Terms & Conditions

TERMS OF SERVICE These terms of service (“Terms of Service”) and End User License Agreement (“EULA”) are being executed between you, an individual user (“You” or “you”) and Fly Celesta Private Limited, a company incorporated under the provisions of Companies Act, 2013 having its registered office at Prestige Shantiniketan, 10th Floor, Tower B, ITPL Main Rd, Whitefield, Bengaluru -560048, Karnataka, India (hereinafter referred to as “FLY CELESTA”, “Company”, “We”, “Us” or “Our” (as the context may require) which terms and expressions shall unless repugnant to the subject, context or meaning thereof be deemed to mean and include its successor(s) and assign(s)). For the purpose of the User Agreement, ‘You’ shall mean any natural or legal person who is a Guest user or is a Member who has agreed to purchase Charter services offered by the ‘Operator’ after providing his personal data such as cell number and email id, etc.
(You and the Company FLY CELESTA shall herein also be individually referred to as “Party” and collectively as “Parties”) These Terms of Service shall govern:
(i) your use of the Company’s mobile application (“App”),
(ii) any websites/ portals owned and/or controlled by or on behalf of the Company (“Site”), and (iii) the transportation or experiential short distance services provided by Fly Celesta Private Limited to You (collectively, the “Service”).

By accessing the website and using mobile app, and accepting the terms and conditions mentioned herein below, you become member of FLY CELESTA. By becoming a member, you are entitled to avail various offers announced from time to time, other ancillary services, access to world class lounge managed by FLY CELESTA at the various heliports etc. FLY CELESTA represents and you acknowledge that all destination flights as detailed anywhere in this website is open to use only to the members of the website   and not to the general public. By purchasing a flight on FLY CELESTA website you further acknowledge that your said purchase of flight  shall be deemed to have been purchased by invitation only. By installing or otherwise accessing or using the App, Site and/or the Service, you agree that you have read, understood and agree to be bound by these Terms of Service and EULA. You acknowledge that FLY CELESTA does not provide Air Carrier Services and is not a registered/Licensed air carrier and that all flights are operated by licensed operators. Any crowd-sourced flights posted to and from anywhere in India are only being offered by FLY CELESTA as an agent of customer and in no way the Company shall be construed as the licensed air carrier. FLY CELESTA provides a platform where seller and buyer of Air Charter services meet and facilitates the Air Charter Services offered by a NSOP to a customer through the use of application /service/mobile app,etc. FLY CELESTA merely offers information and a method via a  digital platform to  such third party for  air charter booking services.“It is an enabling website and platform for consumers to connect with a third party, which is an independent licensed Charter Helicopter Operator. Once Operator accepts a booking request, customer shall be notified with the itinerary details through email/ SMS or Mobile application.
Fly Celesta Private Limited shall do all the reasonable efforts to connect you with the Operator & the services are subject to the availability for requested dates”.
“Your use of this Website, Application and Services provided is subject to the following terms of use:
THE COMPANY DOES NOT PROVIDE CHARTER SERVICES, AND THE COMPANY IS NOT A LICENSED AIR CARRIER. IT IS UP TO THE THIRD PARTY CHARTER OPERATOR (“OPERATOR”) TO OFFER CHARTER SERVICES, WHICH MAY BE  SOURCED THROUGH USE OF THE APPLICATION OR SERVICE. THE COMPANY OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH THIRD PARTY CHARTER SERVICES.

By using this website and/or Mobile Application or user of the service through the travel agents you hereby acknowledge that FLY CELESTA is not a transport services provider and only a technology enabling platform and offers the method to obtain the services of the Operator, but in no way does it have any responsibility or liability for any charter services provided by third parties. By using the Services and booking a flight, you authorize Fly Celesta Private Limited to enter into a charter contract with the Operator as your agent”.
For flights to any destination that are charters of the entire helicopter capacity, you agree that the Company acts as your agent in arranging the flight on your behalf. For public charter flights in which the Company acts as an agent of the Customer and is a facilitator, see our ‘Operator-Participant EULA’ as available on our Site and App. If You do not agree, You may not use the Service. In order to have a copy of these Terms of Service, EULA and the Company’s Privacy and Cookie Policy sent to you via the App and/ or Site, kindly contact the Company at customerserv@flycelesta.in.
General
1.1. Service The Service allows you to reserve flight  i.e. fixed wing rides and any other similar air carrier arranged by the Company for rendering the Service ) between the locations described on the App and Site of the Company.
1.2. Consideration You may access the App/ Site for free, but in order to reserve a flight , you will have to pay a fare, as published on the App or Site, or as otherwise agreed upon between you and the Company. You agree to these Terms of Service and EULA in consideration of your use of the Service and other good and valuable consideration, the receipt and sufficiency of which you hereby acknowledge.
1.3. Amendment to the Terms of Service and the EULA App and Site are owned and operated by FLY CELESTA. FLY CELESTA reserves the complete right to revise these Terms of Service and EULA in its sole discretion at any time without giving a prior notice to you, other than by posting the revised Terms of Service and EULA on the Site and/ or App. Any amendments/ revisions/ modifications to these Terms of Service and EULA shall be effective upon posting of such revised/ amended/ modified version of the Terms of Service and EULA on the App and/ or Site by FLY CELESTA and accordingly these Terms of Service and EULA will be identified as of the most recent date of their revision/ amendment/ modification. Your continued use of the Service after a revised version of these Terms of Service and EULA has been posted on the App and/ or Site by FLY CELESTA, constitutes your binding acceptance of such revised/ amended/ modified Terms of Service and EULA. Notwithstanding the preceding sentences of this Clause 1.3, no revisions to these Terms of Service and EULA shall apply to any dispute between you and the Company that arose prior to the effective date of such revision/ amendment/ modification. In addition to the foregoing, in the event of any dispute or conflict arising between the Parties with respect to the construction/ interpretation of any clause(s)/ provision(s) hereof, such version of relevant clause(s)/ provision(s) shall be taken into consideration for the resolution of said dispute/ difference, which was/ were applicable or was/ were in force at the time the said conflict or dispute arose between the Parties.
1.4. Eligibility If you are using or becoming a member  on the Site or App for availing Service of the Company on behalf of any company, entity or organization ( “Subscribing Entity”), then you represent and warrant that you:
(i) are an authorized representative of that Subscribing Entity with the authority to bind such company/ entity/ organization to these Terms of Service and EULA; and
(ii) agree to be bound by the Terms of Service and EULA on behalf of such Subscribing Entity.
1.5. Children The App/ Site is not intended for children under the age of eighteen (18) years. If you are under eighteen (18) years of age, you must not use or access the App/ Site at any time or in any manner. By using the App/ Site, you affirm that you are at least eighteen (18) years of age. At the heliport, children must carry their respective identity cards.
1.6. Registration and Eligibility for becoming a member and Other Terms and Conditions
(i) Log In Credentials In order to become a member , You will have to register for an account on the App/ Site (“Account”). When registering, you must provide your e-mail address and a password. This information will be held and used in accordance with the Privacy and Cookie Policy of the Company. You are responsible for maintaining the confidentiality of your log-in credentials in order to use the Service and are fully responsible for all activities that occur through the use of your credentials. You agree to notify the Company immediately of any unauthorized use of your log-in credentials or any other breach of security with respect to your account. The Company shall not be liable for any loss or damage arising from the unauthorized use of your credentials prior to you notifying the Company of such unauthorized use or loss of your credentials. The Company shall protect your Confidential Information in accordance with its ‘Privacy and Cookie Policy’ as available on the Site and App, as amended from time to time by the Company. If upon your intimation to the Company of any unauthorized use or breach of your log-in credentials, the Company is of the opinion that the same is beyond the
(i) scope of ‘Privacy and Cookie Policy’ of the Company; and/ or
(ii) reasonable control of the Company, in such an instance the Company shall not be liable for any loss or damage arising out of such unauthorized use or breach of your log in credentials.
(ii) Accuracy of Information You represent to provide true, accurate, current and complete information about yourself as requested in any registration form(s) of the Company. You also agree to update the information about yourself promptly, and as necessary, to keep the information in the database of the Company current and accurate at all times. If messages sent to an email address provided by you are returned as undeliverable, the Company reserves the right to terminate your membership  immediately with or without notice to you and without any liability to you or any third party.
(iii) Buying  a flight The App or Site will display  available  Flights (b) To reserve/charter a Flight, you will need to provide your credit card/ debit card/ net banking information and a valid cell phone number and go through the steps necessary on the App or Site to complete your purchase. Your Flight is not confirmed until you receive a confirmation voucher through e-mail from the Company.
(iv) Fares And Payments (a) Fares The fare for each flight  will be displayed on the App and Site. Fares are due and payable upon purchasing a flight . (b) Payments The Service, App and Site currently uses third parties to process payments. Our third-party payment processors accept payments through various credit cards/ debit cards/ net banking, as detailed on the applicable payment screen. All monetary transactions pertaining to the Service shall take place in Indian Rupees (INR). (c) Additional Fees In the event you are late for your Charter, there will be additional charges for the same which shall be intimated to you by the ‘Customer Service Team’ of FLY CELESTA. Additional fees may also be imposed upon you for late operations, catering requests, ground transportation requests and excess baggage. (d)  The word ‘Passenger’ occurring anywherein this Privacy Policy or EULA means any customer member who has booked a flight and is entitled to be carried or who is carried on the helicopter except members of the crew.  Passengers  must arrive fifteen (30) minutes prior to their indicated departure time for all Flights at the FLY CELESTA lounge. Flights may depart up to five (5) minutes ahead of their indicated departure time due to circumstances including but not limited to weather conditions, temporary flight restrictions, airport congestion, airport curfews and pilot duty times. The Passenger(s) shall not claim(s) for any refund in the event of any Flight being missed by the Passenger(s) on account of departure of the Flight before its indicated time of departure in accordance with the present provision. Helicopter will not wait for late passengers and passengers who miss their Flights will get the purchase price forfeited by the Company. Passengers who are late for Charters are subject to additional fees as described in Clause (iv)(c) herein above. Passengers who are late for their Charter flights will get their purchase price forfeited if they are more than five (5) minutes late and the air carrier can no longer service the Flight due to the helicopter availability.
(v) CANCELLATION, MODIFICATION AND REFUND POLICY (a) Cancellation Policy You shall be bound by the following Cancellation Policy of the Company: You can cancel a Flight by calling at the toll free Call Centre number of the Company which is +91 91 8803 7000 or dropping an email on the customerserv@flycelesta.in
a. The full amount will be refunded if cancellations are made 10 days before the flight departure. A sum of Indian Rupees. 5000 cancellation fee will be applied.
b. 50% of the amount will be refunded if cancellations are made 3 days before the flight departure.
 c. 25% of the amount will be refunded if cancellations are made 12 hours before the flight departure. 25% discount will be offered on the next booking on the next booking Best Available Rate of the Day
d. There will be no refund for cancellations are made within 12 hours the flight departure.
(b) Modification Policy CHANGES: You can request a switch from one flight to another by calling us at +91 91 8803 7000 or sending us an email to customerserv@flycelesta.in. Modification of the invoice is allowed until 24 hrs before departure. The fare difference if any will charged, with a change fee of INR 5000.
(c) Refund Policy If the invoice has been paid for by credit card, the proceeds will be credited to the respective credit cards If the invoice has been paid for by debit card/net banking, the proceeds will be directly credited to the respective bank account
(vi) Flight Delay Policy From time to time, your Flight may be delayed due to weather, unforeseen mechanical issues, temporary Flight restrictions, air traffic delays and heliport congestion. If Your Flight is cancelled or delayed, you will be notified by Team FLY CELESTA via email, text, phone or in- App notification. In the event weather forecasts look unfavorable and our operators advise Us there is a high probability of cancellations due to weather, FLY CELESTA shall endeavor to send notifications of weather delays or cancellations at least one (1) hour prior to your departure time. However, weather conditions change rapidly and there may be circumstances where flights are cancelled or delayed for weather or mechanical reasons up until the departure time. In the event any Flight is delayed for more than two (2) hours, you have the option of cancelling your Flight and receiving the refund from FLY CELESTA for the fare purchased. FLY CELESTA’s Cancellation Policy outlined in Clause (v) herein above, shall apply to anyone cancelling their invoices on a Flight. In order to minimize the passenger impact of cancellations and delays due to weather, unforeseen mechanical events, temporary flight restrictions and heliport congestion, FLY CELESTA may reassign You to a different helicopter than the type on which You originally purchased Your invoice. If for any reason, You decline to accept the alternate helicopter, Fly Fly Celesta shall refund You for the originally purchased fare. If FLY CELESTA has to move Your Flight to a time earlier than Your negotiated departure time due to weather, unforeseen mechanical issues or Temporary Flight Restrictions and You are unable to make the newly agreed Flight, FLY CELESTA shall refund you for the originally-purchased fare.
(vii) All Weather Guarantee FLY CELESTA will provide complimentary chauffeur-driven vehicles for customers on flights cancelled due to weather, agreed to fly between locations on FLY CELESTA flights departure times may differ than Your original Flight time and pick up locations for flights may be limited to Heliport. You also will be in a car with other passengers. FLY CELESTA will refund You the amount charged for the cancelled Flight.
(viii) Weather Insurance Weather Insurance is available as an upgrade for purchase on select routes. If You choose to add Weather Insurance, in the event of a weather cancellation, You can opt to receive a full credit card/ debit card refund.. If You have purchased Weather Insurance and Your Flight is cancelled due to weather, please email to Us at customerserv@flycelesta.in and FLY CELESTA will refund Your fare.
FLY CELESTA’s Weather Insurance is subject to the following terms:
(i) All-Weather Guarantee is applicable to fliers who opt for FLY CELESTA’s weather insurance and request a credit card/ debit card refund;
(ii) the credit card/ debit card refund amount is based on the entire value of the order – flight price, taxes, upgrades (excluding Weather Insurance upgrade);
(iii) Credit card refunds are applicable to purchases made using credit cards only.
(iv) Weather Insurance can be added by calling Flier Relations post booking the flight.
Carriage of Liquor There is no check in baggage and liquor can only be added into the on ground baggage transport services provided as per legal restrictions for inter-city transport.
Luggage Policy One small soft cover foldable carry on per person is allowed (5 kgs). Baggage has to be a small soft cover foldable hand bag and cannot be hard top. Your luggage will be inspected for size and weight when you arrive to the FLY CELESTA Lounge or point of departure. Golf Clubs are only permitted on charter flights. If you have excess or oversize baggage: If you bring oversize baggage to your flight, a member of Team FLY CELESTA reserves the right to disallow bags that are deemed too heavy or large. It is recommended you avail the baggage transfer facility offered by FLY CELESTA which will transport your oversize baggage at a charge, before your flight onward to your destination. Pricing is available on request  or via the customer support team on +91 91 8803 7000 The following items are not permitted:
• Samsung Galaxy Note 7
• Contraband
• Firearms, inflammable materials, ammunition and explosives
• Aerosol cans
• Smoking devices and e-cigarettes The following items must be on your person or in the cabin with you and are prohibited from being in your checked in baggage
• Lithium batteries
• Consumer electronics and power banks
• Medical devices like hearing aids, pacemakers
• Watches, cellular phones, laptop computer, and hearing aids containing lithium cells or batteries, and spare lithium batteries and cells for these devices.
• At the heliport, passengers carrying more than the baggage allowance, that is, five (5) kilograms will need to send the luggage through the baggage transfer partner by road at their own expense.
(xi) Pets No pets shall be allowed on the helicopter. You are requested to take care of the present restriction.
(xii) Passenger placement FLY CELESTA may assign specific places to passengers on Flights at the air carrier’s request based on the weight and size of the passenger and the helicopter.
(xiii) Refusal To Transport FLY CELESTA may, in its sole discretion, refuse to transport or may remove from a helicopter at any point any passenger for one or several reasons, including but not limited to:
(i) failure by the passenger to comply with the rules of these Terms of Service and EULA or disobeying specific instructions given by the helicopter pilots in the interest of safety;
(ii) conduct of the passenger that in the judgment of the Company is or is known to be disorderly, disruptive, abusive, threatening, or violent or otherwise inimical to the comfort of other passengers or to safety of the Flight;
(iii) appearance by the passenger that he/she is intoxicated or under the influence of drugs to a degree that refusal or removal may be necessary for the comfort and safety of the passenger, other passengers, or the Flight crew. Unauthorized photography in the FLY CELESTA lounges or on Flights may also be deemed reason for refusal to transport. The invoices of any passenger refused passage or removed enroute under the provisions of this Clause will be refunded to the passenger. Such a refund shall be the sole recourse of any Passenger refused passage or removed enroute. Under no circumstances will carrier be liable to any passenger or refused passenger for any type of indirect, special or consequential damage.
(xiv) Material Terms As provided in greater detail in these Terms of Service and EULA (and without limiting the express language herein), you acknowledge the following:
• the App is licensed, not sold to you, and that you may use the App only as set forth in these Terms of Service and EULA;
• the use of the Service may be subject to separate third party terms of service and fees, including without limitation, your mobile network carrier’s terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility;
• You consent to the collection, use, storage and disclosure of your personally identifiable information in accordance with FLY CELESTA’s Privacy Policy (“Privacy Policy”) as available on the App and Site and as amended from time to time, including with respect to the collection of location information. The App, Site and Service are provided on “as is” basis without warranties of any kind and FLY CELESTA’s liability to you is limited;
• disputes arising here under will be resolved by binding arbitration in accordance with the provisions contained herein.
(xv) Scope of License FLY CELESTA reserves all rights in respect of the App/ Site/ Service not expressly granted to you here under. Subject to your complete and on-going compliance with these Terms of Service and EULA, FLY CELESTA hereby grants You a personal, limited, revocable, non-transferable license to use the Service solely for Your personal, non-commercial use, and to use the App on a single compatible device that You own or control. You may not modify, alter, reproduce, distribute or make the App/ Site/ Service available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute, or sublicense the App/ Site/ Service. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or Third Party Terms (as defined herein below)), nor attempt to disable or circumvent any security or other technological measure designed to protect the App/ Site/ Service or any content available through the App/ Site/Service. If You breach these license restrictions, or otherwise exceed the scope of the licenses granted herein, then you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights. The terms of this EULA will govern any updates provided to you by FLY CELESTA that replace and/or supplement the original App or any other portion of the Service, unless such upgrade is accompanied by a separate license or revised EULA, in which case the terms of that license or revised EULA will govern.
(xvi) Service Security You are prohibited from violating, or attempting to violate, the security of the App/ Site/ Service. Any such violations may result in criminal and/or civil penalties against you, as well as the termination of your privilege to use the App/ Site/ Service, at FLY CELESTA’s sole discretion. FLY CELESTA reserves the right to investigate any alleged or suspected violations and, if a criminal violation is suspected, refer such suspected violation to the appropriate law enforcement agencies and cooperate fully with such investigations, including, but not limited to, the disclosure of any or all of your activities on or related to the App/ Site/ Service.
(xvii) Third Party Materials
(a) You understand that by using the App/ Site/ Service, you may encounter data, information, applications, or materials from third parties, including other users of the Service (“Third Party Materials”) and other content, including content from FLY CELESTA (collectively (including Third Party Materials), “Content”), that may be deemed offensive, indecent, or objectionable, which Content may or may not be identified as having explicit language or other material. Nevertheless, you agree to use the App/ Site/ Service, and rely upon any Content accessible through the Service, at your sole risk and that the Company will not have any liability to You for Content that may be found to be offensive, indecent, or that is inaccurate, incomplete, untimely, invalid, illegal, indecent, of poor quality or otherwise objectionable.
(b) You agree and understand that the App/ Site/ Service contains proprietary content, information, and material that is protected by applicable intellectual property and other laws, including, but not limited to, copyright, and that you will not use such proprietary content, information, or materials except for permitted use of the App/ Site/ Service. No portion of the App/ Site/ Service may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the App/ Site/ Service, in any manner, and you will not exploit the App/ Site/ Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the App/ Site/ Service in any manner to harass, abuse, stalk, threaten, defame, or otherwise infringe or violate the rights of any other party, and that FLY CELESTA is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, illegal, or other harmful messages or transmissions that you may receive as a result of using the App/ Site/ Service.
(c) In addition, third party services and Third Party Materials that may be accessed from, displayed on, or linked to from your device are not available in all languages or in all countries. FLY CELESTA makes no representation that such services and materials are appropriate or available for use in any particular location. To the extent you choose to access such services or materials, You do so at your own initiative and are responsible for compliance with any applicable laws, including, but not limited to, applicable local laws. FLY CELESTA and its licensors reserve the right to change, suspend, remove, or disable access to such services at any time without notice. In no event will FLY CELESTA be liable for the removal of or disabling of access to any such services. FLY CELESTA may also impose limits on the use of or access to certain services at any time, in any case and without notice or liability.
(xviii) Your Use of the Service and the Content. You rights to use the Service are expressly conditioned on the following: You may access the Service for your personal and informational purposes only, and solely as intended through the provided functionality of the Service and as permitted under this EULA.
(a) Unless expressly permitted, You may not alter, modify, create derivative works of, sell, license, or in any way exploit any part of the Service.
(b) Unless expressly permitted, You agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream, or broadcast any part of the Service without FLY CELESTA’s prior written authorization, including, by way of example and not limitation, by doing or engaging in any of the following without FLY CELESTA’s express written consent: • altering, defacing, mutilating, or otherwise bypassing any approved software through which the Service is made available; and • using any trademarks, service marks, design marks, logos, photographs, or other content belonging to FLY CELESTA or obtained from the Site/ App/ Service.
(c) You agree not to bypass, circumvent, damage, or otherwise interfere with any security or other features of the App/ Site/ Service (including Content and collectively, “Service Materials”) designed to control the manner in which the Service is used, harvest or mine Content from the Service, or otherwise access or use the Service in a manner inconsistent with individual human usage. You agree not to undertake, cause, permit, or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling, or hacking of any aspect of the Site, App, Service, Service Materials or Content or any part thereof, or attempt to do any of the foregoing, except and solely to the extent permitted by this EULA, the authorized features of the Service or Content, or by law, or otherwise attempt to use or access any portion of the Service other than as intended by FLY CELESTA.
(d) You agree not to use, display, mirror, frame, or utilize framing techniques to enclose the Site, App, Service or the Content, or any portion thereof, through any other application or website, unless and solely to the extent FLY CELESTA makes available the means for embedding any part of the Service or the Content.
(e) You agree not to access, tamper with, or use non-public areas of the Site/ App/ Service, FLY CELESTA’s (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of FLY CELESTA’s providers.
(f) You agree not to harass, abuse, harm, or advocate or incite harassment, abuse, or harm of another person or group, including FLY CELESTA’s employees and affiliates.
(g) You agree not to provide any false personal information to FLY CELESTA.
(h) You agree not to create a false identity, misrepresent or impersonate another person or entity in any way.
(i) You agree not to create a new account with FLY CELESTA, without FLY CELESTA’s express written consent, if FLY CELESTA has previously disabled an account of yours.
(j) You agree not to solicit, or attempt to solicit, personal information from other users of the Service.
(k) You agree not to restrict, discourage, or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the App/ Site/ Service without the consent of such person, or collect information about users of the Service.
(l) You agree not to use the App/ Site/ Service, without FLY CELESTA express written consent, for any commercial purpose, including communicating or facilitating any commercial advertisement or solicitation.
(m) You agree not to gain unauthorized access to the App/ Site/ Service, to other users’ accounts, names, or personally identifiable information, or to other computers or websites connected or linked to the Service.
(n) You agree not to post, transmit or otherwise make available any virus, worm, spyware, or any other computer code, file, or program that may or is intended to disable, overburden, impair, damage, or hijack the operation of any hardware, software, or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service.
(o) You agree not to interfere with or disrupt the App/ Site/ Service, networks, or servers connected to the Service or violate the regulations, policies or procedures of such networks or servers.
(p) You agree not to violate any applicable federal, state, or local laws or regulations or the Agreement.
(q) You agree not to assist or permit any persons in engaging in any of the activities described above.
(xix) Third Party Software The software you download consists of a package of components, including certain third party software (“Third Party Software” and together with the App, the “Package”) provided under separate license terms (“Third Party Terms”), as described in more detail at the bottom of this EULA. Your use of the Third Party Software in conjunction with the App in a manner consistent with the terms of this EULA is permitted, however, you may have broader rights under the applicable Third Party Terms and nothing in this EULA is intended to impose further restrictions on your use of the Third Party Software.
(xx) Consent to Use of Data You agree that FLY CELESTA may collect and use technical data and related information about Your device, system, and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Service, and to anonymously track and report Your activity inside of the Service, including for analytics purposes. Please see the Privacy Policy for more details regarding the information FLY CELESTA collects and how it uses and discloses that information.
(xxi) Ownership The Service, and the media and materials contained therein, including all intellectual property rights therein, are the sole and exclusive property of FLY CELESTA and its licensors. Except for the limited license expressly granted by and to you under this EULA, no other rights, licenses, or immunities are granted or will be deemed to be granted under this EULA, either expressly, or by implication, estoppel or otherwise. All rights not expressly granted by a party hereunder are expressly reserved.
(xxii) Feedback While Our own staff is continually working to develop and evaluate Our own product ideas and features, We pride ourselves on paying close attention to the interests, feedback, comments, and suggestions We receive from the user community. If You choose to contribute by sending FLY CELESTA or Our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials ( “Feedback”), then regardless of what Your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to FLY CELESTA, you agree that:
• FLY CELESTA has no obligation to review, consider, or implement your Feedback, or to return to You all or part of any Feedback for any reason;
• Feedback is provided on a non-confidential basis, and FLY CELESTA is not under any obligation to keep any Feedback You send confidential or to refrain from using or disclosing it in any way; and
• You irrevocably grant FLY CELESTA perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.
(xxiii) Termination These Terms of Service and EULA is effective until terminated by You or the Company in accordance with the provisions contained herein. Your rights under this EULA will terminate automatically without notice from FLY CELESTA if You fail to comply with any term(s) set forth hereunder (including by violating any license restriction provided herein). You may terminate this EULA by uninstalling the App. Upon any termination of this EULA, you must immediately cease all use of the Service, and destroy all copies, full or partial, of the App.
(xxiv) Indemnity You hereby agree to indemnify and hold FLY CELESTA, and its members, employees, agents, affiliates, successors, and assigns harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected to (a) Your access, use, or misuse of the App, Site, Service, Service Materials or Content, and/ or (b) Your violation of this EULA, and/ or (c) inaccuracy of any representation and warranty contained herein and/ or breach of any covenant on your part. FLY CELESTA will use reasonable efforts to notify you of any such claim, action, or proceeding for which it seeks an indemnification from you upon becoming aware of it, but if FLY CELESTA is unable to communicate with you in a timely manner because of an inactive or erroneous e-mail address provided by you, your indemnification obligation will continue notwithstanding FLY CELESTA’s inability to contact you in a timely manner.
(xxv) No Warranty You expressly acknowledge and agree that use of the Service, the package, and Service Materials are at Your sole risk and that the entire risk as to satisfactory quality, performance, accuracy, and effort is with You. To the maximum extent permitted by applicable law, the Service, the package, and all Service Materials are provided “as is” and “as available” with all faults and without warranty of any kind, and FLY CELESTA hereby disclaims, on behalf of itself and its suppliers and licensors, all warranties and conditions with respect thereto, either express, implied, or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, title, and non-infringement of third party rights. FLY CELESTA does not warrant against interference with Your enjoyment of the Service, the package, or Service Materials, that the functions contained in or Services performed or provided by the Service, package, or Service Materials will meet your requirements, that the operation of the Service, the package or Service Materials will be secure, uninterrupted, or error-free, or that any defects in any of the foregoing will be corrected. No oral or written information or advice given by FLY CELESTA or its authorized representatives will create a warranty not expressly provided for in the EULA. Should the Service, package, or Service Materials prove defective, You assume the entire cost of all necessary servicing, repair, or correction. The exclusion of implied warranties and/ or limitations will be applied to the greatest extent enforceable under applicable law(s).
(xxvi) Limitation of Liability To the extent not prohibited by applicable law(s), in no event will FLY CELESTA or its suppliers or licensors be liable for personal injury, or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to Your use or inability to use the Service, the package, or Service Materials, however caused and even if FLY CELESTA has been advised of the possibility of such damages. In no event will FLY CELESTA’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the greater of the amounts paid to FLY CELESTA by You in the preceding twelve (12) months or INR [30,000)Indian Rupees only). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. FLY CELESTA does not provide transportation services and is not a transportation carrier. It is up to the third-party transportation provider, driver, or vehicle operator to offer transportation services which may be sourced through the Service. FLY CELESTA offers information and a method to obtain such third-party transportation services, but does not and does not intend to provide transportation services or act in any way as a transportation carrier, and has no responsibility or liability for any transportation Services provided to You by such third parties. FLY CELESTA may introduce You to third-party transportation providers to provide You transportation, but FLY CELESTA does not assess the suitability, legality, or ability of any third-party transportation provider and You expressly waive and release FLY CELESTA from any and all liability, claims, or damages arising from or in any way related to the third-party transportation provider. You acknowledge that FLY CELESTA does not monitor any third-party transportation provider’s on-going compliance with any and all licensing and/or permitting rules and regulations, and the Company will not be responsible for any liability, claims, or damages arising from or in any way related to a third-party transportation provider’s failure to maintain a current license and/or permit. The Company will not be a party to disputes or negotiations of disputes between You and any third-party providers. Responsibility for the decisions You make regarding FLY CELESTA services rests solely with You. FLY CELESTA will not assess the suitability, legality, or ability of any such third parties and You expressly waive and release FLY CELESTA from any and all liability, claims, causes of action, or damages arising from Your use of the service, or in any way related to the third parties introduced to You by the App, Site, Service. The quality of the transportation services sourced through the service is entirely the responsibility of the third-party provider who ultimately provides such transportation services to You. You understand that by using the Service, You may be exposed to transportation that is potentially dangerous, harmful, or otherwise unsafe and that You use the service at your own risk. In no event will FLY CELESTA, its suppliers or licensors be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of You or anyone else in connection with the use of the service, including without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users of this Service, persons You meet through the Service or flights You book through the Service.
(xxvii) Third Party Disputes Any dispute You have with any carrier, service provider, or other third party, including, without limitation, any other user of the Service, is directly between You and such third party and You irrevocably release FLY CELESTA and its members, affiliates, agents, 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 connected with such disputes.
(xxviii) Dispute Resolution (a) Mandatory Arbitration Please read this carefully. It affects your rights. You and FLY CELESTA and each of Our respective subsidiaries, affiliates, predecessors in interest, successors, assigns and permitted assigns agree to arbitration, as the exclusive form of dispute resolution except as provided for below, for all disputes and claims arising out of or relating to the terms and conditions embedded in this EULA or Your use of the Service. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award.
• Commencing Arbitration A party who intends to seek arbitration must first send to the other, by certified mail, a written notice of intent to arbitrate (“Notice”).I In the absence of a valid mailing address provided by You to FLY CELESTA. FLY CELESTA shall send the Notice to You via any other method available to FLY CELESTA, including via e-mail. The Notice to FLY CELESTA shall be addressed to [.] (“Arbitration Notice Address”). The Notice must (A) describe the nature and basis of the claim or dispute/ conflict; and (B) set forth the specific relief sought (“Demand”). If You and FlyFly Celesta do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, You or FLY CELESTA may commence an arbitration proceeding as set forth below. The arbitration shall be referred to a sole arbitrator who shall be mutually decided by You and FLY CELESTA and the arbitration proceedings shall be conducted at the Arbitration Centre of Karnataka in accordance with the Arbitration and Conciliation Act, 1996 and Arbitration & Conciliation  (Domestic & International) Rules, 2012, framed by the High Court of Karnataka. The said rules are available online at https://www.arbitrationcentreblr.org/rules.html.  If You are required to pay a filing fee to commence an arbitration against FLY CELESTA, then FLY CELESTA will promptly reimburse You for Your confirmed payment of the filing fee upon FLY CELESTA receipt of Notice at the Arbitration Notice Address that You have commenced arbitration along with a receipt evidencing payment of the filing fee, or was filed in bad faith, in which case you are solely responsible for the payment of the filing fee.
• Arbitration Proceeding The arbitration will be conducted in the English language. A single independent and impartial arbitrator will be appointed pursuant to the Rules, as modified herein. You and FLY CELESTA agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the Parties: (A) the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (B) the arbitration will not require any personal appearance by the Parties or witnesses unless otherwise mutually agreed in writing by the Parties; and (C) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
• No Class Actions. You and FLY CELESTA agree that You and FLY CELESTA may bring claims against the other only in Your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, You agree that the arbitrator may not consolidate proceedings of more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding, and that if this specific proviso is found to be unenforceable, then the entirety of this mandatory arbitration section will be null and void.
• Decision of the Arbitrator Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement setting forth the reasons for the disposition of any claim. The arbitrator will apply the laws of India in conducting the arbitration. (b) Equitable Relief The foregoing provisions of this Dispute Resolution section do not apply to any claim in which FLY CELESTA seeks equitable relief of any kind. You acknowledge that, in the event of a breach of this EULA by FLY CELESTA or any third party, the damage or harm, if any, caused to You will not entitle You to seek injunctive or other equitable relief against FLY CELESTA, and Your only remedy will be for monetary damages, subject to the limitations of liability set forth in this EULA. (c) Claims You and FLY CELESTA agree that, notwithstanding any other rights the party may have under law or equity, any cause of action arising out of or related to this EULA or the Service, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred. (d) Improperly Filed Claims All claims You bring against FLY CELESTA must be resolved in accordance with this Dispute Resolution section. All claims filed or brought contrary to this Dispute Resolution section will be considered improperly filed. Should you file a claim contrary to this Dispute Resolution section, FLY CELESTA may recover attorneys’ fees and costs up to INR [30,000.]/- (Indian Rupees Thirty Thousand Only only), provided that FLY CELESTA has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim. (e) Modifications In the event that FLY CELESTA makes any future change to the Mandatory Arbitration provision (other than a change to FLY CELESTA’s Arbitration Notice Address), You may reject any such change by sending Us written notice within thirty (30) days of the change to FLY CELESTA’s Arbitration Notice Address, in which case Your account with FLY CELESTA and Your license to use the Service will terminate immediately, and this Dispute Resolution provision, as in effect immediately prior to the amendments You reject, will survive the termination of this EULA. (f) Enforceability If only this Clause or the entirety of this Clause is found to be unenforceable, then the entirety of this Clause will be null and void and, in such case, the Parties agree that the exclusive jurisdiction and venue described in the subsequent Clause will govern any action arising out of or related to this EULA.
(xxix) Governing Law The laws of India shall govern this EULA and Your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action will be subject to the exclusive jurisdiction of the courts located in New Delhi, India and You hereby irrevocably submit to personal jurisdiction in such courts, and waive any defense of inconvenient forum.
(xxx) Assignment You may not assign this EULA or any of the rights or licenses granted hereunder, directly or indirectly, including by sale, merger, change of control, operation of law, or otherwise, without the prior written consent of FLY CELESTA. This means that in the event you dispose of any device on which you have installed the App, such as by sale or gift, you are responsible for deleting the App from your mobile device prior to such disposition. FLY CELESTA may assign this EULA, including all its rights hereunder, without restriction.
(xxxi) Survival The provisions of the EULA that are intended to survive the termination of the EULA by their nature will survive the termination of the EULA, including, but not limited to, Clauses Titled: The Service, Your Use of the Service and Content, Third Party Software, Consent to Use of Data, Ownership, Feedback, Termination, Indemnity, No Warranty, Limitation of Liability, Third Party Disputes, Dispute Resolution, Governing Law, Assignment, Survival, Consent to Electronic Communications, Miscellaneous, and Contacting FLY CELESTA.
(xxxii) Consent to Electronic Communications By using the Service, You consent to receiving certain electronic communications from Us as further described in the Privacy Policy. Please read the Privacy Policy to learn more about Your choices regarding Our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that We send to You electronically will satisfy any legal communication requirements, including that such communications be in writing.
(xxxiii) Miscellaneous
• Entire Understanding This EULA, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between You and FLY CELESTA regarding your use of and access to the Service, and, except as expressly permitted above.
• These Terms of Service and the EULA may be amended unilaterally by the Company. Therefore, it is advisable that the users, end customers or Passengers be updated with the latest versions as available on the App or Site, as the case may be. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of this EULA or any provision of this EULA constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of clause headers in these Terms of Service and EULA is for convenience only and will not have any impact on the interpretation of particular provisions. In the event that any part of this EULA is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. You agree that no joint venture, partnership, employment, or agency relationship exists between You and FLY CELESTA as a result of this EULA or use of the Service or under these Terms of Service. Fitness to Fly (i) By accepting these terms and conditions, you represent that you are medically fit to travel. This would warrant that you do not have any pre existing medical condition, unstable medical condition, a recent illness, injury, surgery or hospitalization, and infections, contagious or chronic disease, which would preclude you from taking up air travel. (ii) Person with any medical condition would require to produce a valid medical certificate dated no more than 7 days from the date of travel and sign a Limited Liability Statement upon check in confirming that they are fit to travel and personally indemnify FLY CELESTA for any loss or damage to the person’s health and life due to such medical condition. (iii) The medical conditions which would require the aforesaid certificate generally include chicken pox, measles, mumps, rubella, tuberculosis, whooping cough, a recent hospitalization, surgery etc. This would also include mental disorders (person going through any kind of psychiatric treatment), epilepsy etc. Please note that these are illustrative and not exhaustive instances. (iv) A pregnant woman passenger and infant who are less than three months old would also be required to produce certificate from a registered medical practitioner stating that passenger is in a fit condition to fly. A passenger who require wheel chair assistance and who require oxygen support on board is advised to make request by calling on Fly Celesta’s customer care helpline i.e. +91 91 8803 7000, 72 hours before the negotiated and agreed departure of the flight. Fly Celesta reserves its right of refusal to board such passenger who require oxygen support depending on the consent of the operator and feasibility of such facility on its flight. Refusal of embarkation Passenger shall be refused carriage and / or removed from the aircraft when the pilot in command decides that: (i) Such action is necessary in the interest of the safety of the aircraft or its occupants; or (ii) The conduct or behaviour of the passenger makes him/her objectionable to other passengers; or (iii) The age or mental or physical condition of the passenger is such as to require special assistance during flight, which cannot be provided. (iv) Any passenger who appears to be under the influence of alcohol or drugs to the extent that the safety of the aircraft or its occupants is likely to be endangered, shall be refused embarkation. (v) Refusal of Embarkation for unruly passengers: Passengers travelling on flights are required to note that the acts listed below fall under the category of unruly behavior. a. Consuming alcoholic beverages or narcotic substances. b. Smoking in an aircraft. c. Disregarding the instructions of the pilot-in-command or crew and using abusive language or behaving in disorderly manner with crew members or other passengers. d. Endangering the safety of an aircraft and persons therein. e. Life-threatening behavior, which can include damage to aircraft operating systems, physical violence such as choking, eye gouging, murderous assault, attempted or actual breach of the flight crew compartment. (vi) Fly Celesta, basis the passenger’s conduct in flight or at the helipad, with the consent of Pilot in command reserves the right to prohibit a passenger from flying with Fly Celesta, till such time it may deem fit. Disclaimer “The information published on this Website may be incomplete or include inaccuracies or typographical errors. Fly Celesta does not represent or warrant that access to the Website will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted on this Website. In no event shall Fly Celesta or Fly Celesta’s employees such as managers and other officials be liable for any direct, indirect, incidental, special or consequential damages arising out of or in any way connected with the use of this website or with the delay or inability to use this website, or for any information, products, and services obtained through this website, or otherwise arising out of the use of this website, whether based on contract or strict liability or otherwise. By using this website, you deem to have given information which is true and correct to your knowledge and belief. You owe all responsibility for the information provided and you hereby indemnify Fly Celesta for any loss and damage occurred due to any misinformation provided at your end”. A user/member is required not to host, display, upload, modify, publish, transmit, store, update, or share any information that belongs to another person and to which the user does not have a right. You can contact FLY CELESTA at customerserv@flycelesta.in or India customer care number +91 91 8803 7000