Ezumajets agrees to act as an authorized agent on behalf of its customers (each a “Passenger”) to arrange air charter transportation services (“Flight Services”) and any other associated or ancillary services (“Other Services” and together with Flight Service, “Services”) in accordance with the following terms and conditions (“Charter Terms”). Ezumajets and Passenger are sometimes referred to herein collectively as “parties” and each a “party”. Section 16 of this Agreement contains a binding arbitration clause and class action waiver. Please read this provision carefully as it affects the parties’ legal rights.
1. FLIGHT SERVICES.
1.1 PASSENGER APPOINTS AND AUTHORIZES EZUMAJETS TO ACT AS AGENT FOR PASSENGER SOLELY TO ARRANGE AND PAY FOR FLIGHT SERVICES OPERATED BY ONE OR MORE LICENSED AIR CARRIERS AND ANY OTHER SERVICES ASSOCIATED WITH THE FLIGHT SERVICES. PASSENGER HEREBY DESIGNATES, CONSTITUTES AND APPOINTS EZUMAJETS AS ITS TRUE AND LAWFUL ATTORNEY-IN-FACT FOR THE PURPOSES OF ENTERING INTO CHARTER CONTRACTS FOR PERFORMANCE OF THE FLIGHT SERVICES OR ANY OTHER SERVICES AS PASSENGER’S AUTHORIZED AGENT. Customer understands and agrees that Ezumajets is a foreign air charter broker and does not own or operate any aircraft. Ezumajets may provide the Services under various dbas, including Ezumajets.
1.2 All Flight Services are arranged on-demand according to customer-directed itineraries and flight requirements. Flight Services shall be provided by Ezumajets (“Ezumajets Aviation” and the aircraft under its operational control, “Ezumajets Aviation Aircraft”), and other aircraft air carriers holding an air carrier certificate authorizing them to furnish air transportation services pursuant to Federal Aviation Regulations 14 C.F.R. Part 135,121 or applicable foreign regulations, as in effect from time to time (“Other Air Carriers” and collectively with Ezumajets Aviation, “Air Carriers”), on aircraft under their operational control (“Other Air Carrier Aircraft” and together with Ezumajets Aviation Aircraft,“Aircraft”).
1.3 Air Carrier shall have exclusive direction, control and authority over initiating, conducting, or terminating flights (“Operational Control”). Air Carriers, and not Ezumajets or the aircraft owner, are responsible for ensuring the safety of a flight and providing the Flight Services, including the flight crew and Aircraft operations. Ezumajets is NOT a registered Air Carrier, nor does it provide air carrier services. Ezumajets offers the method by which to obtain the Flight Services provided by the Air Carriers, but in no way does it have any responsibility or liability for any Flight Services provided by third parties. The Air Carrier performing the Flight Service will be subject to, among other things, flight time and duty time restrictions, airport limitations that may preclude or limit operations to certain airports and other applicable regulations and requirements.
1.4 Passenger understands and agrees that the Air Carrier shall have absolute discretion in all matters, including, without limitation, the preparation of the Aircraft for the Flight Service and the Flight Service itself, the load carried and its distribution, the decision as to whether or not a Flight Service will be performed, what route will be flown, and all other matters relating to the operation of the Aircraft. Passenger specifically agrees that Air Carrier shall have final and complete authority to cancel any Flight Service for any reason or condition that in its sole and absolute judgment could compromise the safety of a Flight Service and may take any other action that, in its opinion, is necessitated in consideration of safety. No such action of Air Carrier shall create or support any liability for loss, injury, damage or delay to Passenger.
1.5 Air Carrier shall have the right to refuse boarding to any person: (a) who appears to be intoxicated or under the influence of any illicit or controlled substance; (b) who refuses to be subject to any reasonable checks of his or her person or baggage by Air Carrier, a security team contracted by Ezumajets or its affiliates, or by government or airport authorities; (c) whose condition, including apparent illness or incapacity, in the sole judgment of Air Carrier could involve hazard or risk to himself, herself or others; (d) who exhibits violent, aggressive, or otherwise inappropriate behavior towards other passengers or flight crew; or (e) who fails to provide legally valid government issued identification.
1.6 The itinerary for Flight Services (the “Flight Itinerary”) provided by Ezumajets in response to a request by Passenger for Flight Services might be subject to the approval of the owner of the Aircraft (the “Aircraft Owner”). If applicable, the Aircraft Owner must provide final approval for use of the Aircraft. In the event that the Aircraft Owner does not approve the Flight Itinerary, Ezumajets will attempt to either adjust the terms of the Flight Services so the Aircraft Owner is able to approve the Flight Itinerary or Ezumajets will attempt to find a substitute aircraft (“Substitute Aircraft”) for Passenger. A surcharge may be applicable for the booking of a Substitute Aircraft for the Flight Itinerary. Any such surcharge shall be subject to Passenger’s prior approval. If Substitute Aircraft is not located within 12 hours of a Flight Itinerary being declined or if a Passenger does not approve any applicable surcharge, both Parties will be released from their obligations under these Charter Terms, including specifically, any liability under Section 6 below.
2. BOOKING CONFIRMATION; FLIGHT COSTS AND EXPENSES
2.1 By accepting these Charter Terms, Passenger reserves the Flight Itinerary, which is displayed via the application or on the invoice for the Flight Service (“Flight Invoice”) and agrees to pay the full amount listed on the Flight Invoice (the “Flight Cost”) and any additional Flight Expenses (defined below). Upon acceptance of the Flight Invoice and the Charter Terms, the Flight Service listed on the Flight Invoice shall be considered (“Booked Flight”) and any cancellation will be subject to the cancellation policy set forth in Section 5 and Exhibit B to these Charter Terms. As used herein, “Flight Expenses” means, for the applicable Flight Services, (A) the cost of the Applicable Taxes and (B) the Incidental Expenses; (ii) “Applicable Taxes” means any and all federal, state, and local taxes, charges, imposts, duties, excise taxes (all domestic Flight Services are subject to federal excise tax on passenger flights, and a domestic segment tax), fuel taxes, other taxes (Flight Services with any point of departure or landing outside the United States are subject to a federal departure tax) and fees, including user fees, relating to Passenger’s use of an Aircraft in connection with the Flight Service; and (iii) “Incidental Expenses” include, to the extent not otherwise set forth in the Flight Invoice, the following costs incurred in connection with the provision of the Booked Flight: (A) costs of requested catering (inclusive of all fees for service, delivery and catering and any associated taxes), (B) $500 to accommodate a request to use an FBO other than the FBO selected by Ezumajets, (C) de-icing, ramp and hangar fees, international fees, additional landings, (D) specially requested in-flight entertainment, (E) telecommunications charges, including Wi-Fi, (F) ground transportation, (G) Third Party Service Charges, (H) the cost of any additional personnel required to fulfill a Booked Flight as either requested by Passengeror as necessary to satisfy any duty limitations impacting the Booked Flight, such costs to be provided at the daily rate for such personnel, and additional flight time due to adverse weather conditions, and (I) any Cancellation Fees, and (J) any applicable pet or service animal cleaning fees or fees incurred due to excessive wear and tear of the aircraft caused by Passenger or their guests, and (K) any other out of the ordinary charges incurred at the specific request of Passengers or their guests; and (iv) “Third Party Service Charges” means any charges incurred, including the Ezumajets Concierge Fee (5% of the actual costs of any Third Party Service Charges initially billed to Ezumajets), on behalf of a Passenger for services (i.e., water taxi, helicopter transport, concierge services) provided in support of a Booked Flight.
2.2 The Flight Costs set forth in the Flight Invoice are based on the estimated number of Flight Service Hours (defined below) for the Booked Flight. As such Flight Costs and any estimate of Flight Expenses provided by Ezumajets at the time of booking may differ from the dollar amount indicated on the Flight Invoice for such Booked Flight. Passenger shall be responsible for all actual Flight Expenses incurred in connection with the provision of a Flight Service. As used herein, “Flight Service Hours” are determined based on the flight time (rounded up to the nearest one tenth of an hour) during which the Passenger, or a guest of a Passenger, actually occupies an Aircraft, and shall be calculated from the point of take off to the point of landing for each Flight Segment comprising a Flight Service, plus six minutes (one tenth of an hour) each of taxi time prior to each departure and after each landing in an occupied leg without any addition for repositioning, and (ii) “Flight Segment” means any portion of a Flight Service measured from a point of take off to a point of landing.
2.3 In the event Passenger requests any significant changes (for example, flight time change, etc.) and the Air Carrier accommodates such requests, Passenger agrees to pay on demand any additional costs associated with such changes.
2.4 The Flight Costs in the Flight Invoice are based on fuel costs as of the booking date. Ezumajets reserves the right to charge a fuel surcharge amount due to any increase(s) in cost of fuel between the booking confirmation and the departure date. Passenger shall pay Ezumajets on demand any such difference in the amount of the total increase in fuel cost for the applicable Flight Service.
2.5 Passenger agrees to indemnify and reimburse Ezumajets for any and all Incidental Expenses, costs and expenses incurred as a result of damage and excess wear and tear to the Aircraft interior and/or exterior determined to be caused by Passenger or their guests. If Passenger incurs any Incidental Expenses or additional charges or such charges are reasonably attributed by Ezumajets or Air Carrierpersonnel to Passenger or their guests, Passenger agrees to reimburse Ezumajets in the manner provided under the heading Payment Terms below.
3. PAYMENT TERMS.
3.1.1 By Members. By accepting these Charter Terms, Passengers who are parties to a Ezumajets flight services agreement authorize Ezumajets to deduct the full amount of the Flight Invoice and any Flight Expenses from such Passenger’s Membership Account Balance (as such term is defined in the application membership agreements). Immediately following the completion of a Booked Flight (or if a Booked Flight involves multiple Flight Segments upon the completion of each Flight Segment), Ezumajets shall deduct the Flight Cost and Flight Expenses from the Member’s Membership Account; provided, however, that any Flight Expenses not known at the time of such completion shall be deducted when such amount is known. If a Booked Flight is canceled and cancellation fees apply, Ezumajets shall have the right to immediately deduct any applicable cancellation fees from the Member’s Membership Account. In the event Member does not maintain a Membership Account Deposit or Member’s Membership Account Balance contains insufficient funds to cover the amount of the Flight Cost, Flight Expenses or any applicable cancellation fees, Member authorizes Ezumajets to charge the full amount of the Flight Cost, Flight Expenses or any applicable cancellation fees to the credit card required to be provided by Member in connection with reserving the Booked Flight or already on file with Ezumajets (“Credit Card”). In the event Member’s Membership Account Balance or payment method on file is declined for insufficient funds or otherwise, Member shall provide an alternative payment method immediately.
3.1.2 By Non-Members. By accepting these Charter Terms, Passengers who are not Members authorize Ezumajets to place a hold on such Passenger’s Credit Card (as required to be provided at the time of reserving the Booked Flight or on file with Ezumajets) in the full amount of the Flight Invoice and any applicable Flight Expenses. The Credit Card will be charged in advance of the completion of the Booked Flight unless a Passenger submits the wire payment to Ezumajets pursuant to Section 3.1.3 below. In the event Passenger’s payment method on file is declined for insufficient funds or otherwise, Passenger shall provide an alternative payment method immediately. Any Flight Expenses not known at the time the Credit Card is charged will be charged when such amount(s) is (are) known by Ezumajets. If a Booked Flight is canceled and cancellation fees apply, Ezumajets shall have the right to immediately charge the Credit Card in the amount of the applicable cancellation fees or withhold amount of cancellation fees from the wire payment. Passenger represents to Ezumajets that he or she has full authority to utilize the Credit Card to reserve the Booked Flight and pay for the Flight Costs, Flight Expenses and any applicable cancellation fees and shall indemnify Ezumajets from any and all claims related to unauthorized use of the Credit Card for the Booked Flight by Passenger.
3.1.3 Wire Payments. If a Passenger elects to wire the payment of the Flight Costs and Flight Expenses for the Booked Flight, Ezumajets must receive the funds within five (5) days of the booking. In the event Ezumajets does not receive funds within five (5) days of the booking, Passenger authorizes Ezumajets to charge full amount of the Flight Invoice and all applicable fees to the Passenger’s Credit Card or pursuant to alternative payment arrangements, if the credit card is declined or Ezumajets has otherwise agreed with the Passenger.
3.1.4 Ezumajets shall have no obligation to provide a Booked Flight without payment as provided in this Section 3.1.
3.2.1 By Non-Members. Passengers who are not Members must notify Ezumajets of a disputed charge within 15 days after the date of an invoice, receipt, bill or statement on which such charge(s) first appeared. After 15 days, the charges will be considered valid, final and undisputed. In the event that any sums due from Passenger to Ezumajets remain unpaid for more than 15 days beyond the date such sums were due to be paid, any outstanding sums shall be subject to interest at the lesser of 1.5% per month or the maximum amount of interest permitted by law. In the event that any form of payment provided by Passenger to Ezumajets is rejected and Ezumajets incurs any fees as a result of such rejection (e.g., insufficient funds), Passenger shall be responsible to reimburse Ezumajets promptly for all such fees incurred by Ezumajets. Passenger is liable for any and all fees, inclusive of reasonable attorneys’ fees, that Ezumajets incurs to collect any outstanding amounts due to Ezumajets by Passenger.
3.2.2 By Members. Passengers who are Members shall have the right to dispute charges in the manner set forth in the Member’s Agreement.
4. CANCELLATION POLICY.
Ezumajets’ cancellation policy for all Flight Services is described below.
4.1 Shared Charter Flight Cancellation Policy. On-demand shared Flight Services originated or created by Passengers are organized by Ezumajets (“Shared Charter Flights”) and shall be subject to Ezumajets’ terms for the provision of such Shared Charter Flight, including the cancellation fees.
4.2 Whole Aircraft Charter Cancellation Policy. For on-demand charter Flight Services for the whole capacity of the Aircraft (“Whole Aircraft Charter Flight”) operated by an Air Carrier other than Ezumajets, Ezumajet’s cancellation policy and any applicable cancellation fees are described in Exhibit A. For Whole Aircraft Charter Flight operated by Ezumajets the following cancellation provisions shall apply:
4.2.1 During Peak Travel Days (as listed in Exhibit B), Passenger will not be charged a cancellation fee for cancellations made greater than (i) 72 hours prior to the scheduled departure time for domestic flights and (ii) 120 hours prior to the scheduled departure time for international flights.
4.2.2 During non-Peak Travel Days (as listed in Exhibit B) Passenger will not be charged a cancellation fee for cancellations (a) made greater than 48 hours prior to the scheduled departure time in the case of cancellation by a non-member, and (b) 24 hours prior to the scheduled departure in the case of cancellation by a Signature Preferred member.
4.3 Ezumajets reserves the right to treat no-shows as last-minute cancellations, whereby Passenger will be charged the full cost of the Booked Flight as indicated in the Flight Invoice. For the purposes of Whole Aircraft Charter Flight, a ‘no-show’ is defined as Passenger not arriving to the aircraft at least 10 minutes prior to boarding in possession of valid government-issued identification or the violation of any provision included in these Charter Terms that result in the denial of boarding. Ezumajets, at its sole discretion, may extend the no-show time for an on-demand Whole Aircraft Charter Flight in coordination with Passenger if operational restrictions allow.
4.4 Passenger agrees to accept +/- one (1) hour flex departure time on non-peak days and +/- three (3) hours flex departure time on the Peak Days identified as subject to adjustment in Exhibit B, in each case exercisable in Ezumajets’ sole discretion.
4.5 Any Booked Flight falling on any of the Peak Travel Days that is not timely cancelled as provided in Section 5.2.1 will be subject to a cancellation fee in the amount of one hundred percent (100%) of the cost of the Booked Flight set forth in the Flight Invoice.
4.6 Passenger agrees that Ezumajets shall have a right to deduct any cancellation fees (a) in the case of a Member as provided in Section 3.1.1. above, or (b) in the case of a Passenger as provided in Section 3.1.2 above.
5. RECOVERY SERVICE.
Unless otherwise specified in the Agreement, if a Booked Flight is cancelled, interrupted or delayed for any reason other than Member delays, Ezumajets will use commercially reasonable efforts to arrange alternative service for Member in similar cabin class (such service, herein referred to as “Recovery Service”) on Ezumajets Aviation Aircraft (at no additional cost than as set forth in the original Flight Itinerary for the Booked Flight), or if an Ezumajets Aviation Aircraft is not available, an Other Air Carrier Aircraft (which may require the payment of additional fees). In the event Recovery Service is to be provided on an Other Air Carrier Aircraft, Ezumajets shall issue a new Flight Itinerary, Flight Invoice and Charter Terms (collectively “Recovery Service Documentation”) for such Recovery Service and Member shall have the right to approve such Recovery Service (in the same manner as provided in these Charter Terms). If the Member agrees to a Recovery Service on an Other Air Carrier Aircraft, Member is responsible for the cost of the Recovery Service set forth in the Recovery Service Documentation (inclusive of the Flight Cost and Flight Expenses for the Recovery Service) for such Recovery Service. Payment for the Recovery Service shall be made pursuant to Section 3.1. In the event a Booked Flight involves multiple Flight Segments, some of which were cancelled, interrupted, or delayed by Ezumajets or Air Carrier for any reason other than Member delays, Passenger will be charged only for the Flight Segments performed and the applicable Recovery Service will be only for the Flight Segments that were cancelled, interrupted or delayed.
6. FORCE MAJEURE CANCELLATION BY EZUMAJETS OR AIR CARRIERS.
Neither Ezumajets nor Air Carrier is liable for the delay or failure to provide an Aircraft or perform the Flight Service when such delay or failure is caused by Force Majeure. “Force Majeure” means an act of God, strike or lockout or other labor dispute, act of a public enemy, war (declared or undeclared), terrorism, blockade, revolution, civil commotion, fire, any weather-related event affecting safety of flight, flood, earthquake, explosion, governmental restraint, embargo, mechanicals, inability to obtain or delay in obtaining equipment, parts, or transport, inability to obtain or delay in obtaining governmental approvals, permits, licenses, or allocations, and any other cause outside of the complete control of Ezumajets or Air Carrier, as applicable, whether or not of the kind specifically listed above. In addition, Passenger understands and agrees that when, in the sole discretion of an Air Carrier or the pilots of an Aircraft, safety may be compromised, Ezumajets, the Air Carrier or the Air Carrier crew may cancel a Flight Service, refuse to commence a Flight Service, or take other necessary action without breaching its duties or obligations to Passenger or be liable for any loss, injury, damage, or delay. Notwithstanding the above, in the event a Whole Aircraft Charter Flight is cancelled as a result of events outlined above, Ezumajets will provide Recovery Service options in the manner outlined in Section 5 above.
7. TRANSPORTATION OF PETS AND SERVICE ANIMALS.
7.1 Shared Charter Flights. Passenger and Passenger’s guests are not allowed to transport pets on any Shared Charter Flights. Only service animals as provided in the Ezumajets Pet Regulations (available upon request) will be permitted aboard any Shared Charter Flights. Passenger shall notify Ezumajets as soon as possible, but not less than 48 hours prior to their flight departure time, if they will be bringing a service animal aboard a Shared Charter Flight. Unauthorized transportation of pets on Shared Charter Flights will result in $1,000 fine and cleaning fees that will be charged to Passenger’s as provided under the heading “Payment Terms” above. If a Passenger violates the pet policy outlined in this paragraph, Passenger agrees to payment of such fine and the cleaning fee.
7.2 Whole Aircraft Charter Flights. Passengers on Whole Aircraft Charter Flights shall be solely responsible for the care, custody and control of any pet accompanying the Passenger on any Booked Flight Services, shall adhere to the Ezumajets Pet Regulations and any instructions provided by the Air Carrier crew regarding such care, custody and control of such pet and shall be responsible for any damages, injuries or loss caused by such pet during any such Flight Services.
7.3 Cleaning Fees. Ezumajets reserves the right to charge Passenger cleaning fees for transportation of service animals if such fees are imposed on Ezumajets by an Air Carrier.
8. RULES OF CONDUCT.
Ezumajets requires all Passengers and their guests to strictly adhere to the rules of conduct set forth in Exhibit C to this Agreement in order to ensure a safe, friendly and respectful experience on flights arranged by Ezumajets.
Ezumajets does not own or operate any Aircraft on which the Flight Services are performed and does not carry any aviation insurance. Passenger understands and agrees that it is the sole responsibility of the Air Carrier to maintain aviation liability insurance coverage. Ezumajets maintains non-owned aircraft liability insurance in an amount not less than $300,000,000, personal injury coverage of $25,000,000 per occurrence and in the aggregate, and $250,000 in coverage for each passenger’s personal effects.
10. LIMITATION OF LIABILITY.
Except as set forth in a Member’s Agreement, the following limitations of liability shall apply:
10.1 Passenger understands and agrees that Ezumajets is not liable for any injury, damage, loss, expense, special or consequential damages, or any other irregularity caused by the defect of any Aircraft or conveyance, or the negligence of any Air Carrier or other company or person engaged providing or carrying out the arrangements for Passenger’s Flight Service or by accident, delay, flight schedule, change, cancellation, sickness, weather, strikes, war, quarantine or any similar cause. In any case, liability shall, for a Passenger (i) who is not a Member be limited to the amount paid by Passenger to Ezumajets’, and (ii) who is a Member be limited as provided in the Member’s Agreement.
10.2 PASSENGER AGREES TO ACCEPT THE PROCEEDS OF THE INSURANCE MAINTAINED BY AIR CARRIER AS THEIR SOLE RECOURSE AGAINST AIR CARRIER FOR ANY LOSS OR DAMAGE (INCLUDING, WITHOUT LIMITATION, INJURY, DEATH OR PROPERTY DAMAGE) TO ANY PASSENGER; PROVIDED HOWEVER, THAT THE FOREGOING LIMITATION SHALL NOT APPLY IN THE EVENT OF AIR CARRIER’S PROVEN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
10.3 IN ALL CASES AND UNDER ALL CIRCUMSTANCES, NEITHER AIR CARRIER OR EZUMAJETS SHALL IN ANY EVENT BE LIABLE TO PASSENGER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND OR NATURE INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, VALUE, REVENUE, BUSINESS OPPORTUNITIES, PERSONAL INJURY OR PROPERTY DAMAGE AND THE LIKE, UNDER ANY CIRCUMSTANCES OR FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, ANY DELAY OR FAILURE TO FURNISH ANY AIRCRAFT CAUSED OR OCCASIONED BY THE PERFORMANCE OR NON-PERFORMANCE OF ANY OBLIGATIONS OF AIR CARRIER (REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT OR TORT OR ANY OTHER LEGAL OR EQUITABLE THEORY), EVEN IF ANY SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITIES OF SUCH DAMAGES.
10.4 EZUMAJETS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) PASSENGER’S USE OF OR RELIANCE ON THE SERVICES OR PASSENGER’S INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN PASSENGER AND ANY THIRD PARTY PROVIDER, EVEN IF PASSENGER HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE GOODS OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT EZUMAJETS HAS NO RESPONSIBILITY OR LIABILITY TO PASSENGER RELATED TO ANY GOODS OR LOGISTICS SERVICES PROVIDED TO PASSENGER BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE CHARTER TERMS.
10.5 The limitations and disclaimers in this section do not purpose to limit any liability or alter any rights of the Passenger, as a consumer, that cannot be excluded under applicable law.
Passenger agrees to indemnify and hold Ezumajets and its affiliates and their officers, directors, managers, employees, and agents (“Indemnified Party”), harmless from and against any and all claims, loss, damage, demands, losses, liabilities, injury or expense (including attorneys’ fees), that the Indemnified Party incurs arising out of or in connection with Passenger’s gross negligence, willful misconduct, violation of the rights of any third party (including other Passengers) or third party goods or services providers; provided, however, that Passenger shall not be liable for the indemnification of any losses, costs, damages, injuries, or expenses arising out of the Indemnified Party’s gross negligence, willful misconduct, or breach of these Charter Terms.
12. IDENTIFICATION AND DOCUMENTATION.
In accordance with the United States Transportation Security Administration (“TSA”) regulations and other Governmental regulations, Passenger is required to comply with all TSA regulations, and will be required to present valid identification prior to departure for all flights. For international flights, Passenger must have a valid passport in his or her possession as well as any required visas or entry documentation. Air Carrier has the right to refuse boarding to any person without the required documentation or as a result of non-compliance with TSA or other government regulations without recourse or further obligation to Passenger by the Air Carrier or Ezumajets.
13. GOVERNING LAW; DISPUTE RESOLUTION.
13.1 This Agreement and all the rights of the parties hereunder shall be governed by, construed and enforced in accordance with the laws of the State of Florida without reference to the conflict of law principles of any jurisdiction.
13.2 Any claim or dispute between the parties and/or against any agent, employee, successor, or assign of the other, whether related to these Charter Terms or the relationship or rights or obligations contemplated herein, including the validity of this clause, shall be resolved exclusively by binding arbitration by the American Arbitration Association, under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes then in effect, by a sole arbitrator. The place of arbitration shall be Broward County, Florida. The existence and content of the arbitration proceedings and any rulings or award shall be kept confidential except (i) to the extent that disclosure may be required of a party to fulfill a legal duty, protect or pursue a legal right, or enforce or challenge an award in bona fide legal proceedings before a state court or other judicial authority, or (ii) with the written consent of all parties. Notwithstanding anything to the contrary, either party may disclose matters relating to the arbitration or the arbitration proceedings where necessary for the preparation or presentation of a claim or defense in such arbitration.
13.3 ARBITRATION SHALL PROCEED SOLELY ON AN INDIVIDUAL BASIS WITHOUT THE RIGHT FOR ANY CLAIMS TO BE ARBITRATED ON A CLASS ACTION BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF OTHERS. THE ARBITRATOR’S AUTHORITY TO RESOLVE AND MAKE WRITTEN AWARDS IS LIMITED TO CLAIMS BETWEEN PASSENGER AND EZUMAJETS ALONE. CLAIMS MAY NOT BE JOINED OR CONSOLIDATED UNLESS AGREED TO IN WRITING BY ALL PARTIES. NO ARBITRATION AWARD OR DECISION WILL HAVE ANY PRECLUSIVE EFFECT AS TO ISSUES OR CLAIMS IN ANY DISPUTE WITH ANYONE WHO IS NOT A NAMED PARTY TO THE ARBITRATION. NOTWITHSTANDING ANY OTHER PROVISION IN THESE CHARTER TERMS AND WITHOUT WAIVING EITHER PARTY’S RIGHT OF APPEAL, IF ANY PORTION OF THIS PROVISION IS DEEMED INVALID OR UNENFORCEABLE, THEN THE REMAINING PORTIONS OF THE ARBITRATION PROVISION SHALL REMAIN IN FULL FORCE AND EFFECT.
14. PRIVACY OF PASSENGER DATA.
15. PASSENGER REPRESENTATIONS.
Passenger, which for purposes of this section includes its employees, agents, affiliates, and guests (together, for the purposes of this Section, “Passenger”) hereby represent, warrant, and agree that:
(i) Passenger is not a sanctioned entity or individual, Designated Party, or otherwise the subject or target of any economic, export, or trade sanction law, or regulation or travel ban, or is or could be designated as a terrorist, a foreign terrorist organization, an organization that assists or provides support to a foreign terrorist organization, a proliferator of weapons of mass destruction, a narcotics trafficker, or any other similar designation that would prohibit Ezumajets Aviation or Other Air Carrier from transacting with Passenger under applicable law;
(ii) Passenger will promptly notify Ezumajets in writing should it know, or have reason to know, of any change or potential change in status under this Section;
(iii) Passenger shall honor all applicable laws;
(iv) funds paid to Ezumajets by Passenger are not derived from illegal acts; (v) Ezumajets may be required by law to block, freeze, and/or remit funds, which it will do without liability to Passenger;
(vi) Passenger will promptly provide to Ezumajets accurate information and documentation reasonably requested to assess compliance with this Section, and authorizes Ezumajets to perform screening and/or background checks; and
(vii) without prejudice to all of Ezumajets’ other rights under these Charter Terms, the Agreement, and at law, (a) Ezumajets may terminate this Agreement by means of written notice to the Passenger, with immediate effect, without need of judicial recourse, and without liability for compensation or damages (direct or indirect) of any type or nature, in the event that Passenger breaches this Section, makes misrepresentations regarding legal compliance, becomes a sanctioned or Designated party, is convicted or adjudicated of a an offence in any jurisdiction that is related to human rights violations, terrorism, drug trafficking, financial impropriety, or could otherwise bring Ezumajets into disrepute or is prejudicial to Ezumajets’ interest, or Ezumajets or Air Carriers are otherwise unable to transact with Passenger under law, and (b) Passenger assumes all liability and shall in perpetuity, beyond the expiry of this Agreement, indemnify, reimburse, and hold free and harmless Ezumajets, its officers, directors, shareholders, employees, agents, affiliates, and subcontractors from and against any and all related claims, suits, losses, costs, and liabilities.
16. ELECTRONIC SIGNATURE.
16.1 By purchasing a flight through the Ezumajets mobile application, the Ezumajets software, Ezumajets’ website(s) or through an aviation specialist and selecting the “I Accept” button, Passenger accepts and agrees to these Charter Terms electronically.
16.2 Passenger agrees that their electronic signature is the legal equivalent of their manual signature and that they will be legally bound by these Charter Terms. Passenger agrees to pay Ezumajets in full for any invoiced amount upon providing their electronic signature.
Days* Prior to Departure
Standard Round Trip or Multi-Leg Full Price Charter
No charge; fully refundable
30% of total price (taxes and fees excluded)
50% of total price (taxes and fees excluded)
70% of total price (taxes and fees excluded)
3 or less
100% no refund
One-Way Standard Charter Flights
100%; no refund
*1 day is equal to one 24-hour period.
1. PASSENGER REGULATIONS AND RULES OF CONDUCT
1.1 These rules are not intended to restrict the rights of anyone, but rather to ensure that all Passengers, as well as Ezumajets and aircraft Air Carrier personnel, can expect to be safe and treated with dignity and respect at all times. If any Passenger engages in conduct that Ezumajets considers improper, offensive or likely to risk endangering the safety of other Passengers or Ezumajets or Air Carrier personnel, then such Passenger may be reprimanded and/or denied transportation. All determinations will be made in the sole discretion of Ezumajets’ management.
1.2 If the conduct of Passenger or any guest of the Passenger endangers the Aircraft or any passenger, person or property while on board; obstructs or hinders the crew in the performance of their duties; fails to comply with any instruction or direction of the crew (whether oral or by notice), including, but not limited to, instructions concerning safety, security, seating, seat belts, smoking in any form (including electronic cigarettes, vaporizers and similar devices) or use of drugs or alcohol, use of electronic equipment, including cellular telephones, laptop computers, PDAs, portable recorders, portable radios, CD, DVD, and P3 players, electronic games or transmitting devices; uses offensive, threatening, abusive or insulting words towards the Air Carrier crew or Ezumajets personnel; behaves in a manner which causes discomfort, inconvenience, damage or injury to the Air Carrier crew or Ezumajets personnel, then the Air Carrier crew may take such measures as it deems necessary to prevent continuation of such conduct, including restraint, disembarkation of Passenger from the Aircraft and refusal to carry Passenger after a stopover or at any time in the future.
1.3 You agree to reimburse Ezumajets for any costs incurred to (a) repair or replace property lost, damaged or destroyed Passenger; (b) compensate any passenger or Air Carrier crew affected by Passenger’s (or Passenger’s guests’) actions; and (c) to divert the Aircraft for purposes of removing Passenger from the Aircraft. We may also report your actions to any relevant police or enforcement authority whereby Passenger may be prosecuted for offenses committed aboard the Aircraft.
1.4 The following rules of conduct will be strictly enforced.
1.4.1 In accordance with the FAA rules and regulations, Ezumajets prohibits its Passengers from consuming any alcoholic beverages during any Flight Service that are not provided in the minibar located on the Aircraft or served by a cabin server. Passengers shall not bring alcohol on board of the Aircraft for consumption during a Flight Service We reserve the right, at any time and for any reason, to refuse to serve alcohol or to withdraw alcohol served.
1.4.2 Ezumajets has zero tolerance for transportation or use of narcotics and other controlled substances, such as drugs and drug paraphernalia, regardless of whether certain substances may be considered legal in any states.
1.4.3 The Air Carrier crew reserves the right to deny boarding to any passenger who appears intoxicated or under the influence. Any passenger who is denied boarding because he or she is intoxicated or under the influence will not be entitled to a refund or alternative transportation.
1.4.4 Each Passenger can transport not more than $50,000 (or foreign equivalent) in cash on any shared flight. Passengers will be denied boarding if any of them are in possession of more than $50,000 (or foreign equivalent) in cash.
1.4.5 Passengers must be respectful of other Passengers and of Ezumajets and Air Carrier personnel.
1.4.6 Ezumajets has zero tolerance for any type of harassment or offensive behavior, including, but not limited to: (i) any kind of verbal or physical abuse, including abuse of Ezumajets employees and representatives; (ii) any kind of threatening behavior (whether by hoax or otherwise) towards any person or property aboard the Aircraft; (iii) behavior which is likely to cause loss of or damage to Ezumajets property or that of other persons aboard the Aircraft; (iv) any form of discrimination; (v) the use of profane language, gestures, insults or similar behavior; (vi) unwanted solicitation; (vii) loud or boisterous behavior; or (viii) creating strife, conflict or divisiveness within the Ezumajets community.
1.4.7 Passengers must observe proper etiquette on all Flight Services arranged by Ezumajets.
1.4.8 Passengers must maintain appropriate hygiene on all Flight Services. If someone’s hygiene is offensive to a reasonable passenger, then it would violate Ezumajets’ rules of conduct.
1.4.9 While Ezumajets does not have a specific dress code on flights, Passengers must wear appropriate attire on Shared Charter Flights. Shoes must be worn at all times on Shared Charter Flights. Sexually suggestive and other offensive clothing is prohibited.
1.4.10 Passengers must not cause damage to any Aircraft or to amenities on any Aircraft.
1.4.11 Passengers shall respect the privacy rights of other Passengers. No photos or videos may be taken of another passenger or shared on social media without the prior consent of such passenger.
1.4.12 Passengers have no authority to instruct or hinder Air Carrier crew or other third party personnel supporting the operation of the Aircraft in their job performance and duties.
1.4.13 Passengers must strictly adhere to all policies, procedures, rules and regulations of the Air Carrier.
1.5 Ezumajets, in collaboration with Air Carrier crew members, will strictly enforce these rules of conduct. If a Passenger violates any of the rules outlined above or any other Charter Terms, Ezumajets or the Air Carrier shall have a right to deny boarding to such Passenger, in which case, the applicable cancellation fees listed in the Charter Terms will apply. Passengers are responsible for the conduct of their guests. Ezumajets shall not be responsible for alternative transportation if a Passenger or their guest is denied boarding due to the violation of any of these rules of conduct or any other Charter Terms.
2. SEARCHES AND BAGGAGE; COMPLIANCE WITH LAW.
2.1 Ezumajets reserves for itself and for each Air Carrier the right to subject Passenger and Passenger’s baggage to security screening and neither Ezumajets, Air Carrier nor ours or their employees or agents are liable for any damage, loss, delay (including refusal to transport), confiscation of property, injury, or other harm relating to or arising out of security screening or Passenger’s refusal to submit to security screening. Furthermore, Passenger must allow security checks, searches, and scans of Passenger’s person by Air Carrier or its handling agents, government officials, airport officials, police or military officials, and if Passenger does not allow all such security checks, searches, and scans to be conducted, Ezumajets or Air Carrier may refuse to carry Passenger and/or Passenger’s baggage.
2.2 Passenger may not carry in its baggage any items or goods that may constitute firearms or weapons except in accordance with applicable federal laws and regulations, or any other materials Ezumajets or Air Carrier believes in its sole discretion may endanger the Aircraft, Air Carrier, its crew, or other passengers. Guidance on applicable federal regulations is available upon request.
2.3 Federal law forbids the carriage of hazardous materials aboard Aircraft. Hazardous materials include explosives, compressed gases including oxygen, flammable/combustible liquids and solids, oxidizers and organic peroxides, poisons, radioactive material, corrosive material, magnetized material, medical/scientific pharmaceuticals with potential infectious agent, undeclared dry ice, undeclared lithium batteries, undeclared self-defense spray, undeclared C02 cartridges, undeclared mercury and undeclared large voltage batteries or spillable batteries.
2.4 Passenger must comply with all applicable federal laws and regulations while aboard any Flight Service organized by Ezumajets on Passenger’s behalf.
3. ACCESS TO AND EXITING OF AIRCRAFT.
3.1 Passenger and Passenger’s guests may not access or approach an Aircraft without accompaniment of a member or employee of the flight staff of the Air Carrier.
3.2 Passenger must proceed directly to the Aircraft from the FBO in connection with boarding the Aircraft and to the FBO when disembarking from the Aircraft. Any deviation from this required method of boarding or disembarking may result in your being prohibited to board or reboard the Aircraft.
3.3 Upon arrival Passenger will need to disembark from the Aircraft no later than fifteen minutes following the arrival of the Aircraft at the arrival FBO.