Terms and Conditions
WHEREAS,
a Charter Agreement (“Agreement”) is made by
and between Celebrity Jet Charter LLC (the “Company”
or “Celebrity”) and passengers, your successor, assigns,
heirs, agents and representatives (collectively, “Client”
or “You”).
NOW, THEREFORE,
in consideration of the foregoing and intending to
be legally bound, Client agrees to the costs, fees
and terms set forth hereto and incorporated as part
of an agreement as follows:
A. ORIGIN, DESTINATION
AND TOTAL COST:
Client engages Celebrity to solicit
bids and sign contracts for air transportation on Client’s
behalf from origin to destination for a total fee to
include services outlined in the charter quotation.
B. PASSENGER
IDENTIFICATION & DOCUMENTATION:
1. DOMESTIC
FLIGHTS:
Each passenger
18 years of age and older will be required to present
a government Issued photo ID at each departure in order
to satisfy Transportation Security Administration requirements.
Minor passengers (under the age of 18) must be vouched
for by a parent or guardian who will be held responsible
for the minor’s conduct and all charges respecting services
provided for the minor.
2. INTERNATIONAL FLIGHTS:
If the Client’s journey involves an
ultimate destination or stop in a country other than
the country of departure, the Warsaw Convention (the
“Convention”) may be applicable and the Convention governs
and in most cases limits the liability of the air charter
supplier for death or personal injury and for loss of
or damage to baggage. The client is responsible
for ensuring that all passengers have required travel
documentation, including passports and visas for each
flight. All documents required for international travel
must be presented to the flight crew for review before
boarding.
C. PASSENGER
MANIFEST CHANGES:
Only manifested
passengers (and their baggage) are permitted on board
the aircraft. To avoid departure delays, passenger manifest
changes must be communicated in advance to the Company
by calling 610-854-1800.
D. CHARTER
SERVICES:
Your flight
will be operated by a FAA Part 135 compliant air charter
company. The air charter pilots shall be in command of
the aircraft at all times, shall be entitled to make
all decisions regarding the boarding (or refusal to board)
any passengers and acceptance or rejection of any baggage
for flight. Should the need arise, Celebrity reserves
the right to substitute aircraft of similar capacity
while maintaining the service contracted for at no additional
expense to You. You shall be informed of any such
change prior to departure with as much notice as possible.
E. PRICES, PAYMENT TERMS & CANCELLATION:
All prices
quoted herein are accurate on the date quoted, are subject
to change without notice, and are only valid for 2 days
or until 48 hours prior to the trip, whichever comes
first. All quotes are based upon availability of aircraft.
Aircraft are not held on quotes. Securement of payment
(credit card / wire transfer/bank check) is required
prior to flight. Non‑payment or non‑securement of payment
constitutes cancellation of the flight and the cancellation
terms indicated below will apply. The amount quoted includes
all fees for the itinerary with the exception of: Segment
Fees, unscheduled overnight fees, de‑icing or hangar
related expenses due to inclement weather, ground transportation,
Client special requests, itinerary changes and catering.
Catering, ground transportation or other non‑flight related
services arranged by Celebrity will be billed at cost
plus a fifteen (15) percent service fee. Full payment
is due 48 hours prior to departure of flight. Celebrity
reserves the right to authorize a hold on the credit
card guaranteeing payment and/or charge the credit card
for all agreed upon charges (plus the four (4) percent
convenience fee) in Celebrity’s sole discretion.
Cancellation
of round‑trip flights will result in a cancellation charge
of two flight hours for each day of the planned itinerary
at the current retail rate for the size/type aircraft
booked plus all incurred costs/expenses including international
fees. Confirmed one‑way flights are subject to a One
Hundred (100) percent cancellation charge immediately
upon confirmation of the flight. Holiday flight cancellations
(from two days prior to US national holidays and through
two days after US national holidays) are subject to a
One Hundred (100) percent cancellation charge if cancelled
less than fourteen (14) days prior to the flight.
F. ITINERARY
CHANGES:
Flight schedules
must be determined at time of confirmation. Itinerary
changes are permitted, but subject to aircraft and crew
availability and subject to price adjustments. Acceptance
of changes to the itinerary is at Celebrity's sole discretion.
In the event changes are not accepted by Celebrity and
the flight is cancelled, all cancellation charges will
apply as indicated above. Notification of changes and/or
cancellations must be in writing and transmitted between
8:00 A.M. and 6:00 P.M. EST by facsimile to 610-854-1803.
G. PASSENGER
BEHAVIOR:
The Client
shall instruct and cause the passengers to act in a reasonable
and responsible manner at all times while aboard the
aircraft and to comply with the directives and instructions
of the pilots in command of the Aircraft. The Client
shall be liable to the Company for any damage caused
by any of the passengers to the Aircraft or otherwise.
H. LIMITED
LIABILITY:
Celebrity
is not an air carrier and is not operating the flight(s)
you charter. The air charter suppliers have sole
responsibility, liability and control of all aspects
of the aircraft charter services provided to you, including
without limitation, aircraft availability and pricing,
the commencement and termination of scheduled flights,
the operation, regulation, condition and safety of the
flight, passengers, baggage, cargo and other people and
events associated with your air travel, such as crew
performance and catering services. Celebrity is
not responsible for any negligent act or omission by
the air charter supplier or its personnel and is not
responsible for any personal injury, property damage,
accident, delay, inconvenience, or change in itinerary
that may occur. 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 Celebrity
and performed by the air charter suppliers.
Celebrity
shall not be liable to the Client or any other person
or entity for any injury to or death of any person or
for any damage to or loss of any property unless such
injury, death, damage or loss is the direct result of
negligence or intentional misconduct on behalf of Celebrity
or any of it's employees; provided, however, that (a)
under no circumstances shall the liability of Celebrity
exceed the amount of you paid for your flight and (b)
under no circumstances shall Celebrity be responsible
for any lost profits, special or consequential damages.
I. INDEMNIFICATION,
REPRESENTATIONS AND WARRANTIES:
You shall
indemnify and hold harmless Celebrity, its affiliates
and all of their officers, directors, employees, legal
representatives and other agents, successors and assigns
(collectively “The Celebrity 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 Celebrity Indemnified
Parties.
Celebrity
makes no representations or warranties of any kind, either
express or implied, as to any matter including, but not
limited to, implied warranties of fitness for a particular
purpose, merchantability or otherwise. Client waives
any and all claims or demands based upon warranties of
any kind and acknowledges and accepts Celebrity’s disclaimer.
J. JURISDICTION/VENUE:
Each of the parties hereby submits
to personal jurisdiction in the Commonwealth of Pennsylvania
in connection with any disputes or controversies arising
under the Agreement or with the enforcement hereof. If
the Company collects any amount due or payable hereunder
from the Client by or through an attorney‑at‑law, the
Client shall pay, upon demand, the reasonable attorneys'
fees and costs incurred by the Company in such effort. Venue
for any legal action or proceeding shall rest in the
Court of Common Pleas for Chester County or the United
States District Court for the Eastern District of Pennsylvania.
K. FORCE MAJEURE:
The Company shall not be responsible for any failure
to fulfill its obligations hereunder due to causes beyond
its reasonable control, including without limitation
acts or omissions of government or military authority,
acts of God, shortages of materials, transportation delays,
fires, floods, labor disturbances, riots or wars.
L. BINDING AGREEMENT:
An Agreement, once signed by the parties
and returned to Celebrity shall constitute a legally
binding agreement between the parties.
M. CONFIDENTIALITY:
The Company
does not disclose any information regarding clients,
their passengers or departure/destination to any outside
source, unless authorized by the Client or required by
law (i.e., in conjunction with a government inquiry or
in litigation or dispute resolution). For your protection,
this includes friends, relatives, co‑workers, associates,
business partners, etc. Only persons listed on the account
are authorized to obtain information about your account
or flight schedule.
N. MISCELLANEOUS:
An
Agreement (together with any other documents delivered
by the Client to the Company in connection with any of
the flights): (a) represents the entire agreement between
the parties hereto with respect to the subject matter
hereof, (b) shall be governed by and construed in accordance
with the substantive laws of the Commonwealth of Pennsylvania;
(c) may not be altered or amended except pursuant to
a written agreement signed and delivered by the parties;
(d) shall be binding upon and Inure to the benefit of
the parties hereto and their respective successor and
permitted assigns and (e) may be executed via facsimile
and multiple counterparts. The Client may not assign
an Agreement or the rights or privileges here conferred
to any other person on entity.
O. METHOD
OF PAYMENT:
Subject
to the express approval of the Company, the Client agrees
to pay, when due, all fees, costs and other amounts now
or hereafter due hereunder as follows:
Secured
In Advance by Credit Card
- The Client hereby agrees to sign
a Credit Card Authorization Form In advance of the
trip.
- The credit card amount authorized
by the Client will be four (4) percent higher than
trip quote amount.
Secured
in Advance by Bank Check or Wire Transfer
- The Client hereby agrees to pay in full for the
scheduled aircraft charter trip via check or wire
transfer within 48 hours of the trip departure date
NOTES:
A. Payments
not received within 48 hours of the trip departure date
are past due and subject to a four (4) percent late fee.
The Client hereby agrees to authorize the company to
charge all past due payments and late fees to the credit
card.
B. At any
time, the Client may choose not to pay by check or wire
transfer and may charge the trip to the credit card.
However, all such transactions are subject to a four
(4) percent payment terms change fee.
C. The
Client hereby acknowledges and understands the amount
entered on the Credit Card Authorization Form will be
four (4) percent higher than the trip quote to compensate
the Company for late fees and/or payment terms change
fees, if applicable. However, if payment‑in‑full is received
by the Company via check or wire transfer within 48 hours
prior to the trip departure date; no amount will be charged
to the client’s credit card.
