Legacy Aviation Group - Terms and Conditions - 2020
DEFINITIONS:
Client: The individual or entity requesting the charter service
Charter Company: The company arranging for the charter services known as Legacy Aviation Group, LLC.
TERMS AND CONDITIONS:
QUOTE IS VALID FOR 7 DAYS FROM DATE QUOTED: This charter agreement (the Charter Agreement) is aircraft specific; should the need arise to change aircraft, cost may vary accordingly. Client shall be informed of any such change prior to flight and the amount of the additional cost, if any. The Charter Agreement is subject to aircraft and crew availability. Upon acceptance of terms and conditions listen herein, this Charter Agreement becomes a legal and binding contract between Client and Company.
PRICING: The Charter Agreement is all-inclusive and additional charges may include additional flight time, international fees, hangar and de-icing fees, requested catering, flight phone charges, WIFI/broadband usage and additional required crew expenses plus any other special requested items or service.
FLIGHT ACCEPTANCE & PAYMENT: In order to reserve the aircraft for this quoted trip, Client must sign and return the following: (1) Charter Quote, (2) Charter Agreement, (3) Credit Card Authorization Form, (4) copy of government issued photo identification (state issued drivers license or passport) and, (5) copy of the front and back of the credit card provided in the Credit Card Authorization Form to secure/pay for the charter. Any change(s) in the itinerary will require a new Charter Agreement, and may incur additional costs.
PAYMENT DUE DATE: Regardless of the desired and/or required payment method, a credit card (and all necessary accompanying information) must be supplied by the Client as payment security. Pre-payment is required for both domestic and international flights and must be received no later than 48 hours prior to the scheduled departure date (the Due Date). If the Due Date is not a business day (bank holiday, Saturday or Sunday) the due and payable amount must be received, credited and cleared to the Company's nominated bank account prior to the last preceding business day.
In the event that the Client wire transfer has been received on or before the Due Date, Company is authorized to charge the Client’s credit card for the full amount of the trip PLUS an additional 5% credit card processing fee.
DOMESTIC FLIGHTS
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One-Way Flights: Payment must be received no later than the Due Date. Time for payment shall be of the essence. If the Due Date is not a business day (bank holiday, Saturday or Sunday) the due and payable amount must be received, credited and cleared to the Company's nominated bank account prior to the last preceding business day. Payments are to be made at cost of the Client and in the currency and to the bank account stated on the invoice. For Peak Travel Period, full payment must be received at least ten (10) business days prior to the Due Date. The Charter will not be confirmed until payment has been received unless otherwise agreed by Company in writing.
Round Trip Flights: Payment must be received no later than the Due Date. Time for payment shall be of the essence. If the Due Date is not a business day (bank holiday, Saturday or Sunday) the due and payable amount must be received, credited and cleared to the Company’s nominated bank account prior to the last preceding business day. Payments are to be made at cost of the Client and in the currency and to the bank account stated on the invoice. For Peak Travel Period, full payment must be received at least ten (10) business days prior to the Due Date. The Charter will not be confirmed until payment has been received, unless otherwise agreed by Company in writing.
INTERNATIONAL FLIGHTS
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One-Way Flights: Payment must be received no later than the Due Date. Time for payment shall be of the essence. If the Due Date is not a business day (bank holiday, Saturday or Sunday) the due and payable amount shall be received, credited and cleared to Company’s nominated bank account prior to the last preceding business day. Payments are to be made at cost of the Client and in the currency and to the bank account stated on the invoice. For Peak Travel Period, full payment must be received at least ten (10) business days prior to the Due Date. The Charter will not be confirmed until payment has been received.
Round Trip Flights: Payment must be received no later than the Due Date. Time for payment shall be of the essence. If the Due Date is not a business day (bank holiday, Saturday or Sunday) the due and payable amount shall be received, credited and cleared to Company’s nominated bank account prior to the last preceding business day. Payments are to be made at cost of the Client and in the currency and to the bank account stated on the invoice. For Peak Travel Period, full payment must be received at least ten (10) business days prior to the Due Date. The Charter will not be confirmed until payment has been received.
ADDITIONAL CREDIT CARD AUTHORIZATION: Client authorizes Company or its nominated agent to place an administrative hold on the credit card provided for the total cost of the Charter plus an additional fee equal to 5% of the total net charter cost as reflected in the Charter Quote. Such funds may be applied (as reflected on final client invoice) to the following items including but not limited to: credit card processing fees, passenger catering, passenger ground transportation arrangements, special Client requests, additional airport/international handling costs due to Client/passenger delays, last minute changes to itineraries, Client damage to aircraft, cleaning costs for reasons caused by Client, or any other reasons deemed reasonable by Company.
CANCELLATIONS: Some flights require significant planning prior to the date of the departure under which costs are incurred by Company. Under such circumstances, Client agrees to be responsible for the actual costs incurred by Company in preparation for the trip in addition to any cancellation policy penalty that may apply. Such costs may include, but are not limited to aircraft handling services, international permits, airline tickets and crew hotel rooms.
DOMESTIC FLIGHT CANCELLATION PENALTIES
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One-Way Flights: One-Way flights are non-refundable from date of booking and are subject to a 100% cancellation equal to the full amount of the Charter Quote, unless otherwise agreed by Company in writing.
Round Trip Flights: Client will be charged 2 hours flight time at the quoted retail hourly rate for the aircraft if cancelled within 48 hours of the scheduled departure time, unless otherwise agreed by Company in writing.
INTERNATIONAL FLIGHT CANCELLATION PENALTIES
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One-Way Flights: One-Way flights are non-refundable from date of booking and are subject to a 100% cancellation equal to the full amount of the Charter Quote, unless otherwise agreed by Company in writing.
Round Trip Flights: Round Trip flights are non-refundable from booking and are subject to a 100% cancellation equal to the full amount of the Charter Quote, unless otherwise agreed by Company in writing.
PEAK TRAVEL PERIOD
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100% cancellation penalty equal to the full amount of the Charter Quote applies to all confirmed flights upon booking during Peak Travel Period, unless otherwise agreed by Company in writing. Peak Travel Period is defined as three (3) business days prior to, until three (3) business days after one of the following major holidays: New Years Day, Presidents Day, Memorial Day, July 4th, Labor Day, Columbus Day, Thanksgiving, Christmas Day, and other select Special Events, unless otherwise agreed by Company in writing.
SECURITY CONCERNS
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100% cancellation penalty equal to the full amount of the Charter Quote will apply in the event a flight is affected by security concerns caused by the Client or passengers.
NO SHOW POLICY: A no-show will be charged the full amount of the Charter Quote, unless otherwise agreed by Company in writing. If the Client is more than one (1) hour late from scheduled departure time on the itinerary and has not notified Company, it will be considered a no-show and Company reserves the right to enforce the no-show policy.
If the Client notifies Company of a delay within one (1) hour after the scheduled departure time, Company will make every effort to accommodate an extension of time. The Clients newly requested departure time would be considered the new "scheduled" departure time. While Company will make every effort to accommodate the new "scheduled" departure time, Company cannot guarantee completion of the flight due to the resulting crew duty or scheduling issues. Cancellation charges and or additional crew travel/overtime charges may apply.
BAGGAGE: Company is not responsible for shipping excess (or rejected) baggage. If the Client provides more luggage than will fit in the designated baggage area of the aircraft, Company will assist with the shipment of excess items at the Clients sole expense.
DOCUMENTATION & SECURITY: All passenger names must be provided to Company 24 hours prior to the departure date ( 72 hours prior to the departure date for International Flights). A valid government-issued photo ID is required for all passengers over the age of 18 prior to the passenger boarding the flight. The Client is further responsible for obtaining any travel authorization documents such as passports and visas that may be required by any governmental authority. In the event the Client provided ID and/or security information is invalid, all liability for government issued fines is the Clients responsibility. Client also understands that any inconsistencies in the passenger manifest may cause departure delays. In the event a minor under the age of 18 is traveling with only one parent or legal guardian, notarized documentation signed by the absent parent or legal guardian must be submitted to Company 72 hours prior to departure, releasing the company from any liability and/or responsibility.
ITINERARY CHANGES and TRANSMITTAL OF CHANGES: Itinerary changes are permitted, subject to aircraft and crew availability, and price adjustment. Notification of changes and/or cancellations must be in writing and transmitted by e-mail to legacyaviation@legacyaviationgroup.com prior to the cancellation timeframe listed above.
TRIP INTERRUPTION: In the event this charter cannot be completed due to a mechanical issue of the aircraft, the Client will only be responsible for payment of all costs incurred for the completed portion(s) of the trip. Company does not guarantee that an alternative aircraft will be available, but will make every effort to provide a comparable aircraft option which may result in an additional charge to the Client.
DAMAGE & EXCESSIVE WEAR: Client is financially responsible for the repair of damage or cleaning required as a result of excessive wear caused to the aircraft during this flight. Client will be charged for the cost of repairs, and may be subject to the cost of lost use of the aircraft at aircrafts minimum daily usage rate. Client understands and agrees that Company will source the appropriate aircraft cleaning service to complete the cleaning and repair services listed above.
PETS: Pets are not allowed on any charter flights without prior approval by Company. If the transportation of a pet is approved, Client is responsible for any cleaning fees or damage caused to the aircraft. Failure to advise Company of any pets may result in a flight cancellation and subject to standard cancellation terms.
SMOKING: Smoking is not permitted on any charter flights without prior approval by Company. If smoking is approved, Client may be charged for additional cleaning fees for the aircraft.
WEAPONS & HAZARDOUS MATERIALS (HAZMAT): Company must be notified at the time of booking if the Client wishes to transport a firearm and/or hazardous materials onboard any aircraft. Firearms are allowed onboard the aircraft so long as they are transported in accordance with FAA/TSA regulations. The passenger must bring an approved trigger lock for each handgun or other firearm and must provide the key to the trigger lock to an approved crew member. Passengers will not have access to the firearm until the completion of the flight. If the passenger wishes to carry the firearm while onboard the aircraft, prior permission from Company must be obtained.
ACKNOWLEDGMENT OF OPERATIONS: Client acknowledges that Company is acting solely as a broker and is not a carrier. Client acknowledges that Company does not operate the flights or provide the other services that the Client authorizes Company to book on the Client’s behalf. Of all aspects, Client further acknowledges that the aircraft operator has sole responsibility, liability and control of all aspects of the aircraft charter services provided to Client, including without limitations, 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 Clients air travel, such as crew performance and catering services.
RESPONSIBILITY: Company shall not be liable for any injury, damage, loss, expense, indirect, special or consequential damages, or other irregularity caused by the defect of any vehicle or conveyance, or the negligence of any company or person engaged in conveying the passenger or carrying out the arrangements for your trip or by accident, delay, flight schedule, change, cancellation, sickness, weather, strikes, war, quarantine, or any similar cause.
Company liability shall in any case be limited to the amount paid to it, and any claim shall be adjudicated in and governed by the laws of state of Texas. The parties acknowledge that each party received reasonably equivalent value in exchange for the obligations incurred hereunder and both parties affirm and represent that they are not insolvent at the time of this transaction; the parties further represent that if either party should become insolvent, the insolvent party must provide written notice to the other party and that failure to provide such notice constitutes a continuing representation of solvency.
EXCLUSIONS OR ADMISSIONS: Company will be indemnified and held harmless by Client for any misrepresentation presented by the carriers, on Company website or otherwise. Any exclusion or omissions either expressed or implied are not the responsibility of Company.
UNENFORCABILITY OR PROVISIONS: The illegality or validity of any paragraph, clause or provision contained or referred to in this Charter Agreement shall not affect or invalidate any other paragraph or provision hereof. If any provision of this Charter 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.
COUNTERPARTS: This Charter Agreement may be executed in one or more counterparts, each of which shall be deemed to be duplicate originals, and one and the same Charter Agreement. Facsimile signatures shall be considered original, legal and binding signatures.
WAIVER: 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.
ENTIRE AGREEMENT: 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 Company and Client. Any and all prior agreements, understandings and representations, whether verbal and/or written, are hereby terminated and cancelled in their entirety and are of no further force and affect. Any terms and conditions contained within the Charter Itinerary 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 hereof, to induce them to execute this Charter 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 the Parties relating to this agreement that are not contained herein.