TERMS OF SERVICE CONDITIONS

CONTRACTUAL RELATIONSHIP

These Terms of Service (”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 territory of the Republic of Brazil, United States of America, European Union, and Latin America by FLAPPER Tecnologia S.A., a company registered and existing under the laws of the Republic of Brazil, located at Av. Afonso Pena 4000 – 4th floor, at Cruzeiro neighborhood in the city of Belo Horizonte, CEP 30130-009, state of Minas Gerais, incorporated under CNPJ 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 case you don’t agree with these Terms, you 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 change the usage policies.

Your access after such publication is going to be considered as acceptance of conditions established by FLAPPER.

All the information is available on our website, www.flyflapper.com

SERVICES

The Services constitute a technology platform, which enables users of FLAPPER to plan and contract – including through collective 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 PLAN TRANSPORTATION OR LOGISTICS SERVICES OF AIR CHARTER OPERATORS, HOWEVER THE USER EXPRESSIVELY AGREES AND ACCEPTS THAT FLAPPER DOES NOT HAVE ANY RESPONSIBILITY AND NEITHER WILL BE LIABLE TOWARDS THE USER BY ANY FLIGHT HELD AND NOR BY THE EQUIPMENT UTILIZED FOR TRANSPORTATION. FLAPPER, AT ITS BEST 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 PRODUCT OR DIRECT SERVICES TO THE USERS, ONLY CONNECTING THE PARTIES AND TRASMITTING REQUIRED INFORMATION BETWEEN THE USER AND THE AIR TAXI OPERATOR.

With this in mind, the USER will choose the given aircraft type and will comply 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 has to be present 15 minutes in advance of each departure, under penalty of transportation cancellation or full charge, if sharing the same Service with other people.

The AIR CHARTER OPERATOR cannot wait for delay. Not appearing at the appointed time will result in full charges for the USER.

The USER must notify if they 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 trained dog to conduct person with visual impairment (guide dog).

The USER cannot carry a firearm, in accordance with the established rules by ANAC.

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 National Transportation Agency and ANAC 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 ANAC 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 a 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.

USE LICENSE

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 its personal, non-commercial use.

RESTRICTIONS

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.

OWNERSHIP

The Services and all relevant rights belong to FLAPPER and do not entitle the USER to any rights, except the herein contracted.

USE LICENSE

The USER will create an account for personal use to utilize the SERVICES (”ACCOUNT”), whose register requires the provision of personal information to FLAPPER, such as: name, email address and cell phone number, as well as password register. The USER expressly agrees to maintain 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 his password in secret.

PURCHASE OPERATIONS

The purchases of airplane tickets realized through FLAPPER application or www.flyflapper.com page require a login and password and a confirmation of reservation sent by email.

Attention! CONFIRMATION OF YOUR TRIP IS SUBJECT TO RECEIVING THE E-TICKET TO 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.

AGENCIES

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;
  • "Chargerback": 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 informed at the time of purchase of the air ticket (s) through 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.

FLAPPER enables the credit card payments through partnership with companies specialized in financial services (payment gateways). FLAPPER is not responsible for the privacy policy of these services and we hence recommend that you check it regularly. We do not store your credit card or bank account data: this makes part of the responsibility of our payment gateway.

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 interests of 1.99-4.00% per month, according to the values in the application next to each purchase.

PAYING FOR CHARTERS

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 account for in the sent quotation.

INVOICE SLIP

FLAPPER must present USERS with an invoice for each charter or shared flight contracted.

INVOICING

FLAPPER, in accordance with the credit limit approved for each USER or AGENCY, will allow for paying by invoice, under the terms of the following sub-clauses.

FLAPPER will carry out the analysis of all amounts due by the USER or AGENCY and will issue the respective invoices, with a maturity of 15 (fifteen) 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@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 30 (thirty) 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 his 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.

USER CONDUCT

The SERVICES are available to Users who are 18 (eighteen) 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 18 (eighteen) years shall be made by and under the responsibility of the AIR CHARTER. Parents’ judicial authorization will be required, in accordance to 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 provides proof of identity to access the ACCOUNT. If you refuse to provide the 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.

DEVICES

The USER is responsible for obtaining Internet network access required to use the FLAPPER application and website. The USER is responsible for purchasing the devices compatible with the application / site. FLAPPER does not warrant that the ERVICES 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 the trips according to the 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@flyflapper.com, pending an evaluation of 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.

TARRIFS & CANCELLATION AND RETURN POLICY

The fees will be charged according to helicopter / plane chosen by the USER and will be displayed in the application. The transportation fee will be charged as per reservation document and in accordance with the cancellation scheme below.

THE 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.

In general, 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, serving only as an intermediary in order to optimize the air charter scheduling service. Thus, by accepting the terms of services, the USER acknowledges that FLAPPER only facilitates the contact between then 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:

  1. 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;
  2. FLAPPER cannot be held responsible for the loss, damage or lost objects inside the airplane or helicopter.
  3. By registering and using the services provided by the APPLICATION / SITE, the USER does so at his sole 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 him; 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.

INDEMNITY

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 the Commerce of Belo Horizonte.

GENERAL PROVISIONS

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 48 (forty eight) hours advance, to the e-mail 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@flyflapper.com

The terms of this agreement overwrite any prior agreement between the Parties.

Last update on 10/10/2018.