Please read these Terms of Use ("Terms") carefully before using the https://above9.travel website (the "Service", the “Site”) operated by Above9.Travel ("us", "we", or "our"). The terms “Above9”, “Company”, “us”, “we” or “our” refer to a travel agency focusing on the sales of business-class air travel. The term “you” refers to the customer visiting the Website and/or booking a reservation through our travel consultants/agents.

This website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the “Agreement”). By accessing or using this website in any manner, you agree to be bound by this Agreement. To the extent you book any travel products or services on this website or through our call center agents, you agree that this Agreement shall apply to all such transactions. Please read the Agreement carefully. If you do not accept all of these terms and conditions, please do not use this website or make bookings through this website or our call center agents. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this website signifies your acceptance of the updated or modified agreement.

User Representation

By using the website you imply that:

• you are 18 years of age or older,
• you possess the legal authority to enter into a binding contract to purchase travel services,
• all information provided by you on the website is true, accurate and complete,
• your use of this website is limited but not restricted to making or managing travel reservations for yourself or on behalf of someone.

Above9.Travel reserves the right to request documentation for any reservation that requires further validation from the cardholder. Cancellation may happen if the requested documents are not provided.

Booking process

For your convenience, please find below the definitions of terms in these Terms of Use:

• "Service Element" – a product or service listed on the Site that can be booked independently of any other service (e.g., flight).
• "Travel Supplier" – a vendor of one or more Service Elements (e.g., airlines, hotels). Above9.Travel does not act as principal but makes arrangements with all third-party Travel Suppliers for Service Elements.
• "Booking" – a travel contract between you and the Travel Supplier, which you have entered into by purchasing any Service Element through this Site and agreeing to pay in full for the selected Service Element once it is issued or confirmed.

To complete a Booking, the following steps are taken to ensure its validity:

1. When we place Service Elements on our Site, we are inviting you to confirm their purchase. This is done only once you press "Pay now" on the payment page of the Site.
2. Once you have done that, you have given your approval (which cannot be withdrawn if you change your mind) to Above9.Travel to purchase the Service Element(s) that you selected from the relevant Travel Supplier(s) (e.g., your "Booking"). We are free to accept your approval on behalf of the relevant Travel Supplier or to reject it, at our sole discretion.
3. We will then need to check the availability of the relevant Service Element(s). The Above9.Travel email confirmation that you receive after pressing “Pay now”, is NOT the contractual acceptance of the Booking, but merely an acknowledgment that we have received your confirmation to proceed with the purchase of Service Element(s).
4. If the relevant Service Element is available, your Booking will be processed. The contract about the relevant Booking is formed and the payment in full will be charged.
5. The contract between you and the relevant Travel Supplier will relate only to those Service Elements confirmed by email with booking reference numbers.

The terms of your Booking (such as price, availability and/or dates of travel) are not guaranteed until the ticket(s) have been issued and/or the reservation(s) have been made and confirmed by the Travel Supplier. Please note that once you have completed the Booking (submitted the checkout form), you can only cancel or change the details of your Booking at our sole discretion and per these Terms of Use.

We reserve the right to change the Booking process at any time, with changes automatically taking effect from the date such changes are posted on this Site.

Airline rules, itinerary changes and price changes

Airline tickets are subject to the published conditions of carriage and rules of the applicable airline. Airlines might also assess their own taxes and fees on your flights, but if such additional costs would appear, you will be informed about them before you complete a Booking. Please contact us for additional information if you have questions.

The contract of carriage is always concluded between the applicable airline and the passenger at the moment of issuing the tickets and confirming the Booking. Airlines retain the right to adjust flight times and schedules at any time – schedule changes can result in an itinerary that falls outside of contractual agreements, but it is the responsibility of the applicable airline to change the flight for the passenger to meet their travel requirements. Airlines may also, in their discretion, cancel flights. If this happens while you are at the airport, please see the airline ticketing counter or gate representative, as they have the most power to change your itinerary to the next available flight or accommodate you per the airline’s rules. This is the fastest way to get you on the next flight out. If the airline cannot offer an acceptable flight after the originally booked flight is cancelled, a full refund for the cost of the flight ticket will be processed.

Travel insurance is highly recommended. Above9.Travel has partnered with an insurance broker (see here) who can provide insurance packages at competitive prices based on your needs. The insurance covers a lot of problems from illness to issues with travel service providers and will ensure you get what you paid for or can make alternative arrangements.

Purchases

GDS (Global Distribution System) shows real-time availability for seats on any flights up to eleven months in advance from today's date. Above9.Travel won't be able to provide price quotes and flight suggestions for any request beyond this time frame. Please note that all fares have to be paid in full once the tickets are issued and sent to you via email.

If you wish to purchase any product or service made available on our website, you may be asked to supply certain information relevant to your Purchase, including your personal data for issuing of tickets, your credit card number, the expiration date of your credit card, billing address, and more.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or alternative payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

We use third-party service providers to facilitate card payments and to confirm the completion of the Purchase. By submitting your information, you grant us the right to provide the information to these third-party payment processors, in accordance with our Privacy Policy.

We reserve the right to refuse or cancel your Purchase at any time for reasons including, but not limited to, product or service availability, errors in the description or price of the product or service, errors in your order, or other reasons. We also reserve the right to refuse or cancel your order if fraud or an unauthorized/illegal transaction is suspected.

Exchanges, cancellations and refunds

Above9.Travel offers tickets at discounted fares that are obtained from third-party companies and thus contain more restrictions than tickets that are available to the general public and booked directly from the airline. This means that issued tickets are non-refundable, non-reroutable, and non-transferable, meaning that name changes on tickets are also not allowed – only the original passenger can use the ticket(s). Travel date or destination changes might be possible according to airline rules, but exchange penalties and fees as well as fare difference could be applied.

By purchasing the ticket from Above9.Travel and confirming the checkout form, you agree that these terms are reasonable and necessary to maintain the operations of our company.

If you need to cancel your ticket for any reason, please contact your Travel Consultant to review your options, which depend on the cancellation policy of the applicable Travel Supplier. If refunds are possible, they will be subject to the cancellation penalties of the Travel Supplier and an additional $250.00 processing fee per passenger will be charged.

No-Show tickets (meaning, the passenger has not boarded the plane) cannot be refunded, nor can they be exchanged. Unless the reservation is canceled up to 72 hours before the departure and the trip rescheduled prior to the original departure date, the ticket is suspended and refunds are not possible.

Based on the regulations of State Department of the United States, a passenger can request a free refund or exchange the current reservation for a new one free of charge within 24h after the initial booking. This rule only applies to the bookings made in the United States. If you are booking a flight that is not originating from the US or vice versa, please contact your Travel Consultant to find out whether the 24h free cancellation rule applies.

Missed flights

If you miss your flight, go to the airline counter immediately or call your Travel Consultant if you are not near the airport. Missed flights are not refundable, and changes or replacement flights will be at the discretion of the Travel Supplier. In some cases, we may be able to help you, but in most cases, you will not be provided with a replacement flight unless the airline itself allows it.

Baggage allowance

Travelers may have to pay additional fees at the airport if their checked-in items exceed the weight, size or number of baggage items specified in the standard baggage allowance of the airline. Some airlines do not offer any free baggage allowance. Baggage allowance for your specific trip will be explained to you to ensure you are fully aware of all details (weight, size, pieces of baggage) before confirming the Booking. Baggage allowance policies and baggage fees associated with checked-in or carry-on baggage vary widely and are subject to change by the airlines at any time.

Frequent traveler points

Frequent traveler bonus points, mileage accrual, upgrades, certificate vouchers, and other discounts or incentives may not apply to some flights booked through Above9. Please contact your Travel Consultant for more information before you complete the Booking and confirm the Purchase.

Travel Protection Plan

Our Travel Protection Plan (TPP) is not an insurance policy but a service from Above9.Travel to assist you in dealing with unexpected circumstances before, during or after your trip. The cost of TPP is non-refundable. The paragraphs below describe the scope of this service and the conditions under which it is relevant:

Rebooking of canceled or delayed flights

If your flight has been cancelled by the airline or delayed by more than 3h or changed in a way that significantly affects your journey (i.e., causes you to miss a connecting flight, start of the tour/cruise, or arrive too late in the final destination), Above9.Travel will rebook you on a new, suitable flight through the same airline for free. All agency service fees related to rebooking will be waived. If none of the proposed alternative flights are acceptable, a refund might be available depending on the airline’s policy and original fare rules.

Change your plans for any reason

If you request a ticket exchange for any reason no later than 72 hours before the departure time, Above9.Travel will cover 100% of your original ticket cost and use the funds to rebook you on a new flight with the same airline, based on the carrier's exchange policy and fare rules of the original ticket. Any airline exchange penalties and agency service fees will be waived for the first exchange (meaning, TPP covers the penalties and fees once), however, the fare difference may apply and in such a situation, it will have to be covered by the customer if the exchange is confirmed.

Price drop opportunity

Our travel experts will monitor the market prices online and if the fare of the ticket you bought drops in the next 24h after your purchase, you will receive back the value of this saving. This only applies if the rules and terms of the ticket with a lower price that is found completely match those of the originally booked ticket.

Lost baggage coverage

Above9.Travel will pay up to $1000 for each checked-in bag (maximum of 2 bags per passenger) that is lost and not recovered within 96h from the arrival time. Carry-on bags are not covered. To be eligible for this compensation, you must first file a claim with the airline and then report your mishandled baggage to Above9.Travel using the claim case number provided by the airline. Mishandled bags must be reported to Above9.Travel within 24 hours from arrival by calling or emailing your Above9.Travel consultant. We will not be able to request (and pay you) the compensation if the incident is reported to Above9.Travel after the 24h deadline.

Supplier rules and restrictions

Your Booking and purchase of any other travel-related goods or services will be subject to the rules, policies and restrictions of the applicable airline(s). Please read these terms and conditions carefully on the relevant websites.

We reserve the right to cancel your booking if full payment is not received in a timely fashion. Some airlines may require you to present a credit card or cash deposit upon check-in to cover additional expenses incurred during your travel. Such a deposit is unrelated to any payment received by Above9.Travel for your Booking. You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver before participating in the service and/or activity they offer. You understand that any violation of such suppliers’ rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.

Travel destinations and visa requirements

International travel requires that passengers have a valid Passport or another internationally accepted identification document, which must be presented for all international flights. Please note that some countries may require a visa and/or a health card. It is the passengers' responsibility to have all required travel documents in their possession at check-in. While our Travel Consultants will assist to the best extent of their capabilities, it is strongly recommended that passengers review visa requirements for all stops themselves, as some countries may require a transit visa. Passengers transiting via or connecting between airports located in the European Union - Schengen Zone may need a Schengen Entry visa. Please contact the embassy of the country you are going to visit or transit through to get the up-to-date requirements. Some countries have special requirements for one-way travel – it is travelers’ responsibility to make sure they meet eligibility criteria for such a travel.

Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. Above9 urges passengers to review travel prohibitions, warnings, announcements and advisories before booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found in various (trustworthy) online sources, like webpages of state agencies in particular countries that you plan to visit.

By offering to sell travel to particular international destinations based on your request, Above9 does not represent or warrant that travel to such places is advisable or without risk, and is not liable for damages or losses that may result from it.

Intellectual property

This website and its original content, features and functionality are and will remain the exclusive property of Above9.Travel and its licensors. It is protected by copyright, trademark, and other laws. Our trademarks may not be used in connection with any product or service without the prior written consent of Above9.Travel.

Reviews, comments and other submissions

Please be aware that by submitting content by email, postings on this website or otherwise, including any airline reviews, questions, comments, suggestions, ideas or the like (jointly “Submissions”), you grant Above9 and it’s partners through whom we provide service, a right to use such Submissions in any media and to display your name that you provide in connection with such Submission. You also acknowledge that Above9.Travel may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on an airline review that you submit) at our discretion, and that such submissions may be shared with our supplier partners. You further agree that Submissions are non-confidential and non-proprietary. We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Site or in other channels of communication. If you do not agree to these terms and conditions, please do not provide us with any Submissions.

You are fully responsible for the content of your Submissions. You are prohibited from posting or transmitting to or from this Site: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any goods or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary rights of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Site. You acknowledge that above9.travel may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you. If you submit more than one review for the same airline, only your most recent submission is eligible for use.

Links to other websites

Our Site contains links to third-party webpages or services that are not owned or controlled by us. Above9.Travel assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Above9 shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Termination

We may terminate or suspend your access to the Site immediately, without prior notice or liability, when a breach of the Terms of Use is identified. All provisions of the Terms of Use that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Changes

We reserve the right to modify or replace these Terms of Use at any time. If a revision is substantial, we will provide at least 30 days' notice before any new terms take effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our website after any revisions become effective, you agree to be bound by the revised Terms of Use. If you do not agree to the new terms, you are no longer authorized to use the Site.

Liability disclaimer

Above9.Travel reserves the right to correct any pricing errors on our website and/or on pending reservations made under an incorrect price. In such an event, if available, we will offer you the opportunity to keep your pending reservation at the correct price or we will cancel your reservation without penalty.

The Company, the Company Affiliates, and their respective suppliers make no representations about the suitability of the information, software, products, and services contained on this website for any purpose, and the inclusion or offering of any products or services on this website does not constitute any endorsement or recommendation of such products or services by the company or the company affiliates. All such information, software, products, and services are provided “as is” without warranty of any kind.

Above9 disclaims all warranties and conditions that this website, its servers or any email sent from us is free of viruses or other harmful components.

The carriers and other suppliers providing travel or other services on this website are independent contractors and not agents or employees of the Above9.Travel, thus we are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting from them. Above9.Travel has no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond our direct control, and has no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority.

In no event shall Above9 be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access or use of this Site (including, but not limited to, your reliance upon opinions appearing on this website; any computer viruses, information, software, linked sites, products, and services obtained through this website; or otherwise arising out of the access to, display of or use of this website) whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if the Above9 has been advised of the possibility of such damages.

If, despite the mentioned limitations, Above9 is found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then our liability shall in no event exceed, in the aggregate, more than one hundred dollars (US$100.00) or the equivalent in local currency.

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms of Use is found to have failed of its essential purpose.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

Indemnification

You agree to defend and indemnify the Company, the Company Affiliates, and/or their respective suppliers and any of their officers, managers, members, directors, employees, and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to legal and accounting fees, brought by third parties as a result of:

• your breach of this Agreement or the documents referenced herein,
• your violation of any law or the rights of a third party,
• or your inappropriate and intentionally fraudulent use of this Site.

Transaction and currency conversion fees

All quotes are initially prepared in US Dollars, however, the currency can be adjusted in the checkout form when making a Booking and the payment will be processed in the local currency after the Booking is issued and the amount in local currency will be fixed to the exchange rate and amount of money put on hold at the time of conirming the Purchase. Quotes are converted to other available currencies using our bank’s exchange rate. We DO NOT add any transaction fees or commissions for this conversion. However, Above9.Travel cannot be responsible for any currency conversion or money transfer fees applied by the customer's financial institution. Currency exchange rates and foreign transaction fees applied by the customer’s financial institution are determined solely by the customer’s financial institution on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your financial institution

Contact us

If you have any questions about these Terms, please contact us by email: [email protected]