Standard Terms and Conditions
1) ENGAGEMENT: Client (referred to herein as “Client” or “You” hereby engages EX JETS LLC, to act as its broker to arrange for the charter services described on the charter quotation, to which these Standard Terms & Conditions are annexed, on behalf of Client from third party certified air carriers operating under Part 135 or Part 121 of the Federal Aviation Administration (“FAA”) Regulations (Section 14, Code of Federal Regulations) or foreign equivalent.
2) Reservations & Cancellations:
a) All requests for services are subject to acceptance by Ex Jets. Ex Jets hereby expressly reserves the right to accept or reject any reservation requests for any reason, or for no reason, whatsoever. Attached is your charter quotation which included an estimated price for your charter services being arranged. Your charter itinerary will be delivered by email or fax from Ex Jets which will provide a confirmation of your reservation, specifying the date(s) and estimated departure time of travel, flight segments arranged on your behalf, aircraft type, and other requests specified by you when booking your flight. b) Client understands and acknowledges that the cancellation of reservation of portion thereof within 3 Days of the scheduled departure date of the scheduled trip will result in a cancellation charge of 100% of the quoted price of the trip. ALL ONE-WAY CHARTER RESERVATIONS ARE NON-CANCELABLE AND NON-REFUNDABLE AND ARE SUBJECT TO A 100% CANCELLATION FEE AT TIME OF BOOKING. 100% cancelation fees apply to any charter flight whether one-way, round trip or multi-stop upon booking during peak travel periods. For the purpose of this arrangement, a “Peak travel period” is defined as five (5) days prior until five (5) days after any official US Federal Holidays listed on www.opm.gov and in addition the following days: Easter Sunday, Passover, Super Bowl. Ex Jets reserves the right to determine peak day charters. Client acknowledges that a “no show” or being more than 90 minutes late for departure will be considered a cancellation and the diem will be charged 100% of the cost of the trip unless prior arrangement has been made with and approved by Ex Jets. Other additional cancellation charges may include, but are not limited to: costs incurred as a result of partial completion of itinerary, including but not limited to returning aircraft to its base plus the greater of (i) costs incurred for specifically positioning and repositioning an aircraft and flight crew in preparation for the cancelled trip, (ii) flight charges equivalent to two hours of operation for each day of the cancelled itinerary, or (iii) any fees incurred by Ex Jets as a result of the clients cancellation. Ex Jets reserves the right to change the terms of its cancellation policy at any time. Any cancellation of any confirmed reservation/charter itinerary or portion thereof may be subject to the terms and conditions of the specific air carrier selected. Ex Jets assumes no responsibility for the disposition or cancellation of any reservation, either by client or by air carrier. c) Client will not be charged for round-trip or multi-stop flights cancelled more than 7 Days prior to departure date, except for those expenses or cancellation fees specifically incurred by Ex Jets in preparations for such flights, or except for those instances when the advance deposit is required and client has been informed of the cancellation fee.
3) PRICE QUOTES: The charter quotation provided to client for each specific reservation is subject to the following:
a) Domestic and international flights may be subject to Federal Excise tax (“FET’) and Segment Fees, respectively. Segment fees are a government tax and are calculated based on the number of passengers flying per leg. Ex Jets will add the applicable taxes and fees using the current rate to each charter quotation and client will pay such amount.
b) Client understands that the charter quotation provided by Ex Jets will included
estimates for certain cost items. Client will pay the actual amount of applicable taxes, flight fees, fuel surcharges, over-flight permits, customs clearance. Please note that the total cost of the trip may be affected due to additional fees such as additional flight time due to ATC delays, weather delays, waiting time, additional fuel surcharges, international fees, charges and de-icing fees during inclement weather, catering, ground transportation, flight phone charges, flight WI-FI charges, taxes, airspace and landing fees (cost at which we cannot control) which will be billed at cost. Additional charges may apply due to changes in schedule or customs clearance availability that are outside the control of Ex Jets., customs fees, crew trip expenses relating to the services provided should these amounts differ from the original cost estimated on the charter quotation.
c) If client requests a particular FBO, a surcharge may be applicable in the equivalent of additional ramp, handling, and parking charges and fuel cost per gallon differential to the preferred FBO selected by operator.
4) PAYMENT TERMS: Client agrees to pay all costs, fees and expenses set forth on the charter quotation, as well as all additional costs and expenses associated with your flight reservation (including but not limited to, taxes, surcharges and fees set forth in Paragraph 3, above and damages as set forth in Paragraph 8(g) below. Ex Jets requires payment in FULL for all anticipated charges 5 Days prior to trip departure via Bank Wire Transfer or credit card. All funds must be payable in US dollars. You may choose to pay via Bank Wire Transfer in accordance with the wire transfer instructions noted in the “Bank Wire Transfer Instructions” section (must clear Ex Jets bank account before the aircraft is dispatched) or by using a credit card. Should you choose to pay for your flight via credit card, you will be forfeiting the 4% cash discount. By providing your credit card information, you authorize Ex Jets to obtain payment from the issuer of the credit card you presented.
5) AIRCRAFT OPERATION: Client acknowledges that Ex Jets is acting SOLELY as a broker and is NOT
a direct or indirect air carrier. Client acknowledges EX JETS does not operate the flights and THE OPERATOR WILL HAVE COMPLETE OPERATIONAL CONTROL OF THE AIRCRAFT FOR THE DURATION OF THE FLIGHT. Contracted aircraft are operated under their respective FAR Part 135 or 121 or foreign equivalent Air Carrier Certificates, in which case client shall hold harmless and shall indemnify Ex Jets against any and all losses. Client authorizes Ex Jets to book on clients behalf. The aircraft tail number and aircraft will be provided in the final itinerary, which is provided one (1) business day prior to departure.
6) AIRCRAFT SAFETY: Without limitation, client acknowledges and agrees that the air
carrier and/or their pilots, crewmembers, employees and/or agents will be SOLELY responsible for all decisions regarding safety determinations with respect to the commencement, operation and termination of flights. Client further acknowledges that Ex Jets bears no responsibility for decisions regarding such safety determinations, and Client agrees to hold Ex Jets HARMLESS from any and all consequences resulting from decisions regarding such safety determinations.
7) FORCE MAJEURE: Ex Jets will NOT be deemed to be in breach of its obligations here- under or have any liability or responsibility for any delay, cancellation or damage arising in whole or in part from any weather conditions, Act of God, act of nature, acts of civil or military authority, civil commotion, war or warlike operations or imminence thereof, strike of labor dispute, blockade, embargo, government regulations, law, rule or authority, acts or omissions of government authorities, including all civil aviation authorities, requisition of aircraft by public authorities, breakdown or accident to the aircraft, mechanical failure, lack of essential supplies, or parts, or if the safety of passengers and/or property is deemed by the aircraft commander or the carriers operational supervisors to be in jeopardy or for any cause beyond the direct control of Ex Jets. In the case of an unforeseen mechanical or scheduling conflict unrelated to Ex Jets or Client, Ex Jets cannot commit to the price listed within this contract; in this case, Ex Jets will make a reasonable effort to provide a competitive backup solution. Additional charges may apply.
8) DAMAGES:
a) In the event of a mechanical failure Ex Jets will work directly with the air carrier to help provide a recovery aircraft whether in the carriers fleet or out of the air carrier fleet. Neither Ex Jets or the air carrier shall be held responsible for cancellation or failure to furnish any service to be provided to you when caused by weather conditions, acts of God, acts of nature, acts of civil or military authority, civil commotion, war or warlike operations or imminence thereof, strikes of labor disputes, blockade, embargo, government regulation, law, rule or authority, acts of omissions of government authorities including all civil aviation authorities, requisition of aircraft by public authorities,accident to the aircraft, lack of essential supplies, or if the safety of passengers and/or property is deemed by the aircraft commander or the carriers operation supervisors to be in jeopardy, or for any causes beyond their reasonable respective control.
b) 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 and performed by the air carrier.
c) 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 Ex Jets. If you will be transporting medical oxygen, firearms, or other hazardous materials you must communicate this beforehand to Ex Jets and receive written approval.
d) Ex Jets makes no representations or warranties of any kind, either expressed or implied, as to any matter limited too, implied warranties of fitness for a particular purpose, merchantability or otherwise.
e) If the clients journey involves an ultimate destination or stop in a country other
than the country of departure, the Warsaw Convention maybe applicable and the Convention governs and in most cases limits the liability of the Air Carrier for death or personal injury and for loss or damage to baggage.
f) You shall indemnify and hold harmless Ex Jets, together with, but not limited to, its affiliates, subsidiaries, parent corporations, successors or assigns, and any present or former officers, directors, shareholders, employee, agents. legal representatives or attorneys, (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 here under your behalf.
g) In no event will EX JETS be liable for any type of indirect, incidental or
consequential damages, whether arising in contract or in tort. Client will indemnify and hold EX JETS harmless against any loss, damage or expense by reason of any action or mission of client, its employees, agents, passengers and guests. Furthermore, client agrees to pay for any damages to the charter aircraft caused by client, or any employee, agent, passenger or guest of client, normal wear and tear excluded. Client will be billed for any cleaning and/or repair charges incurred.
9) REGULATIONS: This agreement is subject to all applicable 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.
10) TERMINATION: In the event of the termination of this agreement due to default by client, EX JETS may cease to provide all remaining services under this agreement and shall have all right to bring an action of claim against client for all sums which may be due and owing hereunder and to pursue all other remedies available to it at law or in equity (including, without limitation, attorney’s fees, costs and expenses). EX JETS reserves the right, in its sole discretion, to suspend all reservations/charter itineraries hereunder during any period provided for curing the default by client. Notwithstanding the foregoing. Client shall remain liable and responsible for all payment obligations under this agreement.
11) EXCLUSIONS OR OMISSIONS:
EX JETS will be indemnified and held harmless by client for any misrepresentation presented by the air carrier, on EX JETS website or otherwise. Any exclusions or omissions either express or implied are not responsibility of EX JETS.
12) CHOICE OF LAW: This agreement shall be construed, interpreted and enforced in accordance with, and shall be governed by the laws of the state of Massachusetts, both procedural and substantive, without regard to the principles of conflicts of laws.
13) UNENFORCEABILITY OF PROVISIONS:
The legality 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. If any provision of this agreement, or any portion thereof, is held be invalid and unenforceable, then the remainder of this agreement shall nevertheless remain in full force and effect.
14) ENTIRE AGREEMENT:
This agreement constitutes the entire agreement and understanding of the parties and no amendment, modification or waiver of any provision herein shall be effective unless in writing and executed by EX JETS and client. Any and all prior agreements, understandings, and representations are hereby terminated and cancelled in their entirety and are of no further force and effect. Any terms and conditions obtained within the charter quotation or charter broker agreement are incorporated by the reference herein. The parties acknowledges that no other party, or any agent or attorney of any other party has made any promise, representations or warranty whatsoever, express or implied, not contained herein concerning the subject matter hereof, to induce them to execute this agreement and acknowledge that they have not executed this immanent in reliance on any such promise, representations or warranty not contained herein, and further acknowledges that there are no other agreements or understanding between parties relating to this agreement that are not contains herein.
15) ATTORNEY FEES:
The client understands and agrees that any breach of this agreement, or any action cause, claim, damage, demand or liability arising from his or her breath of this agreement, could make him or her liable in a complaint, cross-complaint or counterclaim for all resulting damages, including attorney fees and legal expenses.
16) COUNTERPARTS:
This agreement may be executed in one or more counterparts, each of
which shall be deemed to be duplicate originals, and one and the same agreement, facsimile or emailed signatures shall be considered original, legal and binding signatures.
17) WAIVER:
Waiver by one party hereto of breach of any provision of this agreement by
the other shall not operate or be construed as a continuing waiver.
18) Indemnifications:
Client agrees to indemnify, hold harness and defend EX JETS together with, but not limited to, its affiliates, subsidiaries, parent corporations, successors or assigns, and any present or former officers, directors, shareholders, employees, agents. legal representatives or attorneys (the “indemnified parties”) from and against any and all action, causes, claims, damages, losses, penalties, demands obligations or liabilities, expenses or disbursements (including without limitation, reasonable costs and attorney’s fees), asserted by any third party arising out of or relating to this agreement.
19) ARBITRATION:
a) American Arbitration Association- Any dispute arising out of, in connection with, or in relation to this agreement or the making or validity thereof or interpretation or any breach thereof shall be determined and settled by arbitration in Massachusetts by a sole arbitrator having substantial experience in matters of this nature pursuant to the commercial arbitration rules and regulations then obtaining of the American Arbitration Association and any award rendered therein shall be final and conclusive upon the parties, and a judgement thereon may be entered in the highest coal of the forum, state, or federal having jurisdiction. The service of any notice, process, motion or other document in connection with an arbitration award under this agreement or for the enforcement of an arbitration award or for the enforcement of an arbitration award or for the enforcement of an arbitration award hereunder may be effectuated by either personal service or by certified or registered mail to the respective addresses provided herein.
b) Submission to jurisdiction – By execution and delivery of this agreement, the parties each respectively accept, for itself and its property, generally and conditionally, the justification of the American Arbitration Association and agree to be bound by any judgement rendered thereby and in connection with this agreement and waive any objection either party may now or hereafter have as to the venue of such action or proceeding. Each party hereto hereby consents to the service of process in the Arbitration by mailing copies thereof by certified mail, postage prepaid, such service to become effective three (3) business days after either party’s right to service of process in any other manner prescribed by law.
20) DOCUMENTATION: A government issued photo ID is required prior to boarding.
Boarding will be denied to any passenger without proper documentation when such is required by law or customs. All passengers are required to carry a passport when travelling internationally. Pet must have proper documents on international flights. All documents required for international travel must be presented to the flight crew for review prior to boarding.
By signing below, Client hereby agrees to and acknowledges the following:
1. This charter reservation and all future reparations arranged for the client by EX JETS are subject to the “Charter Broker Agreement: Standard Terms and Conditions” until client is notified by EX JETS of change in terms.
2. Client has been provided with, and has had the opportunity to review, a copy of the “Charter Broker Agreement: Standard Terms and Conditions” by and between client and EX JETS with respect to all reservations arranged by EX JETS for the benefit of client.