Version dated September 16, 2015
TERMS & CONDITIONS:
Agreement. Thank you for using the Stellar™ app to book your charter flight. Upon your acceptance of these terms and conditions (the “Agreement”), this Agreement will be a binding contract between you as the customer and Stellar Labs, Inc. (“Stellar”). The quote provided to you is a part of this Agreement. Please note that the rates quoted for the above itinerary were a firm quote at the time they were generated. Stellar must first confirm availability and pricing before this Agreement goes into effect. In the event that of changes in availability or pricing, a new quote will be generated for you and a new agreement entered into. Please note that Stellar is not an air carrier and does not operate any aircraft on behalf of you or any other client. You may access this Agreement on the Stellar website at stellar.aero/legal/customerterms.html.
Changes; Cancellation. Stellar will try to accommodate any changes you may request. However, you should be aware that these changes may result in the imposition of fees, depending on the timing and the extent of the changes. In the event that you decide to cancel your trip, you may be subject to cancellation fees. Fees are dependent on the type of trip and based on the time of departure (the “Departure Time”) of the first segment of the trip. The following cancellation fees apply for flights booked through Stellar:
a. One Way Trips are subject to a cancellation fee equal to 50% of the charge for the cancelled itinerary if cancelled at any time after booking and a 100% cancellation fee equal to the charge for the cancelled itinerary if cancelled within 72 hours of the Departure Time.
b. Round Trips are subject to a cancellation fee equal to 50% of the charge for the cancelled itinerary if cancelled within 48 hours of the Departure Time.
c. Multi-Leg Trips are characterized either as One Way or Round Trip depending on the location of the final destination. If the original departure airport and final destination airport are identical, the trip is a Round Trip: otherwise it is a One Way Trip.
c. International Trips, including Hawaii and Alaska are subject to a 100% cancellation fee equal to the charge for the cancelled itinerary if cancelled within 72 hours of the Departure Time, regardless of whether it is a Round Trip.
Flights booked with the air carrier and not through Stellar may be subject to a different cancellation policy.
Payment. You must pay for the flights by the applicable cancellation dates. 100% of the charge for the itinerary is due 72 hours before the Departure Time for One-Way and International Trips, and 100% of the charge for the itinerary is due 48 hours before the Departure Time for domestic Round Trips. Stellar accepts payment either via wire transfer, ACH transfer, credit card or check. The charge for the itinerary does not include the convenience fee related to the method used for payment method, which will be charged separately based on the method.
Availability of Charter. Stellar will direct the air carrier to make any aircraft chartered pursuant to this Agreement available for loading by you at a reasonable time prior to departure. In the event on-loading and/or off-loading are not completed as of the scheduled time of departure, and the delay is caused by you, you agree to pay reasonable additional charges per hour or per day thereafter, through and including the time of completion of the charter.
Additional Fees. Stellar will designate the fixed-base operator (“FBO”) used for departure and arrival at all airports. The use of FBOs not designated by Stellar will result in additional fees. In addition, the quoted price does not include any fees related to additions or changes to the itinerary, hangar fees, de-icing or other incidental expenses such as, but not limited to, inflight telephone, ground transportation, additional catering and inflight Wi-Fi, if required or requested. As referenced above, the quoted price does not include the convenience fee for payment processing.
Provision of Air Transportation. Stellar, as your agent, is facilitating the provision of air transportation by an air carrier that holds a valid Federal Aviation Administration (“FAA”) Form 8430-18 Air Carrier Certificate, and that is otherwise duly licensed and authorized by the National Transportation Safety Board, and the FAA to conduct on demand air carrier operations (the “Air Carrier”) in accordance with this Agreement, any documents provided by Stellar to you in connection with this Agreement, and the terms and conditions of the Air Carrier, which you will be required to agree to as a condition to the air transportation. All flights are operated by the Air Carriers in accordance with Part 121 or Part 135 of the U.S. Federal Aviation Regulations, and the Air Carriers shall have exclusive operational control of the aircraft, and pilots, for all flights. The Air Carrier's pilot-in-command ("PIC") has complete authority and discretion over aircraft, support facilities and all matters concerning the preparation and operation of aircraft. In this regard, the PIC will have sole discretion to determine whether flights should be rerouted, shortened, delayed, terminated or refused. If the PIC determines that landing facilities at any point on the flight route(s) are not adequate or safe for landing purposes due to adverse weather or operating conditions, the Air Carrier may substitute an alternate airport where adequate and safe facilities are available and landing may be accomplished. In any such event, Stellar shall be deemed to have fulfilled its obligations to you as if there were no diversion.
Flight Crew Duty Time Limits. Flight crew duty time will not exceed the limits set forth by the FAA. In the event the trip schedule, regardless of the cause, would extend beyond the duty time limits, you are responsible for additional flight crew rest fees and aircraft use fees. Flight crew duty time limitations may also require the next flight segment(s) of a charter to be cancelled. In that event, Stellar is not responsible to you for any losses due to such cancellation.
Trip Interruption. When unforeseen interruptions occur, Stellar will work with you to analyze all contingency options available, and if necessary, to reposition the closest suitable aircraft. Stellar has the right to arrange for alternative transportation with authorization from you. Stellar does not guaranty that an alternative aircraft will be available to complete an interrupted trip. If unexpected delays occur due to passengers, weather, or other unforeseen circumstances, you are responsible for paying the additional charges incurred for continuation of the interrupted flight, and Stellar shall not be liable for any costs incurred by you or passenger(s) as a result of any interruption of a flight.
Hazardous Substances and Misuse of Aircraft. You will not transport any contraband or hazardous substances. You are responsible to Air Carrier and Stellar for all damages resulting from your transporting of contraband or hazardous substances, including the cost of cleaning, repair or replacements as may be necessary as a result of extraordinary wear and tear, and any damage or misuse of aircraft or its contents caused by you, your passengers and/or guests.
Documentation. You are solely responsible for ensuring that each passenger has all required documents for travel including passports, visas and similar documentation, for the cost of any delays or fines imposed caused by the failure of any passenger to produce required documentation upon request by authorities. You agree that any advice or suggestions given by Stellar regarding proper travel documentation are made as an accommodation to you and that Stellar is not responsible for the accuracy of such advice or for the consequences if a passenger has improper or insufficient travel documentation. Additional documentation will be required for passengers under the age of eighteen (18) who are not accompanied by both legal parents. Failure to provide the required documentation will be considered a cancellation of the flight, and any cancellation fees will apply.
Smoking. All aircraft are non-smoking.
Pets. Pets are not allowed on aircraft unless a written confirmation has been approved in advance by Air Carrier and Stellar. You must inform Stellar and Air Carrier in writing in advance of the first flight of any trip, of any animals that you intend to bring aboard a flight. If you fail to do so, then it will be considered a flight cancellation you will be charged the cancellation fee. If animals are approved for this Agreement, special cleaning fees may apply.
Compliance with Law. You, and your agents, passengers and guests are deemed to have notice of, and will comply in all respects with all applicable regulations of the United States Department of Transportation (“DOT”), and all other applicable laws, rules, or regulations issued by any governmental entity having jurisdiction over this Agreement and the flights to be operated under this Agreement. You agree that you will not hold out, offer or re-sell in any manner the air transportation described in this Agreement. You understand that Stellar does not hold authority as an Air Carrier from the DOT under 49 U.S.C. 41101 and 41102. You confirm that Stellar has not represented itself as a Direct Air Carrier nor an Indirect Air Carrier, but is acting solely as your in this transaction. You acknowledge that Stellar is a Single Entity as defined by the DOT.
Baggage. Baggage allowances on aircraft may vary depending upon operational factors. In the event baggage is not accepted on an aircraft, Stellar will ship the baggage to an address that you supply. These additional shipping fees will be your responsibility. International air transportation shall be, to the extent applicable, subject to the Warsaw Convention concerning the transportation by air of passengers, baggage and cargo.
Limitation of Liability; Indemnity. Stellar is not liable to you, any passenger, guest or any other person, or entity, for any injury, damage, or loss, unless is it the direct result of the gross negligence, recklessness or intentional misconduct of Stellar, or its employees. Under no circumstance will Stellar’s liability exceed the accepted quoted amount of the air transportation under this Agreement, or include lost profits, or special or consequential damages of any kind. You agree to indemnify, defend, and hold Stellar, its officers, employees and agents, harmless from all claims by any person or entity, for any loss, claim of damage or liability arising out of your failure to comply with the terms and conditions of the this Agreement, and/or from the chartered flight, except to the extent that Stellar is required to indemnify you.
Non-Assignability. You may not assign this Agreement without the prior written consent of Stellar, and any assignment in violation of this restriction is void. Subject to the restrictions against assignment in this paragraph, this Agreement shall be binding upon, the assigns, successors in interest, and personal representatives of each of you and Stellar.
Choice of Law; Forum. The law of the State of California shall apply to the resolution of any dispute with respect to this Agreement, notwithstanding any contrary choice of law provisions under California law. The parties agree that the exclusive venue for any action with respect to this Agreement shall be in the State and Federal Courts located in San Francisco County, California.
Attorney's Fees. In the event of any controversy, claim, or dispute between the parties to this Agreement, arising or relating to this Agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees and/or costs.
Severability. Should any provision of this Agreement be held unenforceable or invalid for any reason, the remaining portions of this Agreement shall remain in full force and effect. This Agreement supersedes any prior written or oral agreements between Stellar and Customer concerning the air charter described herein.
Entire Agreement. This Agreement constitutes the entire agreement between the parties relating to this subject matter and supersedes all prior or simultaneous representations, discussions, negotiations, and agreements, whether written or oral. Under no circumstances will the terms, conditions or provisions of any purchase order, invoice or other administrative document issued by you in connection to this Agreement be deemed to modify, alter or expand the rights, duties or obligations of the parties under, or otherwise modify, this Agreement, regardless of any failure of Stellar to object to such terms, provisions, or conditions.
Force Majeure. Neither Air Carrier nor Stellar is responsible for delays, losses or damages of any kind caused, in whole or in part by force majeure, acts of war, terrorism, adverse meteorological conditions, mechanicals, ATC delays or other unforeseeable circumstances.