Effective

 

GENERAL

1. Definitions

In the Terms of Service the following defined words, terms, and expressions have the following meanings:

1. “Account”, collectively “Accounts”, means the account the User has to register for to make use of the Platform.

2. “Agreement” means the Terms of Service.

3. “Affiliate” means any party affiliated to ASCENT including without limitation, licensors, parent organizations, subsidiaries, shareholders, directors, officers, members, employees, attorneys, agents, contractors, subcontractors, representatives.

4. “Air Carrier”, collectively “Air Carriers” means such companies holding an air operator certificate issued by the relevant national authority permitting them to deliver the Service to the User for which ASCENT acts as a general sales agent to.

5. ASCENT means Ascent Flights Global Pte. Ltd., registered in Singapore with UEN 201814867E, together with its Affiliates and subsidiaries

6. “ASCENT Credits” means credits which can be purchased by the User, with one (1) credit worth one (1) USD, to book and reserve any Individual Service, Charter Flight and other Ancillary Services in the Platform or via Messaging.

7. “Cancellation Policy” means the cancellation policy of ASCENT, made available on the Platform, amended, supplemented or modified from time to time.

8. “Content” means the content of the Platform which is wholly owned by ASCENT, licensed by ASCENT from third party suppliers or otherwise used by ASCENT with permission or as allowed by law.

9. “Departure” means the departure date and time of the Flight.

10. “Flight”, collectively “Flights”, means an aircraft performing a take-off, landing, and cruise manoeuvre. 

11. “Force Majeure” means acts of God, war (declared or undeclared), acts of terrorism, health or safety public crisis, actual or threatened, hostilities, rebellion, insurrections, any act of any government, any instrumentality or agency thereof, or any legislation, regulations, orders, rules or by-laws, imports or foreign currency restrictions, acquisition of the aircraft by the government, breakdown of or accident to any aircraft, or if the safety of Passenger/s and/or property is deemed by the Carrier to be in jeopardy, or any act or cause reasonably beyond the control of such party.

12. “Messaging” means a way of communication in writing such as but not limited to text messaging or email.

13. “Passenger”, collectively “Passengers”, means a person or a group of people availing of, using the Service.

14. “Personal Data” means the data shared by the User used only in furtherance of the Agreement and for the sole purpose of providing the Service.

15. “Platform”, or “ASCENT Platform”, means the web application www.ascent.flights; and any software or digital media ASCENT owns, develops, makes available and implements to enable the User to get informed about the Service, and purchase the Service, inclusive but not limited to booking system, information and promotion.

16. “Privacy Policy” means the privacy policy of ASCENT made available on www.ascent.flights, amended, supplemented or modified from time to time.

17. “Quotation” means a quotation document elaborated by ASCENT presenting prices of a route requested by the User and applicable terms and conditions.

18. “Seat”, collectively “Seats”, means a helicopter individual seat the User can book and purchase for a Flight.

19. “Service”, collectively “Services”, means Flights or Seats sold by ASCENT acting only as a general sales agent for Air Carriers, made available for procurement directly via ASCENT or on the Platform, arranged and marketed by ASCENT under the trademark ASCENT.

20. “SIAC” is the abbreviation for the Singapore International Arbitration Centre.

21. “Terms of Service” means this document stipulating the general terms and conditions of service applicable to end user that govern the use of the Platform and the Services by the User, the Platform and Services being provided by ASCENT, its successors and permitted assigns (“we”, “us” or “our”). 

22. “Third Party Vendor”, collectively “Third Party Vendors”, means independent third party service providers or vendors that are not employed by ASCENT or any of its Affiliates.

23. “User” or “You” means the individual or corporation who is using the Platform and possibly availing of the Service as a Passenger or/and as a payor of other Passenger(s), paying for the Service, and has accepted the Terms of Service.

24. Unless otherwise provided, the Terms of Service shall similarly apply to reservations for Individual Services, Charter Flight as defined in clause 19., and Ancillary Services as defined in clause 20., including but not limited to the use of the Platform. 

25. BY USING, OPENING, ACCESSING, DOWNLOADING, INSTALLING OR IN ANY WAY INTERACTING ON THE PLATFORM, AND/OR AVAILING OF THE SERVICES, YOU EXPRESSLY ACKNOWLEDGE THAT YOU UNDERSTAND AND ACCEPT THE TERMS OF SERVICE, TOGETHER WITH ANY AND ALL AMENDMENT/S OR SUPPLEMENT/S THERETO AS WILL BE PUBLISHED ON THE PLATFORM, OR/AND SHARED VIA MESSAGING, AS WELL AS ANY RELEVANT TREATIES, CONVENTIONS, LAWS, REGULATIONS, AND ORDERS. USE OF THE SERVICES IS SUBJECT TO THE PRIVACY POLICY . 

26. BY ACCEPTING THE TERMS OF SERVICE, YOU ACKNOWLEDGE THAT ASCENT IS NOT AN AIR OPERATOR NOR A COMMON CARRIER (DIRECTLY OR INDIRECTLY), AND DOES NOT OPERATES AIRCRAFT. ALL SEATS AND FLIGHTS POSTED ON THE PLATFORM OR SHARED VIA MESSAGING ARE MERELY SOLD AND ARRANGED BY ASCENT FOR ITS AIR OPERATOR PARTNERS (“AIR CARRIER”). ASCENT ACTS SOLELY AS A GENERAL SALES AGENT FOR ITS PARTNER OPERATORS THE AIR CARRIER SHALL BE SOLELY RESPONSIBLE FOR THE PROVISION OF ITS TRANSPORTATION SERVICE AND SHALL BE SOLELY LIABLE FOR ANY COSTS OR DAMAGES ARISING FROM THE PROVISION OR FAILURE TO PROVIDE SUCH TRANSPORTATION SERVICE.
YOU ACKNOWLEDGE THAT ASCENT IS MERELY RESPONSIBLE FOR PROVIDING YOU WITH THE ABILITY TO BOOK AND RESERVE SEATS AND FLIGHTS WITH THE AIR CARRIER.

27. FOR ANY ANCILLARY SERVICE SUCH AS BUT NOT LIMITED TO LAND TRANSPORTATION, HOSPITALITY, LOGISTIC OR OTHER SERVICES PROVIDED BY THIRD-PARTIES AND ARRANGED VIA THE PLATFORM OR/AND MESSAGING, SUCH THIRD PARTIES SHALL BE SOLELY RESPONSIBLE FOR THE PROVISION OF OR FAILURE TO PROVIDE SUCH SERVICES AND SHALL BE RESPONSIBLE FOR FULFILLING THEIR OBLIGATIONS TOWARDS YOU. YOU ACKNOWLEDGE THAT ASCENT IS MERELY RESPONSIBLE FOR PROVIDING YOU WITH THE ABILITY TO ARRANGE FOR THESE THIRD-PARTY SERVICES.

28. YOU ACKNOWLEDGE THAT YOU ARE BOUND BY THE AIR CARRIER TERMS & CONDITIONS AS PROVIDED IN THE E-TICKET AND ACKNOWLEDGED IN THE BOOKING PROCESS, TOGETHER WITH ANY AND ALL AMENDMENT/S OR SUPPLEMENT/S THERETO AS WELL AS ANY RELEVANT TREATIES, CONVENTIONS, LAWS, REGULATIONS, AND ORDERS. 

29. ASCENT reserves the right to change, modify and add provisions on the Terms of Service at any time without prior notice at our sole discretion. You are responsible for reading and understanding the Terms of Service as amended from time-to-time. We may amend the Terms of Service at any time by posting a variation on the Platform. All amended terms are automatically effective and binding on you upon posting at https://www.ascent.flights/legal. Continuous use of the Services constitutes the User's acceptance of amended Terms of Service. The latest version of the Terms of Service will supersede all previous versions.

 

 

PLATFORM ACCESS AND USE

8. Persons less than 18 years of age and those who cannot validly enter into a contract due to any legal impediment cannot avail of the Services under the Terms of Service. Anyone using the Platform represents and warrants that he or she is at least 18 years of age with full capacity to enter into contracts. Any misrepresentation as to the capacity to enter into contracts will be dealt with in accordance with applicable laws and ASCENT reserves the right to claim full cost of any damage, including any associated legal costs, arising from such misrepresentation.

9. Users shall be required to register an Account with ASCENT. ASCENT will collect personal information such as name, E-mail address, and contact number as described in the Privacy Policy in the section on Data Privacy. Users must provide accurate and up to date information and agree to provide us with any proof of identity that is requested. If messages sent to an email address provided by you are returned as undeliverable, ASCENT reserves the right to terminate your Account immediately without notice or liability.

10. A User shall not allow anyone else to use his or her Account or to transfer such Account, unless permitted by ASCENT in writing. Users must secure and hold in confidence their Account details including but not limited to password; and any identification number or information provided by ASCENT. Information transmitted by User is at User’s sole risk. In the event that there is disclosure of the password or identification number or information, in any way whatsoever resulting in any unauthorized use of the Account or identity, any order(s) received from such unauthorized use shall still be considered as valid orders and we will process such order(s) as if the same is made in due course. ASCENT is not responsible for any loss or damage arising from the misuse or unauthorized use of the Account. 

11. Users are responsible for any use or misuse of his or her Account. Any User who no longer has control over his or her Account, or believes that an unauthorized person gained access to the Account must notify ASCENT immediately via email at care@ascent.flights to allow ASCENT to, in reasonable amount of time, temporarily or permanently block or reactivate the Account.

12. By using the Platform, the User hereby represents and warrants that he or she is not subject to any legal prohibitions or restrictions that prohibit conduct related to the Platform or subject to any legal sanctions under any anti-money laundering regime.

13. Users are only granted limited non-transferable and non-assignable rights to access and use the Platform to the extent expressly permitted by the Terms of Service. All other rights to the use of the Platform are not granted to Users and shall be wholly owned by ASCENT or other third party owners of license over the Platform. 

14. Content in the Platform and the software infrastructure is wholly owned by ASCENT, licensed by ASCENT from third party suppliers or otherwise used by ASCENT with permission or as allowed by law.

15. The use of the Platform or the Content in any way that violates the Terms of Service is prohibited. You agree not to use the Platform and the Content for unlawful purposes or for any commercial purpose. You are not allowed to modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative creations from, transfer, sell or re-sell any information, software, products or services obtained in connection with your use of the Platform. In addition, it is agreed that without prior written permission from ASCENT, you  shall not: process, copy, monitor, download, transpose, transmit or in any way access any Content on the Platform manually or through the use of any technology for any purpose or to use any programs; link to this Platform for any purpose; or resell transmit, replicate, reproduce, mirror, display or use for any commercial purpose any Content or in any way use any Content to aid or support the commercial objectives of third parties.

In no instance shall you use the Platform to make any false reservations; make any pronouncement, announcement or claim that violates any law or regulation of any jurisdiction, or use the Platform in any way which may tend to encourage or support any criminal activity or which slander, defame or cast aspersions against any person.

You shall not, in any way, interfere with the use by other persons of the Platform or use the Platform to maliciously cause damage to another.

The use of the Platform to cause damage to ASCENT or any of its partners, officers, employees or Third Party Vendors or suppliers shall lead to civil or criminal action from any of the affected parties.

16. You agree to receive an electronic mail upon confirmation of reservation containing an invitation to provide reviews or content reviews with respect to the services of the Air Carrier or Third Party Vendors. ASCENT has the sole discretion to publish or not publish your review. If ASCENT decides to publish your review, you grant ASCENT the right to display your review, your comments on the level of service and your name.
Any review submitted must be personally and directly written by you. Reviews must be free from misrepresentations and abide by the rules of civility and good conduct and conform to applicable laws.
If ASCENT finds or suspects that a review violates the law or community standards (as determined by ASCENT), ASCENT shall have the full discretion to remove or delete such review.
A review submitted to ASCENT shall not be considered confidential or proprietary. By submitting a review for publication, a reviewer grants ASCENT, its employees, successors-in-interest the perpetual right to publish or display such review (with or without identification or attribution to you) and the perpetual right to create derivative works from such review.
No fee or compensation shall be paid for the submission of the review.

17. Some links and websites provided by ASCENT on the Platform may be maintained and/or operated by other parties. By clicking on the link, you acknowledge and agree that such action is a voluntary act to view such other platforms or content.

18. ASCENT and/or its licensors, suppliers and content providers are the owners of the software required for the provision of the Services, the software available for use on this Platform, and certain intellectual property rights (“Intellectual Property Rights”) used in the Platform such as but not limited to trademarks, copyright, images etc. The Terms of Service shall not be construed as granting any license to use any such Intellectual Property Rights. A violation or encroachment over the above Intellectual Property Rights shall lead to civil or criminal action from any of the affected parties. Should there be evidence or reasonable suspicion for violations of your Intellectual Property Rights on the Platform, the User or any authorized representative (collectively, the "Sender") may send a notice to ASCENT containing details of the alleged violation to the following address: privacy@ascent.flights. ASCENT shall review and handle notifications in accordance with the appropriate law and may request additional information to fully address the notice. If you send any such notification, you agree to hold ASCENT free and harmless against any losses and damages if it is found that such accusation is false or fraudulent. 

 

 

AVAILING OF THE SERVICE

19. ASCENT provides you access to the Platform for Seat reservations (referred to as an “Individual Service”) and reservations for the entire aircraft (referred to as a “Charter Flight”) such as but not limited to transportation to and from locations and experiential Flights (referred to as a “Experiential Flight”), as described on the Platform or/and Messaging.

20. The Platform also allows the reservation of Ancillary Services, such as but not limited to, land transportation services, to and from the designated place of departure or arrival, including other logistic services from independent third party service providers under agreement with Service Provider (“Ancillary Services”). You acknowledge that the Individual Service, the Charter Flight, and any Ancillary Service are provided by independent Third Party Vendors.

21. ASCENT grants you free access and use of the Platform solely for purposes of accessing and availing the Services.

22. No Individual Service, Charter Flight or Ancillary Service would be provided unless all fees or fares are paid in full. Such fees or fares shall include charges for applicable fees, taxes and other charges. The payment for transactions are confirmed through your receipt of the booking confirmation / electronic ticket (“E-Ticket”).

23. User agrees to pay all fees or fares and take the aircraft as set out on the Platform or on the shared Quotation. User agrees that the Quotation and/or the E-Ticket forms part of the Agreement. 

24. User agrees that the Quotation is considered accepted and forms a binding contract upon signature of the User of the Quotation.

25. While ASCENT adopts procedures to ensure accuracy of information posted on the Platform or shared via Messaging, ASCENT does not guarantee that all information provided in the Platform or shared via Messaging is accurate, complete and available. Further, ASCENT does not ensure that there will be no erroneous entries, including typographical errors, misleading, false claims or non-delivery of information due to changes in the circumstance of the Air Carrier and/or due to the Third Party Vendors, obstructions for temporary or partial damage, repair or improvements to the Platform. This includes every information provided on our Platform or shared via Messaging, such as but not limited to Flights, aircraft type, seating arrangement, or any other information provided in relation to the specifications of Flight facilities or any Ancillary Services. In case of any problems, you may contact our customer care center at care@ascent.flights. 

26. ASCENT does not make any representations and does not make endorsements or suggestions in favor of the service quality of a Third Party Vendor. The Air Carrier or any Third Party Vendor listed on Platform or shared via Messaging, not ASCENT, shall be held liable for any claims, losses or liability arising from the services they provide. Where a rating system is introduced for the Air Carrier or any Third Party Vendor based on reviews made by the Platform Users, you acknowledge that such ratings are calculated based on automated algorithms that are prepared, and which may be changed or updated at any time at the discretion of ASCENT.

27. YOU ARE RESPONSIBLE FOR MAKING A REASONABLE JUDGMENT ON THE CORRECTNESS OF INFORMATION PROVIDED IN THE PLATFORM OR SHARED VIA MESSAGING. IT IS POSSIBLE THAT SUCH INFORMATION PROVIDED MAY BE INACCURATE TO THE EXTENT THAT IT WOULD BE APPARENT TO ANY REASONABLE PERSON THAT ASCENT DID NOT INTEND TO PUBLISH SUCH INFORMATION OR TO MAKE IT THE BASIS OF A BUSINESS OR COMMERCIAL PROPOSITION. IT IS YOUR RESPONSIBILITY TO VERIFY THE CORRECTNESS OF SUCH CLEARLY FALSE OR INACCURATE INFORMATION BY SENDING AN EMAIL TO CARE@ASCENT.FLIGHTS. ANY PURCHASE OR RESERVATION BASED ON SUCH APPARENT ERROR MAY BE CANCELLED BY ASCENT AT ITS SOLE DISCRETION. 

28. ASCENT RESERVES ITS THE RIGHT, AT ANY TIME, TO DELETE, REMOVE, OR SUSPEND ANY USER’S ACCESS TO THE PLATFORM ("REMOVED USER") ON A TEMPORARY OR PERMANENT BASIS. REMOVED USERS ARE PROHIBITED FROM ACCESSING THE PLATFORM. REMOVED USERS MAY REQUEST REINSTATEMENT BY CONTACTING ASCENT THROUGH CARE@ASCENT.FLIGHTS.

29. ASCENT, FURTHER, RESERVES THE RIGHT TO REFUSE ANY PERSON ACCESS TO THE PLATFORM, OR TO SUSPEND OR CANCEL THE BOOKING PROCESS, OR IN VERY LIMITED CASES, CANCEL THE RESERVATION CONFIRMATION AT ITS SOLE DISCRETION AND FOR ANY CAUSE WITHOUT GIVING REASONS FOR THE SAME. 

30. ASCENT MAY ALSO CANCEL A PURCHASE OR RESERVATION WHEN REQUIRED UNDER LAW OR BY LEGAL AUTHORITIES, TO ENSURE THE SAFETY OF THE USER, PASSENGERS OR OTHER PERSONS, TO PREVENT OR HALT ANY SUSPECTED CRIMINAL ACTIVITY, TO ADDRESS ANY SUSPICIONS OF FRAUD OR WHEN A USER PROVIDES INACCURATE, WRONG OR MISLEADING INFORMATION. 

31. Flight timings shall be in accordance with the local time of the location where the Flight happens. The Platform will display Seats available for sale in an Individual Service, as well as available schedules and aircraft for a Charter Flight.

32. Users must provide accurate information to ASCENT. For Charter Flight reservations, the User shall provide all the necessary details of the Passengers, who should have provided a written authority to the User to reserve the Charter Flight on their behalf. Under such written authority, all such Passengers shall consent to and agree with the Terms of Service, the Air Carrier Terms & Conditions, the terms of service of Third Party Vendors, if applicable, and any important reminders and information communicated by ASCENT, the Air Carrier, and/or any Third Party Vendor.

33. A User availing of the Service for others must provide accurate information on the Passengers who should have provided a written authority to the User to do so on their behalf.  Under such written authority, all such Passengers shall consent to and agree with, the Terms of Service, the Air Carrier Terms & Conditions, terms of service of Third Party Vendors, if applicable and any important reminders and information communicated by ASCENT, the Air Carrier, and/or any Third Party Vendor. 

34. When availing of a Service, each Passenger shall provide his or her full name, nationality, contact number, email address, number and age of children, and such other details required on the Platform or shared via Messaging. Each Passenger shall complete documents shared by ASCENT and/or required by the Air Carrier and/orThird Party Vendors and/or any Third Party Vendor and/or authorities.

35. For Individual Service, the Flight will become confirmed once the designated number of Seats required to confirm the Flight are purchased. To minimize cancellations, the User has to buy the minimum number of Seats to confirm the Flight. By completing your order, you authorize ASCENT to charge your credit card for the total order value displayed. Any cancellations after the Flight is confirmed are subject to the Cancellation Policy. 

Upon payment, the User may request that ASCENT, market and sell Seats on the Flight to other users of ASCENT’s Services (a “Crowdsourced Flight” where you have purchased the “Initial Seat”). For each Seat that ASCENT sells on the Flight, User receives ASCENT Credits in a predetermined amount to be used towards future Flights. ASCENT Credits will be maintained on User’s Account and do not have any expiration date. The User shall not receive ASCENT Credits for Seats unable to be sold.

36. Reservations made may be voided for non-submission of additional information requested by the Air Carrier or any relevant Third Party Vendor or upon the implementation of the Air Carrier’s fraud prevention/detection systems or algorithm. ASCENT shall not bear any responsibility for erroneous cancellations of bookings made by the Air Carrier and/or Third Party Vendor and the Passenger shall have recourse only to the Air Carrier and/or Third Party Vendor.

37. ASCENT is not responsible for fulfilling specific requests made by the User or any Passenger to an Air Carrier or Third Party Vendor or for any violation of the terms of service agreed upon between the Air Carrier and/or Third Party Vendors and the User/Passenger. It is the User’s and Passenger's responsibility to read, understand and accept Air Carrier and Third Party Vendor terms of service  that will be provided together with the E-Ticket.

38. For any special requests, the User may contact ASCENT at care@ascent.flights, or directly to the Air Carrier or Third Party Vendor (whichever applicable) using the contact details indicated in the E-Ticket. Any special request made through ASCENT will be forwarded to the Air Carrier or the relevant Third Party Vendor. Special requests may be subject to additional charges and/or fees by the Air Carrier or relevant Third Party Vendor, based on the requirement, the discretion and/or policy of the Air Carrier or Third Party Vendor or ASCENT.

39. WHERE A RESERVATION IS REJECTED OR CANCELLED BY ASCENT IN CONNECTION WITH THE REMOVAL OR SUSPENSION OF A USER AND WHEN PAYMENT HAS BEEN MADE, ASCENT SHALL REIMBURSE THE AMOUNT ALREADY CHARGED OR PAID BY THIS USER WITHOUT FURTHER CHARGES.

40. Passengers are personally responsible for the selection of route/s and destination, for the entire duration of the Flight and during the entire stay at the chosen destination.

41. The loss of required travel documents may lead to damage, inconvenience or missed Flights. The User or Passenger is solely responsible for the consequences of any such losses.

42. The  Air Carrier or the Third Party Vendor shall have the right to refuse any Passenger from boarding a Flight or availing of the Ancillary Service, should a Passenger fail to present acceptable identification documents. Acceptable documents may include passport, Unified Multi-Purpose Identification Card, Land Transportation Office Driver’s License or any other government-issued identification card. ASCENT has no obligation and shall not be responsible to notify you of the valid identification necessary for you to be able to carry out your flight. Any such claim must be directed to the Air Carrier, or other Third Party Vendor. 

43. Users or Passengers are responsible for obtaining, and presenting to relevant authorities, necessary travel documents such as but not limited to visas, permits, documents required to prove his or her health status such as but not limited to doctor’s certificates, polymerase chain reaction (PCR)  tests results, certificates of vaccination, for themselves and for any children, pet and luggage travelling with them.

In view of the environment, the Client shall confirm the Flight at least five (5) days prior to Departure.

44. After confirmation of full payment as per section 45., of the entire amount due by the User, ASCENT shall consequently issue the E-ticket, which shall have the following details:

* Booking code or reference;

* Name

* Booking details such as, but not limited to the departure and arrival date and time, Air Carrier name, and link to the Air Carrier Terms & Conditions when applicable; and

* Contact details of ASCENT and of the Air Carrier.

 

 

PAYMENTS

45. Fares or fees corresponding to the Individual Service, and/or Charter Flights procured to the User might be displayed on the Platform or shared via Messaging. Fares and fees are due and payable upon purchasing a Seat or a Charter Flight. Reservations will only be confirmed upon full payment of the entire amount due and receipt of the E- ticket. For avoidance of doubt, the reservation will not be confirmed until full payment has been received.

46. The Flight schedule is confirmed by ASCENT upon reservation, based on the availability of the aircraft, crew, airport or landing zone, and all the necessary requirements to operate the aircraft and fulfill the Flight schedule at the time of reservation.

47. A User may purchase ASCENT Credits that will be credited to the User’s Account in the Platform. ASCENT Credits may be used to book and reserve any Individual Service, Charter Flight and other Ancillary Services in the Platform. ASCENT Credits purchased are non-refundable and have no expiry date. Similarly, reservations will only be confirmed upon full payment of the entire amount due through the use of ASCENT Credits and receipt of the E-ticket.

48. Payments shall be made in the amount and currency as stated in the Platform or in the Quotation, and clear from any tax and other fees such as but not limited to transaction fees. Applicable taxes, any additional fees, Passenger fuel surcharge corresponding to the level of authority provided by regulators at a particular period, if applicable, shall be added as part of the total fee payable to confirm reservation of Individual Service or Charter Flight and purchase of other Ancillary Services.

49.  For Individual Service, payments shall be made via the Platform and should be completed upon booking, otherwise the reservation may be terminated. Additional fees may also apply for late operations, extraordinary fees, catering requests, ground transportation requests and excess baggage.

50. For Charter Flights, payments shall be made via the Platform, via bank draft, wire transfer, online funds transfer, any other mode of online payment or with ASCENT Credits. 

51. Charter Flights are available on a first-come first-serve basis. However, once the User accepts the Quotation, the aircraft chosen will be held for up to three (3) business days (“Payment Period”), for  the User to proceed to the payment and for the funds to be received in full by ASCENT. If another user wishes to book the same aircraft during the Payment Period, the User will be informed and given priority during the Payment Period. If the payment is not received in full within the Payment Period, the User will no longer have the priority on the chosen aircraft.

For business jets, the Quotation is on a first-come first-serve basis. While the payment is not received, the aircraft is subject to continue availability.

52. User shall pay to ASCENT the agreed fares or fess (as cleared funds) not less than seventy two (72) hours prior to the departure time unless agreed to otherwise in writing between the User and ASCENT.

53. The User will make all payment under this Agreement free from withholding or deduction of, or in respect of, any taxes unless required by law. If any such withholding or deduction is required, the User will, when making the payment to which the withholding or deduction relates, pay to ASCENT such additional amount as will ensure that ASCENT receives the same total amount that it would have received if no such withholding or deduction had been required.

Non-payment of the Charter Flight within the agreed Payment Period shall be treated by the Air Carrier as cancellation of the Charter Flight.

54. It is User and the Passengers’ responsibility to check the reservation and the E-Ticket details thoroughly and confirm that they agree with the price and charges displayed before confirming payment.

55. ASCENT takes responsibility for all payments initiated via the Platform. This responsibility includes: refunds, chargebacks, cancellations and dispute resolution in accordance with the Terms of Service.
ASCENT uses a third-party payment processor (the “Payment Processor”). The processing of payments, as applicable, in connection with your use of the Service will be subject to the terms, conditions and privacy policies of the Payment Processor and of your credit card issuer in addition to the Terms of Service. The Payment Processor shall be solely responsible for processing of payments and shall be solely liable for any error, failure or damages arising from the processing of payments. ASCENT will obtain certain transaction details, which ASCENT will use solely in accordance with its Privacy Policy made available at https://ascent.flights/legal.

56. ASCENT is not responsible for any fraud or unauthorized payments initiated via bank draft, wire transfer, online funds transfer, any other mode of online payment when the transaction has already been authorized by the responsible third party company. ASCENT shall not provide any refund as a result of such fraudulent transaction. For any suspicion of unauthorized transfer, the User must contact the bank immediately.

57. ASCENT is not responsible for any credit/debit card fraud or unauthorized use of credit/debit card by any third party when the transaction has already been authorized by the responsible third party company such as a bank or credit card company. The same holds true even in cases where fraud and unauthorized charges are made using the Platform. ASCENT shall not provide any refund as a result of such fraudulent transaction. For any suspicion of unauthorized use or fraud committed on the Platform, the card owner must contact the bank, card issuer or payment processors immediately. If ASCENT’s assistance is required by the card owner, ASCENT may be contacted at care@ascent.flights.

58. ASCENT may offer lower prices and/ or promotions periodically, whether alone, or in cooperation with the Air Carrier or any relevant Third Party Vendor. Promotions may involve different terms and conditions and/or booking or reservation requirements and refund policies. Air Carriers and Third Party Vendors may have promotions which shall be fully controlled by the same. These promotions shall not apply to ASCENT and the Platform unless specifically and expressly made applicable by ASCENT in writing.

59. Prices on the Platform are available with certain conditions and these may change depending on several factors such as availability of booking and length of Flight. ASCENT reserves the right to modify the Flight fares at any time prior to receipt of payment for such Flight.

60. The prices or fees for an Individual Flight or a Charter Flight shall be exclusive of other service charges for Ancillary Services, the carriage of excess baggage, other facilities charges (if any), and charges/fees which may arise from the use of services other than those provided by ASCENT (if any). It is agreed that Users are responsible for verifying the total cost to be paid and other terms and details of the relevant Third Party Vendor. Prices shown in the booking summary prior to payment or in the quotation shall be itemized as applicable (to the extent possible) and will inform Users of the amount to be paid, any additional costs or charges due, as a result of the use of credit cards, or any inter-bank fees or bank transfer fees that will be charged to the User.

61. If after the signing and dating of the Quotation, there is increase price due to external factors to the Flight itself such as but not limited to security costs, aviation insurance premiums, fuel costs, airport Passenger duties, taxes, or similar costs, aircraft de-icing or the effects of volcanic eruption not otherwise anticipated, and without limitation, relating to the agreed schedule or any part of the Charter Flight, ASCENT shall be entitled to increase fare and fees accordingly, with notice to the User at the earliest possible opportunity.

62. Upon specific agreement with a Third Party Vendor, ASCENT could have the responsibility of the land transportation (“Ride”) for the User. In this specific case, fares or fees corresponding to the Ride might be displayed separately. Fares for Ride are due and payable upon purchasing the Service. Reservations will only be confirmed upon full payment of the entire amount due and receipt of the E- ticket. 

63. If there is a difference between the amount paid and the amount due for any reservations made in the Platform, ASCENT will provide an email notification to the User of the amount to be paid by the User.

 

 

DELAYS AND CANCELLATIONS

64. The User is responsible to ensure that Passengers arrive adequately prior to the scheduled Departure. The Air Carrier’s ability to satisfy variation in the Charter Flights schedule shall always be subject to crew duty times, rest periods and the availability of additional crew.

65. Subject to the compatibility to the Air Carrier Terms & Conditions, which shall take precedence over the terms provided hereunder for late Passengers for Individual Service and Charter Flights. Passengers must arrive at least twenty (20) minutes prior to the scheduled Departure for all Flights. The Flight shall not wait for late Passengers and those who miss the Flight as scheduled are not entitled to any refund. Users or Passengers who are late for Flights  (i) are subject to late departure fees, (ii) have no right to a refund if they are more than three (3) hours late, and (iii) have no right to a refund if they are more than thirty (30) minutes late and the Air Carrier can no longer service the Flight.

66. For Charter Flights, the User may request a departure delay of up to a maximum of three (3) hours beyond any scheduled Departure. ASCENT shall agree to such delay if it is compatible with crew duty time and rest periods restrictions, applicable aviation regulations and air traffic control requirements. If the User delays a flight in excess of three (3) hours beyond the scheduled departure time for any reason that is not the fault of the Air Carrier, the Charter Flight shall be considered as cancelled by the User.

67. For Charter Flight, in the event a User cancels a booking, the specific fare rules shall apply (cancellation fee as a total percentage of the Quotation):

    1. Upon signing Quotation to three (3) days prior to Departure - fifty five percent (50%)

    2. Three (3) days prior to Departure or “No Show” - a hundred percent (100%)

68. For Experiential Flight, in the event a User cancels a booking, the specific fare rules shall apply (cancellation fee as a total percentage of the Quotation):

    1. Upon booking to five (5) days prior to Departure - twenty five percent (25%) 

    2. Three (3) to five (5) days prior to Departure - fifty percent (50%)

    3. Three (3) days prior to Departure or “No Show” - a hundred percent (100%)

69. For the purposes of calculation of the cancellation fee, a No Show is defined as where the User or the Passenger/s do(es) not arrive at the airport of departure within three (3) hours of the scheduled departure time and fails to provide notice.

70. In the event that a User cancels the booking before paying in full, ASCENT has the discretion whether to refund the full amount paid or refund an amount, reduced by any costs incurred by ASCENT as a result of non-payment in full by the User. 

71. For Experiential Flight, reschedule is accepted without charge three (3) days prior to Departure. A fee of fifty percent (50%) will apply if a request for the reschedule is received between one (1) hour to three (3) days prior to Departure. Reschedule itinerary must be within thirty (30) days from the original Departure. Amendable itinerary can only be confirmed subject to aircraft availability. No reschedule will be accepted shorter than one (1) hour prior to Departure and will be treated as cancellation.

72. For Charter Flight, reschedule is accepted without charge three (3) days prior to Departure. A fee of US$800 will apply if a request for the reschedule is received between one (1) hour to three (3) days prior to Departure. Reschedule itinerary must be within thirty (30) days from the original Departure. Amendable itinerary can only be confirmed subject to aircraft availability. No reschedule will be accepted shorter than one (1) hour prior to Departure and will be treated as cancellation.

73. Where applicable, ASCENT shall endeavor to refund amounts, exclusive of applicable taxes,  VAT and costs incurred by the former such as inter-bank transfer fees and other transaction fees applicable. Refunds may not be immediate. To the extent permitted by the law, refunds shall be done through ASCENT Credits credited to the Account, unless otherwise asked by the User.  ASCENT Credits received do not have any expiry date and can be used at the User discretion for Services. In such a case, ASCENT shall provide a refund of the amount paid through the Payment Processor. If the User has any doubt or question, the User may contact ASCENT at care@ascent.flights. 

74. ASCENT shall not be liable for the consequences of cancellations or other transactions due to, or caused by inaccurate paid amounts, or due to the User’s failure to pay the reservation within the time prescribed under the Terms of Service.

75. CANCELLATIONS MADE BY THE USER OUTSIDE THE ABOVE PERIOD AS WELL AS NO SHOWS WILL RESULT IN A FORFEITURE OF THE FULL TICKET FARE WITHOUT ANY RIGHT FOR REFUND, REBOOKING OR ASCENT CREDIT.

76. In the event a Flight is cancelled, the costs of any Ancillary Service(s) arranged by ASCENT at the User’s request through Third Party Vendor(s) shall remain the responsibility of the User and shall be charged to the User.

77. ASCENT reserves its rights to cancel any rebooking made through the rescheduling process if the initial booking, on the basis of which the rebooking is being made, has already been used, is not valid or no longer valid at the time of the rebooking (such as tickets already cancelled, refunded, voided, etc.).

78. Users may contact ASCENT for any related question at contact@ascent.flights or at the contact details provided in the section Country Specific Terms.

79. Passengers will be notified by ASCENT through email, text messages or phone call for any delayed or cancelled Flight. Delays and cancellations may be due to Force Majeure Events such as Air Carrier requirements, weather disturbances, unforeseen mechanical issues, regulatory prohibitions or Flight restrictions, safety concerns or other similar circumstances beyond the control of ASCENT. In the event weather forecasts are projected to be dangerous for aerial navigation, and the Air Carrier has advised ASCENT of the high probability of Flight cancellations, ASCENT shall endeavour to send notifications of weather delays or cancellations within an hour before departure time. 

80. In order to minimize the Passenger impact of cancellations and delays due to weather, unforeseen mechanical events, temporary Flight restrictions and airport congestion, ASCENT may reassign you to a different aircraft than the type originally assigned for your Flight at the time that you made the corresponding reservation. Such reassignments may include moving between aircraft and/or air operation location. If the Passenger declines the change or is unable to make the change, the Passenger will be entitled to be refunded for the full value of the fare, as per clause 70.

81. Subject to the compatibility to the Air Carrier Terms & Conditions, which shall take precedence over the terms provided hereunder for Flights having routes in excess of 30 km shall be deemed cancelled if said Flights are delayed for more than two (2) hours. Passengers shall be provided the option of either rebooking an identical Flight with no additional charge or applying for a refund of the fare paid as per clause 70.

82. Subject to the compatibility to the Air Carrier Terms & Conditions, which shall take precedence over the terms provided hereunder Flights having routes which are less than 30 km shall be deemed cancelled if said Flights are delayed for more than one (1) hour. Passengers shall be provided the option of either rebooking the same Flight with no additional charge or applying for a refund of the fare paid as per clause 70.

83. In the event that a Flight is cancelled less than twenty (24) hours before departure time for reasons attributable to the Air Carrier, Passengers will have the option of booking the next Flight with available Seats, or a future Flight within thirty (30) days at no additional charge or a future Flight after thirty (30) days with additional charge in case of fare difference, or the option of being refunded of the value of the fare as per clause 70.

84. In the event that a Flight is cancelled because of Force Majeure Event, safety or security reasons, Passengers will be entitled to be refunded for the full value of the fare, as per clause 70.

85. If a Flight is delayed and a Passenger does not choose to reserve an identical Flight, or when Passenger chooses to cancel the Flight but needs to reach the scheduled destination using land transportation, ASCENT may arrange for a substitute chauffeur-driven vehicle to transport Passenger to the cancelled Flight destination (“Ground Transport”). Car departure times and locations may differ from the original Flight time and pick up locations; and Passengers may also be in the vehicle with other Passengers.
Passengers availing of the Ground Transport shall be refunded ASCENT Credits for the amount difference between the E-Ticket and the price of the land transportation chosen less expenses incurred for the land transportation arranged by the Third Party Vendor, and in accordance to the conditions stipulated in article 70.

86. ASCENT has not nor has a responsibility to book hotels or provide any other accommodations.

87. The aircraft pilot (the “Pilot”) has the sole discretion, for reasons of safety, to divert the aircraft or land at any airport or landing area of destination. The Pilot may also fly off route to avoid weather disturbances, and other impediments in air navigation or may land at an airport other than the destination. Passenger hereby accepts all such decisions. ASCENT will not be liable for the Flight delays attributable to the decision of the Pilot. If after a Flight takes off the Pilot decides to suspend such Flight, the resumption of the Flight will be at the discretion of the Pilot.

88. Should the Pilot refuse to fly or decide to delay the Flight for any reasons of safety, the delay policies in clauses 77. to 82. above will apply.

89. Depending on the specific fare rules for a reserved Individual Service or Charter Flight, Users may receive ASCENT Credits if they cancel reservation/s by providing notice to ASCENT earlier than the time period specified in the fare rules as per clause 70.

 

 

SUBSTITUTION 

90. Flights are aircraft type specific. If the aircraft for any reason whether before or after the commencement of the Flight, is not able to undertake all or part of the Flight, ASCENT reserves the right to provide the User at its sole discretion with an equivalent or superior aircraft type (“Substitution Aircraft”) at no additional cost to User.

91. In the event that a Substitution Aircraft is not available for the Flight, ASCENT shall advise the User without delay and provide a revised Quotation with revised pricing to reflect the provision for an alternative aircraft. If no substitution is made, ASCENT shall not be under any liability to the User and the User shall remain liable to pay for that part of the Flight (if any) that has been performed.

92. Substitution may occur en‐route during the Flight. User shall be entitled to terminate Flight on being informed of such planned substitution, subject to informing ASCENT promptly of such termination and ASCENT shall refund the amount paid on a pro‐rata basis less costs for positioning the aircraft back to point of departure for the remaining part of the trip affected by the substitution event. Should User fail to advise ASCENT of such cancellation promptly after being informed of such planned substitution by ASCENT (which shall be reasonably dictated by the circumstances) then ASCENT shall be entitled to deduct all pre-positioning costs and/or third party cancellation fees from any applicable refund.

93. Where a Substitution Aircraft is supplied, User’s liability shall always be to pay the costs and sums set out in the Quotation.

 

 

LUGGAGE AND CARRY-ON

94. The validity of the following terms and conditions stipulated in sections 94. to 100., is subject to the compatibility to the Air Carrier’s baggage policy, which shall take precedence over the terms provided hereunder. The Air Carrier’s baggage policy may be found in the Air Carrier Terms and Conditions (“Air Carrier Terms & Conditions”) that will be provided as part of the E-Ticket.

95. Your luggage will be inspected for size and weight when you arrive at the point of departure. For Individual Service, each Passenger shall only be allowed to take one (1) cabin luggage with specifications as follows:

Cabin Luggage Specifications

Weight Up to 10kg

Dimensions Up to 56cm x 36cm x 23cm

96 For Charter Flights, Passenger baggage weight and size are limited for flight safety reasons and vary according to aircraft type. Items determined to be of excessive weight or size will not be permitted on the aircraft. Baggage capacity is calculated with the applicable air regulations standard weight tables by Passenger and by type of aircraft and available to the User through the Air Carrier Terms & Conditions. If Passenger baggage exceeds these limits, Passenger must notify ASCENT prior to Flight, stating the dimensions and weight of the items such as but not limited to sports equipment, pushchair/buggy and child’s car seat.

The carriage of excess and general baggage shall be decided on the basis of the available hold capacity and security regulations for each flight at the sole discretion of the pilot in command, or on the basis of a specific agreement between the User and ASCENT to transport additional baggage independently to the actual Flight. Accordingly, ASCENT reserves the right to accept only a limited quantity or refuse the carriage of excess or general baggage entirely.

97. The carriage of excess baggage will be charged to the User.

98. All luggage not complying with the above rules for carry-on bags shall be checked-in. ASCENT reserves the right to disallow a bag or bags that are deemed too heavy or too large. Checked luggage will be transported by surface or land transportation only. Except within the particular scope of a specific agreement including this service, the luggage service is an Ancillary Service, chargeable at a fee. Luggage will be picked up before the Flight departure time at a time and location as indicated in your E-Ticket. In case of loss or damage of luggage, relevant provisions of the Montreal Convention will apply. The transport service provider to be used by ASCENT to transport your luggage is a Third Party Vendor under the Terms of Service.

99. For Individual Service, pets and live animals are not allowed in Flights or as checked-in luggage. 

100. For Charter Service, owing to safety reasons and because of the limited space available, Passengers are entitled to demand the transport of animals (including domestic animals and pets) only if ASCENT has been notified at the time of the booking and has confirmed carriage of the animal and that the Air Carrier is agreeable to it and in accordance to its terms and conditions. The User is responsible for ensuring that the animal complies with the requirements in the country of destination and that the animal is medically fit to travel.

 

 

PASSENGERS, SEATING

101. ASCENT on behalf of the Air Carrier may assign specific Seats to Passengers on Flights at the Air Carrier personnel’s request based on the weight and size of the Passenger and the dimensions of the aircraft. This to ensure the weight and balance of the aircraft is optimized to conduct the Flight.

102. ASCENT, on its own or on behalf of the Air Carrier, may refuse to transport or may offload at any point any Passenger for reasons due to such Passenger’s unacceptable or dangerous behavior, including but not limited to: (i) any act by the Passenger which compromise the safety of the Flight, (ii) violation of the Terms of Service, (iii) failure by the Passenger to comply with Pilot instructions, (iv) any abusive or distracting behavior, (v) erratic behavior under the influence of alcohol or drugs, (vi) command of a safety or law enforcement officer (vii) unauthorized photography in ASCENT lounges or on Flights may also be deemed reason for refusal to transport; (vii) when necessary to respond to Force Majeure Events; (viii) the Passenger to transport dangerous goods. 

103. The fare of any Passenger refused passage or offloaded under this section will not be refunded. UNDER NO CIRCUMSTANCES WILL ASCENT BE LIABLE TO ANY PASSENGER OR REFUSED PASSENGER FOR ANY TYPE OF INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGE. 

104. Passengers are responsible for all costs, including excessive cleaning, associated with any damage, stains, or extraordinary wear and tear caused by, or otherwise attributed to, User or User’s Passengers on any Flight (“Damage Fee”), or during the use of lounges. All Damage Fees will be charged to the default form of payment listed in the User's Account.

 

 

LIMITATIONS OF LIABILITIES

105. WITHOUT PREJUDICE TO WHAT IS SET OUT IN THESE TERMS, EACH PARTY’S LIABILITY IS LIMITED AND EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY LAW. ASCENT IS NOT LIABLE FOR ANY DEATH, INJURY, DELAY, LOSS, OR OTHER DAMAGE OF WHATSOEVER NATURE TO PASSENGERS OR BAGGAGE ARISING OUT OF OR IN CONNECTION WITH THE FLIGHT OR CARRIAGE OR OTHER SERVICES PERFORMED BY THE AIR CARRIER OR ANY THIRD PARTY VENDOR. ASCENT IS NOT AN AIR CARRIER, TRANSPORT AIR OPERATOR, TRANSPORT PROVIDER, OR COMMON CARRIER. AND MERELY ACTS AS SALES AGENT OF THE AIR CARRIER AND THIRD PARTY VENDORS. ASCENT DOES NOT GUARANTEE COMPLIANCE BY THE AIR CARRIER OR ANY THIRD PARTY VENDOR WITH ALL LICENSING AND SAFETY REQUIREMENTS UNDER EXISTING LAW, OR THE QUALITY OF THE SERVICES PROVIDED BY THEM. ANY AND ALL LIABILITIES ARISING FROM THE TRANSPORTATION SERVICES AND ANCILLARY SERVICES SHALL BE THE SOLE RESPONSIBILITY OF THE AIR CARRIER AND/OR THE RELEVANT THIRD PARTY VENDOR. TO THE EXTENT ALLOWABLE UNDER EXISTING LAW, IT IS EXPRESSLY WAIVED AND ASCENT IS RELEASED FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM THE USE OF THE SERVICES, OR IN ANY WAY RELATED TO THE TRANSPORTATION SERVICES AND ANCILLARY SERVICES PROVIDED BY THE AIR CARRIER OR ANY THIRD PARTY VENDOR.

106. ASCENT IS NOT LIABLE FOR ANY WILFUL MISCONDUCT, FRAUD, AND/OR NEGLIGENCE CAUSED BY THE AIR CARRIER, OR ANY THIRD PARTY VENDOR, OR ANY PASSENGERS.

107. ASCENT SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES, WHETHER DIRECT OR INDIRECT, RESULTING FROM OR CONNECTED TO THE USE OF THIS PLATFORM OR USE OF THE LINKS ON THE PLATFORM, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR OTHER ECONOMIC LOSS, EVEN IF ASCENT HAVE BEEN ADVISED OF THE POSSIBILITY OF LOSS OR DAMAGE THAT MAY OCCUR. THE ONLY AVAILABLE REMEDY FOR YOU IS TERMINATION OF USE OF THIS PLATFORM.

108. You agree to indemnify and hold harmless ASCENT, its shareholders, directors, employees, Affiliates, staff and partners, from and against any and all claims, demands, liability, damage or loss (including legal fees and costs of litigation), which arise as a result of claims of third parties in connection with: (a) your use of the Platform; (b) Content that you have given, provided, or accessed through this Platform; (c) your violation of the Terms of Service; (d) your violation of any other rights or obligations; and/or (e) any act or omission by you, whether negligent, unlawful or otherwise.

109. You understand that ASCENT does not endorse or recommend any third party content. You agree that your recourse for any loss, damage or cost arising from or connected to such third party content is to proceed against these third parties and not against ASCENT and therefore release ASCENT from any such liability.

110. ASCENT reserves its rights to change, amend, suspend and terminate the Platform and the Service whether wholly or partially; including services or products that are made available in the Platform, including the usage of the Platform, or any part thereof, at any time for any reason and without prior notification.

111. At all times, it is agreed that the User remains bound by the obligations stipulated in the Terms of Service; including but not limited to the warranties, indemnification, waiver and limitation of liabilities.

112. ASCENT shall not be liable to the User or any third party for any termination or suspension of User’s access to the Platform.

113. ASCENT shall not be liable for any non-performance or violation of the Terms of Service, such as for transaction failure, restricted access to the Platform, or any damage or harm to Users caused by any act or condition beyond the reasonable control of either You or Us (“Force Majeure Event”). Force Majeure Events include but are not limited to fire, flood, explosion, health crisis, health pandemic, natural disaster or acts of God, war (declared or undeclared), acts of terrorism, actual or threatened, hostilities, rebellion, insurrections, any act of any government, any instrumentality or agency thereof, or any legislation, regulations, orders, rules or by-laws, imports or foreign currency restrictions, acquisition of the aircraft by the government, breakdown of or accident to any aircraft, or if the safety of Passenger/s and/or property is deemed by the Air Carrier to be in jeopardy, strike, labor dispute, materials shortage, shortage of adequate power, internet or telecommunications, or conduct of third parties.

114. ASCENT shall not be responsible for any damages or losses caused by any means to any party if ASCENT cannot process your order because of any Force Majeure Event.

 

 

PERSONAL DATA

115. ASCENT values Users’ Personal Data. ASCENT will comply with the requirements of relevant data protection legislation when performing its obligations under the Terms of Service. You agree that by clicking “Sign Up”, “Login”, “Register Now”, “Contact Us” or similar buttons, accessing, registering on our Platform, submitting a form to request a Charter Flight, or using our Services in any way, you expressly consent to the collection, use, disclosure and processing of your Personal Data in accordance with the Privacy Policy.

116. ASCENT does not manage or control Air Carriers and Third Party Vendors.

117. If the User used the Platform for or on behalf of a third-party (such as a family member or a traveling companion) then it is guaranteed to ASCENT that the User is an authorized representative with the authority to bind such entity to the Terms of Service; to be bound by the Terms of Service on behalf of the Third Party, and that the User is responsible for any error in the accuracy of information provided in connection with such use. In addition, User must inform the Third-party of all applicable terms and conditions. When using the Platform for or on behalf of a Third-party, the User agrees to indemnify and hold ASCENT harmless from and against any and all liabilities, losses, damages, suits and claims including legal fees, arising from or connected to the breach of the Terms of Service or negligence by you and/or the Third-party.

 

 

MISCELLANEOUS

118. The Terms of Service are drawn up in the English language. Any translation into another language is for convenience and information purposes only. In case of conflict between the English language version and any such translation, the English language version shall prevail. Headings in this Agreement are inserted for convenience only and shall not affect the interpretation or construction of the Terms of Service.

119. In the event that any provision is determined to be unenforceable or invalid, by any court of competent jurisdiction, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law and such determination shall not affect the validity and enforceability of any other remaining provisions. The severed provision shall be replaced by a provision approximating as much as possible the original wording and intent.

120. Failure by either Party to enforce any provision of the Terms of Service at any time shall not be construed as a waiver of each Party’s rights to enforce the breach of such provision or any other provision in the Terms of Service or as a waiver of any continuing, succeeding or subsequent breach of any provision or other provisions of the Terms of Service.

121. You may not assign or transfer your rights or obligations under the Terms of Service, without our prior written consent.

122. Except where expressly stated, nothing in the Terms of Service is intended to grant to any third party any right to enforce any term or to confer on any third party any benefits under the Terms of Service. Notices given pursuant to the Terms of Service shall be deemed sufficiently given if they are in writing and forwarded by registered post or recorded delivery service or equivalent to either Party (at our registered address, or otherwise notified).

123. These Terms of Service shall be governed by and interpreted in accordance solely with the Laws of Singapore.

124. In the event of a dispute arising out of or in connection with these Terms of Service, both Parties shall first discuss in good faith to reach an amicable resolution within sixty (60) days from the date of the notice of dispute. However, if such dispute may not be settled by mutual consultation within sixty (60) days, shall be referred to and finally resolved by arbitration in Singapore to the exclusion of the ordinary courts, in accordance with the rules of the SIAC for the time being in force which rules are deemed to be incorporated by reference in this clause. 

125. These Terms of Service shall constitute the entire Agreement and understanding by and between User or Passenger and ASCENT on the subject matter thereof, and shall supersede all prior agreements, whether written or oral, between User or Passenger and ASCENT concerning the subject matter thereof.

126. The place of arbitration shall be in Singapore and the language of the arbitration shall be English. The parties shall refer the dispute to arbitration by a single arbitrator to be appointed jointly by the parties or, where the parties cannot agree on an arbitrator within a reasonable period, by the President of the Court of Arbitration of the SIAC. Judgment upon the arbitration award may be entered in any court having jurisdiction, or an application may be made for a judicial acceptance of the arbitration award and an order for enforcement, as the case may be. 

127. Users may contact ASCENT for any question related to but not limited to bookings, cancellations, general information, at care@ascent.flights

 

 

COUNTRY SPECIFIC TERMS

The following terms apply only to the Services rendered in the countries mentioned below. In the event of a conflict between the terms mentioned above and terms mentioned in country specific terms, related to Services rendered in below mentioned countries,  the country specific terms shall apply. 

Thailand

128. Thailand residents less than 20 years of age and those who cannot validly enter into a contract due to any legal impediment cannot avail of the Services under the Terms of Service. Thailand residents using the Platform represents and warrants that he or she is at least 20 years of age with full capacity to enter into contracts. Any misrepresentation as to the capacity to enter into contracts will be dealt with in accordance with applicable laws and ASCENT reserves the right to claim full cost of any damage, including any associated legal costs, arising from such misrepresentation.