Aero Terms of Service

Last updated January 2nd, 2018.

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.

1. Using Aero’s Services means you agree to these Terms.

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.

2. Our Privacy Policy explains how we collect and use your information.

You agree that your use of the Services is subject to our Privacy Policy. Our Privacy Policy describes, among other things, how we collect and use your information and how we protect it.

3. We might need to change our Services and Terms periodically. When you continue to use the Services we take that as a sign that you accept the revised Terms.

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.

4. You need to be 18+, legally able to use the Services, and follow some basic rules to use our Services.

These are the basic rules we need you to abide by:

  • You must only use the Services to make legitimate reservations for yourself or others who ask you to do so.
  • If you make a reservation for someone else, you let them know of these Terms and any other rules that might apply to their reservation.
  • You must only submit true, accurate, current and complete information to us.
  • If you create an “Account” (a registered account with us made through the website or App), you will keep it secure and safe, maintain it up to date, and not let anyone else use it.

5. You can submit Feedback by emailing us at feedback@aero.com

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.

6. We collect some information to process your payments. Depending on the purchase, there may also be transaction fees like conversion rates and international charges. You agree to only submit legitimate purchases through our Services.

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.

7. Third Party Suppliers have their own terms and conditions in addition to ours.

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.

8. This Section discusses all our airfare-related terms.

Please be respectful.

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.

You have certain rights regarding your flight and airfare.

These rights include:

  • Your fees on airfare for standard scheduled (non-charter) flights (“Commercial Flights”) are guaranteed but only after you have completed your purchase and tickets are issued.
  • You can lock in a particular rate for a Commercial Flight if you call us at least a week in advance. We can hold this price for you for 24 hours.
  • Your Federal Fly Rights: https://‌www.‌transportation.‌gov/‌airconsumer/‌fly-‌rights

If you reserve multiple flights (like round trips), sometimes cancelling (or no-showing) one flight will cancel the rest of the flights.

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.

It’s against Federal law to carry hazardous materials aboard the aircraft.

“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.

Upgrading from a Commercial Flight to a Charter Flight means you need to agree to the Charter Flight’s terms.

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.

We can’t guarantee Charter Flights, so we recommend scheduling a backup Commercial Flight.

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.

Charter Flight payments are non-refundable, subject to change based on flight availability, and there may be additional fees. Some fees are situational and we will bill you directly. Others are personal and those are billed by the Air Travel Supplier.

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.

9. This Section discusses our hotel-related terms.

We will pass on your reservation to our Hotel Suppliers.

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.

You must abide by the hotel’s policies, including cancellation fees.

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.

10. International travel can be dangerous. Please make sure you understand the points below which are your responsibility.

  • There may be additional requirements to get you out of your source country, health risks with traveling to a particular place, and safety issues with your choice of destination.
  • If we offer a particular destination, we do not guarantee or endorse it as a safe place. You must do your own research because ultimately it’s up to you to ensure your own safety.
  • Check your travel-related documents such as passports and visas are in order and any other entry (or source country exit) requirements are met.
  • Understand the entry requirements for each country you visit for your trip, especially if it involves layovers, multiple stops, or multiple destinations.
  • Review all associated travel prohibitions, warnings, announcements, and advisories issued prior to reserving travel and during your stay.
  • Make sure you are physically and mentally fit to travel on the specific trip you are planning as well as in general, including inoculations, recommended medications, and following any other medical advice given by an appropriate professional.
  • Review disinsection rules (https://www.transportation.gov/airconsumer/spray) and which countries and routes require them.

11. The Aero App.

When you comply with these Terms, you may download and use the Aero App in its unmodified form to reserve your hotel and airline reservations.

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.

App store and distribution platforms from Apple and Google (“App Providers”) require us to pass on certain terms to you (sorry for the legalese here!).

  • These Terms are concluded between you and Aero, and not with the App Provider, and Aero (not the App Provider), is solely responsible for the App.
  • The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
  • In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Aero.
  • The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  • In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Aero will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
  • The App Provider, and its subsidiaries, are third-party beneficiaries of these Terms as related to your license to the App, and that, upon your acceptance of the Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.
  • You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  • You must also comply with all applicable third party terms of service when using the App.

12. This is a big list of things we don’t allow you to do. Basically, don’t use our stuff without permission, don’t use try to access the Services outside of the normal consumer experience, and don’t break the law.

  • Don’t copy from us. Don’t copy all or parts of our Services and don’t use our name, trademark, or logo without our written permission.
  • Don’t mess with the backend of our Services. Don’t access non-public areas of the Services and related systems, attempt to test the vulnerabilities of any part of the Services, attempt to reverse-engineer any part of the Services (to access things like source code, algorithms, or ideas), or try to circumvent any security related to the Services.
  • Don’t use the Services in any way except as allowed by these Terms.
  • Don’t attack the Services. Don’t attempt to interfere with the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services.
  • Don’t take personal information. Don’t collect or store any personally identifiable information from the Services from other users of the Services.
  • Don’t link to our Services except to the homepage. Do not share or publish links to things like the purchase path for any travel services, for any purpose.
  • Don’t impersonate people or companies.
  • Don’t violate any applicable law or regulation.
  • Don’t encourage or enable any other individual to do any of the foregoing.
  • Do continue to be your awesome, thoughtful, kind self!

13. We may monitor the Services for fraud, objectionable content and abuse, and take action.

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 support@aero.com.

14. We may provide links outside our Services.

We provide these links only as a convenience and are not responsible for where they lead.

15. How do I cancel? What terms live on?

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 support@aero.com. 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.

16. We work hard to make a great product for you, but can’t guarantee everything will always run smoothly. The Services are presented as-is, without warranties.

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.

17. Some things are out of our hands and we can’t take responsibility for them. This includes pricing errors, accommodation ratings, actions of our Third Party Suppliers, and accidents.

  • If we discover a pricing error, we will give you the opportunity to keep your reservation at the correct price or we will cancel your reservation without penalty.
  • We are not liable for the acts or omissions of Third Party Suppliers.
  • We and our Third Party Suppliers will have no liability to you and will make no refund in the event of any delay, cancellation, overbooking, strike, act of terrorism, insurrection, force majeure or other causes beyond our respective direct control.

18. If you do something that winds up getting us sued, you have to help defend us.

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.

19. If something bad happens as a result of your use of our Services, we’re not liable except for a small amount.

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.

20. Any disputes between us have to be handled under California Law and in California (except for arbitration).

Aero encourages you to contact us at support@aero.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.

21. If you are an individual consumer, you agree to arbitrate your disputes with us as described below.

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.

Try to resolve disputes with us informally first.

You agree to give an opportunity to resolve any disputes or claims related in any way to our Services, any dealings with our third party providers, customer service agents, services provided, or our Privacy Policy by contacting our customer services line at support@aero.com. If we are not able to resolve your claims within sixty (60) days, you may seek other relief as described below.

We both agree to arbitrate disputes and waive jury trials.

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!

You can still use the courts for small claims and intellectual property matters. You can also opt out entirely of arbitration if you email us within 30 days of first agreeing to these Terms.

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 support@aero.com 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.

You initiate arbitration by requesting it of us through mail.

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 American Arbitration Association Rules will apply.

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).

We pay filing fees under some conditions.

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.

You can reject new changes to this section by emailing us within 30 days of the change.

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 support@aero.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).

22. These Terms are the official version, so if you ever find conflicting terms, these are the ones to use. We really appreciate you reading these Terms and using our Services!

  • These Terms constitute the entire and exclusive understanding and agreement between Aero and you regarding the Services. These Terms supersede and replace any and all prior oral or written understandings or agreements between Aero and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Aero’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Aero may freely assign or transfer these Terms without restriction.
  • Any notices or other communications provided by Aero under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
  • Aero’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Aero. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

23. Here are our official registrations, and our contact info if you need it:

  • Aero Technologies, Inc. is a registered seller of travel in the following states:
    • California: No. CST 2132273-40
    • Washington: No. 604186897
    • Florida: PENDING
  • Aero can be contacted at contact@aero.com
  • Our address is 660 4th Street #193, San Francisco, CA 94107, 415-364-8350