PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND IMPACTS HOW CLAIMS BETWEEN YOU AND FLYALLOVER WILL BE RESOLVED.
At Flyallover, customer satisfaction is our priority. If a dispute arises, our goal is to resolve it fairly, efficiently, and cost-effectively. Before pursuing any formal dispute resolution, we encourage you to contact our customer support team at support@flyallover.com or call [Customer Service Phone Number] to allow us the opportunity to address your concerns.
Governing Law and Claims
These Terms and Conditions, along with the rights of all parties involved, shall be governed by the laws of the State of New York, USA, excluding any conflict of law principles. Unless prohibited by applicable law, any claim must be initiated within two (2) years from the date the claim arose. This time limitation does not apply to residents of New Jersey.
Waiver of Jury Trial and Class Actions
By agreeing to these Terms and Conditions, both parties waive their right to a trial by jury. All claims must be brought individually, meaning you waive any right to participate in a class action, mass action, representative action, or similar proceeding. Any dispute regarding the classification of a claim as a class or mass action will be determined by a court of competent jurisdiction.
Dispute Resolution and Arbitration
If a dispute cannot be resolved through direct communication within 60 days, either party may pursue arbitration or a small claims court proceeding. Claims will be resolved through binding arbitration administered by the American Arbitration Association (AAA), except for individual claims eligible for small claims court. Arbitration is a more informal process than a lawsuit, relying on a neutral arbitrator instead of a judge or jury.
If arbitration is chosen, the proceedings will be governed by the AAA Consumer Arbitration Rules and conducted by a single arbitrator. You may select whether the arbitration occurs via telephone, online, in writing, or through an in-person hearing. If a hearing is required, the location will be mutually agreed upon or determined by the arbitrator.
The arbitrator is not permitted to award punitive, incidental, or consequential damages unless required by statute. Additionally, arbitrators cannot consolidate multiple claims or oversee class proceedings. If any part of this arbitration clause is found unenforceable, the entire arbitration provision will be considered null and void.
Small Claims Court Option
If your dispute qualifies, you may file a claim in small claims court instead of arbitration. You may do so in your county of residence or in New York County, New York, USA. Either party may elect to proceed in small claims court without involving AAA arbitration.
Final Provisions
These Terms and Conditions constitute the full agreement between you and Flyallover regarding your use of our services. We reserve the right to modify these Terms at any time, and any updates will be posted on our website. Your continued use of our services after changes are made constitutes acceptance of the revised terms.
For further assistance, please contact us at support@flyallover.com or call [Customer Service Phone Number].