This Customer Terms of Service Agreement ("Agreement") is between you ("Customer," "you," or "your")
and BidPounce (A Tradename of Nene Aviation LLC) ("BidPounce," "we," "us," or "our"). BidPounce operates an online marketplace
that connects travelers with local tour, activity, and transportation providers ("Vendors" or "Operators").
1. How BidPounce Works
BidPounce is a reverse marketplace. You tell us what you want to pay per seat,
and Vendors compete to win your business.
- Post a request – tell us your group size, preferred airport, duration, doors preference, and the price you are willing to pay per seat. You must provide a valid credit card, which will be saved for payment.
- Receive offers – Vendors will send you offers with a specific tour time, helicopter type, included sights, and any special perks.
- Accept the best offer – once you accept, your credit card will be charged immediately for the full tour price plus a 3% processing fee.
💰 IMPORTANT: A 3% processing fee is added to your total at checkout. This fee is non-refundable except in approved cancellation scenarios.
2. Payment & Charges
Your card is charged immediately when you accept an offer. BidPounce collects payment on behalf of the Vendor.
📝 What You Pay:
- Tour Price: The amount you agreed to pay per seat, multiplied by the number of passengers.
- Processing Fee: 3% of the tour price (added at checkout).
Total Charged = Tour Price + 3% Processing Fee
After your card is charged, you will receive a booking confirmation email with your voucher number
and all tour details.
3. Cancellation & Refund Policy
❌ YOU CANNOT CANCEL
Once you accept an offer, you cannot cancel for any reason. You are committed to the booking.
✅ IF THE OPERATOR CANCELS:
You will receive a full refund of your tour price plus the 3% processing fee. No further action is needed from you.
4. ID Requirement – All Passengers Must Have ID
🆔 ALL PASSENGERS MUST PRESENT VALID GOVERNMENT-ISSUED ID AT CHECK-IN
The person whose credit card is saved on BidPounce AND all other passengers flying must present a valid government-issued ID at check-in.
If any passenger fails to present a valid ID at check-in, they will not be permitted to fly
and no refund will be issued for that passenger or the group. No exceptions.
5. Reschedule Policy
If the Vendor requests to reschedule your tour:
- The Vendor must communicate with you BEFORE submitting a reschedule request.
- You will receive a reschedule request in your dashboard.
- You may accept the new time. If a new time can not be agreed upon, the flight can be canceled for a refund.
- If the Vendor cannot accommodate the original time and you do not accept the reschedule, the Vendor may cancel the booking.
- If the Vendor cancels, you will receive a full refund of your tour price plus the 3% processing fee.
You may not unilaterally reschedule a booking. Any changes must be initiated by the Vendor.
6. Weight & Health Requirements
- Weight: You must provide accurate weights for all passengers at the time of posting a request. This includes the passenger's body weight PLUS clothing, shoes, jackets, bags, cameras, and any other items being brought on the flight (Flight Weight). Vendors may have you step on a scale prior to being permitted to load.
- If your actual total weight (Flight Weight) at check‑in exceeds the weight you declared, you may be denied boarding with no refund.
- Infants & Children: Passengers under 24 months may sit on a lap only if the operator approves AND the flight is a doors-ON experience. Passengers 24 months or older cannot sit on a lap and require their own seat per federal regulations.
- You confirm that no passenger has scuba dived within 24 hours prior to the flight (potentially more for decompression dives with required stops).
- You confirm that no passenger is in their third trimester of pregnancy.
- You confirm that no passenger is under the influance of any illegal drugs or inebriated.
- Dental work, recent surgery, or other medical conditions may affect your ability to fly – you assume all risk.
7. No-Show Policy
🚫 NO REFUND FOR NO-SHOWS
If you fail to show up for your confirmed tour, you will NOT receive a refund.
Your card has already been charged, and no refund will be issued for any reason if you do not attend.
Many operators require you to arrive a minimum of 30-60 minutes in advance.
8. Vendor Independence
Vendors are independent contractors, not employees or agents of BidPounce.
BidPounce does not operate, control, or supervise any Vendor’s aircraft, vehicles, equipment, or personnel.
You are contracting directly with the Vendor for the tour or activity. BidPounce is merely the payment facilitator.
9. Operator Disclosure
✈️ Your tour will be provided by one of our qualified operator partners.
The specific operator name may not be disclosed until after you accept an offer. Before accepting, you will be shown a list of potential operators in our network.
10. Limitation of Liability
To the fullest extent permitted by law, BidPounce’s total liability to you arising from your use of the platform
shall not exceed the total amount you actually paid to BidPounce for the specific booking in dispute.
BidPounce is not liable for any injuries, damages, losses, or delays that occur during any tour or activity.
All activities are at your own risk. BidPounce is not liable for any Vendor cancellations, delays, operational issues, or actions.
11. Passenger Conduct & Safety
⚠️ YOU ARE RESPONSIBLE FOR YOUR ACTIONS
You agree to follow all safety instructions provided by the pilot, crew, or Vendor representatives at all times.
- No unsafe actions: You agree NOT to interfere with the operation of the aircraft, vehicle, or vessel, including but not limited to: sticking any object (including selfie sticks, phones, cameras, or body parts) outside the aircraft, touching controls, distracting the pilot, or violating any safety regulation.
- Follow all instructions: You must obey all verbal and written safety briefings, including restrictions on doors, windows, seat belts, and movement in or outside the aircraft.
- You assume all risk: Helicopter, airplane, boat, and adventure tours involve inherent risks. You voluntarily assume all risks of injury, death, or property damage arising from your participation.
- Liability for damage: You are fully liable for any damage to the aircraft, vehicle, equipment, or injury to others caused by your negligent, reckless, intentional or intentional actions.
- Removal from flight: The Vendor may refuse service or remove any passenger who violates safety rules, appears intoxicated, or poses a safety risk. No refund will be issued.
12. Indemnification
You agree to indemnify, defend, and hold harmless BidPounce LLC, its members, managers, employees, affiliates, partners, and Vendors from any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising out of or relating to:
- Your violation of any safety rule or instruction provided by the Vendor or BidPounce.
- Your negligent, reckless, unintentional or intentional acts or omissions during the tour or activity.
- Any damage you cause to the Vendor's aircraft, vehicle, equipment, or property.
- Any injury or death you cause to other passengers, crew, or third parties.
- Your breach of this Agreement.
13. Passenger Removal & Disruption Policy
✈️ The pilot has final authority to terminate any flight or remove any passenger for safety reasons.
This includes, but is not limited to: intoxication, drug use, threatening behavior, refusal to follow safety instructions, or any action that endangers the flight.
What happens if a passenger causes a flight to be cut short or cancelled:
Medical Emergency
- Medical emergency, or genuine health concern.
- No penalty to you.
Misconduct
- Drugs, alcohol, threats, violence, intentional disruption.
- You are fully liable for the cost of all seats on the tour.
- Your account may be permanently banned.
- No refund will be issued.
14. Governing Law & Dispute Resolution
This Agreement is governed by the laws of the State of Hawaii.
Any dispute arising from this Agreement or your use of BidPounce shall be resolved by
binding arbitration in Honolulu County, Hawaii, under the rules of the American Arbitration Association.
Each party waives its right to a jury trial and agrees that any arbitration shall be conducted on an individual basis only.
No class or representative proceedings aif re permitted.
15. Chargebacks & Payment Disputes
⚠️ DO NOT DISPUTE VALID CHARGES
If you dispute a valid charge with your financial institution (chargeback) and BidPounce wins the dispute, you may be subject to:
- Immediate suspension or termination of your BidPounce account
- Legal action to recover the amount owed plus all collection costs and attorney's fees
If you believe a charge was made in error, please contact info@bidpounce.com BEFORE filing a chargeback.
We will work with you to resolve the issue.
16. Changes to These Terms
We reserve the right to change these terms at any time. Your continued use of BidPounce after any change constitutes your acceptance of the new terms.
17. Contact Us
If you have any questions about these terms, please contact us at:
info@bidpounce.com
Last updated: June 7, 2026