Air-Taxi Agreement
1) ENGAGEMENT:
Client hereby engages Air-Taxi Holdings LLC to act as its broker to arrange for the Air-Taxi services described on the Air-Taxi 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).
Air-Taxi.com, Air-Taxi Holdings LLC does not own or operate aircraft. All flights are operated by FAA Certified Part 135 air carriers. Carriers providing service for Air-Taxi.com must meet both FAA requirements and stringent Air-Taxi.com standards.
Air-Taxi Holdings LLC has no operational control or responsibility over any flight operation. The air charter suppliers have sole responsibility, liability and operational control of all aspects of the Air-Taxi 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.
2) RESERVATIONS:
a) All requests for services are subject to acceptance by Air-Taxi Holdings LLC and our third party operators. Your Air-Taxi Itinerary will be delivered by email or fax from Air-Taxi.com 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. Accessing the Air-Taxi.com site, in any manner, whether automated or otherwise, constitutes use of the site and your agreement to be bound by this charter broker agreement.
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 Air-Taxi.com 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. Air-Taxi.com 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 Air-Taxi.com 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 Air-Taxi.com or necessitated by Client's actions, then the amount owed by Client to Air-Taxi.com may differ from the original cost estimate.
4) PAYMENT TERMS:
Air-Taxi.com may require either payment in advance or an acceptable credit card guarantee. By providing your credit card information, you authorize Air-Taxi.com 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, if you have arranged other means of payment, your credit card will only be charged if Air-Taxi.com 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 Air-Taxi.com (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 Air-Taxi.com is acting solely as a broker and is not an air carrier and is not operating the flights Client authorizes Air-Taxi.com to book on Client's behalf. Air-Taxi Holdings LLC has no operational control or responsibility over any flight operation. The air charter suppliers have sole responsibility, liability and operational control of all aspects of the Air-Taxi 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:
Air-Taxi.com 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 Air-Taxi.com or the carrier.
8. DAMAGES:
a) Neither the Air-Taxi suppliers nor Air-Taxi Holdings LLC 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) Air-Taxi Holdings LLC 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 Air-Taxi Holdings LLC, 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 Air-Taxi Holdings LLC 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 Air-Taxi Holdings LLC harmless against any loss, damage or expense incurred by Air-Taxi Holdings LLC 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. TRAVEL SERVICE LIMITATION OF LIABILITY
I HAVE CAREFULLY READ THIS RELEASE, FULLY UNDERSTAND ITS CONTENTS, AND ACKNOWLEDGE AND AGREE TO THE TERMS OF THIS RELEASE, WHICH IS ENTERED INTO IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, AND WHICH I SIGN OF MY OWN FREE WILL. I CERTIFY THAT I AM 18 YEARS OF AGE OR OLDER.THE AIRLINES, AIR-TAXIS, AIR CHARTER OPERATORS AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES THROUGH THE SITE (COLLECTIVELY, "TRAVEL SUPPLIERS") ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE COVERED PARTIES. THE COVERED PARTIES DO NOT ASSUME LIABILITY FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT OR DELAY DUE TO AN ACT OR OMISSION OF A TRAVEL SUPPLIER, INCLUDING, WITHOUT LIMITATION, AN ACT OF NEGLIGENCE OR THE DEFAULT OF A TRAVEL SUPPLIER, OR AN ACT OF GOD. FURTHER, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY DAMAGE AND/OR DELAY DUE TO SICKNESS, PILFERAGE, LABOR DISPUTES, BANKRUPTCY, MACHINERY BREAKDOWN, QUARANTINE, GOVERNMENT RESTRAINTS, WEATHER, TERRORISM OR CAUSES BEYOND THE COVERED PARTIES' CONTROL. NO RESPONSIBILITY IS ACCEPTED FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, FAILURE TO MAKE CONNECTIONS, RE-ROUTING OR ACTS OF ANY GOVERNMENTAL AUTHORITY.
BY DECIDING TO CONTINUE, YOU ACKNOWLEDGE THAT YOU UNDERSTAND THIS DOCUMENT AND RESULTS IN YOUR GIVING UP VALUABLE LEGAL RIGHTS TO SUE AIR-TAXI HOLDINGS LLC AND ANYONE OWNING OR RESPONSIBLE FOR THE CONDITION OF THE AIRCRAFT, FACILITIES OR ANY EQUIPMENT USED IN, AND ANY OTHER PERSON OR ORGANIZATION INVOLVED IN THE ACTIVITIES CONTEMPLATED BY THIS RELEASE, FOR ANY LOSS, INJURY, OR DEATH YOU MAY SUFFER AS THE RESULT OF YOUR PARTICIPATING IN THE AIRPLANE OR HELICOPTER RIDES WITH AIR-TAXI HOLDINGS LLC’S THIRD PARTY INDEPENDENT AIR-TAXI OR AIR CHARTER CONTRACTORS, EVEN IF THE RESULT OF NEGLIGENCE.
WARNING! AVIATION IS A HIGH RISK ACTIVITY WITH THE POSSIBILITY OF SERIOUS INJURY OR DEATH. IN CONSIDERATION OF AIR-TAXI HOLDINGS LLC’S OR OPENTAXI SYSTEMS LLC'S THIRD PARTY INDEPENDENT AIR-TAXI OR AIR CHARTER CONTRACTORS ALLOWING ME TO PARTICIPATE IN AIRPLANE AND/OR HELICOPTER RIDES, I AGREE THAT:
1. ASSUMPTION OF RISK: I am fully aware that participating in airplane and helicopter rides is a high risk activity that contains inherent risks and dangers, including without limitation serious injury or death, that no amount of care, caution, instruction, or expertise can eliminate. I voluntarily and freely choose to accept and assume any and all such risks and dangers.
2. EXEMPTION FROM LIABILITY: I fully discharge the state, the county, and the airport operators, Air-Taxi Holdings LLC, Air-Taxi Holdings LLC’s third party independent Air-Taxi or Air Charter contractors, and anyone owning or responsible for the condition of the aircraft, facilities or any equipment used in and any other person or organization involved in the activities contemplated by this Release, and each of their employees, agents, contractors, successors, and assigns (the “Released Parties"), from any and all liability, claims, actions, and causes of action, whatsoever, arising out of any damage, loss, or injury to me or my property while participating in any of the activities contemplated by this Release, whether such loss, damage or injury results from the negligence of the Released Parties, or from any other cause or causes.
3. COVENANT NOT TO SUE: I agree never to institute any suit or action at law or otherwise, and instruct my heirs, insurers, and the executors and administrators of my estate never to institute any suit or action at law or otherwise, against the Released Parties, nor to assist nor initiate the prosecution of any claim for damages or causes of action which I, my heirs, my insurers, or executors or administrators may have by reason of damage, injury or death to my person or property arising from the activities contemplated by this Release.
4. INDEMNITY AGAINST THIRD PARTY CLAIMS: I agree to indemnify and hold harmless the Released Parties from any and all losses, claims, actions, or proceedings of every kind and character as a result of my participation in the activities contemplated by this Release. This includes reimbursement of all legal costs, reasonable attorney’s fees, and all losses financially incurred by the Released Parties for the defense of any actions that may arise from the activities contemplated by this Release.
5. CONTINTUATION OF OBLIGATION: I agree and acknowledge that the foregoing EXEMPTION FROM LIABILITY, COVENANT NOT TO SUE, and INDEMNITY AGAINST THIRD PARTY CLAIMS provisions shall continue in full force and effect now and in the future, and at all times during my participation in the activities contemplated by this Release, and shall be binding upon my heirs, insurers, and executors and administrators.
6. INSURANCE: I understand that if I require insurance I must obtain my own. I understand that none of the Released Parties provide or have insurance of any type, including without limitation, life, liability, or medical insurance.
7. SEVERABILITY: If any part of this Release is not enforceable, the affected portion shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law, and the remainder of the Release shall continue in full force and effect.
10. PASSPORTS, VISAS, AND HAZARDS
We have no special knowledge regarding foreign entry requirements such as the need for passports and visas, unsafe conditions, health hazards, weather hazards, supplier bankruptcies, or the suitability for disabled persons of any portion of any tour. You hereby release the Covered Parties from any claims resulting in whole or in part from any problem covered in this paragraph and any other causes not within our control.
11. 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 Texas. 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.
How to Contact Us
Should you have any questions, concerns or comments please email us at customerservice@air-taxi.com . Or please contact us by writing to:
Customer Service
6046 FM2920 RD, #126
Spring, TX 77379
© 2008 Air-Taxi Holdings LLC, all rights reserved.
Air-Taxi.com is a service mark of Air-Taxi Holdings LLC.
Last Updated: April 7, 2008
|
