Platinum Sky Charter Sales Terms & Conditions
Platinum Sky Charter Sales Terms & Conditions
All sums owed by you the customer (“you”) as a result of this
Confirmation are due and payable in full to Platinum Sky LLC.
(“PLATINUM”) in accordance with the listed Itinerary, without offset,
deduction or counterclaim of any kind or character whatsoever for
any reason.
Platinum agrees to use its reasonable best efforts to obtain the
charter services described on Charter Quote. The total cost
described on Charter Quote provided includes only those items
specifically described in Itinerary.
Upon you confirming the Charter Quote in writing (the “Confirmation”),
you are bound by the terms of the Quote and these additional terms
(altogether referred to as the Confirmation). You agree to pay upon
receipt of an invoice all listed for the flight and charges for services
not listed on Charter Confirmation, including, without limitation, inflight
telephone/fax/data/internet charges, catering charges, de-icing
(if required) and any other special requests.
Platinum does not control the suppliers providing the air charter (the “Operators”) or other services that you have requested. Platinum
acts only as an agent in arranging the charter services being provided
to you, In the event that Platinum is unable to obtain, or receives
advance notice from an Operator that the Operator has declined to
provide the charter services described in Confirmation, Platinum will
use its reasonable best efforts to obtain for you alternative private flight
services similar to those described.
In the event that the price for such alternative arrangements is
greater than that detailed in Confirmation you agree to pay the
difference to Platinum upon receipt of an invoice for such difference.
In the event that you request an alteration of the charter services
described in Confirmation and such alteration results in a greater price
than that described on Confirmation you agree to pay the difference to
Platinum upon receipt of an invoice for such difference in price.
You acknowledge that each of the Operators providing the charter
services described in Confirmation provides its services under certain
terms and conditions, whether through written contract or otherwise.
A copy of such terms and conditions are available to you upon
request. You agree to abide by such terms and conditions, whether
or not they are attached hereto and whether or not you have received
a copy of such terms and conditions, which are incorporated herein
by this reference.
You agree to defend, indemnify and hold Platinum harmless on a
current basis from any and all proceedings, judgments, demands or
claims by each of the Operators relating to the services provided by
such Operators to you, including, without limitation, all attorneys’
fees and costs, and all damage to any aircraft caused by you or any
of your employees or guests. The sole financial responsibility of
Platinum shall be limited to the amount of commissions it receives per
flight.
Platinum shall not be responsible or liable for defaults of the Operators
or any other person, company or other entity not directly under its
control, Platinum shall not be liable if for any reason you or any of
your employees or guests suffer or incur any loss, personal injury,
property damage, accident, delay, inconvenience, change in itinerary
or personal dissatisfaction with the Operator or its charter services,
including, without limitation, because of acts of God, war or armed
hostilities, government acts or priorities, failure to obtain the necessary
traffic rights, government approvals or over flight permits for the
itinerary requested, fires, floods or earthquakes, strikes or labor
troubles causing cessation, slowdown or interruption of work,
mechanical problems or defects in any aircraft provided by any
Operator, or congestion at the airport of departure or destination.
In the event that you fail to make any payment by the date required
under or as a result of this Confirmation, Platinum shall have no
obligations to you.
In the event you default in any of your obligations hereunder,
including, but not limited to, payment obligations, Platinum may at its
option terminate this Confirmation upon written notice to you, and you
shall be liable to Platinum for and shall indemnify Platinum against all
losses and other expense suffered or incurred by Platinum as a result
of your default and the termination of this Confirmation.
You further agree in the event of default to pay Platinum all costs and
expenses of enforcement of this Confirmation, including, without
limitation, fifteen percent (15%) of the amount due as reasonable
attorneys' fees, if collected by or through an attorney.
This Confirmation reflects the entire understanding of the parties with
respect to the subject matter contained herein and supersedes any
prior Confirmations, whether written or oral, in regard thereto, this
Confirmation may be subsequently modified only by a written
Confirmation executed by authorized representatives of both parties,
this Confirmation shall be governed by, and shall be construed in
accordance with, the laws of the State of New York, without giving
effect to any choice of law provision thereof, and you agree that the
state and federal courts in New York City, New York shall have sole
and exclusive jurisdiction of any dispute between you and Platinum
arising under or in any way relating to this Confirmation. In the event
that any part of this Confirmation shall be found to be illegal or in
violation of public policy, or for any reason unenforceable at law, such
finding shall not invalidate any other part hereof.
THESE TERMS AND CONDITIONS SHALL APPLY TO ANY
FUTURE FLIGHTS CONDUCTED WITH PLATINUM. PRICES,
PAYMENTS AND CANCELLATION