Charter Agreement

Important Information To Know Before You Fly

Notes & Conditions

1. Additional fees may apply for customer selected FBO’s.

2. Catering, flight phone, de-icing, hanger, handling or any other additional services will be billed to customer separately.

3. Aircraft is subject to owner’s approval and availability at the time of booking.

4. Segment Fees will be billed at $4.00 – $17.50 per leg per passenger upon trips completion.

5. Confirmation of departure and arrival times or airport depends on weather and/or availability of slots.

6. Client will be billed after the trip’s completion for any additional cost related to fuel surcharges, weather delays, ATC delays, facility fees, flight permits, customs fees, or any other additional fees or taxes related to the trip not included in the initial charter price.

Special Arrangements

Upon request, Avian Jets, can arrange ground transportation, catering services and hotel stays; additional fees will then apply. Avian Jets will not be responsible for insurance requirements or liability issues. Avian Jets is not responsible for any lost or stolen items inside vehicles or aircraft. Desired transportation of any animals, materials or any other special requirements must be communicated before charter quotation is returned by Avian Jets. Smoking is strictly prohibited unless brokered aircraft specifically allows for it, and is arranged before booking of flight.

Charter Reservation Confirmation is Pending the Following:

1. Client agrees to the Terms & Conditions available at the time of booking on the Avian Jets app and website.

2. Client agrees to terms of the “Charter Agreement”

3. Front copy of cardholder’s driver’s license and passport.

4. Aircraft owner’s approval.

5. Aircraft & crew availability.

6. Payment received in full.

Charter Agreement

Client (referred to herein as “client” or “you” hereby engages Avian Jets LLC. (100 Old Settlers Road, Alstead NH 03602) a New Hampshire limited liability company (referred to herein as “Avian Jets”), to act as its broker to arrange for the charter services described on the booking summary, to which this Charter Agreement is 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 (hereinafter:  “Third Party Carrier”).

1. Reservations & Cancellations

1.1 All requests for services are subject to acceptance by Avian Jets. Avian Jets hereby expressly reserves the right to accept or reject any reservation requests for any reason, or for no reason, whatsoever. This agreement is attached to your Charter Quotations summary page which is available via the Avian Jets app or website and includes an estimated price for your charter services being arranged. Your charter itinerary will be delivered by Avian Jets via the Avian Jets app or e-mail. Avian Jets 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, itinerary, and other requests specified by you when booking your flight (“Reservation”).

1.2 Client understands and acknowledges that the cancellation of any Reservation or portion thereof within 96 hours of the scheduled departure date of the scheduled trip will result in a cancellation charge of 100% of the quoted price of the trip. Cancellation of any Reservation or portion thereof within 5-7 days of the scheduled departure date of the scheduled trip will result in a cancellation charge of 50% of the quoted price of the trip. Cancellation of any Reservation or portion thereof within 8-21 days of the scheduled departure date of the scheduled trip will result in a cancellation charge of 30% of the quoted price of the trip. Cancellation of any Reservation or portion thereof within 21 days or more from the scheduled departure date of the scheduled trip will result in a cancellation charge of 15% 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 THE TIME OF BOOKING. 100% cancellation 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 Agreement, a “Peak Travel Period” is defined as four (4) days prior to any official public holiday at either the departure or arrival destinations and until four (4) days after such date. In addition, the following days are included as Peak Travel Period: Easter Sunday, Passover, Super Bowl. Client acknowledges that any change in date, time, itinerary, number of passengers or type of aircraft may be deemed by Third Party Carrier or Avian Jets a cancelation and be subject to a cancellation charge. Client acknowledges that a “no show” or being more than 30 minutes late for scheduled departure will be considered a cancellation and the client will be charged 100% of the cost of the trip. Other additional cancellation charges may include, but are not limited to: cost 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 Avian Jets as a result of the client’s cancellation. Avian Jets reserves the right to change the terms of its cancellation policy at any time. Any cancellation of any Reservation or portion thereof may be subject to the terms and conditions of the specific air carrier selected. Avian Jets assumes no responsibility for the disposition or cancellation of any Reservation, either by client or by air carrier.

1.3 Client will pay additional expenses or cancellation fees specifically incurred by Avian Jets in preparation for such flights.

1.4 Administrative fees and non-member surcharges are non-refundable

2. Price

2.1 All flights may be subject to Taxes/VAT and Segment Fees in accordance with local governments at the departing and arrival destinations. Segment Fees are a government tax and are calculated based on the number of passengers flying per segment. Avian Jets will add the applicable taxes and fees using the current rate, to each charter price, and the client will pay such amount to Avian Jets which will then pay such taxes to the government charging the relevant taxes.

2.2 Client understands that the charter price provided by Avian Jets will include estimates for the following cost items, but that client will pay the actual amount thereof once known to Avian Jets and billed to customer of applicable taxes, flight fees, fuel surcharges, over-flight permits, and customs clearance. Please note that the total real 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 surcharge, international fees, hangar and de-icing fees during inclement weather, catering, ground transportation, hotel stays, flight phone charges, on board internet, taxes, airspace and landing fees (cost of which Avian Jets cannot control or estimate) and which will be billed to you at cost. Additional charges may also apply due to changes in schedule or customs clearance availability that are outside the control of Avian Jets, customs fees, crew trip expenses, and similar out-of-pocket expenses relating to the services provided should these amounts differ from the original cost estimated reflected on the charter price. Any additional charges may be billed to the client after the flights completion.

2.3 If a deviation from the original itinerary is requested by client and agreed to by Avian Jets, or if any such deviation is caused or necessitated by client’s actions, then the amount owed by client to Avian Jets may differ from the original cost estimate displayed on the charter price. Client hereby agrees to pay any and all charges associated with such deviations from the original charter price.

2.4 if client requests a particular FBO than the preferred FBO selected by the operator of the aircraft (“Operator”), a surcharge may be applicable in the equivalent of additional ramp, handling, and parking charges and fuel cost per gallon differential to the charges which would have applied had the preferred FBO selected by Operator been chosen.

3. Payment Terms

3.1 You agree to pay all costs, fees and expenses set forth on the booking summary, 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 section 3, and damages as set forth in section 8. Avian Jets requires pre-payment in full for all anticipated charges at the time of booking, via credit card or bank wire transfer. 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” which can be requested by the client (wire transfers must clear the Avian Jets bank account at least four (4) days before the aircraft is dispatched) or by using a credit card and a confirmation of payment from the credit card issuer is received. Should you choose to pay for your flight via credit card, you will be forfeiting the 5% cash discount. By providing your credit card information, you authorize Avian Jets to obtain payment from the issuer of the credit card you presented including payment for any actual charges as referred to in paragraph 3 above, damages as set forth in section 8 and any surcharges as referred to in section 3 and which were not estimated in the original quotation.  If you chose to pay by Bank Wire Transfer you must at all times submit credit card details to charge any actual charges and surcharges.

4. Aircraft Operations

4.1 Client acknowledges that Avian Jets is acting solely as a broker and is not a direct or indirect air carrier. Client acknowledges that Avian Jets does not operate the flights and THE OPERATOR WILL HAVE COMPLETE OPERATIONAL CONTROL OF THE AIRCRAFT FOR THE DURATION OF THE FLIGHT. In case there are any losses associated with the operation of contracted aircraft by the Operator and operated under their respective FAR 135 or 121 or foreign equivalent Air Carrier Certificates of the Operator, client shall hold harmless and shall indemnify Avian Jets against any and all losses. Client authorizes Avian Jets to book on client’s behalf. The aircraft tail number and aircraft Operator for your flight will be provided in the apps trip details, which is provided at least 1 business day prior to scheduled departure.

5. Aircraft Safety

5.1 Without limitation, you acknowledge and agree that the Operator and/or the pilots, crew members, employees and/or agents associated with the Operator will be solely responsible for all decisions regarding safety determinations with respect to the commencement, operation, followed routes and termination of flights. Client further acknowledges that Avian Jets bears no responsibility for decisions regarding such safety determinations, and client agrees to hold Avian Jets harmless from any and all consequences resulting from decisions regarding such safety determinations.

6. Force Majeure

6.1 Avian Jets 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 conditions, act of God, act of nature, acts of civil or military authority, civil commotion, war or warlike operations or imminence thereof, strike or labour dispute, 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 Operator or the relevant aircraft commander or the Third Party Carrier’s operational supervisors to be in jeopardy, or for any cause beyond the direct control of Avian Jets. In the case of an unforeseen mechanical or scheduling conflict unrelated to Avian Jets or client, Avian Jets cannot commit to the price listed within this contract. In this case, Avian Jets will make a reasonable effort to provide a competitive back-up solution. Additional charges may apply.

7. Damages

7.1 Neither the Third Party Air carrier nor the Operator nor Avian Jets shall have liability or responsibility for delay, cancellation or failure to furnish any service to be provided to you when caused by mechanical difficulty, mechanical failure, weather conditions, acts of God, acts of nature, acts of civil military authority, civil commotion, war or warlike operations or imminence thereof, strikes or labour 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, 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.

7.2 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 Avian Jets and performed by the air carrier.

You, your agent, 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 Agreement for you by Avian Jets. if you will be transporting medical oxygen, firearms or other hazardous materials you must communicate this beforehand to Avian Jets and receive written approval.

7.4 Avian Jets makes no representations or warranties of any kind, either expressed or implied, as to any matter limited to implied warranties of fitness for a particular purpose, merchantability or otherwise.

7.5 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 air carrier for death or personal injury and for loss or damage to baggage.

7.6 You shall indemnify and hold harmless Avian 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 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.

7.7 In no event will Avian Jets be liable for any type of indirect, incidental or consequential damages, whether arising in contract or in tort. Client will indemnify and hold Avian Jets harmless against any loss, damage or expense by reason of any action or omission of client, its employees, agents, passengers, and guests. Furthermore, client agrees to pay for any damage 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 necessary repair charges incurred. 

8. Regulations

8.1 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 or international equivalent, which now or hereafter may be imposed or required.

9. Termination

9.1 In the event of the termination of this agreement due to default by client, Avian 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, cost, and expenses) Avian Jets reserves the right, in its sole discretion, to suspend all Reservations 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.

10. Exclutions or Omissions

10.1 Avian Jets will be indemnified and held harmless by client for any misrepresentation presented by the air carrier, on Avian Jets website, app or otherwise. Any exclusions or omissions either express or implied are not the responsibility of Avian Jets.

11. Choice of Law

11.1 This agreement shall be construed, interpreted and enforced in accordance with, and shall be governed by, the laws of the state of New Hampshire, United States of America, both procedural and substantive, without regard to the principles of conflicts of laws.

12. Unenforceability of Provisions

12.1 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.

13. Entire Agreement

13.1 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 Avian 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 contained within the booking summary or charter agreement are incorporated by reference herein. 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 hereto, 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 understandings between parties relating to this Agreement that are not contained herein.

14. Attorney's Fees

14.1 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 counterclaim for all resulting damages, including attorneys’ fees and legal expenses.

15. Execution

15.1 This agreement may be executed digitally during the booking process within the Avian Jets app or website by requiring the client to accept the terms of this broker agreement prior to booking confirmation from the client. A copy of this agreement is available on the Avian Jets website and can be provided to the client via email upon request.

16. Waiver

16.1 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.

17. Indemnifications

17.1 Client agrees to indemnify, hold harmless and defend Avian Jets, together with, but not limited to, it’s 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, cause, claims, damages, losses, penalties, demands, obligations or liabilities, expenses or disbursements (including, without limitation, reasonable cost and attorney’s fees), asserted by any third party, arising out of or relating to this agreement. 

18. Arbitration

18.1 American Arbitration Association – Any dispute arising out of, in connection with or in relation to this Agreement or the making or validity thereof or it’s interpretation or any breach thereof shall be determined and settled by arbitration in the sate of New Hampshire, United States of America, by a sole arbitrator having substantial experience in matters of this nature present to the commercial arbitration rules and regulations then applicable of the American Arbitration Association appointed by the American Arbitration Association and any award rendered therein shall be final and conclusive upon the parties, and a judgment thereon may be entered in the highest court of the forum, state or federal, having jurisdictions. 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 personal service or by certified or registered mail to the respective addresses provided herein.

18.2 Submission to jurisdiction – By digital execution 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.

19. Additional Terms & Conditions

19.1 In addition to the Charter Agreement, Client also agrees to the Avian Jets App and Website Terms & Conditions and is bound by all terms within for all bookings made or quotes received.

20. Documentation

20.1 A government issued photo ID of all passengers is required at all times prior to boarding. Boarding will be denied to any passenger without such proper documentation. All passengers are required to carry a passport when traveling internationally and to have a valid visa for entry into the foreign country, if a valid visa is required for such entry. Pets 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.

20.2 Customers, their guests, additional passengers are responsible for obtaining all required travel documents, entry documentation and visas and for complying with all laws, regulations, orders, demands and travel requirements of countries to be flown from, into or through which they transit. The Operator has the right to refuse boarding to any person without the required documentation or as a result of non-compliance with government regulations without recourse or further obligation on behalf of Operator or Avian Jets.

20.3 Avian Jets will require you to provide detailed and accurate passenger information regarding all persons travelling pursuant to arrangements made by you, after or during the booking process. Such information has to be delivered to Avian Jets no later than 48 hours prior to departure. You agree to timely provide to Avian Jets all required information, and understand that failure to provide the information, providing inaccurate or incomplete information in a timely manner may result in delaying a Flight, the Operator or pilots deciding to deny boarding, and ultimately in you missing the Flight, which will be considered a cancellation without notice and will incur a cancellation penalty.

20.4 For bookings made within 48 hours prior to departing, all detailed and accurate passenger information and documents shall be supplied to Avian Jets at the moment of booking and prior to the actual Flight. Failure to do so will result in a denial of boarding.

By digitally accepting this agreement, client hereby agrees to and acknowledges the following:

1. This charter reservation and all future reservations arranged for client by Avian Jets are subject to the “Charter Agreement” until client is notified by Avian Jets of a change in terms.

2. Client has been provided with, and has had the opportunity to review a copy of the “Charter Agreement” provided on the Avian Jets website.

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