Close the Terms and Conditions
ACCEPTANCE OF TERMS AND CONDITIONS
1. AIR CHARTER: Tailgate Air, referred to as (“Tailgate Air”), hereby serves as an agent for the Individual in arranging the chartered air transportation described herein. All flights are operated by FAA certified Air Carriers who maintain full operational control of all charter flights at all times. If requested by the Individual, Wyvern or Argus or equivalent Air Carriers may be provided. Air transportation hereunder shall be subject to applicable operating rules and regulations of the Air Carrier, the regulations of aviation authorities, and the laws, regulations or authority of any government of any country to which or over which the Air Carrier will operate. The Individual shall observe all such rules and regulations and obey all reasonable instructions of the Air Carrier’s agents and employees. The Air Carrier shall perform all services described herein in good faith, and to the extent possible, in accordance with the reasonable instructions of the Individual, or his agent, which are consistent with this Agreement and applicable rules and regulations.
2. EXECUTION BY AND COMMUNICATION WITH AGENTS: If this Agreement is executed by an agent (Agent) for and on behalf of the Individual, Agent represents and warrants to Tailgate Air that it is duly authorized to execute and deliver this Agreement for and on behalf of the Individual and it is duly authorized to deliver and receive for and on behalf of the Individual any and all communications and notices between Tailgate Air and the Individual concerning the subject matter of this Agreement. Agent agrees to indemnify and hold the Individual harmless from and against any loss, cost or expense (including reasonable attorney’s fees) paid or incurred by Tailgate Air arising from or relating to any act or omission of Tailgate Air relating to the subject matter of this Agreement done or omitted at the request of the Agent. Further, in addition to any other remedy which may be available to Tailgate Air, if any representation by Agent shall be deemed to be inaccurate, Agent (and any person signing on behalf of Agent) shall be responsible for the fulfillment of all of the Individual’s obligations hereunder. The Individual shall have the sole responsibility and duty to inform all passengers of Tailgate Air and the Air Carrier’s limited obligations to passengers under this Agreement and the Individual agrees to indemnify and hold Tailgate Air and the Air Carrier harmless for any damages resulting from the Individual’s failure to do so.
3. OPERATION: (A) Tailgate Air agrees to make available to the Individual and the Individual agrees to purchase a ticket for a charter flight, or flights, contracted under Tailgate Air’s arrangement (hereinafter collectively called the “flights”). (B) All flights are subject to the terms and conditions of this Agreement. (C) Departure times shall be established by Tailgate Air and the Air Carrier, who will make every effort to meet the Individual’s requested times and shall be subject to reasonable adjustments from time to time by the Air Carrier, due to aircraft routing, airport gate space, weather conditions, availability of security screening equipment, facilities, personnel and other operational factors. Each party shall use its best efforts to cause on time departures. Any deployment time requirements are also subject to change due to aircraft and crew availability. Tailgate Air and the Air Carrier shall not be responsible for non or late arrival of passengers or baggage and in no event will Tailgate Air and Air Carrier be liable to the Individual for the transportation of any passengers or baggage not at the specified check-in location prior to the scheduled departure of flights. Any request for a change, made by the Individual, in departure time(s) or date(s) or routing(s), or aircraft type(s) is subject to the approval of Tailgate Air and the Air Carrier. Individual acknowledges that they will be responsible for any additional costs associated with the Individual’s requested changes. (D) Tailgate Air and the Air Carrier reserve the right to substitute similar aircraft, as reasonably required, for all flights, and do not guarantee nonstop or single-plane service. (E) This Agreement is subject to Tailgate Air and the Air Carrier’s timely receipt of necessary consents, approvals and landing rights required to operate the flights and any rules, resolutions or regulations of the International Air Transportation Association applicable to the flights. (F) This Agreement shall also be subject to the rules relating to liability established by the Convention signed at Warsaw, Poland, October 12, 1929, as amended and replaced by the Montreal Convention, dated November 4, 2003, as applicable, unless the flights provided for herein is not an “International flight” as defined by such Conventions.
4. PAYMENT: (A) The Individual agrees to pay the Total Cost to Tailgate Air in full for the package as indicated on purchasing Agreement or as indicated on the Website checkout page. (B) The Individual agrees to a 3% surcharge/fee of the total cost of the purchases made by a credit card. (C) The Individual agrees that in the event the Individual fails within ten (10) days after written demand received from Tailgate Air, to make any payment required pursuant to the terms of this Agreement, including without limitation, any payment applicable to any cancellation charges or the Total Cost, Tailgate Air shall have the right thereafter, without further notice, to apply the deposit to any and all unpaid obligations of the Individual under this Agreement. If the Individual fails to make timely payment of any obligation, hereunder when due, such failure shall entitle Tailgate Air to terminate this Agreement pursuant to Paragraph 16 herein, notwithstanding Tailgate Air’s application of the proceeds of the deposit to the Individual’s unpaid obligations hereunder. (D) Tailgate Air shall advise the Individual of any additional charges levied against Tailgate Air and the Air Carrier on behalf of the Individual. Such charges shall be paid by the Individual upon receipt of such notice.
5. COMPLIANCE WITH FAA REGULATIONS: (A) The Individual agrees to cause its agents, officers and employees to comply with the Regulations as determined by the Federal Aviation Administration (FAA) and Department of Transportation (DOT). B) The Individual hereby agrees to notify Tailgate Air and the Air Carrier immediately if any passengers fail to comply with the FAA Regulations. (C) In the event that the Individual or any passengers on any flights has failed to observe such regulations, then Tailgate Air or the Air Carrier shall have the right, at its option, to either cancel the flights upon such failure by the Individual or to refuse to board any of the passengers of such flights upon such failure by such passengers without liability or penalty of any kind. (D) In addition, the Air Carrier may remove or refuse to transport any passenger if such refusal or removal is necessary for the reasonable safety and comfort of the passengers or if the refusal or removal is the result of such passengers creating an unusual hazard or risk to himself or other persons or to the property of the Air Carrier. (E) In the event of such refusal or removal, neither Tailgate Air nor the Air Carrier shall be required to refund any charges paid by the Individual.
6. PASSENGER CONDUCT: (A) The Individual shall comply with all applicable laws regarding passenger conduct including DOT rules and regulations including, but not limited to, 14 CFR Sections 91.11, 121.317, and 121.575. The Individual shall advise passengers of their obligations to comply with these instructions and applicable laws. (B) Tailgate Air and the Air Carrier may, at its sole discretion, advise law enforcement authorities of the conduct of passengers in violation of applicable laws or conduct which could compromise the safety of the flights. (C) Tailgate Air and the Air Carrier may terminate or stop the flights prior to reaching the final destination and refuse further flights to any passengers who do not comply with Air Carrier’s instructions and applicable laws. (D) The Individual will be responsible for any additional costs incurred due to unplanned operations as a result of passenger’s misconduct. (E) The Individual shall be responsible for all damages by passengers to the property of the Air Carrier except reasonable wear and tear.
7. SECURITY: The Individual agrees to cooperate with Tailgate Air and the Air Carrier in fulfilling any requirements imposed by the Transportation Security Administration (TSA) or any other governing body as it pertains to security in connection with the flights.
8. DOMESTIC AND INTERNATIONAL FLIGHTS: (A) The Individual shall provide Tailgate Air and the Air Carrier accurate information of themselves to be carried on each flight, no later than 12 hours prior to departure. Inaccurate information received later than 12 hours prior to departure may result in untimely filing of manifests with the appropriate government agencies and cause corresponding fines, delays and/or additional costs. All such fines or costs are the responsibility of the Individual. (B) The Individual desiring transportation across any international boundary shall be responsible for obtaining all necessary travel documents and for complying with the laws of each country from, through, or to which it desires transportation and, unless applicable laws provide otherwise, shall indemnify Tailgate Air and the Air Carrier for any loss, damage or expense suffered or incurred by the Air Carrier by reason of such the Individual’s failure to do so. Tailgate Air and the Air Carrier shall not be liable for any aid or information given by its agents, servants, or employees to the Individual in connection with obtaining such documents or complying with such laws, whether given verbally, in writing, or otherwise, or for the consequence to the Individual resulting from his failure to obtain such documents or to comply with such laws. Customs, immigration and other government inspection fees and charges, charter permit fees, transportation taxes, and airport service fees for the individual such as head taxes, passenger facility charges, and embarkation charges may in some cases not be included in the Total Cost. In such cases, they must be paid by the Individual. These charges and fees may be paid on behalf of the Individual by Tailgate Air and the Air Carrier at their convenience and shall be reimbursed by the Individual or may be included on an Invoice as a separate item.
9. BAGGAGE: (A) The Air Carrier shall issue and deliver the individual for each item of baggage accepted by the Air Carrier for such passengers at check-in for transportation on the flights its standard applicable form of baggage check. (B) The Air Carrier will accept for transportation as baggage such personal property as is necessary or appropriate for the wear, use, or convenience of the passengers for the purposes of the trip, subject to the following conditions: (1) The Air Carrier may refuse to accept baggage for transportation on any flights other than the one on which the passengers are to be transported; (2) The Air Carrier may refuse to transport or may remove at any point baggage which the passengers refuse to allow the Air Carrier upon request to examine; and (3) Checked baggage is limited to the allotted weight on the aircraft selected for flights. (4) If baggage exceeds allotted weight, any additional charges will be the responsibility of the Individual. (5) Acceptability of carry-on baggage for storage in the cabin is dependent on the weight and size of the item and the available space on the aircraft. Carry-on baggage that cannot be stored under the seat will be taken and stored at passenger’s risk. (C) The Air Carrier will refuse to accept the following articles for transportation unless advance written arrangements have been made: (1) Assembled firearms or ammunition, except that the Air Carrier will accept for transportation sporting firearms when not loaded and when in a suitable case with a small quantity of small arms ammunition for personal use when packed in the original package of the manufacturer without advance arrangements being made; (2) Any other articles which cause annoyance to passengers or which cannot be carried in the baggage or cargo compartments of the aircraft; (3) Any liquids as baggage or any other articles not suitable, or not suitably packed, for transportation in the aircraft; (4) Perishable or fragile items (including electronic, musical, ornamental, artistic, photographic, recreational, sporting and mechanical items; items made of or bottled in glass or items made of paper) will be accepted only upon prior written approval of the Air Carrier and if they are appropriately packaged in an original carton, cardboard mailing tube, or container or case designed for shipping such items or packed with protective internal material. However, fragile items may be accepted without the appropriate packaging upon the execution of a release. The Air Carrier will supply a release which relieves the Air Carrier of liability for damage or destruction of checked baggage of the type identified above, which results solely from the unsuitability of such items as checked baggage and/or the inadequacy of their packaging, and not from the Air Carrier’s failure to exercise the ordinary standard care. (D) Services contracted for by the Individual which eliminates destination-airport baggage claim and return flight baggage check-in, shall be the responsibility of the Individual and such contracts negate any liability the Air Carrier would otherwise accept in consideration of baggage claim with the exception of gross negligence on behalf of the Air Carrier or its contracted service companies.
10. BAGGAGE LIABILITY: (A) When the Air Carrier has exercised the ordinary standard of care it shall not be liable for delay in delivery of any perishables, nor for damage to or damage caused by, fragile articles, liquids or perishables which are unsuitably packed and which are included in passenger’s checked baggage with or without the Air Carrier’s knowledge. The Air Carrier shall not be liable for damage or destruction of a passenger’s checked baggage and property if passengers sign Air Carrier release form at time of check-in. Execution of such release relieves Tailgate Air and Air Carrier of liability. (B) Liability for loss of, damage to, or delay in the delivery of a passenger’s baggage or other property, whether checked or otherwise delivered into the custody of the Air Carrier, shall not exceed the actual value of the property up to a maximum liability of $1,250.00 for each passenger. If the weight of a passenger’s checked baggage or property is not endorsed on the baggage check, it shall be conclusively presumed that the weight of all such baggage is the maximum weight accepted by the Air Carrier. In the case of unchecked baggage or personal property, the limitation of liability will be $400.00 or the actual value, whichever is less, for each passenger. (C) The Air Carrier assumes no liability for valuables including, but not limited to, money, jewelry, cameras and other valuables. The Air Carrier also assumes no liability for any consequential damages resulting from any loss of, damage to, or delay in any checked property beyond the limit stated above. The foregoing limitation shall also apply to baggage or personal property accepted by the Air Carrier for temporary storage at a city or airport ticket office or elsewhere prior to the commencement or subsequent to the completion of the passenger’s transportation.
11. TIME LIMITATIONS: All incidents of baggage mishandling (missing or damaged) must be reported to an Air Carrier representative immediately. (A) On Domestic travel, no action shall be maintained for damaged baggage unless a written report is filed with Tailgate Air and the Air Carrier within five (5) days from the receipt of the baggage by the passengers. In the case of a delay in baggage delivery, the complaint must be made within ten (10) days from the date on which the baggage has been placed in the passenger’s possession. In the case of lost baggage, the complaint must be made within fifteen (15) days from the date of travel. (B) On International travel, no action shall be maintained for damaged baggage unless the written report is filed with Tailgate Air and the Air Carrier within seven (7) days from the receipt of the baggage by the passengers. In the case of a delay in baggage delivery, the complaint must be made within fifteen (15) days from the date on which the baggage has been placed in the passenger’s possession. In the case of lost baggage, the complaint must be made within fifteen (15) days from the date of travel.
12. PAYLOAD: (A) Payload will be stated in pounds. This figure is an estimate of the total weight of all passengers, baggage and other cargo that is allowed on the aircraft selected for use. (B) The maximum payload is a fair estimate based on anticipated weather conditions and runway conditions. The maximum payload can vary based on actual weather and runway conditions at the time of departure, along with other operational issues. (C) Neither Tailgate Air nor the Air Carrier will be responsible for transporting passengers, baggage or cargo that exceeds the maximum payload as determined by the Air Carrier. (D) The Individual must provide a detailed description of passenger’s weights along with all baggage and cargo weights and dimensions for approval from Tailgate Air and Air Carrier at least twelve (12) hours prior to departure.
13. CANCELLATION CHARGES: (A) Cancellation charges for any cancelled flights shall be dictated by the cancellation charges found on the first page of this Agreement. In addition to any damages, Tailgate Air and the Air Carrier shall be entitled to recover any special out of pocket expenses actually incurred specifically, directly and solely in connection with the cancelled flights. (B) Cancellation charges set forth on the front page of this Agreement shall immediately become due and payable at the time of such cancellation. (C) If no cancellation charges are set forth on the first page or otherwise in this Agreement, then a 100% non-refundable cancellation charge will apply for any cancellation.
14. CANCELLATION BY TAILGATE AIR AND THE AIR CARRIER: Tailgate Air and the Air Carrier shall have the right to cancel any one or more of the flights in the event of the following: (A) The Individual shall fail to make any payment required by this Agreement. (B) The Individual and/or its agents, officers or employees shall fail to comply with any of the terms and conditions of this Agreement or the DOT/FAA Charter Regulations. (C) The Individual makes any material misrepresentations on any of the information supplied by the Individual to Tailgate Air or the Air Carrier. (D) Operational costs due to unexpected increases in insurance coverage at commercially available rates or from civil / political unrest. (E) All Part 135 and Part 121 operators reserve the right to use their aircraft at anytime, with or without notice. Tailgate Air and Air Carrier will make every effort to provide substitute or similar aircraft. If the substitute aircraft at the additional cost is not acceptable to the Individual, Tailgate Air will, except for services performed, refund the Individual their money with no additional obligation to provide substitute aircraft.
15. FUEL-RELATED CANCELLATION: The Air Carrier may cancel any flights before its scheduled date of departure if sufficient fuel is not available to operate the Air Carrier’s flights. In the event that any flights are cancelled, Tailgate Air and the Air Carrier shall promptly refund to the Individual’s depository bank or, if there is no such bank, directly to the Individual, all payments applicable to such flights made to Tailgate Air and the Air Carrier, but shall not otherwise be liable to the Individual or any passengers for any damage, loss, cost or expense arising out of or in connection with such cancellation and the Individual’s acceptance of such refund shall constitute a release on behalf of the Individual and all passengers of any claim against Tailgate Air and the Air Carrier, its officers, directors, employees, or agents arising out of or in connection with such cancellation, whether or not such cancellation is due to any negligence of Tailgate Air and the Air Carrier either of commission or omission.
16. LIABILITY OF SERVICE TO PASSENGER: (A) The Individual acknowledges that in the case of a public charter, it shall be solely responsible to passengers for furnishing all services set forth in the prospectuses and any solicitation material distribution in connection with the charter flights. (B) The Air Carrier or Tailgate Air, with or without notice to the Individual, may delay or cancel any flights or revise the routing of the flights from the routing designated in the Agreement, without liability for penalties or damages, whenever such action is necessary to comply with any governmental request for emergency transportation in connection with national defense, or whenever such action is necessary or would jeopardize the safety of passengers because of an Act of God, seizure under legal process, sanctions, quarantine restrictions, fire, smog, fog, flood, weather conditions, mechanical difficulties, riots or civil or political unrest, strikes or labor disputes causing cessation, slow down or interruption of work (whether resulting from disputes between the Air Carrier and its employees or between other parties), war or hazards or dangers incident to a state of war, any act of government, regulations, orders and any other acts or matters, whether or not of a similar nature, beyond the control of the Air Carrier. Whenever the Air Carrier cancels the flights at a point other than the destination designated in the Agreement for any of the reasons specified herein, Tailgate Air and the Air Carrier shall refund all sums received by it on account of the Total Cost, except that portion attributable to transportation performed and such transportation as may be necessary to return passengers to their origination airport. The Air Carrier will assume expenses for all passengers incurred as a result of improper cancellation, delay or interruption of the Air Carrier’s flight only to the extent required under the DOT Regulations. (C) Except as provided herein, the Air Carrier shall be fully responsible for providing the services required herein and the Air Carrier shall further be responsible for servicing its aircraft according to generally accepted industry standards so as to maintain its aircraft in a condition designed to minimize mechanical difficulties. (D) Tailgate Air will ensure that the Air Carrier holds passenger liability insurance as required by the FAA and DOT regulations and the Individual will be added as additional insured. (E) Passengers desiring valuation coverage in excess of the Air Carrier’s liability limit should refer to private insurance companies. (F) If Individual requires Wyvern or Argus or equivalent Air Carriers, Individual is responsible for requesting confirmation of such. (G) The Individual shall indemnify and hold harmless Tailgate Air and the Air Carrier from all liability, damage, expense or loss caused by or arising out of any act or omission of the Individual which is a breach of the provisions of this Agreement or is a breach or violation of applicable rules or regulations approved or issued by any government agency.
17. All legal proceedings involving this Agreement, will be conducted in the courts located in the State of Texas, and in the event of the breach of this Agreement, the non-breaching party shall be entitled to receive reasonable attorney fees and costs from the breaching party.
18. This Agreement supersedes all prior, verbal and written, communications and Agreements of the parties applicable to the flights and any other services provided for herein and may only be amended by an instrument in writing signed by authorized representatives of the parties hereto.
Close the Terms and Conditions
