Terms and Conditions
These Terms and Conditions (”Terms”) govern your use of and access to applications, websites, content, products and services (”Services”) made available all over the world, including but not limited to national territories of the Federative Republic of Brazil and the United States of America or other countries such as in Europe and Latin America by FLAPPER Tecnologia S.A., a company registered and existing under the laws of the Federative Republic of Brazil, located at Rua Sergipe 1440 – 7th floor, in the Savassi neighborhood in the city of Belo Horizonte, CEP 30130-174, state of Minas Gerais, incorporated under the corporate ID "CNPJ" number 27.028.507/0001-00 ("FLAPPER" "Flapper App"). Under these Terms, your access and use of the Services constitute an agreement between FLAPPER and you ("USER"). In the case that you do not agree with these Terms, you can no longer can access or use the Services. These Terms expressively replace any previous agreement established between FLAPPER and you. FLAPPER may terminate this agreement or Services immediately, as well as interrupt the Services or deny access to the Services, at any time, in its sole discretion. FLAPPER may alter the Terms periodically, by publishing an update of the Terms, as well as by changing the usage policies. Your access after such publication will be considered as acceptance of said conditions established by FLAPPER. All of the information regarding this is available on our website, www.flyflapper.com.
The Services constitute a technology platform, which enables users of FLAPPER to search and hire – including through crowdsourcing mode – transportation and/or logistics services rendered by third-party companies, enrolled by FLAPPER (“AIR CHARTER OPERATORS”)./p>
THE USER ACKNOWLEDGES THAT FLAPPER DOES NOT PROVIDE TRANSPORTATION OR LOGISTIC SERVICES. FLAPPER WILL BE UTILIZED BY USERS TO REQUEST AND HIRE TRANSPORTATION OR LOGISTICS SERVICES OF AIR CHARTER OPERATORS. HOWEVER THE USER EXPRESSLY AGREES AND ACCEPTS THAT FLAPPER DOES NOT HAVE ANY RESPONSIBILITY AND NEITHER WILL BE LIABLE TOWARDS THE USER DUE TO ANY FLIGHT REALIZED AND NOR BY THE EQUIPMENT UTILIZED FOR TRANSPORTATION. FLAPPER, TO THE BEST OF ITS KNOWLEDGE, DECLARES THAT ALL AIR CHARTER OPERATORS AND THEIR RESPECTIVE AIRCRAFT HOLD EVERY DOCUMENT REQUIRED BY LAW. FLAPPER IS AN INFORMATION TECHNOLOGY COMPANY WHICH DOES NOT PROVIDE DIRECT SERVICES TO THE USERS, ONLY CONNECTING THE PARTIES AND TRANSMITTING REQUIRED INFORMATION BETWEEN THE USER AND THE AIR CHARTER OPERATORS.
Accordingly, the USER chooses the given aircraft type and complies with the luggage allowance established by the AIR CHARTER OPERATOR. Neither excess luggage nor extra charges for excess allowance will be accepted. Excess luggage will not be carried due to security reasons.
The USER must be present 15 minutes in advance of each departure, under the penalty of transportation cancellation or full charge, if sharing the same Service with other people.
The AIR CHARTER OPERATOR cannot wait for the USER. Not appearing at the appointed time will result in full charges on behalf of the USER.
The USER must provide advance notification if they will carry animals, of which transportation will depend on authorization from the aircraft owner, which can refuse the transportation at its sole discretion, with the exception of the transportation of a trained dog to conduct a person with visual impairment (guide dog).
The USER cannot carry a firearm, in accordance with the rules established by the local civil aviation authorities, including the ANAC, the DGAC or the FAA.
If the USER doesn’t find a desired flight for a given destination, they can request a new flight (“CHARTER”), and offer the service to others potentially interested in the Service.
Insurance, Responsibility, and Licenses
FLAPPER warrants that the partners (AIR CHARTER OPERATORS) have all licenses, permits, authorizations, or approvals and registrations required by the respective National Civil Aviation Agency (including ANAC, FAA, EASA, GDAC) or any other federal, state, or other regulatory agency required for the execution of this contract, including its current and valid COA certificates, and must comply with all the requirements and laws necessary to maintain its certificates.
The AIR CHARTER OPERATOR shall be fully responsible for aircraft at all times and shall maintain their operational control during the taxi, take off, landing, and termination of the operation, and may end the flight or refuse to initiate it without any consequential or incidental liability for loss, injury, damage or delay caused by such termination or refusal, if in their best view, the operation is being put in risk.
Every aircraft, regardless of its operational category, must have civil liability insurance coverage, corresponding to its registration category. Accordingly, all AIR CHARTER OPERATORS are certified by the local civil aviation authority and, therefore, provide compulsory civil liability insurance to USERS. As FLAPPER has no relation with this service, the responsibility lays entirely with the AIR CHARTER OPERATOR. FLAPPER guarantees that AIR CHARTER OPERATORS have liability insurance, including passenger insurance, for bodily injury and damages to third parties to the value of at least R$1.000.000,00 in a single combined limit.
Subject to the terms of this contract, FLAPPER grants the USER a limited nonexclusive, revocable, and non-transferable use license to access and utilize the application and website for personal, non-commercial use.
The USER cannot: (a) remove or copy the Services; (b) reproduce, modify, distribute, license, sub license, resell, transfer, and publish or exploit the Services in any other form.
The Services and all relevant rights belong to FLAPPER and do not entitle the USER to any rights, except those contracted herein.
The USER will create an account for personal use to utilize the SERVICES (“ACCOUNT”), whose registration requires the provision of personal information to FLAPPER, such as: name, email address, and cell phone number, as well as password. The USER expressly agrees to maintain and update the account information updated. If they do not comply with the provisions of this clause, the ACCOUNT may be blocked and FLAPPER will have the right to terminate this contract. The User is responsible for every ACCOUNT access, and is obliged to maintain the secrecy of their password.
The purchase of individual seats realized through the FLAPPER application or www.flyflapper.com page requires a login and password and a confirmation of reservation sent by email. In the case of purchases realized “offline” – including those processed by the Customer Support team or Onsite Team – the USER will be asked to provide a valid email address to receive a reservation.
Attention! CONFIRMATION OF YOUR TRIP IS SUBJECT TO RECEIVING THE E-TICKET IN THE REGISTERED E-EMAIL.
The purchase of air tickets for scheduled and pre-scheduled FLAPPER flights may be realized up to two (2) hours before the scheduled departure time.
All flights contracted by the USER are subject to stop-overs and mandatory technical breaks required to realize the full mission. Such information might or might not be available online on FLAPPER website, application, and online reservation prior to department.
FLAPPER shared services – including flights to / from Angra dos Reis Airport – might include a mandatory stop-over in the cities of Paraty, Ubatuba, or Rio de Janeiro. FLAPPER shared services – including flights to / from Paraty Airport – might include a mandatory stop-over in the cities of Angra dos Reis or Ubatuba.
FLAPPER will make its best effort to inform clients about potential stops before the flight.
FLAPPER grants corporate- and leisure travel agencies (“AGENCY”) the non-exclusive right to promote and sell to individuals or legal entities within the national territory, shared flights and charters which FLAPPER is authorized to commercialize.
For the sale of air tickets and charters of FLAPPER, the AGENCY will receive a commission, to be paid by a bank deposit to a checking account to be indicated by the AGENCY and within the period stipulated by FLAPPER, according to the terms specified in the contract signed with AGENCY.
It is hereby established that the AGENCY, regardless of whether or not it is entitled to the commission, is required to reimburse FLAPPER for the following occurrences:
- Application of incorrect tariffs;
- “Chargeback”: When the credit card holder objects and does not authorize the expenses expressed in the statement sent by the credit card’s issuing bank, either by the hypothesis of not having made the purchase, or by the hypothesis of card cloning fraud;
- Incorrect charges;
- Unauthorized discounts;
- Any other event not provided for in this Agreement, which entails the collection of an incorrect amount due to the AGENCY’s activity;
Forms of Payment
Payments for the purchased air tickets will be made by credit cards VISA, ELO, MASTERCARD, AMEX, ALELO, and DINERS, of which details will be disclosed at the time of purchase of the air ticket (s) through the FLAPPER application or www.flyflapper.com site or, if invoiced, by bank slip or transfer / deposit in checking account.
The payment of tickets purchased through USER’s credit card will respect the payment types and the maturity dates of the credit card itself.
The payment, when due by bank bill or transfer / deposit in checking account, must occur until the due date, under a penalty of 2% (two percent) on top of the amount in arrears, in addition to interests of 0.033% (zero point zero thirty-three percent) per day, increased by the IPCA-IBGE monetary correction index.
Paying in Installments
The FLAPPER website and application allow payment by credit cards (cash or installment) of the following brands: VISA, ELO, AND MASTERCARD. Credit card installments allow the USER to pay for items over a specific period of time. Upon completion, there is no possibility of modification of the payment method and installment values. FLAPPER allows for up to 3x installment payment, with interest of 1.99-4.00% per month, according to the values in the application next to each purchase.
For charter flights, the rental amount must be paid by bank transfer with a due date specified in the Charter Contract. Once the flight is confirmed, the USER automatically grants authorization for billing. The billing will occur once the flight ends. Additional amounts may be charged in case of modification of the route, or contracting of additional services not taken into account in the sent quotation.
FLAPPER must present USERS with an invoice for each charter or shared flight contracted.
FLAPPER, in accordance with the credit limit approved for each USER or AGENCY, will allow for payment by invoice, under the terms of the following sub-clauses.
FLAPPER will carry out an analysis of all amounts due by the USER or AGENCY and will issue the respective invoices, with a maturity of fifteen (15) days, counted from the closing date of the summary.
The invoice issued will be sent automatically to the email registered by the USER for payment, and in the event of not receiving the communication at the fortnightly closing, the USER or AGENCY should contact FLAPPER through the email support [at ] flyflapper.com so that there are no incidences of any penalties for non-payment.
Purchases by invoice and subsequent payments pursuant to this clause, will be suspended whenever the USER / AGENCY defaults for a period longer than thirty (30) days, in relation to any amount due.
Frauds and Chargebacks
FLAPPER will not be responsible for any fraud or CHARGEBACKS, whereby a USER contacts the operator of his credit card and claims not to have authorized the payment of the service and / or does not acknowledge the purchase values on their invoice.
The fraudulent use of the application or site by both a USER and the AIR CHARTER OPERATOR will result in the obligation to indemnify FLAPPER due to the damages caused and will be punishable under the terms of the legislation in force.
The SERVICES are available to USERS who are eighteen (18) years of age or older. USERS cannot authorize third parties to utilize their accounts, as well as they cannot authorize minors to utilize the AIR CHARTER OPERATOR’s services unless they are accompanied by the USERS themselves.
The inspection of the boarding of USERS accompanied by minors under eighteen (18) years shall be made by and under the responsibility of the AIR CHARTER OPERATOR. Parents’ judicial authorization will be required, in accordance with existing laws.
Under no circumstances may the USER assign or transfer their ACCOUNT to third parties. The USER agrees to comply with the law when using the SERVICES. On certain occasions, FLAPPER may request that the USER provide proof of identity to access the ACCOUNT. If you refuse to provide this data, your access may be denied.
Email and Text Messages
The USER agrees to receive text messages, including USSD and e-mail, with information regarding the SERVICES.
The USER is responsible for obtaining Internet network access required to use the FLAPPER application and website. The USER is responsible for purchasing devices compatible with the application / site. FLAPPER does not warrant that the SERVICES will be made available or will function properly should the Internet system fail.
Application and Website
FLAPPER application and www.flyflapper.com website represent a specialized service which aims to optimize the process of contracting an air charter service and are not linked to any association of COMPANIES OR CIVIL AVIATION PILOTS. FLAPPER acts exclusively as a service provider for scheduling / facilitating transportation of USERS and between AIR CHARTER OPERATORS registered by FLAPPER. Through these systems FLAPPER allows a USER to register and locate trips according to specifications defined by the USER in order to request the services to be provided in a more efficient way than conventionally. The AIR CHARTER OPERATOR, in turn, can register directly by sending all necessary documents to support [ at ] flapper.aero, pending an internal evaluation by FLAPPER.
Interruption and Errors of Application and Website
FLAPPER does not guarantee that the application and website will always be available and that they will always be free of errors and therefore is not liable for damages caused to USERS due to any interruption in the functioning of the application / site.
The USER further agrees that FLAPPER will not be liable for any damages or losses caused to its mobile device or any other electronic equipment as a result of the use of the application / website.
Tariffs and Cancellation and Return Policy
The fees will be charged according to the helicopter / plane chosen by the USER and will be displayed in the application. The transportation fee will be charged as per the reservation document and in accordance with the cancellation scheme below.
TRANSPORTATION WILL BE CONFIRMED TO THE USER THROUGH THE APPLICATION / WEBSITE OR BY EMAIL AND SMS.
If necessary, for example, in case of problems with the online payment system (payment gateway), a boleto ticket will be issued to complete the payment.
Unless specified otherwise on the charter contract, the payment of the services and the cancellation and return policy follow the following criteria:
|DAYS BEFORE THE FLIGHT||PAYMENT IS LOCKED / CREDIT CARD CHARGE|
|D7||IN CASE OF CANCELLATION, RETURN OF 100% (HUNDRED PER CENT) OF THE VALUE LOCKED ON THE CREDIT CARD.|
|D6||100% (HUNDRED PER CENT) OF THE VALUE LOCKED.|
|ANYTIME||IF THE PILOT OR AIR CHARTER OPERATOR CANCEL THE FLIGHT, THERE WILL BE NO CHARGE. IF THE FLIGHT DOES NOT OCCUR DUE TO BAD METEOROLOGICAL CONDITIONS, FLAPPER SHOULD ARRANGE A NEW TRANSPORTATION OPTION TOGETHER WITH THE AIR CHARTER OPERATOR WITHIN 6 HOURS OR ARRANGE A COMMERCIAL AVIATION FLIGHT.|
The request for a change of route by the user will trigger a fine of 50% of the value of the flight, obeying the above scheme. The route cannot be changed on the day of flight (D0), under penalty of payment of the full value of the transportation plus a 50% fine for the change.
Limitation of Liability
FLAPPER does not operate flights, acting merely as an intermediary which facilitates contracting of the air charter service. Thus, by accepting the terms of services, the USER acknowledges that FLAPPER only facilitates the contact between the USER and AIR CHARTER OPERATOR, and the contracting of the services is done directly between the parties (user and the selected air charter company).
The USER further acknowledges and agrees that:
- FLAPPER shall not be liable for acts and omissions of any USER or AIR CHARTER OPERATOR, or loss of commitment as a result of any act, discussions, among other events, including the effective fulfillment of the obligations assumed by USERS or AIR CHARTER OPERATORS among themselves;
- FLAPPER cannot be held responsible for the loss, damage or lost objects inside the airplane or helicopter.
- By registering and using the services provided by the APPLICATION / SITE, the USER does so at their own risk. FLAPPER recommends that every transaction be made with good judgment, and the USER must refrain from triggering any events that may potentially be harmful to themself; and
FLAPPER will not be responsible for errors caused by the USER because of the non-conference of the value of the flight entered in the APPLICATION / SITE and approval of the payment of said value, the USER being the sole responsible for this process.
FLAPPER IS NOT RESPONSIBLE AND WILL NOT BE LIABLE FOR ANY TYPE OF LOSS OR DAMAGE CAUSED DIRECTLY OR INDIRECTLY TO THE USER AS A RESULT OF: (i) ACCESS OR USE OF THE SERVICES OR DISABILITY OF THE SERVICES; OR (ii) ANY TRANSACTION MADE BETWEEN USER AND THE AIR CHARTER OPERATOR. FLAPPER SHALL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO EFFECTUATE THE SERVICES PROVIDED BY REGISTERED AIR CHARTER OPERATORS.
The User agrees to indemnify and hold FLAPPER, its administrators, employees, and agents free from any claims, demands, losses, damages, and expenses, including legal expenses, arising out of (i) the use of the Services or (ii) breach of any provisions of this Agreement.
The Agreement Venue
Any doubt arising or action arising from the present will be settled, by choice of the parties, at the Forum of Commerce of Belo Horizonte.
The USER agrees that this agreement and all of its amendments may be assigned automatically by FLAPPER, at its sole discretion, by means of a notification sent to the USER within forty eight (48) hours in advance, to the e-mail address registered in the ACCOUNT.
If you have any questions, doubts, suggestions regarding the terms of the Above Agreement, please feel free to email us at support [ at ] flapper.aero.
The terms of this agreement overwrite any prior agreement between the Parties.
Last update on 27/07/2020.