1. GENERAL: Aircraft Transport Services (hereinafter referred to as “ATS”) agrees to provide aircraft charter services to the above-named client in accordance with the attached schedule and the price quote stated. This quote is valid for 10 days from the day of receipt and is based upon aircraft and crew availability. ATS does not guarantee tail numbers only the aircraft type is guaranteed. The undersigned (hereinafter referred to as “Client”) acknowledges and agrees that it has engaged (or intends to engage) Aircraft Transport Services to operate certain flights to transport the undersigned’s third-party customers on aircraft operated by ATS. Read this agreement and the Quote (collectively referred to as “Agreement”) carefully as these documents constitute a binding and enforceable contract.
2. RESERVATIONS & CANCELLATIONS:
a. When Client returns a signed copy of this Agreement and complies with payment provisions, this is a binding contract for Aircraft Charter Services in accordance with any quote provided to you. By signing and returning the Agreement, Client confirms its agreement to the Agreement including the price and other terms. The Agreement may be returned to ATS by email, fax or other means authorized by ATS or by responding in a writing, including an email, accepting the Agreement and Client will be committed to purchase the Charter Services set forth herein including all provisions of the Quote. See also Section14, Electronic Signatures. Times shown in the Quote or elsewhere are subject to change due to, among other things, weather, air traffic control considerations, and unexpected aircraft mechanical issues, and are not guaranteed.
b. Client will not be charged for flights ( and other services identified in the Charter Services Agreement) canceled in writing more than 72 hours prior to departure of a trip within the continental United States, more than 5 days prior to departure of a trip outside of the continental United States. Trips within a Peak Period always incur a 100% cancellation fee. Any one-way flights or empty leg charges are always non-refundable The administrative fee for all timely written cancellations with sufficient notice shall be 10% of the amount stated in the Quote.
c. Other cancellation fees and charges may also apply. Any change in date, time, itinerary, number of passengers or type of aircraft may be deemed a cancellation and be subject to a cancellation charge. Other types of cancellation charges may include, but are not limited to: costs incurred as a result of partial completion of the itinerary, including but not limited to return of 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 ATS as a result of the client’s cancellation. Any cancellation of any Charter Services Agreement or portion thereof may be subject to the terms and conditions of the specific air carrier and service providers selected and such charges shall be the responsibility of the Client. ATS assumes no responsibility for the disposition or cancellation of any reservation.
d. Peak Periods are those periods of time during Peak Travel Days. Peak Travel Days include the following: New Year’s Day, President’s Day, Easter Sunday, Passover, Memorial Day, Fourth of July, Labor Day, Thanksgiving, December 1-31, 2022, and Super Bowl. The term “Peak Travel Days” includes the day noted, as well as the four days prior and two days after.
3. QUOTES: The Quote provided to the Client for each specific Charter Itinerary, is subject to the following:
a. Additional costs may include client-requested catering, cleaning fees due to smoking or excessive wear & tear by clients, specific FBO requests, wifi internet, ground transportation, flight phone, de-icing, hangar fees, and/or any additional services requested by the client. Any additional services arranged by ATS for the client including catering will incur a 20% administrative fee in addition to any handling/administrative charges by the caterer or other service provider. Wifi Internet charges could exceed $20,000 on international itineraries. Please initial _____if You authorize wifi internet to be used on the aircraft (if available). If wifi/internet is authorized we will process a deposit of $10000.00 on trips of 10 hours or less and $20000.00 for trips over 10 hours. ATS does not guarantee the wifi service or performance of the wifi as this is provided by 3rd party vendors. There are no refunds on used wifi. Wifi will be reconciled after the completion of the trip and any unused wifi will be refunded.
b. Domestic and international flights may be subject to federal excise tax, federal departure tax, and/or domestic or international segment fees.
c. If a deviation from the original itinerary is requested by Client and agreed to by ATS, or if any such deviation is caused or necessitated by Client’s actions, then the amount owed by Client to ATS may differ from the original cost estimate. The client hereby agrees to pay any and all charges imposed by ATS associated with such deviations from the original. The Quote’s requested itinerary is subject to verification of the facilities and/or airport appropriate for the aircraft.
d. The Quote provided to You includes a cash discount. If payment is not made in cash and your credit card is charged, the amount you will be obligated to pay is the amount set forth in the Quote plus four percent (4%).
4. PAYMENT TERMS: ATS requires authorization guaranteed on an acceptable credit card. This will guarantee You make payment by wire transfer of the amount of the Quote ( that includes a cash discount) plus 4%. If payment is not received at least 120 hours before the time of departure/after Contract Confirmation, whichever occurs first, or if payment is made via credit card, ATS will collect the amount of the Quote plus 4% in lieu of cash discount via the aforementioned credit card. All applicable segment fees and FET will be paid by the broker/agent or client unless noted otherwise. This quote serves as an invoice for payment prior to trip departure. A final invoice will be provided post-flight to include any additional charges.
5. FEDERAL EXCISE TAX EXEMPTION CERTIFICATE: The undersigned acknowledges and agrees that it has engaged (or intends to engage) Aircraft Transport Services, Inc. to operate certain flights to transport the undersigned’s third-party customers on aircraft operated by ATS. This certificate shall apply to all Flights and to all passengers. The undersigned further acknowledges and agrees that, with respect to all flights and to all passengers transported thereon, it is the undersigned’s sole and exclusive responsibility to collect, account for and pay over to the Internal Revenue Services, all applicable federal excise taxes described in sections 4261 et. seq., and/or sections 4271 et. Seq., of the International Revenue Code of 1986, as amended (or any successors statutes or provisions), and that Aircraft Transport Services, Inc, shall be exempt from having to collect, account for and pay over to any person, entity or governmental agency any of the foregoing taxes and fees.
The undersigned further acknowledges and agrees that (i), in connection with the Flights, the undersigned is not an agent of Aircraft Services, Inc.; and (ii), the undersigned will provide to Aircraft Transport Services, Inc., upon written request, evidence of the undersigned’s collection and payment of taxes and fees. This certificate shall remain in full force and effect between the parties for all trips completed during the calendar year.
6. FORCE MAJEURE: ATS 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 ATS.
7. DAMAGES:
a. ATS shall have no 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, 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, 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 causes beyond their reasonable respective control
b. Client shall 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 ATS and performed by the air charter suppliers;
c. Client, client’s authorized 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. Hazardous goods cannot be carried without special processing. Please see the link below to determine what are considered hazardous goods. You must advise us if you want to transport hazardous goods and we’ll determine if they can be accepted.https://www.faa.gov/about/initiatives/hazmat_safety/
d. ATS 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. Client shall indemnify and hold harmless ATS, 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 ATS BE LIABLE FOR ANY TYPE OF INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN CONTRACT OR IN TORT. CLIENT WILL INDEMNIFY AND HOLD ATS HARMLESS AGAINST ANY LOSS, DAMAGE OR EXPENSE INCURRED BY ATS BY REASON 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.
8. REGULATIONS: This Agreement is subject to all applicable rules, regulations, approvals and certifications in effect from including, but not limited to, those promulgated by the FAA, which now or hereafter may be imposed or required.
9. 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 law.
10. UNENFORCEABILITY OF PROVISIONS: The illegality or invalidity 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.
11. 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 ATS 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 Quote are incorporated by reference herein. The Parties acknowledge that no other party, or any agent or attorney of another 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 the Parties relating to this Agreement that are not contained herein.
12. INDEMNIFICATION: Client agrees to indemnify, hold harmless and defend ATS and the Indemnified Parties from and against any and all actions, causes, claims, damages, losses, penalties, demands, obligations or liabilities, expenses or disbursements (including, without limitation, reasonable costs and attorney’s fees), asserted by any third party, arising out of or relating to this Agreement. By signing this agreement, the Client hereby agrees to all terms and conditions contained within this Agreement until Client is notified by ATS of a change in terms.
13. ELECTRONIC SIGNATURES: Client and ATS agree that receipt of information electronically that the recipient reasonably believes to be authorized by the transmitting party shall constitute the valid signature on behalf of the transmitting party.