FLYT KEY TERMS SUMMARY
* FLYTs are non-cancellable, non-refundable, and non-changeable by Client upon confirmation of booking
* A FLYT booking is not confirmed until written notice is provided by Charter Operator
* FLYT purchases are subject to availability and prior sale
CHARTER QUOTATION TERMS & CONDITIONS
CHARTER OPERATOR: Jet Edge will arrange for flights to be operated by Western Air Charter, Inc. d/b/a Jet Edge or JetSelect LLC, each of which holds an air carrier certificate under 14 CFR Part 135 issued by the FAA (Western Air Charter Air Carrier Certificate #W6JA769L and JetSelect LLC Air Carrier Certificate #U5QA550L) and is a subsidiary of JEI Holdings, LLC. Additionally, Western Air Charter also holds a certificate of public convenience and necessity issued by DOT Order 2020-3-4 under 49 U.S.C. § 41102 to engage in interstate and foreign charter air transportation as a certificated air carrier. Operational and other factors may require a change in the tail assignment and/or operator, even when a specific tail number and/or operator is specified in the quoted flight details (“Quote”). Regardless, the party booking the charter (“Client”) will always be provided with a confirmation in either written or verbal form identifying the operator and tail designated to fly the quoted flights (“Itinerary”) within a reasonable time after such information becomes available and prior to initial departure and will be advised of any changes in the tail and/or operator that may occur during the Itinerary.
AGREEMENT: By accepting this Quote, Client hereby agrees to these Charter Quotation Terms & Conditions and the Aircraft Charter Master Agreement (“Charter Master Agreement”). The terms of the Charter Master Agreement are hereby incorporated into this Quote and made part hereof. The Charter Master Agreement can be found at Master Agreement or, upon request to CHARTER OPERATOR, a copy will be provided to Client.
GENERAL: This Quote may be aircraft specific or fleet specific based on aircraft scheduling. Should the need arise to change the aircraft or Itinerary for any reason whatsoever, the Quote may change. In the event of a modification to the Itinerary or type of aircraft, for any reason whatsoever, or request and/or addition of other goods, services or both not referenced in the Quote (e.g., ground transportation or catering), the Client shall be solely responsible for the associated increase in the Quote. Client's use of an alternative aircraft, modified Itinerary, or additional goods, services, or both not reflected in the original Quote, shall be deemed acceptance of and agreement for such modifications and increased costs and Additional Expenses associated therewith.
CONDUCT: Client agrees to act in a safe, respectful, legal, and professional manner at all times while traveling as set forth in this Quote. Client shall comply with all requirements and instructions of the flight crew. Furthermore, Client shall not cause any damage to the aircraft. If damage occurs, Client is solely responsible for damage to the aircraft, including but not limited to, cleaning or repair of damaged or soiled aircraft surfaces, components, appliances or accessories, as a result of Client’s actions and the actions of any individual(s) accompanying or otherwise traveling with the Client. In the event that Client or those traveling with Client during the trip cause any damage to the aircraft, or act in a manner the flight crew, CHARTER OPERATOR, or Third Party Operator, as applicable, deems in its sole discretion to be unsafe, dangerous, illegal, or inappropriate, the CHARTER OPERATOR may cancel this Agreement, including termination of the remaining legs of the trip. In the event of a cancellation of this Agreement for the reasons set forth herein, Client shall remain responsible for the Payment of this Quote and any consequential damages determined by the CHARTER OPERATOR or Affiliates.
QUOTE CONFIRMATION: Issuance of a Quote and receipt of payment by CHARTER OPERATOR does not guarantee aircraft availability. Confirmation of the flight will occur in writing only by the CHARTER OPERATOR after payment by the Client is authorized. In the event the CHARTER OPERATOR is unable to confirm the Quote, for any reason and at its sole discretion, the Client will receive a full refund for the Quote amount with no assessment of a cancellation fee. CHARTER OPERATOR shall have no further obligations whatsoever, including legal or financial obligations, to the Client.
CANCELLATION: Quote is non-cancellable by Client upon Quote Confirmation by CHARTER OPERATOR.
REFUNDS: Quote amount is non-refundable in its entirety, subject to other terms herein.
ADDITIONAL EXPENSES: Quote does not include any services not explicitly listed herein. Any additional services requested by the Client and arranged by the CHARTER OPERATOR, e.g., catering beyond standard stock (determined by the CHARTER OPERATOR) and ground transportation, will be subject to a 25% surcharge and a credit card fee of 4.3%. If a flight does not reach its destination due to Force Majeure, Client agrees to pay all charges for the completed portion of the Itinerary.
SCHEDULE CHANGES: Schedule changes by the Client are not permitted. If a subsequent quote is presented to the Client, which revises or amends this Quote, then the subsequent quote’s terms and conditions prevail. The subsequent quote may continue with the same Quote Number, but with revised dates and terms and conditions. CHARTER OPERATOR shall not be responsible for any damages, losses, or costs to Client, incidental, consequential or otherwise, in the event the referenced aircraft becomes unavailable after confirmation. In the event CHARTER OPERATOR cancels the charter, the cancellation fee will not be charged to Client.
CREDIT CARD AUTHORIZATION: Client shall authorize CHARTER OPERATOR to charge Client’s credit card any Additional Expenses and charges that may result from breaches in Conduct as defined herein. Client shall be solely responsible for payment of such charges, regardless of whether the Client’s credit card has sufficient credit availability at the time of or subsequent to Credit Card Authorization.
CANCELLATION BY CHARTER OPERATOR: CHARTER OPERATOR shall not be responsible for any damages, losses, or costs to Client, incidental, consequential or otherwise, in the event the referenced aircraft becomes unavailable after confirmation. In the event CHARTER OPERATOR cancels the Scheduled charter, or if the CHARTER OPERATOR cannot provide an aircraft with seat capacity equal to or greater than the capacity indicated at the time of booking, the Client will receive a full refund for the Quote amount with no assessment of a cancellation fee. CHARTER OPERATOR shall have no further obligations whatsoever, including legal or financial obligations, to the Client.
BROKER PURCHASE: If a third-party broker is purchasing the charter trip on behalf of its Client, then the broker and not the CHARTER OPERATOR will be responsible for collecting and remitting all applicable taxes.
REQUIRED SCHEDULE FLEXIBILITY: Departure times may be moved by the CHARTER OPERATOR at its sole discretion relative to the Client’s originally requested departure time as follows:
Non-Peak Days: One (1) hour before or after the requested time by the Client
Peak Days: Three (3) hours before or after the requested time by the Client
Peak Days are as follows:
November – 11/20, 11/24, 11/25, 11/28, 11/29
December – 12/18, 12/19, 12/20, 12/26, 12/27, 12/31
January –1/2, 1/3, 1/15, 1/18
February – 2/11, 2/12, 2/15
April – 4/1
September – 9/6
October – 10/11
November – 11/23, 11/24, 11/27, 11/28, 11/29
December – 12/17, 12/18, 12/26, 12/27, 12/28
SLIDING DEPARTURE TIMES: All departure times are fixed with a window of sixty (60) minutes beyond the scheduled departure time to accommodate Clients who may be running late. Should more than a sixty (60) minute window be desired, Client must advise CHARTER OPERATOR at the time of booking. Such extended departure window, if agreed by CHARTER OPERATOR, may result in an additional charge.
NO SHOW POLICY: If a Client does not arrive for a flight departure within the allotted sixty (60) minutes beyond the scheduled departure time of a leg listed in the Itinerary, at CHARTER OPERATOR’s sole discretion the Client may be charged an additional amount equal to 15% of the Quote total, and all remaining legs of the Itinerary may be cancelled without refund. Furthermore, CHARTER OPERATOR will not be obligated to provide any additional flight services under this Agreement.
PASSENGER HEALTH QUESTIONNAIRE: Client must ensure that a Passenger Health Questionnaire related to COVID-19 provided by the CHARTER OPERATOR will completed and returned to the CHARTER OPERATOR prior to the start of the Itinerary. Client represents and warrants that the Passenger Health Questionnaire will be free of any willful or knowing omissions (“Omissions”). In the event the Passenger Health Questionnaire does contain Omissions, which the Client will provide prompt and reasonable assistance as may be requested by the CHARTER OPERATOR to investigate and substantiate, any unflown portion of the Itinerary may be subject to cancellation with no refund, and the Client may be required to pay all damages to CHARTER OPERATOR that are related to the Omissions.
DESIGNATED FBO: All Itineraries will by default use CHARTER OPERATOR’S preferred FBO facility at each airport.
APPLICABLE LAW: This Agreement shall be governed by and construed and interpreted in accordance with the laws of the State of California, the laws of which the Client hereby expressly elects to apply to this Agreement, without giving effect to provisions for choice of law thereunder.
BINDING ARBITRATION: Any dispute, controversy or claim arising out of, relating to, or in connection with this Agreement or the breach, termination or validity thereof, shall be finally resolved by arbitration in accordance with the American Arbitration Association ("AAA") Commercial Arbitration Rules ("Arbitration Rules") in effect at the time of the arbitration, except as they may be modified herein or by mutual agreement of the parties. The seat of the arbitration shall be the City of Los Angeles, California in the United States. Notwithstanding the Applicable Law section of this Agreement, the arbitration and this Section shall be governed by the United States Federal Arbitration Act, 9 USC §§ 1 et seq. The arbitration shall be conducted by an arbitration panel consisting of three arbitrators, each of whom shall be a neutral arbitrator subject, inter alia, to disqualification for the reasons specified in Section 19 of the Arbitration Rules. The party or parties initiating arbitration ("Claimant(s)") shall nominate an arbitrator in the notice of intention to arbitrate ("Demand"). The other party or parties ("Respondent(s)") shall nominate an arbitrator within thirty (30) days of receipt of the Demand and shall notify the Claimant(s) of such nomination in writing. The first two arbitrators nominated or appointed in accordance with this provision shall nominate a third arbitrator within thirty (30) days after the receipt by Claimant(s) of the notification by Respondent(s) of the nomination of an arbitrator by Respondent(s) or, in the event of a failure by a party or parties to nominate, within thirty (30) days after the AAA has notified the parties and any arbitrator already nominated or appointed of the AAA's appointment of an arbitrator on behalf of the party or parties failing to nominate. The third arbitrator shall act as Chair of the arbitration panel. The three (3) arbitrators shall collectively be referred to as the "Arbitral Panel." In addition to the authority conferred on the arbitration panel by the Arbitration Rules, the arbitration panel shall have the authority to (i) order reasonable discovery, including the production of documents and depositions, and (ii) make such orders for interim relief, including injunctive relief, as it may deem just and equitable. The arbitral award shall be in writing, state the reason for the award and be final and binding on the parties. The award may grant any remedy that is permissible under the laws of the State of California, including without limitation specific performance and injunctive relief, and may include an award of costs, including reasonable attorneys' fees and disbursements. Judgment upon the award may be entered by any court having jurisdiction thereof or having jurisdiction over the parties or their assets.
THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, BUT THEY CHOOSE TO HAVE ANY AND ALL DISPUTES DECIDED THROUGH ARBITRATION. BY SIGNING THIS AGREEMENT, THE PARTIES ARE GIVING UP ANY RIGHT THEY MIGHT HAVE TO SUE EACH OTHER.
ACKNOWLEDGEMENT AND ACCEPTANCE OF QUOTE:
YOUR SIGNATURE BELOW INDICATES YOUR ACKNOWLEDGEMENT AND ACCEPTANCE OF THE QUOTE,
ALL CHARTER QUOTATION TERMS & CONDITIONS, AND THE CHARTER MASTER AGREEMENT.
CLIENT NAME: __________________________________________
(Print Corporate/Individual Name)
Print Name: __________________________________________
I _______________________________________, hereby grant Western Air Charter, Inc. DBA Jet Edge International
or JetSelect LLC DBA JetSelect Aviation (“CHARTER OPERATOR”) as a condition precedent
for providing air charter and related service, continuous approval to authorize
my credit card account for all services provided or arranged by CHARTER OPERATOR
at my request of my authorized designee. This approval shall remain in full force
and effect until cancelled in writing with thirty calendar days’ advance notice.
Such authorizations shall secure my prompt payment for all services provided or
arranged by CHARTER OPERATOR. Additionally, I hereby permit CHARTER OPERATOR, to
convert without further notice, the credit card authorizations to a credit card
charge per CHARTEROPERATOR standard terms and conditions hereby incorporated by
reference. Credit card charges for catering and ground transportation expenses may
CREDIT CARD/ WIRE TRANSFER INSTRUCTIONS:
CREDIT CARD AUTHORIZATION REQUIRED UPON BOOKING FOR ANY CHARTER RELATED REQUESTS:
A COPY OF THE FRONT/BACK OF THECREDIT CARD AND A COPY OF THE CARD HOLDER'S DRIVER'S
LICENSE WILL RE REQUIRED UPON APPROVAL.
Card type - AMEX/VISA/MC
Card Number: ________________________________
Name as it appears on Credit Card: __________________________
Expiration Date (MM/YY): ___________ Security Code: _________
Billing Address: ____________________________________________________
Wire Transfer Instructions:
Bank: Bank of the West
1977 Saturn Street
Monterey Park CA 91755
Account Name : Jet Edge International LLC
Account No : 036-520387
US Wire Routing No : 121100782
Swift Code (For Int’l Transfer) No : BWSTUS66
Charter Operator accepts Wire Transfers 24/7