CHARTER QUOTE TERMS AND CONDITIONS FOR PENTASTAR AVIATION, LLC
CHARTER QUOTE TERMS AND CONDITIONS FOR PENTASTAR AVIATION, LLC
INVOICING AND CHARGES: The amounts reflected in the Quote are minimum estimated amounts based on computer generated flight times. If actual flight times exceed the quoted flight times, Pentastar Aviation, LLC (Pentastar) will invoice you based on actual flight times. All flights are subject to a 2-hour minimum per day. Delays due to weather, air traffic, or other factors are not contemplated in the Quote and will be invoiced as experienced. Miscellaneous expenses such as hangar fees, domestic handling (FBO parking/ramp/facility fees), winter weather operational fees and flight phone charges may not be included and will be invoiced at cost. Catering and ground transportation requests are not included in the Quote and will be invoiced at cost plus a 15% surcharge. All invoices are due upon receipt. Any invoice that remains unpaid for more than 30 days will be charged to the credit card on file. If Pentastar is unable to charge the credit card on account, the balance of any invoice unpaid for more than 30 days will be subject to a 1.5% monthly service charge. All known international fees, taxes & handling charges are included in the Quote and are due upon signing the Quote. Any additional international fees, taxes & handling charges not included in the Quote will be invoiced as and when incurred.
CANCELLATION POLICY: The Quote identifies the Direct Air Carrier for the chartered flight, as well as the applicable cancellation terms and related peak dates. In the event that cancellation terms and/or peak days are not included in the Quote, the following cancellation terms and the below peak dates, as applicable, shall apply: If you cancel a domestic flight less than 72 hours prior to scheduled departure time or an international flight (including flights to Hawaii or Alaska) less than 96 hours prior to scheduled departure time, you will be subject to a cancellation fee equal to quoted flight time cost plus any other fees incurred by Pentastar in connection with the cancellation. Confirmed reservations falling on a peak date will be charged a cancellation fee of 100% of the quoted amount. One way charter flights, once confirmed, are non-refundable.
PEAK DATES: 5 days prior to and 5 days after the following holidays: New Year’s Day, MLK Day, Presidents’ Day, Good Friday, Easter, Memorial Day, July 4th, Labor Day, Columbus Day, Thanksgiving, Veterans Day, Christmas Eve and Christmas Day.
OTHER TERMS: The terms of travel for the chartered flight include those of the Direct Air Carrier (and, in the event of any conflict in such terms, the terms of the Direct Air Carrier shall control, other than with respect to federally mandated obligations, payment obligations and limitations of liability of Pentastar). Pentastar will share the Direct Air Carrier terms upon request.
SPECIAL EVENTS: Special events may incur additional costs such as rest over nights, handling fees, and crew transportation. Any additional costs not included in Quote will be reflected in your invoice.
ASSUMPTION OF RISK OF COMMUNICABLE DISEASES: YOU VOLUNTARILY ASSUME ALL RISKS, HAZARDS AND DANGERS incident to the flight relating to exposure to communicable diseases, viruses, bacteria or illnesses, including but not limited to COVID-19 and any variant thereof, and the causes thereof, whether occurring before, during, or after the flight, however caused, and hereby waive all claims and potential claims relating to such risks, hazards and dangers.
TRIP INTERRUPTION: In the event the scheduled aircraft is delayed, cancelled, or otherwise not available as a result of mechanical failure, weather, governmental intervention or action, or other causes beyond the reasonable control of Pentastar, including cancellation, diversion, and other actions taken by the aircraft owner or third parties, the Quote shall be considered cancelled and Pentastar shall have no responsibility for such delay, cancellation, or unavailability. Pentastar shall, however, use reasonable efforts to obtain alternative aircraft to serve the charter arrangement affected by such delay, cancellation, or unavailability, if applicable. Type, configuration and price of such alternative aircraft are subject to availability. Pentastar shall issue a new Quote for the replacement aircraft that will reflect the terms associated with the alternative aircraft (including price).
ITINERARY CHANGE AND TRANSMITTAL OF CHANGES: Schedule changes are permitted, but are subject to aircraft and crew availability, and Quote modification. Notification of changes or cancellations must be made directly to Pentastar’s Flight Operation. In the event of a change to the schedule, the Quote shall no longer be applicable and a new Quote, if practicable, will be required to be signed by you prior to departure. Notwithstanding the foregoing, you acknowledge and agree that by proceeding with any charter flight, even those with different aircraft or modified schedules, you shall be deemed to have accepted these terms and conditions and the terms of the Quote, regardless of execution, and you shall be responsible for full payment of all associated invoices.
SECURITY POLICY (Domestic and International): Due to Federally mandated security measures and the obligation of Pentastar to submit Secure Flight Passenger Data (SFPD) to the Transportation Security Administration of the U.S. Department of Homeland Security (TSA), at the time of booking (but in no case less than 24 hours prior to departure) and at the time of boarding, each passenger 18 years of age or older: (i) must provide a valid and unexpired form of identification (as defined below), which must include such passenger’s full name, date of birth and gender, (ii) may provide such passenger’s Redress Number or Known Traveler Number (if any) and (iii) may provide a valid and unexpired passport, which must include such passenger’s passport number, country of issuance, expiration date, gender and full name. A “valid form of identification” is: (a) a government-issued photo identification or (b) two other forms of identification, at least one of which must be issued by a government authority. All passengers 17 years of age and under must provide documentation of parental authorization to travel in a form acceptable to Pentastar. A lead passenger must be named for all legs of the charter flight along with contact information. Unlisted passengers and/or failure to provide proper documentation may cause significant delay pending security verification. You will be responsible for obtaining any travel authorization documents such as passports and visas that may be required by destination government authorities. You will be responsible for any additional costs incurred due to your failure to provide proper documentation in a timely manner. Time restrictions for trip planning and requirements of TSA for submission of SFPD may limit access to or delay travel to the applicable destination. Itinerary changes must be approved by Pentastar.
PRIVACY NOTICE: The Transportation Security Administration of the U.S. Department of Homeland Security (TSA) requires Pentastar to collect information from you for purposes of Watch List screening, under the authority of 49 U.S.C. section 114, and the Intelligence Reform and Terrorism Prevention Act of 2004. Providing this information is voluntary; however, if it is not provided, you may be subject to additional screening or denied transport or authorization to enter a sterile area. TSA may share information you provide with law enforcement or intelligence agencies or others under its published system of records notice. For more on TSA privacy policies, or to view the system of records notice and the privacy impact assessment, please see TSA’s web site at www.tsa.gov.
AIRCRAFT AMENITIES AND RESTRICTIONS: Specific aircraft details regarding smoking and animal restrictions, sleeping configurations, standard aircraft stock, and baggage limitations can be confirmed with Pentastar. Pentastar and the flight crew reserve the right to inspect all baggage. You must notify Pentastar in advance of any of the following: expected excess baggage, the declaration of any excessive value, any known security related concerns that may exist, and any special assistance that may be required for the passengers or planning the trip. If unannounced smoking occurs in flight, the aircraft will land, the passengers will be escorted off the aircraft, and you will be billed in full for the trip, along with any additional charges for flight deviation and cleaning. Pentastar will not accept smart bags with non-removable lithium-ion batteries for carriage on any flight. Customers having a smart bag with a removable lithium-ion battery must remove the battery from the smart bag prior to boarding the aircraft and carry the battery with them into the cabin in their carry-on baggage.
U.S. Department of Transportation (DOT) regulations prohibit passengers from carrying hazardous materials (“hazmat” or “dangerous goods”) aboard commercially operated aircraft. For specific guidance, see www.faa.gov/packsafe. For additional information on prohibited items that the TSA deems to be a security threat, please see www.tsa.gov/travel/security-screening/whatcanibring/all.
AIRCRAFT DAMAGE AND CLEANING FEES: In the event that the aircraft is soiled or damaged by you or your guests beyond normal wear and tear conditions, you will be charged the actual cost of cleaning or repairs plus the cost of lost use of the aircraft at the aircraft’s minimum daily rate. All additional charges will be reflected on the final invoice.
LEGAL LIABILITY: Neither Pentastar nor any of its affiliates, employees, agents or owners shall be liable to you or any other person or entity for the injury or death of any person or for any damage to or loss of any property unless such injury, death, damage, or loss is the direct result of negligence or intentional misconduct of Pentastar or any of its employees; provided, however that (a) under no circumstances shall the liability of Pentastar exceed the amount of insurance actually paid by Pentastar’s insurer in connection with such incident, and (b) under no circumstances shall Pentastar be responsible for any lost profits, or any special or consequential damages. In the event Pentastar becomes liable to a third party due to the actions or omissions of you or your guests, you agree to fully indemnify Pentastar for such costs. Any claim arising under hereunder will be barred and unenforceable unless the party asserting it files an action on that claim within one (1) year after that party knew or should have known of the grounds for such claim.
GOVERNING LAW: The terms of the Quote shall be governed by and construed in accordance with the laws of the State of Michigan without giving effect to any laws pertaining to conflicts of laws. Any action hereunder shall be subject to the exclusive jurisdiction of state and federal courts sitting in Michigan.
OPERATIONAL CONTROL: You acknowledge that the operator of the aircraft maintains operational control of their aircraft, in accordance with Federal Aviation Regulations.
SEVERABILITY: Any term or provision of the Quote that is invalid or unenforceable in any situation in any jurisdiction shall not affect the validity or enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending term or provision in any other situation or any other jurisdiction.
FORCE MAJEURE: With the exception of payment obligations, neither party shall be liable for a failure to perform any part of this Agreement when the failure is due to an act of God, fire, flood, war, government action, or other event beyond the reasonable control of the party from whom performance is required.
ENTIRE AGREEMENT AND AUTHORIZATION: The Quote has been duly executed by an authorized representative of each party, and contains the entire understanding of the parties as to its subject matter, supersedes all prior oral agreements and writings, and can only be modified in a writing signed by both parties.
WAIVER: A waiver, whether oral or in writing, expressed or implied, by any party of any failure by a party in the observance and performance of any of the terms, conditions, obligations, responsibilities, or duties set forth in the Quote shall not constitute or be construed as a waiver of any subsequent or other failure.
ASSIGNMENT: Neither party may sell, transfer or assign the Quote or any rights hereunder without the written consent of the other; provided, that, Pentastar has the right to provide you with an equivalent or better aircraft operated by Pentastar, or by another operator qualified under applicable Federal Aviation Regulations in to meet a charter request from you.
ENFORCEABILITY: The rights and obligations of the parties hereunder shall inure to the benefit of, and be binding and enforceable upon, the respective successors, permitted assignees, and permitted transferees of any party. No permitted assignment or transfer shall relieve the assigning or transferring party of responsibility for the obligations so assigned or transferred.
AMENDMENT: No amendment of any provision of the Quote shall be valid unless the same shall be in writing and signed by the parties.
HEADINGS: The headings contained in the Quote are inserted for convenience only and shall not affect in any way the meaning or interpretation of the Quote.