General 

OTB Aviation acts solely as an agent for the Client to arrange charter services with one or more certified air carriers (“Carrier”) under the applicable regulations of the United States Federal Aviation Administration (“FAA”) and the Department of Transportation (“DOT”). Upon confirmation of a charter, OTB Aviation, as the Client’s agent, is authorized to enter into a charter contract with the Carrier. All flights will be conducted per the United States Federal Aviation Regulation (“FAR(s)”) Part 135, with the Carrier maintaining operational control of the aircraft at all times. OTB Aviation sources flights only through vetted Direct Air Carriers that meet FAA or CAA safety standards, along with additional safety measures established by OTB Aviation. CLIENT ACKNOWLEDGES THAT OTB AVIATION IS ACTING AS AN AGENT FOR ARRANGING CHARTER FLIGHTS ONLY. This Agreement remains valid and binding for each charter flight arranged by OTB Aviation until written cancellation by either party. Each specific charter flight will be supplemented by a “Charter Quote,” detailing flight specifics, pricing, cancellation terms, restrictions, aircraft description, and payment instructions. OTB Aviation maintains non-owned aircraft liability insurance of at least $100 million. 

Description of Services 

OTB Aviation provides aircraft charter brokerage services, acting as an intermediary to connect clients with certified air carriers. Services include sourcing suitable aircraft based on the Client’s specifications, arranging flight details with vetted Carriers, providing quotes with comprehensive 

pricing and terms, and facilitating payment processing. OTB Aviation also assists in organizing ancillary services such as catering, ground transportation, and managing international documentation when required. 

Costs and Expenses 

The Charter Quote will outline the charter price and related costs. The Client will be responsible for additional charges incurred by OTB Aviation, billed separately or included in the Charter Quote. These costs may include, but are not limited to, catering, ground transportation, flight phone, de-icing, fuel surcharges, crew expenses, air space navigation, weather service fees, international fees, and incidental expenses. The Client will also cover all applicable taxes, including but not limited to sales, VAT, FET, and Segment fees. The Client agrees to defend, indemnify, and hold OTB Aviation harmless against any such taxes. These obligations will survive the termination of this Agreement. 

Payment 

Payment for each charter flight is due upon confirmation, with receipt required to confirm aircraft availability. OTB Aviation reserves the right to accept credit card payments with a 4% additional fee. Additional payment terms may be agreed upon and listed in the Charter Quote.

Authorized Flight Schedulers 

The Client must notify OTB Aviation promptly in writing regarding any changes to the list of authorized flight schedulers. The Client will be held responsible for any costs resulting from a failure to update OTB Aviation about alterations in scheduler authorizations. Scheduling a flight requires contacting OTB Aviation by phone, email, or other pre-agreed methods, with aircraft only confirmed once full payment has been received unless noted otherwise in the Charter Quote. 

Operation 

The Carrier and captain hold full authority to ensure safety, including discretion over route deviations or alternative landings. These decisions are binding on the Client and all passengers. OTB Aviation does not control Carrier operations, which are solely the responsibility of the Carrier per FARs. OTB Aviation assumes no liability for the Carrier’s actions. 

Liability for Damages 

The Client will be liable for any damages to the aircraft or Carrier property caused by the Client or their passengers. 

Limitation of Liability 

OTB Aviation is not liable for loss, injury, delay, or cancellation due to force majeure events such as acts of God, fuel shortages, weather conditions, or other occurrences outside of its control. If disruptions occur, OTB Aviation will make commercially reasonable efforts to arrange alternative transportation. OTB Aviation is not liable for passengers who fail to appear at the specified Fixed Base Operator (FBO) at the departure airport or miss the departure. If any group member fails to report or board on time, the Carrier may depart as scheduled, and OTB Aviation shall be considered to have fulfilled its obligations. OTB AVIATION WILL NOT BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES, OR FOR AMOUNTS EXCEEDING THE PRICE PAID FOR THE CHARTER FLIGHT. 

Regulations 

This Agreement adheres to all applicable laws, regulations, and requirements of the FAA, DOT, and other relevant governmental authorities. 

Identification 

All passengers must provide valid government-issued photo identification before boarding domestic flights, or a valid passport for international flights. OTB Aviation is not liable if the Carrier reasonably refuses boarding due to lack of appropriate identification. 

Cancellation 

Cancellation terms for each flight are stated within the Charter Quote and align with Carrier’s policies. The Client is liable for any cancellation costs, fees, and penalties. Additionally, changes in date, time, itinerary, passenger count, or aircraft type may incur cancellation charges. Confirmed departures within certain high-demand travel periods are non-refundable. OTB Aviation reserves the right to modify its cancellation terms at any time.

Peak Travel Days 

These include major holidays and specified high-demand periods. Trips scheduled on or near these dates may have non-refundable terms and cancellation fees up to 100% of the trip cost. 

Price Quotes 

The Charter Quote provided is an estimate and may be subject to adjustments. Actual costs, including taxes, fuel surcharges, landing charges, catering, and other out-of-pocket expenses, will be billed post-flight if they vary from the initial estimate. 

Exclusions and Indemnity 

OTB Aviation shall be indemnified by the Client for any misrepresentations by the Carrier or errors on the OTB Aviation website. OTB Aviation is not responsible for any omissions unless explicitly stated. 

Termination of Agreement 

Either party may terminate this Agreement in writing. The Client is required to settle all outstanding payments for services rendered before termination. 

Severability Clause 

If any provision of this Agreement is deemed invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision will be replaced by a valid, enforceable provision that most closely reflects the original intent of the parties. 

Binding Effect and Miscellaneous 

This Agreement binds the parties and their respective successors. Modifications must be in writing. This Agreement may be executed electronically, and all communications must be acknowledged in writing. The prevailing party in any enforcement of this Agreement is entitled to recover reasonable attorney fees and court costs. 

Disclosures 

OTB AVIATION ACTS SOLELY AS AN AGENT FOR CLIENTS TO ARRANGE CHARTER FLIGHTS AND DOES NOT OWN OR OPERATE AIRCRAFT. All flights arranged through OTB Aviation are operated by FAA-certified Part 135 carriers, who retain full operational control. 

Governing Law 

This Agreement is governed by the laws of the State of Florida without regard to conflict of law provisions. Each party consents to the jurisdiction and venue of Florida courts. 

Client Acknowledgment 

By engaging with OTB Aviation LLC’s services, the Client acknowledges and accepts these Terms and Conditions. Any amendments must be agreed upon in writing by OTB Aviation.