Bahama Executive Air Charter Service

Agreement

When you fly with Golden Wings Charter, you agree to the following conditions:

1. Carrier shall not be responsible for any death, injury loss or claim of whatever nature arising out of or in connection with carriage or other service rendered unless such damage is proved to have been caused by the carrier and there has been no contributory negligence of the passengers.

2. In any event, liability of the carrier for death or injury of a passenger shall not exceed $100,000.

3. Carrier shall have no responsibility or liability for any loss, damage, expense, mechanics, delay or prevention of the completion of any flight resulting from force majeure, legal process, sanctions, quarantine restrictions, fire, fog, flood, severe weather, riots or civil commotions, strikes, ATC delays, compliance with government laws or regulations or such things of similar nature beyond the control of the carrier. If carrier is unable to perform or complete the flight due to such, it shall be under no liability or obligation other than the refund of the proportionate part of the price pro-rated to the distance remaining unflown.  If a flight does not reach its destination due to weather, charges apply to any destination reached and return flight of the aircraft and crew (with or without passengers) to its home base.

4. Carrier shall not be liable for any pecuniary loss or damage whatsoever or howsoever arising from delays or failure of aircraft.  This includes missed connections on other airlines or other charter operators.

5. Carrier shall be in complete control of the aircraft at all times and shall have complete discretion to determine what loads shall be carried or not carried, the stowage and distribution of such load, where landing shall be made and not made, and all other matters relating to the operation of the aircraft. Golden wings may at its discretion, remove any passenger whose mental or physical demeanor is considered to jeopardize the flight or are a nuisance including being drunk or under the influence of a controlled substance.  No refund of any portion of the fare shall be given.

6. Our charter rates are for one-way travel unless customer advises carrier at time of booking that aircraft will be utilized in both direction. Carrier reserves the right to utilize, without refund, of any portion of the charter price, any unused portion of the charter space and/or payload.

7. Carrier shall not be liable for loss of money, bullion, bonds, coupons, jewelry, precious stones, paintings, antiques or valuable papers.

8. This agreement is entered into by the charterer both on his behalf and as agent for persons and the owners of all goods carried in the aircraft.

9. No servant or agent or representative of the carrier has authority to alter, modify or waive any provisions of this agreement.

10. There shall be no refund of any part of the cost of the fare or landing charges should the charterer fail to appear for the flight or gives notice of cancellation within 3 days of the flight. If cancelation is given to the carrier between 4 and 7 days of the flight, there shall be a refund of 75% of the fare issued.  If the Carrier is given at least one weeks’ notice of cancellation, there shall be a full refund. Once the first leg of the charter has been flown, the remaining legs are non refundable. The remaining flights may be changed, based on availability, or upgraded for an additional fee, however, they are non refundable.  Cancellations are not in effect until we issue a written cancellation acknowledgement.  Holidays and holiday weekends may not be cancelled, which include, Christmas, New years, Easter and Thanksgiving.

11. Payment Requirements: All flights shall be prepaid.

12. There shall be one lead passenger per flight.  Payment will be accepted from the lead passenger only.  All correspondence shall be made through the lead passenger.

13. The charterer shall be responsible for ensuring that all APIS information submitted to Golden Wings Charter is correct. Should a fine be levied by U.S. Customs and Border protection against Golden Wings Charter for submitting incorrect data supplied by the passenger, the fine shall be passed on to the charterer.

14. Golden Wings Charter is not liable for expenses incurred for replacement transportation in the event the flight is interrupted due to any mechanical or other problems the plane may have either before or during the flight, (in such cases our charges apply only on portions of flight completed).  Golden Wings Charter may, at its option, provide substitute transportation, which shall be charged as an additional fee to the charterer, in which case, the charterer shall hold harmless and shall indemnify Golden Wings Charter against any and all losses.

15. All flights are single pilot operations. Additional pilots are available upon request, for an additional fee.

16. All landing permits paid for by the carrier shall be reimbursed by the charterer regardless of any cancelation of the flight for any reason whatsoever.

17. All currencies are quoted and to be paid in Bahamian Dollars.  Any charges or discounts due to exchange of currency are to be paid by the charterer.

18. All litigation and arbitration shall be under the jurisdiction of the Country of the Bahamas.  Prior to any litigation being filed, the parties shall first submit to arbitration within 60 days of notice of a claim to either party.  Each party shall choose one arbitrator who shall in turn choose a third arbitrator.  All arbitrators are to be Bahamian nationals and 20 years of age or older and not any blood or legal relationship to any of the parties.  A majority of the arbitrators is needed for a decision and for which the parties shall be bound.  Litigation is to be only if the arbitrators cannot agree by majority.  Each party is to pay their own attorney fees and court costs, as well as any such costs and fees resulting from the arbitration.  The third arbitrator’s fees and costs are to be shared equally between the parties.

19.  All flight tickets may not be transferred to any third party without the written consent of the carrier.