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Terms and Conditions

Last Updated: July 10, 2019

Rent-A-Plane provides an online platform that connects Owners of Aircraft with Renters through the Rent-A-Plane.com website (hereafter referred to as “the Services”) and subject to the following Terms of Service (“TOS”). By using the Services in any way, you are agreeing to comply with the TOS. In addition, when using the Services, you agree to abide by any applicable posted guidelines for all the Services, which may change from time to time. Should you object to any term or condition of the TOS, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Services in any way, your only recourse is to immediately discontinue use of the Services.

YOU AGREE THAT RENT-A-PLANE DOES NOT ENTER INTO ANY AGREEMENTS BETWEEN OWNERS AND RENTERS. RENT-A-PLANE IS NOT AN AIRCRAFT BROKER OR INSURER. RENT-A-PLANE DOES NOT HAVE ANY CONTROL OVER THE BEHAVIOR OF OWNERS, RENTERS AND OTHER USERS OF THE SERVICES OR ANY AIRCRAFT AND DISCLAIMS ALL LIABILITY IN THIS RESPECT.

When opening or using an account on Rent-A-Plane on behalf of a business, entity, or company, you warrant that you: (i) are an approved representative of that entity with the ability to bind that company to all these Conditions and grant the licenses set forth; and (ii) consent to all these Conditions on behalf of such thing.

Definitions

“Aircraft Rental” Aircraft Owner transfers control and use of the Aircraft to Renter and Renter is responsible for all aspects of the Aircraft during the Rental including piloting.

“Aircraft(s)” means machine capable of flight.

“Rent-A-Plane Content” means all Content that Rent-A-Plane makes available through the Services, including any Content licensed from a third party, but excluding Member Content.

“Listing Content” means Member Content and Rent-A-Plane Content.

“Content” means text, graphics, images, music, software, audio, video, information and any other content or materials.

“Renter” means a Member who requests a Reservation of an Aircraft via the Services, or a Member who uses an Aircraft and is not the Owner for such Aircraft.

“Owner” means a person who creates and manages a Listing via the Services, is responsible for approving rentals, checking in or out a Renter, or responding to messages on the website. The Owner does not have to be the Aircraft Owner but will need to be appointed and approved by the Aircraft Owner.

“Listing” means an Aircraft that is listed by an Owner as available for rental via the Services.

“Member” means a person who completes Rent-A-Plane’s account registration process, including, but not limited to Owners and Renters

“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Services.

“Service Fee” The fee that is charged to the owner for aircraft booking.

“Owner Operator Pilot” A rental of an Aircraft whereby the Aircraft Owner makes their Aircraft available to the Renter, but the Owner remains responsible for all aspects of operating the Aircraft including but not limited to Piloting the Aircraft. An Owner of an Aircraft rented pursuant to Owner Operator Pilot must ensure compliance with all applicable FAA, local, state and federal laws for the specific type of operation of the Aircraft.

Modifications to This Agreement

Rent-A-Plane reserves the right, at its sole discretion, to modify the Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will provide you with notice of the modification. We provide the “Last Updated Date” at the top of these Terms. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.

Minimum Age

The Services are intended solely for persons who are 17 or older. The minimum age for a private pilot for powered flight is 17. Any access to or use of the Services by anyone under 17 is expressly prohibited. By accessing or using the Services you represent and warrant that you are 17 or older.

How the Services Work

The Services are provided to enable the listing and Reservation of Aircraft. Aircraft are listed by Owners on the Services. Anyone may view Listings without registering. If you would like to rent an Aircraft or create a Listing, you must first register and create an Account (defined below). As stated above, Rent-A-Plane provides a platform for Renters and Owners to coordinate and arrange for the rental of Aircraft.

RENT-A-PLANE DOES NOT OWN OR OPERATE ANY AIRCRAFT, NOR DOES IT LIST OR PROVIDE ANY AIRCRAFT ON THE SERVICES FOR RENT. RENT-A-PLANE DOES NOT MANAGE OR CONTROL AIRCRAFT OR TRANSPORTATION SERVICES. RENT-A-PLANE’S OBLIGATIONS ARE LIMITED TO: (I) PROVIDING THE SERVICES. THE SERVICES ARE FOR THE PURPOSE OF ENABLING THE RESERVATION OF AIRCRAFT ONLY. RENT-A-PLANE DISCLAIMS ANY AND ALL LIABILITY RELATED TO AIRCRAFT LISTING CONTENT. ANY RESERVATIONS ARE MADE AT THE OWNERS AND RENTER’S OWN RISK.

Account Registration

To access specific features of the Services, to Rent an Aircraft or create a Listing, you must first create an account (“Rent-A-Plane Account”) and become a Member. You may use the Services to create an account. Your account will be established with the personal information you provide us with.

Registered users may have (1) active Rent-A-Plane Account. We ask that you provide us with the most up-to-date and complete information during the account creation process and that you keep it updated. Rent-A-Plane reserves the right to terminate access to the Services if a user creates more than (1) account or provides any information that is knowingly false and inaccurate.

You are responsible for safeguarding your password. You agree that you will not share your credentials to anyone and that you take full responsibility for any activities or actions under your Rent-A-Plane Account. In addition, you agree to immediately notify Rent-A-Plane of any unauthorized access of your Rent-A-Plane Account.

Unless explicitly approved in writing by Rent-A-Plane, you may not sell, rent, or lease your Rent-A-Plane Account to anyone.

Aircraft Listings

As a Member, you may create Aircraft Listings. You will be guided through the listing process while being asked an array of questions about your Aircraft; such as, the location, type, features, rate, rules, and payment methods. You understand and agree that once published Aircraft Listings are viewable on the Internet by anyone through the Services. Registered Users may make a reservation for your Aircraft through the Services based on the data that you provided. You understand that once a Renter makes a reservation, the Rate may not be changed without first contacting the Renter to notify of the changes and giving them the opportunity to cancel without penalty.

You agree that any listings you post are your responsibility. Hence, you guarantee that any Listing you post of an Aircraft will follow all applicable laws, tax requirements, airport regulations, FAA rules and regulations, insurance requirements, and laws governing rentals and operation of Aircraft. Please note that Rent-A-Plane assumes no responsibility for an Owner’s compliance with any applicable laws, insurance requirements, FAA rules and regulations. Rent-A-Plane reserves the right, at any time and without prior notice to remove or disable access to any Listing for any reason, including Listings that Rent-A-Plane, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services.

You agree and understand that Rent-A-Plane is not an insurer or Reservation agent for you as an Owner. If a Renter requests a Reservation of your Aircraft you understand that Renter is collaborating with you, the Owner, directly. Any agreement you enter into with such Renter is between you and the Renter and Rent-A-Plane is not a party thereto.

No Endorsement

Rent-A-Plane does not endorse any Members or Aircraft.  Even though these Terms require Members to give true information, we do not try to affirm, or deny, any Member’s supposed identity or other information provided by such Member. You are responsible for determining the identity and suitability of others that you contact through the Services. Except as provided by the Rent-A-Plane Terms, we will not be responsible for any damage or injury resulting from your interactions with other Members.

By using the Services, you agree that any lawful liability or remedy which you attempt to obtain for actions or omissions of other Members or other third parties will be restricted to a claim against the specific Members or other third parties that caused you injury and you agree to not try to impose liability on, or even seek any legal treatment from Rent-A-Plane with respect to such activities or omissions. Consequently, we encourage you to communicate directly with other Members on the Services about any reservations or Listings made with you.

Bookings and Financial Terms for Owners

If you are an Owner and a Bookings is requested for your Aircraft through the Services, you will be required to either confirm or reject the Bookings within 24 hours of when the Bookings is requested, or the Bookings request might be automatically cancelled. When a Bookings is requested via the Services, we will send you the users contact information so that you can see their information prior to confirming or rejecting the Bookings. After you confirm a Bookings requested by a Renter, Rent-A-Plane will send you an email, text message or message through the Services confirming this type of Bookings, based on the selections that you create via the Services.

If the Renter requests a booking from one of the alternative listings and the Owner associated with such alternative listing confirms the Renter’s requested booking, then the Renter agrees to pay Rent-A-Plane the Total Fees relating to the confirmed booking for the Aircraft in the alternative listing, in accordance with these Terms.

Each Aircraft listing displays the hourly rental rate plus any additional fees that are included in the Total Aircraft Fees. The amount that is due and payable by a Renter is included in the Bookings and is collected directly by Rent-A-Plane. The Owner sets the Rental Rate and any additional charges in addition to the hourly rental rate. The Total Aircraft Fees may include deposit, taxes, and pre-paid fuel charges, at the Owner’s discretion.

The Owner may establish if the Rental Rate will include fuel. A ‘Wet’ Rental Rate includes fuel and a “Dry” Rental Rate does not include fuel. If the Renter purchases additional fuel on their own, the Renter must provide a receipt to be reimbursed by the Owner through Rent-A-Plane. Any rental related fuel purchased must be emailed to Rent-A-Plane at support@rent-a-plane.com with included Bookings invoice number to receive reimbursement.

Rent-A-Plane charges a 5% Service fee based upon a percentage of the total fees; this charge is referred to as the ‘Service Fees’. The Service Fee is included in the Total Fees collected, which will also include any applicable taxes. Rent-A-Plane collects the Total Fees on behalf of the Owner at the time of the booking confirmation (i.e. when the owner confirms the booking within 24 hours of the booking request) and will initiate payment of the rental fees (less Rent-A-Planes Service Fees as defined) to the Owner within two business days provided that Rent-A-Plane has the accurate account information after the Renter arrives at the applicable Aircraft (except to the extent that a refund is due to the Renter).

Should a Renter not respond to an inquiry (such as regarding a fuel expense), Rent-A-Plane may accept and process any outstanding charges, late fees, or fuel on behalf of that Renter.  If an Owner does not respond, Rent-A-Plane may process refunds or cancellations on behalf of that Owner. Failure to charge any of the fees or other indulgences shall not constitute a waiver of the right to exercise the same in the event another fee should become due at any other time.

You also agree that if Rent-A-Plane is unable to collect a debt that is due within 30 (thirty) days, it may resort to a third-party recovery service for the amount owed. In the event a third-party recovery service is used, you agree that Rent-A-Plane may pursue an action against you for the original amount owed, plus any commissions or expenses (including attorneys’ fees) related to pursuing said amount.

Aircraft Rental Requirements

The minimum requirements to rent and Aircraft from an Owner varies based on the Owner and the Owners Aircraft Insurance Requirements. Every insurance policy is different so it’s important for the Owner to verify these requirements and make sure the Aircraft is properly insured. In some cases, such as Aircraft Rental for training, a commercial policy, which is typically 2-3 times more premium than a personal and business use policy with an “Open Pilot Warranty” may be necessary. Rent-A-Plane does not provide any insurance coverage. The Owner is entirely responsible for providing proper Aircraft insurance coverage. It’s highly recommended that Owners require renters to carry Renters Insurance. This will cover any damage that the Renter may cause to the Owners Aircraft.

Bookings and Financial Terms for Renters

The Owners, not Rent-A-Plane, are solely responsible for honoring any confirmed Bookings and making available any aircraft reserved through the services. If you, as a Renter, choose to enter into a transaction with an Owner for the Rental of an Aircraft, you agree and understand that you will be required to enter into an agreement with the Owner and You agree to accept any terms, conditions, rules and restrictions associated with such Aircraft imposed by the Owner. You acknowledge and agree that you, and not Rent-A-Plane, will be responsible for performing the obligations of any such agreements, that Rent-A-Plane is not a party to such agreements, and that, with the exception of its obligations hereunder to pay Aircraft Fees to the applicable Owner, Rent-A-Plane disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Rent-A-Plane is not a party to the agreement between You and the Owner. Rent-A-Plane acts as the Owner’s limited payment agent for the limited purpose of accepting payments from You on behalf of the Owner. Upon your payment of amounts to Rent-A-Plane which are due to the Owner, your payment obligation to the Owner for such amounts is extinguished and Rent-A-Plane is responsible for remitting such amounts, less Rent-A-Plane’s Service Fees, to the Owner. If Rent-A-Plane does not remit any such amounts to an Owner, such Owner will have recourse for such amounts only against Rent-A-Plane.

Listings for Aircraft will specify the Total Fees. As noted above, the Owner is required to either confirm or reject the Bookings within 24 hours of when the Bookings is requested (as determined by Rent-A-Plane in its sole discretion) or the requested Bookings may be automatically canceled. If a requested Bookings is canceled, any amounts collected by the Owner shall be refunded to such Renter, depending on the selections the Renter makes via the Services, and any pre-authorization of such Renter’s credit card will be released, if applicable.

You agree to pay Rent-A-Plane for the Total Fees for any booking requested in connection with your Rent-A-Plane Account if such requested bookings are confirmed by the applicable Owner. In order to establish a booking pending the applicable Owner’s confirmation of your requested booking, you understand and agree that Rent-A-Plane, on behalf of the Owner, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1) to verify your credit card. Once Rent-A-Plane receives confirmation of your booking from the applicable Owner, Rent-A-Plane will collect the Total Fees in accordance with these Terms and the pricing terms set forth in the applicable Listing. Please note that Rent-A-Plane cannot control any fees that may be charged to a Renter by his or her bank related to Rent-A-Plane’s collection of the Total Fees and Rent-A-Plane disclaims all liability in this regard.

In connection with your requested booking, you will be asked to provide billing information such as name, billing address and credit card information either to Rent-A-Plane or its third-party payment processor. You agree to pay Rent-A-Plane for any confirmed bookings made in connection with your Rent-A-Plane Account in accordance with these Terms by one of the methods described on the Service – e.g. by PayPal or credit card. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by Rent-A-Plane or indirectly, via a third-party online payment processor or by one of the payment methods described on the Services. You also authorize Rent-A-Plane to charge your credit card in the event of damage caused on a Boat as contemplated under “Damage to Boats” below and for Security Deposits, if applicable. If you are directed to Rent-A-Plane’s third-party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.

Pilots

Owner Operator Pilot:  The Renter may elect to include a Pilot with the Rental if that is an available option. The Owner Operator Pilot is required to meet all necessary FAA licensing and certifications. It’s the Owner Operator Pilot responsibility to follow all necessary FAA requirements

RENT-A-PLANE CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS OR OFFERINGS BY OWNER OPERATOR PILOTS NOR THE CONDITION, LEGALITY, SUITABILITY, INSURABILITY OR QUALIFICATIONS OF ANY PILOTS. RENT-A-PLANE NEVER APPROVES OR ENDORSES ANY PILOT.

Damage to Aircraft – Rentals

As a Renter, you are responsible for returning the Aircraft in the same condition it was at delivery, fair wear and tear excepted. You acknowledge and agree that, as a Renter, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to, or otherwise provide access to the Aircraft. In the event that following the conclusion of a rental, an Aircraft Owner claims that the Aircraft has been damaged during the rental and provides evidence of damage, including but not limited to, photographs, or other evidence you agree to pay the cost of repairing the damage or replacing the damaged items with equivalent items. After being notified of the claim and given forty-eight (48) hours you agree to remit payment for any damage to the Aircraft to the applicable Aircraft Owner.

Cancellations and Refunds

If, as a Renter, you cancel your requested Reservation before the requested Reservation is confirmed by an Owner, Rent-A-Plane shall cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested Reservation within a commercially reasonable time. If, as a Renter, you wish to cancel a confirmed Reservation made via the Services, either prior to or after arriving at the Aircraft, the cancellation policy of the Owner contained in the applicable Listing will apply to such cancellation.

If an Owner cancels a confirmed Reservation made via the Services, Rent-A-Plane shall refund the Total Fees for such Reservation to the applicable Renter within a commercially reasonable time of the cancellation. If an Owner cancels a confirmed Reservation and you, as a Renter, have not received an email or other communication from Owner, please contact our support team at: support@rent-a-plane.com.

Taxes

You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. Rent-A-Plane cannot and does not offer Tax-related advice to any Members of the Site, Application and Services. Additionally, please note that each Owner is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings.

You can read more on taxes by clicking on the link to the IRS page that better explains the Sharing Economy Tax.

User Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Services and Content. In connection with your use of our Services, you may not and you agree that you will not:

  • violate any local, state, provincial, national, maritime or other law or regulation, or any order of a court, including, without limitation, zoning restrictions, admiralty law and Tax regulations;
  • use manual or automated software, devices, scripts, robots, other means or processes to access, scrape, crawl or spider any web pages or other services contained in the Services or Content;
  • use the Services for any commercial or other purposes that are not expressly permitted by these Terms;
  • Falsely imply that Rent-A-Plane endorses you, is a partner, or otherwise misleads others as to your affiliation with Rent-A-Plane;
  • copy, store or otherwise access any information contained on the Services or Content for purposes not expressly permitted by these Terms;
  • Use airports where you have not been authorized to operate.
  • infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
  • interfere with or damage our Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  • use our Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
  • use our Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to the rental of Aircraft;
  • stalk or harass any other user of our Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Rent-A-Plane Renter or Owner;
  • offer, as an Owner, any Aircraft that you do not yourself own or have permission to rent
  • offer, as an Owner, any Aircraft that may not be rented pursuant to the terms and conditions of an agreement with a third party;
  • register for more than one Rent-A-Plane Account or register for a Rent-A-Plane Account on behalf of an individual other than yourself;
  • contact an Owner for any purpose other than asking a question related to a Reservation such Owner’s Aircraft or Listings;
  • contact a Renter for any purpose other than asking a question related to a Reservation or such Renter’s use of the Site, Application and Services;
  • when acting as a Renter or otherwise, recruit or otherwise solicit any Owner or other Member to join third party services or websites that are competitive to Rent-A-Plane, without Rent-A-Plane’s prior written approval;
  • impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
  • use automated scripts to collect information or otherwise interact with the Services;
  • as an Owner, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honor;
  • post, upload, publish, submit or transmit any Content that, in Rent-A-Plane’s sole judgment: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
  • systematically retrieve data or other content from our Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
  • use, display, mirror or frame the Services, or any individual element within the Services, Rent-A-Plane’s name, any Rent-A-Plane trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Rent-A-Plane’s express written consent;
  • access, tamper with, or use non-public areas of the Services, Rent-A-Plane’s computer systems, or the technical delivery systems of Rent-A-Plane’s providers;
  • attempt to probe, scan, or test the vulnerability of any Rent-A-Plane system or network or breach any security or authentication measures;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Rent-A-Plane or any of Rent-A-Plane’s providers or any other third party (including another user) to protect the Services or Collective Content;
  • forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Collective Content to send altered, deceptive or false source-identifying information;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Collective Content; or
  • advocate, encourage, or assist any third party in doing any of the foregoing.

Rent-A-Plane will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Rent-A-Plane may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Rent-A-Plane has no obligation to monitor your access to or use of the Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Rent-A-Plane reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Rent-A-Plane, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services.

Privacy

See Rent-A-Plane’s Privacy Policy at http://www.Rent-A-Plane.co/privacy for information and notices concerning Rent-A-Plane’s collection and use of your personal information.

Ownership

The Services are owned and operated by Rent-A-Plane. Unless otherwise indicated, all content, information, and other materials on the Services (excluding Member Content), including, without limitation, Rent-A-Plane’s trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files and the selection and arrangement thereof (collectively, the “Materials”) are protected by relevant intellectual property and proprietary rights and laws. All Materials contained on the Services are the property of Rent-A-Plane or its subsidiaries or affiliated companies and/or third-party licensors. Unless otherwise expressly stated in writing by Rent-A-Plane, by agreeing to these Terms you are granted a limited, non-sublicensable license (i.e. a personal and limited right) to access and use the Services solely for your personal use or business use as identified in these Terms.  Rent-A-Plane can terminate this license at any time, without notice.

No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Rent-A-Plane or its licensors, except for the licenses and rights expressly granted in these Terms.

Member Content, License to Rent-A-Plane

Unless otherwise agreed to in a written agreement between you and Rent-A-Plane that was signed by an authorized representative of Rent-A-Plane, if you submit, transmit, display, perform, post or store Member Content using the Services, you grant Rent-A-Plane and its sublicensees an unrestricted, worldwide, perpetual, irrevocable, fully sub-licenseable, nonexclusive, and royalty-free right to (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Member Content (including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof)) in any form, format, media or media channels now known or later developed or discovered; and (b) use the name, identity, likeness and voice (or other biographical information) that you submit in connection with such Member Content.

Member Content Representations

You are solely responsible for your Member Content and the consequences of posting or publishing it. By uploading and publishing your Member Content, you represent, and warrant that: (1) you are the creator and owner of the Member Content or otherwise have sufficient rights and authority to grant the rights granted herein; (2) your Member Content does not and will not (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) defame any other person; and (3) your Member Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code. Rent-A-Plane reserves all rights and remedies against any Members who breach these representations and warranties.

Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that Rent-A-Plane is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Rent-A-Plane of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of Rent-A-Plane used herein are trademarks or registered trademarks of Rent-A-Plane. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You may submit Feedback through our support at: support@rent-a-plane.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of Rent-A-Plane and you assign to Rent-A-Plane all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Rent-A-Plane’s request and expense, you will execute documents and take such further acts as Rent-A-Plane may reasonably request to assist Rent-A-Plane to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

Copyright Dispute Policy

Rent-A-Plane respects copyright law and expects its users to do the same.  If you are a copyright owner or agent thereof and believe that content posted on the Rent-A-Plane Services infringes upon your copyright, please submit a notice to our support@rent-a-plane.com, and include further information about what to include in your notice, and where to submit your notice

Termination and Rent-A-Plane Account Cancellation

We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Services, and (b) deactivate or cancel your Rent-A-Plane Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event Rent-A-Plane terminates these Terms, or your access to our Services or deactivates or cancels your Rent-A-Plane Account you will remain liable for all amounts due hereunder. You may cancel your Rent-A-Plane Account at any time by contacting us via at support@rent-a-plane.com. Please note that if your Rent-A-Plane Account is canceled, we do not have an obligation to delete or return to you any Content you have posted to the Services, including, but not limited to, any reviews or Feedback.

Disclaimers

IF YOU CHOOSE TO USE THE SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT RENT-A-PLANE DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, RENTERS AND OWNERS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SERVICES, COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, RENT-A-PLANE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. RENT-A-PLANE MAKES NO WARRANTY THAT THE SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY AIRCRAFT, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. RENT-A-PLANE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, AIRCRAFT, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM RENT-A-PLANE OR THROUGH THE SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY OWNERS OR RENTERS. YOU UNDERSTAND THAT RENT-A-PLANE DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR INSPECT ANY AIRCRAFT. RENT-A-PLANE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RENTERS AND OWNERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY RENT-A-PLANE.

YOU AUTHORIZE RENT-A-PLANE, DIRECTLY OR THROUGH THIRD PARTIES SUCH AS COGNITO, TO MAKE ANY INQUIRIES WE CONSIDER NECESSARY TO HELP VERIFY OR CHECK YOUR IDENTITY OR PREVENT FRAUD. THIS MAY INCLUDE ASKING YOU TO PROVIDE A FORM OF GOVERNMENT IDENTIFICATION (E.G. DRIVER’S LICENSE OR PASSPORT), YOUR DATE OF BIRTH, AND OTHER INFORMATION REQUIRING YOU TO TAKE STEPS TO CONFIRM OWNERSHIP OF YOUR EMAIL ADDRESS, PAYMENT METHODS OR PAYOUT METHODS; OR ATTEMPTING TO SCREEN YOUR INFORMATION AGAINST THIRD PARTY DATABASES. RENT-A-PLANE RESERVES THE RIGHT TO CLOSE, SUSPEND, OR LIMIT ACCESS TO THE PAYMENT SERVICES IN THE EVENT WE ARE UNABLE TO OBTAIN OR VERIFY ANY OF THIS INFORMATION.

NOTWITHSTANDING RENT-A-PLANE’S APPOINTMENT AS THE LIMITED AGENT OF THE OWNERS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM RENTERS ON BEHALF OF THE OWNERS, RENT-A-PLANE EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY RENTER OR OTHER THIRD PARTY.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR RESERVATION OF AND USE OF ANY AIRCRAFT VIA THE SERVICES, , AND ANY CONTACT YOU HAVE WITH OTHER USERS OF THE SERVICES WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER RENT-A-PLANE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, OR FROM YOUR LISTING, RESERVATION, OR USE OF ANY AIRCRAFT VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT RENT-A-PLANE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE OWNERS PURSUANT TO THESE TERMS, IN NO EVENT WILL RENT-A-PLANE’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING, RESERVATION OR USE OF ANY AIRCRAFT VIA THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY AIRCRAFT OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID FOR RESERVATIONS VIA THE SITE, APPLICATION AND SERVICES AS A GUEST IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE AN OWNER, THE AMOUNTS PAID BY RENT-A-PLANE TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR TWO HUNDRED DOLLARS ($200), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN RENT-A-PLANE AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to release, defend, indemnify, and hold Rent-A-Plane and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Services or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) Reservation or use of an Aircraft, (iii) creation of a Listing or (iv) the use, condition or rental of an Aircraft by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, Reservation or use of an Aircraft.

Export Control and Restricted Countries

By using the Services, you represent and warrant that (i) neither you nor your listed Aircraft is located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons. Rent-A-Plane does not permit Listings associated with certain countries due to U.S. embargo restrictions.

Reporting Misconduct

If you interact with another user of the Services who you feel is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Rent-A-Plane by contacting us with your police station and report number via at support@rent-a-plane.com.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between Rent-A-Plane and you regarding the Services, Collective Content, and any Reservations or Listings of Aircraft made via the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Rent-A-Plane and you regarding the foregoing.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Rent-A-Plane’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, shall be void. Rent-A-Plane may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Rent-A-Plane (i) via email (in each case to the address that you provide) or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Controlling Law and Jurisdiction

By using the Services, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of Texas, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Rent-A-Plane.

You and we agree to submit to the personal jurisdiction of a state court located in Harris County, Houston, Texas or a United States District Court, Texas for any actions for which the parties seek injunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.

General

The failure of Rent-A-Plane to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Rent-A-Plane. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Contacting Rent-A-Plane

If you have any questions about these Terms of Service, please contact Support at support@rent-a-plane.com.

End Agreement.