TERMS & CONDITIONS

  1. Acceptance of Terms:
    1. The terms and conditions set forth below (“Terms of Use”) constitute a legally binding agreement between Enthral Services & Aviation Pvt Ltd(“Enthral Aviation”). and you. The Terms of Use apply to you if you are a Customer utilising our services of Enthral Aviation.
    2. These Terms of Use contain provisions that define your limits, legal rights and obligations with respect to your use of and participation in (i) Enthral Aviation and (ii) the online transactions by you i.e. “Customers” who seek to purchase tickets for seats in jets and/or helicopters.
    3. You acknowledge that the Enthral Aviation primarily serves as a platform wherein customers who wish to purchase tickets for seats in jets and/or helicopters are provided with an opportunity to purchase such tickets on aircrafts owned by “Operators” who wish to let seats in their aircraft(s) to be sold; and by using and/or otherwise participating in Enthral Aviation, you agree to be bound by all terms and conditions of these Terms of Use and any other documents incorporated by reference herein. You acknowledge that Enthral Aviation. does not own or provide air carrier services itself and it is not a registered air carrier. You further acknowledge that it is the operator which offers air carrier services which may be scheduled through use of the application or website and Enthral Aviation. merely facilitates provision of such information and a method to obtain such air carrier services. Enthral Aviation., for the purpose of the above services, use this platform booking & reservation, payments & related services.
    4. If you do not agree to be bound by any clause of this Agreement, you should immediately cease from using Enthral Aviation.
    5. YOU SPECIFICALLY AGREE THAT BY USING THE Enthral Aviation. SERVICES, YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE COMPETENT UNDER LAW TO ENTER INTO A LEGALLY BINDING AND ENFORCEABLE CONTRACT. IN THE EVENT YOU ARE NOT 18 YEARS OF AGE, THEN YOUR PARENT/LEGAL GUARDIAN SHALL BE DEEMED ENTERING INTO A LEGALLY BINDING AND ENFORCEABLE CONTRACT ON YOUR BEHALF.
    6. All references to “you” or “your,” as applicable, mean the person that accesses, uses, and/or participates in Enthral Aviation. in any manner. If you use Enthral Aviation. on behalf of a business, you represent and warrant that you have the authority to bind that business and your acceptance of the Terms of Use will be deemed an acceptance by that business and “you” and “your” herein shall refer to that business.
    7. Enthral Aviation. reserves the right, in its sole discretion, to change, modify, or otherwise amend the Terms of Use, and any other documents incorporated by reference herein for complying with legal and regulatory framework and for other legitimate business purposes, at any time, and Enthral Aviation. will post notice of the changes and the amended Terms of Use.
    8. You are encouraged to check the Terms of Use frequently and it is your responsibility to do so. It is made expressly clear that by continuing to use Enthral Aviation after any modifications have been made to this Terms of Use, would indicate your consent to be bound by such modified Terms of Use.
    9. As mentioned above, all flights are operated by Operators who are licensed by the concerned authorities. Operators or the aircraft owner, and not Enthral Aviation., are responsible for ensuring the safety of a flight and providing the charter services, including the flight crew and aircraft operations. Enthral Aviation.is NOT a registered DGCA operator, nor does it provide air carrier services itself. Enthral Aviation. offers the method by which to obtain the services of the Operators, but in no way does it have any responsibility or liability for any charter or carrier services provided by third parties. By using Enthral Aviation. and booking a flight, you authorize Enthral Aviation.to enter into a charter /carrier contract with the Operator as your agent.
  2. Fare Rules
    1. Search for Booking and Reservations
      1. The Enthral Aviation mobile application/web portal. will assist prospective Customers and/or their bookers, to search and purchase seats in private aircraft(s) and helicopter(s) online. Customers can request and review the wide various of quotes available in flights which will be arranged by Enthral Aviation at company discretion and operated by registered Operator .The costs are dynamic in nature and are subject to change depending on various factors..
    2. Confirmation of Booking/Reservation
      1. On your behalf and as your agent, Enthral Aviation will group all booking into single booking and post all seats are booked on every flight leg the aircraft will be booked as per availability with the Operator, execute necessary documents to reserve the seat in the aircraft, and process payment. It is your sole responsibility to carefully review and verify all travel details reflected in the confirmation when completing the reservation. Upon your review and acceptance of the invoice or booking confirmation, any trip cancellations or modifications will be subject to applicable cancellation policies.
    3. Payment for Booking/Reservation
      1. Once, the Customer has booked a seat in an aircraft that the Customer is desirous of purchasing, the Customer can proceed to book the ticket. The Customer will be required to pay 100% of the cost of the ticket at the time of the booking or customer can block the seat by paying 25% of the quoted amount. You shall be responsible for providing payment authorizations and paying for seat according to the terms and conditions of this Agreement and any additional terms and conditions presented to you at the time of booking, which are incorporated herein by this reference. You agree to share your details and other passenger for whom you will book the seat  with Enthral Aviation. and to provide all requested information, including a credit card to be kept on file and used for pre-authorization/reservation and payment/capture for services requested and authorized by you. Upon payment, email notification will be sent to the Customer along with ticket and invoice copy.
    4. Modifications, Missed Flights, Cancellations and Refunds
      1. Cancellation & Refund
        1. Cancellation and refund is available through customer care:
          50% of the booking amount shall be refunded, if the booking is cancelled 15 days before the scheduled departure of the aircraft
          25% of the booking amount shall be refunded, if the ticket is cancelled within 15 to 7 days before the scheduled departure of the aircraft.
          No amount shall be refunded, if the ticket is cancelled within 7 days before the scheduled departure of the aircraft.
      2. Modification & rescheduling is available through customer care:
        1. Modification is allowed up to 3 days. before departure.
        2. You shall be liable for the differential fares of the modified scheduled departure date.
        3. There shall be no refund for the modifications.
        4. You shall be liable for INR 3500 per seat as charges for modification.
      3. Missed Flights
        1. You agree that you are obligated to fly according to the flight itinerary provided by Enthral Aviation. which stipulates the departure time. You must be at the aircraft prepared to travel at the departure time indicated on the flight itinerary. If you are not at the aircraft at least 20 minutes prior to the scheduled departure time ready to fly, you will have missed the flight. Pilots may wait after the indicated departure time as a grace period if possible but are under no obligation to do so. Should you miss a flight, you are solely responsible for alternate arrangements and you will not be entitled to a refund.
        2. Notwithstanding the above, Enthral Aviation, shall not be liable for any delay or failure to perform in connection with any flight, service or in the performance of any obligation hereunder or for any unavailability or inaccessibility of Enthral Aviation if such delay, unavailability, inaccessibility or failure is due to or in any manner caused by acts of god, rebellion, riots, hijacking, insurrection, civil commotion, strikes or labour disputes, fires, floods, laws, regulations, acts, demands or orders of any government or agency, seizure of the aircraft under legal process, adverse weather conditions, inability to obtain fuel, aircraft damage or loss, lack of essential parts or supplies, mechanical problems, illness or incapacitation of crew members, denial of operating or landing approvals, clearances or permits by governmental authority, denial of service attack, any other attack on the systems of Enthral Aviation., scheduled maintenance of aircrafts or any other cause which is beyond the control of Enthral Aviation. Enthral Aviation. is hereby released from any claim or demand for any direct or consequential damages arising out of failure to perform as a result of a force majeure event whether or not herein enumerated or other event referenced above. In no event shall you pursue Enthral Aviation. for any amount in excess of actual price paid by you Enthral Aviation’s liability shall be strictly limited to an amount equivalent to the actual price paid by you.
  3. Baggage Allowance :
    1. The maximum permitted weight for hand baggage is 8 kgs. per passenger with dimension not exceeding height : 55cms or 22 inches, , length : 35 cms or 14 inches, width 25 cms or 10 inches; including all handles, all pockets, wheel etc. In addition to one cabin luggage you are allowed to carry one ladies hand bag or a laptop bag. The maximum check in baggage can be carried will be as per flight confirmation details provided by Enthral Aviation.
  4. Lost Baggage :
    1. Any baggage lost will be a responsibility of Operator or Ground Handler engaged. Enthral Aviation will try its best to identity and to deliver them at the registered address given at the time of booking. In case of non-identification and missing baggage. Customer could be entitled to a compensation not exceeding Rs 10,000 per ticket
  5. Delay of Flights
    1. If the delay is more than 1 hr., lounge service will be provided where available. If the delay is more than 4 hrs., the customer is eligible for cancellation and 100% refund or a hotel access to wait till such time as the aircraft is ready where the hotel is available.
  6. Miscellaneous Services
    1. The Customer may incur additional expenses (“Additional Expenses”) for the following subject to availability: excess luggage fees, catering orders other than normal Operator provided in-flight food and beverages and other services whether or not itemized in the confirmation documentation.
  1. Insurance
    1. The Customer may, in its discretion, choose to insure his /her trip with Enthral Aviation. In such an event, the Customer shall at the time of booking intimate Enthral Aviation. about the same and Enthral Aviation. shall then assist the Customer to obtain such insurance policy, at the Customer’s cost.
  1. Travel Documents
    1. In accordance with DGCA regulation, security regulations at various airports and additional government regulations, each Customer is required to comply with all regulations, and will be required to present valid government issued identification prior to departure for all flights. For international flights, each Customer must have a valid passport in his or her possession. Operator has the right to refuse boarding to any person without the required documentation or as a result of non-compliance with government regulations without recourse or further obligation on behalf of Operator or Enthral Aviation
    2. Enthral Aviation, will require you to provide detailed and accurate passenger information regarding all persons traveling pursuant to arrangements made by you, after or during the booking process. Such information has to be furnished to Enthral Aviation. no later than twenty-four (24) hours prior to departure. You agree to timely provide Enthral Aviation. all required information, and you acknowledge that failure to provide the information, providing inaccurate or incomplete information or failure to provide information in a timely manner may result in delaying a flight, the Operator or pilots electing to deny boarding, and may ultimately result in you and/or your guests missing the flight, which will be considered a cancellation without notice and will be subject to cancellation fees.
  2. RULES FOR CUSTOMERS
    1. If your conduct or the conduct of your guest endangers the aircraft or any passenger or property while on board, or you or your guests obstruct or hinder the crew in the performance of their duties, or fail to comply with any instruction of the crew, including but not limited to, those with respect to smoking in any form, drugs, alcohol, or use of any threatening, abusive or insulting words towards the crew or any behaviour which causes discomfort, inconvenience, damage or injury to the crew or other passengers on the flight, we may take such measures as we deem necessary to prevent continuation of such conduct including restraint. You and/or your guests may be disembarked and refused onward carriage at any point and may be prosecuted for offenses committed on board the aircraft. Further, in Enthral Aviation.’s discretion, your access to all our services may be revoked permanently, without refund.
    2. You agree to reimburse Enthral Aviation. for any and all reasonable costs and expenses incurred as a result of damage to the aircraft interior and/or exterior which is caused by carelessness or neglect by you or any of your guests. Enthral Aviation. may debit all flight expenses and other charges resulting from you or your guests’ use of our services or our operator services, including costs of damage to aircraft caused by you or your guests. Further, you also undertake that:
      1. You will only use the services of Enthral Aviation. for lawful purposes; you will not use our services for sending or storing any unlawful material or for fraudulent purposes.
      2. You will not use our services to cause nuisance, annoyance, or inconvenience.
      3. You will not impair the proper operation of the network.
      4. You will not harm or attempt to harm our reputation, assets or business in any way whatsoever.
      5. You will not copy, or distribute the application or portal or any content provided via our platform as a result of your use without written permission from Enthral Aviation.
      6. You will only use the services of Enthral Aviation. for your own use and will not resell it to a third party unless authorized in writing by the management of Enthral Aviation.
      7. You will keep secure the confidential information regarding your account, which allows access to data of Enthral Aviation.
      8. You will provide us with whatever proof of identity we may reasonably request.
      9. You acknowledge that your baggage shall be subject to all security measures at all airports including checking, x-raying etc.
    3. Violation of any of the above will result in Enthral Aviation. being entitled to its sole discretion to limit the Customer’s access to the services of Enthral Aviation., blacklist the Customer and/or withhold any outstanding credits or payments, if any.
  3. INFORMATION SUBMITTED
    1. Confidentiality: You acknowledge and agree that Enthral Aviation . does not guarantee any confidentiality with respect to the submitted content. On the contrary, submission of the submitted content will be construed as an authorisation from you that you shall be searchable by Enthral Aviation . visitors who have access to the Enthral Aviation and the same shall be provided on a non-proprietary and non-confidential basis. You further agree that Enthral Aviation . shall be free to use or disseminate such submitted content on an unrestricted basis for the purpose of providing the services.
  4. INTELLECTUAL PROPERTY RIGHTS
    1. ll the content including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Data”) and the trademarks, service marks and logos contained therein including but not limited to Enthral Aviation.
    2. The Data provided to you on an AS IS basis for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Enthral Aviation. reserves all rights not expressly granted in and to the Marks and the Data.
    3. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of Enthral Aviation . or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Data therein.
    4. Enthral Aviation . owns and retains all rights in the Enthral Aviation . Data and Marks. Subject to these Terms of Use, Enthral Aviation . hereby grants you a limited, revocable, non-transferable, non-sub-licensable license to reproduce and display the Enthral Aviation . Data (excluding any software source code) solely for your personal use in connection with accessing and participating in the Enthral Aviation .
    5. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party Enthral Aviation  or the application in any way; (ii) modify or make derivative works based upon Enthral Aviation  or the application; (iii) create internet “links” to Enthral Aviation  or “frame” or “mirror” any application on any other server or wireless or internet-based device; (iv) reverse engineer or access the application in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of Enthral Aviation  or application, or (c) copy any ideas, features, functions or graphics of Enthral Aviation  or application, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of Enthral Aviation  or application.
    6. You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Application or Enthral Aviation  or the data contained therein; or (v) attempt to gain unauthorized access to the application or Enthral Aviation  or its related systems or networks.
  5. ENTHRAL AVIATION . IS NOT A PARTY TO ANY CONTRACT BETWEEN THE CUSTOMER AND THE OPERATOR.
    1. You acknowledge that Enthral Aviation . merely attempts to bring the Operators and the Customers together and has no role, itself, to play in the provision of the services. Therefore, the Customer acknowledges and agrees that they are solely responsible for addressing all issues that exist now or may arise in the future in connection with the applicable service. Each Customer hereby acknowledges and agrees that Enthral Aviation .is NOT a party to any oral or written agreement for service or any contract entered into between the parties in connection with any service offered, directly or indirectly, through Enthral Aviation .. Each Customer acknowledges, agrees and understands that Enthral Aviation . Only seeks to provide a platform wherein the Customer and the Operator can be brought together and Enthral Aviation . itself has no role in the execution or provision of Services.
    2. No agency, partnership, joint venture, or employment is created as a result of the Terms of Use or your use of any part of the Enthral Aviation . services, including without limitation, any oral or written agreement for Service. You do not have any authority whatsoever to bind Enthral Aviation .in any respect. All Operators are independent contractors. Neither Enthral Aviation . nor any users of Enthral Aviation  may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other.
    3. Subject to these Terms of Use, your interactions with individuals and/or organizations found on or through Enthral Aviation , including payment of and performance of any service, and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between you and such individual or organization.
    4. You understand that Enthral Aviation . does not warrant and cannot make representations as to the suitability of any individual and/or organisation you may decide to interact with on or through Enthral Aviation . The Customer should take an informed decision on his/her own accord and keep in mind the fact that Enthral Aviation . only seeks to provide a platform wherein Customers and Operators have an opportunity to meet each other.
    5. NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT SINCE ENTHRAL AVIATION . only seeks to provide a platform wherein the CUSTOMER and OPERATOR can be brought together and ENTHRAL AVIATION .itself has no role in the execution or provision of Services ITSELF, ENTHRAL AVIATION .SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT WHATSOEVER INCURRED AS THE RESULT OF ANY SUCH TRANSACTION OR DEALINGS. IF THERE IS A DISPUTE BETWEEN CUSTOMERS AND OPERATORS, YOU ACKNOWLEDGE AND AGREE THAT ENTHRAL AVIATION .IS UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT A DISPUTE ARISES BETWEEN YOU AND ONE OR MORE ENTHRAL AVIATION . USER, CUSTOMER AND OPERATOR OR ANY THIRD PARTY, YOU HEREBY RELEASE ENTHRAL AVIATION ., ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS, AND SUCCESSORS IN RIGHTS FROM ANY CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FORESEEABLE OR UNFORESEEABLE, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR ENTHRAL AVIATION  OR ANY SERVICE PROVIDED THEREUNDER.
  6. DISPUTE RESOLUTION
    1. If a dispute arises between you and Enthral Aviation ., our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and Enthral Aviation . hereby agree that we will resolve any claim or controversy at law and equity that arises out of the Terms of Use or the Enthral Aviation . Services in accordance with this Section G or as we and you otherwise agree in writing. Before resorting to the filing of a formal lawsuit, we strongly encourage you to first contact us directly to seek a resolution via e-mail at [email protected] The dispute shall be resolved through alternative dispute resolution procedures, such as arbitration by way of a mutually appointed sole arbitrator, as alternatives to litigation which shall be under the aegis of Arbitration and Conciliation Act, 1996 in English with the seat in Mumbai.
  7. GOVERNING LAW
    1. The Terms of Use shall be governed in all respects by the laws of India and any legal proceeding arising out of this Agreement will occur exclusively in the courts located in Mumbai, India.
  8. DISCLAIMER OF WARRANTIES
    1. YOU AGREE THAT YOUR USE OF THE ENTHRAL AVIATION  SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ENTHRAL AVIATION . AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH ENTHRAL AVIATION , THE SERVICES OFFERED ON OR THROUGH THIS ENTHRAL AVIATION . WEBSITE OR MOBILE APPLICATION, ANY DATA, MATERIALS, SUBMITTED CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED, INCLUDING WITHOUT LIMITATION THE MATERIALS, DATA AND SUBMITTED CONTENT OF OTHER USERS OF THIS SITE/APPLICATION OR OTHER THIRD PARTIES. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTHRAL AVIATION  SERVICES OFFERED ON OR DATA, MATERIALS, SUBMITTED CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. ENTHRAL AVIATION . DOES NOT PROVIDE ANY WARRANTIES AGAINST ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OR SUBMITTED CONTENT, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER OR SERVICE PROVIDER, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA ENTHRAL AVIATION .. ENTHRAL AVIATION. DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH ENTHRAL AVIATION. OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT. ENTHRAL AVIATION. WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY PARTY, INCLUDING THIRD PARTY OPERATORS OF PRODUCTS OR SERVICES. AS WITH THE USE OF ANY PRODUCT OR SERVICE, AND THE PUBLISHING OR POSTING OF ANY MATERIAL THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
  9. LIMITATIONS OF LIABILITY
    1. IN NO EVENT SHALL ENTHRAL AVIATION ., OR ITS RESPECTIVE OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, ATTORNEYS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) WHATSOEVER RESULTING FROM ANY (I) ACCESS TO OR USE OF ENTHRAL AVIATION OR ANY SERVICES OFFERED BY ANY OPERATOR AND/OR SUPPLIER VIA ENTHRAL AVIATION , INCLUDING SERVICES PROVIDED PURSUANT TO AN AGREEMENT FORMED INDEPENDENTLY OF ENTHRAL AVIATION ., WHETHER OR NOT AN AGREEMENT FOR SERVICE FORMED VIA ENTHRAL AVIATION . IS IN EFFECT; (II) ERRORS, MISTAKES, OR INACCURACIES OF DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF ENTHRAL AVIATION. OR SUBMITTED CONTENT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM ENTHRAL AVIATION .; (V) ANY ERRORS OR OMISSIONS IN ANY DATA, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF ENTHRAL AVIATION . OR SUBMITTED CONTENT; (VI) ANY FAILED NEGOTIATIONS FOR A SERVICE, ANY DISPUTES THAT ARISE DURING OR AFTER THE NEGOTIATION OF A SERVICE OR THE FORMATION OF A CONTRACT FOR A SERVICE, OR ANY OTHER DISPUTE THAT ARISES BETWEEN USERS OF ENTHRAL AVIATION .; (VII) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER OR SERVICE PROFESSIONAL; OR (VIII) ANY USE OF ANY DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF ENTHRAL AVIATION . OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH ENTHRAL AVIATION ., WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ENTHRAL AVIATION .IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
    2. IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF ENTHRAL AVIATION ., OR ANY OF THE ABOVE-REFERENCED RESPECTIVE PARTIES, ARISING FROM OR RELATING TO ENTHRAL AVIATION , AND/OR SUBMITTED CONTENT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO ENTHRAL AVIATION . BY YOU HERE UNDER.
      YOU HEREBY ACKNOWLEDGE AND AGREE THAT ENTHRAL AVIATION .SHALL NOT BE LIABLE FOR SUBMITTED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER OR SERVICE PROVIDER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU FURTHER ACKNOWLEDGE AND AGREE THAT ENTHRAL AVIATION .SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) WHATSOEVER RESULTING FROM OR RELATING TO ANY CONTRACT BETWEEN ENTHRAL AVIATION . VISITORS ENTERED INTO INDEPENDENTLY OF ENTHRAL AVIATION ..
    3. FORCE MAJEURE
      No failure or omission by a Party (“Affected Party”) to carry out or to perform any of its obligations under the Terms of Use shall give the other Party a claim against the Affected Party, or be deemed a breach of these Terms of Use, if and to the extent that such failure or omission arises as a result or consequence of a Force Majeure Event.

      The Affected Party shall promptly or as soon as reasonably possible, notify the other Party of the nature and anticipated duration thereof and thereupon shall be excused from performing or punctually performing, as the case may be, such obligation for so long as the event of Force Majeure Event continues and shall use all reasonable endeavours to resume performance of the obligation as soon as reasonably possible.

      “Force Majeure Event” shall mean an exceptional event or circumstance:
      1. which is beyond a Party’s control.
      2. which such Party could not reasonably have provided against.
      3. which, having arisen, such Party could not reasonably have avoided or overcome; and
      4. which is not substantially attributable to the other Party.

Force Majeure Event shall be limited to the exceptional events or circumstances listed below:

      1. riot, war, invasion, act of foreign enemies, hostilities (whether war be declared or not), acts of terrorism, civil war, rebellion, revolution, military invasion, insurrection of military or usurped power.
      2. earthquake, flood, or any other natural disaster, but excluding weather or sea conditions as such, regardless of verity; or
      3. strikes at national or state level or industrial disputes at a national level or strikes or industrial disputes by labour not employed by the Affected Party or its sub-contractors and which affects a substantial or essential portion of the obligations.
  1. INDEMNIFICATION AND RELEASE
    1. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS ENTHRAL AVIATION ., AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES) ARISING FROM YOUR USE OF, ACCESS TO, AND PARTICIPATION IN ENTHRAL AVIATION ; YOUR VIOLATION OF ANY PROVISION OF THE TERMS OF USE, INCLUDING THE PRIVACY POLICY; YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, PROPRIETARY, INTELLECTUAL PROPERTY, OR PRIVACY RIGHT; OR ANY CLAIM THAT YOUR SUBMITTED CONTENT CAUSED DAMAGE TO A THIRD PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS OF USE AND YOUR USE OF THE WEBSITE.
    2. IF YOU HAVE A DISPUTE WITH ONE OR MORE ENTHRAL AVIATION. VISITORS, YOU FOREVER RELEASE ENTHRAL AVIATION .(AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AGENTS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE ENTHRAL AVIATION . SERVICES AND/OR ANY SUBMITTED CONTENT.
    3. THE TERMS OF USE, AND ANY RIGHTS AND LICENSES GRANTED HEREUNDER, MAY NOT BE TRANSFERRED OR ASSIGNED BY YOU, BUT MAY BE ASSIGNED BY ENTHRAL AVIATION. WITHOUT RESTRICTION.
  2. GENERAL INFORMATION
    1. These Terms of Use and any other legal notices or additional policies such as specific Operator related policies, sent to you by Enthral Aviation ., shall constitute the entire agreement between you and Enthral Aviation . concerning Enthral Aviation. If any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect. 
    2. No waiver of any provision of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Enthral Aviation .’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.