Terms & Conditions

WHEREAS, this Charter Agreement (“Agreement”) is made this Current date (date) by and between Celebrity Aviation Services, LLC dba Celebrity Jet Charter (the “Company” or “Celebrity”) and Client Name, your successor, assigns, heirs , agents and representatives (collectively, “Client” or “You”).

NOW, THEREFORE, in consideration of the foregoing and intending to be legally bound, Client agrees to the costs, fees and terms set forth hereto and incorporated as part of this agreement as follows:

A. ORIGIN, DESTINATION AND TOTAL COST:

Client engages Celebrity to solicit bids and sign contracts for air transportation on Client’s behalf from Airport Code (origin) to Airport Code (destination) for a total fee of $ Charter Cost include services outlined in the attached charter quotation. Client acknowledges and agrees that Celebrity is only acting as an agent of Client for the arrangement of the charter flights described herein.

B. PASSENGER IDENTIFICATION & DOCUMENTATION:

Client is solely responsible for informing all passengers that prior to boarding the aircraft they must show at least one form of valid state/government issued photo identification to the air carrier for domestic flights. Client must show air carrier a valid passport for any international flights (including Canada and Mexico) and visas when required. Client will be notified if parental forms or any additional documentation is needed prior to the start of the first flight, and Company is not liable for the air carrier’s reasonable refusal to allow any passengers to board the aircraft who fail to provide appropriate identification. Absence of any forms requested inside of the cancellation period defined herein may result in additional costs or subject to a 100% cancellation fee.

C. PASSENGER MANIFEST CHANGES:

Only manifested passengers (and their baggage) are permitted on board the aircraft. To avoid departure delays, passenger manifest changes must be communicated in advance to the Company by calling561-416-1800. Client acknowledges that any change in date, time, itinerary, number of passengers or type of aircraft may be deemed a cancellation and may be subject to a cancellation charge.

D. CHARTER SERVICES:

Celebrity is solely acting as an agent for Client to arrange charter services between Client and one or more certified air carriers (hereinafter referred to as “air carrier”) under applicable regulations of the United States Federal Aviation Administration (“FAA”) and Department of Transportation (“DOT”). Once Client has confirmed a charter, Celebrity will be authorized, as Client’s agent, to enter into a charter contract with air carrier, and Client shall be bound by any such contract. Flights will be operated in accordance with United States Federal Aviation Regulation (“FAR(s)”) Part 135 and air carrier will always have operational control and command of the aircraft and shall be entitled to make all decisions regarding the boarding (or refusal to board) any passengers and acceptance or rejection of any baggage for flight. For a list of restricted items that may not be carried onboard the aircraft, see www.tsa.gov. Client shall provide, and shall provide the other passengers to also provide, air carrier with all passenger information reasonably required by the air carrier upon air carrier’s request.

CLIENT ACKNOWLEDGES AND AGREES THAT CELEBRITY IS ONLY ACTING AS AN AGENT OF CLIENT FOR THE ARRANGEMENT OF THE CHARTER FLIGHTS DESCRIBED HEREIN. This Agreement shall be binding and remain in full force for each charter flight arranged by Celebrity until it is cancelled in writing by either party. This Agreement shall be supplemented for each specific charter flight by a separate “Charter Quote”, which will include the flight details, pricing, cancellation terms, restrictions, description of the aircraft, and other applicable information and payment instructions. In the event the aircraft becomes unavailable for any reason we will, if you request, do our best to locate an aircraft of similar size and cost for you. If the cost of the substitute aircraft is greater than the amount quoted above, you will be responsible for those additional charges.

E. PRICING, PAYMENT TERMS & CANCELLATIONPOLICY:

All prices agreed to herein are accurate on the date cited, are subject to change without notice, and are only valid for 2 days or until 48 hours prior to the trip, whichever comes first, and shall be set forth in the Charter Quote. All quotes are based upon availability of aircraft. Aircraft are not held on quotes. The payment for each charter flight shall be due upon confirmation of each charter flight. All flights must be fully paid prior to departure; payments must be received in order to confirm each flight as Celebrity cannot guarantee the availability of the agreed upon aircraft until payment has been received. At the discretion of Celebrity, credit cards may be accepted for payment of charges and such credit card payments can be subject to a processing fee. Additional payment terms may be arranged and agreed upon by Celebrity and Client which shall be listed in the Charter Quote for each specific flight. Non‑payment constitutes cancellation of the flight and the cancellation terms indicated below will apply. The amount quoted includes all fees for the above itinerary as specified in the Charter Quote. Client shall be solely responsible for all additional fees and will be billed separately. Catering, ground transportation and other non‑flight related services arranged by the Company will be billed at cost plus a fifteen percent (15%) service fee. Celebrity reserves the right to request a credit card to guarantee payment and/or charge such credit card for all agreed upon charges (plus the four percent (4%) convenience fee) at Celebrity’s sole discretion.

Client shall further be responsible for all taxes including but not limited to: sales, use, VAT, stamp, FET, transfer, and other fees, duties and penalties that may be imposed by any federal, state, county, local, foreign or other governmental authority as a result of the flights and services provided in connection with this Agreement (“Taxes”). Client shall defend, indemnify and hold Celebrity harmless against any such Taxes which are the obligation of Client hereunder. The obligations of Client under this Section shall survive the termination of this Agreement. If a deviation from the original itinerary is requested by Client and agreed to by Celebrity, or if any such deviation is caused or necessitated by Client’s actions, then the amount owed by Client to Celebrity may differ from the original cost.

Cancellation Terms are as follows:

• Confirmed One-Way reservations, including Multi-Leg One-Way reservations, are subject to a 100% Cancellation Fee effective immediately upon confirmation of the flight.
• Confirmed Roundtrip reservations canceled within 72 hours prior to the departure will be charged 100% of the quoted price. Reservations Cancelled prior to 72 will be charged 10% of the quoted price or a minimum of $4,000 for a Turbo Prop or Light Jet, $7,000 for a Medium Jet, $10,000 for a Heavy Jet, plus any positioning or re-positioning flight costs incurred, any hotel costs, flight planning costs or fees incurred if an International flight. Subject to change without notice.
• All holiday flight cancellations (from seven days prior to US National Holidays and through seven days after US National Holidays) are subject to immediate 100% cancellation fee.

F. ITINERARY CHANGES:

Flight schedules must be determined at time of confirmation. Itinerary changes are permitted, but subject to aircraft and crew availability and subject to price adjustments. Acceptance of changes to the itinerary is at Celebrity’s sole discretion and must be in writing. In the event changes are not accepted by Celebrity and the flight is cancelled, all cancellation charges will apply as indicated above. Notification of changes and/or cancellations must be in writing and transmitted between 8:00 A.M. and 6:00 P.M. EST by calling 561-41-1800 and by email to info@cjcaviation.com.

In addition to Client requested changes, the air carrier, in its sole discretion, may change an itinerary before or during any chartered flight for safety reasons or for additional fuel stops due to weather, payload or other factors. Client acknowledges that any change in itinerary will affect the amount payable by Client and that Client is responsible for payment of additional charges arising from such changes in itinerary.

G. PASSENGER BEHAVIOR; AIRCRAFT OPERATIONS; SMOKING; PETS:

Air carrier and the captain of the aircraft are authorized to take all necessary measures to ensure safety. He/she has full authority and complete discretion as to whether there shall be any deviation from the specified route and where alternate and/or immediate landings shall be made. Such determinations shall be binding upon Client and all passengers. Celebrity does not control operations of air carrier, which under applicable FARs are the sole responsibility of air carrier, and Celebrity is not liable for the operation, action and undertakings of air carrier.

The Client shall instruct and cause the passengers to always act in a reasonable and responsible manner while aboard the aircraft and to comply with the directives and instructions of the pilots in command of the Aircraft. The pilots shall have complete authority and discretion over the aircraft and all matters concerning its preparation and operation. Client and all passengers shall be subject to the authority of the pilots and instructions of crew members, shall comply with applicable rules and regulations, including those established by the pilots. Client or any passenger may be refused carriage or removed from the aircraft without compensation or liability, for failure to follow such authority, to comply with such rules and regulations, or as reasonably necessary for the safety and comfort of other passengers. The Client shall be solely liable for any and all damages to the aircraft and property of air carrier, caused by Client or any of Client’s guests or passengers. Any space on the aircraft available to Client and its passengers that will not be used by Client and its passengers may be used by the air carrier, without refund or reduction in price, for the transport of air carrier’s personnel or property.

Smoking is not permitted while aboard the aircraft.

All pets must be crated and are the sole responsibility of Customer. Air carrier may charge pet cleaning fees and/or additional fees for the transportation of any pets.

H. LIMITED LIABILITY:

Celebrity shall not be held liable for loss, injury, damage, delay or cancellation caused by or resulting from any act of God, economic or political sanctions, quarantine, failure or refusal on the part of any governmental agency to grant or issue approvals, clearance, permits or operating authority, rights or civil commotion, military emergency, war or war hazards, fuel shortages, weather conditions, mechanical breakdown, strikes or labor problems, or occurrences of similar

or dissimilar nature which through no fault of Celebrity shall prevent, delay or interrupt the furnishing or operation or performance of such transportation. In the event of any such occurrence, Celebrity will use commercially reasonable efforts to provide other aircraft to meet Client’s scheduled flight. Celebrity shall not be responsible or liable for the transportation of passengers who fail to report at the specified Fixed Based Operator (FBO) at the departure airport, at the departure time of the flight, or who are, through no fault of Celebrity, not aboard at the time of departure. If one or more members of one group fail to so report or board, air carrier may depart as scheduled and air carrier and/or Celebrity shall in no way be responsible for or to Client or such individual for any damages and Celebrity shall be deemed to have completed its contractual obligation to Client. CELEBRITY SHALL NOT BE LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY (A) CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR RELIANCE DAMAGES; (B) AMOUNTS IN EXCESS OF THE PRICE PAID FOR A PARTICULAR FLIGHT; OR (C) MATTER BEYOND ITS REASONABLE CONTROL. Celebrity is not an air carrier and is not operating the flight(s) Client purchases. The air carrier(s) have sole responsibility, liability and control of all aspects of the aircraft charter services provided to Client, 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, cargo and other people and events associated with your air travel, such as crew performance and catering services. Celebrity shall not have, nor assume any responsibility or liability to Client for activities performed by air carrier. 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 air carrier, including, without limitation, all personal injuries, property damage or death. Celebrity is not responsible for any wrongful, or negligent act or omission by 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. These limitations shall apply notwithstanding the failure of the essential purpose of any limited remedy. Client agrees that Client shall indemnify, defend, and hold harmless Celebrity and Celebrity’s officers, directors, agents and employees, and each of them (collectively the “Indemnitee(s)”) from and against all claims, suits, actions, judgments, fines, penalties, damages, losses and liabilities, including, but not limited to third party claims and reasonable attorneys’ fees, costs of litigation, and other expenses relating thereto, including the cost of establishing the right of indemnification under this Agreement, which arise out of or are in connection with activities associated with this Agreement, which are made, asserted, assessed, or accrued against any Indemnitee by reason of injury or death to any person or the loss or damage to any real or personal property. The foregoing indemnities shall not apply to the extent of any gross negligence or willful misconduct of any Indemnitee.

Client assumes all risk, liability and responsibility for Client safety, schedule, baggage, cargo, business and personal activities and financial ramifications associated with Client’s air reservations and travel arranged by Celebrity and performed by the air carrier.

I. DAMAGES:

1. Neither the air charter suppliers nor Celebrity 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, acts of nature, acts of civil or military authority, civil commotion, war or warlike operations or imminence thereof, strikes or labor disputes, blockade, embargo, government regulation, law, rule or authority, acts or omissions of government authorities including all civil aviation authorities, requisition of aircraft by public authorities, breakdown or accident to the aircraft, mechanical failure, lack of essential supplies or parts, or if the safety of passengers and/or property is deemed by the aircraft commander or the carrier’s operational supervisors to be in jeopardy, or for any causes beyond their reasonable respective control.

2. You assume all liability and responsibility for your safety, schedule, baggage, cargo, business and personal activities and financial ramifications associated with your air reservations and travel arranged by Celebrity and performed by the air charter suppliers.

3. 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 Celebrity.

4. 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 air carrier for death or personal injury and for loss of or damage to baggage.

5. You shall indemnify and hold harmless Celebrity, together with, but not limited to, its affiliates, subsidiaries, parent corporations, successors or assigns, and any present or former officers, directors, shareholders, employees, agents, legal representatives or attorneys (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.

6. IN NO EVENT WILL CELEBRITY BE LIABLE FOR ANY TYPE OF INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN CONTRACT OR IN TORT. CLIENT WILL INDEMNIFY AND HOLD CELEBRITY HARMLESS AGAINST ANY LOSS, DAMAGE OR EXPENSE INCURRED BY CELEBRITY BY REASON OF ANY ACTION OR OMISSION OF CLIENT, ITS EMPLOYEES, AGENTS, PASSENGERS AND GUESTS. FURTHERMORE, CLIENT AGREES TO PAY FOR ANY DAMAGE TO THE CHARTER AIRCRAFT CAUSED BY CLIENT, OR ANY EMPLOYEE, AGENT, PASSENGER OR GUEST OF CLIENT, NORMAL WEAR AND TEAR EXCLUDED.

7. Celebrity makes no representations or warranties of any kind, either express or implied, as to any matter including, but not limited to, implied warranties of fitness for a particular purpose, merchantability or otherwise. Client waives any and all claims or demands based upon warranties of any kind and acknowledges and accepts Celebrity’s disclaimer.

J. JURISDICTION/VENUE:

Each of the parties hereby submits to personal jurisdiction in the State of Florida in connection with any disputes or controversies arising under the Agreement or with the enforcement hereof. If the Company collects any amount due or payable hereunder from the Client by or through an attorney‑at‑law, the Client shall pay, upon demand, the reasonable attorneys’ fees and costs incurred by the Company in such effort. Venue for any legal action or proceeding shall rest in the State Courts located in Palm Beach County or the United States District Court for the Southern District of Florida.

CLIENT HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDINGS DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT (WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER THEORY).

K. FORCE MAJEURE:

Celebrity will not be deemed to be in breach of its obligations hereunder or have any liability or responsibility for any delay, cancellation or damage arising in whole or in part from any weather conditions, act of God, act of nature, acts of civil or military authority, civil commotion, war or warlike operations or imminence thereof, strike or labor dispute, blockade, embargo, government regulation, law, rule or authority, acts or omissions of government authorities including all civil aviation authorities, requisition of aircraft by public authorities, breakdown or accident to the aircraft, mechanical failure, lack of essential supplies or parts or if the safety of passengers and/or property is deemed by the aircraft commander or the air carrier’s operational supervisors to be in jeopardy, or for any cause beyond the direct control of Celebrity.

L. BINDING AGREEMENT:

This Agreement, once signed by the parties and returned to Celebrity shall constitute a legally binding agreement between the parties. If any provision of this Agreement is invalid, void or unenforceable, the remainder of this Agreement shall remain in full force. This Agreement may be fully executed in two (2) or more separate counterparts by each of the parties hereto, all such counterparts together constituting but one and the same instrument. Such counterparts may be exchanged via e-mail (or other electronic) transmission, and any facsimile or electronic signatures shall be binding. All communications, directions, approvals, instructions, requests and notices required or permitted by this Agreement shall be in writing and shall be deemed to have been duly given or made when delivered personally or transmitted electronically by e-mail, receipt acknowledged, in each case in accordance with the contact information set forth below the parties respective signature blocks. In the event it becomes necessary to enforce the terms of this Agreement by litigation or otherwise, the prevailing party shall be entitled to recover its reasonable attorney’s fees and court costs, including any such fees or costs arising from subsequent appeals and efforts to execute on any judgment.

M. CONFIDENTIALITY:

The Company does not disclose any information regarding clients, their passengers or departure/destination to any outside source, unless authorized by the Client or required by law (i.e., in conjunction with a government inquiry or in litigation or dispute resolution). For your protection, this includes friends, relatives, co‑workers, associates, business partners, etc. Only persons listed on the account are authorized to obtain information about your account or flight schedule.

N. MISCELLANEOUS:

This Agreement (together with any other documents delivered by the Client to the Company in connection with any of the flights): (a) represents the entire agreement between the parties hereto with respect to the subject matter hereof, (b) shall be governed by and construed in accordance with the substantive laws of the State of Florida; (c) may not be altered or amended except pursuant to a written agreement signed and delivered by the parties; (d) shall be binding upon and inure to the benefit of the parties hereto and their respective successor and permitted assigns and (e) may be executed via facsimile and multiple counterparts. The Client may not assign this Agreement or the rights or privileges here conferred to any other person on entity.

Celebrity acts as an agent of its clients and serves on their behalf to arrange charter flights. Celebrity does not own or operate aircraft and is not a direct or indirect air carrier. All charter flights associated with Celebrity are operated by third party FAA certified Part 135 air carriers. The air carrier operating the flights under this agreement exercises full operational control of the aircraft at all times. Air carriers providing service under this agreement meet FAA requirements for commercial transportation of retail charter clients. Celebrity maintains a non-operator insurance policy.

O. METHOD OF PAYMENT:

Subject to the express approval of the Company, the Client agrees to pay all fees, costs and other amounts due hereunder, Secured in Advance by Bank Check or Wire Transfer for the scheduled aircraft charter trip via check or wire transfer within 48 hours.

P. SURVIVAL

The limitations of liability, defense, indemnification and hold harmless provisions of this Agreement, as well as any other provision of this Agreement that by its nature is intended to survive this Agreement, shall survive the termination or expiration of this Agreement.

The Client has read understands the terms and conditions stated herein and upon acceptance of, by signing below, Client hereby accepts the Flight Itinerary, Charter Quote and foregoing Terms and Conditions for the charter referenced herein. Any modification to this Agreement must be agreed to by Celebrity in writing.