Passenger Operator Agreement
This Operator-Passenger Agreement («Agreement») between FILOU EUROPE SL, located at Paseo Santa Maria de la Cabeza 75, 28045 MADRID, («NextNorth») and the «Passenger» establishes the terms and conditions in which NextNorth offers services air broker technology to request charter flights to the Passenger (“Flights”).If the Participant travels with and pays for multiple travelers, the execution of this Agreement by the Participant will be on behalf of the Participant and all members of the group of Notwithstanding the foregoing, upon request, NextNorth will provide a copy of this Agreement to any member of the travel party.
THIS AGREEMENT IS IN ADDITION TO NEXTNORTH’S GENERAL TERMS AND CONDITIONS. IN THE EVENT THAT THIS AGREEMENT IS IN CONFLICT WITH NEXTNORTH’S GENERAL TERMS AND CONDITIONS, THIS AGREEMENT WILL CONTROL IN ALL RESPECTS.
FLIGHT RESERVATION, CONFIRMATION AND PAYMENT
The price of the flight includes all applicable taxes and fees and can be viewed through the NextNorth mobile application (the «Application») and on NextNorth.io (collectively, the «Services»). Flight requests are made through the Services. FLIGHTS ARE NOT CONFIRMED UNTIL PARTICIPANT RECEIVED A CONFIRMATION EMAIL (“Confirmation”). NextNorth will not provide confirmation until full payment for the Flight is received. NextNorth will not accept payment for the Flight unless, in connection with such payment, the Participant digitally accepts this Agreement.
DIRECT AIR TRANSPORTATION, AIRPLANES AND LUGGAGE
Flights between the Balearic Islands are operated by several air operators certified in Spain «Operadores». NextNorth and the operators reserve the right to substitute the operator or the aircraft. Passengers are allowed one carry-on bag (not to exceed 12kg). All baggage is subject to the sole discretion of the Carrier. Additional baggage requires prior approval from the operator. Neither NextNorth nor the Operators assume responsibility for lost, damaged or delayed baggage. More details on NextNorth’s baggage policy can be found at https://nextnorth.io/baggage-policy/
PASSENGER CHANGES
THE RIGHT TO A REFUND IF THE PASSENGER CHANGES A FLIGHT IS LIMITED TO THE FOLLOWING:
- Full refund until execution of this Agreement.
- Cancellations made more than seven (7) days prior to the scheduled departure time of the Flight will receive a credit to the Participant’s account for the amounts paid for the Flight. The passenger can use the NextNorth credits for a future flight or a part of it (subject to availability). Cancellation credits expire within twelve (12) months of receipt.
- Unless otherwise stated in the NextNorth Change and Cancellation Policies, there will be no refund or credit for cancellations made seven (7) days or less prior to the flight’s scheduled departure date.
- There is no refund for «no shows» or missed flights due to delays.
- Notwithstanding the foregoing, substitute passengers may be arranged for charter passengers at any time prior to departure. If the Passenger provides NextNorth with a substitute passenger, or NextNorth hires a substitute passenger, NextNorth will refund all monies paid by the Passenger to NextNorth , less an administrative fee of €25. NextNorth will not be deemed to have contracted a substitute participant unless all seats on the Flight are sold.
CANCELLATIONS BY NextNorth
WILL NOT CANCEL A FLIGHT LESS THAN TEN (10) DAYS BEFORE THE SCHEDULED DEPARTURE DATE, EXCEPT FOR CIRCUMSTANCES THAT MAKE THE FLIGHT PHYSICALLY IMPOSSIBLE. If such cancellation occurs, NextNorth will notify the Passenger as soon as possible and the Passenger may (i) reschedule the Flight (subject to availability) or (ii) request a refund. NextNorth reserves the right to cancel a Flight for any reason, provided that NextNorth notifies the Passenger in writing within seven (7) days of the cancellation, but in no case later than ten (10) days before the departure date. scheduled.
«MAJOR CHANGES» BY NextNorth
If NextNorth makes a «major change» prior to departure, the passenger may cancel and receive a full refund. For purposes of this Agreement, Material Changes are defined and limited to:
1.a change in departure or return date, unless the change is due to a flight delay.
2.a date change that is made known to NextNorth two (2) days prior to the scheduled flight date.
3.a delay greater than 48 hours.
4.a change in the city of origin or destination, unless the change affects only the order in which the cities mentioned in a tour package are visited.
5.a substitute for any hotel not included in this Agreement.
6.an aggregate price increase of more than ten (10) percent occurring more than (10) days prior to departure.
NextNorth will notify the passenger of a material change within seven (7) days of first being notified of the change, but at least ten (10) days before scheduled departure; provided, that if NextNorth becomes aware of a material change less than ten (10) days prior to scheduled departure, NextNorth will notify the passenger as soon as possible. WITHIN SEVEN (7) DAYS OF THE PASSENGER RECEIVING A MAJOR CHANGE NOTICE PRIOR TO DEPARTURE, BUT IN NO EVENT AFTER DEPARTURE, THE PASSENGER MAY CANCEL THE FLIGHT AND REQUEST A REFUND. IF THE PASSENGER RECEIVES A POST-DEPARTURE MAJOR CHANGE NOTIFICATION, THE PASSENGER MAY REFUSE THE CHANGE AND REQUEST A REFUND.
REFUNDS
Unless otherwise stated, refunds will be made in full. Requests to cancel flights or receive a refund must be made by calling NextNorth at +34 616983046 and providing the information that NextNorth reasonably requests. IF THE PASSENGER REQUESTS A REFUND DUE TO A CANCELLATION BY NextNorth OR A MAJOR CHANGE PRIOR TO DEPARTURE, THE REFUND WILL BE PROCESSED WITHIN FOURTEEN (14) DAYS. IF THE PASSENGER REQUESTS A REFUND DUE TO A MAJOR POST-DEPARTURE CHANGE, THE REFUND WILL BE PROCESSED WITHIN FOURTEEN (14) DAYS OF THE SCHEDULED RETURN DATE. POST-DEPARTURE REFUNDS ARE LIMITED TO A REFUND FOR THE PORTION OF THE FLIGHT THAT WAS REFUSED DUE TO A MAJOR CHANGE. The rights and remedies available under this agreement, including the procedure for managing material changes, are in addition to any other rights or remedies available under applicable law; however, acceptance of a refund provided under this Agreement will constitute a waiver of such other rights and remedies.
PASSPORT PROGRAM NextNorth
Certain flights are eligible for the NextNorth Passport program (the «Program»). The Program allows a participant to receive a discount in exchange for purchasing a certain number of Flights. The flights can be used one at a time or in any number by different passengers.
SHARED FLIGHT
If you are purchasing seats on a flight that is considered «UNCONFIRMED» OR «PROPOSED»:
Your flight will be confirmed once the designated number of seats needed to confirm the flight (3 seats) have been purchased. A hold equal to the full amount of your order will be placed on your credit card after you pay. You will only be charged if the minimum number of seats needed to confirm the flight is purchased. If the minimum number of seats required to confirm the flight is not purchased, your credit card hold will be released. You can cancel your seat(s) without penalty and receive a refund only if the flight is not confirmed. By completing your order, you authorize NextNorth to charge your credit card for the total value of the order shown once the flight is confirmed.
Once your flight is confirmed, your order cannot be canceled or changed. Any cancellation or change after the confirmation of the flight will result in the total loss of the total value of your order. Similarly, failure to (i) show up, (ii) arrive at least 15 minutes prior to departure in possession of a valid government-issued ID, or (iii) board the aircraft when instructed will result in in the total loss of the total value of your reservation.
If you are reserving seats on a flight that is considered «CONFIRMED»:
Your order cannot be canceled or changed. Any cancellation or change will result in the total loss of the total value of your order. Similarly, failure to (i) show up, (ii) arrive at least 15 minutes prior to departure in possession of a valid government-issued ID, or (iii) board the aircraft when instructed will result in in total loss of your total order value.
LIMITED LIABILITY
Operators may refuse to transport or remove a passenger from an aircraft for any reason, including but not limited to:
Failure to comply with this Agreement or the instructions of the Operator in general;
Disruptive, disruptive, abusive, threatening conduct;
Passenger’s appearance of being intoxicated or under the influence of drugs or alcohol;
The appearance that a passenger is involved in illegal activity; either
Unauthorized photography in NextNorth lounges or on flights.
Refunds for canceled flights under this section will be determined on a case-by-case basis.
LIMITED LIABILITY
NextNorth IS THE PRINCIPAL AND IS RESPONSIBLE TO THE PARTICIPANT FOR ALL SERVICES AND ACCOMMODATIONS, IF APPLICABLE, RELATED TO THE FLIGHT. HOWEVER, EXCEPT IN CASES OF NEGLIGENCE BY NextNorth, NextNorth IS NOT LIABLE TO PARTICIPANT FOR ANY LOSS, INJURY, EXPENSE, PROPERTY DAMAGE OR PERSONAL ILLNESS, INJURY OR DEATH RESULTING FROM OR DURING A FLIGHT.
NOTWITHSTANDING THE FOREGOING, NextNorth DOES NOT PROVIDE TRANSPORTATION SERVICES AND IS NOT A DIRECT AIR CARRIER. NextNorth OFFERS INFORMATION AND A METHOD FOR OBTAINING THIRD-PARTY TRANSPORTATION SERVICES, BUT DOES NOT PROVIDE AND DOES NOT INTEND TO PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY WAY AS A CARRIER, AND HAS NO RESPONSIBILITY FOR ANY TRANSPORTATION SERVICES PROVIDED TO THE PASSENGER BY A THIRD PARTY. NextNorth MAY INTRODUCE THE PASSENGER TO THIRD-PARTY TRANSPORTATION PROVIDERS TO PROVIDE PASSENGER TRANSPORTATION, BUT NextNorth DOES NOT EVALUATE THE SUITABILITY, LEGALITY, OR ABILITY OF ANY THIRD-PARTY TRANSPORTATION PROVIDER, AND THE PASSENGER EXPRESSLY WAIVES AND DISCLAIMS ALL CLAIMS TO NextNorth FOR THE CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO THE TRANSPORTATION PROVIDER. PASSENGER ACKNOWLEDGES THAT NextNorth DOES NOT MONITOR ANY THIRD-PARTY TRANSPORTATION PROVIDER’S CONTINUED COMPLIANCE WITH ANY AND ALL LICENSE AND/OR PERMIT RULES AND REGULATIONS, AND NextNorth SHALL NOT BE LIABLE FOR ANY LIABILITY, OR CLAIM OR DEMAND, RELATED TO NON-COMPLIANCE WITH A THIRD-PARTY TRANSPORTATION PROVIDER TO MAINTAIN A CURRENT LICENSE OR PERMIT. RESPONSIBILITY FOR DECISIONS MADE BY THE PASSENGER REGARDING NextNorth SERVICES IS SOLELY WITH THE PASSENGER. NextNorth WILL NOT EVALUATE THE SUITABILITY, LEGALITY, OR ABILITY OF ANY SUCH THIRD PARTY, AND PASSENGER EXPRESSLY WAIVES AND RELEASE NextNorth FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PASSENGER’S USE OF THE SERVICE. THIRD PARTIES INTRODUCED TO PASSENGERS BY THE SERVICE. IN NO EVENT SHALL NextNorth, ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL AND/OR INCIDENTAL, ARISING OUT OF OR RELATED TO THE CONDUCT OF THE PASSENGER OR ANY OTHER PERSON IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, DEATH, BODILY INJURY, EMOTIONAL DISTRESS AND/OR ANY OTHER HARM RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES, PARTICIPANTS WHO MEET THROUGH THE SERVICES, OR PASSENGERS WHO HAVE BOOKED FLIGHTS THROUGH THE SERVICES.
ANY DISPUTE A PASSENGER HAS WITH ANY OPERATOR, CARRIER, SERVICE PROVIDER, OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN THE PASSENGER AND SUCH THIRD PARTIES, AND THE PASSENGER IRREVOCABLELY RELEASE NextNorth. , SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES. NextNorth WILL NOT BE A PARTY TO THE DISPUTES OR DISPUTE NEGOTIATIONS BETWEEN THE PASSENGER AND ANY THIRD PARTY. THE QUALITY OF FLIGHTS SCHEDULED THROUGH THE SERVICES ARE THE SOLE RESPONSIBILITY OF THE THIRD PARTY PROVIDER PROVIDING SUCH FLIGHTS. PARTICIPANT UNDERSTAND THAT BY USING THE SERVICES, PARTICIPANT MAY BE EXPOSED TO POTENTIALLY DANGEROUS, HARMFUL OR OTHERWISE UNSAFE TRANSPORTATION AND THAT PASSENGER USES PARTICIPANT’S SERVICE AT THEIR OWN RISK.
NextNorth DOES NOT PROVIDE OR HAVE AIR CHARTER BROKER LIABILITY OR ANY OTHER INSURANCE EXTENDED OR INTENDED TO PROVIDE ANY COVERAGE, PROTECTION OR BENEFIT TO THE USER BEFORE, DURING OR AFTER ANY FLIGHT.
MISCELLANY
Pets are allowed on flights if (i) they weigh less than 12 Kilograms and (ii) they are placed in a carrier or can be placed on the passenger’s lap. NextNorth must be notified in advance of all travel with pets and service animals by calling NextNorth at +34 616983046.
The Passenger is responsible for all costs, including excessive cleaning, associated with any damage, stains or extraordinary wear and tear caused by, or otherwise attributed to the Passenger or the passengers accompanying the Passenger who made the reservation on any Flight («Fee for Damage»). All damage fees will be charged to the default payment method listed on the participant’s account.
NextNorth is not responsible for reserving hotels or providing any other accommodations.
The passenger and each member of the travel party must present a government-issued photo ID prior to boarding; said identity document must match the name that appears on the Confirmation. Failure to provide proper identification may result in (i) delayed boarding and departure, or (ii) denied boarding and loss of amounts paid for the Flight.
NextNorth and/or Operators, or their substitutes, reserve the right to assign seats to all passengers.
All communications, including legal notices, sent to the Operator must be sent by mail to the address indicated above. Any reasonable method of written communication to the Passenger will be deemed adequate notice by NextNorth.
This Agreement shall be governed by and construed in accordance with the laws of Spain. Each of the parties irrevocably and unconditionally: (i) agrees that any claim, action or legal proceeding arising out of or related to this Agreement shall be brought in the courts of Spain. in this; (ii) consent to jurisdiction and court rules in such courts; (iii) waive any objection you may have to personal jurisdiction, subject matter jurisdiction, and venue in any such claim, action, or proceeding in any such court; and (iv) agree that service of any court document may be served on such party by mail, or as otherwise provided under applicable law or the judicial rules of such court. THE PARTIES HEREBY KNOWINGLY AND FREELY WAIVE THEIR RIGHTS TO A TRIAL BY JURY IN ANY ACTION, LAWSUIT OR PROCEEDING RELATED TO, ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT.
If one or more provisions of this Agreement are found to be illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions will not be affected or impaired in any way.
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