TERMS
MOTUS Terms and Conditions of Service
Applicable to all quotations, bookings, and use of motusvip.com
Last Updated: August 26, 2026
These Terms and Conditions of Service (“Terms”) govern your access to and use of the MOTUS website, and your request, purchase, authorization, or receipt of travel and related services arranged or coordinated by MOTUS Holdings LLC, a Pennsylvania limited liability company (“MOTUS,” “we,” “us,” or “our”).
By requesting, purchasing, or authorizing services through MOTUS, you agree to these Terms and to any additional terms communicated to you in connection with a particular booking or service. These Terms apply to every quotation, booking, and itinerary unless MOTUS and you have signed a separate written agreement that expressly supersedes them.
PLEASE READ THESE TERMS CAREFULLY. THEY AFFECT YOUR LEGAL RIGHTS. THEY INCLUDE A DISCLAIMER OF WARRANTIES (SECTION 19), A LIMITATION OF MOTUS’S LIABILITY (SECTION 20), AN INDEMNITY IN FAVOR OF MOTUS (SECTION 21), AN ASSUMPTION OF THE INHERENT RISKS OF TRAVEL (SECTION 17), AND AN AGREEMENT TO RESOLVE DISPUTES BY INDIVIDUAL BINDING ARBITRATION AND TO WAIVE CLASS ACTIONS AND JURY TRIALS (SECTION 28). SECTION 28 CONTAINS A 30-DAY RIGHT TO OPT OUT OF ARBITRATION.
1.
These Terms form a binding agreement between MOTUS and each person or entity that visits the MOTUS website, submits an inquiry, requests or receives a quotation, books or pays for services, or travels on services arranged by MOTUS. In these Terms, “you” refers to each of those persons and entities.
You accept these Terms by doing any of the following: submitting an inquiry through the website or by any other channel; accepting a quotation, proposal, or itinerary prepared by MOTUS; authorizing, initiating, or making payment; signing a booking confirmation, charter agreement, or credit card authorization transmitted by MOTUS; or receiving services arranged or coordinated by MOTUS.
The person or entity that books services is responsible for making these Terms available to every traveler in the booking, and represents that each traveler has agreed to them. Section 4 describes that responsibility in more detail.
Independent third-party providers impose their own contract terms, conditions of carriage, charter agreements, rental agreements, house rules, waivers, and cancellation policies. Those terms apply directly between you and the provider. MOTUS is not a party to them and cannot vary them. Section 34 sets out the order of precedence among these Terms, a MOTUS quotation or confirmation, and a provider’s own terms.
If you do not agree to these Terms, do not use the MOTUS website and do not request, authorize, or accept services arranged by MOTUS.
2.
MOTUS is a travel coordination company.
MOTUS assists clients and their authorized representatives with arranging and coordinating travel and related services that may include private aviation, chauffeured ground transportation, accommodations, concierge services, destination experiences, and related travel arrangements.
Unless expressly stated otherwise, the underlying services are provided by independent third-party operators and providers.
MOTUS generally does not own, operate, control, or directly provide the aircraft, vehicles, hotels, villas, yachts, restaurants, guides, venues, or other third-party services coordinated through MOTUS.
Our role. MOTUS acts solely as a coordinator and booking agent for you, the traveler or client, in arranging services supplied by independent third parties. Except where a provider has expressly appointed MOTUS in writing for a specific booking, MOTUS does not act as agent of any provider.
MOTUS is not, and does not hold itself out as, a direct air carrier, indirect air carrier, commercial operator, common or contract carrier, motor carrier, vessel owner or operator, hotel or lodging provider, tour operator, insurer, insurance producer, or provider of any of the underlying travel services. MOTUS does not hold and does not exercise operational control over any aircraft, vessel, or vehicle.
When MOTUS arranges single-entity charter air transportation, MOTUS acts as an air charter broker and as agent for the charterer. MOTUS does not act as an agent for any direct air carrier and is not itself a direct or indirect air carrier. Section 12 describes the disclosures MOTUS provides in connection with charter flights.
The contract for the transportation, accommodation, experience, or other service you receive is formed between you and the provider that performs it. MOTUS’s obligation to you is to exercise reasonable care and skill in arranging and coordinating that service, and not to perform the service itself.
3.
You must be at least 18 years old and legally capable of entering into a binding agreement to purchase or arrange services through MOTUS.
Individual providers may impose additional age, licensing, identification, credit, security, or other eligibility requirements. You and the travelers included in a booking are responsible for satisfying those requirements.
You represent that you are not a person or entity with whom MOTUS is prohibited from dealing under the sanctions and export control laws described in Section 27.
Minors may travel only where the applicable provider permits it and, where required, only when accompanied by a responsible adult who accepts responsibility for them. Unaccompanied minor services are subject to the provider’s own policies and are not guaranteed.
The MOTUS website is intended for adults. MOTUS does not knowingly permit persons under 18 to transact through the website.
4.
Travel advisors, executive assistants, family members, employees, colleagues, or other representatives may communicate with MOTUS and arrange travel on behalf of another traveler when appropriately authorized.
A representative submitting information, approving an itinerary, or authorizing payment represents that they have authority to act in that capacity.
MOTUS may reasonably rely on instructions received from an authorized representative unless informed otherwise.
Client responsibility. The person or entity that requests and authorizes a booking is the “Client” and is primarily responsible for all amounts due in connection with it. The Client and each traveler included in a booking are jointly and severally liable for those amounts and for the obligations in these Terms.
A representative who submits information, approves an itinerary, or authorizes payment represents and warrants that they hold the authority to bind each traveler concerned, that they have provided these Terms and the MOTUS Privacy Policy to each traveler, and that each traveler has agreed to them. The representative indemnifies MOTUS under Section 21 for any claim arising from a lack of that authority.
MOTUS may act on instructions given by email, telephone, or text message by a person who reasonably appears to be authorized, and is not liable for acting in good faith on those instructions. If a representative’s authority is revoked or changes, you must notify MOTUS in writing; the change takes effect only when MOTUS acknowledges it.
Unless you instruct MOTUS otherwise in writing, MOTUS may share itinerary details, traveler names, and logistical information among the Client, the representative, and the travelers in the same booking, and with the providers performing the services.
5.
Submitting an inquiry or requesting a service does not create a confirmed reservation.
Quotes and proposed arrangements are based on information available at the time they are prepared, including provider availability, schedules, pricing, taxes, fees, routing, passenger requirements, and itinerary details.
Although MOTUS endeavors to provide accurate pricing, provider pricing and availability may change before a booking is confirmed.
Validity. Unless a quotation states otherwise, it is valid for twenty-four (24) hours from the time it is issued and remains subject to provider availability at the moment of confirmation. Provider-held options and courtesy holds expire on the terms the provider sets.
Errors. Pricing, availability, aircraft or vehicle descriptions, and itinerary content are drawn from provider systems and provider communications and are occasionally wrong. MOTUS may correct an obvious error in a quotation, invoice, or confirmation, including after a booking is confirmed. If you do not accept the corrected price or description, MOTUS will cancel the affected item and refund amounts it has actually received and can recover for that item, and neither party will have further liability for it.
Quotations are prepared on the basis of the information you supply. Changes to passenger numbers, baggage, timing, routing, departure or arrival points, ground handling, or special requirements may change the price, including after confirmation.
A booking is confirmed only after the applicable provider availability and terms have been established, the client or authorized representative has approved the arrangement, any required payment or authorization has been completed, and MOTUS has communicated confirmation.
6.
The total price presented by MOTUS may include provider charges, taxes, processing costs, service-related charges, and other fees associated with arranging or coordinating the requested services.
Applicable charges will be communicated as part of the quoted or invoiced price before payment.
MOTUS is not required to disclose its internal cost, margin, negotiated provider pricing, supplier compensation, or commercial arrangements with third parties.
Amounts not included. Unless a quotation expressly says otherwise, the price quoted excludes: applicable taxes, including United States federal excise tax and segment fees on air transportation; international departure, arrival, and passenger service charges; customs, immigration, and border handling fees; landing, parking, ramp, hangar, and airport facility charges; de-icing; fuel surcharges; aircraft repositioning and ferry costs; crew duty, overnight, and overtime charges; wait time and hourly overage; tolls, parking, and permits; catering; ground handling; in-flight connectivity; security services; gratuities; and currency conversion or card issuer foreign transaction fees.
Gratuities for crew, chauffeurs, guides, and staff are discretionary unless a quotation states that they are included or that a service charge is mandatory.
Currency. Quotations are in United States dollars unless otherwise stated. Where a provider charges in another currency, the amount you pay may differ from the quoted amount because of exchange rate movement and because of fees applied by your card issuer or bank. Those differences are your responsibility.
How MOTUS is paid. MOTUS is compensated through a combination of service fees charged to you, margin on provider rates, and commissions, rebates, overrides, or other consideration paid to MOTUS by providers. You acknowledge and agree that MOTUS may retain that compensation for its own account, that it may vary by provider and by booking, and that MOTUS is not obliged to disclose its amount or composition except where disclosure is required by law. Nothing in these Terms or in the parties’ dealings creates a fiduciary relationship between MOTUS and you.
For single-entity charter air transportation, MOTUS will disclose the existence of any charter broker fee, together with the other information described in Section 12, in accordance with applicable United States Department of Transportation regulations.
7.
Unless otherwise agreed, clients pay MOTUS for services arranged through MOTUS, and MOTUS is responsible for remitting applicable amounts to the relevant providers.
Payment may be made by the traveler or by an authorized representative, including a travel advisor acting on the traveler’s behalf.
Payments may be processed through third-party payment processors such as Stripe. Your use of those payment services may also be subject to the processor’s applicable terms and privacy practices.
A booking may remain unconfirmed until required payment or payment authorization has been received.
Deposits and prepayment. Many providers, particularly in private aviation, yacht charter, and villa rental, require full prepayment or a substantial non-refundable deposit before a booking is confirmed. Once MOTUS has remitted funds to a provider, recovery of those funds is governed entirely by that provider’s terms.
Service fees. MOTUS’s own service fee is earned when a booking is confirmed and is non-refundable, except where a refund is required by applicable law or expressly agreed by MOTUS in writing.
Payment authorization. You authorize MOTUS to charge the payment method you provide for the quoted amount and for any additional charges properly incurred in connection with your booking, including wait time, overtime, hourly overage, fuel and de-icing surcharges, catering, permits, tolls, cleaning or damage charges assessed by a provider, and provider change or cancellation penalties. MOTUS may require a signed credit card authorization form before confirming a booking.
Where payment is made with a card that does not belong to the traveler, MOTUS may require written authorization from the cardholder and may verify identity before confirming a booking. MOTUS may decline any payment method at its discretion.
Non-payment. If payment is not received when due, MOTUS may decline to confirm, may suspend coordination, and may cancel the booking. You remain liable for provider cancellation charges incurred before cancellation and for MOTUS’s service fee.
Chargebacks. If you believe an amount has been charged in error, you agree to contact MOTUS in writing before disputing the charge with your card issuer or bank, and to allow MOTUS a reasonable opportunity to investigate. You agree not to initiate a chargeback for amounts properly due under these Terms or under a provider’s cancellation policy. If you initiate a chargeback that is resolved in MOTUS’s favor, you agree to reimburse MOTUS for the resulting processor fees, administrative costs, and reasonable attorneys’ fees, to the extent permitted by applicable law.
Payments must be made in full without deduction, set-off, or withholding. Wire transfer fees, intermediary bank charges, and similar costs are borne by the payer.
Except where applicable law requires client funds to be held in a trust or escrow account, amounts you pay to MOTUS are held in MOTUS’s general operating account until they are remitted to providers.
Identity and source of funds. MOTUS may request identity documentation and information about the source of funds where reasonably necessary to meet its legal obligations or to manage financial crime risk, and may decline or unwind a transaction where that information is not provided. MOTUS does not accept cash.
8.
MOTUS strongly recommends that every traveler purchase comprehensive travel insurance before departure. Appropriate coverage typically includes trip cancellation and interruption, emergency medical treatment and evacuation, repatriation, baggage and personal effects, and provider financial default or insolvency. “Cancel for any reason” coverage is available from some insurers at additional cost and is usually time-limited from the date of first deposit.
MOTUS is not a licensed insurance producer. MOTUS does not sell, solicit, negotiate, or advise on insurance, does not receive commission for insurance placement unless it discloses otherwise in writing, and does not assess whether a policy is adequate for your circumstances. Any information MOTUS provides about insurance is general and informational only. You should obtain coverage directly from a licensed insurer or broker and review the policy terms, exclusions, and limits yourself.
If you decline travel insurance, you accept the financial consequences of cancellation, interruption, delay, illness, injury, evacuation, missed connections, baggage loss, and provider default, to the extent those consequences are not otherwise recoverable under these Terms.
Some policies restrict or exclude coverage for private charter aviation, yacht charter, adventure activities, or travel to particular destinations. You should confirm coverage for the specific services in your itinerary.
customerservice@motusvip.com
9.
Cancellation, change, rebooking, credit, and refund rights generally depend on the terms imposed by the underlying third-party provider.
Those terms may vary materially by service, provider, destination, and timing.
MOTUS will endeavor to communicate applicable provider cancellation and change terms during the booking process.
If you request a cancellation or change, MOTUS may assist with communicating with the applicable providers and coordinating available alternatives. However, MOTUS cannot guarantee that a provider will permit a change, provide a refund, issue a credit, or make replacement inventory available.
Any refund or credit is subject to the applicable provider terms and amounts actually recoverable in connection with the booking, except where otherwise required by law or expressly agreed by MOTUS.
How to cancel. Requests to cancel or change a booking must be made in writing to MOTUS and are effective only when MOTUS acknowledges them in writing. A request sent outside business hours takes effect when acknowledged. Provider cancellation windows are measured against the provider’s own clock and time zone.
Private aviation, yacht charter, villa, event, and group bookings are frequently non-refundable in whole or in part once confirmed, and cancellation charges commonly escalate as the departure date approaches. MOTUS will endeavor to identify the applicable cancellation terms before you commit, and you should assume that a booking is non-refundable unless MOTUS tells you otherwise in writing.
Refunds. Where a refund is due, MOTUS will pay it only to the extent it actually receives corresponding funds from the provider. MOTUS is not obliged to advance its own funds, to pursue litigation against a provider, or to compensate you for amounts a provider declines to return. MOTUS’s service fee and non-recoverable third-party processing costs are not refundable.
Refunds are made to the original payment method. The time taken to appear depends on the provider, the payment processor, and the issuing bank.
A provider may offer a credit, voucher, or rebooking right instead of a cash refund. MOTUS may pass that credit through to you, but does not guarantee its value, transferability, expiry terms, or acceptance by the provider.
Failure to appear at the agreed time and place, or an inability to travel because of missing or defective documentation, is treated as a cancellation by you and generally results in forfeiture of the full amount paid.
Cancellation by MOTUS. MOTUS may cancel or decline to proceed with a booking, without liability beyond refunding amounts it holds and can recover, where payment is not received, where a provider refuses or withdraws the service, where MOTUS reasonably believes the booking involves misrepresentation or unlawful activity, or where proceeding would breach Section 27.
Provider insolvency. If a provider ceases trading, becomes insolvent, or fails to perform after MOTUS has remitted funds to it, MOTUS is not responsible for returning those funds and its assistance is limited to reasonable cooperation in pursuing the provider, its insurers, or your card issuer. Paying by credit card and holding travel insurance that covers provider default are the principal protections available to you.
10.
Travel plans can be affected by delays, cancellations, weather, mechanical issues, schedule changes, provider availability, traffic, government actions, and other circumstances.
When circumstances change, MOTUS may assist with reviewing affected arrangements and seeking available alternatives.
MOTUS does not guarantee that every affected service can be changed, replaced, rebooked, or recovered.
Additional costs resulting from changes may be the responsibility of the traveler unless otherwise agreed or recoverable from the relevant provider.
Where a disruption requires immediate operational action, you should contact the performing provider directly using the details on your itinerary and notify MOTUS as soon as practicable. MOTUS’s support availability outside normal business hours is described on your itinerary or confirmation.
Any replacement or alternative arrangement is a new booking. It is subject to availability, to the replacement provider’s pricing and terms, and to these Terms.
11.
Third-party providers are independent businesses responsible for the services they perform.
MOTUS does not control the day-to-day operations, personnel, vehicles, aircraft, premises, equipment, policies, or performance of independent providers.
If a provider is delayed, unavailable, unable to perform, or otherwise experiences a service issue, MOTUS may assist in communicating with the provider and, where practical, identifying alternative arrangements. Availability of alternatives is not guaranteed.
The provider remains responsible for performing the service it has agreed to provide.
Provider selection. MOTUS selects providers using reasonable commercial judgment, based on availability, price, prior experience, market reputation, and information the provider supplies. MOTUS does not audit, inspect, or independently verify a provider’s licensing, insurance, certification, maintenance records, safety history, driver or crew qualifications, or background screening, and makes no representation about them unless it states otherwise in writing for a specific booking.
Where MOTUS reports a third-party safety rating or audit status, including ratings issued by organizations such as ARGUS, Wyvern, or IS-BAO registration, it is passing on information supplied by the operator or the rating organization. That is not an endorsement, a verification, or a warranty by MOTUS, and ratings can lapse or change without notice to MOTUS.
Providers are independent businesses. They are not agents, employees, partners, joint venturers, or subcontractors of MOTUS, and MOTUS has no right to direct or control the manner in which they perform.
Claims arising from a provider’s performance must be pursued against that provider. MOTUS will, on request, provide reasonable assistance with documentation, booking records, and provider contact details to support such a claim.
12.
Private charter flights arranged through MOTUS are performed by independent air carriers or charter operators responsible for the operational control, safety, crew, aircraft, maintenance, routing, regulatory compliance, and performance of the flight.
MOTUS does not operate aircraft and does not exercise operational control over charter flights.
Aircraft options may be considered based on factors such as route, passenger count, luggage, timing, range, traveler preferences, operational requirements, and provider availability.
Final operational decisions remain with the applicable air carrier or operator.
Who operates the flight. Charter flights arranged through MOTUS are performed by properly certificated direct air carriers operating under 14 C.F.R. Part 135, under a public charter authorization, or under the equivalent regulations of the jurisdiction in which they are certificated. The operator holds operational control of the flight at all times.
Regulatory disclosures. Before you sign a charter contract or make payment, and in any event in accordance with 14 C.F.R. Part 295, MOTUS will disclose in writing: the corporate name of MOTUS and any trade name under which it operates; that MOTUS is acting as an air charter broker and as agent for the charterer; the existence of any charter broker fee or other compensation MOTUS will receive in connection with the flight; the identity of the direct air carrier or carriers that will operate the flight; the capacity in which MOTUS is acting; the total cost of the flight, including taxes and fees; and any known liens or other third-party claims that could affect the flight. MOTUS will provide the additional information required by those regulations, including the operator’s certificate details, on request.
The charter agreement between you and the operator governs the transportation itself. It may contain its own liability limitations, insurance provisions, indemnities, and cancellation terms, which apply in addition to, and for the transportation prevail over, these Terms.
Operational authority. The pilot in command has final authority over the safety and conduct of the flight, including decisions on weather, alternates, diversions, fuel, weight and balance, passenger and baggage limits, delays, and refusal to carry any passenger or item. Crew duty and rest limitations are set by regulation and cannot be waived.
Operators may substitute an aircraft of comparable type and capacity, including because of maintenance, crew availability, or fleet movements. A specific tail number, cabin configuration, interior, or crew member is not guaranteed unless MOTUS confirms it in writing, and even then remains subject to operational necessity.
Baggage is subject to weight, volume, and balance limits that vary by aircraft and route. Oversized, unusual, or high-value items require advance acceptance by the operator and may not be accommodated.
Hazardous materials and items prohibited by law or by operator policy may not be carried. Firearms and ammunition are subject to law, operator policy, and destination requirements, and require advance declaration and approval. Cannabis and cannabis-derived products may not be carried on aircraft arranged through MOTUS, regardless of their status under state or foreign law.
Carriage of pets and service animals is subject to operator policy, aircraft suitability, and the import, quarantine, and documentation requirements of the destination. Approval is not guaranteed.
International flights. For international flights you must supply complete and accurate passenger information, including full legal names as they appear on travel documents, dates of birth, nationality, and passport or other document details, by the deadlines MOTUS or the operator specifies. Advance passenger information filings, customs and immigration clearance, overflight and landing permits, and slot allocations are time-sensitive and can take several business days. Late or inaccurate information can delay or prevent a flight and may result in charges.
Delays and cancellations arising from maintenance, crew duty limitations, air traffic control, airport slots, weather, or airspace restrictions are operational matters within the control of the operator, not MOTUS.
Empty leg, one-way, and repositioning flights are offered subject to the operator’s primary charter and may be changed, rescheduled, or canceled by the operator at any time, including at short notice and after confirmation.
13.
Ground transportation coordinated through MOTUS may be provided by independent chauffeured transportation companies and other ground-service providers.
Specific vehicle makes, models, chauffeurs, timing, and availability may depend on location, provider inventory, traffic, operational circumstances, and other factors.
MOTUS may communicate traveler and itinerary requirements to the provider and assist with changes when reasonably possible, but does not guarantee exact vehicle models, uninterrupted service, or punctuality under all circumstances.
Ground transportation is commonly billed on an hourly basis with a minimum number of hours, and may be billed from the time the vehicle leaves the operator’s garage until it returns. Wait time, additional stops, route changes, and time beyond the booked period are charged in the increments the operator applies.
Vehicles have passenger and luggage capacity limits that must not be exceeded. Child restraint seats are the traveler’s responsibility unless MOTUS has confirmed in writing that the operator will supply them, and where local law requires, the traveler is responsible for correct installation and use.
Operators commonly charge for damage, excessive cleaning, smoking, or loss of use of a vehicle. Those charges are your responsibility and may be charged to the payment method on file under Section 7.
Airport meet-and-greet arrangements, curbside access, and permitted pickup locations are set by each airport and may change without notice. Ground providers are licensed and insured under the rules of their own jurisdiction, and regulatory standards vary significantly between countries.
14.
Yacht and boat charters are performed by independent owners, operators, and crew under a separate charter agreement, commonly on MYBA or a comparable industry form, entered into directly between you and the owner or operator. That agreement governs the charter and prevails over these Terms in respect of the charter itself.
Charters typically require a substantial deposit, staged payments, and an Advance Provisioning Allowance, or APA, covering fuel, food and beverage, dockage, port charges, communications, and similar running costs. The APA is administered by the captain and reconciled at the end of the charter. Any shortfall is payable by you, and any surplus is returned in accordance with the charter agreement.
The captain has sole authority over navigation, safety, and the conduct of the vessel, and may alter, shorten, or cancel the itinerary because of weather, sea state, mechanical condition, port availability, or crew safety. Itineraries are indicative and are not guaranteed.
Security deposits, damage waivers, crew gratuities, value added tax, and local cruising taxes and permits may be payable in addition to the charter fee, and are frequently payable directly to the owner, the captain, or a local agent.
Use of tenders, water toys, diving and other water-based equipment and activities is at your own risk and is generally subject to a separate waiver and release required by the owner or operator.
15.
Hotels, villas, restaurants, yachts, events, guides, venues, and other accommodations or experiences are provided by independent third parties.
Availability, admission, access, inventory, reservation terms, cancellation rights, service standards, and provider policies are determined by the applicable provider.
A request for a particular reservation, experience, property, event, or form of access is not guaranteed until confirmed.
Star ratings, classifications, room categories, photographs, floor plans, and property descriptions are supplied by third parties, vary by country, and are indicative rather than contractual. Renovation, seasonal closures, and changes to facilities occur without notice to MOTUS.
Resort fees, city and tourist taxes, service charges, parking, and incidental deposits or card holds are commonly payable directly to the property and are not included in a MOTUS quotation unless expressly stated.
Restaurant reservations, event access, tickets, and experiences are subject to the venue’s rules and to availability at the time of confirmation. MOTUS does not guarantee a particular table, seat, room, view, villa, or level of access, and does not act as a ticket reseller unless it states otherwise in writing.
Villa and private residence bookings frequently require a security deposit, a damage waiver, an inventory check, and adherence to house rules on occupancy, events, noise, and pets. You are responsible to the property for damage caused by your party.
16.
Travelers are responsible for providing accurate and timely information required to arrange services and for reviewing confirmations and itinerary information for accuracy.
Travelers are also responsible for obtaining and maintaining passports, visas, licenses, permits, identification, vaccination or health documentation, travel authorizations, and other documents or permissions required for travel; complying with immigration, customs, security, health, transportation, and provider requirements; arriving at agreed locations at the required time; complying with rules imposed by carriers, hotels, transportation providers, venues, governments, and other service providers; and informing MOTUS of material changes that may affect an arrangement.
Accuracy of traveler information. You must supply legal names exactly as they appear on the travel documents to be used, together with dates of birth, nationality, and document numbers where a provider or regulator requires them, by the deadlines given. Corrections made after a manifest, ticket, or filing has been submitted may not be possible and may incur charges.
Entry, transit, visa, health, and documentation requirements are your responsibility. Where MOTUS relays information about them it is doing so as a courtesy, on the basis of information from third parties, and without warranty. You should verify requirements directly with the carrier, the relevant embassy or consulate, and official government sources, and should re-check them close to departure.
Conduct. You and each traveler must comply with the lawful instructions of crew, chauffeurs, captains, guides, and staff. Providers may refuse to begin or may terminate a service without refund where a traveler is intoxicated, under the influence of drugs, abusive, threatening, or engaged in unlawful conduct, or where carriage would breach law or the provider’s policies.
You are liable to the provider for loss or damage caused by you or by any member of your travel party, and you will indemnify MOTUS under Section 21 in respect of any claim made against MOTUS arising from that loss or damage.
You must not carry or arrange the carriage of controlled substances, undeclared currency, counterfeit goods, protected wildlife or wildlife products, or any item whose possession or transport is prohibited by the law of any jurisdiction on your itinerary.
MOTUS does not provide legal, immigration, medical, or tax advice.
17.
Travel involves risks that cannot be eliminated. They include transportation accidents involving aircraft, vessels, and vehicles; illness and infectious disease; injury; crime; civil unrest and terrorism; adverse weather and natural events; political instability; and, in remote or foreign locations, limited or unfamiliar medical, emergency, and rescue services. Adventure, water-based, and aviation activities carry additional risk.
You are responsible for assessing whether the services in your itinerary are suitable for you and for each traveler in your party, taking account of age, health, fitness, mobility, pregnancy, and medical conditions. MOTUS does not provide medical advice, does not screen travelers for fitness to travel, and is not qualified to assess medical suitability. You should consult a physician where there is any doubt.
Requests for mobility assistance, accessible vehicles or accommodation, medical equipment, oxygen, dietary requirements, or similar accommodations must be made in advance and are subject to confirmation by the relevant provider. Standards, equipment, and legal requirements vary substantially between countries, and accommodation cannot be guaranteed.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU KNOWINGLY AND VOLUNTARILY ASSUME THE INHERENT RISKS OF TRAVEL DESCRIBED IN THIS SECTION, AND YOU RELEASE MOTUS FROM CLAIMS ARISING FROM THEM, OTHER THAN CLAIMS ARISING FROM MOTUS’S OWN GROSS NEGLIGENCE, FRAUD, OR WILLFUL MISCONDUCT, AND OTHER THAN CLAIMS THAT APPLICABLE LAW DOES NOT PERMIT TO BE RELEASED.
California residents. If you are a resident of California, you waive California Civil Code section 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” You waive the benefit of any comparable statute or rule in any other jurisdiction.
18.
MOTUS is not responsible for delay, cancellation, interruption, additional expense, or inability to perform caused by circumstances beyond its reasonable control.
These circumstances may include severe weather, natural disasters, mechanical or operational failures, strikes, labor disputes, shortages, governmental actions, border or airspace restrictions, epidemics or public-health events, civil unrest, terrorism, war, transportation disruption, infrastructure failures, provider insolvency or failure, or similar events.
MOTUS may assist with alternative arrangements when reasonably possible, but availability and additional costs cannot be guaranteed.
Where a force majeure event affects a booking, provider terms determine what, if anything, is refunded or credited. MOTUS’s service fee remains payable, and MOTUS is not responsible for the cost of alternative transportation, accommodation, subsistence, or repatriation. This is one of the principal risks that travel insurance is intended to cover.
19.
THE MOTUS WEBSITE AND THE COORDINATION AND BOOKING SERVICES MOTUS PROVIDES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MOTUS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND QUIET ENJOYMENT.
MOTUS does not warrant that the website will be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that the website or its infrastructure is free of harmful components.
Descriptions, images, specifications, availability, pricing, ratings, and other content supplied by providers or other third parties are not warranted by MOTUS to be accurate, current, or complete.
MOTUS does not warrant the performance, quality, safety, suitability, licensing, insurance, or conduct of any provider, or that any service will meet your expectations.
Some jurisdictions do not allow the exclusion of certain implied warranties, so parts of this Section may not apply to you. Nothing in this Section limits any warranty or right that applicable law does not permit to be excluded.
20.
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR OTHERWISE, AND APPLY EVEN IF MOTUS HAS BEEN ADVISED OF THE POSSIBILITY OF THE LOSS. THEY ARE A MATERIAL PART OF THE BASIS OF THE BARGAIN BETWEEN MOTUS AND YOU, AND THEY APPLY EVEN IF A LIMITED REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
To the fullest extent permitted by applicable law, MOTUS will not be liable for acts, omissions, negligence, delays, cancellations, failures, injuries, losses, property damage, schedule disruptions, or other conduct attributable to independent third-party providers.
To the fullest extent permitted by law, MOTUS will also not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost business opportunities, loss of enjoyment, or losses resulting from interrupted travel.
To the fullest extent permitted by applicable law, MOTUS’s aggregate liability arising from or relating to a particular transaction or service will not exceed the greater of (a) the service fees actually retained by MOTUS in respect of the booking giving rise to the claim, excluding amounts remitted or payable to third-party providers, and (b) one hundred United States dollars (US$100).
Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by applicable law.
Without limiting the generality of the preceding paragraphs, MOTUS is not liable for: the insolvency, default, or failure to perform of any provider; denied boarding, denied entry, deportation, or refusal of a visa; lost, delayed, or damaged baggage or personal property; personal injury, illness, or death caused by a provider or by the inherent risks described in Section 17; the acts or omissions of other travelers; or losses arising from your failure to obtain travel insurance.
Nothing in these Terms excludes or limits MOTUS’s liability for its own fraud, fraudulent misrepresentation, gross negligence, or willful misconduct, or for death or personal injury caused by its own negligence, in each case to the extent that liability cannot be excluded or limited under applicable law.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so parts of this Section may not apply to you. In those jurisdictions MOTUS’s liability is limited to the maximum extent permitted by law.
21.
You will indemnify, defend, and hold harmless MOTUS and its members, managers, officers, employees, contractors, and agents from and against any claim, demand, action, proceeding, loss, damage, liability, penalty, fine, cost, and expense, including reasonable attorneys’ fees and costs of investigation, arising out of or relating to:
(a) your breach of these Terms, of a provider’s terms, or of any applicable law; (b) information you supply that is inaccurate, incomplete, or late; (c) the acts or omissions of you or any member of your travel party; (d) loss of or damage to the property of a provider or third party caused by you or your travel party; (e) your violation of customs, immigration, export control, sanctions, or anti-corruption requirements; (f) a claim by a traveler on whose behalf you booked that you lacked authority to act or failed to provide these Terms to them; and (g) a chargeback or payment dispute initiated in respect of amounts properly due.
MOTUS may assume the exclusive defense and control of any matter subject to indemnification, at your expense. You will cooperate with that defense and will not settle any matter in a way that imposes an obligation or admission on MOTUS without MOTUS’s prior written consent.
This Section does not require you to indemnify MOTUS against liability arising from MOTUS’s own gross negligence, fraud, or willful misconduct.
22.
MOTUS will use commercially reasonable efforts to coordinate requested services but does not guarantee that a particular provider, aircraft, vehicle, accommodation, reservation, experience, itinerary, schedule, or alternative arrangement will be available.
Descriptions, photographs, preferences, requests, and proposed itineraries do not constitute guarantees unless expressly confirmed in writing.
Photographs, renderings, floor plans, and sample itineraries are illustrative. The specific aircraft, vessel, vehicle, room, villa, or venue delivered may differ in configuration, finish, and appearance.
23.
You may use the MOTUS website only for lawful purposes.
You may not interfere with the operation or security of the website, attempt unauthorized access to systems or information, use automated methods to abuse website functionality, submit fraudulent inquiries or payment information, or use MOTUS content in violation of applicable intellectual-property rights.
You may not scrape, crawl, harvest, or use automated means to extract data from the website; reverse engineer or attempt to derive the source code of any part of it; probe, scan, or test its vulnerability; circumvent any access control; frame or mirror it; or use MOTUS trademarks in metatags, keywords, or paid search advertising.
You may not transmit malicious code, impersonate any person, misrepresent your affiliation, or submit personal information about another person without that person’s authorization.
MOTUS may suspend or terminate access to the website, and may decline to provide services, where it reasonably believes this Section has been breached.
Content on the website is provided for information. It is an invitation to inquire and is not an offer capable of acceptance, and it does not create a binding booking.
Feedback. If you send MOTUS suggestions, ideas, or other feedback about its services or website, MOTUS may use them without restriction, attribution, or compensation, and you grant MOTUS a perpetual, irrevocable, worldwide, royalty-free license to do so.
Copyright complaints. MOTUS respects intellectual property rights. If you believe material on the website infringes your copyright, send a notice containing the elements required by 17 U.S.C. § 512(c)(3) to MOTUS’s designated agent.
Accessibility. MOTUS aims to make its website usable by people with disabilities and welcomes feedback. If you have difficulty accessing any part of the website, contact customerservice@motusvip.com and MOTUS will provide the information or complete the transaction through an alternative channel.
24.
The MOTUS name, website design, written content, branding, graphics, and other materials owned by MOTUS are protected by applicable intellectual-property laws.
Nothing in these Terms grants you ownership of or a license to use MOTUS intellectual property except as reasonably necessary to use the website and services for their intended purpose.
Third-party names, photographs, trademarks, and materials remain the property of their respective owners.
MOTUS, MOTUS VIP, the MOTUS logo, and the other names, marks, and designs used by MOTUS are trademarks and service marks of MOTUS Holdings LLC, whether or not they are registered. Registered marks are identified with ® and unregistered marks with ™.
MOTUS grants you a limited, revocable, non-exclusive, non-transferable license to access and view the website for your own personal, non-commercial purposes and for the purpose of requesting and managing services. All other rights are reserved.
You may not use MOTUS marks, or any mark, domain name, social media handle, or trade name confusingly similar to them, without MOTUS’s prior written permission, and you may not use them in a way that suggests sponsorship, endorsement, or affiliation that does not exist.
Photographs and other imagery on the website may be licensed from third parties or supplied by providers, and are used subject to those licenses.
25.
Personal information is handled in accordance with the MOTUS Privacy Policy.
The Privacy Policy is incorporated by reference into these Terms.
By requesting services, you consent to MOTUS collecting, using, and disclosing personal information as described in the Privacy Policy, including transferring traveler information to providers, ground handlers, immigration and customs authorities, and other recipients located outside the United States where necessary to arrange and deliver the services you have requested.
26.
You consent to receive communications from MOTUS electronically, and you agree that electronic records and electronic signatures satisfy any legal requirement that a communication or agreement be in writing or be signed. Quotations, confirmations, itineraries, authorizations, and notices delivered by email or through the website have the same effect as if delivered on paper.
MOTUS will send transactional messages about your inquiries and bookings, including quotations, confirmations, itinerary changes, and payment notices, to the email address and telephone number you provide. These are not marketing messages and you cannot opt out of them while a booking is active.
MOTUS may send marketing communications where you have opted in or where applicable law otherwise permits. You may unsubscribe at any time using the link in the message or by contacting customerservice@motusvip.com. Consent to marketing text messages is not a condition of purchasing any service. Message and data rates may apply, and you may stop text messages by replying STOP.
Call recording. MOTUS and its providers may record and monitor telephone calls for quality assurance, training, dispute resolution, and recordkeeping. Pennsylvania and certain other jurisdictions require the consent of all parties to a recorded call. By continuing a call after being notified that it may be recorded, you consent to the recording. If you do not consent, tell the MOTUS representative and MOTUS will conduct the discussion in writing instead.
27.
You represent and warrant that neither you, nor any traveler in your booking, nor any person or entity funding it, is a person with whom dealings are restricted or prohibited under the economic sanctions and export control laws of the United States, the European Union, the United Kingdom, or the United Nations, including any person on the U.S. Treasury Department’s Specially Designated Nationals and Blocked Persons List or other restricted party lists, any entity owned fifty percent or more in the aggregate by such persons, and any person ordinarily resident in a comprehensively sanctioned territory.
MOTUS may screen travelers, payers, and providers against restricted party lists, may request identification and information about the source of funds, and may decline, suspend, delay, or cancel a booking without liability where it reasonably believes that proceeding would breach applicable law or expose MOTUS to sanctions risk.
Where a payment or refund is blocked, frozen, or prohibited under applicable law, MOTUS will not make it, and its obligations are suspended for so long as the prohibition continues. MOTUS is not liable for any resulting loss.
Neither party will offer, promise, give, request, or accept any improper payment or advantage in connection with the services, and each will comply with the U.S. Foreign Corrupt Practices Act, the U.K. Bribery Act 2010, and other applicable anti-corruption laws.
28.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS HOW DISPUTES BETWEEN YOU AND MOTUS ARE RESOLVED. IT REQUIRES INDIVIDUAL ARBITRATION AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. IT ALSO GIVES YOU A 30-DAY RIGHT TO OPT OUT.
(a) Informal resolution first. Before commencing arbitration or any other proceeding, you and MOTUS will each give the other written notice describing the dispute and the relief sought, and will attempt in good faith to resolve it for thirty (30) days after that notice. Notice to MOTUS should be sent to the address in Section 38 and to customerservice@motusvip.com. This step is a condition precedent to commencing arbitration.
(b) Agreement to arbitrate. Except as stated in paragraphs (f) and (g), any dispute, claim, or controversy arising out of or relating to these Terms, the MOTUS website, any quotation, booking, itinerary, payment, or service arranged by MOTUS, or the relationship between you and MOTUS, including questions about the formation, validity, scope, enforceability, or arbitrability of this Section, will be resolved by binding individual arbitration rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this Section.
(c) Administrator and rules. The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules where you are an individual acting for personal, family, or household purposes, and under its Commercial Arbitration Rules in all other cases, in each case as modified by this Section. The rules are available at adr.org.
(d) Seat and format. The seat of the arbitration is Allegheny County, Pennsylvania, except that if you are an individual consumer you may elect to have the arbitration seated in the county of your residence. The arbitrator may conduct the proceeding by videoconference, by telephone, or on documents alone where the amount in dispute makes an in-person hearing disproportionate.
(e) Arbitrator’s authority. The arbitrator may award any relief that a court could award on an individual basis, including statutory damages and attorneys’ fees where a statute provides for them. The arbitrator has no authority to award relief to, or to adjudicate claims of, any person who is not a party to the arbitration. The award is final and binding, and judgment on it may be entered in any court of competent jurisdiction.
(f) CLASS ACTION AND JURY TRIAL WAIVER. YOU AND MOTUS EACH AGREE TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF MORE THAN ONE PERSON. YOU AND MOTUS EACH WAIVE ANY RIGHT TO A TRIAL BY JURY. IF THIS PARAGRAPH IS FOUND UNENFORCEABLE AS TO A PARTICULAR CLAIM OR REMEDY, THAT CLAIM OR REMEDY IS SEVERED FROM THE ARBITRATION AND BROUGHT IN THE COURTS IDENTIFIED IN SECTION 29, AND THE REMAINDER OF THIS SECTION CONTINUES TO APPLY.
(g) Exceptions. Either party may bring an individual claim in small claims court if it qualifies. Either party may also seek temporary or preliminary injunctive relief in court to protect intellectual property or confidential information, without waiving this Section.
(h) Fees. Administrative and arbitrator fees are allocated under the applicable AAA rules. Where the Consumer Arbitration Rules apply, MOTUS will pay the fees those rules require it to pay. Each party otherwise bears its own attorneys’ fees, except where a statute or the arbitrator’s award provides otherwise.
(i) Coordinated claims. If twenty-five (25) or more similar claims are asserted against MOTUS by or with the assistance of the same or coordinated counsel, the parties will cooperate with the AAA to administer them in sequential batches of no more than fifty (50) claims, with the limitation period tolled for claims awaiting a batch.
(j) 30-day right to opt out. You may opt out of this Section 28 by sending written notice, within thirty (30) days after you first accept these Terms, to MOTUS Holdings LLC at the address in Section 38 or to customerservice@motusvip.com, stating your name, the email address associated with your inquiry or booking, and a clear statement that you are opting out of arbitration. Opting out does not affect any other provision of these Terms and will not affect your relationship with MOTUS in any other way.
(k) Survival and severability. This Section survives termination of these Terms and the completion of any booking. If any part of it other than paragraph (f) is found unenforceable, that part is severed and the remainder continues in effect.
29.
These Terms and any dispute arising from or relating to the MOTUS website or the services arranged by MOTUS are governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict-of-law principles, except that the Federal Arbitration Act governs the interpretation and enforcement of Section 28. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Subject to Section 28, you and MOTUS submit to the exclusive jurisdiction of the state and federal courts located in Allegheny County, Pennsylvania for any dispute not resolved by arbitration, and each party waives any objection to venue or to the convenience of that forum.
Nothing in this Section deprives a consumer of the protection of mandatory provisions of the law of the country in which that consumer is habitually resident, where applicable law so requires.
30.
To the fullest extent permitted by applicable law, any claim arising out of or relating to these Terms, the MOTUS website, or services arranged by MOTUS must be commenced within one (1) year after the claim accrued. A claim commenced after that period is permanently barred. Where applicable law does not permit a limitation period to be shortened, the shortest period that law permits applies instead.
31.
If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law. An invalid or unenforceable provision will be modified to the minimum extent necessary to make it enforceable and to give effect to the parties’ original intent, and if it cannot be modified it will be severed.
32.
A failure by MOTUS to enforce any provision of these Terms does not constitute a waiver of that provision or any other right. A waiver is effective only if it is in writing and signed by an authorized representative of MOTUS, and applies only to the specific instance identified.
33.
You may not assign or transfer these Terms, or any booking made under them, without MOTUS’s prior written consent. MOTUS may assign these Terms to an affiliate or in connection with a merger, reorganization, or sale of all or substantially all of its assets.
These Terms do not create rights in any person other than you and MOTUS, except that the release in Section 17, the limitations in Sections 19 and 20, and the indemnity in Section 21 also benefit MOTUS’s members, managers, officers, employees, contractors, and agents, each of whom may enforce them.
34.
These Terms, the MOTUS Privacy Policy, and the quotation, confirmation, or itinerary MOTUS issues for a particular booking together form the entire agreement between you and MOTUS in respect of that booking, and supersede prior discussions, proposals, and representations relating to it.
Where there is a conflict, the following order of precedence applies: first, any separate written agreement signed by MOTUS and you; second, the MOTUS quotation or booking confirmation for the specific booking; third, these Terms; and fourth, other MOTUS marketing or website materials. A provider’s own contract terms govern that provider’s performance of its service, directly between you and the provider.
You confirm that you have not relied on any representation, warranty, or statement that is not set out in these Terms or in a written quotation or confirmation issued by MOTUS.
35.
Notices to MOTUS must be sent to MOTUS Holdings LLC, 239 Fourth Ave, Ste 1401, Pittsburgh, Pennsylvania 15222, United States, with a copy by email to customerservice@motusvip.com. MOTUS does not accept service of legal process by email; process must be served on MOTUS’s registered agent.
Notices to you may be sent to the email address, postal address, or telephone number you have most recently provided. A notice is effective on delivery if sent by hand or courier, and one business day after transmission if sent by email.
36.
Sections 6, 7, 16, 17, 19, 20, 21, 24, 26, 27, 28, 29, 30, 33, 34, and 36 survive completion of a booking and any termination of these Terms, together with any other provision that by its nature is intended to survive.
Headings are for convenience only and do not affect interpretation. “Including” and “includes” mean including without limitation. References to a statute or regulation include amendments and successors to it.
These Terms will not be construed against MOTUS as the drafting party. MOTUS and you are independent contracting parties, and nothing in these Terms creates a partnership, joint venture, franchise, or employment relationship, except that MOTUS acts as your booking agent as described in Section 2.
These Terms are drafted in English. Where MOTUS provides a translation for convenience, the English version governs.
37.
MOTUS may update these Terms from time to time.
The version posted when a particular service is booked will generally apply to that transaction unless otherwise agreed or required by law.
The current version will be posted on this page with an updated “Last Updated” date.
Where a change is material, MOTUS will take reasonable steps to bring it to the attention of clients with active bookings, including by email. Continued use of the website or of MOTUS services after a change takes effect constitutes acceptance of the revised Terms. A change to Section 28 does not apply to a dispute of which MOTUS had notice before the change took effect.
38.
Questions regarding these Terms may be directed to:
Formal legal notices must be sent in accordance with Section 35 and must include a copy sent to the postal address below.
MOTUS Holdings LLC, 239 Fourth Ave, Ste 1401, Pittsburgh, Pennsylvania 15222, United States. Registered agent for service of process: Republic Registered Agent LLC, 239 Fourth Ave, Ste 1401, Pittsburgh, Pennsylvania 15222.