Experience the way travel should be

Travelers receive 10x more benefits when booking flights with Avi
while paying the the same low prices

• Download now

Reasons why travelers choose Avi

Travelers love our app

Don't wait. Try Avi risk-free.

Book your first flight without being an Avi member.

• Download Avi for iOS

Terms and Conditions

• Last updated March 20, 2023

Avi Technologies Inc. and its affiliates (“Avi”) provide the Avi mobile applications and the Avi website (“Apps”) for use by you (“User”) for the purposes of utilizing Avi data and proprietary predictive algorithms to search for, and receive notifications about flights; booking and payment for flights and additional services; purchasing Avi and/or third-party products; utilizing published Avi reports (“Avi Research Data”); and other related services (collectively, “Services”). Avi provides you access to the Services and the Apps, including this App, subject to your acceptance of all the following Terms and Conditions (“Terms”), which constitute a binding legal agreement between you and Avi. By accessing, downloading, copying, and/or using a Avi App, including this App, and/or the Services, you agree to be bound by these Terms.PLEASE REVIEW THE “DISPUTE RESOLUTION” OF THESE TERMS (SECTION 11) CAREFULLY, AS IT REQUIRES YOU TO RESOLVE ANY FUTURE DISPUTES WITH AVI THROUGH BINDING INDIVIDUAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY, AND YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING AGAINST AVI.You should also read Avi’s separate PRIVACY POLICY, which explains how Avi manages and uses the data that Avi collects when you use the Apps and Services, and which is incorporated by reference in these Terms. By agreeing to these Terms, you also consent to the collection and use of data as set forth in Avi’s Privacy Policy.In addition to these Terms, Avi offers individual products and services for purchase that may be subject to additional terms and conditions, which will be provided to you both prior to and after purchase. Travel services provided by third-parties are subject to third-party terms. Please review all additional terms carefully prior to any purchase or booking.

1. Use of the Apps and Services; Restrictions

1.1. Acceptable Use. You may use the Apps and the Avi Services only for lawful personal use, and in accordance with these Terms, to search for and make flight bookings and/or related purchases for yourself, or non-commercially on behalf of a person who has authorized you to do so. Avi may, in its sole discretion, terminate your right to use the Apps and Services at any time, and may take all available legal recourse for actual or suspected violations of these Terms, including cancellation of bookings made in violation of these Terms. Any delay by Avi in taking such actions does not constitute a waiver of Avi’s rights to enforce these Terms. By making the Apps and Services available for your use, Avi does not consent to function as your agent or fiduciary.1.2. Use Restrictions. The Apps and Services are not intended for use by any person who is, and you are not permitted to use the Apps or Services if you are, under the age of 16 or under the legal age of majority in the jurisdiction in which you reside. Other than information required to complete a booking, Avi does not knowingly collect personal identifiable information from minors under the age of 16. If a minor under 16 has provided us with personal information without parental or guardian consent, the parent or guardian may contact us by emailing us at legal@flywithavi.com, in which case we will remove the information and unsubscribe the minor from any of our electronic marketing lists.You may not use the Apps or Services if you are identified on any U.S. or Canadian government list of prohibited, sanctioned, or restricted parties, or if you are located in a country that is subject to a U.S. or Canadian government embargo, or that has been designated by the U.S. or Canadian government as a "terrorist supporting" country.While you may make copies of information related to your booked travel reservations, you may not attempt to access, copy, decompile, disassemble, or reverse-engineer, distribute, sublicense, publish, interrupt, destroy, or interfere with the source code, libraries, databases, algorithms, data, or Avi systems or networks that make up the Services or the Apps, or attempt to circumvent any security controls included in the Apps. You may not attempt to access the Apps or Services using any automated tools, including without limitation the use of bots, spiders, crawlers, scrapers or other similar tools, or other technology not authorized by Avi. You may not deep link to any portion of Apps (including, without limitation, the purchase path for any travel services) or frame, mirror or otherwise incorporate any part of the Apps into any other app or site without Avi’s prior express written authorization. You may not use the Apps or Services for any purpose that is fraudulent or deceptive. If your right to access the Apps or Services has been previously revoked by Avi, all use of the Apps or Services is prohibited.1.3. Updates. Avi may update the Apps and Services from time to time to improve the Apps and/or the Services. You agree to install all updates in a timely manner. If you delay or refuse updates to the App, this may compromise or prevent us from delivering the Services.

2. Payment Authorizations

2.1. Avi Accounts. To make purchases using the Apps and Services, from Avi and/or from third-party travel service providers (e.g., airlines, etc.), you will need to register for a Avi account using the telephone number associated with your mobile device, and an Avi account will be created automatically using the information you provide. You may create only one account per individual. You agree: (i) to provide and maintain accurate, current and complete information for your Avi account, (ii) to maintain the security of your account by not sharing, disclosing, or making available access credentials to any unauthorized person, and (iii) to notify Avi promptly if you discover or otherwise suspect any security breaches relating to your use of the Apps or Services. You agree to be responsible for all activities and purchases that occur using your Avi account, and you accept all risks of unauthorized access to your Avi account resulting from any act or omission by you in violation of these terms.2.2. Deactivating an Account. If you cease to use the phone number associated with your Avi account, you must notify Avi immediately by emailing legal@flywithavi.com to deactivate your account and your account data.2.3. Payment Methods. Avi enables you to make purchases from Avi, and/or third-party travel service providers, by linking a valid, authorized debit, credit, prepaid credit card or other authorized payment method to your Avi account (“Payment Instrument”). You may change the Payment Instrument associated with your Avi account or add additional Payment Instruments at any time. By linking a Payment Instrument to your Avi account, you represent to Avi that you are an authorized user of the Payment Instrument. You are responsible for ensuring that the Payment Instrument(s) associated with your Avi account is always current, non-expired, and valid for payments. Your Avi account is not a bank account. Avi is not a bank and does not offer banking or “money transmission services,” and is not a “money service business,” as those terms are defined by the United States Department of Treasury.2.4. Payment Authorization. You authorize Avi, and/or applicable third-party travel service providers, to charge your linked Payment Instrument(s) for the total amount of all purchases or other payment transactions initiated in the Avi Apps using your Avi account as necessary to complete the purchase, payment or other financial transaction requested or agreed to by you, including without limitation all fees and taxes. In some cases, Avi may pass your Payment Instrument(s) to a third-party travel service provider (such as an airline) to process your authorized payment. By making a booking, you authorize such transfer of your Payment Instrument. In the event you are entitled to a reversal, refund, chargeback, or other adjustment associated with a transaction you made using your Payment Instrument, you also authorize a credit to your Payment Instrument(s) by Avi as necessary to execute that transaction.2.5. Failed Transactions. If a charge to any Payment Instrument fails, you agree to link a new, valid Payment Instrument within three (3) business days of notification by Avi. Your Avi account will be disabled, and all purchased Avi products and third-party travel services may be cancelled, until a valid Payment Instrument is provided, and the outstanding uncharged balance is resolved. You further authorize Avi to attempt to re-submit any failed charge to any Payment Instrument(s) associated with your account at subsequent times until successful. Avi is not responsible for any charges imposed by the issuer of your Payment Instrument as a result of any failed charge or re-charge by Avi. To the extent that Avi is unable to successfully charge any Payment Instrument linked to your Avi account as payment for authorized transactions for more than thirty (30) days, you understand and agree that Avi may employ a collection agency or other business in an effort to collect any outstanding debts and fees associated with your Avi account, and you will not contest the use of a third party to collect the debt and fees owed to Avi. You agree that you will be responsible for any legal, court, arbitration or collection agency fees associated with rectifying your Avi account and all monies owed thereunder. You agree that Avi, or any agency or business employed by Avi, has the right to contact you and your heirs via telephone, email or (if not prohibited by law) in-person using the information you provided upon registration or during any contact with Avi, or any other publicly available or attainable information, in an effort to collect any monies and fees owed to Avi, whether specifically referenced in these Terms or not, and such contact may be made in a manual or automated fashion.2.6. Test Authorizations. At the time of linking any Payment Instrument to your Avi Account, you consent to Avi temporarily authorizing a charge on that Payment Instrument, typically for $1.00 or less, as part of our verification process. You will not be required to pay this charge, and it will disappear from your Payment Instrument statement within a few days.2.7. Unauthorized Transactions; Lost Devices. If any transaction receipt received by you appears incorrect, or was unauthorized or fraudulent, you shall notify Avi immediately by contacting Avi Support (“Support”) from the “Trips” page within the Apps. If you lose any mobile device on which an App linked to your Avi account is installed (“Lost Device”), you shall notify Avi immediately by contacting Avi at legal@flywithavi.com. You should always secure any device on which a Avi App is installed.2.8. Currency Conversions. Some prices and/or fees provided in the Apps or Services for purchases may be displayed to you in a default, or your preferred or selected, currency, although the charge made to your Payment Instrument by a third-party service provider will be in a local currency. In these cases, the amount charged to your Payment Instrument for the purchase may vary slightly from the amount displayed, due to fluctuations in currency exchange rates beyond Avi’s control. Your Payment Instrument provider or issuer may also include a fee to process the transaction or convert currency, plus any applicable taxes for international purchases.

3. Consent to Electronic Communications, Disclosures and Notices; Paper Copies

3.1. By accepting these Terms, you agree that Avi will provide the Terms, its Privacy Policy, and all other applicable terms, and any amendments made by Avi thereto, as well as all disclosures, notices, transaction receipts, transaction authorizations, and all transaction statements or other information required by law (“Disclosures”), electronically by publishing in the Apps, through in-App messaging, and/or to the email address you provide. Your electronic acceptance or receipt of the Disclosures, and/or your continued use of the Apps and Services after publication of the Disclosures by Avi, has the same effect as if you received them in paper, or signed them in ink. Except as otherwise required by applicable law, Disclosures are considered received and accepted by you within 24 hours of the time posted to our website or Apps, or emailed or messaged to you, whether or not you choose to read them. In order to access and retain the electronic Disclosures you will need, and represent that you have, the following: (i) a computer or mobile device with an internet connection; (ii) a valid email address that can receive emails from @flywithavi.com and (iii) sufficient storage space to save past Disclosures and/or an installed printer to print them. You have a right to receive Disclosures in paper form. If you wish to receive a paper copy of any Disclosure, or any transaction receipt, you may request a copy of the Disclosure or receipt within 180 days of the date of the Disclosure or receipt. Avi will provide paper copies free of charge. Requests to receive any paper copy, or to withdraw your consent to future electronic Disclosures, may be made by mailing a written request to Avi Technologies Inc., Attn: Legal Department, New York, New York, United States, 10006. Requests to cancel your consent to future electronic Disclosures will be completed in a reasonable time. Avi reserves the right to terminate your Avi account if you withdraw consent to future electronic Disclosures. You may update the information required to contact you electronically using a Avi App.3.2. Consent to Communications and Contact. By registering a Avi account and/or making any purchase or booking using the Services, you consent to be contacted by Avi, and/or by the third-party provider of the travel services booked, electronically, including via email, phone, SMS, in-app messaging, or other available digital messaging service, for any purpose related to your use of the Apps or Services, and/or any bookings or other purchases made by you via the Apps or Services.3.3. Your computer and/or mobile device must be connected to the internet to access the Apps and Services and to make and receive communications to/from Avi, including to contact Avi customer service team within the Apps. You are responsible for making all arrangements necessary for your device to have internet connectivity and are responsible for all third-party charges related to such access and/or the transmission and receipt of data.3.4. When you make a booking with Avi, you agree that all communications to Avi customer Support team related to your booking will be made within the Avi App used to make the booking, via in-App messaging and/or chat functionality, except for communications in other channels, such as phone, SMS, or email, that may be initiated by Avi.

4. Avi Predictions and Sort Order

4.1. Avi price prediction Services and notifications provide a powerful tool to assist you in finding the best time to book travel and save money. Avi works hard to ensure the accuracy of its predictions based on past data and current trends. However, forecasting price movements in a highly competitive, unpredictable global market has inherent limitations, and no prediction tool can be 100% accurate. Accordingly, while Avi believes strongly in the accuracy of its predictions, Avi does not guarantee their accuracy, and shall not be liable for any reliance upon them, except as expressly set forth in the terms of any Avi product purchased by you.4.2. When you search for flights in the Avi Apps, Avi provides you a number of options for displaying, filtering, and sorting the results.4.2.1. Avi’s default flight search results provide you first with an identification of the flights identified by Avi’s algorithms as “Recommended,” including for example as “Best Flight,” “Best Quality,” “Cheapest” or “Fastest.” Avi uses a number of factors to identify a “Recommended” flight, and Avi’s recommendation algorithms are not impacted by any fees paid to Avi.

5. Third-Party Travel Services

5.1. The Avi Apps and Services provide access to travel information, such as flight pricing and availability, features and amenities, and terms and conditions, provided and maintained by third-parties. These third-party providers are independent contractors and not agents of Avi. Your contract for these travel services is with the third-party provider, and not with Avi. While Avi works hard to ensure correctness, Avi cannot verify, and is not responsible for, the accuracy of information provided by third parties regarding their respective services. Avi also is not liable for the acts, errors, delays, omissions, representations, warranties, breaches, bankruptcy, or negligence of any such third-party providers or for any personal injuries, death, property damage, or other damages or expenses resulting from third-party provided services. Avi is not responsible to make any refund in the event of any delay, failure, breach, cancellation, overbooking, strike, force majeure, or other causes beyond Avi’s direct control. By offering third-party travel services for booking via the Avi Apps and Services, Avi does not endorse, or make any representation or warranty about, the quality of any service provider.5.2. The purchase of third-party travel products and services through the Apps or Services, and entitlement to cancellation or refunds for such services, will be governed by and subject to additional terms and conditions from such providers, and subject to laws and regulations imposed by government entities, and you agree to abide by all such terms, laws, and regulations. Where possible, Avi will make these terms available to you. However, additional applicable terms may be provided on the third-party provider’s website. Please read these additional provider terms and conditions carefully prior to purchase from any third-party service provider using the Avi Apps and Services, and ensure that you understand the full terms applicable to your airfare or other third-party service. If you make bookings on behalf of another person(s) with their authorization, you agree that you will inform such other person(s) about these Terms and any third-party terms, rules and restrictions that apply to the bookings made on their behalf. You understand and agree that any violation of third-party terms of service may result in a cancellation of your bookings, denial of service, and forfeit of any amounts paid. Avi is not responsible for any damages resulting from your violation of third-party terms.5.3. Air Bookings: Air travel bookings are only guaranteed once the purchase has been completed and the tickets have been issued, as confirmed to you by Avi by email and/or through in-app messaging following your purchase. In some cases, it may take up to 48 hours for your confirmed Avi booking to be reflected in the carrier’s ticketing system. Until such time, you may not be able to view information about your reservation on the carrier’s website.5.3.1. Multi-Ticket Travel. Avi may offer you the opportunity to book air travel by combining multiple one-way tickets, on one or more airlines, instead of a single one-way or roundtrip ticket. Combining one-way tickets in this manner may provide a greater choice of flights, at lower cost. However, each one-way ticket in your journey will be subject to its own airline rules, restrictions, and fees. For such travel, if one of your flights is impacted by a flight irregularity (e.g., an airline-initiated cancelation, delay or schedule change) and such irregularity may cause you to miss your departure for another flight on which you are separately ticketed, the airline for that other flight is under no obligation to re-accommodate you, and you remain responsible for any charges due to changes (if permitted) to the routing, travel dates or times, or carriers, for the portion of your journey covered by such separate ticket(s). Some tickets may not be eligible for passenger-initiated changes under applicable fare rules, and “no-showing” for a flight may result in the ticket being canceled and losing all remaining value.5.3.2. International Air Travel. You are solely responsible for ensuring that you meet all of the entry requirements imposed by governmental authorities at your destination(s), including countries you may just be transiting through, including health and passport/visa requirements, and that your travel documents, such as passports and visas (transit, business, tourist, and otherwise), are in order. Avi does not provide advice regarding entry requirements for any destination. You must consult the appropriate embassy or consulate for such information. Requirements may change and you should check for up-to-date information before booking and departure. Avi is not responsible if you are refused entry onto a flight or into any country due to your failure to satisfy any entry requirements. BY OFFERING RESERVATIONS FOR TRAVEL PRODUCTS IN PARTICULAR DESTINATIONS, AVI DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH AREAS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.5.3.3. Advice to International Passengers on Limitations of Liability. PASSENGERS EMBARKING UPON A JOURNEY INVOLVING AN ULTIMATE DESTINATION OR A STOP IN A COUNTRY OTHER THAN THE COUNTRY OF DEPARTURE ARE ADVISED THAT THE PROVISIONS OF AN INTERNATIONAL TREATY (THE WARSAW CONVENTION, THE 1999 MONTREAL CONVENTION, OR OTHER TREATY), AS WELL AS A CARRIER’S OWN CONTRACT OF CARRIAGE OR TARIFF PROVISIONS, MAY BE APPLICABLE TO THEIR ENTIRE JOURNEY, INCLUDING ANY PORTION ENTIRELY WITHIN THE COUNTRIES OF DEPARTURE AND DESTINATION. THE APPLICABLE TREATY GOVERNS AND MAY LIMIT THE LIABILITY OF CARRIERS TO PASSENGERS FOR DEATH OR PERSONAL INJURY, DESTRUCTION OR LOSS OF, OR DAMAGE TO, BAGGAGE, AND FOR DELAY OF PASSENGERS AND BAGGAGE.ADDITIONAL PROTECTION CAN USUALLY BE OBTAINED BY PURCHASING INSURANCE FROM A PRIVATE COMPANY. SUCH INSURANCE IS NOT AFFECTED BY ANY LIMITATION OF THE CARRIER’S LIABILITY UNDER AN INTERNATIONAL TREATY. FOR FURTHER INFORMATION PLEASE CONSULT YOUR AIRLINE OR INSURANCE COMPANY REPRESENTATIVE.5.3.4. Notice of Contract Terms Incorporated by Reference. Your contract of carriage with the carrier that provides you with carriage by air, whether international, domestic or a domestic portion of an international journey is subject to this notice; to any notice or receipt of the carrier; and to the carrier’s individual terms and conditions (Conditions), related rules, regulations and policies (Regulations) and any applicable tariffs If your carriage is by more than one carrier, different Conditions, Regulations and any applicable tariffs may apply for each carrier. The Conditions, Regulations and any applicable tariffs of each carrier are, by this notice, incorporated by reference into and made part of your contract of carriage. The Conditions may include, but are not restricted to: (a) Conditions and limits on the carrier’s liability for the bodily injury or death of passengers; (b) Conditions and limits on the carrier’s liability for the loss of, damage to or delay of goods and baggage, including fragile or perishable goods; (c) rules for declaring a higher value for baggage and for paying any supplementary fee that may apply; (d) application of the carrier’s Conditions and limits of liability to the acts of the carrier’s agents, servants and representatives, including any person providing either equipment or services to the carrier; (e) claims restrictions, including time limits by which passengers must file claims or bring actions against the carrier; (f) rules about reconfirmations or reservations; check in times; the use, duration and validity of air transportation services; and the carrier’s right to refuse carriage; (g) rights of the carrier and limits on the carrier’s liability for delay or failure to perform a service, including schedule changes, substitution of alternative carriers or aircraft and re-routing, and, when required by applicable law, the obligation of the carrier to notify passengers of the identity of the operating carrier or substituted aircraft; and (h) rights of the carrier to refuse carriage to passengers who fail to comply with applicable laws or who fail to present all necessary travel documents.You can obtain additional information on items (a) through (h) above and about your contract of carriage (including how to request a copy thereof) at places where transportation on the carrier is sold. Many carriers also have this information on their websites. When required by applicable law, you have the right to inspect the full text of your contract of carriage at the carrier’s airport and sales offices, and upon request, to receive a copy by mail or other delivery service from each carrier free of charge. If a carrier sells air transportation services or checks baggage specifying carriage on another carrier, it does so only as agent for the other carrier.5.3.5. Itinerary Changes/Cancelations. Itinerary changes or cancelations you request (i.e., voluntary refunds), if permitted under the airline fare rules applicable to your ticket, may be subject to airline-imposed fees in addition to any fare differential at re-ticketing. Such fees vary by airline. Your airline may permit a portion of the fare paid for an unused nonrefundable ticket to be applied toward the purchase of future travel. For many airlines, tickets not changed or canceled prior to departure have no remaining value.All subscription fees paid to Avi are non-refundable. This includes any service fees or other charges associated with the subscription. By initiating a subscription with Avi, you agree to this policy and acknowledge that you will not be entitled to a refund for any fees paid. Please note that this policy applies to all subscription levels. If you have any questions or concerns regarding this policy, please contact us at support@flywithavi.com.5.3.6. Tax Refunds. In case of a no-show or cancellation of an air booking, you may be entitled to a refund of government taxes and fees included in the price of the ticket purchased. Where you are eligible for a refund, you can request such a refund from Avi customer service, who will submit your request to the airline on your behalf.5.3.7. EU Traveler Rights. If you are traveling into or out of the European Union, or on an EU-based airline, you may have rights if your flight is cancelled, delayed or you are denied boarding. Please consult Regulation (EC) 261/2004 for more information.5.3.8. Hazardous Materials. Federal law forbids the carriage of hazardous materials aboard aircraft in your luggage or on your person. A violation can result in five years' imprisonment and penalties of $250,000 or more (49 U.S.C. 5124). Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives, and radioactive materials. Examples: Paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radiopharmaceuticals. There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in your luggage, spare lithium batteries and certain smoking materials carried on your person. Certain items are required to be carried with you onboard the aircraft. Spare lithium batteries and cigarette lighters must be removed from checked or gate-checked baggage and carried onboard the aircraft.5.3.9. Airline Prohibited Practices. The circumvention of an air carrier’s rules, including practices such as back-to-back ticketing (booking two or more tickets with overlapping travel dates in order to circumvent minimum stay requirements) and hidden-city, point beyond or throwaway ticketing (booking tickets that include segments you do not intend to use in order to circumvent an air carrier’s pricing structure), is prohibited by many air carriers. You agree that you will not use the Apps or Services to engage in these or similar activities if prohibited by an airline. CARRIERS RESERVE THE RIGHT TO REFUSE CARRIAGE TO ANY PERSON WHO HAS ACQUIRED A TICKET IN VIOLATION OF APPLICABLE LAW OR THE CARRIER’S TARIFFS, RULES, OR REGULATIONS.5.3.10. Required Information. The Transportation Security Administration (TSA), part of the U.S. Department of Homeland Security, requires Avi to collect information from you for purposes of watch list screening, pursuant to 49 U.S.C. Sec. 114, and the Intelligence Reform and Terrorism Prevention Act of 2004. TSA may share information you provide with law enforcement or intelligence agencies or others under its published system of records notice. For more information, please see www.tsa.gov.5.3.11. Data Transfer. GOVERNMENTS MAY REQUIRE YOUR AIRLINE TO PROVIDE INFORMATION ON OR PERMIT ACCESS TO PASSENGER DATA, INCLUDING INFORMATION WE MAY BE REQUIRED TO COLLECT FROM YOU DURING THE RESERVATION PROCESS.5.3.12. U.S. Notice – Overbooking of Flights. Airline flights may be overbooked, and there is a slight chance that a seat will not be available on a flight for which a person has a confirmed reservation. If the flight is overbooked, no one will be denied a seat until airline personnel first ask for volunteers willing to give up their reservation in exchange for a payment of the airline’s choosing. If there are not enough volunteers the airline will deny boarding to other persons in accordance with its boarding priority. With few exceptions persons denied boarding involuntarily are entitled to compensation. The complete rules for the payment of compensation and each airline’s boarding priorities are available at all airport ticket counters and boarding locations. Some airlines do not apply these consumer protections to travel from some foreign countries although other consumer protections may be available. Check with the airline or your travel agent.5.3.13. Baggage. Excess valuation may be declared on certain types of articles. Carriers may apply special rules for fragile, valuable, or perishable articles. Check with your carrier. Checked Baggage: Carriers may permit a free checked baggage allowance, which is set by the carrier and may differ by class, and/or route. Carriers may apply extra charges for checked baggage in excess of their permitted allowance. Check with your carrier. Cabin (Unchecked) Baggage: Carriers may permit a free cabin baggage allowance, which is set by the carrier and may differ by class, route, and/or aircraft type. It is recommended that cabin baggage be kept to a minimum. Check with your carrier. If more than one carrier is providing the transportation for your journey, each carrier may apply different rules on baggage (both checked and cabin). SPECIAL BAGGAGE LIABILITY LIMITATIONS FOR U.S. TRAVEL: For domestic travel wholly between U.S. points, federal rules require any limit on a carrier’s baggage liability to be at least US $3,800 per passenger, or the amount currently mandated by 14 CFR § 254.5.5.3.14. Check-In Times. The time shown on the itinerary/receipt is the departure time of the aircraft. Flight departure time is different from the time you must check-in or the time you must be available for boarding. Your carrier may refuse you carriage if you are late. Check-in times, as advised by your carrier, are the latest times at which passengers can be accepted for travel; boarding times, as advised by your carrier, are the latest times at which passengers must present themselves for boarding. Flights cannot be held for late-arriving passengers, and Avi accepts no responsibility in such cases.5.3.15. Aircraft Disinsection. Some countries may require aircraft cabin insecticide treatment for in-bound foreign flights. A list of such countries is available at https://www.transportation.gov/airconsumer/spray.5.3.16. Sequence of Travel. Airlines require passengers to travel as per the itinerary shown on their ticket, from the place of departure via any agreed connecting points to their final destination, and vice versa. If all the segments are not used in sequence, the ticket as a whole will lose its validity in most circumstances.5.3.17. Avi may receive commissions or other financial incentives from air carriers in connection with your air booking via the Ser

6. Intellectual Property

6.1. The App(s) and Services downloaded or accessed by you pursuant to these Terms, including without limitation all of the text, images, sound, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content contained therein, and all software, source or object code, systems, data, and algorithms embodied in or supporting the Apps or Services, or otherwise used by Avi to deliver the Apps or Services, and all intellectual property rights therein including without limitation patent, copyright, trademark rights (collectively, the “Avi Property”), is the sole and exclusive property of Avi and/or of third parties provided under license to, or used with permission by, Avi, and is protected under United States, Canada, and international laws. Avi reserves all rights in the Avi Property, including without limitation copyright, trademark, patent, and trade secret rights, and no rights in such Avi Property are granted except as expressly provided herein. You are hereby granted a limited, personal, non-exclusive, non-transferrable, non-sublicensable, and revocable right to access, download, and use the Avi Apps and the Services solely for the purposes expressly authorized by these Terms, provided that you comply with these Terms.6.2. Trademarks. The marks “Avi,” are registered or unregistered trademarks of Avi, protected under the laws of the United States, Canada, and other countries around the world, and may not be used in connection with any service or products other than those provided by or expressly authorized by Avi, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Avi. The Apps and Services may also incorporate protected trademarks of third parties, and the use of such trademarks does not constitute an affiliation, endorsement, or sponsorship of Avi by any third party.6.3. Third-Party Property. The Avi Apps and Services feature the trademarks, service marks, images, logos, and data of third parties, including those of Avi’s third-party travel service partners (“Third-Party Property”). Each third-party owner retains all rights in such Third-Party Property. Any use of such Third-Party Property provided or displayed in any App, inures solely to the benefit of their respective owners. Avi’s use of such Third-Party Property does not imply any affiliation or relationship between Avi and the third party nor any endorsement of Avi or the Apps or Services by such third party.6.4. Use of Research Data. Your use of the research data found at media.flywithavi.com/research or that we make available by other means or at other physical or electronic locations, including without limitation any data, databases, reports, whitepapers, analysis, or compilations produced and/or distributed by Avi ("Research Data") is governed additionally by the terms of this Section. Avi grants to you a non-exclusive, limited, non-transferrable, non-sublicensable, and revocable right to use, reproduce, display, and redistribute Research Data subject to your compliance with the following terms. You must cite Avi as the source of any Research Data in any publication which you produce that includes, quotes, or relies on Research Data in any way. If your publication is in electronic format, you must link to flwithavi.com and any existing backlinks. Apart from crediting Avi as the Source of the Research Data, you must not use any Avi trademarks or any confusingly similar variants. You must not claim or imply that any Avi entity endorses your use of the Research Data or the conclusions or derivative works which you might create. You acknowledge that the Research Data is being provided on a "AS IS” basis. Avi does not warrant that data and publications will be error-free or complete, and cannot assume responsibility for your use of or reliance upon the Research Data. You acknowledge our right to alter, delete, or withdraw Research Data at any time without prior notice. You acknowledge that we maintain all right, title, and interest, including ownership, to all Research Data.6.5. Digital Millennium Copyright Act. Avi respects the intellectual property of others. If you believe that your copyrighted work has been copied and is accessible in a Avi App or through our Services in a way that constitutes copyright infringement, please provide Avi with notification containing the following information required by the Digital Millennium Copyright Act, 17 U.S.C. §512 (“DMCA”) to Avi, Attention: Legal Department, New York, New York, United States, 10006:Information reasonably sufficient to permit us to contact the party alleging infringement, including an email address;Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works allegedly have been infringed, then a representative list of such copyrighted works;Identification of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the allegedly infringing material, e.g., the specific web page address or App screenshot;A statement that the party alleging infringement has a good-faith belief that use of the copyrighted work in the manner complained of is not authorized by the copyright owner or its agent, or is not otherwise permitted under the law;A statement that the information in the notification is accurate, and under penalty of perjury, that the party alleging infringement is authorized to act on behalf of the copyright owner of the work that allegedly has been infringed; andA physical or electronic signature of a person authorized to act on behalf of the copyright owner certifying the statements and information provided.UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.6.6. Feedback. You have no obligation to provide Avi with ideas, suggestions, recommendations, enhancement requests, testimonials, endorsements, product reviews or information regarding your experience using Avi’s Apps or Services (“Feedback”). However, if you submit Feedback to or about Avi, either directly or indirectly via a third-party review site or a survey initiated by Avi, then you grant to Avi a non-revocable, non-exclusive, worldwide, royalty-free license that is sub-licensable and transferable, to make, use, reproduce, publicly display, distribute, sell, modify or publicly perform the Feedback in any manner without any obligation, royalty or restriction based on intellectual property rights or otherwise.

7. Avi Credits

7.1. Avi Credits. By using the Avi Apps and Services, you may receive or earn, or be offered the choice or chance to receive or earn, Avi Credits value, discounts, rewards, vouchers, and/or incentives (herein referred to as “Avi Credits”), that can only be redeemed by you for certain future bookings and/or purchases via the Apps and Services. Avi Credits is a temporary incentive provided to you for loyalty, award or promotional purposes that may only be redeemed toward certain qualifying purchases by you via the Apps and Services. Available Avi Credits (including Vouchers as explained below) will be displayed in the wallet section of the App, accessible by clicking the wallet icon on from the home screen (“Avi Wallet”). The receipt and use of any Avi Credits shall be subject to the terms and conditions set forth herein and any rules and restrictions communicated to you at the time of the offer, issuance, award, grant, and/or receipt of Avi Credits, in terms and conditions applicable to any Avi product or service that awards you Avi Credits, and/or as displayed in your Avi Wallet in connection with each of the Avi Credits rewards granted to you (“Rules”).7.2. Avi Rewards. The Avi Apps and Services may offer you Avi Credits in connection with qualifying purchases and bookings (for example, 1.0% back on flights) (“Avi Rewards”). Avi Rewards awarded in connection with a booking will be available for use on the Apps (i) after 48 hours from the time of booking for any bookings paid in advance; (ii) upon the completion of your booking for any bookings paid at the time of arrival and/or use, in each case except as otherwise provided within the Apps and Services for any booking; (iii) or immediately upon purchase for certain transactions. Avi Rewards awarded in connection with a booking that is later canceled will be removed from your Avi Wallet upon cancellation of the booking. Notwithstanding any representation in the Apps and Services, the maximum available Avi Rewards that may be offered, earned, or awarded in connection with any booking transaction will be US$650. Avi Rewards may be accumulated in your Avi Wallet with Avi Rewards received in connection with other qualified bookings or purchases. Your accumulated balance of Avi Rewards may only be redeemed for future qualified purchases on the Apps but may not be combined with other Avi. A user’s accumulated Avi Rewards will be available for use for six (6) months from the date of the last transaction for which Avi Rewards were applied or awarded (“Rewards Expiration Date”), provided that Avi Rewards granted in connection with certain purchases will have no expiration date, as set forth expressly at the time of purchase. Except as expressly provided otherwise at the time of purchase, the Rewards Expiration Date applies to all Avi Rewards. Any Avi Reward not applied prior to the Rewards Expiration Date will be terminated and unavailable for future use.7.3. Avi Vouchers. The Avi Apps and Services may offer you: (i) the choice to receive refunds of travel services or Avi services due to you as Avi Credits; or (ii) Avi Credits in connection with the terms and conditions of certain purchased Avi services (e.g., Avi Refundable Fares); and/or (iii) special offers or promotions applicable to certain qualifying purchases (collectively, “Avi Vouchers”). Avi Vouchers may only be applied to future qualified purchases on the Apps, subject to restrictions set forth at the time of receipt and/or in your Avi Wallet, but may not be combined with other Avi Vouchers, Avi Rewards, or other Avi Credits. Each Avi Voucher may be redeemed for one transaction only, irrespective of the amount of the Avi Voucher. Any portion of the value of a Avi Voucher in excess of the transaction to which the Avi Voucher is redeemed will expire and be unavailable for future use. Avi Vouchers will be available for use only for the limited time period as specified at the time of receipt and/or in your Avi Wallet (“Voucher Expiration Date”). Any Avi Voucher not redeemed prior to the Voucher Expiration Date will be terminated and unavailable for future use. Limited Time Vouchers are subject to the same terms as set forth above for Avi Vouchers, but typically have limited availability and may be withdrawn by Avi at any time subject to availability limits as determined in Avi’s sole discretion.7.4. Avi Credits Restrictions. All Avi Credits is non-transferrable. The Rules applicable to Avi Credits may include: restrictions on the nature of the products, services, and fees to which Avi Credits may be applied; restrictions on the ability to combine Avi Credits with other promotions or discounts; restrictions on the eligibility of users to receive and apply Avi Credits, and restrictions on availability of offered Flash Deals. Avi reserves the right to make changes to these Avi Credits terms and/or any applicable Rules for any Avi Reward, Avi Voucher, or Avi Credits Flash Deal at any time, as determined in Avi’s sole discretion.7.5. No Cash Value. Avi Credits may not be redeemed or exchanged for cash and has no cash value. You have no property interest in Avi Credits. If not redeemed on the Apps for a qualifying purchase within the time frame specified within the applicable Rules, the Avi Credits will expire. Avi may choose to discontinue a published, offered, or granted Avi Credits Flash Deal or any other incentive offer or promotional program at any time in Avi’s sole discretion. If your use of the Apps or Services is suspended or terminated by Avi for any reason, all Avi Credits will expire immediately. Avi is not obligated to compensate you for any value associated with expired or discontinued Avi Credits incentives or promotions.7.6 Redemption. At the time of a qualified transaction using the Apps and Services, you will have the option to redeem and/or apply Avi Rewards, a single Avi Voucher, or a Avi Credits Flash Deal applicable to your purchase. If the redeemed/applied Avi Credits amount is less than the total transaction amount, you authorize Avi to charge your linked Payment Instrument in your Avi User account for the remaining transaction amount.7.7. No Warranties. Avi disclaims all express or implied warranties, including warranties of merchantability or fitness for a particular purpose, as to Avi Credits, to the extent permitted by law.7.8. Corrections and Disputes. Avi reserves the right to adjust the balance of any Avi Reward, Avi Voucher, or Avi Credits Flash Deal in the event of a clerical, billing, or accounting error as determined in Avi’s sole discretion. Transactions or corrections concerning Avi Credits may be disputed by contacting Avi Support within 60 days of the disputed transaction or correction.7.9. Avi Credits Unauthorized Use. Avi is not responsible for any unauthorized redemption of Avi Credits associated with your Avi User Account. You are solely responsible for loss or unauthorized use of any device from which your Avi App and User Account may be accessible. To help secure your Avi Credits, do not share access to your Avi User Account with others. If you suspect that someone has accessed your account and/or redeemed your Avi Credits without authorization, contact Avi Support at support@flywithavi.com, immediately.

8. Disclaimer of Warranties

8.1. The Avi Apps and Services, including without limitation Avi’s price predictions and recommendations, are provided on a “AS IS” and “AS AVAILABLE” basis. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, AVI DISCLAIMS, WITH RESPECT TO THE APPS, THE SERVICES, AND ALL CONTENT THEREIN, ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Avi does not warrant that the Apps or Services will operate error-free or without downtime. Avi may pause or interrupt the Apps or Services at any time, and users should expect periodic downtime for updates. Avi does not warrant or make any representations regarding the use or the results of the Apps or Services in terms of their correctness, accuracy, reliability, timeliness, completeness, or otherwise, including, without limitation, the safety, quality, and/or timing of any travel service purchased from third parties via the Services. Avi shall not be liable for delay, damage, or failure in performance resulting from causes beyond Avi reasonable control, including, without limitation, delays, and other problems inherent in the use of the internet and electronic communications, force majeure, or the actions or omissions of third parties. All content in the Apps and Services is provided for informational purposes only. Reliance on any information provided through the Apps or Services is solely at your own risk, including, without limitation, third-party travel services information, and Avi predictions and recommendations. While unanticipated, errors and bugs may occur in the Apps and Services from time to time that may impact your booking. This may result in incorrect pricing or other offers. Avi reserves the right to correct any pricing errors in the Apps or Services and/or pending reservations made under an incorrect price, and it is in Avi’s sole discretion to honor any incorrect pricing error.8.2. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THESE ABOVE EXCLUSIONS MAY NOT FULLY APPLY TO YOU.

9. Limitations of Liability

9.1. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL AVI BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, REPUTATION, USE, OR OTHER ECONOMIC ADVANTAGE), EVEN IF AVI HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF A WARRANTY, CONTRACT, NEGLIGENCE, TORT, OR OTHER ACTION THAT IN ANY MANNER ARISES OUT OF OR IN CONNECTION WITH THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE APPS OR SERVICES. AVI ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, AIR TRAVEL, OR OTHER TRAVEL SERVICE OR MATERIAL AVAILABLE ON OR THROUGH THE APPS OR SERVICES, OR VIA ANY THIRD-PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THE APPS.THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EXCEPT WHERE PROHIBITED BY LAW IN NO EVENT SHALL AVI’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN WARRANTY, CONTRACT, OR TORT EXCEED (A) THE AMOUNT PAID BY YOU TO AVI OR A THIRD-PARTY TRAVEL SERVICE PROVIDER VIA THE SERVICES, IF ANY, OR (B) $1,000 (WHICHEVER IS GREATER). IN NO EVENT SHALL AVI BE LIABLE FOR ANY FAILURE TO COMPLY WITH THESE TERMS, OR FAILURE TO PROVIDE THE APPS OR SERVICES, TO THE EXTENT THAT SUCH FAILURE ARISES FROM FACTORS OUTSIDE AVI’S REASONABLE CONTROL.9.2. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.9.3. YOU AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS SECTION ARE MATERIAL, BARGAINED-FOR BASES OF THESE TERMS, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY HEREUNDER AND IN THE DECISION BY EACH PARTY TO CONTRACT WITH THE OTHER. YOU AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF SERVICE ARE FAIR AND REASONABLE. EXCEPT AS MAY BE OTHERWISE PROVIDED FOR IN THIS SECTION, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE AVI APPS AND SERVICES.9.4. IMPORTANT NOTE TO NEW JERSEY CONSUMERS: IF YOU ARE A CONSUMER RESIDING IN NEW JERSEY, THE FOLLOWING PROVISIONS OF THESE TERMS OF USE DO NOT APPLY TO YOU (AND DO NOT LIMIT ANY RIGHTS THAT YOU MAY HAVE) TO THE EXTENT THAT THEY ARE UNENFORCEABLE UNDER NEW JERSEY LAW: (A) THE DISCLAIMER OF LIABILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND (FOR EXAMPLE, TO THE EXTENT UNENFORCEABLE UNDER THE NEW JERSEY PUNITIVE DAMAGES ACT, NEW JERSEY PRODUCTS LIABILITY ACT, NEW JERSEY UNIFORM COMMERCIAL CODE, AND NEW JERSEY CONSUMER FRAUD ACT); (B) THE LIMITATION ON LIABILITY FOR LOST PROFITS OR LOSS OR MISUSE OF ANY DATA (FOR EXAMPLE, TO THE EXTENT UNENFORCEABLE UNDER THE NEW JERSEY IDENTITY THEFT PROTECTION ACT AND NEW JERSEY CONSUMER FRAUD ACT); (C) APPLICATION OF THE LIMITATIONS OF LIABILITY TO THE RECOVERY OF DAMAGES THAT ARISE UNDER CONTRACT AND TORT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY (FOR EXAMPLE, TO THE EXTENT SUCH DAMAGES ARE RECOVERABLE BY A CONSUMER UNDER NEW JERSEY LAW, INCLUDING, WITHOUT LIMITATION, THE NEW JERSEY PRODUCTS LIABILITY ACT); AND (D) THE MASSACHUSETTS GOVERNING LAW PROVISION (FOR EXAMPLE, TO THE EXTENT THAT YOUR RIGHTS AS A CONSUMER RESIDING IN NEW JERSEY ARE REQUIRED TO BE GOVERNED BY NEW JERSEY LAW).9.5. With respect to any unauthorized, fraudulent transaction conducted using your Avi account, absent any violation of these Terms by you, your right to reimbursement for any direct losses (i.e., losses not refunded by your Payment Instrument issuing entity) as set forth herein shall be your sole and exclusive right and remedy for any loss or damages incurred by you arising out of, in connection with, or relating to any fraudulent or unauthorized use of your Avi account, and Avi may condition its payment of any fraud or unauthorized use reimbursement upon your releasing Avi from any further claims with respect thereto.9.6. An action or proceeding relating to any claim arising out of the Apps or Services must commence pursuant to Section 11.1 within the shorter of the applicable statute of limitations or one year after the cause of action has accrued, or it shall be waived.

10. Indemnification

If you use the Apps or Services for commercial purposes and/or to make travel bookings on behalf of any third person or party, you agree to indemnify and hold harmless Avi and its officers, directors, employees, agents, and affiliated companies against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including reasonable legal and accounting fees, caused by, arising out of, or related to your use of the Apps or Services, breach of these Terms, or the use of any products or services purchased via the Apps or Services.

11. Dispute Resolution; Arbitration; Waiver of Rights

11.1. ARBITRATION AND CLASS ACTION WAIVER. You agree that all claims, disputes, or disagreements that may arise out of the interpretation of or performance under these Terms, any payments to Avi, or otherwise related in any way to your use of the Apps or Services and/or the content therein, shall be submitted exclusively to binding arbitration, except that each party retains: (i) the right to bring an individual action in small claims court for disputes and actions within the scope of such court’s jurisdiction; and (ii) the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. Arbitration means that an arbitrator and not a judge or jury will decide the claim. Rights to prehearing exchange of information and appeals may also be limited in arbitration. YOU ACKNOWLEDGE AND AGREE THAT YOU AND AVI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY. You further acknowledge and agree that you waive your right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Avi otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this class action waiver is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.11.2. Arbitration Rules. Any arbitration will be administered by the American Arbitration Association ("AAA"). Except as modified by this “Dispute Resolution” provision, the AAA will administer the arbitration in accordance with either (A) the Commercial Arbitration Rules then in effect, or (B) the Consumer Arbitration Rules then in effect if the matter involves a “consumer agreement” as defined by Consumer Arbitration Rule R-1 (together, the "Applicable AAA Rules"). (The Applicable AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879). The Federal Arbitration Act will govern the interpretation and enforcement of this entire “Dispute Resolution” provision.11.3. Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the Applicable AAA Rules. (The AAA provides applicable forms for Demands for Arbitration at https://www.adr.org/sites/default/files/DemandforArbitration0.pdf (Commercial Arbitration Rules) and https://www.adr.org/sites/default/files/ConsumerDemandforArbitrationForm1.pdf (Consumer Arbitration Rules), and a separate affidavit for waiver of fees for California residents only is available at https://www.adr.org/sites/default/files/AAA%20Affidavit%20for%20Waiver%20of%20Fees%20Notice%20California%20Consumers.pdf.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the county in which you reside and will be selected in accordance with the Applicable AAA Rules. If the parties are unable to agree upon an arbitrator within fourteen (14) days of the AAA’s notice to the parties of its receipt of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.11.4. Arbitration Location and Procedure. Unless you and Avi otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Avi submit to the arbitrator, unless you request a hearing, or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the Applicable AAA Rules. Subject to the Applicable AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.11.5. Arbitrator's Decision. The arbitrator will render an award within the time frame specified in the Applicable AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award of damages and/or other relief must be consistent with the terms of the "Limitations of Liability" section above as to the types and the amounts of damages or other relief for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide the relief warranted by the claimant's individual claim. If the arbitrator determines that you are the prevailing party in the arbitration, and only if authorized under applicable law, the arbitrator may award reasonable attorneys' fees and expenses. Avi will not seek, and hereby waives, all rights Avi may have under applicable law to recover attorneys' fees and expenses if Avi prevails in arbitration unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).11.6. Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the Applicable AAA Rules. However, if your claim for damages does not exceed $25,000, Avi will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).11.7. Changes. Avi reserves the right to change this "Dispute Resolution" section, but any such changes will not apply to disputes arising before the effective date of such amendment. Notwithstanding the provisions of the modification-related provisions above, if Avi changes this "Dispute Resolution" section after the date you first accepted the Terms (or accepted any subsequent changes to these Terms), you agree that your continued use of the Apps or Services after such change will be deemed acceptance of those changes. If you do not agree to such change, you may reject any such change by providing Avi written notice of such rejection by mail or hand delivery to: Avi, Attn: Legal Department, New York, New York, United States, 10006 or by email from the email address associated with your account to: legal@flywithavi.com, within 30 days of the date such change became effective, as indicated herein. To be effective, the notice must include your full name and clearly indicate your intent to reject changes to this "Dispute Resolution" section. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Avi in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms, as applicable).

12. Additional Terms

These Terms constitute the entire agreement of the parties as to its subject matter, and supersede all prior written and oral representations and discussions between the parties. The Terms shall be governed by the laws of the State of New York without reference to principles of conflicts of laws, except as otherwise provided above in Section 11. No delay or omission by Avi in exercising any of its rights occurring upon any noncompliance or default by you with respect to these Terms will impair any such right or be construed to be a waiver thereof, and a waiver by Avi of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. You may not assign any of your rights arising under these Terms without Avi’s written consent. Except as provided in Section 11 above (Dispute Resolution), if any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, then these Terms will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. The provisions of these Terms are entered into for the benefit of Avi and you and there shall be no third-party beneficiaries to these Terms. In the event of a conflict between these Terms and any other Avi agreement, terms, or policy provided to you, directly or indirectly, these Terms shall prevail.

13. Language

You and Avi have agreed that these Terms and all related documents be drawn up in the English language.

14. Updates and Changes

Avi may make changes or updates to these Terms at any time, at its discretion. Avi will provide notice of such changes by publishing an amended version of these Terms within the Apps, and changes shall be effective upon publication. It is your responsibility to monitor the Apps regularly for changes to these Terms. You agree that if you do not agree to any such change, you shall immediately stop using the Apps and Services. Your failure to do so, or continued use of any App or Service, shall constitute agreement to these Terms as so amended, except as provided for under Section 11.7.

• Back to homepage

Privacy Policy

• Last updated March 20, 2023

This Privacy Policy describes the data that Avi collects about you when you use the Avi apps, websites, and services (the “Services”), and how Avi uses and discloses that data. This Notice also explains your rights, including your rights to request information about Avi’s data processing, and/or deletion of your data.First, we want you to know that Avi will never sell your data or information. Avi uses and discloses your data only to provide the Services to you, for example to book your next trip or notify you when we see a deal that you won’t want to miss. Avi works hard to protect your data. If you have any questions about your data, you can always reach our Privacy team by emailing us at legal@flywithavi.com.

1. The Information Avi Collects

A. Information You Provide. When you create a Avi account, you may be required to provide and verify your mobile phone number. To make travel bookings using the Avi Services or to communicate to Avi for other purposes, you may be required to provide additional personal information including, for example, your name, address, email, government identification or third-party rewards numbers, date of birth, gender, and payment information. You may also be required to provide this personal information for any individual(s) on whose behalf you make travel booking(s).B. Your Device. When you use or access Avi Services, Avi receives information about the computers, phones, or other web-connected devices and browsers that you use. The device information Avi receives includes attributes such as the device or browser type, operating system, hardware and software versions, display settings, language, region, currency, and time zone settings, mobile carrier, your IP address, and any device, operating system, or advertising identifiers.C. Your Usage and Transactions. Avi collects information about how you use the Services, such as the flights you watch and the content you view or engage with. Avi also retains records of the travel bookings or other product/service purchases that you make using the Services, and any interactions with Avi’s support team.D. Geolocation Data. Avi receives geolocation data from your device solely for the purpose of populating search fields, such as the “origin airport” field within the flight search section of the app, or to allow you to search for nearby pickup locations within the cars search section of the app. Avi does not retain your geolocation data. You can decline to provide geolocation data using your app settings.E. Cookie Data: When you visit Avi websites, Avi uses “cookies” and/or similar identifying technology on your device(s) to collect data, including cookie IDs, settings, and usage data. Please refer to Avi’s Cookie Statement, as part of Avi’s Supplemental; Privacy Notice attached to this Policy, for more information.F. Microsoft Clarity. We partner with Microsoft Clarity and Microsoft Advertising to capture how you use and interact with our website through behavioral metrics, heatmaps, and session replay to improve and market our products/services. Website usage data is captured using first and third-party cookies and other tracking technologies to determine the popularity of products/services and online activity. Additionally, we use this information for site optimization, fraud/security purposes, and advertising. For more information about how Microsoft collects and uses your data, visit the Microsoft Privacy Statement available at https://privacy.microsoft.com/en-US/privacystatement.

2. How Avi Uses Your Information

A. To Provide, Improve and Personalize the Services. Avi stores and uses the data it collects for the following purposes: (i) to provide and support the Services for you, including by making bookings, supporting your bookings, and notifying you about deals; (ii) to personalize the Services for you, such as by watching or suggesting trips or other products and deciding which products to offer; (iii) to analyze and improve the Services and products, such as by marketing to you and measuring the effectiveness of our marketing; (iv) to develop new products (based on usage trends); (v) to ensure the security of the Services, such as by verifying the validity of an attempted booking or payment, which may also include the use of automated decision-making, for example, in relation to assessing fraudulent transactions or suspicious activity; and (vi) to comply with applicable accounting, legal and regulatory requirements.B. To Communicate with You. Avi also uses the data you provide to communicate with you about your travel bookings, about deals on travel that you are watching or may be interested in, and/or about other Avi products and services that we think you may be interested in. Avi may communicate with you via in-app push notifications, email, phone, SMS, or other messaging means based on contact information that you provide.

3. When Avi Shares Your Information

A. To Make Travel Bookings. When you request to make a travel booking, Avi may share your data to third-party travel service suppliers (such as airlines) and their data-processing partners, and/or to Avi’s third-party travel booking partners (such as a Global Distribution System provider) only as necessary to complete your booking. Avi’s travel-booking partners will use and disclose your data only as necessary to complete your Avi travel booking. Third-party travel service suppliers (such as airlines) that you select are not controlled by Avi, and any data disclosed to them will be subject to that supplier's privacy policy and security practices. Therefore, we encourage you to review the privacy policies of any travel supplier whose products you purchase through Avi.B. To Vendors that Help Avi Provide the Services. Avi works with a number of third-party processing partners who help us provide and improve the Services. These partners include cloud-hosting services, data analytics and processing services, communication management (support) services, technology integration partners, survey partners, and payment and fraud-prevention service providers. These third-party processing partners have access to your data only as necessary to perform their functions for Avi, and they are not permitted to share or use your data for any other purpose. They are also required to follow the same data security practices that Avi employs.C. As Required by Law. Avi may share information with law enforcement and governmental entities, or in response to legal requests, only when necessary, as required by law, or in the good-faith belief that such action is required by law, such as in response to a facially valid judicial, or other governmental entity, order, subpoena or warrant. Avi may also share information with law enforcement if we have a good-faith belief that such disclosure is necessary to detect, prevent and address fraud, unauthorized use of the Services, violations of our terms or policies, or other harmful or illegal activity.D. For Marketing and Analytics Purposes. When you use the Avi Services, Avi may share your device advertising identifier (e.g., IDFA on iOS and GAID on Android) or cookie information, if you have enabled these features in your device settings, with third parties for the purpose of analyzing the effectiveness of Avi marketing activities and/or future marketing activities. You can disable, opt-out, and prevent the sharing of this information in your device or browser settings without impacting your ability to use the Services.

4. Your Rights to Your Personal Information

Avi provides all Users, regardless of your country of residency, with rights to access (receive a copy of), rectify, and/or delete your personal information. You may also object, or withdraw consent, to future processing of your data by Avi. You may make any such requests to Avi by emailing us at legal@flywithavi.com, and by subsequently verifying your identity as requested by Avi. Absent exceptional circumstances, there is no fee for such requests and Avi will respond within thirty (30) days, or otherwise as required by law. Please note that certain Services that require data processing may no longer be available to you following a request for data deletion or cessation of processing. If you are a resident of Canada, California (United States), or the European Union, you may have additional rights under the Personal Information Protection and Electronic Documents Act (PIPEDA), California Consumer Privacy Act of 2018 (CCPA), and General Data Protection Regulation (GDPR), respectively. These rights are explained in our Supplemental Privacy Policy following this notice

5. International Data Transfer

Avi shares information globally within the Avi Companies (as defined in our Terms of Service), including its global subsidiaries, and to the external processing partners and third-party suppliers mentioned above. Your information may, for example, be transferred or transmitted to, or stored and processed by, Avi group entities and/or third-party data processors located in the United States, Canada, or other countries outside of where you live, as necessary for the purposes as described in this Notice and to provide the Services to you. Avi utilizes standard contract clauses, relies on the European Commission's adequacy decisions about certain countries, as applicable, and obtains your consent for these data transfers to the United States and other countries. By using the Services, you consent to these international data transfers.

6. Information About Minors

The Avi Services are not intended for or directed to persons under the age of 16, and we do not knowingly collect personal information from persons under the age of 16 without obtaining parental consent. An adult making a booking on behalf of a person under the age of 16 consents to the collection and use of data about such person. If we learn that personal information has been collected on the Services from persons under 16 years of age and without verifiable consent, then we will take the appropriate steps to delete this information.

7. How Avi Protects Your Information

Avi employs industry standard procedures and other accepted best practices to protect the information that we collect, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Avi therefore cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk. If you believe your personal information has been compromised, please contact us as set forth in the "Contact Us" section below.

8. Non-Covered Privacy Practices

Please note that this Notice does not cover the privacy practices relating to the personal information of job applicants, employees and other Avi personnel. Please refer to those separate websites for applicable privacy policies.

9. Changes to this Policy

Before we make changes to the way we collect, use, and disclose your information, we will make available a revised version of this Notice via the Services. If possible, or where required by law, we will notify you of the change and give you the opportunity to review the revised Notice before you choose to continue using the Services. By continuing to use the Services following publication of any update, you consent to the updated Notice.

10. Contact Us

If you have any questions or comments about this Notice or your personal data, or to make an access, deletion, or correction request, or to exercise any other applicable rights, you can email us at legal@flywithavi.com, or by mail to: Avi Technologies Inc., New York, New York, United States, 10006.

Supplemental Privacy Notice for Residents of Canada, California (U.S.), and the European Union

This Supplemental Privacy Notice (“Notice”) supplements Avi’s Privacy Policy and explains: (1) how Avi collects and uses Personal Information with specific reference to the requirements of the Personal Information Protection and Electronic Documents Act (PIPEDA), California Consumer Privacy Act of 2018 (CCPA), and General Data Protection Regulation (GDPR); and (2) your rights under each of these laws and regulations.

1. Definition of "Personal Information"

Avi uses the Personal Information that it collects from you in accordance with our Privacy Notice, and otherwise in accordance with PIPEDA, CCPA, and GDPR. Avi does not sell your Personal Information. The term “Personal Information,” for purposes of each of the above-referenced Laws, means:

2. Data Controllers

The following Avi group entities function as the Controller for data collected from you in each of the following jurisdictions:

3. Categories of Information Collected, Used, Shared

The table below summarizes the categories of Personal Information Avi may have collected about you over the past 12 months, depending on how you use our Services, as well as how we use it and with whom we may have shared it:

4. Sources of Information

Avi receives Personal Information from you, including information that you provide or from your usage of the Services, and from your device(s). This collection of data is explained in our Privacy Notice. The categories of sources from which we’ve collected or received Personal Information include:

5. Lawful Bases for Processing

Avi collects, uses, processes and discloses personal information based on: (i) the need to process data to carry out Avi’s contractual obligations to you; (ii) your consent, for the uses and purposes set forth in Avi’s Privacy Policy; and/or (iii) based on Avi’s legitimate interest in delivering, improving, and providing the Services, consistent with the purposes for which you provided the data to Avi, where such interest is not overridden by your rights. Avi will store personal information for an indefinite period of time as necessary to continue to provide the Services to you.

6. Consumer Rights - California Residents

If you are a California Resident, you have the following rights under the CCPA:

7. Consumer Rights - Canada Residents

If you are a resident of Canada, you have the right under PIPEDA to request from Avi:

8. Consumer Rights - European Union Residents

If you are a resident of the European Union, you have the following rights under GDPR:

You also have the right to lodge a complaint about Avi’s data practices with a supervisory authority. For more information, you can visit the European Commission's page on Data Protection.

9. Exercising Consumer Rights

You may exercise your rights and make requests for information or deletion by emailing us as legal@flywithavi.com. Please note that to protect your information and the integrity of our Products, we may need to verify your identity before processing your request. In some cases, we may need to collect additional information to verify your identity, such as a government issued ID

10. Cookie Statement

“Cookies” are small pieces of text sent as files to your computer or mobile device when you visit most websites. When you use the Services, cookies may be delivered by Avi (“first-party” cookies) or delivered by a third-party provider (“third-party” cookies). Cookies are either session cookies or persistent cookies. Session cookies enable Avi to recognize and link the actions you take during a single browsing session. Persistent cookies enable Avi to recognize you as an existing user, and these cookies are stored on your system or device until they expire, or until you delete them. Avi also may use other technologies similar to Cookies, including (and all are referred to as “Cookies”):

Types of Information Collected Using Cookies

As explained in Avi’s Privacy Policy, the types of information that we collect through cookies include: IP address; Device ID; Viewed pages; Browser type; Browsing information; Operating system; Internet Service Provider; Whether you have responded to, or interacted with, an advertisement; Referring or referred links or URLs; and Features used and activities engaged in on our sites and in our apps

How we use Data Collected Using Cookies

Avi uses Cookies on the Avi website for a number of reasons, including to: (i) Help us improve your experience when visiting our sites; (ii) Fulfill transactions and ensure our sites perform as intended; (iii) Remember your preferences, such as language, region, or currency; (iv) Provide you with relevant advertising and analyze performance of the ads; (v) Enable you to return to previous travel searches; (vi) Identify errors on our sites; (vii) Help with data protection and potentially detect and investigate malicious or fraudulent activity; (viii) Help us understand traffic to our site, including time and date of the visit, time and date of the last visit, and other information; and (ix) Analyze how well our sites are performing.

Types and Functions of Cookies

Manage your Cookies

You can set or amend your web browser controls to accept or refuse cookies whenever you like, but please remember if you do choose to reject cookies, your access to some of the functionality and areas of our site may be restricted.

Do-Not-Track Signals and Similar Mechanisms

Some web browsers may transmit "do-not-track" signals to sites with which the browser communicates. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether users are even aware of them. Participants in the leading Internet standards-setting organization that is addressing this issue are in the process of determining what, if anything, sites should do when they receive such signals. We currently do not take action in response to these signals. If and when a final standard is established and accepted, we will reassess our sites’ responses to these signals and make appropriate updates to this Cookie Statement.

• Back to homepage