1. QUOTATION: It is hereby understood that Momentum Jets Inc. (“Momentum Jets”) is acting as an indirect air carrier chartering the Aircraft from a direct air carrier or owner in order to complete the flight or flights set out in the charter quote (“Charter Quote”) The Charter Quote is valid for 14 days and is based upon the aircraft and crew availability, as well as owner approval. Prices quoted include flight charges, landing fees, overnight charges, and estimated taxes. Catering, ground transportation, WiFi, hangar, and de-icing/anti-icing charges incurred will be separately invoiced or charged to the credit card at trip completion. Flight times are based upon historical estimates. The price set forth in the Charter Quote is valid for the itinerary listed in the Charter Quote and is aircraft specific. Any deviation from the itinerary for any reason and by any person requires the approval of Momentum Jets and may result in additional charges as determined by Momentum Jets. Extraordinary wear-and-tear and/or damage to the aircraft caused by the Charterer or any accompanying passenger(s) shall be the responsibility of the Charterer. The Charter Quote is not considered a booked trip until signed and accepted by the Charterer along with the agreed upon method of payment having been rendered. The Charterer will be informed by Momentum Jets of the approved trip booking once all conditions have been met.
2. AGREEMENT: The Terms and Conditions (the “T&Cs”) indicated herein apply to all Charter Quotes for the charter of an aircraft and related services from Momentum Jets. Where the terms in the Charter Quote differ from the T&Cs the Charter Quote shall prevail. The signature of the Charter Quote by the Charterer confirms agreement to the T&Cs and constitutes a contract of carriage between the Charterer and Momentum Jets. The Charterer must ensure that the passenger(s) are informed of and abide by the T&Cs. Any proposed changes to the T&Cs are only valid if such change, variation or amendment is confirmed in writing by Momentum Jets to the Charterer. This agreement shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the federal laws applicable therein.
3. PAYMENT: All prices in the Charter Quote are stated in Canadian funds (CAD), unless otherwise stated in the Charter Quote. Payment is due upon signing of the Charter Quote. Payment is required, received in clear funds, by wire transfer or credit card (Visa or Mastercard), net of any bank charges or ductions, no later than seventy-two (72) hours prior to the first Scheduled Departure time (“SDT”). For departures within twenty-four (24) hours of Signature, a credit card pre-authorization is required to be charged in the event the Charterer fails to provide payment prior to departure. The quotation includes complimentary snacks and beverages. The quotation excludes additional charges incurred such as, but not limited to, anti-icing, de-icing, ground transportation, catering, hangarage, diversions, weather or ATC related delay(s)/hold(s), insurance surcharges, Wi-Fi and flight phone, which will be payable separately upon the issuance of an invoice or charged to the credit card provided at trip completion. Payment must be made by certified cheque, wire transfer, Visa or MasterCard, net of any bank charges or deductions. Payments made by Visa or MasterCard are subject to an administrative fee of 4% which will be applied to the cost of the charter, this includes payments for the additional charges listed above.
If any portion of the quotation price is not received from the Charterer prior to departure, Momentum Jets may, without prejudice to any other rights or remedies it may have in respect of such default, cancel the booked trip with no further liability to the Charterer and Momentum Jets will be entitled to cancellation fees from the Charterer as set out below. Time shall be of the essence, except only in relation to scheduling and operational changes which are necessitated by considerations of safety, in the captain’s sole and absolute discretion.
4. CANCELLATION POLICIES: All flights are subject to Momentum Jets’ cancellation policy once a signed Charter Quote is received. In addition, the Charterer is responsible for all costs incurred in preparation for the booked trip. In the event of a cancellation, the following fees apply:
25% of quoted price – upon signature of Charter Quote
50% of quoted price - within 7 days of scheduled departure time; or
75% of quoted price - within 3 days of scheduled departure time; or
100% of quoted price - within 24 hours of scheduled departure time; or
Empty Legs/One-ways: All Empty legs and One-ways are subject to a 100% cancellation fee at the time of booking. Upon notice of cancellation, the cancellation fee will be charged to the credit card provided, unless otherwise agreed. Cancellation in case of (i) a delay of any Passenger(s) leading to Momentum Jets having to cancel the booked flight, (ii) a No-Show of Passenger(s), or (iii) any refusal of the Passenger(s) to conduct a flight in accordance with the requirements of the direct air carrier, including the requirements and instructions of the captain and/or for flight safety or security reasons leading to the captain to deem it necessary to cancel or terminate a scheduled flight in his/or her sole discretion, then the above-mentioned cancellation charges shall be applicable and payable by Charterer, except where the cancellation results unrelated to the conduct of any passenger, such as weather or other unforeseen occurrences.
5. ITINERARY CHANGES: Itinerary changes are permitted, subject to availability of aircraft and crew, air carrier and/or owner approval and rate adjustments. Notification of changes and/or cancellations must be made promptly in writing by the Charterer and transmitted by email to email@example.com within the cancellation timeframe above-mentioned under the Cancellation Policies, otherwise such charges will continue to apply.
6. INTERRUPTED FLIGHTS: Momentum Jets is not liable for any expenses incurred for replacement transportation in the case of mechanical difficulties; charges will only apply on the portions of the flight completed. Momentum Jets, at its sole discretion, and on a best efforts basis, may provide substitute transportation that may be charged at an additional fee to the Charterer.
Should a flight not reach its destination due to weather, or for reasons beyond the control of Momentum Jets, charges will apply to any destination reached and the return flight of the aircraft and crew (with or without passengers) to its home base. Momentum Jets is not liable for any operational circumstances including but not limited to delays or route changes caused by weather, passenger loads or winds. Flight times, direct flight(s), fuel stop locations and aircraft routing are estimated and additional fuel stops or vectoring maybe required and may be subject to additional fees being payable by the Charterer.
7. PETS and MATERIALS: Desired transportation of any animals, medical oxygen, firearms, dangerous goods, other hazards must be communicated at the time of booking and in any event no less than 48 hours in advance of the flight departure to the Momentum Jets operations department. All customs declarations must be communicated to the captain prior to departure. Momentum Jets reserves the right to deny an animal from being transported at any time.
8. IDENTIFICATION AND TRAVEL DOCUMENTATION: Passengers are responsible for obtaining and carrying all necessary travel documentation, including, but not limited to, passport(s), visa(s) and minor consent letter(s). All travel documentation required must be presented to the flight crew prior to departure. Any passenger travelling with a minor, not accompanied by both parents or legal guardians must provide a notarized letter of consent from the absent parent or legal guardian before the flight. Any flight deviations, additional stops or other ancillary charges include overnight charges and fees incurred will be charged accordingly if passenger information is not submitted on time or is inaccurate. Passengers and Charterer shall be jointly and severally liable for fees and penalties incurred as a result of inadmissibility into any jurisdiction on account of defective or incomplete documents.
9. DAMAGES: The Charterer shall ensure that at all times the passenger(s) act in a reasonable and responsible manner while on board the aircraft. In addition, the Charterer shall ensure that all passengers comply with the captain’s instructions. The Charterer is liable for any damages or missing property they or their passengers may cause to the aircraft.
10. BAGGAGE: Most aircraft will accommodate one standard carry on size per passenger. However larger containers, hazardous materials and oversize luggage including golf clubs etc. need to be approved in writing by Momentum Jets for capacity, operational, and safety purposes. The Charterer must advise Momentum Jets at the time of booking and no later than 48 hours in advance of the flight departure of all baggage loads outside of the standard one carry-on per passenger.
11. SPECIAL REQUESTS and ALLERGIES: Passengers with special needs, including those with allergies must be communicated at the time of booking and no later than 48 hours in advance of the flight departure to the Momentum Jets’ operations department. Although best efforts will be made, Momentum Jets cannot guarantee the cabin environment or catering will be allergy free.
12. LIABILITY: Momentum Jets, it’s agents, employees and representatives shall not be liable for any injury, loss, expense or damage including, but not limited to, indirect, special or consequential damage, or other irregularity caused by the defect of any aircraft, vehicle or conveyance or the negligence of any company or person engaged in conveying the passenger(s) or carrying out the arrangements for your trip, or by accident, delay, flight schedule change, cancellation, illness, weather, strikes, war, quarantine, or any similar cause. Each Party shall defend and hold harmless the other from and against any and all claims, causes of action and other liabilities arising in connection with the performance or non-performance of their respective obligations under this agreement.
13. OPERATIONAL: Momentum Jets is not in operational control of the aircraft. Subcontracted aircraft are operated under their respective Transport Canada, Federal Aviation Administration, or local equivalent Air Carrier Certificates. Charterer agrees to, and shall cause all passengers to, hold Momentum Jets harmless against any and all losses. Aircraft substituted by a direct air carrier may not meet ARGUS/IS-BAO standards and Momentum Jets expressly disclaims any warranty whatsoever, whether express or implied, including any warranty of fitness for a particular purpose or merchantability.
If the Charterer wishes for the aircraft and/or crew to remain with them during itineraries which include multiple days in one location (overnights) then the Charterer must communicate this request at the time of booking. The Charterer acknowledges that if the request is not made the aircraft and or crew may not remain at their destination. On itineraries that include overnights where the crew and aircraft stay at destination the crew will remain on a 12 hour call out to accommodate any additional requests, and all such requirements by the Charterer or the passengers will be subject to additional charges. Charterer agrees to remain liable for and hereby affirms any itinerary changes advocated for by the passengers, including those submitted to Momentum Jets or the direct air operator without the Charterer’s express approval or knowledge. With respect to Crew Duty Day Requirements, the direct air carrier’s compliance with all applicable regulations may mean operational restrictions for additional requests that may arise during an extended charter. The Charterer acknowledges that any deviation in the originally confirmed itinerary including but not limited to passenger, mechanical, or weather changes or delays may impact the crew’s maximum duty day and additional charges may apply. During such events, the crew may require an additional rest periods prescribed by regulation.
14. COVID-19: This quotation, and all of the T&C’s herein, are subject to the direct air carrier’s ability to provide operational support, including but not limited to pilot availability, at the time of departure. Passengers may be required to provide recent COVID-19 test results, or to submit to rapid COVID-19 testing, at Momentum Jets’ sole discretion. Momentum Jets reserves the right to amend, change or cancel this quotation due to circumstances dictated by COVID-19, as well as Federal, Provincial, State or applicable regulatory directives. All passengers shall comply with all orders in council and applicable interim orders issued in relation to mitigating measures and restrictions related to COVID-19, including but not limited to the requirement to wear a removable face covering large enough to cover their mouth and nose during their travel through Canadian airports, while boarding the aircraft, and throughout the flight. All passengers are required to complete in full the “COVID-19 Passenger Travel Declaration”. Air carriers will not knowingly transport any passenger(s) who has been tested and diagnosed positive with COVID-19. At the captain’s sole discretion, at the time of boarding, should any passenger(s) exhibit symptoms similar to those related to COVID-19, the captain will not transport the passenger(s) in question. Should the captain refuse transport at time of boarding due to passenger non-compliance with the COVID-19 policy, the flight will be designated as a cancellation and the Cancellation Policies outlined above shall apply.