NEED TO LEARN TERMS OF SERVICE
Terms and Conditions
Material Terms: As provided in greater detail in this End User License Agreement
(and without limiting the express language of this End User License Agreement), you acknowledge the following:
Except for the limited license expressly granted by and to you under this End Users License Agreement, no other rights, licenses, or immunities are granted or will be deemed to be granted under this End Users License Agreement, either expressly, or by implication, or otherwise. All rights not expressly granted by a party hereunder are expressly reserved. 12) Feedback. While our own staff is continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the user community. If you choose to contribute by sending Need to Learn or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to NEED TO LEARN, you agree that: A) Need to Learn has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason; B) Feedback is provided on a non-confidential basis, and Need to Learn is not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and C) You irrevocably grant Need to Learn perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified. 13) Termination. The EULA is effective until terminated by you or Need to Learn. Your rights under this End Users License Agreement will terminate automatically without notice from Need to Learn if you fail to comply with any term(s) of this End Users License Agreement (including by violating any license restriction provided herein). You may terminate this End Users License Agreement by uninstalling the App. Upon any termination of this End Users License Agreement, you must immediately cease all use of the Service, and destroy all copies, full or partial, of the App. 14. Indemnity. You agree to indemnify and hold Need to Learn, and its members, employees, agents, successors, and assigns harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected to (a) your access, use, or misuse of the Service or Content, or (b) your violation of this End Users License Agreement. Need to Learn will use reasonable efforts to notify you of any such claim, action, or proceeding for which it seeks an indemnification from you upon becoming aware of it, but if Need to Learn is unable to communicate with you in a timely manner because of an inactive or erroneous e-mail address for you, your indemnification obligation will continue notwithstanding Need to Learn’s inability to contact you in a timely manner. 15) NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE, THE PACKAGE, AND SERVICE MATERIALS ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, THE PACKAGE, AND ALL SERVICE MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND NEED TO LEARN HEREBY DISCLAIMS, ON BEHALF OF ITSELF AND ITS SUPPLIERS AND LICENSORS, ALL WARRANTIES AND CONDITIONS WITH RESPECT THERETO, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NEED TO LEARN DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE, THE PACKAGE, OR SERVICE MATERIALS, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE SERVICE, PACKAGE, OR SERVICE MATERIALS WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE, THE PACKAGE OR SERVICE MATERIALS WILL BE SECURE, UNINTERRUPTED, OR ERROR-FREE, OR THAT ANY DEFECTS IN ANY OF THE FOREGOING WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NEED TO LEARN OR ITS AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE END USERS LICENSE AGREEMENT. SHOULD THE SERVICE, PACKAGE, OR SERVICE MATERIALS PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU, BUT IN SUCH A CASE THE FOREGOING WILL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW. 16) LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL NEED TO LEARN OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, THE PACKAGE, OR SERVICE MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF NEED TO LEARN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL NEED TO LEARN’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE GREATER OF THE AMOUNTS PAID TO NEED TO LEARN BY YOU IN THE PRECEDING 12 MONTHS OR ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATION OF CERTAIN TYPES OF DAMAGES OR LIABILITIES, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU, BUT IN SUCH A CASE THE FOREGOING WILL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW. NEED TO LEARN DOES NOT PROVIDE TRANSPORTATION SERVICES AND IS NOT A TRANSPORTATION CARRIER. IT IS UP TO THE THIRD-PARTY TRANSPORTATION PROVIDER, DRIVER, OR VEHICLE OPERATOR TO OFFER TRANSPORTATION SERVICES WHICH MAY BE SCHEDULED THROUGH THE SERVICE. NEED TO LEARN OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH THIRD-PARTY TRANSPORTATION SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY WAY AS A TRANSPORTATION CARRIER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY SUCH THIRD PARTIES. NEED TO LEARN MAY INTRODUCE YOU TO THIRD-PARTY TRANSPORTATION PROVIDERS TO PROVIDE YOU TRANSPORTATION, BUT NEED TO LEARN DOES NOT ASSESS THE SUITABILITY, LEGALITY, OR ABILITY OF ANY THIRD-PARTY TRANSPORTATION PROVIDER AND YOU EXPRESSLY WAIVE AND RELEASE NEED TO LEARN FROM ANY AND ALL LIABILITY, CLAIMS, OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD-PARTY TRANSPORTATION PROVIDER. YOU ACKNOWLEDGE THAT NEED TO LEARN DOES NOT MONITOR ANY THIRD-PARTY TRANSPORTATION PROVIDER’S ON-GOING COMPLIANCE WITH ANY AND ALL LICENSING AND/OR PERMITTING RULES AND REGULATIONS, AND NEED TO LEARN WILL NOT BE RESPONSIBLE FOR ANY LIABILITY, CLAIMS, OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO A THIRD-PARTY TRANSPORTATION PROVIDER’S FAILURE TO MAINTAIN A CURRENT LICENSE AND/OR PERMIT. NEED TO LEARN WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING NEED TO LEARN’S SERVICES RESTS SOLELY WITH YOU. NEED TO LEARN WILL NOT ASSESS THE SUITABILITY, LEGALITY, OR ABILITY OF ANY SUCH THIRD PARTIES AND YOU EXPRESSLY WAIVE AND RELEASE NEED TO LEARN FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE
SERVICE, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE SERVICE. THE QUALITY OF THE TRANSPORTATION SERVICES SCHEDULED THROUGH THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE THIRD-PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH TRANSPORTATION SERVICES TO YOU. YOU UNDERSTAND THAT BY USING THE SERVICE, YOU MAY BE EXPOSED TO TRANSPORTATION THAT IS POTENTIALLY DANGEROUS, HARMFUL, OR OTHERWISE UNSAFE AND THAT YOU USE THE SERVICE AT YOUR OWN RISK. IN NO EVENT WILL NEED TO LEARN, ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, DEATH, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THIS SERVICE, PERSONS YOU MEET THROUGH THE SERVICE OR FLIGHTS YOU BOOK THROUGH THE SERVICE. 17) THIRD PARTY DISPUTES. ANY DISPUTE YOU HAVE WITH ANY CARRIER, SERVICE PROVIDER, OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY AND YOU IRREVOCABLY RELEASE NEED TO LEARN AND ITS MEMBERS, AFFILIATES, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. 18) Dispute Resolution. a. Mandatory Arbitration. Please read this carefully. It affects your rights. YOU AND NEED TO LEARN AND EACH OF OUR RESPECTIVE SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, AND PERMITTED ASSIGNS AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THE END USERS SERVICE AGREEMENT OR YOUR USE OF THE SERVICE. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.QLS.com.au for more information about arbitration. i. Commencing Arbitration. A party who intends to seek arbitration must first send to the other, by certified mail, a written notice of intent to arbitrate (a “Notice”), or, in the absence of a mailing address provided by you to Need to Learn, to you via any other method available to Need to Learn, including via e-mail. The Notice to Need to Learn should be addressed to c/o Level 5/757 Ann Street, Brisbane, QLD 4006, Attn: Chief Operating Officer (the “Arbitration Notice Address”). The Notice must (A) describe the nature and basis of the claim or dispute; and (B) set forth the specific relief sought (the “Demand”). If you and Need to Learn do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Need to Learn may commence an arbitration proceeding as set forth below or file a claim in small claims court. THE ARBITRATION WILL BE ADMINISTERED BY THE QUEENSLAND LAW SOCIETY (“QLS”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (the “Rules”), AS MODIFIED BY THIS AGREEMENT. The Rules and ACICA forms are available online at www.QLS.com.au. If you are required to pay a filing fee to commence an arbitration against Need to Learn, then Need to Learn will promptly reimburse you for your confirmed payment of the filing fee upon Need to Learn’s receipt of Notice at the Arbitration Notice Address that you have commenced arbitration along with a receipt evidencing payment of the filing fee, unless your Demand is equal to or greater than $1,000 or was filed in bad faith, in which case you are solely responsible for the payment of the filing fee. ii. Arbitration Proceeding. The arbitration will be conducted in the English language. A single independent and impartial arbitrator will be appointed pursuant to the Rules, as modified herein. You and Need to Learn agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (A) the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (B) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (C) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. iii. No Class Actions. YOU AND NEED TO LEARN AGREE THAT YOU AND NEED TO LEARN MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION SECTION WILL BE NULL AND VOID. iv. Decision of the Arbitrator. Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement setting forth the reasons for the disposition of any claim. The arbitrator will apply the laws of the State of Queensland in conducting the arbitration. You acknowledge that these terms and your use of the Service evidences a transaction involving interstate commerce. The Australian commercial Arbitration Act (ACICA) will govern the interpretation, enforcement, and proceedings pursuant to the Mandatory Arbitration clause in this End User License Agreement. b. Equitable Relief. The foregoing provisions of this Dispute Resolution section do not apply to any claim in which Need to Learn seeks equitable relief of any kind. You acknowledge that, in the event of a breach of this End User License Agreement by Need to Learn or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against Need to Learn, and your only remedy will be for monetary damages, subject to the limitations of liability set forth in this End User License Agreement. c. Claims. You and Need to Learn agree that, notwithstanding any other rights the party may have under law or equity, any cause of action arising out of or related to this End User License Agreement A or the Service, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred. d. Improperly Filed Claims. All claims you bring against Need to Learn must be resolved in accordance with this Dispute Resolution section. All claims filed or brought contrary to this Dispute Resolution section will be considered improperly filed. Should you file a claim contrary to this Dispute Resolution section, Need to Learn may recover attorneys’ fees and costs up to $5,000, provided that Need to Learn has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim. e. Modifications. In the event that Need to Learn makes any future change to the Mandatory Arbitration provision (other than a change to Need to Learn’s Arbitration Notice Address), you may reject any such change by sending us written notice within 30 days of the change to Need to Learn’s Arbitration Notice Address, in which case your account with Need to Learn and your license to use the Service will terminate immediately, and this Dispute Resolution provision, as in effect immediately prior to the amendments you reject, will survive the termination of this End User License Agreement. f. Enforceability. If only Section 18.a.iii or the entirety of this Section 18 is found to be unenforceable, then the entirety of this Section 18 will be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 19 will govern any action arising out of or related to this End User License Agreement. 19. Governing Law. The laws of the State of Queensland, excluding its conflicts of law rules, govern this End User License Agreement and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action will be subject to the exclusive jurisdiction of the state and federal courts located in Brisbane, Queensland, and you hereby irrevocably submit to personal jurisdiction in such courts, and waive any defence of inconvenient forum.
NEED TO LEARN Operator-Participant Agreement / End User license agreement/
Terms of Service PUBLIC PARTICIPANT AGREEMENT
This Agreement sets forth the terms and conditions under which we, NEED TO LEARN PTY LTD, email@example.com, www.needtolearn.com.au, the course Operators (Universities, training institutions and colleges), agree to provide you (Participant) a course. RESPONSIBILITY: Need to Learn, as the website booking agent, is responsible to you for arranging and providing all of the services and accommodations offered in connection with these courses, provided, however, that in the absence of negligence on our part, we are not responsible for personal injury or property damage caused or other suppliers of any of the services being offered in connection with the course. RESERVATIONS AND PAYMENT: Reservations may be made through the Need to Learn mobile application (the “App”) only after you agree to Need to Learn Aviation’s Terms of Service for the use of its App and this Operator-Participant Agreement and full payment is made by credit card. Reserving a course. To reserve a course, you will need to provide your credit card information and a mobile phone number. YOUR COURSE OR SERVICE IS NOT CONFIRMED UNTIL YOU RECEIVE A CONFIRMATION E-MAIL FROM NEED TO LEARN PTY LTD. Payment: You authorize Need to Learn to assess payment in full via your credit card once your flight, course or service is confirmed and we send your confirmation email. CHARTER PRICE: The price for each seat is displayed on the App or our website by itinerary. The stated price includes all applicable taxes and fees. Except for “major changes,” or otherwise as described below, no refund or credit will be made for any transportation, accommodations, or services included in the charter price which you voluntarily do not use. AIRLINE AND AIRCRAFT: Public charter flights pursuant to this Operator-Participant Agreement will be operated by multiple operators. Need to Learn and the carrier used, reserve the right to change the carrier or substitute aircraft if necessary, such as for operational or safety reasons. BAGGAGE: For Domestic flights, the carrier accepts one carry-on roller bag and one checked bag per person. ***PLEASE NOTE: If you have additional baggage needs, contact a Need to Learn team member. The carrier reserves the right to refuse carriage of a bag or bags that are deemed too heavy or too large. Need to Learn Aviation will not be liable for loss, damage, or delay in the delivery of the passenger’s luggage to his or her destination. CANCELLATION, REFUNDS, AND CREDITS: If you cancel your reservations your right to receive a credit or a refund is limited, as set forth below. Requests to cancel and for credit or a refund must be made by visiting the contact details on the website - www.needtolearn.com.au.
Substitution: Participants may furnish Need to Learn with a Substitute Participant if done within the above cancellation time limits, i.e., more than 7 days before a course is scheduled to operate. Need to Learn Aviation will accept such Substitute Participant upon payment by the Substitute Participant for the flight. In that event, Need to Learn Aviation will refund to the participant whose place is taken on the flight the amount he or she paid after subtracting a $50.00 Administrative Fee per change from the amount paid for each substituted passenger. Substitutions must be made prior to Participant canceling and receiving a credit, which credit must be used by Participant. Major Changes: After you make payment, if we make major changes prior to departure you have the right to cancel and receive a full refund. The following are major changes: (1) a change in the departure or return date, unless the change results from a flight delay experienced by the air carrier. (If, however, the delay is longer than 48 hours, it will be considered a major change.) (2) a change in the origin or destination city, unless the change affects only the order in which cities named in a tour package are visited; (3) a substitute of any hotel not listed in this contract; and (4) a price increase of more than 10 percent occurring 10 or more days before departure. In no event can we increase your price less than 10 days before departure. If a major change must be made in the program, we will notify you within 7 days after first learning of the change, but in any event at least 10 days prior to the scheduled departure. If, less than 10 days before scheduled departure we become aware that a major change must be made, we will notify you as soon as possible. Within 7 days after receiving notification of a major change but in no event later than departure, you may cancel your reservation and you will receive a full refund within 14 days after canceling. If a major change occurs after the departure of the flight, which you are unwilling to accept, we will refund, within 14 days after your scheduled return date, that portion of your payment that applies to the services not accepted. If we must cancel the charter, we will notify you in writing within 7 days of the cancellation, but in no event later than 10 days before the scheduled departure date. We have no right to cancel the charter less than 10 days before departure, except for circumstances that make it physically impossible to perform the charter trip. If that occurs, we will notify you as soon as possible, but not later than the scheduled departure date. If the charter is canceled, and you do not elect any alternative transportation offered, we will make a full refund to you within 14 days after cancellation. The rights and remedies made available under this contract are in addition to any other rights or remedies available under applicable law. However, we offer refunds under this contract with the express understanding that the receipt of that refund by a passenger waives the additional remedies.
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