Effective date: October 4, 2024
1. General
Definitions: Parties - The two parties who are entering into this agreement are "Client", the individual or entity requesting the charter service, and "Indirect Air Carrier", the company providing the service herein known as “KinectAir". This Quote is aircraft specific for the Schedule set forth above. This Quote is specific to the aircraft for the schedule outlined above. Accepting this Agreement is deemed as formal consent. This Agreement, superseding any prior arrangements or discussions, represents the complete understanding between the Parties. Reservation issuance requires Agreement acceptance. By signing the below, you are hereby confirming the aircraft for the date(s) and time(s) specified and accepting the terms and conditions herein. In the event of a modification to the Schedule or type of aircraft, for any reason, or request and addition of other goods or services not referenced in the Quote price, Client shall be solely responsible for the related cost(s).
2. Quote and Payment
All prices quoted herein are valid for 48 hours from the quoted date. Payment in full is required to secure all reservations. Quoted price is cash price and reflects a 3.5% savings if paid via ACH transfer or check. If paid via credit card, there will be an additional 3.5% processing fee added to the final invoice. A credit card is required to confirm the aircraft and crew for requested date(s) of charter and will be kept on file. Any incidental charges and/or Additional Expenses will be charged to the credit card on file post flight with a 3.5% processing fee. KinectAir is not liable for expenses incurred for replacement transportation in the case of a partial flight completion due to mechanicals (in such cases, our charges apply only to portions of flight completed). After payment and confirmation of your flight, you will be provided prior to departure with the information and contact details of the team in charge of operating your flight pursuant to DOT Part 295.24 (a)
3. Additional Expenses
Such amount in excess of the Quote, including, but not limited to, costs related to arising from other goods and services will be billed to Client on the final invoice, such as:
· Additional flight time due to inclement weather or ATC re-route out of KinectAir’s control.
· De-Icing charges and/or hangar fees incurred in order to prevent De-Icing.
· Damage beyond normal wear and tear caused by passengers.
· Interior pet cleaning requirement.
· VIP handling services requested by passengers at international locations.
· Catering beyond standard stock and passenger ground transportation paid for or arranged by KinectAir.
· APU charges may apply if departure is delayed by the Client.
· Event Surcharges ie. FBO, Landing Fees, Parking Fees, etc.
4. Cancellation and Refund
KinectAir shall not be responsible for any damages, losses, or costs to Client, consequential or otherwise, in the event the referenced aircraft becomes unavailable after confirmation. In the event KinectAir cancels the Scheduled charter, KinectAir will inform the Client as soon as possible and the cancellation fee will not be charged to the Client. Failure to obtain landing rights for International flights (subject to foreign government approval) will result in a cancellation and automatic full refund to Client. Full refunds will be issued within 14 days after cancellation. While this contract provides certain rights and remedies, accepting a refund waives additional remedies under applicable law.
5. Itinerary Revisions
Itinerary changes are permitted, but subject to aircraft and crew availability and subject to price adjustment. Notification of changes and/or cancellations must be submitted via e-mail to fly@kinectair.com with sufficient notice to facilitate change requirements.
6. Pet Policy
Pets are to be approved and announced during the booking process. All unannounced pets at the time of departure are subject to operator approval. If approved, an interior cleaning fee may be charged, if declined and Client cancels, Client will be charged one hundred percent (100%) of the Quote, plus all actual expenses.
7. Check-In and Arrival Time
Passengers are expected to check in at the airport 15 minutes prior to the scheduled departure time.
8. Baggage and Belongings
Baggage space and weight vary per charter, with pilots accommodating as much as possible. Passengers should limit baggage to one (1) 50 lb. checked bag and one (1) 20 lb. personal item (13x13x10in). Extra baggage requires KinectAir's prior approval. Baggage will be weighed, and the pilot will determine if the flight is safe with all items. All baggage must adhere to the Carrier's Conditions of Carriage, including Section 6 on Dangerous and Prohibited Items. Pursuant to DOT 295.24 (6) KinectAir stipulates that operators maintain coverage for everything brought onboard up to the appropriate regulations of their jurisdiction.
9. Choice of Law
This Agreement is governed by Oregon state law. Any claim against or Carrier must be presented in writing within ten (10) days of the date of Passenger's return flight, and neither KinectAir nor Carrier is liable for any claims presented after such a ten-day period. Any claims regarding baggage are governed by the terms contained in Carrier’s Conditions of Carriage.
KinectAir, Inc. is an air charter broker. KinectAir, Inc. is not an aircraft operator or a direct air carrier and is not in operational control of aircraft. Flights will be operated by a direct air carrier or direct foreign air carrier, as applicable, which will have operational control of the aircraft.
