TERMS & CONDITIONS
NOTE: These Terms & Conditions are based on an industry standard created by the Baltic Air Charter Association (“BACA”) as guidance.
1 DEFINITIONS
“Agreement” This Terms and Conditions document including the Quote and any appendices or attachments thereto
“Aircraft” Any aircraft for the time being operated in connection with any Flight
“Charter Price” The total amount set out in the Quote
“CUSTOMER” Any entity using the services provided by Jetvolve LLC
“DOT” U.S. Department of Transportation
“Empty Leg” Charter flight generated as the result of a principal transaction; typically subject to changes due to modifications in the original transaction that originally created the flight
“FAA” Federal Aviation Administration
“FBO” Fixed Base Operator
“Flight(s)” The flight(s) described in the Quote
“Force Majeure” An extraordinary event or circumstance beyond the control of the parties, such as a strike, war, riot, crime, or severely disruptive weather
“Indemnified Parties” All JETVOLVE officers, directors, employees, legal representatives, or other agents
“Itinerary” Detailed plan for the trip, including route and schedule. Included in the Quote.
“JETVOLVE” Jetvolve LLC, a Limited Liability Company registered in the State of Arizona. JETVOLVE is not an air carrier, does not own any aircraft nor does it engage in the business of maintaining, repairing, operating, or evaluating the condition of any aircraft. JETVOLVE enters into this Agreement as agent of the CUSTOMER, seeking to procure and coordinate air transportation on its behalf.
“Montreal Convention” The Convention for the Unification of Certain Rules relating to International Carriage by Air, signed at Montreal on May 28, 1999
“OPERATOR” The operator of the Aircraft; an aircraft charter operator certified by the FAA under Title 14 Part 135 of the Code of Federal Regulations
“Quote” The Quote to which this Agreement is attached
“Taxes” Sales, use, VAT, stamp, FET, transfer, segment and other similar taxes, fees, duties or penalties that may be imposed by any federal, state, county, local, foreign governmental authority as a result of the flights and services provided by Jetvolve LLC and/or OPERATOR
“Warsaw Convention” The Convention for the Unification of Certain Rules relating to International Carriage by Air, signed at Warsaw on October 12, 1929 or that Convention as amended by the Hague Protocol of 1955 or the Montreal Protocols of 1975, whichever may be applicable and in each case the Guadalajara Convention of 1961
2 JETVOLVE SERVICES
2.1 JETVOLVE shall cause OPERATOR to make available to CUSTOMER the Aircraft as specified in the Quote and CUSTOMER shall take the Aircraft on charter from JETVOLVE subject to the terms and conditions in this Agreement, the Quote and any attachments.
2.2 JETVOLVE acts solely as agent for its CUSTOMER in arranging air charter services between CUSTOMER and OPERATOR. JETVOLVE does not own, operate or manage any aircraft. JETVOLVE always acts in the best interest of CUSTOMER in sourcing charter flights from Part 135 Charter Operators that have been certified by the FAA and have applicable DOT authority.
2.3 When arranging air transportation through JETVOLVE, CUSTOMER enters into a direct and legally binding relationship with OPERATOR.
2.4 The Quote is subject to the acceptance of this Agreement. Upon full payment of the Charter Price and acceptance of this Agreement, the customer authorizes JETVOLVE, as CUSTOMER’s agent, to enter into a charter contract with OPERATOR.
3 CHARTER PRICE
3.1 The Charter Price specified is based on aviation fuel costs calculated on the date the Quote is created. If for any reason whatsoever there shall be any increase in the cost of aviation fuel between the date of creation of the Quote and the date of operation of any Flight, then CUSTOMER shall pay to JETVOLVE on demand such amount as shall fully compensate OPERATOR for such increase.
3.2 The Charter Price specified in the Quote applies exclusively for the dates and aircraft stated. The Quote is subject to change until payment is received, at which point the customer will be provided with confirmation.
3.3 CUSTOMER shall be responsible for additional charges incurred by JETVOLVE in the provision of the services described by the Quote and this Agreement. These additional charges may be billed separately or added to the Quote (if known at the time the Quote is created); such additional costs and expenses shall include, without limitation, catering, ground transportation, flight phone, internet connectivity, de-icing, 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. CUSTOMER further agrees that it shall be responsible for all Taxes incurred. CUSTOMER shall defend, indemnify and hold JETVOLVE and all of its members, officers and employees harmless against any such Taxes, which are the obligation of CUSTOMER hereunder.
3.4 CUSTOMER acknowledges that trips indicated as Empty Leg by OPERATOR – which are typically found at highly reduced prices – involve a higher risk of changes due to modifications in the principal transaction that originated the Empty Leg. All change and cancellation policies stated herein apply to changes in a Quote involving an Empty Leg.
3.5 In the event of any changes to the Quote for any reason, including changes in aircraft or operator, fluctuations in foreign currency exchange rates, JETVOLVE shall immediately notify CUSTOMER, whose authorization is required before continuing with the transaction. If no authorization is received the reservation is deemed cancelled immediately and any payments received by JETVOLVE from CUSTOMER shall be refunded, after deducting any applicable cancellation fees by OPERATOR and/or JETVOLVE as stated hereunder.
4 PAYMENT
4.1 CUSTOMER shall pay to JETVOLVE the Charter Price at the time, in the currency, in the amounts and to the address specified in accordance with the provisions set out therefor in the Quote.
4.2 No set-off or counterclaim (whether arising in respect of this Agreement or any other carriage) shall entitle CUSTOMER to withhold payment of any sums whatsoever payable to JETVOLVE under or by reason of this Agreement.
4.3 At the discretion of JETVOLVE, credit cards might be accepted for payment of the Charter Flight(s). If paying by credit card a 4% credit card processing fee shall be added to the total price of the Quote. For credit card payments CUSTOMER authorizes JETVOLVE to obtain payment from the issuer of the credit card. Credit card processing fees are not refundable under any circumstances, including cancellation of the trip.
4.4 For any trip CUSTOMER agrees to fill out a Credit Card Authorization form, which shall be kept on file by JETVOLVE and further allows to pre-authorize any anticipated expenses (such as catering, internet connectivity, de-icing, etc.) and charge any actual expenses resulting from CUSTOMER’s trip. For expenses incurred after payment of the initial Charter Price CUSTOMER shall have the option of choosing the method of payment; if no payment is received within five (5) business days from the invoice date of these expenses, CUSTOMER authorizes JETVOLVE to charge the credit card on file for the total amount of the expenses. The 4% credit card processing fee applies to these charges.
5 CUSTOMER INITIATED CHANGES & CANCELLATIONS
5.1 The cancellation of any Flights is subject to the cancellation policy of OPERATOR, which shall be stated in the Quote. This may include, without limitation, full payment of the cost of the trip, flight crew expenses, and any positioning or repositioning fees.
5.2 In addition to OPERATOR cancellation fees, the following JETVOLVE cancellation fees apply:
- If the Itinerary is cancelled prior to seventy-two (72) hours of departure, 50% of the booking fee (not the charter cost)
- If the Itinerary is cancelled within seventy-two (72) hours of departure, 100% of the booking fee (not the charter cost)
5.3 Any remaining balance after complying with both OPERATOR and JETVOLVE cancellation policies shall be refunded to CUSTOMER by JETVOLVE’s method of choice, typically check, credit card refund, or wire transfer. The refund shall be subject to any fluctuations in foreign exchange rates.
5.4 JETVOLVE’s cancellation fee shall be waived if CUSTOMER agrees for JETVOLVE to retain the funds as credit toward future travel, subject to fluctuations in foreign exchange rates. Travel credit is valid for twelve (12) months from the original date of travel.
5.5 JETVOLVE cancellation fees do not apply for cancellations originated from OPERATOR or JETVOLVE as a result of equipment malfunctioning, aircraft or crew availability or other circumstances beyond the control of JETVOLVE or OPERATOR. However, charges imposed by OPERATOR may still apply.
5.6 CUSTOMER acknowledges that a “no show” shall be considered a cancellation. If a passenger fails to be at the designated FBO at the scheduled departure time for any leg of the trip OPERATOR has full authority to depart without the missing passenger(s) or to apply additional charges which shall be full responsibility of CUSTOMER. Under no circumstances JETVOLVE shall be held liable for charges resulting from delays caused by any of the passengers.
5.7 CUSTOMER acknowledges that any change in date, time, Itinerary, number of passengers or type of aircraft may be deemed a cancellation and be subject to the cancellation policies contained herein.
6 OPERATOR AUTHORITY
6.1 OPERATOR is the only entity responsible for providing air transportation and, therefore, is responsible for all aspects of the operation of the aircraft including but not limited to aircraft maintenance, crew training, compliance with crew rest regulations, aircraft availability, insurance, security vetting of passengers, and changes in schedule or Itinerary due to unforeseen conditions such as equipment malfunctioning or unfavorable weather. Under no circumstances JETVOLVE shall be held liable for the actions of OPERATOR.
6.2 JETVOLVE makes no express or implied warranties regarding the Aircraft, including warranties of fitness for a particular purpose, merchantability or otherwise.
6.3 OPERATOR shall be responsible for providing the Aircraft at the scheduled departure time and location, properly manned, equipped and airworthy in accordance with the laws and regulations of the state of registration of the Aircraft and the Aircraft shall be operated in accordance with all applicable laws and regulations during the period of the Flight(s).
6.4 OPERATOR is entitled to deviate from the Flight schedule and/or the duration of the Flight and/or to reduce the maximum payload. The captain of the Aircraft shall have complete discretion concerning preparation of the Aircraft for flight, whether or not a Flight shall be undertaken or abandoned once undertaken, any deviation from proposed route, where landing shall be made and all such other matters relating to the operation of the Aircraft and CUSTOMER shall accept all such decisions as final and binding. In the event that any Flight is delayed through the fault of CUSTOMER or any passenger, CUSTOMER shall pay to JETVOLVE any resulting delay expenses incurred or billed by OPERATOR.
6.5 All ground and operating personnel including cabin staff are authorized to take orders only from OPERATOR unless specific written agreement shall first have been obtained from OPERATOR whereby certain defined instructions may be accepted by such personnel from CUSTOMER.
6.6 At its discretion, OPERATOR may in any event without any liability to CUSTOMER or any passenger refuse to carry or remove en route, if appropriate, any passenger or his baggage.
6.7 In the event that it is necessary in the flight crew’s reasonable opinion for the Aircraft to be diverted in flight for the purpose of removing any passenger (whether by reason of the passenger’s conduct or physical or mental condition or for any other reason), CUSTOMER shall indemnify JETVOLVE against any losses, costs, expenses, claims or liabilities which OPERATOR may incur as a consequence.
7 FLIGHT TIMES AND BOARDING
7.1 CUSTOMER shall be solely responsible for ensuring that all passengers and their baggage arrive at the specified check-in point at the departure airport and FBO in sufficient time to be carried on any Flight. In the event that any passenger of CUSTOMER fails to arrive in sufficient time to be carried on the Flight JETVOLVE shall be under no liability whatsoever to CUSTOMER nor to such passenger. JETVOLVE shall be under no obligation hereunder to make any alternative arrangements for any such passenger.
7.2 In the event of any delay, deviation, or diversion of any Flight, CUSTOMER shall be solely responsible for any and all accommodation, refreshments, meals, transportation or any other additional costs, expenses, losses, damages or liabilities of whatsoever nature incurred in respect of CUSTOMER’s passengers wherever and howsoever the same shall arise. All such costs, expenses, losses, damages or liabilities incurred by OPERATOR shall be reimbursed by CUSTOMER to JETVOLVE on demand.
7.3 In the event that any passenger of CUSTOMER is refused entry at any destination airport, CUSTOMER shall indemnify and keep indemnified JETVOLVE, its officers, employees, and agents against any and all cost or expense whatsoever incurred by JETVOLVE in respect thereof (including but not limited to charges, fee, penalties, imposts or other expenses levied upon OPERATOR or JETVOLVE by any immigration authority) or of any arrangements made by OPERATOR and/or JETVOLVE to return such passengers to the country from which such passenger was originally carried.
8 OBLIGATIONS OF THE CUSTOMER
8.1 CUSTOMER is responsible for informing all passengers that prior to boarding the Aircraft they must show at least one form of valid state/government issued photo identification to OPERATOR for domestic flights. For international flights (including Canada and Mexico), CUSTOMER is responsible for informing all passengers that prior to boarding the aircraft they must show OPERATOR a valid passport and visas when required. JETVOLVE is not liable for OPERATOR’s reasonable refusal to allow any passengers to board the aircraft who fails to provide appropriate identification.
8.2 CUSTOMER shall hold harmless and indemnify JETVOLVE against all claims, demands, liabilities, actions, proceedings and costs of any kind whatsoever arising from any default on the part of CUSTOMER or any passenger of CUSTOMER in complying with any of the provisions of this Agreement.
8.3 CUSTOMER shall comply in all respects with the conditions of all permits, licenses and authorities granted for the Flights and will procure such compliance on the part of all its passengers.
8.4 CUSTOMER shall comply and shall procure that all its passengers shall comply with all applicable customs, police, public health, immigration and other lawful regulation, including without limitation all regulations related to the possession of firearms and controlled substances, of any state to/from or over which the Aircraft is or may be flown.
8.5 CUSTOMER shall be held liable for any and all damages to the Aircraft and property of OPERATOR which is caused by CUSTOMER or any passenger, including any cleaning fees at the discretion or per the policy of OPERATOR.
8.6 CUSTOMER shall comply with all the requirements of JETVOLVE in relation to the performance of all of CUSTOMER’s obligations as set out in this Agreement.
8.7 The indemnities contained in this Section shall survive the termination of this Agreement.
9 LIMITATION OF LIABILITY
9.1 JETVOLVE shall be under no liability to CUSTOMER or to any passenger in respect of any variation to or cancellation of any Flight which results from the acts or omissions of OPERATOR, or for any failure by OPERATOR to perform any Flight and CUSTOMER hereby acknowledges to JETVOLVE that in any such event CUSTOMER shall only have recourse against OPERATOR.
9.2 JETVOLVE shall be indemnified and held harmless by CUSTOMER for any misrepresentations presented by OPERATOR, on JETVOLVE’s website or otherwise. Any exclusions or omissions either express or implied are not the responsibility of JETVOLVE.
9.3 In no event shall JETVOLVE be liable for any type of indirect, incidental, or consequential damages exceeding the amount paid for the trip set forth in the Quote.
9.4 JETVOLVE shall be under no liability to CUSTOMER for any failure by it, by other third parties (such as catering or communication services) or by OPERATOR to perform their respective obligations under this Agreement arising from force majeure, aircraft mechanical issues, weather conditions, labor disputes, strikes or lock-outs or any other cause beyond the control of JETVOLVE and/or OPERATOR including accidents to or failure of the Aircraft, its engines, or any other part thereof or any machinery or apparatus used in connection therewith.
9.5 CUSTOMER shall indemnify OPERATOR and JETVOLVE against any claim by any passenger of CUSTOMER arising out of any such variation, cancellation, non-availability or failure to perform provided always that if JETVOLVE shall receive any refund from OPERATOR in respect of any such varied cancelled or unperformed Flights which have already been paid for by CUSTOMER, JETVOLVE shall (subject to the provisions of Section 12 hereof and provided always that CUSTOMER shall have duly fulfilled its obligations under this Agreement), repay such refund to CUSTOMER, excluding credit card processing fees if any.
9.6 CUSTOMER shall indemnify and hold harmless JETVOLVE against any and all losses, damages, liabilities, penalties, suit, action, demand, costs or expenses of whatsoever nature brought against OPERATOR, JETVOLVE or their respective officers, employees, legal representatives, agents or subcontractors by a third party as a result of the services provided hereunder on CUSTOMER’s behalf or as a result of any act or omission of CUSTOMER or its guests, officers, employees or agents whether arising in contract or tort (including negligence) or otherwise.
9.7 Carriage of the passengers shall be subject to any conditions of OPERATOR including its Policies and/or Terms and Conditions.
9.8 CUSTOMER hereby acknowledges to JETVOLVE that it recognizes that JETVOLVE acts only as agent of CUSTOMER for the arrangement of the Flights described in the Quote and that JETVOLVE is not in any way responsible for the acts, omissions or defaults of OPERATOR or the failure of OPERATOR to perform its obligations contemplated hereunder.
9.9 Any Flights in the Quote that involve an ultimate destination or stop in a country other than the country of departure shall be governed by the rules and limitations established by the “Warsaw Convention” and/or the “Montreal Convention”.
9.10 The indemnities contained in this Section shall survive the termination of this Agreement.
10 TERMINATION
10.1 This Agreement may be terminated immediately upon notice from JETVOLVE to CUSTOMER upon the occurrence of any of the events specified below:
- CUSTOMER defaults in the payment of any amount payable hereunder on due date; or
- CUSTOMER is in breach of any of its other obligations under this Agreement.
11 EFFECT OF DEFAULT
11.1 If this Agreement is terminated, then CUSTOMER shall (without prejudice to any other rights and remedies which JETVOLVE may have) pay forthwith to JETVOLVE all amounts due and unpaid, and CUSTOMER shall indemnify and keep JETVOLVE indemnified against all loss, damage, costs, expense, claim or liability incurred or sustained by JETVOLVE as a result of such termination and JETVOLVE shall be entitled to retain any initial deposit paid by CUSTOMER.
11.2 CUSTOMER shall indemnify OPERATOR and JETVOLVE against any claims by any passenger of CUSTOMER arising out of the termination of the Agreement.
11.3 The indemnities contained in the Section shall survive the termination of this Agreement.
12 SET-OFF AND APPLICATION OF MONEYS
12.1 JETVOLVE may at any time without notice to CUSTOMER at its discretion set-off any amounts paid by CUSTOMER to JETVOLVE against any amounts due to JETVOLVE under this Agreement or against any amount due at such time from CUSTOMER to JETVOLVE.
13 GENERAL
13.1 Any notice, communications, directions, approvals, instructions or requests required or permitted under this Agreement shall be in writing and shall be deemed duly given if delivered personally or sent by regular mail, email, or fax. Any such notice shall be deemed to be served at the time when the same is handed to or left at the address of the party to be served or the following business day.
13.2 This Agreement sets out the entire agreement and understanding between the parties or any of them in connection with the charter of the Aircraft as described herein and supersedes any prior representations, agreements, conditions, negotiations and undertakings whether made orally or in writing in relation thereto.
13.3 No party has relied on any warranty or representation of any other party except as expressly stated or referred to in this Agreement.
13.4 No claims shall be made against JETVOLVE in respect of any representation, warranty, indemnity or otherwise arising out of or in connection with the charter of the Aircraft except where such representation, warranty or indemnity is expressly contained or incorporated in this Agreement.
13.5 No variation of this Agreement shall be effective unless made in writing and signed by both parties.
13.6 The Charter Price, payment terms and other commercial terms contained in this Agreement are confidential to the parties and may not be disclosed to third parties without prior approval.
13.7 No failure by JETVOLVE to exercise and no delay by JETVOLVE in exercising any right, power of privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies provided by law.
13.8 This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and permitted assigns, but neither this Agreement nor any duty or right hereunder (except the right to receive moneys which are due hereunder) shall be voluntarily assigned by any party without the written consent of the other party, which consent shall not be unreasonably withheld. This Agreement may be fully executed in two (2) or more separate counterparts by each of the parties hereto, all such counterparts together constituting but one and the same instrument. Such counterparts may be exchanged via facsimile (or other electronic) transmission and any facsimile or electronic signatures shall be binding.
14 APPLICABLE LAW
14.1 CUSTOMER acknowledges and agrees that OPERATOR and JETVOLVE are regulated by national, international, state and local governmental laws and regulations and that such laws, regulations and best practices in the industry are subject to change. Accordingly, JETVOLVE shall have the right to modify this Agreement at any time by providing written notice to CUSTOMER, and the modifications to this Agreement shall be effective immediately upon such notice.
14.2 This Agreement is made in the State of Arizona and is governed by the laws of the State of Arizona, and Customer agrees that the proper venue for any legal action or proceeding hereunder shall be Maricopa County, Arizona. If any provision of this Agreement is invalid, void or unenforceable, the remainder of this Agreement shall remain in full force. In the event of any dispute hereunder, the prevailing party shall be entitled to recover reasonable attorney fees and court costs incurred in connection with such dispute from the non-prevailing party, including any such fees or costs arising from subsequent appeals and efforts to execute on any judgment. The Quote and this Agreement contain the entire agreement of the parties with respect to the subject matter hereof.
14.3 If a dispute arises, the parties will try in good faith to settle it through mediation conducted by a mediator to be mutually selected. The parties will share the costs of the mediator equally. Each party will cooperate fully and fairly with the mediator and will attempt to reach a mutually satisfactory compromise to the dispute. If the dispute is not resolved within thirty (30) days after it is referred to the mediator, either party may then pursue litigation.
