AIRCRAFT CHARTER SERVICES CONTRACT/TERMS AND CONDITIONS

2021-07-15

1. Rates and charges are published in the lawful currency of Canada. Where payment is made in any currency other than Canadian, such payment shall be the equivalent of the Canadian dollar amounts published in this tariff on the basis of local banker's rates of exchange as calculated on the date of signing the air transportation contract.
2. The operation of a domestic service is governed by theCanada Transportation Act(the CTA), the Air Transportation Regulations, as amended (the ATR), the Aeronautics Act and associated regulations.
3. Flight and trip costs: The charter customer shall pay SHAIRE the quoted charter flight amount (which may include without limitation any and all applicable fuel surcharge fees, catering, ground transportation services, car rentals, de-icing/anti-icing, hangar fees, flight phone and internet, security fees, customs and immigration fees, international fees, excise and all air transportation taxes, and any other applicable taxes, charges, fees, withholdings or assessments of any nature whatsoever, pursuant to or arising from, the terms of this charter agreement) upon contract signature per the payment schedule described in Clause 15. Incidental amounts which may be unascertainable before the completion of the flight and which are not paid for in advance, including but not limited to fuel surcharge fees, catering, ground transportation services, car rentals, deicing/anti-icing, hangar fees, air traffic control route deviations and/or holds, flight phone and internet costs, may be invoiced after completion of the flight and such amounts shall be due and payable immediately by the charter customer. Payments may be settled by wire transfer, or major credit card (in which a 4% convenience fee will be applied).
4. Itinerary changes: Itinerary changes, including date and time changes, are permitted but are subject to Charter approval, aircraft and and crew availability, as well as rate adjustments. Notifications of changes and/or cancellations must be in writing and transmitted by email to info@flyshaire.com If the charter customer’s trip is interrupted due to, without limitation, passenger illness, inclement weather, operational limitations, air traffic control, or customs, SHAIRE shall put for best commercial efforts to assist the charter customer and maintain delays or inconveniences to a minimum. The charter customer shall be responsible for the original quoted costs of the trip plus any delays, interruptions, or sunk costs incurred by the aircraft operator which are beyond SHAIRE’s reasonable control. Customer requested changes in departure date or time may be assessed change fees and changes are accepted at the sole discretion of the aircraft operator. Customer-preferred FBO:Flights are quoted using the aircraft operator’s preferred FBO facility at each airport. FBO’s utilized at the request of the customer must be approved by the aircraft operator and will be subject to additional fees. Late Customer Fees: Customers must arrive within 15 minutes of their specified departure time. Late customer arrivals may incur charges at the aircraft operator’s sole discretion and significant delays may result in 100% forfeiture of the specified leg amount. Customers shall communicate closely with SHAIRE if they intend to be late arriving for their flight.
5. Mechanical Failure: In the event of a mechanical failure, SHAIRE shall make every reasonable commercial attempt to assist the completion of the scheduled charter flight, which may include the use of another aircraft possibly sourced from another operator. If no suitable replacement aircraft is available a full refund will be provided to the customer for the unused portion of the trip. The customer shall have the right to refuse payment of additional costs owing to the use of a different aircraft, in which case the customer shall have the right to a full refund of the unused portion of the trip.
6. Force Majeure: If the customer’s trip cannot proceed due to circumstances beyond the control of the aircraft operator including natural disaster, war, terrorism (or threats of), civil disorder, labor disruptions, fire, epidemics, and closure of airports or international borders, the customer shall be entitled to a refund for the unused portion of their trip.
7. Baggage: Passengers and baggage or goods will be carried within space and weight limitations of the aircraft. Most aircraft will accommodate a suitcase and a carry-on size piece of luggage. However excessive baggage, larger containers, hazardous materials, and oversize luggage need to be approved for safety and operational purposes. The charter customer shall advise of all baggage in advance of the flight. The ability of the aircraft to carry all the passenger’s baggage is subject to operational approval. SHAIRE will not be liable for fuel stops caused by weight, or baggage that must be left behind, due to space constraints, weight constraints or other operational considerations.
8. Pets: The charter customer shall advise SHAIRE prior to contract signature of any pets they wish to bring onboard and obtain approval. Pet fees may apply. The charter customer is fully responsible for, and SHAIRE shall not beheld liable for, pet documentation when crossing international borders.
9. Identification Required Prior to Each Charter Flight: All passengers are responsible for ensuring that they have the required travel documentation, including passports, visas, and health certificates. Any parent of legal guardian traveling with a child under the age of consent, without the accompaniment of the other parent or legal guardian, must provide an appropriate consent letter signed by the appropriate authorities. SHAIRE will forward this information to the aircraft operator.
10. Security: Laws and regulations require SHAIRE to obtain and disclose certain personal information relating to the AIRCRAFT CHARTER SERVICES CONTRACT/TERMS AND CONDITIONS 2021-07-15 passengers. The charter customer confirms that it is authorized by each of the passengers to provide such information to SHAIRE.
11. Damages: The charter customer shall ensure that passengers act in a reasonable and responsible manner while on board the aircraft, and such conduct shall be subject to the operator’s applicable policies and procedures. The charter customer shall ensure that all passengers comply with the Pilot in Command’s instructions. The charter customer is liable for any damages they or their passengers cause to the aircraft, including consequential damages arising therefrom.
12. Liability: SHAIRE shall not be liable for any damages arising from either i) the destruction, loss, damage, or delay of baggage or ii) any bodily injury or death, and charter customer may only seek compensation for such damages under the terms of the aircraft operator’s insurance policy. In the event the operator fails to operate the flight, or for any other obligations of the charter which the operator fails to satisfy, the liability of SHAIRE shall be limited to only the amounts paid by the charter customer, less any non-refundable or used portions thereof. Except as otherwise stated herein, neither party shall be liable to the other for any consequential, special, indirect, or incidental damages or loss of profit, loss of revenue or punitive damages of any kind or nature under any circumstances whatsoever and howsoever caused, nor for any losses or damages arising out of any lack or loss of use of the aircraft, unless caused by that party’s gross negligence or willful misconduct. Each party shall defend and hold harmless the other from and against all claims, causes of action and other liabilities (including reasonable attorney’s fees) arising in connection with the performance or non-performance of their respective obligations under this Agreement to the extent that such claim, cause of action or liability is not caused by the gross negligence or willful misconduct of the defaulting party, its agents, employees, representatives.
13. Prohibited Items and Dangerous Goods: The charter customer and their passengers are not permitted to transport any items classified as Hazardous Materials (HAZMAT) or restricted articled by government authorities. All baggage or goods presented for transportation is/are subject to inspection by the carrier. For a complete list of items that are not permitted onboard aircraft please consult the appropriate government website.
14. Refund and Cancellation Policy: Requests for Refund or Cancellations can be made prior to the scheduled Charter Service by contacting your trip advisor or Shaire Inc at info@flyshaire.com.Some flights, particularly international flights, require extensive planning in advance of the flight and the Charter Service may have pre-paid expenses associated with the Customer’s planned Charter Service. Refund and Cancellation requests will be subject to the policies set forth below; a) When a cancellation request is made 48 hours or more prior to the scheduled flight a refund or flight credit will be provided less any prepaid expenses associated with the Charter Service such as but not limited to any nonrefundable fees for services associated with the Service, such as and without limitation, aircraft handling services, repositioning costs, “Shaired” trip expenses, credit card fees, international permits, crew airline tickets and crew hotel rooms. The Customer agrees to be responsible for such fees. b) When a cancellation request is made less than 48 hours or more prior to the scheduled flight a refund or flight credit will be provided less all non-refundable fee’s as described above plus up to a 10% trip cost penalty. The amount of the cancellation charge, if any, will be at Charter Operators discretion and will be based, among other factors, on the amount of the cancellation charge assessed by the Operator. c) International Flight Cancellation. International one-way flights, including multi-leg, one-way flights are completely non-refundable. International round trip flights are subject to a cancellation charge up to 100% of the charter amount if cancelled within four days of scheduled departure. The amount of the cancellation charge, if any, will be at the Charter Operators discretion and will be based, among other factors, on the amount of the cancellation charge assessed by the Operator. d) Except in instances where an aircraft operator fails to perform the trip, no refunds can be given for the return, dead legs or “Shaired” portion of an itinerary that has already commenced. Trip cancellation insurance should always be considered and is sold by third parties.
15. Deposit and Payment Schedule: The charter customer shall remit to SHAIRE a deposit equal to a minimum of 15% of the total charter cost as described below, upon signature of this contract. The deposit is non-refundable except for circumstances described in Clauses 5 and 6. The charter customer shall remit the remainder of the quoted trip cost to SHAIRE 20 days prior to the commencement of the flight. SHAIRE also requires that a credit card be kept on file for incidental charges as outlined in Clause 3. SHAIRE will document each charge for the customer. The charter customer will have the option of settling each charge by wire transfer, or major credit card held on file (in which a 4% fee will be applied).
16. The customer shall review all Terms and Conditions prior to accepting the quoted charter contract. Deposit and/or Payment will constitute acceptance of the terms and conditions noted within.