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DEFINITIONS
Additional Expenses: Such amount in excess of the Quote, including, but not limited to, costs related to or arising from other goods and additional services, such as:
• Additional flight time beyond the control of the CHARTER OPERATOR, Third Party Operator, or its Affiliates due to inclement weather or ATC re-route.
• De-Icing charges, hangar fees or both incurred in order to prevent DeIcing.
• Flight Phone usage, Wireless Internet usage unless explicitly specified as included/complementary, or both by passengers.
• Damage beyond normal wear and tear caused by passengers.
• Tobacco smoking is prohibited on flights. If tobacco smoking is permitted, a Smoking Fee applies.
• VIP handling services requested by passengers at international locations.
• Cleaning charges for pets on board the aircraft.
• Catering beyond standard stock and passenger ground transportation paid for or arranged by the CHARTER OPERATOR.
• Requested use of non-preferred FBO locations.
• Additional Positioning charges.
• Requested use of a Cabin Attendant other than one provided by CHARTER OPERATOR, such as a Cabin Attendant provided or arranged by the Client.
• Fuel Surcharge.
• Catering or Ground Transportation surcharge.
Affiliate or Affiliated: A company other than CHARTER OPERATOR that CHARTER OPERATOR has an association or connection with that provides goods or services arising out of or related to this Quote and services provided hereunder.
Agreement: The executed Quote, including the Charter Quotation Terms & Conditions, and this Charter Master Agreement and any amendments thereto.
Cabin Attendant: The individual that attends to passenger’s safety and comfort while in flight.
Charter Trip: The flight or flights defined in the Schedule as set forth in the Quote.
Client: The individual and/or entity contracting for the usage of the aircraft; i.e., the charter service.
FBO: The "Fixed Base Operator.”
International Flight or Trip: A trip that includes at least one segment that lands at an airport outside the contiguous United States.
Off Fleet Trip: A trip wherein CHARTER OPERATOR may act as Client’s agent in arranging air transportation services for Client to be provided by a Third Party Operator.
Payment: The amount due from Client; subject to approved credit terms as established by CHARTER OPERATOR.
Parties: The Client and the CHARTER OPERATOR; collectively referred to as the “Parties,” and individually, "Party.”
Quote: The Aircraft Charter Quotation setting forth the estimated amount of fees and costs, the Charter Quotation Terms & Conditions, and this Charter Master Agreement, to contract for the usage of the referenced aircraft, company, contracted or supplemental aircraft, including any modified or amended Quotes.
Salesperson: The individual providing this Quotation or other related services.
Schedule: The date(s), flight itinerary, and time(s) referenced in the Quote that the Client anticipates for usage of the referenced aircraft.
Third Party Operator: Other aircraft operators holding an air carrier certificate authorizing them to furnish air transportation services pursuant to FAR Part 135.
TAXES: As of January 1, 2020, a federal tax of $4.30 per passenger and a Federal Excise Tax (FET) of 7.5% will apply to all domestic passenger flight segments and 6.25% for all domestic cargo flights. A tax of $9.50 per passenger applies on all flights between the continental US and Hawaii and/or Alaska. Other international arrival/departure taxes may apply. These are subject to an inflationary adjustment each year. CHARTER OPERATOR's quoted charter rates are exclusive of any value-added, sales, use, excise, customs duties or other government taxes, fees, or surcharges that may apply to the charter services provided under this Agreement ("Taxes"). Client will pay all such Taxes including those paid or payable by CHARTER OPERATOR (exclusive of taxes on CHARTER OPERATOR's net corporate income) and any related interest and penalties. In the event that payment of any amount of charter fees becomes subject to value-added tax, withholding tax, levy or similar payment obligation on sums due to CHARTER OPERATOR under this Agreement, such amounts shall be borne and paid for by Client in addition to the sums due to CHARTER OPERATOR. Client will provide CHARTER OPERATOR free of charge with the appropriate certificate(s) from the relevant authorities confirming the amount of the value-added taxes, withholding taxes, levies or similar payments borne and paid for by Client.
SECURITY CONCERNS: A 100% cancellation fee (100% of theQuote) will apply in the event a flight is affected by security concerns caused by the Client and/or passengers. CHARTER OPERATOR and Third Party Operator, as applicable, reserve the right to cancel a flight, refuse to commence a flight, postpone any flight, or take other necessary action, if in the sole discretion of CHARTER OPERATOR, Third Party Operator or the pilots of a charter aircraft, the safety may be compromised, and CHARTER OPERATOR and Third Party Operator may take such action without breaching its duties or obligations to Client or be liable for any loss, injury, damage, or delay.
PET POLICY: Clients traveling with pets shall disclose this information at the time of quotation. Carriage of pets is subject to approval of CHARTER OPERATOR/Third Party Operator and additional fees may apply. The Quote requires this disclosure for determining the aircraft, as some aircraft do not accommodate pets. For international and offshore travel, federal and foreign government agencies may impose quarantine restrictions on pets. While the CHARTER OPERATOR may provide guidance as to such guidelines, it is the responsibility of the Client to understand the necessary and applicable rules and regulations. Pets not previously approved may be denied boarding of the aircraft. Should a Client cancel a flight as a result of a pet not previously approved being denied boarding of the aircraft, Client remains responsible for the payment of the Quote in full and any Additional Expenses incurred by CHARTER OPERATOR/Third Party Operator.
BAGGAGE: CHARTER OPERATOR is not responsible for the arrangement of or payment for shipping excess (or rejected) baggage. Client must report any lost or damaged baggage before departing the airport, and Client must report the loss or damage of any other personal property within 24 hours after deplaning. Client is responsible for ensuring that valuables, fragile items, and perishables are reasonably packaged and labeled. Client and the passenger will not be reimbursed for the loss or damage of baggage or other personal property if, in CHARTER OPERATOR’s reasonable judgment, a claim is not timely made, if Client or passenger did not pack properly, or if Client or passenger did not label or otherwise notify the flight crew of the presence of fragile items. CHARTER OPERATOR assumes responsibility only for passenger baggage or other personal property in CHARTER OPERATOR’s possession. CHARTER OPERATOR is not responsible for baggage or other personal property in the possession of others.
Upon booking, Client is required to inform CHARTER OPERATOR if Client intends to travel with golf clubs or any other large item other than luggage so that CHARTER OPERATOR can ensure that the aircraft which is secured for the flight is suitable to carry such items. Failure to inform CHARTER OPERATOR of such items prior to commencement of the flight may result in added expenses for booking a suitable aircraft and cancellation fees for the original aircraft may apply.
DOCUMENTATION & SECURITY: All passenger names must be provided to CHARTER OPERATOR at least forty-eight (48) hours prior to the departure date for domestic trips and at least seventy-two (72) hours prior to the departure date for international trips. A valid government-issued photo ID is required for all passengers over the age of 18 prior to the passenger boarding the flight. The Client is further responsible for obtaining any travel authorization documents such as passports and visas that may be required by any governmental authority. In the event the Client/passenger provided ID and/or security information is invalid, any and all liability for government issued fines is the Client's responsibility. Client also acknowledges that any inconsistencies in the passenger manifest may cause departure delays, up to termination of the flight for which CHARTER OPERATOR shall not be responsible.
Prior to the departure time, Client is required to present written permission from the non-traveling parent(s) or guardian(s) to allow any minor children to travel without one or both parents. If required travel documents, including written permission from non-traveling parent(s) or guardian(s), fora minor are not presented, the flight may be terminated and the Client will be charged 100% of the Quote, plus actual expenses, regardless of cancellation by Client or CHARTER OPERATOR.
Upon request, and strictly as a courtesy to Client, CHARTER OPERATOR may attempt to assist Client to secure such travel documents but does not guarantee success. CHARTER OPERATOR shall not be liable or responsible for any damage and/or costs Client incurs as a result of being denied entry to any country or jurisdiction.
TRIP INTERRUPTION/TERMINATION: CHARTER OPERATOR and Third Party Operator reserve the right to, and shall not be liable for, altering schedules and/or canceled flights due to Force Majeure. “Force Majeure” means an act of God, strike or lockout or other labor dispute, act of a public enemy, war (declared or undeclared), terrorism, blockade, revolution, civil commotion, fire, any weather related event affecting safety of flight, flood, earthquake, explosion, governmental restraint, embargo, mechanicals, inability to obtain or delay in obtaining equipment, parts, or transport, inability to obtain or delay in obtaining governmental approvals, permits, licenses, or allocations, and any other cause outside of the complete control of CHARTER OPERATOR or Third Party Operator, as applicable, whether or not of the kind specifically listed above. In the event the Charter Trip is not completed due to Force Majeure, the Client will be responsible for payment for all costs incurred for the completed portion(s) of the Charter Trip, but will not be responsible for the portions of the Charter Trip not completed. In no event shall CHARTER OPERATOR be liable for damages claimed as a result of a cancelled or delayed flight. CHARTER OPERATOR does not guarantee that an alternative aircraft will be available, but will make reasonable efforts to provide a comparable aircraft option, which may result in an additional charge to the Client.
WEAPONS & HAZARDOUS MATERIALS (HAZMAT): CHARTER OPERATOR must be notified at the time of booking if the passengers wish to transport a firearm or hazmat onboard any flight. Firearms are allowed onboard the aircraft so long as they are transported in accordance with FAA/TSA regulations. Passengers will not have access to the firearm until the completion of the flight.
OPERATIONAL CONTROL: Aircraft owned or leased by CHARTER OPERATOR are operated by CHARTER OPERATOR under Federal Aviation Regulations 14 C.F.R. Part 135 (“FAR Part 135”) and CHARTER OPERATOR will have operational control of such flight(s). In addition, CHARTER OPERATOR may act as Client’s agent in arranging air transportation services for Client to be provided by a Third Party Operator holding an air carrier certificate authorizing them to furnish air transportation services pursuant to FAR Part 135. In the event of an Off Fleet Trip, the Third Party Operator will have operational control of such flight(s). CHARTER OPERATOR shall have and exercise possession, command, and operational control of any aircraft that is part of the CHARTER OPERATOR fleet. If the Trip is being performed by a Third Party Operator, that Third Party Operator shall have and exercise possession, command, and operational control of the aircraft. During any and all flights conducted pursuant to this Agreement, the Pilot-in-Command (as defined by the FAA) of such flight shall at all times be empowered to take all steps necessary in the interest of the safety of the aircraft, its passengers, its crew, any cargo, and the operation of the flight, including re-routing, shortening, lengthening, terminating or cancelling such flight. Communication will be maintained by CHARTER OPERATOR, and crew personal contact information will not be disclosed.
OFF FLEET TRIP: In the event a Trip is an Off Fleet Trip, Client hereby acknowledges that the Third Party Operator and not CHARTER OPERATOR, is responsible for ensuring the safety of the flight(s) and providing the charter services, including the flight crew and aircraft operations and, in such case Client shall hold harmless and shall indemnify CHARTER OPERATOR against any and all losses arising from the Off Fleet Trip and any flight(s) performed by a Third Party Operator. Client hereby also acknowledges and agrees to abide by and submit to any additional and/or alternative terms and conditions that a Third Party Operator may promulgate, including the Third Party Operator’s Contract of Carriage. By accepting the Quote for an Off Fleet Trip and booking a flight, Client authorizes CHARTER OPERATOR to enter into a contract with the Third Party Operator as Client’s agent.
PROHIBITED ITEMS: Passengers have responsibility to comply with Transportation Security Agency (TSA) and Federal Aviation Administration (FAA) regulations regarding prohibited items. Days in advance of the departure time, passengers shall review TSA and FAA Websites for prohibited items: www.tsa.gov/travelers/airtravel/prohibited/permitted-prohibited-items.shtm and http://www.faa.gov/go/packsafe. Examples of prohibited items not allowed on aircraft include, but are not limited to: firearms, ammunition, knives, fireworks, and flammable liquids, gels, or aerosols, as well as items with lithium battery powered products, such as HoverBoards/Gravity Boards/BalanceBoards.* Battery-powered E-cigarettes, vaporizing, vape pens, atomizers, and electronic nicotine delivery systems are prohibited in stowed baggage, may only be carried on a person, and may not be used or charged on the aircraft, pursuant to the FAA directives. Spare lithium batteries are prohibited in stowed baggage and may only be carried on a person. Clients should check the TSA and FAA Websites for a current list of prohibited items. Pursuant to TSA and FAA regulations, CHARTER OPERATOR shall abide by these regulations to maintain its Charter Certificate. No later than 24 hours in advance of the departure time, Client shall notify CHARTER OPERATOR that a passenger wishes to bring a firearm, ammunition, or both on the aircraft, as well as the description of each firearm and type of ammunition. The flight crew will secure the weapon and ammunition through use of a cable lock or locked container prior to departure depending on the aircraft. The flight crew shall follow TSA rules in transporting firearms and ammunition aboard an aircraft, including securing the firearm as unloaded and physically separated from the ammunition. Each passenger may only bring one case of ammunition. A passenger may also not carry concealed weapons onboard an aircraft, unless approved by the CHARTER OPERATOR prior to departure. Concealed weapon requests must be requested to the CHARTER OPERATOR at least 24 hours before the flight to allow verification of credentials. Only Federal Law Enforcement Officers or Air Marshals are allowed to carry concealed weapons on board an aircraft. The Pilot in Command has final authority on whether any of these or other items are allowed on the aircraft. *Due to the recent FAA Statement on the Samsung Galaxy Note 7 device, CHARTER OPERATOR will not allow this device on board any flight, including in stowed baggage.
Without prior approval from the Pilot in Command, photography and filming of the interior and exterior of the aircraft is strictly prohibited.
CHARTER OPERATOR maintains a "Zero Tolerance" policy regarding illegal drugs and/or smuggling. CHARTER OPERATOR reserves the right to inspect any bags or luggage brought to the aircraft by Client or any person traveling with Client, and may deny boarding of certain items deemed unsafe and/or illegal. If any illegal activity occurs, the flight will be grounded. For International flights, CHARTER OPERATOR will return to an airport within the United States to ground the flight. In addition, CHARTER OPERATOR will alert customs authorities to any illegal activity. In any such event, Client will be charged 100%of the Quote, plus actual expenses incurred for the grounded flight.
INDEMNIFICATION: Client shall indemnify, defend, and hold harmless CHARTER OPERATOR and its Affiliates, Third Party Operator’s and all of their officers, directors, shareholders, members, employees, legal representatives, and other agents, successors and assigns, and aircraft owners and aircrew (the"Indemnified Parties") from and against any and all liabilities, losses, damages, penalties, costs (including reasonable attorney's fees, court costs, expenses and disbursements from the date of first notice) and expenses on account of any claim, suit, cause of action, governmental action or proceeding, or other investigation, demand, proceeding, or anything of a similar nature made or brought against any of the Indemnified Parties as a result of Client's violation of this Agreement or as a result of the services performed hereunder to Client. Such indemnity shall include any and all liability resulting from bodily injuries (including death), property damage or any breach of contract damages, except to the extent such indemnified losses arise from the gross negligence or willful misconduct of the Indemnified Parties.
LIMITATION OF LIABILITY: IN NO EVENT SHALL CHARTER OPERATOR’S AGGREGATE LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY CLIENT UNDER THE QUOTE GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL CHARTER OPERATOR, AN AIRCRAFT OWNER OR THIRD PARTY OPERATOR BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, LOSS OF REVENUE, LOST PROFITS, LOSS OF USE, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF VALUE, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, LOSS OF REPUTATION, EXPENSES DUE TO REPLACEMENT TRAVEL ARRANGEMENTS OR LOSS OF OTHER ECONOMIC ADVANTAGE). CHARTER OPERATOR SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY CLIENT, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, ORIN ANY WAY CONNECTED WITH THE SERVICES PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICES, ANY DELAY OR FAILURE TO FURNISH AN AIRCRAFT CAUSED OR OCCASIONED BY THE PERFORMANCE OR NON-PERFORMANCE OF ANY OBLIGATIONS OF CHARTER OPERATOR OR A THIRD PARTY OPERATOR, OR ANY RELIANCE PLACED BY CLIENT ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING,OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN CLIENT AND ANY THIRD PARTY OPERATOR, EVEN IF ANY PARTY HERETO KNEW OR SHOULD HAVE KNOWN OR WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CLIENT AND CHARTER OPERATOR AGREE TO ACCEPT THE PROCEEDS OF THE LIABILITY INSURANCE MAINTAINED BY CHARTER OPERATOR OR THIRD PARTY OPERATOR, AS APPLICABLE, AS THEIR SOLE RECOURSE AGAINST EACH OTHER IN THE EVENT OF ANY CLAIM RELATING TO A TYPE OF INJURY, DEATH, OR PROPERTY DAMAGE FOR WHICH SUCH INSURANCE IS BEING PROVIDED.
INTERNATIONAL LIABILITY LIMITS: If the Client's Schedule involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention may be applicable, and the Warsaw Convention governs, and in most cases, limits the liability of the carrier for death or personal injury and for loss of or damage to baggage.
ATTORNEY'S FEES: In any action to enforce this Agreement, the prevailing party shall be awarded its reasonable attorney's fees and court or arbitration costs.
ENTIRE AGREEMENT: This Agreement along with the applicable Charter Quotation Terms and Conditions constitutes the entire agreement among the CHARTER OPERATOR and Client with respect to the subject matter herein and supersedes all prior agreements, understandings and negotiations, both written and oral, between the CHARTER OPERATOR and Client with respect to the subject matter hereof.
ASSIGNMENT: Except as expressly provided herein, this Agreement between Client and CHARTER OPERATOR may not be assigned to another party. Any attempted assignment is null and void.
WAIVER: The waiver by the CHARTER OPERATOR of a breach of any provision contained herein shall be in writing and shall in no way be construed asa waiver of any subsequent breach of such provision or the waiver of the provision itself.
SEVERABILITY: If any provision of this Agreement shall be invalid or unenforceable, such invalidity or unenforceability shall not render the entire Agreement invalid. Rather, the Agreement shall be construed as if not containing the particular invalid or unenforceable provision, and the rights and obligations of each Party shall be construed and enforced accordingly.
INSURANCE COVERAGE: Charter flights are covered by insurance whether the flight is operated by CHARTER OPERATOR or by a Third Party Operator. Upon request, Client will be provided a certificate of insurance that describes the relevant liability coverage amounts and that includes the Client as an additional insured with a waiver of subrogation.
PROHIBITED RESALE: Client agrees that it is purchasing charter air transportation services for the carriage of Client and its guests, and that Client will receive no compensation from a guest passenger for being carried on board the flight, unless permitted by law.
CONFIDENTIALITY: The information in the Quote and this Agreement are confidential, and may not be disclosed to any third party without the written consent of CHARTER OPERATOR, except as required by law and except that Client shall be entitled to disclose the Agreement to its attorneys, accountants, and consultants and as needed to perform its obligations hereunder. CHARTER OPERATOR will not disclose information regarding Client, passengers, or their travel arrangements, unless authorized by Client, required by law or to perform it’s the obligations under this Agreements. Only persons named in CHARTER OPERATOR's records for the account are authorized to obtain information about flight or billing information.
SURVIVAL: The provisions in the sections titled Indemnification, Limitation of Liability, International Liability Limits, Applicable Law,Attorney’s Fees, Entire Agreement, Assignment, Waiver, Severability, and Binding Arbitration the termination or expiration of this Agreement.
