Important: The following are the rules and other provisions (collectively, “Rules”) of the Elevate Program, which includes but is not limited to the accrual and redemption of points, awards and benefits and elite benefits, (collectively, the “Program”). By enrolling or participating in the Program, you indicate your acceptance of these Rules and agree to abide by them. It is your responsibility to read and understand all of the Rules. These Rules cannot be superseded or changed, except in writing from Surf Air Mobility or any of its affiliates (collectively, “Surf Air”). The most current Rules may be found on iflysouthern.com and mokuleleairlines.com and this is the final authority on the Rules. The Rules on iflysouthern.com and mokuleleairlines.com shall be deemed to supersede any prior or conflicting versions thereof.

General conditions

1. The Program is offered at the discretion of Surf Air Mobility and Surf Air Mobility has the right to terminate the Program, in whole or in part, or to change the Rules, benefits, conditions of participation, elite status qualification criteria or point levels, in whole or in part, at any time, with or without notice, even though changes may affect the value of elite status levels, benefits, or points already accumulated.
2. 1. Surf Air Mobility may, among other things, withdraw, limit, modify or cancel any award; increase the points, cash required, or applicable co-pays for any award; modify benefits associated with elite status; modify elite qualification criteria; modify or regulate the transferability of awards or benefits; add an unlimited number of blackout dates; or limit the number of award seats available to any or all destinations. Members of the Program (“Members”), in accumulating any benefits of any kind including but not limited to points, and (to the extent applicable) elite level spend may not rely upon the continued availability of (a) the benefits associated with an elite status level or (b) an award or award level, and Members may not be able to obtain all offered benefits or awards or use awards to all destinations or on all flights.  Surf Air Mobility reserves the right to make bonus and promotional offers by Surf Air Mobility or partners selectively available to certain Members at any time, based on flight activity, Partner (defined below) activity, geographic locations, elite status level, points accumulation, Program participation, or other factors determined at Surf Air Mobility’s sole discretion. Point redemption activity (and processing of any points redemption requests for any awards or benefits, including without limitation any elite status benefits, if applicable) may be prohibited in any Elevate account or suspended for a period of time after the opening of the Elevate account.
3. The Rules control your membership and participation in the Program and no covenants at law or in equity shall be implied or incorporated, all of which are expressly disclaimed. Surf Air Mobility has the sole right to interpret and apply the Rules. IF SURF AIR MOBILITY OR A PARTNER IMPROPERLY DENIES AN ACCRUAL OR BENEFIT, LIABILITY WILL NOT EXCEED THE EQUIVALENT VALUE, AS DETERMINED BY SURF AIR MOBILITY, OR THE PARTNER AS THE CASE MAY BE, OF THAT ACCRUAL OR BENEFIT. IN NO EVENT SHALL SURF AIR MOBILITY BE LIABLE TO A MEMBER, OR ANYONE ACTING ON THE MEMBER’S BEHALF, FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING LOST REVENUE OR PROFITS, ARISING OUT OF THE ACTS OR OMISSIONS OF SURF AIR MOBILITY IN CONNECTION WITH THE PROGRAM, OR COSTS OR ATTORNEYS’ FEES. Any abuse of the Program or failure to follow the Rules, Surf Air Mobility’s Contract of Carriage, Surf Air Mobility’s fare rules, Partner rules, terms and conditions or any abuse of any Partner offers or programs, any violation of law, rule, or regulation, any conduct detrimental to the interests of Surf Air Mobility, any fraudulent activity or attempted fraudulent activity, any dissemination of information designed to defraud Surf Air Mobility, or any misrepresentation of any information furnished to Surf Air Mobility or its affiliates by any Member, anyone else acting on the Member’s behalf, or any third party (collectively, “Prohibited Conduct”), may result in Surf Air Mobility exercising any one or more of the following remedies (“Surf Air Mobility’s Remedies”), with or without notice to the Member: (a) the termination by Surf Air Mobility of such Member’s membership (including without limitation any elite status, if applicable), (b) the removal or cancellation by Surf Air Mobility of any or all accrued points, elite level spend, and any pending or outstanding award redemptions, or benefits (including without limitation any benefits associated with elite status, if applicable), (c) the confiscation of any award tickets, denial of boarding with respect to any award ticket holders or, at Surf Air Mobility’s discretion, completion of the travel only upon payment of an applicable revenue fare (and applicable taxes and fees), or (d) the loss of other Program benefits. In addition to the foregoing Surf Air Mobility’s Remedies, Surf Air Mobility may, upon written request, require the Member to repay the value, as determined by Surf Air Mobility, of the awards redeemed, or benefits acquired as a result of Prohibited Conduct and, in the event of a Member’s failure to repay, may initiate legal action to recoup the value of awards redeemed or benefits acquired by the Member through Prohibited Conduct. Members whose accounts have been terminated shall not be eligible to participate in any aspect of the Program and shall not be eligible to enroll with new accounts unless express consent is received from Surf Air Mobility.
4. In the event Surf Air Mobility suspects Prohibited Conduct, Surf Air Mobility reserves the right, with or without notice to the Member, (a) to delay or suspend all activity (including without limitation any points redemption activity and processing of any points redemption requests for any awards or benefits, including without limitation any elite (and/or status benefits) in any Elevate account, and (b) to audit or investigate any Elevate account at any time. During the course of an audit or investigation, a Member’s account information may be shared with any third party with whom Surf Air Mobility has contracted to assist in performing such audit or investigation. While the account is suspended, the Member may continue to accrue points and elite level spend in the account, but no points redemptions or other transactions will be permitted and any outstanding award redemptions and benefits (including without limitation any elite status benefits, if applicable) will be subject to cancellation or suspension. Cancelled award redemptions and benefits must be surrendered to Surf Air Mobility upon Surf Air Mobility’s request. Upon completion of the audit or investigation, if Prohibited Conduct has been detected by Surf Air Mobility, Surf Air Mobility may exercise any one or more of Surf Air Mobility’s Remedies or any other remedies available at law or in equity.
5. Each Member is responsible for being and remaining knowledgeable as to the Rules and the amount of points in such Member’s account. A Member shall notify Surf Air Mobility promptly of any error in the Member’s Elevate account such as an erroneous points balance or other credit balance. In the event a Member’s points balance, credit balance, or other balance offered by Elevate is erroneously credited for any reason, the Member’s use of such erroneously credited benefit shall constitute a violation of these Program Rules. Surf Air Mobility may, but shall have no obligation to, send newsletters, statements, correspondence or other materials, including notifications of Program changes or special promotions. Each Member shall be responsible for advising Surf Air Mobility of any change of contact information and Surf Air Mobility shall have no liability for misdirected correspondence or any consequences thereof.
6. The accumulation of points and/or the redemption of awards are subject to these Rules. The accumulation of points, and/or elite qualification and/or elite status, and other credits and benefits do not entitle Members to any vested rights with respect to the Program, including without limitation, any awards or elite benefits. No points, benefits, elite level spend, account numbers, elite status or awards earned or granted under the Program may be transferred or assigned except as expressly permitted by Surf Air Mobility in writing or under programs fully authorized and/or sponsored by Surf Air Mobility.
7. The Program is maintained for the benefit of Surf Air Mobility and individual Members. Only individuals are eligible for Elevate membership, and each individual may maintain only one account in the Program. Notwithstanding the foregoing, Elevate may, in certain circumstances, permit Members who are not individuals to participate in the Program, subject at all times to the provisions any limitations set forth by Elevate in its sole discretion. Duplicate accounts in the Program will be subject to cancellation. Generally, points, benefits, elite level spend, elite status or awards earned or granted in two or more different accounts may not be combined. If a Member maintains multiple accounts and Surf Air Mobility suspects or finds Prohibited Conduct, Surf Air Mobility reserves the right to exercise Surf Air Mobility’s Remedies with respect to each account. Only the Member named on the account will be entitled access to account information. Account information is Surf Air Mobility’s proprietary information and, except as otherwise authorized by Surf Air Mobility, Members may access information only for the purpose of obtaining information about their account. Each Member is responsible for ensuring account credentials are not shared, distributed, or given to any other individual and no Member may delegate or grant access (via power of attorney, contract, or otherwise) to a third party. Any Member who shares account information with any third party will be held responsible for such third-party’s actions with respect to the Account. Account information may be reproduced for use by the applicable Member but must contain copyright and proprietary notices and redistribution in any way requires Surf Air Mobility’s written permission.
8. Awards and benefits, including accrued points, elite status levels, elite benefits, and elite level spend do not constitute property of the Member and are not transferable except as set forth herein. In the event of the death of a Member, Surf Air Mobility may, in its sole discretion, credit all or a portion of such Member’s accrued points to authorized persons upon receipt of documentation satisfactory to Surf Air Mobility and payment of applicable fees.
9. All calculations made in connection with the Program, including without limitation, the value of any benefits, the accumulation of points, the satisfaction of the qualification requirements for elite benefits and achievement of elite status, and/or the revisions of calculations (including without limitation any estimates), will be made by Surf Air Mobility in its discretion and such calculations will be considered final.
10. Neither Surf Air Mobility’s waiver or consent to a deviation from the Rules nor any course of dealing shall be construed as a waiver by Surf Air Mobility of any subsequent violation of the Rules and Surf Air Mobility may invoke Surf Air Mobility’s Remedies for a violation of the Rules despite any such prior waiver or consent.

Prohibition of sale or barter

1. The sale, barter or other transfer or attempted sale, barter or other transfer of any points, awards, benefits or status, other than as authorized and/or sponsored by Surf Air Mobility, is expressly prohibited. Any points, awards, benefits or status sold, bartered or otherwise transferred is in violation of the Rules and any accounts or Members involved in such sales, barters or other transfers may be subject to Surf Air Mobility’s Remedies. The acquisition, use, transfer or attempted acquisition, use or transfer of points, awards, benefits or status that have been acquired by purchase, barter or other transfer in violation of the Rules may result in Surf Air Mobility’s exercise of Surf Air Mobility’s Remedies.

Partners

1. “Partners” means airlines, banks, rental car companies, hotels or other entities other than Surf Air Mobility who offer products, services, or other benefits, including without limitation status, or market to Members of the Program or who may permit the accrual or redemption of points by Members. Surf Air Mobility and its subsidiaries, affiliates and agents are not responsible for any products, services or other benefits provided by participating companies and Partners. The Partners are independent entities, and Surf Air Mobility is not responsible for the nature or quality of any products or services provided by Partners, nor for any solicitation efforts or other acts or omissions by Partners. points accrual and redemption offers and other offers made to Members by a Partner for utilizing a Partner’s product or service can vary based upon the type of membership, elite status level and other factors. Details on specific Partner offers are published from time to time and Partner offers will be governed by the terms and conditions set forth by the applicable Partner. Routing and destinations for award travel on airline Partners are determined by our individual travel partners.
2. Surf Air Mobility shall have no liability for Partner withdrawals from the Program; award or offer changes, including without limitation changes to the amount of points offered; discontinued Surf Air Mobility or Partner products, services or other benefits, including without limitation status; cancellations caused by Partner withdrawals, including without limitation cancellations of awards, points accrual offers, points redemption offers, and/or Partner elite status level cancellation; or any other act or failure to act by a Partner. Surf Air Mobility may change the criteria for Partner offers (such as points level, elite status or other criteria) or impose other restrictions upon the use of Partner offers or awards, with or without notice.
3. Surf Air Mobility reserves the right to deny the redemption of points and/or the accrual of points and/or elite level spend in connection with the use of any Partner product, service or other benefits, in the event that accrual of such points and/or qualifying spend and/or redemption of points is prohibited by law or otherwise.

Privacy Policy

1. By participating in the Program, Members authorize Surf Air Mobility to collect, maintain, use, process and share their information, including, without limitation, names, email addresses, physical addresses, account and other information in accordance with Surf Air Mobility’s Privacy Policy. You can learn more about how Surf Air Mobility collects, maintains, uses, processes and shares your information in Surf Air Mobility’s Privacy Policy which may be viewed at https://www.iflysouthern.com/policies/. Surf Air Mobility’s Privacy Policy is merely a statement of administrative protocol; it is not a contract, nor does it create any contractual or legal rights. Surf Air Mobility’s Privacy Policy is not made, or intended to be made, a part of these Rules.

Points accrual

1. Points will be accrued in a Member’s account only when the Member avails themselves of a means of accrual recognized under the Program. Members may only accrue points as a result of their own utilization of services, whether air transportation or otherwise.
2. 1. Surf Air Mobility, in its sole discretion, may permit individual Members to credit points and elite level spend earned for flights on other airlines to their individual Program accounts, and other airlines or entities may, by agreement with Surf Air Mobility, permit their program members to credit to their accounts points earned for flights on Surf Air Mobility. In such cases, unless otherwise expressly provided, such points may be credited in only one frequent flyer or loyalty program. Surf Air Mobility shall determine which partner airlines are eligible for credit and may change such partner airlines at any time in its sole discretion with or without notice. Surf Air Mobility may prohibit the accrual of points, elite level spend and other benefits on certain routes flown by partner airlines when required by law or otherwise.
   2. Members receiving benefits at time of booking, check-in, travel or other activity in which Program benefits are provided, including but not limited to fee waivers, additional baggage allowance, and other travel benefits must maintain their Elevate account number throughout the entire reservation and any subsequent reservations created from the original reservation, and for the entire duration of the original and future travel associated with these reservations. Further, if benefits are obtained by a companion traveler by virtue of a Member’s status or other benefits and such Member is no longer traveling on their original reservation, any companion traveling on the original reservation will no longer be eligible for the elite and other benefits obtained as a result of the Member’s status or other benefit allowance.
3. Members may be required to supply a password and/or other security measures when conducting certain transactions in writing, by phone or on the internet for security or other purposes. A password and/or other security measures may be required for certain services, including but not limited to making reservations, redeeming points and changing an address. Members are responsible for maintaining the confidentiality of their password and other security credentials, as applicable. Surf Air Mobility is not responsible for stolen security credentials or passwords and will not redeposit points for redemptions using the Member’s security credentials or password.
4. Except as otherwise expressly permitted by Surf Air Mobility, points can be accrued only after the Member’s official enrollment date and can be applied only to the Member’s account.
5. 1. In the case of air travel, points and elite level spend will be credited only to individual Members and only for flights actually flown by the individual Member. Benefits associated with elite status (e.g., bonus points, elite benefits, baggage allowance, etc.) will be based on the Member’s elite status at the time of travel, not at the time that air travel is purchased, booked or reserved. Neither points credit nor elite level spend will be awarded for flight cancellations or no-showing flights. In addition, some fares or tickets, including but not limited to special promotional accommodations, rentals, industry discounts, consolidation tickets, group rates or special promotional rates at Surf Air Mobility’s discretion, by itself or in conjunction with Surf Air Mobility’s Partners, may be excluded from eligibility for benefits, elite status, points accrual and elite level spend. Surf Air Mobility expressly reserves the right to establish the means of accruing points and elite level spend, to delete or modify any or all of the means currently recognized or to exclude specific types of transactions or tickets from the accumulation of points and elite level spend, in each case, with or without notice.
6. Except as otherwise expressly permitted by Surf Air Mobility from time to time, Award points and elite level spend will not be credited for award travel including tickets purchased using a combination of points and money. Members who are not individuals are not eligible to accrue points or elite level spend for passenger flight activity.
7. Partner offers will be governed by the terms and conditions set forth by the applicable Partner.
8. Only the Member associated with the Elevate account number which is used with Partner transactions may receive points credit and, as applicable, elite level spend for Partner services. Members who are not individuals are not eligible to accrue points for certain activities, including without limitation traveler flight activity, hotel stays, car rentals or any other activity undertaken by the owners, directors, officers, employees, agents or contractors of such Members who are not individuals.

Claims about Member balances

1. Surf Air Mobility will, in most cases, credit its Members’ accounts with accrued points and elite level spend. However, each Member shall have the responsibility to ensure that such Member’s points and elite level spend and any other eligible credit are properly credited. Surf Air Mobility shall determine qualification for points credit and elite level spend and reserves the right to adjust a Member’s account balance if points or elite level spend were deposited in error. Where a Member contends that points or elite level spend has been earned but not credited, or in cases where Surf Air Mobility deems verification is required, Surf Air Mobility reserves the right to require proof from the Member, including but not limited to copies of tickets, receipts or similar documentation verifying any transactions claimed to have been performed. Any claims for points or elite level spend by the Member and proof of such claims must be received by Surf Air Mobility within twelve (12) months after the date such points or elite level spend was claimed to be earned. Certain Partners may have valid retro-credit claim periods that differ. Please check iflysouthern.com or the Partner offer for details.
2. 1. Each Member shall have the responsibility to notify Surf Air Mobility of any erroneous or fraudulent points deduction from such Member’s account within twelve (12) months of the date of the deduction. Surf Air Mobility will review such Member’s claim and reserves the right to require proof, documentation from such Member during the review. A redeposit back into such Member’s account of the points claimed to be erroneously deducted will be determined by Surf Air Mobility in its sole discretion after review and Surf Air Mobility’s decision will be considered final.

Points expiration

1. Points accrued in a Member’s account shall be maintained in the account until it is redeemed for an award or until it is otherwise forfeited pursuant to (a) these Rules, Surf Air Mobility’s Contract of Carriage or Surf Air Mobility’s fare rules, (b) Prohibited Conduct, (c) applicable laws or regulations, (d) Member requested account closure, (e) the death of a Member, (f) the failure of a Member to respond to repeated communication attempts regarding the status of his/her account, or (g) 18 months from the date of point earn, whichever is earliest.

Elite qualification criteria and benefits

1. Surf Air Mobility shall also establish the criteria and process for achieving elite status levels and the benefits associated therewith, including without limitation the criteria and process for accumulating elite level spend. Elite benefits are offered at the discretion of Surf Air Mobility and Surf Air Mobility has the right to terminate such benefits, in whole or in part, or to change benefits, conditions of participation, qualification criteria, qualification process or points levels, in whole or in part, at any time, with or without notice, even though changes may affect the value of elite status levels, or benefits already accumulated.

Award redemption

1. Surf Air Mobility shall establish the amount, structure, availability, process and other criteria for award redemption (including the amount of points necessary to redeem each award), all of which are subject to modification, cancellation or limitation at Surf Air Mobility’s discretion, with or without notice. The amount of points required to redeem any award may be substantially increased or decreased, any award may be withdrawn, and restrictions on any award or its redemption may be imposed at any time. Surf Air Mobility may prohibit award redemption for any Member at its discretion or when required by law or otherwise.
2. Awards may, at the request of the Member, be issued by Elevate in the name of the Member or in the name and for the use of any other person only for non-commercial purposes. Such awards will be issued only after a Member validates their account via use of a password or other security measures that Surf Air Mobility has in place at the time of the award request.
3. Elevate award tickets may be subject to the taxes, fees, tariffs, Contract of Carriage, ticket terms, and re-accommodation policies of the carrier on which travel is scheduled.
4. 1. Redemptions of any non-air awards will be subject to the additional terms and conditions associated with redemption of the applicable award, including any terms or conditions established by the Partner that is providing any such non-air award.
5. After an award ticket or other award is issued, a service charge may be imposed for each change or cancellation requested by the Member.
6. Award tickets and awards may be subject to applicable departure taxes, federal inspection fees, passenger facility charges and other fees, charges or taxes, and the person utilizing the award ticket or award is responsible for the payment of any such items that may apply.
7. When an award is redeemed but then is subsequently cancelled or returned in accordance with the Program’s applicable rules and/or ticketed fare rules at that time (or, as applicable, the Partner’s rules) the Member’s award points taken in connection therewith will be redeposited into the Member’s account, subject to a service charge. For purposes of clarification, some awards may not be eligible for redeposit of points and will state so.
8. Awards for travel shall be valid only to destinations served both at the time of the issuance of the award ticket and at the time of departure, and neither Surf Air Mobility nor its partners shall be liable for schedule changes that result in the cancellation of service to any destination. If a Member fails to comply with any published award rules for air travel, at Surf Air Mobility’s sole discretion, such Member may be accommodated on a different flight than originally selected, denied ticketing or boarding, or be subject to other action as provided herein, and such Member will not be entitled to compensation in connection with any such action.

Disputes

1. You agree that you will notify Surf Air Mobility of any dispute by submitting your concerns via the email at info@iflysouthern.com, including a description of the nature of the dispute. Following delivery of such submission, you agree to allow Surf Air Mobility a period of sixty (60) days to provide a substantive response and to try to resolve the dispute, as limited by paragraph 2 of these Rules, prior to filing any lawsuit, arbitration, administrative or any other proceeding against Surf Air Mobility related to the dispute. COMPLIANCE WITH THE NOTIFICATION PROCEDURES SET FORTH HEREIN SHALL BE A CONDITION PRECEDENT TO YOUR RIGHT TO FILE ANY LAWSUIT, ARBITRATION, ADMINISTRATIVE OR ANY OTHER PROCEEDING AGAINST SOUTHERN AIRWAYS EXPRESS. YOU AGREE THAT YOUR FAILURE TO COMPLY WITH THE NOTIFICATION PROCEDURES SET FORTH HEREIN PRIOR TO FILING A LAWSUIT, ARBITRATION, ADMINISTRATIVE OR OTHER PROCEEDING AGAINST SOUTHERN AIRWAYS EXPRESS SHALL ENTITLE SOUTHERN AIRWAYS EXPRESS TO RECOVER REASONABLE ATTORNEYS’ FEES INCURRED IN DEFENDING THE LAWSUIT, ARBITRATION, ADMINISTRATIVE OR ANY OTHER PROCEEDING.

Class action waiver

1. YOU AGREE THAT THE RESOLUTION OF ANY DISPUTE, CLAIM, OR CONTROVERSY RELATED TO THE PROGRAM SHALL BE CONDUCTED ON AN INDIVIDUAL, NOT A CLASS-WIDE BASIS, AND THAT NO SUCH PROCEEDING MAY BE CONSOLIDATED WITH ANY OTHER LEGAL PROCEEDINGS INVOLVING SOUTHERN AIRWAYS EXPRESS. YOU FURTHER AGREE THAT YOU, AND ANYONE ASSERTING A CLAIM FOR YOU, WILL NOT BE A CLASS REPRESENTATIVE, CLASS MEMBER, OR OTHERWISE PARTICIPATE IN A CLASS, REPRESENTATIVE, CONSOLIDATED OR PRIVATE ATTORNEY GENERAL PROCEEDING AGAINST SOUTHERN AIRWAYS EXPRESS.