Terms & Conditions - VIP Vegas Packages

Terms and Conditions
Client (referred to herein as 'Client' or 'you') hereby engages 360 Jets. Inc., a Nevada Corporation ('360 Jets'), to act as its broker to arrange for the charter services described on the Charter Itinerary provided when booking each trip, to which these Standard Terms & Conditions are annexed, or applied to, on behalf of Client from third party certified air carriers operating under Part 135 of the Federal Aviation Administration ('FAA') Regulations (Section 14, Code of Federal Regulations). By signing and agreeing to the Charter Quote, Charter Itinerary or Invoice provided by 360 Jets you are automatically agreeing to the Terms and Conditions set forth in this agreement, for each and every instance. By booking a flight with 360 Jets and signing a written contract for the VIP Vegas Package, you acknowledge that you agree to these terms and conditions.

RESERVATIONS & CANCELLATIONS
All requests for services are subject to acceptance by 360 Jets. 360 Jets hereby expressly reserves the right to accept or reject any reservation requests for any reason, or for no reason, whatsoever. Your Charter Itinerary will be delivered by fax or email from 360 Jets providing a confirmation number and the estimated price quote, and specifying the date(s) and departure time of travel, flight segments arranged on your behalf, aircraft type, package accommodation details and other requests specified by you when booking your flight. You will be requested to sign and return a copy of the Charter Itinerary signifying confirmation of its contents and consent to these Standard Terms & Conditions.

Client understands and acknowledges that the cancellation of any Reservation or portion thereof within seven (7) calendar days of the scheduled departure date will result in a cancellation charge of up to 100% of the quoted price for the trip. These terms will be noted on the charter quote based on the operator selected for the flight. Confirmed departures within seven (7) days of Peak Travel Days, as defined in the next section, are nonrefundable, and the cancellation of any confirmed reservation within seven (7) days of departure either prior to or after the Peak Travel Days will result in a cancellation charge of up to 100% of the quoted price for the trip.

Client acknowledges that any change in date, time, itinerary, number of passengers or type of aircraft may be deemed a cancellation and be subject to a cancellation charge. Client acknowledges that a "no show" will be considered a cancellation and the Client will be charged 100% of the cost of the trip. Other types of cancellations charges may include, but are not limited to: costs incurred as a result of partial completion of itinerary, including but not limited to return of aircraft to its base, plus the greater of: (i) costs incurred for specifically positioning and repositioning an aircraft and flight crew in preparation for the cancelled trip, (ii) flight charges equivalent to two hours of operation for each day of the cancelled itinerary, or (iii) any fees incurred by 360 Jets as a result of the Client's cancellation. 360 Jets reserves the right to change the terms of its cancellation policy at any time.

Any cancellation of any confirmed Charter Itinerary or portion thereof may be subject to the terms and conditions of the specific air carrier selected. 360 Jets assumes no responsibility for the disposition or cancellation of any reservation, either by Client or air carrier. ALL ONE WAY CHARTER RESERVATIONS OR CHARTERS THAT END IN A DIFFERENT DESTINATION THAN THE ORIGINAL DEPARTURE CITY ARE NOT SUBJECT TO CANCELLATION OR REFUNDS, AND ARE SUBJECT TO A 100% CANCELLATION FEE AT TIME OF BOOKING.

PEAK TRAVEL DAYS
These include the following: New Year's Day, President's Day, Easter Sunday, Passover, Memorial Day, Fourth of July, Labor Day, Thanksgiving, Christmas, and the Super Bowl. The term "Peak Travel Days" includes the day noted, as well as the four days prior and four days after.

PACKAGE AMENITIES
All package amenities are booked through 360 Jets. For all special requests not included in the package, 360 Jets will act as the agent and secure requested amenities to the best of the company's ability, subject to availability.
  • CHARTER: Your roundtrip private charter will be booked through 360 Jets as your broker and the actual flight will be operated by a FAR Part 135 operator. The United States Federal Aviation Administration (FAA) regulates the charter operators that services 360 Jets' clients, under FAA Regulation 135. Regulation 135 establishes the safety, maintenance, and operations standards for private jet safety and charter aircraft operators. All of our flights are operated by Part 135 carriers.
  • MAYBACH 62: The Maybach 62 ground transportation service is only available for Clients within 30 miles of a Los Angeles County airport. The chauffeured service can accommodate up to two (2) passengers and two (2) full-size luggage. If accommodations require more space for luggage and/or passengers, an alternative method of transportation will be provided at the discretion of 360 Jets.
  • LIMOUSINE: Dependent upon your hotel, the limousine ground transportation service will be provided by hotel services. If the service is not available, 360 Jets will provide transportation from a Las Vegas County airport to your hotel.
  • HOTEL: Hotel suites are booked through a hotel selected by 360 Jets unless otherwise requested by the Client to book at a specific venue, or if rooms are no longer available on the requested date and time. 360 Jets does not guarantee availability.
  • CHAMPAGNE: Upon boarding your private jet, the flight operator will provide a bottle of chilled champagne for your enjoyment. Client may request a different beverage other than Champagne, however the requested must be at time of booking. Change must be submitted seven (7) days prior to the trip and is not guaranteed. The consumption of any alcoholic beverages must be only by passengers 21 years of age or older.
  • BREAKFAST (PACKAGE TWO & THREE ONLY): The breakfast in bed service will be provided by the hotel. The available credit is $100 and may be used towards food, drinks and any expense related to the breakfast service. Any amount over $100 will be billed to the Client directly via the card on file. Client pre-authorizes 360 Jets or its assigned affiliate to charge their card for any overages.
  • VIP TABLE (PACKAGE TWO & THREE ONLY): The VIP Table includes VIP entrance (up to four (4) people) and bottle service. 360 Jets will secure two (2) premium bottles for the table, including associated gratuity fees. Any extra bottles or costs associated beyond what 360 Jets provide will be billed directly to the Client.
  • DINNER (PACKAGE THREE ONLY): Client will have a choice between a select list of fine dining establishments available in Las Vegas. The reservation will be secured by 360 Jets. Client must indicate the preferred dining establishment a minimum of 10 days prior to the date of the reservation. 360 Jets cannot guarantee availability. The available credit is $300 and may be used towards food, drinks any expense related to the dinner service. Any amount over $300 will be billed to the Client directly.
  • SPA (PACKAGE THREE ONLY): Spa service is provided through the spa establishment located within the hotel. The available credit is $300 and may be used towards any spa service and expense. Any amount over $300 will be billed to the Client directly.
PRICE QUOTES
The cost estimate provided to Client for each specific Charter Itinerary, is subject to the following:
  • Domestic flights may be subject to the federal excise tax and federal departure tax, respectively. 360 Jets will add the applicable tax, using the current rate, to each charter invoice, and Client will pay such amounts. Client understands that the cost estimate provided by 360 Jets will include estimates for certain cost items. Client will pay the actual amount of applicable taxes, flight fees, fuel surcharges, overflight permits, landing charges, catering costs, flight phone, crew trip expenses, and similar out-of-pocket expenses relating to the services provided should these amounts differ from the original cost estimate. ALL ONE WAY CHARTER RESERVATIONS ARE NOT SUBJECT TO CANCELLATION OR REFUNDS, AND ARE SUBJECT TO A 100% CANCELLATION FEE AT TIME OF BOOKING. PLEASE NOTE THAT DEICING COSTS IS NOT INCLUDED IN THE QUOTE AND CAN VARY DEPENDING ON CONDITIONS AND SIZE OF AIRCRAFT. THE DEICING CHARGES WILL BE BILLED ACCORDINGLY AFTER THE TRIP IS COMPLETE.

    If a deviation from the original itinerary is requested by Client and agreed to by 360 Jets, or if any such deviation is caused or necessitated by Client's actions, then the amount owed by Client to 360 Jets may differ from the original cost estimate. Client hereby agrees to pay any and all charges associated with such deviations from the original cost estimate and/or Charter Itinerary.
  • PAYMENT TERMS: You agree to pay all costs, fees and expenses as set forth on the cost estimate and/or Charter Itinerary, as well as all additional costs and expenses associated with your flight and package accommodations (including, but not limited to, taxes, surcharges and fees set forth above, and damages as set forth in section f, below). 360 Jets may require either payment in advance or an acceptable credit card guarantee. By providing your credit card information, you authorized 360 Jets to obtain payment from the issuer of the credit card you presented. If you do not make payment by another means, you agree to perform the obligations set forth in your agreement with your credit card issuer plus a 4% convenience fee added to the total amount due. However, your credit card will only be charged if 360 Jets fails to receive payment from you within seven (7) days after receipt of an itemized invoice sent to you for completion of your flight. Client will pay 360 Jets (a) the rate of the lower of (i) one percent per month, or (ii) the highest percentage permitted by law on any charges outstanding more than 30 days after the receipt of invoice, plus (b) the reasonable costs (including attorney's fees) for the collection of any past due fees, expenses and charges there under. If other payment terms have been made available to you, they will be stated in the charter quote provided along with when the payments are due.
  • ACKNOWLEDGMENT OF OPERATIONS: Client acknowledges that 360 Jets is acting solely as a broker and is not an air carrier. Client acknowledges that 360 Jets does not operate the flights or provide the other services that Client authorizes 360 Jets to book on Client's behalf. Client further acknowledges that the air charter suppliers have sole responsibility, liability and control of all aspects of the aircraft charter services provided to Client, including without limitation, aircraft availability and pricing, the commencement and termination of scheduled flights, the operation, regulation, condition and safety of the flights, passengers, baggage and cargo and other people and events associated with Client's air travel, such as crew performance and catering services.
  • SAFETY OF OPERATION: Without limitation, you acknowledge and agree that the air charter suppliers and/or their pilots, crewmembers, employees and/or agents will be solely responsible for all decisions regarding safety determinations with respect to the commencement, operation and termination of flights. Client further acknowledges that 360 Jets bears no responsibility for decisions regarding such safety determinations, and Client agrees to hold 360 Jets harmless from any and all consequences resulting from decisions regarding such safety determinations.
  • FORCE MAJEURE: 360 Jets will not be deemed to be in breach of its obligations hereunder or have any liability or responsibility for any delay, cancellation or damage arising in whole or in part from any weather conditions, act of God, act of nature, acts of civil or military authority, civil commotion, war or warlike operations or imminence thereof, strike or labor dispute, blockade, embargo, government regulation, law, rule or authority, acts or omissions of government authorities including all civil aviation authorities, requisition of aircraft by public authorities, breakdown or accident to the aircraft, mechanical failure, lack of essential supplies or parts or if the safety of passengers and/or property is deemed by the aircraft commander or the carrier's operational supervisors to be in jeopardy, or for any cause beyond the direct control of 360 Jets.
  • DAMAGES: Neither the air charter suppliers nor 360 Jets shall have liability or responsibility for delay, cancellation or failure to furnish any service to be provided to you when caused by mechanical difficulty, weather conditions, acts of God, acts of nature, acts of civil or military authority, civil commotion, war or warlike operations or imminence thereof, strikes or labor disputes, blockade, embargo, government regulation, law, rule or authority, acts or omissions of government authorities including all civil aviation authorities, requisition of aircraft by public authorities, breakdown or accident to the aircraft, mechanical failure, lack of essential supplies or parts, or if the safety of passengers and/or property is deemed by the aircraft commander or the carrier's operational supervisors to be in jeopardy, or for any causes beyond their reasonable respective control.

    You assume all liability and responsibility for your safety, schedule, baggage, cargo, business and personal activities and financial ramifications associated with your air reservations and travel arranged by 360 Jets and performed by the air charter suppliers.
    • i. You, your agents, guests or passengers or any employees, if applicable, shall not engage in any act or possess any substance or allow cargo to contain any substance which may result in the seizure or forfeiture, or unsafe operation of the aircraft used in the charter contracted for you by 360 Jets.
    • ii. 360 Jets makes no representations or warranties of any kind, either express or implied, as to any matter limited to, implied warranties of fitness for a particular purpose, merchantability or otherwise.
    • iii. If the Client's journey involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention may be applicable and the Convention governs and in most cases, limits the liability of the Carrier for death or personal injury and for loss of or damage to baggage.
    • iv. You shall indemnify and hold harmless 360 Jets, together with, but not limited to, its affiliates, subsidiaries, parent corporations, successors or assigns, and any present or former officers, directors, shareholders, employees, agents, legal representatives or attorneys (the 'indemnified parties') from and against any and all liabilities, losses, damages, penalties, costs and expenses on account of any claim, suit, action, demand, proceeding or anything of a similar nature made or brought against any of the indemnified parties as a result of the services performed hereunder on your behalf.
  • IN NO EVENT WILL 360 JETS BE LIABLE FOR ANY TYPE OF INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN CONTRACT OR IN TORT. CLIENT WILL INDEMNIFY AND HOLD 360 JETS HARMLESS AGAINST ANY LOSS, DAMAGE OR EXPENSE INCURRED BY 360 JETS BY REASON OF ANY ACTION OR OMISSION OF CLIENT, ITS EMPLOYEES, AGENTS, PASSENGERS AND GUESTS. FURTHERMORE, CLIENT AGREES TO PAY FOR ANY DAMAGE TO THE CHARTER AIRCRAFT CAUSED BY CLIENT, OR ANY EMPLOYEE, AGENT, PASSENGER OR GUEST OF CLIENT, NORMAL WEAR AND TEAR EXCLUDED.
REGULATIONS
This Agreement is subject to all applicable rules, regulations, approvals and certifications in effect from time to time including, but not limited to, those promulgated by the FAA which now or hereafter may be imposed or required.

PRIVILEGE LICENSE/COMPLIANCE COMMITTEE REQUIREMENTS

360 Jets acknowledges that Client and various of its affiliates are businesses that are subject and operate pursuant to privileged licenses issued by various governmental entities. If requested to do so by Client, 360 Jets shall submit to Client's internal security review procedures and shall obtain any license qualification, clearance or the like which may be requested or required of 360 Jets by any regulatory authority having jurisdiction over Client or any of its affiliates. If 360 Jets is not cleared by Client or fails to satisfy any such licensing, qualification or clearance requirement, or if Client or any other of its affiliates is directed to cease doing business with 360 Jets by any such authority, or if Client shall in good faith determine, in its sole and exclusive judgment, that 360 Jets is or might be engaged in, or is or might about to be engaged in, any activity, or is or has been involved in any relationship which does or could jeopardize Client's business or licenses, or those of its affiliates, or if any such license is threatened to be or is denied, curtailed, suspended or revoked as a result of Client's relationship with 360 Jets or its entering into this Agreement, then, in any of such events, Client shall be entitled to immediately terminate this Agreement upon written notice to 360 Jets. If Client elects to terminate this Agreement pursuant to this Section 8, then Client shall be liable to pay 360 Jets all accrued and unpaid charges for Services and unpaid reimbursable expenses incurred through the date of such termination; following such payment, this Agreement shall be deemed terminated (subject to Section 6(d) hereof), and neither party shall have any further liability or obligation to the other of any nature whatsoever.

SUCCESSORS AND ASSIGNS
This Agreement shall bind the parties hereto and their permitted successors and assigns. Neither this Agreement nor any of its terms, obligations or fees due hereunder are assignable (or delegable) by 360 Jets, and any such assignment (or delegation) by 360 Jets shall be void ab initio. Client may assign its rights and obligations under this Agreement to any lender, any affiliate of Client or any successor owner.

TERMINATION
In the event of the termination of this Agreement due to default by Client, 360 Jets may cease to provide all remaining services under this Agreement and shall have all right to bring an action or claim against Client for all sums which may be due and owing hereunder and to pursue all other remedies available to it at law or in equity (including, without limitation, attorney's fees, costs, and expenses). 360 Jets reserves the right, in its sole discretion, to suspend Charter Services hereunder during any period provided for curing the default by Client. Notwithstanding the foregoing, Client shall remain liable and responsible for all payment obligations under this Agreement.

EXCLUSIONS OR OMISSIONS
360 Jets will be indemnified and held harmless by Client for any misrepresentations presented by the carriers, on 360 Jets website or otherwise. Any exclusions or omissions either express or implied are not the responsibility of 360 Jets.

REGULATIONS
This Agreement is subject to all applicable rules, regulations, approvals and certifications in effect from time to time including, but not limited to, those promulgated by the FAA, which now or hereafter may be imposed or required.

CHOICE OF LAW
This Agreement shall be construed, interpreted and enforced in accordance with, and shall be governed by, the laws of the State of California, both procedural and substantive, without regard to the principles of conflicts of laws.

UNENFORCEABILITY OF PROVISIONS
The illegality or non-validity of any paragraph, clause or provision contained or referred to in this Agreement shall not affect or invalidate any other paragraph or provision hereof. If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect.

ENTIRE AGREEMENT
This Agreement constitutes the entire agreement and understanding of the Parties and no amendment, modification or waiver of any provision herein shall be effective unless in writing and executed by 360 Jets and Client. Any and all prior agreements, understandings and representations are hereby terminated and cancelled in their entirety and are of no further force and effect. Any terms and conditions contained within the Charter Itinerary are incorporated by reference herein. The Parties acknowledge that no other party, or any agent or attorney of any other party, has made any promise, representation or warranty whatsoever, express or implied, not contained herein concerning the subject matter hereof, to induce them to execute this Agreement, and acknowledge that they have not executed this instrument in reliance on any such promise, representation or warranty not contained herein, and further acknowledge that there are no other agreements or understandings between the Parties relating to this Agreement that are not contained herein.

ATTORNEY'S FEES
The Client understands and agrees that any breach of this Agreement, or any action, cause, claim, damage, demand or liability arising from his or her breach of this Agreement, could make him or her liable in a complaint, cross complaint or counterclaim for all resulting damages, including attorney's fees and legal expenses.

COUNTERPARTS
This Agreement may be executed in one or more counterparts, each of which shall be deemed to be duplicate originals, and one and the same Agreement. Facsimile signatures shall be considered original, legal and binding signatures.

WAIVER
Waiver by one party hereto of breach of any provision of this Agreement by the other shall not operate or be construed as a continuing waiver.

INDEMNIFICATION
Client agrees to indemnify, hold harmless and defend 360 Jets, together with, but not limited to, its affiliates, subsidiaries, parent corporations, successors or assigns, and any present or former officers, directors, shareholders, employees, agents, legal representatives or attorneys (the 'indemnified parties') from and against any and all actions, causes, claims, damages, losses, penalties, demands, obligations or liabilities, expenses or disbursements (including, without limitation, reasonable costs and attorney's fees), asserted by any third party, arising out of or relating to this Agreement. 360 Jets shall indemnify and hold harmless Client and its affiliates, members, managers, directors, officers, shareholders, employees, representatives and agents, and their respective successors and assigns, from and against any and all claims, demands, liabilities, losses, causes of action, damages and expenses (including, without limitation, reasonable attorney's fees and costs, whether or not litigation is actually commenced) arising out of, relating to, resulting from or in connection with any breach or default by 360 Jets of any of 360 Jets' representations, warranties, agreements, covenants or undertakings under this Agreement or under any agreements entered into by 360 Jets with third parties. By signing the Charter Itinerary, the Client hereby agrees to all terms and conditions contained within the Charter Broker Agreement for purposes of every flight chartered and/or arranged for Client by 360 Jets until Client is notified by 360 Jets of a change in terms.

Last Updated: May 23, 2013