TERMS AND CONDITIONS OF CHARTER
The terms and conditions relating to booking, operation of, and payment for a charter flight through Executive Flight Support Inc. (“EFS”) on behalf of its client (“Client”) are set forth below. EFS and Client are sometimes referred to in these terms and conditions together as the “Parties” and each is a “Party.”
OPEN CHARTER. These terms and conditions shall apply to all charter flights arranged by EFS for Client and shall remain in full force and effect until terminated in writing by either Party in accordance with these terms and conditions. These terms and conditions do not constitute a commitment on the part of either Party for any specific charter flight unless and until a confirmation of a quote for a charter flight (a “Confirmation”) is delivered to Client by EFS and accepted by Client, at which time the Parties will be bound by and subject to these terms and conditions and any special provisions set forth in the Confirmation. Client is appointing EFS as its agent to arrange for transportation provided by a EFS -approved entity that provides or offers to provide air transportation and who has control over the operational functions performed in providing that air transportation, in accordance with Federal Aviation Administration (“FAA”) and Department of Transportation (“DOT”) laws, rules and regulations (a “Direct Air Carrier”).
COSTS. Pricing and Incidental Fees. Flight charges will be computed and invoiced based on the estimated amounts quoted by EFS for specific flights. Flight charges and costs vary for specific aircraft types and may differ from the quoted estimate up until the time of Confirmation. Additional expenses, as incurred, such as additional flight time, fuel surcharges, catering, ground transportation, flight phone/WiFi, hangar, de-icing, international fees, crew overnights, flight attendant, etc., will be the responsibility of Client and may be added to the invoice or billed separately.
TAXES. Client shall pay all applicable taxes related to the operation of the aircraft for the chartered flight, including but not limited to: (i) federal and state excise taxes; (ii) leg segment taxes; (iii) international departure and arrival taxes; and (iv) other fees, taxes or charges imposed by any governmental or airport authority.
PAYMENT. Client shall supply EFS with all credit information reasonably requested by EFS in order to secure the itinerary requested by Client. Client shall be required to prepay the amount of the entire quoted itinerary for a flight. All invoices for additional expenses that are not paid within ten (10) days of the invoice date shall be subject to interest at the rate of 1.5% per month on all amounts outstanding after the expiration of the ten (10) day period, plus all costs of collection (including, without limitation, attorney’s fees). Client shall promptly pay any undisputed amounts while EFS and Client apply their commercially reasonable efforts to resolve any differences related to the balance of an invoice.
OPERATION. Flights will be operated by a certified Direct Air Carrier licensed by the Federal Aviation Administration with authority from the DOT. Flights will be operated in accordance with Federal Aviation Regulations (“FAR”) Part 135 and the Direct Air Carrier will have operational control at all times. If the Direct Air Carrier, in its sole discretion, believes that the safety of the flight may be jeopardized for any reason, the flight may be terminated or refused to commence without any special, consequential, or incidental liability for loss, injury, damage, or expenses occasioned by such termination or refusal. Client shall, at the time of Confirmation, inform EFS of any allergies, medical restrictions and/or dietary needs of any passenger. EFS shall use reasonable efforts to inform Client of any cargo, refreshment, passenger or other restrictions or limitations applicable to aircraft to be used for a specific charter; provided, however, that any such restrictions or limitations shall be in addition to, and not in lieu of, any applicable rules, regulations, approvals, and certifications as provided in the section below headed “Regulations; Identification.” Flight range capability may vary based on the weight of the passengers and their baggage, distance, weather, airport altitude and runway length. Smoking and the use of illegal drugs are not permitted on charter flights arranged by EFS.
REGULATIONS; IDENTIFICATION. These terms and conditions are subject to all applicable rules, regulations, approvals, and certifications in effect which may include, but are not limited to, those promulgated by the DOT, the FAA, and the Transportation Security Administration and that now or hereafter may be imposed or required.
Prior to boarding, all passengers must provide to the Direct Air Carrier at least one form of government-issued photo identification (federal or state) reasonably acceptable to the Direct Air Carrier in its sole discretion. Client is responsible for informing all passengers of the requirement to provide valid proof of identification and/or citizenship prior to boarding, and EFS shall not be liable for its reasonable refusal to board any passenger who fails to provide appropriate identification sufficient for current government regulations, including passport and visa requirements. In addition, minors (individuals under the age of 18 years old on the date of flight) traveling internationally without both custodial parents will require a signed and notarized letter authorizing the travel of the minor from the absent custodial parent(s). The written consent should expressly state the flight itinerary and the absentee custodial parent’s signature should expressly permit the minor child/children to fly to the applicable destination for the applicable time period. In cases of sole custody, legal proof of sole guardianship is required.
DISCLOSURES. EFS is an “Air Charter Broker” under DOT regulations. EFS acts as Client’s authorized agent, and in that capacity EFS will arrange transportation services with a Direct Air Carrier on Client’s behalf. Client will be the “Charterer” of such air transportation services under DOT regulations.
As an Air Charter Broker, EFS does not operate aircraft. For additional information on aircraft operation generally, see the section above headed “Operation.” Prior to the start of the flight, EFS will notify Client of the flight itinerary, tail number, legal name of the Direct Air Carrier, and any fictitious names, trade names or similar other names currently in use by the Direct Air Carrier.
CANCELLATION. Terms of cancellation, including the time in which a flight may be cancelled by Client without obligation and the fees and costs for which Client will otherwise be responsible, are as set forth in the flight quote documentation (or other accompanying or subsequent forms of documentation and communications) provided to Client by EFS. Acknowledgement and acceptance of the Client’s trip specific cancellation policy will be presumed upon EFS’s receipt of the Confirmation.
If Client cancels a flight after acceptance of a Confirmation, Client will immediately pay to EFS as agreed compensation for such cancellation 50% of the total price for such flight quoted in the Confirmation, plus 100% of any additional costs incurred by EFS in connection with the flight as of the date of the cancellation, provided that if Client cancels a flight within fourteen days or less of the flight’s scheduled departure date, Client will immediately pay to EFS as agreed compensation for such cancellation 100% of the total price for such flight quoted in the Confirmation, plus 100% of any additional costs incurred by EFS in connection with the flight as of the date of the cancellation. The foregoing general cancellation terms will be superseded in whole or in part as to a particular flight by any specific cancellation terms communicated by EFS to Client in writing (which writing may include without limitation a quote or a “Special Conditions” section included in these terms and conditions) in connection with such flight.
LIABILITY FOR DAMAGES. Client shall be liable for all damage to aircraft or property of the Direct Air Carrier or EFS caused by Client or any of Client’s employees, agents, representatives, or guests.
LIMITATION OF LIABILITY; NO WARRANTIES. EFS shall not be liable for delay, cancellation, or failure to furnish any transportation caused in whole or in part by any regulation, law, ordinance, or rule of any government or agency thereof or by acts of God, weather conditions, acts of terrorism, strike, or other labor dispute, damage to or loss of aircraft, mechanical difficulty, war, civil commotion, Client’s failure to confirm a reservation, or any other cause beyond the reasonable control of EFS.
Except to the extent covered by EFS’s non-owned aircraft liability insurance policy: (i) EFS shall not have nor assume any responsibility or liability to Client for activities performed by a Direct Air Carrier; (ii) the Direct Air 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 the Direct Air Carrier, including, without limitation, all personal injuries, property damage or wrongful death; and (iii) EFS is not responsible for any negligent act or omission by a Direct Air Carrier or its personnel and is not responsible for any personal injury, property damage, accident, delay, inconvenience, or change in itinerary that may occur. EFS shall not be liable for (a) any amounts in excess of the price paid for a particular flight; or (b) any result of a matter or occurrence beyond its reasonable control. IN NO EVENT SHALL EFS BE RESPONSIBLE, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR RELIANCE DAMAGES, INCLUDING LOSS OF PROFITS.
EFS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO ANY MATTER ARISING OUT OF THESE TERMS AND CONDITIONS OR THE SERVICES PROVIDED TO CLIENT OR ANY GUEST OF CLIENT; EFS HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE.
ASSIGNMENT; BINDING EFFECT. Neither Party may assign its rights or obligations, as described in these terms and conditions or in the Confirmation, relating to a confirmed flight without the prior written consent from the other Party; provided, however, that EFS shall have the right to assign its rights and obligations without Client’s written consent in the event of a sale of all or substantially all of EFS’s assets or equity interests, including by way of a merger. These terms and conditions shall apply to, shall inure to the benefit of, and be binding upon, the parties and their respective heirs, representatives, successors and assigns. Notwithstanding the foregoing, Client acknowledges that flights will be operated by approved EFS vendors, each as an individual FAR Part 135 air carrier with full operational control and each operating in full compliance with all FAA requirements and additional safety standards established by EFS. Such approved vendors shall be certified by the Federal Aviation Administration with authority from the United States Department of Transportation.
GOVERNING LAW. The enforcement of these terms and conditions shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.