Please read these Terms of Use ("Terms") carefully before using the https://above9.travel website (the "Service", the “Site”) operated by Above9 Travel ("us", "we", or "our"). The terms “Above9”, “Company”, “us”, “we” or “our” refer to a travel agency focusing on the sales of business class air travel. The term “you” refers to the customer visiting the Website and/or booking a reservation through our travel experts.
This website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the “Agreement”). By accessing or using this website in any manner, you agree to be bound by these terms. To the extent you book any travel products or services on this website, you agree that this agreement shall apply to all such transactions. Please read the Terms of Use carefully. If you do not accept all of these terms and conditions, please do not use this website or make bookings through this website. Be sure to return to this page periodically to review the most current version of the agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Terms of Use without prior notice, and your continued access or use of this website signifies your acceptance of the updated or modified agreement.
User Representation
By using the website you imply that:
- you are 18 years of age or older,
- you possess the legal authority to create a binding legal obligation,
- all information provided by you on the website is true, accurate and complete.
Above9 Travel reserves the right to request additional documentation (ie.e., ID card) for any reservation paid for with a bank card that requires further validation from the cardholder. Cancellation may happen if the requested documents are not provided.
Booking process
For your convenience, our use of the following terms in these Terms of Use shall have the meaning below:
- "Product" – a flight ticket(s) available for purchase on the Site that can be booked independently of any other service.
- "Travel Supplier" – a vendor of one or more tickets (e.g., airlines).
- "Booking" – a negotiation process with the Travel Supplier carried out by you while using our intermediary services to obtain one or more flight tickets that may result in a contract with the Travel Supplier at the time when full payment is received.
To complete a Booking the following steps are taken:
- When we place Products (flight options) on our Site, we invite you to confirm your intention to purchase them by completing a checkout form. This is done by providing the travelers' info as well as approving payment on a secure, separate webpage section.
- Once you have done that our experts will need to check the availability of the particular Product. The confirmation e-mail from Above9 Travel that you will receive after completing a checkout form is NOT A CONTRACTUAL ACCEPTANCE of the Booking, but merely an acknowledgment that we have received your confirmation to proceed with the purchase of the chosen tickets.
- If the relevant tickets are available, your Booking will be processed and the contract about the relevant Booking will be formed between you and the Travel Supplier, resulting in confirmation by email, which will include booking reference numbers and ticket numbers for your air travel.
The terms of your Booking (such as price, availability or dates of travel) are not guaranteed until the contract is formed between you and the Travel Supplier and a ticket has been issued or a reservation has been made and confirmed by the Travel Supplier. Please note that once you have fully and successfully completed the Booking, you can only cancel or change the details (such as travel dates or destinations) at the sole discretion of the Travel Supplier and in accordance with these Terms of Use.
Airline rules, itinerary changes and price changes
When the Booking is completed and the ticket is issued, the contract of carriage is concluded between the applicable airline and the passenger, while Above9 acts only as an intermediary in the particular transaction. From that moment, the applicable airline is responsible for delivering the service as booked.
Airlines retain the right to adjust flight times and itinerary details (i.e. plane type) or even cancel flights. However, when such changes result in an itinerary that falls outside of initial contractual agreements, the applicable airline must offer an acceptable itinerary or offer compensation or a full refund.
Airline tickets are subject to the published conditions of carriage and rules of the applicable airline. This means any changes to the originally booked itinerary that the passenger requests will be subject to the fare rules of the booked ticket, which are in line with these Terms of Use. Please contact us for additional information if you have questions.
In the event of a flight cancellation by the airline while you are at the airport, please see the airline ticketing counter or gate representative, as they have the most power to change your itinerary to the next available flight or accommodate you per the airline rules. This is the fastest way to get you on the next suitable flight.
Travel insurance is highly recommended but not directly offered by above9.travel. Instead, we have partnered with an insurance broker (see here) who can provide competitive offers based on your requests. The insurance covers a lot of problems from illness to issues with travel service providers and will ensure you get what you paid for or can make alternative arrangements.
Purchases
GDS (Global Distribution System) shows real-time availability for flights up to eleven months from today's date. Above9 Travel won't be able to provide service for any request beyond that time frame. Please note that all fares have to be paid in full once the tickets are issued and sent to your e-mail.
If you wish to complete a purchase of tickets and any related goods/services through our website, you will be asked to provide certain information relevant to your booking including, but not limited to, your personal data, your contact details, and your credit card information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or alternative payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We use third-party service providers to facilitate payment to complete the Purchase. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including, but not limited to - changes in product or service availability, errors in the description or price of the product or service, errors in your order, or other reasons. We also reserve the right to refuse or cancel your order if an unauthorized or illegal transaction is suspected.
Exchanges, cancellations and refunds
Above9 Travel offers tickets at discounted prices and thus they have more restrictions. Tickets bought through Above9 Travel are non-refundable, non-reroutable and non-transferable. Name changes on tickets are not allowed – only the original passenger can use the ticket(s). Travel date or destination changes might be possible, but will depend on the airline rules for the particular fare and the price difference could be applied. By purchasing the ticket through Above9 Travel and completing the checkout form, you agree that these terms are reasonable and necessary to maintain the operations of the Above9 Travel business.
If you need to cancel your ticket for any reason, please get in touch with your designated Travel Consultant to review your options. Cancellation and refund terms and conditions of the applicable airline will apply to your booking and any other travel-related goods and services that you have purchased from the airline. If refunds are possible for the particular ticket, they will not be in cash but a company credit will be offered instead. In addition, a $250.00 fee per person will be charged to process such cases.
No-Show tickets cannot be refunded, nor can they be exchanged. Unless the reservation is canceled up to 72 hours before the departure and the trip rescheduled before the original departure date, the ticket is suspended and refunds are not possible.
You can request a free refund or exchange of the current reservation for a new one free of charge within 24h window after the initial booking. This rule only applies to the bookings made in the United States. If you are booking a flight that is not originated from the US, please contact your Travel Consultant to find out whether the 24h free cancelation rule applies.
Missed flights
If you miss your flight, go to the airline counter immediately or call your Travel Consultant if you are not near the airport. Missed flights are not refundable, and changes or replacement flights will be at the discretion of the airline supplier. In some cases, we may be able to help you, but in most cases, you will not be provided with a replacement flight unless the airline allows it.
Baggage allowance
You may have to pay additional fees at the airport if your checked items exceed the weight, size or luggage pieces included in the standard baggage allowance of the airline for the purchased fare type. Some airlines do not offer any free baggage allowance. Please check the baggage allowance for your specific trip to ensure you are fully aware of all baggage terms (weight, size, pieces of baggage) before confirming the booking. Baggage allowance policies and baggage fees associated with checked or carry-on baggage vary widely and are subject to airline change at any time.
Frequent traveler points
Frequent traveler awards (miles, points, etc.), upgrades, certificate vouchers, and other discounts or incentives may not apply to some flights purchased through Above9 Travel. Additionally, mileage accrual may not apply to all tickets, so ask your Travel Consultant about the conditions of the ticket that you want to purchase before completing the checkout form.
Diamond Add-on
The Diamond Add-on is not an insurance policy but a service from Above9 Travel to assist you in dealing with unexpected circumstances and getting a refund from the airline where applicable. This fee is non-refundable. The paragraphs below describe the scope of the service and the conditions under which it is applicable.
Lost baggage
The diamond add-on covers baggage mishandled by airlines or airport employees. If the undelivered bag is not returned to you within 120 hours of your flight arrival time, Above9 Travel will pay $1000 for each undelivered bag. Payouts are limited to 2 missing bags per person and compensate only for the baggage checked in at the airport. Carry-on bags are not covered. You must file a claim with the airline before reporting your mishandled bag to Above9 Travel. Mishandled bags must be reported to Above9 Travel within 24 hours of the time of flight arrival by calling or emailing your Above9 Travel consultant. We will not be able to provide the service for the bags reported missing after the deadline of 24 hours.
Missed connection, delayed or canceled flights
If you have missed any departure or connecting flight on your trip or there has been a delayed or canceled flight that has affected your journey, Above9 Travel will work on your behalf with the airlines to get a free exchange (provided that seats are available in the same booking class) or to keep travel credit for future use. Above9 Travel will process such exchange/cancellation cases without any agency service fees, although airline fees or fare differences may still apply. Our processing fees are waived only for the first change of the reservation.
Illness
If you cannot travel due to illness or hospitalization, Above9 Travel will work with the airline to get a full travel credit or refund (subject to airline fare rules) for all unused and partially used tickets given that you cannot continue the trip. To be eligible for airline credit or refund, you must provide the hospital admittance or discharge forms, or doctor's note to Above9 Travel and cancel your ticket reservation before the scheduled departure.
Travel destinations and visa requirements
International travel requires that passengers have a valid Passport or another internationally accepted identification document, which must be presented for all international flights. Please note that some countries may require a visa and/or a health card. It is your responsibility to have all required travel documents in your possession at check-in. While our Travel Consultants will assist to the best extent of their capabilities, it is strongly recommended that you review visa requirements for all stops as some countries may require a transit visa. Passengers transiting via or connecting between airports located in the European Union - Schengen Zone may need a Schengen Entry visa. Please contact the embassy of the country you are going to visit or transit through to get the up-to-date requirements. Some countries have special requirements for one-way travel – it is travelers’ responsibility to make sure they meet eligibility criteria for one-way travel.
Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. Above9 urges passengers to review travel prohibitions, warnings, announcements and advisories prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found in various (trustworthy) online sources, like webpages of state agencies in particular countries that you plan to visit.
By offering to sell travel to particular international destinations based on your request, Above9 does not represent or warrant that travel to such place is advisable or without risk, and is not liable for damages or losses that may result from it.
Reviews, comments and other submissions
Please be aware that by submitting content by email, postings on this Site or otherwise, including any airline reviews, questions, comments, suggestions, ideas or the like (jointly “Submissions”), you grant Above9 and partners through whom we provide service, a right to use such Submissions in any media and to display your name that you provide in connection with such Submission. You also acknowledge that Above9 may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on an airline review that you submit) at our discretion, and that such submissions may be shared with our supplier partners. You further agree that Submissions are non-confidential and non-proprietary. We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Site or in other channels of communication. If you do not agree to these terms and conditions, please do not provide us with any Submissions.
You are fully responsible for the content of your Submissions. You are prohibited from posting or transmitting to or from this Site: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any goods or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary rights of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Site. You acknowledge that above9.travel may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you. If you submit more than one review for the same airline, only your most recent submission is eligible for use.
Links to other websites
Our webpage contains links to third-party websites or services that are not owned or controlled by us. Above9 Travel assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Above9 Travel shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms of Use at any time. If a revision is substantial we will provide at least 30 days' notice before any new terms take effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our webpage after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the webpage.
Liability disclaimer
Above9 Travel expressly reserves the right to correct any pricing errors on our website and/or on pending reservations made under an incorrect price. In such an event, if available, we will offer you the opportunity to keep your pending reservation at the correct price or we will cancel your reservation without penalty.
Above9 Travel disclaims all warranties and conditions that this website, its servers or any email sent from us is free of viruses or other harmful components.
The carriers and other suppliers providing travel or other services on this website are independent contractors and not agents or employees of the Above9 Travel, thus we are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting from them. Above9 Travel has no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and has no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority.
In no event shall Above9 Travel be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access or use of this website (including, but not limited to, your reliance upon opinions appearing on this website; any computer viruses, information, software, linked sites, products, and services obtained through this website; or otherwise arising out of the access to, display of or use of this website) whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if the Above9 Travel has been advised of the possibility of such damages.
If, despite the mentioned limitations, Above9 Travel is found liable for any loss or damage that arises out of or in any way connected with any of the occurrences described above, then our liability shall in no event exceed, in the aggregate, more than one hundred dollars (US$100.00) or the equivalent in local currency.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms insure to the benefit of Above9.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
Indemnification
You agree to defend and indemnify the Company, the Company Affiliates, and/or their respective suppliers and any of their officers, managers, members, directors, employees, and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to legal and accounting fees, brought by third parties as a result of:
- your breach of this Agreement or the documents referenced herein,
- your violation of any law or the rights of a third party,
- or your inappropriate and intentionally fraudulent use of this Site.
Transaction and currency conversion fees
All offers are originally quoted in US Dollars. Changing the currency of the quote on the webpage is possible and any foreign currency quotations will be converted to US Dollars using the conversion rate acquired through an API connection with our payments processing partner. Above9 Travel WILL NOT add any transaction fees or commissions for this conversion, and we cannot be responsible for any fees applied by the customer's financial institution. Currency exchange rates and foreign transaction fees applied by the customer’s financial institution are determined solely by the customer’s financial institution on the day they process the transaction. Please get in touch with your financial institution if you have any questions about these fees or the exchange rate applied to your booking.
Contact us
If you have any questions about these Terms, please get in touch with us by email: info@above9.travel
Above9.Travel Limited, Landscape House, Baldonnell Business Park, Baldonnell, Dublin, Dublin 22, D22 P3k7, Ireland