JetSmarter can walk away from the proposed Class Action arbitration settlement if more than 10% of members opt out

Last week, in reviewing the 13-page “Notice of Settlement” as the basis for my analysis of JetSmarter’s proposed Class Action settlement, I was struck that there was a seeming lack of detail.

It wasn’t clear which flights you could apply the valuable 50% off Resolution Credits. Not finding anyone willing to answer my questions, I made note of it in my article.

JetSmarter Class Action Settlement Agreement

After I published the story, I was happy to see in my inbox a more detailed 45-page “Settlement Agreement.” There is some good news.

The Good News

It does appear that once a Crowd Sourced flight is confirmed, you can use the Resolution Credits which yield a 50% discount. That’s in addition to JetSmarter’s now limited Jet Shuttles, the flights that they schedule.

The Resolution Credits are limited to Sub-Class 3A Members, who were members Smart or Sophisticated members on June 18, 2018, and had at least six months remaining on their memberships on that date.

There is a restriction limiting credits to a maximum of 25% of the seats, similar to how airlines restrict frequent flier award seats. For example, on a 12 seat aircraft, up to three seats may be reserved using 50% off Resolution Credits on a first-come, first served basis.

JetSmarter Qualifying Routes

I should also note that using credits is limited to a list of routes JetSmarter was marketing on June 18, 2018, many of which appear to have few customer-sourced flights nor any flights sponsored by JetSmarter.

The Resolution Credits also appear to have a six-month window for usage, unless you pay to extend the complimentary six-month membership this category gets and must be in place to redeem the discounts.

If you go between New York and South Florida, there should be value to redeem the credits. Also included are several routes in the west where JetSmarter currently offers JetSuiteX flights on its platform.

I am told if the routes are on the JetSmarter app and on the list, you will be able to use the Resolution Credits. JetSuiteX runs a fairly robust schedule with multiple daily flights at set times, and its fares are in line with the airlines, so half off would be a good deal. JetSmarter and JetSuiteX both declined to comment.

JetSmarter can back out

If more than 10% of the total number of people who qualify as Class Members opt out, JetSmarter has the right to walk away and vacate the settlement. Anyone who opts out retains their right to bring their own litigation against JetSmarter, so the more members who accept the settlement would reduce the likelihood of future lawsuits.

JetSmarter Routes as of June 18, 2018

FROM/TO

NEW YORK SOUTH FLORIDA

SOUTH FLORIDA NEW YORK

NEW YORK ATLANTA

ATLANTA NEW YORK

BOSTON NEW YORK

NEW YORK BOSTON

WASHINGTON DC NEW YORK

NEW YORK WASHINGTON DC

SOUTH FLORIDA TAMPA

TAMPA SOUTH FLORIDA

SOUTH FLORIDA ATLANTA

ATLANTA SOUTH FLORIDA

SOUTH FLORIDA ORLANDO

ORLANDO SOUTH FLORIDA

BAHAMAS SOUTH FLORIDA

SOUTH FLORIDA BAHAMAS

NEW YORK ABACO CLUB

ABACO CLUB NEW YORK

NEW YORK KENTUCKY

KENTUCKY NEW YORK

LOS ANGELES COACHELLA VALLEY!

COACHELLA VALLEY! LOS ANGELES

WORLD CUP GENEVA

GENEVA WORLD CUP

LAKE TAHOE LOS ANGELES

LOS ANGELES LAKE TAHOE

LOS ANGELES SAN FRANCISCO

SAN FRANCISCO LOS ANGELES

LOS ANGELES MAMMOTH LAKES

MAMMOTH LAKES LOS ANGELES

LOS ANGELES COACHELLA VALLEY

COACHELLA VALLEY LOS ANGELES

LOS ANGELES LAS VEGAS

LAS VEGAS LOS ANGELES

LAS VEGAS SAN FRANCISCO

SAN FRANCISCO LAS VEGAS

LOS ANGELES SCOTTSDALE

SCOTTSDALE LOS ANGELES

SCOTTSDALE LAS VEGAS

LAS VEGAS SCOTTSDALE

LAKE TAHOE SAN FRANCISCO

SAN FRANCISCO LAKE TAHOE

LAKE TAHOE LAS VEGAS

LAS VEGAS LAKE TAHOE

ORANGE COUNTY LAS VEGAS

LAS VEGAS ORANGE COUNTY

HOUSTON DALLAS

DALLAS HOUSTON

AUSTIN DALLAS

DALLAS AUSTIN

LOS ANGELES DALLAS

DALLAS LOS ANGELES

NEW YORK DALLAS

DALLAS NEW YORK

CHICAGO NEW YORK

NEW YORK CHICAGO

CHICAGO SOUTH FLORIDA

SOUTH FLORIDA CHICAGO

CHICAGO LOS ANGELES

LOS ANGELES CHICAGO

COLORADO NEW YORK

NEW YORK COLORADO

COLORADO SOUTH FLORIDA

SOUTH FLORIDA COLORADO

LOS ANGELES COLORADO

COLORADO LOS ANGELES

LOS ANGELES NEW YORK

NEW YORK LOS ANGELES

SAN FRANCISCO NEW YORK

NEW YORK SAN FRANCISCO

SAN FRANCISCO SOUTH FLORIDA

SOUTH FLORIDA SAN FRANCISCO

LAS VEGAS NEW YORK

NEW YORK LAS VEGAS

LOS ANGELES SOUTH FLORIDA

SOUTH FLORIDA LOS ANGELES

LAS VEGAS SOUTH FLORIDA

SOUTH FLORIDA LAS VEGAS

JEDDAH RIYADH

RIYADH JEDDAH

JEDDAH DUBAI

DUBAI JEDDAH

RIYADH DUBAI

DUBAI RIYADH

LONDON NEW YORK

NEW YORK LONDON

LONDON NICE

NICE LONDON

LONDON IBIZA

IBIZA LONDON

LONDON MALAGA

MALAGA LONDON

PALMA LONDON

LONDON PALMA

PARIS MILAN

MILAN PARIS

PARIS GENEVA

GENEVA PARIS

LONDON MILAN

MILAN LONDON

PARIS NICE

NICE PARIS

NICE GENEVA

GENEVA NICE

MOSCOW CYPRUS

CYPRUS MOSCOW

MOSCOW NICE

NICE MOSCOW

MOSCOW PISA

PISA MOSCOW

MOSCOW LONDON

LONDON MOSCOW

LONDON PARIS

PARIS LONDON

LONDON GENEVA

GENEVA LONDON

LONDON ZURICH

ZURICH LONDON

MUNICH LONDON

LONDON MUNICH

MOSCOW GENEVA

GENEVA MOSCOW

About the Author Doug Gollan

I am Founder and Editor of Private Jet Card Comparisons, the only independent buyer's guide to jet card membership programs, and DG Amazing Experiences, a weekly luxury travel e-newsletter for private jet owners. I am also a contributor to Forbes.com