Terms and Conditions
Last revised: August 27, 2026
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION THAT AFFECTS YOUR RIGHTS, REMEDIES, AND OBLIGATIONS. THEY INCLUDE AN AGREEMENT TO ARBITRATE (UNLESS YOU OPT OUT). THESE TERMS ALSO INCLUDE A PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF FOR ALL MATTERS IN EITHER COURT OR ARBITRATION, VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION, VENUE, AND GOVERNING LAW OF DISPUTES, EXCEPT WHERE PROHIBITED, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
• Introduction
• Eligibility, registration, verification
• Fees, taxes
• Your commitments
• Content
• Prohibited activities
• Other legal matters
• Specific terms for pilots
• Specific terms for hosts
• Dispute resolution
• General provisions Introduction AirplaneLocator LLC, provides an online airplane sharing platform that connects airplane owners with pilots seeking to book those airplanes. AirplaneLocator’s registered business name is “AirplaneLocator LLC.” In the Terms and Conditions, the business will be referenced as “AirplaneLocator.” The AirplaneLocator airplane sharing platform is accessible online including at airplanelocator.com and as an application for mobile devices. The AirplaneLocator websites, blog, mobile applications, and associated services are collectively referred to as “the Services”. By accessing or using the Services, including by communicating with us or other AirplaneLocator users, you agree to comply with, and be legally bound by, the provisions of these Terms of Service (these “Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Services and constitute a binding legal agreement between you and AirplaneLocator and any thirdparty beneficiaries, as applicable as further set forth below.
These Terms, together with the applicable insurance terms and certificates (together, the “Policies”) constitute the “Agreement” between you and AirplaneLocator (each a “Party” and together, “the Parties”). In addition, AirplaneLocator provides a written confirmation that summarizes the terms of each reservation agreed between the host and pilot at the time of booking and any modification, accessible in the Services for any booked or previous trips and you may use it as proof of a reservation. AirplaneLocator acts as the intermediary for the transactions between the traveler or pilot that books an airplane on the Services (“pilot”) and the airplane owner or host that lists an airplane for booking on the Services (“host”). Modification. AirplaneLocator reserves the right, at our sole discretion, to modify the Services or to modify the Agreement, including these Terms, at any time. If we modify these Terms, we will post the modification on the Services. We will also update the “Last Revised” date at the top of these Terms. If you continue to access or use the Services after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified terms. If the modified terms are not acceptable to you, your sole recourse is to stop using and accessing the Services and close your AirplaneLocator Account within 30 days. If you choose to close your AirplaneLocator Account, the previous effective version of these Terms will apply to you, unless you use the Services during the intervening 30-day period, in which case the new version of these Terms will apply to you.
Eligibility, registration, verification Eligibility The Services are intended solely for pilots who meet eligibility requirements in compliance with all applicable laws. Any use of the Services by anyone that does not meet these eligibility requirements is expressly prohibited.
Registration To access certain features of the Services, you must sign up for an account with us (a “AirplaneLocator Account”). You can create an AirplaneLocator Account by providing us your first and last name, email address, mobile phone number, and creating a password or connecting through an account with a third-party site or service (including Apple and Google). When you book an airplane as a pilot, you provide us with certain additional information about yourself. Similarly, when you list an airplane as a host, you provide us with certain additional information about yourself and your airplane(s) (if applicable). You must provide accurate, current, and complete information during the registration, booking, and/or listing process. You must keep your AirplaneLocator Account up to date at all times. Based on information you provide, AirplaneLocator may impose additional requirements for you to book a trip (e.g., providing a deposit, adding a second form of payment, buying a certain level of insurance, or other requirements).
Verification Where permitted, AirplaneLocator has the right, but not the obligation, to undertake screenings, checks, and engage in processes designed to (1) help verify the identities or check the backgrounds of users, including flying history and pilot’s license validity and (2) verify airplane details. AirplaneLocator does not endorse any airplane, user, or a user’s background, or commit to undertake any specific screening process. AirplaneLocator may in its sole discretion use third-party services to verify the information you provide to us and to obtain additional related information and corrections where applicable, and you hereby authorize AirplaneLocator to request, receive, use, and store such information. AirplaneLocator may permit or refuse your request to book or list an airplane in its sole and absolute discretion. AirplaneLocator may, but does not commit to, undertake efforts to ensure the safety of airplanes shared through the Services. We do not make any representations about, confirm, or endorse the safety, airworthiness, or legal status of any airplanes shared via the Services. Rather, hosts have sole responsibility to ensure their airplanes are in safe and operable condition, legally registered to be flown, have a clean title (e.g., non-salvaged/nonbranded/non-washed/non-written off), not subject to any applicable safety airworthiness directives, and otherwise satisfy airplane eligibility requirements in compliance with all applicable laws. Airplane hosts have the final responsibility to verify pilot renters’ skillset, experience and qualifications based on FAA Federal laws and regulations. Consumer report authorization. When you attempt to book or list an airplane, or at any time after where AirplaneLocator reasonably believes there may be an increased level of risk associated with your AirplaneLocator Account, you hereby provide AirplaneLocator with written instructions and authorize AirplaneLocator, in accordance with the Fair Credit Reporting Act, applicable consumer reporting laws, or any similar laws to obtain your personal and/or business aviation insurance score, credit report, and/or conduct a background check, including a criminal background check where permissible under applicable law.
Fees, taxes Fees The fees we charge for using the Services and other cost structures will be itemized at checkout for pilots. You can verify the amount for your trip at checkout before you submit your trip request. When you provide AirplaneLocator a payment method, you authorize AirplaneLocator, or third-party service providers acting on behalf of AirplaneLocator, to store your payment credential for future use in the event you owe AirplaneLocator any money. You authorize AirplaneLocator to use stored payment credentials for balances, including for Trip costs, host fees, and pilot fees (e.g., late fees, security deposits, processing fees and claims costs, and related administrative fees). In some cases, our payment processors have arrangements with card networks to automatically update stored payment credentials whenever you receive a new card (e.g., replacing an expired card or one that was reported lost or stolen) and we will rely on such updates to stored payment credentials for balances. If we attempt to issue a refund and the original payment method is no longer on file or otherwise inaccessible, we reserve the right to issue travel credit in lieu of refunding to your original payment method.
*AirplaneLocator’s fee breakdown varies depending on whether you are a Pilot (Airplane Renter) or an Airplane Owner (Host). Both pay separate fees for platform usage. Pilots (Airplane Renter) Fees Trip Fee: AirplaneLocator’s service fee for platform operations. It is calculated using an algorithm based on trip length, airplane value, lead time, and market demand. It typically ranges from 2.5% to 100% of the trip price, with a strict $15.00 minimum per trip. Protection Plan: Optional insurance coverage. You can choose a plan through our partner Gallagher or decline coverage if you have your own airplane renter’s insurance. Taxes and Airport Fees: Local sales taxes or surge charges will apply and vary based on the location.
Hosts (Airplane Owner) Fees When you list an airplane, AirplaneLocator takes a percentage of the daily rate to cover platform costs.
• Listing fees: When a host wants to list and publish an airplane, there will be a listing fee of $99.00 per airplane that will be billed annually to keep an active listing. Violation Fees Both pilots and hosts may incur flat-rate penalty fees for breaking policies. Pilots: Late returns ($20-$100+), excessive cleaning, smoking, and hourly overages on any bookings.
Hosts: Trip cancellations, no-shows, and failing to meet airplane maintenance and compliance under FAA Code of Federal Regulations.
Collection of fees AirplaneLocator and its service providers will employ all legal methods available to collect amounts due, including the engagement of collection agencies or legal counsel. AirplaneLocator, or the collection agencies we retain, may also report information about your AirplaneLocator Account to credit bureaus. As a result, late payments, missed payments, or other defaults on your AirplaneLocator Account may be reflected in your credit report. In addition to the amount due, delinquent accounts or chargebacks will be charged with fees and/or charges that are incidental to the collection of delinquent accounts or chargebacks including, but not limited to, collection fees, convenience fees, and/or other third-party charges. If you wish to dispute the information AirplaneLocator reported to a credit bureau (i.e., Experian, Equifax, or TransUnion), please contact contactus@airplanelocator.com. If you wish to dispute the information a collection agency reported to a credit bureau regarding your AirplaneLocator Account, you must contact the collection agency directly. Taxes In certain jurisdictions, to the extent required by applicable law, AirplaneLocator may enable the collection and remittance of certain taxes from or on behalf of pilots or hosts, based on existing and future tax regulations, including marketplace facilitator regulations. The amount of taxes, if any, collected and remitted by AirplaneLocator will be visible to, and separately stated, to both pilots and hosts on their respective trip related documents and invoices. Where AirplaneLocator is facilitating the collection and remittance of taxes, hosts are not permitted to collect the same taxes on the Services in relation to their airplane sharing in that jurisdiction. Except as provided for immediately above, hosts are responsible for collection and remittance of sales and use taxes applicable to the renting of airplanes under the Services and these Terms. Pilots are responsible for the payment of all such taxes and shall indemnify hosts (and AirplaneLocator, as applicable) for the full amount of same. For the avoidance of doubt, to the maximum extent permitted by applicable law, each Party acknowledges that AirplaneLocator is not responsible for and has no obligation for any taxes applicable to the leasing, use, and/or rental of airplanes between hosts and pilots pursuant to the Services and these Terms, regardless of which Party is collecting and remitting same, and/or paying for same, and each Party hereby indemnifies AirplaneLocator for the full amount of all such taxes. For any tax documentation AirplaneLocator must provide hosts, you consent to electronic delivery.
Your commitments You agree that you will always use your AirplaneLocator Account and the Services in compliance with these Terms, FAA, applicable law, and any other policies and standards provided to you by AirplaneLocator.
Account Activity. You are, and will be solely responsible for, all activity that occurs through your AirplaneLocator Account. Keep your AirplaneLocator Account information, including your password, secure. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your AirplaneLocator Account, whether you have authorized such activities or actions. You will immediately notify AirplaneLocator of any actual or suspected unauthorized use of your AirplaneLocator Account. We are not responsible for your failure to comply with this clause, or for any delay in shutting down or protecting your AirplaneLocator Account unless you have reported unauthorized access to us.
Content AirplaneLocator Content and User Content License. Subject to your compliance with the provisions of these Terms, AirplaneLocator grants you a limited, revocable, non-exclusive, non-transferable license, to access and view any AirplaneLocator and/or user content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by AirplaneLocator or its licensors, except for the licenses and rights expressly granted in these Terms.
User Content. We may, in our sole discretion, permit you to post, upload, publish, submit or transmit content through the Services such as photographs of you and your airplane(s), reviews, feedback, and descriptions of you, your airplane, or trip. By making available any content on or through the Services, or through Airplane promotional campaigns, you grant AirplaneLocator a worldwide, irrevocable, perpetual (or for the term of the protection), nonexclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such content on, through, by means of, or to promote or market the Services. Except as described above with respect to AirplaneLocator photography provided to hosts, AirplaneLocator does not claim any ownership rights in any such content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such content.
Copyright Protection. We respond to notices of alleged copyright infringement and terminate AirplaneLocator Accounts of repeat infringers according to the process set out in the US Digital Millennium Copyright Act and similar laws. If you think a user is violating your copyright(s) and want to notify us, you can find information about submitting notices here. Google/Apple terms. Some areas of the Services implement Apple Maps, Google Maps/Places mapping services, including Google Places API. In addition, to fight spam and abuse of the Services, AirplaneLocator has implemented reCAPTCHA Enterprise, a Google service. By using the Services, you are bound by Google's Terms of Service and Apple’s Terms of Service.
Prohibited activities In connection with your use of or access to the Services, you agree that you will not, nor advocate, encourage, request, or assist any third party to:
Violate any law, including:
• Breach, violate, and/or circumvent any local, state, provincial/territorial, regional, or national law or other law or regulation, or any order of a court, including, without limitation, airport regulations and tax regulations, licensing or registration requirements, or third-party rights
• Post false, inaccurate, misleading, defamatory, or libelous content
• Infringe, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to AirplaneLocator, or that comes from the Services and belongs to another AirplaneLocator user or to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property, privacy, publicity, moral, or contractual rights, except with prior express written permission of AirplaneLocator.
Dilute, tarnish, or otherwise harm the AirplaneLocator brand:
• Through unauthorized use of the Services and/or user content
• By registering and/or using "AirplaneLocator" or derivative terms in domain names, trade names, trademarks, or otherwise
• By registering and/or using domain names, trade names, trademarks, social media account names, or other means of identification that closely imitate or are confusingly similar to AirplaneLocator domains, trademarks, taglines, promotional campaigns, or AirplaneLocator and/or user content Provide or submit any false or misleading information, including:
• False name, date of birth, driver’s license details, payment method, insurance, or other personal information
• In relation to a claim (for example about damage to an airplane)
• By registering for an AirplaneLocator Account on behalf of an individual other than yourself or the company you represent
• Impersonating any person or entity, or falsifying or otherwise misrepresenting yourself or your affiliation with any person or entity Fail to honor your commitments, including:
• Fail to pay fees, penalties, or other amounts owed to AirplaneLocator or another user
• Fail, as either a guest or host, to timely deliver, make available, or return any airplane and optional Extras, unless you have a valid reason
• Use the Services to find a host or guest, and then complete a transaction partially or wholly independent of the Services, for any reason including but not limited to circumventing the obligation to pay any fees related to the provision of the Services by AirplaneLocator (aka, gray market transactions, which do not necessarily require the exchange of money)
• Transfer your AirplaneLocator Account and/or user ID to another party without our consent
• Leave an airplane unlocked or with the keys inside, except where instructed to do so directly by AirplaneLocator in certain limited circumstances Harm or threaten to harm users of our community, including:
• Harass, stalk, or defame any other AirplaneLocator user or collect or store any personally identifiable information about any other user other than for purposes of transacting as a host or guest in accordance with these Terms
• Engage in physically or verbally abusive or threatening conduct
• Use the Services to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information, payment method details, or account numbers
• Treat anyone differently based on the way they look, who they love, what they believe, how they self-identify, where they are from, or when they were born. Discrimination of any kind is not tolerated in the AirplaneLocator community
• Sue or assert legal claims against AirplaneLocator or a AirplaneLocator user in any manner prohibited or waived by these Terms Use the Services for your own unrelated purposes, including to:
• Contact another AirplaneLocator user for any purpose other than in relation to a booking, airplane, listing, or the use of the Services by such user
• Commercialize any content found on the Services or software associated with the Services, including reviews
• Harvest or otherwise collect information about users without their and our consent, including but not limited to conducting background checks
• Recruit or otherwise solicit any user to join third-party services or websites that are competitive to AirplaneLocator, without our prior written approval Interfere with the operation of the Services, including by:
• Interfering with any other user’s listings
• Using the Services in connection with the distribution or posting of unsolicited commercial messages (e.g., spam)
• Distributing viruses or any other technologies such as cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or e-mail address information, or similar methods or technology that may disrupt or interfere with the operation or provision of the Services, or harm AirplaneLocator or the interests or property of others
• Bypassing robot exclusion headers, interfering with the working of the Services, or imposing an unreasonable or disproportionately large load on our infrastructure
• Systematically retrieving data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, directory, or the like, whether by manual methods, or through the use of bots, crawlers, spiders, or otherwise
• Using, displaying, mirroring, or framing the Services or any individual element within the Services, the AirplaneLocator name, any AirplaneLocator trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page in the Services, without the express written consent of AirplaneLocator
• Accessing, tampering with, or using non-public areas of the Services, our computer systems, or the technical delivery systems of our service providers
• Attempting to probe, scan, or test the vulnerability of any of our system or network or breach any security or authentication measures
• Avoiding, bypassing, removing, deactivating, impairing, descrambling, or otherwise circumventing any technological measure implemented by AirplaneLocator or any of our service providers or any other third party (including another user) to protect the Services
• Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way using the Services to send altered, deceptive, or false source-identifying information
• Attempting to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services
• Endeavoring to circumvent a suspension, termination, or closure of your AirplaneLocator Account or the account of another AirplaneLocator user, including, but not limited to, creating a new AirplaneLocator Account or listing airplanes affiliated with or registered to an AirplaneLocator Account holder that has been suspended, terminated, or closed Other legal matters Violations. AirplaneLocator has the right, but not the obligation, to investigate, pursue, and seek to prosecute, litigate, or refer to law enforcement, violations of the Agreement to the fullest extent permissible by the law.
AirplaneLocator reserves the right, at any time and without prior notice, in accordance with applicable law, to remove or disable access to any content that AirplaneLocator, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Services or our community. If we believe you are abusing AirplaneLocator, our users, or any other person in any way or violating the letter or spirit of any of these Terms, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your AirplaneLocator Account and access to the Services, remove hosted content, deny a damage claim, remove or demote your listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using the Services. If your listings are priced artificially high compared to similar airplanes in the market area and/or priced unreasonably more than the recommended price provided by AirplaneLocator, we reserve the right to restrict the listing or remove you from the Services. Additionally, we reserve the right to refuse or terminate access to the Services to anyone for any reason at our discretion to the full extent permitted under applicable law.
Policy enforcement. When an issue arises, we may consider the user’s performance history and the specific circumstances in applying our Policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing, subject to our sole and absolute discretion.
Communications with you. You agree that AirplaneLocator may contact you by electronic means (e.g., electronic mail; notifications via AirplaneLocator messaging; app notification) in lieu of any requirement for mailed notices. To contact you more efficiently, you agree that we may at times also contact you using autodialed or prerecorded message calls or text messages at your phone number(s). We will not place such calls for marketing purposes. Rather, we may only place such calls or texts to confirm your signup, provide notices regarding your AirplaneLocator Account or AirplaneLocator Account activity, investigate or prevent fraud, collect a debt owed to us or recover unpaid invoices, or communicate urgent messages. We may share your phone number(s) with service providers with whom we contract to assist us in pursuing these interests. We will not share your phone number(s) with third parties for their own purposes without your consent. Standard telephone minute and text and data charges may apply. Where AirplaneLocator is required to obtain your consent for such communications, you may choose to revoke your consent. You agree that AirplaneLocator may contact you on any day, at any time of day, and in relation with the above purposes.
You authorize AirplaneLocator and our service providers, without further notice, to monitor or record telephone conversations or web chat interactions you have, or anyone acting on your behalf has, with AirplaneLocator or its agents for quality control, training, or other purposes. You understand and agree that your communications with AirplaneLocator may be overheard, monitored, or recorded. If you do not wish to have your call recorded, please contact us instead in writing through contactus@airplanelocator.com. If you do not wish to have your chat activity recorded or monitored, please do not use the chat function on the Services.
Insurance. AirplaneLocator is not an insurance company and does not insure hosts or pilots. Each pilot and host must obtain and carry insurance regarding the ownership and/or operation of the airplane, as applicable, and as further described in these Terms. Further, it is the responsibility of each such Party (i.e., a host or pilot) to verify the other Party’s insurance coverage is in place, compliant with these Terms and adequate to support the use/rental arrangement between the Parties. In addition, any claims relating to any losses or damages suffered by a Party shall be made specifically with the applicable insurance company (or companies) of the Parties, and/or against the other Party, and not against AirplaneLocator (and/or its insurance providers). AirplaneLocator hereby disclaims all involvement in and responsibility for any claims whatsoever, and of any nature, and for any and all losses and/or damages of, by, or between the Parties. Please refer to the specific terms for pilots and specific terms for hosts sections below for additional information based on the nature of your use of the Services.
Beneficiaries.
Each pilot is an express beneficiary of all representations, warranties, covenants and obligations hereunder of each host from which the pilot rents or reserves any airplane or procures, or contracts to procure, any goods or services.
Each host is an express beneficiary of all representations, warranties, covenants and obligations hereunder of each pilot that rents or reserves any airplane, or procures, or contracts to procure, any goods of services from, such host.
If a Party wishes to enforce any rights under these Terms or otherwise against any other Party and impedes or otherwise involves AirplaneLocator, the Party involving AirplaneLocator will pay, and indemnify, defend, and hold harmless, AirplaneLocator and all AirplaneLocator Parties from and against, all costs associated with any such involvement, including, but not limited to, the fees and costs of counsel selected by the AirplaneLocator Parties and the fair market value of the time and efforts the AirplaneLocator Parties’ non-attorney agents and experts. The impeding or involving Party upon request by the AirplaneLocator Parties, will pre-pay such amounts or post a bond to cover such costs.
AirplaneLocator’s sole obligation with respect to each Party’s’ rights vis-à-vis each other is to use commercially reasonable efforts to give effect to the beneficiary designations in this
section. AirplaneLocator makes no representation or warranty that any Party will have any particular right as against any other Party.
Operational Control/Dry Lease. Each pilot will, for all purposes, have Operational Control of each rented airplane during each Lease Period (as defined below). “Operational Control,” with respect to a flight, means the exercise of authority over initiating, conducting, or terminating the flight. If the definition of Operational Control in FAR 1.1 changes from the foregoing definition, the definition of Operational Control herein will change so as to mirror the definition set by the FARs.
Non-Exclusive Dry Lease; Lease Period. Subject to the terms and conditions of this Agreement, for a respective Lease Period (as defined below) host hereby agrees to lease on a non-exclusive basis an airplane to pilot and pilot agrees to lease an airplane from host on such basis. The airplane shall be available to pilot, and shall be scheduled for use, based on mutual agreement between host and pilot, as set forth and provided for in the Services. Host and pilot shall mutually agree the specific time and date when pilot shall take possession and control of the airplane and when pilot shall relinquish possession and control of the airplane (each, a “Lease Period”). Each Lease Period constitutes a separate rental or lease, and for avoidance of doubt, the only time pilot has a continuous or recurring right to use the airplane is when pilot is in actual possession of the airplane during a Lease Period.
Home Airport; Delivery, Possession and Return of Airplane. Each host airplane shall be hangared at the home airport as set forth in the Services (“Home Airport”). At the end of each Lease Period, pilot will return the airplane to host at the Home Airport, or such other location as is mutually agreeable to the Parties in writing, in the same general condition as received at the time of delivery, normal wear, tear and technical obsolescence excepted. If pilot is unable to return the airplane to host at the end of the Lease Period because of weather, mechanical difficulties, or other circumstances beyond pilot’s control, pilot will return the airplane to host as soon as is reasonably possible. Pilot will remain responsible for any costs or expenses incurred by host and caused by pilot’s actions or failure to act with respect to returning the airplane in the same general condition as received at the time of delivery, and this obligation will survive the termination of the Lease Period. During pilot’s possession of the airplane, pilot shall not make or permit to be made any modification, alteration, improvement or addition to the airplane without the express written consent of host.
Specific terms for pilots The following sections also apply if you book an airplane using the Services: Pilot commitments As a pilot, you commit that you will be a FAA qualified and licensed pilot and provide proof to the host or via the Services of a current, valid pilot’s license along with any other appropriate documentation that may be upon requests to prove you’re legally, qualified to operate the airplane. You will treat the airplane and any applicable Extras well and will take all reasonable measures to return the airplane and any applicable Extras on time and in essentially the same condition as received. You will not allow anyone other than a person listed in the trip details as an Approved Pilot to fly the airplane you booked. No right of withdrawal Your only rights are described in the cancellation policy.
Pilot financial responsibility for physical damage to the airplane The pilot that booked the trip (“primary pilot”) is financially responsible for all physical damage to or theft of a booked airplane that occurs during a trip, plus any additional costs and fees resulting from damage of any kind to the airplane, regardless of who is found to be at fault. This responsibility applies whether the primary pilot has their own aviation renter’s insurance or not.
Pilots must be insured against damage to the booked airplane under their own airplane renter’s policies. When you book an airplane on AirplaneLocator, you agree that if any damage occurs to the booked airplane during the booked trip, you will make a claim for coverage under any policy of insurance that applies to the loss.
Airplane liability insurance and legal liability protection Hosts offering an airplane for sharing on the Services cannot offer you liability insurance. The pilot will be expected to have their own personal airplane renter’s policy in accordance with the pilot eligibility requirements and as otherwise provided for in these Terms. Use of the airplane When you book an airplane on the Services, you must use the airplane only for your personal or professional use and not for any commercial purposes unless you have express written permission from the AirplaneLocator Legal Department in advance. You may not access an airplane until the trip start time and you must return the airplane on time and to the correct location. You must present the host with a current, valid FAA pilot’s license, medical certificate, driver’s license and airplane renter’s insurance, and any other necessary documentation needed for legal purposes. You must exercise reasonable care in your use of the airplane. You are always required to operate the airplane safely, and in compliance with all applicable laws and regulations, including without limitation, airspace compliance and prohibitions on impaired or distracted flying. In the event AirplaneLocator has any concern about your use of an airplane, AirplaneLocator or the owner of their airplane “Host” may terminate your trip in its discretion at any time and require the return of the airplane, including recovering the airplane on behalf of the host. You are required to wear seat belts during the operation of the airplane and to require that all of your passengers wear seat belts. You are also required to meet any laws or FAA regulations concerning child safety seats and other protections for children. You must not leave the airplane unlocked or with the keys unsecure (such as in the ignition), otherwise, unless instructed to do so by the host. You must not engage in any prohibited uses with any airplane you book through the Services. If you have any concerns about your planned use, please contact contactus@airplanelocator.com. If you misuse an airplane you will be fully financially responsible for any related claims, loss, or damage. Pilots also acknowledge that using an airplane in a prohibited manner or otherwise breaching the Agreement may nullify insurance coverage.
Telematics notice and release. (FlightAware, ADSB In/Out, ForeFlight and etc) Condition of the Airplane and optional Extras You understand that third parties own the airplanes and Extras offered through the Services. Each host is responsible for complying with all legal requirements (including ensuring the airplane is registered and insured) and maintaining their airplane(s) in safe and airworthy condition. Please complete a pre-flight/post-flight inspection before you begin or end your use of the airplane. If you find damage in your initial preflight inspection, you should upload photos of such pre-existing damage at the start of your reservation to ensure you are not held responsible for pre-existing damage. If you find damage on your initial preflight inspection and fail to report it, AirplaneLocator, third-party administrators, or insurance partners, may assume that the damage occurred during your reservation period. If, after your initial preflight inspection, you believe that the airplane is not safe to fly, please do not operate the airplane; instead, please contact the Host of that airplane immediately as they’re the one responsible for resolving the issue. If, after your post-flight inspection, you believe the airplane has been damaged or have any suspicion that the airplane is unsafe/unairworthy to operate immediately notify the host.
No responsibility for shared airplanes or personal belongings You acknowledge that AirplaneLocator is not responsible and shall not be liable for the safety, airworthiness, or legal status (e.g., whether the airplane is legally registered or the subject of a stolen airplane report) of any airplanes shared via the Services. Rather, hosts have sole responsibility to ensure their airplanes are in safe and operable condition, legally registered to be flown, not subject to a missing or stolen airplane report, have a clean title (e.g., non-salvaged/non-branded/non-washed/non-written off), not subject to any applicable airworthiness directives, and otherwise satisfy airplane eligibility requirements in compliance with all applicable laws. You also acknowledge and agree that neither AirplaneLocator nor hosts are responsible for lost or stolen property left in any airplane or taken or damaged during a trip.
Incident reporting You must immediately report any incident or accident to the airplane you are using to the host and the host will contact AirplaneLocator at their discretion or if appropriate. Immediately dial 911 in the event of an emergency. If an inflight emergency occurs, take the appropriate steps in declaring an emergency and land as soon as practical. Search and Rescue operations through the nearest FSS, squawk 7700, and contact Guard on 121.5 or ATC if in distress. To file a safety report, use the FAA hotline, the aviation safety reporting system (ASRS) or report directly to your local FSDO office. 49 CFR Part 830. You will need to use all reasonable efforts to secure evidence from any available witnesses/sources and to provide AirplaneLocator or third-party claims administrators with a written description of the incident/accident and any other information requested, including identity and insurance information of any parties involved in the incident/accident. You are also required to cooperate in any loss investigation conducted by AirplaneLocator, third party claims administrators, or insurers. Failure to timely report an incident/accident or cooperate in an investigation could result in legal consequences enforced by the FAA or local law enforcement authority.
Airplane theft The following conduct may result in the reporting of the airplane you have booked as stolen to law enforcement, possibly subjecting you and any other pilot to arrest, and civil and/or criminal penalties, and the voiding of your insurance coverage:
• If you fail to return the airplane you booked at the time and place agreed upon with the host and/or designated in your reservation
• If you do not return the airplane by the end of the reservation period and you have not properly obtained an extension of the reservation through the Services as set forth or you agreed to pay for your trip over time and the trip is shortened due to a payment method failure and you do not return the airplane
• If the airplane is returned to any place other than the return location on the reservation or agreed upon with the host. Any damage to, or loss or theft of, an airplane occurring prior to the host inspecting the airplane upon return at the end of the reservation is the pilot’s responsibility
• If you misrepresent facts to the host pertaining to booking, use, or operation of airplane
• If the airplane’s interior components, and the mandatory safety equipment, are stolen or damaged, or the airplane itself is stolen or damaged when the airplane is left unlocked or running or unattended with the keys not secured during reservation period
• If you fail or refuse to communicate in good faith with the host, police, AirplaneLocator, or other authorities with a full report of any accident or vandalism involving the airplane or otherwise fail to cooperate in the investigation of any accident or vandalism
• If the airplane is operated by anyone who has given a fictitious name, false address, false personal information or a false or invalid pilot’s license, whose pilot’s license becomes invalid during the reservation period, who has obtained the keys without permission of the host, or who misrepresents or withholds facts to/from the host or AirplaneLocator material to the booking, use, or operation of airplane The pilot who books the reservation is responsible for any private investigation costs either the host deems necessary to recover an airplane that is not returned. In addition, a $500 case administration fee will be imposed on the pilot if the host has to report an airplanecas stolen to law enforcement due to it not being returned.
Repossession. The host may repossess any airplane booked through the Services without demand, at the pilot’s expense, if the airplane is not returned by the end of the reservation, is found illegally parked, apparently abandoned, or used in violation of applicable law or these Terms.
Missing Airplane. If an airplane you have booked through the Services goes missing and/or is stolen during the reservation period (or extension period), you must immediately return the original airplane ignition key to the host, file a police report, contact the local FAA Flight Standards District Office (FSDO), or call the FAA Hotline who accepts reports immediately after discovering the airplane is missing or stolen, but in no event more than 12 hours after discovering it has gone missing, and cooperate fully with the host, law enforcement, AirplaneLocator, and other authorities in all matters related to the investigation. Additional Pilot Obligations.
The following obligations of pilots are in addition to all other pilot obligations in these Terms.
• Each pilot will render to each host from which the pilot rents one or more Airplane, and to any governmental agency that requires it, all reasonable assistance that the host requires in the course of any investigation of any accident, incident, or enforcement action.
• Each pilot will comply with the then-current terms in these Terms.
• Each pilot will pay for all rentals of airplanes through the Services and may not offer or give to any host any consideration with respect to any rental or other availability of any airplane other than through the Services.
• Non-Owned Aircraft Insurance. The pilot shall, at its sole cost and expense, maintain the following aviation insurance coverage at all times during which they operate or are in possession of the airplane:
▪ Non-Owned Aircraft Liability Insurance: A policy of non-owned aircraft liability insurance (commonly known as “aircraft renter’s insurance”) with minimum coverage of $250,000 per occurrence for bodily injury and property damage, and a minimum $25,000 hull damage liability sublimit, or such higher limits as may be required by the platform or Lessor.
▪ Coverage Scope: Such policy must provide coverage for the operation of single-engine fixed-wing aircraft of the make and model being leased.
▪ Additional Insured: The host and AirplaneLocator shall be named as additional insureds on the pilot’s policy with respect to claims arising from the pilots’s operation of the airplane.
▪ Proof of Insurance: The Pilot shall provide proof of insurance, including certificates of coverage and endorsements, prior to any use of an airplane and upon each renewal thereafter.
• Pilot Documentation. A host may, at the time at which the rental is to begin, and to the extent that the same are not already on file and available electronically with AirplaneLocator, require that the pilot show to the host the following documentation.
▪ Pilot certificate;
▪ Medical certificate.
▪ Current flight review;
▪ Endorsements necessary to operate the airplane (e.g. high-performance or complex endorsement);
▪ Proof of the required non-owned airplane insurance;
▪ Proof of currency of experience to carry passengers under FAR 61.57.
▪ Such other documentation as the host may reasonably request.
• Requirements for, and Restrictions on, Operations.
• Each pilot will at all times comply with all applicable law including, but not limited to, all FARs.
• The pilot renting the airplane must at all times serve as pilot in command of the rented airplane.
• The pilot renting the airplane must be the sole manipulator of the flight controls of the airplane during taxi, takeoff, landing, or below 1,500 AGL.
• No pilot may perform, or permit to be performed, any aerobatic maneuver or any spin in any rented airplane.
• No person other than the host’s authorized instructors may give instruction in any rented airplane.
• No pilot may intentionally land at any location that is not a charted airport.
• The pilot must follow any host policy with respect to airports at which the airplane may be landed (e.g. grass or other runway types), so long as that policy applies to all persons who rent airplane from the host.
• No pilot may permit skydiving or the dropping of any object from any rented airplane.
• No pilot may operate any rented airplane in formation with any other airplane.
• No pilot may hand-prop any rented airplane or permit any other person to hand-prop any rented airplane.
• Each pilot will cause all available seatbelts and shoulder harnesses in each airplane to be worn at all times, including times other than taxi, takeoff, and landing.
• No pilot may carry any passengers or cargo in any rented airplane for hire and no pilot may accept any consideration for any operation in any rented airplane in excess of the contribution that FAR § 61.113 permits a private pilot to receive.
• Each pilot must conduct a thorough preflight inspection of the rented airplane and immediately report any damage or squawks prior to starting the airplane.
• Each pilot must operate each rented airplane in a manner so as to land each time with fuel sufficient for at least one hour of operation at normal cruise power.
• When taxiing within 10 feet of any obstacle, the pilot must proceed at a pace not to exceed a slow walk until clear. During taxi, each pilot must maintain at least 50 feet behind light single- engine airplane, 100 feet behind light multiengine or light jet airplane, and 500 feet behind helicopters or heavy multiengine or heavy jet airplane.
• No pilot will operate any rental airplane unless the pilot complies in all material respect with the “I’M SAFE” checklist from the FAA Risk Management Handbook FAA-H-8083-2 (as updated from time to time).
• Each pilot will operate each Airplane according to the checklists for the Airplane as supplied by the manufacturer and/or the host.
• No pilot may operate any Airplane outside the airspace of the United States. Certain Representations, Warranties and Covenants Each pilot represents and warrants to AirplaneLocator and to each host from which the pilot rents one or more Airplane as follows.
▪ Each pilot represents and warrants to AirplaneLocator and to each host, on an ongoing and continuous basis, that all documentation and other information that the pilot provides to AirplaneLocator and/or to any host is true, current, and correct and contains no untrue statement of a material fact or to omits to state a material fact necessary in order to make the information provided by the pilot, in the light of the circumstances under which the information was given or presented, not misleading.
▪ Each pilot will immediately update any information provided to AirplaneLocator and to any host if the information about the pilot then in the possession of AirplaneLocator or the Host ceases to be current, accurate and/or true.
▪ Each pilot will report to AirplaneLocator and host any information that the pilot is required by the FARs to report to the FAA, including, but not limited to, changes of address (FAR § 63.21) and reports of facts involving alcohol or drugs (FAR § 61.15). Each pilot must accomplish such reporting at or before the time at which the pilot is required to report the same to the FAA.
▪ Each pilot represents and warrants to AirplaneLocator and to each Host that, at all times when the pilot operates any airplane, the pilot does not know or have reason to know of any medical condition of the pilot that:
o Would make the pilot unable to operate the Airplane in a safe manner; or o Would disqualify the pilot from receipt of, or exercise of the privileges of, the minimum FAA medical certificate, if any, that would be required to conduct the flight(s) contemplated.
Release, Assumption of Risk, Covenant Not to Sue and Indemnity
• Release. Each pilot hereby releases each of the AirplaneLocator Parties from any and all liability, claim, demand, or cause of action whatsoever arising out of, or related to, any damage, loss, or injury to the pilot or any passenger in any airplane, the pilot’s property, and/or the death of the pilot or any passenger associated in any way with the provision or operation of any airplane.
• Assumption of Risk. Each pilot represents and warrants that he or she knows and understands the scope, nature and extent of the risks involved in aviation and that some dangers cannot be foreseen. Each pilot represents and warrants that he or she understands that these risks include, but are not limited to, airplane or other equipment malfunction or failure to function, defective or negligent design or manufacture of airplane or other equipment, improper or negligent maintenance, improper or negligent operation or use of airplane or other equipment, carelessness or negligence of other pilots, instructors, ground crew, passengers, bystanders, operators of other airplane, and others, and improper or negligent instruction or supervision. Each pilot voluntarily, freely, and expressly chooses to incur all risks associated with the provision or operation of any airplane, understanding that those risks might include, or lead to, bodily and personal injury, damage to property, disfigurement, and/or death. Each pilot voluntarily and freely chooses to incur such risks and hereby takes responsibility for them.
• Covenant Not to Sue.
• Each pilot, for himself or herself and for any passengers in any airplane, agrees to never institute or pursue any claim, suit, or cause of action against any AirplaneLocator Parties, or initiate, or to assist in the prosecution of, any claim for damages or any other relief against any AirplaneLocator Parties, by reason of injury to his or her person or property, or his or her death, or by reason of injury to the person or property of any passenger, or the death of any passenger, arising out of, or related to, the operation of any airplane, regardless of whether caused by the negligence or fault, active or passive, of any AirplaneLocator Parties, or from any other cause.
• Each pilot, for himself or herself and for any passengers in any airplane, further agrees that any heirs, executors, administrators, personal representatives, or anyone else claiming directly or indirectly on behalf of the pilot or any passenger, may not institute or pursue any claim, suit, or cause of action against any AirplaneLocator Parties, or initiate, or assist in the prosecution of, any claim for damages or any other relief against any AirplaneLocator Parties, that any pilot or passenger or their heirs, executors, administrators, personal representatives, and/or anyone else claiming directly or indirectly on behalf of any pilot or passenger have (now or in the future) by reason of injury to the person or property of any of the foregoing, or the death of any of the foregoing, arising out of, or related to, the operation of any airplane, regardless of whether caused by the negligence or fault, either active or passive, of any AirplaneLocator Parties, or from any other cause. Each pilot, for himself or herself and for any passengers in any airplane, hereby so instruct the heirs, executors, administrators, and personal representatives of the foregoing, and anyone else claiming, directly or indirectly, on behalf of any of the foregoing. Should any such claim, suit, or cause of action be instituted against any AirplaneLocator Parties, each such AirplaneLocator Parties will be entitled to recover attorneys’ fees and costs incurred in the defense of such claim, suit, or cause of action.
• Indemnity. Each pilot shall indemnify, defend, and hold harmless the AirplaneLocator Parties from and against any and all losses, claims, actions, damages, fines, penalties, proceedings, costs, fees (including, but not limited to, attorneys’ fees and costs), and every other liability of every kind and character, that is presented, alleged, asserted, or initiated by a third party that arises out of, or is related to, directly or indirectly, pilot’s possession or operation of any airplane. Specific terms for hosts The following sections also apply if you share your airplane through the Services: Host commitments As a host, you commit that you will provide a safe and legally registered and insured airplane, with current airworthiness compliance, a clean (non-salvage/branded/written off) title, and in good mechanical condition. You will provide such airplane on time but only to a pilot who is listed on the Services as an Approved Pilot for the trip. It is required for you to verify a pilot’s required documentation including their FAA pilot’s license, Medical Certificate, Airplane Renter’s insurance and a Government Issued ID or US Passport. You agree not to use any pilot information made available to you by using the Services to collect additional personal data about pilot(s), including but not limited to conducting background checks. You commit that your listings will be complete and accurate and you will honor all representations made in your listings, including honoring the price quoted to a pilot. In the event of a airplane swap, you will not require a pilot to accept a higher priced airplane or force an unwanted airplane upgrade. You will not cancel a booking for the purpose of seeking a higher price from a pilot. You will not offer any airplane or optional Extra that you do not yourself own or have authority to share or that may not be shared for compensation pursuant to the terms and conditions of any agreement with a third party, including, but not limited to, a lease or financing agreement. If your airplane is subject to a lease, loan, or other financing agreement, you must confirm sharing your airplane on AirplaneLocator does not violate the terms of the contract with the lienholder. You will not offer any Extra that is not safe, clean, and acceptable for the use it is intended. You will not offer any airplane that is the subject of a missing or stolen airplane report. You will not offer any airplane that is the subject of an airworthiness directive without first properly addressing the matter subject to the directive. You will not offer an airplane that is not airworthy (i.e., not “legal to fly”) in the location where it is shared, and it will not have any illegal modifications to any part of the airplane. You will remove any firearms or other weapons from your airplane prior to providing it to a pilot. You will repay loans related to your AirplaneLocator business on time and in full. When you direct AirplaneLocator to retrieve your account information from third parties, you grant AirplaneLocator a limited power of attorney to access the third-party services to retrieve such account information; AirplaneLocator will be acting as your agent and will not be acting on behalf of the third party.
Airplane information given at listing; listing conditions When you sign up for AirplaneLocator, you will identify airplane(s) that you want to list for sharing through the Services. Each airplane must meet the requirements. You will provide the accurate serial number on the data plate (as required). You may only use the Services in connection with airplanes that you own or otherwise have all the necessary rights and permissions to share for compensation. If the airplane you list on the Services is enabled with a device or OEM technology capable of determining location of the airplane, collecting telematics data, disabling technology, or image capturing you agree to comply with the requirements for tracking and technology devices and applicable law. The following criteria are used for ‘relevance’ ranking of search results: a pilot’s search parameters; airplane location, details, price, delivery conditions, and relevance to a pilot’s search; your ratings and commitment rate, and the number of listings that meet the parameters of a pilot’s search. You cannot pay to have your listing rank higher and we do not offer sponsored listings.
Listing only on the Services Any airplane you list on the Services must be exclusively listed on the Services. You cannot list any airplanes you intend to share on the Services on any other airplane sharing marketplace. Failure to abide by this condition may result in fines, penalties, denial of physical damage claims, removal of the airplane from the Services, account closure, or other action, in AirplaneLocator’s sole discretion.
AirplaneLocator photography AirplaneLocator may offer hosts the option of having photographers take photographs of their airplanes and/or hosts with their airplanes (“Images”). You alone are responsible for using the Images in connection with your AirplaneLocator listing and you agree that you will cease using the Images if they no longer accurately represent your airplane. You agree that AirplaneLocator is the sole and exclusive owner - or exclusive licensee, as allowed by applicable law - of all right, title, and interest in all copyrights, trademark rights, and any and all other intellectual property rights, including right of publicity, worldwide, in the Images regardless of whether you include them in your listing, and you shall take no action to challenge or object to the validity of such rights or AirplaneLocator’s ownership or registration thereof. You acknowledge that AirplaneLocator may use the Images for advertising, marketing, commercial, and other business purposes in any media or platform, whether in relation to your listing or otherwise, without further notice or compensation. Further, you waive any and all rights to royalties or moral rights you may have in the Images. If you use the AirplaneLocator photography program, you agree that you will not use the Images in connection with sharing your airplane on any platform, website, or application other than AirplaneLocator. At AirplaneLocator’s request, you will execute documents and take such further acts as AirplaneLocator may reasonably request to assist AirplaneLocator to acquire, perfect, and maintain its intellectual property rights and other legal protection in the Images.
Airplane availability Once a trip is booked, you must make the airplane available at the desired pickup location of where the airplane is located as expected by the pilot. If the pilot picks up your airplane at a persistent specified location, you must supply the location of the airplane accurately to AirplaneLocator and ensure that the airplane is available at that location at the beginning of the reservation period. You must verify that a prospective pilot has the required, valid documents before you provide the pilot your airplane, and ensure the pilots documents matches the name on the reservation and that the person picking up the airplane appears to match the photograph on a facially valid government issued ID or U.S. Passport. Pricing, earnings, and payments You will have the ability to set and revise the airplane’s pricing as you choose. AirplaneLocator will pay you the amount collected from pilot that booked your airplane, less the applicable fees payable to AirplaneLocator. To the extent you owe AirplaneLocator or any third-party lender money for any reason, AirplaneLocator also reserves the right to deduct those amounts from your earnings payment, debit your bank account, charge any of your payment methods on file, and/or send you an invoice.
Payment Processing. In some countries, payment processing services are provided by Stripe and subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement (collectively, the "Stripe Terms"). In countries where you receive payment proceeds via Stripe, you agree to be bound by the Stripe Terms, which may be modified from time to time. You also agree that AirplaneLocator is not liable in cases where Stripe processes a payment late or makes a mistake relating to a payment or a payment hold. As a condition of AirplaneLocator enabling payment processing services through Stripe, you authorize AirplaneLocator to obtain all necessary access and perform all necessary activity on your Stripe Connected Account to facilitate sharing of your airplane(s). You further agree to provide accurate, complete, and updated information about you to AirplaneLocator and Stripe. You acknowledge that AirplaneLocator and Stripe are unrelated entities. You are responsible for separately updating AirplaneLocator and Stripe when there are material changes to the information you have previously provided (e.g., business name, tax information, contact information). You authorize AirplaneLocator to share such information and transaction information with Stripe for the purposes of facilitating the payment processing services provided by Stripe. AirplaneLocator reserves the right to switch payment processing vendors at its discretion.
Maintenance You are required to regularly check your airplane for any defects in its operations or safety. You promise that, at all times, your airplane will be in safe and airworthy condition, in good mechanical condition, and in full compliance with all applicable inspections and registration requirements, including any required safety inspections. You will only list airplanes with a clean, non-salvaged, non-written off, non-washed, and non-branded title. You agree to respond to any applicable airworthiness directives or similar safety notices and to complete any recommended action before allowing your airplane to be booked. In addition, if AirplaneLocator believes that your airplane does not conform to reasonable standards, including maintenance standards, AirplaneLocator may notify you and reserves the right to remove or decline listing your airplane until its concerns have been resolved. AirplaneLocator may, but does not commit to, undertake efforts to ensure the safety of airplanes booked through the Services.
Reporting airplane damage If you believe that a pilot has caused any damage to your airplane, you are required to report that damage as soon as you become aware of it and to provide reasonable cooperation in the investigation of the damage so that it can be eligible for coverage. Based on the investigation, third-party claims administrators will reasonably determine whether the damage occurred during the reservation period and is eligible for coverage. If it was, you may be reimbursed for the loss as described under the terms of the policies with your third-party insurance company. If such third-party claims administrator is not given prompt notice as described in this paragraph, or if you do not provide reasonable cooperation in the investigation by such third-party claims administrators, such third-party claims administrator may not be able to determine the cause. In that case, you agree that we may decline to assist you with any reimbursement or coverage for such damage. As described in the section titled “Other legal matters” and the subsection titled “Insurance” therein above, AirplaneLocator is not an insurance company and does not insure hosts or pilots. Each pilot and host must obtain and carry insurance regarding the ownership and/or operation of the airplane, as applicable, and as further described in these Terms. Further, it is the responsibility of each such Party (i.e., a pilot or host) to verify the other Party’s insurance coverage is in place, compliant with these Terms and adequate to support the use/rental arrangement between the Parties. In addition, any claims relating to any losses or damages suffered by a Party shall be made specifically with the applicable insurance company (or companies) of the Parties, and/or against the other Party, and not against AirplaneLocator (and/or its insurance providers). AirplaneLocator hereby disclaims all involvement in and responsibility for any claims whatsoever, and of any nature, and for any and all losses and/or damages of, by, or between the Parties. Physical damage to your airplane Host-specific insurance matters. You will maintain valid and up to date registration information and proof of insurance in any airplane you share on the Services. You must maintain at your sole cost and expense and in full force and effect your own airplane insurance policy for any airplane you list on the Services and such policy must meet the following insurance coverage:
o Hull Insurance: Aircraft physical damage (hull) insurance with coverage equal to the fair market value of the airplane, naming the host as the sole loss payee.
o Liability Insurance: Aircraft liability insurance with limits of not less than $1,000,000 per occurrence and $100,000 per passenger, or higher as may be required by applicable law or AirplaneLocator in its sole discretion. o Commercial Renter Endorsement: Such liability policy shall include a commercial renter’s endorsement authorizing the airplane to be leased to qualified third-party pilots under dry lease arrangements.
o Additional Insured: The policy shall name the pilot-lessee and AirplaneLocator as additional insureds, but only with respect to liability arising out of the pilot’s operation of the airplane under this Agreement. o Waiver of Subrogation: The policy shall include a waiver of subrogation against the pilot-lessee for covered losses unless caused by gross negligence or willful misconduct.
Host shall provide pilot with a certificate of insurance evidencing the above coverage prior to any use of the host’s airplane.
You agree to provide AirplaneLocator with information regarding your airplane insurance policy as may be requested and to keep such information up to date.
Missing airplane If your airplane goes missing, is not returned, and/or is stolen during the reservation period (or extension period), you, as the host, must immediately contact the police, and any other authorities in all related to the investigation of the theft. If you are instructed by AirplaneLocator to file a police report, you must do so within 24 hours of receiving those instructions.
Indemnification by host In the event of any claim for a loss, injury that occurs during the use of your airplane by a pilot, AirplaneLocator will not defend or be subject to any legal responsibilities whatsoever. All claims for loss, injury and/or damages suffered by you as a host shall be made against the applicable pilot, and you hereby indemnify the AirplaneLocator Parties from the same.
Additional Host Obligations The following obligations of hosts are in addition to all other host obligations in these Terms.
• Each host may, in the host’s sole discretion, refuse to rent any airplane to any pilot for any reason or no reason and may do so at any time prior to the time at which the pilot starts the engine of the subject airplane.
• When a pilot has reserved an airplane, the host will make available the airplane to the reserving pilot at the pricing, and on the other terms and conditions, that the host listed for the airplane at the time at which the reservation was made, regardless of whether such information, terms, or conditions contains errors or omissions caused by the host or any agent of the host.
• Each host will render to each pilot who rents one or more airplanes from the host, and to any governmental agency that requires it, all reasonable assistance that the pilot requires in the course of any investigation of any accident, incident, or enforcement action.
• Each host will accept payment for all rentals of Airplane through the Services and may not collect or solicit from any pilot any consideration with respect to any rental or other availability of any Airplane other than through the Services.
• Each host will comply with the then-current terms in these Terms.
Certain Representations, Warranties and Covenants Each host represents and warrants to AirplaneLocator and to each pilot who rents one or more Airplane from host as follows.
▪ Each host represents and warrants to AirplaneLocator and to each pilot that the description of each airplane offered through the Services is correct in all material respects.
▪ Each host represents and warrants to AirplaneLocator and to each pilot who rents an airplane from the host that, at the time at which the host tenders the airplane to the pilot, the host has fulfilled all obligations of the owner of an airplane under Subpart E of FAR § 91 (FAR §§ 91.401 to 91.499) and that the airplane will be airworthy.
▪ Each host will cause each airplane that it offers for rent to a pilot to have on board, at the time at which host tenders the airplane to the pilot, all documents, markings, placards, manuals, and information required by law in order to operate the airplane, including, but not limited to, those required by FAR §§ 91.9, 91.203, and 23.1589.
▪ EACH HOST MAKES TO EACH PILOT WITH RESPECT TO EACH AIRPLANE ONLY THE EXPRESS WARRANTIES STATED IN THIS AGREEMENT. EACH HOST DISCLAIMS ALL IMPLIED WARRANTIES WITH RESPECT TO EACH AIRPLANE, WHETHER ARISING UNDER ARTICLE 2B OF THE UNIFORM COMMERCIAL CODE OR OTHERWISE, AND, WITHOUT LIMITING THE FOREGOING, EACH HOST EXPRESSLY DISCLAIMS ANY WARRANTYOF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Release and Covenant Not to Sue
• Release. Each host hereby releases each of the AirplaneLocator Parties from any and all liability, claim, demand, or cause of action whatsoever arising out of, or related to, any damage, loss, or injury to the pilot or any passenger in any airplane, the pilot’s property, and/or the death of the pilot or any passenger associated in any way with the provision or operation of any airplan.
• Covenant Not to Sue.
• Each host, for himself or herself, agrees to never institute or pursue any claim, suit, or cause of action against any AirplaneLocator Parties, or initiate, or to assist in the prosecution of, any claim for damages or any other relief against any AirplaneLocator Parties, by reason of injury to any person or property, or by reason of injury to the person or property of any passenger, or the death of any passenger, arising out of, or related to, the operation of any airplane.
• Each host, for himself or herself, further agrees that any heirs, executors, administrators, personal representatives, or anyone else claiming directly or indirectly on behalf of the host, may not institute or pursue any claim, suit, or cause of action against any AirplaneLocator Parties, or initiate, or assist in the prosecution of, any claim for damages or any other relief against any AirplaneLocator Parties, that any host or his or her heirs, executors, administrators, personal representatives, and/or anyone else claiming directly or indirectly on behalf of any host have (now or in the future) by reason of injury to the person or property of any of the foregoing, or the death of any of the foregoing, arising out of, or related to, the operation of any airplane. Each host, for himself or herself, hereby so instruct the heirs, executors, administrators, and personal representatives of the foregoing, and anyone else claiming, directly or indirectly, on behalf of any of the foregoing. Should any such claim, suit, or cause of action be instituted against any AirplaneLocator Parties, each such AirplaneLocator Parties will be entitled to recover attorneys’ fees and costs incurred in the defense of such claim, suit, or cause of action.
Dispute resolution Dispute resolution for hosts and pilots residing in the United States PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS A MANDATORY ARBITRATION PROVISION AND THEREFORE AFFECTS YOUR RIGHTS AND GOVERNS HOW CLAIMS YOU AND AIRPLANELOCATOR HAVE AGAINST EACH OTHER ARE RESOLVED.
Subject to applicable law, the Parties agree that any disputes or claims between us relating in any way to, or arising out of, this or previous versions of these Terms, your use of or access to the Services, or any breach, enforcement, or termination of the Agreement will be resolved in accordance with the provisions set forth in this Dispute resolution for hosts and pilots residing in the United States section. Pre-arbitration dispute resolution. Should a dispute or claim arise between us, you and AirplaneLocator agree to notify the other Party of the nature of the dispute or claim prior to initiating arbitration, and the Parties will attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact us by email at contactus@airplanelocator.com. Please provide your name, phone number, email, mailing address, and briefly describe both the nature of your dispute and the relief you would like from AirplaneLocator. If the Parties are unable to resolve the claims described in the notice within 30 days after the notice is sent, then the Party intending to pursue arbitration agrees to notify the other Party via email prior to initiating the arbitration. The arbitration procedures are set forth below. In order to initiate arbitration, a claim must be filed with FairClaims. In the event FairClaims declines or is unable to adjudicate the claim, then a claim must be filed with the American Arbitration Association (“AAA”) as set forth below. A form for initiating arbitration proceedings is available on the FairClaims website or AAA's website. (AAA provides a Demand for Arbitration form.) Any settlement offer made by you or AirplaneLocator shall not be disclosed to the arbitrator.
Applicable law. The below Agreement to Arbitrate evidences a transaction involving Federal Aviation Administration (FAA) and is therefore governed by the Federal Arbitration Act and the applicable arbitration and procedural rules of FairClaims (or AAA, if FairClaims declines to or is unable to adjudicate the claim). (See "Arbitration procedures" below). To the extent state law is applicable to the Agreement to Arbitrate, the Parties agree that the substantive law the State of Texas will apply, without regard to its conflict of law provisions.
Agreement to Arbitrate. The Parties each agree that any and all disputes, claims, or controversies that have arisen or may arise at any time between you and AirplaneLocator (including its respective subsidiaries, employees, officers, directors, agents, third-party insurance brokers or products, and third-party claims administrators) and/or any other AirplaneLocator user will be resolved by binding arbitration according to the procedure set forth below. For the purpose of this Agreement to Arbitrate, “disputes," "claims,” and "controversies" shall have the broadest possible meaning that will be enforced and includes, any and all disputes and/or claims that arise out of or in any way relate to your relationship with AirplaneLocator, including but not limited to: (1) your use of the Services, (2) the Agreement, these Terms and/or this Agreement to Arbitrate, including the interpretation, validity, enforceability, or scope of this Agreement to Arbitrate, or (3) your use of, or access to the Services, and anything sold, offered, or purchased through the Services (such as booking, listing, or sharing an airplane). Through this Agreement to Arbitrate, and subject to the below exceptions, the Parties intend to arbitrate all disputes or claims regardless of whether they are based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory and regardless of whether they arose or accrued before the Parties entered into this Agreement to Arbitrate. For avoidance of doubt, the Parties expressly agree that this Agreement to Arbitrate encompasses all disputes or claims pertaining to the validity, enforceability, or scope of this Agreement to Arbitrate and any such disputes or claims will be referred to binding arbitration and will be resolved by the arbitrator and not a court.
Exceptions to Agreement to Arbitrate The only exceptions to this Agreement to Arbitrate are as follows:
• Disputes or claims that can be brought in small claims court
• Injunctive or equitable relief to prevent the actual or threatened infringement, misappropriation, or violation of a Party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. However, the Parties agree that any court proceedings shall be stayed pending the final resolution in arbitration of any arbitrable claims or issues
• Any cause of action or claim for relief which cannot be arbitrated as a matter of applicable statute or public policy. However, the Parties agree that any such court proceedings shall be stayed pending the final resolution in arbitration of any arbitrable claims or issues
• In the event California law is found to apply to this Agreement to Arbitrate, any remedy of public injunctive relief (i.e., injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the general public). However, the Parties agree that any such court proceedings shall be stayed pending the final resolution in arbitration of arbitrable claims, causes of action, or issues Arbitration procedures. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. An arbitrator can award the same damages and relief on an individual basis that a court can award to an individual.
The arbitration will be conducted by FairClaims in accordance with its arbitration rules and procedures effective at the time a claim is made. Where the relief sought is $25,000 or less (not including attorneys' fees and expenses), those arbitration rules and procedures may limit the proceeding to a written submission and, if requested or at the arbitrator’s discretion, there may be a live hearing by teleconference or videoconference. Where the relief sought is $25,001 or more (not including attorneys’ fees and expenses), those arbitration rules and procedures may provide for limited discovery and streamlined proceedings. In the event FairClaims declines to or is unable to adjudicate the claim, the arbitration will be conducted by the AAA under applicable rules and procedures, as modified by this Agreement to Arbitrate.
In all cases in which a live hearing is requested or required, you and/or AirplaneLocator may attend by video or phone. To the extent a location must be established for the arbitration, it shall be held in the county in which you reside or at another mutually agreed location.
The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users but is bound by rulings in prior arbitrations involving the same AirplaneLocator user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Where permitted, the Parties agree that all communications, evidence, and rulings in the arbitration will remain confidential, except as reasonably necessary to enforce or implement such rulings or this Agreement to Arbitrate.
Costs of arbitration. If you initiate arbitration proceedings, you will be responsible for all costs relating to same. Where the relief sought is $25,000 or less (not including attorneys’ fees and expenses), you will be responsible to cover any fees or costs. Where the relief sought is $25,001 or more (not including attorneys’ fees and expenses), each of host, pilot, and AirplaneLocator will pay their own arbitration fees consistent with the applicable arbitration rules and procedures at the time the claim was made, unless otherwise stated in these Terms.
Severability. With the exception of the provisions in the below section “Prohibition of class and representative actions and non-individualized relief,” if an arbitrator or court decides that any part of the Agreement to Arbitrate is invalid or unenforceable, the other parts of the Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in the section “Prohibition of class and representative actions and nonindividualized relief” is invalid or unenforceable, then the entirety of the Agreement to Arbitrate shall be null and void. The remainder of the Agreement, these Terms, and dispute resolution section will continue to apply.
Right to opt-out of arbitration; procedure. IF YOU ARE A NEW AIRPLANELOCATOR USER, YOU CAN CHOOSE TO OPT-OUT OF THE AGREEMENT TO ARBITRATE BY EMAILING US AN OPT-OUT NOTICE TO ARBITRATIONOPTOUT@AIRPLANELOCATOR.COM ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE RECEIVED WITHIN 30 DAYS AFTER THE DATE YOU ACCEPT THESE TERMS FOR THE FIRST TIME OR BEFORE THE COMMENCEMENT OF YOUR FIRST TRIP ON AIRPLANELOCATOR AS A PILOT OR HOST, WHICHEVER DATE IS EARLIEST. In order to opt-out, you must email your full name, address (including street address, city, state, and zip/postal code), and email address(es) associated with your AirplaneLocator Account to arbitrationoptout@AirplaneLocator.com. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other provisions of the Agreement will continue to apply to you, including the below forum selection clause specifying Dallas, Texas.
Future amendments to the Agreement to Arbitrate. Notwithstanding any provision in these Terms to the contrary, the Parties agree that if AirplaneLocator makes any amendment to the Agreement to Arbitrate in the future, that amendment shall not apply to any claim that you filed against AirplaneLocator prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between the Parties. If you do not agree to the amended terms, you may close your account within 30 days of our posting or notification and you will not be bound by the amended terms; provided that the Parties will arbitrate any dispute in accordance with the provisions of the Agreement to Arbitrate as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms). Once you have submitted a valid Opt-Out Notice to AirplaneLocator, you do NOT need to submit another one when these Terms are subsequently updated. Your first Opt-Out Notice will serve as a valid as to future versions of these Terms. Judicial forum for legal disputes not subject to arbitration. Unless the Parties agree otherwise, in the event that the Agreement to Arbitrate is found not to apply to you or to a particular claim or dispute, whether (1) as a result of your decision to opt out of the Agreement to Arbitrate, (2) as a result of a decision by the arbitrator or a court order, or (3) if one of the above exceptions to the Agreement to Arbitrate applies, you agree that any claim or dispute that has arisen or may arise between the Parties will be resolved exclusively by a state, federal, or small claims court located in Dallas, Texas. The Parties agree to submit to the personal jurisdiction of a state court located in Dallas County, Dallas, Texas or a United States District Court located in Dallas, Texas. The Parties agree that the substantive law of the state of Texas will apply to any such claim or dispute without regard to conflict of law provisions.
Waiver of Jury Trial. EACH OF THE PARTIES ACKNOWLEDGES THAT THE RIGHT TO A TRIAL BY JURY IS A CONSTITUTIONAL RIGHT, BUT THAT THAT RIGHT MAY BE WAIVED. EACH PARTY IRREVOCABLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY MATTER ARISING OUT OF, OR RELATING TO, THE AGREEMENT AND/OR THESE TERMS.
Prohibition of class and representative actions and non-individualized relief. THE PARTIES AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, WHETHER IN COURT OR ARBITRATION. UNLESS THE PARTIES AGREE OTHERWISE, THE COURT OR ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE COURT OR ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS, SUBJECT TO THE ABOVE EXCEPTION ALLOWING PUBLIC INJUNCTIVE RELIEF TO BE SOUGHT IN COURT BUT ONLY IF THAT EXCEPTION IS FOUND TO APPLY.
Governing law. The parties agree that the substantive laws of the state of Texas apply to these Terms and the Agreement without regard to conflict of law provisions, except where the matter is a consumer arbitration with claims arising in California, in which case the substantive laws of the state of California apply.
General provisions Termination You may discontinue your use of the Services at any time and AirplaneLocator may terminate your access to the Services and remove any listings for any reason or no reason to the extent permissible under applicable law. Termination of access to the Services will not release a Party from any obligations it incurred prior to the termination and AirplaneLocator may retain and continue to use any information, including but not limited to photography, previously provided by you. Termination of the Agreement will not have any effect on the disclaimers, waiver or liability limitations, or legal disputes provisions under the Agreement and/or any fees due, and all of those terms will survive any termination of the Agreement.
No airplane transfer or assignment Except as otherwise provided herein, pilot and hosts agree that nothing in these Terms constitutes an actual or purported transfer or assignment of any right or interest in an airplane or optional Extras shared through the Services.
Disclaimers AIRPLANELOCATOR PROVIDES SERVICES THAT ENABLE THE SHARING OF AIRPLANE AND OPTIONAL EXTRAS BETWEEN HOSTS AND PILOTS. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, AIRPLANELOCATOR DOES NOT ITSELF PROVIDE AIRPLANE SHARING, RENTAL SERVICES, AND/OR INSURANCE SERVICES AND IS NOT RESPONSIBLE FOR ANY OF THE ACTS OR OMISSIONS OF ANY OF THE USERS OF ITS SERVICES, THE MANUFACTURER OF THE AIRPLANE OR ANY OPTIONAL EXTRAS, OR ANY THIRD-PARTY PROVIDER OF SERVICES (E.G. IN-AIRPLANE GPS OR OTHER SYSTEMS). THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT LIMITING THE FOREGOING, AIRPLANELOCATOR EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. AirplaneLocator makes no warranty that the Services, including, but not limited to, the listing and/or any airplane or optional Extra, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. AirplaneLocator makes no warranty regarding the quality of any listings, airplanes, hosts, pilots, Extras, the Services, or any content or the accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the Services. No advice or information, whether oral or written, obtained from AirplaneLocator, or its service providers or through the Services or content, will create any warranty not expressly made herein.
Each Party acknowledges that:
• Neither AirplaneLocator nor the AirplaneLocator Parties vets, qualifies, approves, certifies, or vouches for any pilot, airplane, operation, good, service, or software;
• No oral and practical demonstration of knowledge and skills associated with the operation of one or more airplanes as then required and/or accepted by AirplaneLocator, completion of any particular prerequisite, or acceptance by AirplaneLocator or the AirplaneLocator Parties of any particular qualification or achievement is intended to be a representation, warranty, or assurance by any AirplaneLocator Parties of the skill, qualifications, or competence of any person;
• AirplaneLocator operates the Services and otherwise conducts its business solely as a networking service that makes available information about Parties and airplanes to other Parties and to the public;
• AirplaneLocator would not offer or make available the Services or any other good, service, or software – or would not make the same available at the same pricing – without the limitations on liability that are contained in the Agreement and these Terms. Limitation of liability and waiver EXCEPT WHERE PROHIBITED BY LAW, YOU WAIVE AND DISCHARGE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST AIRPLANELOCATOR AND ANY OF ITS SUBSIDIARIES, DIRECTORS, MEMBERS, MANAGERS, OFFICERS, AGENTS (INCLUDING THIRD-PARTY ADMINISTRATORS, INSURANCE PRODUCERS, AND INSURANCE PROVIDERS), AND/OR EMPLOYEES (TOGETHER, THE “AIRPLANELOCATOR PARTIES”) AND ANY AIRPLANELOCATOR USER FOR ANY DAMAGES OR LOSSES, WHETHER DUE TO NEGLIGENCE OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE FOLLOWING: (1) AIRPLANE AVAILABILITY (E.G., AN AIRPLANE NOT BEING AVAILABLE OR RETURNED WHEN IT WAS SUPPOSED TO BE), (2) PROBLEMS WITH AN AIRPLANE (E.G., ANY MALFUNCTION OF OR DEFICIENCY WITH AN AIRPLANE), (3) AIRPLANE WARRANTY ISSUES (E.G., ANY BREACH OF WARRANTY OR OTHER OBLIGATION BY ANY MANUFACTURER OR OTHER THIRD PARTY ASSOCIATED WITH THE AIRPLANE), (4) THE LEGAL OR LICENSE STATUS OF AN AIRPLANE, HOST, OR PILOT, (5) THIRD PARTY ASSESSMENTS OF A AIRPLANE’S VALUE, (6) ANY ACTION OR INACTION OF A HOST OR PILOT, (7) YOUR USE OF THE SERVICES, AND/OR (8) YOUR INTERACTION, ENGAGEMENT OR CONTRACTUAL ARRANGEMENTS WITH ANOTHER PARTY.
YOU AGREE THAT NEITHER AIRPLANELOCATOR NOR ANY OTHER PARTY (INCLUDING THE AIRPLANELOCATOR PARTIES) INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, DATA, OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR CONNECTION WITH THE FOLLOWING: (1) THE AGREEMENT, (2) THE SERVICES (INCLUDING LISTING OR BOOKING OF ANY AIRPLANE OR OPTIONAL EXTRA VIA THE SERVICES), OR (3) INABILITY TO USE THE SERVICES. Except for our obligations to pay amounts to applicable hosts or pilots pursuant to these Terms, in no event will the AirplaneLocator’s Parties' aggregate liability arising out of or in connection with the Agreement or your use of the Services, exceed the greater of (1) the amounts you have paid or owe for bookings via the Services as a pilot in the twelve month period prior to the event giving rise to the liability, or if you are a host, the amount earned by you in the 12 month period prior to the event giving rise to the liability, or (2) US$100.
YOU WAIVE CALIFORNIA CIVIL CODE §1542, OR ANY SIMILAR LAW, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
THE ABOVE LIMITATIONS OF LIABILITY AND WAIVER PROVISIONS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN AIRPLANELOCATOR AND YOU. THEY SHALL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND ANY ASPECTS OF THEM THAT ARE DEEMED VOID OR UNENFORCEABLE SHALL BE SEVERED WHILE LEAVING THE REMAINDER IN EFFECT.
THE LIMITATIONS OF LIABILITY UNDER THESE TERMS APPLY NOTWITHSTANDING THAT ANY PERSON OR PARTY KNOWS, OR HAS REASON TO KNOW, OF A PARTICULAR KIND OF DAMAGES AND NOTWITHSTANDING THAT ANY LIMITATION CAUSES ANY REMEDY TO FAIL OF ITS ESSENTIAL PURPOSE.
Liquidated damages You acknowledge that the actual damages likely to result from your breaches of the Agreement by any of the following are difficult to estimate accurately and would be difficult for AirplaneLocator to prove with certainty: (1) engaging in gray market transactions, as defined in these Terms, (2) using the AirplaneLocator domains, trademarks, or taglines without AirplaneLocator’s express consent, including without limitation registering website domains or social media handles, or bidding on online advertising key words, (3) suing or asserting legal claims against the AirplaneLocator Parties or a AirplaneLocator user in any manner prohibited or waived herein, (4) as a host, sharing your airplane via the Services with expired registration or without current registration paperwork in the airplane, (5) as a host, offering any airplane that is the subject of a missing or stolen airplane report, (6) as a host, offering any airplane or releasing an airplane to a pilot that is not airworthy or is otherwise in an unsafe condition, (7) as a host, cancel or modify a trip to manipulate the price or potential earnings for an airplane, or (8) creating or using an AirplaneLocator account that has the effect of circumventing AirplaneLocator’s suspension, termination, or closure of another AirplaneLocator account. You will pay AirplaneLocator $5,500 per breach in Liquidated Damages to compensate AirplaneLocator for any such conduct by you and/or your agents identified in the immediately preceding items (1) through (8). This amount is not intended as a punishment for any such breach, but rather as a reasonable estimate where actual damages are difficult to estimate accurately and/or prove with certainty. This liquidated damages provision is a fundamental element of the basis of the bargain between AirplaneLocator and you. It shall apply to the extent permitted by applicable law, and any aspects of it that are deemed unenforceable shall be severed while leaving the remainder in effect. Indemnity Each Party will indemnify, defend, and hold harmless the AirplaneLocator Parties from and against any and all: a) breaches of its representations, warranties, commitments, covenants and/or obligations under these Terms and the Agreement, b) breaches of another Party’s representations, warranties, commitments, covenants and/or obligations under these Terms and the Agreement resulting in losses, damages, and every other liability of every kind and character suffered by a Party, and c) losses, claims, actions, damages, fines, penalties, proceedings, costs, fees (including, but not limited to, attorneys’ fees and costs), and every other liability of every kind and character, that is presented, alleged, asserted, or initiated by any other Party or any third party that arises out of, or is related to, directly or indirectly, the provision, possession, or operation by the indemnifying Party of any airplane and/or the Party’s use of the Services and/or participation in the activities contemplated by these Terms.
Remedies/Set-off AirplaneLocator’s Remedies are Cumulative. The remedies available to AirplaneLocator and the other AirplaneLocator Parties under the Agreement and these Terms, or at law or in equity, are cumulative. No pursuit by AirplaneLocator or the AirplaneLocator Parties of a particular remedy will be considered an exclusive election of remedies or limit any right of AirplaneLocator or the AirplaneLocator Parties to pursue any other remedy. AirplaneLocator may set off from any amount that AirplaneLocator owes to any Party any amount that the Participant owes to AirplaneLocator.
Not a rental airplane company; no airplane leasing AirplaneLocator is not a rental airplane company. It does not own a fleet of airplanes and is not in the business of renting airplanes to the public. AirplaneLocator also is not providing short- or long-term airplane leases. AirplaneLocator provides an online platform where airplane owners and those in need of an airplane can meet and share airplanes amongst themselves subject to these Terms.
Rounding off; currency AirplaneLocator may, in its sole discretion, round up or down amounts that are payable from or to hosts or guests to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro, pound, or other supported currency) unless explicitly prohibited under applicable law. The currency displayed on the Services is based on the search location, airplane location, and/or host location.
Contact us AirplaneLocator can be contacted in the United States at the contact information indicated within the Services.
If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Consumer Information Center of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 1-800-952-5210.
Translations Where AirplaneLocator has provided you with a translation of the English language version of these Terms or any Policies, in case of any wording discrepancies between the English and any other versions of the Terms and any Policies, the English language wording takes precedence.
Severability and non-waiver In the event any provision of these Terms is held to be void, voidable, or unenforceable, the remaining provisions shall remain in full force and effect. The failure of any Party to enforce any provision of these Terms shall not be construed to be a waiver of such provision, or any other provision, nor in any way to affect the validity of these Terms or any part of these Terms, or any right of any Party to enforce that provision or each and every other provision at any time. No waiver of any breach of these Terms shall constitute or be deemed a waiver of any other breach.
General AirplaneLocator does not appoint you or any other user as its employee, mandatory, legal agent, or form any kind of legal partnership or joint venture. You are not authorized to make any commitments on behalf of AirplaneLocator and AirplaneLocator will not make commitments on your behalf, except as contemplated by the Services or expressly stated in these Terms.
The Agreement, including these Terms, states the entire understanding between you and AirplaneLocator concerning your access to and use of the Services and supersedes any earlier verbal or written communications between us. With the exception of appointing a custodian to manage your airplanes on your behalf, you may not delegate your legal obligations or transfer any of your rights, in whole or in part, to any third party without advance written consent of AirplaneLocator. You will remain responsible for your obligations hereunder in any event. An AirplaneLocator director or officer must agree to any modification or waiver of any term of the Agreement in writing. Headings are for reference purposes only and do not limit the scope or extent of such section.