AIRCRAFT CHARTER AGREEMENT
A. Prestige Air Group, LLC is a certificated Part 135 charter operator, with its principal place of business located in Las Vegas, Nevada.
B. Client desires to obtain aircraft charter services from Operator (Prestige Air Group), which aircraft charter services shall, during the term of this Agreement, be based at Henderson Executive Airport (KHND).
COVENANTS AND OBLIGATIONS: Accordingly, in consideration of the premises and the covenants and obligations hereinafter set forth and intending to be legally bound, Operator and Customer hereby agree as follows:
1. AIRCRAFT CHARTER SERVICES: Subject to the terms and conditions contained herein and in accordance with all applicable Federal Aviation regulations, Operator agrees to provide Single Pilot Part 135 aircraft charter services for Client in an aircraft owned, leased or brokered by Operator, hereinafter referred to as the “Charter Services”. Upon signing the quote page, customer agrees to, and is bound by all terms within this contract, regardless of whether or not a credit card was provided.
2. CHARGES AND PAYMENTS: The following charges shall apply to the aircraft charter operations and shall be due and payable by Customer to Operator, plus catering, landing fees, parking fees, all de-icing of aircraft or heated hangar fees at snow airports, and A/C fees at hot airports. pre-approved flight crew expenses (hotel, rental car, etc.) Charter Fee As quoted. Flight Crew Included in Quote. Federal Excise Tax 7.5% of Charter Fee and Flight Crew (excluding trip expenses such as per diem, hotel, rental car and repositioning charges to the extent permissible under law).
3. EARLY TERMINATION (FLIGHT CANCELLATION POLICY): Unless otherwise specified, the following cancellation terms apply: 15% NON-REFUNDABLE CANCELLATION PENALTY APPLIES TO ENTIRE QUOTE UPON BOOKING OF TRIP. All “one way” trips cancelled within 72 hours of the proposed departure time have a 100% cancellation penalty. Additionally, the following cancellation fees will apply:
A) Within one week of scheduled departure date, 25%. 72 hours prior to departure time of flight., 50% of Charter Quote B) Within 48 hours prior to departure time of flight, 100% of Charter Quote
4. HOLIDAYS AND SPECIAL EVENTS: For Holiday and special event bookings, Charter is subject to 50% cancelation fee of quoted charter amount, if canceled within 30 days of the scheduled departure date, and 100% of quoted charter price, if canceled within 15 days of the scheduled departure date. In the event the charter is canceled due to customers failure to appear, 100% of the charter quoted amount is due.
5. FLIGHT DELAYS: Operator shall use its best efforts to adhere to the schedule of arrival and departure times, as specified by Customer. In the event the operator is unable to complete the trip due to mechanical issues, pilot illness or any other events beyond the control of the operator, client will be responsible for the portion of the flight completed, and any additional cost’s associated with securing another aircraft or mode of transportation to complete the trip. All quotes are calculated on estimated flight times based on the route segments to be flown, plus incidental charges and estimated facility fees. In the event that delays, diversions (due to weather or any other circumstances) are experienced and result in an increase in the flight time or incidental expenses, customer is responsible for any and all additional fee’s.
6. LATE PASSENGER ARRIVAL: Should passengers arrive at theTerminal or FBO past their scheduled departure time, Operator has the option of canceling the flight without refund. If Operator’s schedule allows ability to stand by, Operator is entitled to $50 per half-hour stand by fee. Standby fees billed in half hour increments, starting 30 minutes after the original scheduled departure time. Operator will make every effort to accommodate the passengers, and will make passengers aware if the schedule is going to be tight.
7. MISCELLANEOUS PROVISIONS: Neither this Agreement, nor any of the terms or Exhibits hereof may be terminated(except as provided herein), amended, waived or modified except by way of in writing signed by Operator and Customer. This Agreement, including any and all Exhibits, constitutes the entire Agreement between Operator and Customer in respect of the matters covered hereby and supersedes any and all prior and contemporaneous agreements, understandings and communications, either oral or written, between Operator and Customer in respect to the subject matter thereof.
8. BAGGAGE POLICY: Baggage capacity varies between aircraft. It is the customers responsibility to confirm, before the cancellation period, the size, weight, and quantity of baggage that can be accommodated or baggage will be shipped at customers expense.
9. CLEANING/RESTORATION CHARGES: Customer will be responsible for any and all cost of cleaning, restoring and/or repairing damages beyond normal wear and tear to the interior of the aircraft. Smoking on the aircraft is prohibited. Pets are allowed with pre- approval and $300 cleaning fee.
10. ATTORNEY FEES: In the event litigation arises from this agreement, the prevailing party will be entitled to collect all expenses, including attorney fees incurred during the collection process.
11. RESPONSIBILITY: Air Service Provider shall not be liable for any loss, expense, direct or indirect, damage, special or consequential damages, injury or other irregularity caused but the defect of any aircraft, vehicle, or conveyance or the negligence of any third party company or third party person engaged in conveying the passengers or carrying out the arrangements for your trip. The above mention includes any delay, flight schedule change, cancellation, sickness, weather, strikes, war, quarantine, acts of God, or any similar cause. Air Service Providers liability in any case is limited to the amount paid to us and any claims shall be adjudicated and governed by the laws of the state in which we have our principle business location. In any event, if the chartered flight does not reach its intended destination, due to any circumstances, the air service provider, and/or its customer may at its option provide substitute transportation. In such cases, the customer would be solely responsible for any and all additional expenses associated with substitute transportation.
12. Federal Taxes and Segment Fee’s: By signing contract, client/broker acknowledges they have read, understand, and agree to adhere to Excise Tax and Segment Fee Collection, explained on page 3 this contract.
13. PAYMENT TERMS: Payment of the total estimated cost for each flight must be received by Prestige Air Group, LLC, in the form of a Certified Bank Check, Cash or Credit Card BEFORE THE SCHEDULED DEPARTURE DATE. If paying by credit card, please add 4% to the total quoted price.
****Changes in Customer’s itinerary must be approved by Operator and may result in additional fees. These additional charges may not be included with the original estimate and, if so, will be billed separately. Charges for the total estimated cost and any additional fees incurred will be due immediately and payable in full, following the completion of the trip.****
*************FEDERAL EXCISE TAX COLLECTION*******************
Any 3rd party/Brokers/Travel Agents booking a flight with Prestige Air Group, LLC, understands that quotes do not include FET and Segment Fees. Unless you ask us to include taxes and fees in your quote, you are responsible for adding the appropriate taxes such as Federal Excise Tax (FET), Segment Fees, and International Arrival and Departure Fees, etc. It is anticipated that you will collect these taxes directly from your customer and forward them through the proper filings to the US Treasury. You understand that taxes are based on the cost of the TOTAL FLIGHT, including any additional fee’s added by broker and associated with the flight. If taxes are added to your quote, and you charge an additional fee, you are responsible for collecting the taxes associated with your fee. IF TAXES ARE NOT SHOWN ON THE QUOTE, YOU UNDERSTAND THAT YOU ARE RESPONSIBLE FOR CHARGING, COLLECTING AND REMITTING ALL APPLICABLE FEDERAL TAXES AND FEES. By signing the quote, you guarantee that you have previously, and will continue to collect applicable taxes from your clients on trips using an aircraft operated by Prestige Air Group, LLC. By signing quote and booking a flight, you are acknowledging that you have read, understand, and agree to our policy concerning excise tax/ segment fee collection, reporting and payment to the federal government .