
Terms of service.
Aircraft Charter Standard Terms and Conditions
General:
Curated Carriers acts as an agent for the Client, arranging charter services with one or more certified air carriers (hereinafter referred to as "Carrier") under the applicable regulations of the Federal Aviation Administration ("FAA") and Department of Transportation ("DOT"). Upon Client's confirmation, Curated Carriers will act as the Client’s agent to enter into a charter contract. Flights will be operated under United States Federal Aviation Regulations ("FARs") Part 135, with the Carrier maintaining operational control at all times. Curated Carriers works with a network of Preferred Direct Air Carriers that meet FAA safety standards and Curated Carriers' additional safety requirements.
Client Acknowledgment:
The Client acknowledges that Curated Carriers is acting solely as an agent in the arrangement of the charter flights described herein. This Agreement is binding and remains effective until cancelled in writing by either party. Each specific charter flight will be supplemented by a "Charter Quote" detailing the flight, pricing, terms, restrictions, aircraft description, and payment instructions. Curated Carriers, as the Air Charter Broker and "Authorized Agent," ensures the maintenance of non-owned aircraft liability insurance of no less than $100 million.
Costs and Expenses:
Each Charter Quote will outline the price and any additional charges. Clients are responsible for extra charges incurred during the provision of services, such as catering, ground transportation, de-icing, crew expenses, fuel surcharges, airspace navigation fees, international fees, and other related costs. Clients are also responsible for all applicable taxes, such as sales, VAT, stamp, transfer fees, and duties imposed by governmental authorities. The Client agrees to indemnify Curated Carriers against any such taxes.
Payment Terms:
Payment for each charter flight is due upon confirmation. Payments must be received before the aircraft is confirmed. Curated Carriers may accept credit card payments, which will incur an additional 4% fee. Alternate payment terms may be arranged and are outlined in the Charter Quote.
Authorized Flight Schedulers:
Clients must notify Curated Carriers of any changes to the list of authorized flight schedulers. Any failure to notify Curated Carriers may result in the Client being responsible for fees incurred by unauthorized schedulers. The aircraft will not be confirmed until the full payment as outlined in the Charter Quote is received.
Operation:
The Carrier and the aircraft's captain have the authority to make all necessary decisions regarding the flight, including deviations from the specified route and alternate landings. Curated Carriers is not responsible for flight operations, as they are entirely controlled by the Carrier.
Liability for Damages:
The Client will be held liable for any damages caused to the aircraft or Carrier's property due to the Client or their guests.
Limitation of Liability:
Curated Carriers is not liable for any loss, damage, delay, or cancellation resulting from force majeure events such as weather, mechanical failure, strikes, war, or other uncontrollable circumstances. Curated Carriers will use reasonable efforts to find alternative aircraft, but is not responsible for passengers who fail to arrive on time. Curated Carriers is not responsible for the actions or omissions of the Carrier.
Regulations and Identification:
This Agreement is subject to all applicable governmental laws and regulations, including those of the FAA, Transportation Security Administration (TSA), and Department of Transportation (DOT). Clients must ensure all passengers have valid identification as required by law.
Cancellation:
Cancellations made by the Client are subject to fees as outlined in the Charter Quote. Cancellations within specific timeframes may result in up to 100% of the quoted price being retained by Curated Carriers. Cancellations are also subject to the terms of the selected Carrier, and fees will be charged based on the nature of the cancellation and the flight's status.
Exclusions and Omissions:
Curated Carriers is indemnified against any misrepresentations or omissions made by the Carrier or other third parties. Curated Carriers does not control the actions of the Carrier.
Termination of Agreement:
Either party may terminate this Agreement with written notice. The Client is responsible for any fees incurred before termination.
Governing Law:
This Agreement is governed by the laws of the State of New York. Both parties consent to jurisdiction and venue in the courts of New York, New York.
Client Acknowledgment:
By accepting this agreement, the Client acknowledges understanding and agreeing to the terms and conditions set forth herein. Any modifications to this agreement must be made in writing and agreed upon by both parties.