Charter Agreement

The Charter Agreement (“Agreement”) is between Magellan Jets, LLC, a Massachusetts Limited Liability Company (“Magellan”), andthe person or organization listed on the attached charter itinerary (“Client”; together with their designees) and will become effective when the Client has signed it or has accepted the terms and condition of the Agreement electronically on Magellan’s app. The date of this Agreement will be the earlier of the date the attached charter itinerary is signed or its terms are accepted electronically, or the date payment is received.

The Client wishes to engage Magellan to act as their representative and arrange chartered air transportation and ancillary services on their behalf.

The parties therefore agree as follows:

  1. Definitions.

For the purposes of this agreement, the following definitions apply:

  • “Direct Air Carriers” means air Direct Air Carriers as defined in 14 CFR 1 operating under the rules of 14 CFR Part 135, Part 295 or Part 121, or foreign equivalent.
  • “Leg” means an individual point-to-point flight within a
  • “Peak Travel Days” means those days currently listed on the Peak Travel Days Calendar, available here.
  • “Quoted Price” means the cost estimate provided by Magellan and listed on the attached charter
  • “Round Trip” means a Trip that begins and ends at the same
  • “Trip” means the trip described on the attached charter
  1. Services.

Magellan shall arrange air transportation services on the Client’s behalf for the Trip. Magellan may arrange additional services as requested by the client, including catering or ground transportation services.

  1. Price Quotes.

Magellan Jets does not sell your personal information. However, we may share your data with trusted third parties for the following reasons:

  1. The Quoted Price includes estimates of applicable taxes, flight fees, fuel surcharges, permits, landing charges, customs fees, crew expenses, and other charges, and includes a 3.5% cash payment discount.
  2. Magellan may charge the Client for damages to aircraft caused by passengers, additional cleaning of aircraft required as a result of passengers’ actions or inactions (including cleaning required due to pets brought on-board), flight phone or metered internet data usage, hangaring or de-icing services deemed necessary by Direct Air Carriers due to actual or forecast weather conditions and as a result of the Trip, additional costs related to operations outside of normal airport or FBO hours, other unforeseen costs that related to the Trip.
  3. Magellan may charge the Client for changes to the originally scheduled Trip. Magellan may charge the Client for deviations from the originally scheduled Trip, including costs for additional flight time due to weather conditions and airport and air traffic control restrictions.
  4. Magellan may charge the Client for changes to the originally scheduled Trip. Magellan may charge the Client for deviations from the originally scheduled Trip, including costs for additional flight time due to weather conditions and airport and air traffic control restrictions.
  1. Cancellations.
  1. For Round Trips, the Cancellation Period is defined as a period beginning seven days prior to the initial departure, or 14 days prior to the initial departure if such departure is on a Peak Travel Day.
  2. For all other Trips, the Cancellation Period is defined as a period beginning at the time this Agreement becomes
  3. Magellan may charge a fee of up to 100% of the Quoted Price for cancellations made by the Client within the Cancellation
  4. Magellan may deem any changes made by the Client to the originally scheduled dates, times, airports, or type of aircraft, or failure by the Client’s passengers to be present and ready to board at the scheduled departure time of any Leg to be a cancellation by the Client of the Trip.
  5. Trips with departure or arrival airports outside of the United States shall be subject to a cancellation period beginning 14 days prior to the initial Magellan may charge a fee of the greater of 10% of the Quoted Price or other cancellation fees provided herein for cancellations made by the Client within this special cancellation period.
  1. Payment Terms.
  1. The Client shall pay all costs, fees, and expenses associated with the Trip in accordance with the payment terms Payments made by credit card shall forfeit any cash discounts applied to the balance due.
  2. The Client shall provide a valid credit card at the execution of this agreement (“Card”) and warrants that they are the cardholder of the Card or are authorized by the cardholder to use the Card on their The Client authorizes Magellan to place a preauthorization for the Quoted Price plus the amount of the cash discount and renew such preauthorization until full payment is received. The Client authorizes Magellan to charge the Card for any amounts due in relation to the Trip if other payment is not received according to the payment terms herein.
  3. Payment of the Quoted Price is due upon receipt of this completed contract. If payment is not received 3 business days prior to the initial departure for Trips within the United States, or 4 business days prior to the initial departure for all other Trips, the 3.5% cash discount will be waived and the credit card provided will be charged for the full amount of the trip. For Trips booked and having an initial departure outside of normal business hours, payment of the Quoted Price must be received on the next business day.
  4. Any sums due from the Client to Magellan hereunder remaining unpaid for more than 5 days beyond the date such sums were due shall be subject to interest at the lesser of 1.5% per month or the maximum amount of interest permitted by law. In the event that any form of payment provided by the Client to Magellan is rejected and Magellan incurs any fees as a result of such rejection, the Client shall be responsible to promptly reimburse Magellan for all such fees. The Client shall pay to Magellan the reasonable costs (including attorney’s fees) for collection of any past due sums hereunder.
  1. Flight Operations.
  1. The Client acknowledges that Magellan is acting solely as a broker on their behalf and is not an air carrier. The Client acknowledges that Magellan does not operate, or have operational control over, flights performed on the Client’s The Client acknowledges that all flights performed on the Client’s behalf have been arranged by Magellan as an agent of the Client using Magellan-approved Direct Air Carriers in compliance with all applicable laws and regulations.
  2. The Client acknowledges and agrees that Direct Air Carriers shall have sole responsibility for and control of all aspects of the aircraft charter services provided to the Client including aircraft availability, the operation and regulatory compliance of flights, and the safety of passengers, baggage, and cargo.
  3. Magellan shall make best efforts to cause flights to be performed at the agreed-upon times but may adjust departure times by up to two hours for air traffic control restrictions, weather-related issues, unforeseen changes in aircraft schedules, or other reasons.
  4. The Client acknowledges and agrees that the Direct Air Carriers and their employees and agents shall have sole responsibility for all decisions regarding safety determinations including decisions about the commencement, operation, or termination of flights. The Client agrees that Magellan bears no responsibility or liability regarding such safety determinations and agrees to hold Magellan harmless from any and all consequences resulting from such safety determinations.
  5. The Client acknowledges and agrees that Magellan may change Trips due to operational requirements of the aircraft, including any operational requirements prescribed by Carriers, or for any other reason outside of Magellan’s control. Magellan shall use reasonable efforts to secure departure or arrival slot reservations (as defined in 14 CFR 93.213 or international equivalent) or parking reservations as required by fixed base operators or airports. Magellan, if unable to secure such reservations, may adjust departure times or airports used or both.
  1. Passenger Condition and Conduct.
  1. The Member shall ensure that each passenger is in normal health and capable of traveling on the Leg The Member shall ensure that all passengers comply with all crewmember instructions. The Member shall ensure that all baggage of all passengers does not contain any item or substance that is otherwise prohibited by any applicable law, regulation, or rule. Magellan may treat any failure to comply with these requirements a Cancellation or Change.
  2. All allergies, medical restrictions and/or special dietary needs must be communicated to Magellan at the time of booking with the passenger The primary concern of Magellan is the safety of our passengers; thus, Magellan will work with the catering vendor and Direct Air Carrier to ensure all parties are aware of the allergy, medical restriction or special dietary need. Catering orders for any passengers on flights for which an allergy has been noted may be modified at the discretion of the catering vendor to avoid cross contamination with allergens. Ultimately Magellan cannot guarantee a 100% allergen free environment therefore the Member/passenger is responsible for ensuring the environment is satisfactory before boarding a flight.
  3. Smoking or vaping is not permitted on any aircraft arranged by Magellan.
  4. The member shall ensure that each passenger, and will before each trip certify that each passenger:
    1. i. Does not have a fever (temperature over 100.3 F) without having taken any fever-reducing medications
    2. Does not have any cold or flu-like symptoms (including fever, cough, sore throat, respiratory illness, difficulty breathing, gastrointestinal discomfort, muscle aches, or chills)
    3. Has not had close contact with, been diagnosed with a contagious disease, or been placed in quarantine for possible contact with a contagious disease in the 14 days preceding the flight
    4. Has not been asked to self-isolate or quarantine by a medical professional or local public health official
    5. Has not, nor has anyone living with the passenger, returned from an international or domestic location where civil authorities or the media have identified an active outbreak of a contagious disease, such as a Novel Coronavirus
    6. Is willing to maintain at least 6’ of social distance from non-passengers when requested
    7. Is willing to wear a suitable face mask covering nose and mouth when requested
    8. Is willing to provide contact information for the purpose of contact tracing when requested
  1. Force Majeure.

Magellan will not be deemed to be in breach of its obligations hereunder or have any liability or responsibility for any loss, delay, cancellation, or damage arising in whole or in part from any weather conditions, acts of God, acts 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 or any other event of circumstance beyond the direct control of Magellan.

  1. Damages.
    1. The Client agrees to assume all liability and responsibility for their safety, schedule, baggage, cargo, business and personal activities, and financial ramifications associated with travel arranged by Magellan.
    2. The Client agrees that their agents, guests, passengers, or employees shall not engage in any act, possess any substance, or allow cargo or baggage to contain any substance which may result in the seizure or forfeiture or unsafe operation of aircraft used for the Trip.
    3. In no event shall Magellan be liable for any type of indirect, incidental, or consequential damages, whether arising in contract or in tort. The Client will indemnify and hold Magellan harmless against any loss, damage, or expense incurred by Magellan by reason of any action or omission of the Client, its employees, agents, passengers, or guests.
  1. Indemnification.

The Client agrees to indemnify, hold harmless, and defend Magellan and its affiliates, subsidiaries, parent corporations, successors or assigns and any present or former officers, directors, shareholders, employees, agents, legal representatives, or attorneys from and against any and all actions, causes, claims, damages, losses, penalties, demands, obligations or liabilities, expenses or disbursements (including reasonable costs and attorney’s fees), asserted by any third party and arising out of or relating to this Agreement.

  1. Termination.

Magellan may terminate this Agreement at any time, with or without cause. A cancellation made by the Client shall be deemed termination of this Agreement by the Client. In the event of termination of this Agreement by Magellan, any and all prepaid funds paid by the Client shall be refunded to the Client, less any costs incurred by Magellan arising out of or relating to this Agreement. The parties’ obligations under sections 5 and 7-16 shall survive the termination of this agreement.

  1. Dispute Resolution.

This Agreement and the provision of services by Magellan hereunder shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to conflict of law principles. Any dispute arising under this Agreement or the services provided by Magellan shall be finally settled by binding arbitration before a panel of one arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). In the event of a conflict between the AAA Rules and this Agreement, the provisions of this Agreement shall prevail. Judgment on the award may be entered in any court of competent jurisdiction. The location of arbitration shall be in Boston, Massachusetts. In the event the Client fails to pay any sums due to Magellan hereunder at the time such sums are due to be paid, Magellan shall be entitled to recover all attorneys’ fees and costs from the Client related to or arising out of any efforts to collect such sums, including any legal proceedings or arbitration that is commenced in order to collect such sums.

  1. Severability.

If any provision of this Agreement is declared by an arbitrator or a court of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other provisions of this Agreement and the Agreement shall be construed as if such invalid, illegal or unenforceable provisions had never been contained herein. Such provisions shall be deemed modified to the extent necessary in the arbitrators or courts opinion to render such provision enforceable and the rights and obligations of the parties shall be construed and enforced accordingly. Regardless of any invalid, illegal or unenforceable provision(s), the remainder of the Agreement shall otherwise remain in full force and effect.

  1. Electronic Signatures.

The Client and Magellan agree that:

  1. receipt of information electronically that the recipient reasonably believes to be authorized by the transmitting party shall constitute the valid signature on behalf of the transmitting party, and agree that transmission from an email address identified by the Client as an authorized email address shall be reasonable to accept; and
  2. such transmissions shall be deemed to satisfy any federal, state, or local laws or regulations requiring that agreements be in writing and delivery of such transmissions shall be deemed receipt of written notice, and neither party shall contest the validity or enforceability of such electronic transmissions; and
  3. computer-maintained records produced as physical copies shall constitute business records and shall have the same validity as any other generally recognized business records.
  1. Severability.

Magellan shall take reasonable measures to maintain data associated with the Client and the Client’s guests as confidential. Magellan may be required to furnish data in support of the services arranged in accordance with this Agreement but will limit disclosure to that which is needed to support such services.

  1. Miscellaneous.
  1. The Client shall indemnify and hold harmless Magellan for any misrepresentations by Carriers. Magellan shall not be held responsible for any exclusions or omissions, neither express nor implied.
  2. This Agreement shall be construed, interpreted, and enforced in accordance with, and shall be governed by, the laws of the Commonwealth of Massachusetts, both procedural and substantive, without regard to principles of conflicts of
  3. No provision of, right, power or privilege under this Agreement shall be deemed to have been waived by any act, delay, omission or acquiescence on the part of any party, its agents or employees, but only by an instrument in writing signed by an authorized representative of each party. No waiver by any party of any breach or default of any provision of this Agreement by the other party shall be effective as to any other breach or default.
  4. This Agreement, together with related exhibits, schedules, and attachments, and the agreements referenced herein and incorporated by reference, constitute the entire agreement between Magellan and the Client concerning this Trip and supersedes any prior or contemporaneous agreements, understandings, or Any annotations made by Magellan to the charter itinerary shall supersede any conflicting terms herein.
  5. Waiver by one party of breach of any provision of this Agreement by the other shall not operate or be construed as a continuing waiver.
  6. No joint venture, partnership, employment, or agency relationship exists between the Client, Magellan, or any Third- Party Provider as a result of this Agreement or use of Magellan’s services.
  1. Representations and Warranties.
  1. The respective parties (each as to the other, a “Representing Party”), each represent and warrant that the Representing Party has all requisite power and authority to enter into this Agreement and to assume and perform fully its obligations hereunder.
  2. The Representing Party’s execution and delivery of and performance under this Agreement have been duly and validly authorized by all necessary entity action as required by the Representing Party.
  3. This Agreement has been duly executed and delivered by and on behalf of the Representing Party by an authorized signatory or representative thereof.
  4. This Agreement constitutes a valid and binding obligation and agreement of the Representing Party enforceable against the Representing Party in accordance with its terms.
  5. Each party acknowledges and agrees that it is entering into this Agreement knowingly and voluntarily, after having had the opportunity to obtain the advice of legal counsel.
  6. The parties have participated jointly in the negotiation and drafting of this Agreement.