Website Terms of Service & Flight Terms
General
Squadron, Inc. (“we”, “us”, or “The Squadron”) welcomes you (“you” or “User”) to our website (the “Website”).
By using our Website or our services, you unconditionally and irrevocably consent to the terms and conditions set forth in these Terms of Service (the “Terms”). By entering the Website, browsing it, or using any of its functions (including but not limited to signing up for our services), you irrevocably declare that you have read and fully agree to all of the Terms.
Any modification, addition, repair to and/or upgrade of the Website is subject to these Terms. These Terms are subject to change and can be modified at any time without prior notice. We encourage you to review these Terms periodically for updates, as your continued use of the Website constitutes your acceptance of any revised Terms that may be posted at the time of your continued use.
To access some features of the Website, you may need to register for an account. If you register for an account, we may require you to provide information such as your email address or other contact information. You agree that any information you provide is accurate. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account.
Certain of our services may be governed by additional terms and conditions. You must agree to those additional terms, in addition to these Terms, before using those services. In addition, we refer you to our Privacy Policy, which is incorporated into these Terms by reference.
You must be at least 13 years of age to use the Website. By disclosing personal information on this Website, you represent and warrant that you are 13 years or older, or that if you are under age 13 you are using Website with the involvement of a parent or guardian.
The laws of the State of New York apply to these Terms, without regard to conflict of law principles. You agree to the binding arbitration for any dispute arising from these Terms, our Privacy Policy or your use of our services. See “Dispute Resolution and Arbitration” below for applicable procedures.
Limited Use of Website
The content appearing on the Website is for general use and general information only. The use of any information and/or materials contained on the Website is at the User’s own risk. The Squadron bears no responsibility towards the User for the User’s use of the Website or our services.
The User is aware that The Squadron bears no obligation whatsoever to provide him/her/it with any support services in connection with the Website.
Intellectual Property
The Website contains various materials, symbols, icons, content and trademarks which The Squadron owns or is authorized to use. The aforementioned includes, without prejudice to the generality of the foregoing, the design, programming, contents and graphics of the Website (the “Squadron Property”). Intellectual property rights in all Squadron Property is property of The Squadron or its licensors. You may not use any part of the Squadron Property, whether for private use, commercial or otherwise, such as by copying, photographing and/or displaying it, without our prior written consent.
The Squadron reserves all its rights and remedies granted to it by these Terms and/or pursuant to any applicable laws in any case of unauthorized and/or unlawful use of the Website and or the Squadron Property.
You agree that the Squadron may use any feedback that you may provide regarding the Website or our services.
Restrictions on Website Use
You must not copy, transfer, broadcast, trade, and or make use in any way of the Squadron Property, whether for private use, commercial or otherwise. You must not make changes, copy and/or reverse engineer any part of the Website. You must not use of the Website for the purpose of creating, developing and/or establishing a similar and/or competing website or product.
The Squadron reserves the right to block a User’s access to and/or use of the Website at any time if the Squadron has reasonable grounds to believe that the User breached and/or is expected to violate these Terms and/or applicable law.
Disclaimer of Warranties and Limitation of Liability
All information and content appearing on the Website is presented “as is”, and the Squadron is not responsible in any way for adapting the information and/or content to the User’s needs as well as the User’s ability and/or inability to use the information and/or content appearing on the Website.
The Website may include links to third parties’ websites (“Links to Other Websites”). Links to Other Websites are provided for your convenience only. The existence of Links to Other Websites is in no way an indication of The Squadron’s examination of, consent and/or approval of the content which appears on such websites. The Squadron is not and shall not be held responsible in any way for the content which appears on such websites. Upon entry to any other website, the terms and conditions of that website as well as its privacy provisions shall apply and, any use of such websites are the responsibility of the User.
THE WEBSITE AND OUR SERVICES ARE PROVIDED ON AN “AS IS” BASIS. THE SQUADRON AND ITS AFFILIATES, AND EACH OF THEIR MANAGERS, EMPLOYEES, AND/OR ANYONE ACTING ON THEIR BEHALF OR ASSOCIATED WITH THEM, DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, NOR DO WE GUARANTEE DATA ACCURACY, ABSENCE OR ERRORS AND OMISSIONS, OR THAT THE SITE OR OUR SERVICES WILL BE FREE OF ERRORS OR BUGS.
SUBJECT TO ANY APPLICABLE LAW, THE SQUADRON AND ITS AFFILIATES, AND EACH OF THEIR MANAGERS, EMPLOYEES, AND/OR ANYONE ACTING ON THEIR BEHALF OR ASSOCIATED WITH THEM, WILL NOT BE LIABLE TO THE USER AND OR ANY THIRD PARTY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES.
Consent to Electronic Communications
By using the Website, you consent to receiving certain electronic communications from us as described in our Privacy Policy.
Terms Applicable to The Squadron Experience
Who can fly with us?
Anyone between the ages of 18 and 99 is welcome to come and take part in The Squadron experience. Those aged 9 to 17 may take part with prior parent or guardian accompaniment and acceptance of these Terms, and with The Squadron’s prior consent.
By registering for The Squadron experience, you confirm that you are in good health and that your participation in The Squadron’s activities is your sole responsibility. You hereby completely, irrevocably and unconditionally release the Squadron from, and hereby waives, any claim and/or demand for any damage, injury, loss and/or expense cause, suffered and/or incurred by you and/or anyone on your behalf as a result of participation in The Squadron’s activities or entry into The Squadron’s facility. You may not enter The Squadron’s facility if you are not a registered ticket holder.
Ordering and Payment
Credit or debit card information must be provided while placing an order through the Website. In addition, you must provide us with your name and contact information that we may use to send you confirmation of your order. You authorize The Squadron to charge all the applicable fees for your order to the payment method specified at the time of purchase.
The credit card company must approve the transaction as a condition to your receipt of services. If transaction is not approved, you will receive an error message. You are solely responsible for any and all fees charged to your card by the issuer, bank or financial institution, including but not limited to, overdraft, insufficient funds, or over credit limit fees.
After entering the credit card and ordering details, you will receive an automatic email confirming the receipt of your order. You should bring this email with you and present it at our desk.
For clarity, an order shall only be valid upon your receipt of final written approval bearing The Squadron’s logo. If you do not receive a confirmation email, please contact The Squadron in order to receive confirmation prior to your arrival.
The prices listed on the Website are in United States Dollars and do not include sales or services tax, if applicable. Sales or service taxes, if applicable, will be added to your order. Before you make an order on the Website, you will have an opportunity to review and accept the fees that you will be charged. All fees are non-refundable.
The Squadron may, at any time and for any reason, change the prices published on the Website, and you waive any claim, demand, and or legal proceedings against The Squadron in this respect. In the event of a discrepancy between the prices appearing on the Website and prices at The Squadron’s facility, The Squadron’s facility pricing will prevail.
Arrival Instructions, Dress Code and Visitor Policy
We recommend that you arrive 10 minutes before the scheduled start time . Early arrival will expedite the registration process and help facilitate your start time. You bear full responsibility for on time arrival and completing preliminary procedures. If you arrive late, we may rebook you to another date and/or time, and we may charge a rebooking fee.
The Squadron is located in a business office tower. Proper business dress is required, and you may be required to provide personal identification and the building’s security desk to gain access. Please arrive in sufficient time to allow for building security procedures. No outside food or drink is permitted at The Squadron’s facility. Additional visitor policies may be posted on the Website.
Personal Belongings
The Squadron is not responsible for the loss, damage or theft of any items within The Squadron’s facilities. We recommend that you leave all valuables and items of importance at home.
Cancellation, Changes, and Refund Policy
Reservations at The Squadron, made through the Website or by telephone, of which payment has yet to take place, can be cancelled up to two (2) business days before the date and time appearing on the order confirmation (the “Flight Time”). Cancellation between one (1) and two (2) business days before the Flight Time will be charged half (50%) the price.
Full payment is expected and must be made if cancellation is made one (1) business day or less before the Flight Time. To cancel a reservation at The Squadron, written confirmation of such request must be emailed to [email protected]. Written confirmation of the cancellation will be sent as a reply.
The Squadron is not obligated to honor requests to change the Flight Time. Honoring those requests is at the sole discretion of the Squadron, and is based, inter alia, on The Squadron’s schedule and constraints. Additional fees may be requested or mandated to honor the request.
Gift Cards
Gift cards, no matter how they were purchased, are non-refundable in the event of their theft, damage, or expiration.
If a gift card is not used within ___ years of purchase, The Squadron may charge a maintenance fee of 5% of the value of the card in each year until the gift card is used.
Unexpected Maintenance
The Squadron makes a great effort to ensure that all orders and reservations are honored. However, The Squadron’s equipment and technology may require unexpected maintenance. If The Squadron cancels a reservation, the full amount paid will be refunded, and a new date for the reservation will be coordinated based on the User’s preference and availability and The Squadron’s constraints.
Force Majeure
In any event that the Squadron must cancel a booking directly and/or indirectly as a result of force majeure or act of God, or due to reasons that could not be reasonably anticipated by The Squadron, including without limitation, earthquake, flood, fire, natural disaster, strike or labor conditions, epidemic, disease, government action, failure of utilities, transportation facilities, or communication or electronic systems, or closure of the economy or any industry, The Squadron will work to establish a new Flight Date within the framework of The Squadron’s original prices and subject to The Squadron’s constraints and the client’s preferences.
Accessibility
For information on accessibility to the Website and to the Squadron facilities, please check the Accessibility Statement .
Contact Information
The Website and our services are offered by The Squadron Inc., located at 7 World Trade Center, 250 Greenwich Street, 10th Floor, New York, NY 10007 USA. You may contact us by sending correspondence to that address or by emailing us at [email protected].
Dispute Resolution and Arbitration
Generally. In the interest of efficiently resolving disputes, you agree that all disputes relating to these Terms will be resolved by binding arbitration, whether the dispute is based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when the claim arises. YOU UNDERSTAND AND AGREE THAT, BY ACCEPTING THESE TERMS, YOU WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Procedures. Any arbitration will be settled under the Federal Arbitration Act and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA using a single arbitrator. The applicable rules are available at www.adr.org, by calling the AAA at 1-800-778-7879. The place of the arbitration will be New York City, New York. Each party will bear its own costs of the arbitration,
Notice; Process. To initiate a dispute, you must first send a written notice of the dispute by certified U.S. Mail or by Federal Express (signature required) to The Squadron at 7 World Trade Center, 250 Greenwich Street, 10th Floor, New York, NY 10007 USA. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). You and we agree to make good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or The Squadron may commence an arbitration proceeding. If the dispute is finally resolved through arbitration in your favor, The Squadron will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by The Squadron in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.
Enforceability. If this Dispute Resolution and Arbitration is found to be unenforceable, then it will be null and void and all disputes will be subject to the exclusive jurisdiction of the courts located in New York City, New York, and you and we agree to the exclusive jurisdiction of such courts.
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