Welcome to the SMS Terms and Conditions ("SMS Terms") for Global Flights Guide. By opting in to receive text messages from or on behalf of Global Flights Guide, you agree to these SMS Terms, as well as Global Flights Guide's Terms of Use and Privacy Policy. These documents are incorporated herein by reference and can be accessed at globalflightsguide.com. References to "Global Flights Guide," "we," "us," and "the Company" mean Global Flights Guide and its subsidiaries, divisions, or affiliates.

IMPORTANT : THESE SMS TERMS CONTAIN AN ARBITRATION CLAUSE WITH A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS. BY AGREEING TO THESE SMS TERMS, YOU CONSENT TO THIS ARBITRATION PROVISION. IN ARBITRATION, THERE IS NO JUDGE OR JURY, AND DISCOVERY AND APPELLATE REVIEW ARE LIMITED. PLEASE READ THESE TERMS CAREFULLY.

Opting In for SMS Updates

By opting in to any Global Flights Guide text program, you consent to receive recurring marketing and informational text messages that may be sent using an automatic telephone dialing system. This consent applies to the phone number you provide to Global Flights Guide. You may receive transactional, operational, or informational text messages, such as order confirmations and flight information. Note that not all mobile carriers support our messaging service. Consent to receive texts is not a condition of purchasing any goods or services. All text messages may be sent using automated technology.

How to opt In

To opt in to Global Flights Guide’s text messaging programs, you must provide your phone number through our online form, during the checkout process, or by any other means as specified by Global Flights Guide. When you opt in, you agree to receive texts related to your interactions with Global Flights Guide, including but not limited to, promotions, updates, reminders, and other relevant information.

Types of Messages

When you opt in, you may receive several types of messages from Global Flights Guide:

1. Promotional Messages: These messages may include special offers, discounts, and other marketing communications.

2. Transactional Messages: These include order confirmations, payment receipts, and shipping notifications.

3. Informational Messages: These could involve updates about our services, new features, and other important notices.

Frequency of Messages:The frequency of text messages you receive from Global Flights Guide will vary depending on your interactions with us and the specific programs you have opted into. On average, you may receive between 1 to 5 messages per week, but this can change based on promotional periods or other factors.

How to opt Out and Get Help

To stop receiving text messages from Global Flights Guide, reply STOP to the number sending the message. After you send STOP, you may receive one additional message confirming your opt-out request. Processing your opt-out request may take some time, during which you may still receive messages. If you opt out of one text messaging program, you will remain opted into others unless you opt out of each one separately. For assistance, text HELP to the number sending the message or contact customer service at help@globalflightsguide.com.

Detailed Opt-Out Instructions

1. Reply STOP: You can reply STOP to any text message you receive from us to stop receiving messages from that specific number.

2. Unsubscribe Link: Some messages may contain an unsubscribe link. Clicking this link will direct you to a webpage where you can manage your subscriptions.

3. Customer Service: Contact our customer service team directly via email or phone if you encounter any issues while trying to opt out.

What Happens When You opt Out

After you opt out, you will no longer receive messages from the specific text messaging program you opted out of. However, you might still receive messages from other programs you have subscribed to unless you opt out of those as well. Please allow a few days for your opt-out request to be fully processed.

Charges

Message and data rates may apply for any messages sent to you from Global Flights Guide, and for messages you send to us. For questions about your text plan or data plan, contact your wireless provider. Charges will vary based on your carrier and plan. Global Flights Guide is not responsible for any charges incurred from your mobile carrier as a result of our SMS program.

Understanding Your Plan

Different mobile carriers have different rates and plans for SMS messaging. It’s important to understand your specific plan and any potential costs associated with receiving text messages. If you are unsure, we recommend contacting your mobile carrier for clarification.

Phone Number Modification

By opting into our text messaging programs or providing your phone number, you confirm that you are at least 18 years old and the current subscriber or authorized user of the phone number. You must not send messages to any phone number without authorization. If you change, forfeit, or deactivate your phone number, notify Global Flights Guide immediately. Failure to do so is a material breach of these SMS Terms and the Terms of Use. Mobile carriers are not liable for delayed or undelivered messages.

How to Update Your Phone Number

Account Settings: Log into your Global Flights Guide account and update your phone number in your account settings.

Customer Service: Contact customer service to update your phone number. Ensure you provide your old and new phone numbers to facilitate the update.

Email Notification: You may also update your phone number by sending an email to help@globalflightsguide.com with your updated contact information.

Mandatory Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY: It significantly affects your legal rights, including your right to file a lawsuit in court and to have a jury hear your claims. It includes procedures for mandatory pre-dispute resolution, binding arbitration, and a class action waiver.

Mandatory dispute resolution is a contractual clause requiring parties to resolve disputes through specific processes before pursuing litigation. This mechanism includes pre-dispute resolution processes, binding arbitration, and class action waivers. Designed to streamline conflict resolution and reduce litigation costs, mandatory dispute resolution clauses have become prevalent in consumer agreements, employment contracts, and commercial transactions. This comprehensive examination of mandatory dispute resolution will cover its key components, advantages, criticisms, legal framework, and practical considerations.

Key Components

Pre-Dispute Resolution Process : Pre-dispute resolution processes typically involve informal negotiations between parties to resolve conflicts without third-party intervention. This step aims to foster communication and find mutually agreeable solutions before escalating the dispute.

Notice of Dispute: The initiating party must provide a written notice detailing the nature of the dispute, including relevant facts, involved parties, and the desired resolution.

Negotiation Period: A specified period (usually 30 to 60 days) during which parties negotiate in good faith to resolve the dispute. This period allows for open dialogue and potential settlement without legal action.

Binding Arbitration: Binding arbitration is an alternative dispute resolution (ADR) method where a neutral third party, the arbitrator, hears the dispute and makes a binding decision. This process is less formal than court litigation and can be faster and less expensive.

Arbitration Agreement: A clause within the contract that mandates arbitration as the exclusive dispute resolution method. This agreement typically outlines the arbitration rules, procedures, and the arbitrator selection process.

Arbitration Rules: Commonly used rules include those from the American Arbitration Association (AAA) or Judicial Arbitration Mediation Services (JAMS). These rules govern the arbitration process, including evidence submission, hearing procedures, and award issuance.

Arbitrator's Role: The arbitrator acts as the judge and jury, evaluating evidence, hearing testimonies, and rendering a binding decision. Unlike a court ruling, arbitration decisions are generally final and subject to limited judicial review.

Class Action Waiver

A class action waiver is a provision that prevents parties from initiating or participating in class action lawsuits. Instead, each party must resolve their disputes individually through arbitration or other specified means.

Individual Claims: Parties are required to pursue their claims independently, which can limit the scope of potential recovery and reduce the likelihood of collective legal action.

Impact on Consumers: Class action waivers can deter consumers from pursuing small-value claims due to the cost and effort involved in individual arbitration.

Advantages of Mandatory Dispute Resolution

Cost-Effective

Arbitration can be significantly cheaper than litigation due to reduced legal fees, shorter resolution times, and streamlined procedures.

Lower Legal Fees: Parties often incur lower legal fees in arbitration, as the process is generally less complex and time-consuming than court litigation.

Reduced Discovery Costs: Arbitration typically involves limited discovery, reducing the costs associated with evidence gathering and document production.

Speed and Efficiency

Arbitration tends to be faster than traditional court litigation, with disputes often resolved within months rather than years.

Faster Resolution: The arbitration process is designed to expedite dispute resolution, avoiding lengthy court schedules and procedural delays.

Efficient Procedures: Arbitration rules and procedures are streamlined, allowing for quicker hearings and decision-making.

Confidentiality

Arbitration proceedings are private, protecting sensitive information from public disclosure and maintaining the confidentiality of the dispute.

Private Hearings: Arbitration hearings are not open to the public, ensuring that the details of the dispute remain confidential.

Sealed Records: Arbitration records and awards are typically not filed with the court, preventing public access to sensitive information.

Expertise of Arbitrators

Parties can select arbitrators with specific expertise relevant to the dispute, ensuring knowledgeable and informed decision-making.

Specialized Knowledge: Arbitrators with industry-specific expertise can provide more informed decisions based on their understanding of the subject matter.

Custom Arbitrator Selection: Parties have the flexibility to choose arbitrators with the appropriate background and experience to address the particular issues in dispute.

Criticisms of Mandatory Dispute Resolution

Perceived Bias

Critics argue that arbitration can favor businesses over individuals, especially when arbitration clauses are included in consumer or employment contracts drafted by companies.

Imbalance of Power: Large corporations often have more resources and influence in the arbitration process, potentially disadvantaging individual claimants.

Arbitrator Dependency: Arbitrators who frequently work with specific companies may be perceived as biased in favor of those companies to secure future arbitration appointments.

Limited Discovery

The restricted discovery process in arbitration can disadvantage parties needing extensive evidence to support their claims.

Insufficient Evidence Gathering: Limited discovery can hinder a party's ability to obtain crucial evidence, potentially affecting the outcome of the dispute.

Unequal Access to Information: Parties with more resources may have better access to relevant information, creating an imbalance in the arbitration process.

Lack of Appeal

Arbitration decisions are final and binding, with limited grounds for appeal, potentially leaving parties without recourse if they disagree with the outcome.

Finality of Decisions: The binding nature of arbitration awards means that parties have limited options for challenging or appealing the arbitrator's decision.

Judicial Review Constraints: Courts typically uphold arbitration awards unless there is evidence of fraud, bias, or a significant procedural error.

Class Action Waivers and Consumer Rights

Class action waivers can prevent consumers from banding together to address widespread issues, limiting their ability to hold companies accountable.

Barrier to Collective Action: Class action waivers restrict consumers' ability to pursue collective legal action, which can be crucial for addressing systemic issues or widespread harm.

- Deterrence of Small Claims: The effort and cost of individual arbitration can discourage consumers from pursuing small-value claims, allowing companies to avoid accountability for minor but widespread issues.

Legal Framework and Enforcement

Federal Arbitration Act (FAA)

The FAA governs arbitration agreements in the United States, establishing their enforceability and providing a legal framework for arbitration.

Enforcement of Arbitration Agreements: The FAA mandates that courts enforce arbitration agreements according to their terms, reinforcing the validity of mandatory arbitration clauses.

Pre-emption of State Laws: The FAA pre-empts state laws that conflict with its provisions, ensuring a uniform approach to arbitration across the country.

State Legislation and Regulation

While the FAA pre-empts conflicting state laws, some states have enacted legislation to protect consumers and employees in the context of mandatory arbitration.

State-Level Protections: Certain states have implemented measures to enhance transparency, fairness, and accessibility in the arbitration process, particularly for consumers and employees.

Balancing Federal and State Interests: State regulations must navigate the balance between protecting individual rights and complying with the FAA's preemption doctrine.

Practical Considerations for Businesses and Consumers

Drafting Arbitration Clauses

Businesses must carefully draft arbitration clauses to ensure their enforceability and fairness, considering factors such as clear language, mutuality, and scope.

Clear and Conspicuous Language: Arbitration clauses should be clearly written and prominently displayed in the contract to ensure that parties are aware of their rights and obligations.

Mutual Obligations: Arbitration agreements should impose mutual obligations on both parties, avoiding terms that disproportionately favor one side.

Informed Consent :Consumers and employees should be fully informed about the implications of mandatory arbitration and class action waivers before agreeing to such terms.

Transparency and Disclosure: Businesses should provide clear information about the arbitration process, including potential costs, procedures, and the implications of waiving the right to litigation and class actions.

Opportunity to Opt-Out: Offering an opt-out provision within a reasonable time frame can enhance the fairness and acceptability of mandatory arbitration agreements.

Arbitrator Selection and Process

The selection of arbitrators and the arbitration process should be transparent and fair, ensuring impartiality and expertise.

Neutral Arbitrator Selection: Parties should have a say in selecting neutral arbitrators with relevant expertise, avoiding potential biases.

Fair Procedures: The arbitration process should include fair procedures for evidence submission, hearings, and decision-making, ensuring a balanced and just resolution.

Cost Considerations: The costs associated with arbitration should be reasonable and not prohibitively high for individuals, ensuring access to dispute resolution.

Cost Allocation: Arbitration agreements should outline the allocation of costs, ensuring that one party does not bear an unfair financial burden.

Fee Waivers and Reductions: Providing fee waivers or reductions for individuals with limited financial means can enhance access to arbitration.

Mandatory dispute resolution offers a streamlined and cost-effective alternative to traditional litigation, benefiting both businesses and consumers through faster resolution, reduced costs, and confidentiality. However, the perceived bias, limited discovery, and lack of appeal associated with arbitration, along with the impact of class action waivers on consumer rights, present significant challenges. The legal framework established by the Federal Arbitration Act and judicial interpretations reinforce the enforceability of arbitration agreements, while state legislation and regulation aim to balance fairness and accessibility. Businesses and consumers must navigate these complexities, ensuring informed consent, fair procedures, and reasonable costs in the arbitration process. By addressing these considerations, mandatory dispute resolution can serve as an effective and equitable mechanism for resolving disputes.

Changes to the SMS Terms

Global Flights Guide may update these SMS Terms at any time without prior notice. By continuing to receive text messages from us or providing your phone number, you agree to any changes. It is your responsibility to review these terms periodically to ensure you remain informed about any updates.

Notification of Changes

If we make significant changes to these SMS Terms, we will notify you by email or text message. Continued use of our text messaging services after changes are made indicates your acceptance of the new terms.

Queries

For questions about these SMS Terms or Global Flights Guide's text messages, text "HELP" to +1-000-000-0000 or email help@globalflightsguide.com. Our customer service team is available to assist you with any concerns or inquiries.