Terms Of Use

Please read these Terms of Use ("Terms") carefully before using the https://above9.travel website (the "Service", the “Site”) operated by Above9 ("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 the 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:

Above9 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, our use of the following terms in these Terms of Use shall have the meaning below:

In order 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 "Book" on the payment page of the Site.
  2. Once you have done so you have given your approval (which cannot be withdrawn if you change your mind) to Above9 to purchase the relevant Service Element(s) from the relevant Travel Supplier(s) (e.g., your "Booking").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 email confirmation that you receive after pressing “Book”, is NOT the contractual acceptance of the Booking, but merely an acknowledgment that we have received your confirmation to proceed with the purchase of chosen tickets.
  4. If the relevant Service Element is available, your Booking will be processed. The contract pertaining to the relevant Booking is formed when payment in full has been received.
  5. The contract between you and the relevant Travel Supplier will relate only to those Service Elements confirmed by email with booking reference numbers and ticket numbers for your air travel.

The terms of your Booking (such as price, availability and/or dates of travel) are not guaranteed until the contract is formed between you and the Travel Supplier and a ticket has been issued and/or a reservation has been made and confirmed by the Travel Supplier. Please note that once you have completed the Booking stage you can only cancel or change the details (such as names or destinations) of your Booking at our sole discretion and in accordance with these Terms of Use.

These Booking processes will apply to any of our individual Service Element's Terms of Use set out below. 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, including but not limited to cancellation policies, 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 timely informed about them. Please contact us for additional information if you have questions.

The contract of carriage in use by the applicable airline, when issued, shall be between the applicable airline and the passenger. 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. Airlines may also in their discretion change or cancel flights or itineraries.

In the event of a flight cancellation while 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 rules. This is the fastest way to get you on the next flight out.

Travel insurance is highly recommended but not directly offered by above9.travel. Instead, we have partnered with an insurance broker (see here) who can provide competitive offers based on your requests. 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 flights up to eleven months from today's date. Above9 won't be able to provide service for any request beyond the above specified time frame. Please note that all fares have to be paid in full once the tickets are issued and sent to your e-mail.

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, 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 for the purpose of facilitating payment and for the completion of Purchase. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order 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, error in your order, or other reasons. We also reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Cancellation and refunds

If you need to cancel your ticket for any reason, please contact your Travel Consultant to review your options. Cancellation and refund terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select from airline suppliers. Please read these terms and conditions carefully on the airline websites.

Ticket(s) purchased through Above9 are discounted, therefore non-reroutable and non-transferable. Name changes on tickets are not allowed – only the original passenger can use the ticket(s). If fare rules allow refunds and/or exchanges, they are permitted only up to 72 hours before the time of departure. In addition, a $250.00 Above9 fee per person will be charged to process any refund or exchange request. This fee will be in addition to the penalties charged directly by the airline and/or recalled by the airline from Above9. Take a special note that airline tickets and all service fees may not be refundable. No-Show tickets 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 United States, U.S Department regulations you 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 Originated from the US or vice-versa, please contact your Travel Consultant to find out whether the 24h free cancelation rule applies.

Please note that any refund process can take up to 4 business weeks. An estimated time for funds to return to the account is usually 2-4 business weeks depending on the airline and the credit card company that is used for the booking. Above9 has no control over this process and can not be held accountable in case of any delays.

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 airline 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 items exceed the weight, size or number spelled out 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 baggage terms (weight, size, pieces of baggage) before confirming the Booking. Baggage allowance policies and baggage fees associated with checked or carry-on baggage vary widely and are subject to change by the airlines at any time.

Frequent traveler points

Frequent traveler awards (miles, points, etc.), upgrades, certificate vouchers, and other discounts or incentives may not apply to some Above9 flights. Additionally, mileage accrual may not apply to all tickets. Please contact your Travel Consultant for more information.

Supplier rules and restrictions

Additional terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select from the airline. Please read these additional terms and conditions carefully on the airline websites. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the suppliers' rules and restrictions regarding availability and use of fares, products, or services. 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 deposit is unrelated to any payment received by Above9 for your booking. You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any 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 in possession of a valid Passport or other 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 passengers' responsibility to have all required travel documents in 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 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 one way travel. Visa information is also available at the Travel Advisory Section of the U.S. State Department (phone line: +1 202-647-5225, official website: www.state.gov). Holders of non-U.S. passports are advised to contact the embassies of their destination and transit countries to obtain entrance requirements.

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 prior to 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 homepages 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 place is advisable or without risk, and is not liable for damages or losses that may result from it.

Intellectual property

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

Reviews, comments and other submissions

Please be aware that by submitting content by email, postings on this Site or otherwise, including any airline reviews, questions, comments, suggestions, ideas or the like (jointly “Submissions”), you grant Above9 and 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 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 Service contains links to third-party websites or services that are not owned or controlled by us. Above9 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 Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. All provisions of the Terms which 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, at our sole discretion, to modify or replace these Terms at any time. If a revision is substantial (material) we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

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

Liability disclaimer

Above9 expressly 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, 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 has no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their 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 is found to have failed of its essential purpose. The limitations of liability provided in these Terms insure to the benefit of Above9.

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:

Transaction and currency conversion fees

All transactions are in US Dollars. We may from time to time issue a quotation in your local currency to aid in customer understanding. However, all Invoices and Payments will be requested in US Dollars. Any foreign currency quotations will be converted to US Dollars using the conversion rate listed on ‘Yahoo Finance’ on the date of the order. We DO NOT add any transaction fees or commission for this conversion. However, we cannot be responsible for any currency conversion fees applied by the customers' 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: info@above9.travel