Terms of Service

BLADE’s COVID-19 and Passenger Vaccination Policy

BLADE requires that all passengers comply with applicable regulations regarding COVID-19.

1. For flights from Nice to Monaco

In accordance with Monegasque regulations applicable at the date of these Terms of Service, any passenger aged 16 years old or over shall present one of the following three (3) documents:

a. A negative result of a PCR or antigenic test less than 24 hours old;

b. A vaccination certification:

- The COVID-19 Vaccine Janssen, which is valid 28 days after the administration of one dose. According to Monegasque policy, a person must have received a booster no later than 9 months after the injection of the initial dose; or

- The COVID-19 Vaccine Pfizer or Moderna, which is valid 7 days after the administration of the second dose or the single dose for people who have had COVID-19. All persons aged 18 years and older must have received a booster no later than 9 months after the injection of the last required dose.

- Please note that beyond this 9-month period, the vaccination status will be considered complete 7 days after the injection of a booster; or

c. Proof of Covid-19 recovery certificate: positive PCR test older than 11 days and less than 6 months old.

The following passengers, provided that they are not residents of Monaco, are not required to present one of the above-mentioned documents:

a. Residents of the French departments of Alpes-Maritimes or Var;

b. Residents of the province of Imperia in Italy;

c. Cross-border student workers; or

d. Professionals from companies established abroad coming to the national territory to perform a service whose urgency or frequency is incompatible with the performance of a PCR or antigen test.

2. For flights from Monaco to France

In accordance with French regulations applicable at the date of these Terms of Service, any passenger aged 12 years old or more shall present one of the following four (4) documents:

a. A negative result of a PCR test of less than 72 hours;

b. A negative result of an antigenic test of less than 24 hours;

c. A vaccination certification:

- The COVID-19 Vaccine Janssen, which is valid 28 days after the administration of one dose; or

- The COVID-19 Vaccine Pfizer or Moderna, which is valid 7 days after the administration of the 2nd dose or the single dose for people who have had COVID-19. All persons aged 18 years and older must have received a booster no later than 9 months after the injection of the last required dose.

- Please note that beyond this 9-month period, the vaccination status will be considered complete 7 days after the injection of a booster; or

d. Proof of Covid-19 recovery certificate: positive PCR test older than 11 days and less than 6 months old.

BLADE reserves the right to request proof of vaccination, such as a vaccination card, a picture or photocopy of a vaccination card or similar government-approved vaccination passport, at its sole discretion. BLADE may refuse service to any passenger who does not comply with the abovementioned requirements, including a failure to provide sufficient proof of vaccination status or negative COVID-19 test results, as applicable, and such passenger will not be entitled to a refund unless they have purchased COVID-19 Flight Insurance (if applicable).

Regardless of vaccination status:

  • Masks are mandatory for pilots, passengers and ground staff. Masks are available at each check-in desk and inside the helicopters’ cabins.

BLADE APP AND WEBSITE TERMS AND CONDITIONS

These Blade App and Website Terms and Conditions Agreement (the “Terms”) govern the use of the BLADE Urban Air Mobility, Inc. (“Blade”) mobile application (the “App”) and websites owned and/or controlled by or on behalf of Blade (the “Website”) (collectively, the App and the Website are the “Service”).

BY INSTALLING OR OTHERWISE ACCESSING OR USING THE APP AND/OR USING THE WEBSITE “USER” AGREES THAT USER HAS READ, UNDERSTANDS, AND AGREES TO BE BOUND BY AND ACT IN ACCORDANCE WITH THE TERMS. USE OF THE SERVICE IS FURTHER SUBJECT TO BLADE’S PRIVACY POLICY. BLADE’S PRIVACY POLICY CAN BE VIEWED ON THE WEBSITE.

1. General.

a. Acceptance of Use. The Service is owned and operated by Blade and therefore, at any time and in Blade’s sole discretion, Blade may revise the Terms, effective upon posting and adequate notification to User. Continued use of the Service after adequate notice of such revisions constitutes User’s acceptance of such revised Terms.

b. Eligibility. By using or opening an account on the Service (an “Account”) on behalf of User or as agent of an entity (each, a “Subscribing Entity”), User represents and warrants that he/she is at least 18 years of age and an authorized representative of and have the authority to bind the Subscribing Entity to the Terms.

2. Registration and Use.

a. Use and Purchases. Use of the Service is free; however, purchases made on the Service must be in made in United States Dollars in the form of Visa, Mastercard, Diners Club International, JCB, Discover, or American Express. Blade does not allow the use of third-party credit cards. Throughout their use of the Services, User may receive “Blade Credits” to be used for future purchases on the Services. Blade Credits will be maintained on User’s account and expire twelve (12) months following the date of their receipt. Notwithstanding the foregoing, Blade Credits received as a "Referral Discount" pursuant to the BLADE Referral Program shall expire at the end of the calendar year in which they were added to User's account.

b. Log In Credentials. Use of the Service requires provision of certain personal information, including but limited to, an e-mail address and Account password (“Information”). Blade will use and store Information in accordance with Blade’s Privacy Policy. User is responsible for maintaining the confidentiality of your Account log-in credentials and activities that occur through the use of your Account. User will immediately notify Blade of an Account’s unauthorized use or breach of security (“Breach”). Blade is not liable for reimbursement, loss, or damage from a Breach until User provides written notice of such Breach and Blade has had a reasonable amount of time to remedy the same.

c. Use at Own Risk. Information transmitted by User is at User’s sole risk.

d. Accuracy of Information. Information provided by User during registration of and use of the Service is and will to the best of User’s knowledge remain current, true, accurate, and complete. If messages sent to an email address provided by you are returned as undeliverable, Blade reserves the right to terminate your Account immediately without notice or liability.

e. Restricted Use. Blade reserves the right to terminate or restrict User’s access to all or any component of the Account, refuse service, or remove or edit content, at any time and without advance notice or liability.

3. Content Ownership and Prohibited Use.

a. All Service content, including but not limited to data, graphics, sound, artwork, and computer code, is Blade’s property, and is protected by the United States and international copyright laws. Nothing contained on this Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any such marks without the Blade’s express written permission.

b. User may not reproduce, duplicate, modify, copy, distribute, transmit, display, sell, transfer, publish, create derivative works from or otherwise exploit for any purpose the content, software, products, or services or data found on the Services.

c. User may not:

i. access, monitor or copy any content or information on the Service using any robot, spider, scraper or other automated means or any manual process for any purpose without Blade’s express written permission;

ii. violate the restrictions in any robot exclusion headers on this Service or bypass or circumvent other measures employed to prevent or limit access to this Service;

iii. take any action that imposes, or may impose, in the discretion of Blade, an unreasonable or disproportionately large load on the Blade's infrastructure;

iv. deep-link to any portion of this Service (including where applicable, without limitation, the purchase path for any travel services) for any purpose without Blade’s express written permission.

v. use this Service for any purpose that is unlawful and/or prohibited by these Terms; or

vi. use the Service for any speculative, false, or fraudulent purposes.

4. LIMITED LIABILITY. BLADE MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SERVICE AND/OR ANY CONTENT, DATA, SOFTWARE, MATERIALS, INFORMATION, PRODUCTS, SERVICES AND/OR OPERATION OF THE SERVICE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USER EXPRESSLY AGREES THAT THE USE OF THE SERVICE IS AT USER’S SOLE RISK. BLADE EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, THAT THE SERVICE WILL BE ERROR-FREE, SECURE, UNINTERRUPTED, OR VIRUS-FREE. THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ON THE SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, ANY OF WHICH BLADE RESERVES THE RIGHT TO CORRECT EVEN POST-CONFIRMATION WITHOUT LIABILITY.

BLADE, ITS AGENTS AND/OR EMPLOYEES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSS, CLAIM, INJURY AND/OR DAMAGE ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS SERVICE, OR FOR ANY INFORMATION SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THE SERVICE, OR ANY FAILURE OR DELAY, OR THE PERFORMANCE OR NONPERFORMANCE BY BLADE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF BLADE HAS BEEN ADVISED OF THE POSSIBLITY OF ANY LOSS, CLAIM, INJURY AND/OR DAMAGE.

BLADE'S LIABILITY FOR ANY CLAIM MADE BY USER RELATING TO THE SERVICE IS LIMITED TO SOLELY THE AMOUNT PAID BY YOU TO BLADE FOR UNUSED PORTIONS OF SUCH SERVICES OR FLIGHTS.

5. Notice Regarding Apple. You acknowledge that these Terms are between you and Blade only, not with Apple, and Apple is not responsible for the App or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the App. Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms. You hereby represent and warrant that (i) you are not 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. If Blade provides a translation of the English language version of these Terms, the translation is provided solely for convenience, and the English version will prevail.

OPERATORS AND AIRCRAFT

BLADE is an air charter broker and tourism intermediate. BLADE does not have operational authority over aircraft. All flights are operated by licensed air carriers. All Flights are operated by either S.A.M Monacair (“Monacair”), Héli Sécurité S.A.S (“Héli Sécurité”), Azur Hélicoptère S.A.S. (“Azur”), and Castle Air, Ltd. ( “Castle Air” and collectively, with Monacair, Héli Sécurité, and Azur the “Operators”) Flights Between Monaco Heliport and Nice Côte d'Azur will be operated by Monacair or Héli Sécurité using Airbus H 130 or H 125 aircraft or other aircraft as specifically requested by a passenger on a full charter basis, pending availability.

1. LUGGAGE POLICY

a. Luggage Allowance. Passengers are allowed one (1) standard sized bag (23.6 in x 17.7 in x 9.8 in) not to exceed forty-six pounds (46 lbs.) as well as one small handbag (purse or briefcase). All luggage is subject to Operator’s sole discretion. Additional luggage requires Operator’s pre-approval. Blade nor Operators assume liability for lost, damage, or delayed luggage. We encourage our passenger to use soft bags.

b. Extra Luggage. Extra Luggage is subject to feasibility and an additional fee. Any additional luggage will be charged $147.00 excess luggage fee. If the number of additional luggage requires Operator to operate a second aircraft, the cost of the additional aircraft needed will be the sole responsibility of the passenger. If your luggage requires special care (fragile luggage or dimensions outside the authorized standard) you must contact BLADE flier relations (reservations@blade.com or 844.359.2523) at least twenty-four (24) hours in advance. Any luggage that does not meet the required standard will be transported as soon as possible by air or land and subject to an additional charge at the expense of the passenger.

PASSENGER WEIGHT RESTRICTIONS

Helicopters have a maximum weight capacity as well as other restrictions that govern the balance of the aircraft and help to ensure the safety of all our passengers. The weight limit is 264 lbs. per passenger.

HAZARDOUS PRODUCTS AND REGULATIONS

Passenger expressly represents and warrants that he is aware of customs regulations concerning the transport of dangerous materials and products, weapons, cash and illegal substances. Passenger represents and warrants to comply with visa requirements. Passenger represents and warrants that he is not carrying any product that may violate the above-mentioned regulations. Passenger represents and warrants having been fully informed in this respect by BLADE at the time of the reservation. Under no circumstances will Blade be responsible for refusing to allow prohibited items onto an aircraft. BLADE reserves the right to prohibit any items onto an aircraft with or without cause.

WEATHER, DELAY AND CANCELLATION POLICIES

Cancellation Due to Weather. The flight is fully refunded in the event of cancellation by BLADE due to weather conditions. If the passenger is prepared to cancel due to bad weather conditions, reimbursement is not possible. In case of a weather cancellation, BLADE will offer passengers the option to be transported by ground. If passengers refused to travel by ground BLADE will not bear any cancellation costs, neither direct nor indirect (hotel, restaurant, etc.) BLADE will reimburse the helicopter flight minus all third-party costs.

Specific Conditions in Case of Delay.

Charter Flight

Shared Flight

By-The-Seat

Delay due to Passenger

Beyond 20 minutes, penalty of 10% of the total amount of your order. In all cases, the maximum delay tolerated is 30 minutes. Beyond 30 minutes will result in a full forfeiture of the value of your entire order.

No delays are possible for passengers who have reserved seats on a shared flight.

Passengers agree to wait up to 10 minutes for other passengers. Beyond 10 minutes will result in a full forfeiture of the value of your entire order. Passengers may choose to pay the difference to book a non-shared flight.

In case of delay, the reservation is lost and non-refundable. Passengers agree to wait at least 20 minutes for other passengers or the reservation is lost and non-refundable. Passengers can also choose to pay the difference to book a non-shared flight.

Passenger connecting flight delayed

Beyond 20 minutes, penalty of 10% of the total amount of the flight. In all cases, the maximum delay tolerated is 30 minutes. Beyond 30 minutes will result in a full forfeiture of the value of your entire order.

Passengers agree to up to 20 minutes for other passengers. Beyond 20 minutes will result in a full forfeiture of the value of your entire order. Passengers may choose to pay the difference to book a non-shared flight and pay the additional costs.

Passengers agree to wait up to 20 minutes for other passengers. Beyond 20 minutes will result in a full forfeiture of the value of your entire order. Passengers may choose to pay the difference to book a non-shared flight and pay the additional costs.

Delay causing a flight by night

The passenger can choose to upgrade to a twin-engine helicopter for an additional fee or the reservation is forfeited and non-refundable

The passenger can choose to upgrade to a twin-engine helicopter for an additional fee or the reservation is forfeited and non-refundable. An alternative ground transport can be arranged. In this case, passengers agree to wait the necessary time for BLADE to make the necessary arrangements.

The passenger can choose to upgrade to a twin-engine helicopter for an additional fee or the reservation is forfeited and non-refundable. An alternative ground transport can be arranged. In this case, passengers agree to wait the necessary time for BLADE to make the necessary arrangements.

Cancellations and Changes.

Charter Flight

Cancellation Policy

Change Policy

More than seven (7) days prior to scheduled departure: You may cancel your flight reservation and receive a refund for the entire value of your order.

More than forty-eight hours prior to scheduled departure: You may cancel your flight reservation and receive a refund for 50% of the value of your order.

Less than forty-eight (48) hours prior to scheduled departure: No cancellations allowed. Any cancellation will result in a full forfeiture of the value of your entire order.

Weather Cancellation: In the event of cancellation due to weather, you will receive a refund equal to the value of your entire order.

Special conditions during the Monaco Grand Prix: You may cancel your flight up to seven (7) days before your flight and receive a 50% refund of the value of your order. No refund in any other cases or in case of no show.

More than forty-eight (48) hours prior to scheduled departure: Changes will be accommodated, subject to aircraft availability. Additional charges may apply.

Less than forty-eight (48) hours prior to scheduled departure: No changes allowed.

By-The-Seat

Cancellation Policy

Change Policy

More than twenty-four (24) hours prior to scheduled departure: You may cancel your flight reservation and receive BLADE Credits equal to the value of your order minus a cancellation fee of $95 per seat.

Less than twenty-four (24) hours prior to scheduled departure: No cancellations allowed. Any cancellation will result in a full forfeiture of the value of your entire order.

Weather Cancellation: In the event of cancellation due to weather, you will receive a refund equal to the value of your entire order.

More than twenty-four (24) hours prior to scheduled departure: You may change you flight reservation for a change fee of $95 per seat.

Less than twenty-four (24) hours prior to scheduled departure: No changes allowed.

Shared Charter

Cancellation Policy

Change Policy

You may not cancel your flight reservation. Any cancellation will result in a full forfeiture of the value of your entire order.

You may not change your flight reservation. All sales are final.

The flight is fully refunded in the event of cancellation by BLADE due to weather conditions. If the Passenger is prepared to cancel due to bad weather conditions, reimbursement is not possible.

BLADE will reimburse the helicopter flight minus all third-party costs.

REFUSAL TO TRANSPORT

Operators may refuse to transport or remove a passenger from an aircraft for any reason, including, but not limited to:

- Failure to comply with this Terms of Service or Operator’s instruction in general;

- Disorderly, disruptive, abusive, threatening, or conduct;

- Appearance by the passenger that he/she is intoxicated or under the influence of alcohol drugs;

- The appearance that a passenger is engaged in illegal activity; or

- Unauthorized photography in blade lounges or on flights

FLIGHT RESERVATIONS, CONFIRMATION, AND PAYMENT

Flight pricing includes all applicable taxes and fees and is viewable through Blade’s mobile application (the “App”) and at Blade.com (collectively, the “Services”). Flight requests are made through the Services. FLIGHTS ARE NOT CONFIRMED UNTIL PASSENGER RECEIVES A CONFIRMATION E-MAIL (“Confirmation”). Blade will not provide confirmation until receipt of full payment for the Flight. Blade will not accept payment for the Flight unless, in connection with such payment, Passenger digitally agrees to this Agreement. Upon execution of the Agreement and delivery of Confirmation, Blade will transmit the payment for the Flight to Blade’s Charter Depository (Escrow) Account at Shelby Financial Corporation, 1 North Bacton Hill Road, Suite 203, Frazer, PA 19355. Payment for Flights are further protected in part by a “Security Agreement” between Blade and ACSTAR Insurance Company (“Securer”), 30 South Road, Farmington, CT 06032. Unless Passenger files a claim with Blade, or, if Blade is unavailable, with Securer within 60 days after the completion of the Flight, Securer will be released from all liability to Passenger under the Security Agreement

DISABLED PERSONS AND PERSONS WITH REDUCED MOBILITY

Our staff can assists you into the helicopter and will bring your wheelchair to and from the Heliport while you are flying. You will need to be able to sit in one of the seats of the aircraft with your legs bent. If you require assistance please contact our Flier Relations by emailing reservations@blade.com at least 48 hours prior to your departure.

PASSPORT AND VISAS

The most common travel documents you will need are:

- An international passport or identity card. Be sure to check the validity of your passport or Identity card, as some countries only allow entry if your passport or identity card is valid for at least six months after your arrival date;

- A travel visa or other authorization documents if applicable.

INSURANCE

BLADE DOES NOT PROVIDE OR HAVE AIR CHARTER BROKER LIABILITY OR ANY OTHER INSURANCE THAT EXTENDS OR IS INTENDED TO PROVIDE ANY COVERAGE PROTECTION, OR BENEFIT TO USER BEFORE, DURING, OR AFTER ANY FLIGHT

Trip cancellation, health, and accident insurance are available for purchase by all passengers from third parties. Blade shall provide details on such insurance to passengers upon request.

NON-CONFORMITY

The passenger shall communicate any non-conformity that he/she finds during the performance of the Services to BLADE by emailing reservations@blade.com or calling 844.359.2523.

INTERNAL COMPLAINTS PROCEDURES AND OUT-OF-COURT DISPUTE SETTLEMENT MECHANISMS

1. Mandatory Arbitration. Please read this carefully. It affects your rights. YOU AND Blade AND EACH OF OUR RESPECTIVE SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, AND PERMITTED ASSIGNS AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICE. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration.

a. Commencing Arbitration. A party who intends to seek arbitration must first send to the other, by certified mail, a written notice of intent to arbitrate (a “Notice”), or, in the absence of a mailing address provided by you to Blade, to you via any other method available to Blade, including via e-mail. The Notice to Blade should be addressed to BLADE Urban Air Mobility, Inc., 499 E. 34th Street, New York, NY 10016, Attn: General Counsel (the “Arbitration Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (the “Demand”). If you and Blade do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Blade may commence an arbitration proceeding as set forth below or file a claim in small claims court. THE ARBITRATION WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (the “Rules”), AS MODIFIED BY THIS AGREEMENT. The Rules and AAA forms are available online at www.adr.org. If you are required to pay a filing fee to commence an arbitration against Blade, then Blade will promptly reimburse you for your confirmed payment of the filing fee upon Blade’s receipt of Notice at the Arbitration Notice Address that you have commenced arbitration along with a receipt evidencing payment of the filing fee, unless your Demand is equal to or greater than $1,000 or was filed in bad faith, in which case you are solely responsible for the payment of the filing fee.

b. Arbitration Proceeding. The arbitration will be conducted in the English language. A single independent and impartial arbitrator will be appointed pursuant to the Rules, as modified herein. You and Blade agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (i) the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (ii) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

c. No Class Actions. YOU AND BLADE AGREE THAT YOU AND BLADE MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION SECTION WILL BE NULL AND VOID.

d. Decision of the Arbitrator. Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement setting forth the reasons for the disposition of any claim. The arbitrator will apply the laws of the State of New York in conducting the arbitration. You acknowledge that these terms and your use of the Service evidences a transaction involving interstate commerce. The United States Federal Arbitration Act will govern the interpretation, enforcement, and proceedings pursuant to the Mandatory Arbitration clause in this Agreement.

2. Equitable Relief. The foregoing provisions of this Dispute Resolution section do not apply to any claim in which Blade seeks equitable relief of any kind. You acknowledge that, in the event of a breach of this Agreement by Blade or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against Blade, and your only remedy will be for monetary damages, subject to the limitations of liability set forth in this Agreement.

3. Claims. You and Blade agree that, notwithstanding any other rights the party may have under law or equity, any cause of action arising out of or related to this Agreement, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

4. Improperly Filed Claims. All claims you bring against Blade must be resolved in accordance with this Dispute Resolution section. All claims filed or brought contrary to this Dispute Resolution section will be considered improperly filed. Should you file a claim contrary to this Dispute Resolution section, Blade may recover attorneys' fees and costs up to $5,000, provided that Blade has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

5. Modifications. In the event that Blade makes any future change to the Mandatory Arbitration provision (other than a change to Blade’s Arbitration Notice Address), you may reject any such change by sending us written notice within 30 days of the change to Blade’s Arbitration Notice Address, in which case your account with Blade and your license to use the Service will terminate immediately, and this Dispute Resolution provision, as in effect immediately prior to the amendments you reject, will survive the termination of this Agreement.


MISCELLANEOUS

  • Passenger is responsible for all costs, including excessive cleaning, associated with any damage, stains, or extraordinary wear and tear caused by, or otherwise attributed to, passenger or participant’s passengers on any flight (“damage fee”). all damage fees will be charged to the default form of payment listed in passenger’s account.
  • Blade has not nor has a responsibility to book hotels or provide any other accommodations.
  • Passenger and each member of the traveling party must present government-issued photo identification before boarding; such identity document should match the name as it appears on the Confirmation. Failure to provide proper identification may result in (i) delay of boarding and departure, or (ii) or denial in boarding and forfeiture of amounts paid for the Flight.
  • Blade and/or Operators, or the substitutes thereof, reserve the right to assign seats to all passengers.
  • All communications, including legal notices, sent to Operator must be mailed to the address first set forth above. Any reasonable method of written communication to Passenger shall be deemed adequate notice by Blade.
  • This Agreement shall be governed by and construed in accordance with the laws of the State of New York, including all matters of construction, validity and performance, without regard to its conflict of laws provisions other than Section 5-1401 and Section 5-1402 of the New York General Obligations Law. Each of the parties irrevocably and unconditionally: (i) agrees that any suit, action or legal proceeding arising out of or relating to this Agreement shall be brought in the courts of the State of New York or the District Court of the United States having jurisdiction therein; (ii) consents to the jurisdiction of, and court rules in any such court; (iii) waives any objection which it may have to personal jurisdiction, subject matter jurisdiction and the laying of venue of any such suit, action or proceeding in any of such courts; and (iv) agrees that service of any court paper may be effected on such party by mail, or in such other manner as may be provided under applicable laws or court rules of any such court. THE PARTIES HEREBY KNOWINGLY AND FREELY WAIVE THEIR RIGHTS TO A JURY TRIAL IN ANY ACTION, SUIT OR PROCEEDING RELATING TO, ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT.
  • If any one or more provisions of this Agreement shall be found to be illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

Terms of Service

BLADE’s COVID-19 and Passenger Vaccination Policy

BLADE requires that all passengers comply with applicable regulations regarding COVID-19.

1. For flights from Nice to Monaco

In accordance with Monegasque regulations applicable at the date of these Terms of Service, any passenger aged 16 years old or over shall present one of the following three (3) documents:

a. a negative result of a PCR or antigenic test less than 24 hours old;

b. a vaccination certification:

- The COVID-19 Vaccine Janssen, which is valid 28 days after the administration of one dose. According to Monegasque policy, a person must have received a booster no later than 9 months after the injection of the initial dose; or

- The COVID-19 Vaccine Pfizer or Moderna, which is valid 7 days after the administration of the second dose or the single dose for people who have had COVID-19. All persons aged 18 years and older must have received a booster no later than 9 months after the injection of the last required dose.

- Please note that beyond this 9-month period, the vaccination status will be considered complete 7 days after the injection of a booster; or

c. Proof of Covid-19 recovery certificate: positive PCR test older than 11 days and less than 6 months old.

The following passengers, provided that they are not residents of Monaco, are not required to present one of the above-mentioned documents:

a. residents of the French departments of Alpes-Maritimes or Var;

b. residents of the province of Imperia in Italy;

c. cross-border student workers; or

d. professionals from companies established abroad coming to the national territory to perform a service whose urgency or frequency is incompatible with the performance of a PCR or antigen test.

2. For flights from Monaco to France

In accordance with French regulations applicable at the date of these Terms of Service, any passenger aged 12 years old or more shall present one of the following four (4) documents:

a. a negative result of a PCR test of less than 72 hours;

b. a negative result of an antigenic test of less than 24 hours;

c. a vaccination certification:

- The COVID-19 Vaccine Janssen, which is valid 28 days after the administration of one dose; or

- The COVID-19 Vaccine Pfizer or Moderna, which is valid 7 days after the administration of the 2nd dose or the single dose for people who have had COVID-19. All persons aged 18 years and older must have received a booster no later than 9 months after the injection of the last required dose.

- Please note that beyond this 9-month period, the vaccination status will be considered complete 7 days after the injection of a booster; or

d. Proof of Covid-19 recovery certificate: positive PCR test older than 11 days and less than 6 months old.

BLADE reserves the right to request proof of vaccination, such as a vaccination card, a picture or photocopy of a vaccination card or similar government-approved vaccination passport, at its sole discretion. BLADE may refuse service to any passenger who does not comply with the abovementioned requirements, including a failure to provide sufficient proof of vaccination status or negative COVID-19 test results, as applicable, and such passenger will not be entitled to a refund unless they have purchased COVID-19 Flight Insurance (if applicable).

Regardless of vaccination status:

  • Masks are mandatory for pilots, passengers and ground staff. Masks are available at each check-in desk and inside the helicopters’ cabins.

BLADE APP AND WEBSITE TERMS AND CONDITIONS

These Blade App and Website Terms and Conditions Agreement (the “Terms”) govern the use of the BLADE Urban Air Mobility, Inc. (“Blade”) mobile application (the “App”) and websites owned and/or controlled by or on behalf of Blade (the “Website”) (collectively, the App and the Website are the “Service”).

BY INSTALLING OR OTHERWISE ACCESSING OR USING THE APP AND/OR USING THE WEBSITE “USER” AGREES THAT USER HAS READ, UNDERSTANDS, AND AGREES TO BE BOUND BY AND ACT IN ACCORDANCE WITH THE TERMS. USE OF THE SERVICE IS FURTHER SUBJECT TO BLADE’S PRIVACY POLICY. BLADE’S PRIVACY POLICY CAN BE VIEWED ON THE WEBSITE.

1. General.

a. Acceptance of Use. The Service is owned and operated by Blade and therefore, at any time and in Blade’s sole discretion, Blade may revise the Terms, effective upon posting and adequate notification to User. Continued use of the Service after adequate notice of such revisions constitutes User’s acceptance of such revised Terms.

b. Eligibility. By using or opening an account on the Service (an “Account”) on behalf of User or as agent of an entity (each, a “Subscribing Entity”), User represents and warrants that he/she is at least 18 years of age and an authorized representative of and have the authority to bind the Subscribing Entity to the Terms.

2. Registration and Use.

a. Use and Purchases. Use of the Service is free; however, purchases made on the Service must be in made in United States Dollars in the form of Visa, Mastercard, Diners Club International, JCB, Discover, or American Express. Blade does not allow the use of third-party credit cards. Throughout their use of the Services, User may receive “Blade Credits” to be used for future purchases on the Services. Blade Credits will be maintained on User’s account and expire twelve (12) months following the date of their receipt. Notwithstanding the foregoing, Blade Credits received as a "Referral Discount" pursuant to the BLADE Referral Program shall expire at the end of the calendar year in which they were added to User's account.

b. Log In Credentials. Use of the Service requires provision of certain personal information, including but limited to, an e-mail address and Account password (“Information”). Blade will use and store Information in accordance with Blade’s Privacy Policy. User is responsible for maintaining the confidentiality of your Account log-in credentials and activities that occur through the use of your Account. User will immediately notify Blade of an Account’s unauthorized use or breach of security (“Breach”). Blade is not liable for reimbursement, loss, or damage from a Breach until User provides written notice of such Breach and Blade has had a reasonable amount of time to remedy the same.

c. Use at Own Risk. Information transmitted by User is at User’s sole risk.

d. Accuracy of Information. Information provided by User during registration of and use of the Service is and will to the best of User’s knowledge remain current, true, accurate, and complete. If messages sent to an email address provided by you are returned as undeliverable, Blade reserves the right to terminate your Account immediately without notice or liability.

e. Restricted Use. Blade reserves the right to terminate or restrict User’s access to all or any component of the Account, refuse service, or remove or edit content, at any time and without advance notice or liability.

3. Content Ownership and Prohibited Use.

a. All Service content, including but not limited to data, graphics, sound, artwork, and computer code, is Blade’s property, and is protected by the United States and international copyright laws. Nothing contained on this Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any such marks without the Blade’s express written permission.

b. User may not reproduce, duplicate, modify, copy, distribute, transmit, display, sell, transfer, publish, create derivative works from or otherwise exploit for any purpose the content, software, products, or services or data found on the Services.

c. User may not:

i. access, monitor or copy any content or information on the Service using any robot, spider, scraper or other automated means or any manual process for any purpose without Blade’s express written permission;

ii. violate the restrictions in any robot exclusion headers on this Service or bypass or circumvent other measures employed to prevent or limit access to this Service;

iii. take any action that imposes, or may impose, in the discretion of Blade, an unreasonable or disproportionately large load on the Blade's infrastructure;

iv. deep-link to any portion of this Service (including where applicable, without limitation, the purchase path for any travel services) for any purpose without Blade’s express written permission.

v. use this Service for any purpose that is unlawful and/or prohibited by these Terms; or

vi. use the Service for any speculative, false, or fraudulent purposes.

4. LIMITED LIABILITY. BLADE MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SERVICE AND/OR ANY CONTENT, DATA, SOFTWARE, MATERIALS, INFORMATION, PRODUCTS, SERVICES AND/OR OPERATION OF THE SERVICE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USER EXPRESSLY AGREES THAT THE USE OF THE SERVICE IS AT USER’S SOLE RISK. BLADE EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, THAT THE SERVICE WILL BE ERROR-FREE, SECURE, UNINTERRUPTED, OR VIRUS-FREE. THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ON THE SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, ANY OF WHICH BLADE RESERVES THE RIGHT TO CORRECT EVEN POST-CONFIRMATION WITHOUT LIABILITY.

BLADE, ITS AGENTS AND/OR EMPLOYEES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSS, CLAIM, INJURY AND/OR DAMAGE ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS SERVICE, OR FOR ANY INFORMATION SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THE SERVICE, OR ANY FAILURE OR DELAY, OR THE PERFORMANCE OR NONPERFORMANCE BY BLADE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF BLADE HAS BEEN ADVISED OF THE POSSIBLITY OF ANY LOSS, CLAIM, INJURY AND/OR DAMAGE.

BLADE'S LIABILITY FOR ANY CLAIM MADE BY USER RELATING TO THE SERVICE IS LIMITED TO SOLELY THE AMOUNT PAID BY YOU TO BLADE FOR UNUSED PORTIONS OF SUCH SERVICES OR FLIGHTS.

5. Notice Regarding Apple. You acknowledge that these Terms are between you and Blade only, not with Apple, and Apple is not responsible for the App or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the App. Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms. You hereby represent and warrant that (i) you are not 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. If Blade provides a translation of the English language version of these Terms, the translation is provided solely for convenience, and the English version will prevail.

OPERATORS AND AIRCRAFT

BLADE is an air charter broker and tourism intermediate. BLADE does not have operational authority over aircraft. All flights are operated by licensed air carriers. All Flights are operated by either S.A.M Monacair (“Monacair”), Héli Sécurité S.A.S (“Héli Sécurité”), Azur Hélicoptère S.A.S. (“Azur”), and Castle Air, Ltd. ( “Castle Air” and collectively, with Monacair, Héli Sécurité, and Azur the “Operators”) Flights Between Monaco Heliport and Nice Côte d'Azur will be operated by Monacair or Héli Sécurité using Airbus H 130 or H 125 aircraft or other aircraft as specifically requested by a passenger on a full charter basis, pending availability.

1. LUGGAGE POLICY

a. Luggage Allowance. Passengers are allowed one (1) standard sized bag (23.6 in x 17.7 in x 9.8 in) not to exceed forty-six pounds (46 lbs.) as well as one small handbag (purse or briefcase). All luggage is subject to Operator’s sole discretion. Additional luggage requires Operator’s pre-approval. Blade nor Operators assume liability for lost, damage, or delayed luggage. We encourage our passenger to use soft bags.

b. Extra Luggage. Extra Luggage is subject to feasibility and an additional fee. Any additional luggage will be charged $147.00 excess luggage fee. If the number of additional luggage requires Operator to operate a second aircraft, the cost of the additional aircraft needed will be the sole responsibility of the passenger. If your luggage requires special care (fragile luggage or dimensions outside the authorized standard) you must contact BLADE flier relations (reservations@blade.com or 844.359.2523) at least twenty-four (24) hours in advance. Any luggage that does not meet the required standard will be transported as soon as possible by air or land and subject to an additional charge at the expense of the passenger.

PASSENGER WEIGHT RESTRICTIONS

Helicopters have a maximum weight capacity as well as other restrictions that govern the balance of the aircraft and help to ensure the safety of all our passengers. The weight limit is 264 lbs. per passenger.

HAZARDOUS PRODUCTS AND REGULATIONS

Passenger expressly represents and warrants that he is aware of customs regulations concerning the transport of dangerous materials and products, weapons, cash and illegal substances. Passenger represents and warrants to comply with visa requirements. Passenger represents and warrants that he is not carrying any product that may violate the above-mentioned regulations. Passenger represents and warrants having been fully informed in this respect by BLADE at the time of the reservation. Under no circumstances will Blade be responsible for refusing to allow prohibited items onto an aircraft. BLADE reserves the right to prohibit any items onto an aircraft with or without cause.

WEATHER, DELAY AND CANCELLATION POLICIES

Cancellation Due to Weather. The flight is fully refunded in the event of cancellation by BLADE due to weather conditions. If the passenger is prepared to cancel due to bad weather conditions, reimbursement is not possible. In case of a weather cancellation, BLADE will offer passengers the option to be transported by ground. If passengers refused to travel by ground BLADE will not bear any cancellation costs, neither direct nor indirect (hotel, restaurant, etc.) BLADE will reimburse the helicopter flight minus all third-party costs.

Specific Conditions in Case of Delay.

Charter Flight

Shared Flight

By-The-Seat

Delay due to Passenger

Beyond 20 minutes, penalty of 10% of the total amount of your order. In all cases, the maximum delay tolerated is 30 minutes. Beyond 30 minutes will result in a full forfeiture of the value of your entire order.

No delays are possible for passengers who have reserved seats on a shared flight.

Passengers agree to wait up to 10 minutes for other passengers. Beyond 10 minutes will result in a full forfeiture of the value of your entire order. Passengers may choose to pay the difference to book a non-shared flight.

In case of delay, the reservation is lost and non-refundable. Passengers agree to wait at least 20 minutes for other passengers or the reservation is lost and non-refundable. Passengers can also choose to pay the difference to book a non-shared flight.

Passenger connecting flight delayed

Beyond 20 minutes, penalty of 10% of the total amount of the flight. In all cases, the maximum delay tolerated is 30 minutes. Beyond 30 minutes will result in a full forfeiture of the value of your entire order.

Passengers agree to up to 20 minutes for other passengers. Beyond 20 minutes will result in a full forfeiture of the value of your entire order. Passengers may choose to pay the difference to book a non-shared flight and pay the additional costs.

Passengers agree to wait up to 20 minutes for other passengers. Beyond 20 minutes will result in a full forfeiture of the value of your entire order. Passengers may choose to pay the difference to book a non-shared flight and pay the additional costs.

Delay causing a flight by night

The passenger can choose to upgrade to a twin-engine helicopter for an additional fee or the reservation is forfeited and non-refundable

The passenger can choose to upgrade to a twin-engine helicopter for an additional fee or the reservation is forfeited and non-refundable. An alternative ground transport can be arranged. In this case, passengers agree to wait the necessary time for BLADE to make the necessary arrangements.

The passenger can choose to upgrade to a twin-engine helicopter for an additional fee or the reservation is forfeited and non-refundable. An alternative ground transport can be arranged. In this case, passengers agree to wait the necessary time for BLADE to make the necessary arrangements.

Cancellations and Changes.

Charter Flight

Cancellation Policy

Change Policy

More than seven (7) days prior to scheduled departure: You may cancel your flight reservation and receive a refund for the entire value of your order.

More than forty-eight hours prior to scheduled departure: You may cancel your flight reservation and receive a refund for 50% of the value of your order.

Less than forty-eight (48) hours prior to scheduled departure: No cancellations allowed. Any cancellation will result in a full forfeiture of the value of your entire order.

Weather Cancellation: In the event of cancellation due to weather, you will receive a refund equal to the value of your entire order.

Special conditions during the Monaco Grand Prix: You may cancel your flight up to seven (7) days before your flight and receive a 50% refund of the value of your order. No refund in any other cases or in case of no show.

More than forty-eight (48) hours prior to scheduled departure: Changes will be accommodated, subject to aircraft availability. Additional charges may apply.

Less than forty-eight (48) hours prior to scheduled departure: No changes allowed.

By-The-Seat

Cancellation Policy

Change Policy

More than twenty-four (24) hours prior to scheduled departure: You may cancel your flight reservation and receive BLADE Credits equal to the value of your order minus a cancellation fee of $95 per seat.

Less than twenty-four (24) hours prior to scheduled departure: No cancellations allowed. Any cancellation will result in a full forfeiture of the value of your entire order.

Weather Cancellation: In the event of cancellation due to weather, you will receive a refund equal to the value of your entire order.

More than twenty-four (24) hours prior to scheduled departure: You may change you flight reservation for a change fee of $95 per seat.

Less than twenty-four (24) hours prior to scheduled departure: No changes allowed.

Shared Charter

Cancellation Policy

Change Policy

You may not cancel your flight reservation. Any cancellation will result in a full forfeiture of the value of your entire order.

You may not change your flight reservation. All sales are final.

The flight is fully refunded in the event of cancellation by BLADE due to weather conditions. If the Passenger is prepared to cancel due to bad weather conditions, reimbursement is not possible.

BLADE will reimburse the helicopter flight minus all third-party costs.

REFUSAL TO TRANSPORT

Operators may refuse to transport or remove a passenger from an aircraft for any reason, including, but not limited to:

- Failure to comply with this Terms of Service or Operator’s instruction in general;

- Disorderly, disruptive, abusive, threatening, or conduct;

- Appearance by the passenger that he/she is intoxicated or under the influence of alcohol drugs;

- The appearance that a passenger is engaged in illegal activity; or

- Unauthorized photography in blade lounges or on flights

FLIGHT RESERVATIONS, CONFIRMATION, AND PAYMENT

Flight pricing includes all applicable taxes and fees and is viewable through Blade’s mobile application (the “App”) and at Blade.com (collectively, the “Services”). Flight requests are made through the Services. FLIGHTS ARE NOT CONFIRMED UNTIL PASSENGER RECEIVES A CONFIRMATION E-MAIL (“Confirmation”). Blade will not provide confirmation until receipt of full payment for the Flight. Blade will not accept payment for the Flight unless, in connection with such payment, Passenger digitally agrees to this Agreement. Upon execution of the Agreement and delivery of Confirmation, Blade will transmit the payment for the Flight to Blade’s Charter Depository (Escrow) Account at Shelby Financial Corporation, 1 North Bacton Hill Road, Suite 203, Frazer, PA 19355. Payment for Flights are further protected in part by a “Security Agreement” between Blade and ACSTAR Insurance Company (“Securer”), 30 South Road, Farmington, CT 06032. Unless Passenger files a claim with Blade, or, if Blade is unavailable, with Securer within 60 days after the completion of the Flight, Securer will be released from all liability to Passenger under the Security Agreement

DISABLED PERSONS AND PERSONS WITH REDUCED MOBILITY

Our staff can assists you into the helicopter and will bring your wheelchair to and from the Heliport while you are flying. You will need to be able to sit in one of the seats of the aircraft with your legs bent. If you require assistance please contact our Flier Relations by emailing reservations@blade.com at least 48 hours prior to your departure.

PASSPORT AND VISAS

The most common travel documents you will need are:

- An international passport or identity card. Be sure to check the validity of your passport or Identity card, as some countries only allow entry if your passport or identity card is valid for at least six months after your arrival date;

- A travel visa or other authorization documents if applicable.

INSURANCE

BLADE DOES NOT PROVIDE OR HAVE AIR CHARTER BROKER LIABILITY OR ANY OTHER INSURANCE THAT EXTENDS OR IS INTENDED TO PROVIDE ANY COVERAGE PROTECTION, OR BENEFIT TO USER BEFORE, DURING, OR AFTER ANY FLIGHT

Trip cancellation, health, and accident insurance are available for purchase by all passengers from third parties. Blade shall provide details on such insurance to passengers upon request.

NON-CONFORMITY

The passenger shall communicate any non-conformity that he/she finds during the performance of the Services to BLADE by emailing reservations@blade.com or calling 844.359.2523.

INTERNAL COMPLAINTS PROCEDURES AND OUT-OF-COURT DISPUTE SETTLEMENT MECHANISMS

1. Mandatory Arbitration. Please read this carefully. It affects your rights. YOU AND Blade AND EACH OF OUR RESPECTIVE SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, AND PERMITTED ASSIGNS AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICE. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration.

a. Commencing Arbitration. A party who intends to seek arbitration must first send to the other, by certified mail, a written notice of intent to arbitrate (a “Notice”), or, in the absence of a mailing address provided by you to Blade, to you via any other method available to Blade, including via e-mail. The Notice to Blade should be addressed to BLADE Urban Air Mobility, Inc., 499 E. 34th Street, New York, NY 10016, Attn: General Counsel (the “Arbitration Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (the “Demand”). If you and Blade do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Blade may commence an arbitration proceeding as set forth below or file a claim in small claims court. THE ARBITRATION WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (the “Rules”), AS MODIFIED BY THIS AGREEMENT. The Rules and AAA forms are available online at www.adr.org. If you are required to pay a filing fee to commence an arbitration against Blade, then Blade will promptly reimburse you for your confirmed payment of the filing fee upon Blade’s receipt of Notice at the Arbitration Notice Address that you have commenced arbitration along with a receipt evidencing payment of the filing fee, unless your Demand is equal to or greater than $1,000 or was filed in bad faith, in which case you are solely responsible for the payment of the filing fee.

b. Arbitration Proceeding. The arbitration will be conducted in the English language. A single independent and impartial arbitrator will be appointed pursuant to the Rules, as modified herein. You and Blade agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (i) the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (ii) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

c. No Class Actions. YOU AND BLADE AGREE THAT YOU AND BLADE MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION SECTION WILL BE NULL AND VOID.

d. Decision of the Arbitrator. Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement setting forth the reasons for the disposition of any claim. The arbitrator will apply the laws of the State of New York in conducting the arbitration. You acknowledge that these terms and your use of the Service evidences a transaction involving interstate commerce. The United States Federal Arbitration Act will govern the interpretation, enforcement, and proceedings pursuant to the Mandatory Arbitration clause in this Agreement.

2. Equitable Relief. The foregoing provisions of this Dispute Resolution section do not apply to any claim in which Blade seeks equitable relief of any kind. You acknowledge that, in the event of a breach of this Agreement by Blade or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against Blade, and your only remedy will be for monetary damages, subject to the limitations of liability set forth in this Agreement.

3. Claims. You and Blade agree that, notwithstanding any other rights the party may have under law or equity, any cause of action arising out of or related to this Agreement, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

4. Improperly Filed Claims. All claims you bring against Blade must be resolved in accordance with this Dispute Resolution section. All claims filed or brought contrary to this Dispute Resolution section will be considered improperly filed. Should you file a claim contrary to this Dispute Resolution section, Blade may recover attorneys' fees and costs up to $5,000, provided that Blade has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

5. Modifications. In the event that Blade makes any future change to the Mandatory Arbitration provision (other than a change to Blade’s Arbitration Notice Address), you may reject any such change by sending us written notice within 30 days of the change to Blade’s Arbitration Notice Address, in which case your account with Blade and your license to use the Service will terminate immediately, and this Dispute Resolution provision, as in effect immediately prior to the amendments you reject, will survive the termination of this Agreement.

MISCELLANEOUS

· Passenger is responsible for all costs, including excessive cleaning, associated with any damage, stains, or extraordinary wear and tear caused by, or otherwise attributed to, passenger or participant’s passengers on any flight (“damage fee”). all damage fees will be charged to the default form of payment listed in passenger’s account.

  • Blade has not nor has a responsibility to book hotels or provide any other accommodations.
  • Passenger and each member of the traveling party must present government-issued photo identification before boarding; such identity document should match the name as it appears on the Confirmation. Failure to provide proper identification may result in (i) delay of boarding and departure, or (ii) or denial in boarding and forfeiture of amounts paid for the Flight.
  • Blade and/or Operators, or the substitutes thereof, reserve the right to assign seats to all passengers.
  • All communications, including legal notices, sent to Operator must be mailed to the address first set forth above. Any reasonable method of written communication to Passenger shall be deemed adequate notice by Blade.
  • This Agreement shall be governed by and construed in accordance with the laws of the State of New York, including all matters of construction, validity and performance, without regard to its conflict of laws provisions other than Section 5-1401 and Section 5-1402 of the New York General Obligations Law. Each of the parties irrevocably and unconditionally: (i) agrees that any suit, action or legal proceeding arising out of or relating to this Agreement shall be brought in the courts of the State of New York or the District Court of the United States having jurisdiction therein; (ii) consents to the jurisdiction of, and court rules in any such court; (iii) waives any objection which it may have to personal jurisdiction, subject matter jurisdiction and the laying of venue of any such suit, action or proceeding in any of such courts; and (iv) agrees that service of any court paper may be effected on such party by mail, or in such other manner as may be provided under applicable laws or court rules of any such court. THE PARTIES HEREBY KNOWINGLY AND FREELY WAIVE THEIR RIGHTS TO A JURY TRIAL IN ANY ACTION, SUIT OR PROCEEDING RELATING TO, ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT.
  • If any one or more provisions of this Agreement shall be found to be illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.