Legal

Surf On Demand Privacy Policy and Notice

Effective Date: May 18, 2018

Surf On Demand Inc. and our affiliated companies (collectively “Surf On Demand”, “we”, “our” or “us”), respect your privacy. This Privacy Policy and Notice (“Policy”) outlines the information Surf On Demand collects from visitors to our websites, mobile applications and other online services (collectively, the “Site”). We collect the information in an effort to support and further our relationship with our members, potential customers and business partners, including providing you with requested information and/or products or services. This Policy also describes the personal information and other data we may collect about you, how we may use, store and disclose that information and the choices you can make about how we collect and use your information.

Surf On Demand encourages you to read this Policy before using the Site or submitting any personal data. Your use of the Site signifies your agreement to our processing of personal data as described in this Policy and that you agree to all of the terms of this Policy. If you do not agree with our policies and practices, your choice is to not use the Site. This Policy may change from time to time and your continued use of the Site after we make changes to this Policy is deemed to be acceptance of those changes, so please check this Policy periodically for updates.

If you have questions about this Policy, please contact us at privacy@surfondemand.com.

Privacy Policy and Notice Highlights

Information Collection

We gather the following information related to your use of the Site, all of which is described in further detail later in this Policy:

• Registration and Flight Information: When you create an account or profile on the Site, you voluntarily give us personal information. In addition, we may collect personal information related to you and your guests when you book a flight or travel through our Site and membership service.
• Information Relating to Your Requests: We collect information you provide when you contact us, or if you respond to messages we send you.
• Social Media Information: We may receive information from and share information with social media platforms.
• Information from Other Sources: We may combine information you provide with information from outside sources.
• Mobile Information: We may collect additional information from you if you access our Site through a mobile device (e.g. your unique device identifier, your device’s operating system, or the mobile carrier for your phone).
• Technical Usage and Tracking Information: We and others may use tracking technologies (including cookies) on our Site for customization and analytical purposes, including participation in ad networks.
• Geolocation: We may identify and collect information about your specific location.

Uses and Retention 

We use sensitive billing information (such as cardholder name, credit card number, and expiration date) for the purpose of payment of membership fees and other charges you incur for our services. We use other information about you for the following general purposes: to provide you with the products and services you request; to provide you with travel confirmation and updates; to manage your account, including processing bills and providing travel notifications; to communicate with you in general; to respond to your questions and comments; to measure interest in and improve our products, services, and Site; to notify you about special offers and products or services that may be of interest to you; to otherwise customize your experience with the Site; to reward you as part of any reward and recognition program you choose to join; to solicit information from you, including through surveys; to resolve disputes, collect fees, or troubleshoot problems; to prevent potentially prohibited or illegal activities; to enforce our Membership Terms; and as otherwise described to you at the point of collection.

Disclosure of Information 

We may share your personal information and other information we collect with the following entities: (a) our corporate affiliates; (b) business partners with whom we may jointly offer products or services; (c) our suppliers, service providers and third party vendors who provide services or functions on our behalf, including our third party flight services operators, credit card processors, customer service, marketing, and fraud prevention; (d) legal advisors, regulators and law enforcement; (e) others entities if there is a change of control or otherwise with your consent; (f) ad networks and referring websites; and (g) companies in the mobile app industry.

Your Choices for Controlling and Accessing Your Information 

If you are a registered user or member, you can update your account information by logging in. You may be able to control technical information we receive from your device or browser (such as cookie or location information) by modifying your browser or device settings. You may opt-out of receiving promotional emails from us by following the link included within such messages.

Contact Us

You may contact us with questions or comments regarding our privacy practices as follows:

Surf On Demand Inc.
12111 Crenshaw Blvd.
Hawthorne, California 90250

Email Address: privacy@surfondemand.com

PRIVACY POLICY AND NOTICE PROVISIONS

• Information Collection

We may collect information about your interactions with us or others, including personal information. We may collect and retain any information which you or your devices provide to us when you visit our Site.

• Registration and Flight Information

You do not need to register an account with us in order to browse our Site, although certain services and functionality (such as the ability to book a flight) may only be available to our registered users. If you register for an account, we may collect information you choose to give us, such as your first and last name, home or other physical address, email address, zip code, telephone number or other contact information, payment card information, employer or corporate affiliation. By interacting with us or booking flights with us, we additionally learn information about your transaction details and history. When you make a purchase, book a flight, fly with us, or communicate with us, we may learn details about you such as: travel plans, disability or health information (such as may be required to provide accommodations or to provide assistance in case of a health incident during a flight), emergency contacts, dietary restrictions, weight information, gender and date of birth, age or age-range, redress number, travel preferences, purchase information, and other information relating to your travel. Similar information about you may be provided when others book a flight on your behalf.

We may additionally gather information required to verify your identify, conduct a background check, or comply with government-mandated security requirements. This information may include your social security number, country of origin, passport, driver’s license, known traveler number, or other government-issued identification.

• Information Relating to Your Requests

We gather information you provide when you contact us, if you respond to or click on links in messages we send you, or if you review or comment on our products or services. Details of how you can opt-out of receiving promotional communications from us are detailed in the section headed “Your Choices” below. If you choose to participate in activities such as contests, sweepstakes, questionnaires, surveys, or product reviews, Surf On Demand will collect the personal information that you provide. If you win a contest, sweepstakes or similar offering, you may be asked to provide a tax identification number or social security number.

• Social Media Information 

Our Site may embed plugs-ins, widgets or other apps of various social media platforms, such as Facebook, Twitter, LinkedIn, Pinterest, Instagram, and YouTube. An example of such a plug-in is Facebook’s “Like” button. By including these plug-ins, widgets, or other apps on our Site, your internet browser may make a direct connection to the social media platform’s service and may share with the social media platforms information such as that you have visited our Site.

Surf On Demand may have a presence on social media platforms such as Facebook, Twitter, and LinkedIn. Your participation with the services provided on social media platforms is voluntary. If you have an account with these or other third party social media platforms, we may receive additional information from that platform about you, such as your user name, stated location, date of birth, profile information, and interactions you have had on that third party social media platform. The personal information we may have access to vary by social media platform and may be controlled by privacy settings on that platform and your choices.

• Information From Other Sources

We may obtain information about you from partners and other third parties. This information may include information about your use of this Site or our services (including travel details provided from a third party, such as another carrier, or a car service or hotel), your use of other websites, your interests and preferences and other information about you or your household. We may combine the information we obtain from third parties with information that we have collected about you. We may receive information from government regulators, or from third parties we use to conduct background checks.

• Mobile Information

We may collect additional information from you if you access our Site through a mobile device (e.g. your unique device identifier, device’s operating system, mobile carrier, location or GPS/geo-location). We may collect information necessary to send you push notifications, SMS text or other mobile messaging.

• Technical Usage Information

When you visit our Site, we collect usage information sent to us by your computer, mobile, or other access device that tells us how you are using the Site (“usage information”).We use tracking technologies (including cookies (including cookies stored in HTML-5), web beacons/GIFs, embedded scripts, e-tags/cache browsers) to collect usage information.

We may also collect password information from you when you log in, as well as computer and/or connection information. During some visits we may use software tools to measure and collect session information, including page response times, download errors, time spent on certain pages and page interaction information. To learn more about how we use tracking technologies and cookies, see our Cookies and Tracking Technologies Policy available on the Site.

• Geolocation Information

When you visit the Site, we may collect information about your specific location (such as GPS or similar precise location information).

• Uses and Retention

We and others acting on our behalf may use the information we gather to operate our business, including managing our Sites, and for other purposes as allowed by law.

• Operate Our Business and Site

We may use the information collected to (i) operate our Site and services, including providing flights or other transportation services; (ii) provide services, support and assistance that you request, or attempt to resolve complaints; (iii) personalize your experience by providing content on the Site, including targeted messaging or advertising that we believe may be of interest to you; (iv) improve the Site or our services, including developing new products or services; (v) provide you access to your account, and otherwise operate our business.

• Analyze and Aggregate Information

We use the information we collect to analyze the use of our Site and services, and to help us understand user behavior better. In addition, we may aggregate information about our users and prepare aggregated reports. In addition to analyzing Site usage information, we may analyze ad conversion events, or click-thru information related to emails or messages.

• Advertising and Promotions

We may use the information we gather to offer, provide, or personalize products and services from us and third parties, and for other promotional purposes. For example, we may customize content, advertising, promotions and incentives to reflect your preferences, interests, or prior interactions with us and others. From time to time, we may operate sweepstakes and other special promotions, or offer special rewards or other incentive programs. We may also send you offers on behalf of selected affiliates.

• Other Communications

We may use your information to contact you through telephone, text, push notification, email, direct mail, or via other means as permitted by law.

• Prevent Fraud and Meet Legal Requirements

We may use and share the information we gather to protect and enforce our rights and those of our partners, affiliates, customers and members of the public, including preventing fraud, theft, and injury to you, us or others. We may use and share the information we gather to comply with legal requirements, legal process, and legal advice, and as required by government regulators.

• Storage and Retention

We may use third party companies to manage collation, processing and storage of your personal information and sensitive personal information on our behalf. These companies are carefully selected and screened to ensure maximum protection of your security and privacy. We will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.

• Disclosure

Information collected on the Site may be shared in the following ways:

• Corporate Affiliates

We may share the information we collect about you with the Surf On Demand corporate family, including Surf On Demand and our affiliates and subsidiaries. The information may be disclosed to: (i) provide joint content and our services (e.g., registration, transactions, analytics and customer support); (ii) help detect and prevent potentially illegal acts, violations of our policies, fraud and/or data security breaches; and (iii) develop new services and otherwise guide decisions about our, Surf On Demand or a third-party’s products, sites, applications, services, tools and communications.

Members of our corporate family may use this information to send you marketing communications. You will have the opportunity to opt-out of marketing email communications.

• Service Providers and Other Third-Parties

We may share information with third party service providers who help us operate our business or provide services to us or on our behalf, including other airlines or third party charter operators. We may also share information with third parties to help us promote our products and services, or to help us customize advertisements, offers, or other communications to you. We may share information with companies in the mobile app industry (such as carriers, operating system and platform developers, and app stores). On occasion, our business partners may offer you additional products or services that may be of interest to you.

If you purchase or use our products or services through a program sponsored by a third party, or if you make book flights through a corporate account, we may share your information with that third party, such as an employer or other group.

• Other Persons or Entities with Your Consent

We may share information with third parties if you consent. For example, if you book a flight and include guests on your booking, we may share the flight information with those guests.

• Legal and Law Enforcement

We may share information with our regulators, law enforcement, governmental agencies, or other authorized third-parties as required by law, in response to requests relating to a criminal investigation or alleged illegal activity, or to prevent fraud or injury to you, us, or others. These disclosures may include disclosures to perform charge verifications or to report or collect debts. We may share your information with third parties in response to a subpoena, other legal process or advice, and/or as permitted by law.

Security regulations related to air travel may require us to share information about your identity, travel plans, travel history, and other information with regulators, law enforcement, and security personnel in the U.S. or other countries.

• Business Transfers

We may share information we have gathered in connection with the sale or merger of all or a part of our business or the transfer of assets.

• Ad Networks

We may share information with analytics companies and advertising networks, including those that provide Data Technologies on our site. On the Site, we may work with third-parties to serve advertisements, provide us with data collection, reporting, ad response measurement, site analytics, assist with delivery of relevant marketing messages and advertisements.

These third-parties may view, edit or set their own tracking technologies/cookies. The use of these technologies by these third-parties is subject to their own privacy policies and is not covered by this Notice. They might also obtain information about other applications that you have downloaded to your mobile device, the mobile websites you visit and other information about you or your device in order to analyze and serve targeted advertising on the Site and elsewhere.

• Your Choices

You may limit and control the information provided to us in a number of ways. You may not be able to use all features of our Sites if you limit the information you share with us.

You may unsubscribe from promotional emails from us by following the unsubscribe link included in each such email. You may not opt-out of administrative emails (for example, emails about your purchases or other transactions with us) for your registered account. You can opt out of text messages from us by replying to a text from us with “STOP.”

Your browser and your device may provide you the option to limit the use of cookies or other Data Technologies. You should consult documentation for your browser or device for more information. Your mobile device or mobile carrier may provide options that allow you to prevent sharing geolocation information or other information with us (such as information used to operate advertising networks or identify your use of our Site across devices).

You should consult your mobile device’s settings or contact your carrier for more information about understanding and exercising these options. However, depending on the technical manner in which your carrier or device implements those options, those options may not effectively limit advertising or other tracking, or change how your device is identified by Surf On Demand.

You may opt-out of all continuing collection of information from our mobile app by uninstalling that application from your mobile device. However, this will not restrict information collected from our website if you access our website from your mobile device.

You may be able to prevent social media platforms from sharing information with us by not using such platforms or by modifying your privacy settings on such platforms. You should review the privacy and other policies of such platforms to understand how they may share your information with us, and how you can limit that use.

For more information about certain third-party advertising networks who may operate on our Site and your ability to opt-out of certain targeted advertising, please visit http://www.networkadvertising.org/choices/. Opt-outs may not apply to all advertising or all kinds of promotional messaging. Opting out may not prevent the collection of usage data for certain purposes (e.g., research, analytics and internal online services operation purposes).

• Accessing, Reviewing, and Changing Your Personal Information

Registered members can review and change personal information at any time by accessing their accounts on the Site. You should promptly update your personal information if it changes or becomes inaccurate.

We may retain some information from closed accounts so that we can comply with law, prevent fraud, assist with investigations, resolve disputes, analyze, or troubleshoot programs, enforce our Terms of Use, or take other actions permitted by law. Likewise, if your account or membership is terminated or suspended, we may maintain some information to prevent re-registration.

• Notice to California Residents

As required under California law, residents of the State of California may request a list of all third-parties to which our Site has disclosed certain personal information (as defined by California law) during the preceding year for those third-parties’ direct marketing purposes.

If you are a California resident and want such a list, please contact us at privacy@surfondemand.com, or at:

Surf On Demand Inc.

12111 S. Crenshaw Blvd.
Hawthorne, CA 90250

For all requests, you must put the statement “Your California Privacy Rights” in the body of your request, as well as your name, street address, city, state, and zip code. In the body of your request, please provide enough information for us to determine if this applies to you. You need to attest to the fact that you are a California resident and provide a current California address for our response. Please note that we will not accept requests via the telephone, mail, or by facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information

As of the Effective Date listed above, there is no commonly accepted response for Do Not Track signals initiated by browsers. Therefore, we do not respond to such signals or to other mechanisms that provide the ability to exercise choice regarding the collection of personally identifiable information regarding your online activities over time and across third party websites or online services.

• Security

We use administrative, technical, and physical security designed to safeguard personal information in our possession, but we cannot guarantee the security of the information that we collect and store. If you believe that information about you has been subject to unauthorized disclosure, please let us know by emailing privacy@surfondemand.com. It is your responsibility to make sure that your personal information is accurate and that your password(s) and account registration information are secure and not shared with third-parties.

• Children’s Privacy

Surf On Demand does not knowingly collect personally identifiable information online directly from children under the age of 13. However, due to the nature of our services, Surf On Demand may collect information – including personal information – about children under the age of 13 (from a parent or legal guardian), such as that required to make travel arrangements, or as otherwise necessary for Surf On Demand to provide its products, services, or support.

If you learn that your child has provided us with personal information online without your knowledge, you may contact us via the contact information indicated elsewhere in this Policy and request that we delete this information from our records.

• Notification Regarding Updates

From time to time, we may update this Policy. When we make material changes to this Notice, we will update this web page and change the Effective Date listed above. You agree that we may notify you about material changes in the way we treat personal information by placing a notice on the Site. You should check the Site frequently for updates.

Surf On Demand Terms of Use

Effective Date: June 14, 2016

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

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

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

I) General

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

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

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

II) Privacy

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

III) Electronic Communications

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

IV) Permitted Use of the Site and Your Account

Use of the Site

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

Your Account

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

V) User Conduct

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

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

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

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

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

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

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

F) Is libelous, defamatory or slanderous;

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

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

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

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

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

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

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

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

O) Violates any applicable law or these Terms.

VI) Children’s Online Privacy Protection Act Notification

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

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

VII) Monitoring

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

VIII) Links to Third Party Sites/Services

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

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

IX) No Unlawful or Prohibited Use/Intellectual Property

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

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

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

X) Third Party Accounts

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

XI) International Users

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

XII) Indemnification

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

XIII) Disclaimer of Warranties

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

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

XIV) Limitation of Liability

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

XV) Dispute Resolution

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

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

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

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

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

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

XVI) Termination/Access Restriction

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

XVII) Force Majeure

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

XVIII) Assignment

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

XIX) Miscellaneous

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

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

XX) Changes to Terms

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

XXI) Contact Us

Surf On Demand
12111 S. Crenshaw Blvd.
Hawthorne, CA 90250

Email Address: memberservices@surfondemand.com
Telephone Number: (888) 704-2582

Effective Date: March 24, 2026

This Surf On Demand Membership Agreement (the “Agreement”) is entered into by and between Surf On Demand, Inc., a Delaware corporation (“Surf On Demand,” “we,” “us,” or “our”), and the individual or entity (“Member,” “you,” or “your”) enrolling in the Surf On Demand Membership program. This Agreement governs only the Surf On Demand Membership program and does not govern individual charter flights, which are subject to separate terms and conditions provided on a per-flight basis.

1. The Surf On Demand Membership

The Surf On Demand Membership is an optional, annually renewing membership program that provides enhanced benefits in connection with private charter flights arranged by Surf On Demand. Surf On Demand is a private aviation charter brokerage acting as agent on behalf of Members to arrange travel in accordance with applicable Department of Transportation (“DOT”) regulations. Surf On Demand does not operate aircraft and does not provide air transportation. All flights are operated by properly licensed third-party air carriers and are governed by separate flight-specific agreements. This Agreement applies only to services provided by Surf On Demand, Inc. and provides no benefits with respect to scheduled or semi-scheduled services operated or branded as Surf Air, Southern Airways Express, Mokulele Airlines, or any other scheduled service.

2. Membership Term, Renewal, and Termination

Membership renews on an annual basis unless cancelled. Surf On Demand may terminate a Membership at any time. In the event of termination by Surf On Demand for reasons other than a material breach of this Agreement, any unused portion of the Membership term may be refunded on a pro-rated basis. Members may cancel their Membership at any time in accordance with the then-current cancellation instructions provided by Surf On Demand. Upon cancellation by the Member, the unused portion of the Membership term will be refunded on a pro-rated basis. Membership fees are otherwise non-refundable except where required by applicable law or expressly stated in writing. Upon cancellation or termination, all Membership benefits will cease as of the effective date of termination.

3. Membership Benefits

Subject to this Agreement, availability, and any applicable exclusions or policies communicated by Surf On Demand, Membership benefits may include: (a) dynamic discounts on eligible ad-hoc private charter flights booked through fly.surfair.com; (b) dynamic discounts on eligible ad-hoc private charter flights booked through the Surf On Demand member concierge team; (c) access to a dedicated member concierge team, with support available via email and phone, including 24/7 support availability; (d) eligibility to purchase optional membership add-ons, including Surf Air Credit, Jet Card programs, and Destination Memberships, each of which is governed by its own separate terms and conditions; (e) complimentary flight recovery in certain circumstances, subject to applicable exclusions, limitations, and separate policies communicated by Surf On Demand; (f) waived credit card transaction fees on eligible ancillary services, as determined by Surf On Demand; and (g) the ability to add up to three additional lead members to share Membership benefits, subject to an additional annual fee of $1,000 per additional lead member and any applicable eligibility requirements. All Membership benefits are provided at Surf On Demand’s discretion and may be modified, limited, or discontinued at any time.

4. Membership Add-Ons

Membership Add-Ons are optional programs or services made available to Members for an additional fee. Each Membership Add-On is governed by its own separate terms and conditions, which apply independently of this Agreement. In the event of a conflict between this Agreement and the terms of a Membership Add-On, the applicable Add-On terms shall control with respect to that Add-On.

5. No Flight-Specific Terms Included

This Agreement does not govern individual charter flights, including but not limited to flight pricing or availability, aircraft type, routing or scheduling, cancellations, delays, operational decisions, or operator contracts or contracts of carriage. All such matters are governed by separate agreements and terms provided at the time of booking.

6. Member Responsibilities

Members agree to provide accurate and current information and to use the Membership and its benefits in a lawful and appropriate manner. Membership benefits may not be resold, transferred, sublicensed, or misused. Members are responsible for ensuring that any additional lead members comply with applicable policies and terms. Memberships are non-transferable unless expressly approved in writing by Surf On Demand.

7. Modification of Membership

Surf On Demand may modify, enhance, limit, or discontinue any aspect of the Membership program or its benefits at any time, in its reasonable business discretion. Continued use of the Membership following any modification constitutes acceptance of such changes.

8. Disclaimer; No Guarantees

Membership does not guarantee flight availability, pricing, response times, specific savings, or access to particular aircraft, operators, or routes. All services are provided on an “as available” and “as is” basis.

9. Limitation of Liability

To the maximum extent permitted by law, Surf On Demand shall not be liable for any indirect, incidental, special, or consequential damages arising out of or relating to this Agreement or the Membership. Surf On Demand’s total liability under this Agreement shall not exceed the Membership fees paid by the Member during the then-current Membership term.

10. Arbitration and Governing Law

Any dispute arising out of or relating to this Agreement shall be resolved by binding individual arbitration administered by JAMS in Los Angeles County, California. Class actions and jury trials are waived. This Agreement is governed by the laws of the State of California, without regard to conflict-of-law principles.

11. Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the Surf On Demand Membership and supersedes all prior membership agreements, including those associated with Surf Air.

12. Contact Information

Surf On Demand, Inc.

5080 Spectrum Dr., Ste 250W

Addison, TX 75001

Email: members@surfondemand.com

INTRODUCTION
By purchasing, accepting, or using Surf Air Credit (“SurfCredit”) in either physical or digital form and in consideration for your right to use SurfCredit, you agree to be bound by these terms and conditions (“Surf Air Credit Terms and Conditions”) and the terms and conditions contained in the Surf Air Membership Agreement (the “Agreement”). In the Surf Air Credit Terms and Conditions, “you” and “your” means the member who has purchased SurfCredit. “We” or “our” means Surf Air Inc,

REDEMPTION

• SurfCredit may be used towards On-Demand Charter and single seats for the primary member on Scheduled Service (when technologically available).
• Visit fly.surfair.com and login to book on-demand flights, or contact our sales team to use SurfCredit.
• Flights booked with a representative may incur an administrative fee.
• FET/TAX and surcharges are levied at the point of booking each flight and deducted from the SurfCredit balance.
• Each flight booked using SurfCredit is subject to the On Demand Charter Terms and Conditions unless otherwise stated.

SURF AIR CREDIT TERMS & CONDITIONS

• SurfCredit expires once used, after 12 calendar months, or upon membership termination, whichever is first.
• SurfCredit is not refundable, exchangeable, or redeemable and it is not a credit, debit, or charge card. No implied warranties attached to it.
• SurfCredit may be used to make purchases only up to the available balance on file.
• The available balance is reduced by the amount of each purchase of goods or services and by other deductions, if any, that may be required by law.
• If you want to use SurfCredit to make a purchase that exceeds the available balance available, you may combine Credit with additional payment from another funding source.
• SurfCredit is utilized before Bonus Credit.
• You agree that Surf Air is not responsible if you do not have enough SurfCredit funds to facilitate a transaction.
• We may modify or update these Terms and Conditions at any time without notice to you.
• Surf Air Bonus/ Complimentary Credit granted as compensation or as part of a promotion is to be treated the same as “SurfCredit” but expire 90 days after grant date unless specified otherwise in writing.

RESTRICTIONS

• We reserve the right to correct your SurfCredit balance if we believe that a clerical, billing, or accounting error has occurred. You also agree that we may deactivate, cancel or suspend your SurfCredit if we suspect fraud, unlawful activity, or improper use.
• If the member doesn’t have a membership or membership lapses whilst there is still a credit balance, then Membership dues will be billed monthly to the credit balance or credit card on file for $295/month.
• SurfCredit may not be used to buy more SurfCredit, additional Surf Air Memberships or some ancillary products and services that are not directly related to a specific flight confirmed departure.

Valid for all Surf Air Credit Members, unless otherwise stated:

• FLIGHT RECOVERY
  Surf Air offers complimentary flight recovery to all Members with Surf Air Credit. Should any issues arise with an aircraft post-booking, Surf Air will provide at least one complimentary and comparable alternative option. Members have the option to accept the alternative, request additional options which may incur additional costs, or receive a full refund in Surf Air Credit.
• CANCELLATION POLICY
  Trips canceled at least 48 hours prior to the departure time are eligible for a 100% refund in Surf Air credit. Trips canceled within 48 hours are nonrefundable. ‘Trip’ is defined as the first leg of the confirmed itinerary. One-way, Empty Leg, or multi-leg bookings on aircraft categorized as midsize or larger are non-refundable once confirmed.
• ROUTE SPECIFIC RATES
  Route Specific Rates are subject to aircraft availability. Trips canceled at least 48 hours prior to the departure time are eligible for a 100% refund in Surf Air credit. Trips canceled within 48 hours are nonrefundable. ‘Trip’ is defined as the first leg of the confirmed itinerary.
• ITINERARY/MANIFEST CHANGES AND TRANSMITTAL OF CHANGES
  Itinerary and manifest changes are permitted and may be requested up until 72 hours prior to contracted departure. Changes are subject to aircraft/crew availability and any applicable price adjustments will apply. Notification of changes and/or cancellations must be in writing and transmitted to ondemand@surfair.com. Passengers who cancel inside our cancellation policy, who are no-shows or passengers arriving more than 15 minutes past the scheduled departure time will forfeit 100% of the flight costs.
• SUPPLEMENTAL CHARGES
  Client understands that total cost of the trip is subject to change as a result of increased taxi or flight time due to Air Traffic Control delays, the use of alternate airports due to weather conditions, FAA Temporary Flight Restrictions and customs clearance or availability. Additional fees such as unforeseen fuel surcharges, Wi-fi and phone charges, hangar, deicing, special cleaning, special event, call-out and international fees, crew expenses and similar out of pocket expenses relating to the services provided will be billed at cost. Optional add-ons including but not limited to: Ground transportation, catering, special stock requests, etc will be charged to the Client with a service fee. Client understands that full settlement of trips may take up to six months to be invoiced as well as, agrees to indemnify and reimburse Surf Air for all expenses incurred by Client or their guests.
• PETS
  Pets are generally allowed. However, prior approval is required and acceptance will be determined on a variety of factors. Additional charges may apply.
• LANDING PERMITS AND AIRPORT SLOTS
  Flights to and from major airports are subject to slot availability and landing permits. Actual departure or arrival times may differ from contracted times. Surf Air is not responsible for any delays as a result of slot, permit, customs and border or other operational changes and restrictions. Members with the Credit, Destination or Guaranteed rate add-on who request flights at major and/or congested airports may be subject to additional charges.
• INTERNATIONAL FLIGHTS
  All international flights will be considered tentative pending receipt of all required authorizations and permits. In rare instances, specific cancellation terms may apply to international flights and these will be communicated by Surf Air on a case-by-case basis.

In addition to the above terms, by joining, upgrading or opting in, all members agree to the Surf On Demand Membership Agreement which can be found here.

TERMS AND CONDITIONS
The terms and conditions relating to the booking, operation of, and payment for an on-demand flight through Surf On Demand Inc. (“Surf On Demand”) on behalf of the individual or entity requesting the on-demand flight service (“Client”) are set forth below. Surf On Demand and Client are sometimes referred to in these terms and conditions individually as a “Party” and collectively as the “Parties”. Surf On Demand Inc. is not an air carrier and does not own or operate any aircraft. Surf On Demand Inc. acts as a principal. All flights sold as a principal or arranged as an agent by Surf On Demand Inc. are operated by Southern Airways Express or independent, third-party air carriers.

GENERAL
Flights provided by Surf On Demand for Client are performed by independent, third-party FAA-licensed and DOT-registered air carriers (each, an “Air Carrier”) that have undergone Surf On Demand’s safety assessment. Requested flight times are approximate; exact times and aircraft will be confirmed by our team. The Air Carrier for your charter may not known at the time of booking but will be provided with your booking confirmation.

INSTANT BOOK
Instant Book is Surf On Demand’s pricing and availability guarantee. Surf On Demand guarantees the price, and availability of your selected aircraft and gives you peace of mind that there will be no additional costs to confirm your booking on the selected aircraft model or a comparable aircraft within the same category. A sliding departure may apply to all non member instant bookings and exact times will be provided along with your confirmation. Most domestic flights booked outside of 72 hours from scheduled departure qualify for Instant Book, flights booked fly.surfair.com that qualify for Instant Book are clearly notated with an instant book checkmark. If you book your flight with our team, they will let you know in writing if your flight qualifies for Instant Book at the time of booking.

FLIGHT RECOVERY
Surf On Demand offers complimentary flight recovery to all Members with Surf On Demand Credit. Should any issues arise with an aircraft post-booking, Surf On Demand will provide at least one complimentary and comparable alternative option. Members have the option to accept the alternative, request additional options which may incur additional costs, or receive a full refund in Surf On Demand Credit. Non Credit Members will be presented with options that may be subject to additional cost or can opt to receive a full refund in Surf On Demand Credit. Complimentary recovery does not apply to flights categorized as empty legs.

SUPPLEMENTAL CHARGES
Client understands that total cost of the trip is subject to change as a result of increased taxi or flight time due to Air Traffic Control delays, the use of alternate airports due to weather conditions, FAA Temporary Flight Restrictions and customs clearance or availability. Additional fees such as unforeseen fuel surcharges, Wi-fi and phone charges, hangar, deicing, special cleaning, special event, call-out and international fees, crew expenses and similar out of pocket expenses relating to the services provided will be billed at cost. Optional add-ons including but not limited to: Ground transportation, catering, special stock requests, etc will be charged to the Client with a service fee. Client understands that full settlement of trips may take up to six months to be invoiced as well as, agrees to indemnify and reimburse Surf Air for all expenses incurred by Client or their guests.

DOCUMENTATION
In accordance with the United States Transportation Security Administration (“TSA”) regulations and other governmental regulations, Client is required to comply with all TSA regulations, and will be required to present valid identification prior to departure for all flights. For international flights, Client must have a valid passport in his or her possession as well as any required visas or other entry documentation. Surf On Demand may share personal identifiable information you provide to us with authorized representatives of Air Carrier. The Air Carrier shall have the right to refuse boarding to any person without the required documentation or as a result of non-compliance with TSA or other government regulation without recourse or further obligation to Client by Surf On Demand or the Air Carrier.

ITINERARY/MANIFEST CHANGES AND TRANSMITTAL OF CHANGES
Itinerary and manifest changes are permitted and may be requested up until 72 hours prior to contracted departure. Changes are subject to aircraft/crew availability and any applicable price adjustments will apply. Notification of changes and/or cancellations must be in writing and transmitted to ondemand@surfair.com. Passengers who cancel inside our cancellation policy, who are no-shows or passengers arriving more than 15 minutes past the scheduled departure time will forfeit 100% of the flight costs.

CANCELLATION POLICY
One-way or multi-leg bookings on aircraft categorized as midsize or larger are non-refundable once confirmed. Members: Flights canceled at least 48 hours prior to the departure time are eligible for a 100% refund in Surf On Demand credit. Non-Members: Flights canceled at least 72 hours prior to the departure time are eligible for a 100% refund in Surf On Demand credit. 

RESPONSIBILITY
Surf On Demand shall not be liable for any injury, damage, loss, expense, indirect, special or consequential damages, or other irregularity caused by the defect of any vehicle or conveyance, or the negligence of any company or person engaged in conveying Client or carrying out the arrangements for Client’s trip or by accident, delay, flight schedule, change, cancellation, sickness, weather, strikes, war, quarantine, or any similar cause.

FORCE MAJEURE
Notwithstanding anything to the contrary, neither Surf On Demand nor any Air Carrier subcontracted by Surf On Demand is liable for the delay or failure to provide an aircraft or perform the on-demand flight service when such delay or failure is caused by Force Majeure. “Force Majeure” means an act of God, strike or lockout or other labor dispute, act of a public enemy, war (declared or undeclared), terrorism, public health concern, a positive diagnosis of a communicable disease such as but not limited to COVID-19, quarantine (whether declared by a national authority or by an international organization such as the United Nations), Flight Restrictions in the Proximity of the Presidential and Other Parties (14 CFR Section 91.141), blockade, revolution, civil commotion, fire, any weather-related event affecting the safety of flight, flood, earthquake, explosion, governmental restraint, embargo, mechanicals, inability to obtain or delay in obtaining equipment, parts or transport, inability to obtain or delay in obtaining governmental approvals including TFR’s, permits, licenses or allocations, and any other cause outside of the complete control of Surf On Demand or the Air Carrier, as applicable, whether or not of the kind specifically listed above. In addition, Client understands and agrees that when, in the sole discretion of the Air Carrier or the pilots of an aircraft, safety may be compromised, Surf On Demand, such Air Carrier or the crew of the aircraft may cancel an on-demand flight service, refuse to commence a flight service, or take other necessary action without breaching its duties or obligations to Client or be liable for any loss, injury, damage or delay. Notwithstanding the above, in the event an on-demand flight is canceled as a result of events outlined above, Surf On Demand will provide the services described under “Responsibility” above.

INSURANCE:
Surf On Demand does not own or operate any aircraft on which the on-demand flight services are performed, and does not directly carry any aviation insurance unless specifically noted. The client understands and agrees that it is the sole responsibility of the Air Carrier to maintain aviation liability insurance coverage. An Air Carrier’s liability insurance certificate may be obtained at the Client’s request.

CARRIAGE OF FIREARMS & HAZARDOUS MATERIAL (HAZMAT):
Surf On Demand or the Air Carrier must be notified at the time of booking if the passengers wish to transport a firearm or hazmat onboard the Air Carrier’s aircraft. Firearms are allowed onboard the aircraft so long as they are transported in accordance with FAA/TSA regulations and are inspected by qualified staff of the Air Carrier.

PETS
Pets are generally allowed. However, prior approval is required and acceptance will be determined on a variety of factors. Additional charges may apply.

PASSENGER AND BAGGAGE WEIGHT RESTRICTIONS
Due to aircraft performance limitations, Clients and their guest(s) will be required to provide their personal weight and estimate of planned baggage weight. The Pilot-In-Command will have final determination on any baggage item that is either overweight or oversized. For flights booked within 48 hours from departure, the client must provide complete passenger information, along with passenger and luggage weight / description at the time of booking. Any subsequent changes are subject to final approval from the Pilot in Command.

INTERNATIONAL FLIGHTS
All international flights will be considered tentative pending receipt of all required authorizations and permits. In rare instances, specific cancellation terms may apply to international flights and these will be communicated by Surf On Demand on a case-by-case basis.

LANDING PERMITS AND AIRPORT SLOTS
Flights to and from major airports are are subject to slot availability and landing permits. Actual departure or arrival times may differ from contracted times. Surf On Demand is not responsible for any delays as a result of slot, permit, customs and border or other operational changes and restrictions. Members with the Credit, Destination or Guaranteed rate add-on who request flights at major and/or congested airports may be subject to additional charges.

PASSENGER CONTACT INFORMATION
Collection and accuracy of all passenger contact information will be the responsibility of the Client signing these terms and conditions with Surf On Demand. If that person is to be a passenger on the quoted flight, they will be responsible to designate an alternate contact not traveling on the same flight. In the event of any incident or accident, it will be the responsibility of that person/alternate to make contact with all involved passenger representatives.

INDEMNITY
Client agrees to indemnify and hold Surf On Demand and its affiliates and their respective officers, directors, managers, employees and agents (each, an “Indemnified Party”), harmless from and against any and all claims, loss, damage, demands, losses, liabilities, injury or expense (including attorneys’ fees and costs) (collectively, “Losses”) that the Indemnified Party incurs arising out of or in connection with Client’s gross negligence, willful misconduct, violation of the rights of any third party (including other passengers) or third-party goods or service providers; provided, however that Client shall not be liable for the indemnification of any Losses arising out of the Indemnified Party’s gross negligence, willful misconduct or breach of these terms and conditions.

ARBITRATION
In the event of a dispute under the price quotation or these terms and conditions, where such dispute has not been settled within ninety (90) days after written notice from either Party to the other of the existence of the dispute, the Parties agree that, at the request of either Party, such dispute will be submitted exclusively for binding arbitration. Arbitration conditions can be found here: https://www.surfondemand.com/us/legal/

PRIVACY POLICY
Surf On Demand respects the privacy of each Client. By using any of Surf On Demand’s sites and services or otherwise providing Surf On Demand with any information, the Client hereby consents to the handling of their information as described in Surf On Demand’s privacy policy, which can be viewed on its website at https://www.surfondemand.com/us/legal/#section-1

PRICES, PAYMENTS
All prices quoted in the attached price quotation are accurate on the date quoted. Flights are not confirmed until payment is completed at checkout. Payment or credit card pre-authorization for wire payments will be due upon booking an on-demand flight.

PAYMENT AUTHORIZATION:
Prepayment via credit card is required at the time of booking to secure the reservation. Prices are not guaranteed until payment is received. If paying by wire, a credit card will be collected to remain on file for pre-authorization.

EMPTY LEG FLIGHTS:
Flights classified as empty legs are make and model specific, for the entire aircraft, subject to availability and non refundable once booked. Changes in the itinerary may be requested but are not guaranteed and subject to additional charges. Complimentary recovery does not apply to flights categorized as empty legs.

Destination Membership
Terms & Conditions

• Overview
  1. The Destination Membership Is A Premium Add-On Available Exclusively To Surf On Demand Members. It Offers Fixed-Price, Discounted Private Flights Aboard The Pilatus Pc-12 Or Equivalent Turboprop Aircraft. This Membership Is Ideal For Clients Who Value Cost Savings And Are Willing To Be Flexible With Departure Times And Aircraft Availability.
• Membership Requirements
  1. Surf On Demand Membership Is Required. Fee: $3,540 Annually.
  2. A Lead Member Must Be On Every Flight, Additional Named Lead Passengers May Be Added For A One-Time Fee Of $3,540 Per Individual.
• Flight Packages
  1. All distances are calculated using Great Circle Distance. Rates do not include 7.5% Federal Excise Tax 

• Flight Requests & Availability
  1. All Flight Requests Must Be Submitted Through The Official Destination Membership Booking Form Provided At Enrollment.
  2. Availability Is Not Guaranteed. If Your Requested Date Or Time Is Unavailable, Surf On Demand Will Provide At Least One Alternative Option Within Your Membership Parameters. Premium Alternatives May Be Available At Additional Cost.
  3. For Guaranteed Availability With Short Notice, Please Speak With A Membership Director About Programs That Include This Benefit.
• Flight Time Flexibility
  1. Members Must Be Flexible With Flight Scheduling. Flexibility Depends On The Advance Notice Of The Request:
     1. Request Made More Than 9 Days In Advance: Member Must Be Flexible ±2 Hours
     2. Request Made Within 9 Days From Departure: Member Must Be Flexible ±3 Hours
     3. Specific Time Request: Members May Lock A Specific Departure Time Earlier By Paying A $2,500 Fee.

•  Qualifying Airports & Exceptions
  1. Flights Must Originate And Terminate At Surf On Demand-Approved Domestic Airports. Some Airports May Be Excluded Due To Runway Restrictions, Local Governance, Or Operational Concerns.
  2. Exceptions: Mileage And Airport Exceptions Can Be Requested And May Be Approved On A Case-By-Case Basis. Approved Exceptions May Incur Additional Costs.
• Expiration & Usage
  1. Flight Legs Expire On The Earliest Of The Following:
     1. Once Used
     2. After 12 Calendar Months From The Date Of Purchase
     3. Upon Termination Of Your Surf On Demand Membership
     4. Each Leg Counts As A Separate Flight.
• Aircraft & Equipment 
  1. Surf On Demand Will Provide A Pilatus Pc-12 Or An Equivalent 8-Seat Turboprop Aircraft Suitable For Your Mission. Specific Aircraft Models Or Interiors Are Not Guaranteed. Specific Aircraft Requests May Incur Additional Charges.
• Cancellation & Recovery
  1. Cancellations Made 48 Hours Or More Before Scheduled Departure: The Flight Leg Will Be Credited Back To Your Membership Balance.
  2. Cancellations Within 48 Hours Of Departure: The Leg Will Be Forfeited.
  3. If A Booked Flight Becomes Unavailable Due To Mechanical Or Other Unforeseen Events, Surf On Demand Will Offer At Least One Complimentary Backup Option. 
     • Members May Accept The Complimentary Option, Request An Alternative Option And Cover The Cost Difference, Or Have The Leg Returned To Their Balance For Future Rebooking.
• Adjustments & Limitations
  1. Members Are Required To Remain Flexible In Order To Participate In This Program.
  2. Surf On Demand May Adjust Your Membership Balance For Clerical Or Billing Errors, And May Suspend Or Terminate Access Due To Fraud, Misuse, Or Abuse Of The Program.
• Supplemental Fees
  1. Additional Charges May Apply For:
     • Delays Due To ATC, Weather, Or Rerouting
     • Use Of Alternate Airports, Customs Services, Or International Permissions
     • Fuel Surcharges, Hangar Fees, De-Icing, Wi-Fi 
     • Special Cleaning, Ground Transportation, Catering, And Other Concierge Services
     • Crew Accommodations Or Event-Related Expenses
  2. Final Settlement Of Some Expenses May Take Up To Six Months Post-Trip.
• Pets
  1. Pets Are Generally Welcome Aboard Destination Membership Flights. Prior Approval Is Required, And Additional Cleaning Or Handling Charges May Apply Depending On Size, Breed, Or Aircraft Type.
• Communications
  1. All Pre-Booking Flight Requests Must Be Submitted Via The Official Destination Membership Request Form.
  2. Requests Made By Other Methods (E.G., Phone, Text, Or Email) Will Incur An Additional Per-Leg Fee Of $500. 
  3. Post-Booking Changes Or Cancellations Should Be Directed To: Trips@Surfondemand.Com.
• Purchase & Acknowledgment
  1. This Membership Add-On Can Only Be Purchased Through A Surf On Demand Membership Director.
  2. All Members Must Acknowledge And Accept These Terms & Conditions Prior To Enrollment.
  3. All Flight Legs Have No Cash Value And May Not Be Redeemed For Cash, Transferred, Or Sold.
• Passenger Contact Information
  1. Collection And Accuracy Of All Passenger Contact Information Will Be The Responsibility Of The Client Signing These Terms And Conditions With Surf On Demand. If That Person Is To Be A Passenger On The Quoted Flight, They Will Be Responsible To Designate An Alternate Contact Not Traveling On The Same Flight. In The Event Of Any Incident Or Accident, It Will Be The Responsibility Of That Person/Alternate To Make Contact With All Involved Passenger Representatives.
• Landing Permits And Airport Slots
  1. Flights To And From Major Airports Are Subject To Slot Availability And Landing Permits. Actual Departure Or Arrival Times May Differ From Contracted Times. Surf On Demand Is Not Responsible For Any Delays As A Result Of Slot, Permit, Customs And Border Or Other Operational Changes And Restrictions. Members With The Credit, Destination Or Guaranteed Rate Add-On Who Request Flights At Major And/Or Congested Airports May Be Subject To Additional Charges.
• Indemnity
  1. Client Agrees To Indemnify And Hold Surf On Demand And Its Affiliates And Their Respective Officers, Directors, Managers, Employees And Agents (Each, An “Indemnified Party”), Harmless From And Against Any And All Claims, Loss, Damage, Demands, Losses, Liabilities, Injury Or Expense (Including Attorneys’ Fees And Costs) (Collectively, “Losses”) That The Indemnified Party Incurs Arising Out Of Or In Connection With Client’s Gross Negligence, Willful Misconduct, Violation Of The Rights Of Any Third Party (Including Other Passengers) Or Third-Party Goods Or Service Providers; Provided, However That Client Shall Not Be Liable For The Indemnification Of Any Losses Arising Out Of The Indemnified Party’s Gross Negligence, Willful Misconduct Or Breach Of These Terms And Conditions.

• Arbitration
  1. In The Event Of A Dispute Under The Price Quotation Or These Terms And Conditions, Where Such Dispute Has Not Been Settled Within Ninety (90) Days After Written Notice From Either Party To The Other Of The Existence Of The Dispute, The Parties Agree That, At The Request Of Either Party, Such Dispute Will Be Submitted Exclusively For Binding Arbitration. Arbitration Conditions Can Be Found Here: Https://Www.Surfair.Com/Us/Legal/
• Privacy Policy
  1. Surf On Demand Respects The Privacy Of Each Client. By Using Any Of Surf On Demand’s Sites And Services Or Otherwise Providing Surf On Demand With Any Information, The Client Hereby Consents To The Handling Of Their Information As Described In Surf On Demand’s Privacy Policy, Which Can Be Viewed On Its Website.
• Insurance:
  1. Surf On Demand Does Not Own Or Operate Any Aircraft On Which The On-Demand Flight Services Are Performed, And Does Not Directly Carry Any Aviation Insurance Unless Specifically Noted. The Client Understands And Agrees That It Is The Sole Responsibility Of The Air Carrier To Maintain Aviation Liability Insurance Coverage. An Air Carrier’s Liability Insurance Certificate May Be Obtained At The Client’s Request.
• Carriage Of Firearms & Hazardous Material (Hazmat):
  1. Surf On Demand Or The Air Carrier Must Be Notified At The Time Of Booking If The Passengers Wish To Transport A Firearm Or Hazmat Onboard The Air Carrier’s Aircraft. Firearms Are Allowed Onboard The Aircraft So Long As They Are Transported In Accordance With Faa/Tsa Regulations And Are Inspected By Qualified Staff Of The Air Carrier.
• Responsibility
  1. Surf On Demand Shall Not Be Liable For Any Injury, Damage, Loss, Expense, Indirect, Special Or Consequential Damages, Or Other Irregularity Caused By The Defect Of Any Vehicle Or Conveyance, Or The Negligence Of Any Company Or Person Engaged In Conveying Client Or Carrying Out The Arrangements For Client’s Trip Or By Accident, Delay, Flight Schedule, Change, Cancellation, Sickness, Weather, Strikes, War, Quarantine, Or Any Similar Cause.
• Force Majeure
  1. Notwithstanding Anything To The Contrary, Neither Surf On Demand Nor Any Air Carrier Subcontracted By Surf On Demand Is Liable For The Delay Or Failure To Provide An Aircraft Or Perform The On-Demand Flight Service When Such Delay Or Failure Is Caused By Force Majeure. “Force Majeure” Means An Act Of God, Strike Or Lockout Or Other Labor Dispute, Act Of A Public Enemy, War (Declared Or Undeclared), Terrorism, Public Health Concern, A Positive Diagnosis Of A Communicable Disease Such As But Not Limited To Covid-19, Quarantine (Whether Declared By A National Authority Or By An International Organization Such As The United Nations), Flight Restrictions In The Proximity Of The Presidential And Other Parties (14 Cfr Section 91.141), Blockade, Revolution, Civil Commotion, Fire, Any Weather-Related Event Affecting The Safety Of Flight, Flood, Earthquake, Explosion, Governmental Restraint, Embargo, Mechanicals, Inability To Obtain Or Delay In Obtaining Equipment, Parts Or Transport, Inability To Obtain Or Delay In Obtaining Governmental Approvals Including Tfr’s, Permits, Licenses Or Allocations, And Any Other Cause Outside Of The Complete Control Of Surf On Demand Or The Air Carrier, As Applicable, Whether Or Not Of The Kind Specifically Listed Above. In Addition, Client Understands And Agrees That When, In The Sole Discretion Of The Air Carrier Or The Pilots Of An Aircraft, Safety May Be Compromised, Surf Air, Such On Demand Carrier Or The Crew Of The Aircraft May Cancel An On-Demand Flight Service, Refuse To Commence A Flight Service, Or Take Other Necessary Action Without Breaching Its Duties Or Obligations To Client Or Be Liable For Any Loss, Injury, Damage Or Delay. Notwithstanding The Above, In The Event An On-Demand Flight Is Canceled As A Result Of Events Outlined Above, Surf Air Will Provide The Services Described Under “Responsibility” Above.
• Documentation
  1. In Accordance With The United States Transportation Security Administration (“Tsa”) Regulations And Other Governmental Regulations, Client Is Required To Comply With All Tsa Regulations, And Will Be Required To Present Valid Identification Prior To Departure For All Flights. For International Flights, Client Must Have A Valid Passport In His Or Her Possession As Well As Any Required Visas Or Other Entry Documentation. Surf Air May Share Personal Identifiable Information You Provide To Us With Authorized Representatives Of Air Carrier. The Air Carrier Shall Have The Right To Refuse Boarding To Any Person Without The Required Documentation Or As A Result Of Non-Compliance With Tsa Or Other Government Regulation Without Recourse Or Further Obligation To Client By Surf On Demand Or The Air Carrier.

• Membership Dues – Annual Surf On Demand Membership is required.
• Taxes & Fees — FET and segment Fees are not included in hourly rates and are deducted from the account balance when applicable.
• Booking Notice – Minimum advance notice varies by Jet Card tier.
• Flight Cancellations – 100% refund in flight credit if canceled 48+ hours before departure; non-refundable inside 48 hours.
• International Flights – Subject to permit and slot availability.
• Discounted Rates – Available for same-day round-trip flights.
• Billing: Flight time is billed in six-minute (0.1 hour) increments, with a minimum charge per flight segment as specified
• Lead Passenger Requirement – The named Jet Card holder must be on board each flight. Authorized flyers may be designated upon request.
• Minimum Flight Time – Flights are subject to minimum billable flight hours per segment, including taxi time.
• Additional Fees – No repositioning fees, but overnight crew charges and peak period/fuel surcharges may apply.
• Complimentary Catering – Available for Platinum and Elite members ($100 per passenger per flight towards premium catering).
• Refund Policy – Funds valid for 24 months. Refunds are based on non-member marketplace flight price on the date of refund request.
• Per Flight Policy – Each flight requires a physical, verbal, or digital contract outlining specific terms.
• Peak Travel Days – A 10% surcharge applies to the following peak travel periods: 01/04 – 01/05 (New Years), 02/14 – 02/17 (Presidents Day), 05/23 – 05/26 (Memorial Day), 09/19 – 09/21 (Labor Day), 11/26 – 11/30 (Thanksgiving), 12/24 – 12/31 (Christmas into NYE).
• Fuel Surcharge – Hourly rates under this Jet Card program currently include fuel. However, Surf On Demand reserves the right to implement a fuel surcharge in the event of a significant increase in fuel costs. Should fuel prices increase by more than 10% from the time of the jet card purchase and upon trip completion, Surf On Demand reserves the right to apply a fuel surcharge for the difference based on U.S. Gulf Coast (USGC) Jet-A Fuel Spot Price, as published by the U.S. Energy Information Administration (EIA).
• Minimum insurance – Single Engine Aircraft: $5,000,000 combined single limit each occurrence. Multi-Engine Aircraft: $25,000,000 combined single limit each occurrence. Multi-Engine Turboprop Aircraft: $50,000,000 combined single limit each occurrence. Turbofan Aircraft: $100,000,000 combined single limit each occurrence
• 72 Hour call out period may apply to all international trips and an additional 4 hour call out period may be required on domestic trips during peak travel days