Customer Refund Policy - Terms of Service | SimpleCharters

Terms and Conditions

Customer Refund Policy

Posted: Jul 28, 2021

Effective: Jul 28, 2021

Thanks for using SimpleCharters! Here we describe our Refund Policy (this “Refund Policy”) available to Customers who book and pay for a Charter.

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

Operational Control

SimpleCharters does not operate aircraft. All flights are operated by FAA Part 135 Air Carriers or their foreign Civil Aviation Authority (CAA) equivalent which operate and exercise full operational control of all booked flights. Customer acknowledges and agrees that SimpleCharters maintains no operational control over chartered aircraft and shall no be liable for any operational errors or aircraft malfunction.

Limitation of Liability

In no event shall either party be liable to the other, or have any duty for indemnification or contribution to the other, for any claimed indirect, special incidental, consequential or punitive damages, costs or expenses, including attorneys' fees and including damages for loss of revenue, profit, business opportunities and the like, even if such party had been advised, or knew or should have known of the possibility of such damages. The parties agree that SimpleCharter’s liability under this Refund Policy shall be limited to the amount of the Total Cost.

Integration

This Agreement constitutes the entire agreement between the parties with respect to the transportation of passengers and/or cargo, superseding and negating all prior or contemporaneous agreements, written and oral. This Agreement may not be modified or amended except by a writing signed by both parties. This Agreement shall be governed by the laws of State of New Hampshire whose courts shall have exclusive jurisdiction over any disputes between SimpleCharters and Customer.

What does the Charter Flight Cost?

The cost ("Total Cost") of the flight shall be the total price displayed to the Customer within the checkout at the time of booking.

Guaranteed Recovery

If a charter flight is cancelled or interrupted, SimpleCharters will arrange alternative service for the Customer in a similar cabin class within 24 hours ("the Recovery Service") at no additional cost incurred to the Customer.

What if a Customer wants to cancel or reschedule a Charter?

The Customer will incur fees ("Cancelation Fee") as follows:

24 Hour Rule

Domestic trips, not during a Holiday Period, booked at least 7 days ahead of the departure date can be canceled without penalty within 24 hours. After 24 hours, such flights are subject to the below cancellation policies. Specific, customized, or individualized quotes provided by a SimpleCharters Flight Advisor are excluded unless otherwise specified.

All Flights

All flights are subject to a 5% administrative fee upon cancellation.

One Way Flights
  • Cannot be canceled or rescheduled and are non-refundable upon booking.
Qualified Round Trip/Multi-Leg Flights
  • Domestic: Within 96 hours prior to charter, cancellation fee will equal 50% of Total Cost plus any additional fees charged by aircraft operator in excess of this amount
  • International: Within 120 hours prior to charter, cancellation fee will equal 50% of Total Cost plus any additional fees charged by aircraft operator in excess of this amount
  • Within 24 hours prior to charter, cancellation fee will equal 100% of the Total Cost for both domestic and international flights.
Qualified Round Trip/Multi-Leg Flights during Holiday Periods:
  • Upon booking charter, cancellation fee will equal 10% of Total Cost plus any additional fees charged by aircraft operator in excess of this amount
  • Within 7 days prior to charter, cancellation fee will equal 50% of Total Cost plus any additional fees charged by aircraft operator in excess of this amount
  • Within 72 hours prior to charter, cancellation fee will equal 100% of Total Cost plus any additional fees charged by aircraft operator in excess of this amount
Holiday periods are defined as 3 days before and after the following:
  • Federal Holidays,
  • Presidents Day Weekend,
  • Memorial Day Weekend,
  • Independence Day Weekend,
  • Labor Day Weekend,
  • Thanksgiving Week, including both weekends
  • Christmas & New Year season from 12/18-1/5,
  • Super Bowl Weekend,
  • Major golf tournaments
  • Major tennis tournaments,
  • World Series period
  • Kentucky Derby Weekend
  • NBA and NCAA Men’s basketball tournament
  • Any official US Holiday as defined on www.opm.gov
  • Any foreign holidays formally recognized by the government of the origination or destination country

SimpleCharters shall have up to 30 days following any cancellation event to provide the applicable refund to the Customer.

Late Passenger Policy

Passengers are required to arrive 30 minutes prior to any scheduled departure time. If the Customer or passenger(s) fail to arrive within 30 minutes following the scheduled departure time, SimpleCharters will treat this as a last-minute cancellation resulting in no refund.

What are Customers required to have for a Charter?

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.

Passenger Manifest Changes

Only manifested passengers (and their baggage) are permitted on board the aircraft. To avoid departure delays, passenger manifest changes must be communicated at least forty-eight (48) hours in advance.

Animal Cleaning Charges

Transportation of animals may be subject to a cleaning charge.

Changes To Itinerary

All flight itinerary changes are subject to review, approval, and pricing revisions as aircraft availability, aircraft performance and operational limitations, crew duty time restrictions, etc., are reevaluated and secured. These changes may affect your original Charter quote. SimpleCharters may, at its discretion, substitute a charter operator at any time so long as no additional cost is incurred by the Customer.

Cancellation by SimpleCharters

SimpleCharters reserves the right to cancel a flight under any circumstance and will provide the customer a 100% refund for flight segments not conducted.

Force Majeure

SimpleCharters may cancel or delay charter flight(s) under this Agreement without being liable to pay any cancellation fee or compensation whatsoever in the event that the charter flight(s) cannot be performed or completed due to any cause beyond the control of SimpleCharters including, but not limited to, strikes, lock-out, civil commotion, war or warlike operations or imminence thereof, riots, civil war, blockade, embargo, act or omissions of governmental authorities including all civil aviation authorities, acts of God, fire, flood, fog, frost, ice, storms, epidemics, quarantine, hijacking, requisition of aircraft by governmental authorities, breakdown or accident to aircraft, or if the safety of passengers and/or property is deemed by the aircraft captain or SimpleCharters's director of operations to be in jeopardy. In case of such cancellations SimpleCharters shall be under no obligation or liability to Customer beyond refund of the agreed Charter Services Price for such cancelled charter flight(s), minus any fees or costs actually incurred by SimpleCharters prior to such cancellation.

Incidental Costs

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 Cost. 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.

Incidental costs include but are not limited to:

  1. Altered flight plans;
  2. Deicing requirements;
  3. Emergency operations

The Customer will be notified upon the incursion of incidental costs. If any additional flight charges are incurred, SimpleCharters may charge the credit card on file, for all charges up to $2000, without prior Customer notification or approval. SimpleCharters will notify the Customer of any incidental costs in excess of $2000 prior to charging any credit card on file. The Customer is required to make full-payment for any incidentals within a period of 14 days of incursion.

Funded Accounts

Customers open a Funded Account ("Funded Account") with SimpleCharters and maintain an account balance ("Balance") to draw from for subsequent Bookings. The Customer is required to remit a deposit of at least $100,000 USD ("The Initial Deposit") to open an account. Subsequent deposits may be applied to the Balance by the Customer at any time and must be at least $100,000 USD or agreed to in writing by SimpleCharters.

SimpleCharters reserves the right to deduct the Total Cost of a booking and any applicable expenses, including but not limited to any applicable Cancelation Fee, Incidental Costs, or Animal Cleaning Charges from the Customer's Balance at at anytime. If a Customer is due a refund for a Booking, the funds will be credited back to the Customer's Funded Account. The Funded Account Balance never expires.

Customers can easily view their balance online and request detailed ledgers of their Account activity. Customers can request in writing to close their account and withdraw remaining funds at anytime ("Account Termination"). SimpleCharters reserves the right to terminate a Funded Account at anytime, without advanced notice. Upon Account Termination, SimpleCharters will issue the remaining balance, less a 10% administrative fee, to the Customer within 30 days by check or wire transfer.

All other terms provided in the Customer Refund Policy apply to Customers with a Funded Account.

Customer Responsibilities

Customer shall be responsible for loss or damage to the aircraft or other property on board the aircraft, including without limitation all expenses, claims, liabilities and/or suits associated therewith, caused by or attributable directly to Customer, its employees, family members, associates and/or the cargo. Customer shall, and shall be responsible to ensure that all of its employees, family members, associates, invitees comply with all FAA or CAA equivalent passenger requirements, including compliance with all hazardous materials and other cargo or baggage requirements, all rules imposed by the aircraft operator and all origination and destination country embarkation and entry requirements. SimpleCharters shall not be liable for any delays or failure to complete the scheduled charter due to noncompliance with this provision.

Minor Children/Unaccompanied Children

All children who have not yet reached the age of eighteen (18) who will not be flying with both parents/guardian(s) onboard the aircraft will need to have completed a parental consent form supplied by SimpleCharters signed by all parents/guardian(s) which must be submitted to SimpleCharters not later than forty-eight (48) hours prior to the departure of an international flight, or prior to a domestic flight. In addition to the above requirements, all children who have not yet reached the age of sixteen must be accompanied by a responsible adult authorized by all parents/guardian(s), except when prior written permission of SimpleCharters is given, in its sole discretion. The Customer shall be responsible for compliance with all parental consent and/or similar governmental requirements of the origination and destination country.

Payment Policy

Customers shall pay SimpleCharters for each charter flight, which shall be deemed irrevocably earned unless transportation hereunder is canceled by SimpleCharters or by force majeure. SimpleCharters may require said payment in advance for each charter flight, in full or in part, by wire transfer or credit card. SimpleCharters, at its election, may also require a credit card authorization pending receipt of funds. In any event, including, but not limited to such instances where SimpleCharters expressly agrees to payment after the charter flight, SimpleCharters must receive payment within ten (10) days of the completion of the charter flight.

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.

(d) This Agreement shall be governed by and construed in accordance with the laws of the State of New Hampshire without reference to the conflict of law principles thereof and the State of New Hampshire shall be the forum for any litigation arising from this Agreement. This Agreement shall be binding on the successors, heirs, administrators, and assigns of both parties.

Contact

Have questions about SimpleCharters, our Site, or refunds? Contact us at [email protected]