Definitions
"Customer" – The broker, entity, or person requesting the charter service.
"Charter Company" – Will Smith Aviation, hereinafter referred to as the "Charter Company."
Pricing and Availability:
Inclusions in Quote Total: The Quote Total comprises estimated aircraft taxi times, estimated flight times, and pilot services, providing a comprehensive overview of the core service components.
Exclusions from Quote Total: The Quote Total does not encompass after-hours fees, unplanned handling fees, or any charges resulting from inclement weather, such as hangar and deicing expenses. Additionally, extra flight charges due to weather deviations or air traffic control delays are excluded.
Special Requests and Additional Costs: The Grand Total excludes special requests such as customer ground transportation, catering, or itinerary changes unless explicitly outlined in this quote or mutually agreed upon in writing.
Basis of Grand Total: The Grand Total is contingent upon aircraft and crew availability, as well as the preference for the Charter Company's Fixed Base Operator.
Fixed Base Operator Requests: Specific requests regarding Fixed Base Operators may necessitate a re-quoting process to align with availability and any associated costs.
Contract Validity: This contract holds validity for 24 hours from the Contract Date, providing a reasonable timeframe for consideration.
Legal Commitment: Upon acceptance of the terms and conditions detailed herein, this document transforms into a legal and binding contract between the Customer and the Charter Company.
Broker Compliance: In cases where the Customer is a broker, an agreement to advertise and bill in compliance with all applicable Federal Aviation Administration ("FAA") and Department of Transportation ("DOT") requirements is implicit.
Pricing and Inclusions
Quote Total: The Quote Total encompasses estimated aircraft taxi times, estimated flight times, and pilot services.
Exclusions from Quote Total: The Quote Total does not cover after-hours fees, unplanned handling fees, or any charges resulting from inclement weather, such as hangar and deicing fees. Extra flight charges due to weather deviations or air traffic control delays are not included.
Grand Total Exclusions: The Grand Total does not incorporate special requests, including customer ground transportation, catering, or itinerary changes, unless expressly detailed in this quote or mutually agreed upon in writing.
Basis of Grand Total: The Grand Total is contingent upon aircraft and crew availability, as well as the Charter Company's preferred Fixed Base Operator.
Fixed Base Operator Requests: Specific requests for Fixed Base Operators may necessitate re-quoting based on availability and associated costs.
Contract Validity and Acceptance
Contract Duration: The contract remains valid for 24 hours from the Contract Date.
Legal and Binding Agreement: Upon acceptance of the terms and conditions outlined herein, this document constitutes a legally binding agreement between the Customer and Charter Company.
Responsibility of Brokers: In the event the Customer is a broker, they commit to advertising and billing in accordance with all pertinent Federal Aviation Administration ("FAA") and Department of Transportation ("DOT") requirements.
Cancellation Policy
Charter Service: Cancellation 72 hours before the time and date of the Customer’s trip, the Customer will get a full refund.Cancellation less than 72 hours before the time and date of the Customer’s trip, the Customer will be subject to a fee of 50% of the deposit with 50% of the deposit being held as a credit toward another trip.Cancellation within 24 hours of the time and date of the Customer’s trip will result in a fee equal to 100% of the deposit.
Jet Card Service: Cancellation 72 hours before the time and date of the Customer’s trip, the Customer will get that trip added back to the Customer’s Jet Card.Cancellation less than 72 hours before the time and date of the Customer’s trip, the Customer will not get that trip added back to the Customer’s Jet Card.Cancellation within 24 hours of the time and date of the Customer’s trip will result in a fee of $2,500.00 for the Customer and no trip being added back to the Customer’s Jet Card.
Charter Company Cancellation: The policies listed are subject outside of acts of God, war, famine, civil commotion, strikes or labor disputes, government regulation, law, rule or authority, or any causes beyond the Charter Company’s reasonable respective control.For acts of God, war, famine, civil commotion, strikes or labor disputes, government regulation, law, rule or authority, or any causes beyond the Charter Company’s reasonable respective control no cancelation fee will be incurred.
International Documentation Requirements
Passport and Visa Obligation: All passengers on international flights are required to possess a valid passport and/or visa.
Pre-Departure Submission: The Charter Company must receive the necessary travel documents from the Customer before the scheduled departure.
Validity Assurance: It is the responsibility of the Customer to ensure that the submitted documents, including passports and visas, are valid for the entirety of the trip.
Cancellation or Delay Due to Invalid Documents: In the event that the required international travel documents are not provided to the Charter Company before departure or are found to be invalid (e.g., expired passport or visa), and this circumstance necessitates the cancellation or delay of the trip, the terms outlined in the Cancellation Policy shall be applicable.
Responsibility and Liability:
Limitation of Liability: The Charter Company shall not be held liable for delays, cancellations, or failures to provide services caused by circumstances beyond their reasonable control. This includes but is not limited to mechanical difficulties, weather conditions, acts of God, war, civil commotion, strikes or labor disputes, government regulations, laws, rules, or authorities.
Customer's Responsibilities: The Customer assumes full responsibility and liability for the safety, schedule, baggage, cargo, and all personal and business activities of themselves and their passengers/invitees associated with air reservations and travel arranged by the Charter Company.
Prohibited Acts and Substances: The Customer, their agents, passengers, guests, or employees shall refrain from engaging in any acts or possessing substances that may lead to the seizure, forfeiture, or damage to the aircraft or compromise its safe operation.
Prohibited Items: Explosives: Dynamite, fireworks, flares, and other explosive materials are strictly prohibited.Compressed Gases: Tanks containing compressed gases, such as propane or helium, are not allowed.Oxidizers: Substances that promote combustion, like oxygen generators, are prohibited.Corrosive Materials: Strong acids, bases, or other corrosive substances are not allowed.Flammable Liquids and Solids: Gasoline, lighter fluid, and other flammable liquids or solids are prohibited.Loaded Firearms: Firearms or ammunition, unless separated and unloaded and authorized by Charter Company, are not allowed.Radioactive Materials: Any radioactive materials are strictly prohibited.Poisons: Toxic substances or poisonous materials are not allowed on board.Paints: Paints, varnishes, or other substances with strong odors are prohibited.Mace/Tear Gas: Pepper spray or any similar self-defense sprays are not allowed.Lighter Fluid: Any type of lighter fluid or flammable liquid used for ignition is prohibited.Oxygen Bottles: Portable oxygen bottles are generally not allowed unless required for medical reasons and pre-approved.Fireworks: Fireworks, sparklers, or any pyrotechnic devices are strictly prohibited.Hazardous Materials: Any materials classified as hazardous under federal regulations are not allowed.Illegal Substances: Possession or transportation of illegal drugs or substances is strictly prohibited.Other Restricted Items: Alcohol of any kind
Limited Exceptions: Limited quantities (up to 70 ounces total) of certain items, such as medicinal or toiletry articles like hairspray, perfume, and necessary medicines for customer use during their journey, may be carried within baggage. For more comprehensive information on hazardous materials and air travel safety guidelines, please refer to the FAA's Hazardous Materials Safety Initiatives(http://www.faa.gov/about/initiatives/hazmat_safety/). Your cooperation ensures a secure and compliant travel experience for all passengers.No Express or Implied Warranties: The Charter Company makes no representations or warranties, either express or implied, regarding matters not explicitly addressed in this agreement. This includes but is not limited to fitness for a particular purpose, merchantability, or any other implied warranties.
Indemnification: The Client agrees to indemnify and hold harmless the Charter Company, its affiliates, and all related officers, directors, employees, members, legal representatives, and any other agents, successors, and assigns (the "Indemnified Parties"). This indemnification covers any and all liabilities, losses, damages, penalties, costs, and expenses arising from claims, suits, actions, demands, proceedings, or similar matters resulting from the services performed under this agreement by the Charter Company on the Client's behalf.
Payment Terms:
Reservation Deposit: To secure the charter trip, a deposit equivalent to 50% of the Quoted Total is required. This deposit can be made using Visa, MasterCard, Discover, or American Express.
Full Payment Deadline: Full payment must be completed 72 hours prior to the proposed departure date and time.Late
Payment Consequences: Failure to submit the full payment by the specified deadline will result in 5% late fee in addition to terms outlined in the Cancellation Policy.Itinerary
Changes and Transmittal of Changes:
Permissible Itinerary Changes: Itinerary changes are allowed, subject to aircraft and crew availability and potential price adjustments.
Notification Requirements: All changes or cancellations must be communicated in writing via email to sales@willsmithaviation.com.
Timely Submission: Changes must be submitted at least 7 days prior to ensure proper consideration and coordination.
Operational:
Charter Operator: Aircraft leased by Charter Company are operated under FAA Part 135 Air Carrier Certificate # L39A038L
Weather:
Initiation of Delays or Cancellations: Delays or cancellations without penalty may only be initiated by the Charter Company, guided by our commitment to passenger safety.
Cancellation and Delay Terms: Any cancellations or delays exceeding 2 hours, not initiated by the Charter Company, shall be subject to the terms outlined in our comprehensive Cancellation Policy.
Baggage and Cargo Policy:
Weight Information Submission: All Customer passenger weights and luggage weights are required upon request and at the time of booking to facilitate accurate planning.
Assumed Baggage Weights: The Quote Total and feasibility of the quoted itinerary are calculated based on the assumed baggage weights of 35 lbs. per passenger.
Communication of Excess Weights: Any baggage and/or cargo weights exceeding 35 lbs. per passenger must be promptly communicated via email to sales@willsmithaviation.com.
Potential Additional Costs: In cases of excess weights, additional pricing and/or fuel stops may be required, and such costs will be incurred at the Customer’s expense.
Flight Crew Authority: To uphold safety standards during flight, our experienced flight crew holds the authority to reject any baggage weights exceeding those communicated to the Charter Company.
Customer Responsibilities: Any fees or expenses associated with the alternative transportation of excess baggage or cargo are the sole responsibility of the Customer.
Pets:
Accommodations: Charter Company will not accommodate pets.