PUBLIC CHARTER OPERATOR-PARTICIPANT CONTRACT
This agreement sets forth the terms and conditions under which we Next Great Place Inc. DBA NextGreatTrip (“NGT”) in return for payment of the amount indicated as the total charter price, agree to provide you this charter flight and other experiences. RESPONSIBILITY: We, as the principal, are responsible to you for arranging and providing all of the services and accommodations offered in connection with these charter flights, provided, however, that in the absence of negligence on our part, we are not responsible for personal injury or property damage caused by the air carrier, hotel, or other suppliers of any of the services being offered in connection with the charter and other experiences mentioned in the itinerary.
RESERVATIONS AND PAYMENT: Complete payment is due upon booking. If the charter is fully booked when your reservation is received, your payment will be returned within 7 days, or with your authorization, we can retain the deposit and place your name on a waiting list in case other passengers cancel their reservations. Even if you authorize us to put your name on a waiting list, we will notify you within 7 days that your selected flight is fully booked. This flight requires a minimum of 24 participants, otherwise all money will be refunded.
FOR THE TRIP FEES, ALL CHECKS, MONEY ORDERS, AND CREDIT CARD PAYMENTS MUST BE MADE PAYABLE TO First Niagara Bank OUR DEPOSITORY BANK.
CHARTER PRICE: The total charter price as quoted to me includes roundtrip public charter flight from New York/ Teterboro, NJ (TEB) to Sea Island, Georgia (SSI). Any tips or gratuities not specifically mentioned as included in the total charter price will be at your discretion. Except for "major changes," as described below, no refund will be made for any accommodations or services included in the charter price which you voluntarily do not use. The final balance due for this trip is due upon booking. We may change departure airports in either city based on operational needs, and will inform all passengers prior to the flight if we need to do so.
INSURANCE: Trip cancellation, health, and accident insurance are available. We strongly recommend it. This important, low-cost protection can save you money if you are forced to cancel or alter your trip. If you are interested in receiving more information about this coverage, please contact our team.
The air carrier allows each passenger to bring a checked bag no more than 30 lbs. For DOMESTIC flights, the carrier’s liability is limited to $3000 total, for checked and unchecked baggage. The air carrier must be notified immediately before you leave the airport if you have an issue.
AIRCRAFT: This flight will be performed by Ultimate Jetcharters using a 30 seat Dornier 328 Jet aircraft. The air carrier and/or NGT reserves the right to substitute equivalent aircraft if necessary, or smaller aircraft if participation is limited..
SECURITY AGREEMENT: Your trip fee payments are protected in part by a Surety Trust Agreement that we have obtained from First Niagara Bank. Unless you file a claim with us, or, if we are not available, with the securer within 60 days after the completion of the charter, the securer will be released from all liability to you under the security agreement
CANCELLATION AND REFUND: IF YOU CANCEL YOUR RESERVATIONS: YOUR RIGHT TO RECEIVE A REFUND IS LIMITED, as set forth in the following schedule. All requests for refunds must be sent to us in writing or by email.
If your notice is received: You will receive:
No refund unless if the plane is sold out and we are able to resell your seat(s) a full refund, less a $25 administrative fee.
Or if you are able to provide a substitute a full refund, less a $25 administrative fee.
Refunds will be made within 14 days of receipt of your notice of cancellation.
IF WE MAKE MAJOR CHANGES PRIOR TO DEPARTURE: YOU HAVE THE RIGHT TO CANCEL AND
RECEIVE A FULL REFUND. The following are major changes: (1) a change in the departure or return date, unless the change results from a flight delay experienced by the air carrier. (If, however, the delay is longer than 48 hours, it will be considered a major change.) (2) a change in the origin or destination city, unless the change affects only the order in which cities named in a tour package are visited; (3) a substitute of any hotel not listed in this contract; and (4) a price increase of more than 10 percent occurring 10 or more days before departure. In no event can we increase your price less than 10 days before departure. If a major change must be made in the program, we will notify you within 7 days after first learning of the change, but in any event at least 10 days prior to the scheduled departure. If, less than 10 days before scheduled departure, we become aware that a major change must be made, we will notify you as soon as possible.
WITHIN 7 DAYS AFTER RECEIVING NOTIFICATION OF A MAJOR CHANGE, BUT IN NO
EVENT LATER THAN DEPARTURE, YOU MAY CANCEL YOUR RESERVATION AND YOU WILL
RECEIVE A FULL REFUND WITHIN 14 DAYS AFTER CANCELING.
If a major change occurs after the departure of the flight, which you are unwilling to accept, we will refund, within 14 days after your scheduled return date, that portion of your payment, which applies to the services, not accepted.
IF WE MUST CANCEL THE CHARTER: WE WILL NOTIFY YOU IN WRITING
WITHIN 7 DAYS OF THE CANCELLATION, BUT IN NO EVENT LATER THAN 10
DAYS BEFORE THE SCHEDULED DEPARTURE DATE. We have no right to cancel the charter less than 10 days before departure, except for circumstances that make it physically impossible to perform the charter trip. If that occurs, we will notify you as soon as possible, but not later than the scheduled departure date. If the charter is canceled, we will make a full refund to you within 14 days after cancellation. The rights and remedies made available under this contract are in addition to any other rights or remedies available under applicable law. However, we offer refunds under this contract with the express understanding that the receipt of that refund by a passenger waives the additional remedies.
INTERNATIONAL FLIGHTS: The operation of these flights is subject to the foreign governments involved granting landing rights for the flight. If the air carrier cannot obtain these rights, the flight will be canceled and a full refund will be made to you automatically.
Until my reservation is confirmed, the cost of the trip is subject to change. Once my reservation is confirmed, the Daily Fee specified for my Requested Experience will not change. I agree that changes which I am permitted make to any confirmed reservation, such as to the number of travelers, age of travelers, bedding configurations, or other confirmed information, may result in an additional charge, or the imposition of a full or partial cancellation fee or administrative fee. Except as specified in the trip materials, I will be responsible for all expenses associated with me or my guests’ participation in my trip. I understand that other experiences I incur from third parties in connection with my trip (ie visas, activities with vendors) may have a different cancellation and refundability terms and conditions, and that payments made by me to such parties may be 100% non-refundable.
NGT and our partners will not be responsible for me or my guests’ costs resulting from costs resulting from NGT’s, our vendors’, and our partners failure to deliver any service if the cancellation is due to forces beyond NGT’s control, including but not limited to: tour operator failures, flight cancellations, acts of war, government instability, terrorist attacks, acts of nature, power outages, system failures, government travel warnings applicable to any location included in a trip, or any event beyond NGT’s our vendor’s or partner’s control that makes an NGT trip unavailable. Under no circumstances will NGT be required to provide alternative accommodation or reimburse or credit me any fees paid or any expenses in connection with any such cancellation.
I understand the proper documentation is required to be obtained by me and my guests for all trips with NGT and that any individual (whether me or any of my guests) who fails to have proper documentation at the time of departure may be prohibited from participating and will not receive any credit or refund. Proper documentation typically means a valid passport (or Visa when applicable) for international trips, and a valid government ID for domestic trips. I agree to furnish information to NGT in a timely manner that is required for this. I also understand that not arriving on time for flight departures may cause me to forfeit travelling with NGT and I will not receive any refund or credit.
Additional Documents and Preferences
I understand that once NGT confirms my reservation, I will promptly execute and deliver to the NGT or any partner agreements, instruments, certificates, or other documents as the NGT or its partners or vendors may reasonable request or as may otherwise be necessary or proper to facilitate my participation on trips and that of any minors travelling with me. I understand that such documents may impose additional terms and conditions regarding my trip. Furthermore I agree to respond to requests from NGT or vendors or partners regarding trip specific preferences for me and my guests by any deadline specified by NGT. If I fail to respond to any such request, I agree that NGT may make a selection on behalf of me and my guests, and will use its efforts to accommodate a preference I submit after the deadline, but I understand that NGT may not be able to accommodate such preferences, and that the NGT’s selection on my behalf because of my failure to respond by the specified deadline is binding
Included and Not Included Items
Included and not included items will be specified in the itinerary. Generally speaking airfare and accommodations will be included. Participants should review the itinerary to review if ground transport in the destination, meals or activities will be included. Additional expenses due to delayed, cancelled, or changed flights are not included. In these events NGT will work with the vendor and participants to find alternative arrangements. This is a courtesy and neither NGT nor the vendor can be held responsible for denied boarding nor for the additional cost incurred, nor for monies not recovered for missed arrangements due to air delays.
Changes- The price of my experience will not change after I have paid my deposit, except that NGT or its Vendors may impose an additional charge only for to the extent of new or increased taxes, tariffs, or fuel surcharges after the prices were published.
I represent as follows. Neither I nor anyone travelling with me has any physical condition or disability that could create a hazard or risk to me or to other travelers in the group. If I or anyone travelling with me has a physical or other condition or disability that could create a hazard or risk to me or to other, I will disclose it to the Club at the time of booking. If I learn of any such condition during travel, I will disclose it to NGT or its vendors. I understand that if I am under the heavy influence of alcohol or drugs and if the NGT staff or air carrier staff deem me inappropriate to participate in any activity, including in the flight, I may be excluded from any activity and will not hold NGT or the Air Carrier liable. I understand some trips will require a minimum level of fitness such as must being able to climb stairs to enter an airplane. NGT or its vendors may in its sole discretion but has no duty to, prevent participation in any activity or portion for a trip that it considers unsuitable due to fitness level.
Use of Independent Contractors
NGT (including its employees, shareholders, officers, directors, successors, and agents) does not own or operate any person or entity which is to, or does provide good or services for your trip and experiences. Because NGT does not maintain any control over the personnel, equipment, or operations of these suppliers, NGT assumes no responsibility for and cannot be held liable for any personal injury, death, property damage, or other loss, accident, delay, inconvenience, or irregularity which may be occasioned by reason of (1) any wrong, negligent, willful, or unauthorized acts or omissions on the part of any of the trip and experience suppliers, or other employees or agents, (2) any defect in or failure of an vehicle, equipment, instrument owned, operated or otherwise by any of these suppliers, or (2) any wrongful, willful, or negligent act or omissions on any part of any other party not under the supervision or control of NGT.
On Time Departures-
I understand that if I fail to be at the airport and ready to board the plane less than 15 minutes prior to departure, I may forfeit my right to fly on the plane and may be denied boarding. If this occurs I will be responsible for my own transportation and will not hold NextGreatTrip or Key Lime Air responsible. This also applies to any group activities. If I am late to group activities, the group may leave without me, and I will be responsible for my own transportation or other arrangements.
I accept these terms and conditions applicable to my trip with NGT and acknowledge that are fair and reasonable, and that they are binding to me when I click on "Submit", “Agree” or “Accept” or a similar button to submit it to NGT electronically. Until then, all terms and conditions are subject to change without notice.