Terms and conditions

This Term of Use presents the “General Conditions” applicable to the use of the services offered by HELIANGELUS ADMINISTRACAO DE AERONAVES EIRELI – ME, a legal person under private law, registered with CNPJ under No. 20.362.062/0001-50, hereinafter referred to as “Hagaero”, including services within the website www.hagaero.com or www.hagaero.com.br.

Anyone, hereinafter referred to as "User", who intends to use Hagaero's services must accept this Term of Use, and all other policies and principles that govern it. USE OF THE WEBSITE AND ITS SERVICES ASSUMES ACCEPTANCE OF THIS TERMS OF USE.

The User must read, make sure he/she has understood and accepted all the conditions established in the Terms of Use, when accessing the Website, as well as in the other documents incorporated by reference, before registering as a Hagaero User.

The user can contact Hagaero through the email contato@hagaero.com.br or the Whatsapp application (21) 96756-0314.

The user agrees that to be aware of important information related to his account and maintain communication with the company, the registered email address will be the communication channel used by Hagaero.

PRINCIPLE OF RESPECT FOR CUSTOMERS AND USERS

Hagaero's principle of acting in the physical and virtual environments is to respect the User, always acting in accordance with the provisions of the Consumer Protection and Defense Code (Federal Law No. 8078/90), of the Marco Civil da Internet (Federal Law No. 12965/14) and the other rules regarding the sale of products in an electronic environment.

• 1. OBJECT
  • 1.1. The service object of this Term of Use, consists of making available to Users in an organized way, directly or indirectly registered on the website, offers for the acquisition of services from Hagaero's partner companies.
  • 1.2. Hagaero does not provide the services disclosed on the website, the services offered are sold through third-party companies.
  • 1.3. All Partner companies registered with Hagaero are audited through public documentation issued by ANAC (National Civil Aviation Agency), to validate whether the respective Partners have the authorizations of the regulatory body to operate as an Air Charter company;
  • 1.4. Hagaero's function is to organize, disseminate and broker the offers of Partners on the website, so that it is possible to choose the desired flight and make the payment online, without the need to make telephone contact.
  • 1.5. The terms and conditions of the services are all established or carried out directly by the Partners. We rely on the help of users to evaluate our Partners so that the level of satisfaction is maintained.
  • 1.6. When purchasing a service through the Website, the User declares to have adhered to the terms of the Terms of Use, referring to the payment, provision of the purchased service and the term of validity of these.
  • 1.7. Hagaero is only a Marketplace, therefore it IS NOT AN AIR CHARTER COMPANY AND DOES NOT OWN AIRCRAFTS, IS NOT THE OWNER OF THE SERVICES OFFERED BY THE PARTNERS AND DOES NOT KEEP THE POSSESSION OF THEM OR PERFORM THE SERVICES IN THEIR BEHALF. However, it is available, through its Customer service channels, to mediate any necessary communication with the Partner and take the necessary steps to resolve any inconvenience.
  • 1.8. Hagaero uses cookies to facilitate use and better adapt the site to the user's interests. Cookies can also be used to help speed up your future activities and experiences on our Page. We also use cookies to compile anonymous and aggregated statistics that allow us to understand how people use our Site and to help us improve its structures and content.
  • 1.9. The User agrees to indemnify, defend and exempt Hagaero from any claim, notification, subpoena or judicial or extrajudicial action, or any liability, damage, cost or expense arising from any violation and/or infringement committed by the User or any person acting on their behalf, with their consent or tolerance, in relation to the Site (including with respect to any provision of these Terms of Use), including anyone who has obtained User data related to their Access Account or their navigation on the Site. Hagaero may, in its sole discretion, block, restrict, disable or prevent any User from accessing the Site, in whole or in part, without any prior notice, whenever improper conduct by the User is detected, without prejudice to administrative, extrajudicial and judicial measures that it deems convenient.
• 2. WEBSITE REGISTRATION
  • 2.1. Hagaero's services are only available to people who have the legal capacity to hire them. Thus, people who do not have this ability, including minors, cannot use them.
  • 2.2. The license for the right of use is limited and is non-exclusive, non-customizable and incessant, and must be used on computers or smartphones under your control and only serves to facilitate the purchase of services related to Air Charter activities..
  • 2.3. The Access Account will be defined by a credential, registered with a username (login) and password, personal and non-transferable, which allows access to the restricted area and the exclusive functionalities of the Site, such as accessing and changing personal data, monitoring, modifying and canceling purchases, editing and removing information, among others.
  • 2.4. Under no circumstances will the assignment, sale, rent or other forms of account transfer be permitted. It will also not be allowed to maintain more than one registration by the same person or the creation of new registrations by people whose original registrations have been canceled due to violations of Hagaero's Terms of Use or Privacy Policy. In all these cases, Hagaero reserves the right to delete all existing accounts of the offending User.
  • 2.5. Only the registration of the interested party who completes all the registration fields will be confirmed. The future User must complete it with accurate, precise and true information, and undertakes to update personal data whenever changes occur in them.
  • 2.6. Hagaero is not responsible for the correction of personal data entered by its Users. Users guarantee and respond, in any case, for the veracity, accuracy, and authenticity of the registered personal data.
  • 2.7. The User will access his account through e-mail and password and undertakes not to disclose this data to third parties, being fully responsible for the use made of them.
  • 2.8. The User undertakes to notify Hagaero immediately, and through secure means, of any unauthorized use of his account, as well as unauthorized access by third parties to it. The User will be solely responsible for the operations carried out on his account, since access to it will only be possible by entering the password, the knowledge of which is exclusive to the User;
  • 2.9. Hagaero has a specific policy to regulate the collection, storage and use of personal data, as well as its security: Privacy Policy. This specific policy inseparably integrates these Terms of Use, noting that the data on the use of the Site will be filed under the terms of the legislation in force.
• 3. SUSPENSION
  • 3.1. If there is a need, for any reason, to check a User's registration data and it is found that there is incorrect or untrue data, or even if the User refrains or refuses to send the documents required for the conference, Hagaero may cancel, definitively or not, the User's registration, without prejudice to other measures that it deems necessary and opportune.
  • 3.2. Hagaero may IMMEDIATELY SUSPEND the availability of all the functionalities of the User's account if it suspects that its activities are directly or indirectly illegal, offensive, harmful or fraudulent, or if it suspects that the registration on the website is being used to commit transgression, violation or crime.
  • 3.3. Hagaero may IMMEDIATELY SUSPEND the User's account if it finds that the information used to perform the registration is illegitimate or unfounded, leading the Partner company to be deceived when providing the service, not giving the User the right to compensation.
• 4. TEXT MESSAGES
  • 4.1. Informative text messages (SMS) may be sent to the cell phone registered on the Site. Probable subjects dealt with by this instrument are: flight conditions, commander's name, registration, and model of the aircraft, as well as a warning to not be late or even information about the requested aircraft takeoff.
• 5. OBLIGATIONS OF USERS
  • 5.1. When purchasing any service through the website, the purchasing User declares to be aware of the service provision conditions published on the website, at the time of purchase.
  • 5.2. The acquiring User, after manifesting himself for the acquisition of the flight, is obliged to present himself at least 20 (twenty) minutes in advance at the departure place;
  • 5.3. The acquiring User is aware that, if the flight is booked and does not show up, the service will be considered used, not allowing the user any kind of indemnity.
  • 5.4. If the weather conditions are not favorable on the day of the flight, or if the company identifies that any question may compromise the well-being of the flight, for safety reasons, the flight may be rescheduled.
  • 5.5. The User undertakes to use the Site respecting and observing these Terms of Use, as well as the current legislation, customs, and public order. Accordingly, the User agrees that he will not be able to:
    • (i) harm the rights of third parties, regardless of their nature, at any time, including during the use of the Site;
    • (ii) perform acts that limit or prevent access and use of the Site, under appropriate conditions, to other Users;
    • (iii) illicitly accessing the Site or systems likely to cause damage of any kind, including to third party equipment and computer systems related to the Site www.hagaero.com.br or www.hagaero.com, in any way or form;
    • (iv) disseminate computer programs or viruses on the Site www.hagaero.com.br or www.hagaero.com or third parties;
    • (v) use mechanisms other than those expressly enabled or recommended on the Site to obtain information, content, and services;
    • (vi) perform any acts that in any way may imply any damage to the Site www.hagaero.com.br or www.hagaero.com or other Users;
    • (vii) access programming areas of the Site, databases or any other set of information that escapes the public or restricted areas of the Site;
    • (viii) perform or permit reverse engineering, translate, modify, alter the language, compile, decompile, modify, reproduce, rent, sublease, disclose, transmit, distribute, use or, otherwise, have the Site or the tools and features made available on it in any way or form, including in a manner that violates Hagaero's rights (including Hagaero's Intellectual Property and/or third parties);
    • (ix) practice or participate in any act that constitutes a violation of any right of Hagaero (including Hagaero's Intellectual Property) or third parties or any applicable law, or act in any way or manner that may contribute to such violation;
    • (x) interfere with the security or commit misuse against the Site or any connected system, network or service resource or that may be accessed through the Site, and you must access the Site only for lawful and authorized purposes;
    • (xi) use the domain www.hagaero.com.br or www.hagaero.com to create links or shortcuts to be made available in unsolicited emails (spam messages) or on websites of third parties or the User himself, or even to perform any type of action that may harm Hagaero or third parties;
    • (xii) use automated data collection and selection applications to perform mass operations or for any purpose, or to collect and transfer any data that may be extracted from the Site for purposes that are not permitted or unlawful;
    • (xiii) use the Site's tools and features to disseminate messages unrelated to the Site or the purposes of the Site, including racist, ethnic, political, religious, cultural or disparaging, defamatory and/or libelous messages from any person or social group.
• 6. CHANGES AND CANCELLATIONS
  • 6.1. For operational reasons, Partner companies may make changes to flights, which will be duly communicated to the user in advance.
  • 6.2. The User can change the reservation or cancel the purchase made at any time, as long as the date for the flight is greater than 24 (twenty-four) hours, otherwise, he is aware that there will be charges and fines, following the ANAC rules.
  • 6.3. For alteration or cancellation of the services acquired motivated by the User, the user agrees with the following criteria:
    • RETURN RULES PERIOD
      • More than 24 hours before the flight: User requests cancellation, receives 100% refund of the amount paid.
      • Between 24 hours and 6 hours before the flight: User requests cancellation, receives 50% refund of the amount paid.
      • Less than 6 hours for flight: User requests cancellation, there is no refund of the amount paid.
  • 6.4. Hagaero will request, after the cancellation request requested by the user, the refund of the value of the purchased flight, respecting the rules established in item 6.3. The term of the effective return of the amount will depend on the payment method adopted and the terms existing with financial intermediaries and credit card operators.
  • 6.5. In the case of flights that have used the bank billet, Hagaero will require, after the cancellation request by the user, that the user inform his bank details to effect the refund, respecting the rules established in item 6.3.
  • 6.6. In the event of failure to provide the service or cancellation of the service, Hagaero will be able to reimburse the purchasing Users, after analyzing each case. Such cases will be communicated through the customer service channels, where two refund options will be presented, at the User's sole discretion: in the refund of the amount or credit in the amount paid for use on the website, for the term communicated at the time of the user's option.
  • 6.7. The request for refund of the amount paid will be made immediately by Hagaero, however, the term for the effective return of the amount will depend on the form of payment adopted and the existing terms before the financial intermediaries and credit card operators.
  • 6.8. If the user purchases a service and has not used it due to a no-show at the scheduled time (at the show), Hagaero will not be obliged to reimburse the amount.
• 7. COPYRIGHT
  • 7.1. The structure of the Hagaero website, as well as the texts, graphics, images, photographs, sounds, videos and other computer applications that comprise it are the property of the publisher and are protected by Brazilian and international legislation regarding intellectual property.
  • 7.2. The website, including its functionalities, as well as the code, architecture, implementation, and its visual appearance, are Hagaero's intellectual property and cannot be copied, assigned, duplicated, reproduced, plagiarized or pirated, under penalty of facing suitable civil and criminal measures.
  • 7.3. Hagaero is a registered trademark and any distinctive signs of ownership and/or licensed to Hagaero, which are used to identify the Site, its content or the service provided by Hagaero. The policies that complement and integrate these Terms of Use and the Privacy Policy, all available on the Site, are Hagaero's Intellectual Property. All intellectual property assets owned by Hagaero, of any company belonging to its economic group, or even of a third party, whose use is licensed and/or authorized by Hagaero, including but not limited to Trademarks, patents, inventions or utility models, industrial designs, know-how, business secrets, illustrations, photographs and/or content on any screen on the Site or any intellectual works or other content that are included in any intellectual work or any asset protected by copyright.
• 8. PRIVACY OF INFORMATION
  • 8.1. Hagaero will take all possible measures to maintain the confidentiality and security described in this clause, but will not be liable for damages that may be derived from the violation of these measures by third parties using public networks or the internet, subverting security systems to access User information.
  • 8.2. For additional information on Hagaero's Privacy Policy, the User can access the link hagaero.com.br/politica-de-privácia or obtain information through contato@hagaero.com.br.
• 9. VIOLATION IN THE SYSTEM OR DATABASE
  • 9.1. The use of any device, software, or other resources that may interfere with Hagaero's activities and operations, as well as with publications, descriptions, accounts or databases, is not allowed. Any interference, attempt, or activity that violates or contravenes the laws of intellectual property rights and / or the prohibitions stipulated in this Term of Use, will make the person liable to the pertinent legal actions, as well as the sanctions provided herein, being also responsible for the indemnities for possible damages caused.
• 10. LIMITATION OF LIABILITY
  • 10.1. The User AGREES AND COMMITS TO EXEMPT HAGAERO from any and all judicial and/or administrative proceedings that are brought against the Partner company related to the failures of its activities (since it is solely responsible for what it offers in the market), such as the non-performance of a flight that has been sold, the sale of two flights at the same time, unscheduled maintenance that prevents the flight from happening, hostile treatment or treatment to the passenger or any other condition that happens due to the Air Charter operator's entire and direct fault.
  • 10.2. HAGAERO engages its best efforts to inform, assist and protect the User. The User is solely responsible for the use of the Site, its tools, and features. In no event will HAGAERO or its directors, representatives, agents, employees, stakeholders, partners or service providers be liable for any emergent, indirect, punitive or atoning damage, lost profits or other monetary losses related to any claim, lawsuit or other procedure taken in relation to the use of the Site, its content, features and/or tools. Notably, HAGAERO's liability for the circumstances expressed in the clauses provided for in this chapter is excluded.
  • 10.3. Damages and losses that the User may experience due to the unavailability or partial functioning of the Site and / or all or some of its services, information, content, functionality and / or tools, as well as for the inaccuracy of any of these elements.
  • 10.4. Damages and losses that the User may experience as a result of failures on the Site, including those resulting from failures in the system, server or network connection, or even malicious interactions such as viruses, software that may damage the equipment or access information on the equipment of the User.
• 11. OPERATING RESPONSIBILITIES
  • 11.1. Bearing in mind, also, the impossibility of full and uninterrupted operation of any telecommunication or computer system, including due to the dependence on telecommunications services provided by third parties, Hagaero does not guarantee the provision of the service in an uninterrupted and/or error-free manner. Eventually, the system may not be available for technical reasons or internet failures, or any other fortuitous or force majeure event beyond Hagaero's control.
  • 11.2. Hagaero is not the owner of the services and is not responsible for the quality of the services offered. Therefore, it does not intervene in the provision of services, acting as a Marketplace.
• 12. MODIFICATIONS TO THE TERMS OF USE
  • 12.1. Hagaero may change this Term of Use at any time, with a view to update and improve the services provided. The new Term of Use will come into effect as of its publication on the website. Within 24 (twenty-four) hours counted from the publication of the changes, the User must communicate by e-mail if he does not agree with the amended Term of Use. In this case, the contractual link will cease to exist, as long as there are no open accounts or debts in the User's name. If there is no manifestation within the stipulated period, it will be understood that the User has tacitly accepted the new Term of Use and the contract will continue to bind the parties.
  • 12.2. The changes will not be effective in relation to the purchase of services already started at the time the same changes are published. For these, the Term of Use will be valid with the previous wording.
• 13. DURATION
  • 13.1. These Terms of Use and Privacy Policies have an indefinite duration and will remain in effect as long as the Site is active. The applicable wording is that of the update immediately prior to accessing or contracting the services. In the same way, the access and use of the Site and the resources offered by it have, in principle, the duration of the contracted services with fixed values and indefinite terms, in the case of withdrawal, it is up to the user to cancel his order. Hagaero reserves, however, the right to suspend and/or cancel, unilaterally and at any time, access to the Site or some of its parts or some of its resources, without the need for prior notice making the refund if it is the right of the member.
• 14. THE FORUM
  • 14.1. Rio de Janeiro District court is elected to settle any dispute arising from this contract.