Terms and conditions
PRODUCTS AND SERVICES
- These terms and conditions (these “Terms“) apply to the purchase of world class catering and concierge services from Air Culinaire Worldwide, LLC (referred to as “ACW“, “us“, “we“, or “our” as the context may require) to meet the needs of passengers and crews of private aircraft.
- Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you We reserve the right to decline your purchase for any reason. If a purchase if declined, you will receive a refund of any money paid by you.
Client orders that are cancelled in a written, including electronic, format will be reviewed in a timely manner by Air Culinaire to determine if Client will incur charges. Client is aware that Client’s catering orders are scheduled, prepared and delivered based upon complexity of order, request for specialty items, time of day, weather, delivery distance and special events.
Air Culinaire will work with Client to determine a specific timeframe for cancelling orders that minimizes both parties’ costs and adheres to published food safety practices. A standard cancellation policy of twenty-four (24) hours prior to Air Culinaire’s planned delivery time is agreed to by both parties. More notice may be required for special events, due to the high volume and earlier procurement of items. Items procured for Client that are not standard and that are to be considered special order will be charged to Client if the order is cancelled. Non-standard items are defined herein as: Client requested restaurant pick ups, sushi orders, specialty off menu requests and any other non-stock items that require special ordering or shopping.
Air Culinaire will adhere to Client’s delivery time policy of two (2) hours and report back to Client electronically (via email) actual delivery time, location and person accepting the catering order. In the event that Client’s requested delivery time is not operationally feasible for valid reasons, Client agrees to allow Air Culinaire the flexibility in determining delivery time. Air Culinaire agrees to inform Client at the time the order is placed if Client’s requested delivery time is not operationally feasible.
- Third Parties; Delivery of Product or Service. The products and services will either be provided by ACW or a third party provider with whom ACW has set up to provide catering services. You will receive the products or services in accordance with the time set forth in your order confirmation email or as otherwise agreed between ACW and you.
- Prices and Payment Terms.
- Your credit card will be charged when processed through the website. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Posted prices do not include taxes, airport concession fees, FBO commissions, or any delivery fees . All such taxes and charges will be added to your merchandise total, and will be itemized in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. Air Culinaire Worldwide, LLC will process the payment.
- Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept American Express, Visa and MasterCard for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
- Warranty and Disclaimers.
ALL PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
- Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND (D) HOW YOU INTEND TO USE THE PRODUCT OR SERVICES. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES. The limitation of liability set forth above shall not apply to liability resulting from our gross negligence or willful misconduct.
- Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rul Any disputes arising out of or relating to these Terms shall be resolved in the federal or state courts located in Tampa, Florida.
- Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 9 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
- No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of ACW.
- To You. We may provide any notice to you under these Terms by sending a message to the email address you provide. Notices sent by email will be effective when we send the email. It is your responsibility to keep your email address current.
- To Us. To give us notice under these Terms, you must contact us as follows: (i) by email to Sales-ACW@airculinaire.com; or (ii) by personal delivery, overnight courier, or registered or certified mail to Air Culinaire Worldwide, LLC, 5830 West Cypress Street, Suite B&C, Tampa, FL 33607. A copy of any notice must be sent to firstname.lastname@example.org. Notices provided by personal delivery will be effective immediately. Notices provided by email shall be effective upon receipt of a confirmation email. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
- Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
- Refund and Cancelation Policy. ACW’s cancelation policy can be found at https://www.airculinaireworldwide.com/cancelation-policy/. Refunds may be offered within the first thirty days of your purchase. If thirty days have passed since your purchase, refunds cannot be guaranteed. To request a refund, please email email@example.com.
Effective Date: August 26, 2022
DATA WE COLLECT
We collect personal data from you directly and from third parties. We collect personal data directly from you when you fill out any online or hard-copy forms including for account applications, credit applications, our online flight planning and data link tool, our crew member identification card program, training and educational programs, airport data licensing, surveys and promotion entries, event registrations, and other registrations and web forms, or otherwise when you communicate with us via blog posts or online comments, or by telephone, email, postal mail, or facsimile.
In some cases, we may also collect certain personal data from third parties such as credit reporting agencies, airlines and travel agencies, companies that monitor Specially Designated Nationals lists and our other business customers and partners.
We also collect personal data when you visit or use our websites, mobile application and products
or services. This personal data may include information about your device and usage such as your
operating system, browser, geographical location, IP address, and page views and clicks.
USE OF YOUR DATA AND LEGAL BASIS FOR PROCESSING
We use your data:
- for the purposes for which you provided it to us (e.g., to process your credit application, create your user account, process requests in our flight planning tool, register you for programs and events, promotions, or newsletters, or provide you products and services that you have ordered, as applicable);
- to respond to your inquiries and communications to us;
- to improve, maintain, and operate our websites and our products and services;
- to fulfill our obligations under our customer contracts (e.g., to provide flight planning services, trip support services, in-flight catering services, or other logistics services pursuant to our customer contracts);
- to inform you about products and services in which you may be interested, if you have consented to such communications;
- to screen you against lists of people, organizations and vessels with which certain countries are prohibited from doing business; and
- to comply with statutory and regulatory requirements, including responding to lawful requests for information by governmental authorities.
Universal uses “cookies” to obtain certain types of data when your web browser accesses our website. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser to enable our system to recognize your browser, to provide various types of functionality, to better understand how you interact with our website, to monitor aggregate usage, and to optimize web traffic routing on our website. The “help” portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether.
Certain areas or features of the website may not be available or fully-functional if you choose to disable cookies.
DISCLOSURE OF YOUR DATA
We do not sell your personal data to any third parties. We may share your personal data as needed to fulfill the purposes described in the “USE OF YOUR DATA” section above, including:
- with our suppliers and vendors to provide goods and services you have requested;
- with our vendors in order to improve the services;
- with global trip support providers to provide additional services to you;
- with our service providers, such as credit agencies, companies that monitor Specially Designated Nationals lists and technical or customer support providers, who use the data on our behalf; and
- as necessary in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
We require such third parties to take reasonable security measures to protect your personal data, and third parties are instructed not to use your data other than pursuant to our instructions or as stated in our contract. We remain liable for protection of your personal data in case of any onward transfer to third parties, subject to any terms in our contract with you.
DATA CONTROLLER AND DATA PROCESSOR
When we use your data for our own purposes, we act as the data controller, as that term is used in applicable privacy laws, for any personal data that we collect from you. When we collect data from or on behalf of our customers (e.g., charter aircraft operators, corporate aviation departments), those customers are the data controller for and we are the data processor. If we are acting as the
data processor, we will only process the relevant data in accordance with instructions from the data controller.
DATA RETENTION, ACCESS, CORRECTION, DELETION AND PORTABILITY
Universal may retain your data so long as we can reasonably foresee the data may be required in connection with our business relationship with you. In some cases, we will retain the data for a longer period as necessary to comply with our legal obligations, follow records retention policies, resolve disputes, and enforce our agreements.
EUROPEAN AND SWISS RESIDENTS
Universal Weather and Aviation, LLC, Air Culinaire Worldwide, LLC, Universal Private Transport, LLC, Air2Ground Concierge, LLC, Universal Drivania Ground Transportation, LLC, Universal Airways, Inc. and Universal Mission Support Company, LLC (collectively, the “Universal Entities”) are based in the United States, and personal data collected by the Universal Entities worldwide (including within the EU and Switzerland) may be transferred to the United States, India, Brazil, the United Kingdom, Hong Kong or any location in the world that is necessary to facilitate a trip for you. By using the Universal Entities’ services or submitting personal data to the Universal Entities, you consent to the transmission of your information outside your own country.
The Universal Entities rely upon Article 46(2)(d) (the Standard Contractual Clauses) or Article 49(1)(b) (necessity for the performance of a contract) as the legal basis for the transfer of personal data to a third country.
You have the right to lodge an inquiry or compliant with a supervisory authority in your member
CALIFORNIA PRIVACY RIGHTS
We do not sell your personal information to third parties. California law entitles California residents to certain additional protections regarding personal information. For purposes of this section alone, “personal information” means any information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household. California residents have the right to request:
- information regarding your personal information we have collected in the past 12 months (including the categories of personal information we have collected, the categories of sources of such information, and the purposes for which we have collected such
- notice of whether we have disclosed your personal information to third parties in the past 12 months (and if so, what categories of information we have disclosed, and what categories of third parties we have disclosed it to);
- a copy of your personal information collected by us in the past 12 months; and
- that your personal information be deleted.
We will not discriminate against you if you choose to exercise any of these rights. To make any of the above requests, please contact us as set forth at the end of this policy. We may require verification of your identity before further processing your request. In certain instances, we may be permitted by law to decline some or all of such request.
Universal is very concerned with safeguarding your personal data. The integrity and availability of your personal data are critical to the provision of superior products and services to you. We employ administrative, physical, procedural, and technological measures designed to protect your data from unauthorized access or alteration and loss or misuse. We have implemented a multilayered approach to protect electronic information through a comprehensive Information Technology (IT) Security program. Our IT Security program is designed to safeguard electronic information by proactively providing leadership and support for areas related to network security, system security, risk assessment, remediation tracking, and adherence to security compliance mandates. Universal employees work as a team so that information is protected against unintentional disclosure and are guided by compliance objectives, standard operating procedures, and acceptable usage policies.
TRANSFER OF BUSINESS
Universal Weather and Aviation, LLC
Attn: Legal Department and Data Protection Officer
1150 Gemini Street
Houston, Texas 77058
Phone (North America): +1 (800) 793-1295
Phone (Other): +1 (713)-947-5576
Biometric Data Defined
As used in this policy, biometric data includes information collected by timeclocks and software that use finger and/or hand scan technology, which potentially may include “biometric identifiers” and “biometric information” as defined in the Illinois Biometric Information Privacy Act, 740 ILCS § 14/1, et seq.
“Biometric identifiers” means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. “Biometric information” means any information, regardless of how it is captured, converted, stored, or shared, based on an individual’s biometric identifier used to identify an individual.
Purpose for Collection of Biometric Data
The Company and/or its vendors collect, store, and use biometric data solely for employee identification, time-keeping, fraud prevention, and pre-employment hiring purposes.
Disclosure and Authorization
To the extent that the Company and/or its vendors collect, capture, or otherwise obtain biometric data relating to an employee, the Company will:
- Inform the employee in writing that the Company and/or its vendors are collecting, capturing, or otherwise obtaining the employee’s biometric data, and that the Company may provide such biometric data to its vendors;
- Inform the employee in writing of the specific purpose and length of time for which the employee’s biometric data is being collected, stored, and used; and
- Receive a written release signed by the employee authorizing the Company and/or its vendors to collect, store, and use the employee’s biometric data for the specific purposes disclosed by the Company, and for the Company to provide such biometric data to its vendors.
The Company and its vendors will not sell, lease, trade, or otherwise profit from employees’ biometric data; provided however, that the Company’s vendors may be paid for products or services that they provide to the Company that use biometric data.
The Company will not disclose or disseminate any biometric data to anyone other than its vendors providing products and services using biometric without/unless:
- First obtaining written employee (or the employee’s legal representative) consent to such disclosure or dissemination;
- The disclosed data completes a financial transaction requested or authorized by the employee (or the employee’s legal representative);
- Federal, state, or local law requires the disclosure; or
- Disclosure is required pursuant to a valid warrant or subpoena issued by a court of competent jurisdiction.
Employee biometric data will be retained until the first of the following occurs:
- The initial purpose for collecting or obtaining such biometric data has been satisfied, such as the termination of the employee’s employment with the Company, or the employee moves to a role within the Company for which biometric data is not used; or
- Within 1 year of the employee’s last interaction with the Company.
When the first of these events occurs, the Company will cause the employee biometric data to be permanently destroyed.
The Company shall use a reasonable standard of care to store, transmit, and protect from disclosure any paper or electronic biometric data stored. Such storage, transmission, and protection from disclosure shall be performed in a manner that is the same as or more protective than the manner in which the Company stores, transmits, and protects from disclosure other confidential and sensitive information, including personal information that can be used to uniquely identify an individual or an individual’s account or property, such as genetic markers, genetic testing information, account numbers, PINs, driver’s license numbers, and social security numbers.