TERMS OF USE

Last Revised on: September 26, 2019

In the United States, Voom is a private air charter broker. Voom is not a direct air carrier or direct foreign air carrier in operational control of aircraft. The air service advertised shall be provided by a properly licensed direct air carrier or foreign direct air carrier.

These Terms of Use (“Terms”) of Voom VFI, LLC ("Voom") govern your (the "User") access to and use, from within the United States and its territories and possessions, of the mobile applications, websites and other services (collectively, the "Services") developed by Voom to match your travel needs with our network of approved vertical urban mobility transportation operators (collectively, "Operators").These Terms do not constitute a contract for a specific flight or series of flights.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. YOUR ACCESS TO AND USE OF THE SERVICES IS CONDITIONED ON YOUR AGREEMENT TO BE BOUND BY THESE TERMS, WHICH ESTABLISHES A CONTRACTUAL RELATIONSHIP BETWEEN YOU AND VOOM THAT ALSO BINDS ALL SUCCESSORS DESCRIBED AT THE END OF THESE TERMS. BY AGREEING TO THESE TERMS, YOU ACKNOWLEDGE THAT VOOM IS NOT A DIRECT OR COMMON AIR CARRIER AND THAT ALL FLIGHTS ARE OPERATED BY FAA/DOT LICENSED OPERATORS. YOU ALSO ACKNOWLEDGE THAT BY SOLICITING A QUOTE USING VOOM TECHNOLOGY AND ACCEPTING AN OFFER FROM AN OPERATOR USING VOOM TECHNOLOGY, YOU ARE IN NO WAY PURCHASING FLIGHT SERVICES FROM VOOM OR FOR WHICH VOOM IS DIRECTLY OR INDIRECTLY RESPONSIBLE; INSTEAD THE FLIGHT SERVICES WILL BE PROVIDED BY A THIRD-PARTY PART 135 OPERATOR.

If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede any prior agreements or arrangements between you and Voom concerning the subject matter of the Terms. Voom may immediately terminate these Terms or any contractual relationship established with you, and suspend or deny you access to the Services, in whole or in part, at any time, and for any reason permitted by law.

All Transportation Services are provided by duly licensed air or ground transportation providers (collectively, "Transport Providers") whose name shall be clearly identified to you by the time of your booking. Voom is entitled to offer your request and quote to a different Transport Provider after your booking for any reason in order to ensure the best experience possible to you. If it does so, and that Transportation Provider accepts the offer and quote, Voom shall inform you of the identity of the new Transportation Provider and provide you the opportunity to cancel your journey.

I. The Services

The Services include a technology platform that enables Users to arrange and schedule transportation and/or logistics services with Transport Providers via our mobile app or website (the "Technology Platform"). Unless otherwise agreed between Voom and you in a separate written agreement, the Technology Platform is made available solely for your personal, noncommercial use. YOU ARE THE ONLY PERSON PERMITTED TO USE SERVICES ARRANGED USING THIS ACCOUNT. IF AFTER SIGNING THESE TERMSYOU NEVERTHELESS USE THIS ACCOUNT TO HELP OBTAIN SERVICES WHICH ARE TO BE USED BY ANOTHER, INCLUDING BY A MINOR, OR ALLOW ANOTHER TO USE THIS ACCOUNT TO OBTAIN SERVICES THEN BY DOING SO YOU ARE REPRESENTING AND WARRANTING THAT YOU ARE AUTHORIZED TO ADOPT THESE TERMSON BEHALF OF THAT PERSON OR PERSONS AND THEREBY BIND THEM TO IT. BY THESE TERMS AND BY USING THE SERVICES, SUCH PERSON OR PERSONS AGREE TO INDEMNIFY AND HOLD VOOM HARMLESS FROM ANY ANY CLAIM, DEMAND, RIGHT, DAMAGE, DEBT, LIABILITY, ACCOUNT, ACTION, CAUSE OF ACTION, COST OR EXPENSE, INCLUDING ATTORNEYS’ FEES ACTUALLY PAID OR INCURRED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM THAT YOU DO NOT HAVE THE REQUISITE AUTHORITY TO BIND THE USER(S) TO THE PROVISIONS OF THESE TERMS. YOU AGREE TO PROMPTLY INFORM ANY USER(S) OF VOOM SERVICES WHO HAS NOT SPECIFICALLY ADOPTED THESE TERMS THAT BY USING THOSE SERVICES IN CONNECTION WITH YOUR ACCOUNT THEY HAVE BECOME BOUND BY IT.

Voom is a private Air Charter Broker and it is not a direct air carrier in operational control of aircraft or a common carrier. All of the Operators in our network are licensed under Part 135 of the Federal Aviation Regulations (FARs) and exercise full operational control at all times including responsibility for adhering to all safety requirements set forth by the Federal Aviation Administration (FAA). While Voom’s name and logo may appear on a Transport Provider’s aircraft, this does not mean that Voom is a direct air carrier or intending to hold itself out as such.

THE RELATIONSHIP BETWEEN VOOM AND THE TRANSPORT PROVIDERS IS ONLY THAT OF INDEPENDENT CONTRACTORS. NEITHER VOOM NOR ANY TRANSPORT PROVIDER IS AN AGENT, REPRESENTATIVE, ASSOCIATE, EMPLOYER, OR EMPLOYEE OF THE OTHER PARTY, AND NO PARTY HAS ANY RIGHT OR AUTHORITY TO ASSUME OR CREATE ANY OBLIGATIONS OR TO MAKE ANY REPRESENTATIONS OR WARRANTIES ON BEHALF OF ANY OTHER PARTY, WHETHER EXPRESS OR IMPLIED, OR TO BIND THE OTHER PARTY IN ANY RESPECT WHATSOEVER. EVEN THOUGH VOOM SHALL BE ENTITLED TO COLLECT FEES FROM THE PROVISION OF TRANSPORTATION SERVICES BY SUCH SERVICES BY SUCH PERSONS OR ENTITIES, VOOM NEITHER SUPERVISES NOR CONTROLS THEIR ACTIONS, NOR MAKES ANY REPRESENTATION EITHER EXPRESSED OR IMPLIED AS TO THEIR SUITABILITY. YOU AGREE THAT VOOM ASSUMES NO RESPONSIBILITY, DOES NOT GUARANTEE PERFORMANCE AND IN NO EVENT SHALL BE LIABLE FOR ANY NEGLIGENT OR INTENTIONAL ACTS OR OMISSIONS, LOSS, DAMAGE, INJURY OR DELAY TO YOU AND/OR YOUR BAGGAGE, PROPERTY OR EFFECTS IN CONNECTION WITH SAID SERVICES. YOU USE THE SERVICES OF ALL TRANSPORT PROVIDERS SOLELY AT YOUR OWN RISK.

As an indirect air carrier operating pursuant to FAR Part 295, Voom may choose to act as a bona fide agent for a user in individual cases where both Voom and the user have expressly authorized such agency relationship.

The Services (including the Technology Platform) and all right, title and interest therein, including all patent, trademark, copyright, trade secrets, and all other intellectual property rights therein are and shall remain Voom's property or the property of Voom's licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted below; or (ii) to use or reference in any manner Voom’s company names, logos, product and service names, trademarks or services marks or those of Voom’s licensors.

II. Use of The Services

A. Restrictions

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Voom; (iii) decompile, reverse engineer or disassemble any portion of the Platform except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Technology Platform; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Technology Platform or its related systems or networks.

B. Licenses and Consents

Subject to your compliance with these Terms, Voom grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Technology Platform on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Voom and Voom’s licensors.

C. User Accounts

In order to use most aspects of the Services, you must register for and maintain an active personal user account ("Account"). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if greater than 18), to obtain an Account. Account registration requires you to submit to Voom certain personal information, under the terms of our Privacy Policy, such as your name, address, mobile phone number, Individual Taxpayer Registration Number – CPF, weight, passport number (or similar government ID number), and your birth year and month, as well as at least one valid payment method (either a credit card or other accepted means of payment). You agree to maintain accurate, complete, and up-to-date information in your Account. If you fail to maintain accurate, complete, and up-to-date Account information, such as if the payment method on file becomes invalid or the expiration date has passed, you may be unable to access and use the Services and Voom may terminate the contractual relationship established with you. You are responsible for any activity that occurs under your Account. You must maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Voom in writing, you may only possess one Account.

D. User Conduct

You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. The Services are not available for use by persons under the age of 18, and you may not allow persons under the age of 18 to use the Services unless you (i) are their parent or legal guardian (ii) accompany them and (iii) understand that by allowing them to use the Services after signing this form you are thereby agreeing to these Terms and the Privacy Policy on their behalf. You agree to comply with all applicable laws when using the Services and the Transportation Services, using them only for lawful purposes (e.g., no transport of unlawful, dangerous, or hazardous materials), and not causing nuisance, annoyance, inconvenience, or property damage, whether to the Transport Providers or any other party. You will be required to follow all safety protocol and instructions provided by the aircraft commander and crew when using the Transportation Services.

E. Physical Security

Voom and/or the Transport Providers may engage independent, third party security personnel ("Security Partners") to help ensure your safety and security.

You may be subject to "airport style" security measures when using the Transportation Services. These measures may include being subject to a metal detector, baggage manual inspection, and other similar security measures. You may not bring dangerous items on your journey, such as firearms, knives, explosives, radioactive material, among others. You may also be subject to screening against various databases (i.e.: no-fly lists, criminal watch lists, etc.).

Each of Voom, the Security Partners and the Transport Providers, and any other third parties providing aspects of the Services, are entitled to refuse to offer you any Services, in whole or in part, for any reason, and will immediately contact appropriate authorities should you refuse.

In certain instances, you may be asked to provide proof of identity – to be done upon the presentation of a Photo ID matching exactly what was provided in your user account – to access or use the Services, and you may be denied access to or use of the Services if you refuse to provide such document.

During your journey, you may be separated from your baggage and belongings at the discretion of our Transport Providers. Items that may be "fragile" should not be brought on the Service, and, in accepting these Terms, you agree that neither Voom nor any Transport Provider assumes (and strictly waives) any responsibility for your baggage and belongings.

No animals (even in cages) are allowed during the use of the Transportation Services, except as required by law. Please contact Voom concierges if you require a bona fide Service Animal.

F. Privacy

By using or accessing the Services, you agree and consent to Voom using and disclosing to third parties your contact and personal information. Our practices with respect to the collection and use of personal information in connection with the Services are provided in Voom's Privacy Policy located at www.voom.flights/en/privacy, which is made a part of, and is included in these Terms.

To the extent that you provide any personal information to Transport Providers or other third parties, such information will be subject to the separate policies of such organizations and you agree that Voom shall have no obligation or liability with respect to such entities collection or use of such information.

G. Text Messaging

By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from Voom at any time. However, opting out of receiving text (SMS) messages may impact your use of the Services.

H. Network Access and Devices

You are responsible for obtaining and paying for the data network access necessary for you to access the Services. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and the Technology Platform, as well as any updates thereto. Voom does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

I. Fees

You understand that the use of the Services may result in charges to you for the services or goods you receive from the Transport Providers ("Charges"). You will pay Voom for the Charges after you have received services or goods obtained through your use of the Services, and Voom will in turn forward the corresponding amount to the applicable Transport Provider. Payment of the Charges in such manner shall be considered the same as payment made directly by you to Transport Providers. Charges will be inclusive of applicable taxes. Charges paid by you are final and non-refundable, unless otherwise determined by Voom. All Charges are due immediately and payment will be facilitated by Voom using the preferred payment method designated in your Account, after which Voom will send you a receipt by email encompassing details of what has been hired and, if applicable, an invoice relating to the commission for the hired service. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, Voom may use a secondary payment method in your Account, if available. Voom among its partners is solely responsible for handling any payment disputes, such as chargebacks, complaints, or cancellations.

As between you and Voom, Voom reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Voom's sole discretion. Charges applicable in certain geographical areas may increase substantially during times of high demand. Voom will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or their amount.

Voom may from time to time provide certain users with promotional offers and discounts, obtained by means of negotiations with Transport Providers, that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services. Such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you.

You may cancel or modify your flight up to 3 hours before your boarding time without incurring any charges. Any cancellations or changes to your flight made less than 3 hours prior to boarding time will result in you being charged for your flight in full (including applicable taxes). To change or cancel a flight, please contact our concierge team.

All purchases made through a payment card (e.g. credit card, debit card, cash value card, gift card) are processed by a third party. We are not responsible for any error or other incident caused by or attributed to this payment card processor.

J. Repair or Cleaning Fees

You will be responsible for the cost of repair for damage to, or necessary cleaning of, equipment and property resulting from use of the Services under your Account in excess of normal "wear and tear" damages and necessary cleaning ("Repair or Cleaning"). In the event that an Operator or Partner reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by Voom, in Voom's reasonable discretion, Voom reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Transport Partner using the payment method designated in your Account. Such amounts will be transferred by Voom to the applicable Transport Partner and they are non-refundable.

III. Disclaimers; Limitation of Liability; Indemnity

A. DISCLAIMER

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." VOOM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. VOOM MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES, TRANSPORTATION SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOUR DECISION TO CONTRACT WITH AN OPERATOR FOR TRANSPORTATION SERVICES IS BASED ON YOUR SOLE ASSESSMENT OF ANY APPLICABLE RISKS WHICH VOOM DOES NOT BEAR RESPONSIBILITY FOR. VOOM DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF ANY TRANSPORT PROVIDERS. THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOUR ASSUMPTION OF THESE RISKS, WHICH COULD RESULT IN INJURY, DEATH, PROPERTY DAMAGE, LOST PROFITS, OR LOST DATA, INCLUDES ASSUMING ANY RISKS ASSOCIATED WITH ANY NEGLIGENCE (EITHER ACTIVE, PASSIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) ON THE PART OF VOOM OR ANY PARTY FOR WHOSE CONDUCT VOOM IS POTENTIALLY RESPONSIBLE (TO THE EXTENT YOU MAY ASSUME IT BY LAW). TO THE EXTENT THAT VOOM MAY OTHERWISE BEAR RESPONSIBILITY FOR SUCH RISKS YOU HEREBY RELIEVE IT OF SUCH OBLIGATIONS TO THE GREATEST EXTENT PERMITTED BY LAW.VOOM IS NOT RESPONSIBLE FOR INTRINSIC ISSUES RELATED TO THE PROVISION OF THE TRANSPORTATION SERVICES, AND AS SUCH SHOULD NOT BE HELD RESPONSIBLE, FOR EXAMPLE, FOR THE CANCELLATION OR DELAY – CAUSED BY THE TRANSPORT PROVIDERS – A RESULT OF CLIMATE CONDITIONS THAT PREVENT AND/OR DERIVE THE TRANSPORTATION SERVICES

YOU EXPRESSLY ACKNOWLEDGE THAT VOOM IS NOT AND WILL NOT BE RESPONSIBLE FOR THE PRACTICES AND POLICIES ADOPTED BY TRANSPORT PROVIDERS, INCLUDING WITH RESPECT TO SAFETY.

VOOM ONLY ALLOWS TRANSPORT PROVIDERS THAT ARE DULY AUTHORIZED AND LICENSED COMPANIES – AS APPLICABLE – TO PROVIDE SERVICES. NEVERTHELESS, VOOM IS NOT RESPONSIBLE FOR THE PRACTICES, LICENSES AND POLICIES OF TRANSPORT PROVIDERS AND USERS AGREE THAT THEY ARE RESPONSIBLE FOR THEIR OWN DECISION TO TAKE A JOURNEY WITH ANY TRANSPORT PROVIDERS LOCATED ON THE TECHNOLOGY PLATFORM.

B. LIMITATION OF LIABILITY VOOM SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, CONNECTED WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF VOOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF ANY INTENTIONAL OR NEGLIGENT CONDUCT OR OMISSION ON THE PART OF VOOM. VOOM SHALL NOT BE LIABLE FOR EMOTIONAL DISTRESS, MENTAL SUFFERING/ANGUISH, OR PSYCHOLOGICAL INJURY OF ANY KIND UNDER ANY CIRCUMSTANCES EXCEPT WHEN SUCH DAMAGES WERE CAUSED BY THE NEGLIGENCE OF VOOM AND RESULTED FROM THE COMPLAINANT SUSTAINING ACTUAL PHYSICAL INJURY, OR HAVING BEEN AT RISK OF ACTUAL PHYSICAL INJURY, OR WHEN SUCH DAMAGES ARE HELD TO BE INTENTIONALLY INFLICTED BY VOOM.

VOOM SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (I) YOUR USE OF OR RELIANCE ON THE SERVICES AND TRANSPORTATION SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (II) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY OPERATOR AND PARTNER, EVEN IF VOOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VOOM SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND VOOM'S REASONABLE CONTROL.

IN NO EVENT SHALL VOOM’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE LESSER OF FIVE HUNDRED DOLLARS ($500.00) OR THE AMOUNT YOU PAID FOR THE SERVICES.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 3 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED, CHANGED OR MITIGATED UNDER APPLICABLE LAW.

YOU HAVE HEREBY BEEN ADVISED OF SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

YOU UNDERSTAND THAT SECTION 1542 GIVES YOU THE RIGHT NOT TO RELEASE CLAIMS OF WHICH YOU ARE NOT NOW AWARE, UNLESS YOU VOLUNTARILY CHOOSE TO WAIVE THIS RIGHT. HAVING BEEN SO APPRISED, YOU NEVERTHELESS HEREBY VOLUNTARILY ELECT TO AND WAIVE RIGHTS ARISING FROM SECTION 1542, AND ELECT TO ASSUME ALL RISK FOR CLAIMS THAT IN YOUR FAVOR, KNOWN OR UNKNOWN.

C. INDEMNITY

You agree to indemnify and hold Voom and its officers, directors, employees, and agents harmless from any and all liability relating to claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services, Transportation Services or from goods or services obtained by you through your use of the Services; (ii) your breach or violation of any of these Terms; and (iii) your violation of the rights of any third party, including Transport Providers.

D. Dispute Resolution – Arbitration

Any dispute, claim or controversy except those directly relating to the ownership, infringement or misappropriation of intellectual property 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 settled by binding arbitration between you and Voom, without prejudice to the parties’ right to seek in court any interim or interlocutory relief in aid of arbitration and/or to protect its rights before the constitution of the Arbitral Tribunal. You agree that the arbitrator, and not a court of law, shall have the exclusive authority to determine whether a dispute is subject to this arbitration provision. You acknowledge and agree that, only to the extent and because any such dispute is subject to arbitration, you and Voom are necessarily each waiving the right to a trial by jury or you are expressly waiving and relinquishing your right to participate as a plaintiff or member of a class in any purported class action or representative proceeding with respect to any such dispute. Further, unless both you and Voom otherwise agree in writing regarding any specific dispute that is subject to arbitration, the Arbitral Tribunal may not and shall not consolidate any other person's claims with any claim you assert, and may not otherwise preside over any form of any class or representative proceeding. If the entirety of this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.

Arbitration Rules and Governing Law

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" Section. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879. The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration currently located at www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822; these forms may change over time).

The arbitration shall be conducted by one arbitrator, who will be either a retired judge or an attorney licensed to practice law. If the parties are unable to agree upon an arbitrator within 7 days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules. The parties agree to jointly waive the applicability of the AAA Rules’ provisions that limit their choice of arbitrator to the AAA’s roster of arbitrators. Any and all controversies related to the nomination of the arbitrator shall be settled by the AAA.

Arbitration Location and Procedure

Unless you and Voom otherwise agree, the arbitration will be conducted in English in San Francisco, California. Your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. You agree that this provision does not invalidate, supersede or otherwise minimize the effect of any provision in these Terms that limit the amount or kind of damages or other relief you may seek against Voom.

Arbitrator's Decision

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator shall decide the merits of the Dispute in accordance to the applicable law and shall not act as amiable compositeurs or decide the merits of the Dispute ex aequo et bono. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. Voom will not seek, and hereby waives all rights Voom may have under applicable law to recover, attorneys' fees and expenses if Voom prevail in arbitration.

IV. Other Provisions

A. Choice of Law

These Terms, with the exception of Section III.D (Dispute Resolution), are governed by and construed in accordance with the laws of the state of California, without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region.

B. Notices

Voom may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been received upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Voom, with such notice deemed given when received by Voom, at any time by first class mail or pre-paid post to our company address listed on voom.flights.

C. Assignment

You may not assign these Terms without Voom's prior written approval. Voom may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Voom's equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Voom or any Operator or Partner arising from the contractual relationship established between you and Voom, your consent to this Terms or your use of the Services. If any provision of these Terms is held to be illegal, invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Voom's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Voom in writing.

D. Amendments

Voom may amend these Terms from time to time in accordance with applicable law. Amendments will be effective upon Voom's posting of such updated Terms at this location, when the Last Updated Date at the top of this page will be changed, or the amended policies or supplemental terms on the Services. Your continued access or use of the Services after such the update Terms become in effect constitutes your consent to be bound by the Terms, as amended. You understand and accept that it is your responsibility to review this page for any updates to the Terms.

E. Successors

The provisions of these Terms shall be deemed to extend to and inure to the benefit of the Parties’ respective successors-in-interest, assigns, transferees, grantees, heirs, executors, administrators and representatives, and to extend to and obligate the Parties’ respective successors-in-interest, assigns, transferees, grantees, heirs, executors, administrators and representatives.

Promotion Codes and Other Referral Programs

Terms and Conditions

AS A CONDITION TO YOUR ACCEPTANCE AND USE OF ANY CORPORATE ACCOUNT, PROMOTION CODE, COUPONS, GIFT CARDS, COUPONS, OR OTHER REFERRAL PROGRAMS, (COLLECTIVELY, "PROMOTION CODES") OFFERED BY VOOM OR THIRD PARTIES WITH WHOM VOOM HAS A CONTRACTUAL RELATIONSHIP, YOU WILL BE DEEMED TO HAVE ACCEPTED AND AGREED TO THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS INCLUDE IMPORTANT LIMITATIONS OF YOUR RIGHTS AND REMEDIES. PLEASE READ THEM CAREFULLY.

A. Eligibility

  1. These terms and conditions apply to all Voom promotions publicized in the United States (each a "Promotion"), unless otherwise specified in the applicable Promotion marketing materials (the "Marketing Materials").

  2. All Promotions are open to all individuals aged 18 years or older who have a Voom account and are compliant with these Terms and Conditions. Employees of Voom, their families, and any agents or third parties directly associated with administration of the Promotion are not eligible. Proof of age and/or identity and/or residency may be required.

  3. Voom’s Terms of Use (https://www.voom.flights/en/termsofuse) and Privacy Policy (https://www.voom.flights/en/privacy) apply to all Promotions. Certain capitalized terms used but not defined in these Terms and Conditions have the meanings given in Voom’s Terms of Use.

B. Period of Time

  1. Promotions are available for the period of time specified in the Marketing Materials. If no period of time is specified in the Marketing Materials, the Promotion will be available for a limited time at Voom’s sole discretion. Voom reserves the right to hold void, cancel, suspend, or amend the Promotion at any time without any notice.

C. Use of Promotion Codes

  1. To redeem a Promotion Code, the user must web access, and sign-up as a registered user of Voom at https://www.voom.flights.

  2. Promotion Codes (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Voom.

  3. The Marketing Materials may specify certain additional terms and conditions regarding how the Promotion Code may be redeemed and users of such Promotions Codes are deemed to have accepted and agreed to be bound by such additional terms and conditions.

  4. Promotion Codes are redeemable for a discount to be used toward the total cost of a flight as specified in the Marketing Materials. Promotion Codes are not redeemable for any other purposes unless specifically stated in the Marketing Materials.

  5. If a Promotion Code is for a specified discount and the user’s flight costs less than the discount, the remaining amount is terminated and cannot be "rolled over" or used in connection with another flight. Promotion Codes may not cover all of the fees and costs associated with a flight, including baggage fees. If the user’s flight costs more than the discount, the user will be liable for the full remaining balance of the flight, which will be charged to the payment method specified in the user’s Voom account.

  6. A Promotion Code may only be used once by each Voom user and will be valid until the date specified in the relevant Marketing Materials, or for the number of flights specified in the Marketing Materials. Unless otherwise specified in the Promotion marketing, a Code will expire ninety (90) days from the date the Marketing Materials are first used in Voom’s sole discretion.

  7. Promotion Codes cannot be transferred, duplicated or sold and have no cash value.

  8. Successful redemption of a Promotion Code is subject to the availability of flights on the Voom network, as well as the other terms and conditions specified in Voom’s Terms of Use.

  9. Promotions Codes are not cumulative and cannot be used in conjunction with any other Promotion Codes or other offers or discounts.

D. Waiver of Liability

  1. Insofar as is permitted by law, neither Voom nor its employees, affiliates or agents are responsible or liable to compensate a participator, accept any liability (whether direct, indirect, special, incidental, exemplary, punitive or consequential) for any loss, damage, personal injury or death arising out of or in connection with any participant’s participation in the Promotion whether such liability arises from any claim based upon contract, warranty, and regardless of whether Voom its employees, affiliates or agents have been advised of the possibility of such loss, damage, personal injury or death.

  2. You agree to indemnify and hold Voom and its officers, directors, employees, and agents harmless from any and all liability relating to claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Promotion Code, the Services, Transportation Services or from goods or obtained through your use of the Services; (ii) your breach or violation of any of these Terms; and (iii) your violation of the rights of any third party, including Transport Providers.

E. General

  1. Participants are deemed to have accepted and agreed to be bound by these Terms and Conditions upon participation in the Promotion. Voom reserve the right to refuse participant in the Promotion to anyone in breach of these Terms and Conditions.

  2. Voom reserves the right to modify and amend these Terms and Conditions from time to time during the Promotion period.

  3. The invalidity or unenforceability of any provision, or part thereof, of these Terms and Conditions will not affect the validity or enforceability of any other provision or part thereof. In the event that any provision, or part thereof, of these Terms and Conditions is determined to be invalid or otherwise unenforceable or illegal, the other provisions, or parts thereof, will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Voom’s failure to enforce any term of these Terms and Conditions will not constitute a waiver of that term or any other provision of these Terms and Conditions.

  4. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Marketing Materials and these Terms, these Terms and shall prevail, govern and control and the discrepancy will be resolved in Voom’s sole and absolute discretion.

Contact us

If you have any questions about these Terms, please contact us at [email protected]