We are so glad that you are taking the time to read these terms of use (the “Terms”). These Terms apply to any of the services or products offered by or on behalf of FlyHouse Technology, LLC and its affiliates, including but not limited to Golden West Airlines, LLC dba FlyHouse (“FlyHouse,” “We,” “Us” or “Our”). These Terms, together with the Charter Terms and Conditions (the “Charter Terms”), set out the legal terms on which FlyHouse’s private jet charter booking services are made available to you through our Services (defined below). They also cover any interactions or communications you have with us through our Services. By accepting these Terms, you acknowledge that you have read and accepted the agreement without modification. If you have any questions about the agreement, please seek independent legal counsel before agreeing to these terms of service or accessing or using the services.
Your use of our Services is conditioned upon your acceptance of these Terms. To book a Charter Flight, you must also accept these Terms, as well as the Charter Terms. If you do not accept the agreement without modification, do not accept these Terms and do not access or use the Services.
We may change these Terms at any time and your future use of our Services following changes to these Terms is subject to you accepting those updated Terms. We recommend that you save or print a copy of these Terms.
Section 12 of these Terms contains an arbitration agreement and class action waiver that apply to all claims brought against FlyHouse in the United States. Please read them carefully.
“we", “us” or “our” refers to FlyHouse Technology, LLC, a California limited liability company located at 7415 Hayvenhurst Place Van Nuys, CA 91406, Golden West Airlines, LLC d/b/a “FlyHouse,” a California limited liability company also located at 7415 Hayvenhurst Place Van Nuys, CA 91406, and their related affiliates and subsidiaries, which collectively provide our Services.
“FlyHouse” refers to us, and our parent companies, subsidiaries and corporate affiliates.
“our Partners” refers to any affiliated, co-branded or linked website through which FlyHouse provides content or services.
“our Service(s)” refers to the provision of our websites, including www.flyhouse.us (“Sites”), the FlyHouse desktop and mobile applications (the “Apps”) and other online tools.
“User” is any individual who accesses the Services.
“Charter Flight(s)” refers to the charter flights on private aircraft made available to you by private aircraft owners for booking through our Services.
“Charter Request(s)” refers to your request for one or more Charter Flights submitted using our Services.
“Bid Results” refers to the options for potential Charter Flights revealed to Charterer through our Services at the conclusion of the bidding period by Owners in response to your Charter Request.
“Owner(s)” refers to the entities or individuals who have completed the owner onboarding process through FlyHouse and is selling charter flights on his, her, their, or its aircraft through our Services.
“you” or “Charterer” refers to you, or any other person, using our Services to request charter flights and/or makes a booking using our Services.
“Charter Quote” refers to an offer by an Owner for a specific Charter Flight on a certain aircraft, on a specific date, for a specific price, displayed to the Charterer through our Services.
“Booking” refers to an accepted and scheduled Charter Quote once Charterer has accepted the Charter Terms and made the required payment at the time of booking.
We offer an online marketplace through which aircraft owners and users interested in booking charter flights on private aircraft can engage in a unique, technology-powered marketplace to bid for and book or sell private jet charters quickly and securely. Upon receiving a Charter Request through the Services, FlyHouse utilizes its proprietary technology to notify Owners of the Charter Request(s) and Owners may then (a) bid to charter their aircraft in a reverse live auction against other Owners, or (b) allow pre-selected auto-bid rates to bid against other live-bidding Owners and other auto-bidders utilizing FlyHouse’s proprietary auto-bid technology. Once the auction concludes, the Charterer will be shown the Bid Results of the Owners’ reverse auction, each of which is a valid Charter Quote that may be reviewed, accepted, and booked by the Charterer. Charterer is not obligated to accept any of the offered Charter Quotes. As part of our Services, we also use commercially reasonable efforts to confirm authenticity of the Charterers who submit Charter Requests through the Services. Further, FlyHouse does not share the personal information of Users or Charterers with Owners, nor the information of Owners with Users or Charterers.
To make a booking, you must accept the Terms and Charter Terms (the “Rules and Restrictions”). The relevant Rules and Restrictions are provided to you before you make a booking and are incorporated by reference into these Terms.If you violate any of the Rules and Restrictions, your booking may be cancelled, and you may be denied access to the relevant Charter Flight. You may also lose any money paid for such booking and either we or the Owner may debit your account for any costs we or they incur as a result of such violation.
Our Rules
We provide our Services to help you find Charter Quotes and available aircraft to charter, and to assist you in booking those Charter Flights. It is provided to you for no other purpose.
FlyHouse shall have the right, but not the obligation, to monitor all user content on the Services at all times, to determine compliance with this Agreement and/or any guidelines established by us.
All users are solely responsible for any content submitted to the Services (“User Content”). User Content and other information and recommendations on this Services are presented in good faith and believed to be correct. However, we make no representations or warranties, either express or implied, as to the completeness, accuracy or timeliness of any of any User Content on the Services or on any websites which are linked to the Services. FlyHouse also does not make any representations that any information, services, User Content, or products mentioned on the Services are fit for any particular purpose.
You agree that:
If you have an account with us, you will:
If you book on behalf of others:
You also agree that:
Access, Improvement, and Corrections
We may deny anyone access to our Services at any time for any valid reason. We may also make improvements and changes to our Services at any time. There may be information or features in the Services that contain typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
How we order your Charter Quotes
There may be many Bid Results available for review on our Services in response to any single Charter Request and we want to make your Bid Results as relevant as possible. At the conclusion of the auction period (which begins after you submit your Charter Request), you will see the overall lowest priced Charter Quote at the top, followed by the lowest available price option for each class of aircraft (i.e., Super Heavy, Heavy, Mid-Sized, etc.). Charterer has the ability to preview each of these options and review any additional aircraft details, photos, etc. provided by the aircraft’s Owner prior to booking.
We do not share your user information or identity with aircraft Owners at any time during your use of our Services. Conversely, we do not share Owner information or identities with Charterers. We take privacy very seriously. Please review our Privacy Policy for more information on how we protect your privacy.
Your Booking Confirmation includes the essential elements of your booking, such as the description of the Charter Flight(s) booked and the price.
We will send your Booking Confirmation, payment links, required questionnaires, and relevant follow-up communications to the email address you provide when you book. If you do not receive your Booking Confirmation within 24 hours of making your booking, please contact us at booking@flyhouse.us.
Price
The price of the Charter Flight will be as displayed in your Bid Results on our Services, except in cases of obvious error.
Prices for Charter Flights are dynamic and controlled by the aircraft Owners. The price quoted at the time of booking will not change once accepted, except in cases of obvious error. We reserve the right to correct any pricing errors on our Services.
If there is an obvious error and you have made a booking, we will offer you the opportunity to keep your booking by paying the correct price or we will cancel your booking without penalty. We have no obligation to make available Charter Flights to you at an incorrect (lower) price even after you have been sent a Booking Confirmation.
Payment
If Buyer proceeds to booking and accepts a Charter Quote, Buyer must pay 10% of the Charter Quote amount upon booking. PAYMENT: 10% of the Charter Quote is due upon acceptance of this Charter Quote. Full payment is due in 48 hours prior to the scheduled departure time of the quoted charter flight, unless booking occurs within 48 hours of the scheduled departure time. If a booking is made within 48 hours of the scheduled departure time, then payment in full is due at the time of booking. Additional information regarding payment and fees is provided to Buyer upon receiving a Charter Quote.
Payment verification
You authorize FlyHouse to:
Fees charged by banks
Some banks and card issuers impose fees for international or cross-border transactions. For example, if you make a booking using a card issued in a different country from the Travel Provider’s location or you choose to transact in a currency that is different from the local currency of our Services, your card issuer may charge you an international or cross-border transaction fee.
Also, some banks and card issuers impose fees for currency conversion. For example, if you make a booking in a currency different to the currency of your credit card, your card issuer may convert the booking amount to the currency of your credit card and charge you a conversion fee.
If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank or card issuer. FlyHouse is not associated or responsible for any fees relating to varying exchange rates and card issuer fees.
Alternative payment methods
We may partner with providers of alternative payment methods (such as consumer finance companies), to provide our travelers with alternative payment methods. FlyHouse does not endorse or recommend any alternative payment provider or their products or services. FlyHouse is not responsible for the content or the acts or omissions of any alternative payment provider. Your use of any such provider’s payment method is at your own risk and will be governed by such provider’s terms and policies.
Currency conversion
Any currency conversion rates displayed on our Services are based on public sources and current exchange rates, which may vary at the time of travel. Such rates are provided for information purposes only and FlyHouse does not guarantee the accuracy of such conversion rates.
Fraud
If a booking or account shows signs of fraud, abuse, association with a government-sanctioned person or entity, or other suspicious activity, we may request extra information from you.
If we reasonably conclude that a booking or account is associated with fraud or suspicious activity, we may:
Please contact us about the cancellation of a booking or closing of an account at booking@flyhouse.us.
All changes and cancellations made following booking are subject to the Cancellation Policy. You may be charged fees for cancelling (in full or part) or changing a booking. Such fees are set out in the Cancellation Policy. You agree to pay any charges that you incur. Please be aware that for changes, the price of your new arrangements will be based on the applicable price at the time you ask us to make the change. This price may not be the same as when you originally booked the Charter Flight. Cancellations or changes (with respect to the travel date, destination, place where the trip starts, property or means of transport) to a booking can be requested by contacting us at booking@flyhouse.us. Such changes may not be possible or may result in an increase in the price of the Charter Flight.
Other cancellation or change
We may cancel your booking if full payment for the booking, or any applicable cancellation/change charge or fee relating to a booking is not received when due.
For a variety of reasons (such as a acts of war, extreme weather, scheduling conflicts, etc.), it is possible that a booking may be cancelled or changed by either us or the Owner. If this happens, we will make reasonable efforts to notify you as soon as possible, and offer alternative options/assistance or a refund where possible.
International travel
Although most travel occurs without incident, travel to certain destinations may involve more risk than others. You must review any travel warnings/advice, etc. issued by the relevant governments before you book international travel. You should also monitor such travel warnings/advice during travel and before your return journey to help avoid and minimize any potential disruptions.
Health
Recommended inoculations/vaccinations may change at any time. You should consult your doctor on current recommendations before you depart. You are responsible for ensuring you:
Passport and visa
You must consult the relevant Embassy or Consulate for passport and visa information. Requirements may change so check for up-to-date information before booking and departure and allow sufficient time for all relevant applications.
FlyHouse is not liable if you are refused entry into any country due to your conduct, including your failure to carry the correct and adequate travel documents required by any authority or country (including countries you are transiting through). This includes all stops made by an aircraft, even if you do not leave the aircraft or airport.
FlyHouse does not represent or warrant that travel to international destinations is advisable or without risk and is not liable for damages or losses that may result from travel to such destinations.
Section 7. Liability
Our liability
To the maximum extent permitted by law, except as expressly set out in these Terms:
FlyHouse and our Partners disclaim, to the maximum extent permitted by law, all warranties and conditions that our Services, their servers or any email sent from us or our Partners are free of viruses or other harmful components.
To the maximum extent permitted by law and subject to the limitations in these Terms, neither FlyHouse nor our Partners will be liable for any direct, indirect, punitive, special, incidental or consequential losses or damages arising from:
whether based in negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if FlyHouse and our Partners have been advised of the possibility of such damages.
If FlyHouse or our Partners are found liable for any loss or damage under these Terms, then, to the maximum extent permitted by law, we shall only be liable to you for direct damages that were:
This limitation of liability reflects the allocation of risk between you and us. The limitations specified in this Section will survive and apply even if any limited remedy specified in these Terms is found to have failed its essential purpose. The limitations of liability provided in these Terms inure to the benefit of FlyHouse and our Partners.
Every instance of force majeure, including the interruption of means of communication or a strike by companies, airports, properties or air traffic controllers, will lead to the suspension of the obligations in these Terms that are affected by the force majeure event. In such a case the party affected by the force majeure event will not be liable as a result of the inability to meet such obligations.
Indemnity
You agree to defend and indemnify FlyHouse and our Partners and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature (“Losses”), including but not limited to, reasonable legal and accounting fees, brought by third parties as a result of:
to the extent that such Losses are not directly caused by the actions of FlyHouse or our Partners (as applicable).
Copyright and trademark notices
All contents of our Services are ©2023 FlyHouse Technology, LLC. All rights reserved. FlyHouse, FlyHouse Technology, www.flyhouse.us, the FlyHouse Logo, Golden West Airlines, and the “FlyHouse” plus Logo mark, among others, are trademarks or registered trademarks of FlyHouse Technology, LLC. Other logos and product and company names mentioned herein may be the trademarks of their respective owners. We are not responsible for content on websites operated by parties other than us.
Our Services may contain links to websites operated by parties other than us. Such links are provided for your reference only. We do not control such websites and are not responsible for their content or your use of them. Our inclusion of such links does not imply any endorsement of the material on such websites or any association with their operators.
If you are aware of an infringement of our brand, please let us know by emailing us at support@flyhouse.us. We only address messages concerning brand infringement at this email address.
Intellectual property infringement policy and complaints
We respect the intellectual property rights of others and expect our suppliers, partners, and users (collectively “Users”) to do the same. We have a policy of prohibiting Users from posting materials that infringe the copyright, trademark rights, or other intellectual property rights of others, and under appropriate circumstances we will terminate the account of Users who are repeat infringers.
Patent notices
One or more patents owned by us may apply to our Services and to the features and services accessible through our Services. Portions of our Services operate under license of one or more patents. Other patents pending.
Software
Any software made available to download from our Services or a mobile app store ("Software"), is the copyrighted work of FlyHouse or our respective suppliers. Your use of the Software is governed by the terms of the end user license agreement (if any) which accompanies the Software ("License Agreement"). You must first agree to the License Agreement to install, download or use any Software.
For any Software not accompanied by a License Agreement, we grant you a limited, personal, non-exclusive, non-transferable and non-sub-licensable license to download, install and use the Software for using our Services in line with these Terms and for no other purpose. The Software is provided to you free of any fees or charges.
All Software (such as all HTML code and Active X controls, etc.) contained in our Services, is owned by FlyHouse, our Partners or our respective suppliers. All Software is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is prohibited by law and may result in severe civil and criminal penalties. Anyone who violates this will be prosecuted.
Without limiting the above, copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited. The Software is warranted, if at all, only according to the terms of the License Agreement.
We are committed to the privacy, confidentiality, and security of personal information entrusted to us.
Please review our current Privacy Statement, which also governs your use of our Services and is incorporated by reference into these Terms, to understand our practices.
Use of our Services, sending us emails, and completing online forms constitutes electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on or through the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
Please read this Section carefully. It requires that any and all claims be resolved by binding arbitration, and it prevents you from pursuing a class action or similar proceeding in any forum.
Waiver of Jury Trial
EACH OF THE PARTIES TO THIS AGREEMENT HEREBY WAIVES THE RIGHT TO TRIAL BY JURY IN CONNECTION WITH ANY LEGAL SUIT, ACTION OR PROCEEDING AGAINST EITHER PARTY ARISING OUT OF OR RELATING TO THIS AGREEMENT.
Agreement to arbitrate (“Arbitration Agreement”)
In the event that any dispute arises with respect to our Services, Terms, Charter Terms, or any of our Policies, upon our election in our sole discretion, such dispute shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association, shall be submitted to final and binding arbitration before three (3) arbitrators in accordance with the then governing rules of the American Arbitration Association (the “AAA”), located in Los Angeles, California. Each Party shall select one arbitrator from a panel of arbitrators provided by the AAA and the two designated arbitrators shall select a third arbitrator. The decision of the arbitrators shall be final and binding upon the Parties and such decision may be enforced in any court of competent jurisdiction, including, without limitation, any federal or state court in California. The arbitrators may not award any incidental, indirect, special, or consequential damages, including, but not limited to, damages for lost profits. If any part of the Terms or Charter Terms is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity of the remainder of the Agreements, which shall remain valid and enforceable according to their terms. No waiver of any breach or default of the Agreements shall be deemed to be a waiver of any preceding or subsequent breach or default.
No class actions or representative proceedings
YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS USER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS WE AGREE OTHERWISE, THE DECISION-MAKER MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE DECISION-MAKER MAY AWARD RELIEF ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIMS. ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
Attorneys’ Fees
In the event a dispute arises regarding these Terms, the prevailing Party shall be entitled to its reasonable attorneys’ fees and expenses incurred in addition to any other relief to which it is entitled.
Waiver
The failure of a party to enforce any of its rights hereunder or at law shall not be deemed a waiver or a continuing waiver of any of its rights or remedies against the other Party unless such waiver is in writing and signed by the Party to be charged.
Governing Law
This Agreement shall be interpreted and enforced under the laws of the State of California regardless of where it is executed and without application of its conflicts or choice of law rules.
Severability
If any provision of these Terms, or part thereof, is declared by a court of competent jurisdiction to be invalid, void or unenforceable, each and every other provision, or part thereof, shall nevertheless continue in full force and effect.
Insurance
Unless otherwise stated, prices displayed do not include travel insurance. You are advised to take out insurance that covers the consequences of certain cases of cancellation and certain risks (such as the cost of repatriation in the event of an accident or illness). You are responsible for ensuring that any insurance policy taken out adequately covers your requirements. You may be shown certain travel insurance products. If so, details of the insurance provider, relevant key information and terms and conditions will be shown in our Services.
Third-party rights
Save as expressly stated in these Terms we do not intend any part of these Terms to be enforceable by any person who is not a party to these Terms. No third-party's consent shall be required for the waiver, variation or termination of any part of these Terms. These Terms do not give rise to any rights under any applicable laws or regulations in relation to the rights of third parties to enforce any part of these Terms.
Survival of obligations
Any provision of these Terms, which expressly, or by its nature, imposes obligations beyond the expiration, or termination of these Terms, shall survive such expiration or termination.
Assignment
We reserve the right to transfer, assign, sublicense or pledge these Terms, in whole or in part, to any person (but without Your consent) without notice, provided that any such assignment will be on the same terms or terms that are no less advantageous to You. You may not assign, sublicense or otherwise transfer in any manner whatsoever any of Your rights or obligations under these Terms.
FlyHouse Text Messaging
By “Opting In” to or using a FlyHouse “Text Message Service” you accept these Terms & Conditions.
Opting In. By Opting In to a Text Message Service:
After Opting In, in addition to the main messages the service offers, you may receive one or more welcome messages or administrative messages, such as (in some cases) a request to confirm your Opt-In or provide details about a Charter Flight. Message and data rates may apply.
About the Text Message Services and Opting Out.
Unless otherwise noted, Text Message Services send multiple, recurring messages. FlyHouse may terminate any Text Message Service or your participation in it at any time with or without notice, including, for example, before you have received any or all messages that you otherwise would have received, but these Terms & Conditions still will apply. You can opt out by texting STOP to 12345. You can opt out by modifying your preferences within Settings of your Account with FlyHouse. Your opt-out request may generate either a confirmation text or a texted request to clarify the Text Message Service to which it applies (if you have more than one). To complete your opt-out, please provide the requested clarification.
Entire Agreement, Modification And Amendments
You fully understand and agree to be bound by these Terms and as modified and/or amended by Us from time to time. We may amend these Terms at any time either by emailing or sending You notification of the new terms and/or by publishing the modified Terms on the relevant page of the Services or any place through which You access the Services. Any such modification will take effect immediately upon publication. Your continued use of the Services following notification or publication, as the case may be, will be deemed binding acceptance of the modification. It is each User’s sole responsibility to review the Terms and any revisions thereto each time You use the Services.
PLEASE PRINT THESE TERMS OF SERVICE AND STORE FOR YOUR FUTURE REFERENCE. IN ADDITION, WE SUGGEST THAT YOU PRINT AND STORE ALL TRANSACTION RECEIPTS AS APPLICABLE TO YOUR ACTIVITIES.