All air transportation arranged via Elevate Jet’s instant booking app or online website on Your behalf is subject to the following Terms of Service (the “Terms”). Please read these Terms carefully before using any Elevate Jet service (e.g., mobile app, website, and certain marketing e-mails we may send) that posts a link to these Terms.
These Terms affect Your legal rights, responsibilities, and obligations and are legally binding. These terms limit our liability to You and require You to indemnify us and to settle certain disputes through arbitration and to waive jury trial and class actions. If You do not wish to be bound by these Terms without limitation or qualification, do not use the services and uninstall downloads and applications.
By installing this application (the “App”), You affirmatively consent and agree to the following Terms. If you do not consent and agree, do not use this App. This App requires that You enter certain information. Any personal information You supply will be used by us in accordance with our Privacy Policy.
These Terms may be updated at any time and without advanced notice, in response to changes in applicable law or in response to changes in company policy or industry practice. Any changes will be effective immediately upon posting to the App or Elevate Jet’s Website. It is Your responsibility to review these Terms periodically for any updates. Your continued use of our services and this App or Elevate Jet’s Website following the posting of any changes constitutes acceptance of those changes. Please review _______________ for a list of any changes to the Terms and a timeline of when they occurred.
- Definitions.
Additional Mandatory Charges. Additional Mandatory Charges means charges that are not included in the Total Trip Price, but may be mandatory for the operation of Your Trip. These include, but are not limited to, Flight Taxes, Convenience and Merchant Processing Fees (if applicable), and any Special Event or Slot Fees or High Density Airport Fees.
Additional Services. Additional Services are optional services that Elevate Jet can provide to You on Your Trip but that are not included in the Total Trip Price. These include, but are not limited to, Catering, the ability to bring Your pet onboard (which may result in a Pet Fee), or international WiFi (if available on Your aircraft).
Air Carrier. An Air Carrier is the specific direct Air Carrier that will operate Your flight and is in full control of the aircraft. The Air Carrier will be specified on Your Reservations Page approximately twenty-four (24) hours before Your Trip.
Aircraft Category. There are six different Aircraft Categories you can book: Turboprop, Light Jet, Mid-Size Jet, Super-Mid-Size Jet, Heavy Jet, and Ultra-Long-Range Jet. For Jet Card Owners, these categories are not all the same; please see Your Jet Card agreement for additional terms.
Aircraft Type. The Aircraft Type is the specific make and model of an aircraft. Elevate Jet may substitute the Aircraft Type within the Aircraft Category of choosing at booking without notice to Primary Client.
Augmented Crew. An Augmented Crew is when a Trip from the departure city to the destination city requires more than one crew due to FAA or operator regulations, and will likely result in a variance of the Total Trip Price after booking.
Cancellation Policy and Fees. Cancellation Policy is as defined in Section 9, and in your personal agreement if You are a Member or Jet Card Owner.
Catering. Light snacks, bottled water, and soft drinks are available on Your Trip at no additional cost. If You should choose to order any additional catering, You may request it through the App, and a quote for Your order will be provided.
Charter Price. This is the price that appears on the checkout page of the App or Website when booking Your Trip for the cost of the aircraft. The Charter Price may also factor in certain costs that are known at the time of booking such as required fuel or customs stops, short lead time fee, international service fee, High Density Airport Fee, Fuel Surcharge, or domestic WiFi (if available on Your aircraft), and light snacks, bottled water and soft drinks.
De-Icing. Pursuant to applicable laws (specifically, 14 CFR § 91.527 and 14 CFR 121.629), Air Carriers and Pilots-in-Command are required to ensure an aircraft is free and clear of contaminants, with sufficient holdover times to safely conduct flight. These regulations prohibit takeoff if frost, ice, or snow is present on critical aircraft surfaces. To ensure Your aircraft is compliant with these regulations, De-Icing may need to occur. This may occur at any departure point, and might also occur at the arrival point if the aircraft is required to reposition or return to its base after Your arrival.
Dollar or $. Means dollars in USD.
Empty Leg Flight. An Empty Leg Flight appears as a “Hot Deal” on the App and the Website. This is a charter flight on a specific aircraft that is operating without passengers to reposition before its next scheduled charter. While Empty Leg Flights are often at a discount, there is limited, if any, flexibility regarding departure or arrival times and location.
Excessive Cleaning or Damage Fee. If upon completion of Your Trip, the Air Carrier finds any damage or need for cleaning that is above and beyond what is typical, Elevate Jet will invoice Your account the applicable Excessive Cleaning or Damage Fee, which You hereby agree to pay within three (3) days of receipt.
Flight Taxes. Flight taxes include 7.5% U.S. Federal Excise Tax, domestic segment fees per passenger, and/or international segment fees per passenger, and any other tax imposed by 26 CFR § 49.4262-62. These appear as an additional line item at your booking checkout.
Fuel Surcharge. A Fuel Surcharge is an Additional Mandatory Charge that may be assessed to Your flight to help cover the unpredictable costs of fuel, which is influenced by global oil prices and of which Elevate Jet and Air Carriers have no control.
Funds. Any deposit, whether in cash (for Members) or prepaid hours (for Owners) in Your account.
Heavy Jet. A Heavy Jet is an aircraft that can hold up to twelve (12) passengers and has an approximate range of eight (8) hours.
Holidays. For the purpose of these Terms, Holidays are considered New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.
High Density Airport. A High Density Airport is an airport where the FAA has limited the number of takeoffs and landings to manage air traffic volume and prevent congestion. Departing or arriving at High Density Airports often result in either an increased price at booking or sometimes an Additional Charge to the Primary Client. For purposes of these Terms, High Density Airports included: Los Angeles International, Chicago-O’Hare International, Miami Internation, Ronald Reagan National, Logan International, Newark Liberty International, Dallas-Ft Worth International, John F. Kennedy International, San Francisco International, Seattle-Tacoma International, George Bush International, LaGuardia International, and Dulles International.
Identification. For domestic U.S. Travel, a valid REAL ID-compliant driver's license or government-issued photo ID is needed to board an aircraft. For international travel, a valid, unexpired passport is required for leaving or entering the country. The passport must be valid for at least ninety (90) days after Your scheduled return date. At departure, You must present the same passport that You provided through the App or Website or delays can result, which can result in a cancellation or Mandatory Incidentals. It is Your responsibility to check any identification or vaccination requirements for the countries You are traveling to.
Interchange Rates. The rate which a Jet Card Owner must pay to switch between the Aircraft Category that was chosen at purchase of a Jet Card and the Aircraft Category they seek to fly on a particular Trip. Owners are allowed to move to an Aircraft Category below their purchased Aircraft Category on any day, but may only move up one level Aircraft Category on Peak Days.
Jet Card. Pre-paid hours within one of four Jet Card categories that have different Terms of Service. Please review your personal Jet Card agreement if You are a Jet Card Owner.
Jet Card Owner (or “Owner”). A Primary Client that owns one of the four categories of Jet Cards. Please review your personal Jet Card agreement if You are a Jet Card Owner.
Late Arrival. A Late Arrival has the meaning set out in Section 9.5.
Light Jet. A Light Jet is an aircraft that can hold up to six (6) passengers and has an approximate range of three (3) hours.
Mandatory Incidentals. Mandatory Incidentals means charges that are not included in the Total Trip Price and are not known more than twenty-four (24) hours prior to Your Trip, but are mandatory for the operation of Your Trip. These include, but are not limited to, De-Icing, Excessive Cleaning or Damage Fee, and any Additional Charges that might occur due to Force Majeure either within twenty-four (24) hours prior to any departure leg of Your Trip through arrival and taxi at Your destination.
Member (or “Member”). A Member is Primary Client who has a Membership.
Membership. An account in which the Primary Client has deposited at least one-hundred thousand Dollars ($100,000.00) into their Elevate Jet account and has a more generous Cancellation Policy when booking Trips. Please review Your personal Member agreement.
Mid-Size Jet. A Mid-Size Jet is an aircraft that can hold up to seven (7) passengers and has an approximate range of four (4) hours.
Non-Refundable. All bookings that are one-way Trips, whether within the PSA or not, are fully Non-Refundable. In addition, “round-Trip” bookings that do not include the use of the same aircraft for, on average throughout the Trip, for at least two (2) to three (3) hours per day of flight time (as explained in the definition of Partially Refundable below) are also Non-Refundable, even if You subsequently return to the location Your Trip began. All Non-Refundable bookings are subject to a 100% cancellation fee upon booking.
Partially Refundable. A Partially Refundable Trip is one that departs and returns to the same destination, within the Primary Service Area, either within a Single Crew-Day or on consecutive days that are able to utilize the same crew on both days; a Trip may also be considered Partially Refundable on a multi-leg Trip if the aircraft will be used for at least the prescribed flight time, on average two hours per day throughout the entirety of the Trip, and returns to the original departure airport. [Prescribed flight time is as follows: two (2) hours on a Light Jet; two-and-a-half (2.5) hours on a Mid-Size Jet; and three (3) hours for Super-Mid-Size Jet or larger Aircraft Category.]
Passenger. Passenger(s) is anyone that is listed on the manifest for any leg of Your Trip. The Primary Client must provide all the Passenger details that are required for the booking.
Peak Days. Peak Days can be found here. On Peak Days, certain restrictions may be in place for Primary Clients, as well as some Members. Peak Days are four (4) days before and after all Holidays and four (4) days before and after all Special Events in the region that the Special Event is occurring. Ad hoc additions may be added to the Peak Days calendar at the discretion of Elevate Jet.
Pet Fee. If You choose to bring a pet onboard the aircraft, a Pet Fee of $250 per animal per Trip will be invoiced to Your Trip, which You must accept and confirm prior to departure. There is a maximum of three (3) pets allowed onboard any aircraft.
Primary Client. The Primary Client is the person that booked and paid for the Trip on the App or website, and is the only person that can make changes to the Trip or confirm the booking or any payments, when necessary, through Your Reservations Page. The Primary Client need not be a Passenger.
Primary Service Area (“PSA”). The Primary Service Area is defined as the Contiguous 48 United States, Canada, Mexico, Belize, Guatemala, Honduras, El Salvador, Nicaragua, Costa Rica, and Caribbean islands (excluding Cuba and Haiti).
Prohibited Items. Prohibited Items include explosives of any kind, including fireworks; illegal substances, including marijuana; certain batteries, oxygen concentrators, and electronic scooters; and Hazardous Materials, including chemicals, some household cleaners, and some aerosols. Certain items may also be prohibited under international regulations.
Reservations Page. Your Reservations can be found on the “My Reservations” page of the App or Website, which shall be referred to as the “Reservations Page” or “Your Reservations” throughout these Terms. Your Reservations act as the receipt, invoice, and detailed itinerary for Your Trip. Any changes to the itinerary of your Trip, payment, invoices, or aircraft will appear in Your Reservations and will need be confirmed by the Primary Client prior to departure.
Round Trip Discount. Jet Card Owners are eligible for certain Round Trip Discounts. Please consult Your personal Jet Card agreement.
Single Crew-Day. One day in which one single crew is able to fly a Trip that departs and returns to the same destination per governmental regulations.
Slot Fee. A Slot Fee is an Additional Charge imposed by some airport authorities to cover the administrative costs of managing and coordinating airport slots, which are authorizations for an airline to operate a specific landing or take-off at a busy airport during a designated time.
Special Event. For the purposes of these Terms, Special Events are considered to be the following: Formula One races, the Super Bowl, the Masters Tournament, the PGA Championship, the US Open (golf), the Open Championship, the Kentucky Derby, the Indianapolis 500, and the Daytona 500.
Special Event Fee. On occasion, when You are booking a Trip to a special event that results in an influx of travelers to the same location at one time, airports at those destinations will charge aircraft operators an extra fee given the increase in demand. Elevate Jet will usually pass on that Special Event Fee to You either at the time of booking, or, if unknown at the time of booking, prior to the Trip upon Your confirmation.
Super-Mid-Size Jet. A Super-Mid-Size Jet is an aircraft that can hold up to eight (8) passengers and has an approximate range of six (6) hours.
Total Trip Price. This is the price that appears on the checkout page of the App or Website when booking Your Trip that includes the full cost of Your Trip at the time of booking. The Total Trip Price includes the Charter Price, plus any Mandatory Additional Charges and Additional Services. Any Mandatory Incidentals will be added to the Total Trip Price at the conclusion of Your Trip.
Trip. A Trip is a flight segment or series of flight segments that are all part of one booking and designated as one Trip under Your Trip Reservations.
Turboprop. A Turboprop is an aircraft that can hold up to seven (7) passengers and has an approximate range of two-and-a-half (2.5) hours.
Ultra-Long-Range Jet. A Ultra-Long-Range Jet is an aircraft that can hold up to thirteen (13) passengers and has an approximate range of twelve (12) hours.
Website. Refers to Elevate Jet’s Online Instant Booking website, that can be found at https://booking.elevatejet.com.
You, Your. You and Your refer to Primary Client, Passenger(s), and any other person that has downloaded this App or used Elevate Jet’s Website or Elevate Jet’s services, subject to these Terms.
- Aircraft Booking. To book an aircraft, the Primary Client may choose a booking, including the Aircraft Category, destination and arrival airports, and date and time, through the App or Website. Payment of the Aircraft Charter Services Price plus any Additional Mandatory Charges known at the time of booking must be made at the time of booking. Once payment is received, the booking will be considered confirmed, and the details will be available on Your Reservations Page in Your account on the App. Further information about your aircraft will be available the day prior to your departure, including your aircraft tail number and the Air Carrier.
- Booking within the PSA. It is advised that You book Trips as far in advance as possible; Elevate Jet cannot guarantee bookings that are within twenty-four (24) hours of departure time when booking a trip within the PSA. If You are attempting to book within twenty-four (24) hours, You will be notified that Elevate Jet is unable to complete the booking and will provide You a way to contact Elevate Jet. If You are an Owner, please see the Owner Addendum for different terms.
- Booking outside the PSA. It is advised that You book Trips as far in advance as possible, and Elevate Jet cannot guarantee booking for Trips outside the PSA that are within seventy-two (72) hours of departure time. If You are attempting to book within seventy-two (72) hours, You will be notified that Elevate Jet is unable to complete the booking and will provide You a way to contact Elevate Jet. Please note that if you are booking a Trip within seven (7) days of Your intended departure time, Elevate Jet requires that you pay via credit card. If You are an Owner, please see the Owner Addendum for different terms.
- Empty Leg Flight. If You are booking an Empty Leg Flight, which will be designated as a “Hot Deal,” Elevate Jet does not guarantee the availability of this flight until full payment is processed and the itinerary of the flight appears in Your Reservations. If the Empty Leg Flight is no longer available, for any reason whatsoever, after Your booking of the flight, Elevate Jet has no obligation to provide You with a replacement flight at the same cost. Note as well, that all Empty Leg Flights are fully Non-Refundable immediately after booking.
- Peak, Holiday, and Special Event Days. Peak Days surround Holidays and Special Events, as defined above, have booking timelines that require You to book further in advance than on regular days:
- Within the PSA:
- If You are attempting to book on a Peak Day surrounding a Special Event, You must book prior to 48 hours before Your anticipated departure.
- If You are attempting to book on a Peak Day surrounding a Holiday, You must book prior to 72 hours before Your anticipated departure.
- Outside the PSA:
- If You are attempting to book on a Peak Day surrounding a Special Event, You must book prior to 96 hours before Your anticipated departure.
- If You are attempting to book on a Peak Day surrounding a Holiday, You must book prior to 120 hours before Your anticipated departure.
- If You are trying to book within the windows as described in this Section 2.4.1., You can request to be contacted by an Elevate Jet service team member for last minute bookings.
- Within the PSA:
- Applicable Terms and Advice. Elevate Jet, in its capacity as an agent for the Primary Client under these Terms, shall facilitate provision of air transportation by a direct air carrier (the “Air Carrier”) as set forth under these Terms, within Your Reservations Page, and any standard terms and conditions of the Air Carrier. Primary Client, on behalf of him/herself and all Passenger(s), acknowledges and agrees that any advice or suggestions made by Elevate Jet regarding proper travel documentation are made as an accommodation to Primary Client and/or Passenger(s) and that Elevate Jet is not responsible for the accuracy of such advice or for the consequences of Primary Client or Passenger(s) traveling with improper or insufficient travel documentation. Primary Client acknowledges that in the event of any conflicts or inconsistencies between these Terms and any specific terms within Your Reservations Page, that the terms within Your Reservations Page shall take precedence over these Terms.
- Schedule. Air Carrier will use commercially reasonable efforts, and the efforts standard in the industry, to comply with the timetable set forth on Your Reservations Page and as Customer’s schedule requires; provided, however, that departure times and flight routes are subject to, and may be altered by, conditions beyond the commercially reasonable control of Air Carrier, including Force Majeure, as defined in Section 14.
- Amendments and Revisions. Primary Client acknowledges that any amendments or revisions to these Terms can be made by Elevate Jet without any written notice to Primary Client.
- Amendments to Your aircraft. Primary Client acknowledges that Elevate Jet may amend Your itinerary on Your Reservations with a different Aircraft Type within the same Aircraft Category or an Aircraft Category of greater value without notice to Primary Client. If a change in Your itinerary results in a downgrade of Aircraft Category, You will be provided the option to accept this change. If You choose not to do so, a full refund will be given within five (5) business days of notification that You do not accept the change.
- Amendments to Your itinerary.
- Unable to Service Your Trip. Departure and arrival times provided to You when booking Your Trip are merely estimates, Elevate Jet does its best to match the times requested. Elevate Jet will make all commercially reasonable efforts to adhere to the itinerary on Your Reservations Page and to notify you as quickly as possible of any changes to your Trip. In the unlikely event where Elevate Jet cannot service Your flight as planned, our customer services team will contact You as soon as possible with options for how to proceed. After that discussion, the option chosen will populate on Your Reservations Page, where Primary Client will be asked to accept the changes in order to proceed with the amended itinerary.
- Changes to Itinerary. Elevate Jet does its best to reflect accurate routing in the booking App, however, operational and regulatory requirements sometimes result in changes to the route or timing of Your Trip for reasons such as, but not limited to, available slot times, air traffic control issues, airport congestion, regulatory or operational constraints, runway issues, airport closures, airport curfews, temporary flight restrictions, or runway or airport construction. Elevate Jet reserves the right to move Your departure up to three (3) hours in either direction of the requested departure time.* Elevate Jet will notify You of any changes. If any of these changes occur more than twenty-four (24) hours prior to departure, Elevate Jet will notify You of the changes and if any of the changes result in Additional Mandatory Charges that increase the price of Your Trip more than ten percent (10%) from what You paid at booking, You will be allowed to cancel Your Trip for a pro rata refund if You choose to do so. Any such refund will be refunded within five (5) business days from the cancelation. If You are Jet Card Owner, please see Your personal Jet Card agreement for additional details.
*When traveling for a Special Event, as defined above, Elevate Jet will not move Your flight in a way that would cause You to miss or be late to any part of the Special Event, unless Customer so desires (i.e. You request to leave early). - Force Majeure. Sometimes, however, changes in Your itinerary may occur within twenty-four (24) hours of departure or while enroute due to these same reasons as mentioned in the prior paragraph, weather, or mechanical issues. Air Carrier and pilot-in-command have full and sole operational control over the aircraft, and if any unplanned stops arise enroute, Elevate Jet does not need to seek any approval from Primary Client or Passenger(s) as it would be considered a Force Majeure, and Primary Client may be responsible for Mandatory Incidentals that originate due to the enroute stop. Any flights that are diverted due to Force Majeure are considered completed. In any such event, Air Carrier and Elevate Jet shall be deemed to have fulfilled their contractual obligations hereunder as if there were no diversion. If You are Jet Card Owner, please see Your personal Jet Card agreement for additional details.
- Unable to Service Your Trip. Departure and arrival times provided to You when booking Your Trip are merely estimates, Elevate Jet does its best to match the times requested. Elevate Jet will make all commercially reasonable efforts to adhere to the itinerary on Your Reservations Page and to notify you as quickly as possible of any changes to your Trip. In the unlikely event where Elevate Jet cannot service Your flight as planned, our customer services team will contact You as soon as possible with options for how to proceed. After that discussion, the option chosen will populate on Your Reservations Page, where Primary Client will be asked to accept the changes in order to proceed with the amended itinerary.
- Peak Day Amendments. If traveling on Peak Days, Elevate Jet reserves the right to move Your departure or arrival time three (3) hours in either direction from what is listed in Your Reservations Page. When traveling for a Special Event, as defined above, Elevate Jet will not move Your flight in a way that would cause You to miss or be late to any part of the Special Event, unless Customer so desires (i.e. You request to leave early).
- Total Trip Price.
- The Total Trip Price shall be set forth by Elevate Jet and shall be agreed to by the Primary Client by accepting the booking proposal and its Terms and making full payment. At applicable points following confirmation of booking, Elevate Jet shall inform Customer of any Additional Mandatory Charges not known at the time of booking.
- Flight Taxes are calculated at the time of booking and will be shown as a line item on the Total Trip Price.
- Certain Additional Services can be added to Your Trip at the time of booking or after booking, through the App. Confirmation of Additional Services made at the time of booking will be shown on Your Reservations Page. Confirmation of any Additional Services requested after booking will be completed by making payment through the App or online when notified, and then appear in Your Reservations.
- Additional Charges.
- Pet Fee. A flat rate Pet Fee charge of $250 per pet per Trip will be added to Your invoice at the time You request to bring a pet onboard. Elevate Jet reserves the right to charge an Excessive Cleaning or Damage Fee at the conclusion of the charter if Your pet has caused an excessive damage or mess. If You require more than three (3) pets, You may seek an exception by contacting Elevate Jet through the App, but if no exception is made and You choose to cancel Your Trip instead, the full Cancellation Fees will apply to Your Trip. If You are Jet Card Owner, please see Your personal Jet Card agreement for additional details.
- WiFi. WiFi is not an Additional Charge on domestic flights within the contiguous 48 states, however, Light Jets, Turboprops, and Mid-Size Jets do not guarantee WiFi, but Elevate Jet will make every attempt to source an aircraft that has it. For any flight outside of the contiguous 48 states (a “Non-Continental” flight), only the Heavy and Ultra-Long-Range Jets have WiFi available and it cannot be guaranteed. If WiFi is available on a Non-Continental flight, it will come at an additional cost that will vary depending on the Aircraft Type, the type of WiFi, and potentially the distance or location of the flight. Once an aircraft has been sourced for Your Trip and the tail number has been provided (usually, the day before Your Trip), Elevate Jet’s client services team will be in touch to discuss the WiFi system available, if applicable, so that You can decide whether to activate this service on Your flight and incur the charge for the Additional Service. Note that whether a domestic or Non-Continental flight, Elevate Jet cannot guarantee that the WiFi on board is in working order; if You have paid for Non-Continental WiFi and it does not work, however, You will be provided a refund within five (5) business days of the flight equal to the WiFi fee. If You are Jet Card Owner, please see Your personal Jet Card agreement for additional details.
- Excessive Cleaning and Damage. If upon completion of Your Trip, the Air Carrier finds any damage or need for cleaning that is above and beyond what is typical, Elevate Jet will invoice Your account the applicable Excessive Cleaning or Damage Fee, which You hereby agree to pay within three (3) days of receipt.
- Payment Schedule. The Primary Client, unless a Member or Owner, shall make payment of the Total Trip Price known at the time of booking immediately upon booking in order to confirm Your flight. If You are Jet Card Owner or Member, please see Your personal agreement for additional details; this Section 8 does not apply
- Methods. Although a valid credit card is required to be on file prior to Your Trip, Primary Client may choose to make payment either through ACH or with any valid credit card in the Primary Client’s name, provided You are booking with enough lead time to pay via ACH (refer to Section 2 for more information). Elevate Jet will only accept payment with a credit card in the name of the Primary Client.
- For ACH Delivery:
Primary Bank Routing Number: 021000021
Account Number: 858600601
Account Name: Elevate Jet, LLC - Primary Client agrees to be bound by all applicable provisions of the Nacha rules as they pertain to any transaction.
- For ACH Delivery:
- Credit Card Authorization. Primary Client, whether choosing to make payment with a credit card or by ACH, must provide Elevate Jet a valid credit card prior to the first departure of Your Trip (typically between twenty-four (24) and seventy-two (72) hours), and by doing so, authorizes the use of the credit card on file to be held on file for any payment, Additional Mandatory Charges, Additional Services, or Mandatory Incidentals, as well as authorize a five percent (5%) Convenience and Merchant Processing Fees. Primary Client shall use a valid credit card with capacity sufficient to hold the full cost of Your Trip until all portions of Your Trip have concluded and final invoice has been paid.
- Payment Type. While Elevate Jet understands Your desire to pay either through credit card or ACH, Elevate Jet requires payment to be made with credit card if You are booking within seventy-two (72) hours within the PSA or within 120 hours if booking outside the PSA.
- Elevate Jet’s Right to Cancel. Elevate Jet reserves the right to cancel Your booking if Your payment, whether by ACH or by credit card, fails or is declined. Elevate Jet will provide notice if this occurs and Elevate Jet may, if and only if, time allows, provide You the opportunity to correct this error before proceeding with sourcing Your booking. If the credit card You furnish prior to Your Trip per Section 8.1 above is declined when a hold is run, Elevate Jet also reserves the right to cancel Your Trip within its discretion.
- Empty Leg Flight. If the Primary Client is requesting an Empty Leg Flight, then Elevate Jet shall hold, and Customer authorizes Elevate Jet to hold, the deposit for twenty-four (24) hours until confirmation by Elevate Jet of the booking, at which point the entire Total Trip Price, including any known Additional Mandatory Services known at the time of the booking, is due. If Primary Client is paying by credit card, Elevate Jet will run the credit card when it confirms on its end that the Empty Leg Flight requested is still available. Note that, while not yet confirmed by Elevate Jet, all Empty Leg Flights are Non-Refundable immediately after booking.
- Additional Services. If Primary Client has ordered Additional Services for a flight through the App, Elevate Jet will promptly send a quote for such Additional Services. To confirm the Additional Service, either make payment through ACH or confirm approval and Elevate Jet will run the Primary Client’s credit card on file.
- Missed Payments. While Elevate Jet intends that no flight be flown with any outstanding invoices unpaid or charges on file, in the event that charges are incurred during or after a flight, any amount payable will be shown in Your Reservations Page and must be paid within three (3) business days of invoice. Any amount due and not paid after three (3) business days will accrue a late fee equal to the lower of 1.5% per month or the maximum rate of interest allowed by applicable law. If payment is not received by the date specified, Elevate Jet may, without prejudice, charge the Primary Client’s credit card for the full amount of the outstanding invoice including a 5% Convenience and Merchant Processing Fees. If the Primary Client reasonably and in good faith disputes that any portion of any amount claimed by Elevate Jet is due, then Primary Client shall timely pay any undisputed portion of the amount and provide Elevate Jet with written notice specifying the disputed amount and the basis for the dispute in reasonable detail. Elevate Jet will consider the basis of the dispute but may nevertheless, at its option, charge the Primary Client’s credit card for any unpaid amount including a 5% Convenience and Merchant Processing Fees.
- Methods. Although a valid credit card is required to be on file prior to Your Trip, Primary Client may choose to make payment either through ACH or with any valid credit card in the Primary Client’s name, provided You are booking with enough lead time to pay via ACH (refer to Section 2 for more information). Elevate Jet will only accept payment with a credit card in the name of the Primary Client.
- Standard Cancellation Policy. Once the booking is confirmed—by payment of the Total Trip Price—in the event that: (a) the Primary Client elects to cancel the charter; (b) the charter is canceled by Elevate Jet because of Primary Client's failure to make payment; or (c) the charter is canceled by Elevate Jet because Elevate Jet and/or Air Carrier reasonably determine that Primary Client and/or Passenger(s) is ineligible for air charter transportation under applicable law or regulation, provided Elevate Jet will use reasonable best efforts to allow Primary Client to cure such non-compliance with applicable law or regulations; then Primary Client agrees that Primary Client may be assessed, not as a penalty, but as liquidated damages, a Cancellation Fee as indicated below:
- Within the Primary Service Area (PSA). If You are Jet Card Owner or Member, please see Your personal agreement for additional details.
- All Non-Refundable flights, as defined in Section 1, are subject to a Cancellation Fee equal to 100% of the applicable Total Trip Price for such flight immediately upon booking.
- For Partially Refundable flights, as defined in Section 1, the Cancellation Fee shall be:
- 10% of the Total Trip Price if notice of cancellation is provided in writing through the App or on the Website at least seven (7) days (that is, more than 168 hours) prior to the time of the first departure date listed in Your Reservations;
- 50% of the Total Trip Price if notice of cancellation is provided in writing through the App or on the Website less than 168 hours and more than ninety-six (96) hours prior to the time of the first departure date listed in Your Reservations;
- 85% of the Total Trip Price if notice of cancellation is provided in writing through the App or on the Website less than ninety-six (96) hours and more than seventy-two (72) hours prior to the time of the first departure date listed in Your Reservations; and
- 100% of the Total Trip Price if notice of cancellation is provided in writing through the App or on the Website less than seventy-two (72) hours prior to the time of the first departure date listed in Your Reservations.
- Outside the PSA.
- All Non-Refundable flights, as defined in Section 1, are subject to a Cancellation Fee equal to 100% of the applicable Total Trip Price for such flight immediately upon booking.
- For Partially Refundable flights, as defined in Section 1, the Cancellation Fee shall be:
- 10% of the Total Trip Price if notice of cancellation is provided in writing through the App or on the Website at least ten (10) days (that is, 240 hours) prior to the time of the first departure date listed in Your Reservations;
- 50% of the applicable Total Trip Price if notice of cancellation is provided in writing through the App or on the Website more than seven (7) days (that is 168 hours) and less than ten (10) days (that is, less than 240 hours) prior to the time of the first departure date listed in Your Reservations; and
- 100% of the applicable Total Trip Price if notice of cancellation is provided through the App or on the Website less than seven (7) days (that is, less than 168 hours) prior to the time of the first departure date listed in Your Reservations.
- 10% of the Total Trip Price if notice of cancellation is provided in writing through the App or on the Website at least ten (10) days (that is, 240 hours) prior to the time of the first departure date listed in Your Reservations;
- Empty Leg Flights.
- If the flight is no longer available after booking, Elevate Jet shall issue a full refund, or if the Primary Client chooses, receive account credit for use on a replacement or future flight within five (5) business days of booking the flight.
- If Primary Client cancels the flight at any time after booking, Primary Client is subject to a Cancellation Fee equal to 100% of the applicable Total Trip Price, and any Additional Charges or Services paid, at the time of booking, provided the flight was still available and Elevate Jet was able to complete the booking.
- Notwithstanding the foregoing, in the event of any conflict or inconsistency between the Cancellation Policy set forth in this Section 9 and any terms governing cancellation set forth on Your Reservations Page, the terms set forth on Your Reservations Page shall control.
- Late Arrival. It will be considered a Late Arrival if You or any Passenger arrive at Your departure airport later than thirty (30) minutes prior to the departure time listed on Your Reservations Page. While Elevate Jet will use its best efforts to assure that Your Trip can still take off, certain airports have strict departure slots and may not be able to accommodate any Late Arrival. It is also possible that Your Late Arrival disrupts the aircraft crew’s ability to operate the aircraft. In the event that You or a Passenger makes a Late Arrival, Elevate Jet will make every attempt to accommodate, but there is no guarantee that the flight will still be able to operate based on items beyond Elevate Jet’s control; Elevate Jet may be forced to cancel the flight and if this is due to Your Late Arrival, You will not be eligible for any refund and the flight is subject to the 100% Cancellation Fee. Elevate Jet will attempt to rebook Your flight at the Primary Client’s option, subject to any charges that Elevate Jet may incur in doing so.
- Within the Primary Service Area (PSA). If You are Jet Card Owner or Member, please see Your personal agreement for additional details.
- Operational Control. The Air Carrier and pilot-in-command shall have complete authority and discretion over the aircraft, support facilities and all matters concerning the preparation and operation of the aircraft including the suitability of the weather and landing areas, the condition of the aircraft for flight, landing of the aircraft, the manner of flight and all other factors affecting flight safety. In this regard, the pilot-in-command shall have sole discretion to determine whether flights should be rerouted, shortened, delayed, terminated or refused. If Elevate Jet, the Air Carrier, or the pilot-in-command determines that landing facilities at any point on the flight route(s) are not adequate or safe for landing purposes, or if landing is prohibited or restricted by law, regulations, adverse weather, or operating conditions, Air Carrier may substitute an alternate airport where adequate and safe facilities are available and landing may be accomplished. In any such event, Air Carrier and Elevate Jet shall be deemed to have fulfilled their contractual obligations hereunder as if there were no diversion. Elevate Jet and Air Carrier shall have no liability to the Primary Client or Passenger(s) for delays or cancellation caused by over-flight restrictions or the unavailability of landing slots at any intermediate or final destination. In the event of such an occurrence, all efforts will be made and options presented to complete the Trip as close to the original itinerary as possible, but it may result in Additional Charges.
- Availability of Charter.
- Substitution. Elevate Jet shall use commercially reasonable efforts to meet the departure times set forth on Your Reservations Page. Elevate Jet shall be entitled, without the consent of the Primary Client or any Passenger(s), to substitute one or more aircraft of equal or greater quality for the aircraft specified on Your Reservations and is authorized to subcontract the performance of the flights to any qualified direct air carrier provided the substitution or subcontract is suitable for the flights and accommodates the number of passengers and maximum weight capacity in the original booking (i.e. the flight is within the same or higher Aircraft Category as listed on Your Reservations). Elevate Jet shall make commercially reasonable efforts to provide advance notice of any alterations or substitutions to Primary Client, and any such change will appear on Your Reservations Page.
- Departure. Air Carrier will make Your aircraft available for loading by Primary Client and/or Passenger(s) at a reasonable time prior to departure, typically within thirty (30) minutes of the departure time listed in Your Reservations. In the event on-loading and/or off-loading are not completed as of the scheduled time of departure, and the delay is caused by an act or omission of the Primary Client or any Passenger(s), Primary Client shall pay reasonable Additional Charges as necessary. If Additional Charges are known prior to departure, Primary Client will be required to approve and pay such Additional Charges prior to take-off. If Additional Charges are not known prior to departure, then Primary Client will be invoiced these Additional Charges once known and shall pay such invoice within three (3) days of receipt. Any amount due and not paid after three (3) business days will accrue a late fee equal to the lower of 1.5% per month or the maximum rate of interest allowed by applicable law. If payment is not received by the date specified, Elevate Jet may, without prejudice, charge the Primary Client’s credit card for the full amount of the outstanding invoice including a 5% Convenience and Merchant Processing Fees.
- Hazardous Substances and Misuse. Primary Client and Passenger(s) shall not transport any Prohibited Items or Hazardous Materials of any type. Primary Client shall be responsible to Air Carrier and Elevate Jet for all damages incurred by reason of the breach of this paragraph. Primary Client shall be responsible for the cost of cleaning, repair or replacements as may be necessary as a result of extraordinary wear and tear, damage, or misuse of aircraft or its contents caused by Primary Client and/or Passenger(s), as described in the Excessive Cleaning or Damage Fee clause in Section 7.3.
- Documentation.
- Primary Client shall be solely responsible for entering all Passenger information into the manifest within the App. Primary Client shall only be allowed to enter information for the maximum number of Passenger(s) allowed on the Aircraft Type. Should any Passenger change, Primary Client must remove that Passenger before adding another Passenger if the manifest is at capacity.
- Primary Client shall be solely responsible for ensuring that each Passenger has all required Identification and documents for travel, including REAL ID-compliant driver's license or government-issued photo ID, passports, visas and similar documentation, and shall be solely responsible for the cost of any delays or fines caused by the failure of any Passenger to produce required documentation upon request by competent authorities. If a delay is caused by failure to have the proper Identification and documentation, it will be considered a Late Arrival and subject to the same terms described in Section 9.5.
- If traveling outside of the United States, in addition to the required documentation, it is the Primary Client’s responsibility to make sure that the Primary Client and/or all Passenger(s) have any required vaccination (and proof thereof) and proof of their return flight, if required. If a delay or cancelation is caused by failure to have the necessary international requirements, it will be considered a Late Arrival or Cancelation of a Non-Refundable Flight and subject to the same terms described in Section 9.5 and 9.2.1, respectively.
- Force Majeure.
- Definition of Force Majeure. Neither Air Carrier nor Elevate Jet is responsible for delays, cancelations, interruptions, losses, or damages of any kind caused, in whole or in part by an act of Force Majeure, which includes, but is not limited acts of God, earthquake, flood, fire, explosion, hurricane, or any other weather-related condition, inability to obtain fuel, epidemic or pandemic, quarantines, public enemy, military emergency, conflict or war, terrorist acts, the absence, refusal, or unsatisfactory nature of any necessary governmental authorizations, FAA, or air traffic control directives, permits or any other required approvals, availability of landing slots, damage or accident to or failures, mechanical difficulties or breakdown of the Aircraft or any part thereof or any machinery or apparatus in connection therewith that is out of Air Carrier’s control, strikes, lockouts, labor disputes, any unscheduled use of Aircraft, or any other acts, matters or things, whether or not of a similar nature, beyond the reasonable control of Air Carrier or Elevate Jet.
- If the Primary Client or Passenger(s) is sick, suffers personal injury, is hospitalized, has a death in the family, or suffers from any other personal scenario that results in them being unable to make the flight, it is not considered Force Majeure; in any of these instances, Elevate Jet is expressly not contractually obligated to provide any type of refund and it is Elevate Jet’s hope that other Passenger(s) will still be able to complete the Trip.
- Any flights that are diverted due to Force Majeure are considered completed. In any such event, Air Carrier and Elevate Jet shall be deemed to have fulfilled their contractual obligations hereunder as if there were no diversion. Elevate Jet and Air Carrier shall have no liability to Primary Client for delays or cancellation caused by over-flight restrictions or the unavailability of landing slots at any intermediate or final destination.
- If any aircraft is unable to complete a portion of an itinerary due to adverse weather, operational, or mechanical reasons, or other Force Majeure, Primary Client shall be notified as soon as possible and Elevate Jet shall credit to Primary Client all proposed charges with respect to the canceled charter flight legs, less actual costs to Elevate Jet associated with the flight or its cancellation. Flights operated on a delayed or subcontracted basis will not be eligible for credit.
- Baggage. No Prohibited Items are allowed onboard or in the luggage of the Your aircraft. In addition, no firearms, explosives, or knives, are allowed on board the aircraft, but certain items may be able to be packed inside baggage that is stored under the aircraft. Please review this firearm and ammunition policy. The amount of luggage allowed on board is based on aircraft capacity as determined by the crew. Please ensure you book an Aircraft Type that is large enough to carry all your required baggage and review our Help Center for more information.
- Compliance with U.S. Department of Transportation Regulations and Applicable Law. Primary Client and Passenger(s) shall be deemed to have notice of, and shall comply in all respects with all applicable regulations of the United States Department of Transportation, and all other applicable laws, rules, or regulations issued by any governmental entity having jurisdiction over the flights to be operated. Primary Client hereby represents and warrants that it will not hold out, offer or re-sell in any manner the transportation described on Your Reservations Page and these Terms. Primary Client acknowledges Elevate Jet does not hold authority as an Air Carrier from the United States Department of Transportation under 49 U.S.C. 41101 and 41102. Primary Client confirms Elevate Jet has not represented itself as a Direct Air Carrier nor an Indirect Air Carrier but is acting solely as an agent on behalf of Primary Client in this transaction. Primary Client represents and warrants that each group for which it books air charter hereunder will be a “Single Entity” as defined by the US Department of Transportation. Elevate Jet acts as agent for its Primary Clients in negotiating and facilitating transportation with licensed air carriers. Elevate Jet does not own or operate aircraft.
- Indemnity.
- Primary Client, on behalf of him/herself and all Passenger(s), shall indemnify, defend, and hold Elevate Jet, its officers, directors, employees, agents, contractors, affiliates, successors, and assigns harmless from and against all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs and expenses (including reasonable attorneys’ fees and costs) by any person or entity arising out of or relating to: (a) Primary Client's and/or any Passenger(s)' use of the Services or aircraft; (b) Primary Client's and/or any Passenger(s)' violation of these Terms or any applicable law, regulation, or rule; (c) Primary Client's and/or any Passenger(s)’ negligent acts, omissions, or willful misconduct; (d) any false, inaccurate, or misleading information provided by Primary Client or any Passenger(s); (e) Primary Client's and/or any Passenger(s)' breach of any representation, warranty, or covenant herein; (f) any damage to the aircraft or equipment caused by Primary Client or any Passenger(s); (g) Primary Client's and/or any Passenger(s)’ violation of any third party’s rights; or (h) any claim related to Primary Client's and/or any Passenger(s)’ conduct during any flight or ground services. This indemnification obligation shall survive termination of these Terms.
- Elevate Jet shall indemnify, defend, and hold Primary Client and any Passenger(s) harmless from all claims by any person or entity for any loss, claim of damage or liability arising solely and directly out of Elevate Jet’s gross negligence or willful misconduct in the performance of flight operations; provided, however, Elevate Jet’s liability shall be limited to direct damages only and shall not exceed the total amount paid by Primary Client for the specific flight giving rise to the claim. In no event shall Elevate Jet be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, or data.
- Limitation of Liability.
- No Consequential Damages. Notwithstanding any other provision in these Terms, Elevate Jet’s maximum liability whatsoever arising out of or in connection with these Terms or any flight under these Terms, shall not exceed in the aggregate payments made hereunder within the last six (6) months, or, if related to any certain Trip, the payments made for that Trip, including for any contractual liability (including but not limited to any implied contract terms, statutory or otherwise), negligence, strict liability or other legal or equitable theory (to the extent permitted by applicable law). Elevate Jet shall never be responsible for any consequential, indirect, special, or punitive damages (including but not limited to loss of profit, loss of income, loss of business etc.) arising out of or in connection with these Terms or any particular flight or booking under these Terms, other than those liabilities that cannot be limited by law.
- Not Liable for Third Parties. Elevate Jet is not responsible for any negligent act or omission by an Air Carrier or its personnel and is not responsible for any personal injury, property damage, accident, delay, or inconvenience, and is not liable for any claims arising out of any occurrence, accident, or incidents on or in connection with Your aircraft operated by an Air Carrier, including, without limitation, all personal injuries, property damages, or wrongful death. Elevate Jet is not liable for the actions or inactions of third parties, including vendors, airport operators, or air traffic control systems.
- Warsaw Convention. International air transportation, with regard to passenger and cargo liability to the extent applicable, shall be subject to the Warsaw Convention as amended, concerning the transportation by air of passengers, baggage and cargo.
- Insurance. Elevate Jet shall only use Air Carriers that meet the following insurance requirements:
- Maintain a certificate of insurance of aircraft liability insurance for bodily injury passenger liability, as well as non-passenger liability and including property damages liability with a minimum limit of liability of $25,000,000.00 per occurrence. Maintain a certificate of insurance of combined single limit liability insurance coverage with a minimum limit of liability of $25,000,000. These are guaranteed minimums, based on commonly available coverage limits, but the actual coverage limits may be higher.
- Elevate Jet will direct Air Carrier to add all Passenger(s) as additional insured parties under the Air Carrier’s aviation liability insurance coverage with respect to flights taken on aircraft by such Air Carrier. The Passenger(s) acknowledge that, because of the number of different Air Carriers and insurance policies, this identification will be done as a category of covered persons and individual parties shall not be identified by name.
- Elevate Jet shall direct Air Carrier to include a clause stating that the Air Carrier’s insurance is primary, without a right of contribution from the additional insureds, as well as a waiver of subrogation, in its policies for the benefit of the additional insureds
- You agree to accept the proceeds of these insurance coverages as Your sole recourse against Elevate Jet or any Air Carrier for any loss or damage, including, without limitation, injury, death, or property damage to any Passenger; provided, however, that this limitation shall not apply in the event that Elevate Jet or an Air Carrier is proven to have exhibits gross negligence or willful misconduct, with respect to the insurance coverages they have arranged.
- You acknowledge that the protection afforded You by the coverages described above may be invalidated or otherwise limited if You or any Passenger(s) on a flight engage in negligent, grossly negligent, or willful misconduct, or have committed fraud.
- Miscellaneous.
- Non - Assignability. No charter or Reservation listed in Your Reservations may be assigned by Primary Client without the prior written consent of Elevate Jet.
- Arbitration, Venue, and Choice of Law. Elevate Jet and Primary Client agree that the subject matter of these Terms and/or any flights covered on Primary Client’s account in the App or the Website, will be governed by the laws of the State of Florida, without regard to its conflict of laws principles, and to the extent applicable, federal laws of the United States. Any dispute arising out of or in connection with these Terms and/or any flights covered under Primary Client’s account shall be first escalated internally to Elevate Jet’s General Counsel to resolve any dispute. If the dispute cannot be resolved, it shall be settled by binding arbitration before a panel of one (1) arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Judgment on the award may be entered in any court of competent jurisdiction. The location of the arbitration shall be virtual, conducted via videoconference or other remote means. If all parties expressly agree in writing, the arbitration may be held in person, in which case the exclusive location shall be Miami-Dade County, Florida. All arbitration proceedings shall be conducted on an individual basis only. You and Elevate Jet expressly waive any right to bring or participate in a class action, class arbitration, or representative proceeding. This clause shall be construed broadly and shall survive the termination of these Terms.
- Attorney's Fees. In the event of any controversy, claim, or dispute between the parties arising out of or relating to subject matter of any charter and its related Reservations, or these Terms, and/or any flights covered under the foregoing, the prevailing party shall be entitled to recover reasonable attorney’s fees, expenses, and cost of suit. This clause shall survive the termination of these Terms.
- Disclaimers.
- Elevate Jet. Elevate Jet is an Air Carrier operating under FAA Air Carrier Certificate #B8MA127H. In addition, Elevate Jet may act as a broker that arranges or sells single entity, on-demand air charter transportation, and all flights are arranged by Elevate Jet as an agent for the Primary Client. Charter flights arranged for Primary Client using Air Carriers other than Elevate Jet will be offered exclusively on Air Carriers holding the required Air Carrier Certificate under 14 C.F.R. Part 135 or 14 C.F.R. Part 121 (or an equivalent license as a foreign air carrier under applicable foreign law). Therefore, in addition to these Terms, the Air Carrier’s own terms and conditions will apply to all Passengers.
- Warranty. Except as expressly stated herein, Elevate Jet makes no representation or warranties of any kind as to any matter arising out of these Terms, the services provided to You or any Passenger(s). Elevate Jet hereby disclaims all other warranties, express or implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose or arising out of course of dealing, course of performance, or usage in trade. You acknowledge and agree that the entire risk out of Your use of the services provided hereunder (including any use of software), and any third-party services or products remain solely with You to the maximum extent permitted by law.
- Agent. Elevate Jet does not own or operate any aircraft. Elevate Jet acts as your agent in arranging any Trips under these Terms.
- Intellectual Property. Elevate Jet (and its licensors, where applicable) shall own all right, title, and interest, including all related intellectual property rights, in and to the services provided hereunder, including all software. Elevate Jet also, to the extent allowed under the law and Elevate Jet’s Privacy Policy, shall own any suggestions, ideas, feedback, recommendations, and other information provided by You or any other party relating to the services provided hereunder. The Elevate Jet name, logo(s), and the names associated with the services provided hereunder are registered trademarks and no right or license is granted to use them.
- Severability. Should any provision of these Terms, as well as any associated Reservations for a charter Trip booked through the App or Website, be held unenforceable or invalid for any reason, such provision shall be severable only to the extent of such unenforceability or invalidity, and the remaining portions thereof shall remain in full force and effect.
- Confidentiality. Elevate Jet shall maintain confidential Customer and passenger identities except as required in flight manifests or as otherwise required by law. Except for such required disclosures, Elevate Jet and Customer shall otherwise comply with any separate Confidentiality or Non-Disclosure Agreement between them. Elevate Jet may from time-to-time request of certain clients who are public figures for permission to use their relationship with Elevate Jet as a reference. All such requests are made in writing and require positive approval before such references can be made public by any team member.