AIRCRAFT CHARTER SALES TERMS AND CONDITIONS

AIRCRAFT CHARTER SALES GENERAL TERMS AND CONDITIONS

Agent: MEGA LFS LLC, Middle East General Aviation DWC LLC, AND/OR Affiliated company.

Charterer/Customer: The Customer or the Broker who represents the end customer & passengers.

These Aircraft Charter Sales General Terms and Conditions (the “Terms”) form an integral part of the Charter Flight Quotation issued to the Agent’s customer (hereinafter the “Customer”) by the Agent and countersigned by the Customer. The proposal made to the Customer by the Agent in the Charter Flight Quotation is non-binding, subject to aircraft availability, owner’s approval, traffic rights, and other potential conditions precedent appearing on the Charter Flight Quotation (the “Conditions Precedent”). By countersigning the Charter Flight Quotation, the Customer accepts that as soon as, but in no event before, the Agent issues the Charter Flight Confirmation, thereby confirming the satisfaction of all Conditions Precedent, the Contract (as defined below) is entered into between the Customer and the Agent, without the need for counter signature of the Charter Flight Confirmation by the Customer.

1. Purpose

The Charter Flight Quotation, the Charter Flight Confirmation, and these Terms together constitute a contract of carriage between the Customer and the Agent (the “Contract”) for the transport of passengers and/or goods from the point of departure to the point of destination as stated in the Charter Flight Confirmation. In case of conflict between these Terms and the Charter Flight Quotation, the latter shall prevail. The Customer acknowledges on behalf of the passengers it represents, and warrants its authority to give such acknowledgment on their behalf, that no contract of carriage will exist between the Customer’s individual passengers and the Agent, notwithstanding the issue to them of a passenger ticket by the Agent. Changes to the Contract are valid only if confirmed in writing by the Agent, and the Contract shall prevail over any and all other terms and conditions of the Customer. Consequently, all clauses and/or conditions appearing on letters, emails, faxes, receipts, and/or other documents issued by the Customer before or after entry into force of the Contract shall not be binding on the Agent.

2. Aircraft Specific

The flights covered by the Contract are aircraft-specific and are therefore subject to aircraft availability. The Agent reserves the right at any time to provide the Customer with another similar aircraft at the same cost should the booked aircraft be unavailable for any reason whatsoever. If no alternative aircraft can be found, the Agent further reserves the right to cancel any or all of the flights, and neither party shall have any claim or liability against the other in respect of such cancelled flight(s), other than the obligation for the Agent to return to the Customer an amount equal to the amounts previously paid by the Customer for the relevant flight(s), without interest.

3. Inclusive of Price

The price of the Contract includes:

Aircraft costs including crew, fuel, and maintenance;
Crew allowances;
In-flight catering;
Air navigation;
Crew meals, accommodation, and surface transportation;
Passenger and cargo insurances and taxes.

The price remains subject to industry-related fuel price and exchange rate fluctuations. The price assumes a reasonable amount of luggage per passenger. The Agent reserves the right to charge additional costs for oversized or overweight cargo or luggage.

4. Exclusive of Price

The price of the Contract excludes:

Surcharges of any type, including but not limited to fuel surcharge, navigation fees for cargo, FBO or insurance (including war risk insurance), airport surcharges, extra catering, special catering requests (e.g., caviar, special wines or spirits), satellite phone and internet connection, ground transportation, air navigation surcharges (notably Indian and Chinese airspaces), de-icing (including for positioning/repositioning flights), special cargo requests, installation of decals, credit card surcharges, and any other extra charges due to weather conditions, flight delays, or diverted landings.
Costs will be invoiced separately at cost after the flight and must be reimbursed immediately by the Customer. The Agent reserves the right to charge a ten percent (10%) handling fee for such invoices.

5. Currency

The price of the Contract is stated in the currency indicated on the Charter Flight Quotation, and payments shall be made in the same currency.

6. Brokerage

Should the Agent operate flights by order of a third-party broker, the broker and the Customer shall be jointly and severally liable to the Agent for the fulfillment of all payments.

7. Payment Terms

The Agent shall issue an invoice concurrently with the Charter Flight Confirmation. Payment must be received in full by the Agent no later than 72 working hours from receipt of the invoice or 72 hours prior to departure, whichever is earlier. Flights are firmly booked only after full payment. The Agent may terminate the Contract with immediate effect if payment is not received on time. All payments shall be made by bank transfer to the account specified in the invoice.

8. Cancellation Fees

If a flight is cancelled by the Customer or passengers, or the Customer requests a time change the Agent cannot accommodate, the following fees apply:

30% of the Charter Price: cancellation immediately after signing
50%: less than 28 days prior to STD
75%: less than 14 days prior to STD
100%: less than 7 days prior to STD or in the event of no-show

If a positioning flight is necessary, these periods are calculated from the time of cancellation to the departure of the positioning flight.

9. FORCE MAJEURE

The Agent may cancel, postpone, redirect, or provide another aircraft in case of events beyond its control, including acts of God, war, terrorism, riots, requisition, natural disasters, compliance with law, strikes, technical failures, crew sickness, passenger delays, or any other force majeure. The Agent shall not be liable for costs arising from such events, except crediting the Customer for amounts corresponding to cancelled flights minus incurred expenses.

10. PASSENGER AND CARGO ENTRY DOCUMENTS

Passengers must ensure valid travel documents and visas. The Agent assumes no responsibility for compliance, health tests, vaccination, or related documents. Any costs arising due to lack of documents shall be borne by the Customer.

11. PASSENGER BAGGAGE

Baggage is limited by aircraft safety, mission requirements, volume, loadability, and certified limits. Excessive items may be refused by the crew.

12. PROHIBITED OR DANGEROUS GOODS

Dangerous goods must comply with IATA Dangerous Goods Regulations. Prohibited items include explosives, flammable liquids/gases, high-power lithium batteries (>160Wh), toxic substances, corrosives, drugs, poisons, radioactive or magnetized materials. Lithium battery-operated devices must be carried in hand luggage; spare batteries must be insulated.

13. INDEMNIFICATION

The Customer indemnifies the Agent and its employees from any claims, damages, or costs arising from the flight, except for those caused by gross negligence or willful misconduct. The Agent shall not be liable for consequential losses.

14. SEVERABILITY

If any clause is found illegal or unenforceable, remaining clauses remain valid.

15. APPLICABLE LAW

The Contract is governed by the laws of the United States of America. Disputes are subject to the exclusive jurisdiction of the courts of USA.

16. PAYMENT PROCESSING SERVICES

16.1 CREDIT CARD PROCESSING CHARGE

Where payment for any Contract, including but not limited to a temporary credit card hold, is made by credit card, debit card, or other electronic payment method, a processing charge (“Processing Charge”) applicable by any payment gateway shall apply. This Processing Charge represents the fee applied on each transaction by the payment processor to capture funds from an account/credit card that a Customer maintains with a bank or financial institution in connection with a Transaction. The Customer shall bear these charges, which shall range from five percent (5%) to six percent (6%), at the sole discretion of Agent.

16.2 DISPUTED TRANSACTIONS / CHARGEBACKS

In the event of a dispute, disputed transaction, or chargeback, the Customer may dispute the underlying transaction amount in accordance with applicable banking and payment gateway rules. However, the Processing Charges (5%–6%) are strictly non-refundable and shall in all cases be excluded from any refund, reversal, or return of funds to the Customer, as in all cases, those processing fees are non-refundable as per the agreement with the payment gateway.

16.3 LIABILITY

The Customer acknowledges and agrees that Agent shall not be liable for any delays, holds, reversals, or losses arising from the payment processor, the Customer’s bank, or card issuer. The Customer shall remain fully responsible for ensuring timely payment of the full Charter Price and any extras as well as any associated Processing Charges.

16.4 FINALITY OF PAYMENTS

All payments made through Agent’s designated payment gateway are deemed final, and inclusive of the processing fees.