Finance Jet Card Agreement

Finance Jet Card Agreement

Parties

This Jet Card Agreement (the Agreement) is entered into between the following parties on the Effective Date set forth below.

Recitals and Effective Date

WHEREAS, Provider operates aircraft and offers prepaid aviation credit in the form of jet cards that entitle Cardholder to access flight hours subject to the terms set forth below; and WHEREAS, Cardholder desires to purchase jet card hours from Provider on the terms and conditions contained herein.

Effective Date:

Definitions

For purposes of this Agreement: "Available Hours" means prepaid flight hours credited to Cardholder's account; "Dispatch" means Provider's coordination and assignment of aircraft and crew for a requested flight; "Block Time" means time from takeoff to landing used for hour consumption; "Blackout Dates" means dates when Provider's assets are not available for Cardholder.

Jet Card Purchase

Card purchase and fee schedule are set forth below. Cardholder acknowledges the purchase is a prepayment for aviation services and that hours are non-refundable except as expressly provided in this Agreement.

Billing, Payment and Refunds

Payment is due in full upon execution of this Agreement unless otherwise stated in a Provider-issued invoice. Provider will invoice for any additional charges incurred under Section "Additional Charges". Refunds of unused hours are available only as set forth in this Agreement and are subject to administrative fees.

Credit Card    ACH / Bank Transfer    Wire Transfer

Scheduling, Dispatch and Use of Hours

Cardholder shall request flights in accordance with Provider's scheduling policies. Provider will use commercially reasonable efforts to confirm requested flights but does not guarantee aircraft availability. Block Time consumed will be deducted from Available Hours.

Scheduling Notice (minimum hours prior to departure):    Preferred Dispatch Contact:

Blackouts, Cancellations and Rescheduling

Provider may impose Blackout Dates for operational or regulatory reasons. Cardholder may cancel or reschedule flights subject to the following fees and notice requirements. If Cardholder cancels within the Provider's short-notice window, Provider may charge a cancellation fee as set forth below.

Additional Charges

The following additional charges may be assessed and invoiced separately: repositioning or ferry flights, landing fees, handling fees, de-icing, overnight crew expenses, fuel surcharge adjustments, government taxes and fees. Provider will invoice Cardholder for such charges and Cardholder shall pay such invoices according to Invoice Terms.

Taxes

All fees and charges are exclusive of applicable sales, use, value-added, excise or other taxes imposed by any governmental authority. Cardholder is responsible for such taxes, except for taxes based on Provider's net income.

Default, Termination and Remedies

A Party shall be in default if it materially breaches this Agreement and fails to cure within 10 days after written notice. In the event of Cardholder default, Provider may suspend services, retain prepaid hours as liquidated damages to the extent permitted by law, and pursue all other remedies. Termination shall not relieve Cardholder of payment obligations accrued prior to termination.

Indemnification and Insurance

Cardholder shall indemnify, defend and hold harmless Provider, its affiliates, officers, directors, agents and employees from and against any claims, liabilities, damages, losses and expenses (including reasonable attorneys' fees) arising out of Cardholder's negligence, willful misconduct, or breach of this Agreement. Provider shall maintain insurance customary in the industry for aircraft operations.

Limitation of Liability

Except for willful misconduct or gross negligence, neither party shall be liable for consequential, incidental, punitive or special damages, and Provider's aggregate liability for any claim arising under or relating to this Agreement shall not exceed the total amount paid by Cardholder to Provider during the six months preceding the claim.

Term, Renewal and Expiration

This Agreement shall commence on the Effective Date and continue for an initial term of months unless earlier terminated in accordance with this Agreement. Renewal and extension provisions, if any, shall be in writing and agreed by the parties.

Confidentiality

Each party shall maintain the confidentiality of Proprietary Information of the other party and shall not disclose such information except as required by law or as necessary to perform under this Agreement. Confidentiality obligations shall survive termination for a period of three years.

Assignment and Amendment

Cardholder may not assign this Agreement or any rights hereunder without Provider's prior written consent. Provider may assign this Agreement to an affiliate or in connection with a sale of substantially all of its assets. No amendment shall be effective unless in writing and signed by both parties.

Notices

Notices shall be deemed given when delivered in accordance with the contact information above, or at such other addresses as a party may specify by notice in accordance with this section.

Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the state of without regard to conflict of laws principles. Any dispute arising out of or relating to this Agreement shall be resolved by arbitration or litigation as elected in writing by Provider, subject to the parties' agreement on venue.

Representations and Warranties

Each party represents that it has the full corporate or individual authority to enter into this Agreement and that performance will not violate any other agreement or applicable law. Provider represents that it will operate flights in compliance with applicable aviation laws and regulations.

Miscellaneous

If any provision of this Agreement is held invalid or unenforceable, the remainder of the Agreement will remain in full force and effect. Headings are for convenience only and do not affect interpretation.

Sign Now