The Terms and Conditions below are effective for all users
Last Updated on April 2, 2018
Hangar Overnight, LLC doing business as HangarIt.com
User Terms and Conditions
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.HangarIt.com and/or www.hangarit.info websites and the HangarIt mobile application (together, or individually, the "Service") operated by Hangar Overnight, LLC, a limited liability company formed under the laws of the state of Kansas, also known as HangarIt (“HangarIt”, “company”, “us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you do not have permission to access the Service.
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us opting out in your user profile settings.
Fees and Payment
We charge a percentage fee of 14% with a minimum of $7.00 USD, as detailed in the website and mobile application. We reserve the right to change our fees at any time without notice prior to each booking confirmation. All fees must be paid through our third-party payment processor(s). Transaction fees paid to HangarIt are non-refundable, except in the sole discretion of HangarIt. Payments to Host (total payment by Renter minus percentage fee to HangarIt) may be refundable, at the sole discretion of HangarIt. Refunds must be administered by the Host if directed by HangarIt. Failure to comply with any refund resolution by HangarIt is grounds for member removal from the website. In the event of non-compliance by a Host, Renters acknowledge it is Renter’s responsibility to dispute payment via www.paypal.com. Your use of this service and payment through the third party constitute your understanding and agreement that we are not responsible for any issues, problems, or losses experienced due to use of their platform. Additionally, you understand and acknowledge that transactions through third-party sites are governed by such sites’ terms and conditions. Hosts can expect to be paid within five (5) business days, although payment capture is often same-day upon booking confirmation. Hosts are responsible for all applicable taxes, including but not limited to completion of Form 1099-MISC and no tax documents will be provided by HangarIt. Offline or cash payments are a violation of our Terms of Service and can result in removal from HangarIt. You'll see which payment methods are available to you on the checkout page, before you submit a booking request. Please see our Cancellation Policy below, which outlines cancellations, no-shows, and refunds, where applicable.
Booking your hangar/rental on HangarIt makes forming agreements and making or receiving payment easy. Once it is booked, we collect the total booking price via our third-party payment processor (www.PayPal.com) HangarIt’s fee is a non-refundable, transaction fee per booking for use of our platform.
If you need to cancel, please review our cancellation policies. We expect our users to honor agreements made through our platform. However, in the event that you must cancel your booking, please follow the procedure outlined below. We are not responsible for inclement weather, mechanical issues, being shut down by authorities, or any other natural or man-made impediment to your event and, as such, are not able to refund transaction fees in such circumstances, Host to Renter refunds (total payment minus HangarIt transaction fees) are bound to the policies outlined in this section
However, we know that sometimes things happen that are beyond your control. Everything from medical emergencies to simple misunderstandings can result in unfortunate cancellations. We try to be as understanding as possible of each person's situation, and in some cases, certain exceptions may be made. These exceptions are solely at HangarIt’s discretion. No previous exceptions have any bearing on future disputes.
Standardized Host Cancellation Policies
Our Hosts can choose between three different cancellation policies that will be a required part of their listing. By creating a listing with the selected policy, the Hosts are agreeing to adhere to those terms advertised on the listing at the time of booking and further agree that such selection is a binding agreement. All references to cancellation times are in relation to check-in time on the listing, as stated at the time of booking. All cancellations, including conversations regarding the status of the booking, must occur through the website.
“Strict” Cancellation Policy allows Renters no refunds after booking confirmation.
“Moderate” Cancellation Policy allows Host to issue refunds for cancellations made up to 72 hours prior to check-in time.
“Flexible” Cancellation Policy allows Host issue refunds for cancellations made up to check-in time.
Cancellation Obligations of Renters
If you are unable to honor an agreement, always let your Host know immediately by cancelling the order and sending a message through the booking thread within your user inbox. This creates a record of your cancellation notice.
If you have canceled the order/rental via appropriate means and are entitled to a refund, as outlined by the Cancellation Policy, the refund should be handled by the Host without HangarIt intervention. If the Host refuses to issue the refund, or is failing to communicate within a reasonable time, please contact HangarIt by emailing admin@HangarIt.com. HangarIt can provide assistance but may refer you to our payment processor’s dispute resolution process as outlined on its website, www.PayPal.com, if a directed refund resolution to the Host is not successful.
Cancellation Obligations of Hosts
If the booking is canceled, the hangar becomes unavailable, or the Renter no longer wishes to use your services, the Host must communicate with the Renter to ensure the order is marked canceled. Any changes after booking confirmation to the terms of the reservation by the Host (such as dates and times) will render the Host’s cancellation policy null and void; unless agreement to new booking terms is accepted by both Host and Renter. The Renter will cancel the booking through their account and, if cancellation policy allows, and the cancellation meets the terms of the policy, a refund by the Host shall be initiated by the Host within 72 hours via their account on www.PayPal.com, minus transaction fees paid to HangarIt. The refund shall be completed within 10 business days from the time the refund was requested, or refund resolution was directed by HangarIt.
If you repeatedly cancel bookings, we reserve the right to remove your profile from HangarIt indefinitely. We want to ensure a positive booking experience for all our users, so we cannot have members on our site that cannot be trusted to honor their agreements.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
The Company has the right but not the obligation to monitor and edit all Content provided by users and reserves the right to suspend and/or terminate the account of anyone found to have violated the Terms.
In addition, Content found on or through this Service are the property of HangarIt
or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
At all times when using or accessing this Service, you agree that:
a. You are solely responsible for the content or information you publish or display (hereinafter, “post”) on the Site or transmit to other members.
b. You will not post on the Site, or transmit to other members or HangarIt employees, any defamatory, inaccurate, abusive, obscene, profane, offensive sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). Please contact us by email if you believe any material contained in the Site does not comply with the foregoing.
c. You will use the Site in a manner consistent with any and all applicable laws and regulations.
d. You will not include in your profile any offensive or sexually suggestive references or post any photographs or other images containing nudity. HangarIt reserves the right, but has no obligation, to remove without warning or refund any profile or photograph or image that does not comply with these prohibitions.
e. You will maintain current contact information on your profile, including at least one main image. We reserve the right to add any image or edit any information at any time.
f. You will not falsify your identity or misrepresent yourself in any way on the Site.
g. You will not “stalk” or otherwise harass any person in any way.
h. You will not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the Site.
i. You will not transmit any chain letters, spam or junk email to other members or to us.
j. You will not express or imply that any statements you make are endorsed by us, without our specific prior written consent.
k. You will not harvest or collect personal information about other members whether or not for commercial purposes, without our written consent.
l. You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, “scrape” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents.
m. You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
n. You will not interfere with or disrupt our services or the Site, or the servers or networks connected to our services or the Site.
o. You will not post html code except where instructed in any area of your profile on this Site.
p. You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any software, hardware or telecommunications equipment.
q. You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
r. You will not “frame” or “mirror” any part of the Site, without our prior written authorization. You also shall not use meta tags or code or other devices containing any reference to our services or the Site in order to direct any person to any other website for any purpose.
s. You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or any software used on or for the Site or cause others to do so.
t. You are solely responsible for your interactions with other members. HangarIt reserves the right, but has no obligation, to monitor disputes between you and other members.
u. Users are required to keep all bookings and their associated communications on the HangarIt platform. We reserve the right to terminate any member account that attempts to complete a booking outside of HangarIt, when that booking has originated from a HangarIt inquiry.
v. HangarIt has the right to temporarily suspend or permanently terminate the account of any member who posts contact information on the site in audio/video samples or messages to prospective clients; with the exception of contact information being exchanged after booking confirmation on the website user inbox for the sole purpose of successfully allowing use of the Host’s property. This contact information includes website URL links and addresses, email links and addresses, and telephone numbers.
w. You will respond fully, truthfully, and within three (3) business days to any request for information or other inquiry from us related to your or another member’s compliance with these Terms.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Hangar Overnight, LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Hangar Overnight, LLC.
Links To Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by HangarIt. Additionally, HangarIt’s platform and payment processing are provided by third-parties, Sharetribe (www.sharetribe.com) and PayPal (www.paypal.com), respectively. We strongly urge our users to review terms and conditions and privacy policies of all third-party providers prior to use. Do not use this Service if you do not agree to the terms and conditions and privacy policies of our third-party partners. The Company has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that HangarIt shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you must delete your user account via your user profile. You may also contact admin@HangarIt.com for assistance.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Hangar Overnight, LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Limitation Of Liability
In no event shall Hangar Overnight, LLC nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Hangar Overnight, LLC, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
By using this Service, you agree that use does not guarantee rental and does not create an agent agreement with HangarIt nor any other user of the Service.
Additionally, HangarIt specifically disclaims all liability arising from the Host/Renter match and/or relationship. As a user of the service, you, whether Renter or Host, specifically acknowledge and agree that the Company is not responsible for the following:
1) User satisfaction with choice of Host;
2) Miscommunication between Renter and Host/user;
3) Host availability;
4) Renter action;
5) Quality of Host;
6) Failure of Renter or Host to adhere to local laws, ordinances, and policies;
7) Renter complaints;
8) Additionally, by using this Service, you agree that HangarIt is not liable for any act or omission of any Renter or Host, including but not limited to, dimensions of hangar, availability and/or quality of amenities, access to the location by third-parties, use or negligence of Renter or Host;
9) Host not providing adequate property insurance to cover damage/loss to Renter’s aircraft and/or property;
10) Renter not securing adequate insurance to cover damage/loss to Host property, other Renter aircraft, or neighboring properties;
11) Hosts and/or Renters ensuring that appropriate measures are taken to maintain compliance with local, state and federal laws;
12) Hosts ensuring rental of their hangar, or hangar space, is in compliance with previous agreements, HOA agreements, or organizational bylaws.
These Terms shall be governed and construed in accordance with the laws of Kansas, United States, without regard to its conflict of law provisions. Any and all lawsuits brought against the Company shall be filed in the federal or state court of competent jurisdiction in Hamilton County, Kansas.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us at:
HangarIt.com is a web service built on the Sharetribe platform. The general terms of Sharetribe below apply also to the use of HangarIt.com
Rights of Content
The users themselves retain the right to all text, pictures and other content that they create in the service. The users allow others to utilize the content in accordance with the nature of the service and furthermore allow the service provider to file information and data and make changes that are necessary for the service or the study, however other rights are not transferred from the users, unless specifically otherwise agreed. The responsibility of the content lies with the user, who has produced it to the service. The service provider has the right to remove any material when it deems it necessary.
No guarantees of the functioning of the Sharetribe service are given. The users are themselves responsible for their actions in the service and they should estimate the reliability of other users before dealing with them. The service provider can under no circumstances be liable for damage that is caused to the user. The user may not store any information or data in the service, and expect it to remain there.
The Removal of a User
The service provider has the right to remove any users from Sharetribe and terminate their right of use of the service without any specific reason and without being liable for compensation.