Customer Refund Policy - Terms of Service | SimpleCharters

Terms and Conditions

Customer Refund Policy

Posted: Jun 29, 2020

Effective: Jun 29, 2020

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.

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.

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 happens if SimpleCharters cancels a Charter?

In the unexpected event that SimpleCharters has to cancel a Charter, the Customer will receive a 100% refund.

What if a Customer wants to cancel or reschedule 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.

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.
Qualified Round Trip/Multi-Leg Flights
  • Domestic: Within 72 hours prior to charter, cancellation fee will equal 50% of flight cost plus any additional fees charged by aircraft operator in excess of this amount
  • International: Within 96 hours prior to charter, cancellation fee will equal 50% of flight 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 flight cost for both domestic and international flights.
Holiday Periods:
  • Upon booking charter, cancellation fee will equal 10% of charter 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 charter 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 charter 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
  • Foreign holidays in the country the trip is originated in or flying to

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.

Termination of Charter Flight

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.

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).

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 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.

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 Customer will be immediately notified upon the incursion of incidental costs. 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. The Customer is required to make full-payment for these incidentals within a period of 14 days.

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.

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.

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.

Contact

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