Air mobility as you've always imagined it.

These Terms of Service govern the use of and access to the applications, websites, content, products and services (“Services”) made available globally, including the national territory of the Republic of Brazil, the United States of America, the European Union and Latin America by the company Voe MTX, incorporated under CNPJ 77453389/0001-55.

By agreeing to these Terms, your access to and use of the Services establishes a contract between Voe MTX and you (the “USER”). If you do not agree to these Terms, you may no longer access or use the Services. These Terms supersede any prior agreement between Voe MTX and you. Voe MTX may terminate this agreement or the Services immediately, discontinue the Services or deny access to the Services at any time in its sole discretion. Voe MTX may change the Terms from time to time by posting an update to the Terms and changing the usage policies.

Your access after this publication will be considered as acceptance of the conditions established by Voe MTX.

For more information, see our website at www.voemtx.com.br.

SERVICES

The services offered by Voe MTX are a technological platform that allows users to contract and plan transportation and/or logistics services with supplier companies registered by Voe MTX, the so-called “Air Operators”. By agreeing to the terms described in the contract, the user expresses full consent to the services offered by Voe MTX. Voe MTX does not provide transportation or logistics services to third parties, it only connects interested parties, the customer and the Air Operator. The user is responsible for choosing the transportation and complying with the baggage allowance previously established by the Air Operator. Excess baggage will not be allowed, nor will excess baggage allowances be charged, for safety reasons. The user must show up 15 minutes before each departure, under penalty of cancellation or loss if sharing the same service with other people. It will not be possible to wait for delays. Users must inform the airline operator if they will be taking animals with them, whose transportation will depend on the express authorization of the airline operator, which may refuse transportation at its sole discretion, with the exception of dogs trained to lead visually impaired people (guide dogs). The user may not carry firearms or dangerous articles in accordance with the rules of the civil aviation authorities (ANAC, DGAC, FAA, EASA and others) for the transportation of baggage. If the user cannot find a desired flight to a particular destination, they can request a new (“chartered”) flight and offer the service to other people potentially interested in the service. Voe MTX has no liability to the user or the flight made by the aircraft used to transport passengers or cargo. Voe MTX declares that air operators hold all the registrations required by law. Voe MTX is an information technology company and does not provide products or services directly to users.
INSURANCE, LIABILITY AND LICENSES
Voe MTX ensures that the AIRCRAFT OPERATORS have all the necessary authorizations, permits, approvals and certifications from federal, state and other regulatory agencies, including ANAC, for the execution of this contract, as well as their CHETA certificates, which are valid and up to date, observing all the requirements and laws necessary to keep their certificates in order.

The AIRCRAFT OPERATOR is responsible for the aircraft at all times and maintains operational control over the commencement, continuation, conduct and termination of the operation of the aircraft at all times. If the safety of the flight is threatened, in the opinion of the OPERATOR, he may terminate the flight or refuse to commence it without any subsequent or incidental liability for loss, injury, damage or delay arising from such termination or refusal.

All aircraft must have civil liability insurance appropriate to the category of registration. The air operator is responsible for providing this insurance to users, including passengers, to cover bodily injury and damage to third parties, for a minimum amount of R$1,000,000.00. Voe MTX is not responsible for this service. It only ensures that air operators have the necessary insurance.

USE LICENSE

You may use the Voe MTX app on your own personal device for personal, non-commercial use, subject to the terms of this agreement.

RESTRICTIONS

The user may not remove or copy the services. Nor may you reproduce, modify, distribute, license, sublicense, resell, transfer, publish or exploit the services in any other way.

PROPERTY

The services are the property of Voe MTX and the user has no rights except those granted in this agreement.

USER LICENSE

To use the services, the user needs to create an account with personal information such as name, e-mail address and cell phone number, as well as a password. The user is responsible for keeping the account information up to date and keeping the password confidential.

SALES

Air ticket purchases can be made via the Voe MTX app or via the website www.voemtx.com.br. Offline purchases must include a valid e-mail address in order to receive a reservation. It is important that the user receives the e-ticket in their registered e-mail to confirm their trip. Air ticket purchases for scheduled and pre-scheduled flights by Voe MTX can be made up to 2 hours before departure.

MANDATORY STOPS

All flights contracted by the USER may have stopovers and technical stops that are mandatory to fulfill the entire mission. This information may be available on the Voe MTX website, in the app and in the booking before take-off.

Voe MTX’s shared services may include a mandatory stopover in the cities of Paraty, Ubatuba or Rio de Janeiro for flights to/from Angra dos Reis Airport. For flights to/from Paraty Airport, Voe MTX’s shared services may include a mandatory stopover in the cities of Angra dos Reis or Ubatuba.

Voe MTX will do its utmost to inform customers of possible stops before take-off.

AGENCIES

Voe MTX authorizes corporate and leisure travel agencies (“AGENCY”) to promote and sell shared flights and charters within the national territory. The AGENCY is responsible for selling Voe MTX’s airline tickets and charters and will receive a commission to be paid by Voe MTX.

The AGENCY is responsible for reimbursing Voe MTX for the amounts identified below:

• Application of incorrect tariffs;
• “Chargerback”: When the credit card holder disputes and does not authorize the expenses expressed on the statement sent by the bank issuing the credit card, either because the purchase was not made or because of fraud due to cloning;
• Wrong charges;
• Unauthorized discounts;
• Any other event not provided for in this Agreement, which results in an incorrect amount being charged due to the actions of the AGENCY.

PAYMENT METHODS

Payments for airline tickets purchased will be made by credit card (VISA, ELO, MASTERCARD, AMEX, ALELO and DINERS), the details of which will be provided at the time of purchase of the airline ticket(s) on the Voe MTX app or www.voemtx.com.br. When invoiced, payment can also be made by bank slip or transfer/deposit into a current account.

Payment for tickets purchased using the USER’s credit card will comply with the payment method and expiration dates of the credit card itself.

Payment, when due by bank slip or transfer / deposit in a current account, must be made by the due date, under penalty of a fine of 2% (two percent) on the overdue amount, plus interest of 0.033% (zero point zero thirty-three percent) per day and monetary correction by the IPCA-IBGE.

Voe MTX makes it possible to pay for tickets by credit card through companies specializing in financial services (payment gateways). Voe MTX is not responsible for the privacy policy of this service, so we recommend that you check it regularly. We do not store your credit card or bank account details: these are the responsibility of our payment gateway.

<h3installment payments

On the Voe MTX website, you can pay by credit card using VISA, ELO and MASTERCARD. Credit card installments allow the user to pay for items in an order over a set period of time. Voe MTX offers payment in up to 3 installments with interest of 1.99-4.00% p.m., according to the amounts available in the app for each purchase. Once payment has been completed, it is not possible to change the payment method or installment plan.

PAYMENT FOR CHARTER FLIGHTS

For chartered flights, the charter amount must be paid by TED bank transfer due on the date specified in the Charter Contract. As soon as the flight is confirmed, the user automatically grants authorization for billing. Billing will take place after the flight has ended. Additional amounts may be charged if the route is changed, or if additional services are hired that were not included in the requested quote.

FISCAL NOTE

Voe MTX will submit an invoice for each charter or shared flight contracted.

BILLING

Voe MTX will make the sale for subsequent payment, through invoicing, in accordance with the credit limit approved for each user or agency. The company will calculate all amounts due and issue the respective invoices, due in 15 (fifteen) days from the date the calculation is closed. The invoice issued will be sent automatically to the e-mail address registered by the user for payment. In the event that the communication is not received by the end of the fortnight, the user or agency should contact Voe MTX at [email protected] to avoid penalties for non-payment.

Purchases with invoicing and subsequent payment, under the terms of this clause, will be suspended whenever the user/agency is in default for more than 30 (thirty) days in relation to any amount.

FRAUD AND CHARGEBACKS

Voe MTX will not be held responsible for any fraud or chargebacks. The use of the application or website with the intention of fraud, either by a user or by the airline operator, will be punishable under the terms of the legislation in force.

USER BEHAVIOR

The Services are only available to persons over the age of 18. You may not allow third parties to use your account, nor may you allow minors to use the Services, unless they are accompanied by you.

The airline operator is responsible for checking whether the user is accompanied by minors and requiring the appropriate authorization from the parents or judicial authority.

The user may not assign or transfer their account to third parties and must comply with the law when using the services. In some situations, Voe MTX may ask the user to provide proof of identity in order to access the services. If the user refuses to provide the data, access may be denied.

TEXT MESSAGES AND E-MAIL

The user agrees to receive text messages, including USSD and e-mail, with information about the services.

DEVICES

The user is responsible for having access to a network to use the Voe MTX application and website, and for acquiring compatible equipment. Voe MTX does not guarantee that the services will be available or will function correctly if there are failures in the communication system or Internet access.

APP AND WEBSITE

The Voe MTX app and the website www.voemtx.com.br specialize in optimizing the hiring of air cab services. Voe MTX is not affiliated with any association of civil aviation companies or pilots and acts as an intermediary between users and registered air operators. Users can register for free and find trips that meet their specifications. Air operators can register directly by sending the necessary documents to [email protected], but Voe MTX will carry out an expert assessment before approving them.

INTERRUPTION AND INCONSISTENCY OF THE APPLICATION AND WEBSITE

Voe MTX does not guarantee that the application and website will be available uninterruptedly or error-free at all times. Voe MTX is not liable for damages caused to users due to interruptions in the application or website. The user agrees that Voe MTX shall not be liable for any damage or loss caused to their mobile device or other electronic equipment as a result of using the application or website.

RATES, CANCELLATION AND RETURN POLICY

Rates vary according to the helicopter/plane chosen and are displayed in the app and on www.voemtx.com.br. The cost of transportation will be charged according to the reservation made and the cancellation and return policy.

Transportation will be confirmed to the user via the app/website or by email/sms. In the event of problems with the online payment system, a boleto will be issued to complete the payment.

The cancellation and return policy is as follows:

• Cancellation 7 days before transportation: 100% refund of the amount blocked on the credit card.
• Cancellation 6 days before transportation: 100% of the amount blocked.
• Any day: if the pilot or air cab operator cancels the flight, there will be no charge. If the flight does not take place due to bad weather, Voe MTX must arrange new transportation with the air cab operator within 6 hours or arrange a commercial flight.

Requests to change the route will incur a fine of 50% of the transport price. The route cannot be changed on the day of transportation (D0), under penalty of paying the full amount of the transportation plus a 50% fine for the change.

LIMITATION OF LIABILITY

VOE MTX does not provide air cab services, but acts as an intermediary to facilitate scheduling. By accepting the services, you acknowledge that VOE MTX only facilitates contact between you and the chosen air cab company, and that the contracting of the services is direct between the parties.

You acknowledge and agree that:

1. VOE MTX cannot be held responsible for the actions and omissions of other users or air cab companies, including losses arising from any event, discussion or failure to fulfill the obligations assumed between the parties;
2. VOE MTX is not responsible for lost, damaged or forgotten items on the plane or helicopter;
3. you use the application/website at your own risk and must exercise good judgment in all transactions.

VOE MTX is not responsible for errors caused by you, such as entering the wrong race price and approving payment. You are solely responsible for this process.

VOE MTX IS NOT RESPONSIBLE FOR LOSS OR DAMAGE CAUSED TO THE USER DUE TO: (i) ACCESS TO OR USE OF THE SERVICES; OR (ii) TRANSACTIONS BETWEEN THE USER AND THE AIRTAX COMPANY. VOE MTX IS NOT RESPONSIBLE FOR DELAYS OR FAILURES IN THE SERVICES PROVIDED BY THE AIR CAB COMPANIES REGISTERED IN THE SYSTEM.

INDEMNIFICATION

You agree to indemnify and hold VOE MTX, its officers, employees and agents, harmless from any liability for claims, demands, losses, damages and expenses, including litigation, arising out of (i) your use of the services or (ii) your breach of any provision of this agreement.

FORUM

Any doubt or action shall be settled in the Courts of Belo Horizonte.

GENERAL PROVISIONS

You agree that this agreement and its addenda may be automatically assigned by VOE MTX, at its sole discretion, upon 48 hours’ notice to your e-mail address registered to your account.

If you have any questions or suggestions, please send an e-mail to [email protected].

This agreement supersedes any prior agreement between the parties.

Specific Terms of Service for Contracts in Colombia

These Special Terms and Conditions of Service establish the basic rules for contracts between VOE MTX Tecnología S.A.S. (hereinafter “VOE MTX”) and its customers (hereinafter “Customer”).

The Special Terms and Conditions of Service apply to mandate contracts concluded between VOE MTX and the Customer (hereinafter the “Contract”).

This document forms an integral part of the Contract.

1. Definitions

The following terms have the following definition:

Customer: any natural or legal person who carries out any legal business with VOE MTX.

Contract: is the agreement entered into between VOE MTX and the Customer, the purpose of which is to establish the terms and conditions by virtue of which VOE MTX, on behalf of and at the risk and expense of the Customer, undertakes, autonomously and independently, to carry out the steps and formalities necessary for the reservation and/or purchase of flight time availability for a route previously agreed between the parties.

Aviation Company: aviation companies authorized by Civil Aeronautics that provide non-scheduled air transport, corporate aviation and general aviation services.

1. Special Conditions for the Execution of the Contract

By signing the Contract, the Client declares in advance, voluntarily, freely and expressly that he/she is aware of and accepts all the special conditions for the execution of the Contract, as listed below:

• The availability of flight time is subject to confirmation by the Aviation Company, as well as confirmation of payment of the remuneration agreed in favor of VOE MTX in the Contract. In the case of payments by electronic transfer or checks, the availability of flight time will only be confirmed to the Aviation Company once the amount has been cleared from VOE MTX’s account.
• VOE MTX is not responsible for delays, suspensions, interruptions and/or cancellations in the availability of flight schedules due to circumstances of force majeure, unforeseeable circumstances, technical and/or climatic conditions, as well as decisions or any other cause attributable to the Airlines.
• In the event of time being available for unplanned scenic flights or overnight stays, VOE MTX will be informed and the costs incurred will be borne by the Customer.
• The availability of flight time will be subject to the aviation laws in force in Colombia, as well as the terms and conditions adopted by the Aviation Company.
• The airports of origin and destination must be duly authorized by the Civil Aeronautics or by the air operations surveillance and control authority in the case of a country other than Colombia.
• The value of the flight time availability is subject to the fares, extra charges and surcharges determined by the Aviation Company, and VOE MTX shall not assume any surcharges or extra charges to be borne by the Customer in connection with the flight time availability, which shall be borne directly by the Customer or reimbursed to VOE MTX.
• The Customer expressly accepts that the value of the Contract may vary after the end of the available flight time, since during the trip the Airline, due to weather conditions, closed airports, among others, may incur additional costs that must be borne by the Customer.
• The terms and conditions for confirmation of reservations, cancellation, change and suspension of flights, withdrawal, exercise of the right of withdrawal and reversal of payment, compensation and refunds will be subject to the policies established by the Aviation Company for this purpose, which in any case must be in accordance with current Colombian regulations, which is why the Client must assume any penalty, surcharge or sanction arising from their exercise.
• The Customer acknowledges and accepts that during the execution of the flight time availability, for safety reasons, the pilot designated by the Aviation Company will be in command.
• The customer understands and acknowledges that safety and compliance with all aviation regulations are of paramount importance to the Aviation Company, therefore, if the Aviation Company finds that conditions at the destination airport are unsuitable for safe use, or if landing is prohibited by law, regulation or meteorological or operational conditions, the Aviation Company may transfer the destination airport to the nearest airport where suitable technical and meteorological conditions are met.
• Policies on baggage, transportation of minors, pregnant women, pets, passengers with mental or cognitive disabilities and services on board aircraft will be subject to the policies established by the airline, which in any case must comply with current Colombian regulations.

1. Personal data

Considering that the conclusion and execution of this Contract may require the collection, use or processing of some of the Client’s personal data, the Client declares that he/she has read, knows and accepts the content of VOE MTX’s Personal Data Processing Policy, and expressly authorizes VOE MTX to incorporate the personal data provided to him/her into its databases, in accordance with the terms of said Processing Policy and the purposes stated therein, as well as its transmission to third parties.

1. Miscellaneous Conditions

Partial nullity: The Parties agree that the illegality, invalidity, unenforceability or any similar legal sanction affecting the validity or enforceability of any provision of this Contract shall not affect the validity or enforceability of the remaining provisions of this Contract. In any event, in the event of the occurrence of any of the aforementioned legal sanctions, the Parties undertake in good faith to find mechanisms that allow them, as far as possible and in accordance with the applicable rules, to comply with the objectives initially sought in the clause or provision that would have been affected in its validity or application;

Waivers: The Parties agree that the failure or delay in exercising any right, power or privilege of either Party shall not be construed as a waiver or relinquishment of, or consent to a modification of, the terms and conditions of the Agreement;

Modifications: Any modifications or additions to the Contract shall be made in writing and shall be deemed to have been made once the Parties have signed the relevant document;

Contractual domicile: For all legal purposes, the Parties determine as their contractual domicile the city of Bogotá D.C., Colombia;

Notices and Communications: Any notice or communication required or permitted under this Agreement shall be in writing, delivered personally or by mail or e-mail to the addresses indicated next to the respective signatures of the Parties. Communications shall be deemed to have been received (i) on the business day following their dispatch, if delivery was made in person; (ii) on the third business day following their dispatch by post, if dispatch was made by registered letter or similar with acknowledgement of receipt; and (iii) on the next business day, if by e-mail, provided that a confirmation of receipt has been obtained from the sender’s machine or that satisfactory evidential means exist to show that the message was received.