Client (referred to herein as "Client" or "you") hereby engages 360 Jets, Inc., a Nevada Corporation ("360 Jets"), to act as its broker to arrange for the charter services described on the Charter Itinerary provided when booking each trip, to which these Standard Terms & Conditions are annexed, or applied to, on behalf of Client from third party certified air carriers operating under Part 135 of the Federal Aviation Administration ("FAA") Regulations (Section 14, Code of Federal Regulations). By signing and agreeing to the Charter Quote, Charter Itinerary or Invoice provided by 360 Jets you are automatically agreeing to the Terms and Conditions set forth in this agreement, for each and every instance. Your affixed signature below acknowledges that you agree to these terms and conditions and is considered as a reciprocated acknowledgement when booking a charter through 360 Jets.
Client understands and acknowledges that the cancellation of any Reservation or portion thereof within four (4) calendar days of the scheduled departure date of the scheduled domestic trip and within seven (7) calendar days of the scheduled departure date of the scheduled international trip, will result in a cancellation charge of up to 100% of the quoted price for the trip. All international trips cancelled after the signed contract has been received by 360 Jets are subject to a penalty depending on the operator terms. These terms will be noted on the charter quote based on the operator selected for the flight. Confirmed departures within seven (7) days of Peak Travel Days, as defined in the next section, are nonrefundable, and the cancellation of any confirmed reservation within seven (7) days of departure either prior to or after the Peak Travel Days will result in a cancellation charge of up to 100% of the quoted price for the trip.
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 cancellations charges may include, but are not limited to: costs incurred as a result of partial completion of itinerary, including but not limited to return of 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 360 Jets as a result of the client,s cancellation. 360 Jets reserves the right to change the terms of its cancellation policy at any time.
Any cancellation of any confirmed Charter Itinerary or portion thereof may be subject to the terms and conditions of the specific air carrier selected. 360 Jets assumes no responsibility for the disposition or cancellation of any reservation, either by Client or air carrier. ALL ONE WAY CHARTER RESERVATIONS OR CHARTERS THAT END IN A DIFFERENT DESTINATION THAN THE ORIGINAL DEPARTURE CITY ARE NOT SUBJECT TO CANCELLATION OR REFUNDS, AND ARE SUBJECT TO A 100% CANCELLATION FEE AT TIME OF BOOKING.
a) Domestic and international flights may be subject to the federal excise tax and federal departure tax, respectively. 360 Jets will add the applicable tax, using the current rate, to each charter invoice, and Client will pay such amounts. Client understands that the cost estimate provided by 360 Jets will include estimates for certain cost items. Client will pay the actual amount of applicable taxes, flight fees, fuel surcharges, overflight permits, landing charges, catering costs, ground transportation, flight phone, customs fees, crew trip expenses, and similar out-of-pocket expenses relating to the services provided should these amounts differ from the original cost estimate. ALL ONE WAY CHARTER RESERVATIONS ARE NOT SUBJECT TO CANCELLATION OR REFUNDS, AND ARE SUBJECT TO A 100% CANCELLATION FEE AT TIME OF BOOKING. PLEASE NOTE THAT DEICING COSTS IS NOT INCLUDED IN THE QUOTE AND CAN VARY DEPENDING ON CONDITIONS AND SIZE OF AIRCRAFT. THE DEICING CHARGES WILL BE BILLED ACCORDINGLY AFTER THE TRIP IS COMPLETE.
If a deviation from the original itinerary is requested by Client and agreed to by 360 Jets, or if any such deviation is caused or necessitated by Client's actions, then the amount owed by Client to 360 Jets 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.
b) PAYMENT TERMS: You agree to pay all costs, fees and expenses as set forth on the cost estimate and/or Charter Itinerary, as well as all additional costs and expenses associated with your flight (including, but not limited to, taxes, surcharges and fees set forth above, and damages as set forth in Section f, below). 360 Jets may require either payment in advance or an acceptable credit card guarantee. By providing your credit card information, you authorized 360 Jets 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 in your agreement with your credit card issuer plus a 4% convenience fee added to the total amount due. However, your credit card will only be charged if 360 Jets fails to receive payment from you within seven (7) days after receipt of an itemized invoice sent to you for completion of your flight. Client will pay 360 Jets (a) the rate of the lower of (i) one percent per month, or (ii) the highest percentage permitted by law on any charges outstanding more than 30 days after the receipt of invoice, plus (b) the reasonable costs (including attorneys' fees) for the collection of any past due fees, expenses and charges there under. If other payment terms have been made available to you they will be stated in the charter quote provided along with when the payments are due.
c) ACKNOWLEDGEMENT OF OPERATIONS: Client acknowledges that 360 Jets is acting solely as a broker and is not an air carrier. Client acknowledges that 360 Jets does not operate the flights or provide the other services that Client authorizes 360 Jets to book on 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 Client, including without limitation, aircraft availability and pricing, the commencement and termination of scheduled flights, the operation, regulation, condition and safety of the flights, passengers, baggage and cargo and other people and events associated with Client's air travel, such as crew performance and catering services.
d) SAFETY OF OPERATION: Without limitation, you acknowledge and agree that the air charter suppliers 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 360 Jets bears no responsibility for decisions regarding such safety determinations, and Client agrees to hold 360 Jets harmless from any and all consequences resulting from decisions regarding such safety determinations.
e) FORCE MAJEURE: 360 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 labor 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 the aircraft commander or the carrier's operational supervisors to be in jeopardy, or for any cause beyond the direct control of 360 Jets.
f) DAMAGES: Neither the air charter suppliers nor 360 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, weather conditions, acts of God, acts of nature, acts of civil or military authority, civil commotion, war or warlike operations 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.
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 360 Jets and performed by the air charter suppliers.
i. 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 360 Jets.
ii. 360 Jets 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.
iii. 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.
iv. You shall indemnify and hold harmless 360 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.
g) IN NO EVENT WILL 360 JETS BE LIABLE FOR ANY TYPE OF INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN CONTRACT OR IN TORT. CLIENT WILL INDEMNIFY AND HOLD 360 JETS HARMLESS AGAINST ANY LOSS, DAMAGE OR EXPENSE INCURRED BY 360 JETS 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.
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.