Charter Terms

Clarity Aviation Charter Terms 

This Air Charter Brokerage Agreement (“Agreement”) is effective as of the day it is agreed to as provided below by and between Clarity Aviation, LLC, a California limited liability company with its primary place of business at 4792 Escalona Plz, Yorba Linda, CA, 92886  (hereinafter referred to as “Clarity Aviation”) and the person and entity who signifies their agreement as provided at the bottom of this agreement (hereinafter referred to as “Client”).

Client desires that Clarity Aviation acts as an agent for Client and arranges scheduled and charter services between Client and one or more licensed air carriers (hereinafter referred to as “Carrier”) under applicable regulations of the United States Federal Aviation Administration (“FAA”) and Department of Transportation (“DOT”). For charter flights, once a Client has confirmed a charter itinerary and price quote, Clarity Aviation shall be authorized, as Client’s agent, to enter into a charter contract with Carrier. Flights will be operated in accordance with United States Federal Aviation Regulation (“FAR(s)”) Part 135 and Carrier will have operational control of the aircraft at all times. This Agreement shall be binding and remain in full force for each charter flight arranged by Clarity Aviation until it is canceled in writing by either party. This Agreement shall be supplemented for each specific charter flight by a separate “Charter Quote”, which will include the flight details, pricing, and other applicable information.

Costs and Expenses

The Charter Quote for each specific trip shall set forth the charter price and any associated costs and expenses for each unique charter. Client shall be responsible for additional charges incurred by Clarity Aviation in the provision of the services described in this Agreement and Client may be billed separately for the same or such costs and expenses may be added to the Charter Quote pricing (if known at the time the Charter Quote is executed); such additional costs and expenses shall include, without limitation, catering costs, ground transportation costs, flight phone costs, de-icing costs, fuel surcharges, crew expenses, air space navigation fees, weather service fees, international fees and such other costs and expenses as are incidental to charter services. Client further agrees that it shall be responsible for all sales, use, VAT, stamp, FET, transfer, segment fees and other similar taxes, fees, duties and penalties that may be imposed by any federal, state, county, local, foreign or other governmental authority as a result of the flights and services provided in connection with this Agreement (“Taxes”). In the event government authorities increase these taxes and fees and charges, you may be required to pay any increased amounts not already collected. Client shall defend, indemnify and hold Clarity Aviation harmless against any such Taxes which are the obligation of Client hereunder. The obligations of the Client under this Section shall survive the termination of this Agreement.

Payment 

The payment for each charter flight shall be due no less than 7 days prior to departure. If wire transfer is elected for payment Clarity Aviation may require a credit card hold for the charter quote amount plus 4% in order to secure the reservation. Wire transfers are required to be received by Clarity Aviation not later than 7 (seven) days prior to departure. If wire transfer has not been received by 7 (seven) days prior to departure, Clarity Aviation reserves the right to execute the credit card hold. Credit cards may be accepted for payment of charges and such payments of charges and are subject to a 4% processing fee. Additional payment terms may be arranged and agreed upon by Clarity Aviation and Client which shall be listed in the Charter Quote for each specific flight.

Operation

Carrier and the captain of the aircraft are authorized to take all necessary measures to ensure safety. He/she/it shall have full authority and complete discretion as to whether there shall be any deviation from the specified route and where alternate and/or immediate landings shall be made. Such determinations shall be binding upon Client and all passengers. Clarity Aviation does not control operations of Carrier, which under applicable FARs are the sole responsibility of Carrier, and Clarity Aviation is not liable for the operation, action and undertakings of Carrier. Prior to departure Clarity Aviation will clearly communicate to its customer(s) who is in operational control of the flight(s) and any changes in operational control that it knows of.

Liability for Damages 

Client agrees that neither it nor its guests shall engage in any activities or allow any substances or articles aboard the aircraft that may result in or cause seizure or forfeiture of the aircraft or unsafe operation of the Aircraft.  Client shall be held liable for any and all damages to the aircraft and property of Carrier, whether by seizure, forfeiture, or other property damage, which was caused by Client or Client’s guests.

Refusal To Transport

Client understands that Clarity Aviation or Carrier may, in their sole discretion, refuse to transport or may remove from an aircraft at any point any passenger for one or several reasons, including but not limited to:

1. Failure by the passenger to comply with the rules of this Air Charter Brokerage Agreement.

2. Conduct of the passenger that in the judgment of Clarity Aviation or the carrier is or is known to be disorderly, abusive, threatening, or violent or otherwise inimical to the comfort of other passengers or to safety of the flight.

3. Appearance by the passenger that he/she is intoxicated or under the influence of drugs to a degree that refusal or removal may be necessary for the comfort and safety of the passenger, other passengers, or the flight crew.

4. The transportation cost of any Passenger refused passage or removed en-route under the provisions of this paragraph will be refunded in accordance with Paragraph 10 below. Such a refund shall be the sole recourse of any passenger refused passage or removed en-route. UNDER NO CIRCUMSTANCES WILL CLARITY AVIATION BE LIABLE TO ANY SUCH PASSENGER FOR ANY TYPE OF INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES.

Additional Costs 

Client agrees that the price quotation includes prices for certain flight related cost items including crew expenses. Notwithstanding any such estimate, Client is responsible for and agrees to pay the actual amount of all such flight-related cost items including, aircraft de-icing, hangar rental, facility after-hours charges, catering costs, flight phone, ground transportation, and other similar out-of-pocket expenses relating to the service provided. If a change in the original Charter Confirmation is requested by Client and agreed to by Clarity Aviation, or is necessitated by Client’s actions or is required for safety as determined by the Charter Operator, then the actual amount owed by Client may differ from the original quotation.

Hangar and De-Icing Charges 

If the Charter Operator determines, in its sole discretion, that it is prudent to use an aircraft hangar to avoid de-icing charges and/or inclement weather, Client will pay the actual cost of such hangar charge or rental. In the event the pilot-in-command of the aircraft determines that aircraft de-icing is appropriate before a flight, including a positioning flight to Client’s selected departure location, Client shall be responsible for the cost of such de-icing. In addition, all de-icing events shall be subject to a $500 exterior cleaning fee. If Client refuses to accept financial responsibility for all deicing charges and exterior cleaning fee, the flight(s) will be deemed canceled by Client and will be subject to a cancellation fee of 100%, which will be deducted from the Client Aviation Account by Clarity Aviation.

FBO Selection 

All fixed base operators (FBOs) will be selected by the Charter Operator and/or Clarity Aviation and listed on the Flight Itinerary. If Client requests a different FBO, additional charges may apply.

Catering and Ground Transportation

Client agrees that any catering and ground transportation requested by Client and arranged by Clarity Aviation shall be billed directly to the client post trip. Cancellations will be subject to a cancellation fee of 100%.

Baggage

Neither Clarity Aviation nor the Charter Operator is responsible for shipping excess or rejected baggage. If Client tenders baggage than cannot be properly stored in the aircraft’s designated baggage area or which exceeds the allowable weight for baggage, Clarity Aviation will take commercially reasonable steps to assist Client in shipping such items at Client’s sole expense. In the event Client rejects the scheduled aircraft because of baggage capacity, Client will be deemed to have canceled the flight(s) and will be subject to a cancellation fee of 100%.

Documentation and Security

All passenger information, including full legal names and birth dates, must be provided to Clarity Aviation at least 24 hours before departure for domestic flights and 72 hours before departure for international flights. A valid government-issued ID is required for any passenger over 18 years of age. In the event any Client-supplied security information or travel documentation is in error or invalid, Client is solely responsible for any governmental fines or penalties. Client acknowledges and agrees that any discrepancy in passenger information or documentation may cause departure delays or flight cancellations which are the sole responsibility of Client. If any passenger under the age of 18 is traveling with only one parent or legal guardian, the other parent or legal guardian must submit to Clarity Aviation, at least 72 hours before departure, a notarized statement authorizing the travel and releasing Clarity Aviation and air carrier from any liability. Failure of Client to provide passenger information as required or any failure of a passenger to present to the crew a valid government-issued ID or any required travel shall be considered a flight(s) cancellation by Client and be subject to a 100% cancellation fee.

Pets

Pets will not be allowed on charter flights unless requested in advance by Client and approved in writing by Clarity Aviation. If transportation of a pet is approved, Client agrees to be liable for any cleaning costs incurred or aircraft damage caused by the pet. If Client arrives at the airport with a pet and has not previously requested and obtained prior approval of pet transportation, the flight may be canceled and subject Client to a 100% cancellation fee.

Weapons

Clarity Aviation must be notified at time of booking if weapons are to be carried on a charter flight. For domestic flights and flights to Canada, certain firearms are permitted onboard as long as they are transported in accordance with applicable regulations of the United States Transportation Security Administration (TSA) and/or Transport Canada (TC). Failure to provide Clarity Aviation with the required advance notice of the carriage of weapons may result in a flight cancellation and subject Client to a cancellation fee of 100%. Carriage of undeclared weapons may result in fines or penalties levied by TSA and/or TC. Client agrees to indemnify and hold harmless Clarity Aviation and any Charter Operator for such fines or penalties.

Hazardous Materials

The air carriers used by Clarity Aviation generally are not approved to transport dangerous good or hazardous materials (e.g., explosives, munitions, flammable articles, illegal drugs), with the exception of certain allowed items. A list of such allowed items is available from Clarity Aviation upon request. No baggage or goods will be carried when, in the judgment of the pilot-in command, such goods or baggage (a) might endanger the aircraft, persons or property; (b) might be likely to be damaged by air carriage; (c) are unsuitably packaged for transport; (d) are improperly or inadequately labeled; or (e) the carriage of such goods or baggage might violate the regulations of any country, state, or region flown into, out of or over. Failure to notify Clarity Aviation of any proposed transportation of hazardous materials may result in flight cancellation and subject Client to a 100% cancellation fee.

Limitation of Liability

1. Clarity Aviation shall not be held liable for loss, injury, damage, delay or cancellation caused by or resulting from any act of God, economic or political sanctions, quarantine, failure or refusal on the part of any governmental agency to grant or issue approvals, clearance, permits or operating authority, rights or civil commotion, military emergency, war or war hazards, fuel shortages, weather conditions, mechanical breakdown, strikes or labor problems, or occurrences of similar or dissimilar nature which through no fault of Clarity Aviation shall prevent, delay or interrupt the furnishing or operation or performance of such transportation. In the event of any such occurrence, Clarity Aviation will use commercially reasonable efforts to provide other aircraft to meet Client’s flight needs. Clarity Aviation shall not be responsible or liable for the transportation of passengers who fail to report at the specified Fixed Based Operator (FBO) or other place, at the departure time of the flight, or who are, through no fault of Clarity Aviation, not aboard at the time of departure.

2. If one or more members of one group fail to so report or board, Carrier may depart as scheduled and Carrier and/or Clarity Aviation shall in no way be responsible for or to Client or such individual for any damages and Clarity Aviation shall be deemed to have completed its contractual obligation to Client.

3. Clarity Aviation SHALL NOT BE LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY (A) CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR RELIANCE DAMAGES; (B) AMOUNTS IN EXCESS OF THE PRICE PAID FOR A PARTICULAR FLIGHT; OR (C) MATTER BEYOND ITS REASONABLE CONTROL.

4. Clarity Aviation shall not have, nor assume any responsibility or liability to Client for activities performed by Carrier. Carrier shall be solely responsible for all claims arising out of any and all occurrences, accidents or incidents that occur on or in connection with the aircraft operated by Carrier, including, without limitation, all personal injuries, property damage or death. Clarity Aviation is not responsible for any wrongful, or negligent act or omission by Carrier or its personnel and is not responsible for any personal injury, property damage, accident, delay, inconvenience, or change in itinerary that may occur. These limitations shall apply notwithstanding the failure of the essential purpose of any limited remedy. Client agrees that Client shall indemnify, defend, and hold harmless Clarity Aviation and Clarity Aviation’s officers, directors, agents and employees, and each of them (collectively the “Indemnitee(s)”) from and against all claims, suits, actions, judgments, fines, penalties, damages, losses and liabilities, including, but not limited to third party claims and reasonable attorneys’ fees, costs of litigation, and other expenses relating thereto, including the cost of establishing the right of indemnification under this Agreement, which arise out of or are in connection with activities associated with this Agreement, which are made, asserted, assessed, or accrued against any Indemnitee by reason of injury or death to any person or the loss or damage to any real or personal property. The foregoing indemnities shall not apply to the extent of any gross negligence or willful misconduct of any Indemnitee.

Exclusions or Omissions

CLARITY AVIATION WILL BE INDEMNIFIED AND HELD HARMLESS BY CLIENT FOR ANY MISREPRESENTATIONS PRESENTED BY THE CARRIER, ON CLARITY AVIATION’S WEBSITE OR OTHERWISE. ANY EXCLUSIONS OR OMISSIONS EITHER EXPRESS OR IMPLIED ARE NOT THE RESPONSIBILITY OF CLARITY AVIATION.

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 FAA, the Transportation Security Administration, DOT, and Internal Revenue Service which now or hereafter may be imposed or required.

Identification 

Client is responsible for understanding, and for informing all other passengers for whom Client may have arranged transportation, that prior to boarding the aircraft they must show at least one form of valid state/government issued photo identification to Carrier for domestic flights. Client and such other passengers must show the carrier a valid passport for any international flights (including Canada and Mexico) and visas when required. Clarity Aviation is not liable for Carrier’s reasonable refusal to allow any passengers to board the aircraft who fails to provide appropriate identification.

Force Majeure

Clarity Aviation 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, acts of nature, acts of civil or military authority, strike or labor dispute, lack of essential supplies, or for any cause beyond the direct control of Clarity Aviation or the Charter Operator.

Cancellation

In the event that Client cancels any agreed upon flight in connection with this Agreement, Client and Clarity Aviation agree that the cancellation amount stated within the Charter Quote shall be retained by Clarity Aviation. All flight cancellations will be subject to Carrier's flight cancellation policies and Client will be responsible for any cancellation or missed flight costs and expenses, including any fees associated therewith.

1. One-way bookings are all NON-REFUNDABLE from the time of booking.

2. Client understands and acknowledges that the cancellation of any ROUND TRIP domestic reservation or portion thereof 96 hours before the departure date and time will result in a 25% cancellation fee of the quoted price. Cancellation of any Reservation or portion thereafter 96 hours before the departure date and time will become subject to 100% cancellation charge.

3. International Flight Cancellation: International flights, including multi-leg, and round trips flights are subject to 100% cancellation charge upon booking.

4. “No show Policy”: Client acknowledges that a “no show” will be considered a cancellation and the client will be charged 100% of the cost of the trip. Other types of cancellation charges may include, but are not limited to: costs incurred as a result of partial completion of itinerary, including but not limited to return of aircraft to its base, plus the greater of: (i) costs incurred for specifically positioning and repositioning an aircraft and flight crew in preparation for the canceled trip, (ii) flight charges equivalent to two hours of operation for each day of the canceled itinerary, or (iii) any fees incurred by Clarity Aviation as a result of the client’s cancellation. Clarity Aviation reserves the right to change the terms of its cancellation policy at any time. Any cancellation of any confirmed Charter Itinerary or portion thereof may be subject to the terms and conditions of the specific air carrier selected. 

5. Peak Travel Day Cancellation: All travel that includes departure or arrival dates on peak travel days are subject to a 100% cancellation charge. Peak travel days are defined as all US Federal Holidays including seven days before and after said holiday.

6. Clarity Aviation assumes no responsibility for the disposition or cancellation of any reservation, either by Client or air carrier. If there is a mechanical difficulty or if the contracted aircraft is no longer available, Clarity Aviation shall use its best efforts to provide a substitute aircraft within the same category and reserves the right to do so without additional authorization. If additional payment is required for substitute aircraft, payment shall be made in accordance with the “payment” section of this agreement.

Lack of Representations and Warranties

Neither Clarity Aviation nor any of its of officers, directors, employees, agents, representatives and affiliates makes any representations or warranties of any kind, either expressed or implied, as to or regarding (i) any air carrier or other third party providing services arranged by Clarity Aviation pursuant to this Agreement or (ii) any aircraft used or operated by any such air carrier. Each of Clarity Aviation and its of officers, directors, employees, agents, representatives and affiliates hereby disclaims all other representations and warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose or arising out of course of dealing, course of performance or usage in trade.

Insurance

Clarity Aviation does not own or operate any Aircraft on which the Flight Services are performed and does not carry any aviation insurance. Passenger understands and agrees that it is the sole responsibility of the Air Carrier to maintain aviation liability insurance coverage.

Termination of Agreement

Clarity Aviation and Client agree that either party may terminate this Agreement at any time with written notice. Client is obligated to pay all amounts due to Clarity Aviation for services provided before this Agreement shall be terminated.

Binding Effect/Miscellaneous

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and permitted assigns, but neither this Agreement nor any duty or right hereunder (except the right to receive moneys which are due hereunder) shall be voluntarily assigned by any party without the written consent of the other party, which consent shall not be unreasonably withheld. If any provision of this Agreement is invalid, void or unenforceable, the remainder of this Agreement shall remain in full force.

All communications, directions, approvals, instructions, requests and notices required or permitted by this Agreement shall be in writing and shall be deemed to have been duly given or made when delivered personally or transmitted electronically by e-mail or facsimile, receipt acknowledged, in each case in accordance with the contact information exchanged between Clarity Aviation and Client. In the event it becomes necessary to enforce the terms of this Agreement by litigation or otherwise, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and court costs, including any such fees or costs arising from subsequent appeals and efforts to execute on any judgment.

Disclosures

CLARITY AVIATION ACTS AS AN AGENT OF ITS CLIENTS AND SERVES ON THEIR BEHALF TO ARRANGE SCHEDULED AND CHARTER FLIGHTS. CLARITY AVIATION DOES NOT OWN OR OPERATE AIRCRAFT AND IS NOT A DIRECT OR INDIRECT AIR CARRIER. ALL SCHEDULED AND CHARTER FLIGHT ARRANGED BY CLARITY AVIATION ARE OPERATED BY THIRD PARTY FAA CERTIFIED PART 135 AIR CARRIERS. THE PART 135 CARRIER(S) OPERATING THE FLIGHTS UNDER THIS AGREEMENT EXERCISES FULL OPERATIONAL CONTROL OF THE AIRCRAFT AT ALL TIMES. CARRIERS PROVIDING SERVICE UNDER THIS AGREEMENT MEET DOT AND FAA REQUIREMENTS FOR COMMERCIAL AIR TRANSPORTATION OF RETAIL PASSENGERS.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law principles. Each party hereby consents to the non exclusive jurisdiction and venue of the state and federal courts serving Orange County, California.