Legal statements

Terms of use for OpenTaxi.com

1. Company and Services

This web site and all related services provided to you ("Services") are offered by OpenTaxi Systems, LLC ("OpenTaxi"), a Fort Worth, Texas based company and its Officers, representatives, and affiliates. OpenTaxi provides reservations and scheduling services, transaction processing, data transmission, and consulting services for and as a contracted agent of subscribing aircraft operators, travel agents and managers, and air charter brokers. OpenTaxi provides travelers visiting opentaxi.com or any affiliated web site(s) with an powerful and efficient method to view and create customized flights on participating private aircraft. OpenTaxi also provides customer support to travelers throughout the entire lifecycle of any trip and allows travel agents and managers ("Agents") to create and manage their clients through our powerful web applications and web services.

If you have any questions, please contact Customer Service at 1-866-OPENTAXI.

This web site and all Services provided to you are provided on an "AS IS" basis. You agree that the OpenTaxi reserves the right to modify or discontinue any provision of this web site and its Services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you. OpenTaxi will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information. Any links provided on any Service operated by OpenTaxi are provided only as a convenience and should not be construed as an endorsement.

2. Acceptance of terms of use and amendments

Each time you use or cause access to this web site or any Service offered by OpenTaxi, you agree to be bound by these Terms of use, as amended from time to time with or without notice to you. In addition, if you are using a particular service offered by OpenTaxi, you will be subject to any rules or guidelines applicable to those services, and they will be incorporated by reference within these Terms of use. Please read the site's Privacy policy, which is incorporated within these Terms of use by reference. You may be required to periodically review and accept these Terms of use to continue using this web site or any Service provided by OpenTaxi

3. Your responsibilities and registration obligations

In order to use this web site or certain parts of it, you may be required to register for a user account on this web site; in this case, you agree to provide truthful information when requested, and -- if a minimum age is required for eligibility for a user account -- you certify and undertake that you are at least the required age. By registering for a user account, you explicitly agree to this site's Terms of use, including any amendments made by OpenTaxi that are published herein.

4. Privacy policy

Registration data and other personally identifiable information that the site may collect is subject to the terms of OpenTaxi's Privacy policy.

5. Registration and password

You are responsible for maintaining the confidentiality of your password, and you will be responsible for all usage of your user account and/or user name, whether authorized or not authorized by you. You agree to immediately notify OpenTaxi of any unauthorized use of your user account, user name or password.

6. Your conduct

You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("content"), made available publicly or privately, will be under the sole responsibility of the person providing the said content, or of the person whose user account is used. You agree that while not intended, this web site may expose you to content that may be objectionable or offensive. OpenTaxi will not be responsible to you in any way for content displayed on this web site, nor for any error or omission. Please report any objectionable content to the Administrator.

By using this web site or any service provided, you explicitly agree that:
(a) you will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of this web site or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;
(b) you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;
(c) you will not collect or harvest any information about other users;
(d) you will not provide, and you will not use this web site to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; you will not use this web site to promote or operate any service or content without OpenTaxi's prior written consent;
(e) you will not use any Service to make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
(f) you will not take any action that imposes or may impose, at OpenTaxi's sole discretion, an unreasonable load on any infrastructure component;
(g) you will not "frame", "embed", "mirror" or otherwise incorporate any OpenTaxi Service into any other web site(s) or service without OpenTaxi's prior written authorization;
(h) you will not provide any content that may give rise to OpenTaxi being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including -- but not limited to -- laws relating to copyrights, trademarks, patents, or trade secrets.

7. Submission of content

By providing any content to this web site:
(a) you agree to grant OpenTaxi a worldwide, royalty-free, perpetual, non-exclusive and fully sublicenseable right and license (including any moral rights or other necessary rights.) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology already known at the time of provision or developed subsequently;
(b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant OpenTaxi the license specified in this section 7;
(c) you acknowledge and agree that OpenTaxi will have the right (but not obligation), at OpenTaxi's entire discretion, to refuse to publish, or to remove, or to block access to any content you provide, at any time and for any reason, with or without notice.

8. Third-party services

Goods and services of third parties may be advertised and/or may be made available on or through this web site or any OpenTaxi service. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. OpenTaxi will not in any manner be liable for or responsible for any of your dealings or interaction with third parties. Please contact OpenTaxi if you experience any problem with any supplier or third-party service featured on or used by any OpenTaxi service.

9. Purchase of Travel Services

(a) You certify, accept, and agree that (i) OpenTaxi has no operational control or responsibility over any flight operation, (ii) OpenTaxi makes no claims to the safety or reliability of any aircraft, operator, or third-party supplier, (iii) OpenTaxi will not be held liable or responsible in any way for any losses occurring to any party involved with the use of any OpenTaxi service.

(b) Separate terms and conditions may apply to purchase of travel-related goods and services. You agree to abide by any terms and conditions imposed by any supplier featured on or used by any OpenTaxi service.

(c) Flight cancellations may be requested in accordance with the terms and conditions listed by the air carrier for each flight. If you are eligible for a refund, as approved by the air carrier, OpenTaxi will assess a 5% processing fee on the total refund amount prior to disbursement.

(d) OpenTaxi does not warrant that travel to any destination is without risk, even if destination is made available by an OpenTaxi service.

(e) Aircraft listed on OpenTaxi Services may require entry and egress through, but not limited to, a cabin door, stairs, ladder, or ramp. You certify, accept, and agree that you are physically able to both enter and egress aircraft under your own power and without assistance from flight or ground crew members unless specifically arranged directly with the carrier providing the service prior to purchasing the flight.

(f) You understand and accept that an air carrier providing travel services through any OpenTaxi Service may substitute a comparable aircraft for any reason and at its sole discretion even if you selected a particular aircraft during the reservation process.

(g) You understand and accept that you are responsible for international handling fees, ground transportation, special catering, expenses incurred due to adverse weather conditions or unusual flight delays, including fuel stops, overnight ramp/crew fees, hangar fees, de-icing fees or any other incidental charges that may arise throughout the contracted trip.

(h) You agree that OpenTaxi and its suppliers will not be liable for additional expenses incurred for replacement transportation in the case of a mechanical failure.

(i) You certify, accept, and agree that any passenger or cargo data entered for any OpenTaxi Service is accurate and correct. This data includes, but is not limited to passenger weight, baggage or cargo quantity, dimensions, weight, or contents, or any required pet information. OpenTaxi suppliers reserve the right to deny service due to any misrepresentation, error, omission, or for any reason to satisfy safe and proper operation of the flight. Baggage exceeding the weight, dimensions, or quantity specified may be removed from the flight at the sole discretion of the air carrier and flight crew.

(j) Most pricing information for travel services is provided to OpenTaxi by third-party suppliers. OpenTaxi reserves the right to correct any pricing errors occuring on any OpenTaxi service and on any pending flight reservations. In most situations, OpenTaxi and its suppliers will be able to offer you the option to keep your travel reservation with the corrected price or cancel the reservation without penalty.

(k) In some situations due to the on-demand and highly-customized nature of air taxi and air charter flight operations and our best attempts to provide you with convenient and easy-to-use real-time reservations systems, travel services purchased through an OpenTaxi service may be physically or operationally impossible to conduct safely. Reasons for these situations include, but are not limited to unforeseen facility or operational limitations, aircraft, crew, or crew duty time limitations, or FAA, TSA, DHS, Customs or other Government agency restrictions in the country of operation. OpenTaxi and its suppliers will work to resolve these situations, and whenever possible, be able to offer you the option to keep your travel reservations with only the necessary corrections. In the event that the situation cannot be resolved, you will offered the option to cancel your travel reservation without penalty.

10. Indemnification

You agree to indemnify and hold harmless OpenTaxi and the OpenTaxi's representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or connection with this web site or service, your purchase of travel services, the performance or safety of any third-party supplier, your provision of content, your violation of these Terms of use, or any other violation by you of the rights of another person or party.

11. DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND OF ANY SERVICES OR CONTENT PROVIDED IS AT YOUR OWN RISK. SERVICES AND CONTENT ARE PROVIDED TO YOU "AS IS", AND OPENTAXI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

OPENTAXI MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER OPENTAXI NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA OPENTAXI SERVICES MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT OPENTAXI WILL NOT BE HELD LIABLE IN ANY WAY.

Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding.

12. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SITE EDTIOR WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF OPENTAXI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OF SERVICES OR THE INABILITY TO USE SERVICES, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH SERVICES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, OR (V) ANY OTHER MATTER RELATING TO SERVICES.

In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you.

13. Reservation of rights

OpenTaxi reserves all of OpenTaxi's rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that OpenTaxi may have in respect of this web site, its content, and goods and services that may be provided. The use of OpenTaxi's rights and property requires OpenTaxi's prior written consent. By making services available to you, OpenTaxi is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of this web site or provided services without OpenTaxi's prior written consent.

14. Notification of copyright infringement

If you believe that your property has been used in any way that could be considered a copyright infringement or a violation of your intellectual property rights, OpenTaxi's copyright agent may be contacted via:

e-mail the site Administrator

Customer Service:
1-866-OPENTAXI

Mailing Address:
OpenTaxi Systems LLC
13605 Lost Spurs Rd.
Roanoke, TX 76262

15. Applicable law

You agree that this Terms of Use and any dispute arising out of your use of this web site or our products or services shall be governed by and construed in according with the laws of the state of Texas, United States of America without regard to its conflict of law provisions. By registering or using this web site and service you consent and submit to the exclusive jurisdiction and venue of the appropriate courts located in Tarrant county, the state of Texas, United States of America.

16. Miscellaneous information

(i) In the event that any provision of these Terms of use is deemed to conflict with legislation by a court with jurisdiction over the parties, the said provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of use will remain valid and applicable; (ii) The failure of either party to assert any right under these Terms of use will not be considered to be a waiver of that party's right, and the said right will remain in full force and effect; (iii) You agree that any claim or cause in respect of this web site or its services must be filed within one (1) year after such claim or cause arose, or the said claim or cause will be forever barred, without regard to any contrary legislation; (iv) OpenTaxi may assign OpenTaxi's rights and obligations under these Terms of use; in this event, OpenTaxi will be relieved of any further obligation.