Amalfi Reserve Membership Subscription Terms

Amalfi Reserve Membership Terms of Use

Effective Date: December 30, 2024

This Terms of Use Agreement (the “Agreement”) governs the use of the Amalfi Reserve Membership (the “Membership”) provided by Amalfi Jets Inc., a Delaware Corporation headquartered at 30851 Agoura Rd Suite 305, Agoura Hills, CA 91301 (“Company,” “we,” or “us”). By subscribing to or using the Amalfi Reserve Membership through our mobile application available on Apple and Google Play (the “App”), you (“Member,” “you,” or “your”) agree to the following terms and condition.

1. Membership Enrollment and Fees

Membership to the Amalfi Reserve is available through the Amalfi Jets App. The monthly membership fee ranges from $99 to $500 USD, depending on the plan chosen, and will be automatically billed to the credit card on file.

Free Trial: If you subscribe through a free trial, you are responsible for canceling your subscription before the first billing date to avoid incurring the monthly fee. During the trial period, you can enjoy all the benefits of the Membership.

2. Billing

Billing is processed automatically through our payment processor integrated into the App. No credit card processing fees will be applied. The Member is responsible for monitoring their billing date, as the subscription fee is charged monthly to the card on file.

Payment Method: By providing your payment information and expressly agreeing to these continuous service terms through the App, you authorize Amalfi Jets Inc. to charge your card for recurring subscription fees until you cancel your membership.  Subscription fees and renewal period are specified in the App.  

Failed Payments: If payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your membership, we may suspend your access to the Membership until payment is successfully processed.

3. Cancellation Policy

You may cancel your Amalfi Reserve Membership at any time through the following methods:

-In-App Cancellation: Cancel your membership directly in the App, which will stop further billing.

-Contacting Support: You may also call, email, or chat with our support team to request cancellation. Cancellations will be effective after confirmation is provided by our team in writing.

No Proration: The monthly subscription fee will not be prorated or refunded. Cancellations must be completed before the billing date to avoid the charge for the next month.

4. Refunds

Refunds are not provided for cancellations made after the start of the billing cycle. Amalfi Jets Inc. does not offer refunds for the Amalfi Reserve Membership. To avoid future billing, cancellations must be made prior to the billing cycle.

5. Subscription Benefits and Access

Membership provides access to the following:

• Lifestyle Concierge Services: Utilize our in-house lifestyle concierge team for various services.

• Discounted Charter Flights: Access to book discounted Amalfi Jets charter flights.

• Empty Leg Flights: Ability to book Amalfi Jets empty leg flights.

• “Escapades” Partnerships: Experience exclusive offerings from partner restaurants, hotels, and other companies.

• Dedicated Account Management: Personalized assistance through a dedicated account management team.

6. Lifestyle Concierge Services

The lifestyle concierge service is included in your subscription fee. Requests made through the concierge service will be billed at cost per request. These services include, but are not limited to:

• Black car service reservations

• Restaurant and hotel bookings

• Flight bookings

• Custom concierge requests

Reservation of Rights: We reserve the right to deny any service request at our discretion and to apply additional concierge usage fees as deemed necessary.

7. Flight and Empty Leg Bookings

All flight bookings made through Amalfi Jets are subject to our On-Demand Charter Terms and Part 135 or the equivalent foreign terms and conditions. All flights will be billed at cost, with pricing details provided at the time of booking.

8. Escapades

Our “Escapades” program provides curated experiences with partnered hotels, restaurants, and other companies. The Member will be responsible for the cost of these experiences, which will be billed directly by the partner companies.

9. Governing Agreements

Your use of the Amalfi Reserve Membership is subject to:

• This Agreement

• Our Terms of Service

• Our Privacy Policy

10. Changes to Membership Terms

Amalfi Jets Inc. reserves the right to modify the terms of this Agreement at any time. We will notify Members of significant changes through the App or via email. Continued use of the Membership after any such modifications, and express affirmative consent via the App when express affirmative consent is required by law, such as modifications to the renewal period, or modifications to subscription fees with notice of no less than 7 days and no more than 30 days before subscription fee modification, shall constitute your consent to the updated terms.

11. Contact Information

For questions or assistance regarding your Membership, please contact us at:

Amalfi Jets Inc.

30851 Agoura Rd Suite 305 Agoura Hills, CA 91301 Phone: +1 (877) 626-2534

Email: legal@amalfijets.com

12. Limitation of Liability

To the maximum extent permitted by law, Amalfi Jets Inc. and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

• Your use or inability to use the Membership

• Unauthorized access to or use of your account

• Any unauthorized changes to your Membership access

13. Indemnification

You agree to indemnify, defend, and hold harmless Amalfi Jets Inc., its affiliates, officers, agents, and employees from any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees, arising out of or connected with your use of the Membership or violation of this Agreement. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

14. Dispute Resolution

This Agreement shall be governed by the laws of the State of California, without regard to its conflict of law principles. Any disputes arising out of or relating to this Agreement shall be resolved exclusively in the state or federal courts located in Los Angeles County, California, subject to the Arbitration and Class Action Waiver below.

15. Severability

If any provision of this Agreement is found to be unlawful, void, or unenforceable, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions.

16. Arbitration and Class Action Waiver

Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Amalfi Jets and limits the manner in which you can seek relief from Amalfi Jets. Both you and Amalfi Jets acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Amalfi Jets' officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in Los Angeles County, California. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules.  If JAMS determines the Streamlined Rules do not apply, then the then-operative JAMS Comprehensive Arbitration Rules and Procedures (“Comprehensive Rules”) will govern the arbitration.  The parties shall be entitled to the discovery or exchange of non-privileged information relevant to the dispute.  An Arbitrator's Award will consist of a written statement stating the disposition of each claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.  

(b) Costs of Arbitration. The Rules, as modified by JAMS’ Consumer Minimum Standards guidance, will govern payment of all arbitration fees. Amalfi Jets will pay all arbitration fees for consumer claims and for commercial claims will pay all arbitration fees for commercial claims less than seventy-five thousand ($75,000) dollars. Amalfi Jets will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.  

(c) Small Claims Court; Infringement. Either you or Amalfi Jets may assert claims, if they qualify, in small claims court in Los Angeles County, California or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.  

(d) Waiver of Jury Trial. YOU AND AMALFI JETS WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Amalfi Jets are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Amalfi Jets over whether to vacate or enforce an arbitration award, YOU AND AMALFI JETS WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by an arbitrator and, if procedurally appropriate, confirmed by a judge.

(e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Amalfi Jets is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.

(f) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: 5716 Corsa Ave, Suite 204, Westlake Village, CA 91362. USA postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.

(g) Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or Amalfi Jets to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Amalfi Jets agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, Los Angeles County, California, or the federal district in which that county falls. In no event, however, your access to arbitration will not be precluded by the location of the arbitration, and in the event situating the proceedings in Los Angeles County, California would preclude your access, Amalfi Jets will cooperate with you and JAMS to select a location that does not preclude your access to arbitration.

(h) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Amalfi Jets.

Miscellaneous.  

You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Website, provided that the Amalfi Jets may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit.  

The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder.  

You and Amalfi Jets agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Amalfi Jets, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.  

You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Amalfi Jets, and you do not have any authority of any kind to bind Amalfi Jets in any respect whatsoever.  

Except as expressly set forth in the section above regarding Personnel in this arbitration agreement, you and Amalfi Jets agree there are not third-party beneficiaries intended under these Terms.

By using or subscribing to the Amalfi Reserve Membership, you acknowledge that you have read, understood, and agree to be bound by this Agreement.

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