BLADEone Conditions of Carriage
These BLADEone Conditions of Carriage (the “Conditions of Carriage” or these “Terms”) govern the relationship between USAC Airways 695 LLC d/b/a Aero (“Carrier”) and the individual(s) or entity(ies) (“You” or the “Passenger”) utilizing, purchasing and/or reserving seats on air transportation referencing and/or incorporating these Terms (such air transportation, “BLADEone Flights”) booked by You through Aero Technologies Inc., 16233 Vanowen St, Van Nuys, California 91406 (“Aero”), a Public Charter Operator under Part 380 of the U.S. Department of Transportation’s regulations (14 CFR Part 380) or Blade Urban Air Mobility, Inc., 31 Hudson Yards, New York, NY 10001 (“Blade”, and collectively with Aero, “We” or “Us”), acting as a sub-operator and/or broker under 14 CFR Part 295 and 14 CFR 380.2. By making a BLADEone Flight seat reservation with Aero or Blade, or accepting transportation on BLADEone Flights operated by Carrier, each Passenger agrees to be bound by all of the following Terms. No agent, servant or representative of Carrier has authority to change or waive any provision of these Conditions of Carriage, unless authorized in writing by a corporate officer of the Carrier.
1. TICKETING.
Tickets are only valid for the flight shown, from the place of departure to the final destination. Each ticket constitutes conclusive evidence of a contract of carriage between Carrier and the Passenger named on the ticket.
Passengers may not board a flight unless they present a valid ticket (which may be in electronic form). If a Passenger does not board a departing flight without advising Aero, Blade, or Carrier in advance, Aero, Blade, or Carrier may cancel the return and/or onward reservations and no refunds will be issued.
Carrier will only provide carriage to the Passenger named on the ticket. If You would like to transfer a ticket to another Passenger, it is Our policy, with at least 48 hours’ notice before flight departure, to facilitate a transfer. The new Passenger will be required to provide information and to accept: (1) these Terms; (2) the BLADEone Public Charter Operator-Participant Agreement located at www.blade.com/bladeone-opa (the “BLADEone OPA”), and (3) if booked through Blade, Blade’s Terms of Service located at www.blade.com/terms_of_service and Blade’s Privacy Policy located at www.blade.com/ppolicy or if booked through Aero, Aero’s Terms of Use located at https://aero.com/terms-of-use (“Aero Terms of Use”), and Aero’s Privacy Policy located at https://aero.com/privacy-policy (the “Aero Privacy Policy”). Passengers should contact reservations@blade.com if they wish to transfer their ticket.
2. FARES, TAXES, FEES AND OTHER CHARGES.
Fares are established by Aero and Blade and will be specified on the receipt you receive after booking a reservation and accepting these Terms and the BLADEone OPA. Fares include all applicable taxes, fees and other charges imposed by any government or other authority. At the time of booking, Passengers will be advised of such taxes, fees and charges included in the fare, which may be based on estimates. If following booking any new tax, fee or charge is imposed, or if such amounts increase between booking and the date of flight, Passengers will not be charged such additional amounts, but will also not receive any refund in the event these amounts decrease.
Fares are only payable in U.S. Dollars unless otherwise agreed by Aero or Blade at the time of booking.
3. LUGGAGE POLICIES.
The BLADEone Luggage Policies can be found at www.blade.com/bladeone-luggage, and are expressly incorporated by reference as if fully set forth herein.
Carrier’s liability for lost or damaged luggage is limited as follows:
- For INTERNATIONAL flights, pursuant to the Montreal Convention, Carrier’s liability for lost or damaged checked baggage is limited to the actual value of the baggage but not more than 1,288 Special Drawing Rights (SDRs) (approximately $1,800) per passenger in the case of checked baggage.
- For DOMESTIC flights, you agree that Carrier’s liability for lost or damaged baggage is limited to $1,250 per passenger total.
Checked baggage must have the Passenger's name and personal identification affixed to it. Passengers may not include in their baggage, items that are likely to endanger the aircraft or persons or property on board the aircraft, including those listed below under Section 6 Dangerous and Prohibited Items.
Each Passenger is solely responsible for packing their luggage in such a way that the contents cannot be damaged. Passengers are liable for any damage caused to the aircraft’s equipment or another Passenger’s luggage caused by such Passenger’s baggage or its contents. Aero, Blade, and Carrier assume no liability for fragile valuables or perishable articles. Aero, Blade, and Carrier is not liable for pre-existing damage (including minor cuts, scratches, and broken zippers as a result of over packing) or for wear and tear resulting from ordinary handling of baggage.
Carrier may refuse to carry as baggage any item that it considers unsuitable for carriage because of its size, shape, weight, content, character, or for safety or operational reasons, or the comfort of other passengers. Mobility and assistive devices which cannot be carried in the cabin due to space limitations will be considered checked baggage in addition to the included baggage allowance, without charge, provided the Passenger is dependent upon such items. Mobility aids are assigned the highest boarding priority and every reasonable effort will be made to transport Passengers and their mobility aids on the same flight. There may be times, however, when space, weight and safe stowage constraints may limit the number of devices which may physically and safely fit onto a particular aircraft. For example, most non-collapsible mobility aids powered by dry and wet cell batteries are too large to fit onboard the aircraft. When this happens, Carrier will coordinate with the Passenger and endeavor to offer the best solution available.
Notice of Claims
Aero, Blade, and Carrier are not liable for any loss, damage, or delay in the delivery of baggage arising out of or in connection with transportation of, delay, or failure to transport any baggage unless notice of a claim is presented to concierge@aero.com within 24 hours after the alleged occurrence of the events causing the claim. Any notification received within 24 hours that informs Carrier of the nature of the claim will suffice, and Carrier may deny any claim not presented within 24 hours of the alleged occurrence. If a Passenger wishes to file a claim or an action regarding delay of checked baggage, he or she must notify Carrier, in writing, within 21 days after occurrence of the event giving rise to the claim. Every such notification must be made in writing by contacting concierge@aero.com. Failure to give notice within these time limits will not bar the claim if the Passenger establishes to the satisfaction of the Carrier that he/she was unable to give such notice.
For domestic transportation, legal action on any claim described above must be brought within one (1) year of Carrier’s written denial, in whole or part, of the claim.
4. PERSONAL ITEMS.
Personal items are the sole responsibility of the Passenger. Aero, Blade, and Carrier assume no liability for personal items, including but not limited to fragile valuables or perishable articles. Aero, Blade, and Carrier are also not liable for pre-existing damage (including minor cuts, scratches, and broken zippers as a result of overpacking) or for wear and tear resulting from ordinary handling of the personal items. Claims for lost, forgotten, or stolen personal items will not be accepted by Aero, Blade, and Carrier. Assistive devices upon which an individual with a disability is dependent may be carried in addition to the personal item allowance described in the BLADEone Luggage Policies if such devices can be safely stowed in the cabin of the aircraft consistent with applicable safety and stowage requirements, as determined by the pilot in command.
5. BAGGAGE INSPECTION.
For reasons of safety and security, Carrier may request that a Passenger permit a search and scan of his/her person and a search, scan or x-ray of the baggage. If a Passenger is not available, the baggage may be searched in his/her absence for the purpose of determining whether he or she is in possession of or whether the baggage contains any prohibited items. If a Passenger is unwilling to comply with such request, Carrier may refuse to carry such Passenger and his/her baggage.
If required, a Passenger will attend inspection of his/her baggage, checked or unchecked, by customs or other Government officials. Aero and Blade and Carrier are not liable to any Passenger for any loss or damage suffered by such Passenger in the course of such inspection or through passenger’s failure to comply with this requirement. Passengers must submit to any security checks by Governments, airport officials or by Carrier.
6. HAZARDOUS MATERIALS AND PROHIBITED ITEMS.
Carrier is not certified to carry any hazardous materials and Carrier prohibits Passengers from bringing items that are likely to endanger the aircraft or persons or property on board the aircraft. Carrier complies with the hazardous materials regulations issued by the Department of Transportation in Title 49 of the Code of Federal Regulations, Parts 171 through 177 (49 CFR 171-177) as they may be updated from time to time. Passengers must declare any hazardous materials to Carrier’s crew or personnel immediately. A violation of Federal Hazardous Materials Restrictions may result in five (5) years imprisonment and penalties of $250,000 or more.
Additional information about what can and cannot be transported onboard aircraft can be found here: https://www.tsa.gov/travel/security-screening/whatcanibring/all
Examples of hazardous materials include:
- Fireworks: signal flares, firecrackers, sparklers or any other explosive.
- Flammable liquids or solids: fuel, paint, solvents, lighter fluids, or Matches.
- Compressed gasses: spray cans, butane fuel, scuba tanks, propane tanks, oxygen bottles, or self-inflating rafts.
- Weapons: loaded or unloaded/non-loaded firearms and ammunition (except as otherwise permitted in Section 7), gunpowder, mace, tear gas, or pepper spray.
- Other hazardous materials including but not limited to: dry ice, gasoline powered tools, camping equipment with fuel, wet cell batteries, oxidizers, corrosives, radioactive materials including radiopharmaceuticals, poisons, or infectious substances.
- Self-heating meals will be accepted within a passenger’s one (1) allowable personal item or as part of passenger’s checked baggage, however, activation and use of self-heating meals are prohibited onboard the aircraft.
In addition to the above stated prohibited Hazardous Materials, the carriage of the following dangerous items are restricted by the Transportation Security Administration:
- Guns and firearms including stun guns, shocking devices, realistic replicas of firearms, parts of guns and firearms, compressed air guns, starter pistols, spear guns, flare pistols, gun lighters, pellet guns, firearms, and BB guns are prohibited except as otherwise permitted in Section 7.
- Sharp objects including razor blades, box cutters, utility knives, knives of any length, metal scissors with a blade length of 4 inches or more, throwing stars, axes and hatchets, bows and arrows, ice axes, ice picks, meat cleavers, sabers and swords are prohibited.
- Club-like items including martial arts weapons, brass knuckles, lacrosse sticks, baseball bats, hockey sticks, cricket bats, pool cues and billy clubs may be restricted.
- All explosives, including realistic replicas of explosives, flares in any form, plastic explosives, hand grenades, blasting caps, gunpowder, ammunition, fireworks and dynamite are prohibited.
- Incendiaries including aerosols (except for personal care or toiletries in limited quantities), fuels (cooking fuels and any flammable liquid fuel), gas torches, realistic replicas of incendiaries, any type of matches, all types of lighters, and gasoline are prohibited.
- Disabling chemicals and other dangerous items including cylinders containing compressed gas, fire extinguishers, spillable batteries, chlorine, pepper spray, liquid bleach, spray paint, tear gas, and mace are prohibited.
- Tools greater than seven (7) inches in length, saws and saw blades, drills and drill bits, crowbars and hammers are restricted.
- For additional information, visit www.tsa.gov/travelerinformation/prohibited.
If you have any questions about hazardous materials or prohibited items, please reach out to concierge@aero.com.
7. FIREARMS.
Carrier will accept, at its sole discretion, sporting firearms that are not loaded and that are suitably encased as checked baggage for Passengers that are age eighteen (18) or over. All firearms must be packed in a lockable crush-proof container specifically designed for the firearm. Carrier will not accept for transportation any firearms in cases or luggage that cannot be locked. Carrier will not accept any firearms for international travel.
When checking a firearm, Passengers must declare to a representative of Carrier that a firearm is being checked. If a security checkpoint is located prior to check-in, Passengers must declare the existence of a weapon to security personnel. Passengers are solely responsible for ensuring that firearms are clear of any live charges.
Passengers may check up to ten (10) pounds of ammunition as checked baggage. Under no circumstances may a Passenger carry ammunition on board an aircraft. Ammunition must be housed separately from a locked firearm. The ammunition must be packaged in a wood or metal box that provides for adequate cartridge separation and is specifically designed to carry ammunition.
8. DISABLED INDIVIDUALS AND PASSENGERS REQUIRING ASSISTANCE.
It is the policy of Carrier to provide equal opportunity for all would-be travelers. Accordingly, Carrier will not refuse to provide transportation to, or discriminate against, a disabled individual, who may be transported in accordance with Carrier’s FAA-approved operating procedures, on the basis of his or her disability. Carrier may refuse to provide transportation to any Passenger whose carriage may impair the safety of the flight in accordance with the provisions of these Conditions of Carriage, and may refuse to provide transportation to any Passenger whose carriage would violate federal regulations (including FAA and TSA regulations) or the Carrier’s FAA-issued operating manuals. In exercising this authority, however, Carrier personnel will not discriminate against any disabled individual solely on the basis of his or her disability.
Advance reservations and early check-in are recommended, although not required, to ensure time to coordinate the collaboration needed for the safe boarding of qualified individuals with a disability and any assistive devices.
Although the small size of many of Carrier’s aircraft may limit some of Carrier’s flexibility (e.g. the inability to fit non-collapsible electric wheelchairs on the aircraft), Carrier will accommodate Passengers’ special needs to the greatest extent possible, with dignity and respect, and in compliance with U.S. Department of Transportation Part 382. Carrier encourages Passengers with special needs to contact concierge@aero.com prior to booking so that Carrier may offer appropriate guidance and support for your travel.
Passengers who, because of age, mental or physical condition, disability or impairment, require individual attention or consideration to enplane or deplane an aircraft or to manage oneself during the flight in normal operations or emergency conditions, will be afforded reasonable assistance by Carrier employees. This assistance will be in a dignified, safe, professional and courteous manner and at all times Carrier will consult with the Passenger about any assistance and special plans arranged on the Passengers behalf. Carrier will extend this assistance to all qualified individuals with a disability. This assistance may include, depending upon the limitations of the aircraft and ramp/dock, steadying a Passenger or providing a helping hand as the Passenger ascends or descends the step(s), assistance in getting to or from the seat, and assistance with loading and retrieving personal items or assistive devices stowed on board. Employees are not permitted, however, to lift or carry Passengers on board the aircraft or assist with medical services. Should assistance beyond these measures be necessary, please refer below to the section discussing Safety Assistants. As the safest seating arrangement for Passengers needing additional support may vary with the situation and with the aircraft type, Carrier may offer to pre-board the Passenger or may suggest boarding the Passenger last for access to the most accessible seat.
Passengers must be physically able to ascend/descend several steps with minimal assistance to access Carrier’s aircraft. Passengers who are unable to board by way of walking up the stairs into the aircraft are strongly encouraged to advise Carrier, by contacting concierge@aero.com at least forty-eight (48) hours before the scheduled departure of their need for assistance so that Carrier can make appropriate arrangements. Carrier will not refuse transportation, or decline to provide assistance, solely because such advance notice was not given, except where 14 C.F.R. 382.27 permits Carrier to require advance notice for the particular service requested.
Physical limitations of the aircraft preclude the use of assistive devices typically available for access to larger aircraft, such as jet bridges, lifts, or boarding chairs.
Qualified Individuals with a Disability and Safety Assistants.
Safety Assistants. Passengers who need additional support may travel with a safety assistant who is able to provide the extra assistance required for the Passenger’s safety. This support may include lifting a Passenger for boarding and deplaning, so long as the weight limit of the aircraft stairs is not exceeded.
Essential Safety Assistants Required. Carrier will not require any individual covered by this section to be accompanied by a safety assistant unless it is determined that such assistant is essential for safety. Carrier may require a Passenger meeting any of the following criteria to travel with a safety assistant as a condition of being provided air transportation in the interest of the Passenger’s essential safety needs. In these circumstances, and if contrary to the individual’s self-assessment that he or she is capable of traveling independently, Carrier will not charge for the transportation of the safety assistant:
- A person who, because of a mental disability, is unable to comprehend or respond appropriately to safety instructions from Carrier personnel, including the safety briefing required by 14 CFR 135.117(b) or any briefing required by a foreign government.
- A person with a mobility impairment so severe that the person is unable to physically assist in his or her evacuation of the aircraft; or
- A person who has both severe hearing and severe vision impairments if the person cannot establish some means of communication with Carrier personnel adequate to permit the transmission of the required safety briefing.
If because there is not a seat available on a flight for a safety assistant whom Carrier has determined to be necessary, the individual will be eligible for denied boarding compensation. For the purposes of the determination of seat availability, the assistant will be deemed to have checked in at the same time as the Passenger herein.
Carrier is not required to find or provide a safety assistant.
9. PET POLICIES.
The BLADEone Pet Policies can be found at www.blade.com/bladeone-pets, and are expressly incorporated by reference as if fully set forth herein.
10. TRAVELING WITH SERVICE ANIMALS.
Information about traveling with service animals can be found in the BLADEone Pet Policies located at www.blade.com/bladeone-pets, which are expressly incorporated by reference as if fully set forth herein.
11. UNACCOMPANIED MINORS.
All children 5-15 traveling alone must be booked as unaccompanied minors and must complete Our UM paperwork process. Unaccompanied Minors (“UM”) must be brought to the departure airport by their parent, legal guardian or responsible adult who must remain with their UM in the boarding area until the UM's flight has departed and is airborne. Please contact concierge@aero.com after booking an UM online for additional information in order to receive paperwork that is required to be completed prior to the flight’s departure. Children 16-17 may be booked as adults and travel unaccompanied with a note from their parent or guardian. Failure to provide the necessary paperwork at check-in will result in denied boarding and a forfeiture of the UM’s ticket, without refund or credit.
12. LAP INFANTS.
Carrier encourages all adults traveling with children under the age of two (2) years to secure the child in an approved car seat or child restraint system in the child’s own, purchased seat. A paying adult Passenger may carry, free of charge, on his or her lap, one child over 14 (fourteen) days and under two (2) years of age. Carrier reserves the right to request proof of age (e.g., passport, birth certificate, etc.) before accepting an infant for travel as a lap child. Carrier does not reserve a seat for such children unless a separate seat is purchased at the regular, applicable fare.
If a separate seat has been purchased for a child over fourteen (14) days and under two (2) years of age, the child may travel in a separate seat, provided that the child must be placed in a FAA-approved child restraint system. Child restraint systems may not be used in emergency exit rows. It is the responsibility of the child’s parent or accompanying adult to ensure that the restraint device functions correctly, that the child is adequately secured by the device, that the child’s weight does not exceed applicable limitations and that the device has been properly secured to the aircraft seat.
13. TRAVEL DOCUMENTS.
Passenger is responsible for obtaining all required travel documents and visas and for complying with all laws, regulations, orders, demands and travel requirements of countries to be flown from, into or through which he or she transits.
Prior to travel, Passengers must present all exit, entry, health and other documents required by law, regulation, order, demand or other requirements of the countries concerned, and permit Carrier to take and retain copies.
If a Passenger is denied entry into his/her final destination for any reason, We will provide reasonable assistance to book such Passenger on a return flight at Passenger's cost. Any third party costs, including return flight costs on third party carriers, and any fines or other charges assessed against passenger or Aero or Blade or Carrier as a result of such denial, are the responsibility of Passenger. The fare collected for travel to the place of denied entry, and any return flight, will not be refunded.
Aero and Blade and Carrier are not liable or responsible for the consequences to any Passenger resulting from his or her failure to obtain such documents or visas or to comply with such laws, regulations, orders, demands, requirements, rules or instructions.
14. CHECK-IN AND BOARDING.
Passengers must arrive at Carrier’s check-in location and boarding area at least 20 minutes in advance of flight departure, and in any event no later than the time that may be indicated by Aero, Blade, or Carrier. If a Passenger fails to arrive in time at the check-in location or boarding area or appears improperly documented and not ready to travel, Carrier may cancel the space reserved for such Passenger and will not delay the flight. Aero, Blade, and Carrier are not liable to any Passenger for loss or expense due to such Passenger’s failure to comply with these requirements.
15. PASSENGER CONDUCT.
Carrier may refuse carriage of any Passenger or Passenger’s baggage for reasons of safety or if, in the exercise of its reasonable discretion, Carrier determines that:
- Such action is necessary in order to comply with any applicable laws, regulations, or orders of any state or country to be flown from, into or over;
- Carriage of Passenger or his/her baggage may endanger or affect the safety, health, or materially affect the comfort of other passengers or crew;
- Passenger’s mental or physical state, including impairment from alcohol or drugs, presents a hazard or risk to himself/herself, other Passengers, crew or property;
- Passenger is carrying illegal or hazardous substances, or consumes illegal drugs or personal alcohol on the flight;
- Passenger has committed misconduct on a previous flight, and Carrier has reason to believe that such conduct may be repeated;
- Passenger has refused to submit to a security check;
- Passenger has not paid the applicable fare, taxes, fees or charges;
- Passenger does not have valid travel documents, or Carrier has reason to believe that Passenger will not be permitted to enter the country of destination;
- Passenger presents a ticket that has been acquired unlawfully, has been purchased from an entity other than Carrier or its authorized agents, or has been reported as being lost or stolen, is a counterfeit, or Passenger cannot prove that he or she is the person named in the ticket; or
- Passenger fails to observe Carrier’s instructions with respect to safety or security.
- Passengers who refuse to obey Carrier’s or Aero’s or Blade’s rules or policies.
- Passengers who refuse to obey any federal regulations, security directives, or instructions given by crew members, station management or supervisory personnel.
- Passengers whose conduct is or has been known to be disorderly, abusive, offensive, threatening, intimidating, violent, belligerent and/or irrational so as to be a hazard or potential hazard to Carrier's employees, other Passenger(s), and/or him/herself (including verbal harassment related to race, color, gender, religion, national origin, disability, age, ethnicity or sexual orientation). Federal law, including but not limited to 49 U.S.C. Section 46503, protects Federal, airport, and air carrier employees who have security duties within an airport. Assault on such employees or interference with the performance of their duties is strictly prohibited.
- Passengers who interfere or attempt to interfere with the duties of any member of the flight crew.
- Passengers who are unwilling or unable to abide by our non-smoking rules and federal laws prohibiting smoking onboard the aircraft.
The tickets of any Passenger refused passage or removed enroute under the provisions of this section will be refunded and such refund shall be the sole recourse against Aero or Blade or Carrier of any Passenger refused passage or removed enroute. UNDER NO CIRCUMSTANCES WILL AERO, BLADE, AND CARRIER BE LIABLE TO ANY PASSENGER OR REFUSED PASSENGER FOR ANY TYPE OF INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES.
If Aero, Blade, or Carrier is required to pay any fine or penalty or to incur any expenditure by reason of Passenger’s failure to comply with laws, regulations, orders, demands or other travel requirements of the countries concerned or to produce the required documents, passenger will reimburse Aero, Blade, and Carrier on demand, any amount so paid or expenditure so incurred. Aero, Blade, and Carrier may apply towards such payment or expenditure the value of any unused carriage on Passenger’s ticket, or any of Passenger’s funds in Aero’s, Blade’s, or Carrier’s possession.
Please note that Carrier is unable to fly expectant mothers in the last two weeks of their pregnancy. In addition, expectant mothers in the last month of their pregnancy must provide at check-in a letter from their doctor verifying that they are physically fit for air travel on such date.
Smoking (including use of electronic simulated smoking materials and smokeless cigarettes) is not permitted on any flights. Federal law also prohibits smoking in an airplane lavatory and tampering with, disabling, or destroying any smoke detector installed in any airplane lavatory.
16. CHANGES, CANCELLATIONS, AND REFUNDS.
The BLADEone Change and Cancellation Policies can be found at www.blade.com/bladeone-cancellations, and are expressly incorporated by reference as if fully set forth herein.
17. LIMITATIONS OF LIABILITY.
Carriage in international air transportation is subject to the rules and limitations relating to the liability established by the Montreal Convention (unless such carriage is not international carriage to which the Convention applies).
Pursuant to the Montreal Convention:
- Any liability Carrier has for damage will be reduced by any negligence on passenger’s part which causes or contributes to the damage in accordance with applicable law.
- Carrier is not liable for any damage arising from its compliance with applicable laws or Government rules and regulations, or from passenger’s failure to comply with the same.
- Carrier’s liability is subject to passenger’s provision of relevant documentation, including where applicable documentation proof of purchase, including date and price of purchase. In case of liability for baggage depreciation will be deducted.
- If a passenger’s age or mental or physical conditions is such as to involve any hazard or risk to himself or herself, Carrier will not be liable for any illness, injury or disability, including death, attributable to such condition for the aggravation of such condition.
Carrier is not liable for damage or loss of unchecked baggage unless such damage or loss is caused by the negligence of Carrier. Except in the case of an act or omission done with intent to cause damage, and/or recklessly and with knowledge that damage, delay or loss would probably result, the liability of Carrier in the case of damage, delay or loss to checked baggage will be limited to 1,288 SDR (approximately $1,800) per passenger registered for the checked baggage. For unchecked baggage, Carrier is liable only to the extent damage resulted from the fault of the Carrier.
The foregoing limits of liability apply to Carrier’s authorized agents, servants, employees and representatives to the same extent as they apply to Carrier. The total amount recoverable from Carrier and from such authorized agents, servants, employees and representatives will not exceed the amount of Carriers own liability, if any.
Nothing in these Conditions of Carriage waives any exclusion or limitation of Carriers liability under the Montreal Convention or applicable laws unless otherwise expressly stated.
Aero, Blade, and Carrier shall not be liable for any punitive, consequential or special damages arising out of or in connection with carriage or other services performed by Carrier, whether or not Aero, Blade, or Carrier had knowledge that such damage might be incurred. Aero, Blade, and Carrier shall not be liable for any damage arising out of its compliance with any laws, government regulations, orders, rules, requirements or security directives or as a result of a Passenger’s failure to comply with such laws, government regulations, orders, rules, requirements or security directives or as a result of Passenger’s reliance on advice provided by Aero, Blade, or Carrier regarding such laws, regulations, orders, rules, requirements or security directives.
18. GROUND TRANSPORTATION.
Ground transportation is exclusively the responsibility of the Passenger and is not included as part of any reservation, unless disclosed and/or sold by Aero, Blade, or Carrier prior to departure.
Aero, Blade, or Carrier may, at its own discretion, provide or procure ground transportation service between airports or locations for any reason, including due to a diversion. It is agreed to and understood that any such service is performed by independent operators who are not agents or personnel of Carrier or Aero or Blade. Therefore, neither Carrier nor Aero nor Blade assumes any responsibility for ground transportation for any Passenger and/or accompanying baggage. Any act made by staff or crew of Carrier or Aero or Blade to assist Passenger in making such arrangements shall in no way make Carrier or Aero or Blade liable for the acts or omissions of any operator of ground transportation.
19. PERSONAL DATA.
Passenger recognizes that personal data has been given to Aero, Blade, and Carrier for the purposes of making a reservation for carriage, obtaining ancillary services, facilitating immigration and entry requirements, and making available such data to government agencies. For these purposes, Passenger authorizes Aero, Blade, and Carrier to retain such data and to transmit it to its own offices, other direct air carriers, or the providers of such services, in whatever country they may be located. For BLADEone Flights booked through Aero, all Passenger information shall be handled in accordance with Aero’s Privacy Policy. For BLADEone Flights booked through Blade, all Passenger information shall be handled in accordance with Blade’s Privacy Policy.
20. RELEASE TO USE PICTURE AND VOICE.
Passenger authorizes Carrier, Aero and Blade, and their respective parents, subsidiaries, licensees, successors and assigns, to use Passenger’s (1) picture, including photographic, motion picture, and electronic (video) images; (2) written or oral statements; and (3) voice, including sound and video recordings, in each case created or captured during or in connection with Passenger's travel with Carrier. Passenger hereby grants Carrier, Aero and Blade, their parents, subsidiaries, licensees, successors and assigns, the right to use, publish, and reproduce, for all purposes, passenger’s name, picture of Passenger in film or electronic (video) form, sound and video recordings of Passenger’s voice, and printed and electronic copy of the information described above in any and all media including cable and broadcast television and Internet, and for exhibition, distribution, promotion, advertising, sale, press conferences, meetings, hearings, educational purposes and in brochures and other print media. This permission extends to all languages, media, formats and markets now known or hereafter devised whether in the United States or abroad. The permission shall continue forever. Passenger further grants Carrier, Aero and Blade, and their parents, subsidiaries, licensees, successors and assigns all right, title, and interest in all finished pictures, negatives, reproductions, and copies of the original print, and further grants Carrier, Aero and Blade, and their parents, subsidiaries, licensees, successors and assigns the right to give, sell, transfer, and exhibit the print in copies or facsimiles thereof, for marketing, communications, or advertising purposes, as it deems fit in its sole discretion. Passenger hereby waives the right to receive any payment for granting this release and waives the right to receive any payment for Carrier’s, Aero’s and Blade’s, and their subsidiaries, licensees, successors and assigns use of any of the material described above for any purpose authorized by this release. Passenger also waives any right to inspect or approve finished photographs, audio, video, multimedia, or advertising recordings and copy or printed matter or computer-generated scanned image and other electronic media that may be used in conjunction therewith and to approve the eventual use that it might be applied.
21. APPLICABILITY.
These Conditions of Carriage are applicable unless they are inconsistent with tariffs or applicable law that cannot be waived by agreement of the parties in which event such tariffs or laws will prevail. If any provision of these Conditions of Carriage are invalid under any applicable law, the other provisions will remain valid.
22. RIGHT TO CHANGE CONDITIONS OF CARRIAGE.
Carrier reserves the right, to the extent not prohibited by federal law, to change, delete, or add to any of the terms of these Conditions of Carriage without prior notice. All changes must be in writing and must be available for public inspection. To the extent there is a conflict between the Conditions of Carriage and a Passenger’s itinerary, the Conditions of Carriage govern.
23. GOVERNING LAW AND DISPUTE RESOLUTION.
These Conditions of Carriage and the relationship between Carrier and the Passenger are governed by the laws of the State of New York, without regard to its conflict-of-laws rules.
By purchasing a ticket, or accepting transportation under these Conditions of Carriage, Passenger agrees that any lawsuit brought by or on behalf of Passenger against Carrier or Aero or Blade will be brought only in Passenger’s individual capacity and not as part of a class action proceeding. Nothing in this Section applies to, or shall be construed to limit, the rules of jurisdiction or the notice and limitation periods prescribed by the Montreal Convention for a claim governed by that Convention.
Dispute Resolution. Except as otherwise provided in this Section, any dispute, claim or controversy arising out of or relating to these Terms, a BLADEone Flight, or the breach, termination, enforcement, interpretation or validity of these Terms, including the determination of the scope or applicability of this agreement to arbitrate, shall be resolved by binding individual arbitration administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules then in effect (the “AAA Rules”), and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. The AAA Rules are available at www.adr.org. This agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., and applies to the fullest extent permitted by applicable law.
The arbitration will be conducted before a single arbitrator. The seat of the arbitration will be New York, New York, provided that, at Your election, the arbitration may be conducted by telephone, by videoconference, on the basis of written submissions, or in person in the federal judicial district in which You reside. The arbitrator will apply the law specified in the Choice of Law provision of this Agreement, will have authority to award any relief that a court could award to You individually, and will issue a written decision stating the essential findings and conclusions on which the award is based. Aero and Blade will pay all filing, administration and arbitrator fees that exceed the fees You would have paid to file the same claim in a court of competent jurisdiction, in accordance with the AAA Rules and the AAA consumer fee schedule.
By agreeing to arbitrate, each party knowingly and voluntarily waives the right to a trial by jury and the right to have any dispute covered by this Section resolved in court, except as expressly provided in this Section.
Your right to opt out. You may decline to be bound by this agreement to arbitrate by sending written notice of Your decision to opt out to legal@blade.com and legal@aero.com within thirty (30) days after the date on which You first accept these Terms. Your notice must include Your name, the e-mail address associated with Your reservation, and a statement that You elect to opt out of arbitration. Opting out will not affect any other provision of these Terms or any other aspect of Your relationship with Aero, Blade or Carrier.
If any portion of this Section is found to be unenforceable, that portion will be severed and the remainder of this Section will continue in full force and effect. This Section survives termination of these Terms and the completion of Your BLADEone Flight.
24. CONTACTING US.
All commercial matters relating to a BLADEone Flight, including but not limited to fares, payment, ticket transfers, changes, cancellations, refunds and general inquiries should be directed to reservations@blade.com. Requests relating to (i) service animals, including submission of the DOT Service Animal Air Transportation Form, (ii) assistive and mobility devices, (iii) boarding, deplaning and stair assistance, (iv) hazardous materials and unaccompanied minors, and (v) luggage and baggage, including whether a particular item can be accommodated on the aircraft and claims for lost, damaged or delayed baggage, should be directed to concierge@aero.com, which is staffed by Carrier. A request sent to either address will be honored; Blade will forward to Carrier any request in categories (i) through (v) that it receives, and Carrier will forward to Blade any commercial request it receives.