Last Updated: May 3, 2018

 

These Terms and Conditions, in combination with our Privacy Policy (available at www.freestyleaviation.com), shall apply to all charter services arranged by Freestyle Aviation LLC ("Freestyle Aviation," "we," "us," or "our") on behalf of an individual client ("Client" or "you"). Freestyle Aviation and Client are sometimes referred to in these Terms and Conditions together as the "Parties" and each is a "Party." 

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Charter. These Terms and Conditions apply to all booking, operation of, and payment for charter services and shall remain in effect until terminated in writing by either Party in accordance with these Terms and Conditions. Freestyle Aviation acts as an agent, appointed by Client, to arrange air transportation provided by aircraft operators that have control over the operational functions performed in providing that air transportation, in accordance with Federal Aviation Administration (“FAA”) and Department of Transportation (“DOT”) laws, rules and regulations. These Terms and Conditions do not constitute a commitment on the part of either Party for any specific charter flight unless and until a confirmed itinerary for a charter flight (a "Confirmation") is delivered to Client by Freestyle Aviation and accepted by Client, at which time the Parties will be bound by and subject to these terms and conditions and any special provisions set forth in the Confirmation. 

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​Pricing and Fees. Flight prices will be invoiced based on aircraft availability and may differ from the initial quoted estimate up until the time of Confirmation. Additional fees, as incurred, such as additional flight time, fuel surcharges, ground transportation, catering, flight WiFi, hangar parking, de-icing, international fees, crew overnights, flight attendant, etc., will be the responsibility of Client and may be added to the invoice or billed separately.

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Taxes. Client shall pay all applicable taxes related to the operation of the aircraft for the chartered flight, including but not limited to: (i) leg segment taxes; (ii) federal and state excise taxes; (iii) international departure and arrival taxes; and (iv) other fees, taxes or charges imposed by any governmental or airport authority.

 

Payment. Client shall supply Freestyle Aviation with all required payment information reasonably requested by Freestyle Aviation in order to secure the charter itinerary requested by Client. Client shall be required to prepay the amount of the entire charter itinerary for a flight. All invoices for additional expenses that are not paid within ten (10) days of the invoice date shall be subject to interest at the rate of 1.5% per month on all amounts outstanding after the expiration of the ten (10) day period, plus all costs of collection (including, without limitation, attorney's fees). Client shall promptly pay any undisputed amounts while Freestyle Aviation and Client apply their commercially reasonable efforts to resolve any differences related to the balance of an invoice.

 

Operation. Freestyle Aviation does not operate aircraft. Flights will be operated by a certified aircraft operator ("Direct Air Carrier") licensed by the FAA with authority from the DOT. Flights will be operated in accordance with Federal Aviation Regulations (“FAR”) Part 135 and the Direct Air Carrier will have operational control at all times. If the Direct Air Carrier, in its sole discretion, believes that the safety of the flight may be jeopardized for any reason, the flight may be terminated or refused without any special, consequential, or incidental liability for loss, injury, damage, or expenses occasioned by such termination or refusal. Should an aircraft be diverted to an alternative airport, be forced to return to base or suffer a technical failure, Freestyle Aviation shall use attempt to provide assistance in sourcing alternative means of transportation for the completion of the itinerary, whether from the original Direct Air Carrier or an alternative Direct Air Carrier. Unless otherwise agreed by Freestyle Aviation, the cost of any such alternative transport shall be for the account of Client named in the original Confirmation, with any such costs to be settled in full prior to the commencement of any alternative transportation. Flight range may vary based on the weight of the passengers and their baggage, weather, distance, airport altitude and runway length. Smoking and the use of illegal drugs are not permitted on charter flights arranged by Freestyle Aviation. Client shall, at the time of Confirmation, inform Freestyle Aviation of any allergies, medical restrictions and/or dietary needs of any passenger. Freestyle Aviation shall use reasonable efforts to inform Client of any cargo, refreshment, passenger or other restrictions or limitations applicable to the aircraft to be used for a specific charter; provided, however, that any such restrictions or limitations shall be in addition to, and not in lieu of, any applicable rules, regulations, approvals, and certifications as provided in the section below headed “Regulations.” 

 

Regulations. These Terms and Conditions are subject to all applicable rules, regulations, approvals, and certifications in effect which may include, but are not limited to, those promulgated by the DOT, the FAA, and the Transportation Security Administration and that now or hereafter may be imposed or required.

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Identification. Client is responsible for informing all passengers of the requirement to provide valid proof of identification and/or citizenship prior to boarding, and Freestyle Aviation shall not be liable for its reasonable refusal to board any passenger who fails to provide appropriate identification (all passengers must provide to the Direct Air Carrier at least one form of government-issued photo identification (federal or state) reasonably acceptable to the Direct Air Carrier in its sole discretion) sufficient for current government regulations, including passport and visa requirements. In addition, minors (individuals under the age of 18 years old on the date of flight) traveling internationally without both custodial parents will require a signed and notarized letter authorizing the travel of the minor from the absent custodial parent(s). The written consent should expressly state the flight itinerary and the absentee custodial parent's signature should expressly permit the minor child/children to fly to the applicable destination for the applicable time period. In cases of sole custody, legal proof of sole guardianship is required.

 

Disclosures. Freestyle Aviation is an “Air Charter Broker” under DOT regulations and does not operate aircraft. Freestyle Aviation acts as a Client’s agent, and in that capacity Freestyle Aviation will arrange transportation services with a Direct Air Carrier on Client’s behalf. Client will be the “Charterer” of such air transportation services under DOT regulations. For additional information on aircraft operation generally, see the section above headed “Operation.” Prior to the start of the flight, Freestyle Aviation will notify Client of the flight itinerary, tail number, legal name of the Direct Air Carrier, and any fictitious names, trade names or similar other names currently in use by the Direct Air Carrier. Freestyle Aviation does not carry additional liability insurance. Client and passengers are covered by Direct Air Carrier’s insurance.

 

Cancellation. Terms of cancellation, including the time in which a flight may be cancelled by Client without obligation and the fees and costs for which Client will otherwise be responsible, are as set forth in the flight quote documentation (or other accompanying or subsequent forms of documentation and communications) provided to Client by Freestyle Aviation. Acknowledgement and acceptance of the Client's trip specific cancellation policy will be presumed upon Freestyle Aviation's receipt of the Confirmation.

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If Client cancels a flight after acceptance of a Confirmation, Client will immediately pay to Freestyle Aviation as agreed compensation for such cancellation 50% of the total price for such flight quoted in the Confirmation, plus 100% of any additional costs incurred by Freestyle Aviation in connection with the flight as of the date of the cancellation, provided that if Client cancels a flight within fourteen days or less of the flight’s scheduled departure date, Client will immediately pay to Freestyle Aviation as agreed compensation for such cancellation 100% of the total price for such flight quoted in the Confirmation, plus 100% of any additional costs incurred by Freestyle Aviation in connection with the flight as of the date of the cancellation. The foregoing general cancellation terms will be superseded in whole or in part as to a particular flight by any specific cancellation terms communicated by Freestyle Aviation to Client in writing (which writing may include without limitation a quote or a “Special Conditions” section included in these terms and conditions) in connection with such flight.

 

Liability For Damages. Client shall be liable for all damage - caused by Client or any of Client's employees, agents, representatives, or guests - to aircraft or property of the Direct Air Carrier or Freestyle Aviation, 

 

LIMITATION OF LIABILITY; NO WARRANTIES. Freestyle Aviation shall not be liable for delay, cancellation, or failure to furnish any transportation caused in whole or in part by any regulation, law, ordinance, or rule of any government or agency thereof or by acts of God, weather conditions, acts of terrorism, strike, or other labor dispute, damage to or loss of aircraft, mechanical difficulty, war, civil commotion, Client's failure to confirm a reservation, or any other cause beyond the reasonable control of Freestyle Aviation. Freestyle Aviation shall not have nor assume any responsibility or liability to Client for activities performed by a Direct Air Carrier. The Direct Air Carrier shall be solely responsible for all claims arising out of any and all occurrences, accidents or incidents that occur on or in connection with the aircraft operated by the Direct Air Carrier, including, without limitation, all personal injuries, property damage or wrongful death. Freestyle Aviation is not responsible for any negligent act or omission by a Direct Air Carrier or its personnel and is not responsible for any personal injury, property damage, accident, delay, inconvenience, or change in itinerary that may occur. Freestyle Aviation shall not be liable for (a) any amounts in excess of the price paid for a particular flight; or (b) any result of a matter or occurrence beyond its reasonable control. IN NO EVENT SHALL FREESTYLE AVIATION BE RESPONSIBLE, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR RELIANCE DAMAGES, INCLUDING LOSS OF PROFITS. FREESTYLE AVIATION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO ANY MATTER ARISING OUT OF THESE TERMS AND CONDITIONS OR THE SERVICES PROVIDED TO CLIENT OR ANY GUEST OF CLIENT; FREESTYLE AVIATION HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE.

 

Assignment; Binding Effect. Neither Party may assign its rights or obligations, as described in these terms and conditions or in the Confirmation, relating to a confirmed flight without the prior written consent from the other Party; provided, however, that Freestyle Aviation shall have the right to assign its rights and obligations without Client’s written consent in the event of a sale of all or substantially all of Freestyle Aviation’s assets or equity interests, including by way of a merger. These terms and conditions shall apply to, shall inure to the benefit of, and be binding upon, the parties and their respective heirs, representatives, successors and assigns. Notwithstanding the foregoing, Client acknowledges that flights will be operated by approved Freestyle Aviation vendors, each as an individual FAR Part 135 air carrier with full operational control and each operating in full compliance with all FAA requirements and additional safety standards established by Freestyle Aviation. Such approved vendors shall be certified by the Federal Aviation Administration with authority from the United States Department of Transportation.

 

Governing Law. The enforcement of these terms and conditions shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.