THESE TERMS OF USE (“TERMS”) INCLUDE A MANDATORY ARBITRATION AGREEMENT, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY CLAIM (DEFINED IN THE “DISPUTE RESOLUTION BY BINDING ARBITRATION” SECTION HEREIN) TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. IF YOU WANT TO OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT, THE “DISPUTE RESOLUTION BY BINDING ARBITRATION” SECTION HEREIN DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO. THE ARBITRATION AGREEMENT ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY CLAIM INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. BY USING THE SERVICES OR INSTALLING THE SOFTWARE, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE, INCLUDING OUR USE OF YOUR DATA AS PROVIDED IN THE PRIVACY NOTICE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU SHOULD NOT USE ANY OF THE SERVICES OR INSTALL THE SOFTWARE.

These Terms specifically govern your access to and use of the AIR Shop Services (as defined below in Section 3.1), which include the Products that are managed and fulfilled by Open Network Exchange Inc (“ONE”) on travel.air.shop (the “Travel Shop”), and the Products that are managed and fulfilled by Bookit Ventures, Inc. (“Bookit”) on experiences.air.shop (the “Experiences Shop”). These Terms constitute a legally binding agreement among ONE, Bookit, Crowd Education Limited ("Mocaverse", and collectively with ONE and Bookit, "we”, “our” or "us"), you, any entity you represent, and any individual accessing or using the AIR Shop Services (collectively, "you" or "your"). Each of us and you is a "Party" and collectively the "Parties".

The AIR Shop Services are a subset of AIR Services that are provided by Mocaverse, as defined in those Terms of Use – AIR Services (“AIR Services Terms”) which govern the access and use of the AIR Services. These Terms constitute “Additional Terms” explicitly incorporated by reference in and subject to the AIR Services Terms, and within the meaning provided in Section 5.3 thereof. These Terms supplement and are made in addition to the AIR Services Terms which are hereby expressly incorporated herein. In the event of any conflict between these Terms and the AIR Services Terms, these Terms shall govern with respect to the AIR Shop Services.   

1. Agreement to these Terms

1.1. Please read these Terms carefully before accessing and using any of the AIR Shop Services. By accessing and using any of the AIR Shop Services in any manner, including but not limited to engaging in activities related to making purchases or other transactions on AIR Shop you expressly:

1. accept and agree to these Terms and any amendment to these Terms that may be made by us from time to time;

2. accept and agree to the AIR Services Terms and any amendment to the AIR Services Terms that may be made by us from time to time;

3. consent to the collection, use, disclosure and other handling of information as set forth in our Privacy Notice; and

4. accept and agree to any other Policy, including but not limited to any AML/KYC Policy, made available from time to time in connection with the AIR Shop Services, and any amendment thereto that may be made from time to time.

1.2. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE ANY OF THE AIR SHOP SERVICES.

1.3. When you access and use any of the AIR Shop Services, you may also be using the services of one or more third parties. Your use of any third-party services will be subject to the privacy policies, and other terms, conditions, and fees (if any) of the relevant third-party service providers.

1.4. Amendment to these Terms. We reserve the right to amend or modify these Terms or any Policy at our sole discretion at any time by publishing such amended or modified Terms or Policy. Any and all modifications or changes will become effective upon publication and you agree and acknowledge that we will not explicitly notify you about any possible amendments and modifications and it is your responsibility to check these Terms and any Policy periodically for changes. Your continued use of the AIR Shop Services following the publication of any changes to these Terms and any Policy will mean that you accept and agree to such changes.

2. Definitions

2.1. The following terms shall have, for the purposes of these Terms, the following meaning:

"Account Credentials" shall have the meaning as set out in Section 5.4 of the AIR Services Terms;

“Additional Terms” shall have the meaning as set out in Section 5.3 of the AIR Services Terms;

"Affiliates" means any entity which controls, is controlled by or is under common control with us;

"AIR Account" means an account created in connection with a third party decentralized application and maintained on a blockchain, and which is used in connection with, among others, certain identity and reputation features of the AIR Services, including the issuance, holding and verification of Verifiable Credentials;

“AIR Services” means the services made available by us to you in relation to the AIR Account and all related services made available by us from time to time, including the AIR Shop Services, issuance and verification of Verifiable Credentials and the Moca Wallet UI.

“AIR Services Terms” shall have the meaning as set out in the third paragraph of these Terms.

“AIR Shop Services” shall have the meaning as set out in Section 3.1 of these Terms.

“Points” means AIR Spree Points or “AIR SP” that eligible users can earn and use exclusively in connection with transactions in the AIR Shop, as further disclosed on the AIR Shop and described in these Terms. 

“AML” shall have the meaning as set out in Section 2.1 of the AIR Services Terms.

“AML/KYC Policy” shall have the meaning as set out in Section 1.1(c) of the AIR Services Terms.

"Claims" shall have the meaning as set out in Section 14.1 of the AIR Services Terms;

"Content" shall have the meaning as set out in Section 11.1 of the AIR Services Terms;

"Credentials" means your identity, qualifications, attributes, statuses and/or other information relating to you;

"KYC" means know-your-customer standards, which are designed to protect including, but not limited to, financial institutions against fraud, corruption, money laundering and terrorist financing, as institutions have the obligations to verify customer's identity;

"KYC/AML Regulations" shall have the meaning as set out in Section 9.1 of the AIR Services Terms;

"Master Account" means the account that (i) is created for you the first time that you create an AIR Account and (ii) will be linked to all AIR Accounts that you subsequently create;

"Moca Wallet UI" has the meaning as set out in Section 6.1 of the AIR Services Terms;

“Mocaverse”, “we”, or “us” shall have the meaning as set out in the second paragraph of these Terms.

"Party" or "Parties" shall have the meaning as set out in the second paragraph of these Terms;

"Policy" shall have the meaning as set out in Section 1.1(c) of the AIR Services Terms;

“Product” means any product or service offered for sale through AIR Shop.

“Terms” shall have the meaning as set out in the second paragraph of these Terms.

“user” means an individual accessing and/or using the AIR Shop. 

"Verifiable Credentials" means any digital, cryptographically-secured attestations following the W3C standard that evidences your Credentials in an encrypted manner which is tamper-proof and independently verifiable by an authorized person;

"Wallet" shall have the meaning as set out in Section 6.1 of the AIR Services Terms;

“you” or “your” shall have the meaning as set out in the second paragraph of these Terms. 

2.2. Any capitalized terms or expressions not defined in these Terms shall have the meanings otherwise ascribed to them in the AIR Services Terms. In the event of any conflict between meanings ascribed to such terms or expressions by these Terms and the AIR Services Terms, these Terms shall control.

2.3. Wherever a singular expression is used in these Terms, that expression is considered as including the plural or the body corporate where required by the context.

3. AIR Shop Services Access

3.1. AIR Shop. “AIR Shop” is a verifiable loyalty platform within the Mocaverse ecosystem with features as further described in this Section, constituting the website https://www.air.shop along with any of its current or future website sub-pages or mobile applications, including the Travel Shop and Experiences Shop, as each are further described below. AIR Shop enables those with a valid AIR Account to earn rewards by completing eligible purchases in travel, entertainment, premium retail, and high-demand consumer facing industries.

3.2. Eligibility. Access to and use of the AIR Shop Services is exclusively for those individuals with a valid AIR Account who are at least 18 years old and have the capacity to enter into legally binding agreements under applicable law. See Section 5 of the AIR Services Terms for terms and conditions regarding creation of an AIR Account. By accessing or using any of the AIR Shop Services, you further represent and warrant to us that:

1. you are at least 18 years old or have attained such age of majority and contractual capacity in your jurisdiction of residence;

2. you have read carefully in full these Terms, the AIR Service Terms, and our Policies (to the extent applicable) to which you consent;

3. if you are accepting these Terms on behalf of any entity, you have the legal authority to do so and bind such entity to these Terms; and

4. you are (i) not subject to any embargo, sanctions or otherwise included on any list of designated, sanctioned, prohibited or restricted parties, including but not limited to the lists maintained by the United Nations Security Council, the United States Government (e.g., the Specially Designated Nationals and Blocked Persons List, Foreign Sanctions Evaders List of the United States Department of Treasury, Entity List, Denied Persons List and Unverified List of the United States Department of Commerce), the United Kingdom Government (e.g., HM Treasury's financial sanctions regime), the European Union or any of its Member States, or other applicable government authority; and (ii) not located in any country subject to any comprehensive sanctions program implemented by the United States Government.

You may not make purchases on behalf of an entity in the Travel Shop. Such purchases are limited to individual users and may be made solely for personal, non-commercial purposes.

You undertake to us that you will do all things reasonably necessary to ensure continuing compliance with this Section 3.2, such that each of the representations and warranties made shall continue to be true.

If at any time we become aware that you misrepresented, or breached any warranty or undertaking, given in these Terms, we may in our sole discretion deny you access to all or part of the AIR Shop Services.

3.3. Acceptance of Electronic Communication. You hereby consent to receive electronic communications, including but not limited to purchase confirmations, from us, our Affiliates, merchants, and any third-party service providers of the foregoing in connection with the AIR Shop Services, whether addressed to the email address associated with your AIR Account or other email address that you provide at time of purchase confirmation. You acknowledge and agree that any communication via email or postings on AIR Shop satisfies any legal requirements that such communications be made in writing.   

3.4. Relationship between you and the third-party provider. Every time you purchase a Product through AIR Shop, you enter into an agreement with us and the respective third-party provider to purchase such Product in exchange for the stated amount of Points, cryptocurrency or currency. You agree and acknowledge that separate terms and conditions of the relevant Product, as indicated by the third-party provider, will apply to any purchase via AIR Shop. You agree to comply with and be subject to any such terms and conditions, including but not limited to, rules and restrictions on availability and eligibility, shipment and delivery terms, notification of defects, return and refund policies, money back guarantees and Claim for damages. We strongly recommend that you check the terms and conditions of each Product and third-party provider prior to bidding or purchasing. It is your responsibility to adhere to those terms and conditions and be aware of any special circumstances that apply prior to bidding on or purchasing a Product. If you are deemed ineligible or are unavailable for any Product that you have purchased from AIR Shop, your Points will not be refunded. 

3.5. Use of the AIR Shop Services. You may only use AIR Shop to make personal, non-commercial, legitimate purchases or benefit from other valid redemption types permitted by these Terms, and shall not use AIR Shop for any other purposes, including making any speculative, illegal, false, fraudulent or other illicit purposes. All Products offered for sale on AIR Shop are subject to availability at the time of purchase. Points which are redeemed in violation of these Terms or any other applicable terms and conditions will not be refunded.

3.6. Restrictions on Use. Due to local laws and regulations, we reserve the right to exclude users from certain jurisdictions from making some or all transactions using AIR Shop. By making transactions via AIR Shop, you confirm that you are not breaching any laws in your country of residence regarding the legality of such use. We, the third-party provider, and our/their Affiliates will not be held responsible (i) for the exclusion of users from participation and (ii) if you use AIR Shop unlawfully. If in any doubt, you should check with the relevant authorities in your country of residence.

4.  Travel Shop Product Specific Terms and Conditions

4.1. Travel Products and Services. The following additional terms and conditions apply to purchases of travel Products. In the event of any conflicts between this section and any other section of the Terms, this Travel Shop Product Specific Terms and Conditions section takes precedence and governs the purchase of travel Products by you. 

a. General Terms

Booking Confirmation/Travel Receipt. Reservations must be confirmed in writing electronically by ONE (“Booking Confirmation”). This will be sent to you within two weeks after the initial booking of the travel Product. Multiple Booking Confirmations will not be issued. Travelers’ names on the Booking Confirmation must accurately reflect the travelers’ complete legal names as they appear on their respective proof of identification documents. It is your sole responsibility to review and verify all information on the Booking Confirmation for accuracy and completeness and check the spelling of all names carefully. Please notify our customer service representatives immediately if any changes or corrections are needed. Failure to do so constitutes acceptance of the information contained on the Booking Confirmation as accurate.

Maximum Occupancy.  In no event may the total number of people booked for a travel Product exceed the maximum occupancy set forth by the travel provider.

Identification Documentation. Travel providers may require that you and your traveling companions have in your possession the proper documentation required by the United States and/or any relevant foreign countries (as applicable). The names on the Booking Confirmation must match such documentation exactly. You and your traveling companions are advised to consult with the appropriate governmental agencies and embassies to determine what documentation will be required for travel. We do not assume any responsibility nor represent or warrant the accuracy of any information or opinion given regarding identification documentation. No refund will be issued if you and/or your traveling companions fail to bring proper documentation and are refused travel services/accommodations.

Travel Documents.  Booking Confirmations will be sent electronically unless otherwise noted in the terms and conditions of the individual Product description. If tickets or vouchers are issued as part of a transaction, then they are valid only for the person(s) named thereon and cannot be transferred or modified without the travel provider’s prior written consent. When a name change is required, additional fees may apply. Notify our customer service representatives immediately if changes or corrections are required. 

Travel Warnings. Please review travel prohibitions, warnings, announcements and advisories issued by the United States government, and/or other applicable foreign governments prior to booking travel to international destinations. Information from the United States government on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.cbp.gov/travel.  

BY OFFERING TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS FOR SALE, ONE DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH DESTINATIONS IS ADVISABLE OR WITHOUT RISK, AND ONE IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

Third-Party Travel Provider Terms. Additional terms and conditions by third-party travel providers will apply to your reservation and purchase of travel-related Products that you select from the Travel Shop. The hotels, resorts, cruises, rental cars, airfare and other travel providers supplying travel or other Products on the Travel Shop are independent third-party providers and not our agents or employees. You agree to abide by the third-party provider’s terms and conditions (“Provider Terms”) for any travel provider with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the travel provider’s rules and restrictions regarding availability and use of Products. We reserve the right to cancel your reservation if full payment is not received by the final payment date. You acknowledge that some third-party travel providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activities they offer. 

You understand that any violation of any travel provider’s rules and restrictions may result in

(a) cancelling your reservation(s), 

(b) being denied access to the applicable travel Products, 

(c) forfeiting any monies paid for such reservation(s), and/or 

(d) debiting your account for any costs we incur as a result of such violation. 

b. Cruises 

You agree that your credit and/or debit card will be charged for the total cruise booking price. Upon submitting your reservation request you authorize us to facilitate booking the cruise(s) on your behalf, including making payment arrangements with cruise providers.

Cruise guests (if you choose to add guest(s) to a booking) must meet all eligibility requirements to sail as described on the cruise provider’s website as of the date of departure. Generally, any cruise guest under 21 years of age (“Underage Guest”) must be accompanied by a guest who is 21 years or older. Please note some cruise providers require the main guest to be older than 21 years of age. Please check the requirements provided by the applicable cruise provider prior to booking. If the Underage Guest is your child, then such Underage Guest must be accompanied at all times during the cruise by you. 

All cruise bookings are subject to the terms of the cruise provider’s standard passage or cruise ticket contract. All cruise guests must have all necessary identification and/or cruise documents (including, but not limited to, a valid passport, visa, if applicable, and all other necessary travel documents, which include any health certifications/proofs of vaccination that are required by the cruise provider and/or applicable governments/ports) required for the cruise. As set forth in more detail in the cruise provider’s passage/cruise ticket contract, the cruise provider reserves the right to refuse to embark any guest, at any time if, in the sole opinion of the cruise provider, a guest is unfit for any reason for the cruise.

We are not responsible for any cancellations, delays, diversions or substitution or any acts or omissions whatsoever by cruise providers or any other persons providing any cruise-related services or accommodations. You are responsible for any cancellation fees imposed by the cruise provider. You and any guests are also responsible for obtaining travel insurance (and all other forms of insurance) at your option and hereby acknowledge that we have not and will not obtain or provide travel insurance or any other form of insurance.

c. Hotels/Resorts 

The hotels, resorts and other travel providers supplying travel or other services on the Travel Shop are independent third-party providers and not our agents or employees. We are not liable for any costs incurred due to hotel or resort relocation.

We have no special knowledge regarding the suitability of any reservation for persons with a disability. For information concerning the suitability for persons with a disability for any reservation, contact the travel provider directly. Minimum age requirements may apply. Please check the Provider Terms for additional requirement, including age requirements, prior to making any booking of a hotel, villa or resort.

We may pre-negotiate certain room rates with hotel and resort providers to facilitate the booking of reservations. You agree that your credit and/or debit card will be charged for the total reservation price.  

Upon submitting your reservation request you authorize us to facilitate booking reservations on your behalf, including making payment arrangements with hotel and resort providers. You acknowledge that except as provided below with respect to tax obligations on the amounts we retain for our services, we do not collect taxes for remittance to applicable taxing authorities. The tax recovery charges on prepaid hotel and resort transactions are a recovery of the estimated taxes (e.g., sales and use, occupancy, room tax, excise tax, value added tax, etc.) that we pay to the travel provider for taxes due on the travel provider’s rental rate for the room. The hotel and resort providers invoice us for certain charges, including tax amounts. The travel providers are responsible for remitting applicable taxes to the applicable taxing jurisdictions. 

We do not act as a co-vendor with the travel provider with whom we book or reserve your travel arrangements. Taxability and the appropriate tax rate vary greatly by location. The actual tax amounts paid by us to the travel providers may vary from the tax recovery charge amounts, depending upon the rates, taxability, etc. in effect at the time of your actual use of the hotel or resort.

4.2. Merchandise

The following additional merchandise terms and conditions apply to purchases of merchandise through the Travel Shop. In the event of any conflicts between this section and any other section of the Terms, this Merchandise section takes precedence and governs the purchase of merchandise Products by you.

EXCEPT AS REQUIRED BY LAW, PRODUCTS ARE PROVIDED ‘AS IS’ WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE

Sales Tax. We are required by law to collect and remit applicable sales tax to each state for all purchases, including shipping and handling charges. When applicable, sales tax will be automatically calculated during the online checkout process. 

Shipping and Handling (S/H). Merchandise Products may only be shipped to a valid United States address in the contiguous 48 States. Shipping and handling charges are automatically calculated on a per-item basis and after purchaser provides the “Ship To Address” information. We cannot ship to a PO box or APO address. We reserve the right to restrict delivery to certain remote locations. Products ordered together may not necessarily ship together. Please allow processing time for all orders. Items are shipped via standard ground service. Some items may take longer for delivery such as furniture and large appliances. 

Prices and Expiration. Except where otherwise noted, the displayed list price on the Travel Shop may represent (i) the full retail price suggested by the manufacturer and/or supplier, (ii) the estimated price in accordance with standard industry practice, or (iii) the estimated retail value for a comparably featured item offered elsewhere. The list price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the list price may represent an “open-stock” price, which is the aggregate of the manufacturers estimated or suggested retail price for each of the items included in the set. All prices are subject to change without notice, and we disclaim any such liability or responsibility for rapidly changing prices. In the event of an erroneously published price, we reserve the right to cancel the order.

Products. All items are manufactured by independent suppliers. We and our subsidiaries, Affiliates and agents make no guarantees, warranties or representations of any kind, express or implied, with respect to suppliers’ items, and are not liable for any loss, expense, accident, or inconvenience that may arise in connection with the use of supplier items, or as a result of any defect in or failure of supplier items. Manufacturers’ unforeseen Product shortages or technical advances may necessitate the shipment of updated, or a different manufacturer’s updated or similar Product, each of which will be of equal or greater value than the Product ordered, at no additional cost. Model numbers are included on the Product detail page and pertain to the item shown, not the substituted Product. Model numbers may be unique to the Travel Shop and may not match the manufacturer's retail model numbers. We attempt to be as accurate as possible in the description, images and model numbers of the Products; however, we do not guarantee that Product descriptions or other content on the Travel Shop is accurate, complete, reliable, current, or error-free. If a Product received is not as described, your sole remedy is to return it in unused condition. 

Cancellations. Due to our automated order processing system, we cannot cancel an order once it is placed and confirmed. 

Returns. If you are dissatisfied with a merchandise purchase, you must return the item in the original unopened package, in re-sellable condition, within ten days of receipt of the order. We can offer an exchange of the item, a credit to your account or issue a credit to the original form of payment used for the merchandise purchase. Some items may not be eligible for return. A re-stocking fee may apply, and shipping charges are non-refundable. Merchandise purchased as a set may not be returned individually. To help us maintain quality standards and understand the reason for the return, we require that you call our customer service to obtain a Return Authorization (“RA”) number. All returns should be shipped via the method received, using the RA label provided. We will promptly process the return upon receipt. If you have misplaced the packing slip, please include a note inside the package with the following information: name; address; order number; and items ordered. Please allow a reasonable processing time to process the return and issue a credit. In the rare event the ordered merchandise arrives damaged, please note the damage on all copies of the delivery receipt before signing. Retain a copy of the receipt and call our customer service immediately. All damages must be reported within 24 hours of receipt.

4.3. Rental Cars

The following additional rental car terms and conditions apply to rental car reservations through the Travel Shop. In the event of any conflicts between this section and any other section of the Terms, this Rental Cars section takes precedence and governs the rental car reservations by you through the Travel Shop. 

In general, you must be 30 years old or older to make a car rental booking. For an additional fee, some car rental providers may allow bookings by those under 30 years of age. Additionally, some car rental providers may apply a surcharge or require additional insurance for senior drivers over a particular age. When applicable, these senior driver surcharges and/or extra insurances are obligatory and generally payable at the time of pick up in the local currency. Please see the car rental provider’s Provider Terms for its minimum and maximum ages to rent a car and ages to which an additional fee or insurance requirement may apply. The vehicle types and prices on the Travel Shop are subject to availability and subject to change at any time without notice. The vehicle models pictured on the Travel Shop represent the type of vehicle that will be provided but may not be the exact make or model that will be provided at the time that the rental car is picked up. We attempt to be as accurate as possible in the description of the rental cars; however, we do not guarantee that Product descriptions or other content on the Travel Shop is accurate, complete, reliable, current, or error-free. We strongly recommend that you verify the accuracy of all of the information in the confirmation of the reservation as soon as you receive it and inform us immediately in the case of any mistake and/or discrepancy.

We offer car rental booking services through the Travel Shop. We are not, nor does we own or operate, a car rental company. We act as an agent only by submitting customers’ requests and reservations to car rental providers through the Travel Shop. Car rentals booked through the Travel Shop may not be eligible to earn rewards under the car rental providers’ loyalty rewards programs. All rental car bookings are subject to the car rental providers’ rental agreements. At the time of pick-up of the vehicle you will be presented with a car rental agreement by the relevant car rental provider. We strongly recommend that you read the terms of the car rental agreement carefully prior to signing and verify your rental inclusions and exclusions. The car rental provider may also charge additional local fees in local currency at the time of pick up, and other fees for car rental services performed outside of its hours of operation. Please also refer to your car rental agreement with the car rental provider and its Provider Terms for any additional details regarding a security deposit or any additional charges that may apply, such as drop-off charges. 

Unless indicated otherwise, the prices do not include the cost for fuel or charging of electric vehicles and the vehicle must be returned fully fueled and/or charged and to the original location. When picking up the rental car, you must provide a valid credit card in main driver's name and the car rental provider may require you to authorize a deposit for the car rental. The car rental provider may not accept a debit card for such deposit. Additionally, you will be required to provide a valid driver’s license. Additional identification, such as a passport or proof of name and address or credit card may be required. Please check with the car rental provider in the location of the car rental pickup to verify all documentation that will be required at the time of pick up. Certain restrictions on travel may apply, such as restrictions on driving outside of the rental country or taking the rental car on ferries.

Cancellation requests for a car rental booking may be required to be submitted up to 48 hours or longer prior to the scheduled pick-up date. Please carefully review the Provider Terms for the cancellation deadlines and policies. Any rental car cancellation made after the rental provider’s cancellation deadline may result in you being charged an administrative fee equal to the full cost of the rental car booking. See the Provider Terms for more details. Failure to pick up the rental car at the scheduled day and time, or failure to provide a valid credit card or sufficient documentation (e.g. failure to provide a valid driver’s license, a valid credit card or a valid identity card/passport) at time of pick up will be treated as a “No Show” and result in an administrative fee equal to the full cost of the car rental booking. No refund will be provided for unused days of a car rental booking, for example if the car rental provider allows you to pick up the vehicle late or if you return the vehicle early. The car rental provider’s Provider Terms may also contain additional terms and conditions regarding cancellations and No Shows.

4.4. Flights

The following additional flight terms and conditions apply to flight bookings through the Travel Shop. In the event of any conflicts between this section and any other section of the Terms, this Flights section takes precedence and governs the flight bookings by you through the Travel Shop.

All flights booked through the Travel Shop are provided by third-party travel providers. Flights booked through the Travel Shop are subject to the travel provider’s Provider Terms and the applicable airline’s conditions of carriage. Please review all of the applicable terms carefully. 

We do not currently allow flight bookings through the Travel Shop for unaccompanied minors (meaning a person under 18 years old). Anyone under 18 years old must be accompanied by you or another adult for flight bookings made through the Travel Shop. Please note that you must follow the relevant airline rules on the carriage of children. Children older than two years old on the return date must have a return ticket at a child fare for both the outbound and inbound flights. You will not be eligible for a refund of any seat charges incurred during travel if you do not comply with this requirement. Children under two years old will not be allocated their own seat unless a child fare is booked for them. Other age or booking restrictions may apply. Please carefully review the applicable Provider Terms and airline’s conditions of carriage.  

The prices displayed for flights are subject to availability and may change at any time without notice. The flight prices are not guaranteed until the booking is ticketed by the airline and you have received the ticketing confirmation email. Some flights booked with an airline may be operated by a different airline. If different, details of the airline operating the flight will appear on the Travel Shop in the booking process and in your ticketing confirmation email. Please be aware that this can affect which airline you will need to contact to check in, to select a seat and to make other requests.  

If you purchase two one-way tickets through the Travel Shop rather than one roundtrip ticket, each ticket is a separate booking and subject to its own terms and rules. If one flight is affected by a change from the airline, then you may have to make changes to the other flight and you will be responsible for any charges or fees incurred for making the change to the other flight. If you book a roundtrip flight and do not use the outward flight, then the airline may cancel the return flight without a refund or you may lose the ability to make changes.

When booking a flight through the Travel Shop, the payment for the flight and all associated fees is collected by the travel provider or the airline, not us. Airline miles and other airline loyalty rewards may not be used to book flights on the Travel Shop. Some airlines charge additional fees for luggage, seat selection and other options. The opportunity to choose your seat may vary depending on the airline and fare selected. If available, seat selection is not guaranteed and is at the sole discretion of the airline.

All flight passengers must have all necessary identification and/or flight documents (including, but not limited to, a valid passport, visa, if applicable, government-issued identification and all other necessary travel documents, which include any health certifications/proofs of vaccination that are required by the flight provider and/or applicable governments) required for the flight. You are solely responsible for all necessary travel documentation for you and any travel companions. As set forth in more detail in the airline’s carriage conditions, the airline reserves the right to refuse any passenger, at any time if, in the sole opinion of the airline, a guest is unfit for any reason for the flight. We recommend checking with the embassy or consulate of your destination country for a complete list of requirements.

We are not responsible for any cancellations, delays, diversions or substitutions or any acts or omissions whatsoever by airlines or any other persons providing any flight-related services. You are responsible for any cancellation fees imposed by the airline. You and any guests are also responsible for obtaining travel insurance (and all other forms of insurance) at your option.

Before you cancel, please be sure to carefully review the Provider Terms and the applicable airline’s rules for additional cancellation restrictions and the applicable fees. Generally, if you cancel the booking more than 24 hours after it was made and/or within seven days before the flight departs a cancellation fee will apply. No refund will be issued for the cancellation of non-refundable fares. The travel provider and/or airlines may apply additional fees for any change requests, including cancellations, after the original booking has been ticketed.

We reserve the right to cancel any flight bookings that do not comply with these Terms or the applicable Provider Terms. For any changes, cancellations and all booking questions please refer to the contact information provided to you in the ticketing confirmation email. Please also be aware that all chargebacks and requests for exchanges, refunds and afterhours support will incur additional charges that will be collected by the travel provider. Air travel services are subject to the U.S. Department of Transportation’s consumer protection rules.

4.5. Experiences

The Travel Shop provides you with access to third-party experiences providers. Additional terms and conditions by third-party experiences providers will apply to your purchase of experiences that you select from the Travel Shop or from the third-party experiences provider’s website. We act as an agent on behalf of the third-party experiences provider. An experiences listing represents an invitation for you to make an offer, and we are free to accept or reject such offer on behalf of the third-party provider. If you have a question about an experiences listing that is not answered on the Travel Shop, it is your responsibility to contact us prior to your purchase to obtain an answer to your question. 

All experiences available for purchase on the Travel Shop are subject to availability and subject to change at any time without notice. Unless indicated otherwise in the cancellation policy as stated in the experiences listing on the Travel Shop, all purchases are final and may not be changed, cancelled or exchanged. Neither us nor the third-party experiences provider are liable for any lost, damaged, destroyed, or stolen tickets. Each purchase is subject to the cancellation policy as stated in the experiences listing. If a cancellation deadline is indicated for the experience you purchase, then a cancellation request for that experience must be received by us prior to that cancellation deadline. Any cancellation requests received after a cancellation deadline will be non-refundable and all money paid for the experience will be forfeited. 

Your interactions with third-party experiences providers are at your own risk. We have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any third-party provider or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with any third-party provider.

We attempt to be as accurate as possible in the description of the experiences; however, we do not guarantee that descriptions or other content on the Travel Shop is accurate, complete, reliable, current, or error-free.

The price of each experience will be quoted on a per-person basis, unless otherwise specified. Prices do not include tips/gratuities, any items of a personal nature, or any beverages or food not specifically stated as included by the third-party provider.

The value of your purchase may be subject to taxes, duties, foreign transaction, currency exchange or other fees. Your bank or payment card company may convert the payment into the local currency and may charge fees, resulting in differences between the amount displayed through the Travel Shop, and the final amount charged to you. We recommend that you contact your bank or card company if you have any questions concerning any applicable currency conversion or fees.

4.6. Seller of Travel

ONE is registered with the State of Florida as a Seller of Travel. Registration No. #ST43055. ONE is also a registered seller of travel in the following states: Washington UBI #604-664-678, Hawaii #TAR-7441 and California #CST 2147520-50. Registration as Seller of Travel does not constitute approval by the State of California. ONE is not a participant in the California Travel Restitution Fund. California requires certain sellers of travel to have a trust account or bond. ONE maintains a Consumer Protection Bond issued by Philadelphia Indemnity Insurance Company in the amount of $100,000.     

4.7 Tickets

Through the AIR Shop Services, we enable you to buy tickets and other items related to live events (each such ticket and/or other related item, a “Ticket”). As a ticket resale marketplace, we act as an intermediary between ticket buyers and ticket resellers. The buyer of a Ticket is sometimes referred to in these Terms as a “Buyer.” The reseller of a Ticket is sometimes referred to in these Terms as a “Seller.” For clarity, prices for Tickets listed through the AIR Shop Services may be at, above or below face value; and unless otherwise specified, the Sellers have not provided face value per Ticket. All prices for Tickets are in United States Dollars.

Our display of Tickets through the AIR Shop Services does not in any way imply, suggest or constitute an endorsement by us of those Tickets or the events they relate to, or any sponsorship of us by the promoters of those events, or any other affiliation between those event promoters and us.

You are solely responsible for completing all transactions in connection with your purchase of Tickets, including the payment of the purchase price and all applicable fees. By committing to purchase a Ticket, you are entering into a binding contract with the Seller to purchase the applicable Ticket. You cannot change or cancel Ticket orders after the sale is complete. If, for any reason, your payment provider does not pay the amount billed for Tickets, you agree that we may, at our option, suspend, cancel, or terminate Tickets purchased.

ALL SALES ARE FINAL. Except in the case of event cancellations, you will have no right to any refunds, exchanges, credits, cancellations or returns. If you purchase Tickets for an event that is cancelled, then you will be entitled to a refund (less any delivery charges if the Tickets have already been delivered). If you purchase Tickets for an event that is postponed or rescheduled (i.e., if the Tickets remain valid for entry), you will not be entitled to a refund.

All transactions relating to your purchase of Tickets through the AIR Shop Services are subject to the following:

1. Complete and Accurate Information. You agree to supply all applicable information necessary to complete your order and arrange for delivery of Tickets, including, but not limited to, email address and physical address (if applicable). You will be responsible for any errors made when providing such information, and understand that such errors may result in (A) delays in processing the order or delivering the Tickets or (B) cancellation of order. In certain cases, tickets may be delivered to you close to the event date. The timing of delivery of Tickets will not create a right of refund or credit to you under any circumstances.

2. Special Conditions. The listings for certain Tickets may include notes to disclose special conditions associated with those Tickets to anyone browsing those listings prior to purchase. These notes may indicate specific conditions relating to seat location such as obstructed view, partial view, limited view, side view, behind the orchestra, mezzanine, behind the stage, etc. These notes may also include age restrictions. When disclosed in the notes, these conditions shall be deemed to be known by the you prior to purchase, and are not grounds for any refund or exchange.

3. Ticket Limits. You may be subject to any applicable limits on the number of Tickets that a single customer may purchase. You will be advised of any such limits during the purchase process, or by a system limitation on the number of Tickets you may purchase. Each Master Account must be linked to a unique individual, and must contain valid and verifiable information. Multiple Master Accounts may not be used to circumvent or exceed published ticket limits. If you exceed or attempt to exceed the posted ticket limits for a particular event, we may cancel, without notice, any or all Ticket purchase transactions made by you for such event in addition to prohibiting your Ticket purchasing abilities for the event.

4. Prohibition on Use of Ticket Bot Technology. You may not attempt to conceal your identity by using multiple internet protocol addresses or email addresses, or by any other means, to conduct Ticket transactions through the AIR Shop Services. You may not use ticket bot technology to search for, reserve, or purchase Tickets through the AIR Shop Services. For the avoidance of doubt, this specifically prohibits you from using automated ticket purchasing software through the AIR Shop Services, and prohibits you from circumventing any security measure, access control system, or other technological control or measure that is used to enforce posted event Ticket purchasing limits or to maintain the integrity of Ticket purchasing order rules.

5. Original Ticket Price. We may provide the original ticket price for a Ticket being sold through the AIR Shop Services prior to purchase, in accordance with applicable law. You acknowledge and understand that: (A) we can only provide the original price if we have access to the information; and (B) in the event we receive this information from a third party, we do not independently verify the truthfulness or accuracy of such information.

6. Order Confirmation by Seller. All orders for Tickets placed through the AIR Shop Services are subject to confirmation by the Seller.

7. Comparable or Better Tickets. If you order Tickets for seat locations that are no longer available at the price or in the quantity specified at the time the order is received, the Seller may fill the order with comparable or better seat locations, if available at the same price. If no “comparable or better” seat locations are available at the same price, then either: (A) you will not be charged in the first instance; or (B) the entire transaction amount will be refunded to you; and in either case, you will be notified that the purchase request has been rejected.

8. Ticket Availability / Speculative Selling. We do not guarantee that every Ticket listed through the AIR Shop Services is available for purchase and delivery. Without limiting the foregoing, some Sellers may offer Tickets for sale, even though they may not own them or have them in their possession at the time the Tickets are listed for sale or sold through the AIR Shop Services. If you purchase Tickets and the Seller is unable to deliver those Tickets to you in advance of the applicable event, then Seller will either provide you with comparable or better Tickets or issue a full refund to you.

9. Transferability of Tickets. Tickets may (or may not) be transferable. In certain cases, the transferability of Tickets may be indicated in the ticket listing through the AIR Shop Services and/or on the Tickets themselves and/or on the confirmation page or email issued upon completion of your purchase.

10. Event Listing Information. We do not guarantee the accuracy of event-related information on the AIR Shop Services, including, without limitation, information with respect to event name, event location or venue, event start time, or event date. Event start times are subject to change without notice. Changes relating to an event (including, without limitation, location or venue, start time, date, performer list, performance type, length of event, and amenities included in a ticket package) may be made at the discretion of the parties responsible for the event. You understand that all such parties are unaffiliated with us and that we have no control over, and shall have no liability for, any such event-related changes. For clarity, you shall not be entitled to any refunds, exchanges, credits, cancellations or returns in connection with any such event-related changes.

11. Compliance with Venue Rules and Policies. You agree to abide by all rules and policies of the venue where the event is located relating to conduct and behavior. If you or your invitees are ejected from the event or denied entry for failure to abide by the venue's rules and policies, you shall be subject to all applicable fines and legal or other expenses associated with the ejection. In addition, you shall not be entitled to any refunds, exchanges, credits, cancellations or returns in such circumstance. Further, you will indemnify and hold harmless us and the Seller for any and all losses, costs, liabilities, expenses and damages (including reasonable attorneys’ fees and disbursements) arising out of such ejection, denial of entry, and/or failure to follow venue rules.

When purchasing Tickets through the AIR Shop Services, you will be responsible for the purchase price, as well as any applicable service fees, delivery charges, credit card surcharges and taxes. The purchase price of each Ticket shall be the price of such Ticket as listed on the AIR Shop Services. We and/or Seller may charge a service fee and/or delivery charge in respect of each order, to cover their costs and labor associated with ticket operations, fulfillment and delivery, and customer service, subject always to applicable laws. We will disclose the total price, inclusive of mandatory fees and taxes, before you complete your purchase. Where required by law, we will display the original ticket price. We reserve the right to cancel orders arising from material pricing or listing errors. We are not responsible for any additional fees imposed by credit card companies, banks, or other third-party payment processors. 

If required pursuant to applicable law, you will also be required to pay any sales and/or use excise taxes due in connection with the sale of Tickets through the AIR Shop Services.

Payments received from you for Tickets purchased via the AIR Shop Services are processed by us on behalf of the Seller and credited to the Seller in accordance with the Seller’s policies, as applicable. Seller appoints us as its limited payment collection agent solely for the purpose of accepting funds from you on behalf of Seller. Seller agrees that any payment made by you to us shall be considered the same as a payment made directly to Seller, and Seller will make the Tickets available to you in the agreed-upon manner as if Seller had received the payment directly from you. Seller understands that our obligation to pay Seller is subject to and conditional upon successful receipt of the associated payments from you. We guarantee payments to Seller only for such amounts that have been successfully received by us from you. In accepting appointment as the limited payment collection agent of seller, we assume no liability for any acts or omissions of the Seller. Your obligation to pay for a Ticket is satisfied when we have received the payment in full.

Tickets will be delivered to you in the format designated by the Seller (e.g., digital formats [such as static barcode, rotating barcode, QR code or PDF], physical/hard stock, etc.). For Tickets in a digital format (such as static barcode, rotating barcode, QR code or PDF), Tickets will be delivered to you in the customary digital delivery method used for that digital format (e.g., email, in-app transfer, etc.) “Digital Tickets). You understand and acknowledge that certain Digital Tickets may require you to download and install a third party mobile app (e.g., Ticketmaster mobile app, MLB Ballpark app) in order to receive and access those Tickets. Digital Tickets may use rotating barcodes that activate shortly before the event. You are responsible for installing required third-party apps, device battery/connectivity, and any venue ID/name requirements. For Tickets in physical (hard stock) format, Tickets will be delivered to you via the delivery method selected by you for the applicable order. Some Tickets may only be available for local pickup or will call. Tickets are generally shipped promptly following the date of purchase; however, the shipment date for some Tickets may occur later (e.g., when Tickets have not yet been made available to the Seller).

5. Use or Redemption of Points

5.1. Certain Products may be purchased by buying or bidding with Points, as disclosed on the applicable listing for the Product or in the Travel Shop marketplace. We reserve the right to establish eligibility criteria for the redemption of Points through AIR Shop to purchase Products in our sole discretion without notice. Purchased Products may be fulfilled or distributed by us, and/or third-party providers of ours, as disclosed on the applicable listing for the Product on AIR Shop. We, our Affiliates, and our/their subsidiaries, affiliates and agents are not responsible for any Products for which we or any of our Affiliates are not the merchant, as disclosed on the applicable listing for the Product on AIR Shop. We reserve the right to correct any typographical errors, including but not limited to with respect to any price or minimum bid, and to make changes, corrections or improvements to any description on AIR Shop at any time without notice. Earned Points will not be added to your AIR Account for purchases that are returned or canceled, or for any amounts paid toward taxes, fees, or shipping charges or when redeeming. If any Points are applied to your AIR Account for a purchase that is subsequently returned or canceled, then those Points will be removed from your AIR Account upon the return or cancellation of the item.

5.2 Instant Redemption or Buy Now. Through this redemption type, you have the possibility to instantly purchase certain Products through AIR Shop in exchange for Points. For each applicable transaction, the use of at least one Point is mandatory. Offer and pricing are subject to change or cancellation without notice. Other restrictions may apply. We reserve the right to reverse a purchase without notice and to credit the Points used for such purchase back to your Wallet. Products offered for instant redemption are limited in quantity, and orders are subject to availability. You will be notified if the Product you have ordered is not available. You may be offered the opportunity to waitlist for instant redemption Products. Users on the waitlist will be ranked in order based upon the time of such user’s waitlist request. Such times will be determined solely by us. Should availability arise, waitlist users will be contacted in order via email requiring the user to confirm interest in purchasing the applicable Product and to complete such purchase within a limited amount of time. If such purchase is not completed within the required time, the user will forfeit the opportunity to purchase such Product, and it will be offered to the next user on the waitlist. Waitlisted users are not guaranteed the ability to purchase any Product.

5.3. Auctions or Bid Now. Through this redemption type, you have the possibility to redeem Points by bidding on certain Products which are listed for auction. Decisions as to what constitutes a qualifying bid or a winning bid, as well as exceptions, will be made at the sole discretion of us, the third-party provider, or our/their service providers. Although these rules refer to the term "Auction", it is important to note that neither we, nor any third-party provider, is an "Auctioneer" in the traditional sense. Instead, AIR Shop allows you to bid for and purchase Products through AIR Shop using Points bids in an auction-style format commonly referred to as "Auction". For specific bidding rules, and purchase information, see further below.

5.4. Availability after Redemption. Availability of Products made available for purchase through AIR Shop are subject to change, and if any Product becomes unavailable for any reason after purchase, we reserve the right, at our discretion, to substitute a substantially similar item or refund Points paid by the purchaser. If the performance of any service or obligation of us or any third-party provider, including with respect to any live experience, is prevented, delayed, restricted or interfered with by events or causes beyond our/their control, we and the applicable third-party provider shall be excused from the performance to the extent of the prevention, delay, restriction, or interference. You agree that if any of these prevent you from participating in a live experience, we and the applicable third-party provider are not obligated to provide or recreate such live experience. We or the third-party provider reserve the right, at our discretion, to substitute a substantially similar item or service or to refund Points paid by the purchaser, which may be subject to an administrative fee if the cancellation is made by the purchaser.

5.5. Sale of Products. Products sold through AIR Shop may not be re-sold or bartered, and such sale or barter is expressly prohibited. Notwithstanding the foregoing, Products may be shared by the user as described on the listing (for example, a listing for a Product for two people may be shared by the user with a guest), Products may be purchased by users and gifted to family members, and Products may be transferred or donated with our prior consent and, in some cases, the third-party provider (e.g., transfer to a family member at no cost or donation to a charity), in all cases subject to the recipient’s eligibility to receive/use the Product, and subject to our or the third party provider’s confirmation that the transfer or donation is not fraudulent.

6. Payment

6.1. Payment with Points. You may purchase certain Products for such number of Points as indicated on the applicable listing for such Product on the AIR Shop, provided you have sufficient Points available in your Wallet at the time of purchase. Points that you may have accrued but that are not yet credited to your AIR Account at the time you place the purchase order are not available for use on AIR Shop. Points will be debited from your AIR Account at the completion of the auction if you are the winner. In the case of an instant redemption offer, Points will be debited immediately upon purchase. In the event you have insufficient Points in your Wallet at the time an auction closes, we reserve the right to award the Product to the next highest bidder.

6.2. Service Return/Refund Policy. All Products that include service components (“Service Products”) are non-refundable unless otherwise noted. If you are scheduled to attend an event or receive a service and do not attend, you will forfeit your Points and will not have them refunded. If you purchase a Service Product that includes a service or event ticket for a particular date and you are unable to attend, you may send someone in your place, subject to these Terms and provided that they meet all eligibility requirements. For events or services which may be rescheduled, you may be given a period of time to reschedule at our or the third-party provider’s discretion. If you do not reschedule within such time period, your Points will be forfeited.

6.3. Conversion into Cash. The conversion of Points into a cash amount and the payment of such cash amount to you or any similar transactions are not possible. Points have no cash value, are not legal tender, and cannot be exchanged for money or consideration except as expressly permitted on AIR Shop. All refunds, if available, will be made in the form of Points credited back to your Wallet.

6.4. Reclaim of Points. In the event that Points have not been properly debited from your Wallet at the time of redemption, Points can be debited by us at any time.

7. Auctions

7.1. Minimum Bid. For each specific auction Product you wish to bid for, you must place the required minimum bid in Points.

7.2. For auctions where you can place a maximum bid, the system will place bidding iteration on your behalf until your maximum bid is reached. If you have placed a maximum bid (higher than the required minimum bid), the system will automatically increase the bid on your behalf, using only as much of your maximum bid as is required to keep you in the winning lot. The maximum bid is the highest price in Points you are willing to pay for the Product. If at the conclusion of the auction not all of your maximum bid was necessary to win the auction, the difference in Points between your winning bid and your maximum bid will be credited to your Wallet.

7.3. Bidding Details. Multiple quantities of the same Product may be available in the same auction listing. For instance, there may be several packages of the same travel experience that are auctioned off simultaneously. We and the third-party provider reserve the right to limit the maximum number of Products that you may purchase.

7.4. Bid Reserve. Some listings may have a reserve price that must be met before it is eligible for sale that may not be made public. If the reserve price is not met by the end of the auction and you are the highest bidder, you will be notified that the reserve price was not met, the Product will not be sold to you, and your Points will be refunded to your Wallet if necessary.

7.5. Bidding Completion. A bid is considered "completed" once you see the respective confirmation page. In case the registration for a specific bid is interrupted and the respective confirmation page is not displayed, you must resubmit your bid after checking to confirm your bid did not go through. In case a bid is registered after the bidding period has elapsed, such bid is not eligible. Variations in your computer and network processing speeds may (i) result in you not being able to view the latest bids and/ or (ii) cause your bids made within 30 seconds of the auction closing not to register with our system prior to the bid closing time and as such will not be considered a bid. Once a bid is completed, you cannot retract or withdraw the bid nor can the bid be decreased. Any bids placed in the last minute before an auction ends will extend the auction by an additional one minute.

7.6. Winning Bid. Should your bid be determined the winning bid, this will constitute a legally binding contract between you, us and the third-party provider, and you will receive an email notification from us or the third-party provider with confirmation of purchase. Your Points will be debited automatically from your Wallet and you will need to provide your shipping details (if necessary) for processing on AIR Shop. The winner explicitly agrees that the number of Points invested in the respective auction can be displayed on AIR Shop for a certain period following the auction. If you are notified in error that your bid is a winning bid, no contract will have been formed with respect to the auction, we will credit back to your Wallet any Points debited in connection with the auction, and we will subsequently determine the winning bid in our discretion.

7.7. Ties. In the event of a tie between two or more bids by different users at the close of an auction, the earliest bid will be determined to be the winner (based on the timestamp of the respective bids). During the auction, the user who placed the losing bid will be notified that their Points amount has been out-bid and has an opportunity to increase the maximum.

7.8. Ineligible Winner. Should it be determined that the winner was not eligible to participate, had insufficient Points in their Wallet at the time the auction closed or was expelled from participating in the auction for any reason in our sole discretion, the next highest bidder will be deemed to be the winner. In the event that the winner is not eligible to participate in the auction, the second highest bidder will be declared the winner and the Points that bidder bid will be automatically deducted from their Wallet and so forth until an eligible winner is found.

7.9. Legal Compliance. By participating in an auction via AIR Shop, you confirm that you are not breaching any laws in your country of residence regarding the legality of participating. We and the third-party provider will not be held responsible if you enter into an auction unlawfully. If in any doubt you should check with the relevant authorities in your country of residence.

8. Privacy Matters

8.1. Access and use of the AIR Shop Services is subject to the AIR Shop Privacy Notice, and such policy is incorporated herein by this reference. You consent to the use of your personal information by us and/or our employees, contractors, affiliates, third-party providers and distributors in accordance with the terms of and for the purposes set forth in the Privacy Notice. You also fully understand and unambiguously consent to the collection and processing of such information in the United States. As explained in the Privacy Notice, you may opt out of the collection and processing of your personal information. Non-personal information you send or communicate to us, such as questions, comments or inquiries, will not be considered personal information and therefore will not be subject to the Privacy Notice. We may share necessary transactional data with third-party providers for the purpose of fulfilling your order, subject to data minimization and contractual safeguards. To opt out of the collection and processing of your information by us please visit the Privacy Notice.

8.2 Publicity License Grant. By attending a public event or using a public service in connection with a purchased Product, you grant to us and the applicable third-party provider the irrevocable and unrestricted right and permission to photograph and videotape you and to use your name, photograph, image, voice, likeness, and any comments in connection with such attendance, in whole or in part, and to use, edit, present, transmit, and display the same, without restriction as to changes or transformations, in connection with its business, in all forms and media now known or hereafter developed, without payment of additional royalties. The foregoing does not apply to non-public services.

9. Limitation of Liability

9.1. Party. When purchasing Products through AIR Shop, you enter into an agreement with us and any applicable third-party provider. You expressly acknowledge and agree that third-party providers are independent and not employees or agents of us or our Affiliates. Neither we, nor our Affiliates or service providers are liable for the acts, errors, omissions, representations, warranties or negligence of third-party providers. Furthermore, as far as permissible by applicable law, we and our Affiliates hereby disclaim any liability, whether based on contract, tort, strict liability or otherwise, including without limitation liability for any direct, punitive, special, consequential, incidental or indirect damages, or attorney’s fees arising in connection with any Product offered for purchase via AIR Shop by any third-party provider, including, without limitation, liability for any act, error, omission, injury, loss, accident, delay or irregularity which may be incurred through the fault, negligence or otherwise, of such third-party provider, and you hereby expressly exonerate us and our affiliates from any liability with respect to the same. To the extent permitted by law, we, our Affiliates and service providers exclude all liability to you and to any other person participating in or using any Product in respect of any negligence, willful misconduct, poor service or other breach of obligation arising out of the provision or failure to provide the services by or on behalf of a third-party provider.

9.2. No Warranty. We, our Affiliates, service providers and third-party providers do not warrant or represent that the content on AIR Shop or any website linked to AIR Shop is complete or up-to-date. We, our Affiliates, service providers and third-party providers are under no obligation to update any content on AIR Shop. We may change the content on or make improvements or changes to AIR Shop at any time without notice. AIR Shop may include inaccuracies or typographical errors, and we, our Affiliates, service providers and third-party providers specifically disclaim any liability for such inaccuracies and errors.

9.3. Limitation of Liability. You agree that we, our Affiliates, service providers and third-party providers, and any of our/their respective officers, directors, employers, or agents will not be liable, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential, incidental or indirect damages (including without limitation lost profits, cost of procuring substitute service, lost opportunity and attorney’s fees) arising out of or in connection with the use of AIR Shop, or with the delay or inability to use AIR Shop even if we are made aware of the possibility of such damages. Neither we nor the applicable third-party provider shall be liable for any failure or delay in performance due to, but not limited to, the transmission of any virus which may infect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems, unauthorized access, theft, operator errors, strikes or other labor disputes, acts of nature, war, any acts of force majeure, including pandemics and natural disasters, or other causes beyond our/their reasonable control. We cannot and do not guarantee continuous, uninterrupted or secure access to AIR Shop. To the extent permitted by law, our total aggregate liability to you for any Claim arising under these Terms shall not exceed the greater of (i) US$100, or (ii) the total amount paid by you to us for the applicable Product giving rise to the Claim.

9.4. Legal Remedies. We reserve the right to seek all remedies available at law and in equity for any misuse of AIR Shop and/or violations of these rules, including the right to block access from a particular internet address and to exclude you from accessing AIR Shop.

10. Indemnification and Waiver of Liability

10.1 Indemnification. You agree to indemnify, defend, and hold harmless the us our subsidiaries and Affiliates, third-party providers and all of our/their respective officers, directors, employees, agents, licensors, suppliers and any third-party information providers against all Claims (including all associated costs, expenses and reasonable attorneys’ fees) from and against any and all third-party Claims, losses, liabilities, damages, fines, penalties, costs and expenses (including attorneys’ fees and court costs) arising out of or related to: (i) your breach of these Terms, (ii) your misuse AIR Shop, and (iii) your violation of applicable laws, rules, regulations, or third party rights.

10.2 Waiver of Liability. You agree that your participation and the participation of others invited by you in any service or event in connection with a purchased Product is entirely at your own will. You and any participant invited by you further agree to assume all risks and waive any and all Claim against us and third-party providers for any direct, punitive, special, consequential, incidental or indirect damages or attorney’s fees suffered by you in connection with your participation in any service or event, including without limitation liability for any act, error, omission, injury, loss, accident, delay or irregularity which may be incurred through the fault, negligence or otherwise, and you hereby expressly exonerate us, our Affiliates and third-party providers from any liability with respect to the same. To the extent permitted by law, we, our Affiliates and third-party providers exclude all liability to you or other person of whatsoever nature in respect of any negligence, willful misconduct, poor service or other breach of obligation arising out of the provision or failure to provide any services.

11. Copyrights and Trademarks

The trademarks, logos and service marks ("Marks") displayed on AIR Shop are the property of us, our Affiliates, or third-party providers as the case may be. You are prohibited from using any Marks for any purpose including, but not limited to, the use as meta-tags on other pages or sites on the World Wide Web without our written permission, or such other party which may own the Marks. All information and content including any software programs available on or through the site ("Content") is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating works or using any Content available on or through AIR Shop for commercial or public purposes.

Digital Millennium Copyright Act. If you are aware of or believe there is any infringing content or other material on AIR Shop or any of the AIR Shop Services, please notify us. We respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity.

12. Confidentiality of Personal Information

Access to and use of password protected and/or secure areas of AIR Shop is restricted to authorized persons only. Unauthorized individuals attempting to access these areas of AIR Shop may be subject to prosecution. You are responsible for maintaining the confidentiality of your personal information, including your Account Credentials, and for restricting access to your computer to prevent unauthorized access to AIR Shop. You agree to accept responsibility for all redemption and other activities that occur under your AIR Account. You should take all necessary steps to ensure that your Account Credentials are kept confidential and secure and should inform us immediately if you have any reason to believe that your Account Credentials have become known to anyone else, or if they are being, or are likely to be, used in an unauthorized manner.

13. Refunds and AIR SP Return Policy

13.1. Pending AIR SP.

(a) When you pay for a Product using cryptocurrency, the corresponding AIR SP earned from that transaction will be credited to your Wallet immediately.

(b) When you pay for a Product using a credit card, the AIR SP earned will appear in your Wallet as “Pending AIR SP.” Pending AIR SP will automatically convert to usable AIR SP thirty (30) calendar days after the purchase date, or on the actual travel/service date for travel-related Products once that functionality is launched, provided the purchase has not been cancelled or refunded.

13.2. Refund Eligibility.

(a) Refunds are available only for Products that clearly state a refundable status at the time of purchase or as otherwise required by applicable law.

(b) To process any refund request, we may require you to complete KYC verification in accordance with our AML/KYC Policy.

13.3. Cryptocurrency Refunds. PLEASE NOTE: ALL PRODUCT PURCHASES MADE WITH A CRYPTOCURRENCY ARE FINAL AND NON-REFUNDABLE. In the event your travel-related Product that was purchased using cryptocurrency is canceled by the third-party provider and not rescheduled, you must email support@air.shop and provide information necessary for the us to review. Upon review of the relevant circumstances necessitating the permitted refund (i.e. cancellation without rescheduling), we will determine whether a refund shall be granted. If we determine, in our sole discretion, that a refund will be granted, we will refund the purchaser only in USDC and at the equivalent U.S. dollar value of the purchase price at the time of purchase, regardless of the type of cryptocurrency that was used for the purchase. For example, this means that if the value of the purchase to be refunded was equal to US$10 at the time of the purchase, then the refund will be in the amount of USDC that is equal to US$10 at the time of the refund

13.4. Return of AIR SP.

(a) Any return is conditioned on the transfer back to us of the proportionate (value of return relative to purchase) quantity of AIR SP earned by you from the original purchase, including any Pending AIR SP that has since converted. 

(b) If AIR Shop does not support transfer of AIR SP at the time of refund, then the condition provided in Section 13.4(a) shall not apply, in which case we will automatically (i) process your refund in-full and (ii) deduct from your Wallet the full amount of AIR SP earned from the original purchase, including any Pending AIR SP that has since converted. 

13.5. Additional Terms. All other provisions of these Terms, including limitations of liability, remain in full force and effect and apply to any refund processed under this Section 13.

14. Miscellaneous

14.1. Removal. If you do not agree to accept and comply with any provision of these Terms, or any amendment made by us to these Terms, you must immediately stop using any AIR Shop Services.

14.2. Dispute Resolution by Binding Arbitration. Many user concerns can be resolved quickly and to the user's satisfaction by contacting us at the email address below. If, however, there is an issue that needs to be resolved, this Section describes how both of us will proceed.

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH THE COMPANY AND ITS RELATED COMPANIES AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.

Any Claim or dispute between you and us or our Affiliates arising out of or relating in any way to AIR Shop, AIR Shop Services, these Terms, marketing by us or Content, including Claims that arise after the termination of these Terms, shall be resolved through final, binding arbitration.

The obligation to arbitrate applies regardless of whether the Claim or dispute involves a tort, fraud, breach of contract, misrepresentation, product liability, negligence, violation of a statute, or any other legal or equitable theory. We each agree that each of us may bring Claims against the other only in an individual capacity and not in a class action or representative proceeding, REGARDLESS OF WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT. All arbitrations shall be conducted on an individual (and not a class-wide) basis and an arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that these Terms specifically prohibits you from commencing arbitration proceedings as a representative of others or joining in any arbitration proceedings brought by any other person.

A party who intends to proceed with a Claim or dispute must first send to the other a written notice of dispute (“Notice”) describing the nature and basis of the Claim or dispute and setting forth the specific relief sought. All Notices to us shall be sent via registered mail at the address provided at the end of these Terms. We will send notice to you via email to the email address we have on file for you, if any, or otherwise via a reasonable method. Upon receipt of such Notice, the other party shall have a thirty (30) day period in which it may satisfy the Claim against it by fully curing the dispute and/or providing all the relief requested in the Notice. After the expiration of such thirty (30) day cure period, either party may commence an arbitration proceeding if the Claim has not been fully satisfied.

The arbitrator has the authority to grant any remedy that would be available in court, except that the arbitrator may not issue relief on behalf of a class or otherwise issue class-wide or group relief. You acknowledge and agree that each party shall pay the fees and costs of its own counsel, experts, witnesses, and filing fees and the parties shall split the cost of the arbitrator.

If any aspect or portion of this “Dispute Resolution By Binding Arbitration” Section is found to be illegal or unenforceable, that aspect or portion will be severed with the remainder of this Section remaining in full force and effect. If arbitration is deemed inapplicable or unenforceable, any Claim shall be brought exclusively in the state or federal courts located in Maricopa County, Arizona.

YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE YOU FIRST USED THE AIR SHOP BY SENDING A REQUEST THROUGH REGISTERED MAIL TO US. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SEND A SIGNED WRITTEN NOTICE AND THE DATE YOU FIRST USED THE AIR SHOP. UNTIMELY OPT-OUTS WILL NOT BE VALID AND YOU MUST THEN PURSUE YOUR CLAIM THROUGH ARBITRATION PURSUANT TO THESE TERMS.

14.3. Entire Agreement. These Terms as supplemented by the AIR Services Terms constitute the entire agreement of the parties regarding the AIR Shop Services. It supersedes any and all proposals, oral or written, negotiations, conversations, discussions, or agreements between the parties relating to your use of the AIR Shop Services (including, without limitation, any prior versions of these Terms).

14.4. No Waiver. Our failure to enforce any of the provisions of these Terms or to exercise any rights or remedies under these Terms will not be construed as a waiver or relinquishment to any extent of our right to assert or rely upon any such provision, right or remedy in that or any other instance.

14.5. Severability. If any provision of these Terms is held to be invalid, illegal or unenforceable, the Parties agree that such provision shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and that the remaining provisions shall remain in full force and effect.

14.6. Governing Law. These Terms shall be governed by and interpreted in accordance with the laws of the State of Arizona, and the Federal Arbitration Act, 9 U.S.C. § 1 et seq., without regard to its principles regarding conflicts of law. You agree that, as provided in the “Dispute Resolution By Binding Arbitration” Section above, disputes shall be resolved by binding arbitration. You also agree that if you or the Company should nonetheless file a lawsuit against the other or any Related Parties, regardless of the validity of the suit or whether it can be maintained or is prohibited by the “Dispute Resolution By Binding Arbitration” Section above, the sole and exclusive forum, jurisdiction, and venue for such lawsuit shall be in courts of competent jurisdiction located in Arizona and you hereby submit to and irrevocably waive all objections to such jurisdiction, forum, and venue.

14.7. Agreement Binding on Successors. The provisions of these Terms shall be binding upon and shall inure to the benefit of the parties hereto, their heirs, administrators, successors and assigns.

14.8. Survival of Terms. After your subscription to the AIR Shop Services has terminated, any and all terms that by their nature may survive termination of these Terms shall be deemed to survive such termination.

14.9 Electronic Signatures and Communications. You consent to the use of electronic records, signatures, and communications for all matters arising from these Terms.

15. Contacting Us

To contact us with any questions about our Terms of Use or practices, please email us at support@air.shop.