The following Charter Broker Agreement Is Required by law by the Department of Transportation of the United States of America
CHARTER BROKER AGREEMENT
This
Charter Broker Agreement is made this 1st Day of ________________ by
and between New York Aviation Corporation, hereinafter called “NYA”,
and _____________________ Hereinafter called Charter Customer.
1. Charter Customer engages NYA on its behalf to solicit bids to
provide air transportation to Charter Customer and to sign contracts
for air transportation on charter customer behalf. Charter Customer
agrees to remit to NYA all monies payable under Article 2 hereof, with
NYA to remit payment on behalf of Charter Customer to the provider of
the air transportation.
2. Charter Customer agrees to pay for the Flight services provided
no later than Fourteen Days (14) prior to Flight Departure date in
accordance with the Quote and/or Invoice set forth in the accompanying
schedule designated as “Invoice”. Charter Customer also agrees to pay
for over flight permits, international fees, additional landing fee
charges, de-icing, catering costs, flight phone charges, aircraft
interior cleaning if necessary, custom fees, crew overnights, aircraft
parking, standby expenses and similar out-of-pocket expenses relating
to these services . Any such additional charges will be payable upon
receipt of invoice following the flight unless these charges are known
prior to the flight then they are payable no later then Fourteen (14)
days prior to the flight to NYA.
To
help keep fuel surcharges at the lowest rates possible, NYA reserves
the right to select which FBO's are used at the airports on this
itinerary. At the client's request, NYA is pleased to service
alternate FBO's. Please note that additional fuel surcharge fees will
apply based on the actual costs of the fuel purchased when the cost
per gallon exceeds $3.00 USD/gallon. This will be reflected on the
final invoice after completion of the trip.
Prior
notice and approval required for the carriage of pets on all NYA
chartered aircraft. Interior cleaning fees will be invoiced at the
conclusion of the trip. NYA retains the right to cancel any flight on
which no notice for pet carriage is given. If the aircraft requires
any special cleaning, fumigation and/or repairs due to negligence or
excessive wear and tear, you will be responsible for a fee of at least
$1,000.00 or actual costs whichever is higher.
FAA
regulations require that crew duty time cannot exceed fourteen
(14)
hours per day. If unexpected delays occur due to Passengers, weather,
or any other unforeseen circumstances, customer is responsible for
paying additional crew and aircraft charges.
Any
additional taxes and other flight charges* will be billed at the
conclusion of the flight. Federal
Excise
taxes (FET) and segment fees (SEG) as included in this quote are for
quoting purposes only. Actual fees and taxes will be assessed upon
trip completion and included on the final invoice. * One way flights
are quoted based on the operator being able to sell the return leg
flight back to their base of operation.
Availability of the aircraft cannot be assured until after the
receipt of your acceptance of NYA’s quote. At such time we will verify
the aircraft's availability and will provide you with a confirmation
of the booking.
Advance Expenditures:
In
some instances, NYA must make advance purchases of services (i.e. crew
airline tickets and hotel accommodations, International Handling Fees)
in order to meet the requirements of the desired itinerary. If such
expenditures are required, NYA will advise the charter client after
confirmation of the booking. The charter client will be responsible
for advancing to NYA those non-refundable funds necessary for such
advance expenditures in a timely manner so as to insure that the
desired itinerary can be completed at the cost quoted. Failure to
provide these funds promptly may result in a higher than quoted price
for the trip or inability to perform the trip. If such funds are not
provided in a timely manner, NYA, after advising the client in
writing, may at its sole discretion, cancel the booking.
Non-refundable Funds:
All
funds provided to NYA for such expenditures as described above in
Advance Expenditures, are non-refundable. In the event of a booking
cancellation, NYA shall retain all such funds and any applicable
Cancellation Penalty.
3. When Charter Customer makes a GUARANTEED RESERVATION.
(a)
A GUARANTEED RESERVATION will be provided upon the request of the
Charter Customer, NYA shall decline all other requests to reserve the
same aircraft for the same period of time. Charter Customer agrees
that in the event Charter Customer cancels any trip or part thereof,
Later than Ten (14) days prior to any stage length of said trip,
Charter Customer shall pay immediately upon receipt of NYA’s invoice,
(1) any amounts which may be due by reason of partial completion of
original itinerary including the return of the aircraft to its base,
and/or any Penalties invoiced by the operator of said charter to the
broker regardless of the date of cancellation (2), any amount equal to
the rate specified in paragraph 2 multiplied by the lesser of (A)
Three flight hours, or (B) the number of transport hours scheduled for
the canceled portion of the trip as invoiced by operator of said trip
as a cancellation penalty.
4. NYA
shall not be responsible for any delay or cancellation caused in whole
or in part by any law, rule or regulation of any government or agency
thereof, acts of God, strike, damage to or loss of aircraft,
unavailability of aircraft, mechanical failures, lack of essential
parts or supplies, or any cause beyond the control of NYA whether or
dissimilar from causes enumerated, or any failure on the part of NYA
to make a Tentative or Guaranteed Reservation, and in no event shall
NYA be liable for any consequential or incidental loss or damages.
5. This agreement is subject to the rules, regulations, approvals
and certifications of the Federal Aviation Administration (FAA) and
the Department of Transportation (DOT)
Transportation Security Administration
(TSA) which now or
hereafter may be imposed or required. This agreement shall be governed
by the laws of the State of
New
York, without regard to any choice of law principles of the State of
New York.
6.
This Charter Broker Agreement is in effect as of the date when signed
below by both parties.
CHARTER CUSTOMER: New York Aviation Corporation:
BY:
_________________________ BY: ______________________
Print
Name: __________________ Print Name: ______________
Title:
________________________ Title: _____________________
Date:
______________________ Date:
_____________________
