1. Acceptance of Terms
The bookairambulance.com a website ("BAA") is an internet-based Air Ambulance Booking portal owned and operated by Flaps Aviation Private Limited ("Flaps Aviation"), a company incorporated under the laws of India, with its registered office at Suite No 8/15, Mehram Nagar (West), Opposite Domestic Terminal 1D, IGI Airport, New Delhi -110037.
This User Agreement along with Terms Of Service (collectively, the "User Agreement") forms the terms and conditions for the use of services and products of Flaps Aviation.
The "Terms of Service" available on BAA's website details out terms & conditions applicable to various services facilitated by BAA. The User should refer to the relevant Terms of Service applicable for the given product or service requested by the User. Such Terms of Service are binding on the User.
Any person ("User") who inquiries about or purchases any services of BAA through its website, offices, call centers, branch offices, agents, etc. (all the aforesaid platforms collectively referred to as "Channels") agree to be governed by this User Agreement.
Both User and BAA are individually referred to as 'Party' and collectively referred to as 'Parties' to the User Agreement.
The Website is meant to be used by bonafide User(s) for lawful use.
The User Agreement grants a limited, non-exclusive, non-transferable right to use this Website as expressly permitted in this User Agreement. The User agrees not to interrupt or attempt to interrupt the operation of the Website in any manner whatsoever
BAA requires a member to take a Membership Program as a condition for obtaining the benefits of membership and Program coverage. The member must submit a complete, accurate Application form and pay the Flaps Aviation a non-refundable membership fee of the amount specified in the Application form. In the event of any change in the membership program coverage or status of any individual named in the Application, the member agrees to notify the Flaps Aviation within ten (10) days and, if the change results in the affected individual owing an additional membership fee, the member agrees to pay the additional amount upon receipt of an invoice from the Flaps Aviation. As a prerequisite of this Membership program, the member understands that the illness of the Member must be informed to the Flaps Aviation well in advance. Any relevant and requisite documents requested by the Flaps Aviation must be produced and submitted with the BAA’s doctors immediately at the time of patient lift requirement, and members agree that such documents are subject to verification by the Flaps Aviation for better understanding and proper handling of the Member while shifting.
CASHLESS AIR AMBULANCE MEMBERSHIP:
Cashless Air Ambulance is the most privileged BAA Membership program for a family of 6 members i.e., Husband, Wife, 2 Unmarried Kids (up to 21 years) and your parents (father/mother ‘or’ in-laws-See Note*) valid for 1 year, whereby a privileged member is entitled to one free Air Ambulance patient transfer after 30 days from registration for anyone select critical ailment such as
Heart Diseases (i.e., from 2nd Heart attack onwards). However, an ECG is a must for the shifting confirmation, or
Burn cases with more than 60% burn injuries, or
Road accident cases with spinal injury (fracture must) and multiple fractures. the patient will be shifted in this category if confirmed by the hospital doctor and patient is fit to fly as per the attending Doctor.
Neurological patients, excluding brain dead patients, will be shifted in this category only if confirmed by the attending hospital doctor and the BAA’s doctor, or
Multiple Organ Failure, or
Complications during childbirth to the mother
Additionally, this privileged member is also entitled for a 50% discount for patient transfer for all diseases which are not an immediate threat to the life of the Patient and gives a breathing time such as Heart Disease, Pneumonia, Typhoid, Malaria, High / Low BP, Diabetes, Kidney Disorder, Lung Failure, and other stomach related diseases. A member can also avail 50% discount for diseases which are not an immediate threat to the life of a patient and or family member may plan the transfer in advance for diseases such as Knee replacement, Kidney Transplant, any Organ Transplant, Cancer, Road Accidents with lesser complications and all sorts of treatment not covered above.
Diseases covered under 50% discounted rates(which are not an immediate threat to life of the patient) shall be available for patient transfer after 15 days from registration.
In case the member wishes to include grandparents and not parents or in-laws, they shall be allowed to be entered under the program subject to the total number of members being less than or equal to 6 members. Available within 15 days from the date of registration.
In case the requirement of patient lift arises for such grandparents, then they shall not be eligible for the one free patient transfer but considered under 50% discount for patient transfer after 15 days from registration for any of the diseases listed above.
Cashless Air Ambulance benefit shall be available to member if age on the date of taking the membership is < 65 years. Members who have crossed 65 years shall still be eligible for the 50% discounted rates.
Age limit for < 65 years applies even to Parents (father / mother ‘or’ in-laws) and grandparents for becoming eligible for Free Air Ambulance patient transfer. Parents or grandparents who have crossed 65 years shall still be eligible for 50% discounted rate.
General Conditions Applicable to the Cash less Program:
- 1. BAA is responsible for Airport-To-Airport patient transfer and the member will have to independently arrange and pay for the Road Ambulance (both sides) and Airport Handling charges on actuals which are nominal costs and applicable government taxes. Approx costs are given in the website under the list of Airports Category at the bottom portion.
- Only 1 attendant will be allowed to travel with the patient under normal conditions and also during monsoon or any bad weather or any other condition which is against air safety and against safe operations of the aircraft as not permitted by DGCA, AAI or any other competent authority. And in case the pilot approves the 2nd attendant, it can be done at a minimum chargeable amount of Rs. 50,000.
- The applicant or any member applying for the Membership Program should not be hospitalised during the registration of membership. The company will not be able to facilitate such a requirement or request.
- The privileged member also qualifies to avail benefits ‘or’ discounts from our business associates such as multi-specialty hospitals in various metros and cities, 3300+ pharmacy outlets for medicine and private label health and FMCG products PAN India, 144+ Diagnostic discounts PAN India and online discounted coupons on travel, entertainment, food and drinks, spa and salon and other online products and brands PAN India. However, offers from our business associates are as per their own terms and conditions and are subject to change. Book Air Ambulance – Flaps Aviation will not be held responsible for any deficiency in services by such business associates other than Air Ambulance services.
- In case of booking of aircraft in case of an emergency, as cited in various sections above which specifically qualifies for 50% discount category, advance payment of 50% shall be paid in advance before the aircraft gets blocked for the member for the patient lift. For Cashless Air ambulance, there is no need to pay any advance payment towards booking of aircraft.
5. FORCE MAJURE
There can be exceptional circumstances where BAA may be unable to honour the confirmed bookings due to various reasons like the act of God, labour unrest, insolvency, business exigencies, government decisions, terrorist activity, any operational and technical issues etc. or any other reason beyond the control of BAA.
In no event shall BAA and be liable for any direct, indirect, punitive, incidental, special or consequential damages, and any other damages like damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website.
6. MODIFICATION OF TERMS
Flaps Aviation reserves the right to change the terms, conditions and notices under which the Services are offered through the Website, including but not limited to the charges for the Services provided through the Website. The User shall be responsible for regularly reviewing these terms and conditions.
7. INTELLECTUAL PROPERTY
Includes existing and future Intellectual Property in the nature of unregistered or registered rights to any and all Patents, Copyrights, Trademarks and other confidential and/or proprietary information limited to that forming part of the subject matter of this agreement and inclusive of all Intellectual Property that is the subject of ownership by Flaps Aviation and/or its subsidiaries in Interest and title.
8. SERVICE AREAS
Flaps Aviation provides its BAA services in boundaries of India only excluding Leh, Thoise, Lengpui, Kullu, Shimla, Lakshadweep Islands Andaman and the Nicobar Islands and or any other lands, areas that are under dispute and runways whose length, width, surface conditions, approach path and other parameters for landing and take-off are less than required for the performance of the aircraft
9. DISCLAIMER AND WARRANTIES
The Membership Program is not an insurance Program. The program does not compensate or reimburse another ambulance company that provides emergency transportation to the members. This might also occur when this Membership Program is unable to perform within a medically appropriate timeframe due to a mechanical or maintenance problem or being on another call.
Flaps Aviation shall not be held responsible for any delay/cancellation of any flight due to airspace closure enroute (between departure and destination airports) which is impossible to cross for the aircraft due to aircraft performance or international boundaries.
Flaps Aviation shall not be held responsible for any delay/cancellation of any flight due to airspace closure for general aviation aircraft in the particular area from where evacuation is required to be done.
The member agrees to indemnify and hold harmless Flaps Aviation, its officers and directors, employees and its affiliates and their respective successors and assigns and each other person, if any, who controls any thereof, against any loss, liability, claim, damage and expense whatsoever arising out of or based upon any false representation or warranty or breach or failure by the Flaps Aviation to comply with the user agreement. Flaps Aviation in no situation shall be liable for the loss exceeding the amounting the yearly membership program on a prorate basis.
11. TERMINATION AND RENEWAL OF COVERAGE
Flaps Aviation may terminate this User Agreement and the participation of any Membership Program for failure to comply with the terms of this User Agreement. Flaps Aviation reserves the right to discontinue its Ambulance Program at any time upon prior notice to Members. In such an event, Flaps Aviation shall return a pro-rata portion of the membership fee. Flaps Aviation also reserves the right to unilaterally modify the terms of this Program, including but not limited to the membership fee to be charged to members who join or renew their membership program after the effective date of such change. Flaps Aviation shall renew membership program on an annual basis upon successful completion and submission of an Application or Renewal Application and payment of the specified Membership Fee.
12. RESPONSIBILITIES OF USER/MEMBERS
The User agrees to comply with the terms and conditions of Service Provider in addition to BAA's User Agreement and Terms of Service.
The User will be required to be a member of BAA in order to avail the Services.
The User shall further be in possession of valid documents viz. identity proof, address proof, passport in case of services booked outside India, or any other document as specified by the Service Provider in order to utilize the services booked.
The User may be required to sign a waiver/consent form, safety procedure form, medical declaration, or other document before availing the activity which is mandated by the Activity Provider.
13. FLIGHT OPERATIONS TERMS AND CONDITIONS:
Flaps Aviation will not be held responsible for any delay or cancellation due to the following operational terms and conditions as mentioned below. All members must plan in advance, to avoid any sort of delay in shifting the patient
- All flight activations require minimum 12 working hours for permission from various agencies. Flaps Aviation will not fly any aircraft until & unless proper clearance is received from all ground agencies before departure.
- For all Airport Authority of India (“AAI”) airports 24 hours prior notice is required for operating the aircraft but due to medical emergencies permissions are given at short notice. It is at the discretion of AAI and the Flaps Aviation will not be held responsible for any delay or cancellations.
- All AAI airport flights will be conducted during normal airport watch hours. Any watch hour extension will attract extra charges on an hourly basis which shall be borne by the member.
- Flaps Aviation will not be held responsible for any delay/cancellation for the unavailability of parking at the airport due to any reason.
- Flaps Aviation will not be held responsible for any delay/cancellation for airspace or airport closure due to any military or air force flying or due to any VVIP or VIP movement.
- Flaps Aviation will not be held responsible if there is any delay or cancellation due to bad weather or any other condition which is not safe for aircraft operations or not permitted by DGCA, AAI, or any other competent authority.
- Flaps Aviation will not be held responsible for any diversion or delay due to bad weather, airport closer or runway closer or any other condition which is against air safety and against safe operations of the aircraft.
- Flaps Aviation will not be held responsible if the aircraft is diverted to any unplanned airport due to any reason including technical, non-technical, or as mentioned under this user agreement. In such cases, all hospitalization charges of the patient/member need to be paid by the member.
- Flaps Aviation will provide full assistance in transferring such user/ member (as mentioned) to the local hospital nearest to the unplanned airport.
- Flaps Aviation will not be held responsible for any delay or cancellation if aircraft are grounded due to any technical reason at any point in time or any phase of flight like a departure, enroute, arrival, or before landing.
- All state government airstrips are under the control of District Magistrate of that area and permission takes a minimum of 12 working hours during office hours. Flaps Aviation shall not be held responsible for any delay due to this reason. For such locations, the customer/member shall directly take the Local District Magistrate’s permission.
- All flight operations are restricted to day operations only, as night facility is not available and approved at State Government airports & many AAI Airports.
- At all State Government airports fire-fighting, ambulance, and runway clearance is done by the local authority. Flaps Aviation will not be held responsible if any delay/ cancellation happens due to the unavailability of these services.
- All flights will be conducted from paved runways. Flaps Aviation will not conduct any flights from soft air-fields, grassy air fields, sea-ports, Heliports or helipads.
- Flaps Aviation will not be held responsible if the runway surface is not suitable for operating a flight due to any reason.
- For flight operations, Flaps Aviation requires a minimum (at least 4000 feet to 5000 feet) Paved Runway Length which depends on aircraft to aircraft and will be decided on the day of operation. Flaps Aviation will not be held responsible if the flight is cancelled due to the length of the runway is shorter than specified above.
- Flaps Aviation is not into Sea-plane or Helicopter operations and will not be able to provide any helicopter or sea-plane aircraft for evacuation.
- All flights at Air Force, Navy, Coast Guard, or military airports require clearance from their Head Quarters situated at New Delhi and require a minimum of 12 hours. Flaps Aviation must not be held responsible if any delay happens and the condition of the patient deteriorates due to this reason.
- All flight operations at Air Force, Navy, Coast Guard or military is restricted to day operations only. Flaps Aviation will not be held responsible for any delay due to this reason.
- In case a user/member is of foreign national a special clearance is required to operate at Air Force, Navy, Coast Guard, or military airports and a copy of the passport is required to get the clearance and it may take more than 6 hours to get the clearance.
- To operate at Air Force, Navy, Coast Guard or military airports on holidays may take more time than usual. Flaps Aviation will not be held responsible for any delay/cancellation due to the unavailability of clearance.
- Flaps Aviation will not be held responsible for any delay/cancellation due to any natural calamity or if the aircraft is stuck in that particular area during that period.
- Flaps Aviation will not be held responsible for any delay/cancellation of any flight if, aircraft is engaged for National cause, interest, natural or unnatural emergencies, or on unscheduled Government deployment to evacuate anyone for the safety of their lives.
- The flights will be conducted on non-scheduled aircraft which are approved by competent authority for carrying out medical evacuations. Except a few cases which may be shifted in scheduled airlines as well. Only one patient at a time will be shifted depending on the condition which will be decided by the Company Doctor.
- All communicable diseases will be shifted with extreme precautions and on the willingness of the operating crew. In case, crew is not willing to operate the particular flight, Flaps Aviation will try to make arrangement of ground ambulance for shifting such cases. Flaps Aviation will not be held responsible for any delay/cancellation of any flight due to this factor. Communicable diseases will not be shifted.
- Flaps Aviation reserves the right to withdraw membership of any User whose behaviour is deemed likely to affect the smooth operation of the outbound services or adversely affect the safety of crew members or service staff. BAA shall not be liable for any damages due to such withdrawal.
- Flaps Aviation shall not be liable to make any payment under this membership plan in respect of any claim if such claim be in any manner fraudulent or supported by any fraudulent means or device whether by the member or by any other person acting on his behalf.
14. REFUND AND CANCELLATION
REFUND: Membership Program
The membership fee is non-refundable.
Air Ambulance Membership if not renewed will automatically be cancelled on the date of expiry.
Air Ambulance Flight Bookings :
A: Under the 50% discount category(where 50% of tariff is fully paid)
and other normal air ambulance booking(fully paid)
Charter / Air Ambulance flights once booked can be cancelled as per the below terms and conditions.
25% of charges based on estimated flying time will be deducted in case a confirmed booking is cancelled between 24 to 12 hours before the estimated time of departure.
50% of charges based on estimated flying time will be deducted in case a confirmed booking is cancelled between 12 to 6 hours before the estimated time of departure.
100% of charges based on estimated flying time will be deducted in case of no show and cancellation of confirmed booking is between 6 to the estimated time of departure.
100% of charges will be deducted in case the aircraft departs and after that cancellation by the customer for any reason.
Refund for cancelled flights will be processed as per cancellation policy and will be refunded within 24 working hours. In some cases, it may take up to 7 working days. This delay may be because of bank holidays or other non-working days.
B: Under the cashless air ambulance category
Under Cashless membership plan, and in case of a need, air ambulance booking is done for patient lift and an ETD is given to the member and subsequently, the member wants to cancel the booking for any reasons, such cancellations shall be done 12 hrs prior to Estimated Departure Time(ETD). In case the cancellation is done in less than 12 before ETD, the eligible one free airport to airport transfer shall be lapsed or concerned utilised for the year for which membership is taken and such members shall come under the 50% discount category.
All notices and communications required or permitted under this user agreement shall be in writing and any communication or delivery shall be deemed to have been duly made mailed by a registered post addressed as follows:
Flaps Aviation Pvt. Ltd., Suite No 8/15, Mehram Nagar (West), Opposite Domestic Terminal 1D, IGI Airport, New Delhi -110037.
All disputes, differences and/or claims arising out of this user agreement, meaning or effect hereof or as to the rights and liabilities of the Parties, hereunder, shall be settled by arbitration to be held at Delhi, India in accordance with the provisions of the Arbitration and Conciliation Act, 1996 or any statutory amendments thereof or any statute enacted for replacement thereof and shall be referred to the sole Arbitrator.
17. GOVERNING LAW AND JURISDICTION
Any dispute/difference arising from this user agreement shall be subject to the exclusive jurisdiction of the courts in Delhi, India.
- The user or any member applying for the Membership Plan should not be hospitalised during the registration of membership.
- The membership plans provided by BAA are solely for the purpose of shifting of a patient from their home city to any other city for medical treatment only.
- Flaps Aviation has entered into an agreement with its associates and partners viz., SUBURBAN DIAGNOSTICS (INDIA) PRIVATE LTD.” 2nd Floor, Sunshine, Opp. Shastri Nagar, Andheri (W), Mumbai; and APOLLO PHARMACY, PART OF APOLLO HOSPITALS ENTERPRISE LTD. Ali Towers, III Floor, No. 55 Greams Road Chennai – 600 006; Kinobeo Software Pvt Ltd., Building No. 40, Okhla Phase 3, Industrial Area, Near DHL Office, New Delhi, Delhi 110020 towards passing on the discount benefit to all its members on purchasing goods and services from these companies/institutions. Flaps Aviation does not control the pricing, services, and time to time offers of these companies/ institutions. Members will be directed to these sites online/offline to avail such prevailing offers, price discounts, and other benefits. Members cannot hold Flaps Aviation - Book Air Ambulance responsible for any deviation/mishap while dealing with these companies/institutions. The benefits are passed on in good faith.
- Communicable disease, Pandemic & Epidemic deceases will not be covered under the membership program. Patients will be shifted in case BAA’s doctor approves the same and also the approval of government authorities may be required and is satisfied that the patient poses no threat of contamination and is satisfied to the best of his ability with the condition of the patient.
- Shifting will be done only in cases where the patient gets a fit to fly certificate from the BAA’s Doctor. All medical conditions of the members must be intimated to our team for the purpose of maintaining records, in order to avoid any delay in the shifting of a patient.
- In case a member wants to take his own doctor on board, (he would be allowed to do so in; however, the travel cost of the accompanying doctor is not included in the membership plan and must be borne out by the member). Further, even in cases where a personal doctor accompanies the member, a team of doctor & paramedic of the BAA will be there at all times during the flight. In case a member wants to take his own doctor and waives his right to take a team of doctor & paramedic with all the equipment, he must take sole-responsibility for the said act, and his condition during the process of shifting him and must expressly declare that the Flaps Aviation would in no case be liable for his health condition during the said process of shifting. However, this will also depend on the aircraft make and model. Flaps Aviation will only be liable to shift the patient from in and out of the aircraft/hospital. In the aforementioned cases, where the patient waives his right to avail the services of the BAA’s doctor and paramedics team all in air emergencies / ground emergencies will be taken care by the personal doctor of the patient. Furthermore, the Doctor must be aircraft type specifically SEP (System & Emergency Procedures) trained as per the Govt. rules.
- Priority of availing the services will be decided on first come first basis and will be decided by the Flaps Aviation.
- In case primary aircraft is under maintenance other aircraft will be arranged from the industry and Flaps Aviation will not be held responsible for the loss of time while making such arrangements. In case of unavailability of aircraft, Flaps Aviation will try to shift the patient through scheduled airlines if the patient is acceptable to the scheduled airline, which will be decided on case to case basis.
- Shifting of dead bodies even if he/she was a member, will not be covered under membership plans. If required, the additional cost (for the shifting of the dead body of a member) would have to be borne by members.
- Dead body, if required to be shifted, must be in a coffin of specific size of around 1 feet at head, 1.5ft at chest, 1 feet from foot side and 1 feet high. Length must not be more than the length of body or max 6.3 feet in length, whichever is less; this must be accompanied with a death certificate, embalming certificate, and police certificate prior to departure. This membership will not be valid in case of any Natural calamity or during an Emergency in the country. Members will not be able to avail this facility during such times.