For Business or Pleasure

TERMS AND CONDITIONS PAYMENT: 

The terms and conditions relating to booking, operation of, and payment for a charter flight through Air Zulu LLC, ("Air Zulu ") on behalf of its client ("Client") are set forth below. Air Zulu and Client are sometimes referred to in these terms and conditions together as the "Parties" and each is a "Party."

OPEN CHARTER. These terms and conditions shall apply to all charter flights arranged by Air Zulu for Client and shall remain in full force and effect until terminated in writing by either Party in accordance with these terms and conditions. These terms and conditions do not constitute a commitment on the part of either Party for any specific charter flight unless and until a confirmation of a quote for a charter flight (a "Confirmation") is delivered to Client by Air Zulu and accepted by Client, at which time the Parties will be bound by and subject to these terms and conditions and any special provisions set forth in the Confirmation. Client is appointing Air Zulu as its agent to arrange for transportation provided by Air Zulu -approved entity that provides or offers to provide air transportation and who has control over the operational functions performed in providing that air transportation, in accordance with Federal Aviation Administration (“FAA”) and Department of Transportation (“DOT”) laws, rules and regulations (a "Direct Air Carrier").

COSTS. Pricing and Incidental Fees. Flight charges will be computed and invoiced based on the estimated amounts quoted by Air Zulu for specific flights. Flight charges and costs vary for specific aircraft types and may differ from the quoted estimate up until the time of Confirmation. Additional expenses, as incurred, such as additional flight time, fuel surcharges, catering, ground transportation, flight phone/WiFi, hangar, de-icing, international fees, crew overnights, flight attendant, etc., will be the responsibility of Client and may be added to the invoice or billed separately. Charterer shall defend, indemnify and hold Air Zulu harmless against any claims resulting from or related to such additional charges. Charterer has provided credit card information to Air Zulu to retain on file. If additional costs or charges are not paid within three business days of Charterer’s receipt of invoice, Charterer hereby authorizes Air Zulu to charge them to the credit card on file. 

TAXES. Client shall pay all applicable taxes related to the operation of the aircraft for the chartered flight, including but not limited to: (i) federal and state excise taxes; (ii) leg segment taxes; (iii) international departure and arrival taxes; and (iv) other fees, taxes or charges imposed by any governmental or airport authority.

PAYMENT. Client shall supply Air Zulu with all credit information reasonably requested by Air Zulu in order to secure the itinerary requested by Client. Client shall be required to prepay the amount of the entire quoted itinerary for a flight. All invoices for additional expenses that are not paid within ten (10) days of the invoice date shall be subject to interest at the rate of 1.5% per month on all amounts outstanding after the expiration of the ten (10) day period, plus all costs of collection (including, without limitation, attorney's fees). Client shall promptly pay any undisputed amounts while Air Zulu and Client apply their commercially reasonable efforts to resolve any differences related to the balance of an invoice. Payment shall be conducted by wire-transfer into an account established for Air Zulu, LLC., wiring instructions are provided in a separate document. 

CREDIT CARD POLICY: Air Zulu LLC may, in its sole discretion, accept credit cards for payment of charges. If Air Zulu accepts payment by credit card, Charterer, by providing its credit card information, authorizes Air Zulu LLC to obtain payment from the issuer of the credit card Charterer presented if Charterer does not make payment by another means, and Charterer agrees to perform the obligations set forth in its agreement with its credit card issuer. Charterer consents to Air Zulu LLC charging the credit card upon execution of this Agreement. 

CANCELLATION POLICY: Air Zulu LLC will honor the cancellation policy as defined in the executed operator’s agreement. Generally known to be 48 hours before scheduled flight.

ADDITIONAL CHARGES AND TAXES FUEL SURCHARGES: Charterer acknowledges that the price of fuel may increase beyond the base price Air Zulu used in providing the Quote. Charterer agrees that a fuel price surcharge may apply during the flight segments, as well as aircraft positioning flights. To the extent the aircraft fuel price exceeds the base fuel price, Charterer shall pay Air Zulu for the amount of such increase. Air Zulu is not bound by a specific time period for which to bill a fuel surcharge after the charter flights are completed. Charterer unconditionally guarantees payment of any fuel surcharge within three business days of Charter’s receipt of invoice. 

LIMITATION AS AGENT FOR CHARTERER: Charterer understands and agrees that Air Zulu is only acting as an agent for Charterer for the arrangement of the charter flights described in this Agreement. Air Zulu is not responsible for any delays, cancellations, substitutions, damages, losses or other causes of action experienced by Charterer from alleged actions or omissions by Air Carrier(s) or Air Carrier(s)’ agents, or for situations beyond Air Zulu’s control. Air Zulu is not a direct or indirect “Air Carrier”. Air Zulu does not own or operate any aircraft. All flights are operated by air carriers regulated by Federal Aviation Regulations Part 135 or 121 or foreign equivalent, who maintain full operational control of charter flights at all times. Air Zulu is acting as the agent for Charterer in the capacity of a service provider. 

OPERATION AND DEPARTURE / ARRIVAL TIMES: Departure and arrival times are not guaranteed. Times are subject to change with or without notice. Departure and arrival times may change due to availability of aircraft, passenger services, weather, and other factors. Air Carrier and the captain of the aircraft are authorized to take all necessary measures to ensure safety. He/she/they 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 Charterer and all passengers. Air Zulu does not control Air Carrier’s operations: applicable regulations place sole responsibility on the Air Carrier, and Air Zulu is not liable for the operation, action, or undertakings of Air Carrier. Costs due to such an operational decision shall be an additional cost to Charterer. Client shall, at the time of Confirmation, inform Air Zulu of any allergies, medical restrictions and/or dietary needs of any passenger. Air Zulu shall use reasonable efforts to inform Client of any cargo, refreshment, passenger or other restrictions or limitations applicable to aircraft to be used for a specific charter; provided, however, that any such restrictions or limitations shall be in addition to, and not in lieu of, any applicable rules, regulations, approvals, and certifications as provided in the section below headed “Regulations; Identification.” Flight range capability may vary based on the weight of the passengers and their baggage, distance, weather, airport altitude and runway length. Smoking and the use of illegal drugs are not permitted on charter flights arranged by Air Zulu.

SECURITY SCREENING: Charterer will provide a complete passenger manifest for each flight segment detailing passenger names, weights, and dates of birth as shown on their IDs. All passengers and crew are subject to a search of their baggage and persons prior to entry of any airport secured area. Local airport regulations may also restrict the access to the ramp by ground transportation. All passengers and crew are required to carry valid government-issued photo identification plus applicable travel documents for international fights and failure to provide required documentation may result in delay or cancellation of the flight with penalty. For a list of restricted items that may not be carried onboard the aircraft, please visit www.tsa.gov. Hazardous materials (“HAZMAT”) may not be transported aboard any flights. For more details about HAZMAT, please visit http://phmsa.dot.gov/hazmat/info-center. 

FORCE MAJEURE: Air Zulu shall not be liable for any failure by Air Zulu to perform its obligations under the Agreement arising from any cause beyond Air Zulu’s control or for any inconvenience, loss, or damage of whatsoever nature incurred by Charterer as a result of cancellation of or delay in the completion of the Charter occasioned directly or indirectly by any cause of whatsoever nature beyond the control of Air Zulu. Examples of such additional costs and expenses include, without limitation: strikes, lock-outs, or other industrial action, sabotage, civil commotion, riot, invasion, war, civil war, revolution, blockade, threat of or preparation for war, accident, fire, explosion, accidents to or mechanical malfunction or failure of aircraft, hijack, storm, flood, frost, fog, ice, other weather event that makes any part of a flight unsafe; earthquake, subsidence, epidemic, or other natural physical disaster, seizure, confiscation or requisition of aircraft or cargo, non-availability of fuel, refusal of permits and overflying rights, traffic rights or diplomatic clearance. The Air Carrier and/or Captain of the aircraft shall have absolute discretion in determining when such an event is sufficiently serious to require diversion and/or cancellation of flight(s).

NON-ASSIGNABILITY: This Agreement may only be assigned with the prior written consent of Air Zulu. 

ENTIRE AGREEMENT: This Agreement constitutes the entire agreement and understanding between the parties in connection with the charter of the aircraft described herein. No party has relied on any warranty, representation, or indemnity of any other party except as expressly stated in this Agreement.  Air Zulu makes no representations or warranties of any kind, either express or implied, of fitness for a particular purpose, merchantability or otherwise. 

CONFIDENTIALITY: This Agreement is confidential and its contents shall not be released or disclosed except as required to effectuate the Agreement’s terms or as otherwise required by law or court process. 

GOVERNING LAW/CHOICE OF VENUE: To the extent not governed by applicable federal statutes, the laws of the State of New Hampshire shall govern the validity, construction, and performance of this Agreement and all controversies and claims arising hereunder without regard to its conflict of law principles. Each party hereby consents to the exclusive jurisdiction and venue of the state and federal courts serving Portsmouth, New Hampshire. 

INDEMNIFICATION: Charterer agrees to indemnify and hold Air Zulu free and harmless from, and to defend Air Zulu against any and all claims, actions, and demands asserted against Air Zulu, including any legal fees and expenses incurred in the defense of such claims, actions, and demands, arising out of act(s) or omission(s) of Charterer or Air Carrier(s), its/their agents, officers, employees or flight participants. 

NOTICE: All notices and other required communications under this Agreement ("Notices") shall be in writing, and shall be sent to the addresses in the signature blocks set forth below. A Party may change its address by sending Notice to the other Party of the new address. Notices shall be given: (a) by personal delivery to the other Party; (b) by facsimile, with a confirmation sent by registered or certified mail, return receipt requested; (c) by registered or certified mail, return receipt requested; or (d) by express courier (e.g. DHL, Federal Express, etc.). Notices shall be effective and shall be deemed delivered: (i) if by personal delivery, on the date of the personal delivery; (ii) if by facsimile, on the date stated in the electronic confirmation, delivered during normal business hours (8:00 a.m. to 5:00 p.m. at recipient’s location), and, if not delivered during normal business hours, on the next business day following delivery; (iii) if solely by mail, 3 days after the date of receipt, or (iv) if by express courier, on the date signed for or rejected as reflected in the courier’s delivery log. 

LIMITATION OF BROKER LIABILITY: IN NO EVENT WILL AIR ZULU BE LIABLE FOR ANY TYPE OF INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN CONTRACT OR IN TORT, EXCEEDING THE AMOUNT PAID BY CHARTERER FOR THE FLIGHT IN QUESTION. CHARTERER WILL INDEMNIFY AND HOLD AIR ZULU HARMLESS AGAINST ANY LOSS, DAMAGE OR EXPENSE INCURRED BY AIR ZULU BY REASON OF ANY ACTION OR OMISSION OF CHARTERER