ELEVATE INNOVATION AIR CHARTER CONTRACT

The following contract applies to all charters brokered by ELEVATE Innovation (hereafter referred to as ELEVATE). As an air charter customer you will be required to sign a copy of this contract at time of payment. Any additional sections that contains terms specific to your flight will be added to this contract prior to your review. Additional provisions are typically those that pertain to payment terms and cancellation policies, as they are applied differently by each individual aircraft operator.

1. ELEVATE does not own or operate aircraft. ELEVATE acts as an agent on behalf of the customer for the purposes of chartering aircraft. Aircraft are sourced from a variety of FAA, Transport Canada, EASA-licensed aircraft operators. ELEVATE does not guarantee or warrant the quality of aircraft, crew safety, and operating procedures.

2. Availability: Aircraft availability is subject to owner approval. In the event that the aircraft becomes unavailable for any reason, ELEVATE shall, with the authorization of the charter customer, solicit another similar aircraft. The quote may then be subject to change. For empty legs, ELEVATE is not responsible for finding a replacement aircraft at the price agreed upon.

3. Rates: Transportation and other services to be provided by ELEVATE are subject to the terms and conditions contained in the operator’s applicable tariff. A copy of such applicable tariff is available upon request.

4. Payment: The charter customer shall pay ELEVATE the quoted charter flight amount (which may include without limitation any and all applicable fuel surcharge fees, catering, ground transportation services, car rentals, de-icing/anti-icing, hangarage, flight phone and internet, international fees, air transportation taxes, excise taxes, user fees, security fees, arrival and departure taxes, customs and immigration fees, sales and use taxes, value added taxes, and any other applicable taxes, charges, fees, withholdings or assessments of any nature whatsoever, pursuant to, or arising from, the terms of this charter agreement) no later than a certain number business days prior to the departure of the charter flight as specified to us by the aircraft operator.

Advance payment terms specific to your flight, as applied by each individual aircraft operator, will be stated clearly in this section.

Incidental amounts which may be unascertainable before the completion of the flight and which are not paid for in advance, including but not limited to fuel surcharge fees, catering, ground transportation services, car rentals, de-icing/anti-icing, hangarage, flight phone and internet costs, may be invoiced after the completion of the flight and such amounts shall be due and payable immediately by the charter customer. Payments may be settled by ACH/direct deposit, wire transfer, bank draft or AMEX credit card (in which a 3% convenience fee will be applied). The charter customer authorizes ELEVATE to charge the quoted amount and any other related expenses against the provided credit card.

5. Itinerary changes: Itinerary changes are permitted but are subject to aircraft owner approval, crew availability, as well as rate adjustments. Notification of changes and/or cancellations must be in writing and transmitted by email to charters@elevate-aviation.ca or by facsimile. If the charter customer’s trip is interrupted due to, without limitation, inclement weather, air traffic control, or customs, ELEVATE shall put forth best commercial efforts to assist the charter customer and maintain delays to a minimum. The charter customer shall be responsible for the original quoted cost of the trip plus any delays which are beyond ELEVATE’s reasonable control.

6. Cancellation Policy:

One-Way flights: A one-way flight reservation will result in a cancellation fee in the amount of 100% of the total quoted amount at the time of booking.

Round Trip flights may not be canceled after planned departure time, and are subject to the following charges if canceled:

Cancellation terms specific to your flight, as applied by each individual aircraft operator, will be stated clearly in this section.

Less than 7 days and 48 hours prior to departure will be charged 30% of the total charter rate.

Less than 48 hours prior to departure will be charged 50% of the total charter rate.

Less than 24 hours prior to departure will be charged 100% of the total charter rate.

No refunds can be given for the return portion of an itinerary that has already commenced. Not-withstanding the foregoing, the charter customer acknowledges and agrees that should ELEVATE use the services of another operator, the cancellation terms and conditions of that operator shall take precedence over the terms and conditions of this Agreement.

7. Mechanical Failure: In the event of a mechanical failure, ELEVATE shall make every reasonable commercial attempt to assist the completion of the scheduled charter flight, which may include the use of another aircraft possibly sourced from another operator. If no suitable replacement aircraft is available a full refund will be provided to the customer for the unused portion of the trip. The customer shall have the right to refuse the payment of additional costs owing to the use of a different aircraft, in which case the customer shall have the right to a full refund of the unused portion of the trip.

8. Identification Required Prior to Each Charter Flight: All passengers are responsible for ensuring that they have the required travel documentation, including passports and visas. Any parent or legal guardian traveling with a child under the age of 18 years old, without the accompaniment of the other parent or legal guardian, must provide an appropriate consent letter signed by the appropriate authorities. ELEVATE will request and forward this information to the aircraft operator prior to your flight date.

9. Security: Certain laws and regulations require ELEVATE to obtain and disclose certain personal information relating to the passengers. The charter customer confirms that it is authorized by each of the passengers to provide such information to ELEVATE.

10. Damages: The charter customer shall ensure that at all times the passengers act in a reasonable and responsible manner while on board the aircraft, and such conduct shall at all times be subject to the operator’s applicable policies and procedures, including the operator’s applicable tariff. In addition, the charter customer shall ensure that all passengers comply with the pilot in command’s instructions. The charter customer is liable for any damages they or their passengers may cause to the aircraft, including consequential damages arising therefrom.

11. Liability: ELEVATE shall not be liable for any damages arising from either i) the destruction, loss, damage or delay of baggage or ii) any bodily injury or death, and charter customer may only seek compensation for such damages under the terms of the applicable tariff. In the event the operator fails to operate the flight, or for any other obligations of the charter which the operator fails satisfy, the liability of ELEVATE shall be limited to only the amounts paid by the charter customer, less any non-refundable or used portions thereof. Except as otherwise stated herein, neither party shall be liable to the other for any consequential, special, indirect or incidental damages or loss of profit, loss of revenue or punitive damages of any kind or nature under any circumstances whatsoever and howsoever caused, nor for any losses or damages arising out of any lack or loss of use of he aircraft, unless caused by that party’s gross negligence or willful misconduct. Each party shall defend and hold harmless the other from and against any and all claims, causes of action and other liabilities (including reasonable attorney’s fees) arising in connection with the performance or non-performance of their respective obligations under this Agreement to the extent that such claim, cause of action or liability is not caused by the gross negligence or willful misconduct of the defaulting party, its agents, employees or representatives.

12. The charter customer understands that ELEVATE, is acting as agent for the charter customer, and the charter customer covenants and agrees to defend, indemnify and save ELEVATE Aviation Solutions and its affiliates harmless against any and all damage and liability, arising directly or indirectly, as a result of the aircraft charter brokering service.

13. Baggage: Most aircraft will accommodate a carry-on size piece of luggage per passenger. However larger containers, hazardous materials and oversize luggage need to be approved for safety purposes. Please advise of any potential problems in advance.

14. Prohibited items and Dangerous Goods: You are not permitted to carry on or transport any items classified as dangerous or Hazardous Materials (HAZMAT). For a complete list of items that are not permitted on board aircraft please consult:

For The United States:

https://www.tsa.gov/travel/security-screening/whatcanibring/all
https://www.faa.gov/about/initiatives/hazmat_safety/

For Canada:

https://www.tc.gc.ca/eng/aviationsecurity/page-147.htm

SHARED CHARTERS

In addition to the above, all passengers on board a shared charter are also required to abide by the following provisions:

15. The primary charterer means the customer that has signed the charter contract and then agreed to share their flight with others, with whom the primary charterer has no direct or indirect relationship.

16. An ELEVATE shared charter is a public charter under DOT Part 380 regulations. For any customer that joins a public charter the following shall apply:

Reservations are subject to availability and offered on a first-come, first-served basis. ELEVATE offers Public Charters for which MemberJets acts as principal in buying and reselling the air transportation. All flights are performed by FAA-licensed and DOT-registered air carriers. Prices quoted will be for a single seat on a shared flight. Flights operated through this program are MemberJets public charters operated by a DOT registered air carrier.

17. The primary charterer authorizes ELEVATE to act on their behalf as re-seller of seats which the primary charterer does not require for their flight.

18. The primary charter agrees that once they have committed to selling seats that they do not require, the primary charterer is obligated to surrender those seats and the surrendered seats are no longer available for use by the primary charterer. Should any of the surrendered seats remain vacant at time of aircraft departure these seats will revert back the primary charterer at no additional cost. ELEVATE will provide the primary charterer with an aircraft seat map and the primary charterer shall have first right on deciding which specific seats they will occupy, vs those which they will not.

19. The primary charterer is required to pay all ancillary charges, taxes and fees related to their flight as stated in Section 4.

20. ELEVATE shall reimburse the primary charterer for each successfully sold seat which the primary charter has authorized ELEVATE to resell on their behalf, at the price per seat agreed by the primary charterer upon successful completion of the flight, less a 7% sales commission per seat sold by ELEVATE and a $200 administrative fee per seat sold for listing seats on the market.

21. All passengers are required to abide by the Memberjets / Sky380 Passenger Code of Conduct and respect their fellow passengers while on board. Disruptive behavior by any passenger will not be tolerated.

22. The primary charterer shall have the right to tailor elements of their flight service to suit their needs, including but not limited to bringing on board a pet or service animal. The primary charterer shall inform ELEVATE of any pets or other potential impacts to the cabin environment at the time of booking. ELEVATE may then advise prospective customers purchasing seat(s) on board the aircraft of what to expect. Prospective passengers shall have the right prior to seat purchase to choose not to join the flight for reasons of personal comfort.

23. The primary charter warrants the sharing of any complimentary on board commissary items provisioned by the aircraft operator. Both primary charterer and prospective customers shall treat the complimentary on board commissary in a fair and equitable manner at all times while on board the aircraft.

24. Any additional catering ordered by the primary charterer shall be at their discretion and subject to payment terms in Section 4. ELEVATE shall assist the primary charterer to ensure that any catering specifically ordered is clearly labeled for the primary charterer. Prospective passengers joining the flight shall have the right to place their own catering order for their own personal consumption and ELEVATE shall assist the prospective customer(s) joining the flight to ensure their catering is so labeled.