Terms of Service
TERMS OF SERVICE
1. ENGAGEMENT
Client hereby engages Air Integrity to act as it’s broker to arrange for the services described on the charter Quotation, to which these standard Terms & Conditions are annexed, on behalf of client from third party certified Air Carriers operating under CFR Part 135 of the Federal Aviation Administration ("FAA") regulations (section 14, code of Federal regulations) or foreign equivalent.
2. RESERVATIONS & CANCELLATIONS
A. This Agreement is not complete under both Client and Air Integrity both sign the Agreement. The charter quotation includes an estimated price for your charter services being arranged. We will deliver your charter Itinerary by email, which will include confirmation of your reservation, specifying the date(s) and estimated departure time, flight legs arranged on your behalf, aircraft type and/or tail number, along with other requests specified by you when booking your flight. In some cases, aircraft tail and crew are not assigned until 24 hours prior to departure.
B. The Client understands and acknowledges that cancellation of the scheduled trip will result in a cancellation charge of 100% of the quoted price of the trip. However, if the charter operator the quote is booked through, has a more lenient policy (e.g. round-trips can be canceled within seven (7) days and a full refund will be provided), Air-Integrity will honor whatever more lenient terms the operator provides, minus a 10% administrative fee.
For all flights, the Client acknowledges that any change in date, time, itinerary, passenger count, or aircraft type may be deemed a cancellation and subject to a cancellation charge of 100%. Client acknowledges that a "no show" of passengers or passengers arriving more than 30 minutes late for departure will be considered a cancellation and the Client will be charged 100% of the cost of the trip. Other additional cancellation charges may include, but are not limited to: costs incurred as a result of partial completion of itinerary, including but not limited to returning aircraft to its base, plus the greater of: (i) costs incurred for specific positioning and repositioning an aircraft and flight crew in preparation for the canceled trip, (ii) flight charges equivalent to two hours of operation for each day of the canceled itinerary, or (iii) any fees incurred by Air Integrity as a result of the Client’s cancellation. Air Integrity reserves the right to change the terms of its cancellation policy at any time.
Any cancellation of any confirmed reservation/charter Itinerary or portion thereof may be subject to the terms and conditions of the specific air carrier selected Air Integrity assumes no responsibility for the disposition or cancellation of any reservation, either by the Client or by the air carrier. If your flight is canceled due to extraordinary circumstances (weather conditions, security risks) Air Integrity reserves the right, in its sole discretion, to allow you to book another flight, but there will be no compensation offered.
C. It is the Client’s sole responsibility to notify Air Integrity of all requested itinerary changes and flight cancellations in advance of the scheduled flight. The Client must notify Air Integrity by email and must receive a written response from the Air Integrity representative acknowledging such change prior to the change becoming effective and/or accepted.
3. PRICE QUOTES
Charter Quotation is subject to the following:
A. Domestic USA and some international flights may be subject to Federal excise Tax (FET) and passenger segment fees, respectively. Air Integrity will add the applicable taxes and fees, using the current rate, to each charter quotation, and the Client will pay such amount. If more passengers are added to the trip after the contract is executed, additional fees will be billed to the Client upon flight completion. Air Integrity will be responsible for and will remit any and all taxes and fees associated with each trip, as collected by the Client.
B. Client understands and agrees that the charter quotation provided includes estimates for certain fees. The total cost of the trip may be affected due to additional flight time due to air traffic control delays, airspace and landing fees, weather delays, hangar, and de-icing fees during inclement weather, the use of alternate airports due to weather conditions or FAA temporary flight restrictions, aircraft and crew wait time, additional fuel surcharges, international fees, catering, ground transportation, flight phone charges, Wi-Fi, taxes, flight fees, fuel surcharges, overflight permits, customs fees, customs clearance, and availability, airport arrival & departure charges, aircraft schedule, crew trip expenses, and similar out of pocket expenses relating to the services provided should these amounts differ from the original cost estimated on the Charter Quotation. The Client is responsible for payment of these items and will be billed at cost. Payment must be received from Client via bank wire transfer within one (1) business day of the occurrence and notice of the charge. Full settlement of international trips may take up to twelve (12) months to be invoiced and are the responsibility of the Client.
C. If a deviation from the original itinerary is requested by the Client and agreed to by Air Integrity, or if any such deviation is caused or necessitated by Client’s actions, then the amount owed by Client to Air Integrity may be greater than the original cost estimate displayed on the Charter Quotation. Client hereby agrees to pay any and all charges associated with such deviations from the original Charter Quotation.
D. If Client requests a specific Fixed Based Operator (FBO), a surcharge may be charged by the aircraft operator and is the responsibility of Client.
4. PAYMENT TERMS
Client agrees to pay all costs, fees and expenses set forth on the Charter Quotation, as well as all additional costs and expenses associated with this flight reservation (including, but not limited to, taxes, surcharges and fees set forth in section 3, above, and damages as set forth in paragraph 8, below). Air Integrity requires prepayment in full for all anticipated charges. All funds must be payable in us dollars. You may choose to pay via Bank Wire Transfer in accordance with the wire transfer instructions noted in the "Bank Wire Transfer Instructions" section, or by using a credit card for certain flights which require approval in writing by Air Integrity prior to booking.
5. AIRCRAFT OPERATION
Client acknowledges and understands that Air Integrity is acting solely as a third-party aircraft broker and does not have nor possess an Air Carrier Certificate. Further, the Client understands that the aircraft operator has final authority over all flight segments, including the complete operational control under CFR Part 135 regulations. Client acknowledges that Air Integrity does not operate the flights and the operator will have control of the aircraft for the duration of the flight. Contracted aircrafts are operated under their respective CFR Part 135 or foreign equivalent Air Carrier Certificates, in which case the Client shall hold harmless and shall indemnify Air Integrity against any and all losses. Client authorizes Air Integrity to book on the Client’s behalf. The aircraft tail number and aircraft operator for your flight will be provided in the final itinerary, which is provided 24 hours prior to departure.
6. AIRCRAFT SAFETY
Without limitation, you acknowledge and agree that the air carrier and/or their pilots, crew members, employees and/or agents will be solely responsible for all decisions regarding safety determinations with respect to the commencement, operation and termination of flights. Client further acknowledges that Air Integrity bears no responsibility for decisions regarding such safety determinations, and the Client agrees to hold harmless from any and all consequences resulting from decisions regarding such safety determinations. Client acknowledges and agrees that Air Integrity and/or the Air Carrier may change the arrival and/or departure airport(s) to alternative airports for any portion of this flight reservation at any time to avoid weather delays, airport closures, FAA temporary flight restrictions, or potentially unsafe aircraft operations, and that Client will be responsible for any additional costs incurred for landing and extra flight time.
7. FORCE MAJEURE
Air Integrity will not be deemed to be in breach of its obligations hereunder or have any liability or responsibility for any delay, cancellation or damage arising in whole or in part from any weather conditions, act of God, act of nature, acts of civil or military authority, civil commotion, war or warlike operations or imminence thereof, strike or labor dispute, blockade, embargo, government regulation, law, rule or authority, acts or omissions of government authorities including all civil aviation authorities, requisition of aircraft by public authorities, breakdown or accident to the aircraft, mechanical failure, lack of essential supplies or parts, or if the safety of passengers and/or property is deemed by the aircraft commander or the carrier’s operational supervisors to be in jeopardy, or for any cause beyond the direct control of Air Integrity. In the case of an unforeseen mechanical or scheduling conflict unrelated to Air Integrity or Client, Air Integrity cannot commit to the price listed within this contract. In this case, Air Integrity will make a reasonable effort to provide a competitive backup solution. Additional charges may apply.
8. DAMAGES
A. Neither the air carrier nor Air Integrity shall have liability or responsibility for delay, cancellation or failure to furnish any service to be provided to you when caused by mechanical difficulty, mechanical failure, weather conditions, using an alternative airport for departure or arrival due to weather conditions, FAA temporary flight restrictions, acts of God, acts of nature, acts of civil or military authority, civil commotion, war or warlike operations or imminence thereof, strikes or labor disputes, blockade, embargo, government regulation, law, rule or authority, acts or omissions of government authorities including all civil aviation authorities, requisition of aircraft by public authorities, breakdown or accident to the aircraft, lack of essential supplies or parts, or if the safety of passengers and/or property is deemed by the aircraft commander or the carriers operational supervisors to be in jeopardy, or for 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 reservation and travel arranged by Air Integrity and performed by the air carrier.
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 Air Integrity. If you will be transporting abnormally shaped/large/bulky items, a wheelchair, medical oxygen, firearms or other hazardous materials you must communicate this beforehand to Air Integrity and receive written approval.
D. Air Integrity makes no representations or warranties of any kind, either expressed 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 county of departure, the Warsaw Convention may be applicable, and the convention governs and, in most cases, limits the liability of the Air carrier for death or personal injury and for loss or damage to baggage.
F. You shall indemnify and hold harmless Air Integrity, together with, but not limited to, its affiliates, subsidiaries, parent corporations, successors or assigns, and any present or former officers, directors, shareholders, employees, agents, legal representatives or attorneys (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 Integrity be liable for any type of indirect, incidental or consequential damages, whether arising in contract or in tort. Client will indemnify and hold Air Integrity harmless against any loss, damage or expense because of any action or omission of Client, its employees, agents, passengers, and guests. Furthermore, Client agrees to pay for any damage to the charter aircraft caused by Client, or any employee, agent, passenger or guest of Client, normal wear and tear excluded. Client will be billed for any cleaning and/or necessary repair charges incurred.
H. Client understands and acknowledges that Air Integrity is not a direct or indirect medical provider, nor employs any medical staff, and does not perform any medical services, evaluations, or procedures of any type, and Client agrees to hold Air Integrity harmless of any liabilities or damages. Any medical professionals attending the flight are provided through a third-party vendor. Client acknowledges that Air Integrity is acting solely as a broker and is not a direct or indirect medical provider.
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. limited to, those promulgated by the FAA, DOT, IRS, or any other governing agency or collectible authority which now or hereafter may be imposed or required.
10. TERMINATION
In the event of the termination of this Agreement due to default by Client, Air Integrity may cease to provide all remaining services under this Agreement and shall have all right to bring an action of claim against Client for all sums which may be due and owing hereunder and to pursue all other remedies available to it at law or in equity (including, without limitation, attorneys fees, costs, and expenses). Air Integrity reserves the right, in its sole discretion, to suspend all reservations/charter Itineraries hereunder during any period provided for curing the default by Client. Notwithstanding the foregoing, Client shall remain liable and responsible for all payment obligations under this Agreement.
11. EXCLUSIONS OR OMISSIONS
Air Integrity will be indemnified and held harmless by Client for any misrepresentations presented by the air carriers, on Air Integrity website or otherwise. Any exclusions or omissions either express or implied are not the responsibility of Air Integrity.
12. CHOICE OF LAW
This Agreement shall be construed, interpreted and enforced in accordance with, and shall be governed by, the laws of the state of Florida, both procedural and substantive, without regard to the principles of conflicts of laws.
13. UNENFORCEABILITY OF PROVISIONS
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. If any provision of this 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.
14. 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 Air Integrity, LLC and Client. Any and all prior Agreements, understandings and representations are hereby terminated and canceled in their entirety and are of no further force and effect. Any terms and conditions contained within the charter Quotation or charter Broker Agreement 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 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 parties relating to this Agreement that are not contained herein.
15. ATTORNEYS FEES
The Client understands and agrees that any breach of this Agreement, or any action, cause, claim, damage, demand or liability arising from his or her breach of this Agreement, could make him or her liable in a complaint, cross-complaint or counterclaim for all resulting damages, including attorney’s fees and legal expenses.
16. COUNTERPARTS
This Agreement may be executed in one or more counterparts, each of which shall be deemed to be duplicate originals, and one and the same Agreement. Facsimile signatures shall be considered original, legal, and binding signatures.
17. 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.
18. ARBITRATION
A. American Arbitration Association
Any dispute arising out of, in connection with, or in relation to this Agreement or the making or validity thereof or its interpretation or any breach thereof shall be determined and settled by arbitration in New York by a sole arbitrator having substantial experience in matters of this nature pursuant to the commercial arbitration rules and regulations then obtaining of the American Arbitration Association and any award rendered therein shall be final and conclusive upon the parties, and a judgment thereon may be entered in the highest court of the forum, state or federal, having jurisdiction. The service of any notice, process, motion or other document in connection with an arbitration award under this Agreement or for the enforcement of an arbitration award hereunder may be effectuated by either personal service or by certified or registered mail to the respective addresses provided herein.
B. Submission to jurisdiction by execution and delivery of this Agreement, the parties each respectively accept, for itself and its property, generally and unconditionally, the jurisdiction of the American Arbitration Association, and agree to be bound by any judgment rendered thereby and in connection with this Agreement and waive any objection either party may now or hereafter have as to the venue of any such action or proceeding. Each party hereto hereby consents to the service of process in the Arbitration by mailing copies thereof by certified mail, postage prepaid, such service to become effective three (3) business days after such mailing. Nothing herein shall affect either party’s right to service of process in any other manner prescribed by law.
19. BAGGAGE
Air Integrity is not responsible for shipping excess (or rejected) baggage. If the Client brings more luggage than will fit in the designated baggage area of the aircraft, Air Integrity will assist with the shipment of excess items at Client’s expense.
20. DOCUMENTATION
All passengers must carry a valid government-issued ID when boarding. Boarding will be denied to any passenger without displaying proper documentation when such is required by law or customs. Air Integrity requires photocopies of all passenger identifications to be sent at least 96 hours prior to departure to: success@air-inetgrity.com. All passengers are required to carry a passport when traveling internationally. Client is responsible for ensuring all passengers have all required travel documentation including passports, visas, and/or documents pertinent to the destination. If traveling with pets internationally, you must send proper documentation (ex: health certificates and pet passports) at least 96 hours prior to departure. All documents required for domestic and international travel must be presented to the flight crew for review prior to boarding. If traveling as a single parent, nonparent, or guardian with a minor, or minor traveling alone, you may be required to furnish notarized legal documentation permitting this travel.
21: PAYMENT INFORMATION
___________ Credit Card: The provided credit card will be charged immediately for the price of the trip, plus a 5% credit card fee. (ONLY available with Air Integrity discretion.)
____________ Wire Transfer: The provided credit card will be held immediately for the price of the trip, plus a 5% credit card fee. A wire must be received prior to the departure date of the trip according to the following:
For one-way trip bookings, a wire for the total price of the trip must be received within three (3) days from the signing of this Agreement or at least seven (7) days before the departure date of the trip.
For round-trip bookings, a wire for the total price of the trip must be received at least seven (7) days before the departure date of the trip.
Trip bookings with departure seven (7) days or less from time of booking require immediate payment for the full amount of the trip via wire.
Credit card information is required for both payment methods. Client acknowledges that authorization obtained on the credit card provided is valid until paid in full.
If a wire is not received according to the above, the credit card will be charged and captured for the total price of the trip, plus a 5% credit card fee.