Terms & Agreement
STANDARD TERMS & CONDITIONS
CHARTER BROKER AGREEMENT
1. ENGAGEMENT: Client hereby engages Virobel Investments LLC to act as its intermediary to arrange for charter services described on the Charter Itinerary, to which these Standard Terms and Conditions are annexed, on behalf of Client from third party certified air carriers operating under Part 135 of the Federal Aviation Administration (“FAA”) Regulations (Section 14 Code of the Federal Regulations).
a. All requests for services are subject to acceptance by Virobel Investments LLC. Your Charter itinerary will be delivered from Virobel Investments LLC providing a confirmation number and the estimated price quote, segments arranged on your behalf, aircraft type and other requests specified by you when booking your flight. You will be requested to sign and return a copy of the Charter Itinerary signifying confirmation of its contents and consent to these Standard Terms and Conditions.
b. Client understands and acknowledges that the cancellation of any Reservation or portion thereof within 48 hours of the beginning of the scheduled domestic trip and with 72 hours of the scheduled international trip, will result in a cancellation charge of up to 100% of the quoted price for the trip. Client acknowledges that any change in the date, itinerary, or type of aircraft may be considered as a cancellation. ALL ONE WAY CHARTER RESERVATIONS OR NON-CANCELABLE AND NON REFUNDABLE AT TIME OF BOOKING.
c. Client will not be charged for flights cancelled more than 48 hours prior to departure of a domestic trip and 72 hours of the scheduled international trip, except for those instances when an advanced deposit is required and Client has been informed of the cancellation fee.
3. PRICE QUOTES: The cost estimate provided to the client for each specific Charter Itinerary is subject to the following:
4. PAYMENT TERMS:
a. Virobel Investments LLC will require payment in advance. By either wire transfer or providing your debit card information, you authorize Virobel Investments LLC to obtain payment from the issuer of the credit card you presented if you do not make payment by other means, and you agree to perform the obligations set forth in your agreement with your credit card issuer. However, your credit card will only be charged if Virobel Investments LLC fails to receive payment from you within seven (7) days of your flight. Client will pay Virobel Investments LLC (a) the rate of the lower of (i)one percent per month, or (ii) the highest percentage permitted by law on any charges outstanding more than thirty (30) days after receipt of invoice, plus (b) the reasonable costs (including attorney’s fees) for the collection of any past due fees, expenses and charges thereunder.
5. ACKNOWLEDGMENT OF OPERATIONS: Client acknowledges that Virobel Investments LLC is acting solely as an intermediary and is not an air carrier and is not operating flights. Client authorizes Virobel Investments LLC to book on Client’s behalf. The air charter suppliers have sole responsibility, liability and control of all aspects of the aircraft charter services provided to you, 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 and cargo and other people and events associated with your air travel, such as crew performance and catering services.
6. SAFETY OF OPERATION: Without limitation, you acknowledge and agree that the air charter suppliers and/or their pilots will be solely responsible for all decisions regarding safety determinations with respect to the commencement, operation and termination of flights.
7. FORCE MAJEURE: Virobel Investments LLC will not be deemed to be in breach of its obligations hereunder or have any 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 Virobel Investments LLC or the carrier.
a. Neither the air charter suppliers nor Virobel Investments LLC shall have liability or responsibility for delay, cancellation or failure to furnish any service o be provided to you when caused by mechanical difficulty, weather conditions, acts of god, war, civil commotion, strikes or labor disputes, government regulation, law, rule or authority, or any causes beyond their reasonable respective control;
b. 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 us and performed by the air charter suppliers;
c. 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 us: and
d. Virobel Investments LLC 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.
e. 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 limit liability of the Carrier for death or personal injury and for loss of or damage to baggage.
f. You shall indemnify and hold harmless Virobel Investments LLC, its affiliates and all of their officers, directors, employees, legal representatives and other agents, successors and assigns (the “indemnified parties”) from and against any 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 an of the indemnified parties as a result of the services performed hereunder on your behalf.
g. IN NO EVENT WILL Virobel Investments LLC BE LIABLE FOR ANY TYPE OF INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN CONTRACT OR IN OR, EXCEEDING THE AMOUNT PAID BY CLIENT FOR THE FLIGHT IN QUESTION. CLIENT WILL INDEMNIFY AND HOLD Virobel Investments LLC HARMLESS AGAINST ANY LOSS, DAMAGE OR EXPENSE INCURRED BY Virobel Investments LLC BY REASON OF ANY ACTION OR OMISSION OF CLIENT, ITS EMPLOYEES, AGENTS AND GUESTS. FURTHERMORE, CLIENT AGREES TO PAY FOR ANY DAMAGE TO THE CHARTER AIRCRAFT CAUSED BY CLIENT, OR ANY EMPLOYEE OR GUEST OF CLIENT, NORMAL WEAR AND TEAR EXCLUDED.
This agreement is 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. This Agreement is governed by the law of the State of Florida with venue in Broward County. The illegality or non-validity of any paragraph, clause or provision contained or referred to in this Agreement shall not affect or invalidate any other paragraph or provision hereof. It is understood and agreed that this Agreement contains the entire agreement of the parties with respect to the subject matter hereof. No terms or provisions of this agreement may be changes except by written instrument signed by both parties.