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Travel Agent Terms and Conditions

OWNERSHIP

The content and information on the Website (including, without limitation, price, and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to OneAir AI and/or the airlines (‘Airlines’) whose tickets are being sold. Accordingly, as a condition of using the Website, you agree not to use the Website, its contents, or information for any purpose other than for selling Airline tickets and related travel services which will be booked through the Website or otherwise through us. You may make copies of travel itineraries (and related documents) for travel purchased through the Website, provided that you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Website other than for the purposes specified above. In addition, whether or not your purpose is commercial, you agree not to:

 

(I) Access, monitor or copy any content or information from the Website using any robot, spider, scraper, or other automated means or any manual process for any purpose without express written permission of OneAir AI;

 

(II) Violate the restrictions in any robot exclusion headers on the Website or bypass or circumvent other measures employed to prevent or limit access to the Website;

 

(III) Take any action that imposes, or may impose, in the discretion of OneAir AI, an unreasonable or disproportionately large load on the OneAir AI infrastructure; or

 

(IV) Deep-link to any portion of the Website (including, without limitation, the purchase path for any travel services) for any purpose without express written permission of OneAir AI

USE OF SITE

You may only use the Website if you have registered and been approved by OneAir AI. You are responsible for maintaining the secrecy of your passwords, login, and account information. Each of your employees/agents who use the Website MUST have their own, separately identifiable user/login name and must use such user/login name each time he/she uses the Website. Neither you nor any of your employees shall provide passwords and/or login information to anyone who is not your direct employee and working exclusively on your behalf. You will be financially responsible for all uses of the Website by you and anyone using your password and login information, and you agree to promptly pay for all such uses, including but not limited to all charges made and fees/commissions charged by/due to OneAir AI.

 

You may only use the Website to make legitimate reservations or purchases. We may, at any time and without advance notice or liability, terminate or restrict your access to all or any component of the Website or the other booking services offered by OneAir AI We will use reasonable commercial efforts to keep our site available on a 24-hour/7-day-a-week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance, and system outages. Your access to the Website may not be uninterrupted or available at all times. For all published, non-commissionable fares booked through the Website, OneAir AI will charge a flat rate service fee which will be shown before your final purchase or reservation decision. Any such service fee is non-refundable.

ONLINE TRAVEL AGENCY DISCLOSURE

You must disclose to OneAir AI, upon your registration submission if you have any other online presence with any airline quoting and/or booking facilities (including your own website), and if so, you must provide OneAir AI, with the website address. If you, your travel agency, or any other travel agents affiliated with you maintain an online booking presence (irrespective of the volume and percentage of sales) and fail to disclose the same, you will be subject to a minimum penalty of $5,000.00 in addition to all other damages which may be incurred by either OneAir and/or the airlines.

 

If your registration is accepted and approved, you agree as follows:

 

(I) If you maintain an online distribution website or other online quoting or booking presence, OneAir AI will not extend GDS bridge access or other content sharing to you. In this case, you may still access and purchase airfares at OneAir AI’s rates but all bookings and reservations made by you will need to be made exclusively through OneAir AI’s ‘WINGS’ booking platform or directly with our staff:

 

(II) Whether or not you maintain an online distribution website or other online quoting or booking presence, and unless you receive specific instructions from OneAir AI on a specific individual airline policy, you are STRICTLY PROHIBITED from copying, posting, displaying, or distributing OneAir AI’s fares/pricing, any airlines’ logos and/or route information or any other airline content or information obtained from the website or GDS. This includes but is not limited to your travel agency’s website, Facebook, LinkedIn, messaging platform, or other online web pages. You are permitted to advertise with statements such as ‘for great deals on ________ airfare, call us to discuss!’ but specific pricing, routes, and/or logos obtained from OneAir AI may not be posted or otherwise shown on such online distribution website or other online quoting or booking presence. Please note that OneAir AI, as well as its agents, are restricted from doing the above, so violating this provision may cause OneAir AI to incur extensive damages.

 

In the event of a violation of the terms expressed herein, in addition to all other legally permissible remedies, you further agree and acknowledge as follows:

 

(I) OneAir AI maintains a zero-tolerance policy for any agent or agency that willfully violates any carrier’s booking and/or display policies (including, but not limited to the restrictions set forth above);

 

(II) OneAir AI will immediately terminate any previously granted GDS bridge access.

 

(III) You will be liable for all damages incurred by OneAir AI, including, but not limited to, a monetary fee of no less than USD 5,000.00, which may be withheld from your deposit, bank guarantee, proceeds due to you from existing transactions, or from any other funds to which you may be entitled.

SCANS/SEARCHES

You are permitted to make a certain number of scans/searches without charge, the number of which increases with the amount of bookings made on the Website. We reserve the right to charge not more than $0.005 per scan for excessive scans without bookings. We define excessive as more than 500 scans per booking. You will not be charged such amount without receiving prior notification. In addition, your services may be suspended for making excessive scans without bookings, at which time you must contact OneAir AI prior to being permitted to log in to the Website.

ACCURACY

We will use every effort to ensure fares are accurate, but we reserve the right to deny any fare which may have been incorrectly posted. We are not responsible for incorrect fares displayed on this Website.

WARRANTY DISCLAIMER

WE MAKE NO WARRANTY OF ANY KIND REGARDING THIS WEBSITE AND/OR ANY CONTENT, DATA, MATERIALS, INFORMATION, PRODUCTS, OR SERVICES PROVIDED ON THE WEBSITE, ALL OF WHICH ARE PROVIDED ON AN ‘AS IS’ BASIS. WE EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE WEBSITE WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED. WE FURTHER DISCLAIM ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS, AND TIMELINESS OF ANY CONTENT OR INFORMATION FOUND ON THE WEBSITE. WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS WARRANTY DISCLAIMER MAY BE LIMITED IN ITS APPLICABILITY TO YOU.

LIMITATION OF LIABILITY

WE WILL NOT BE RESPONSIBLE OR LIABLE FOR: (I) ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS THE RESULT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THE WEBSITE, OR YOUR DOWNLOADING OF ANY CONTENT, INFORMATION, MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE WEBSITE; OR

 

(II) ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH: (I) ANY USE OF THE WEBSITE OR ITS CONTENT, DATA, MATERIALS OR INFORMATION FOUND THEREIN; (II) ANY FAILURE OR DELAY (INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS WEBSITE FOR RESERVATIONS OR TICKETING); OR

 

(III) THE PERFORMANCE OR NON-PERFORMANCE BY US OR ANY AIRLINE, EVEN IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. THE AIRLINES PROVIDING TRAVEL FOR OneAir AI ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF OneAir AI, OR ITS AFFILIATES. OneAir AI AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, OR NEGLIGENCE OF ANY SUCH AIRLINE OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. OneAir AI, AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE, OR OTHER CAUSES BEYOND ITS DIRECT CONTROL, AND IT HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.

 

Notwithstanding anything in these Terms to the contrary, OneAir AI, shall in no event be liable to you for any monetary amount in excess of fifty percent (50%) of the net profit earned by us from sales to you in the twelve (12) month period immediately preceding the date upon which the event giving rise to such liability occurred.

PAYMENT

With respect to each ticket, booking, or other services that you request from or through us, you agree to pay us all fees and charges associated with your order. Unless otherwise agreed between you and us in writing, you agree that all charges invoiced to you by OneAir AI shall be paid to us within 24 hours from your receipt of such invoice (whether by mail, facsimile, or e-mail).

 

For all invoices where travel has commenced, commission payments due will be made by OneAir AI on a weekly basis on Thursdays.

 

Airline ticket refunds, exchanges, and/or voids initiated by you (to the extent permitted by the airlines and less any fees or penalties assessed by the airlines and OneAir AI) with respect to tickets for which OneAir AI, which have been paid, will be refunded within fifteen (15) days from the date we receive the refund from the respective airlines. No refund will exceed the amount received by us from the airline or be provided prior to our receipt of the same. You shall be responsible for initiating the refund process and providing all documents as required by the airline.

 

Once an order or booking is placed, you are unconditionally liable to pay for the same. Under no circumstances shall your failure to collect payment from any of your customers, excuse, limit, reduce or release you from your obligation to pay us for your order and/or booking. In the event OneAir AI is not paid any amount due under these terms and conditions, we expressly retain the right to ‘refund’ or ‘cancel’ any and all orders, bookings, and/or tickets not yet traveled upon, provided however we shall only do so to the extent necessary to recover the unpaid balance due under these terms and conditions.

 

We are not responsible for any third-party fees or charges incurred in any transaction that involves a currency conversion. By agreeing to use both systems you are acknowledging that you are responsible for any fees incurred.

INVOICES AND STATEMENTS

You will receive invoices once tickets are issued on a weekly statement issued on a Wednesday for periods in which you placed any orders with us. All invoices and/or statements shall be deemed correct and complete in all respects and all charges/commissions listed on the invoices/statements shall be deemed accurate unless you notify us of any error within fifteen (15) days from the invoice/statement date. Your failure to notify us of any errors within fifteen (15) days of the invoice/statement date shall be a full and complete waiver of your right to later dispute the completeness and/or accuracy of such invoice and/or statement.

 

In the event you believe there has been an error and wish to dispute all or any portion of your invoice/statement, you shall issue a written notice to us as soon as possible, but in no event later than fifteen (15) days from the invoice/statement date. Your written notice shall include payment for any amounts which you do not dispute and shall describe, in detail, the basis for disputing the other amounts of the invoice/statement. We shall use our best efforts to resolve any disputes within fifteen (15) days from the date of your written notice. If we reach a mutually acceptable agreement regarding the disputed amount, payment shall be made within fifteen (15) days from the date of the resolution of the dispute.

CREDIT/DEBIT CARDS

Unless otherwise specified by an airline in writing, credit card payment can only be made using the customer’s (meaning the passenger’s) credit card. You are solely responsible for the verification of any payment information entered on the Website or provided to us. You are solely responsible for obtaining all appropriate authorizations from the cardholder. You agree to indemnify us from any loss or damage we incur due to the failure of any method of payment for any reason whatsoever, including but not limited to fraud, stolen cards, insufficient funds, improper verification, etc.

 

In the event of any credit card chargebacks or debit memos, you shall pay OneAir AI the amount of the charge-back and/or debit memo, immediately upon your receipt of a copy of the same. If you wish to dispute the charge-back and/or debit memo with the credit card services, OneAir AI shall cooperate with you to raise such a dispute. Please note that the final decision on the acceptance of a credit card charge-back lies with the airline or the merchant and not with OneAir AI

PAST DUE BALANCES

We reserve the right to charge interest on all past due balances of fifteen (15) days or more, provided that no interest shall be charged in excess of that permitted by law. Unless otherwise prohibited, interest will be calculated at a rate of 1.5% per month from the due date of the payment until the date such payment is made.

INDEMNIFICATION

You will defend, indemnify and hold OneAir AI and each of our officers, directors, employees, and agents, from and against any and all claims, actions, liabilities, debts, charge-backs, debit memos, fees, judgments, losses, damages, and demands, including without limitation reasonable legal and accounting fees, which we incur due to: (I) your use of the this Website or OneAir AI, other services; (II) your acts or omissions (in whole or in part); (III) any claims or suits brought by any of your customers in which we are 2by any party; or (IV) any breach by you of these Terms, including the failure to pay us as agreed.

GENERAL

Certain Confirmations: On rare occasions, you may receive a flight confirmation, but the Airline may not accept the request to issue a ticket. In this event, we will endeavor to notify you by e-mail or telephone of the rejection. PLEASE NOTE THAT IT IS YOUR RESPONSIBILITY 24 HOURS AFTER THE ISSUANCE OF YOUR ORDER/RESERVATION TO VERIFY THAT YOUR ORDER/RESERVATION WAS ISSUED CORRECTLY AND IS CONFIRMED. You may do this by verification directly through a GDS (if you have access), through a GDS-owned itinerary website, by the Airline website, or by contacting us.

 

Back-to-back or mixing of itineraries: The use of coupons from two or more tickets issued as round-trip fares for the purpose of circumventing Airline restrictions is called ‘Back to Back Ticketing’ and is not permitted. Airlines and travel agents are prohibited from issuing such tickets. Each Airline reserves the right to deny transportation to passengers found using tickets in this manner. Passengers will be responsible for the difference between the fare paid and the fare of the actual itinerary. Additionally, ‘point beyond’ practices (intentionally booking travel for a point beyond the customer’s intended final destination), are likewise strictly prohibited and may render you liable for various debit memos.

 

Fares not guaranteed until ticketed: You will be notified promptly if your fare cannot be ticketed and, in most cases, an alternative will be offered. If you decline the alternative, you will not be charged. It is your responsibility to ensure that sufficient funds are available for any air travel purchased. If your credit card and/or payment method are declined, the listed fare may not be available at a later time.

 

Waitlisted PNRs: If you create a waitlisted PNR, the PNR is NOT confirmed and may be canceled. Once confirmed, you will be notified of the final price.

 

Taxes estimated: Please note that until such time as you enter the payment screen, taxes have been estimated and provided solely for your convenience. Prior to purchasing, please review the final charges as previous figures are subject to change.

 

Schedule changes: You are responsible to provide all information with respect to flight schedule changes to the traveler, whether or not listed on PNRs. In the event the flight schedule change is not indicated on the PNR, we will use our best efforts to notify you of any flight schedule changes. OneAir AI upon your request, will use its best efforts to accommodate traveler-requested changes in the flight schedule.

 

Open account: You acknowledge that notwithstanding any accounting records, billing invoices, ticket tracking schedules, or other similar documentation, that all sums that may become owed to us hereunder are on an ‘open-account’ basis and that all amounts paid to us shall be applied to the airline tickets or services in the order in which the airline tickets and/or services are traveled upon.

LIMITATION OF ACCESS

On agreeing to the terms and conditions of this agreement, your access to the ‘Website’ is enabled but not guaranteed. OneAir AI reserves the right to restrict- or terminate your access at its sole discretion.

LEGAL

The headings in these Terms are for your convenience and reference. These headings do not limit or affect these Terms. We may modify the Terms of this Web Site, at any time, and your use of the Website will be subject to the Terms in effect at the time of your use. Other terms and conditions may apply to your reservations, bookings, and purchases of travel services through the Website. You will observe these other terms and conditions. If a court finds any of these Terms to be unenforceable or invalid, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. These Terms, together with those items made a part of these terms by reference, make up the entire agreement between us relating to your use of our site and our relationship in general, and replaces any prior understandings or agreements (whether oral or written).

 

The laws of the State of Michigan or, for our agents of Canadian residency, the Province of Ontario, without regard to its conflict of laws rules, will govern these terms and conditions, as well as your and our observance of them, and you hereby voluntarily submit yourself to the exclusive jurisdiction of the State of Michigan or the Province of Ontario (as applicable) and the courts located within the State of Michigan or the Province of Ontario (as applicable). If any legal action arises relating to your use of our site, our relationship, or these Terms, you agree that such action, whether filed by you or us, shall only be filed in the state and federal courts located in Oakland County, Michigan (state) and Wayne County, Michigan (federal) or Toronto, Canada and following a period of at least 30 days from the day of a notice from the other party of the existence of a dispute, to settle such dispute by mutual discussions.

 

In the event that a resolution cannot be reached and legal proceedings ensue, each party shall bear its own expenses, which will be added to any award provided (including reasonable attorney’s fees), incurred by the prevailing party.

NO AGENCY OR EMPLOYMENT RELATIONSHIP

The use of this Website creates no agency and/or employment relationship between you and OneAir AI You hereby certify and acknowledge that you are acting solely as an independent contractor and not as an agent, employee, partner, and/or joint venture with OneAir AI

AIRLINE TERMS & CONDITIONS

You agree to abide by the terms and conditions of purchase imposed by any Airline with whom you elect to deal. Airlines are required to make available to the public the terms of their contract of carriage pursuant to Title 14, Part 253 of the Code of Federal Regulations, and we make available the fare rules for all Airline tickets prior to purchase. Unless otherwise stated in the fare rules, all fares are NON-REFUNDABLE, NON-TRANSFERABLE, and cannot be changed once purchased. You are responsible for ensuring that your purchases abide by the terms and conditions of purchase imposed by any Airline with whom you elect to deal, including terms and conditions of purchase set forth in an air carrier’s fare rules or contract of carriage.

BOOKING PRACTICES

Whether or not you are permitted access to OneAir’s system and the GDS systems as an independent agent of us (utilizing OneAir’s unique PCC), You agree that you shall be fully responsible for and shall immediately pay us the amount of any charges, debits, debit memos, fees and/or penalties charged to us by any airline carrier and/or any GDS system, which relate to your use and/or access to OneAir’s system or the GDS system(s). You acknowledge that you are (or shall become) familiar with the prohibited booking practices of the airlines and of the GDS system(s) and you covenant not to engage in such practices. By way of illustration only, such prohibited booking practices include, but are not limited to; practices which cause scans to exceed an average of 500 scans per PNR (i.e. fare scraping), failure to immediately cancel all HX, UN and UC coded segments which are not ticketed and the breaking of married segments. A complete listing of prohibited booking practices may be found on the Airlines and the GDS system websites.

PRIVACY POLICY

Our Privacy Policy is very simple, other than for OneAir AI, and its affiliates use and as otherwise necessary to process your order, we do not give out, sell, or otherwise share your (or your clients’) information (including name, phone number, and email address) to any third party without your prior authorization, other than as required to facilitate transactions or communication.  Please note that notwithstanding the foregoing, there are certain exceptions to the above where we may be legally required to release your information such as by subpoena, court order, or governmental regulation/investigation.

LICENSING

STATES/PROVINCES IN WHICH OneAir AI (AND/OR ITS SUBSIDIARIES / AFFILIATED ENTITIES), HAS A REQUIRED LICENSE TO SELL TRAVEL:

 

  • California* Seller of Travel Certificate # 2150530-50

 

*California law requires that certain sellers of travel in the State of California have a trust account or bond. OneAir AI of California, Inc. has a trust account/with Bank of America. OneAir AI is not a participant in the California Travel Consumer Restitution Fund (TCRF).

 

Please note that registration as a seller of travel in California does not constitute approval by the State of California.

DATA PROCESSING AGREEMENT
Processing of Company Personal Data

Due to the nature of our mutual businesses, we each process and handle third-party data, around which there are strict principles and regulations that must be recognized and agreed to. (Data Protection Laws)

 

In this section, OneAir AI is considered the Data Controller (‘The Company’) and you are a Data Processor, and it is understood that;

 

You shall comply with all applicable Data Protection Laws in the Processing of OneAir AI Inc’s Personal Data; and not Process Company Personal Data other than on the Company’s documented instructions.

Processor Personnel

You shall take reasonable steps to ensure the reliability of any employee, agent, or contractor of any Contracted Processor who may have access to the Company Personal Data, including but not limited to:

 

  • Ensuring in each case that access is strictly limited to those individuals who need to know and/or access the Company Personal Data, as necessary for the purposes of the Master Agreement;
  • Ensuring compliance with Data Protection Laws, and ensuring that all such individuals are subject to confidentiality agreements or professional or statutory confidentiality obligations.
Security

Taking into account the state of the art, the costs of implementation, and the nature, scope, context, and purposes of Processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, Processor shall in relation to the Company Personal Data implement appropriate technical and organizational measures to ensure a level of security appropriate to that risk.

 

In assessing the appropriate level of security, Processor shall take account of the risks that are presented by Processing, including risks of a Personal Data Breach.

Sub Processing

Processor shall not appoint (or disclose any Company Personal Data to) any Sub-processor unless required or authorized by the Company.

Data Subject Rights

Taking into account the nature of the Processing, Processor shall assist the Company by implementing appropriate technical and organizational measures, inasmuch as possible, for the fulfillment of the Company obligations, as reasonably understood by Company, to respond to requests to exercise Data Subject rights under the Data Protection Laws.

 

Processor shall promptly notify Company if it receives a request from a Data Subject under any Data Protection Law in respect to Company Personal Data; and ensure that it does not respond to that request except on the documented instructions of Company or as required by Data Protection Laws to which the Processor is subject, in which case Processor shall to the extent permitted by Data Protection Laws inform Company of that legal requirement before the Contracted Processor responds to the request.

Personal Data Breach

Processor shall notify Company without undue delay upon Processor becoming aware of a Personal Data Breach affecting Company Personal Data, providing Company with sufficient information to allow the Company to meet any obligations to report or inform Data Subjects of the Personal Data Breach under the Data Protection Laws.

 

Processor shall co-operate with the Company and take reasonable commercial steps as directed by the Company to assist in the investigation, mitigation, and remediation of each such Personal Data Breach.

Data Protection Impact Assessment and Prior Consultation

Processor shall provide reasonable assistance to the Company with any data protection impact assessments, and prior consultations with Supervising Authorities or other competent data privacy authorities, which Company reasonably considers as provisions of any Data Protection Law, in each case solely in relation to Processing of Company Personal Data by, and taking into account the nature of the Processing and information available to, the Contracted Processors.

Deletion or return of Company Personal Data

Processor shall promptly and in any event within 10 business days of the date of cessation of any Services involving the Processing of Company Personal Data (the ‘Cessation Date’), delete and procure the deletion of all copies of the Company Personal Data or, at the request of the Company, Processor shall return the Company Personal Data.

 

Processor shall provide written certification to Company that it has fully complied with this section within 10 business days of the Cessation Date.

Audit rights

Processor shall make available to the Company on request all information necessary to demonstrate compliance with this Agreement, and shall allow for and contribute to audits, including inspections, by the Company or an auditor mandated by the Company in relation to the Processing of the Company Personal Data by the Contracted Processors.

 

Information and audit rights of the Company only arise under this section to the extent that the Agreement does not otherwise give them information and audit rights meeting the relevant requirements of Data Protection Laws

Data Transfer

The Processor may not transfer or authorize the transfer of Data to without the prior written consent of the Company. If personal data processed under this Agreement is transferred the Parties shall ensure that the personal data is adequately protected. To achieve this, the Parties shall, unless agreed otherwise, rely on US-approved standard contractual clauses for the transfer of personal data.

COOKIES

Please read this cookie policy (‘cookie policy’, ‘policy’) carefully before using OneAir AI’s Website as it uses ‘Cookies’.

What are cookies?

Cookies are simple text files that are stored on your computer or mobile device by a website’s server. Each cookie is unique to your web browser. It will contain some anonymous information such as a unique identifier, website’s domain name, and some digits and numbers.

 

What types of cookies do we use?

Necessary cookies

Necessary cookies allow us to offer you the best possible experience when accessing and navigating through our website and using its features. For example, these cookies let us recognize that you have created an account and have logged into that account to access the content.

Functionality cookies

Functionality cookies let us operate the site in accordance with the choices you make. For example, we will recognize your username and remember how you customized the site during future visits.

Analytical cookies

These cookies enable us and third-party services to collect aggregated data for statistical purposes on how our visitors use the website. These cookies do not contain personal information such as names and email addresses and are used to help us improve your user experience of the website.

How to delete cookies?

If you want to restrict or block the cookies that are set by our website, you can do so through your browser setting. Alternatively, you can visit www.internetcookies.org, which contains comprehensive information on how to do this on a wide variety of browsers and devices. You will find general information about cookies and details on how to delete cookies from your device.

SERVICE FEES

OneAir AI reserves the right to charge a service fee for actions related to changes to tickets after issuance. Such actions include but are not limited to voiding, reissues, and refunds whether voluntarily at the request of the passenger, or involuntarily as a result of a schedule change or a flight cancellation.

CONTACTING ONEAIR AI

If you have any questions about our terms of use, COVID-19 disclaimer, privacy policy, or how we use cookies and other tracking technologies, please contact us here.

Please read these Terms and Conditions (the “Agreement”) carefully. Your use of the Platform (as defined below) constitutes your consent to this Agreement.

 

This Agreement is between you (the traveler) and OneAir (“Company” or “we” or “us”) concerning your use of (including any access to) the platform currently located at https://www.oneair.ai/ (together with any materials and services available therein, and successor Platform(s) thereto, the “Platform”). This Agreement hereby incorporates by this reference any additional terms and conditions posted by Company through the Platform, or otherwise made available to you by Company. Our terms include important legal obligations and waivers INCLUDING CHOICE OF LAW AND WAIVER OF CLASS ACTION that you agree to in exchange for the use of the Platform. If you do not agree with all of the Terms and our privacy policy, you may not access the Platform or use our services.

 

You acknowledge and agree that we may change these Terms from time to time and that those changes become effective immediately. If we make material changes, we will provide you notice. The newest version of our Terms will always be posted on the Platform. Your continued use of our services following the notice of any changes constitutes your acceptance and agreement to be bound by such changes. If you object to any changes, you must immediately discontinue using the Platform.

Changes

We may change this Agreement from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Platform. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes.

 

Your use of the Platform following any changes to this Agreement will constitute your acceptance of such changes. The “ Last Updated ” legend above indicates when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Platform (including access to the Platform via any third-party links); charge, modify or waive any fees required to use the Platform; or offer opportunities to some or all Platform users.

Using the Platform

The Platform is currently made available to you for your personal, non-commercial use. When you access our Platform in any way, you warrant that you are at least 18 years of age and possess the legal authority to enter into a binding agreement and that you will only use the Platform in accordance with all the terms and conditions herein. You agree to be financially responsible for all of your use of the Platform (as well as for use of your account by others). You agree that you are responsible for any bookings made by persons under your direction or control. You also warrant that all information supplied by you or on your behalf, or by members of your household in using the Platform is true and accurate. Further you also confirm that the traveler is not an unaccompanied minor. You agree to only make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act. We have the right at all times to deny you use or access to the Platform for any reason.

Information Submitted Through the Platform

Your submission of information through the Platform is governed by Company’s Privacy Policy, located at https://oneair.ai/privacy-policy (the “Privacy Policy”). You represent and warrant that any information you provide in connection with the Platform is and will remain accurate and complete, and that you will maintain and update such information as needed.

Jurisdictional Issues

The Platform is controlled or operated (or both) from the United States and is not intended to subject Company to any non-U.S. jurisdiction or law. The Platform may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Platform is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Platform’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.

Rules of Conduct

In connection with the Platform, you must not:

 

  • Post, transmit or otherwise make available through or in connection with the Platform any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
  • Post, transmit or otherwise make available through or in connection with the Platform any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”).
  • Use the Platform for any purpose that is fraudulent or otherwise tortious or unlawful.
  • Harvest or collect information about users of the Platform.
  • Use an invalid payment method or any payment method that you have not been authorized to use for making a Travel Booking.
  • Provide inaccurate or incomplete information when Reserving a Travel Booking or Reserve a Travel Booking that you have not been authorized to Reserve.
  • Interfere with or disrupt the operation of the Platform or the servers or networks used to make the Platform available, including by hacking or defacing any portion of the Platform; or violate any requirement, procedure or policy of such servers or networks.
  • Restrict or inhibit any other person from using the Platform.
  • Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Platform except as expressly authorized herein, without Company’s express prior written consent.
  • Reverse engineer, decompile or disassemble any portion of the Platform, except where such restriction is expressly prohibited by applicable law.
  • Remove any copyright, trademark or other proprietary rights notice from the Platform.
  • Frame or mirror any portion of the Platform, or otherwise incorporate any portion of the Platform into any product or service, without Company’s express prior written consent.
  • Systematically download and store Platform content.
  • Use any robot, spider, Platform search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Platform content or reproduce or circumvent the navigational structure or presentation of the Platform, without Company’s express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Platform’s root directory, Company grants to the operators of public search engines permission to use spiders to copy materials from the Platform for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Company reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.

 

You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Platform.

We do not own or otherwise control the Travel Suppliers

Our Platform is a travel search engine designed to allow you to search and book travel. Company does not provide, own or control any of the travel services or products (“Travel Services”) that you can access on our Platform. The Travel Services are owned, controlled or made available by third parties (the “Travel Supplier”). The Travel Suppliers are responsible for the Travel Services. The Travel Supplier’s terms and privacy policies apply to your booking and travel so you must agree to and understand those terms. By booking the Travel Services and/or utilizing the services of the Travel Supplier, you agree that neither Company, or its employees, agents, or representatives are or may be liable for any loss, injury, or damage to you or your belongings, or otherwise, in connection with any service supplied or not supplied resulting directly or indirectly from any occurrence beyond the control of Company. Company shall not be liable for any injury, damage, or loss resulting from the neglect of any Travel Supplier or other person supplying services. Company holds themselves free of responsibility for any damage(s) from any cause(s) whatsoever.

 

While our Platform displays information regarding many Travel Suppliers, this is in no way meant to suggest or imply or in any way communicate our recommendation, approval, affiliation, partnership, or sponsorship of the Travel Product or the Travel Supplier. Your interaction with any Travel Supplier accessed through the Platform is at your own risk.

Booking Partners

To provide you with the best offers, we source inventory from a variety of suppliers who are not themselves Travel Suppliers; we refer to these suppliers as “Booking Partners.” Through our relationship with our Booking Partners, we are authorized to market and/or sell the hotel inventory offered by us. Company does not in any way (directly or indirectly, independently or in conjunction with any party) own, manage, operate, or control, and assumes no responsibility for, any Booking Partner, any travel service or product they offer, their content, their policies, or any of their practices. Some of our Booking Partners have additional terms and conditions beyond those that you see in these Terms so you must agree to and understand those terms. Booking Partner Terms that are applicable to your booking are available upon request.

Travel Supplier Descriptions/Amenities/Images

While we exercise due diligence in the selection of our partners, hotel and other Travel Suppliers, profiles are based on information provided to us by the Travel Supplier. This includes images and descriptions of the properties, rooms, and services. Additionally, you should be aware that star ratings or similar systems are based on country classifications and therefore can differ. While Company does its best to maintain current and accurate information regarding these Travel Suppliers, we cannot be held responsible for any inaccuracies in supplier descriptions, amenities, or images.

Pricing

Rates: The rates displayed on the Platform are a combination of the rates and fees charged by the Travel Supplier supplying your Travels.

 

Commission – We charge a commission for each transaction completed via the Platform. The total price will include our commission.

 

Travel Supplier’s Fees and Charges – There are other charges that the Travel Supplier may charge you, such as a resort fee, that are not included in the amounts we collect from you. You will have to pay those charges directly to the Travel Supplier. Before booking, you should check with the Travel Supplier to determine whether they charge additional fees upon your arrival.

 

Taxes and Booking Partner Fees- In addition to the rate and our service fee, our Platform displays a line item for “Taxes and Fees,” which you will be charged when making your reservation. “Taxes and Fees” consists of: (i) an estimate of the taxes payable by the hotel in connection with your booking, including, but not limited to, sales and use tax, occupancy tax, room tax, excise tax, value added tax and/or other similar taxes; and (ii) if applicable, taxes payable by our Booking Partner in connection with your booking; and (iii) service fees retained by our Booking Partner and our service fee.

 

We do not collect taxes for remittance to applicable taxing authorities. The hotel is responsible for remitting applicable taxes. In certain jurisdictions, our Booking Partner may also be responsible for remitting taxes related to your booking. Neither us nor any of our Booking Partners act as a co-vendor with each other or with any hotel.

 

Taxability and the applicable tax rate vary based on several factors, including, but not limited to, the location of the hotel and the room rate paid to the hotel by our Booking Partner. The amount paid to the hotel for taxes in connection with your booking may vary from the estimated amount charged to you, depending upon the rates, taxability, and any other metric in effect at the time of your actual stay. If the amount paid to the hotel is less than the estimate, the balance of the charge for “Taxes and Fees” is retained by us and/or our Booking Partner as part of our and/or their compensation for facilitating and servicing your booking.

 

“Taxes and Fees” does not include other charges, like hotel resort fees, hotel energy surcharges, parking fees, pet fees, and incidental charges (such as room service, mini-bar, gratuities). Unless otherwise indicated, these amounts will be collected from you directly by the hotel.

 

THE FINAL TOTAL PRICE DISPLAYED AT CHECK-OUT OR QUOTED BY AN AGENT IS THE AMOUNT YOU WILL BE CHARGED, SO PLEASE REVIEW THE FINAL TOTAL PRICE CAREFULLY.

 

While we thoroughly review the pricing information on the Platform, changes do occur, and errors are occasionally made. WE RESERVE THE RIGHT TO CORRECT ANY PRICING ERRORS ON THE PLATFORM AND FOR PENDING RESERVATIONS. IF YOUR PENDING RESERVATION CONTAINS A PRICING ERROR YOU WILL BE NOTIFIED AND PROVIDED THE CHOICE TO EITHER ACCEPT THE CORRECTED PRICE OR CANCEL WITHOUT PENALTY.

 

Company quotes prices in US currency, based on the exchange rates for the respective foreign currency. Exchange rates are subject to fluctuation. Your exchange rate is only fixed when full payment is made. Additionally, your payment provider (e.g., your credit card company) may charge conversion fees and apply another date’s currency rate.

 

Some Travel Suppliers may require you to present a credit card or cash deposit upon check-in to cover additional expenses incurred during your stay. Such deposit is unrelated to any payment received by Company for your booking.

Cancellation and/or Modification

You may cancel or change your booking, but you will be charged the cancellation or change fee indicated in the rules and restrictions for the Travel Supplier. If you do not cancel or change your reservation before the cancellation policy period applicable to the Travel Supplier, you will be subject to cancellation charges as outlined by that Travel Supplier in their terms and conditions. In the event of a hotel reservation for which you do not show for the first night of the reservation and plan to check-in for subsequent nights in your reservation, you must confirm the reservation changes with us no later than the date of the first night of the reservation to prevent cancellation of your reservation.

 

You agree to pay any cancellation or change fees that you incur. In limited cases, some Travel Supplier do not permit changes to or cancellations of reservations after they are made, as indicated in the rules and restrictions for the Travel Supplier. You agree to abide by the Terms of Use imposed with respect to your booking. Our service fee is non-refundable in the case of cancellation or changes.

 

Because we have no control over the Travel Bookings, and because we do not verify the Travel Booking Content, it is not possible for us to guarantee the prices displayed on the Platform. Prices for Travel Bookings change constantly and additional charges (e.g., payment fees, services charges, checked-in luggage fees, local taxes, and fees) may apply, as determined in the sole discretion of Travel Suppliers. Travel Booking prices displayed on the Platform at checkout include any applicable commissions for travel agents or managers, as well as our commission.

 

If you have any issues or disputes with respect to a Travel Booking, you agree to address and resolve these with the Travel Supplier and not with us. We have no control over Travel Supplier or any Travel Supplier Policies. If the Travel Supplier allows for refunds or credits, we will refund the credit card used for the Travel Booking or provide you with a credit for future Travel Bookings through the Platform as permitted under the applicable Travel Supplier Policies. Alternatively, the Travel Supplier may provide you with a credit toward future bookings directly with such Travel Supplier.

Force Majeure

Company shall not be liable at any time, in any way, for loss, injury or damage arising from an act of nature, any force majeure, acts of government or de facto authority, government-imposed prohibitions, war, threat of war, civil unrest, any kind of hostilities, terrorist activities, industrial disputes, strikes, theft, robbery, sickness, health risks, pandemic, epidemic, accident, quarantine, immigration or customs regulations, hijacking, closure or congestion of airports or ports, breakdown, delay, cancellation, error, omission, inclement weather, storms, tempests, hurricanes, volcanic eruptions, delay or default of any person engaged in providing any Travel, hotel closures, or any other cause beyond its control. In such cases, Company will not be responsible for any refund. Any refund you may be entitled to will be from the Travel Supplier. Travel Suppliers may choose to offer credits in lieu of a refund. We are not responsible for a Travel Supplier’s failure to pay a refund or for supplier bankruptcy or insolvency.

Travel Protection Coverage

Company strongly encourages you to purchase a Travel Protection Plan including additional Cancel for Any Reason coverage. Such plan at a minimum should cover Trip Cancellation or Interruption, Cancel for Any Reason, Medical Expense, Emergency Evacuation/Repatriation, and Baggage. Travel protection plans can help protect you in the event of loss of non-refundable trip deposits and payments that result from cancellation or trip interruption (due to a covered reason such as injury or illness before or during the trip). It also helps with reimbursement for medical emergency costs (including very costly medical evacuation costs), missed connections and baggage loss. Purchasing coverage may be limited by time constraints so it is imperative that you purchase protection as soon as possible after booking. If you choose to travel without adequate coverage, we will not be liable for any of your losses howsoever arising, for which travel protection plan coverage would otherwise have been available.

Credit Card Chargebacks

In certain cases, you have the ability to dispute charges with credit card companies (“chargebacks“). Before initiating a chargeback, we ask you first to call us to discuss any questions or concerns about our charges. We will work with you in attempting to resolve your concerns. By using our service to make a reservation with a Travel Supplier, you accept and agree to the relevant cancellation policy of that Travel Supplier. Please note that certain rates or special offers are not eligible for cancellation or change.

 

Company retains the right to dispute any chargeback that is improper and recover any costs, including attorney’s fees related to improper chargebacks. Additionally, in the event of an improper chargeback, we retain the right to cancel any travel reservation in the event of a chargeback related to that reservation. The following chargeback scenarios are improper, and we retain the right to investigate and rebut any such chargeback claims:

 

  • Chargebacks resulting from non-cancellable reservations, whether or not the reservation is used.
  • Chargebacks resulting from charges authorized by family, friends, associates or other third parties with direct access to your credit card. This does not include credit card fraud.
  • Chargebacks arising from inconsistency or inaccuracy with regard to the Travel Supplier’s product description.
  • Chargebacks resulting from force majeure or other circumstances that are beyond the control of Company of the Travel Supplier.
  • Chargebacks resulting because you do not agree with the cancellation policy of the Travel Supplier.

 

The merchant of record for this transaction is OneAir, Inc. https://www.oneair.ai/

Destination and Travel Requirements

Travel to certain destinations may involve greater risk than others. Company urges Travelers to remain informed daily as to current news, as well as to review travel prohibitions, warnings, announcements, and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to destinations can be found at http://www.state.gov and http://www.cdc.gov. In addition, you should consult with government websites to ensure that you are following all requirements for admittance into that country, including COVID- 19 requirements, as well as understanding local laws that govern travel within a country, such as medical tests and tracking. Should you choose to travel to a country that has been issued a travel warning or advisory, Company will not be liable for damages or losses that result from travel to such destinations.

 

It is your responsibility to ensure that you meet foreign entry requirements and have obtained any necessary visas for your international travel, and that your passport will be accepted. You may be required to obtain a visa to transit a country, even if that country is not your final destination. We have no special knowledge regarding foreign entry requirements or travel documents. We urge you to review travel prohibitions, warnings, announcements, and advisories issued by the relevant governments prior to booking travel to international destinations. We are not liable if you are refused entry onto a flight or into any country due to your failure to carry the correct and adequate passport, visa, or other travel documents required by any airline, authority, or country, including countries you may just be transiting through. Travel to certain destinations may involve greater risk than others. We urge Users to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations.

DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW : (A) THE PLATFORM AND ANY TRAVEL BOOKINGS AND THIRD PARTY MATERIALS ARE MADE AVAILABLE TO YOU ON AN “ASIS ,” “WHERE IS ” AND “WHERE AVAILABLE ” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND , WHETHER EXPRESS , IMPLIED OR STATUTORY; (B) WE DO NOT WARRANT THAT ANY INFORMATION OR CONTENT AVAILABLE ON THE PLATFORM , INCLUDING , PRICING OR OTHER T RAVEL BOOKING CONTENT , IS CORRECT , ACCURATE OR RELIABLE AND (C) COMPANY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE PLATFORM AND ANY TRAVEL BOOKINGS AND THIRD PARTY MATERIALS , INCLUDING THE WARRANTIES OF MERCHANTABILITY , FITNESS FOR A PARTICULAR PURPOSE , NON – INFRINGEMENT AND TITLE . ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS A GREEMENT ) ARE MADE FOR THE BENEFIT OF BOTH COMPANY AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS , DIRECTORS , OFFICERS , EMPLOYEES , AFFILIATES , AGENTS , REPRESENTATIVES , LICENSORS , SUPPLIERS AND SERVICE PROVIDERS ( COLLECTIVELY , THE “AFFILIATED ENTITIES”), AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.

 

While we try to maintain the timeliness, integrity and security of the Platform, we do not guarantee that the Platform is or will remain updated, complete, correct or secure, or that access to the Platform will be uninterrupted. The Platform may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Platform. If you become aware of any such alteration, contact us at support@oneair.ai with a description of such alteration and its location on the Platform.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) COMPANY WILL NOT BE LIABLE FOR (I) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT ( INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA , LOSS OF OTHER INTANGIBLES, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (II) ANY DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE PLATFORM OR FROM ANY TRAVEL BOOKING OR THIRD PARTY MATERIALS, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH (III) THE TRAVEL SERVICES RENDERED AND PRODUCTS OFFERED BY THE TRAVEL SUPPLIER; (IV) ANY INACCURACIES RELATING TO THE THIRD PARTY MATERIALS (INCLUDING TRAVEL BOOKING CONTENT), (V) TRAVEL TO ANY DESTINATIONS; OR (VI) ANY INJURY, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE), LOSSES, OR COSTS INCURRED OR PAID BY YOU DUE TO ANY ACTS OR OMISSIONS BY OR ATTRIBUTABLE (WHOLLY OR PARTLY) TO TRAVEL SUPPLIERS (INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS); (C) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE PLATFORM OR RESERVATION OF TRAVEL BOOKINGS OR THIRD PARTY MATERIALS IS TO STOP USING THE PLATFORM; AND (D) THE MAXIMUM AGGREGATE LIABILITY OF COMPANY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF (I) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO COMPANY TO USE THE PLATFORM, OR (II) FIFTY DOLLARS ($50.00). A LL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS A GREEMENT) ARE MADE FOR THE BENEFIT OF BOTH COMPANY AND THE AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.

Indemnity

To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless Company and the Affiliated Entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) your use of, or activities in connection with, the Platform (including all Travel Bookings); and (b) any violation or alleged violation of this Agreement by you.

Links to Third Party Platforms

Certain Platform functionality may make available access to information, products, services and other materials made available by third parties, including Travel Booking Content (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials.

 

We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by Company with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Platform at any time. In addition, the availability of any Third Party Materials through the Platform does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.

 

YOUR USE OF THIRD PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY MATERIALS).

Proprietary Rights

The Platform is protected by proprietary rights and laws. All trade names, trademarks, service marks and logos on the Platform not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Platform should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.

Promotions

Any sweepstakes, contests, raffles, surveys, games or similar promotions (collectively, “Promotions”) made available through the Platform may be governed by rules that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules, including any applicable Travel Supplier Policies, as well as our Privacy Policy. If the rules for a Promotion conflict with this Agreement, the Promotion rules will govern.

Registration: User Names and Passwords

You may need to register to use all or part of the Platform. In order to make a Travel Booking through the Platform, you must establish an account with us. We may reject, or require that you change, any user name, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you, and not Company, are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your Platform account.

Account Termination

We reserve the right, in our sole discretion, and without liability, to terminate your access to all or part of the Platform, with or without notice, for any reason or no reason.

Reporting Claims of Copyright Infringement

If you believe that materials hosted by us infringe your copyright, please submit (or have your agent submit) to us a notice including all of the information requested below. If you fail to provide all of the requested information, we will not process your notice. You may wish to seek legal counsel prior to submitting a copyright infringement notice. You could be held liable for alleging false claims of copyright infringement.

 

  • A physical signature of the person authorized to act on behalf of the owner of the copyrighted work;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the Platform;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

Our Copyright Agent for notice of claims of copyright infringement on the Platform can be reached as follows: support@oneair.ai

 

We reserve the right in appropriate circumstances to remove content on the Platform alleged to be infringing without prior notice, and/or to terminate the accounts of users who infringe any intellectual property rights of others.

Complaints

If you have a question or complaint regarding the Platform, please send an e-mail to support@oneair.ai. You may also contact us by writing to 5413 Buckner Ter, Fremont, CA, US, 94555,or by calling us at +1-415-707-3944. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.

Governing Law/Dispute Resolution/Arbitration

The terms of this Agreement are governed by the laws of the United States (including federal arbitration law) and the State of New York, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PLATFORM, OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND COMPANY, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT COMPANY AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules, as amended by this Agreement. The Commercial Arbitration Rules are available online at https://www.adr.org/Rules. Any in-person appearances will be held in New York County in the State of New York. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof and any federal or state court located in New York County in the State of New York, shall have such jurisdiction.

 
Validity

If any provision of the Terms or the application of any provision hereof to any person or circumstances is held invalid, unenforceable or otherwise illegal, the remainder of the Terms and the application of such provision to any other person or circumstances will not be affected, and the provision so held to be invalid, unenforceable or otherwise illegal will be reformed to the extent (and only to the extent) necessary to make it enforceable, valid or legal.

No Waiver

No failure by either party hereto at any time to give notice of any breach by the other party of, or to require compliance with, any condition or provision of the Terms shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

General

Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. You may not assign, delegate or transfer your rights or obligations under these Terms. We may assign our rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you, provided your rights under these Terms are not prejudiced.

 

Last Revision Date: Nov 29, 2022

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