1) ENGAGEMENT:
Client hereby engages Cardinal Jets to act as its broker to arrange for the charter services described on the Charter Itinerary, to which these Standard Terms & Conditions are annexed, 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).
2) RESERVATIONS:
a) All requests for services are subject to acceptance by Cardinal Jets Your Charter Itinerary will be delivered by fax from Cardinal Jets providing a confirmation number and the estimated price quote, and specifying the date(s) and departure time of travel, flight segments arranged on your behalf, aircraft type and other requests specified by you when booking your flight. You will be requested to sign and return a copy of the Charter Itinerary signifying confirmation of its contents and consent to these Standard Terms & Conditions.
b) Client understands and acknowledges that the cancellation of any Reservation or portion thereof within 24 hours of the beginning of the scheduled trip will result in a cancellation charge (not to exceed the cost of the canceled trip) equal 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, or (ii) flight charges equivalent to two hours of operation for each day of the cancelled itinerary.
c) Client will not be charged for flights cancelled more than 24 hours prior to departure except for those expenses or cancellation fees specifically incurred by Cardinal Jets in preparation for such flights, or except for those instances when an advance deposit is required and Client has been informed of the cancellation fee.
3) PRICE QUOTES:
The cost estimate provided to Client for each specific Charter Itinerary, is subject to the following:
a) Domestic and international flights may be subject to the federal excise tax and federal departure tax, respectively. Cardinal Jets will add the applicable tax, using the current rate, to each charter invoice, and Client will pay such amounts.
b) Client understands that the cost estimate provided by Cardinal Jets will include estimates for certain cost items. Client will pay the actual amount of applicable taxes, over-flight permits, landing charges, catering costs, flight phone, customs fees, crew trip expenses, and similar our-of-pocket expenses relating to the services provided should these amounts differ from the original cost estimate.
c) If a deviation from the original itinerary is requested by Client and agreed to by Cardinal Jets or necessitated by Client's actions, then the amount owed by Client to Cardinal Jets may differ from the original cost estimate.
4) PAYMENT TERMS:
Cardinal Jets may require either payment in advance or an acceptable credit card guarantee. By providing your credit card information, you authorize Cardinal Jets to obtain payment from the issuer of the credit card you presented if you do not make payment by another means, and you agree to perform the obligations set forth in your agreement with your credit card issuer. However, your credit card will only be charged if Cardinal 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 Cardinal 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 receipt of invoice, plus (b) the reasonable costs (including attorneys' fees) for the collection of any past due fees, expenses, and charges hereunder.
5) ACKNOWLEDGMENT of OPERATIONS:
Client acknowledges that Cardinal Jets is acting solely as a broker and is not an air carrier and is not operating the flights Client authorizes Cardinal Jets to book on Client's behalf. 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 and cargo and other people and events associated with your air travel, such as crew performance and catering services.
6. SAFETY OF OPERATION:
Without limitation, you acknowledge and agree that the air charter suppliers and/or their pilots will be solely responsible for all decisions regarding safety determinations with respect to the commencement, operation and termination of flights.
7. FORCE MAJEURE:
Cardinal Jets will not be deemed to be in breach of its obligations hereunder or have any liability for any delay, cancellation or damage arising in whole or in part from any act of God, act of nature, acts of civil or military authority, strike or labor dispute, mechanical failure, lack of essential supplies or parts or for any cause beyond the direct control of Cardinal Jets or the carrier.
8. DAMAGES:
a) Neither the air charter suppliers nor Cardinal 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, war, civil commotion, strikes or labor disputes, government regulation, law, rule or authority, or any causes beyond their reasonable respective control;
b) 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 us and performed by the air charter suppliers;
c) 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 us; and
d) Cardinal 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.
e) 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.
f) You shall indemnify and hold harmless Cardinal Jets, its affiliates and all of their officers, directors, employees, legal representatives and other agents, successors and assigns (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 Cardinal Jets be liable for any type of indirect, incidental or consequential damages, whether arising in contract or in tort, exceeding the amount paid by Client for the flight in question. Client will indemnify and hold Cardinal Jets harmless against any loss, damage or expense incurred by Cardinal Jets by reason of any action or omission of Client, its employees, agents and guests. Furthermore, Client agrees to pay for any damage to the aircraft caused by Client, or any employee or guest of Client. Normal wear and tear excluded.
9. 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. This Agreement is governed by the law of the State of Missouri. The illegality or non-validity of any paragraph, clause or provision contained or referred to in this Agreement shall not affect or invalidate any other paragraph or provision hereof. It is understood and agreed that this Agreement contains the entire agreement of the parties with respect to the subject matter hereof. No terms or provisions of this Agreement may be changed except by written instrument signed by both parties.
