BOOK NOW TERMS AND CONDITIONS
These Book Now Terms and Conditions (together with any of its attachments, schedules, or exhibits the “Agreement”) are entered into between Monarch Air Group LLC d/b/a Mercury Jets (“Mercury Jets”, “we”, “us”, “ours” and the like) and the person or entity booking the trip through us (“you”, “yours” and the like) by clicking the “ Accept and Sign Up” button below. If you are accepting this Agreement on behalf of your employer or another entity, you represent and warrant that (i) you have full legal authority to bind your employer or such entity to these terms and conditions; (ii) that you have read and understand this Agreement; and (iii) that you agree, on behalf of the party that you represent, to be bound by and comply with this Agreement. BY CLICKING "ACCEPT AND SIGN UP” BUTTON BELOW, YOU AGREE TO BE BOUND BY THIS AGREEMENT.
1. GENERAL. Mercury Jets is NOT an aircraft operator. All aircraft are operated under part 14 CFR part 135 or 121, or the corresponding foreign CAA regulations. Aircraft remains under the operational control of the charter operator at all times.
2. PAYMENTS AND CANCELLATION. All prices quoted to you are accurate on the date quoted, are subject to change unless the trip is secured. We will charge the payment method you select (credit card, debit card, ACH) for the full amount of your booking now, and you represent and warrant to Mercury Jets that the payment method you select will have sufficient available funds or credit for this booking, and that you are authorized to use the payment method you select. In the event that your selected payment method has insufficient funds or credit available to you and we incur charges related to such insufficient funds or credit availability, you agree to reimburse us for all such charges or costs. You are liable for additional fees incurred such as catering, ground transportation, Wi-Fi, de-icing, or cleaning fees incurred by the Customer, and you authorize us to charge your selected payment method for such amounts.
3. CANCELLATION POLICY. Round trip cancellation policy: upon booking, 35% of the total charter cost, 72 hours before departure 75% of the charter cost, 48 hours before departure 100% cancellation charge. For one-way trip cancellations, the Customer will be assessed a cancellation fee equal to 100% of the total cost of the trip. A no show will be charged the full amount of the charter cost. Due to the availability of aircraft, during the Peak/Holiday season there is a 100% cancellation fee for any flights that are canceled, when scheduled to depart within 3 calendar days, before or after any calendar holiday. If you are entitled to a credit or refund upon cancellation, you will receive a credit or refund of any balance due to you via your selected payment method. You agree not to attempt to charge back or otherwise avoid payment of any amounts payable to Mercury Jets as a result of your cancellation in accordance with this section.
4. DOCUMENTATION. Photo IDs are required prior to flight. If you do not have a photo ID with you prior to your flight, you will not be able to travel and you will still be charged the full amount of your flight. Additionally, official travel documents (passports, visas, etc.) are the responsibility of each passenger. All passenger information must be received by Mercury Jets 48 hours prior to flight. Failure to do so may result in delays. All Passengers flying with Visas, Visa Waivers, and/or Recent Passport Submission with valid receipt and confirmation must provide documentation to Mercury Jets 48 hours prior to departure.
5. ITINERARY CHANGES TRANSMITTAL OF CHANGES. Itinerary changes are permitted, however; all changes are subject to aircraft and crew availability and subject to price adjustments. Notification of changes and/or cancellations must be in writing and provided to the account manager. Changes to the number of passengers after payment are not permitted.
6. RESPONSIBILITY. Mercury Jets is an air charter broker operating on behalf of its customer, as defined by 14 CFR 295. The operator for this flight is MAXAIR INC, Crow Executive Air, Inc., Windy City Charter, Inc, Capital Jets, Inc, ATI Jet Inc, Executive Fliteways, Inc, Ace Aviation Services Corporation, PROFLITE LLC, Hughes Flying Service, Inc, TurnKey Jet, Inc, Sky One Holdings, LLC, Short Hills Aviation Services, Inc., Pegasus Elite Aviation, Inc., Superior Transportation Associates Inc, Lone Star Aviators, LLC, Trident Aircraft, Inc, Triton Air, LLC, Executive Aviation Corporation, WEJET, Inc., Aero-Tech Services, Inc., Martinait, Inc., Air Associates Charter, Inc., Starflite Management Group, Inc, Tri State Charter, LLC, Exclusive Jets, LLC, Exclusive Jets, LLC, Flexjet Operations Limited, Flexjet Operations Malta Ltd., Holman Leasing Systems, Inc., Red Wing Aviation, Red Wing Aero Plane Company, Cobalt Air, LLC, HessJet, LLC, Baker Aviation, LLC, Ultimate JETCHARTERS, Inc,, VistaJet LTD, Chicago Jet Group, LLC., Slam Lavori Aerei S.R.L., Andrew Bettis Aviation, LLC, AB Jets, AIR STAT INC, AirStar, Inc., MAVERICK AIRSTAR, LLC, Speed Aviation, Inc., Club Jet Charter, LLC, Century Jets, LLC, True Aviation Charter Services, LLC, Aircraft Services Group, Inc., Gryphon Air, LLC, Avalair Aircraft Management, LLC, Aviasur Aircraft Management SpA, Corporate Aircraft Management Inc., Craft Charter, LLC, Crotts Aircraft Service Inc., Executive Aircraft Service, Inc., Maine Aviation Aircraft Charter, LLC, Trident Aircraft, Inc, CD Pilot and Management SD, LLC, Southwest Aircraft Charter L C, Elevate Jet LLC, MT FLY, Aircraft Management Group, Inc., PARADISE AIRCRAFT LLC, Wilderness Aircraft Company, LLC, Associated Aircraft Group, LLC, Aircraft Transport Service, Airco Aircraft charters, Ltd., Burgess Aircraft Management, LLC, DCT Air, LLC, Wheels Up Private Jets LLC, Tradewind Aviation, LLC, Aircraft Services Group, Inc., Aircraft Evaluation & Management Inc., Exec 1 Aviation, Inc., Moser Aviation LLC, GrandView Aviation, LLC, Airmed International, LLC, Baltimore Helicopter Services, LLC, Lyon Aviation, Inc., FlightWorks, Inc., Aerocapital Flight Services, LLC, Southern Sky Aviation Charters, LLC, Waltzing Matilda Aviation, LLC, Altius Aviation, LLC,, HELICOPTER CONSULTANTS, INC., Mt. Margaret, LLC, Volato, G C Aviation, Inc., Gary Jet Center, Inc., Cadre Aviation Services, LLC, Choice Aviation, LLC, Great Wester Air LLC, Cirrus Aviation Services, Great Western Air LLC, Aurora Aviation, Inc, Execuflight, Inc., Rennia Aviation, LLC, NXT Jet, Inc., DIESEL ALLIANCE LLC, Davinci Jets, LLC, Avcon Jet AG, RP Aircraft Management GmbH, International Jet Management GmbH, JET24 GmbH, Avcon Jet Malta Ltd, Execujet Australia PTY Limited, Gain Jet Aviation S.A., Helijet Aviation S.A., DBT Transportes Aeros, Lda, International Jet Aviation Services Inc., Nordjet Airlines, Vizyon Havacilik Sanayi ve Ticaret A.S., MC Havacilik A.S, Genel Havacilik A.S, Premium Jet AG, Redjet Aviation PTY LTD, SalzburgJetAviation GMBH, VATANJET HAVACILIK A.S., Jet Access Aviation, LLC, Jet Air Charter LLC, Jet Air Inc., 247 Aviation Limited, Cheshire Flying Services, Ltd., Jet Aviation Business Jets AG, Bairline Fluggesellschaft mbH & Co KG, Jet Aviation Flight Services (Malta) Ltd., Jet Aviation Flight Services, Inc., VANTANJET HAVACILIK A.S., iJet Aviation Fly S.L, Jet America Inc, Elio Jet a.s., International Jet Management GmbH, Avcon Jet AG (Operated by International Jet Management GmbH), JET AVIATION BUSINESS JETS SAN MARINO S.R.L., Ventura Air Services, Inc., Ace Aviation Services Corporation, Dolphin Atlantic, Inc, Executive Air Services, LLC, MAINE AVIATION MANAGEMENT INC, Catalina Aerospace Corporation, Elite Jets Charter, LLC, Elite Air, Inc., Biminy Bay Leasing LLC, Longhorn Gator LLC, Longhorn Gator LLC, ACASS San Marino S.R.L, Journey Aviation, LLC, Aerotransportes Internacionales De Torreon S.A. De C.V., Hyperion Aviation LTD, Jet Out LLC, FlyUSA, F S Air Service, Inc, TALON AIR LLC, Northern Jet Management, Inc., Aitheras Aviation Group LLC, Aitheras Aviation Group LLC, OUTER BANKS AIR CHARTERS INC, Aircharters Worldwide, Inc, Royal Air Freight, Inc., Airbrock Management & Charter Services, Inc, Executive Air Charter of Boca Raton, AirQuest Aviation, LP, Air Trek, Inc., AIRWAY AIR CHARTER INC, USAC Airways 693, LLC, JEM Air Holdings, LLC, Bankair, Inc., Charter Airlines, LLC, L&G Aviation LLC, JetPlus, Bun Air Corporation, Charter Jet Transport, Inc., Georgia Carolina Air LLC, Hera Flight, LLC, Firm Foundation Aviation, LLC., Seneca Flight Operations, Triton Air, LLC, Triton Airways, LLC, Reliant Air Charter Inc, Creamer Pilot Services LLC, Vee Neal Aviation, Inc., Pro Airways, LLC, Jet Access Aviation, LLC, Jet Connections Corporation, NEW WORLD AVIATION, INC., Presidential Aviation, Inc., Orion Aviation Solutions, LLC, Skyway Aviation Services, Inc, Encore Jet Management, LLC, RSB Investments Incorporated, A-OK Jets, Coleman Jet, LLC, Reliance Jets Corp, Thrive Aviation, Aero Ways Inc, a1D5f000002lcdL, LANIER FLIGHT EXPRESS LLC, Corporate Jet LLC, Don Davis Aviation, Inc., Panavia Air Taxi, LLC, Paradigm Jet Management, Executive Flight Services, LLC, Circadian Aviation LLC, Synergy Flight Center, LLC, East Coast Jets, Inc., Air Rutter International, LLC, Sunset Aviation LLC, Jet 1 Charter, Inc., Northeastern Aviation Corp, Northern Illinois Flight Center, Inc., SC Aviation, Inc, RAI JETS LLC, Southwest Aircraft Charter L C, SCOTT AVIATION, LLC, Silverhawk Aviation, Inc., Global Air Charters Inc, Reliant Aviation INC, KBS AIRCRAFT LLC, Reliant Aviation, Inc., UltraAir LLC, Pioneer Business Services, Capital Jet, Inc., Oklahoma Aviation, LLC, Soulbird Aviation, LLC, Helistar S.A.S., Redwings, S.A. de C.V., Longhorn Aviation, LLC, RVR AVIATION LLC, Tower Aviation Management, LLC, XCEL Jet Management, Inc. “Pilot in Command” has full authority and rights to cancel the flight for any reason including if they deem the passenger(s) unfit to fly. If passenger(s) are deemed unfit to fly, Mercury Jet shall not be obligated to refund passenger(s) for any amounts paid to Mercury Jet for such flight. Mercury Jet holds a non-aircraft operator insurance of at least $1,000,000.00 USD.
7. Indemnification. You agree to indemnify, defend and hold Mercury Jets, its officers, partners, employees, agents and consultants harmless for all liabilities, losses, claims, damages, costs, and expenses (including reasonable attorneys’ fees) whenever arising or incurred that are caused or asserted to have been caused, directly or indirectly, by or as a result of (i) your misrepresentations or false statements with regard to the terms and conditions of this Agreement; (ii) the performance or failure to perform or breach of this Agreement by you or your employees or agents; (iii) any gross negligence or willful misconduct by you or your agents or employees; and (iv) the breach of any term of this Agreement by your or your agents or employees.
8. Limitation of Liability; Exclusion of Warranties. Mercury Jets is not liable for expenses incurred for replacement transportation in the case of a mechanical, weather or any other delay. Mercury Jets is not liable for any injury, damage, loss, expense, indirect/special/consequential damages, or other irregularity caused by the defect of any vehicle or conveyance, or the negligence of any company or person engaged in conveying the passenger or carrying out the arrangements for your trip or by accident, delay, flight schedule, change, cancellation, sickness, weather, strikes, slots, war, quarantine, or any similar cause. UNDER NO CIRCUMSTANCES SHALL MERCURY JETS BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, GOODWILL OR LOSS OF PROFITS WHETHER OR NOT IT HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE NATURE OF THE CLAIM OR CAUSE OF ACTION (CONTRACT OR TORT), INCLUDING NEGLIGENCE. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT AND THE SCHEDULES ATTACHED HERETO, MERCURY JETS MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT, MERCURY JETS EXPRESSLY DISCLAIMS, AND EXPRESSLY WAIVES, ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO DESCRIPTIONS OR SPECIFICATIONS, WHETHER OR NOT INCORPORATED INTO THIS AGREEMENT, SHALL CONSTITUTE WARRANTIES OF ANY KIND. Notwithstanding anything in this Agreement to the contrary, the cumulative aggregate liability of Mercury Jets for all losses, claims, suits, controversies, breaches or damages for any cause whatsoever (including but not limited to those arising out of or related to this Agreement) and regardless of the form of action or legal theory shall be limited to the total amount paid by you to Mercury Jets under this Agreement.
9. Waiver. The failure of either party to enforce at any time any provision of this Agreement or to exercise any right herein provided, shall not in any way be construed to be a waiver of such provision or right, and shall not in any way affect the validity of this Agreement or any part hereof, or limit, prevent or impair the right of either party to subsequently enforce such provision or exercise such right.
10. Governing Law. This Agreement shall be governed by the laws of the State of Florida, without regard to conflicts of law provisions.
11. Entire Agreement. This Agreement and the schedules attached hereto constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all existing agreements and all other communications, written or oral. This Agreement may not be released, discharged or modified in any manner except in writing signed by both parties. No purchase order or other form of the Partner will modify, supersede, add to or in any way vary the terms of this Agreement.
12. Venue and Jurisdiction. In the event of litigation to enforce the terms of this Agreement, the parties consent to venue in an exclusive jurisdiction of the courts of Broward County, Florida and the Federal District Court for the Southern District of Florida. The parties further consent to the jurisdiction of any federal or state court located within a district which encompasses assets of a party against which a judgment has been rendered, either through arbitration or litigation, for the enforcement of such judgment or award against such party or the assets of such party.