Terms & Conditions 

 
Exclusive Control and Performance
 

 
MS Aviation NY
6014 11th Ave, Suite 304, Brooklyn NY 11219
Tel: 718-682-0444 / Email: msaviation@outlook.com

MS Aviation NY shall have exclusive direction and operational control over the aircraft, its crew and passengers, and all cargo on board. MS Aviation NY agrees to undertake to provide the transportation services with due diligence but does not guarantee any speed, route, departure or arrival time or date. There is no express or implied “ownership” of any flight legs. MS Aviation NY shall have the exclusive right to choose the FBOs to utilize for arrival/departure points. If a Client desires MS Aviation NY to utilize an
alternative FBO, then MS Aviation NY shall charge a fee of $550 per
arrival/departure at any such alternative FBO. MS Aviation NY shall be
entitled to subcontract the whole or any part of the transportation services
so long as any subcontractor is a properly certificated air carrier capable of
performing all of MS Aviation NY’s obligations being delegated to said air
carrier, and each such subcontractor shall be entitled to all rights, benefits,
defenses, limitations and/or immunities available to MS Aviation NY
pursuant to this Agreement. 
Liberties
MS Aviation NY shall be at liberty to make interim stops for fuel, supplies,
repairs and take whatever steps and do whatever actions it deems
necessary for the protection of itself, the aircraft, pilots and passengers,
including, without limitation, the substitution of another aircraft. All empty
leg flights stipulated in this Agreement, as well as all empty leg flights in
connection with performance of all Charter Flight(s) agreed upon in this
Agreement, are at the exclusive disposal of MS Aviation NY. 
Right of Refusal
MS Aviation NY may refuse carriage of cargo, baggage, or luggage that, in
its sole discretion, and without limitation: is improperly packaged; is not
suitable for carriage; is hazardous and/or dangerous; exceeds the
operational capacity of the aircraft; cannot be loaded within the allotted
space; cannot be transported in accordance with applicable laws and
regulations; or has an aggregated value in excess of $1,000,000 with no
prior special arrangements having been made. All passengers traveling
aboard a MS Aviation NY charter are encouraged to review the most recent
list of prohibited items from the TSA website (http://www.tsa.gov/travelerinformation/prohibited-items)
or
contact
a
charter
sales
representative
for

more
information.

Cancellation
If Client cancels a Charter Trip, Client shall pay the following amount to MS
Aviation NY: 
A cancellation, at any time, of a one-way Charter Trip will result in a
cancellation fee equal to 100% of the quoted cost of the canceled Charter
Trip. 
A cancellation within 24 hours of the scheduled departure for domestic
Charter Trips or within 48 hours of scheduled departure for international
Charter Trips will result in a cancellation fee equal to 100% of the quoted
cost of the canceled Charter Trip. 
A cancellation within 48 hours of (but more than 24 hours from) the
scheduled departure for domestic Charter Trips or within 72 hours of (but
more than 48 hours from) scheduled departure for international Charter
 
Trips will result in a cancellation fee equal) equal to the (i) any costs
incurred by MS Aviation NY and the air carrier in preparation for the
cancelled Charter Trip, including positioning/repositioning an aircraft and
flight crew in preparation for the cancelled trip, and (ii) charges equivalent
to two hours of flight time. 
For any cancellations more than 48 hours prior to scheduled departure for
domestic Charter Trips or more than 72 hours prior to scheduled departure
for international Charter Trips, Client will be required to reimburse MS
Aviation NY for any costs incurred by MS Aviation NY in preparation for the
trip. Other than such reimbursement, Client will not be charged a
cancellation fee for flights cancelled more than 48 hours prior to scheduled
departure for domestic Charter Trips, or more than 72 hours prior to
scheduled departure for international Charter Trips, except in the following
circumstances: (i) when an advance deposit is required for a firm
reservation, some or all of the deposit may be payable as a cancellation fee,
or (ii) when MS Aviation NY has, at or prior to the time the Client makes a
firm reservation, notified Client that there will be a cancellation fee. In each
of these instances, MS Aviation NY will provide Client with a cancellation
fee schedule at the time of such deposit or firm reservation. Any
cancellation fees are not to be deemed a penalty, but rather shall be paid
to MS Aviation NY for MS Aviation NY's actual expense and damage caused
by cancellation. 
Termination of Charter Flight
MS Aviation NY may terminate a Charter Flight without notice if MS
Aviation NY, in its sole discretion, determines that transportation would be
unsafe or in violation of any applicable law, rule or regulation. 
Diversions
MS Aviation NY may at the reasonable discretion of the aircraft captain or
MS Aviation NY's director of operations or chief pilot divert, postpone or
delay any Charter Flight. MS Aviation NY assumes no obligations to operate
over any particular route or routes, and MS Aviation NY is hereby
authorized within reasonable limits to select the routes to be flown over or
deviate from. 
Partial Completion of Charter Flights
MS Aviation NY is not liable for expenses incurred for replacement
transportation if required due to a mechanical issue with the scheduled
aircraft, in which case Client will be responsible for all costs up until the
mechanical issue occurred, including positioning legs. MS Aviation NY may,
at its option, provide substitute transportation that may be charged as an
additional fee to Client. If a Charter Flight does not reach its destination due
to weather, Client shall only be charged to any destination reached and the
return flight of the aircraft and crew (with or without passengers) to home
base. 
Client Responsibilities
Client 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 Client, its employees, family members, associates
and/or the cargo. 
 
Limitation of Liability 

 
 
6014 11
 
MS Aviation NY
 Ave, Suite 304, Brooklyn NY 11219
Tel: 718-682-0444 / Email: msaviation@outlook.com
th
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, or
damages for loss of revenue, profit, business opportunities and the like, or
attorneys’ fees, 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. 
Force Majeure
MS Aviation NY 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 the MS Aviation NY
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 MS Aviation NY's
director of operations to be in jeopardy. In case of such cancellations MS
Aviation NY shall be under no obligation or liability to Client beyond refund
of any unearned prepaid amount of the agreed Charter Services Price for
such cancelled Charter Flight(s). 
Payment Policy
Client shall pay MS Aviation NY for each Charter Trip, which shall be
deemed irrevocably earned unless transportation hereunder is canceled, in
which event the provisions of Subsection “Cancellation” shall apply. MS
Aviation NY may require said payment in advance for each Charter Trip by
wire transfer, MS Aviation NY, at its election, may also require a credit card
authorization pending, receipt of funds. All segment fees and F.E.T. will be
paid by the broker/agent or client, unless otherwise noted. 
Subsequent Billings and Payment; Late Payment and Interest
Unless otherwise indicated, the Quote includes fuel, oil, crew salary and
aircraft maintenance costs. All other expenses, charges and costs, including
de-icing and hangarage charges for the Aircraft, if necessary, shall be
invoiced to Client. Subsequent to the completion of Charter Trip, MS
Aviation NY shall invoice Client for the actual flight charges (if greater than
the Quote), and shall further invoice all other charges, expenses and
advances on a monthly basis and as they are received from applicable
vendors, government authorities and so forth. Full reconciliation for
international trips may take up to six months. All payments are due within
ten (10) days of receipt of invoice and shall be made without deduction or
setoff. Any amounts not paid when due shall be subject to a late fee of $.05
for each $1.00 that is unpaid. Amounts which are due but unpaid shall
accrue interest at a rate of one and one-half percent (1½%) per month or
 
the highest rate allowed by law, whichever is less, until paid in full. Funds
must be payable in US dollars and can be in the form of a wire transfer or
check. 
Collection, Lien and Related Rights
Client shall remain responsible for all sums due hereunder until fully paid.
Client shall pay for or reimburse MS Aviation NY for its costs related to any
efforts to collect amounts due hereunder, including legal fees and costs. 
 PAYMENT OPTIONS:  
___ Payment in advance of travel by check or wire transfer. A credit card is
still required to secure any related services. 
___ Pre-approved credit terms arranged. 
CREDIT CARD AUTHORIZATION - A valid credit card is required to hold
reservation regardless of payment terms
Name (as it appears on the card) __________________________________
Company (if applicable) __________________________________________
Signature ___________________________________ Date______________
Card Type     Visa | Master Card| American express | Discover
Card Number________________________________ Exp __/___ CCV _____
Billing Address__________________________________________________
City________________ State_____ Zip_________ Country______________
Phone __________________________ Cell _________________________  
E-Mail________________________________________________________
 
Wire Transfer Information –  
Company Name: MS Aviation NY   
Bank Name: Chase Bank    
Account #: 4507074234 Routing #: 021000021 Swift Code: CHASUS33
I have read and agree to the above terms and conditions.   
Acknowledged by: ______________________ Title: ___________________  
Signature: _____________________________ Date: __________________