Last modified: May 17, 2021
The Avelo Airlines Website and app (collectively, the “Site”) is an online information service where you can purchase air transportation of customers and baggage provided by Avelo Airlines (“Avelo”) and is available subject to your compliance with the terms and conditions set forth below. Nothing in this Site shall be construed as creating any warranty or other obligation on the part of Avelo. If you decide to purchase air transportation and optional services from Avelo, the Avelo Airlines Contract of Carriage shall also apply.
Agreement. Please read the following information carefully before using this Site. By visiting the Site, you agree to be bound by this Agreement. If you do not agree with any part of the Agreement, do not use this Site. Avelo reserves the right, in its sole discretion, to modify, alter or otherwise update this Agreement at any time, and by using this Site after the posting of a modification, you accept the modification. Any changes will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change.
Disclaimer of Warranties; THIS SITE AND ITS CONTENTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of certain warranties. As a result, the above may not apply to you. These warranties are hereby excluded to the fullest extent permissible by law.
Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL AVELO BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM YOUR USE OF, OR INABILITY TO USE, THIS SITE. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, Avelo’s liability is limited to the greatest extent permitted by law, or the amount paid for your order, whichever is less.
BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Payment. In using this Site, you agree to pay the amounts owed to Avelo via Visa and Mastercard debit or credit cards. At this time, we are not accepting any other methods of payment.
Our Copyrighted Materials; Infringement Claims. The copyrights in all text, images, screens and other materials provided on this Site (collectively, the “Materials”) are owned by Avelo and/or by third parties. Except as provided below, none of the Materials may be copied, distributed, displayed, downloaded or transmitted in any form or by any means without the prior written permission of Avelo or the copyright owner. Unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or other regulations and statutes.
Trademarks. Trademarks and service marks that may be referred to on this Site are the property of Avelo or their respective owners. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark without our written permission. The name of Avelo or the Avelo logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written permission. You are not authorized to use our logo as a hyperlink to this Site unless you obtain Avelo’s written permission in advance, although we permit you to use certain designated features of the Site to use our logo as a hyperlink for designated purposes.
Right to Preserve and Disclose. Avelo may preserve all information you provide. Avelo may also disclose information you provide if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) complete your transaction; (b) comply with legal process; (c) enforce this Agreement; (d) respond to claims that any materials on this Site violate your rights or the rights of third parties; (e) protect the rights, property, or personal safety of Avelo, its users and/or the public; or (f) in the event that all or substantially all of Avelo’ assets are acquired by a third party.
Prohibited Actions. You agree not to: (a) decompile, reverse engineer, disassemble, modify, reduce the Site to human perceivable form or create derivative works based upon the Site or any part thereof; (b) disable any licensing or control features of the Site; (c) “frame” the Site or any portion thereof or otherwise cause the Site or its contents to appear to be provided by anyone except Avelo; (d) introduce into the Site any virus or other code or routine intended to disrupt or damage the Site, or alter, damage or delete any Materials, or retrieve or record information about the Site or its users; (e) merge the Site or Materials with another program or create derivative works based on the Site or Materials; (f) remove, obscure, or alter any notice of the copyright or other proprietary legends on the Site or Materials; (g) sublicense, assign, translate, rent, lease, lend, resell for profit, distribute or otherwise assign or transfer the Materials or access to the Site to others; (h) use, or allow the use of, the Site or the Materials in contravention of any federal, state, local, foreign or other applicable law, or rules or regulations of regulatory or administrative organizations; or (i) otherwise act in a fraudulent, illegal, malicious or negligent manner when using the Site. Except as expressly provided herein, Avelo and the third parties reserve all rights with respect to the Site and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations.
Your Account. The Site allows you to purchase services from us as a “guest” or through an account. However, you will be required to set up an online account in order to use certain features of the Site.
Issuance of Passwords. When this Agreement has been accepted and agreed to by you, the password that you create will soon be activated to enable you to access the Site. Passwords may not be shared or used by more than one individual. It is each individual user’s responsibility to remember and protect such password and not to disclose it to any other person. Remember to choose a strong password, including numbers, capital letters, special characters, etc., and is not typically found in a dictionary.
Lost Passwords. In the event your password is lost or stolen and you are unable to reset it on our website, it is your responsibility to notify Avelo using the contact information provided below in the Contact Us section below.
Prohibition on Scripts, Bots, Third Parties, etc. You shall not access or use the Site by means of any automated program, expert system, electronic agent or “bot,” and shall not give any person or entity access to the Site.
Prohibition on Scraping. You are prohibited from “scraping,” copying, republishing, licensing, or selling the data or information on the Site if you do so for commercial purposes.
Ownership of Usage Data. Avelo may collect and aggregate data about your usage of the Site, and Avelo shall be the sole owner of such information.
Must Be At Least 18 Years Old to Use This Site. At this Site Avelo makes no active effort to collect personal information from individuals under the age of eighteen (18). Avelo requires that Site users must be of legal age to enter into agreements (typically, at least eighteen (18) years of age or older).
For further information, or inquiries about this Agreement, you may contact us either by:
- Call us at (346) 616-9500
- Write to us at: Avelo Airlines
12 Greenway Plaza, Suite 400
Houston, TX 77046
Electronic Communications. This Agreement and any other documentation, agreements, notices, or communications between you and us may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices and other communications for your reference.
Site Controlled from United States; Prohibited Persons and Countries. This Site is controlled from offices within the United States. Avelo makes no representation that content or materials in this Site are appropriate or available for use in other jurisdictions. Access to this Site content or materials from jurisdictions where such access is illegal is strictly prohibited. If you choose to access this Site from other jurisdictions, you do so at your own risk. You are always responsible for your compliance with applicable laws. THE LAWS OF NEVADA WILL GOVERN THE CONTENT AND MATERIALS CONTAINED IN THIS SITE, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAWS AND EXCLUDING THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS. YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS OF NEVADA IN RELATION TO ANY CLAIM, DISPUTE OR DIFFERENCE ARISING FROM THESE TERMS, AND YOU AGREE TO WAIVE ANY RIGHT OF REMOVAL OR TRANSFER WHETHER DUE TO FORUM NON CONVENIENS OR OTHER REASON.
You hereby represent and warrant that (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
Not Authorized to Do Business in Every Jurisdiction. Avelo is not authorized to do business in every jurisdiction. Information published on this Site may contain references or cross-references to goods or services that are not available in your state or country.
Force Majeure. We will not be liable to you for any delay or other failure to perform under this Agreement as a result of any Force Majeure Event as defined in our Contract of Carriage.
Survival. Any provisions of this Agreement that are intended to survive termination (including any provisions regarding indemnification, limitation of our liability, or dispute resolution) will continue in effect beyond any termination of this Agreement or of your access to or use of the Site.