Customer Refund Policy - Terms of Service | SimpleCharters

Terms and Conditions

Customer Refund Policy

Posted: Mar 21, 2018

Effective: Mar 21, 2018

Thanks for using SimpleCharters! Here we describe our Refund Policy (this “Refund Policy”) available to Customers who book and pay for a Charter listed by an Operator through our Site and suffer a Travel Issue. We also describe the obligations of Operators associated with this Refund Policy.

Unless otherwise defined in this Refund Policy, terms used in this Refund Policy have the same meanings as in our Terms of Service.

CUSTOMERS

Any peripheral or incidental costs that SimpleCharters or the Operator incurs in an attempt to meet the specific requirements of a particular trip will be added to the total price. The booked itinerary includes all flight legs agreed upon, there is no implied or expressed ownership by the undersigned of any flight legs not shown on this contract, regardless of the price paid.

For all domestic flights, passengers are required to present a valid, current government issued photo ID prior to departure. For all international flights, passengers are required to obtain and present all applicable documentation and identification prior to flight. For more information on required documentation for international travel, please visit the Transportation Security administration at http://www.tsa.gov. The Customer will be liable for any and all penalties, fines or additional costs associated with improperly documented passengers.

What do Customers receive under the Refund Policy?

If you are a Customer and suffer a Travel Issue, you will be reimbursed up to the amount paid by you through our Site, including any Service Fee. In addition, we will use our reasonable efforts to find and book you another Charter, which in our determination is reasonably comparable to the Charter described in your original reservation. Because booking another Charter is not always feasible, SimpleCharters is not obligated to provide an alternative Charter.

What if a Customer wants to cancel a Charter?

Late Passenger Policy: If Customer or passenger(s) fail to arrive within 60 minutes of scheduled departure time, the flight will be subject to cancellation by SimpleCharters, and will be subject to the cancellation policies outlined below.

One Way Flights
  • Cannot be canceled and are subject to 100% of the flight cost.
Round Trip/Multi-Leg Flights
  • Domestic: Within 72 hours prior to charter, cancellation fee will equal 50% of flight cost plus all actual expenses incurred
  • International: Within 96 hours prior to charter, cancellation fee will equal 50% of flight cost plus all actual expenses incurred
  • Within 12 hours prior to charter, cancellation fee will equal 100% of the flight cost.
Holiday Periods:
  • Upon booking charter, cancellation fee will equal 10% of charter cost plus all actual expenses incurred
  • Within 7 days prior to charter, cancellation fee will equal 50% of charter cost plus all actual expenses incurred
  • Within 72 hours prior to charter, cancellation fee will equal 100% of charter cost plus all actual expenses incurred

SimpleCharters reserves the right to cancel flights under any circumstance. Such circumstances include, but are not limited to, inclement weather, unscheduled maintenance or safety concerns.

What is a “Travel Issue”?

  1. The Operator of the Charter:
    1. Cancels a Charter shortly before the scheduled start of the Charter; or
    2. Fails to provide the Customer with the reasonable ability to utilize the Charter.
  2. The description of the Charter is materially inaccurate with respect to:
    1. The model and year of the aircraft;
    2. Special amenities or features represented in the Listing do not exist;
    3. The aircraft is physically located at an incorrect airport.
  3. At the start of the Customer’s Charter, the aircraft:
    1. Is not generally clean and sanitary; or
    2. Contains safety or health hazards that would be reasonably expected to adversely affect the Customer’s use of the aircraft in SimpleCharters’ judgment.

How do Customers make a valid claim for a Travel Issue?

To submit a valid claim for a Travel Issue, you must:

  1. Be a Customer of SimpleCharters;
  2. Experience a Travel Issue;
  3. Bring the Travel Issue to our attention in writing;
  4. Provide us with information (including photographs or other evidence) about the Charter and the circumstances of the Travel Issue within 24 hours after the start of your Charter;
  5. Immediately respond to any requests by us for additional information or cooperation on the Travel Issue;
  6. Not have directly or indirectly caused the Travel Issue (through your action, omission or negligence); and
  7. Have used reasonable efforts to try to remedy the circumstances of the Travel Issue with the Operator prior to making a claim for a Travel Issue.

What happens if a Customer encounters incidental costs?

There may be unexpected costs incurred during a flight. These costs, referred to as incidentals, include but are not limited to:

  1. Altered flight plans;
  2. Deicing requirements;
  3. Emergency operations;
  4. Handling/landing fees;
  5. International fees;

The Operator must notify the Customer immediately upon the incursion of incidental costs. The Customer is required to make full-payment for these incidentals within a period of 14 days. If any additional flight charges are incurred, SimpleCharters will charge the credit card on file, for all charges up to $2000, without additional approval needed

What happens if a Customer suffers a Travel Issue?

If we determine that a Customer has suffered a Travel Issue related to a Charter listed by any Operator and we either (1) reimburse that Customer any amount up to the amount paid by the Customer through the Site for the Charter or (2) provide an alternative Charter to the Customer, you agree to reimburse us up to the amount paid by us within 15 days of our request. You also agree that in order for you to reimburse SimpleCharters up to the amount paid by SimpleCharters, SimpleCharters may off-set or reduce any amounts owed by SimpleCharters to you by this amount. If the Customer utilizes all or part of the Charter despite the Travel Issue, the Customer may receive a refund that will reduce the amount of the Charter Fees due to you.

If the Customer is transferred to an alternative Charter outside of Cancellation window, you may lose part or all of the Charter Fee payment for the booking. The Customer will be responsible for additional costs incurred to transfer to the alternative Charter.

What if an Operator wants to dispute a Travel Issue?

You may dispute the Travel Issue by notifying us in writing and providing us with information (including photographs or other evidence) disputing the claims regarding the Travel Issue. You must have previously used reasonable and good faith efforts to try to remedy the Travel Issue directly with the Customer prior to disputing any Travel Issue claim.

You agree that all determinations of SimpleCharters with respect to the Travel Issue shall be final and binding on any Customers and Operators regardless of your submission of a dispute against such Travel Issue. In the event of one or more Travel Issues, SimpleCharters, in its discretion, may elect to take additional actions. These actions include, but are not limited to, negatively affecting your Listing ranking, automated reviews indicating Travel Issues, cancelling future bookings, suspending or removing the Listing of the Charter or imposing penalties or fees for the administrative burden associated with the Travel Issues. We may also cancel your account at any time if we deem you are a repeat offender or do not meet our standards of customer service and safety.

CUSTOMERS AND OPERATORS

What if a Customer causes damage to an aircraft?

Customers are responsible for leaving the aircraft in the condition it was in when they arrived. As a Customer, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to, or otherwise provide access to, the aircraft. In the event that an Operator claims otherwise and provides evidence of damage, including but not limited to, photographs, you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given forty eight (48) hours to respond, the payment will be charged to and taken from the credit card on file in your Profile. SimpleCharters also reserves the right to charge the credit card on file in your Profile, or otherwise collect payment from you and pursue any avenues available to SimpleCharters in this regard, including using Security Deposits, in situations in which you have been determined, in SimpleCharters’ sole discretion, to have damaged any aircraft, including, but not limited to, any payments made by SimpleCharters to Operators. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the aircraft to the applicable Operator or to SimpleCharters (if applicable).

Both Customers and Operators agree to cooperate with and assist SimpleCharters in good faith, and to provide SimpleCharters with such information and take such actions as may be reasonably requested by SimpleCharters, in connection with any complaints or claims made by Members relating to Charters or any personal or other property located on an aircraft or with respect to any investigation undertaken by SimpleCharters or a representative of SimpleCharters regarding use or abuse of our Site. If you are a Customer, upon SimpleCharters’ reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with an Operator, at no cost to you, which process will be conducted by SimpleCharters or a third party selected by SimpleCharters.

If you are a Customer, you understand and agree that SimpleCharters reserves the right, in its sole discretion, to make a claim under any applicable insurance policies related to any damage or loss that you may have caused or been responsible for to an aircraft or any personal or other property located on an aircraft. You agree to cooperate with and assist SimpleCharters in good faith, and to provide SimpleCharters with such information as may be reasonably requested by SimpleCharters in order to make a claim under any such policy, including, but not limited to, executing documents and taking such further acts as SimpleCharters may reasonably request to assist SimpleCharters in accomplishing the foregoing.

What minimum quality standards and requirements are there for Operators?

Operator Listing Policy

As an Operator, you are responsible for:

  1. Quality, service, and safety
    1. This means you must:
      1. Ensure that the Charters you list on our Site meet minimum quality standards regarding adequacy of the description on our Site,
      2. Ensure general safety and cleanliness of the aircrafts used in any Charter.
  2. Availability
    1. This means you must honor the availability shown in your schedule and honor any booked Charters.
    2. If the originally booked aircraft is not available for any reason (including but not limited to maintenance, owner's approval, or pricing discrepancies) for a Customer’s Charter, you must take reasonable action to use an equivalent aircraft to complete the Charter. See below.

During the 24-hour period following the Customer’s arrival, Operators should be available, or make a third-party available, in order to try, in good faith, to resolve any Customer issues.

What happens if the booked Aircraft is not available?

If the originally booked Aircraft is not available, you must take reasonable action to use an equivalent aircraft to complete the Charter. If a replacement aircraft is not available, SimpleCharters will take the following steps:

  1. Cancel the originally booked Charter;
  2. Find and book an equivalent Charter for the Customer;
    1. If the equivalent Charter is less expensive, SimpleCharters will refund the Customer the difference.
  3. If no equivalent Charter can be found, SimpleCharters will refund the customer accordingly.

What happens if there is a pricing discrepancy?

As an Operator, if it is determined there is a pricing difference between your internal quoting tool and the SimpleCharters pricing engine, it must be reported to SimpleCharters within twenty-four (24) hours of the booking. A copy of the internal quote must accompany the pricing dispute. SimpleCharters will then evaluate each discrepancy individually, using the following guidelines:

  1. If the Operator quote exceeds the SimpleCharters price:
    1. SimpleCharters can cover the cost difference for the flight;
    2. SimpleCharters can cancel the flight, and handle re-booking as a customer service matter.
  2. If the SimpleCharters price exceeds the combined Operator quote and service fees:
    1. SimpleCharters can issue a refund to the Customer for the difference of price, less all service fees.

During the period of time in which SimpleCharters reviews the pricing discrepancy, the Operator’s obligation to fulfill the Customer’s trip is temporarily lifted. Once SimpleCharters’ takes appropriate action, the Operator will be notified regarding whether or not the Customer’s trip has been canceled. The Customer will be notified accordingly.

General Provisions

(a) No Assignment/No Insurance. This Customer Refund Policy is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the Customer, and the Customer has not paid any premium in respect of this Refund Policy. The benefits provided under this Refund Policy are not assignable or transferable by you.

(b) Modification or Termination. SimpleCharters reserves the right to modify or terminate this Refund Policy, at any time, in its sole discretion, and without prior notice. If SimpleCharters modifies this Refund Policy, we will post the modification on our Site or provide you with notice of the modification and SimpleCharters will continue to process all claims for Travel Issues made prior to the effective date of the modification.

(c) Entire Agreement and Definitions. This Refund Policy constitutes the entire and exclusive understanding and agreement between SimpleCharters and you regarding this Refund Policy and supersedes and replaces any and all prior oral or written understandings or agreements between SimpleCharters and you regarding any Customer Refund Policy. This Refund Policy is incorporated into and governed by the Terms of Services.

Contact

Have questions about SimpleCharters, our Site, or refunds? Contact us at support@simplecharters.com.