LEGAL TERMS AND CONDITIONS! THIS PAGE IS DONE IN GOOD FAITH AND LEGAL TERMS MAY APPLY.
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LEGAL TERMS AND CONDITIONS! Aircraft Aviation Services! Aircraft all F.A.A Part 135 Registered.
LEGAL TERMS AND CONDITIONS! Aircraft Charter a Private Plane! Federal Aviation Administration (FAA) Part 135 Supervised.
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"Engagement,"Reservations 1,"Reservations 2,"Price Quotes,"Payment Terms,"Operations,"Performance & Catering,"Safety Of Operation,"Force Majeure,"Damages 1,"Damages 2,"Regulations,"Termination,"Exclusions Or Omissions,"Choice Of Law,"Enforceability Of Provisions,"Entire Agreement,"Attorney’s Fees,"Counterparts,"Waiver,"Indemnification,"Arbitration."
Client referred to herein as “Client” or “you” hereby engages "Central Jet Charter Inc.," New York City, New York, 10457 to act as a broker to arrange for the charter services described on the Quote, and Charter Itinerary. The Standard Terms and conditions are annexed on behalf of the Client from third party certified air carriers operating under "Part 135 of the Federal Aviation Administration" herein (FAA) Regulations (Section 14, Code of Federal Regulations).
1. "Reservations & Cancellations"
A) "All requests for services are subject to acceptance by "Central Jet Charter Inc." hereby expressly reserves the right to accept or reject any reservation at any time for any reason, or for no reason at all whatsoever. You Charter Itinerary will be delivered by email from "Central Jet Charter Inc.," providing a confirmation number and the details of the trip. There will also be a quote with the details of the trip and credit card authorization form which Authorizes us to charge the clients credit card if payment is not received. The itinerary will provide the specific dates and times of departure of the trip, flight segments, and specific time of departure for both-legs, the aircraft type, and other requests specified by you when booking your flight. You will be requested to sign and return a copy of the "Charter Quote" and Credit card Authorization form along with this binding Charter Broker Agreement. You will be requested to sign this Charter Broker Agreement signifying confirmation of its contents and consent to the quote, credit card authorization form and to these Standard Terms and Conditions."
B) "Client understands and acknowledges that the cancellation of any Reservation or portion thereof with seven calendar days of the scheduled domestic trip or ten calendar days of departure date of an international trip will result in a cancellation penalty charge of up to 100% of the quoted price for the trip. Confirmed departures with 10 days of Peak Travel Days as defined below are non-refundable, along with one ways trips. "ALL ONE WAYS THAT ARE CANCELLED HAVE A 100% CANCELLATION CHARGE."
C) "Client acknowledges that any change in date, time, itinerary, number of passengers or type of aircraft may be deemed a cancellation and be subject to a cancellation charge. Client acknowledges that a “No Show” will be considered a cancellation and the client will be charged 100% of the cost of the trip. Other types of cancellation charges may include, but not limited to: costs incurred for specifically positioning and repositioning an Aircraft and Flight crew in preparation of the cancelled trip. Flight charges equivalent to two hours of operation for each day of the cancelled itinerary, or any fees incurred by "Central Jet Charter Inc." as a result of the client’s cancellation."
D) "Central Jet Charter Inc." reserves the right to change the terms of its cancellation policy at any time. If the client is over two hours late for a trip the client can be charged 100% of the quote price for the trip. Any cancellation of any confirmed Charter Itinerary or portion thereof may be subject to the terms and conditions of the specific air carrier selected and to "Central Jet Charter Inc." Standard Terms and Conditions."
2. "Reservations & Cancellations"
(E) "Central Jet Charter Inc." assumes no responsibility whatsoever for the disposition or cancellation of any reservation, either by the Client or carrier. "ALL ONE WAY CHRTER RESERVATIONS ARE NON-CANCELABLE AND NON-REFUNDABLE AND ARE SUBJECT TO A 100% CANCELLATION FEE AT TIME OF BOOKING."
(F) Client will not be charged for flights cancelled more five calendar days prior to departure of a domestic trip and more than seven days prior to a the departure of an international trip, except for those expenses or cancellation fees specifically incurred by "Central Jet Charter Inc." in preparation for such Flights, or except for those instances when an advance deposit is required and Client has been informed of the cancellation fee.
(G) "Peak travel days include the following: New Year’s Day, President’s Day, Easter Sunday, Passover, Memorial Day, Fourth of July, Labor Day, Thanksgiving, Christmas, Super Bowl. The term “Peak Travel Days” includes the day noted, as well as the four days prior and two days after each peak travel day mentioned above."
"The cost estimate provided to the Client for each specific Charter Itinerary, is subject to the following:"
(A) "Domestic and international Flights may be subject to the federal excise tax and federal departure tax, respectively. "Central Jet Charter Inc." will add the applicable tax, using the current rate, to each charter invoice, and Client will pay such amounts."
(B) "Client understands that the cost estimate provided by "Central Jet Charter Inc." will include estimates for certain cost items. Client will pay the actual amount of applicable taxes, flight fees, fuel surcharges, over-flight permits, landing charges, catering costs, ground transportation, flight phone, customs fees, crew trip expenses, de-icing fees and similar out of pocket expenses relating to the services provided should these amounts differ from the original cost estimate provided on the quote."
(C) "If a deviation from the original itinerary is requested by the Client and agreed to by Central Jet Charter Inc., or if any such deviation is caused or necessitated by Clients actions, then the amount owed by Client to "Central Jet Charter Inc." may differ from the original cost estimate. Client hereby agrees to pay any and all charges associated with such deviations from the original cost estimate and/or Charter Itinerary."
"Client agrees to pay all costs, fees and expenses as set forth on the cost estimate quote and/or Charter Itinerary, as well as all additional costs and expenses associated with your flight (including, but not limited to, taxes, surcharges. Fees and any surprise charges that might arise and all fees listed above in Paragraph 3 section b. as well as damages that may arise during the flight because of the Client or passengers aboard the plane, and any damages as set for in Paragraph 8(g)."
(A) "Central Jet Charter Inc." may require either payment in advance or an acceptable credit card guarantee. By providing your credit card information, you authorize "Central Jet Charter Inc." to obtain payment from the issuer of the credit card you presented. If you do not make payment by another means, you agree to perform the obligations set forth I your agreement with your credit card issuer. However you will only be charged if "Central Jet Charter Inc." fails to receive payment from you within seven (7) days after receipt of an itemized invoice sent to you for completion of your flight. We may give additional time and reserve the right to give the Client additional time to pay."
(B) "Client will pay Central Jet Charter Inc. the rate of the lower part of two percent per month, or the highest percentage permitted by law on any charges outstanding more than 30 days after receipt of the invoice, plus the reasonable costs (including attorney's fees) for the collection of any past fees that are due, expenses and chargers there under."
"Acknowledgement Of Operations."
"Client acknowledges that "Central Jet Charter Inc." is acting solely as a broker and is not an air carrier. Client acknowledges that "Central Jet Charter Inc." does not operate the flights or provide the other services that Client authorizes "Central Jet Charter Inc." to book on the Client’s behalf. Client further acknowledges that the air charter suppliers have sole responsibility, liability and control of all aspects of the aircraft charter services provided to the Client, including without limitation, aircraft availability and pricing, the commencement and termination of scheduled flights, the operation, regulation, condition and safety for the flights passengers, baggage and cargo and other people and events associated with Client’s Air travel, such as crew."
"Performance & Catering Services."
"Central Jet Charter Inc." has no legal responsibility with any problems with regards to the trip and the plane. All Jets are operated under "part 135 of the Federal Aviation Administration."
"Safety Of Operation."
"Without limitation, you acknowledge and agree that the air charter suppliers and/or their pilots, crew members, 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 "Central Jet Charter Inc." bears no responsibility for decisions regarding such safety determinations, and Client agrees to hold Central Jet Charter Inc. harmless from any and all consequences resulting from decisions regarding such safety determinations."
"Central Jet Charter Inc." will not be deemed to be in breach of its obligations hereunder or have any liability or responsibility for any delay, cancellation or damage arising in whole or in part from any weather condition, act of God, act of nature, acts of civil or military authority, civil commotion, war or warlike operations, terrorist event, or imminence thereof, strike or labor dispute, blockage, embargo, government regulation, law, rule or authority, acts or omissions of government authorities, breakdown or accident to the aircraft, mechanical failure, lack of essential supplies or parts or if the safety of the passengers and/or property is deemed by the aircraft commander or carrier’s operational supervisors to be in jeopardy, or for any cause beyond the direct control of Central Jet Charter Inc.
"Exclusions Or Omissions."
"Central Jet Charter Inc." will be indemnified and held harmless by Client for any misrepresentations presented by the carriers, on "Centraljetcharter.com" website or otherwise. Any exclusions or omissions either express or implied are not the responsibility of "Central Jet Charter Inc."
"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 New York, both procedure and substantive, without regard to the principles of conflicts of laws."
"Enforceability Of Provisions."
"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. If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect."
"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 Central Jet Charter Inc. 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."
(A) "Any terms and conditions contained within the Charter Itinerary are incorporated by reference here in. The Parties acknowledge that no other party, or any agent or attorney of any other party, has made any promise, representation 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 instrument in reliance on any such promise, representation or warranty not contained herein, and further acknowledge that there are no other agreements or understanding between the Parties relating to this Agreement that are not contained herein."
"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 breach of this Agreement, could make him or her liable in a complaint, cross-complaint or counter claim for all resulting damages, including attorney’s fees and legal expenses."
"This Agreement may be executed in one or more counterparts, each of which shall be deemed to be duplicate originals, and one of the same Agreement. Facsimile signatures shall be considered original, legal and biding signature."
"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."
"Client agrees to indemnify, hold harmless and defend Central Jet Charter Inc., 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 actions, 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."
(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 its interpretation or any breach thereof shall be determined and settled by arbitration in New York City by a sole arbitrator having substantial experience in matters of this nature pursuant to the commercial arbitration rule and regulations, then obtaining of the American Arbitration Association and any award rendered therein shall be final and conclusive upon the parties, and a judgment hereon may be entered in the highest court 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 hereunder may be effectuated by either person service or by certified or registered mail to the respective addresses provided herein."
"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."
"In the event of the termination of this Agreement due to default by Client, "Central Jet Charter Inc." may cease to provide all remaining services under this Agreement and shall have all right to bring an action or 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). "Central Jet Charter Inc." reserves the right, in its sole discretion to suspend Charter Services 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."
(A) "Neither the air charter suppliers nor Central Jet Charter Inc. shall have liability or responsibility for the delay, cancellation or failure to furnish any service to be provided to you when caused by mechanical difficulty, weather conditions, acts of God, acts of nature, acts of civil or military authority, civil commotion, war or warlike operations, terrorist acts, or imminence thereof, strikes or labor disputes, blockade, embargo, government regulation, 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 carrier’s operational 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 by us at "Central Jet Charter Inc." and performed by the air charger suppliers."
(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 us; "Central Jet Charter Inc."
(D) "Central Jet Charter Inc." 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."
(E) "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."
(F) "You shall indemnify and hold harmless "Central Jet Charter Inc.", 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 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."
(G) "IN NO EVENT WILL "Central Jet Charter Inc." BE LIABLE FOR ANY TYPE OF INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN CONTRACT OR IN TORT. CLIENT WILL INDEMNIFY AND HOLD CENTRAL JET CHARTER Inc., HARMELSS AGAINST ANY LOSS, DAMAGE OR EXPENSE INCURRED BY CENTRAL JET CHARTER Inc. BY REASON OF ANY ACTIONS OR OMISSION OR CLIENT, ITS EMPLOYEES AND AGENTS."
(H) "PASSENGERS AND GUESTS. FURTHERMORE, CLIENT AGREES TO PAY FOR ANY DAMAGE TO THE CHARTER AIRCRAFT CAUSED BY THE CLIENT, ANY EMPLOYEE, AGENT, PASSENGER OR GUEST OF CLIENT, NORMAL WEAR AND TEAR EXCLUDED."
(B) "Submission to Jurisdiction – By execution and delivery of this Agreement, the parties each respectively accept, for itself and its property, generally and unconditionally, the jurisdiction of the American Arbitration Association, and agree to be bound by any judgment rendered thereby and in connection with this Agreement, and waive any objection either party may now or hereafter have as to the venue of any 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 such mailing. Nothing herein shall affect either party’s right to service of process in any other manner prescribed by law. By signing this Agreement, the Client hereby agrees to all terms and conditions contained with this Charter Broker Agreement for purposes of each and every flight charted and/or arranged Central Jet Charter Inc."
At centraljetcharter.com/legal.html you can have additional information by just calling. There is no fee for any information requested about our Legal Terms and Conditions.
EVERYTHING WE DO IS IN THE BEST INTEREST OF OUR CLIENTS. WE ABIDE BY THE (FAA) FEDERAL AVIATION ASSOCIATION PART 135.
Central Jet Charter Inc., can also be reached us at "centralflightcharter.com"
If you need a "Helicopter Charter Flight" you can reach us at "helicopteraircharter.com"