Terms of Service

Last Updated: March 4, 2020

The Terms and Conditions (“Terms”) describe how myAirpal in Arizona (“Company,” “we,” and “our”) regulates your use of this website https://www.myairpal.com (the “Website”). Please read the following information carefully to understand our practices regarding your use of the website. The Company may change the Terms at any time. The Company may inform you of the changes to the Terms using the available means of communication. The Company recommends you check the website frequently to see the actual version of the Terms and their previous versions.

If you represent a legal entity, you certify that you are entitled by such legal entity to conclude the Terms as the legal entity you represent.

Our Privacy Policy is available on a separate page. Our Privacy Policy explains to you how we process information about you. You shall understand that through your use of the Website, you acknowledge the processing of this information shall be undertaken in accordance with the Privacy Policy.

When using the Website, you shall be responsible for ensuring the confidentiality of your account, password and other credentials and for secure access to your device. You shall not assign your account to anyone. The Company is not responsible for unauthorized access to your account that results from misappropriation or theft of your account. The Company may refuse or cancel service, terminate your account and remove or edit content.

The Company does not knowingly collect personal data from persons under the age of 18 (eighteen). If you are under 18 (eighteen) years old, you may not use the Website and may not enter into the Terms under any circumstances.

1. Nature of the Company’s services. The Website allows you to use services available on the Website which consist of a desktop Website application, other related tools, support and services that seniors, people with disabilities, those requiring special assistance or those acting on behalf of the aforementioned (the “Clients”) and service providers (“Airpals”) can use to find, communicate with and interact with each other. Our services include customer support services, educational materials for Airpals and other services.  You shall not use the services for illegal aims.

2. The Company does not provide travel assistance services. We are a neutral venue for Airpals and Clients. We are not an Airpal and, except for customer phone support and other resources and support specifically described as the Company’s services, do not provide travel assistance services. We make no representations or warranties about the quality of getting Clients to the right gate, filling out immigration forms, navigating around airport terminals in wheelchairs or other services provided by Airpals (“Airpal Services”) or about your interactions and dealings with users. Airpals listed on the Website are not under the direction or control of the Company, and Airpals determine in their own discretion how to provide Airpal Services. Though we provide general guidance on our Website to Airpals about safety and travel assistance and to Clients about selecting and engaging Airpals, we do not employ, recommend or endorse Airpals or Clients, and, to the maximum extent permitted by applicable law, we will not be responsible or liable for the performance or conduct of Airpals or Clients, whether online or offline. We conduct an ongoing review of Airpal profiles and we facilitate Background Checks or Identification Verifications on Airpals conducted by a third party, but, except where explicitly specified in the Airpal Service (and then only to the extent specified), do not otherwise screen Airpals or Clients. You should exercise caution and use your independent judgment before engaging an Airpal, providing Airpal Services, or otherwise interacting with the Website users. Clients and Airpals are solely responsible for making decisions that are in the best interests of themselves.

3. Transactions are between Clients and Airpals. Our services may be used to find and offer Airpal Services and to facilitate payment, but all transactions conducted are between Clients and Airpals. You agree that the Company has no liability for damages associated with Airpal Services (which may include bodily injury to or death) or resulting from any other transactions between the Website users.

4. Bookings. Clients and Airpals transact with each other on the Website when they both agree to a “booking” that specifies the fees, time period, cancellation policy and other terms for provision of Airpal Services via the booking mechanism provided on the Website (a “Booking”). A Booking is initiated by a Client by selecting the type(s) of Airpal Services to be provided and then following the prompts that appear on-screen. As a Client, you agree to pay for the Airpal Services described in the Booking when you click “Book & Pay.” All requests are subject to acceptance by the Airpal. The Airpal is not obligated to accept your (or any) request and may, at their discretion, decline for any reason. You acknowledge that, once you complete a Booking, you agree to honor the price and other terms of that Booking, as acknowledged in the Booking confirmation.

5. Clients are solely responsible for evaluating Airpals. Clients are solely responsible for evaluating the suitability of Airpals for the services they offer to provide. Though the Company performs a limited review of Airpal profiles and facilitates Airpal Background Checks or Identity Verifications conducted by a third party, any such screening is limited, and the Company does not warrant that any such screen is accurate, complete, conclusive or up-to-date. Similarly, the Company does not endorse reviews of Airpals by other Clients that may be available via the Website and makes no commitments that such reviews are accurate or legitimate.

6. Emergencies. We recommend that Clients give their Airpals emergency contact information (“Emergency Contact”) in the event medical care becomes necessary. Airpals agree to immediately inform Emergency Contact if in the event such care becomes necessary or, if the Emergency Contact is not available, to contact the Company at the applicable telephone number or email address listed in the Contact Us page. 

1. Fees. We may, at our sole discretion, set fees for using the Website for you. All prices are published separately on relevant pages on the website. We may, at our sole discretion, at any time change any fees.

2. Payment Holds. If you are an Airpal, we reserve the right to issue a hold on amounts otherwise payable to you if there is a reasonable suspicion of fraudulent activity involving your account(s) or for other similarly compelling reasons involving protection of the Company, our community or third party rights. We may also recommend that third party payment service providers restrict your access to funds in your account under the same circumstances.

3. Authorization to Charge. When you pay for services on the Website, you will be required to provide us with valid, up-to-date credit card or other payment information and to maintain that payment information (or an acceptable alternative payment method) on file with your account so long as you have any outstanding, confirmed Bookings. Our role is to facilitate payments from Clients to Airpals as a limited payment agent for the Airpal. You authorize us to charge your credit card or other payment method for fees you incur on the Website as they become due and payable. You are responsible for maintaining up-to-date payment information. If we cannot charge you for fees when due because your payment information is no longer valid, or if we do not receive your payment when due, then you understand that neither we nor the Airpal will be responsible for any failure to provide services associated with those fees.

4. Taxes. Except for taxes on income and gross receipts or where the Company is otherwise required to collect taxes, you acknowledge that you are solely responsible to pay any applicable taxes that arise as a result of your purchase, provision or use of services via the Website. This includes, without limitation, any form of sales tax, VAT or income tax on fees paid or received by you through the Website.

1. Cancellations by Airpal. If an Airpal cancels a Booking prior to or during the service period identified in the Booking, we will refund the fees paid by the Client for services not provided, as well as any service charge paid to us. If you are an Airpal, you can appoint a substitute Airpal (as agreed by the Client and so long as the substitute has an active account on the Website and has agreed in writing to accept a Booking) by contacting us to modify the Booking. If you do not find a substitute and repeatedly cancel accepted Bookings without justification, we may terminate your account.

2. Cancellations by Client. If a Client cancels a Booking prior to or during the service period specified in a Booking, we will refund fees in accordance with the cancellation policy selected by the Airpal on the Website. All Airpals are required to select a cancellation upon registration and profile set-up on the Website, so that Clients are aware of the cancellation policy prior to Booking.

• Force Majeure. The cancellation policies described herein may not apply in the event of certain emergency situations beyond the control of Airpals and/or Clients that make it impossible or impractical to perform agreed Bookings, such as evacuations or flight cancellations resulting from earthquake, hurricane, wildfire, flood, war, riots or other similar disaster. In such cases, we may, in our reasonable discretion, issue refunds under terms that vary from an Airpal’s selected cancellation policy.
• Refunds for Failure to Perform. If we determine in our reasonable discretion that an Airpal has failed to provide services as agreed with the Client or is otherwise in breach of these Terms, then we may, in our reasonable discretion, cancel a Booking and/or issue a full or partial refund to the Client.
• General Terms for Cancellations. If you wish to cancel a Booking, you should use the mechanisms available through the Website to do so. The date of cancellation is the date that the Website user cancels through the service, regardless of any separate communications between users outside of the Website.
• Payment Disputes; Payment Outside of the Rover Service. We initiate payments to Airpals 48 hours after completion of the trip. Once these amounts have been disbursed, any further payment disputes are between the Client and Airpal, and we have no obligation to mediate or facilitate any resolution. Further, we have no responsibility or liability with respect to any tips, bonuses or other payments made outside of the Website.

The Website may include links to other websites, applications and platforms (hereinafter the “Linked Sites“).

The Company does not control the Linked Sites and shall not be responsible for the contents and other materials of the Linked Sites. The Company makes these links available to you for providing the functionality or services on the Website.

The Company grants you a non-transferable, non-exclusive, revocable license to access and use the Website from one device in accordance with the Terms. You shall not use the Website for unlawful or prohibited purposes. You may not use the Website in a way that may disable, damage or interfere in the Website.

All contents present on the Website includes texts, codes, graphics, logos, images, compilation, software used on the Website (hereinafter and herein before the “Content“). The Content is the property of the Company or its contractors and protected by intellectual property laws that protect such rights. You agree to use all copyright and other proprietary notices or restrictions contained in the Content and you are prohibited from changing the Content.

You may not publish, transmit, modify, reverse engineer, participate in the transfer, or create and sell derivative works or in any way use any of the Content. Your use of the Website shall not entitle you to make any illegal and disallowed use of the Content, and in particular you shall not change proprietary rights or notices in the Content. You shall use the Content only for your personal and non-commercial use. The Company does not grant you any licenses to the intellectual property of the Company.

By posting, uploading, inputting, providing or submitting your Content, you are granting the Company to use your Content in connection with the operation of Company’s business including, but not limited to, the rights to transmit, publicly display, distribute, publicly perform, copy, reproduce and translate your Content; and to publish your name in connection with your Content.

No compensation shall be paid with regard to the use of your Content. The Company shall have no obligation to publish or use any Content you may send us and may remove your Content at any time.

By posting, uploading, inputting, providing or submitting your Content, you warrant and represent that you own all of the rights to your Content.

The information available via the Website may include typographical errors or inaccuracies. The Company shall not be liable for these inaccuracies and errors.

The Company makes no representations about the availability, accuracy, reliability, suitability and timeliness of the Content contained on and services available on the Website. To the maximum extent allowed by the applicable law, all such Content and services are provided on the “as is” basis. The Company disclaims all warranties and conditions regarding this Content and services, including warranties and provisions of merchantability, fitness for a certain purpose.

To the maximum extent permitted by the applicable law, in no event shall the Company be liable for any direct, indirect, incidental, consequential, special, punitive damages including, but not limited to, damages for loss of the Website usage, data or profits, in the connection with the usage or execution of the Website in the context of the inability or delay to use the Website or its services, or for any Content of the Website, or otherwise arising out of the usage of the Website, based on contract and non-contract liability or other reason.

You agree to indemnify, defend and hold harmless the Company, its managers, directors, employees, agents and third parties, for any costs, losses, expenses (including attorneys’ fees), liabilities regarding or arising out of your use of or inability to use the Website or its services and Company’s services and products, your violation of the Terms or your violation of any rights of third parties, or your violation of the applicable law. The Company may assume the exclusive defense and you shall cooperate with the Company in asserting any available defenses.

The Company may terminate your access and account to the Website and its related services or any part at any time, without notice, in case of your violation of the Terms.

The governing law of the Terms shall be the substantive laws of the country where the Company is set up, except the conflict of laws rules. You shall not use the Website in jurisdictions that do not give effect to all provisions of the Terms.

No joint venture, partnership, employment or agency relationship shall be implied between you and the Company as a result of the Terms or use of the Website.

Nothing in the Terms shall be a derogation of the Company’s right to comply with governmental, court, police and law enforcement requests or requirements regarding your use of the Website.

If any part of the Terms is determined to be void or unenforceable in accordance with applicable law, then the void or unenforceable clauses will be deemed superseded by valid and enforceable clauses shall be similar to the original version of the Terms and other parts and sections of the Terms shall be applicable to you and the Company.

The Terms constitute the entire agreement between you and the Company regarding the use of the Website and the Terms supersede all prior or communications and offers, whether electronic, oral or written, between you and the Company.

The Company and its affiliates shall not be liable for a failure or delay to fulfill its obligations where the failure or delay results from any cause beyond Company’s reasonable control, including technical failures, natural disasters, blockages, embargoes, riots, acts, regulation, legislation, or orders of government, terroristic acts, war or any other force outside of Company’s control.

In case of controversies, demands, claims, disputes or causes of action between the Company and you relating to the Website or other related issues, or the Terms, you and the Company agree to attempt to resolve such controversies, demands, claims, disputes or causes of action by good faith negotiation, and in case of failure of such negotiation, exclusively through the courts of the country where the Company is set up.

We are committed to resolve any complaints about our collection or use of your personal data. If you would like to make a complaint regarding these Terms or our practices in relation to your personal data, please contact us through our Website. We will reply to your complaint as soon as we can and in any event, within 30 days. We hope to resolve any complaint brought to our attention, however if you feel that your complaint has not been adequately resolved, you reserve the right to contact your local data protection supervisory authority.

We welcome your comments or questions about our Terms. You may contact us through the contact information available on our Website.