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AIRCOMPAIR DISCLAIMERS
- ENGAGEMENT: The customer subscribes to Aircompair, LLC, an Illinois Limited Liability Company (“Aircompair”) on an annual basis to access information and discount charter rates. Customers, using Aircompair’s website, www.aircompair.com, may search for, and request reservations of charter services from third party certified air carriers operating under Part 135 of the Federal Aviation Administration Regulations (Section 14 Code of Federal Regulations) (“Charter Company”). These terms and conditions are applicable for every itinerary constructed; all search results subsequently displayed, and all reservations requested by the customer. Aircompair operates no charter aircraft of its own, and is compliant with D.O.T. rules 49 U.S.C. §§ 41101, 41301, and 41712.
- RESERVATION REQUESTS: All reservation requests by the Customer are forwarded to and subject to acceptance by the selected Charter Company. Any cancellation of a confirmed reservation is subject to the terms and conditions of the specific Charter Company selected. Aircompair assumes no responsibility for the disposition or cancellation of any reservation, either by the Customer or the Charter Company.
- PRICE QUOTES: The cost estimate provided by Aircompair to the Customer for each specific charter itinerary is subject to the following:
- Domestic and international flights may be subject to the federal excise and/or federal departure tax. The Charter Company selected will collect all applicable taxes and fees for service.
- The charter quote from Aircompair is an estimate on behalf of the Charter Company. All charges for the planned itinerary will be confirmed by the selected Charter Company and will include an estimate for certain cost items. Customer will pay actual amount of applicable taxes, flight fees, over-flight permits, landing charges, catering costs, in-flight phone, customs fees, crew trip expenses, and similar out-of-pocket expenses relating to the services provided should these amounts differ from the original cost estimate. All monies will be collected directly by the Charter Company from the Customer. The customer is guaranteed to have access to the maximum discounted wholesale hourly rate offered by the selected charter company.
- If a deviation from the original itinerary is requested by the Customer and agreed to by the Charter Company, or if necessitated by the Customer’s actions, then the amount owed to the Charter Company may differ from the original cost estimate.
- PAYMENT TERMS: Aircompair charges an annual membership fee to its customers. Aircompair charges no other charter fees to the Customer. All payments for charter services shall be made directly to the selected Charter Company.
- ACKNOWLEDGEMENT OF OPERATIONS: The Customer acknowledges that Aircompair is acting solely as an on-line search tool to provide discounts, information, quotes, and reservation requests for air charter services by Charter Companies. Aircompair is not an air carrier and is not operating the flights. The Charter Companies have sole responsibility, liability, and control of all aspects of the aircraft charter services provided to the Customer, including without limitation, aircraft availability and pricing, the commencement and termination of scheduled flights, the operation, regulation condition and safety of the flights, passengers, baggage and cargo, and other people and events associated with the Customers air travel, such as crew performance and catering services.
- SAFETY OF OPERATION: Without limitation, the Charter Companies and/or their pilots, crewmembers, and employees or agents thereof will be solely responsible for all decisions regarding safety determinations with respect to the commencement, operation, and termination of flights.
- FORCE MAJEURE: Aircompair is not responsible for, and does not have liability for any delay, cancellation, or damage arising in whole or in part from any act of God, act of nature, acts of civil or military authority, strike or labor dispute, mechanical failure, lack of essential supplies or parts or for any cause beyond the direct control of Aircompair or the selected Charter Company.
- DAMAGES:
- Aircompair shall not have any liability or responsibility for delay, cancellation, or failure to furnish any service to be provided when caused by mechanical difficulty, weather conditions, acts of God, civil commotion, strikes or labor disputes, government regulation, law, rule or authority, or any causes beyond their reasonable respective control.
- The Customer assumes all liability and responsibility for their safety, schedule, baggage, cargo, business and personal activities and financial ramifications associated with their air charter reservations and travel facilitated by Aircompair and performed by the Charter Companies.
- The Customer, their 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.
- Aircompair makes no representations or warranties of any kind, either express or implied, as to any matter limited to, implied warranties of fitness for a particular purpose, merchantability or otherwise.
- If the Customer’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 Charter Company for death or personal injury and for loss of or damage to baggage.
- The Customer shall indemnify and hold harmless Aircompair, its affiliates and all of their officers, directors, employees, legal representatives and other agents, successors and assigns (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 provided hereunder on the Customer’s behalf.
- In no event will Aircompair be liable for any type of indirect, incidental or consequential damages. The Customer will indemnify and hold Aircompair harmless against any loss, damage or expense incurred by Aircompair by reason of any action or omission of the Customer, its employees, agents, and guests. Furthermore, the Customer agrees to pay for any damage to the charter aircraft caused by the Customer, or any employee or guest of the Customer, normal wear and tear excluded.
- EXCLUSIONS OR OMISSIONS: Aircompair will be indemnified and held harmless for any mis-representations presented by the Charter Companies on Aircompair’s website. In addition, any omissions or exclusions, either actual or implied, are not the responsibility of Aircompair or any of its affiliates.
- REGULATIONS: These terms and conditions are subject to all applicable rules, regulations, approvals and certifications in effect from time to time including, but not limited to, those promulgated by the FAA which now or hereafter may be imposed or required. These terms and conditions are governed by the law of the State of Illinois. The illegality or non-validity of any paragraph, clause, or provision contained or referred to in these terms and conditions shall not affect or invalidate any other paragraph or provision hereof. It is understood and agreed that these terms and conditions contain the entire agreement of the parties with respect to the subject matter hereof. No terms or provisions of these terms and conditions may be changed except by written instrument signed by both the Customer and Aircompair.
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