Legal

Surf Air Terms of Use

Effective Date: June 14, 2016

NOTICE OF ARBITRATION PROVISIONS:Your use of Our Site is subject to binding individual arbitration of any disputes which may arise, as provided in Section XV below.Please read the arbitration provisions carefully and do not use Our Site if you are unwilling to arbitrate any disputes you may have with us as provided below.

Welcome to www.beechcroftinn.com. The www.beechcroftinn.com website (the “Site”) is comprised of various web pages operated by Surf Air (“Surf Air,” “Our,” “Us” or “We”). www.beechcroftinn.com is offered to You (“You,” “Your” or “User”) conditioned on Your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Site constitutes Your agreement to all such Terms. Please read these Terms carefully, and keep a copy of them for Your reference. The purpose of this website is to provide information regarding services available through Surf Air memberships and allow Surf Air members to reserve flights and manage their reservations.

BY ACCESSING OR USING THE SITE, USER AGREES TO BE BOUND BY THESE TERMS, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND TERMINATION PROVISIONS BELOW. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE.

I) General

This Site provides information about Surf Air and its services. All services advertised on this Site are available for delivery only within the United States. Use of this Site is limited to legitimate purposes. Surf Air may, from time to time, introduce new features to this Site or modify or delete existing features in its sole discretion. Surf Air shall notify You of any of these changes to features to the extent Surf Air may be required to do so by law. By using any new or modified features when they become available, You agree to be bound by these Terms concerning such features.To the extent that an arbitrator or court of applicable jurisdiction determines that applying any changes to these Terms would render this an illusory or unenforceable contract, such changes shall be applicable on a prospective basis only, with respect to events or circumstances occurring after the date of such changes, to the extent necessary to avoid these Terms being deemed illusory or unenforceable.

Surf Air does not authorize the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of the information contained herein for commercial purposes. All prices for services offered by Surf Air on this Site are quoted in U.S. currency, are valid and effective only in the United States, and are subject to change at any time without notice.

SURF AIR, ALL-YOU-CAN-FLY, and AIR WITHOUT THE LINES are trademarks or registered trademarks of Surf Air in the United States and/or certain other countries.

II) Privacy

Your use of the Site is subject to Surf Air’s Privacy Policy (located at http://www.beechcroftinn.com/legal.html), which is incorporated herein by reference. Please review Our Privacy Policy, which also governs the Site and informs users of Our data collection practices.Our Privacy Policy’s terms and conditions will change from time to time, and as a condition of browsing this Site, or using any features, You agree that You will first review Our Privacy Policy.

III) Electronic Communications

Visiting the Site or sending emails to Surf Air constitutes electronic communications. You consent to receive electronic communications and You agree that all agreements, notices, disclosures and other communications that we provide to You electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

IV) Permitted Use of the Site and Your Account

Use of the Site

Our Site is for your personal and non-commercial use. Unless otherwise agreed to in writing by Surf Air, you agree that you will not use the Site, or duplicate, download, publish, modify or otherwise distribute or use any material on the Site for any purpose, except for your personal, non-commercial use. You also agree that you will not link to any page on the Site other than the home page (for example, “deep linking”), without Surf Air’s prior written consent. Use of the Site or other Service or any materials or content on the Site for any commercial or other unauthorized purpose is prohibited. Surf Air cannot and will not be liable for any loss or damage arising from User’s failure to comply with User’s obligations hereunder. Surf Air reserves the right to suspend or terminate any User’s use of this Site upon notice to User that it reasonably determines may have been used for an unauthorized purpose. Surf Air will not be liable for any damage, injury or other such loss that the User incurs by failing to comply with these Terms.

Your Account

If You establish a personal account with us, you agree to (1) provide true and accurate data about yourself on our account registration form, and to update and keep such data current. If You use this site, You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer and/or other device, and You agree to accept responsibility for all activities that occur under Your account or password. You may not assign or otherwise transfer Your account to any other person or entity. You acknowledge that Surf Air is not responsible for third party access to Your account that results from theft or misappropriation of Your account. Surf Air and its associates reserve the right to refuse or cancel Your service, terminate accounts, or remove or edit content in our sole discretion, without prior notice to You.

V) User Conduct

It is a condition of Your use of the Site that You do not:

A) Interfere with any other user from using and enjoying the Site;

B) Collect information about other users or third parties via the Site or use any such information for the purpose of transmitting or facilitating transmission of unauthorized or unsolicited advertising, junk or bulk e-mail, chain letters, or any other form of unauthorized solicitation;

C) Engage in the systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory, without Surf Air’s prior written consent;

D) Solicit other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in illegal schemes or plan or participate in scams involving other users; or

E) Attempt to gain unauthorized access to other computer systems or networks connected to the Site.

Additionally, you agree that you will not use the Site to upload, post, or otherwise distribute or facilitate distribution of any material that:

F) Is libelous, defamatory or slanderous;

G) Is sexually suggestive or contains explicit sexual content (including nudity);

H) Does or may denigrate or offend any individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

I) Does or may threaten, abuse, harass, or invade the privacy of any third party;

J) Is fraudulent or infringes the rights of any third party, including, without limitation, patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights;

K) Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

L) Contains a software virus or any other computer code that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment, or to damage or obtain unauthorized access to any data or other information of any third party;

M) Encourages conduct that would constitute a criminal offense or give rise to civil liability;

N) Impersonates any person or entity, including any employee or representative of Surf Air; or

O) Violates any applicable law or these Terms.

VI) Children’s Online Privacy Protection Act Notification

Surf Air is not designed or intended for use by persons under the age of 18.Surf Air does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If You are under 18, You may use the Site only with permission of a parent or guardian.

Pursuant to 47 U.S.C. Section 230(d) as amended, Surf Air hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Electronic Frontier Foundation Web site, http://www.eff.org. To view information on our policy regarding the privacy of children under the age of 13, please see our Privacy Policy.

VII) Monitoring

Surf Air may, but has no obligation to, monitor the use of the Site and Our services by Users. During monitoring, information may be examined, recorded, copied, and used for authorized purposes in accordance with the Surf Air Privacy Policy. Furthermore, Surf Air reserves the right at all times to disclose any information posted on any portion of the Site and Our services as necessary to satisfy any law, regulation or governmental request, or to refuse to post, or to remove, any information or materials, in whole or in part, that in Surf Air’s sole and absolute discretion are objectionable or in violation of these Terms.

VIII) Links to Third Party Sites/Services

The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Surf Air and Surf Air is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Surf Air is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by Surf Air of the site or any association with its operators.

Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.beechcroftinn.com domain, You hereby acknowledge and consent that Surf Air may share such information and data with any third party with whom Surf Air has a contractual relationship to provide the requested product, service or functionality on behalf of the Site’s users and customers.

IX) No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms. As a condition of Your use of the Site, You warrant to Surf Air that You will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

Unless otherwise noted, the trademarks, logos, photography, brand names and service marks used on this Site are owned by Surf Air or by third parties that have licensed their use to Surf Air. User may print copies of the content of this Site, provided that these copies are made only for internal use, and that any notices contained in any such content, such as all copyright notices, trademark legends, or other proprietary rights notices, are maintained. Other use of these marks or Site content, except as specifically permitted in these Terms or in a writing signed by an authorized employee of Surf Air, is strictly prohibited. Elements of this Site are protected by trade dress, trademark, unfair competition and other state and federal laws and, except as expressly permitted herein, may not be copied or imitated in whole or in part by any means, including, but not limited to, the use of framing or mirrors. User shall not store electronically any significant portion of this Site.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Surf Air content is not for resale. Your use of the Site does not entitle You to make any unauthorized use of any protected content, and in particular You will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for Your personal use, and will make no other use of the content without the express written permission of Surf Air and the copyright owner. You agree that You do not acquire any ownership rights in any protected content. We do not grant You any licenses, express or implied, to the intellectual property of Surf Air or our licensors except as expressly authorized by these Terms.

X) Third Party Accounts

You will be able to connect Your Surf Air account to third party accounts. By connecting Your Surf Air account to Your third party account, You acknowledge and agree that You are consenting to the continuous release of information about You to others (in accordance with Your privacy settings on those third party sites). If You do not want information about You to be shared in this manner, do not use this feature.

XI) International Users

The Service is controlled, operated and administered by Surf Air from our offices within the USA. If You access the Service from a location outside the USA, You are responsible for compliance with all local laws. You agree that You will not use the Surf Air Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

XII) Indemnification

You agree to indemnify, defend and hold harmless Surf Air, its officers, directors, employees, agents and third parties (the “Surf Air Parties”), for any damage, loss, cost or expense (including without limitation, legal fees and costs) incurred in connection with any third-party claim, demand, proceeding or action (“Claim”) brought against any of the Surf Air Parties relating to or arising out of Your use of or inability to use the Site or services, any user postings made by You, Your violation of any of these Terms or Your violation of any rights of a third party, or Your violation of any applicable laws, rules or regulations, including without limitation any trademark, copyright or other proprietary or privacy right. If you are obligated to indemnify any of the Surf Air Parties, Surf Air may, in its sole and absolute discretion, control the defense and disposition (including its possible settlement) of any Claim at your sole cost and expense. Without limitation of the foregoing, you will not settle, compromise or in any other manner dispose of any Claim without the written consent of Surf Air.

XIII) Disclaimer of Warranties

While Surf Air uses reasonable efforts to include up to date information on the Site, Surf Air makes no warranties or representations as to its accuracy, timeliness, reliability, completeness or otherwise. All information, software, products, and services included in or available through the Site are of a general nature only. The documents and related graphics may include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Surf Air and/or its suppliers may make improvements and/or changes to the Site at any time. We expressly disclaim any responsibility or liability for any adverse consequences or damages resulting from Your use of the Site or reliance on the information included in or available through the Site.

SURF AIR PROVIDES THE SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. SURF AIR, SURF AIR PARTIES, ITS AFFILIATES, AGENTS AND LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SURF AIR DOES NOT WARRANT THAT THE SITE OR OTHER SERVICE WILL (1) BE UNINTERRUPTED; (2) BE FREE FROM INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; (3) MEET YOUR REQUIREMENTS; OR (4) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. YOUR USE OF THE SITE IS SOLELY AT YOUR RISK.

XIV) Limitation of Liability

YOUR USE OF OUR SITE IS ENTIRELY AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SURF AIR, SURF AIR PARTIES AND/OR ITS SUPPLIERS BE LIABLE TO USER OR ANY OTHER ENTITY OR PERSON FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR ANY OTHER INTERNET WEBSITE, WITH THE DELAY OR INABILITY TO USE THE SITE, RELATED SERVICES OR ANY OTHER INTERNET WEBSITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SURF AIR OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, SURF AIR’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION.YOU UNDERSTAND AND AGREE THAT IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

XV) Dispute Resolution

In the event of a dispute under this Agreement, where such dispute has not been settled within ninety (90) days after written notice from either party to the other of the existence of the dispute, the parties agree that, at the request of either party, such dispute will be submitted for binding arbitration with the following conditions:

A) the proceeding will be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules, provided, however, that the arbitrator will be required to issue a statement of the reasons upon which his or her decision is based;

B) the proceeding will be held in Santa Monica, CA;

C) the arbitrator will decide the assignment of the costs of the arbitration based on allocation of fault;

D) the proceeding will be closed except to the parties, their attorneys, representatives, witnesses, and experts, all of whom must agree or have a duty to maintain the confidentiality of the dispute and its result, except as needed to implement the ruling; and

E) the decision of the arbitrator will be enforceable in any court of competent jurisdiction. The arbitrator will not be authorized to override any provision hereof, including, without limitation, any specified limitations of liability.

XVI) Termination/Access Restriction

In its sole and absolute discretion, with or without notice to you, Surf Air may cease to provide services to You through the Site or add or create new limits to our services at any time. Surf Air may suspend or terminate your use of and access to the Services, terminate your account and/or remove and discard anything transmitted by you, or information stored, sent, or received via the Services without prior notice and for any reason, including, but not limited to: (i) concurrent access of the Services with identical user identification, (ii) permitting another person or entity to use your user identification to access the Services, (iii) any unauthorized access or use of the Services, (iv) any violation of these Terms, or(v) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Services. You may terminate your account according to your Membership Plan details by contacting Member Care at membercare@surfair.com. Surf Air shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of the Services. Termination, suspension, or cancellation of the Services or your access rights shall not affect any right or relief to which Surf Air may be entitled, at law or in equity, and all rights granted to you will automatically terminate and immediately revert to Surf Air.

XVII) Force Majeure

Surf Air shall not be liable for any nonperformance or delay in performance caused by any act or event beyond its reasonable control, including, but not limited to, acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lockouts, fire, flood or any other act of God, any law, regulation, ordinance or other act or Order of any court, government or governmental agency, or delays, unavailability, errors or other failures of the Internet or other data networks.

XVIII) Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You.

XIX) Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship exists between You and Surf Air as a result of this agreement or use of the Site. Surf Air’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Surf Air’s right to comply with governmental, court and law enforcement requests or requirements relating to Your use of the Site or information provided to or gathered by Surf Air with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Surf Air with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Surf Air with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English. These Terms shall be governed by the laws of the State of California, without regard to its conflict of law rules. Any claims or litigation arising under these Terms will be brought by the parties solely in the Federal courts in the Central District of California or the State courts in Los Angeles County, California.

XX) Changes to Terms

Surf Air reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. Surf Air encourages You to periodically review the Terms to stay informed of our updates.

XXI) Contact Us

Surf Air
1408 Third Street Promenade Ste. 300
Santa Monica, California 90401

Email Address: membercare@surfair.com
Telephone number: (888) 704-2582

SURF AIR COOKIES AND TRACKING TECHNOLOGIES POLICY

Effective Date: June 14, 2016

We use a variety of technologies to help us better understand how you use www.beechcroftinn.com (the “Site”) and our services (collectively, “Surf Air”). You can find out more about these technologies and how to control them in the information below.This Cookies and Tracking Technologies Policy (the “Policy”) forms part of the Surf Air Privacy Notice (available at www.beechcroftinn.com/legal) and if some of the terms used in this Policy are not defined in this Policy, you may find the definitions in the Surf Air Privacy Notice.

NOTICE OF ARBITRATION PROVISIONS:Your use of the Site is subject to binding individual arbitration of any disputes which may arise, as provided in the Surf Air Terms of Use (located at www.beechcroftinn.com/legal).Please read the arbitration provisions carefully and do not use the Site if you are unwilling to arbitrate any disputes you may have with us as provided below.

1) Cookies and Tracking Technologies We Use

Like many companies, we use cookies and similar technologies on our Site (referred to together from this point forward as “Cookies”, unless otherwise noted). We may use Cookies for a variety of purposes and to enhance your online experience.

Tracking technologies have two different lifespans:

Persistent?means it remembers certain information about your preferences for viewing the Site, and allows Surf Air to recognize you each time you return. Persistent cookies are stored on your browser cache or mobile device until you choose to delete them.

Session, on the other hand, is specific to a particular visit to the Site, to carry information as you view different pages on Surf Air so you don’t have to re-enter information. Session cookies expire and delete themselves automatically when you leave the Site or close your web browser.

Surf Air uses tracking technologies for a few general purposes:

Strictly necessary: Vital to ensuring that Surf Air works properly for visitors and members.

Performance: Help us understand how the Site is functioning so that we can improve our services.

Functionality: Retain your personal preferences as you use the Site to enhance your experience.

Marketing and Advertising: Gather data to help deliver advertising content relevant to your interests.

Our Site uses the following types of Cookies and tracking technologies:

Cookies: A “cookie” is a small data file that can be placed on your hard drive when you visit certain websites. We use cookies to collect, store, and sometimes track information for statistical purposes to operate and improve the products and services we provide and to manage our network and property. We also use cookies to save your personal settings and to provide customizable and personalized services. To measure site activity and provide a better user experience, we may allow our service providers or business partners to compile information from the Cookies, Web beacons or other technologies on our websites which may include information about your visit (such as demographic data, browser type, IP address, pages visited, activities conducted on the page and the day and time of your visit). We may also allow third party advertising and personalization partners to use this information to develop personalized content and appropriate advertising based on your visits over time on Surf Air web sites and non-Surf Air web sites.

Log Data: When you visit our Site, whether as a member, a guest or as a visitor just browsing, our servers automatically record information that your browser sends whenever you visit a website, called “log data.” This log data may include information such as your computer’s Internet Protocol (IP) address, browser type or the website from which you are visiting, pages of our Site that you visit, the time spent on those pages, information you search for, access times and dates, and other statistics.

Web Analytics: We may use third party web analytics services such as Google Analytics on this Site or on social media platforms. The service providers that administer these services use technologies such as cookies, web server logs and web beacons to help us analyze how visitors use the Site. The information collected through these means (including IP address) is disclosed to these service providers, who use the information to evaluate use of the Site. We may also generate aggregate, non-identifying profiles from information provided during registration (such as the total number, but not the names, of members), as well as through online surveys and promotions with select advertisers. We may use this aggregated and non-identifying information to sell advertisements that appear on our Sites and our services.

Other Technology: Surf Air engages third parties to track and analyze individual usage and volume statistical information from individuals who visit our Site by recording clickstream behavior, including what information is displayed on the screen to the visitor, which pages visitors go to most often and whether visitors receive error messages from certain pages. This information is used to enhance the functionality and features of our Site, and for troubleshooting purposes.

We may contract with third-party advertising companies that collect IP addresses and other information through the use of cookies, web server logs and web beacons on our Sites and emails; on third-party websites and emails; and on our advertising placed on third-party websites. These companies may use information about your visits to the Sites and other websites in order to provide advertisements on other sites about goods and services that may be of interest to you (including for companies not affiliated with us). To learn more about these and other advertising networks and their opt-out instructions, click here.

We may enhance or merge non-personally identifiable and/or personally identifiable information that you provide to us directly with information from other sources, including third parties, for the purposes described below. We may also collect publicly available information from affiliated and unaffiliated third parties.

Your use of the Online Services indicates your consent to our use of Cookies. For further information about our use of Cookies and your opt-out choices, see the section entitled “Your Choices and Opting Out” below.

2) Do Not Track

At this time, we do not honor “do not track” signals from website browsers. However, you may refuse or delete cookies. If you refuse or delete cookies, some of the functionality of our Site may be impaired. If you turn off cookies, web logs and other technologies will still detect visits to our Site, but the information they generate cannot be associated with other non-identifiable cookie information and are disregarded. Please refer to your browser Help instructions to learn more about how to manage cookies and the use of similar technologies.

3) Your Choices and Opting Out

You can change your web browser’s settings to reflect your cookie preferences. Each browser is a little different, but usually these settings are under the “options” or “preferences” menu. The links below provide information about cookie settings for the browsers supported by Surf Air:

• Internet Explorer
• Firefox
• Chrome
• Safari

Please note that if you reject or block all cookies in your browser settings, you may not be able to take full advantage of Surf Air’s Site as some cookies are necessary for proper functioning of the Site.

Surf Air Membership Agreement

Effective Date: August 20, 2018

By subscribing to a Surf Air (“Surf”) membership (the “Membership”), the person or entity subscribing to the Membership (hereafter the “Member“) agrees to the terms and conditions set forth herein (this “Membership Agreement”).? The “Membership Term” commences on the date that a Member is permitted to become a Member (“Service Commencement Date”) and continues until cancelled or terminated as provided in this Membership Agreement. The terms of this Membership Agreement shall also apply to Memberships purchased for Rise, which is a wholly-owned affiliate of Surf. References to Surf in this Membership Agreement shall also be deemed to refer to Rise.

(I) General

Membership with, and travel arranged by, Surf and any other product or service provided by Surf to its Members are subject to the terms and conditions contained in (a) this Membership Agreement; (b) the contract of carriage and other applicable terms and conditions (the “Contract of Carriage”) for an Operator (as defined below) of the applicable flight, which Contract of Carriage shall be linked to Surf’s website; (c) the terms set forth in the applicable Member’s Membership application (the “Application“) or other written correspondence regarding the pricing and terms of Membership (“Membership Plan Terms”); and (d) such additional policies, rules, terms and conditions as are presented on Surf’s website or mobile device application and any ticket or ticket-less travel authorization (all of the foregoing and collectively, the “Agreement“). No agent, servant or representative of Surf has authority to change or waive any provision of the Agreement unless authorized in writing by an authorized corporate officer of Surf. Unless otherwise prohibited by law, the Agreement constitutes the entire agreement between Surf and its Members and permitted guests.

The Membership Program (“Program”). Surf is a member-based travel arrangement service, and arranges transportation for its Members.? Surf only arranges air transportation with Federal Aviation Administration (FAA) certificated air carriers.? Surf is not an operator of aircraft or an air carrier, nor does it hold out, offer, sell or provide air transportation.? Surf procures scheduled air transportation and other services, such as ground transportation, aircraft catering, airport parking, and other concierge-type services for its Members. Surf reserves the right to change, suspend or terminate any of the services or benefits it offers at any time, including, without limitation, changes, suspension or termination of any routes, types of aircraft used and/or operators that perform flights, and changes to (or imposition of new) fees or other charges for services or benefits. Surf may from time to time offer new routes and other services or benefits, all of which are subject to change, suspension or termination at any time and also are subject to additional fees or charges. Grandfathered membership programs (and the associated fee rates), if any, are subject to change per the terms of the Agreement and do not include access to new services or benefits that may be offered after the initial date of purchase of membership.

At its sole discretion, Surf may offer certain Members trial or other promotional Memberships with different features, which are subject to the terms of this Agreement, except as otherwise stated in the promotional offer. Promotional Membership is valid only for the period specified in the promotional offer. If no period is specified, Surf may terminate promotional Memberships at any time in its sole discretion.

As one of the benefits of the Program, Surf agrees to arrange transportation services for Member to be provided by third party aircraft operators holding an Air Carrier Certificate from the Federal Aviation Administration (each, an “Operator”) authorizing them to furnish air transportation services pursuant to Part 135 of the Federal Aviation Regulations (14 C.F.R. Part 135 (“FAR Part 135”)). Member understands that Surf is not an aircraft operator and arranges air travel and other services solely as a manager of the Program. For clarification purposes,?“Private Aircraft Charter”,?“Aircraft Charter”,?“Private Charter”,?and “Charter” refers to accessing, using, booking, arranging, or chartering an aircraft.? Except when it is expressly stated that a flight is operated pursuant to a Public Charter Program, all travel arrangements are made pursuant to FAR Part 135 under the terms, restrictions and limitations reflected in this Membership Agreement.

Surf may provide access to its software including applications, websites, electronic social/commerce, marketplaces, and integrated communication tools, which form part of the Program, and are designed to enhance the user-experience, communications, service optimization, functionality and logistics of the Program (“Software”). Members can access and utilize such Program and Software only as stipulated and limited under the terms and conditions of this Agreement.

All flights arranged under this Agreement are operated by an Operator, who shall have exclusive direction, control and authority over initiating, conducting or terminating flights (“Operational Control”).? Surf is not a FAR Part 135 air carrier and does not provide air carrier services. An Operator performing the flight will be subject to, but not limited to: flight time and duty time restrictions and airport limitations that may preclude or limit operations to certain airports and other applicable regulations and requirements. Member understands and agrees that an Operator shall have absolute discretion in all matters relating to the operation of the aircraft, including, and without limitation: the preparation of the aircraft for flight and the flight itself, the timing of the flight, the load carried and its distribution, the decision whether or not a flight is to be performed, the route to be flown, etc.? Member expressly agrees that an Operator shall have final and complete authority to cancel any flight for any reason or condition that in its sole and absolute judgment could affect the safety of flight and may take any other action that, in its opinion, is necessitated by considerations of safety. No such action of an Operator shall create or support any liability for loss, injury, damage or delay to Member.

In addition,?an Operator shall have the right to refuse boarding to any person:?(a) who appears to be intoxicated or under the influence of any illicit or controlled substance drug; (b) who refuses to be subject to any reasonable checks of his or her person or baggage by an Operator, or by government or airport authorities; (c) whose condition, including apparent illness or incapacity, in the sole judgment of an Operator would involve hazard or risk to himself, herself or others; (d) who fails to provide proper identification in compliance with applicable laws; or (e) who is conducting himself or herself in a manner inconsistent with, or otherwise in breach of, the terms of the Agreement. Please see the applicable Operator’s Contract of Carriage for additional terms and conditions imposed by the Operator for flights arranged under this Agreement by Surf.

Each Member, and any associated Listed Member or Guest, authorizes Surf to arrange flights to be operated an Operator. All such flights are subject to the Contract of Carriage, and each Member, Listed Member and Guest agrees that each flight taken pursuant to the Membership is expressly subject to the Contract of Carriage.? Each Member, Listed Member and Guest further acknowledges and agrees that Surf will not itself operate any flights arranged and booked through Surf.

(II) Membership Agreement Terms and Conditions

(A) Membership Benefits and Responsibilities

(1) Membership Benefits – Membership benefits are determined by the Membership plan you select as specified in the Application (“Membership Plan”) and as further set forth in the Membership Plan Terms. You acknowledge receipt of your Membership Plan Terms.? Please contact membercare@surfair.com for your Membership Plan Terms or any inquiries related thereto. As applicable, an individual listed for Membership in the Application or designated by a Member thereafter is referred to in this Membership Agreement as a “Listed Member” and is entitled to the same flight benefits for that Membership Plan. The foregoing includes Listed Members who are specified as authorized users under a corporate or group Membership Plan. Listed Members may also be referred to herein in as a Member or Members.

Surf Memberships are non-transferable. Membership privileges are solely available to Members and cannot be lent, shared, transferred, assigned, leased or sold to or used by any third party, except as specified in this Membership Agreement.? While Members can invite guests to join them on flights they arrange, each and every person traveling within the Surf system must be a Member or a Member-invited Guest.? Surf does not hold out to the public, and Members cannot lend their account to someone else to book flights or access the Program. Surf has the right to add, modify, or eliminate any Membership benefits, including flights, destinations, and routes made available from Surf’s third party Operators and other related benefits or services at any time with or without notice, in its reasonable business discretion. Surf is not liable for any Membership refunds or costs incurred by a Listed Member or Member resulting from any such modification or cancellation.

(2) Adding and Removing Listed Members – For certain Membership Plans, during the Membership Term, Surf may allow a Member to add additional Listed Members to the Membership as set forth in the Application and Membership Plan Terms.? See Membership Plan Terms for details —such additions may not be applicable to all Membership Plans. Please contact membercare@surfair.com for your Membership Plan Terms. Removal of an individual as a Listed Member requires thirty (30) days advance written notice to membercare@surfair.com prior to any changes taking effect.

(3) Upgrades and Downgrades –For certain Membership Plans, during the Membership Term Surf may allow a Member to upgrade or downgrade their Membership Plan by changing their Reservation tier level as set forth in the Membership Plan Terms. Or, a Member may purchase or be awarded additional Member benefits or participate in other promotional programs offered by Surf from time to time, all of which shall be considered part of Member’s Membership Plan at the time of purchase or award. Please see Membership Plan Terms for details—upgrades and downgrades may not be applicable to all Membership Plans. Please contact membercare@surfair.com for your Membership Plan Terms.? All downgrades require thirty (30) days advance written notice to membercare@surfair.com prior to any changes taking effect.

(4) Reservations/Flight Passes –A “Reservation” or “Flight Pass” is a paperless ticket used to book each flight made available to Surf Members by an Operator. Please see Membership Plan Terms for details—Reservations/Flight Passes may not be applicable to all Membership Plans. Please contact membercare@surfair.com for your Membership Plan Terms.? The Reservation or Flight Pass of any Member refused passage or removed enroute under the provisions the Contract of Carriage may be returned to Member’s Surf account at Surf’s sole discretion. Such a refund shall be the sole recourse of any Member refused passage or removed enroute.

(5) Cancellations and Changes – Members and Listed Members are permitted to change or cancel flights at any time, subject to this Agreement. For Reservation or Flight Pass cancellations on flights that are full at the time of such cancellation and if a Member or Listed Member cancels within twenty-four (24) hours of the scheduled departure time, the Member or Listed Member will lose the use of a Reservation for a 14-day period of time; provided, however, that such penalty does not apply to delayed flights, and Members and Listed Members retain the ability to change to an available earlier or later departure on the same day, on the same route without penalty.

An Operator will attempt to transport passengers and their baggage promptly and as scheduled. Flight schedules, however, are subject to change without notice and the schedules and Reservations/Flight Passes are not guaranteed. Surf will use its reasonable best efforts to promptly notify all affected passengers, using the contact information provided by each passenger, of planned or unplanned schedule changes and cancellations including, but not limited to, those due to weather. At times, without prior notice to passengers, an Operator may need to substitute other aircraft or air carriers and may change, add, or omit intermediate or connecting stops. Surf cannot guarantee that passengers will make connections to other Operator flights, or those of other air carriers. In the event that a flight is cancelled by Surf or an Operator due to circumstances entirely within the control of Surf or an Operator (i.e., insufficient pilot staffing or maintenance), then Surf shall reimburse or credit the Member for documented costs for a commercial flight or other substitute means of transportation taken by the Member due to the cancelled Surf flight, or if the Member decides to stay overnight and take a flight the next day, documented costs for a hotel stay (all of the foregoing subject to the reimbursement limitations set forth in the following sentence).? Documented costs eligible for reimbursement under the preceding sentence shall be limited as follows: up to $300 for travel between SF Bay Area and LA area; up to $400 for travel between San Diego and SF Bay Area; up to $500 for travel between Santa Barbara and SF Bay Area; and up to $400 for one night hotel stay, if the Member opts to stay overnight versus taking alternate travel. For the avoidance of doubt, a Member cannot opt for both alternative travel and an overnight hotel stay.

(6) Check In and “No Shows” – Members and Listed Members must check in with the appropriate Surf personnel located at the departure airport at least fifteen (15) minutes prior to the scheduled departure time or the passenger will be considered a “No Show.” If a Member or Listed Member is a No Show, they will be unable to board the scheduled flight and if a Member or Listed Member is a No Show on a flight that is full at the time of such No Show, they may also lose the use of one Reservation for a 14-day period of time including and following the day of the No Show flight; provided, however, that Members and Listed Members retain the ability to change to an available earlier or later departure on the same day, on the same route without penalty. Surf will refuse to honor any Reservation or Flight Pass when such action is reasonably deemed to be necessary to comply with applicable governmental regulations or requests.

(7) Responsibility for Listed Members and Guests; Unaccompanied Minors – Members will ensure that their Listed Members (as applicable) and/or any guests that may accompany a Member through the use of a Guest Flight (as defined below) (“Guest(s)”) comply with the Member’s obligations under the Agreement. Members will be responsible for any charges incurred by Listed Members and Guests, including Third Party Fees, as defined below. Any Guest Flights purchased by a Member may also be used for travel by that Member or any of its Listed Members. Members agree to reimburse Surf for any and all reasonable costs and expenses incurred as a result of damage to the aircraft interior and/or exterior or any terminal or FBO locations which are caused by carelessness or neglect by Members, Listed Members or their Guests. If a Member is purchasing a Guest Flight for an unaccompanied minor, the Member or a guardian of the unaccompanied minor is responsible for complying with all check-in and boarding procedures for a flight to ensure that the unaccompanied minor is placed on the correct aircraft.

(8) Identification and Travel Documentation – In accordance with the United States Transportation Security Administration (“TSA”) regulations and additional government regulations Members and Guests are required to comply with all TSA regulations, and will be required to present valid identification prior to departure for all flights. An Operator has the right to refuse boarding to any person without the required documentation or as a result of non-compliance with TSA or other government regulations without recourse or further obligation on behalf of an Operator or Surf.

(9) Conduct – Surf and/or Operator each reserve the right to refuse services to any Member or Guest in their sole discretion, and for any reason. If the conduct of a Member or Guest endangers the aircraft or any passenger or property while on board, or a Member or Guest obstructs or hinders the crew in the performance of their duties, or fails to comply with any instruction of the crew, including but not limited to, those with respect to weapons or objects that can inflict harm to persons or property, smoking in any form, drugs, alcohol, or use of any threatening, abusive or insulting words towards the crew or any behavior which causes discomfort, inconvenience, damage or injury to the crew or other passengers on the flight, Surf or Operator may take such measures as deemed necessary to prevent continuation of such conduct including restraint. Members or Guests may be disembarked and refused onward carriage at any point and may be prosecuted for offenses committed on board the aircraft. In addition, while waiting for travel or checking-in for flights at FBO or other airport facilities, Members and Guests are expected to conduct themselves in a manner that is respectful of Surf, Operator or on-ground staff, as well as other Members and Guests. If the conduct of a Member or Guest is in any way abusive, inappropriate, a violation of facility policies or the law, or threatens the safety of any person or property, Surf may take such measures as deemed necessary to prevent continuation of such conduct, including refusal of service or contacting law enforcement. If any Member of Guest is not acting in conformance with the proper rules of conduct or any community guidelines or other policies published by Surf from time-to-time, then Membership privileges may be revoked permanently in Surf’s sole discretion, without refund.

(10) Member Policies – Members shall at all times comply with all Surf terms, conditions, community guidelines and policies, such as procedures for flight Reservations/Flight Passes, wait lists, Guest Flights, baggage, and flight cancellation policies and penalties as well as the Contract of Carriage. Members agree that Surf may, in its discretion, change these terms, conditions, policies, and procedures at any time.

(11) Compliance with Laws and Regulations – Travel by Members and Guests shall at all times be subject to applicable laws and regulations, including regulations and guidelines established by the Department of Transportation (DOT), Federal Aviation Administration (FAA) and Transportation Security Administration (TSA). Please note that Operator may have limitations regarding carry-on or checked luggage that are more restrictive that commercial airlines due to the nature of the cargo hold of the aircraft used for flights. For instance, transportation of firearms or weapons may not be permitted under applicable regulations and guidelines. If you have any questions regarding applicable restrictions, please contact membercare@surfair.com.

(B) Guest Flights

(1) Guest Flight Benefits – Surf offers guest flights available for purchase by Members subject to the terms of the Agreement.? A “Guest Flight” allows an individual, other than a Member or Listed Member, to travel under the applicable Member’s Membership on a limited basis. Any such Guest Flights are subject to the terms and conditions of this Agreement, including the Contract of Carriage, and any other limitations or regulations published by Surf in conjunction with and applicable to Guest Flights. Surf reserves the right to refuse service to any Guest at any time, in its sole discretion.

(2) Guest Flight Restrictions – Any purchased Guest Flights are non-refundable and expire upon termination of the applicable Member’s Membership Term if unused by such time without right to any refund.? Guest Flights may be subject to additional restrictions set by Surf at the time of purchase and may not be used for travel by any Member or Listed Member. Guests are required to pass a background check before using a Guest Flight. A background check may take up to five (5) business days to process. All Guest Flights are subject to the same terms and conditions for Members, including, but not limited to, the standard cancellation and penalty policies. Members will incur the standard penalty for late cancellation (as further set forth below) if a Member’s Guest cancels within the penalty period and the Guest Flight will become invalid and unable to be reused.

(3) Surf Policies – Guests shall at all times comply with all Surf terms, conditions, and policies in effect, such as procedures for flight Reservations/Flight Passes, wait lists, baggage, and flight cancellation policies and penalties, as well as the Contract of Carriage.? The Guest Flight of any Guest refused passage or removed enroute under the provisions of the Contract of Carriage may be returned or refunded at Surf’s sole discretion. Such a return or refund shall be the sole recourse of any Guest refused passage or removed enroute. If a Guest is a No Show, they will be unable to board the scheduled flight and the Guest Flight used for the No Show will be forfeited. Surf and the Operator will refuse to honor any Reservation or Flight Pass when such action is reasonably deemed to be necessary to comply with applicable governmental regulations or requests.

(C) Presales

(1) Presales –Presales may be made by persons interested in a Membership by paying a deposit (“Deposit”) or purchasing a Membership in advance (“Advance Purchase”) and delaying the Service Commencement Date to a date set forth in the Application.? Payment of a Deposit or Advance Purchase amount may also be referred to herein as a “Presale”. A Presale guarantees the Membership price offered on the date that the Deposit or Advance Purchase amount is paid so long as the Membership is activated within the timeframe established by Surf at the time the Presale occurs, subject to the restrictions set forth in this Agreement or any terms of the Application.

Presales require the following information: Membership type, pricing series, desired city or route, and payment of a refundable Deposit or Advance Purchase amount.?? A Presale guarantees a Membership if the desired city or route becomes available to Surf Members regardless of availability of Memberships on the date of the Presale; provided that, if the city or route is not made available within one (1) year of the date the Presale has been made and a launch date has not been announced by Surf, Surf may at any time after such one (1) year period and in its sole discretion: (1) refund the Deposit or Advance Purchase amount and cancel the Presale; or (2) extend the validity of the Presale for an additional period of time determined by Surf and notified to the prospective Member.? The Deposit or Advance Purchase amount is also refundable to the prospective Member at any time before the public launch of the desired city or route by contacting membercare@surfair.com.

The Service Commencement Date for prospective Members that make an Advance Purchase will automatically be the date that the desired city or route set forth on the Application is available. For Presales that are made through the payment of a Deposit rather than an Advance Purchase, the Service Commencement Date must be within ninety (90) days from the date that the desired city or route becomes available to book by Surf Members, and the prospective Member shall notify Surf of the desired Service Commencement Date within that time period.? Once a Service Commencement Date is set, the Deposit is automatically applied toward the Initiation fee. If the prospective Member does not activate the Membership within the ninety (90) day period, Surf may in its sole discretion: (1) refund the Deposit and cancel the Presale; or (2) extend the validity of the Presale for an additional period of time determined by Surf and notified to the prospective Member.

Commencing on the Service Commencement Date, all other terms and conditions of this Agreement shall apply to Memberships purchased as Presales, including any terms applicable to changes in Membership Fees.

(2) Cancellation of Presales – In addition to any rights of cancellation set forth in this Agreement, Surf reserves the right, based on reasonable business needs or conditions, to cancel Presales, and in such event will refund any prepaid Fees, Deposits or Advance Purchase amounts. Presales are not a guarantee that Surf will offer certain cities or routes as part of its Membership, and Surf reserves all rights in that regard.

(D) Other Third Party Products and Services

(1) Other Third Party Benefits – In addition to flights operated an Operator, Surf may arrange other benefits provided by a third party (“Other Third Parties”) to Members. Other Third Parties include, but are not limited to: airport facilities, courtesy car, car rental agencies, ground/air/water transportation providers (i.e., taxi, helicopter, ferry services), shipping or transportation services, caterers, and parking services. Surf assumes no liability for, and makes no guarantees or warranties regarding, these Other Third Parties and benefits and such benefits may change or end during the Membership Term.

(2) Other Third Party Fees – Surf may occasionally promote or offer for sale to Members or Listed Members goods or services provided by an Other Third Party. All fees for Other Third Party products or services purchased by a Member or a Listed Member (“Other Third Party Fees“) are the responsibility of the Member or Listed Member respectively.? For the avoidance of doubts, no fees will be payable by Members or Listed Members to an Operator in connection with flights operated by an Operator for the benefit of Members or Listed Members, and any fees payable to an Operator in connection with such flights shall be the sole responsibility of Surf.

(3) Third Party Policies and Liability – Member and Listed Members are responsible for verifying and abiding by all Other Third Party terms and conditions, rules and policies, and use of Other Third Party services shall be deemed acceptance of any such terms, conditions, rules or policies. Other Third Parties are neither agents nor employees of Surf or its affiliates. Members, Listed Members and Guests agree that Surf and its affiliates are not liable for the acts, errors, omissions, representations, warranties, breaches, or negligence of any Other Third Party or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom, including, but not limited to, all liability for damage to a Member’s, Listed Member’s or Guest’s vehicle while transported to or parked in any parking area or otherwise in the care of any Other Third Party.

(4) Parking and Ground/Air/Water Transportation – Surf does not assume responsibility for the parking of vehicles or the ground, air or water transportation of any passengers or their baggage. Surf may, at its sole discretion, offer or promote parking or other transportation options in certain locations or in conjunction with certain bundled, packaged, or charter services. Passengers are responsible for charges associated with any such parking or other transportation that they chose to accept, and the terms of this Agreement for Other Third Party service shall apply to parking or other transportation utilized by a Member, Listed Member or Guest. Surf assumes no responsibility, and all passengers waive any claims against Surf, relating to or in connection with any parking or other transportation that may be offered in connection with Surf’s services.

(5) Third Party Shipping of Baggage and Personal Property – Surf or Operator cannot transport personal property unless Members, Listed Members or Guests are accompanying such property on a flight. For Members, Listed Members or Guests desiring the transportation of baggage to a location separate from the destination, Surf may refer the passenger to the services of a third party baggage shipping service for shipping to another destination.? Member is solely responsible for any third party baggage shipping fees and agrees that Surf shall not be liable for the loss of or damage to such baggage transported by a third party baggage shipping service.

(E) Membership Fees and Billing/Payment

The Membership Fees are an access fee for use of the Surf Membership, and not a payment for air transportation. Membership Fees are non-refundable, except as specifically provided in the Agreement, even if Member fails to utilize the Membership Program. Surf reserves the right to change the Fees as specified in the applicable Member’s Membership Plan Terms, and will notify the Member of such change at least thirty (30) days prior to such change taking effect.

(1) Billing and Payment – Surf will automatically bill the Member using the billing information provided by the Member to Surf for all amounts due, including the Initiation fee (“Initiation Fee”), Membership Plan fees (“Membership Fees”), and any Third Party Fees (altogether, the “Fees”). Fees are due to Surf on a schedule as set forth in the Membership Plan Terms. Membership Fees are typically due on a monthly or annual basis, depending upon the type of Membership. Applicable taxes may be invoiced separately, if deemed necessary in Surf’s sole discretion. Any payment of Fees that is not paid by its due date will accrue interest at 1.5% per month or the maximum rate permitted by applicable law, whichever is less, from the due date until paid. Please contact membercare@surfair.com for your Membership Plan Terms.

Fees are payable in US dollar denominations. Surf accepts multiple forms of payment for Fees, including major credit cards, ACH, or wire transfer. Surf may also, in its discretion, accept other legal currencies that are convertible into US dollar denominations, including cryptocurrency (i.e., bitcoin or ethereum). Surf reserves the right in its sole discretion and upon immediate notice revoke or revise methods of acceptable payment of Fees.

If Fees are paid via credit card, Member agrees to provide Surf a credit card and authorizes Surf to automatically charge the Fees to the credit card on file and on the payment schedule applicable to the Member’s account. Members shall provide new or updated credit card information promptly following expiration of the credit card on file.

If Fees are paid via ACH or wire transfer transactions, Member agrees to provide necessary authorizations to allow for payment of Fees per the applicable schedule under the Member’s Membership Plan.

If Fees are paid via cryptocurrency, the Member must maintain their own cryptocurrency wallet, and comply with any policies or rules established by Surf for payment by cryptocurrency. The security and privacy of Member’s cryptocurrency wallet shall be the sole responsibility of Member.

Payments processed through any of the above methods will always be subject to the terms and conditions of the respective payment processing agencies, and any violation by Member of such terms and conditions can result in cancellation of Membership. Surf has no responsibility for payments transmitted in error, or payments that fail to transmit due to an omission, by a Member or any third party, and Member shall remain responsible for any unpaid Fees that result from Member’s non-payment due to an error or omission by Member or any third party. Any fees, assessments or penalties payable by Member to any third party in connection with Member’s use of services by payment processing agencies and/or based on form of payment used by the Member shall be the sole responsibility of the Member, and Surf shall have no liability for any such fees, assessments or penalties.? All transactions shall be in accordance with Surf policies set forth for such payment options. Please contact membercare@surfair.com for any such policies.

(2) Suspension of Membership – Surf reserves the right to suspend or terminate (at Surf’s option) a Membership if payment of the Fees is not received within seven (7) days of its due date (“Membership Suspension”). Membership shall be suspended until such time that Member provides a valid payment method and all Fees due to Surf have been received, including all past due amounts and amounts for any periods of Membership Suspension.

(3) Dormancy – Dormancy status may be permitted for Members depending upon your Membership Plan, but in no event may dormancy status be elected until a Member’s account has been active for at least three (3) months or, if longer, during any prepaid Membership periods of time. Please contact membercare@surfair.com for your Membership Plan Terms. If permitted by your Membership Plan, by electing Dormancy status, in lieu of remitting your Membership Fees, you will be billed a “Dormancy Fee” (as further set forth in your Membership Plan Terms), for up to three (3) months per calendar year (“Dormancy Term”) to temporarily de-activate your Membership. During a Dormancy Term, you will be unable to book or fly on flights operated by an Operator and arranged by Surf; however, your Membership Plan will be maintained and upon conclusion of the Dormancy Term, your Membership will automatically revert to your Membership Plan and you will be billed by Surf accordingly.? All Dormancy requests require thirty (30) days advanced written notice to membercare@surfair.com prior to any Dormancy Term taking effect.

(F) Cancellation of Membership

(1) Cancellation of Membership by Member – Subject to timely receipt of payment by Surf, Membership may not be cancelled during the commitment period as specified in the applicable Member’s Membership Plan Terms, and all Membership fees accruing during the applicable commitment period are non-refundable. Thereafter, unless otherwise stated in the Membership Plan Terms, to cancel a Membership, the Member must provide thirty (30) days written notice to Surf at membercare@surfair.com prior to the desired cancellation date, or such longer period as may be specified in the Application or applicable Membership Plan Terms (“Cancellation Notice Requirement“). Cancellation is effective upon the expiration of the applicable commitment period (as further set forth in the Member’s Membership Plan Terms) during which the Cancellation Notice Requirement is met, as applicable, and only upon acknowledgment by Surf of receipt of the cancellation notice. The Member will remain responsible for all amounts that come due prior to the effective date of the cancellation, as set forth above.

(2) Cancellation or Suspension of Membership by Surf – Surf reserves the right to cancel or suspend the Membership of any Member or Listed Member immediately upon notice to the Member or Listed Member at Surf’s sole discretion and for any reason, including but not limited to, if Member breaches any terms or conditions of this Agreement or other agreements incorporated herein by reference or Surf’s belief that a Member’s or the Listed Member’s continued use of such Membership would violate any provisions of this Agreement or applicable law.

Member understands and agrees that if the Membership is cancelled due to Member’s breach of any terms or conditions of this Agreement or other agreements incorporated herein by reference, Member will lose all privileges, the Initiation Fee, Membership Fee and forfeit accrued flight credits, flight vouchers and any additional benefits that might be available to Member. Surf will not owe any further obligation to provide any services, credits or benefits to Member. Except as expressly provided herein, Member agrees that he or she will not be entitled to a refund of the Membership Fee, the Initiation Fee or any portion of it and will hold Surf harmless for the loss of the service, credits or any additional benefits.

(G) Amendments to Membership Terms and Service Limitations

(1) Amendment of Membership and Agreement – Surf may amend or modify the Agreement from time to time. Amendments will be effective upon Surf’s publishing of such amended or modified terms and conditions on its website and/or mobile device applications, or via email communication to Members. A Member’s continued access or use of the service after such posting constitutes Member’s consent to be bound by the Agreement, as amended or modified.
(2) Non-Transferability of Membership, Rewards or Credits – Membership privileges are solely available to Member and cannot be lent, shared, transferred, leased or sold to any third party, except as specified in this Agreement or in a valid promotional offer. While Members can invite guests to join them on flights where Guest Passes are available, they cannot lend their account to someone else to book flights or access the service. Members cannot sell, transfer or receive remuneration for flight credits or other awarded or accrued benefits or credits. Member acknowledges that any reward or credit may be limited and may be subject to expiration at Surf’s sole discretion. Any breach of this section may result in Member losing privileges and membership cancellation with no further obligation to Member or recourse by Member.

(H) Miscellaneous

(1) Accuracy of Information – Member represents that all information provided in the Application is true, accurate, current, and complete. Member further agrees that s/he will notify Surf of any substantive changes to the Member’s and Listed Members’ name, contact, payment, or other applicable information.

(2) Legal Authority – The person entering into this Agreement represents that such person is of legal age to form a binding contract, is not a person barred from receiving services under the laws of the United States or other applicable jurisdiction, and will only use the Membership for legitimate purposes. If the person entering this Agreement is doing so on behalf of a legal entity, such person represents that she or he has the legal authority to bind the legal entity to this Agreement.

(3) No Sales or Transfers – Member acknowledges and agrees that it may not trade, sell, or otherwise transfer its Membership to any other party, except with the prior written consent of Surf. This consent may be withheld in Surf’s absolute and sole discretion. Members and Listed Members may not receive payment from any other individual to appear, remain, or be added to the Membership as a Listed Member, or otherwise sell Memberships or Guest Flights under its Membership.

(4) Background Checks – Member agrees and consents to periodic background checks on the Member, Listed Members and Guests at any time during the term of this Agreement and prior to any such individual’s travel on a Surf flight.? Background checks may be performed by a third party and in accordance with such third party’s policies and procedures. Member acknowledges and agrees that in so doing, Surf may require that Members, Listed Members and Guests provide additional information, including a social security number or global entry card (if no SSN), and may share all or a portion of such information with third party vendors for the purpose of conducting the background check. Surf warrants that it will maintain the confidentiality of information provided by Members, Listed Members and Guests as required by applicable law. Background checks may take up to five (5) business days to process.? A passenger’s acceptance of this Agreement and delivery of the passenger’s personal information constitutes consent to Surf for performing a background check. Surf reserves the right to refuse service, at its sole discretion, to any passenger that does not comply with the request for a background check or based on the results of a background check.

(5) Baggage and Personal Property – Surf personnel may assist with the handling of baggage on behalf of Members in connection with Member check-in. Surf’s liability, if any, for loss of or damage to baggage and/or its contents, with the exception of wheelchairs, mobility aids, and assistive devices used by an individual with a disability, is limited to the proven actual value of damage or loss, but in no event shall be greater than $200.00 per passenger. Surf will be liable for personal property only for the period in which it is in the custody of Surf. Surf will assume no liability or responsibility for property carried onboard an aircraft by a passenger and retained in the custody of the passenger.? Surf’s liability for loss, delay or damage to baggage is limited unless a higher value is declared in advance and additional charges are paid. Under no circumstances shall Surf be liable to any passenger for any type of special, incidental or consequential damages related to the damage, loss or delay of checked baggage.

Surf will compensate the passenger for reasonable, documented damages incurred as a result of the loss of or damage to such items up to the limit of liability as set forth above, provided that the damage was caused by Surf or occurred while the baggage was in Surf’s sole custody, and the passenger exercised reasonable effort to minimize the amount of damage as determined in Surf’ sole discretion. Actual value for reimbursement of lost or damaged property shall be calculated as the lesser of the documented original purchase price of the items, less depreciation for prior usage, or the cost to make applicable repairs. In no event will Surf be liable for damage to bags arising from ordinary wear and tear or broken or damaged handles, zippers, snaps, flaps, rivets, or wheels.? While Surf will make reasonable efforts to return carry-on items that have been left onboard an aircraft, Surf assumes no liability or responsibility for the loss of or damage to carry-on items.? If a wheelchair, mobility aid, or assistive device is lost, damaged, or destroyed while in Surf’s possession, Surf’s liability shall be the documented original purchase price of the wheelchair, mobility aid, or assistive device, without depreciation.

(6) Claims and Limitations of Liability; DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

Surf does not own or operate any aircraft on which the flights are performed and does not carry any aviation insurance. Furthermore, any other partner benefits are provided and administered by the respective third parties that provide the services. Member understands and agrees that Surf is not liable for any injury, damage, loss, expense, special or consequential damages, or any other irregularity caused by the defect of any aircraft or conveyance, or the negligence of any company or person engaged in conveying the passenger, or carrying out the arrangements for Member’s trip or providing any partner benefits or by accident, delay, flight schedule, change, cancellation, sickness, weather, strikes, war, quarantine or any similar cause. It is the sole responsibility of an Operator to maintain liability insurance coverage. Members Parties (as defined below) understand and agree that Surf is not liable for any claims arising out of or in connection with the services of an Operator or any of its partners and affiliates.

On behalf of themselves and their guests, Members understand and agree that Surf’s liability shall in any case be limited to the amount paid by Member to Surf. In addition, no claim will be recognized by Surf unless written notice of such claim is presented to Surf within twenty-one (21) days after the occurrence of the event giving rise to the claim. In the case of loss of, damage to, or delay in delivery of baggage, no claim will be entertained by Surf unless preliminary written notice of such claim is presented to a Surf representative in person within one (1) day after arrival of the flight on which the loss, damage, or delay is alleged to have occurred. The preliminary notice may thereafter be amended in writing; however, such amended claim must be presented to Surf no later than ten (10) days after the occurrence of the event giving rise to the claim. Failure to provide timely written notice will not bar a claim if the claimant establishes to the satisfaction of Surf that he or she was unable, through no fault or omission of the claimant, to provide notice within the specified time. No legal action on any claim described above may be maintained against Surf unless commenced within six (6) months of Surf’s written denial of a claim, in whole or in part.
MEMBERS, ON BEHALF OF THEMSELVES AND THEIR RESPECTIVE GUESTS (COLLECTIVELY,?“MEMBER PARTIES”), AGREE TO ACCEPT THE PROCEEDS OF THE INSURANCE MAINTAINED BY OPERATOR AS THEIR SOLE RECOURSE AGAINST OPERATOR FOR ANY LOSS OR DAMAGE (INCLUDING, WITHOUT LIMITATION, INJURY, DEATH OR PROPERTY DAMAGE) TO ANY MEMBER PARTIES; PROVIDED HOWEVER, THAT THE FOREGOING LIMITATION SHALL NOT APPLY TO IN THE EVENT OF OPERATOR’S PROVEN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
IN ALL CASES AND UNDER ALL CIRCUMSTANCES, OPERATOR OR SURF SHALL NOT IN ANY EVENT BE LIABLE TO MEMBER PARTIES FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND OR NATURE INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, USE, VALUE, REVENUE, BUSINESS OPPORTUNITIES, AND THE LIKE, UNDER ANY CIRCUMSTANCES OR FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, ANY DELAY OR FAILURE TO FURNISH ANY AIRCRAFT CAUSED OR OCCASIONED BY THE PERFORMANCE OR NON-PERFORMANCE OF ANY OBLIGATIONS OF OPERATOR (REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT OR TORT OR ANY OTHER LEGAL OR EQUITABLE THEORY), EVEN IF ANY SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITIES OF SUCH DAMAGES.

EACH MEMBER ACKNOWLEDGES AND AGREES THAT, EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES CONTAINED IN THIS AGREEMENT AND IN THE TERMS AND CONDITIONS, IN EACH CASE AS AMENDED FROM TIME TO TIME: (A) NEITHER SURF NOR ANY OTHER PERSON ON SURF’S BEHALF HAS MADE OR MAKES ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY, EITHER ORAL OR WRITTEN, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, TRADE, OR OTHERWISE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED; AND (B) EACH MEMBER ACKNOWLEDGES AND AGREES THAT, IN DECIDING TO PURCHASE A MEMBERSHIP OR USE SURF SERVICES, HE, SHE, OR IT HAS NOT RELIED UPON ANY REPRESENTATION, WARRANTY OR DISCLOSURE MADE BY SURF OR ANY OTHER PERSON ON SURF’S BEHALF, EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR IN THE TERMS AND CONDITIONS, IN EACH CASE AS AMENDED FROM TIME TO TIME.

(7) Choice of Law – This Agreement will be governed in all respects by the laws of the State of California without regard to their respective conflicts of laws rules.

(8) Dispute Resolution; MANDATORY BINDING INDIVIDUAL ARBITRATION

Please read this section carefully.? It affects legal rights that you may otherwise have and requires individual final and binding arbitration of most disputes instead of resolution in court.

In the event of a dispute under this Agreement, where such dispute has not been settled within thirty (30) days after written notice from either party to the other of the existence of the dispute, the parties agree that, at the request of either party, such dispute will be submitted for binding arbitration in accordance with the procedures below.

Arbitration is the submission of a dispute to a neutral arbitrator, instead of a judge or jury, for a final and binding decision, known as an “award.”? Arbitration provides for more limited discovery than in court, is subject to limited review by courts, and the result is confidential.? Each party has an opportunity to present evidence to the arbitrator in writing or through witnesses.? An arbitrator can only award the same damages and relief that a court can award under the law and must honor the terms and conditions in this Agreement.

ARBITRATION AGREEMENT, CLASS ACTION WAIVER, PUNITIVE DAMAGES WAIVER

You and Surf agree that any dispute, whether at law or equity, arising out of or relating to this Agreement or your use of Surf products or services, regardless of the date of accrual of such dispute, shall be resolved in its entirety by individual (not classwide or collective) binding arbitration, except that you or Surf may take claims to small claims court if they qualify for hearing by such a court.

You and Surf agree that any arbitration under this Agreement will take place on an individual basis and that class, mass, consolidated or combined actions or arbitrations or proceedings as a private attorney general are not permitted.

You and Surf agree to waive the right to trial by jury.

This agreement to arbitrate extends to claims that you assert against other parties, including without limit claims against Surf’s affiliates and related entities.

The Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.

This agreement to arbitrate shall survive termination of this Agreement.? Notwithstanding anything to the contrary, if any part of this agreement to arbitrate is deemed invalid or inapplicable, the remainder of the agreement to arbitrate shall still be considered valid and enforceable.? If any part of this agreement to arbitrate is deemed invalid or inapplicable, you and Surf both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class, mass, consolidated, or combined basis.

ARBITRATION PROCEDURES

Arbitration shall be conducted by JAMS in accordance with its Streamlined Arbitration Rules and Procedures (the “JAMS Rules”).? The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at?http://www.jamsadr.com?or 1-800-352-5267.? To begin an arbitration proceeding, you must serve at Member Care, 1408 Third Street Promenade, Suite 300, Santa Monica, CA 90401, United States.

Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and Surf will pay all other administrative costs and fees.? In addition, for claims of less than $1,000, Surf will reimburse you for the $25 fee if the arbitrator rules in your favor.? Reasonable attorneys’ fees and expenses will be awarded only to the extent such allocation or award is available under applicable law.

Any arbitration will take place in or near the county where claimant resides and will be determined by a single arbitrator; provided, however, that upon request by either party, the arbitration shall be conducted via telephone to the extent permitted by the JAMS Rules.? The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief).

Judgment on the award may be entered in any court of competent jurisdiction. The proceeding will be closed except to the parties, their attorneys, representatives, witnesses, and experts, all of whom must agree or have a duty to maintain the confidentiality of the dispute and its result, except as needed to implement the ruling.

(9) Right to Change Agreement – Surf reserves the right, based on reasonable business needs and to the extent not prohibited by applicable law, to change, delete, or add to any of the terms of this Agreement, including the documents referenced and incorporated, without prior notice.

(10) Severability – If, for any reason, any portion of this Agreement is determined by a competent authority to be void or unenforceable, then (a) that portion will have no effect, (b) the balance of this Agreement will remain in full force and effect, and (c) this Agreement will be performed as though the stricken portion were replaced with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.

(11) Titles – Article titles and subheadings contained in this Agreement are inserted only as a matter of convenience and for reference. Such titles in no way define, limit, or describe the scope or extent of any provision of this Agreement.

(12) Conflicts – In the event of a conflict between a Contract of Carriage, Membership Agreement, Membership Plan Terms, terms printed on any ticket, terms printed on any ticketless travel authorization, and terms specified on Surf’s website or mobile device application, precedence will be given in the order in which they are listed in the foregoing and if there is more than one version of any that are applicable, the last in time.

(13) Privacy – Surf takes appropriate measures to maintain data regarding its Members and their guests confidential. Surf may be required to furnish Member and guest data, such as name, date of birth, and passport information, to comply with national and international security requirements or rules of governing bodies. It may also be necessary for Surf to provide names of persons on a flight and other information to third parties providing services related to a flight including to an Operator and governmental authorities. Surf may use Member information to check the credit of Member in connection with its invoice collection efforts or to check the credit of Member and perform criminal and other background searches of Member in connection with evaluating whether to accept or continue Member’s membership in the Membership Program. Surf does not sell Member or guest data to third parties.

For further information regarding Surf’s processing of your data and information, please reference Surf’s Privacy Policy which is available on the Legal link of Surf’s website at www.beechcroftinn.com.

(14) Release to Use Picture and Voice – Member authorizes Surf, its subsidiaries, licensees, successors and assigns, to use Member’s (1) picture, including photographic, motion picture, and electronic (video) images; and (2) voice, including sound and video recordings created while Member is utilizing the Program. Member hereby grants Surf, its subsidiaries, licensees, successors and assigns, the right to use, publish, and reproduce, for all purposes, Member’s name, picture of Member in film or electronic (video) form, sound and video recordings of Member’s voice, and printed and electronic copy of the information described above in any and all media including, without limitation, cable and broadcast television and Internet, and for exhibition, distribution, promotion, advertising, sale, press conferences, meetings, hearings, educational purposes and in brochures and other print media. This permission extends to all languages, media, formats and markets now known or hereafter devised whether in the United States or abroad. The permission shall continue forever. Member further grants Surf, its subsidiaries, licensees, successors and assigns all right, title, and interest in all finished pictures, negatives, reproductions, and copies of the original print, and further grants Surf, its subsidiaries, licensees, successors and assigns the right to give, sell, transfer, and exhibit the print in copies or facsimiles thereof, for marketing, communications, or advertising purposes, as it deems fit in its sole discretion. Member hereby waives the right to receive any payment for granting this release and waives the right to receive any payment for Surf’s, its subsidiaries, licensees, successors and assigns use of any of the material described above for any purpose authorized by this release. Member also waives any right to inspect or approve finished photographs, audio, video, multimedia, or advertising recordings and copy or printed matter or computer generated scanned image and other electronic media that may be used in conjunction therewith and to approve the eventual use that it might be applied. Member acknowledges that he or she has read the foregoing and fully understands and agrees to the contents thereof.

(15) Intellectual Property; License to Use Software; Acceptable Use and Non-Infringement – Surf and its licensors shall own all right, title and interest, including all intellectual property rights, in Surf’s services and the Software, including any suggestions, ideas, feedback, recommendations or other information provided by Members or any third party regarding Surf’s services or the Software that Surf incorporates into the services or Software. Subject to Member’s compliance with this Agreement, Surf grants Member a limited non-exclusive, non-transferable license to download and use the Software solely for Member’s own personal use. Nothing in this Agreement shall be deemed to convey any rights of ownership in the Software or any Surf intellectual property to Member or any third party, except for the limited license granted herein. Members are required to comply with the terms of any site where Software is available for download. Member shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Software in any way; (ii) modify or make derivative works based upon the Software; (iii) reverse engineer or access the Software in order to build a product using similar ideas, features, functions or graphics of the Software, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Software. Member shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or that violate a third party’s privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with the performance of the Software; or (v) attempt to gain unauthorized access to the Software or its related systems.? Any violation of the foregoing may lead to suspension or cancellation of the Membership in Surf’s sole discretion.

(H) Notice and Contact Information

Surf may give notice by means of a general notice through the Software, email to Member’s email address on record or by written communication sent to Member’s address on record. Such notice shall be deemed to have been given upon the expiration of two (2) business days after mailing (if sent by first class mail) or twenty-four (24) hours after posting or sending it via email or other means of electronic transmission. Member may give notice to Surf (such notice shall be deemed given when received by Surf) at any time by any of the following: letter delivered by nationally recognized overnight delivery service or first class mail postage prepaid with delivery confirmation to Surf at the following address: Surf Air Inc., 1408 Third Street Promenade, Suite 300, Santa Monica, CA 90401 addressed to the attention of: Chief Executive Officer, with a copy to the Legal Department.

Member Care services can be contacted at:

Surf Air

1408 Third Street Promenade, Suite 300

Santa Monica, CA 90401

Email Address: memberservices@surfair.com

Surf Air?Referral?Benefits

In addition to the terms set forth BELOW, the referral benefits and new memberships ARE subject to the terms and conditions contained in the Membership Agreement, the membership application and any other written correspondence regarding the pricing and terms of membership, the applicable flight operator’s Contract of Carriage, and such additional rules, LIMITATIONS, terms and conditions which may be presented on Surf Air’s website or any ticket or ticket-less travel authorization.

Membership Pricing and Commitment:

• New Memberships are subject to the applicable plan terms, including (a) an initiation fee for flight package memberships or (b) a commitment of (i) 12 months for Basic Membership and (ii) 3 months for Preferred Memberships and Premium Memberships.
• Memberships are non-refundable.

Guest Pass Flights:

• Guests shall at all times comply with all applicable terms, conditions, and policies, including with respect to baggage and flight cancellation.
• Members will ensure that their guests comply with the member’s obligations under the Surf Air Membership Agreement and the applicable flight operator’s Contract of Carriage. Members will be responsible for any charges for damage to Surf Air or other property caused by their guests.
• Guest passes automatically expire upon termination of the applicable Member’s membership term if unused by such time without right to any refund. Guest passes may be used on any flight offered to Members subject to seat availability.

Guest Pass Flight Change and Cancellation Policy:

• Guest pass flight reservations may be changed or cancelled at any time at least 24 hours prior to the applicable flight’s scheduled departure time.
• If a member changes or cancels a guest pass reservation on a flight which is fully booked at time of change or cancellation and such change or cancellation occurs within 24 hours of the flight’s scheduled departure time, the guest pass will be voided and the member will lose the ability to re-book and forfeit the value of the guest pass.
• If a traveler fails to appear for their reserved guest pass flight, the guest pass will be voided and the corresponding member will lose the ability to re-book and shall forfeit the value of the guest pass.

GDS SEAT PURCHASE TERMS

Effective Date: August 20, 2018

By purchasing a seat on a third-party operator flight through the global distribution system (“GDS”) made available by Surf Air (“Surf”), the person or entity (“Passenger”) purchasing seat(s) (“GDS Seat”) agrees to the terms and conditions set forth herein (this “GDS Purchase Terms”).

(I) General

GDS Seat purchases are subject to the terms and conditions contained in (a) these GDS Purchase Terms; (b) the contract of carriage and other applicable terms and conditions (the “Contract of Carriage”) for an Operator (as defined below) of the applicable flight, which Contract of Carriage shall be linked to Surf’s website; (c) any written correspondence regarding the pricing and terms of GDS Seats; (d) such additional policies, rules, terms and conditions as are presented on Surf’s website or mobile device application and any ticket or ticket-less travel authorization; and (e) any policies, rules, terms and conditions set forth by the GDS relating to purchases made through the GDS (all of the foregoing and collectively, the “Agreement“). No agent, servant or representative of Surf has authority to change or waive any provision of the Agreement unless authorized in writing by an authorized corporate officer of Surf. Unless otherwise prohibited by law, the Agreement constitutes the entire agreement between Surf and the Passenger.

Surf is a member-based travel arrangement service, and arranges transportation.? Surf only arranges air transportation with Federal Aviation Administration (FAA) certificated air carriers.? Surf is not an operator of aircraft or an air carrier, nor does it hold out, offer, sell or provide air transportation.? Surf procures scheduled air transportation and other services, such as ground transportation, aircraft catering, airport parking, and other concierge-type services. With regard to GDS Seats, Operators are making available for purchase by Passengers excess capacity that Operators may have on scheduled flights. Surf or Operator reserves the right to change, suspend or terminate any of the services or benefits it offers at any time, including, without limitation, changes, suspension or termination of any routes, types of aircraft used and/or operators that perform flights, and changes to (or imposition of new) fees or other charges for services or benefits.

Transportation services are provided by third party aircraft operators holding an Air Carrier Certificate from the Federal Aviation Administration (each, an “Operator”) authorizing them to furnish air transportation services pursuant to Part 135 of the Federal Aviation Regulations (14 C.F.R. Part 135 (“FAR Part 135”)). Passenger understands that Surf is not an aircraft operator and arranges air travel and other services solely as a manager of the Surf membership programs and for purposes of providing access to the GDS. For clarification purposes,?“Private Aircraft Charter”,?“Aircraft Charter”,?“Private Charter”,?and “Charter” refers to accessing, using, booking, arranging, or chartering an aircraft.? Except when it is expressly stated that a flight is operated pursuant to a Public Charter Program, all travel arrangements are made pursuant to FAR Part 135 under the terms, restrictions and limitations reflected in this Agreement.

Surf may provide access to its software including applications, websites, electronic social/commerce, marketplaces, and integrated communication tools, which form part of its membership programs or provide access to the GDS, and are designed to enhance the user-experience, communications, service optimization, functionality and logistics of the Program (“Software”). Members can access and utilize such Program and Software only as stipulated and limited under the terms and conditions of this Agreement.

All flights arranged under this Agreement are operated by an Operator, who shall have exclusive direction, control and authority over initiating, conducting or terminating flights (“Operational Control”).? Surf is not a FAR Part 135 air carrier and does not provide air carrier services. An Operator performing the flight will be subject to, but not limited to: flight time and duty time restrictions and airport limitations that may preclude or limit operations to certain airports and other applicable regulations and requirements. Passenger understands and agrees that an Operator shall have absolute discretion in all matters relating to the operation of the aircraft, including, and without limitation: the preparation of the aircraft for flight and the flight itself, the timing of the flight, the load carried and its distribution, the decision whether or not a flight is to be performed, the route to be flown, etc.? Passenger expressly agrees that an Operator shall have final and complete authority to cancel any flight for any reason or condition that in its sole and absolute judgment could affect the safety of flight and may take any other action that, in its opinion, is necessitated by considerations of safety. No such action of an Operator shall create or support any liability for loss, injury, damage or delay to Passenger.

In addition,?an Operator shall have the right to refuse boarding to any person:?(a) who appears to be intoxicated or under the influence of any illicit or controlled substance drug; (b) who refuses to be subject to any reasonable checks of his or her person or baggage by an Operator, or by government or airport authorities; (c) whose condition, including apparent illness or incapacity, in the sole judgment of an Operator would involve hazard or risk to himself, herself or others; (d) who fails to provide proper identification in compliance with applicable laws; or (e) who is conducting himself or herself in a manner inconsistent with, or otherwise in breach of, the terms of the Agreement. Please see the applicable Operator’s Contract of Carriage for additional terms and conditions imposed by the Operator for GDS Seats purchased by Passenger.

(II) GDS SEAT POLICIES

(A) NON-REFUNDABLE GDS SEAT PURCHASES

(1) Changes by Passenger – A Passenger may change their reservation for any non-refundable GDS Seat purchase with at least 24 hours notice prior to scheduled departure. Changes shall be subject to GDS Seat availability on other flights. A $100 change fee shall apply for changes made in accordance with this policy and Passenger would be responsible for any applicable fare difference.

(2) Cancellations by Passenger – Cancellation by a Passenger of reservations for non-refundable GDS Seat purchases will result in forfeiture of fare. Taxes and fees will not be refunded except when required by applicable law and, where permitted, only upon written request by Passenger.

(B) REFUNDABLE GDS SEAT PURCHASES

(1) Changes by Passenger – A Passenger may change their reservation for any refundable GDS Seat purchase with at least 24 hours notice prior to scheduled departure. Changes shall be subject to GDS Seat availability on other flights. No change fee shall apply for changes made in accordance with this policy; provided that, Passenger would be responsible for any applicable fare difference. If the fare is less for the new flight, the difference in fare amount will be refunded to Passenger.

(2) Cancellations by Passenger – Reservations for refundable fares may be cancelled by Passenger at any time up until 15 minutes prior to scheduled departure.

(3) Refund Policy – Refunds of refundable GDS Seats shall be made by Operator to the original form of payment, except that when a portion of the trip has been completed, the refund will be made in an amount equal to the applicable one-way fare (less any applicable discount) for the portion of the trip cancelled or not operated as scheduled by Operator. If reservation is not cancelled by Passenger prior to scheduled departure, the fare shall become non-refundable.

(C) COMBINED REFUNDABLE AND NON-REFUNDABLE GDS SEAT PURCHASES
Where one leg of a fare is ticketed as a refundable fare and another leg of a fare is ticketed as a non-refundable fare, the applicable refund and cancellation policies for refundable fares will apply only to the refundable portion and the applicable refund and cancellation policies for the non-refundable fare will apply to the non- refundable portion.

(D) OTHER GDS SEAT POLICIES

(1) Reservations/Flight Passes –A “Reservation” or “Flight Pass” is a paperless ticket used to book each GDS Seat made available to Passenger by an Operator. The Reservation or Flight Pass of any Passenger refused passage or removed enroute under the provisions the Contract of Carriage may be refunded to Passenger at Surf’s sole discretion. Such a refund shall be the sole recourse of any Passenger refused passage or removed enroute.

(2) Cancellations and Changes BY SURF OR OPERATOR – An Operator will attempt to transport passengers and their baggage promptly and as scheduled. Flight schedules, however, are subject to change without notice and the schedules are not guaranteed. Surf will use its reasonable best efforts to promptly notify all affected passengers, using the contact information provided by each passenger, of planned or unplanned schedule changes and cancellations including, but not limited to, those due to weather. At times, without prior notice to passengers, an Operator may need to substitute other aircraft or air carriers and may change, add, or omit intermediate or connecting stops. Surf cannot guarantee that passengers will make connections to other Operator flights, or those of other air carriers. In the event that a flight is cancelled by Surf or an Operator due to circumstances entirely within the control of Surf or an Operator (i.e., insufficient pilot staffing or maintenance), then Surf or Operator shall credit the Passenger for documented costs up to the cost of the GDS Seat purchase amount paid by Passenger, even if the fare is a non-refundable fare.? Documented costs eligible for a credit under the preceding sentence shall be limited to up to $350 per one-way airfare or up to $350 for one night hotel stay (hotel to be selected by Surf), if Passenger opts to stay overnight versus taking alternate travel. For the avoidance of doubt, a Passenger cannot opt for both alternative travel and an overnight hotel stay. In the event that a flight is cancelled due to weather or a Temporary Flight Restriction (TFR), Surf will not be liable for any reimbursement costs.

(3) Check In and “No Shows” – Passenger must check in with the appropriate Surf personnel located at the departure airport at least fifteen (15) minutes prior to the scheduled departure time or the passenger will be considered a “No Show.” If a Passenger is a No Show, they will be unable to board the scheduled flight. Surf will refuse to honor any Reservation or Flight Pass when such action is reasonably deemed to be necessary to comply with applicable governmental regulations or requests.

(4) Identification and Travel Documentation – In accordance with the United States Transportation Security Administration (“TSA”) regulations and additional government regulations Passenger is required to comply with all TSA regulations, and will be required to present valid identification prior to departure for all flights. An Operator has the right to refuse boarding to any person without the required documentation or as a result of non-compliance with TSA or other government regulations without recourse or further obligation on behalf of an Operator or Surf.

(5) Conduct – Surf and/or Operator each reserve the right to refuse services to Passenger in their sole discretion, and for any reason. If the conduct of a Passenger endangers the aircraft or any passenger or property while on board, or a Passenger obstructs or hinders the crew in the performance of their duties, or fails to comply with any instruction of the crew, including but not limited to, those with respect to weapons or objects that can inflict harm to persons or property, smoking in any form, drugs, alcohol, or use of any threatening, abusive or insulting words towards the crew or any behavior which causes discomfort, inconvenience, damage or injury to the crew or other passengers on the flight, Surf or Operator may take such measures as deemed necessary to prevent continuation of such conduct including restraint. Passenger may be disembarked and refused onward carriage at any point and may be prosecuted for offenses committed on board the aircraft. In addition, while waiting for travel or checking-in for flights at FBO or other airport facilities, Passenger is expected to conduct themselves in a manner that is respectful of Surf, Operator or on-ground staff, as well as other travelers. If the conduct of a Passenger is in any way abusive, inappropriate, a violation of facility policies or the law, or threatens the safety of any person or property, Surf may take such measures as deemed necessary to prevent continuation of such conduct, including refusal of service or contacting law enforcement. If any Passenger is not acting in conformance with the proper rules of conduct or any guidelines or other policies published by Surf from time-to-time, then travel privileges may be revoked permanently in Surf’s sole discretion, without refund.

(6) Compliance with Laws and Regulations – Travel by Passenger shall at all times be subject to applicable laws and regulations, including regulations and guidelines established by the Department of Transportation (DOT), Federal Aviation Administration (FAA) and Transportation Security Administration (TSA). Please note that Operator may have limitations regarding carry-on or checked luggage that are more restrictive that commercial airlines due to the nature of the cargo hold of the aircraft used for flights. For instance, transportation of firearms or weapons may not be permitted under applicable regulations and guidelines. If you have any questions regarding applicable restrictions, please contact membercare@surfair.com.

(E) Other Third Party Products and Services

(1) Other Third Party Benefits – In addition to flights operated an Operator, Surf may arrange other benefits provided by a third party (“Other Third Parties”). Other Third Parties include, but are not limited to: airport facilities, courtesy car, car rental agencies, ground/air/water transportation providers (i.e., taxi, helicopter, ferry services), shipping or transportation services, caterers, and parking services. Surf assumes no liability for, and makes no guarantees or warranties regarding, these Other Third Parties and benefits and such benefits may change or end at any time.

(2) Other Third Party Fees – Surf may occasionally promote or offer for sale goods or services provided by an Other Third Party. All fees for Other Third Party products or services purchased by a Passenger (“Other Third Party Fees“) are the responsibility of the Passenger respectively.

(3) Third Party Policies and Liability – Passenger is responsible for verifying and abiding by all Other Third Party terms and conditions, rules and policies, and use of Other Third Party services shall be deemed acceptance of any such terms, conditions, rules or policies. Other Third Parties are neither agents nor employees of Surf or its affiliates. Passenger agrees that Surf and its affiliates are not liable for the acts, errors, omissions, representations, warranties, breaches, or negligence of any Other Third Party or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom, including, but not limited to, all liability for damage to Passenger’s vehicle while transported to or parked in any parking area or otherwise in the care of any Other Third Party.

(4) Parking and Ground/Air/Water Transportation – Surf does not assume responsibility for the parking of vehicles or the ground, air or water transportation of any passengers or their baggage. Surf may, at its sole discretion, offer or promote parking or other transportation options in certain locations or in conjunction with certain bundled, packaged, or charter services. Passengers are responsible for charges associated with any such parking or other transportation that they chose to accept, and the terms of this Agreement for Other Third Party service shall apply to parking or other transportation utilized by a Passenger. Surf assumes no responsibility, and all passengers waive any claims against Surf, relating to or in connection with any parking or other transportation that may be offered in connection with Surf’s services.

(5) Third Party Shipping of Baggage and Personal Property – Surf or Operator cannot transport personal property unless Passenger is accompanying such property on a flight. For a Passenger desiring the transportation of baggage to a location separate from the destination, Surf may refer the passenger to the services of a third party baggage shipping service for shipping to another destination.? Passenger is solely responsible for any third party baggage shipping fees and agrees that Surf shall not be liable for the loss of or damage to such baggage transported by a third party baggage shipping service.

(F) Amendments to Terms and Service Limitations

(1) Amendment of Agreement – Surf may amend or modify the Agreement from time to time. Amendments will be effective upon Surf’s publishing of such amended or modified terms and conditions on its website and/or mobile device applications, or via email communication to Passenger. A Passenger’s continued access or use of the service after such posting constitutes Passenger’s consent to be bound by the Agreement, as amended or modified.
(2) Non-Transferability of Membership, Rewards or Credits – GDS Seats are solely available to Passenger and cannot be lent, shared, transferred, leased or sold to any third party, except as may be allowed by GDS rules and policies.

(G) Miscellaneous

(1) Legal Authority – The person entering into this Agreement represents that such person is of legal age to form a binding contract, is not a person barred from receiving services under the laws of the United States or other applicable jurisdiction, and will only use Surf and Operator services for legitimate purposes. If the person entering this Agreement is doing so on behalf of a legal entity, such person represents that she or he has the legal authority to bind the legal entity to this Agreement.

(2) Background Checks – Passenger agrees and consents to periodic background checks on the Passenger at any time during the term of this Agreement and prior to any such individual’s travel on a Surf flight.? Background checks may be performed by a third party and in accordance with such third party’s policies and procedures. Passenger acknowledges and agrees that in so doing, Surf may require that Passenger provide additional information, including a social security number or global entry card (if no SSN), and may share all or a portion of such information with third party vendors for the purpose of conducting the background check. Surf warrants that it will maintain the confidentiality of information provided by Passenger as required by applicable law. Background checks may take up to five (5) business days to process.? A passenger’s acceptance of this Agreement and delivery of the passenger’s personal information constitutes consent to Surf for performing a background check. Surf reserves the right to refuse service, at its sole discretion, to any passenger that does not comply with the request for a background check or based on the results of a background check.

(3) Baggage and Personal Property – Surf personnel may assist with the handling of baggage on behalf of Passengers in connection with Passenger check-in. Surf’s liability, if any, for loss of or damage to baggage and/or its contents, with the exception of wheelchairs, mobility aids, and assistive devices used by an individual with a disability, is limited to the proven actual value of damage or loss, but in no event shall be greater than $200.00 per passenger. Surf will be liable for personal property only for the period in which it is in the custody of Surf. Surf will assume no liability or responsibility for property carried onboard an aircraft by a passenger and retained in the custody of the passenger.? Surf’s liability for loss, delay or damage to baggage is limited unless a higher value is declared in advance and additional charges are paid. Under no circumstances shall Surf be liable to any passenger for any type of special, incidental or consequential damages related to the damage, loss or delay of checked baggage.

Surf will compensate the passenger for reasonable, documented damages incurred as a result of the loss of or damage to such items up to the limit of liability as set forth above, provided that the damage was caused by Surf or occurred while the baggage was in Surf’s sole custody, and the passenger exercised reasonable effort to minimize the amount of damage as determined in Surf’ sole discretion. Actual value for reimbursement of lost or damaged property shall be calculated as the lesser of the documented original purchase price of the items, less depreciation for prior usage, or the cost to make applicable repairs. In no event will Surf be liable for damage to bags arising from ordinary wear and tear or broken or damaged handles, zippers, snaps, flaps, rivets, or wheels.? While Surf will make reasonable efforts to return carry-on items that have been left onboard an aircraft, Surf assumes no liability or responsibility for the loss of or damage to carry-on items.? If a wheelchair, mobility aid, or assistive device is lost, damaged, or destroyed while in Surf’s possession, Surf’s liability shall be the documented original purchase price of the wheelchair, mobility aid, or assistive device, without depreciation.

(4) Claims and Limitations of Liability; DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

Surf does not own or operate any aircraft on which the flights are performed and does not carry any aviation insurance. Furthermore, any other partner benefits are provided and administered by the respective third parties that provide the services. Passenger understands and agrees that Surf is not liable for any injury, damage, loss, expense, special or consequential damages, or any other irregularity caused by the defect of any aircraft or conveyance, or the negligence of any company or person engaged in conveying the passenger, or carrying out the arrangements for Passenger’s trip or providing any partner benefits or by accident, delay, flight schedule, change, cancellation, sickness, weather, strikes, war, quarantine or any similar cause. It is the sole responsibility of an Operator to maintain liability insurance coverage. Passengers Parties (as defined below) understand and agree that Surf is not liable for any claims arising out of or in connection with the services of an Operator or any of its partners and affiliates.

On behalf of themselves and their guests, Passengers understand and agree that Surf’s liability shall in any case be limited to the amount paid by Passenger to Surf. In addition, no claim will be recognized by Surf unless written notice of such claim is presented to Surf within twenty-one (21) days after the occurrence of the event giving rise to the claim. In the case of loss of, damage to, or delay in delivery of baggage, no claim will be entertained by Surf unless preliminary written notice of such claim is presented to a Surf representative in person within one (1) day after arrival of the flight on which the loss, damage, or delay is alleged to have occurred. The preliminary notice may thereafter be amended in writing; however, such amended claim must be presented to Surf no later than ten (10) days after the occurrence of the event giving rise to the claim. Failure to provide timely written notice will not bar a claim if the claimant establishes to the satisfaction of Surf that he or she was unable, through no fault or omission of the claimant, to provide notice within the specified time. No legal action on any claim described above may be maintained against Surf unless commenced within six (6) months of Surf’s written denial of a claim, in whole or in part.
PASSENGERS AGREE TO ACCEPT THE PROCEEDS OF THE INSURANCE MAINTAINED BY OPERATOR AS THEIR SOLE RECOURSE AGAINST OPERATOR FOR ANY LOSS OR DAMAGE (INCLUDING, WITHOUT LIMITATION, INJURY, DEATH OR PROPERTY DAMAGE) TO ANY MEMBER PARTIES; PROVIDED HOWEVER, THAT THE FOREGOING LIMITATION SHALL NOT APPLY TO IN THE EVENT OF OPERATOR’S PROVEN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
IN ALL CASES AND UNDER ALL CIRCUMSTANCES, OPERATOR OR SURF SHALL NOT IN ANY EVENT BE LIABLE TO PASSENGER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND OR NATURE INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, USE, VALUE, REVENUE, BUSINESS OPPORTUNITIES, AND THE LIKE, UNDER ANY CIRCUMSTANCES OR FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, ANY DELAY OR FAILURE TO FURNISH ANY AIRCRAFT CAUSED OR OCCASIONED BY THE PERFORMANCE OR NON-PERFORMANCE OF ANY OBLIGATIONS OF OPERATOR (REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT OR TORT OR ANY OTHER LEGAL OR EQUITABLE THEORY), EVEN IF ANY SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITIES OF SUCH DAMAGES.

PASSENGER ACKNOWLEDGES AND AGREES THAT, EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES CONTAINED IN THIS AGREEMENT AND IN THE TERMS AND CONDITIONS, IN EACH CASE AS AMENDED FROM TIME TO TIME: (A) NEITHER SURF NOR ANY OTHER PERSON ON SURF’S BEHALF HAS MADE OR MAKES ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY, EITHER ORAL OR WRITTEN, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, TRADE, OR OTHERWISE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED; AND (B) PASSENGER ACKNOWLEDGES AND AGREES THAT, IN DECIDING TO PURCHASE A MEMBERSHIP OR USE SURF SERVICES, HE, OR SHE HAS NOT RELIED UPON ANY REPRESENTATION, WARRANTY OR DISCLOSURE MADE BY SURF OR ANY OTHER PERSON ON SURF’S BEHALF, EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR IN THE TERMS AND CONDITIONS, IN EACH CASE AS AMENDED FROM TIME TO TIME.

(5) Choice of Law – This Agreement will be governed in all respects by the laws of the State of California without regard to their respective conflicts of laws rules.

(6) Dispute Resolution; MANDATORY BINDING INDIVIDUAL ARBITRATION

Please read this section carefully.? It affects legal rights that you may otherwise have and requires individual final and binding arbitration of most disputes instead of resolution in court.

In the event of a dispute under this Agreement, where such dispute has not been settled within thirty (30) days after written notice from either party to the other of the existence of the dispute, the parties agree that, at the request of either party, such dispute will be submitted for binding arbitration in accordance with the procedures below.Arbitration is the submission of a dispute to a neutral arbitrator, instead of a judge or jury, for a final and binding decision, known as an “award.”? Arbitration provides for more limited discovery than in court, is subject to limited review by courts, and the result is confidential.? Each party has an opportunity to present evidence to the arbitrator in writing or through witnesses.? An arbitrator can only award the same damages and relief that a court can award under the law and must honor the terms and conditions in this Agreement.

ARBITRATION AGREEMENT, CLASS ACTION WAIVER, PUNITIVE DAMAGES WAIVER

You and Surf agree that any dispute, whether at law or equity, arising out of or relating to this Agreement or your use of Surf products or services, regardless of the date of accrual of such dispute, shall be resolved in its entirety by individual (not classwide or collective) binding arbitration, except that you or Surf may take claims to small claims court if they qualify for hearing by such a court.

You and Surf agree that any arbitration under this Agreement will take place on an individual basis and that class, mass, consolidated or combined actions or arbitrations or proceedings as a private attorney general are not permitted.

You and Surf agree to waive the right to trial by jury.

This agreement to arbitrate extends to claims that you assert against other parties, including without limit claims against Surf’s affiliates and related entities.

The Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.

This agreement to arbitrate shall survive termination of this Agreement.? Notwithstanding anything to the contrary, if any part of this agreement to arbitrate is deemed invalid or inapplicable, the remainder of the agreement to arbitrate shall still be considered valid and enforceable.? If any part of this agreement to arbitrate is deemed invalid or inapplicable, you and Surf both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class, mass, consolidated, or combined basis.

ARBITRATION PROCEDURES

Arbitration shall be conducted by JAMS in accordance with its Streamlined Arbitration Rules and Procedures (the “JAMS Rules”).? The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at?http://www.jamsadr.com?or 1-800-352-5267.? To begin an arbitration proceeding, you must serve at Member Care, 1408 Third Street Promenade, Suite 300, Santa Monica, CA 90401, United States.

Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and Surf will pay all other administrative costs and fees.? In addition, for claims of less than $1,000, Surf will reimburse you for the $25 fee if the arbitrator rules in your favor.? Reasonable attorneys’ fees and expenses will be awarded only to the extent such allocation or award is available under applicable law.

Any arbitration will take place in or near the county where claimant resides and will be determined by a single arbitrator; provided, however, that upon request by either party, the arbitration shall be conducted via telephone to the extent permitted by the JAMS Rules.? The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief).

Judgment on the award may be entered in any court of competent jurisdiction. The proceeding will be closed except to the parties, their attorneys, representatives, witnesses, and experts, all of whom must agree or have a duty to maintain the confidentiality of the dispute and its result, except as needed to implement the ruling.

(7) Right to Change Agreement – Surf reserves the right, based on reasonable business needs and to the extent not prohibited by applicable law, to change, delete, or add to any of the terms of this Agreement, including the documents referenced and incorporated, without prior notice.

(8) Severability – If, for any reason, any portion of this Agreement is determined by a competent authority to be void or unenforceable, then (a) that portion will have no effect, (b) the balance of this Agreement will remain in full force and effect, and (c) this Agreement will be performed as though the stricken portion were replaced with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.

(9) Titles – Article titles and subheadings contained in this Agreement are inserted only as a matter of convenience and for reference. Such titles in no way define, limit, or describe the scope or extent of any provision of this Agreement.

(10) Conflicts – In the event of a conflict between a Contract of Carriage, this Agreement, terms printed on any ticket, terms printed on any ticketless travel authorization, and terms specified on Surf’s website or mobile device application, precedence will be given in the order in which they are listed in the foregoing and if there is more than one version of any that are applicable, the last in time.

(11) Privacy – Surf takes appropriate measures to maintain data regarding its Passengers and their guests confidential. Surf may be required to furnish Passenger and guest data, such as name, date of birth, and passport information, to comply with national and international security requirements or rules of governing bodies. It may also be necessary for Surf to provide names of persons on a flight and other information to third parties providing services related to a flight including to an Operator and governmental authorities. Surf may use Passenger information to check the credit of Passenger in connection with its invoice collection efforts or to check the credit of Passenger and perform criminal and other background searches of Passenger in connection with evaluating whether to accept or continue Passenger’s purchase of a GDS Seat. Surf does not sell Passenger or guest data to third parties.

For further information regarding Surf’s processing of your data and information, please reference Surf’s Privacy Policy which is available on the Legal link of Surf’s website at www.beechcroftinn.com.

(12) Release to Use Picture and Voice – Passenger authorizes Surf, its subsidiaries, licensees, successors and assigns, to use Passenger’s (1) picture, including photographic, motion picture, and electronic (video) images; and (2) voice, including sound and video recordings created while Passenger is utilizing Surf or Operator services. Passenger hereby grants Surf, its subsidiaries, licensees, successors and assigns, the right to use, publish, and reproduce, for all purposes, Passenger’s name, picture of Passenger in film or electronic (video) form, sound and video recordings of Passenger’s voice, and printed and electronic copy of the information described above in any and all media including, without limitation, cable and broadcast television and Internet, and for exhibition, distribution, promotion, advertising, sale, press conferences, meetings, hearings, educational purposes and in brochures and other print media. This permission extends to all languages, media, formats and markets now known or hereafter devised whether in the United States or abroad. The permission shall continue forever. Passenger further grants Surf, its subsidiaries, licensees, successors and assigns all right, title, and interest in all finished pictures, negatives, reproductions, and copies of the original print, and further grants Surf, its subsidiaries, licensees, successors and assigns the right to give, sell, transfer, and exhibit the print in copies or facsimiles thereof, for marketing, communications, or advertising purposes, as it deems fit in its sole discretion. Passenger hereby waives the right to receive any payment for granting this release and waives the right to receive any payment for Surf’s, its subsidiaries, licensees, successors and assigns use of any of the material described above for any purpose authorized by this release. Passenger also waives any right to inspect or approve finished photographs, audio, video, multimedia, or advertising recordings and copy or printed matter or computer generated scanned image and other electronic media that may be used in conjunction therewith and to approve the eventual use that it might be applied. Passenger acknowledges that he or she has read the foregoing and fully understands and agrees to the contents thereof.

(13) Intellectual Property; License to Use Software; Acceptable Use and Non-Infringement – Surf and its licensors shall own all right, title and interest, including all intellectual property rights, in Surf’s services and the Software, including any suggestions, ideas, feedback, recommendations or other information provided by Passengers or any third party regarding Surf’s services or the Software that Surf incorporates into the services or Software. Subject to Passenger’s compliance with this Agreement, Surf grants Passenger a limited non-exclusive, non-transferable license to download and use the Software solely for Passenger’s own personal use. Nothing in this Agreement shall be deemed to convey any rights of ownership in the Software or any Surf intellectual property to Passenger or any third party, except for the limited license granted herein. Passengers are required to comply with the terms of any site where Software is available for download. Passenger shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Software in any way; (ii) modify or make derivative works based upon the Software; (iii) reverse engineer or access the Software in order to build a product using similar ideas, features, functions or graphics of the Software, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Software. Passenger shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or that violate a third party’s privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with the performance of the Software; or (v) attempt to gain unauthorized access to the Software or its related systems.

(H) Notice and Contact Information

Surf may give notice by means of a general notice through the Software, email to Passenger’s email address on record or by written communication sent to Passenger’s address on record. Such notice shall be deemed to have been given upon the expiration of two (2) business days after mailing (if sent by first class mail) or twenty-four (24) hours after posting or sending it via email or other means of electronic transmission. Passenger may give notice to Surf (such notice shall be deemed given when received by Surf) at any time by any of the following: letter delivered by nationally recognized overnight delivery service or first class mail postage prepaid with delivery confirmation to Surf at the following address: Surf Air Inc., 1408 Third Street Promenade, Suite 300, Santa Monica, CA 90401 addressed to the attention of: Chief Executive Officer, with a copy to the Legal Department.

Member Care services can be contacted at:

Surf Air

1408 Third Street Promenade, Suite 300

Santa Monica, CA 90401

Email Address: memberservices@surfair.com