Legal · Fliovoy, LLC
These Terms are a contract between you and Fliovoy, LLC, a Delaware limited liability company ("Fliovoy," "we," "us"). They cover fliovoy.com, the Fliovoy app, our emails, and every service we offer (together, the "Service").
Please read Section 6 (Autopilot Booking Authorization) and Section 18 (Arbitration) with care. Section 6 lets us buy a plane ticket and charge your card without asking you first. Section 18 says you and we will resolve most disputes in individual arbitration, not in court or a class action, unless you opt out within 30 days.
If you do not agree to these Terms, do not use the Service.
1.1 What we do. You tell us where you want to fly, when, and the most you will pay. Our software watches fares. When a fare meets your criteria at or under your cap, we buy the ticket for you and charge your saved card. We call this "Autopilot."
1.2 We are not an airline. Fliovoy does not operate flights. We buy tickets on your behalf from airlines through our booking partner, Duffel Technology Ltd. ("Duffel"). The airline that operates your flight ("the Carrier") provides the transportation. The Carrier's contract of carriage, fare rules and tariffs govern your flight, including baggage, seating, check-in, schedule changes, delays, cancellations, denied boarding and refunds of the airfare. Each Carrier publishes its contract of carriage on its website, and your booking confirmation names the Carrier that operates each flight.
1.3 Our role. When we book a ticket, we act as your agent, following the instructions you gave us in your trip criteria. We charge your card in our own name for the total price we showed you (airfare plus our service fee) and pay the Carrier through Duffel.
1.4 Domestic only. The Service books flights between airports in the United States. We do not book international travel.
2.1 You must be at least 18 years old and able to form a binding contract.
2.2 You must be a resident of the United States, and the billing address of the card you save must be in a state where the Service is available (Section 3).
2.3 You may book travel for yourself and for other people. If you give us another traveler's information, you confirm that you have their permission to share it with us, Duffel and the Carrier for the booking, and that you have told them about our Privacy Policy. You accept responsibility for bookings you make for them. If a traveler is under 18, you confirm that you are that traveler's parent or legal guardian or have that person's permission.
3.1 Not yet available in some states. Several states require travel sellers to register, post a bond or keep a trust account before selling travel to their residents. We are completing those steps. Until we do, we do not sell memberships or book travel for residents of California, Florida, Hawaii, Illinois, Massachusetts, Minnesota, North Carolina, Virginia or Washington, or of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa or the Northern Mariana Islands. We check the billing address of your saved card and will not activate a trip or membership where the billing address is in one of those states.
3.2 Tell us the truth about where you live. You agree that the billing address you give us is accurate. If you move to a state on this list, tell us, and we will cancel any active trips and your membership and refund any unused, prepaid membership fees on a pro-rata basis.
3.3 We update the list in 3.1 as registrations issue. When we register in a state, we will publish our registration number where that state requires it.
4.1 You need an account to use most of the Service. Give us accurate information and keep it current.
4.2 Keep your password secret. You are responsible for activity on your account unless you tell us promptly that someone else accessed it. Email jay@fliovoy.com right away if you think your account has been compromised.
4.3 One person per account. Do not sell, transfer or share your account.
5.1 Plans. Anyone with an account can set up trip watches for free. Autopilot booking requires a paid membership. Current plans:
| Plan | Monthly | Annual (billed once a year) | Fliovoy fee per Autopilot booking |
|---|---|---|---|
| Wanderer | $9.99 / month | $101.88 / year | 0.75% of the airfare |
| Nomad | $24.99 / month | $254.88 / year | 0.5% of the airfare |
There is no monthly limit on Autopilot bookings. The Fliovoy fee in the table is part of the service fee on each booking, together with the booking and card costs Section 6.5 describes.
5.2 Automatic renewal. YOUR MEMBERSHIP RENEWS AUTOMATICALLY AT THE END OF EACH BILLING PERIOD (MONTHLY OR YEARLY, AS YOU CHOSE), AND WE WILL CHARGE THE THEN-CURRENT PRICE TO YOUR SAVED CARD UNTIL YOU CANCEL. We show you the price, the billing period and how to cancel before you subscribe, and we ask for your agreement separately from these Terms. We email you a receipt after you subscribe that includes these terms and how to cancel.
5.3 How to cancel. You can cancel online at any time from your account's Membership page, with no phone call or chat required. You can also email jay@fliovoy.com with the subject "Cancel membership." Cancellation takes effect at the end of your current billing period. You keep membership benefits until then, and we will not charge you again.
5.4 Renewal reminders. For annual plans, we email you a reminder 30 to 40 days before each renewal, stating the renewal date, the amount and how to cancel. For monthly plans, every renewal receipt tells you how to cancel, and once a year we email you a reminder of your plan's terms and how to cancel.
5.5 Price changes. Founding members (anyone who joined a paid plan at the founding rate) keep that rate for as long as their membership stays active without a break; we will not raise it. For everyone else, if we change the price of your plan, we will email you at least 30 days before the change takes effect, and the new price applies from your next renewal after that notice. You may cancel before then.
5.6 Refunds of membership fees. Membership fees pay for access during the billing period and are not refunded for partial periods, except: (a) where the law requires a refund; (b) under Section 3.2; (c) if we end the Service or your account without cause, in which case we refund the unused portion of any prepaid fee pro rata; or (d) within 7 days of your first-ever annual payment, if you have not used Autopilot to book a flight, we will refund it in full on request.
5.7 No hoops. When you ask to cancel, we cancel. We do not make you sit through offers to stay.
5.8 Failed payments. If a renewal payment fails, we may retry it and pause Autopilot booking until the payment succeeds. We will tell you by email.
5.9 No free trial. We do not currently offer a free trial. If we offer one later, we will tell you before the trial starts when the paid period begins and what it will cost.
This section describes a standing authorization for us to charge your card without asking you first. It is the core of the Service.
6.1 Your trip criteria. For each trip you set up ("Trip"), you choose the route, the travel dates or date window, the cabin, any preferences we offer (for example, nonstop only or no basic economy), the travelers, and a maximum total price (your "Cap"). Your Cap includes the airfare, all taxes and government fees, and our service fee.
6.2 What you authorize. When you activate a Trip and agree to this authorization, you authorize Fliovoy, LLC to:
(a) watch fares for that Trip;
(b) buy one ticket per traveler on that Trip that meets your criteria and whose total price is at or under your Cap, without asking you to confirm first; and
(c) charge the card you saved for that Trip for the total price of that booking.
This is a merchant-initiated transaction on a card you stored with us for this purpose.
6.3 How the charge works.
(a) When we find a qualifying fare, we place a temporary authorization hold on your card for up to your Cap.
(b) We then try to buy the ticket.
(c) If the Carrier issues the ticket, we capture only the actual total: airfare plus taxes plus our service fee. We release the rest of the hold.
(d) If the ticket does not issue, we release the entire hold and charge nothing.
Your bank controls how quickly a released hold disappears from your statement, usually within a few business days.
6.4 The Cap is a hard ceiling. We will never charge more than your Cap for a Trip.
6.5 Our service fee. Our service fee is one amount, charged per booking and shown per passenger, made of three parts: (a) what our booking partner Duffel charges us to issue the ticket, at cost ($3.00 per order plus 1% of the airfare); (b) your plan's Fliovoy fee (Section 5.1); and (c) card processing. We show the formula before you activate a Trip and the exact amount in your booking confirmation. The total charge is (airfare + $3.00 + 1% of the airfare + your plan's Fliovoy fee + $0.30) ÷ 0.969, rounded up to the next cent, and the service fee is the total minus the airfare. On a $400.00 fare, for example, a Wanderer member pays $423.47 in total (a $23.47 service fee) and a Nomad member pays $422.40 (a $22.40 service fee). Your Cap always includes the service fee.
6.6 One authorization per Trip. Each Trip is its own authorization with its own Cap and its own end date, which is the end of your travel window. The authorization ends when we book the Trip, when you cancel it, or when the travel window passes, whichever comes first. We will not use your saved card for anything you did not authorize.
6.7 Cancel any time before we book. You can cancel a Trip at any time before we book it, by emailing jay@fliovoy.com or replying to any email about that Trip. We act on cancellation requests as soon as we receive them, and a Trip we have not yet started booking stops immediately. That stops all watching and we will not charge you. If we have already placed a hold, it means we are in the middle of buying; you can still ask us to cancel, and we will cancel the booking under Section 7.
6.8 If your payment fails. If your card declines or needs extra verification when we try to book, we will not buy the ticket. We will email you so you can update your card.
6.9 Keep your details current. Autopilot books using the traveler names, dates of birth and other details you gave us. Names must match each traveler's government-issued ID. We are not responsible for a booking that fails or a traveler who is denied boarding because details you gave us were wrong.
6.10 Our promise if we get it wrong. If we book a flight that does not match the criteria you set for a Trip, or charge you more than your Cap, tell us within 30 days of the booking. We will cancel the booking and refund everything you paid for it, including our service fee, or, if you prefer to keep the flight, refund the amount by which we exceeded your Cap. This promise does not cover things the Carrier does after booking, such as schedule changes.
7.1 Cancelling within 24 hours. If you ask us to cancel within 24 hours of booking, and we booked at least 7 days before the flight's scheduled departure, we will try to cancel it. If the Carrier or Duffel lets us cancel without a penalty, we refund the full amount you paid, including our service fee. If they do not, Section 7.2 applies, and we will tell you before we cancel anything. Email jay@fliovoy.com or reply to your booking confirmation.
7.2 After 24 hours. The Carrier's fare rules decide whether you can change or cancel a ticket, and what that costs. Many fares, including basic economy, are non-refundable and cannot be changed. We will pass on any refund or travel credit the Carrier gives, less any Carrier fee. Our service fee is not refundable after the 24-hour window, except under Section 6.10 or 7.3.
7.3 Airline cancellations and significant changes. If the Carrier cancels your flight or significantly changes it and you do not accept the alternative, U.S. Department of Transportation rules may entitle you to a refund. We will request that refund from the Carrier for you and pass it to you promptly, and we will also refund our service fee in that case.
7.4 Refund timing. When you are entitled to a refund under 7.3, we refund your original card within 7 business days after we learn from the Carrier that you are entitled to it. Other refunds we owe you under these Terms go back to your original card within 7 business days after we agree to them. If the Carrier offers a travel credit, we will tell you that you can choose a refund instead where the law gives you that right.
7.5 Card disputes. You keep every right you have to dispute a charge with your card issuer. A booking that matches your Trip criteria and is at or under your Cap is a charge you authorized. If something looks wrong, please contact us first. We can often fix it faster than a dispute can.
8.1 Every price we show for a flight is the total you pay. It includes the airfare, all taxes, government-imposed fees and our service fee. The Carrier may charge you separately for optional services, such as checked bags, seat selection or onboard purchases. Those are between you and the Carrier. Airline baggage fees may apply; your confirmation links to the Carrier's baggage policy. We never add paid extras to a booking unless you choose them.
8.2 Fares change constantly. A fare we show while you set up a Trip is an example, not a promise. We book only fares that are available when we buy.
8.3 All amounts are in U.S. dollars.
You are responsible for having valid ID that meets TSA requirements (including REAL ID rules), for checking in on time, and for meeting the Carrier's conditions of travel. U.S. law requires airlines to collect each traveler's full name as it appears on ID, date of birth and gender for the TSA Secure Flight program. We collect those details and pass them to the Carrier for that reason.
10.1 By creating an account, you agree that we may email you about your account, Trips, bookings, holds, charges, receipts and policy changes. These messages are part of the Service and you cannot opt out of them while you have an account.
10.2 We send marketing email only if you opt in, and every marketing email has an unsubscribe link.
10.3 If we offer text messages, we will ask for your separate consent first. Message and data rates may apply. Reply STOP to stop and HELP for help. Consent to texts is never a condition of buying anything.
You agree not to:
(a) use the Service to break any law or to make speculative, fraudulent or false bookings;
(b) use another person's card or identity without permission;
(c) probe, scan or test the vulnerability of the Service, or bypass any security or access control, except under a written agreement with us;
(d) scrape, crawl or copy the Service or its data by automated means, except through an interface we publish for that purpose;
(e) interfere with the Service or place unreasonable load on it;
(f) resell the Service or bookings made through it without our written permission; or
(g) reverse engineer the Service, except where the law allows it despite this restriction.
You may use software agents or assistants to access your own account on your behalf through interfaces we offer for that purpose, and you are responsible for what they do.
12.1 We own the Service, including its software, design, text, graphics and the Fliovoy name and logo. We give you a personal, non-transferable, revocable license to use the Service under these Terms.
12.2 You keep ownership of information you give us. You give us permission to use it to run and improve the Service, as described in our Privacy Policy.
12.3 If you send us feedback or ideas, we may use them without paying you or owing you anything.
13.1 We may change or stop parts of the Service. If we stop Autopilot or end the Service, we will cancel active Trips (without charging you) and refund unused prepaid membership fees pro rata.
13.2 We may update these Terms. If a change is material, we will email you and post a notice at least 30 days before it takes effect. Changes do not apply to a booking already made or to a dispute that arose before the change. If you do not agree, cancel your membership and stop using the Service before the change takes effect. Continued use after that date means you accept the new Terms. Changes to Section 18 follow Section 18.10.
14.1 You may close your account at any time from your profile or by emailing us. Closing your account cancels active Trips and your membership as described in Sections 5.3 and 6.7. Bookings already made stay in place.
14.2 We may suspend or close your account if you break these Terms, if we suspect fraud or a security risk, or if the law requires it. We will tell you why unless the law or a security concern prevents us. If we close your account without cause, Section 5.6(c) applies.
15.1 We work to keep the Service accurate and available, but we do not promise that it will run without interruption or error, or that we will find a fare that meets your criteria. Many Trips will never find a qualifying fare, and we will not charge you in that case.
15.2 The Carrier, not Fliovoy, is responsible for the flight itself, including delays, cancellations, schedule changes, overbooking, lost baggage, safety and conduct of its staff. We are not liable for the Carrier's acts or failures.
15.3 EXCEPT FOR THE PROMISES WE MAKE EXPRESSLY IN THESE TERMS, AND TO THE EXTENT THE LAW ALLOWS, WE PROVIDE THE SERVICE "AS IS" AND DISCLAIM IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow these disclaimers, so they may not apply to you.
16.1 TO THE EXTENT THE LAW ALLOWS, NEITHER FLIOVOY NOR ITS OWNERS OR CONTRACTORS WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, ARISING FROM THE SERVICE.
16.2 TO THE EXTENT THE LAW ALLOWS, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THE SERVICE IS LIMITED TO THE GREATER OF (a) $100 OR (b) THE TOTAL AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM, INCLUDING THE FULL AMOUNT OF ANY BOOKING THE CLAIM CONCERNS.
16.3 These limits do not apply to our obligations under Sections 6.10 and 7, to liability for our gross negligence, fraud or willful misconduct, to personal injury caused by our negligence, or to any liability the law does not allow us to limit.
If you use the Service to break the law or these Terms, or give us traveler information without the permission Section 2.3 requires, you agree to cover our reasonable losses and costs, including reasonable legal fees, from third-party claims that result. This section does not apply to the extent a claim results from our own fault.
18.1 Talk to us first. Before starting arbitration or a small-claims case, you agree to email jay@fliovoy.com with your name, your account email, a description of the dispute and what you want. We agree to do the same with notice to your account email. We both agree to try in good faith to resolve it for 30 days.
18.2 Agreement to arbitrate. If we cannot resolve it, you and Fliovoy agree to resolve any dispute arising from or relating to the Service or these Terms through final, binding, individual arbitration, except as 18.4 and 18.5 provide. The Federal Arbitration Act governs this Section 18.
18.3 Rules and costs. The American Arbitration Association ("AAA") will administer the arbitration under its Consumer Arbitration Rules. For claims under $10,000, you may choose to proceed by documents only, by phone or video, or in person in the county where you live. We will pay all AAA filing, administration and arbitrator fees for claims under $10,000 unless the arbitrator finds your claim frivolous. The arbitrator may award the same individual relief a court could.
18.4 Small claims. Either of us may bring an individual claim in small-claims court in the county where you live or in New Castle County, Delaware, if it qualifies.
18.5 Exceptions. Either of us may go to court to stop infringement or misuse of intellectual property. You may also report us to any government agency.
18.6 No class actions. YOU AND FLIOVOY MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims of more than one person. If a court decides this 18.6 is unenforceable for a particular claim or remedy, that claim or remedy (and only that one) goes to court, after the arbitration of any other claims is finished.
18.7 Mass filings. If 25 or more similar demands are filed against Fliovoy by or with the help of the same law firm or organization, the AAA's Mass Arbitration Supplementary Rules apply, and the parties will select batches of cases to proceed while the rest wait, so that everyone's claims move forward.
18.8 30-day opt-out. You may opt out of this Section 18 by emailing jay@fliovoy.com within 30 days after you first accept these Terms, with the subject "Arbitration opt-out" and your name and account email. Opting out does not affect any other part of these Terms.
18.9 Time limit. To the extent the law allows, you must bring a claim within one year after it arises, or it is barred.
18.10 Changes. If we change this Section 18, you may reject the change by emailing us within 30 days of the change. Rejecting it means the version you last accepted continues to apply.
Delaware law governs these Terms, without regard to conflict-of-law rules, except that the Federal Arbitration Act governs Section 18. Consumer-protection laws of the state where you live still protect you where they cannot be waived. For any claim that goes to court under these Terms, you and we agree to the courts in New Castle County, Delaware, unless the law of your state gives you the right to sue where you live.
20.1 These Terms, our Privacy Policy, our Cookie Policy and anything you agree to when you set up a Trip or membership are the whole agreement between you and us about the Service.
20.2 If a court or arbitrator finds part of these Terms unenforceable, the rest stays in effect.
20.3 If we do not enforce a right, we have not waived it.
20.4 You may not transfer your rights under these Terms. We may transfer ours as part of a merger, acquisition or sale of assets, and the new owner must honor these Terms.
20.5 Neither of us is liable for failures caused by events outside our reasonable control, such as airline or payment-network outages, natural disasters or government action. This does not excuse our obligation to refund money we owe you.
20.6 Headings are for convenience only.
Fliovoy, LLC
131 12th Ave N #233
Nashville, TN 37203
jay@fliovoy.com