Travel Guidelines

AIRCRAFT CHARTER AGREEMENT

(General Terms and Conditions)

1. INTRODUCTION:
   1. Emerald Coast Air Charters, Inc. (hereinafter “Emerald Coast Air Charters” or “Operator”) is a certified FAA Part 135 Air Carrier, with its base of operations located at Bob Sikes Airport in Crestview, Florida. This document contains the General Terms and Conditions applicable to all aircraft charters provided by Emerald Coast Air Charters unless changed and/or waived in writing, signed by Operator.
   2. Client desires to obtain aircraft charter services from Operator, which aircraft charter services shall, during the term of this Agreement, be based at Bob Sikes Airport.
   3. This Agreement (the “General Terms and Conditions”) sets forth the general terms and conditions for the provision of air charter and related services by Operator to the Client and are incorporated into all contracts related thereto.
2. DEFINITIONS:
   1. Agreement- shall collectively mean the charter confirmation, this Aircraft Charter Agreement and the general terms and conditions.
   2. Aircraft- means the aircraft identified and operated in connection with a Flight. Operator may substitute the aircraft with an aircraft of similar size and capabilities at any time within Operator’s sole discretion.
   3. Charter- means the charter of the Aircraft by the Client, as arranged by Emerald Coast Aviation and pursuant to the terms contained herein.
   4. Charter Contract- means the charter details.
   5. Charter Quote- means the price of the Charter as set out in the Charter Contract.
   6. Client- means the person or entity that either entered the Charter Contract or paid all or a portion of the Charter fee. Client is liable and responsible for the acts and omissions of all passengers, both collectively and individually.
   7. Departure Time- means the departure time of the Flight(s) as set out in the Charter Contract.
   8. Flight- means the flight described in each Charter Contract.
3. COVENANTS AND OBLIGATIONS: In consideration of the premises and the covenants and obligations hereinafter set forth and intending to be legally bound, Operator and Client hereby agree as follows:
   1. Aircraft Charter Services: Subject to the terms and conditions contained herein and in accordance with all applicable FAA Regulations, Operator agrees to provide Single-Pilot FAA Part 135 aircraft charter services for Client in an aircraft owned, leased or brokered by Operator (hereinafter referred to as the “Charter Services”). Upon either signing the quote page or making payment in full for the Charter Services, Client agrees to, and is bound by all terms and conditions set forth herein.
   2. Charter Price: Except as otherwise specified in this Agreement, the charter price set forth in the Charter Quote includes all expenses of operating the aircraft over the designated routing, as well as incidental expenses such as fuel, on-board supplies and routine catering (if applicable), passenger and aircraft ground handling, aircraft maintenance, airport charges, crew expenses (including salaries, per diem, hotel and ground transfers), Operator’s liability and hull insurance coverage and fees. Catering and other services may be available upon request for additional fees.
   3. Payment: The payment for each charter flight shall be due upon confirmation of each charter; payment must be received to confirm each flight as Operator cannot guarantee the availability of the agreed upon aircraft until payment has been received in full. At the discretion of Emerald Coast Air Charters, credit cards may be accepted for payment of charges and such payments will be subject to a 2.8% additional fee. The round-trip travel price will include up to six (6) hours turnaround time. Beyond six (6) hours, the Client will be charged an hourly fee of $170 per hour not to exceed a total of $500 per day. All additional fees incurred will be due upon termination of the flight. Client is responsible for paying all state and federal taxes and fees, including but not limited to bank transfer fees, whether or not included in the Charter Quote.
   4. Early Termination (Flight Cancellation Policy): Unless otherwise specified, the following cancellation terms apply:
      1. A $350.00 NON-REFUNDABLE CANCELLATION FEE SHALL APPLY, PLUS ALL APPLICABLE TAXES, UPON BOOKING OF FLIGHT.
      2. If the Charter is terminated or cancelled by Client within one week of the scheduled departure date, the cancellation fee shall be 25% of the entire Charter Quote, plus all applicable taxes.
      3. If the Charter is terminated or cancelled by Client within 72 hours of the scheduled departure date/time, the cancellation fee shall be 50% of the entire Charter Quote, plus all applicable taxes.
      4. In the event the Charter is canceled due to Client or any passenger’s failure to appear, the cancellation fee shall be 100% of the entire Charter Quote, plus all applicable taxes.
   5. Late Passenger Arrival: Should passengers arrive at the initial departure location past their scheduled departure time, Operator has the option of canceling the flight without refund. If Operator’s schedule allows ability to stand-by, the customer will be charged a $85 per half-hour stand-by fee. Stand-by fees shall be billed in half hour increments, starting at the original scheduled departure time.
   6. Holidays and Special Events: For holiday and special event bookings, if the Charter is terminated or cancelled by Client within 15 days of the scheduled departure date, the cancellation fee shall be 50% of the entire Charter Quote, plus all applicable taxes.
   7. Flight Delays: Operator shall use its best efforts to adhere to the schedule of arrival and departure times, as specified by Client. In the event the Operator is unable to complete the trip due to mechanical issues, pilot illness or due to any other event, Client will be responsible for the portion of the flight completed, and any additional costs associated with securing another aircraft or mode of transportation to complete the trip. All quotes are calculated on estimated flight times based on the route segments to be flown, plus incidental charges and estimated facility fees. If delays, diversions (due to weather or any other circumstances) are experienced and result in an increase in the flight time or incidental expenses, Client is responsible for all additional fees.
   8. Miscellaneous Provisions: Neither this Agreement, nor any of the terms set forth herein, may be amended, waived or modified except in writing signed by both the Operator and the Client. This Agreement constitutes the entire Agreement between Operator and Client in respect of the matters covered hereby and supersedes all prior and contemporaneous agreements, understandings and communications, either oral or written, between Operator and Client in respect to the subject matter thereof.
   9. Cleaning/Restoration Charges: Client will be responsible for all cost of cleaning, restoring and/or repairing damages beyond normal wear and tear to the interior of the Aircraft. Smoking on the Aircraft is prohibited. Small pets are allowed only with pre-approval and payment of a $300 non-refundable cleaning fee. Approved pets must always travel in a pet carrier.
   10. In the event of any breach of this Agreement, Operator reserves the right to immediately terminate this Agreement.
   11. Any statements, promises or inducements made by either party which are not contained in this Agreement shall not be valid or binding.
   12. This Agreement shall be valid and binding upon payment of Charter Quote.
   13. The invalidity of any portion of this Agreement shall not affect the validity of the remaining portions thereof.
   14. Headings and paragraphs of this Agreement are for convenience and have no substantive effect on the Agreement nor are they to aid in the interpretation of this Agreement.
   15. Governing Law: This Agreement is a contract executed under and to be construed under the laws of the State of Florida. The parties hereby consent to submit any disputes related to this Agreement to binding arbitration.
   16. Responsibilities and Force Majeure: Operator shall not be liable for any loss, expense, direct or indirect, damage, special or consequential damages, injury or other irregularity caused by the defect of any aircraft, vehicle, or conveyance or the negligence of any third-party company or third-party person engaged in conveying the passengers or carrying out the arrangements for your trip. The above mentioned includes any delay, flight schedule change, cancellation, sickness, weather, strikes, war, quarantine, acts of God, or any similar cause. Operator’s liability in any case is limited to the amount paid to us and any claims shall be adjudicated and governed by the laws of the state in which we have our principal business location. In any event, if the chartered flight does not reach its intended destination, due to any circumstances, the operator, and/or its client may, at its option, provide substitute transportation. In such cases, the customer would be solely responsible for all additional expenses associated with substitute transportation. Operator is not liable for damaged or broken items carried on board Aircraft.
   17. Passenger Manifest: The Operator reserves the right to limit passengers onboard to those listed on the manifest at the time of the confirmation of the flight.
   18. Identification: Client is 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 Operator for domestic flights.
   19. Passenger Conduct: Subject always to the Operator’s conditions of carriage, in the event that a passenger’s conduct, behavior or health is deemed by the captain of the Aircraft to cause, or be likely to cause, discomfort or nuisance to other passengers or jeopardize the safety of the passengers and/or the Aircraft, then the captain of the Aircraft shall be entitled to take any action deemed necessary to procure the safety of the passengers and Aircraft including, but not limited to diverting or returning to the airport of departure and/or removing the passenger(s) in question. If such action is deemed necessary, Client shall compensate Operator against any loss incurred by Operator because of such diversion and removal.
   20. Passengers with Disabilities: Individuals with disabilities, as defined in section 382.3 of DOT’s rules, 14 CFR 382.3, shall be transported as provided in the regulations and related guidance materials of the DOT, the FAA, other cognizant government authorities, and Operator’s procedures developed in accordance therewith. Client agrees to provide Operator with at least 24 hours’ advance notice that a passenger with a disability will travel on any flight to be operated under this Agreement, and to include information on special accommodations, if any, the passenger will need, provided Client has been made aware of the disability and special needs by such passenger or someone acting on his or her behalf. In the event Client first becomes aware of the disability and/or special needs less than 24 hours prior to the scheduled time of departure, Client will undertake to notify Operator as soon as possible.
   21. Regulations: This Agreement is subject to all governmental laws, rules, and regulations governing the flights contemplated hereunder, including, without limitation any rules and regulations of the Federal Aviation Administration (FAA), the Transportation Security Administration (TSA), Department of Transportation (DOT), and Internal Revenue Service (IRS) which now or hereafter may be imposed or required.
   22. Prohibited Items: Emerald Coast Air Charter does not allow the transport of hazardous materials. Although it is not a comprehensive list, the following are some more common items that are considered HAZMAT and will not be permitted on board the aircraft:
       1. Flammable aerosols that are not toiletry or medicinal
       2. Lighter fluid
       3. Loose ammunition, loaded firearms
       4. Self-defense spray larger than 4 ounces
       5. Oxygen tanks (including for medical purposes)
       6. Dry ice in air-tight packages that won’t allow venting of carbon dioxide
       7. SCUBA equipment (bottles of compressed air)
       8. Wet-cell batteries (wheelchairs, automotive)
       9. Battery-powered wheelchairs and mobility aids
       10. Spare lithium metal and lithium-ion batteries are not allowed in checked baggage
       11. Electronic cigarettes are only allowed as carry-on items.

       Additionally, the following restrictions apply to all charter flights:

   1. No smoking at any time
   2. Weapons are strictly prohibited on board Aircraft
   23. Aircraft and Crew: The captain of the Aircraft shall have complete discretion concerning preparation of the load carried and its distribution and of the Aircraft for flight, whether a Flight shall be undertaken or abandoned once undertaken and deviation from proposed route, where landing shall be made and all such other matters relating to the operation of the Aircraft and the Client shall accept all such decisions as final and binding.