Terms and Conditions


1. ENGAGEMENT: Client hereby engages Fllite to act as its broker to arrange for the charter services described on the Charter Itinerary, 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 Fllite. Your Charter Itinerary will be emailed from Fllite providing an 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 confirm and agree to the selected Charter Itinerary signifying confirmation of its contents and consent to these Standard Terms & Conditions.

b. Client understands and acknowledges that the trip cancelled by the client less than five (5) business days prior to the proposed departure may be subject to cancellation fees of up to one-half of the full price of this contract or actual costs incurred by the 135 Charter Operator in preparation of executing this trip, whichever is greater, plus any incidental fees incurred by the 135 Charter Operator. Trips that are cancelled by the client or his/her agent less than three (3) business days prior to the proposed departure may be subject to cancellation fees of up to the full price of this contract plus any incidental fees.

c. If the flight is cancelled, regardless of the amount of days, and the Client uses a Credit Card, Fllite cannot refund the 3% credit card fee associated with the original charge. The 3% credit card fee that is imposed by the card provider cannot be refunded. The flight charges can be refunded based on section 2b but not the 3% credit card fee. If the Client uses a credit card the fees imposed by the card provider is the Clients full responsibility.

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. Fllite 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 Fllite 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. The Client may make changes to the itinerary before or during the trip, to the extent to which it will not impact other trips or scheduled events on the Aircraft for the 135 Charter Operator. The Client acknowledges that changes to the itinerary may change the price of the trip, and the Client agrees to pay any difference in pricing incurred due to the Client’s changes in itinerary. If the client’s desired changes cannot be accommodated, the 135 Charter Operator will make every effort to meet the Client’s needs for travel by alternate means.

4. PAYMENT TERMS:

a. Fllite requires payment in advance for any booking. The booking won’t be finalized and scheduled until full payment has been made. Payment is due in full 72 hours prior to departure of the trip. However, it is encouraged to pay as soon as you decide on your trip as the booking is not scheduled until payment is made and the aircraft is open for others to utilize. You may pay via Credit Card, ACH Bank Transfer or Wire. If you select Credit Card, Fllite will add 3% to your total invoice amount. ACH and Wire transfers are Free.

b. If Client makes changes to the flight itinerary as stated in section 3c. The 135 Charter Operator will notify Fllite of these additional expenses and Fllite will provide an additional Invoice to the Client. The Client has 14 days to pay the invoice.

c. If Client is the cause of damage to the aircraft eg carpet stains, seat puncture / rips or other interior causemetic damage. The Client understands that they will be responsible for paying for the resolution of such damage. Fllite will be notified by the 135 Charter Operator of any damage and expenses and Fllite will provide an additional Invoice to the Client. The Client has 30 days to pay the invoice.

5. ACKNOWLEDGMENT OF OPERATIONS: Client acknowledges that Fllite is acting solely as a broker and is not an air carrier and is not operating the flights Client authorizes Fllite 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: Fllite 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 Fllite or the carrier.

8. SUPPLEMENTAL SERVICES: Any services for supplemental catering, ground transportation, lodging, restaurants, entertainment, itinerary changes or other services that may be provided by the 135 Charter Operator are explicitly listed in the quote section of this contract, or will be charged post execution at actual costs. Costs incurred due to flight time in excess of estimated flight time depicted on this quote or for De-icing costs incurred during winter operations are not included in this quote and will be charged post execution at actual costs.

a. WIFI / FLIGHT PHONE. If the aircraft has WIFI available, data usage will be complimentary. If the aircraft is equipped with an Flight Phone, use of the phone will be charged at $2.00/Minute.

9. PROHIBITED ITEMS: 14 CFR has identified numerous items that are prohibited to travel on board aircraft. Items such as fireworks, crowbars and bleach are included on the list but not limited to. A complete list can be found on https://www.tsa.gov. Any prohibited item is not allowed on board any Charter Operator Aircraft.

10. HAZARDOUS MATERIALS: The Charter Operator is allowed by the FAA to carry Hazardous Materials. However, any Hazardous Materials (HAZMAT), as defined by 49 CFR must be identified and declared to the Charter Operator not less than 24 hours prior to shipment aboard any Aircraft operated by the Charter Operator. The Client acknowledges and accepts the Shipper’s responsibilities as defined in 49 CFR, to include but not be limited to proper preparation of shipping papers, packaging and labeling IAW 49 CFR. By his/her signature on this contract the client acknowledges understanding of the notifications listed below.

a. PASSENGERS: Federal Law forbids the carriage of hazardous materials not previously declared to the Charter Operator aboard aircraft in your luggage or on your person. A violation can result in five years’ imprisonment and penalties of $250,000 or more (49 CFR 5124). Hazardous Materials include: Explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives, and radioactive materials. Examples include but are not limited to: Paint, lighter fluid, fireworks, tear gases, oxygen bottles, and radio-pharmaceuticals. There are exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in your luggage and certain smoking materials carried on your person. For further information please contact Fllite.

b. CARGO: Cargo containing hazardous materials (dangerous goods) for transportation by aircraft must be offered in accordance with the Federal Hazardous Materials Regulations (49 CFR). A violation can result in five years’imprisonment and penalties of $250,000 or more (49 CFR 5124). Hazardous Materials include: Explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives, and radioactive materials. For further information please contact Fllite.

11. DAMAGES:

a. Neither the air charter suppliers nor Fllite 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 −2− 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. Fllite 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 Fllite, 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 Fllite 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 Fllite harmless against any loss, damage or expense incurred by the Client. Furthermore, client agrees to pay for any damage to the charter aircraft caused by client, or any employee or guest of client, normal wear and tear excluded.

12. 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 Colorado. 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.