Thank you for visiting Air Flamenco and Flamenco Cargo Website titled www.flyairflamenco.com. In return for gaining access to the Site and using it, you agree to be bound by the following Agreement without limitation or qualification, please review this Agreement before proceeding. If you do not intend to be legally bound by these terms and conditions, do not access and use the Site.
THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT GOVERNING YOUR ACCESS TO, DEALINGS WITH, AND USE OF THE SITE. OF COURSE, SEPARATE AGREEMENTS MAY ATTACH TO ANY GOODS, PRODUCTS, OR SERVICES YOU OBTAIN, PURCHASE, OR USE FROM THE SITE. In the case of a conflict between this Agreement and any agreement specific to any goods, products, or services that you obtain, purchase, or use from the Site, the terms of the specific agreement shall govern.
Air Flamenco reserves the right to change this Agreement and to make changes to any of the products or programs described in the Site at any time without notice or liability. Any such revisions are prospectively binding on you and therefore you should periodically visit this page when you use the Site to review the then current Agreement that binds you. Air Flamenco also reserves the right in its sole and unfettered discretion to deny you access to the Site at any time.
Air Flamenco enters into agreements with third parties from time to time to provide our customers with the opportunity to obtain special services, products or prices offered by the third party. You will not be deemed to be violating this agreement when acting in accordance with the terms and conditions of any such program. Likewise, the terms and conditions in this agreement will be considered broadened to the extent needed to permit such third parties to operate within the terms of a written agreement they have entered with us. The titles in this Agreement are provided only for your convenience and are not to be used in interpreting the Agreement.
Your representations and warranties- By using Air Flamenco and Flamenco Cargo Site, you represent and warrant that you are 18 years of age or older and possess the legal right and ability to enter into this Agreement and to use the Site in accordance with all terms and conditions of this Agreement.
You accept financial responsibility for all use of the Site under your name, credit card, and account, including without limitation all uses by others, including minors living with you. You may allow other members of your household to use the Site under your name, credit card, or account only if you agree to pay all charges that they incur and to be responsible for all other aspects of their usage. You further agree to supervise all minors who use the Site under your name or account. You agree not to assign, transfer, or sublicense your rights pursuant to this Agreement.
Your indemnity obligation- You agree to indemnify, defend, and hold harmless Air Charter Inc. dba Air Flamenco and Flamenco Cargo and its affiliates from and against any and all claims, demands, proceedings, suits and actions, including any related liabilities, obligations, losses, damages, deficiencies, penalties, taxes, levies, fines, judgments, settlements, expenses (including legal and accountants' fees and disbursements) and costs (collectively, "Claims"), based on, arising out of or resulting from your use of the Site, including without limitation any Claims alleging facts that if true would constitute your breach of this Agreement.
Limitations on your use -Air Charter Inc. dba Air Flamenco and Flamenco Cargo provides the Site solely to permit you to determine the availability of goods and services offered on the Site and to make legitimate reservations or otherwise transact business with Air Flamenco and/or Flamenco Cargo, and for no other purposes. You agree that you will use the Site's services only to make legitimate reservations or purchases for you or for another person or company or whom you are authorized to act both legally and under the terms of this Agreement.
You agree that without limitation you shall not make any fictitious, fraudulent, or abusive reservation or any reservation in anticipation of demand. In addition, you agree that you shall not make any duplicate or impossible/illogical reservation. (See Conditions of Carriage for definitions of Fictitious, Fraudulent or Abusive and Duplicate or Impossible/Illogical reservations.)
If our company determines that you have confirmed multiple reservations to one or more destination on or about the same date, Air Charter Inc. may without notice cancel all confirmed space associated with the multiple reservations. You agree to abide by the Tickets Terms and Conditions and other rules imposes including, but not limited to, payment of all amounts when due and compliance with all rules regarding availability of fares, products, or services. You are completely responsible for all assessments, charges, duties, fees, and taxes arising out of your use of the Site.
Your account information is owned by and proprietary to Air Charter Inc. While you may access your account information through the Site, you may not give access to your account to any person or entity other than a member of your household or a person that you directly supervise as part of your career or employment. You may not give access to your account to any third party on-line service. You must access your account information directly through the Site
You agree that you will not misuse the Site. "Misuse" includes, but is not limited to, using the Site to do any of the following:
Distribute, disseminate, post, or publish any information or material that degrades, embarrasses, harasses, humiliates, intimidates, or threatens any individual or group of individuals on the basis of their age, ancestry, color, ethnicity, marital status, medical condition, mental or physical disability, national origin, race, sex, sexual orientation, union or nonunion affiliation, or any other basis protected by federal, state, or local law or ordinance.
Abuse, defame, harass, stalk, threaten, or otherwise violate others' legal rights, including but not limited to rights of privacy and publicity.
Download or upload files that may damage the operation of another's computer, such as computer viruses, corrupt files, or similar software.
Download or upload files that contain materials, including but not limited to software that violate the intellectual property, privacy, or publicity rights of others unless you own, control, or have been authorized to exercise such rights.
Misrepresent or omit the origin or source of any file you download or upload.
Download or upload files that do not contain the posted proprietary language, author attributions, and/or copyright, patent, or trademark notices.
Distribute, disseminate, post, or publish any indecent, infringing, obscene, or unlawful information or material.
Engage in any commercial purpose including but not limited to advertising or offering to sell any goods or services; conducting contests or surveys; distributing chain letters, or advertising with respect to any Ponzi scheme or pyramid scheme; advertising or offering to sell any business opportunities, direct sales opportunities, employment, independent contractor positions, multi-level marketing opportunities, or securities.
Post, send, or otherwise disclose confidential information, trade secrets, or other confidential and/or protected proprietary data of any entity or person, including but not limited to Air Charter Inc. dba Air Flamenco and Flamenco Cargo or any of their affiliates.
Download or upload files that you know, or reasonably should know, cannot be legally distributed through the Site.
Upload, download, or otherwise export or re-export software from the Site: (1) to a national or resident of or into any country the U.S. has embargoed, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia; (2) to anyone on the U.S. Treasury Department's Specially Designated Nationals list, or (3) to anyone on the U.S. Commerce Department's Table of Denial Orders.
Copy or create derivative works from, display, distribute, license, perform, publish, recreate, reproduce, sell, transfer, or transmit any information, products, services, or software obtained by, from, or through the Site.
Monitor or copy any Content by using any manual process, or any robot, spider, or other automatic device, without first obtaining Air Charter’ prior written consent.
Act as an agent or attorney in fact for any person who is not a member of your immediate household; or your direct supervisor at your place of employment.
Take any action that will or could impose an unreasonable or disproportionately large load on our site infrastructure.
Access information about any Air Charter member protected by site log-in and post it on any other Website, with or without that Air Charter member's consent.
Utilize an Air Charter member's password or personal identification number during log-in, unless you are the Air Charter member to whom that password or personal identification number is assigned, acting with the Authorized Air Charter Member's permission.
Engage in any other conduct that is, or that Air Charter Inc. deems to be, in conflict with this Agreement. Air Charter Inc. forbids such Misuses, and access of the Site for any such Misuses or other similar purposes is an unauthorized use of the Site.
No warranty by Air Charter Inc.
The Content may contain inaccuracies and/or typographical errors. Air Charter Inc may alter, change or improve the Content at any time and without notice. Air Charter Inc makes no representations or warranties as to the Content's completeness or accuracy and makes no commitment to update the Content. Air Charter Inc makes no representations about the Content's suitability for any purpose.
YOU USE THE SITE AT YOUR OWN RISK. The content is provided "as is" and without warranty of any kind, either express or implied, including without limitation any implied warranties of expectation of privacy, fitness for a particular purpose, merchantability, non-infringement or title. In no event shall Air Charter Inc or its affiliates be liable for any damages (whether consequential, direct, incidental, indirect, punitive, special or otherwise) arising out of, or in any way connected with, the use of or inability to use the site or for any of the content obtained through or otherwise in connection with the Site, in each case regardless of whether such damages are based on contract, strict liability, tort or other theories of liability, and also regardless of whether Air Charter Inc was given actual or constructive notice that damages were possible.
Air Charter Inc neither warrants nor represents that your use of information and material on the Site will not infringe upon the intellectual property rights of third parties. Air Charter Inc shall not be liable for any virus or other damage to your computer equipment or other property due to your accessing, browsing, or using the Site or due to your downloading any audio, data, images, materials, pictures, text or video from the Site. Air Charter Inc provides services and products in many stations of services, the Site may refer to certain goods, products, and/or services that are not available in your area. A reference to goods, products, and/or services without limiting their geographic scope does not imply that Air Charter Inc offers or intends to offer those goods, products, and/or services in all locations.
For use of certain services, we may provide you with a pass code. This pass code (Agents and clients on credit) is proprietary to and the property of Air Charter Inc. However, you must take precautions to insure the security of your pass code. Air Charter Inc. assumes no responsibility for and will not be liable, if another person learns your pass code or uses your pass code to cause damage to you.
While Air Charter Inc. takes reasonable steps to safeguard and to prevent unauthorized access to your private information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. In no event shall Air Charter Inc. or its affiliates be liable for any damages (whether consequential, direct, incidental, indirect, punitive, special or otherwise) arising out of, or in any way connected with, a third party's unauthorized access to your information, regardless of whether such damages are based on contract, strict liability, tort or other theories of liability, and also regardless of whether Air Charter Inc. was given actual or constructive notice that damages were possible.
No offer to sell or buy securities- The information on the Site does not constitute an offer to sell, or the solicitation of an offer to buy any securities and must not be relied upon in connection with any investment decision.
Links to other sites and to the Site - The Site may provide hyperlinks or references to other sites (DOT, FAA, TSA, and other webpages). While Air Charter endeavors to provide links only to sites that are reputable and safe, we take no responsibility for the information, products, or services obtained on such other sites and will not be liable for any damages arising from your access to such sites. Air Charter provides any such links to other sites merely for your convenience and our inclusion of such links and frames in the Site does not imply an endorsement of the linked or framed sites, their content, or the persons or entities operating those sites. Therefore, you assume sole responsibility for using links or pointers to third parties.
Air Charter Inc specifically denies you permission to hyperlink or provide references to the Site, unless you allowed to do so under a separate written agreement with Air Charter Inc. You are also denied permission to use any trademarked or copyrighted material to provide such hyperlinks or references, unless you allowed to do so under a separate written agreement with Air Charter Inc. Air Charter Inc bears no responsibility for sites that provide hyperlinks or references to the Site unless those sites are operated by Air Charter Inc.
Your communication with us - Air Charter Inc will not treat as confidential any communications you send to us by electronic mail or otherwise. Air Charter Inc has no obligation to refrain from publishing, reproducing, or otherwise using your communications in any way and for any purpose.
Air Charter Inc does not accept or consider unsolicited proposals related to its business, including but not limited to proposals for advertising campaigns, logos, names, processes, products, promotions, services, slogans, and technologies. Air Charter Inc therefore requests that you not send such proposals.
Please also refrain from sending original creative artwork, blueprints, demonstratives, designs, layouts, photographs, or samples. Air Charter Inc has adopted this policy to prevent claims that we have copied such unsolicited ideas without authorization, when, in fact, we developed the idea independent of or even long before receiving the unsolicited proposal. If you do send us unsolicited proposals, then do so with the understanding that Air Charter Inc may use any concepts, ideas, inventions, know-how, or techniques that you disclose in those communications for any purpose, including the developing, manufacturing, and/or marketing of goods, products, or services. Air Charter may do so free of any obligation to compensate you for that use.
Comparison monitoring of on-line chats or telephone conversations with Air Charter Inc -The Site may provide you the ability to have an on-line chat session with Air Charter Inc or with information as to how you can contact Air Charter Inc by telephone. You may use these functions only for business purposes related to the Site. For quality assurance purposes, Air Charter Inc may monitor, record, and/or transcribe the contents of these communications. By contacting Air Charter, you agree that the communication may be monitored, recorded, and/or transcribed and you consent to the monitoring, recording, and/or transcribing. Such records may be kept indefinitely or disposed of at our discretion.
Forum for actions, governing law, and procedural restrictions - You agree that this Agreement is made and entered into in Common wealth of Puerto Rico. You agree that Puerto Rico law governs this Agreement's interpretation and/or any dispute arising from your access to, dealings with, or use of the Site, without regard to conflicts of law principles.
Any lawsuit brought by you related to your access to, dealings with, or use of the Site must be brought in the state or federal courts of Common wealth of Puerto Rico. You agree and understand that you will not bring against Air Charter Inc, or any of its affiliated entities, agents, directors, employees, and/or officers any class action lawsuit related to your access to, dealings with, or use of the Site.
Intellectual property notifications- Unless otherwise noted, all information, data, images, passwords, Personal Identification Numbers ("PINs"), screens, text, user names, Web pages, or other materials (collectively "Content") appearing on the Site are the exclusive property of Air Charter Inc., Air Flamenco, and Flamenco Cargo.
All information, products, services and software contained on or used in the Site ("Content") is Copyright 2018 by Air Charter Inc. All rights reserved. Please assume that everything you see or read on the Site is copyrighted to, or used with permission by, Air Charter Inc., Air Flamenco, and Flamenco Cargo unless otherwise noted.
The trademarks, logos, service marks, and trade dress (collectively the "Trademarks") displayed on the Site are registered and unregistered Trademarks of Air Charter Inc.
Images of people, objects, or places displayed on the Site are either the property of, or used with permission by Air Charter Inc.
Air Charter Inc., owns or uses by permission all software contained on the Site, including without limitation all HTML code and Active X controls. Copyright and other laws and international treaty provisions protect this software. The law expressly prohibits any modification, redistribution, or reproduction of the software, and such actions could result in severe civil and criminal penalties. Air Charter Inc will seek and support prosecuting violators to the maximum extent possible.
You may not copy, display, distribute, download, license, modify, publish, re-post, reproduce, reuse, sell, transmit, use to create a derivative work, or otherwise use the content of the Site for public or commercial purposes. Nothing on the Site shall be construed to confer any grant or license of any intellectual property rights, whether by estoppel, by implication, or otherwise.
Other terms -THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT GOVERNING YOUR ACCESS TO, DEALINGS WITH, AND USE OF THE SITE. OF COURSE, SEPARATE AGREEMENTS MAY ATTACH TO ANY GOODS, PRODUCTS, OR SERVICES YOU OBTAIN, PURCHASE, OR USE FROM THE SITE. In the case of a conflict between this Agreement and any agreement specific to any goods, products, or services that you obtain, purchase, or use from the Site, the terms of the specific agreement shall govern.
Any failure of Air Charter to assert any rights it may have under this Agreement does not constitute a waiver of our right to assert the same or any other right at any other time or against any other person or entity. If any provision of this Agreement is found to be invalid or unenforceable, then the invalid or unenforceable provision will be stricken from this Agreement without affecting the validity or enforceability of any other provision.