Charter Jet Airlines Agreement

CHARTER BROKER AGREEMENT

 

Quoted For ( Name): _______________________ Quote Number:_____________________  Contact: Date Quoted:_______________

ENGAGEMENT:

Client hereby engages Charter Jet Airlines to act as its broker to solicit bids and arrange for the charter services described on the Charter Itinerary (to which these Standard Terms & Conditions are annexed) on behalf of Client from third party certified air carriers operating under Part 135 or 121 or foreign equivalent; and Client agrees to pay all monies due for the arrangement and provision of such services.

 

  1. RESERVATIONS & CANCELLATIONS:

 

  • All requests for services are subject to acceptance by Charter Jet Airlines. Your Charter Itinerary will be delivered by fax or e-mail from Charter Jet Airlines providing a confirmation number, the estimated price quote, specific date(s) and departure time, flight segments arranged on your behalf, aircraft type and other requests specified by you when booking your flight; the Charter Itinerary is subject to change and Charter Jet Airlines will not be responsible, monetarily or otherwise, for any such change in the Charter Itinerary. You will be requested to sign and return a copy of the Charter Itinerary signifying confirmation both of its contents and consent to these Standard Terms & Conditions.
  • Client agrees to provide a complete passenger manifest for each flight segment prior to departure, and understands that each passenger must carry valid government-issued photo identification. In the event that any personal identification and/or security information is invalid, all liability for government issued fines is the Clients responsibility. Client also understands that any errors or inconsistencies in the passenger manifest may cause departure delays.

 

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  1. Slots: Some high-traffic airports assign mandatory “slots” to inbound and outbound aircraft. Charter Jet Airlines will make every effort to acquire the slots for the requested departure / arrival time. However, the actual departure / arrival time will be subject to available time slots.
  2. If the client wishes to cancel any Flight(s) after confirmation of the related Agreement, the following rates will be paid immediately by the client to Charter Jet Airlines as agreed compensation for such cancellation:

25% of the Charter Price if cancelled within 14 days of the scheduled departure date/time as set out in a Charter Contract.

100% of the Charter Price if cancelled within 10 days of the scheduled departure date/time as set out in a Charter Contract.

ALL ONE WAY CHARTER RESERVATIONS, INCLUDING EMPTY LEG, MULTI-LEG ONE WAYS ARE NON-CANCELLABLE AND NON REFUNDABLE AT TIME OF BOOKING.

  1. PRICE QUOTES:

The cost estimate provided to Client for each specific Charter, is subject to the following:

  • Domestic and international flights may be subject to the federal excise tax and federal departure tax,   respectively. Charter Jet Airlines will add the applicable tax, using the current rate, to each charter invoice, and Client will pay such amounts.
  • Client understands that the cost estimate provided by Charter Jet Airlines will include estimates for certain cost items. Client will pay the actual amount of applicable taxes, over-flight permits, landing charges, catering costs, flight phone, customs fees, crew trip expenses, and similar out-of-pocket expenses relating to the services provided should these amounts differ from the original cost estimate.
  • If a deviation from the original itinerary is requested by Client and agreed to by Charter Jet Airlines or necessitated by Client’s actions, then the amount owed by Client to Charter Jet Airlines may differ from the original cost estimate.
  • Liability for Damages: Client shall be held liable for any and all damages to the aircraft and property of Carrier, which was caused by Client or Client’s guests.

 

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  1. Additional Fees may follow as some vendors send bills weeks after services are rendered (i.e. international fees, customs fees, deicing, catering, hangar, facility overtime fees, and/or flite phone charges) **All flights with animals onboard are subject to a $350 aircraft cleaning fee**
  2.  The Charter Price is based on aviation fuel costs calculated on the Booking Date. If, for any reason whatsoever there shall be any increase in the cost of aviation fuel between the Booking Date and the date of operation of any Flight, then the Charterer shall, if so required by the Carrier, pay Charter Jet Airlines on demand such amount as shall fully compensate the Carrier for such increase in costs.

 

  1. Payment:

The payment for each charter flight shall be due upon confirmation of each charter; payments must be received in order to confirm each flight as Charter Jet Airlines cannot guarantee the availability of the agreed upon aircraft until payment has been received. At the discretion of Charter Jet Airlines, credit cards may be accepted for payment of charges and such payments will be subject to a 5% additional fee. Additional payment terms may be arranged and agreed upon by Charter Jet Airlines and Client which shall be listed in the Charter Quote for each specific flight.

  1.  Costs and Expenses:
  • The Charter Quote for each specific trip shall set forth the charter price and any associated costs and expenses for each unique charter. Client shall be responsible for additional charges incurred by Charter Jet Airlines in the provision of the services described in this Agreement and Client may be billed separately for the same or such costs and expenses may be added to the Charter Quote pricing (if known at the time the Charter Quote is executed); such additional costs and expenses shall include, without limitation, catering costs, ground transportation costs, flight phone costs, de-icing costs, fuel surcharges, crew expenses, air space navigation fees, weather service fees, international fees and such other costs and expenses as are incidental to charter services. Client further agrees that it shall be responsible for all sales, use, VAT, stamp, FET, transfer, segment fees and other similar taxes, fees, duties and penalties that may be imposed by any federal, state, county, local, foreign or other governmental authority as a result of the flights and services provided in connection with this Agreement (“Taxes”). Client shall defend, indemnify and hold Charter Jet Airlines harmless against any such Taxes which are the obligation of Client hereunder. The obligations of Client under this Section shall survive the termination of this Agreement.

 

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  1.  Unless agreed in advance of the Flight, WiFi charges are not included within the Charter Price. Any charges by the Carrier for WiFi used, that was not included in the Charter Agreement will be passed onto the client to be paid on receipt of invoice.

 

  1.  ACKNOWLEDGMENT OF OPERATIONS:
  • Client acknowledges that Charter Jet Airlines is acting solely as a broker and is not an air carrier and is not operating the flights Client authorizes Charter Jet Airlines to book on Client’s behalf. The air charter suppliers have sole responsibility, liability and control of all aspects of the aircraft charter services provided to you, including without limitation, aircraft availability and pricing, the commencement and termination of scheduled flights, the operation, regulation condition and safety of the flight, passengers, baggage and cargo and other people and events associated with your air travel, such as crew performance and catering service
  • These Standard Terms and Conditions shall apply to and be incorporated in the contract between Charter Jet Airlines and the Client for the supply of the services hereunder and shall be in substitution for any oral arrangements made between the Client and Charter Jet Airlines and shall prevail over any inconsistent terms or conditions contained in or referred to in correspondence or elsewhere or implied by trade custom or practice or course of dealing.
  • Charter Jet Airlines has entered into this agreement acting only to seek, procure and co-ordinate the scheduled flight and shall use reasonable commercial endeavors to complete in accordance with the Charter Itinerary the journey or journeys therein specified but shall be entitled to depart from the Charter Itinerary if in its opinion in good faith such departure is necessary and any additional expenses (including the fees and charges referred to herein) shall be borne by the Client.
  • Charter Jet Airlines is not an air carrier nor does it own any aircraft. Charter Jet Airlines does not have authority from the DOT, FAA or any other government agency to operate any aircraft, nor is Charter Jet Airlines engaged in the business of maintaining, owning, repairing, or evaluating the physical condition of any aircraft. Charter Jet Airlines is solely in the business of brokering aircraft on behalf of our clients. Charter Jet Airlines shall not accept and hereby excludes any and all liability whatsoever for wounding bodily injury or delay of the Client or for loss, delay of or damage to their baggage or of loss, delay of or damage to cargo whether or not occasioned by the negligence of Charter Jet Airlines, its employees servants or agents. Charter Jet Airlines takes no responsibility whatsoever for any costs arising after the arrival, scheduled or delayed, at the destination.

 

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  1. SAFETY OF OPERATION:

Without limitation, you acknowledge and agree that the air charter suppliers and/or their pilots will be solely responsible for all decisions regarding safety determinations with respect to the commencement, operation and termination of flights. FORCE MAJEURE: Charter Jet Airlines will not be deemed to be in breach of its obligations hereunder or have any liability for any delay, cancellation or damage arising in whole or in part from any act of God, act of nature, acts of civil or military authority, strike or labor dispute, mechanical failure, lack of essential supplies or parts or for any cause beyond the direct control of Charter Jet Airlines or the carrier.

 

  1. DAMAGES:
  • Neither the air charter suppliers nor Charter Jet Airlines shall have liability or responsibility for delay, cancellation or failure to furnish any service to be provided to you when caused by mechanical difficulty, weather conditions, acts of god, war, civil commotion, strikes or labor disputes, government regulation, law, rule or authority, or any causes beyond their reasonable respective control
  • You assume all liability and responsibility for your safety, schedule, baggage, cargo, business and personal activities and financial ramifications associated with your air reservations and travel arranged by us and performed by the air charter suppliers;
  • You, your agents, guests or passengers or any employees, if applicable, shall not engage in any act or possess any substance or allow cargo to contain any substance which may result in the seizure or forfeiture, or unsafe operation of the aircraft used in the charter contracted for you by us;
  • Charter Jet Airlines makes no representations or warranties of any kind, either express or implied, as to any matter limited to, implied warranties of fitness for a particular purpose, merchantability or otherwise
  • If the Client’s journey involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention may be applicable and the 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.
  • You shall indemnify and hold harmless Charter Jet Airlines, its affiliates and all of their   officers, directors, employees, legal representatives and other agents, successors and assigns (the “indemnified parties”) from and against any and all liabilities, losses, damages, penalties, costs and expenses on account of any claim, suit, action, demand, proceeding or anything of a similar nature made or brought against any of the indemnified parties as a result of the services performed hereunder on your behalf.

 

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  •   IN NO EVENT WILL CHARTER JET AIRLINES BE LIABLE FOR ANY TYPE OF INDIRECT,  INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN CONTRACT OR IN TORT, EXCEEDING THE FEES EARNED BY CHARTER JET AIRLINES FOR THE FLIGHT IN QUESTION. CLIENT WILL INDEMNIFY AND HOLD CHARTER JET AIRLINES HARMLESS AGAINST ANY LOSS, DAMAGE OR EXPENSE INCURRED BY CHARTER JET AIRLINES BY REASON OF ANY ACTION OR OMISSION OF CLIENT, ITS EMPLOYEES, AGENTS AND GUESTS. FURTHERMORE, CLIENT AGREES TO PAY FOR ANY DAMAGE TO THE CHARTER AIRCRAFT CAUSED BY CLIENT, OR ANY EMPLOYEE OR GUEST OF CLIENT, NORMAL WEAR AND TEAR EXCLUDED.
  •  This Agreement shall be subject to the laws of the State of Florida and all legal actions        between the parties on or related to this Agreement shall be brought only in the State of Florida, County of Miami-Dade. Each party consents to the jurisdiction of the courts of Miami-Dade County, Florida.
  • Limitation of Liability: Charter Jet Airlines shall not be held liable for loss, injury, damage, delay or cancellation caused by or resulting from any act of God, economic or political sanctions, quarantine, failure or refusal on the part of any governmental agency to grant or issue approvals, clearance, permits or operating authority, rights or civil commotion, military emergency, war or war hazards, fuel shortages, weather conditions, mechanical breakdown, strikes or labor problems, or occurrences of similar or dissimilar nature which through no fault of Charter Jet Airlines shall prevent, delay or interrupt the furnishing or operation or performance of such transportation.

In the event of any such occurrence, Charter Jet Airlines will use commercially reasonable efforts to provide other aircraft to meet Client’s scheduled flight. Charter Jet Airlines shall not be responsible or liable for the transportation of passengers who fail to report at the specified Fixed Based Operator (FBO) at the departure airport, at the departure time of the flight, or who are, through no fault of Charter Jet Airlines, not aboard at the time of departure. If one or more members of one group fail to so report or board, Carrier may depart as scheduled and Carrier and/or Charter Jet Airlines shall in no way be responsible for or to Client or such individual for any damages and Charter Jet Airlines shall be deemed to have completed its contractual obligation to Client. Charter Jet Airlines

SHALL NOT BE LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY (A) CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR RELIANCE DAMAGES; (B) AMOUNTS IN EXCESS OF THE PRICE PAID FOR A PARTICULAR FLIGHT; OR (C) MATTER BEYOND ITS REASONABLE CONTROL.

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Charter Jet Airlines shall not have, nor assume any responsibility or liability to Client for activities performed by Carrier. Carrier shall be solely responsible for all claims arising out of any and all occurrences, accidents or incidents that occur on or in connection with the aircraft operated by Carrier, including, without limitation, all personal injuries, property damage or death. Charter Jet Airlines is not responsible for any wrongful, or negligent act or omission by Carrier or its personnel and is not responsible for any personal injury, property damage, accident, delay, inconvenience, or change in itinerary that may occur.

These limitations shall apply notwithstanding the failure of the essential purpose of any limited remedy. Client agrees that Client shall indemnify, defend, and hold harmless Charter Jet Airlines and Charter Jet Airlines officers, directors, agents and employees, and each of them (collectively the “Indemnitee(s)”) from and against all claims, suits, actions, judgments, fines, penalties, damages, losses and liabilities, including, but not limited to third party claims and reasonable attorneys’ fees, costs of litigation, and other expenses relating thereto, including the cost of establishing the right of indemnification under this Agreement, which arise out of or are in connection with activities associated with this Agreement, which are made, asserted, assessed, or accrued against any Indemnitee by reason of injury or death to any person or the loss or damage to any real or personal property. The foregoing indemnities shall not apply to the extent of any gross negligence

or willful misconduct of any Indemnitee.

  1.  REGULATIONS:
  • This Agreement is subject to all applicable  governmental laws, rules, regulations, approvals and certifications in effect from time to time including, but not limited to, those promulgated by the FAA, which now or hereafter may be imposed or required. This Agreement is governed by the law.
  • of the State of Florida. The illegality or non-validity of any paragraph, clause or provision contained or referred to in this Agreement shall not affect or invalidate any other paragraph or provision hereof. It is understood and agreed that this Agreement contains the entire agreement of the parties with respect to the subject matter hereof. No terms or provisions of this Agreement may be changed except by written instrument signed by both parties.

 

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  1. You assume all liability and responsibility for your safety, schedule, baggage, cargo, business and personal activities and financial ramifications associated with your air reservations and travel arranged by us and performed by the air charter suppliers;

I hereby agree and accept these terms and conditions.

 

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