1. These General Terms of Service of Service and End User Agreement (“Terms of Service”) shall govern you, an individual or corporate user (“User” or “You”) and ASCENT Flights Global Pte. Ltd., ASCENT Urban Mobility Philippines Corp., ASCENT Mobility (Thailand) Ltd. (collectively referred to as “ASCENT”) and their affiliates, successors and permitted assigns (“we”, “us” or “our”) in your use of the Platform and the Services.
Unless otherwise provided, these Terms of Service shall similarly apply to Individual Service Transportation Reservations (“Individual Service”) and Charter Flight Reservations (“Charter Flight”), including the use of ASCENT’s web platform: www.ascent.flights; ASCENT mobile application; and other software or digital media in whatever form, whether owned and/or controlled, managed and/or operated, by or on behalf of ASCENT (the web, app and any software or digital media are hereinafter collectively referred to as the “Platform” and the helicopter transportation booking and reservation services, including ancillary services pursuant or in relation thereto provided by ASCENT are collectively referred to as “Services”)
2. BY OPENING, ACCESSING, DOWNLOADING, INSTALLING, UPLOADING AND/OR USING THE PLATFORM, AND/OR AVAILING OF THE SERVICES, YOU EXPRESSLY ACKNOWLEDGE THAT YOU UNDERSTAND AND ACCEPT THESE TERMS OF SERVICE, TOGETHER WITH ANY AND ALL AMENDMENTS OR SUPPLEMENT/S THERETO AS WILL BE PUBLISHED ON THE PLATFORM, AS WELL AS ANY RELEVANT TREATIES, CONVENTIONS, LAWS, REGULATIONS, AND ORDERS.
3. IT IS ACKNOWLEDGED THAT ASCENT IS NOT AN AIR OPERATOR NOR A COMMON CARRIER. ALL SEATS AND FLIGHTS POSTED ON THE PLATFORM ARE SOLD AND ARRANGED BY ASCENT AS A GENERAL SALES AGENT OF INAEC AVIATION CORPORATION (“AIR CARRIER”), A GRANTEE OF A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FROM CIVIL AERONAUTICS BOARD (“CAB”). THE AIR CARRIER IS SOLELY RESPONSIBLE FOR THE PROVISION OF THE TRANSPORTATION SERVICE AND SHALL BE LIABLE FOR ANY COSTS OR DAMAGES ARISING FROM THE PROVISION OR FAILURE TO PROVIDE SUCH TRANSPORTATION SERVICE.
THE SERVICE PROVIDED BY ASCENT IS MERELY TO PROVIDE THE USERS OF THE PLATFORM THE ABILITY TO BOOK AND RESERVE FLIGHTS WITH THE AIR CARRIER.
IN CASE OF ANY LAND TRANSPORTATION, HOSPITALITY, LOGISTIC OR OTHER SERVICES ARRANGED BY ASCENT FOR YOU AS PART OF THE ANCILLARY SERVICES, THE THIRD PARTIES PROVIDERS SHALL BE SOLELY RESPONSIBLE FOR PROVIDING THE SAID SERVICES AND FULFILLING THEIR OBLIGATIONS TOWARDS YOU.
4. YOU ACKNOWLEDGE THAT YOU ARE BOUND BY THE AIR CARRIER’S TERMS AND CONDITIONS AS PROVIDED IN THE BOOKING CONFIRMATION TOGETHER WITH ANY AND ALL AMENDMENT/S OR SUPPLEMENT/S THERETO AS WELL AS ANY RELEVANT TREATIES, CONVENTIONS, LAWS, REGULATIONS, AND ORDERS.
5. ASCENT reserves the right to change, modify, add provisions on the Terms of Service at any time without prior notice; and all amended terms are automatically effective and binding on you upon posting at https://ascent.flights/terms-of-service.
6. The Service involves the usage of the Platform for seat reservations for Individual Service; and reservations for the entire aircraft, Charter Flight for transportation to and from locations described on the Platform.
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 Services are provided by independent third party service providers or vendors (“Third Party Vendors”) that are not employed by ASCENT or any of its affiliates.
7. In accordance with these Terms of Service, ASCENT grants you free access and use of the Platform solely for purposes of accessing and availing the Services.
Availment of Individual Service, Charter Flights and Ancillary Services would not be granted unless all fees or fares are paid in full. Such fees or fares shall include charges for applicable fees, taxes and other charges. These transactions are confirmed upon the receipt of the Electronic Ticket (“E-Ticket”).
8. While ASCENT adopts procedures to ensure accuracy of information posted on the Platform, ASCENT does not guarantee that all information provided in the Platform 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 due to the receipt other third parties beyond the control of ASCENT, obstructions for temporary or partial damage, repair or improvements to the Platform. This includes every information provided on our Platform as regards 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 email@example.com.
ASCENT does not make any representations and does make endorsements, suggestions in favor of the service quality of a Third Party Vendor. The Air Carrier or any Third Party Vendor listed on Platform, not ASCENT, shall be the parties liable for any claims, losses or liability arising from inferior 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 anytime at the discretion of ASCENT.
IT IS POSSIBLE THAT INFORMATION PROVIDED IN THE PLATFORM 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. ANY PURCHASE OR RESERVATION BASED ON SUCH APPARENT ERROR MAY BE CANCELLED BY ASCENT AT ITS SOLE DISCRETION.
9. ASCENT reserves its 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. Users may request reinstatement by contacting ASCENT through firstname.lastname@example.org.
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.
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.
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 without further charges.
10. 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 these Terms of Service. Users when availing of the Services represent and warrant that they are of legal age with full capacity to enter into contracts. Anyone using the Platform represents and warrants that he or she is at least 18 years of age.
11. Flight timings shall be in accordance with Philippine Local Time. The Platform will display seats available for sale in an Individual Service and available schedules and aircraft for Charter Flights.
12. When availing seat reservations for Individual Service or reservations for an entire aircraft for Charter Flights, each passenger shall provide his full name, nationality, credit card information, contact number, email address and such other details required on the Platform. Fares or fees corresponding to the Service procured by the User is displayed on the Platform. Fares are due and payable upon purchasing a Seat or Charter Flight.
Reservations will only be confirmed upon full payment of the entire amount due and receipt of the E- ticket.
13. A User may purchase credits (“ASCENT Credits”) that will be credited to the User’s ASCENT account in the Platform. ASCENT Credits may be used to procure all Services in the Platform, including those provided by Third Party Vendors. Similarly, upon full payment of the amount due, through the use of ASCENT Credits, the reservation, including Ancillary Services availed, if any, shall be confirmed through User’s receipt of the E-ticket. Users can buy ASCENT Credits for future uses.
14. Payments shall be made in the amount and currency as stated in the Platform. Applicable taxes, additional fees, passenger fuel surcharge corresponding to the level of authority provided by CAB at a particular period, if applicable, shall be added as part of the total fee payable to confirm reservation and purchase of other Services.
15. Payments shall be made through 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. Various acceptable credit and debit card are clearly displayed in the Platform.
Users should check the reservation details thoroughly and confirm that they agree with the price and charges displayed before confirming payment.
16. Payments are processed using third party service providers. Users are solely responsible for any charges, interest, overdraft penalties and any other impositions by the payment processors, credit card companies, banks and other payment service providers. ASCENT has the sole discretion to determine which payment systems, debit cards or credit cards will be allowed in the Platform.
17. After confirmation of full payment, ASCENT shall finalize the Services requested through a Booking Confirmation e-mail (“Booking Confirmation”) and consequently issue an E-ticket, which shall have the following details:
- Booking Code or Reference;
- User Name;
- Booking Details such as, but not limited to the departure and arrival date and time, Air Carrier name, and link to the Terms of Conditions of the Air Carrier; and
- Contact Details of ASCENT and of the Air Carrier.
18. ASCENT is not liable for credit or debit card fraud perpetuated by third parties and confirmed by payment processors. 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 email@example.com.
19. 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, these Terms of Service, the Air Carrier Terms of Service, Terms of Service of Third Party Vendors, if applicable; and any important reminders and information posted by ASCENT, the Air Carrier, and/or any Third Party Vendor.
20. A User booking seats for others must provide accurate information on the passengers who should have provided a written authority to the User to reserve the seats on their behalf. Under such written authority, all such passengers shall consent to and agree with, these Terms of Service, the Air Carrier Terms of Service, Terms of Service of Third Party Vendors, if applicable; and any important reminders and information posted by ASCENT, the Air Carrier, and/or any Third Party Vendor.
21. 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.
22. Subject to the compatibility to the Air Carrier’s Terms & Conditions, which shall take precedence over the terms provided hereunder for late passengers for Charter Flights. Passengers must arrive at least twenty (20) minutes prior to the scheduled departure time 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.
23. Subject to the compatibility to the Air Carrier’s Terms & Conditions, which shall take precedence over the terms provided hereunder for ate passengers for Individual Service. Passengers must arrive at least twenty (20) minutes prior to the scheduled departure time 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.
24. 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’s and Third Party Vendor’s Terms of Service.
25. For any special requests, the User may contact ASCENT at firstname.lastname@example.org, 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 discretion and/or policy of the Air Carrier or Third Party Vendor or ASCENT.
26. 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.).
27. 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.
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.
ASCENT is not be liable for any wilful misconduct, fraud, and/or negligence caused by the Air Carrier, or any Third Party Vendor, or any other passengers.
28. 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.
29. 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.
30. Prices on the Platform are based on the existence of certain conditions and these may change depending on several factors such as availability of booking and length of booking.
The prices or fees shall be exclusive of other service charges for Ancillary Services, 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 shall be itemized (to the extent possible) and the Platform 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.
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. In the event that a User cancels the booking before paying in full, ASCENT has the discretion whether to refund the amount paid or refund an amount, reduced by any costs incurred by ASCENT as a result of non-payment in full by the User.
ASCENT shall endeavour to refund amounts already paid by the User (exclusive of taxes and VAT) less costs incurred by the former such as inter-bank transfer fees. Refunds may not be immediate. The refund shall be done through ASCENT Credits credited to the User’s account.
If the User has any doubt or questions about the Service or any Ancillary Services, the User may contact ASCENT at email@example.com
31. 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 for the reservation within the time prescribed under these Terms of Service.
33. A User shall not allow anyone else to use his ASCENT account or to transfer such account, unless permitted by ASCENT in writing. Users must secure and hold in confidence the account password; and any identification number or information provided by ASCENT. 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.
34. Users are responsible for any use or misuse of his account. Any User who no longer has control over his account, or believes that an unauthorized person gained access to the account must notify ASCENT (firstname.lastname@example.org) immediately to allow ASCENT to temporarily or permanently block or reactive the account.
35. By using this platform, User hereby represents and warrants that the User is not subject to any legal prohibitions or restrictions that prohibit conduct related to this Platform or subject to any legal sanctions under any anti-money laundering regime.
36. Only a Limited License is granted to the User and only for certain limited non-transferable and non-assignable rights to access and use the Platform to the extent expressly permitted by these Terms of Service. All other rights to the use of the Platform are not granted and shall be wholly owned by ASCENT or other third party owners of said license.
Content in the Platform and the software infrastructure used to provide the Content (“Content”) is wholly owned by ASCENT, licensed by ASCENT from third party suppliers or otherwise used by ASCENT with permission or as allowed by law.
37. 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 the Revised Penal Code and other Philippine Criminal laws and 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.
38. 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.
39. Some links and websites provided by ASCENT or 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.
40. 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: email@example.com 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 for any losses and damages if it is found the such accusation is false or fraudulent.
41. Users may receive ASCENT Credits if they cancel seat reservation/s for an Individual Service or Charter Flight Reservation by providing notice to ASCENT at least forty-eight (48) hours prior to the scheduled departure.
Users may contact ASCENT for any related question at firstname.lastname@example.org or at +63 906 354 9307.
42. 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 (as defined below) 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 endeavor to send notifications of weather delays or cancellations within an hour before departure time.
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 purchased your ticket. Such reassignments may include moving between helicopters and/or helipads.
43. Subject to the compatibility to the Air Carrier’s 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 the same flight with no additional charge or applying for a refund of the fare paid through ASCENT Credits (exclusive of applicable taxes and VAT) creditable to the ASCENT account used to book the flight.
44. Subject to the compatibility to the Air Carrier’s 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 through ASCENT Credits (exclusive of applicable taxes and VAT) creditable to the ASCENT account used to book the flight.
45. In the event that a flight is cancelled for any reason, Passengers will have the option of booking a different but equivalent flight at no additional charge; or receiving ASCENT Credits creditable to the ASCENT account used to book the cancelled flight for the fare purchased. Any ASCENT Credits received must be used within twelve (12) months from the date such credit reflected in the User’s account.
46. Ground Transport. If a flight is delayed and a passenger does not choose to reserve on a different flight, or when passenger chooses to cancel his 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. Car departure times and locations may differ from the original flight time and pick up locations; and passenger may also be in the vehicle with other passengers.
Passengers availing of the Ground Transport shall be given a refund for the unused flight (less expenses incurred for the land transportation arranged by Service Provider) in the form of ASCENT Credits (exclusive of taxes and VAT) which may be used for future travel for up to twelve (12) months from the date such credit is issued.
47. The helicopter pilot (the “Pilot”) has the sole discretion, for reason of safety, to divert the helicopter 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. 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.
Should the pilot refuse to fly or decides to delay the flight for any reasons of safety, the delay policies in Sections 43 to 47 above will control.
48. The validity of the following terms and conditions stipulated in this section, 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’s Terms & Conditions that will be provided as part of the Booking Confirmation.
49. Your luggage will be inspected for size and weight when you arrive at point of departure. You shall only be allowed to take one (1) cabin luggage with specifications as follows:
|Weight||Up to 10kg|
|Dimensions||Up to 56cm x 36cm x 23cm|
50. 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. This luggage service is an Ancillary Service, chargeable at a fare. Luggage will be picked up before the flight departure time at a time and location as indicated in your Booking Confirmation. 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 these Terms of Service.
51. Pets are not allowed in flights or as checked-in luggage.
52. 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 helicopter.
53. ASCENT, on its own or on behalf of the Air Carrier, may refuse to transport or may offload at any point any passenger for one or several reasons, including but not limited to: (i) any act by the passenger which compromise the safety of the flight, (ii) violation of these 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.
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.
56. 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.
57. 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.
58. 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.
59. ASCENT provides opportunities for third parties to deliver, load, transmit or otherwise make available any information, advertisement, data, text, images, sound, graphics, video, messages, reviews, or other materials through the Platform. ASCENT does not control nor review such information or links and is not responsible for the content provided by third parties.
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.
60. 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.
61. At all times, it is agreed that the User remains bound by the obligations stipulated in these Terms of Service; including but not limited to the warranties, indemnification, waiver and limitation of liabilities.
62. ASCENT shall not be liable to the User or any third party for any termination or suspension of User’s access to the Platform.
64. These Terms shall be governed by and interpreted in accordance solely with the Laws of the Philippines
65. 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, it shall be referred to and finally resolved by arbitration in the Philippines to the exclusion of the ordinary courts, in accordance with the rules of the Philippine Dispute Resolution Center, Inc. (PDRCI) for the time being in force which rules are deemed to be incorporated by reference in this Article.
66. The place of arbitration shall be in Pasig City and the language of the arbitration shall be English. The arbitration tribunal shall consist of one (1) arbitrator to be appointed by the President or the Chairman of the PDRCI. The arbitral award made and granted by the arbitrator shall be final, binding and incontestable.
67. 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.
68. ASCENT does not manage nor control the Air Carrier or the Third Party Vendors.
69. 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 these 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 these Terms of Service or negligence by you and/or the Third-party.
70. These 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 these Terms of Service.
71. 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.
72. Failure by either Party to enforce any provision of these 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 these Terms of Service or as a waiver of any continuing, succeeding or subsequent breach of any provision or other provisions of these Terms of Service.
73. You may not assign or transfer your rights or obligations under these Terms and Condition, without our prior written consent.
74. ASCENT reserves the right to amend or repeal the Terms of Service (or parts thereof) in our sole discretion. We may amend the Terms of Service at any time by posting a variation on the Platform. The latest version of the Terms of Service will supersede all previous versions.
75. Except where expressly stated, nothing in these 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 these Terms of Service. Notices given pursuant to these Terms 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).
76. ASCENT shall not be liable for any non-performance or violation of these Terms, 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, 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.
77. 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.