Effective Date: Dec 31, 2019
Last Updated Date: May 16, 2014
Last Updated: DECEMBER 31, 2019
Effective: JANUARY 1, 2020
Particularly Important Information
Who we are: For the purpose of applicable data protection legislation, the data controller of your personal data is BLADE Urban Air Mobility, Inc. of 499 East 34th Street, New York, NY 10016, USA.
Must Read Sections: We draw your attention in particular to the sections entitled “International Data Transfer” and “Your Rights.”
Changes to this Policy: We will post any modifications or changes to the Policy on our Services. We reserve the right to modify the Policy at any time, so we encourage you to review it frequently. The “Last Updated” legend above indicates when this Policy was last changed. If we make any material change(s) to the Policy, we will notify you via email prior to such change(s) taking effect.
1. Purposes of Processing
What is personal data?
We collect information about you in a range of forms, including personal data. As used in this Policy, “personal data” is as defined in the General Data Protection Regulation 2018 and any successor legislation, this includes any information which, either alone or in combination with other information we hold about you, identifies you as an individual, including, for example, your name, postal address, email address and telephone number.
Why do we need your personal data?
We will only process your personal data in accordance with applicable data protection and privacy laws. We need certain personal data in order to provide you with access to the Services. If you created a profile/registered with us, you will have been asked to tick to agree to provide this information in order to access our services, purchase our products, and view our content. This consent provides us with the legal basis we require under applicable law to process your data. You maintain the right to withdraw such consent at any time. If you do not agree to our use of your personal data in line with this Policy, please do not use our Services.
2. Collecting Your Personal Data
We collect information about you in the following ways:
Information You Give Us.
This includes the personal data you provide when:
Information We Get from Others.
We may also get information about you from other sources. These sources may include:
We may add the information we receive from these sources to the information we get from our Services.
Information Automatically Collected.
We automatically log information about you and your computer or mobile device when you access our Services. For example, when visiting our Services, we and our third-party service providers receive and record information on our server logs from your browser, including your IP address, and from cookies and similar technology. We collect this information about you using cookies. Please refer to the sections on cookies, Flash Technology and Pixel Tags below.
Automated Decision Making and Profiling.
We may use automated decision making and/or profiling in regard to your personal data for some services and products, for example re-sorting the order of homepage cards based on your location and sending e-mails based on location, purchase history, or in-application browsing behavior. You can request a manual review of the accuracy of an automated decision that you are unhappy with or limit or object to such automated decision making and/or profiling by contacting us at email@example.com.
What are cookies?
We may collect information using “cookies.” Cookies are small data files stored on the hard drive of your computer or mobile device by a website. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer or mobile device until you delete them) to provide you with a more personal and interactive experience on Services.
We use two broad categories of cookies:
(1) first party cookies, served directly by us to your computer or mobile device, which are used only by us to recognize your computer or mobile device when it revisits Services; and
(2) third party cookies, which are served by service providers on Services, and can be used by such service providers to recognize your computer or mobile device when it visits other websites.
Cookies we use
Our Services use the following types of cookies for the purposes set out below:
These cookies are essential to provide you with services available through our Services and to enable you to use some of its features. For example, they allow you to log in to secure areas of our Services and help the content of the pages you request load quickly. Without these cookies, the services that you have asked for cannot be provided, and we only use these cookies to provide you with those services.
These cookies allow our Services to remember choices you make when you use our Services, such as remembering your login details and remembering the changes you make to other parts of our Services which you can customize. The purpose of these cookies is to provide you with a more personal experience and to avoid you having to re-enter your preferences every time you visit our Services.
Analytics and Performance Cookies
These cookies are used to collect information about traffic to our Services and how users use our Services. The information gathered does not identify any individual visitor. It includes the number of visitors to our Services, the websites that referred them to our Services, the pages they visited on our Services, what time of day they visited our Services, whether they have visited our Services before, recordings of their sessions visiting our Site, how they use our Services, and other similar information. We use this information to help operate our Services more efficiently, to gather broad demographic information and to monitor the level of activity on our Services.
We use Google Analytics and Hotjar for this purpose. Google Analytics and Hotjar use their own cookies. They are only used to improve how our Services works. You can find out more information about Google Analytics and Hotjar cookies at the following pages: https://developers.google.com/analytics/resources/concepts/gaConceptsCookies
You can find out more about how Google and Hotjar protect your data here: www.google.com/analytics/learn/privacy.html
You can prevent the use of Google Analytics relating to your use of our Services by downloading and installing the browser plugin available via this link: http://tools.google.com/dlpage/gaoptout?hl=en
You can prevent the use Hotjar relating to your use of our Services by following the instructions listed at this link:
Targeted and advertising cookies
These cookies track your browsing habits to enable us to show advertising which is more likely to be of interest to you. These cookies use information about your browsing history to group you with other users who have similar interests. Based on that information, and with our permission, third party advertisers can place cookies to enable them to show adverts which we think will be relevant to your interests while you are on third party websites.
You can disable cookies which remember your browsing habits and target advertising at you by visiting http://www.youronlinechoices.com/uk/your-ad-choices. If you choose to remove targeted or advertising cookies, you will still see adverts but they may not be relevant to you. Even if you do choose to remove cookies by the companies listed at the above link, not all companies that serve online behavioral advertising are included in this list, and so you may still receive some cookies and tailored adverts from companies that are not listed.
Social Media Cookies
These cookies are used when you share information using a social media sharing button or “like” button on our Services or you link your account or engage with our content on or through a social networking website such as Facebook, Twitter or Google+. The social network will record that you have done this.
You can typically remove or reject cookies via your browser settings. In order to do this, follow the instructions provided by your browser (usually located within the “settings,” “help” “tools” or “edit” facility). Many browsers are set to accept cookies until you change your settings.
Further information about cookies, including how to see what cookies have been set on your computer or mobile device and how to manage and delete them, visit www.allaboutcookies.org
If you do not accept our cookies, you may experience some inconvenience in your use of our Services. For example, we may not be able to recognize your computer or mobile device and you may need to log in every time you visit our Services.
4. PIXEL TAGS
We may also use pixel tags (which are also known as web beacons and clear GIFs) on our Services to track the actions of users on our Services. Unlike cookies, which are stored on the hard drive of your computer or mobile device by a website, pixel tags are embedded invisibly on webpages. Pixel tags measure the success of our marketing campaigns and compile statistics about usage of our Services, so that we can manage our content more effectively. The information we collect using pixel tags is not linked to our users’ personal data.
5. DO NOT TRACK SIGNALS
Some Internet browsers may be configured to send "Do Not Track" signals to the online services that you visit. We currently do not respond to do not track signals. To find out more about "Do Not Track," please visit http://www.allaboutdnt.com.
6. Using Your Personal Data
We may use your personal data as follows:
7. Sharing Your Personal Data
We may share your personal data as follows:
8. Anonymous Data
When we use the term “anonymous data,” we are referring to data and information that does not permit you to be identified or identifiable, either alone or when combined with any other information available to a third party.
We may create anonymous data from the personal data we receive about you and other individuals whose personal data we collect. Anonymous data might include analytics information and information collected by us using cookies. We make personal data into anonymous data by excluding information (such as your name) that makes the data personally identifiable to you. We use this anonymous data to analyses usage patterns in order to make improvements to our Services.
9. Third Party Sites
Our Services may contain links to our partner sites, such as Axios Media, Inc. (www.axios.com) and other partners. This Policy does not cover the privacy practices of such third parties. These third parties have their own privacy policies and we do not accept any responsibility or liability for their websites, features or policies. Please read their privacy policies before you submit any data to them.
10. International Data Transfer
Your information, including personal data that we collect from you, may be transferred to, stored at and processed by us and our affiliates and other third parties outside the country in which you reside, including, but not limited to the United States, where data protection and privacy regulations may not offer the same level of protection as in other parts of the world. By using our Services, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Policy.
We seek to use reasonable organizational, technical and administrative measures to protect personal data within our organization. Unfortunately, no transmission or storage system can be guaranteed to be completely secure, and transmission of information via the internet is not completely secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us using the details in Section 16 below.
We will only retain your personal data until you close your account unless a longer retention period is required or permitted by law (for example for regulatory purposes).
13. Our Policy on Children
Our Services are not directed to children under 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us using the details in Section 18 below. We will delete such information from our files as soon as reasonably practicable.
14. Sensitive Personal Data
Subject to the following paragraph, we ask that you not send us, and you not disclose, any sensitive personal data (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through the Services or otherwise to us.
15. Your Rights
If you wish to exercise any of these rights, please contact us using the details in Section 17 below. In your request, please make clear: (i) what personal data is concerned; and (ii) which of the above rights you would like to enforce. For your protection, we may only implement requests with respect to the personal data associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable and in any event, within one month of your request. Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting such change or deletion.
We are committed to resolve any complaints about our collection or use of your personal data. If you would like to make a complaint regarding this Policy or our practices in relation to your personal data, please contact us at: firstname.lastname@example.org. We will reply to your complaint as soon as we can and in any event, within 45 days. We hope to resolve any complaint brought to our attention, however if you feel that your complaint has not been adequately resolved, you reserve the right to contact your local data protection supervisory authority.
17. Contact Information
We welcome your comments or questions about this Policy. You may contact us in writing at email@example.com or BLADE Urban Air Mobility, Inc., 499 East 34th Street, New York, NY 10016, USA.
18. EMPLOYEE PERSONAL DATA
BLADE Urban Air Mobility, Inc. commits to cooperate with the panel established by the EU data protection authorities (DPAs) and comply with the advice given by the panel with regard to human resources data transferred from the EU in the context of the employment relationship. Please contact us to be directed to the relevant DPA contacts.
19. IMPORTANT INFORMATION FOR CALIFORNIA RESIDENTS
This section applies only to California residents. It describes how we collect, use and share Personal Information of California residents in operating our business, and their rights with respect to that Personal Information. For purposes of this section, “Personal Information” has the meaning given in the California Consumer Privacy Act of 2018 (“CCPA”) but does not include information exempted from the scope of the CCPA.
Your California privacy rights. As a California resident, you have the rights listed below. However, these rights are not absolute, and in certain cases we may decline your request as permitted by law.
How to exercise your rights
You may exercise your California privacy rights described above as follows:
We will need to confirm your identity and California residency to process your requests to exercise your information, access or deletion rights. We cannot process your request if you do not provide us with sufficient detail to allow us to understand and respond to it.
Personal information that we collect, use and share
Glossary of Statutory Categories
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
Bank account number, debit or credit card numbers, insurance policy number, and other financial information.
Precise location, e.g., derived from GPS coordinates or telemetry data.
Real name, alias, postal address, unique personal identifier, customer number, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers.
The derivation of information, data, assumptions, or conclusions from any other category of Personal Information to create a profile about a person reflecting the person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities and aptitudes.
Internet or Network Information
Browsing history, search history, and information regarding a person’s interaction with an Internet website, application, or advertisement.
Personal information about an individual’s health or healthcare, including health insurance information.
An online identifier or other persistent identifier that can be used to recognize a person, family or device, over time and across different services, including but not limited to, a device identifier; an Internet Protocol address; cookies, beacons, pixel tags, mobile ad identifiers, or similar technology; customer number, unique pseudonym, or user alias; telephone numbers, or other forms of persistent or probabilistic identifiers (i.e., the identification of a person or a device to a degree of certainty of more probable than not) that can be used to identify a particular person or device.
An individual’s physical characteristics or description (e.g., hair color, eye color, height, weight).
Professional or Employment Information
This term is not defined in the CCPA, but likely includes any information relating to a person's current, past or prospective employment or professional experience (e.g., job history, performance evaluations).
Protected Classification Characteristics
Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
TERMS OF SERVICE
Effective Date: Dec 31, 2019
Last Updated Date: Mar 12, 2015
BLADE APP AND WEBSITE TERMS AND CONDITIONS
These Blade App and Website Terms and Conditions Agreement (the “Terms”) govern the use of the BLADE Urban Air Mobility, Inc. (“Blade”) mobile application (the “App”) and websites owned and/or controlled by or on behalf of Blade (the “Website”) (collectively, the App and the Website are the “Service”).
a. Acceptance of Use. The Service is owned and operated by Blade and therefore, at any time and in Blade’s sole discretion, Blade may revise the Terms, effective upon posting and adequate notification to User. Continued use of the Service after adequate notice of such revisions constitutes User’s acceptance of such revised Terms.
b. Eligibility. By using or opening an account on the Service (an “Account”) on behalf of User or as agent of an entity (each, a “Subscribing Entity”), User represents and warrants that he/she is at least 18 years of age and an authorized representative of and have the authority to bind the Subscribing Entity to the Terms.
2. Registration and Use.
a. Use and Purchases. Use of the Service is free; however, purchases made on the Service must be in made in United States Dollars in the form of Visa, Mastercard, Diners Club International, JCB, Discover, or American Express. Blade does not allow the use of third-party credit cards. Throughout their use of the Services, User may receive “Blade Credits” to be used for future purchases on the Services. Blade Credits will be maintained on User’s account and expire twelve (12) months following the date of their receipt. Notwithstanding the foregoing, Blade Credits received as a "Referral Discount" pursuant to the BLADE Referral Program shall expire at the end of the calendar year in which they were added to User's account.
c. Use at Own Risk. Information transmitted by User is at User’s sole risk.
d. Accuracy of Information. Information provided by User during registration of and use of the Service is and will to the best of User’s knowledge remain current, true, accurate, and complete. If messages sent to an email address provided by you are returned as undeliverable, Blade reserves the right to terminate your Account immediately without notice or liability.
e. Restricted Use. Blade reserves the right to terminate or restrict User’s access to all or any component of the Account, refuse service, or remove or edit content, at any time and without advance notice or liability.
3. Content Ownership and Prohibited Use.
a. All Service content, including but not limited to data, graphics, sound, artwork, and computer code, is Blade’s property, and is protected by the United States and international copyright laws. Nothing contained on this Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any such marks without the Blade’s express written permission.
b. User may not reproduce, duplicate, modify, copy, distribute, transmit, display, sell, transfer, publish, create derivative works from or otherwise exploit for any purpose the content, software, products, or services or data found on the Services.
c. User may not:
(i) access, monitor or copy any content or information on the Service using any robot, spider, scraper or other automated means or any manual process for any purpose without Blade’s express written permission;
(ii) violate the restrictions in any robot exclusion headers on this Service or bypass or circumvent other measures employed to prevent or limit access to this Service;
(iii) take any action that imposes, or may impose, in the discretion of Blade, an unreasonable or disproportionately large load on the Blade's infrastructure;
(iv) deep-link to any portion of this Service (including where applicable, without limitation, the purchase path for any travel services) for any purpose without Blade’s express written permission.
(v) use this Service for any purpose that is unlawful and/or prohibited by these Terms; or
(vi) use the Service for any speculative, false, or fraudulent purposes.
4. LIMITED LIABILITY. BLADE MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SERVICE AND/OR ANY CONTENT, DATA, SOFTWARE, MATERIALS, INFORMATION, PRODUCTS, SERVICES AND/OR OPERATION OF THE SERVICE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USER EXPRESSLY AGREES THAT THE USE OF THE SERVICE IS AT USER’S SOLE RISK. BLADE EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, THAT THE SERVICE WILL BE ERROR-FREE, SECURE, UNINTERRUPTED, OR VIRUS-FREE. THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ON THE SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, ANY OF WHICH BLADE RESERVES THE RIGHT TO CORRECT EVEN POST-CONFIRMATION WITHOUT LIABILITY.
BLADE, ITS AGENTS AND/OR EMPLOYEES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSS, CLAIM, INJURY AND/OR DAMAGE ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS SERVICE, OR FOR ANY INFORMATION SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THE SERVICE, OR ANY FAILURE OR DELAY, OR THE PERFORMANCE OR NONPERFORMANCE BY BLADE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF BLADE HAS BEEN ADVISED OF THE POSSIBLITY OF ANY LOSS, CLAIM, INJURY AND/OR DAMAGE.
BLADE'S LIABILITY FOR ANY CLAIM MADE BY USER RELATING TO THE SERVICE IS LIMITED TO SOLELY THE AMOUNT PAID BY YOU TO BLADE FOR UNUSED PORTIONS OF SUCH SERVICES OR FLIGHTS.
5. Notice Regarding Apple. You acknowledge that these Terms are between you and Blade only, not with Apple, and Apple is not responsible for the App or the content thereof. Apple has no obligation whatsoever 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, then you may notify Apple and Apple will refund the purchase price for the relevant App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or 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. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the App. Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms. You hereby 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. If Blade provides a translation of the English language version of these Terms, the translation is provided solely for convenience, and the English version will prevail.
This Indirect Air Carrier Charter Agreement (“Agreement”) between BLADE Urban Air Mobility, Inc., located at 499 East 34th Street, New York City, NY 10016 ( “Blade”) and you (“Customer”) sets forth the terms and conditions in which Blade sells (i) individual seats (each, a “Seat”) or (ii) all seats (a “Charter”) on various aircraft between the locations described on the Blade App and Website (each, Seat and Charter may be referred to as individually or collectively, as a “Flight”).
BLADE IS NOT A DIRECT AIR CARRIER AND ALL FLIGHTS ARE OPERATED BY FAA/DOT LICENSED DIRECT AIR CARRIERS (“OPERATORS”). BLADE IS AN INDIRECT AIR CARRIER IN ACCORDANCE WITH 14 C.F.R. § 295.5(b) WHICH CONTRACTS WITH OPERATORS. FOR CHARTERS, BLADE ACTS AS CUSTOMER’S AGENT.
1. Making a Reservation.
a. Pre-existing Flights. The App and Website display available Seats on pre-existing Flights (each, a “Pre-existing Flight”). Customer requests for Seats on a Pre-Existing Flight may be made at any time the App and Website are operational.
b. Custom Flights. If a Seat on a Pre-Existing Flight at the time and destination you desire is unavailable, Customer may request the creation of a custom flight (“Custom Flight”). Upon payment of all Seats on the Custom Flight, Customer may request that Blade, market and sell Seats on the Custom Flight to other users of Blade’s services (a “Crowdsourced Flight” where you have purchased the “Initial Seat”). For each Seat that Blades sells on the Custom Flight, Customer receives “Blade Credits” in a pre-determined amount to be used towards future Flights. Blade Credits will be maintained on Customer’s Account and expire twelve (12) months following the date of their receipt. Customer shall not receive Blade Credits for Seats unable to be sold due to aircraft weight limitations.
c. FLIGHT CONFIRMATION. FLIGHTS ARE NOT CONFIRMED UNTIL FULL PAYMENT IS RECEIVED AND CUSTOMER RECEIVES A CONFIRMATION E-MAIL FROM BLADE (“Confirmation”).
2. Fares and Payments
a. Fares. Blade reserves the right to modify the Flight fares at any time prior to receipt of payment for such Flight.
b. Additional Costs. Flight fares do not include unexpected or incidental costs, for which Customer may be responsible, including but not limited to (i) after-hour operations, (ii) extraordinary FBO fees, (iii) catering requests, (iv) ground transportation requests, and (v) excess baggage. Customer is responsible for all costs, including excessive cleaning, associated with any damage, stains, or extraordinary wear and tear caused by, or otherwise attributed to, Customer or Customer’s passengers on any Flight (“Damage Fee”). All Damage Fees will be charged to the default form of payment listed on Customer’s account.
3. Late Passengers
Customers must arrive fifteen (15) minutes prior to their scheduled departure time. Flights may depart up to five (5) minutes ahead of their scheduled departure time due to circumstances including, but not limited to, weather, temporary flight restrictions, airport congestion, airport curfews and pilot duty times. Neither Blade nor the Operators have an obligation to wait for late passengers. Refunds are not issued for missed Flights. Customers who are late for Charters (i) are subject to late departure fees as described within our Flight Cancellation and Change Policies, and (ii) have no right to a refund if they are more than thirty (30) minutes late and the Operator can no longer service the Charter.
4. Flight Delay Policy.
Blade will use best efforts to notify Customer of delays or cancellations
If a Flight (i) in excess of fifty (50) miles is delayed more than two (2) hours, or (ii) departing the Hamptons to New York City on Monday mornings (“Hampton AM Flight”) is delayed more than one (1) hour, Customer may, subject to availability, change the Flight at no additional charge or cancel and receive a refund in Blade Credits. Except for Hampton AM Flights, passengers have no right to a refund or change without additional cost for Flights delayed less than two (2) hours.
To minimize cancellations and delays due to reasons outside of Blade’s control, Blade may reassign Customer to a different aircraft, which may include a change of airframe model. Blade will notify Customer of the change and if Customer declines the change, or if Blade has to move a Flight to a time earlier than your scheduled departure due to reasons outside Blade’s control, and Customer is unable to make the new departure time, Blade will provide Customer a refund in the form of Blade Credits.
5. Luggage Policy.
Customers are allowed one (1) carry-on per person (25 lbs maximum) per Flight. All baggage is subject to Operator’s sole discretion. Additional baggage requires Operator’s pre-approval. Blade nor Operators assume liable for lost, damaged, or delayed baggage. More details on Blade’s baggage policy can be found at https://blade.flyblade.com/p/luggage.
Pets are permitted on flights if they (i) under 20 lbs, and (ii) placed in an FAA approved carrier. Blade must be notified in advance of all travel with pets and service animals by calling Flier Relations at 844.359.2523.
7. Passenger Seating.
On all Flights, Operator reserves the right to assign specific seats to passengers.
8. Refusal to Transport.
Operators may refuse to transport or remove a passenger from an aircraft for any reason, including, but not limited to:
Refunds for Flights terminated under this Section will be determined on a case-by-case basis. If a refund is granted, such refund shall be Customer’s sole recourse against Blade.
9. LIMITED LIABILITY
BLADE DOES NOT PROVIDE TRANSPORTATION SERVICES AND IS NOT A DIRECT AIR CARRIER. BLADE OFFERS INFORMATION AND A METHOD TO OBTAIN THIRD-PARTY TRANSPORTATION SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY WAY AS A TRANSPORTATION CARRIER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES PROVIDED TO USER BY SUCH THIRD PARTIES. BLADE MAY INTRODUCE USER TO THIRD-PARTY TRANSPORTATION PROVIDERS TO PROVIDE USER TRANSPORTATION, BUT BLADE DOES NOT ASSESS THE SUITABILITY, LEGALITY, OR ABILITY OF ANY THIRD-PARTY TRANSPORTATION PROVIDER AND USER EXPRESSLY WAIVES AND RELEASES BLADE FROM ANY AND ALL LIABILITY, CLAIMS, OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD-PARTY TRANSPORTATION PROVIDER. USER ACKNOWLEDGES THAT BLADE DOES NOT MONITOR ANY THIRD-PARTY TRANSPORTATION PROVIDER’S ON-GOING COMPLIANCE WITH ANY AND ALL LICENSING AND/OR PERMITTING RULES AND REGULATIONS, AND BLADE WILL NOT BE RESPONSIBLE FOR ANY LIABILITY, CLAIMS, OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO A THIRD-PARTY TRANSPORTATION PROVIDER’S FAILURE TO MAINTAIN A CURRENT LICENSE AND/OR PERMIT. RESPONSIBILITY FOR THE DECISIONS USER MAKES REGARDING BLADE’S SERVICES RESTS SOLELY WITH USER. BLADE WILL NOT ASSESS THE SUITABILITY, LEGALITY, OR ABILITY OF ANY SUCH THIRD PARTIES AND USER EXPRESSLY WAIVES AND RELEASES BLADE FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM USER’S USE OF THE SERVICE, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO USER BY THE SERVICE. IN NO EVENT WILL BLADE, ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF USER OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, DEATH, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THIS SERVICES, PERSONS USER MEETS THROUGH THE SERVICES OR FLIGHTS USER BOOKS THROUGH THE SERVICES.
ANY DISPUTE USER HAS WITH ANY OPERATOR, CARRIER, SERVICE PROVIDER, OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN USER AND SUCH THIRD PARTY AND USER IRREVOCABLY RELEASES BLADE AND ITS MEMBERS, AFFILIATES, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. BLADE WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES BETWEEN USER AND ANY THIRD-PARTY. THE QUALITY OF THE FLIGHTS SCHEDULED THROUGH THE SERVICES ARE ENTIRELY THE RESPONSIBILITY OF THE THIRD-PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH FLIGHTS. USER UNDERSTAND THAT BY USING THE SERVICES, USER MAY BE EXPOSED TO TRANSPORTATION THAT IS POTENTIALLY DANGEROUS, HARMFUL, OR OTHERWISE UNSAFE AND THAT USER USES THE SERVICE AT USER AT THEIR OWN RISK.
BLADE DOES NOT PROVIDE OR HAVE AIR CHARTER BROKER LIABILITY OR ANY OTHER INSURANCE THAT EXTENDS OR IS INTENDED TO PROVIDE ANY COVERAGE, PROTECTION, OR BENEFIT TO USER BEFORE, DURING, OR AFTER ANY FLIGHT.
10. DISPUTE RESOLUTION
a. Mandatory Arbitration. Please read this carefully. It affects your rights. YOU AND Blade AND EACH OF OUR RESPECTIVE SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, AND PERMITTED ASSIGNS AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICE. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration.
i. Commencing Arbitration. A party who intends to seek arbitration must first send to the other, by certified mail, a written notice of intent to arbitrate (a “Notice”), or, in the absence of a mailing address provided by you to Blade, to you via any other method available to Blade, including via e-mail. The Notice to Blade should be addressed to BLADE Urban Air Mobility, Inc., 499 E. 34th Street, New York, NY 10016, Attn: General Counsel (the “Arbitration Notice Address”). The Notice must (A) describe the nature and basis of the claim or dispute; and (B) set forth the specific relief sought (the “Demand”). If you and Blade do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Blade may commence an arbitration proceeding as set forth below or file a claim in small claims court. THE ARBITRATION WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (the “Rules”), AS MODIFIED BY THIS AGREEMENT. The Rules and AAA forms are available online at www.adr.org. If you are required to pay a filing fee to commence an arbitration against Blade, then Blade will promptly reimburse you for your confirmed payment of the filing fee upon Blade’s receipt of Notice at the Arbitration Notice Address that you have commenced arbitration along with a receipt evidencing payment of the filing fee, unless your Demand is equal to or greater than $1,000 or was filed in bad faith, in which case you are solely responsible for the payment of the filing fee.
ii. Arbitration Proceeding. The arbitration will be conducted in the English language. A single independent and impartial arbitrator will be appointed pursuant to the Rules, as modified herein. You and Blade agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (A) the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (B) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (C) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
iii. No Class Actions. YOU AND BLADE AGREE THAT YOU AND Blade MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION SECTION WILL BE NULL AND VOID.
iv. Decision of the Arbitrator. Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement setting forth the reasons for the disposition of any claim. The arbitrator will apply the laws of the State of New York in conducting the arbitration. You acknowledge that these terms and your use of the Service evidences a transaction involving interstate commerce. The United States Federal Arbitration Act will govern the interpretation, enforcement, and proceedings pursuant to the Mandatory Arbitration clause in this Agreement.
b. Equitable Relief. The foregoing provisions of this Dispute Resolution section do not apply to any claim in which Blade seeks equitable relief of any kind. You acknowledge that, in the event of a breach of this Agreement by Blade or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against Blade, and your only remedy will be for monetary damages, subject to the limitations of liability set forth in this Agreement.
c. Claims. You and Blade agree that, notwithstanding any other rights the party may have under law or equity, any cause of action arising out of or related to this Agreement, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
d. Improperly Filed Claims. All claims you bring against Blade must be resolved in accordance with this Dispute Resolution section. All claims filed or brought contrary to this Dispute Resolution section will be considered improperly filed. Should you file a claim contrary to this Dispute Resolution section, Blade may recover attorneys' fees and costs up to $5,000, provided that Blade has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
e. Modifications. In the event that Blade makes any future change to the Mandatory Arbitration provision (other than a change to Blade’s Arbitration Notice Address), you may reject any such change by sending us written notice within 30 days of the change to Blade’s Arbitration Notice Address, in which case your account with Blade and your license to use the Service will terminate immediately, and this Dispute Resolution provision, as in effect immediately prior to the amendments you reject, will survive the termination of this Agreement.
f. Enforceability. If only Section 10.a.iii or the entirety of this Section 10 is found to be unenforceable, then the entirety of this Section 10 will be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 10 will govern any action arising out of or related to this Agreement.
11. Governing Law.
The laws of the State of New York, excluding its conflicts of law rules, govern this Agreement . Your use of the Service may also be subject to other local, state, national, or international laws. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action will be subject to the exclusive jurisdiction of the state and federal courts located in New York County, New York, and you hereby irrevocably submit to personal jurisdiction in such courts, and waive any defense of inconvenient forum.
You may not assign this Agreement or any of the rights or licenses granted hereunder, directly or indirectly, including by sale, merger, change of control, operation of law, or otherwise, without the prior written consent of Blade. This means that in the event you dispose of any device on which you have installed the App, such as by sale or gift, you are responsible for deleting the App from your mobile device prior to such disposition. Blade may assign this Agreement, including all its rights hereunder, without restriction.
The provisions of this Agreement that are intended to survive the termination of this Agreement by their nature will survive the termination of this Agreement, including, but not limited to, Sections Titled: Limited Liability, Third Party Disputes, Dispute Resolution, Governing Law, Assignment, Survival, Miscellaneous, and Contacting Blade.
This Agreement and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and Blade regarding your use of and access to the Service, and, except as expressly permitted above, may be amended only by a written agreement signed by authorized representatives of all parties to this Agreement. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of this Agreement or any provision of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in this Agreement is for convenience only and will not have any impact on the interpretation of particular provisions. In the event that any part of this Agreement is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Blade as a result of this Agreement or use of the Service.
15. Contacting Blade.
You can contact Blade by email at firstname.lastname@example.org, or by U.S. mail at BLADE Urban Air Mobility, Inc., 499 E. 34th Street, New York, NY 10016.