Legal
OVERVIEW
The terms “we,” “us,” “our” and “GlobalX” refers to GLOBAL CROSSING AIRLINES, INC. The term the “Site” refers to websites, apps, and systems. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.
Services delivered through our websites, apps, and systems, are not limited to, booking and travel, digital products for sale, physical products for sale, catering and amenities for use during travel, membership sites, mobile applications, booking systems, etc. (the “Service”).
Use of GLOBAL CROSSING AIRLINES, INC. websites, apps, and systems including all materials presented herein and all online services provided by GLOBAL CROSSING AIRLINES, INC. is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
USE OF THE SITE AND SERVICE
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to.
GLOBAL CROSSING AIRLINES, INC. and other information are subject to change. GLOBAL CROSSING AIRLINES, INC. makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free.
GLOBAL CROSSING AIRLINES, INC. disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
ACCOUNT CREATION
In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password, and other personal information.
You agree that any registration information you give to GLOBAL CROSSING AIRLINES, INC. will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
LAWFUL PURPOSES
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site.
You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order, booking, or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
ORDER CONFIRMATION
We will email you to confirm the placement of your order, booking, or request and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
Reservations will be held at the quoted fare rate for 24 hours and can be canceled within 24 hours without penalty in accordance with 14 CFR 259 the “24-hour reservation requirement.
PRODUCT DESCRIPTION
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
We claim no intellectual property rights over the material you supply to . GLOBAL CROSSING AIRLINES, INC. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to GLOBAL CROSSING AIRLINES, INC. remains yours to the extent that you have any legal claims therein. You agree to hold GLOBAL CROSSING AIRLINES, INC. harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
OUR INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by GLOBAL CROSSING AIRLINES, INC., including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service.
Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
CHANGED TERMS
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, GLOBAL CROSSING AIRLINES, INC. IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL ORDATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF Global Crossing Airlines, Inc HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT . GLOBAL CROSSING AIRLINES, INC.’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM GLOBAL CROSSING AIRLINES, INC , AND IF NO PURCHASE HAS BEEN MADE BY YOU GLOBAL CROSSING AIRLINES, INC ’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
THIRD PARTY RESOURCES
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with GLOBAL CROSSING AIRLINES, INC. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
INDEMNIFICATION
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and GLOBAL CROSSING AIRLINES, INC. pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by GLOBAL CROSSING AIRLINES, INC. shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by GLOBAL CROSSING AIRLINES, INC.
NOTICES
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
GLOBAL CROSSING AIRLINES, INC. Bldg. 5A, Miami Int’l Airport | 4th floor 4200 NW 36th Street |
Miami, FL 33146 | [email protected]
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Florida as applied to contracts that are executed and performed entirely in Florida. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Miami-Dade County, Florida. The parties agree to attempt to resolve and dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution3 or any other procedure upon which the parties may agree.
The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
ASSIGNMENT
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicense able, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.
Updated: April 2021
Cancellations, Refunds and returns, will be specified in the individual contact client agreement, contract, or contract of carriage prior to charges.
Passengers may cancel their purchase of a Confirmed Reservation, including non-refundable Confirmed Reservations, within 24 hours of booking for a full refund provided that with respect to otherwise nonrefundable Confirmed Reservations the reservation is made one week prior to departure.
Confirmed Reservations marked as non-refundable shall not be entitled to any refund. Credit issued foruse on future travel to a passenger with a non- refundable Confirmed Reservation shall be in GLOBAL CROSSING AIRLINES, INC. sole discretion.
Cancelations and refunds for services can be requested prior to services rendered. Applicable terms and conditions are those in effect as of the date a Passenger commences travel on a given itinerary. In the event these conditions of Carriage are amended after a Confirmed Reservation is purchased but prior to commencement of travel in a way that substantially affects the terms and conditions of a Passenger’s Carriage, a full refund may be requested if the Passenger does not agree to be bound by the conditions as amended. Nevertheless, GLOBAL CROSSING AIRLINES, INC. reserves the right to apply rules currently in effect on the date of Passenger’s travel where reasonably necessary for operations and where the change in rule does not have a material negative impact upon the Passenger.
When applicable, fully or partially unused refundable E-Tickets may be submitted to the issuing travel agency for possible refund. Confirmed Reservations that have been purchased on the GLOBAL CROSSING AIRLINES, INC. website, with the GLOBAL CROSSING AIRLINES, INC. call center, or at a GLOBAL CROSSING AIRLINES, INC. ticket counter may be submitted for a refund back to the GLOBAL CROSSING AIRLINES, INC.. Passengers should always contact the original issuer of the Confirmed Reservation for their specific refund policy and procedures.
Refunds of Refundable Confirmed Reservations will only be processed until one hour prior to scheduled departure. In the event a Passenger with a Refundable Confirmed Reservation does not request a refund at least one-hour prior to departure (i.e. a “No-Show”), any funds related to the Confirmed Reservation are forfeited, and the Passenger has no right to future carriage related to this Confirmed Reservation.
Partially Used Tickets, will be processed with a reprice of the itinerary, attempting to keep fares of the fully flown fare components and replacing the unflown fare components using current fares. No changes are permitted to the fare break points of the fully flown fare components. GLOBAL CROSSING AIRLINES, INC. will validate all fare rules at the time of reissue. The new ticket may be a lower or equal, or higher, price than the previous ticket.
If a Passenger’s scheduled transportation is cancelled, terminated, or delayed before the Passenger has reached his final destination as a result of a flight cancellation, GLOBAL CROSSING AIRLINES, INC. -caused missed connection, flight delay, or omission of a scheduled stop, GLOBAL CROSSING AIRLINES, INC. will either transport the Passenger at no additional charge on another of GLOBAL CROSSING AIRLINES, INC. ’s flights, refund the fare for the unused transportation, or provide a credit for such amount toward the purchase of future travel.
Except as otherwise provided, all fares and charges between points in the United States are stated in dollars and cents of the lawful currency of the United States. Except as set forth in this contract of carriage, a passenger is liable for the entire ticket price and fees for an issued ticket, notwithstanding any dispute, chargeback or declined form of payment. GLOBAL CROSSING AIRLINES, INC. reserves the right to collect all such amounts at any time, including after transportation has been provided.
For purchased products onboard the flight or on the website, we have a 30-day return policy, which means you have 30 days after receiving your item to request a return.
To start a return, you can contact us at [email protected].
Please inspect your order upon reception and contact us immediately if the item is defective, damaged or if you receive the wrong item, so that we can evaluate the issue and make it right.
Certain types of items cannot be returned, like perishable goods (such as food), custom products (such as special orders or personalized items), and personal care goods (such as beauty products). Please get in touch if you have questions or concerns about your specific item.
We cannot accept return(s) on sale items, gift cards, or credit.
No claims for overcharge shall be valid and GLOBAL CROSSING AIRLINES, INC. shall have no liability if claim is more than forty-five (45) days after the date of issue of the ticket.
Except as otherwise discussed in this policy, this document only addresses the terms of use on our Site.
Other sites and payment processors accessible through our site, via links or otherwise, have their own policies in regard to terms of use, cancellations, refunds and returns. We are not responsible for the Terms of use or practices of third parties.
Tarmac Delay Plan - Purpose
The Department of Transportation has established guidelines for the development of contingency plans concerning lengthy onboard ground delays and their impact on passengers before, during, and after such delays. A contingency plan for lengthy onboard ground delays enables GlobalX, airports, Government agencies, and other aviation service providers to participate in a coordinated joint-response effort to ensure passenger needs are rapidly identified and addressed during such delays.
Tarmac Delay Policies
1. GlobalX will not permit our aircraft to remain on the tarmac at a U.S. airport for more than three hours for domestic flights and four hours for international flights before allowing passengers to disembark, unless:
a. The Captain determines there is a safety-related or security-related reason why the aircraft cannot leave its position on the tarmac to deplane passengers;
or
b. Air traffic control advises the Captain that returning to the gate or another disembarkation point elsewhere in order to deplane passengers would significantly disrupt airport operations.
2. Where there are delays at US airports, GlobalX will provide adequate food and drinking water no later than two hours after the aircraft leaves the gate (in the case of a departure) or touches down (in the case of an arrival) unless the Captain determines that safety or security considerations preclude such service.
NOTE: In most cases adequate food is considered to be snack type items such as granola/ cereal bars, pretzels, biscuits, etc.)
3. GlobalX will ensure operable lavatory facilities are available, as well as provision of adequate medical attention (if needed) while the aircraft remains on the tarmac.
NOTE: GlobalX Flight Attendants are trained to provide basic first aid assistance on the aircraft and will seek further medical assistance as necessary for any onboard emergency, which may include disembarking the passenger for treatment if needed with the assistance of airport emergency personnel.
4. The Flight Crew or Flight Attendants will issue notifications regarding the status of the delay every 30 minutes while the aircraft is delayed, including the reasons for the tarmac delay, if known.
5. GlobalX shall notify passengers beginning 30 minutes after scheduled departure time (including any revised departure time that passengers were notified about before boarding) and every 30 minutes thereafter that they have the opportunity to deplane from an aircraft that is at the gate or another disembarkation area with the door open if the opportunity to deplane actually exists.
6. The opportunity to disembark after the scheduled departure time can only be authorized by the Captain, taking into consideration the safety and security of other passengers, the crew and the aircraft and any directions issued by air traffic control.
7. As an international carrier the disembarkation of any passenger once their bags have been loaded will result in a security search of the cabin they were originally seated in and the offloading of all their checked baggage. Passengers wishing to disembark shall do so at their own risk and there is no guarantee they will be able to re-board once their bags have been removed and the cabin searched before the aircraft departs. Passengers holding a nonrefundable ticket will not be entitled to a refund, and regardless of ticket type, passengers who choose to disembark and subsequently miss their flight will not be entitled to the protections offered under the passenger protection act, including the right to rebooking or overnight accommodation, refreshments and ground transport. The Flight Crew shall provide as much information as is available to allow passengers to make an informed choice before making the decision to disembark the aircraft.
8. GlobalX shall retain a record of all Tarmac delays that lasts more than three hours. The report shall include:
a. The length of the delay;
b. The precise cause of the delay;
c. The actions taken to minimize hardships for passengers, including the provision of food and water, the maintenance and servicing of lavatories, and medical assistance;
d. Whether the flight ultimately took off (in the case of a departure delay or diversion) or returned to the gate;
e. An explanation for any tarmac delay that exceeded 3 hours (i.e., why the aircraft did not return to the gate by the 3-hour mark).
GlobalX Tarmac Delay Procedures
Departure Delays
14 CFR 259.8 GlobalX shall notify passengers who are ticketed or hold reservations information about a change in the status of a flight within 30 minutes after GlobalX becomes aware of it. A change in status of a flight means, at a minimum, cancellation of a flight, a delay of 30 minutes or more or a diversion.
If a delay is to be more than 4 hours, GlobalX will provide passengers with a meal voucher. IAW DOT guidelines.
Return to Gate
• Captain will coordinate with OCC to obtain gate to allow passengers to deplane if deemed necessary.
• OCC will communicate to station agents to advise what gate will be used for deplaning. Station agents will be readily available to assist passengers with trip recovery by:
> Providing information to passengers upon deplaning concerning delay extended delay or cancellation
> Possibly assist with rebooking, lodging, transportation, telecommunication, and meal vouchers.
If delay is for mechanical, diversions, irregular operations or extreme weather GlobalX will re-book the next available flight at no additional cost to the passenger. If no other flight is available within a reasonable amount of time GlobalX will assist in arranging:
- meal vouchers
- hotel (with transportation)
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