Terms & Conditions for Charter BuNo, INC.
1. Agreement. Client and Charter BuNo, Inc. (“Charter BuNo”) agree that the following terms and conditions shall apply to all charters from the point at which Charter BuNo has received Client’s passengers for transport until the aircraft reaches the final destination, except as otherwise noted herein or specifically modified on the applicable quote sheet, with these Terms and Conditions, together with the applicable quote sheet, constituting the “Agreement.” Client’s execution of this Agreement permits Charter BuNo to act as Client’s agent on behalf of Client in sourcing and arranging air transportation with its subcontractors.
2. Quote. The price quoted in the applicable quote sheet is valid for 30 days from the date on the quote sheet. All fuel, oil, crew salary, and aircraft maintenance shall be paid by Charter BuNo. Any fuel surcharge shall be paid for by Client. All other expenses, charges and costs, including, without limitation, transportation taxes, foreign taxes, levies, nonobjection fees, duties, royalties, catering, ground transportation, air phone, deicing, hangar fees for inclement weather, landing fees, handling fees, airway fees, security fees, navigation fees, ramp fees, after-hours airport operations fees, parking fees, and special or accessorial services requested by Client shall be paid for by Client. Any advances or disbursements made by Charter BuNo for Client shall be promptly reimbursed by Client.
3. Payment/Pricing. Client shall pay Charter BuNo the minimum of the “Total Cost” price set forth on the trip sheet plus any additional billing per your Agreement, which shall be deemed irrevocably earned unless transportation hereunder is canceled, in which event the provisions of subsection 5 (re: Cancellation) of this Agreement, shall apply. The price is based on the planned itinerary and anticipated charges. Price includes estimated charges and taxes for the flight itinerary listed above. Additional flight time charges may be incurred in the event of weather avoidance, holding, and re-routing changes. Total Cost does not include ground transportation, after-hours airport operation fees, parking fees, aircraft de-icing or hangar-related expenses due to ice or inclement weather, catering, flight phone, customer special requests, or itinerary change. Should any part of your itinerary change, the trip may be re-quoted. Certain 3rd party charges may incur a 10% service fee. Additional charges may not be included with original invoice and may be billed at a later time. Charter BuNo reserves the right to adjust the charter price due to any change of rate of exchange from the date of signature until the completion of the Agreement. If agreement cannot be achieved as to adjustment of the charter price, Charter BuNo shall have the option to cancel the Agreement without compensation. Payment for all anticipated charges must be made in advance of departure of charter. Charter BuNo will accept the following forms of payment: cash, check, wire transfer and credit card. Payments are due upon execution of the quote sheet.
4. Cancellation. Any domestic flight (taking place wholly within the United States) cancelled within 72-24 hours of scheduled departure will be subject to a cancellation fee equal to 2 hours flight time. Domestic flights cancelled within 24 hours of scheduled departure will be subject to a cancellation fee equal to 100% of the quoted amount. International flights cancelled within 72 hours of scheduled departure will be subject to 100% cancellation fee. The departure date and time of the intended flight departure shall be used for calculating how long in advance cancellation occurred. All one-way EMPTY LEG trips are subject to a 100% cancellation fee.
5. Termination. Charter BuNo may terminate this Agreement by notice to Client without any compensation:
- i. If Client commits any breach of this Agreement.
- ii. If Client suspends payment or goes bankrupt (or goes into liquidation) or commits an act of bankruptcy or enters into an agreement with his creditors.
- iii. If Client cancels more than two flights in a series of flights, Charter BuNo is entitled to cancel the remaining flights in this series without being liable to pay any cancellation fee or compensation whatsoever, provided that Charter BuNo makes use of this right of cancellation within eight days after receipt of Client's notice of cancellation of any third or more flights.
6. Indemnity. Client shall indemnify Charter BuNo for all claims whatsoever put forward by passengers, shippers or other persons in connection with cancellation on the part of either Client or Charter BuNo to the extent permitted by law. Macro Jet’s liability with respect to any cargo, Client, Consignee and/or any other party claiming with respect to cargo or goods and whether for loss, damage, delay, shortage, misdelivery, failure to delivery or otherwise, shall be only as follows:
- a. All charter flights conducted by Charter BuNo under this Agreement shall be covered by aircraft liability insurance. At Client’s request, Charter BuNo will provide Client a certificate of insurance evidencing such liability coverage and naming Client as an additional insured. Insurance coverage for loss or damage to property (including, without limitation, baggage and personal effects) of Client or any passenger will be limited to the relevant insurance coverage in place.
- b. Client shall indemnify Marco, its employees and agents against all claims, expenses and costs, including legal costs, in respect of any liability to third parties for any damage whatsoever arising out of any act or omission on the part of Client, passengers, shippers and subcontractors, resulting in liability of Charter BuNo, its employees or agents.
- c. Exceptions. Charter BuNo shall not be liable for loss, damage, delay or other result caused by:
- i. acts of Force Majeure1;
- ii. the act or default of Client or Consignee;
- iii. the nature of the cargo or any defect, characteristic or inherent vice thereof;
- iv. violation by Client or Consignee of any term or condition contained in or incorporated into this charter, including, without limitation, improper packing, securing, marking or addressing, and/or failure to observe any of the terms or conditions relating to shipments not acceptable for transportation or acceptable only under certain conditions; or
- v. compliance with the delivery provisions from Client or noncompliance with special instructions not authorized herein.
7. Limitation of Liability. Client agrees that unless a higher value is declared on the face hereof Charter BuNo' liability for loss, damage or otherwise with respect to cargo is limited to fifty cents ($.50) per pound actual weight of the cargo so lost or damaged or actual loss or damage with respect to said cargo, whichever is less.
IN THE CASE OF AN INSURABLE EVENT, AND PROVIDED THAT ALL INSURANCE AS IS REQUIRED IS IN FULL FORCE AND EFFECT AND NO DENIAL OF COVERAGE HAS OCCURRED FOR ANY REASON WHATSOEVER (EXCEPT FOR A DENIAL ARISING SOLELY DUE TO CLIENT’S OWN ACTIONS OR FAILURE TO ACT), CLIENT AGREES THAT THE INSURANCE PROCEEDS TO WHICH IT IS ENTITLED WILL BE ACCEPTED AS CLIENT’S SOLE RECOURSE AGAINST CHARTER BUNO FOR ANY LOSS OR DAMAGE TO CLIENT EXCEPT TO THE EXTENT CAUSED BY OR DUE TO THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF CHARTER BUNO.
In no event shall any Party be liable to the other, or have any duty for indemnification or contribution to the other, for any claimed indirect, special incidental, consequential or punitive damages, costs or expenses, including attorneys’ fees and including damages for loss of revenue, profit, business opportunities and the like, even if such Party had been advised, or knew or should have known of the possibility of such damages.
8. Subcontracting/Assignment. Charter BuNo is a private air charter intermediary. Services will be provided by a third party under contract with Charter BuNo on behalf of the client. Charter BuNo shall be entitled to subcontract and/or assign the whole or any part of the transportation services, and each such subcontractor shall be entitled to all rights, benefits, defenses, limitations and/or immunities available to Charter BuNo pursuant to this charter. Subcontractors shall be a properly certificated charter operator and shall be approved by Charter BuNo. Client shall not have the right to refuse the subcontracted flight without penalty, subject to Termination provisions under Section 5. Client is not entitled to assign his rights or sublet under this Agreement, partly or in full, without the express permission in writing of Charter BuNo. All empty leg flights stipulated in the present Agreement as well as all empty leg flights in connection with performance of the flight(s) agreed upon in this Agreement are at the exclusive disposal of Charter BuNo.
9. Performance, Substitution. Provision of service will be deemed to have been satisfactorily performed if passengers reach their intended destination regardless of any delays that may occur. Client acknowledges that the aircraft availability is subject to, without limitation, prior booking, crew availability, weather and ATC related events, maintenance requirements, sale of the aircraft, use by the aircraft owner, and withdrawal from charter service. Should the quoted aircraft be unavailable, Charter BuNo shall use its best efforts to arrange for a substantially similar substitute aircraft at the best available rate among approved subcontractors. Client will be provided with a written quote for the substitute aircraft to include the cancellation policy of the vendor. Should the quoted aircraft be unavailable, Charter BuNo shall use its best efforts to arrange for a substantially similar substitute aircraft at the best available rate among its approved subcontractors. Client will be provided with a written quote for the substitute aircraft to include the cancellation policy of the vendor.
10. Restricted Activities; Charter BuNo’ Right of Refusal to Conduct Flight.
All aircraft are restricted from the following activities:
- a. Smoking of tobacco or other similar products of any kind.
- b. Contraband of any kind.
- c. The carriage of pets.
Client agrees and acknowledges that Charter BuNo reserves the right to refuse to commence a charter trip, or to terminate a charter trip as soon as is reasonably practicable, in the event Client attempts to bring any type of pet, or to smoke, on board the aircraft . In the event Client breaches either of these requirements and Charter BuNo is unable to terminate the trip before a pet is brought on board, contraband is brought onto the aircraft or smoking on board the aircraft occurs, Client agrees and acknowledges that (i) Client shall be responsible for any damages resulting from these activities, including but not necessarily limited to cleaning costs and costs from any loss of use of the aircraft while it is being cleaned, the full cost of Client’s scheduled trip, and any additional repositioning costs arising from the early termination of the charter trip; and (ii) Charter BuNo shall have full authority to charge all of said above amounts to Client’s credit card in addition to any other costs and expenses owed by Client hereunder.
Charter BuNo may refuse carriage of cargo, baggage, or luggage that, in its sole discretion: is improperly packaged; drugs or weapons, is not suitable for carriage; is hazardous and/or dangerous; exceeds the operational capacity of the aircraft; cannot be loaded within the allotted space; cannot be transported in accordance with applicable laws and regulations; or, has an aggregated value in excess of $1,000,000 with no prior special arrangements having been made.
11. Conditions of Carriage. The present Agreement shall be subject to the provisions of the Title 14 Volume 2 Chapter 1 Subchapter G Part 135 (a.k.a. FAR Part 135) governing commercial air carriers. In addition Client must declare any: Drugs, Weapons, hazardous cargo and unusually heavy/large items.
12. TSA and Passenger Security. Federal regulations require the positive identification of each passenger over the age of 18 and the leg of the trip in which they will be traveling. All passengers are subject to a security check with the Transportation Security Agency (TSA). We request the name, identification type (e.g., driver’s license number and state of issuance) be provided at least 24 hours prior to departure. Any changes to the passenger list should be provided as soon as possible. At the time of boarding, each passenger will be required to present a photo ID for positive identification. Providing passenger information late may result in delays.
13. Federal Excise Tax (FET): All quoted prices already include FET tax. FET tax is currently 7.5% plus $4.00 per passenger per segment on domestic passenger flights and 6.25% on domestic cargo flights, will be collected at the rate in effect at the time on all charters of applicable aircraft. International flights are subject to a passenger ticket tax, which is currently $17.70 per passenger. Amounts for FET will be enumerated on the invoice for each trip. In cases where Charter BuNo’ services are being resold, you agree to provide evidence of your authorization to collect FET and further agree to pay all applicable FET. You agree to hold harmless and indemnify Charter BuNo against any actions that arise due to your failure to pay the appropriate FET.
14. Dispute Resolution. Any complaints or disputes that arise from this Agreement should be provided to Charter BuNo in written at 1280 Wall Street West, Lyndhurst, NJ 07071. Charter BuNo will respond to said complaints within thirty (30) days. Charter BuNo shall be the final and sole arbiter of any such complaints. If Client is not satisfied, it shall be permitted to seek alternate resolution in a court of competent jurisdiction.
15. Law, Jurisdiction, Legal Fees, Illegality and Execution. This charter shall be governed by the laws of the state of New Jersey, and any dispute arising out of or in connection with this charter and/or the transportation of the cargo hereunder shall be brought in state or federal court located in New Jersey, with the substantially prevailing party to recover its reasonable legal fees and costs. 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. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be original, and all of which together shall constitute one and the same Agreement. A signature delivered by facsimile shall be deemed to be an original signature and shall be effective upon receipt thereof by the other party.
16. Integration and Headings. This document, the quote sheet and any agreed attachments hereto constitute the entire agreement between the parties with respect to the transportation of the cargo, superseding and negating all prior or contemporaneous agreements, written and oral. This agreement may not be modified or amended except by a writing signed by both parties. The headings used herein are for convenience only, are not substantive and may not be used to interpret the agreement between the parties.Client has agreed and consented to these terms and conditions by their signature on the Trip Sheet. These terms and conditions are incorporated by referenced therein.