This website (including subsites and including text, images, videos, software, products, services, tools, and information contained or presented on the website; all together the “Site”)

is provided by Total Fly Srl (“Total Fly”) and its affiliates (“We”).

For further information, please contact our Customer Service.

What these terms entail

Some of the websites within our Site may be intended exclusively for specific regions, specific services, or specific products. While the content of such websites may vary, these Terms and Conditions of use (the “Terms”) generally apply to each of our websites. These Terms, together with our Privacy Policy, apply to any use of the Site. Visitors to the Site (“User” or “You”) may use the Site only on condition that they accept the “Terms and Conditions” and read and understand the Privacy Policy. Any further use of the Site or any part thereof implies that the user has read and understood the Terms of Use and the Privacy Policy, and agrees to be bound by all parts of the Terms.

The Site is provided “as is,” “as available,” and without warranties or representations of any kind (express or implied) or any liability to the fullest extent permissible under applicable law.

Updates

We reserve the right, at our sole discretion, to modify these Terms at any time and without notice. If we modify these Terms, we will post the modification on the Site. We will also update the “Last Updated” date at the beginning of these Terms. We advise you to review these Terms frequently to be informed of any changes. By continuing to access or use the Site after we have posted a modification, you indicate that you accept to be bound by the modified Terms. If the modified Terms are not acceptable to you, your sole recourse is to cease using the Site. Users with a username and password will be informed of changes to the terms and conditions applicable at the time of login through a page block that will require acknowledgment and/or acceptance.

User-generated content

If this Site allows you to post or upload comments or any other content, then the following additional terms apply to your use and are accepted by you. You understand that all information, content, text, data, messages, or other materials posted on the Site or transmitted privately (“USER CONTENT”) are the sole responsibility of the person from whom the User Content originated. You are responsible for all content that you post, transmit, or otherwise make available on the Site or to others. You acknowledge and agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy or completeness of the content. We do not control and will not be responsible in any way for User Content posted, including, without limitation, any errors or omissions, or for any losses or damages of any kind incurred as a result of the use of any User Content posted. Although we cannot review every communication or information and are not responsible for any User Content posted by Users, we have the right to delete or modify any content that we, in our sole discretion, believe is illegal, abusive, defamatory, in violation of any third-party rights, or otherwise unacceptable. Unless otherwise specified by the user, any Content is not confidential or proprietary. Hereby, you grant us, or warrant that the owner of the Content has granted us, a worldwide, perpetual, irrevocable, non-exclusive, royalty-free right to use, sell, reproduce, publish, create derivative works, display, distribute, and transmit your Content in any form, now known or developed in the future, for the entire duration of any rights that may exist in such Content, for any purpose, and to publish the owner’s name in connection with it.

Transactions through the Site

For any part of the Site that allows you to place orders or otherwise transact with us, additional terms and conditions may apply to such transaction, and in such case, these additional terms will be displayed on the relevant website. Such additional terms and conditions do not supersede these Terms. Governments regulate the import and export of products and information. You agree that to the extent such laws are applicable to you or to the transaction you wish to make with us, you will comply with all such import and export laws and regulations and will not import, export, or re-export products or services purchased or sold through the Site to countries or persons prohibited by applicable import and export control laws. By transacting with us through this Site, you represent that you are not in a country where such import/export is prohibited or are a person or entity to which such import/export is prohibited.

The user is responsible for complying with the laws of their local jurisdiction regarding import, export, or re-export.

Usernames and Passwords

If this site allows you to adopt or use a username and password to access the features of this site, then you agree to use the site solely for legitimate purposes. When you register for a username, you agree to:

• only use accurate and truthful information about yourself and not impersonate any other person or assume a false identity;
• immediately notify us of any unauthorized use of your password, username or the Site, or any other breach of security (send us your notification through the contact us section of this Site);
• not disclose or share your username or password with any other person.

You agree to assume and bear full responsibility for all risks arising from your use of the Site and any other person using your username and password.

Third-Party Content, Links to Other Sites

We do not have or assume any responsibility for third-party content that may be available through the Site, and for content linked to or from the Site or referenced. We do not express an opinion about, recommend, or approve such content and will have no liability in connection with them. Where we link to third-party websites, the user uses such websites at their own risk. We recommend reading the policies of these websites and verifying how these sites may process personally identifiable user data.

Notice and Notifications

Please contact our customer service for all notifications of alleged infringement. All notifications that do not comply with the procedure established in these Terms will not receive any response. We will process and investigate notifications of alleged infringement and take appropriate actions in accordance with applicable laws. Upon receipt of notifications, we will act to remove or disable access to any material deemed to be in violation or that is the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is deemed to be in violation. If you believe that your work has been copied in a way that constitutes infringement, please provide us with the following information:

a) A physical or electronic signature of the person authorized to act on behalf of the owner of an intellectual property right that is allegedly infringed;

b) A description of the copyrighted work that you claim has been infringed;

c) A description of where the material you believe is infringing is located on the Site;

d) Your address, telephone number, and email address, and all other information necessary to contact you;

e) A statement by the user that he or she has a good faith belief that the disputed use is not authorized by the intellectual property owner or by law;

f) A statement by you that the information contained in your notification is accurate and that you are the owner of the intellectual property right or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Intellectual property rights

The user should assume that the Site and all its parts are protected by copyright, trademarks, unfair competition and other laws, unless otherwise specified, and may not be used without our written permission, except as provided in these Terms. You acknowledge that any intellectual property (including copyright) of the Site and all its parts is held by us or the original creator. Provided that you are in compliance with these Terms, you may access, download or use the materials on this Site for your non-commercial use. You do not acquire any rights to the Site or any material of any kind posted on the Site. You may not incorporate the Site into other websites, and you may not copy, display, license, publish, download, upload, transmit, or otherwise make available without our prior written consent. The trademarks, service marks, and logos (the “MARKS”) used and displayed on this Site are registered and unregistered trademarks of Total Fly and others. Unless otherwise specified, nothing on this Site grants any license or right to use any Mark without our written permission. Except as expressly stated on the Site, the name of Total Fly or any of our logos may not be used in any way without our prior written authorization.

Confidential and Proprietary Information

We strive to provide the public with broad access to information about our products and services. In doing so, it is not our intention to relinquish any intellectual property or other rights that we may have in the information on this website. We have policies and procedures in place that are designed to prevent the disclosure on this website of information that we consider confidential or proprietary. However, if at any time confidential or proprietary information is obtained from this website, the user agrees not to use or disclose the confidential or proprietary information that may be obtained from this website to anyone else, and to destroy any copy of the information, in any form, in their possession.

Disclaimer of Warranties and Liability

We make every reasonable effort to ensure that the information provided on the Site is accurate and up-to-date. However, such information may contain inaccuracies or typographical errors or may not be up-to-date. We reserve the right to remove, change, correct and improve the Site and all of its parts, or terminate your account (if you have one) and your use of the Site, for any reason, at any time and without notice, without specifically informing of such change, and without removing outdated information or characterizing it as such. Some statements contained on this Site are “forward-looking statements,” such as statements regarding expected financial results, current and future product performance, regulatory approvals, business and financial plans, and other non-historical facts. These statements are based on current expectations and information currently available. However, our performance and results may differ from those described or implied in such forward-looking statements. Factors that could cause or contribute to such differences include, among others: competition; contingencies related to protection of intellectual property, regulatory issues, and public acceptance of aviation and related services or products; research and development success; disputes; developments related to foreign operations; acquisitions; raw material prices; regulations; our ability to obtain financing and payments for our services; weather, natural disasters, and accidents; and other risks and factors. Excessive reliance should not be placed on these forward-looking statements, which are current only as of the date of their publication on this Site. We disclaim any current intention or obligation to update any forward-looking statement or any factor that may affect actual results. You agree to use our Site at your own risk and that it is provided “as is” and “as available.” We make no representation, and do not provide any warranty, express or implied and under any legal theory, about the completeness or accuracy of any information on this Site or its potential uses, about the availability of the Site, its functions, merchantability, fitness for a particular purpose, and non-infringement, and/or that the Site and the infrastructure on which it runs are free from viruses and other harmful software. Neither we nor any of our group and affiliate companies or any other party involved in the creation, production or supply of this Site to the user shall be liable under any legal theory for any damages (including direct, incidental, consequential, indirect, or punitive or special damages) relating to the use of this Site or reliance on any information or material accessed through it or any other linked website, your access or inability to access the Site, or any errors or omissions in the content of the Site. Some jurisdictions do not allow the exclusion of certain implied warranties or liabilities, so the above exclusions may not apply to you.

Indemnification

The user agrees to defend, indemnify, and hold us, our group companies and affiliates, and any other party involved in the creation, production, or provision of this Site harmless from and against all damages, claims, and expenses, including reasonable legal fees, arising from the misuse of this Site or any information taken or obtained from the Site or the transmission of User Generated Content (as defined above) on the Site.

Local laws and regulations

We do not declare, warrant, or assure that the materials on this Site are appropriate or available for use in all countries of the world from which it may be viewed.

Access to this Site from countries where its content is illegal is prohibited.

To the extent that any of these Terms are not enforceable under the local laws of the country from which the Site is viewed, such term shall be severable from the Terms and the remainder of the Terms shall remain in full force and effect. Viewing this Site from countries, if any, where its content is illegal is strictly prohibited.

Translations

Any translation of these terms and conditions into a local language is provided for your convenience only, and the English version of the terms and conditions is the version that governs exclusively the legal relationship and the conditions of use between you and Total Fly. In case of any inconsistencies between the versions, the English version shall prevail.

INTRODUCTION Welcome to the “Sky Partner” program of Total Fly. 1.1 Total Fly is a company located at Calera Mosilor 158 – 20883 Bucharest – Romania, VAT number RO29062648 (hereafter “Total Fly”). 1.2 By joining the Sky Partner program, the user agrees to comply with the following Terms and Conditions. ENROLLMENT IN THE PROGRAM 2.1 Any company or individual who is at least 18 years old can enroll in the Partner program. 2.2 By submitting the enrollment request, the user confirms to be at least 18 years old and to accept these Terms and Conditions. 2.3 Enrollment in the Sky Partner program is completely free and can be done by following the instructions on Total Fly’s website at https://www.totalfly.aero/total-fly-sky-partner. 2.4 Enrollment in the Sky Partner program is free of charge. WELCOME BONUS 3.1 Upon enrollment, every user enrolled in the Sky Partner program will receive a welcome bonus, which will be defined from time to time according to promotions carried out by Total Fly or based on direct negotiation with the partner candidate. 3.2 The welcome bonus will be visible on the control panel of each user’s account page. 3.3 Welcome bonuses can only be used to book flights or services offered by Total Fly. 3.4 The welcome bonus is not refundable in cash. 3.5 The Sky Partner user must use their welcome bonus in a single solution, and in any case, the value of the service purchased cannot be less than or equal to the value of the bonus that the user wishes to use. 3.6 Total Fly reserves the right to refuse the use of the bonus for the provision of certain services. CASH-BACK 4.1 Every time a Sky Partner user purchases a service from Total Fly or refers a customer, they will receive a cash-back percentage calculated on the value of the service purchased for themselves or by one of the referred customers. 4.2 The cash-back percentage and collection methods will be defined in the contract for each of the requested services. 4.3 The cash-back percentage will not be calculated on amounts of: VAT, airport taxes, luxury flight taxes, aircraft de-icing services, services resulting from flight or program changes after the contract is signed, third-party services on which Total Fly does not add directly or indirectly commissions (e.g. aircraft refueling services), any other service not defined prior to the contract being signed. 4.4 Before signing the contract for the services requested by the Sky Partner user or by a referred customer, the user will be informed of which amounts the cash-back will be calculated on and which amounts it will not be calculated on. 4.5 The cash-back generated by each user with a description will be visible on the control panel of the account page. 4.6 The cash-back will be paid only with the positive conclusion of the flight or service contract, in the situation where there are no claims or disputes for the same. In the event of claims, disputes, or legal proceedings for the flights or services offered, the cash-back will be assigned to the customer only if the contractual amounts are paid. 4.7 The cash-back cannot be cumulative with other bonuses, offers, or discounts in any way. PROGRAM DURATION 5.1 The Sky Partner program has an unlimited duration. 5.2 Total Fly reserves the right to modify or terminate the program at any time, subject to communication to users via email or publication on the website with 30 days’ notice. 5.3 In case the Sky Partner user does not accept the changes to the program or in the event that the program is terminated, the user will have the opportunity to claim the remaining credit within 30 days of the communication, after which nothing will be due and nothing can be claimed by the user against Total Fly. 5.4 If the user does not accept the changes, he/she has the right to cancel his/her membership in the program at any time upon 30 days’ notice. USE OF THE PROGRAM 6.1 The Total Fly program is intended for the personal use of registered users. 6.2 The user undertakes to use the program lawfully and in accordance with these terms of use. 6.3 Any improper use of the program may result in the suspension or revocation of the member’s membership and the loss of all accumulated benefits. 6.4 The user agrees not to disclose to third parties the login details of his/her account. 6.5 Throughout his/her participation in the program, the user will have the opportunity to use the logo and information provided by Total Fly for promotional purposes. LIABILITY AND LIMITATIONS OF LIABILITY 7.1 Total Fly shall not be liable for any losses or damages arising from the use of the program, including but not limited to loss of money, indirect damages, consequential damages or damages to the user’s or third party’s image. In any case, Total Fly’s liability shall be limited to the equivalent amount of the residual value of the cash-back accrued by the user. PROTECTION OF PERSONAL DATA 8.1 Total Fly undertakes to protect the personal data of members and to use them only for the purposes provided by the program. Personal data will be processed in accordance with the law on the protection of personal data and with our privacy policy. CONFIDENTIALITY 9.1 The Sky Partner user undertakes to keep confidential all information arising from the collaboration with Total Fly, as well as all information relating to the contractual conditions and the information contained in each contract for each service. 9.2 Membership in the Sky Partner program is entirely confidential. Total Fly undertakes not to publish in any form information relating to program members. Terms and conditions subject to change… Last updated 30/03/23

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