FlyApp Customer Terms of Use
Last Updated: June 16th , 2025
1. Introduction
Welcome to FlyApp! FlyApp is a neutral online technology marketplace that connects Buyers with licensed U.S. Part 135 air carriers (“Operators”) offering on-demand charter flight services. FlyApp is not a direct air carrier, charter broker, or agent for either Buyers or Operators. By using FlyApp, you (“Buyer”) agree to these Terms of Use and all applicable laws and regulations.
2. Platform Function
FlyApp operates solely as a technology platform facilitating transactions between Buyers and Operators. All air transportation services are provided exclusively by Operators under their own authority. FlyApp does not arrange, sell, operate, or guarantee any air transportation services.
3. Bidding and Booking
Buyers may place bids or submit Buy Now offers. The total price displayed includes: - The Operator's stated price for the flight; - FlyApp's platform and technology fee. Flights are awarded when: - A bid meets or exceeds the Operator's reserve price; or - A Buyer accepts a Buy Now offer. Operators reserve the right to reject bids below their reserve price.
4. Fees & Payments
Buyers are responsible for paying the full displayed price at checkout. Payment is processed through a third-party payment processor. Buyers may pay via credit card, wire transfer, or ACH payment. FlyApp does not absorb credit card or payment processing fees. These fees may be passed through to the Buyer at checkout depending on the payment method used. FlyApp collects all payments and remits the appropriate amount to the Operator, retaining its platform fee at the time of payment.
5. Credit Card Requirement and Nonpayment Fee
To participate in any auction or place a bid on the FlyApp platform, Buyers must maintain a valid credit card on file. By placing a bid, the Buyer authorizes FlyApp to verify and retain credit card details securely through its third-party payment processor. If a Buyer fails to remit full payment for a winning bid or accepted Buy Now offer within two (2) hours of the auction or offer acceptance, FlyApp reserves the right to charge a nonpayment fee equal to ten percent (10%) of the total flight cost to the credit card on file. This fee is nonrefundable and intended to compensate for administrative burdens and potential disruption to Operators and platform operations. Buyers acknowledge and agree to these terms as a condition of using the FlyApp platform.
6. Contracts of Carriage
All charter transportation agreements are between the Buyer and the Operator. FlyApp is not a party to these agreements and assumes no liability under them. Operators are solely responsible for compliance with applicable laws and for delivering services as agreed.
7. Flight Availability & Cancellations
Many flights listed are “empty leg” repositioning flights and may be canceled by the Operator at any time due to: - Operational requirements; - Aircraft maintenance; - Weather or safety concerns; - Regulatory compliance. If a flight is canceled by the Operator: - Buyers will receive a full refund; - Neither FlyApp nor the Operator is liable for consequential costs, including lodging or alternate travel arrangements. By placing a bid or purchasing a flight, Buyers acknowledge and accept this risk.
8. No Warranties
FlyApp provides the platform “as is”, without warranties of any kind, including: - Availability or timeliness of flights; - Aircraft condition or crew qualifications; - Operator performance. FlyApp expressly disclaims all warranties, express or implied, to the fullest extent permitted by law.
9. Limitation of Liability
To the maximum extent allowed by law, FlyApp shall not be liable for: - Delays, disruptions, or cancellations; - Lost profits or indirect damages; - Alternate travel costs or incidental expenses. FlyApp's total liability is limited to the amount paid by the Buyer for the affected flight.
10. Refund Policy
In the event of an Operator cancellation: - FlyApp will issue a full refund to the Buyer's original payment method; - Refunds are processed via FlyApp's third-party payment processor. No additional compensation will be provided.
11. Dispute Resolution
All disputes arising under or related to these Terms shall be resolved exclusively through binding arbitration conducted by [AAA or JAMS] in the State of Delaware, under their commercial arbitration rules. Both parties expressly waive any right to bring or participate in class actions.
12. Indemnification
You agree to indemnify, defend, and hold harmless FlyApp, its affiliates, officers, and employees from any claims, liabilities, losses, or expenses (including legal fees) arising from: - Your use of the FlyApp platform; - Your violation of these Terms; - Your violation of any law or third-party rights.
13. Data Collection and Use
FlyApp collects personal information from Buyers and Operators as necessary to deliver services. This includes: - Name, email, and phone number; - Billing address and payment details (processed externally); - Flight preferences and transaction history. FlyApp uses this information to: - Operate the platform and provide services; - Process and verify payments; - Communicate with Buyers and Operators; - Meet legal and regulatory obligations. FlyApp shares relevant data with: - Operators (to fulfill flight bookings); - Third-party payment processors; - Service providers that support FlyApp operations. FlyApp does not sell personal data. See our Privacy Policy for full details.
14. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, excluding its conflict of law rules.
15. Privacy
Your use of FlyApp is also subject to our Privacy Policy, which explains how personal information is collected, used, and safeguarded.
16. Modifications
FlyApp reserves the right to update or amend these Terms at any time. Revised Terms will be posted on the platform with the updated effective date. Your continued use of FlyApp after any changes constitutes acceptance of the updated Terms.