight in a round-trip reservation, some Airline Travel Suppliers will cancel your return trip automatically. For each flight you reserve, please review the Airline Travel Supplier’s own rules to make sure you understand how cancellations affect the rest of your reservation.
“Carrying” here includes in your luggage and on your person. These hazardous materials include explosive, radioactive material, infectious substance, flammable or combustible liquid, solid, or gas, toxic, oxidizing, or corrosive material, and compressed gas.
We may offer an upgrade to a Charter Flight from a refundable Commercial Flight. If you accept this upgrade, additional terms and conditions, including financial terms, will apply to your upgraded flight. These terms will be provided in-App for your review.
If your Charter Flight is cancelled and you selected a Commercial Flight backup, your payment made for the Charter Flight will be transferred to and used for the backup Commercial Flight, with any unused funds refunded to your original form of payment.
Occasionally, an operator may charge additional, situationally-incurred fees for your charter flight that we weren’t able to predict at the time of booking. For Charter Flights, you agree to pay additional fees for things like de-icing, additional flight time due to poor weather, diverted landings, and ground transportation (“Situational Expenses”) (you split these expenses with other riders if multiple people are on the same Charter Flight). You also agree to pay for personal additional costs (like Wi-Fi or special cleaning) that our Air Travel Suppliers charge to you. More information, including a list of Situational Expenses are available at tos.aeroapi.co/incidentals.
When you reserve a hotel through us, you are agreeing to let us make hotel reservations on your behalf with our Hotel Suppliers. Some Hotel Suppliers may ask you to submit payment directly to them, including in local currency.
If you cancel or change your prepaid hotel reservation, you will be charged the cancellation or change fee indicated in the rules or restrictions for the hotel reservation.
You may only use the App in the format you get it from the App Provider (defined below). You may not modify or hack the App in any way. Aero reserves all rights in and to the App aside from those expressly granted to you under these Terms.
We are not obligated to monitor access to or use of the Services, but we may choose to in order to enforce compliance with these Terms, our rights, and the law. In our sole discretion, we may remove or disable certain content, investigate violations of these Terms, and cooperate with law enforcement.
If a particular reservation or Account shows any signs of fraud, abuse, or suspicious activity, we may cancel the reservation, terminate any associated Account, and seek legal remedies. In the unlikely event that this happens, you may contest the cancellation of a reservation or freezing or closure of your Account, please contact our customer service at email@example.com.
We provide these links only as a convenience and are not responsible for where they lead.
Naturally, we’re hoping you have a great experience with our Services, but we respect your right to cancel your account at any time. You can do this by sending an email to us at firstname.lastname@example.org. We may also terminate any use of the Services in our sole discretion. Upon any termination, discontinuation or cancellation of the Services or your Account, the following sections will survive: 5, 12, 15, 16, 17, 18, 19, 20, 21, and 22.
At the risk of giving you the impression that our caps lock’s gone rogue, our lawyers have insisted the inclusions below are spelled out loud and clear!
THE SERVICES ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTIES. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
If you do something that gets us sued, or break any of the promises you make in these Terms, you agree to indemnify and hold Aero and our Third Party Suppliers’ harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services, or (ii) your violation of these Terms. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification clause, in which case you agree that you’ll cooperate and help us in asserting any defenses.
Again, sorry for the all-caps but this is an important one!
NEITHER AERO NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, NOR ANY THIRD PARTY SUPPLIER, WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (I) RESULTING FROM YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (II) FOR ANY LOST PROFITS, DATA LOSS, OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES; OR (III) FOR ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE. IN NO EVENT WILL OUR LIABILITY FOR DIRECT DAMAGES EXCEED THE AMOUNT YOU HAVE PAID OR IS PAYABLE BY YOU FOR THE TRANSACTION ON THE SERVICES RELATED TO YOUR SPECIFIC CLAIM OR ONE HUNDRED DOLLARS (\$100 USD) IF YOU HAVE NOT INITIATED ANY TRANSACTIONS THROUGH THE SERVICES, AS APPLICABLE.
Aero encourages you to contact us at email@example.com if you have any issues. If a dispute does arise, these Terms and any related action will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as described in Section 21 “Dispute Resolution for Consumers,” the exclusive jurisdiction for all Disputes (defined below) that you and Aero are not required to arbitrate will be the state and federal courts located in the Northern District of California, and you and Aero each waive any objection to jurisdiction and venue in such courts.
Our goal is to provide you with great service, so we’ll try our best to resolve any disagreements that you have with us. If we can’t, then you and we both agree to resolve disputes related to your use of the Services or these Terms (each, a “Claim”) in binding arbitration instead of court, except that (a) a Claim may be brought in small claims court if it qualifies for it and (b) either party may bring suit in court to enjoin the infringement or other misuse of intellectual property rights.
We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. However, if for any reason a Dispute proceeds in court rather than in arbitration, you and we each waive any right to a jury trial. We know this sounds a bit serious and dire. Hopefully, it will never come to this!
As limited exceptions to subsection (a) above: (i) you may seek to resolve a Dispute in small claims court If it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at firstname.lastname@example.org or by regular mail at 660 4th Street #193, San Francisco, CA 94107 within thirty (30) days following the date you first agree to these Terms.
If you want to begin arbitrating a Dispute, you must send a letter to us at the following address requesting arbitration and describing the Dispute: 660 4th Street #193, San Francisco, CA 94107. If we want to begin arbitrating a Dispute, we’ll send such a letter to you at the email address or street address that you provided.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) or a comparable arbitral body (e.g., JAMS), in the event the AAA is unable to conduct the arbitration). The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitration may be conducted in writing, remotely (e.g., by videoconference) or in-person in the county where you live (or at some other location that we both agree to).
Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We’ll pay for all filing, administration and arbitrator fees and expenses if your Dispute is for less than \$10,000, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
Notwithstanding the provisions of Section 3 above, if Aero changes any of the terms of this Section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to email@example.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Aero’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Aero in accordance with the terms of this Section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).