EmptyHangar.com

By using the information, tools, features and functionality located on Empty Hangar.com you agree to be bound by this agreement, whether you are a "Visitor" (which means that you simply browse the EmptyHangar website), you are an "Account Holder" (which means that you have registered with EmptyHangar), you are a "Nightly Service Provider", or you are a "Member" (which means you are a Member of the Hangar Exchange Network), the term "you" or "user" refers to a Visitor, an Account Holder, a Nightly Service Provider, or a Member. If you wish to become an Account Holder or a Member, communicate with other Nightly Service Providers or Members, and make use of the Service, you must read this agreement and indicate your acceptance during the registration process.

All users agree to hold harmless Empty Hangar, LLC for any liability resulting from the use of this website and associated services.

Definitions

The following terms are used throughout the website and in this document,
which states the terms and conditions of EmptyHangar's use.

User: any person, company, entity, or organization that utilizes the website in any capacity and/or the coordination services of Empty Hangar.

Account Holder: any user who has a user name and password.

Aircraft Operator: any person, company, entity, or organization that owns, leases, operates, pilots, schedules, or otherwise controls the operations of an aircraft.

Hangar Keeper: any person, company, entity, or organization that maintains, is charged with the care or management of, owns, or is otherwise responsible for a hangar or a portion of a hangar.

Member: Account Holder that utilizes Empty Hangar for the purpose of participating in the Hangar Exchange Network whereby Members exchange hangars with other Members. Members are required to be either Aircraft Operators or Hangar Keepers, and may be both.

Exchange: Also called Hangar Exchange, this is the act by which a Hangar Keeper makes his hangar available for the use of a Member for the purpose of storing that Member's aircraft. There are no financial transactions between Members and Hangar Keepers participating in an exchange.

Hangar Exchange Network: the collective group of Members whose hangars are listed in the Empty Hangar database as willing to participate in exchange.

Credits: Credits are required to utilize the booking/reservation software of the Hangar Exchange Network. Credits are debited from the Aircraft Operators membership account. Hangar Keepers earn credits (which can be used for hangar exchange, but may not be redeemed for cash) when allowing a member to utilize their hangar. It is not necessary to purchase credits, but credits are required to reserve an available Exchange Network hangar. A Member may earn Credits by completing an Exchange where another Member utilizes their hangar as part of the Hangar Exchange Network.

Nightly Service Provider (NSP): any person, company, entity, or organization who is by definition a hangar keeper AND has the legal right to lease, sublease, or rent in whole or in part their hangar for monetary compensation.

Rental: Also referred to as "Nightly Rental" is the act by which a Nightly Service Provider, in consideration for use of their hangar space, charges a nightly fee for aircraft storage. The NSP thereby rents their hangar or portion thereof to an Aircraft Operator for a period of time confirmed during booking with Empty Hangar for an established rental rate in US dollars per night.

Insurance

Empty Hangar is a coordination tool only. Empty Hangar makes no guarantees, assertions, or promises as to the condition of an aircraft, hangar, aircraft operator, and or hangar keeper. Empty Hangar, its affiliates, partners, and subsidiaries are under no circumstance liable for any damages or loss that occurs to an aircraft, a hangar, and/or a person who utilizes the services of Empty Hangar.

All users agree to hold harmless Empty Hangar for any damage, real or otherwise, suspected of or occurring while utilizing a hangar coordinated by Empty Hangar.

All Aircraft Operators are required to maintain in good standing an insurance policy relevant to their aircraft and/or hangar. Aircraft operators must maintain a policy that covers the hangar keeper in the event of aircraft operator-caused damage to the hangar.

Each Aircraft Operator is responsible to determine the safety and usability of each hangar.

In the event of a damage claim, Empty Hangar must be notified of the claim, and will furnish both aircraft operator and hangar keeper with all practical information so as each party to the claim may contact the other(s). Any action or litigation to resolve the claim shall be solely the responsibility of the parties involved.

Agreement to the terms and conditions shall be considered an affirmation that the user, whether aircraft operator or hangar keeper, understands the insurance requirements in order to utilize EmptyHangar.com.

Accuracy of Content Displayed on Website

Empty Hangar will make a reasonable effort to verify the accuracy of all data posted by users to the site. However, Empty Hangar is not responsible for inaccurate information or misrepresentations of any kind. If inaccurate data is discovered, Empty Hangar will make every attempt to correct the information. If an Aircraft Operator feels the hangar was misrepresented, dangerous, or otherwise not suitable for use, please contact customerservice@emptyhangar.com for a refund. Empty Hangar will keep a record of such negative remarks and evaluate the removal of the questionable hangar from our database.

Refund Policy

Empty Hangar will offer refunds according to the Cancellation Guidelines listed below, and in cases not described herein, according to the discretion of Empty Hangar.

In the event that a hangar or airplane was misrepresented and the hangar exchange or nightly rental is unable to be completed as scheduled, then all relevant parties will receive full replacement of credits or full monetary refunds for the exchange or rental.

If Empty Hangar receives continued negative feedback about a hangar, a hangar keeper, or an aircraft operator, Empty Hangar reserves the right to remove that user's profile from our database without refund of applicable listing fees, or membership costs paid to Empty Hangar.

Blocks of "credits" are fully refundable, provided the member has not used any of his credits. Only purchased credits can be refunded. Earned credits can not be refunded. To request a credit refund please write to customerservice@emptyhangar.com. All membership credits expire one year after purchase. Earned credits expire one year from date earned.

Period of Exchange, Period of Rentals

Hangar exchanges and nightly rentals are in "whole-day" increments for one (1) twenty-four (24) hour period starting at 1200 local time on the reservation day and continuing to 1159 Local time the next calendar day.

Cancellation Guidelines

We understand that private aviation changes quickly and so do your flight plans. Because both pilot and hangar keeper have "refunds" to sort out in the event of a cancellation, they must be processed through an Empty Hangar customer service representative to ensure proper credits or refunds. Our staff can alter your existing reservation to fit your needs, and can ensure a proper adjustment to your reservation and billing information.

Transient Pilots: Cancellation notices received more than twenty-four (24) hours before a reservation is set to begin, at 1200 local time, will be fully refunded for exchange-credits/cash (depending on reservation method). Cancellations received less than twenty-four (24) hours prior to 1200 local time on the day of the reservation start-date will be charged for the first day of the reservation.

Reservations made for periods longer than 3 days are non refundable, unless the hangar keeper is able to fill the space with a near-equivalent reservation. Such cancellations will be handled on a case-by case-basis.

Hangar Keepers: if an member cancels his reservation at least twenty-four hours (24) before it is set to begin, Empty Hangar will re-list your hangar. If the cancellation happens within twenty-four hours (24) of the reservation start date, Empty Hangar will credit your account at least one day, and in the case of lengthy reservations, may offer you additional credits at our discretion. If the hangar keeper cancels the reservation, Empty Hangar will credit or refund the pilot appropriately. Empty Hangar may, at its discretion, limit or remove a hangar keeper from our service.

Cancellations which involve shortening an original reservation that has already been partially used will be processed by Empty Hangar on a case-by-case basis.

Privacy Policy, Use of Personal / Corporate Information

You can view our entire privacy policy here.

Financial Information / Credit Card Processing

Empty Hangar does not maintain records of any credit card information on our servers. All financial transactions are processed through JP Morgan Chase Bank, N.A. Each credit card transaction is a one-time transaction.

Distribution of Funds (Nightly Service Providers only)

Nightly Service Providers will receive monthly distribution checks via US Mail by default. Nightly Service Providers preferring to receive distributions electronically may receive ACH payments. NSP's must send a letter to:

Empty Hangar
4465 Northpark Dr., Suite 304
Colorado Springs, CO 80907

The letter must contain the NSP name, supporting bank name and address, account number, and routing number. Empty Hangar will maintain records in our office of NSP's financial information solely for the purpose of distributing funds.

Right to Deny Access to Website or Services

Empty Hangar reserves the right to restrict or prohibit access to or use of the website and associated services if such restriction or prohibition is deemed relevant to the reputation, solidarity, and or functionality of the website. If access is restricted or prohibited, Empty Hangar will make a reasonable effort to notify the user why such action was taken.