JetSmarter is putting a push on full aircraft charter; Here are four reasons to be wary...and where JetSmarter says we were wrong!

After moving its shared flight program from free seats to paid and scheduled flights to a crowdsourcing model, JetSmarter apparently wants to focus on being a charter broker

12.4.2018 – Editor’s Note:  After publishing this article, Sergey Petrossov, CEO of JetSmarter, reached out to me to say he didn’t think the article provided a fair view of the company’s on-demand charter program. Normally, I would contact a company with questions before publishing, but after being told three times over the past two-and-a-half months JetSmarter wasn’t going to answer my questions, I didn’t bother. The article was also designed to highlight four places I saw shortcomings in their offerings. However, I have happily integrated Petrossov’s responses to my points in red and as always welcome any critiques people have on what I publish.”

Despite mounting lawsuits, JetSmarter is now more aggressively marketing full aircraft charters, apparently trying to compete with a host of online and offline brokers. While the sharing economy private jet provider has always sold full aircraft charters, it recently began displaying options for full aircraft charters when searching for flights, which are now apparently nearly all built on a crowdsourcing model as opposed to its previous model of having scheduled private jet flights to book by the seat.

However, back to JetSmarter’s push to sell full aircraft on-demand charter. As recently as several weeks ago, on the company’s desktop website when searching for flights on applicable city pairs it would only show per seat flights that were confirmed, pending or offered crowdsourcing pricing. With the latter, now the core of what JetSmarter is doing, you can choose the number of seats you want at a per-seat price. There is a minimum number of seats that need to be sold in order for a flight to go. While you need to provide your credit card information, unless the flight reaches that critical mass and is confirmed, you are not charged, according to the terms.

What’s new is below the crowdsourcing options is now on-demand charter pricing in a much more prominent display. For example, searching New York to South Florida, there are now “instant booking” options for both size categories of private jets – light, midsize, super midsize and heavy as well as specific aircraft types. On Tuesday, December 18, the two specific type options were a Citation Encore and Excel.

The light jet was priced at $11,976, the super-midsize at $16,429, the midsize a higher price at $19,224 and heavy at $29,766. Our first point of concern is when you click through on each of these offers there are no details provided on aircraft type or operator and additional details regarding pets policy and Wifi vary. Some quotes include details, others don’t. In other words, you would apparently have to pay before you even know who the operator is, what type of aircraft you are flying, how old it is, when it was refurbished, and key policies such as whether or not you can bring pets.

Petrossov:  “When you click on the option you can read about the amenities that will be available. Our ‘instant booking’ options that you refer to in your blog post are class specific, not aircraft specific. Similar to a jet card, when you purchase a card for a light jet, they do not tell you the operator or specific aircraft in advance. Rather the customer is guaranteed transportation on the category of aircraft within certain service and safety standards.”

A quick look at the Terms and Conditions shows JetSmarter’s refund policy only provides for full refunds 22+ days in advance of departure and not on peak days. Between 8 and 21 days, you will lose 30% of your charter price, going up to 50% for 5-7 days cancellation notice, 70% at 4 days and 100% for anything from 3 days until departure. Fair enough. We’ve seen other online brokers with more restrictive policies, although we also know for offline brokers you can often negotiate better cancellation terms.

However, there are three more concerns we have about booking a full aircraft charter with JetSmarter. As far as we could tell (full JetSmarter Charter Agreement below) JetSmarter is making no provisions to hold your funds in escrow should it cease trading between when you make your payment (right away) and the date of your flight. If JetSmarter doesn’t transfer your funds to the operator, it’s unlikely the operator will fly you. And since broker – operator payment terms can vary widely, it’s hard to tell when that is due to occur. There are some brokers who settle with operators monthly after the flight while others are required to transfer money before the operator will commit to the flight.

Petrossov: “We are not a jet card, nor do we take deposits, which would warrant escrowing money for charter flights. At the time of booking, we require a credit card hold, which satisfies the contractual requirement of pre-payment and confirms the flight. If our customers would like to utilize a different payment method, they can wire the funds for their flight up to 24 hours before departure or let us know that they prefer to pay with a credit card, which protects them far beyond other private aviation providers.”

The third concern is JetSmarter’s arbitration clause (Section 16) – something it seeks to impose to prevent you from suing if you are dissatisfied. While in a California lawsuit, a judge denied JetSmarter’s motion to move a pending case seeking over $2 million to arbitration, that case is based on fraud and misrepresentations about its activity selling memberships, something that may not be as apparent in the case of its on-demand charter sales.

Petrossov:  “Completely untrue regarding preventing a customer from suing if dissatisfied. Customers can still file a suit in arbitration if they are unsatisfied. In fact, the arbitration proceeding is much more consumer friendly than the stringent court process. Arbitration per the consumer rules also provides a streamlined and much more cost effective dispute resolution method as opposed to courts where a case can be pending for years.”

Lastly, while you may fly privately to remain private, Section 17 gives JetSmarter the right to turn you into a promotional billboard:

 

Passenger authorizes JetSmarter, its subsidiaries, licensees, successors and assigns, to use Passenger’s (1) picture, including photographic, motion picture, and electronic (video) images; and (2) voice, including sound and video recordings created while Passenger is utilizing the Services of JetSmarter. Passenger hereby grants JetSmarter, its subsidiaries, licensees, successors and assigns, the right to use, publish, and reproduce, for all purposes, Passenger’s name, picture(s) of Passenger in film or electronic (video) form, silhouettes and other reproductions of Passenger’s likeness, sound and video recordings of Passenger’s voice, and printed and electronic copies of the information described above in any and all media including, without limitation, cable and broadcast television and Internet, and for exhibition, distribution, promotion, advertising, sale, press conferences, meetings, hearings, educational purposes, and in brochures and other print media. This permission extends to all languages, media, formats and markets now known or hereafter devised whether in the United States or abroad. The permission shall continue forever. Passenger acknowledges and understands that he, she, or it may not enjoin any exploitation of the activities as described above.

 

Passenger further grants JetSmarter, its subsidiaries, licensees, successors and assigns all right, title, and interest in all finished pictures, negatives, reproductions, and copies of any original print, and further grants JetSmarter, its subsidiaries, licensees, successors and assigns the right to give, sell, transfer, and exhibit any print in copies or facsimiles thereof, for marketing, communications, or advertising purposes, as it deems fit in its sole discretion.

 

Passenger hereby waives the right to receive any payment for granting this release and waives the right to receive any payment for JetSmarter’s, its subsidiaries, licensees, successors and assigns use of any of the material described above for any purpose authorized by this release. Passenger also waives any right to inspect or approve finished photographs, audio, video, multimedia, or advertising recordings and copy or printed matter or computer generated scanned image and other electronic media that may be used in conjunction therewith and further waives any right to approve the eventual use that it might be applied. Passenger acknowledges that he or she has read the foregoing and fully understands and agrees to the contents thereof.

Petrossov:  “We have never done this, and do not publish information about our customers in any advertisement without their consent. Moreover, unlike many other companies, we do not sell any customer data to any third party. To the contrary, we vigorously protect the privacy of our customers.”

The full contract is below:

CHARTER AGREEMENT

JetSmarter Inc. (hereinafter referred to as “JetSmarter”) agrees to act as agent on behalf of its end-users (“Passengers”) to obtain private charter services with the following terms and conditions (the “Terms and Conditions”). Passenger agrees to the Terms and Conditions by booking the aircraft through services provided by JetSmarter.

JetSmarter and Passenger are sometimes referred to herein collectively as “parties” and each a “party”.

1. AGENCY RELATIONSHIP

JetSmarter, as Passenger’s agent, agrees to arrange air transportation services for Passenger to be provided by aircraft operators holding an air carrier certificate authorizing them to furnish air transportation services pursuant to Federal Aviation Regulations 14 C.F.R. Part 135 (“FAR Part 135”) (the “Program”). Passenger understands that JetSmarter is not an aircraft operator and arranges private jet charter services solely as a manager of the Program and as Passenger’s agent. For clarification purposes, “Private Jet Charter,” “Aircraft Charter,” “Private Charter” and “Charter” refer to using, booking, arranging or chartering an aircraft. All travel arrangements are made on-demand according to customer-directed itineraries and flight requirements under the Terms and Conditions, restrictions and limitations reflected herein. Operators, and not JetSmarter or the aircraft owner, are responsible for ensuring the safety of a flight and providing the charter services, including the flight crew and aircraft operations. JetSmarter is NOT a registered U.S. 14 CFR Part 135 operator, nor does it provide air carrier services. JetSmarter offers the method by which to obtain the services of the operators, but in no way does it have any responsibility or liability for any charter services provided by third parties. By booking an on-demand private charter flight for less than the whole airplane capacity or for the whole airplane in accordance with Section 2 below, Passenger authorizes JetSmarter to enter into a charter contract with an operator as Passenger’s agent.

2. ON-DEMAND CHARTER FLIGHT BOOKING CONFIRMATION

Passenger will be responsible for reserving the aircraft through the Application, the JetSmarter software, on JetSmarter’s website, or with a JetSmarter aviation specialist through email, text message, other means of electronic communication, telephone or facsimile.
To confirm a booking and reserve an aircraft, Passenger must accept the flight quote and provide payment in full via credit card, debit card or wire transfer. Once a flight is booked, it will be subject to the cancellation policy described below.

All flights under this Agreement are operated by a FAR Part 135 or Part 121 air carrier (the “Operator”), who shall have exclusive direction, control and authority over initiating, conducting, or terminating flights (“Operational Control”). JetSmarter is not a FAR Part 135 or 121 air carrier and does not provide air carrier services. The Operator performing the flight will be subject to, among other things, flight time and duty time restrictions, and airport limitations that may preclude or limit operations to certain airports and other applicable regulations and requirements. Passenger understands and agrees that the Operator shall have absolute discretion in all matters, including, without limitation, the preparation of the aircraft for flight and the flight itself, the load carried and its distribution, the decision as to whether or not a flight will be performed, what route will be flown, and all matters relating to the operation of the aircraft. Passenger specifically agrees that the Operator shall have final and complete authority to cancel any flight for any reason or condition that in its sole and absolute judgment could compromise the safety of a flight and may take any other action that, in its opinion, is necessitated in consideration of safety. No such action of the Operator shall create or support any liability for loss, injury, damage or delay to Passenger. In addition, the Operator shall have the right to refuse boarding to any person: (a) who appears to be intoxicated or under the influence of any illicit or controlled substance; (b) who refuses to be subject to any reasonable checks of his or her person or baggage by the Operator, a security team contracted by JetSmarter, or by government or airport authorities; (c) whose condition, including apparent illness or incapacity, in the sole judgment of the Operator could involve hazard or risk to himself, herself or others; (d) who exhibits violent, aggressive, or otherwise inappropriate behavior towards other Passengers, or flight crew; or (e) who fails to provide proper identification.

In the event Passenger purchases less than the whole capacity of the aircraft, JetSmarter will offer the unpurchased seats to other passengers as public charters pursuant to 14 CFR § 380.

3. CONDUCT

JetSmarter requires all Passengers to strictly adhere to the following rules of conduct in order to ensure a safe, friendly and respectful experience on flights arranged by JetSmarter. These rules are not intended to restrict the rights of anyone but rather to ensure that all Passengers, as well as JetSmarter and aircraft operator personnel, can expect to be safe and treated with dignity and respect at all times. If any Passenger engages in conduct that JetSmarter considers improper, offensive or likely to risk endangering the safety of other Passengers or JetSmarter or aircraft operator personnel, then such Passenger may be reprimanded and/or denied transportation. All determinations will be made in the sole discretion of JetSmarter’s management.

In addition, if the conduct of a Passenger endangers the aircraft or any passenger or property while on board; obstructs or hinders the crew in the performance of their duties; fails to comply with any instruction of the crew, including, but not limited to, smoking in any form (including electronic cigarettes, vaporizers and similar devices) or use of drugs or alcohol; involves the use of any offensive, threatening, abusive or insulting words towards the crew or JetSmarter personnel; or involves behavior which causes discomfort, inconvenience, damage or injury to the crew or JetSmarter personnel, then the crew may take such measures as it deems necessary to prevent continuation of such conduct, including restraint. A Passenger may be disembarked and refused onward carriage at any point and may be prosecuted for offenses committed on board the aircraft.

The following rules of conduct will be strictly enforced.

1. In accordance with the FAA rules and regulations, JetSmarter prohibits its Passengers from consuming any alcoholic beverages on board any shared flight that are not provided in the minibar located on the aircraft or served by a cabin server. Passengers shall not bring alcohol on board of the aircraft for consumption during a shared flight.
2. JetSmarter has zero tolerance for transportation or use of narcotics and other controlled substances, such as drugs and drug paraphernalia, regardless of whether certain substances may be considered legal in any states.
3. The crew will deny boarding to any passenger who appears intoxicated. Any passenger who is denied boarding because he or she is intoxicated will not be entitled to a refund or alternative transportation.
4. Each passenger can transport not more than $50,000 (or foreign equivalent) cash on any JetDeal or JetShuttle flight. Passengers will be denied boarding if any of them are in possession of more than $50,000 (or foreign equivalent) cash.
5. Passengers must be respectful of other Passengers and of JetSmarter and aircraft operator personnel.
6. JetSmarter has zero tolerance for any type of harassment or offensive behavior, including, but not limited to:
   1. any kind of verbal or physical abuse, including abuse of JetSmarter employees and representatives;
   2. any form of discrimination;
   3. the use of profane language, gestures, insults or similar behavior;
   4. unwanted solicitation;
   5. loud or boisterous behavior; or
   6. creating strife, conflict or divisiveness within the JetSmarter community.
7. Passengers must observe proper etiquette on flights arranged by JetSmarter and at JetSmarter sponsored events.
8. Passengers must maintain appropriate hygiene on flights. If someone’s hygiene is offensive to a reasonable passenger, then it would violate JetSmarter’s rules of conduct.
9. While JetSmarter does not have a specific dress code on flights, Passengers must wear appropriate attire. Shoes must be worn at all times. Sexually suggestive and other offensive clothing is prohibited.
10. Passengers must not cause damage to any aircraft or to amenities on any aircraft.
11. Passengers shall respect the privacy rights of other Passengers. No photos or videos may be taken of another passenger or shared on social media without the prior consent of such passenger.
12. Passengers have no authority to instruct aircraft crew in their job performance and duties.
13. Passengers must strictly adhere to all policies, procedures, rules and regulations of the aircraft operators.

JetSmarter, in collaboration with crew members, will strictly enforce these rules of conduct. If a Passenger violates any of the rules outlined above or other Terms and Conditions, Charter Operator shall have a right to deny boarding to such passenger, in which case, cancellation fees listed below will apply. Passengers are responsible for the conduct of their guests. JetSmarter shall not be responsible for alternative transportation if a Passenger is denied boarding due to the violation of any of the rules above.

4. FLIGHT QUOTE VALIDITY

For all whole aircraft charter flights that are not designated as “Instant Booking” in the application, all flight quotes provided (the “Flight Quote”) are subject to aircraft availability, crew availability, and, if applicable, owner approval. All Flight Quotes are based on the information supplied by an operator and JetSmarter does not guarantee the accuracy of any information contained in the Flight Quote. Passenger understands and agrees that the Flight Quote can change at any time prior to receiving a booking confirmation and agrees that JetSmarter is not liable for any changes in the Flight Quote.

For all flights designated as “Instant Booking” in the application, the total final price and the amount of federal excise tax is displayed in the application. The flight and the price are confirmed upon selecting the “Purchase” button. JetSmarter reserves the right to fulfill the charter flight booking on another aircraft model that is equivalent or greater in class.

Unless otherwise noted, the Flight Quote or price displayed in the application for the Instant Booking flights includes solely the air transportation and does not include any incidental fees.

5. OWNER APPROVAL

The aircraft owner, if applicable, must provide final approval for use of the aircraft. In the event that the aircraft owner does not approve the booking, JetSmarter will attempt to either adjust the terms of the trip so the owner is able to approve the booking or JetSmarter will attempt to find a replacement aircraft for Passenger. A surcharge may be applicable for the booking of a replacement aircraft.

If a replacement aircraft is not found within 12 hours of a booking being declined, both parties will be released from their obligations under these Terms and Conditions, specifically, any liability under the “Cancellation Policy” section below.

This paragraph does not apply to the bookings for less than whole aircraft operated under 14 CFR § 380 (“Public Charter”).

6. INCIDENTAL FEES

Unless otherwise noted in the Flight Quote, Flight Quotes do not include the following: catering, ground transportation, flight phone usage, flight internet (Wi-Fi) usage, any damage to the aircraft, excess luggage fees, fees for bringing pets, aircraft cleaning/maintenance relating to pets or excessive wear and tear related to service animals or due to excessive use of the aircraft by Passenger, additional flight time due to adverse weather conditions, international fees, additional landings, ramp, hangar or de-icing charges (the “Incidental Fees”). Further, in the event Passenger requests any significant changes (for example, different FBO, flight time change, etc.) and the operator accommodates such requests, Passenger agrees to pay on demand any additional costs associated with such changes. Passenger agrees to indemnify and reimburse JetSmarter for any and all Incidental Fees, costs and expenses incurred as a result of damage and excess wear and tear to the aircraft interior and/or exterior determined by JetSmarter or Operator to be caused by Passenger. If Passenger incurs any Incidental Fees or additional charges or such charges are reasonably attributed to the Passenger by the operator that performed the flight or JetSmarter’s personnel, Passenger authorizes JetSmarter to charge his or her credit card upon completion of the flight or at the time such charges or the Incidental Fees are incurred, whichever occurs first.

7. FUEL AND TAX SURCHARGES

The Flight Quote is based on fuel costs as of the booking date. JetSmarter reserves the right to adjust the fuel surcharge amount on Flight Quotes and Instant Booking quotes due to any increases in cost between the booking confirmation and the departure date. Passenger shall pay JetSmarter on demand any such difference in amount of the increase in fuel cost.

Passenger shall pay all applicable taxes related to the operation of the charter aircraft, 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.

8. INVOICE RECEIPT

JetSmarter will transmit an Invoice Receipt to Passenger detailing Passenger’s incurred charges. In the event that any sums due from Passenger to JetSmarter remain unpaid for more than 5 days beyond the date such sums were due to be paid, any outstanding sums shall be subject to interest at the lesser of 1.5% per month or the maximum amount of interest permitted by law. In the event that any form of payment provided by Passenger to JetSmarter is rejected and JetSmarter incurs any fees as a result of such rejection (e.g., insufficient funds), Passenger shall be responsible to reimburse JetSmarter promptly for all such fees incurred by JetSmarter.

9. PAYMENT TERMS

Payment is due in full upon booking of the Instant Booking Flight or acceptance the Flight Quote for all charter trips. Passenger will pay all segment fees and applicable taxes unless noted otherwise. When purchasing a flight through the Application, JetSmarter software, on JetSmarter’s website or through an aviation specialist, Passenger’s credit or debit card will be processed instantly.

Passenger must notify JetSmarter of a disputed charge within 5 days after the date of an invoice, receipt or bill on which such charge(s) first appeared. Upon expiration of such 5 day period, the charges will be considered final and undisputed.

10. CANCELLATION POLICY

JetSmarter’s cancellation policy for all flights is described below.

1. Cancellation By Passenger
2. Passenger-Created Shared Flight Cancellation Policy

On-demand flights originated or created by Passengers, such as Shared Flights, for which Passengers purchase less than the whole capacity of the aircraft, e.g., several seats, are non-refundable.

Passengers must check in for shared flights at least thirty (30) minutes prior to the scheduled departure time.

2. Whole Aircraft Charter Cancellation Policy

JetSmarter’s cancellation policy for on demand charter flights for the whole capacity of the aircraft cancelled by Passenger is described below. Reservations for one way flights are non-refundable.
(1 day is equal to one 24 hour period):

Round Trip or Multi Leg Whole Aircraft Charter Flight Cancellation Policy During Non-Peak Days   Days Prior to Departure Cancellation Charges 22+ No charge; fully refundable 8-21 30% of total price (taxes & fees excluded) 5-7 50% of total price (taxes & fees excluded) 4 70% of total price (taxes & fees excluded) 3 or less 100%; no refund

 

Whole Aircraft Charter Flight Cancellation Policy During  Peak Days

Any confirmed reservations falling on any of the peak travel days listed below will be subject to a cancellation fee in the amount of one hundred percent of the quoted flight.

 

Peak Travel Dates

January 15 – January 16

February 15 – February 20

March 28 – April 2

April 8 – April 9

May 24 – May 28

June 29 – June 30

July 3 – July 8

August 30 – September 3

October 4 – October 10

November 10 – November 15

November 17 – November 26

December 7 – December 9

December 21 – January 7

JetSmarter reserves the right to treat any no-shows, failures to arrive prior to the designated check in time or failure to be ready to travel and in possession of valid government issued photo identification as last minute cancellations, whereby Passenger will be charged the full cost of the charter.

A ‘no-show’ is defined as Passenger not arriving to the aircraft at least 30 minutes prior to boarding in possession of valid government issued identification or violation of any terms and conditions of this agreement that result in denial of boarding. JetSmarter, at its sole discretion, may extend the no-show time for on demand whole aircraft charter flight in coordination with Passenger if operational restrictions allow.

1. FORCE MAJEURE CANCELLATION BY JETSMARTER OR OPERATORS

JetSmarter is not liable for the delay or failure to provide a charter aircraft or perform the flight when such delay or failure is caused by Force Majeure. “Force Majeure” means an act of God, strike or lockout or other labor dispute, act of a public enemy, war (declared or undeclared), terrorism, blockade, revolution, civil commotion, fire, any weather-related event affecting safety of flight, flood, earthquake, explosion, governmental restraint, embargo, mechanicals, inability to obtain or delay in obtaining equipment, parts, or transport, inability to obtain or delay in obtaining governmental approvals, permits, licenses, or allocations, and any other cause outside of the complete control of JetSmarter or operator, as applicable, whether or not of the kind specifically listed above.
In addition, Passenger understands and agrees that when, in the sole discretion of an operator or the pilots of a charter aircraft, safety may be compromised, JetSmarter, the operator or the pilots may cancel a flight, refuse to commence a flight, or take other necessary action without breaching its duties or obligations to Passenger or be liable for any loss, injury, damage, or delay.
Notwithstanding the above, for a regularly scheduled, fully prepaid return or one way charter flight cancelled as a result of events outlined above, JetSmarter will make commercially reasonable efforts to secure a substitute aircraft of similar cabin class. If JetSmarter locates a replacement aircraft, the original Flight Quote will be adjusted based on the pricing of the replacement aircraft quote. Passenger will have a right to accept or decline the replacement aircraft. This provision does not apply to the cancellation of Empty-Legs or shared flights and JetSmarter will not provide any replacement aircraft in the event an Empty Leg is cancelled as a result of a Force Majeure event.

11. TRANSPORTATION OF PETS AND SERVICE ANIMALS

Passenger and their guests are not allowed to transport pets on any shared charter flights. Only service animals will be permitted on board of any shared charter flights. JetSmarter reserves the right to charge Passenger cleaning fees for transportation of service animals if such fees are imposed on JetSmarter by an operator. Passenger shall notify JetSmarter as soon as possible, but not less than 48 hours prior to their flight departure time if they will be bringing a service animal onboard a shared Charter flight. Unauthorized transportation of pets will result in $1,000 fine and cleaning fees that will be charged to Passenger’s credit card. If a Passenger violates the pet policy outlined in this paragraph, Passenger agrees to pay fine and the cleaning fee.

12. INSURANCE

It is the sole responsibility of the aircraft operator to maintain liability insurance coverage. Passenger understands and agrees that JetSmarter is not liable for any claims arising out of or in connection with the services of the aircraft operator or performance of the flight.

13. valid IDENTIFICATION and consent to search of baggage and person

In accordance with the United States Transportation Security Administration (“TSA”) regulations and other Governmental regulations, Passenger is required to comply with all TSA regulations, and will be required to present valid identification prior to departure for all flights. For international flights, it is Passenger’s sole and individual responsibility to have a valid passport in his or her possession as well as any required visas or entry documentation. JetSmarter is not liable Operator has the right to refuse boarding to any person without the required documentation or as a result of non-compliance with TSA or other government regulations without recourse or further obligation to Passenger by the operator or JetSmarter.

Operator will refuse to accept the following articles for transportation: (a) firearms and ammunition; (b) any flammable material or liquid in stowed baggage or otherwise; (c) live animals, except service animals as defined by the Americans with Disabilities Act; and (d) any article designated as hazardous material (“hazmat”) or listed in the ICAO Technical Instruction for the Safe Transport of Dangerous Goods by Air (collectively, the “Prohibited Items”). If notwithstanding this provision, Passenger boards the aircraft with a Prohibited Item, Operator might be required to return an aircraft to the passenger loading area and remove the Prohibited Item and the passenger. In such an event, neither JetSmarter nor Operator would not be responsible for the transportation of the Prohibited Items, associated fines, additional cost or delays that could be incurred.
For your safety and the safety of the flight, all luggage, including the carryon luggage and personal items, and Passengers will be subject to search. In addition, by purchasing this flight, you agree that you are responsible to verify your documentation and provide all the necessary information to conduct a criminal and other background searches via the JetSmarter application prior to the flight. If you fail to do so, JetSmarter and charter operator reserve the right to deny you boarding.

12. LIMITATION OF LIABILITY

JetSmarter does not own or operate any aircraft on which the flights are performed and does not carry any aviation insurance. Passenger understands and agrees that JetSmarter is not liable for any injury, damage, loss, expense, special or consequential damages, or any other irregularity caused by the defect of any aircraft or conveyance, or the negligence of any company or person engaged in conveying the passenger, or carrying out the arrangements for Passenger’s trip or by accident, delay, flight schedule, change, cancellation, sickness, weather, strikes, war, quarantine or any similar cause. Passenger understands and agrees that JetSmarter’s liability shall in any case be limited to the amount paid by Passenger to JetSmarter.

PASSENGER AGREES TO ACCEPT THE PROCEEDS OF THE INSURANCE MAINTAINED BY OPERATOR AS THEIR SOLE RECOURSE AGAINST OPERATOR AND JETSMARTER FOR ANY LOSS OR DAMAGE (INCLUDING, WITHOUT LIMITATION, INJURY, DEATH OR PROPERTY DAMAGE) TO ANY PASSENGER; PROVIDED HOWEVER, THAT THE FOREGOING LIMITATION SHALL NOT APPLY IN THE EVENT OF OPERATOR’S PROVEN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
IN ALL CASES AND UNDER ALL CIRCUMSTANCES, OPERATOR OR JETSMARTER SHALL NOT IN ANY EVENT BE LIABLE TO PASSENER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND OR NATURE INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, USE, VALUE, REVENUE, BUSINESS OPPORTUNITIES, AND THE LIKE, UNDER ANY CIRCUMSTANCES OR FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, ANY DELAY OR FAILURE TO FURNISH ANY AIRCRAFT CAUSED OR OCCASIONED BY THE PERFORMANCE OR NON-PERFORMANCE OF ANY OBLIGATIONS OF OPERATOR (REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT OR TORT OR ANY OTHER LEGAL OR EQUITABLE THEORY), EVEN IF ANY SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITIES OF SUCH DAMAGES.

Passenger understand and agrees that JetSmarter’s liability shall in any case be limited to the purchase price of the charter flight that he or she booked.

15. GOVERNING LAW

This Agreement and all the rights of the parties hereunder shall be governed by, construed and enforced in accordance with the laws of the State of Florida without reference to the conflict of law principles of any jurisdiction.

16. DISPUTE RESOLUTION

Any claim or dispute between the parties and/or against any agent, employee, successor, or assign of the other, whether related to this Charter Agreement, any of the Terms and Conditions or the relationship or rights or obligations contemplated herein, including the validity of this clause, shall be resolved exclusively by binding arbitration by the American Arbitration Association, under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes then in effect, by a sole arbitrator. The place of arbitration shall be Broward County, Florida. The existence and content of the arbitration proceedings and any rulings or award shall be kept confidential except (i) to the extent that disclosure may be required of a party to fulfill a legal duty, protect or pursue a legal right, or enforce or challenge an award in bona fide legal proceedings before a state court or other judicial authority, or (ii) with the written consent of all parties. Notwithstanding anything to the contrary, either party may disclose matters relating to the arbitration or the arbitration proceedings where necessary for the preparation or presentation of a claim or defense in such arbitration.

Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims between Passenger and JetSmarter alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in these Terms and Conditions and without waiving either party’s right of appeal, if any portion of this “class action waiver and other restrictions” provision is deemed invalid or unenforceable, then the remaining portions of the arbitration provision shall remain in full force and effect.

17. RELEASE TO USE PICTURE AND VOICE

Passenger authorizes JetSmarter, its subsidiaries, licensees, successors and assigns, to use Passenger’s (1) picture, including photographic, motion picture, and electronic (video) images; and (2) voice, including sound and video recordings created while Passenger is utilizing the Services of JetSmarter. Passenger hereby grants JetSmarter, its subsidiaries, licensees, successors and assigns, the right to use, publish, and reproduce, for all purposes, Passenger’s name, picture(s) of Passenger in film or electronic (video) form, silhouettes and other reproductions of Passenger’s likeness, sound and video recordings of Passenger’s voice, and printed and electronic copies of the information described above in any and all media including, without limitation, cable and broadcast television and Internet, and for exhibition, distribution, promotion, advertising, sale, press conferences, meetings, hearings, educational purposes, and in brochures and other print media. This permission extends to all languages, media, formats and markets now known or hereafter devised whether in the United States or abroad. The permission shall continue forever. Passenger acknowledges and understands that he, she, or it may not enjoin any exploitation of the activities as described above.

Passenger further grants JetSmarter, its subsidiaries, licensees, successors and assigns all right, title, and interest in all finished pictures, negatives, reproductions, and copies of any original print, and further grants JetSmarter, its subsidiaries, licensees, successors and assigns the right to give, sell, transfer, and exhibit any print in copies or facsimiles thereof, for marketing, communications, or advertising purposes, as it deems fit in its sole discretion.

Passenger hereby waives the right to receive any payment for granting this release and waives the right to receive any payment for JetSmarter’s, its subsidiaries, licensees, successors and assigns use of any of the material described above for any purpose authorized by this release. Passenger also waives any right to inspect or approve finished photographs, audio, video, multimedia, or advertising recordings and copy or printed matter or computer generated scanned image and other electronic media that may be used in conjunction therewith and further waives any right to approve the eventual use that it might be applied. Passenger acknowledges that he or she has read the foregoing and fully understands and agrees to the contents thereof.

18. PRIVACY OF PASSENGER DATA

JetSmarter collects and utilizes Passenger information according to the Privacy Policy that is incorporated in full by this reference and available at https://jetsmarter.com/legal/privacy-policy/. JetSmarter may use Passenger information to check the credit of Passenger in connection with its invoice collection efforts or to check the credit of Passenger and perform criminal and other background searches of Passenger in connection with evaluating whether to accept Passenger’s business. For more information about JetSmarter’s use of your data, please contact GDPR@JetSmarter.com.

 

19. ELECTRONIC SIGNATURE

By purchasing a flight through the JetSmarter mobile application, the JetSmarter software, JetSmarter’s website(s) or through an aviation specialist and selecting the “I Accept” button, Passenger accepts and agrees to these Terms and Conditions electronically. Passenger agrees that their electronic signature is the legal equivalent of their manual signature and that they will be legally bound by these Terms and Conditions. Passenger agrees to pay JetSmarter in full for any invoiced amount upon providing their electronic signature.