The terms and conditions stated herein (collectively, the “Agreement”) constitute a legal agreement between you and Cabo Platinum, a Nevada LLC (“Cabo Platinum”). In order to use the Service (defined below) and the associated Application (defined below) you must agree to the terms and conditions that are set out herein. By using or receiving any services supplied to you by Cabo Platinum (collectively, the “Service”), you hereby expressly acknowledge and agree to be bound by the terms and conditions of the Agreement, and any future amendments and additions to this Agreement as published from time to time on our website.
THESE TERMS INCLUDE A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. IF YOU LIVE IN THE US, THESE TERMS AFFECT YOUR RIGHTS TO RESOLVE A DISPUTE WITH CABO PLATINUM AND YOU SHOULD REVIEW THESE TERMS CAREFULLY.
Cabo Platinum reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service or Application at any time, effective upon posting of an updated version of this Agreement. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.
ARRANGING JET CHARTERS
You will be responsible for arranging charters with a Jet Charter Specialist, through the Cabo Platinum website, Cabo Platinum’s website(s), through a phone call with a Cabo Platinum representative, or other methods acceptable to Cabo Platinum. Acceptable methods may include email, text message or telephone with a Jet Charter Specialist.
Any and all Jet Charters listed on the Cabo Platinum website are available for reservation. They are on an instant booking availability and are subject to first come, first served. Our team will act in the best of their ability, but cannot guarantee the rates, availability or options. Each charter is independent and provides its own amenity set and charter terms of service. Be sure to request this prior to signing the charter form and making payment.
CONFIRMATION OF CHARTERS
Cabo Platinum will confirm the availability of the Jet, and coordinate signature of all necessary documents for reserving the Jet, and receipt of payment. It is your sole responsibility to carefully verify all travel details reflected in the confirmation when booking. Upon your acceptance of the confirmation, you become subject to Cabo Platinum’s cancellation policy.
PAYMENT FOR CHARTER SERVICES
You agree to provide all requested information, including but not limited to a first and last name, email, phone number, main residence, International travel documentation and a credit card to be kept on file to be used for pre-authorization/reserve and payment/capture for services according to these terms and conditions, as well as others which may be included at the time of booking. When reserving a Jet, a payment will be processed for the Total Price stated on the Website as follows:
If a reservation is confirmed more than 7-days prior to the charter date, then Cabo Platinum will charge you a non-refundable reservation deposit which will be equal to 50% of the Total Price (the “Reservation Deposit”).
On the 7th day, prior to the charter date, you will be charged the remaining amount of the Total Price by Cabo Platinum. If a reservation is confirmed 7-days or less, prior to the charter date, then the Total Price of the Jet charter will be charged to you by Cabo Platinum.
Any fees that Cabo Platinum may charge you for the Application or Service, are due immediately and are non-refundable. This no refund policy shall apply at all times regardless of your decision to terminate the Charter Agreement, our decision to terminate your usage, disruption caused to our website, either planned, accidental or intentional, or any reason whatsoever. Cabo Platinum reserves the right to determine the final prevailing pricing. Please note the pricing information published on the website may not reflect the prevailing pricing.
Cabo Platinum, at its sole discretion, may make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. Cabo Platinum may change the fees for our Service or Application, as we deem necessary for our business. We encourage you to check back at our website periodically if you are interested about how we charge for our Service. Payment for Services, including the Jet Charter Invoice, shall be subject to the following terms and conditions, which may be amended from time to time, at the discretion of Cabo Platinum.
Additional expenses may be incurred for the following: fees for bringing pets, cleaning relating to pets or required Jet cleaning due to extraordinary mess, special catering orders, ground transportation, terminal fees, special customs assessments and other services whether or not itemized in the confirmation documentation–will be billed when incurred. There may be a fuel surcharge if Jet is pushed to perform at high speeds or a foreign aviation fee for entering foreign locations that were not on the manifest or planned, which may be itemized separately and appear as an added charge upon booking or a later time if services are added or consumed after booking. These charges may originate from Cabo Platinum as the broker providing Jet charter services or a third-party provider. Unless otherwise noted by you, charges related to such additional expenses will be charged to the credit card on file.
If any Additional Expenses are accrued, then Cabo Platinum will charge the credit card on file and transmit a Final Invoice to you detailing incurred charges after the charter or as soon thereafter as charges for additional service and extraordinary items are provided by the Broker to Cabo Platinum. In the event that any amount due from you to Cabo Platinum hereunder remains unpaid for more than five (5) days beyond the date such amount was due to be paid, such outstanding amount shall be subject to interest at the lesser of 5.5% per month or the maximum amount of interest permitted by law, whichever is more. In the event that any form of payment provided by you to Cabo Platinum is rejected and Cabo Platinum incurs any fees as a result of such rejection (e.g., insufficient funds, Credit Card disputes), you shall be responsible to reimburse Cabo Platinum promptly for all such fees.
IDENTIFICATION AND TRAVEL DOCUMENTATION
In accordance with the United States Federal Aviation Administration (“FAA”) regulations and other Governmental regulations, Member and Members’ authorized guests are required to comply with all FAA regulations, and will be required to present valid identification prior to departure for all charters. For international charters, you and any other passenger must have a valid passport in his or her possession as well as any required visas or entry documentation, which may be required. Cabo Platinum has the right to refuse boarding to any person without the required documentation or non-compliance with FAA or other government regulations without recourse or further obligation to Cabo Platinum.
Cabo Platinum will require you to provide specific and accurate passenger information regarding all persons traveling pursuant to arrangements made by you, after or during the booking process and furnished to Cabo Platinum no later than forty-eight (48) hours prior to departure. In general, Cabo Platinum will coordinate regarding passenger count, accommodations, any luggage size and weight, contents within the luggage, pets, positive identification, and other information which may be required according to the operating specification for the Jet and at its sole discretion. You agree to furnish accurate and timely information to Cabo Platinum upon Cabo Platinum’s request, and understand that failure to provide the information, providing inaccurate or incomplete information in a timely manner may result in delaying a charter, Cabo Platinum or the pilot electing to deny boarding, and may result in you missing the charter which is considered a cancellation without notice and will incur a cancellation penalty as defined herein.
You agree that you are obligated to charter according to the Jet Charter Itinerary provided by Cabo Platinum and signed by you, which stipulates the departure time based on and in consideration of the preferred departure time, indicated by you, at the time of booking.
YOU MUST BE AT THE JET PREPARED TO TRAVEL AT THE DEPARTURE TIME INDICATED ON THE JET CHARTER ITINERARY. IF YOU ARE NOT AT THE JET 30 MINUTES AFTER THE SCHEDULED DEPARTURE TIME READY TO DEPART, YOU WILL HAVE MISSED THE CHARTER.
Pilots may wait up to 1-hour after the indicated departure time as a grace period, but are under no obligation to do so. Should you miss a charter, you are solely responsible for alternate arrangements, although Cabo Platinum will use its best efforts to make alternate arrangements at an additional cost to you. You will be charged for the missed charter and payment will be rendered according to the terms and conditions of the confirmation and this Agreement, failing which, the pre-authorized credit card will be charged as provided for herein.
DISCLAIMER OF RESPONSIBILITY FOR DELAY/CANCELLATION, OTHER
Cabo Platinum shall not be liable for any delay or failure to perform in connection with any charter, Service or in the performance of any obligation hereunder, if such delay or failure is due to or in any manner caused by acts of God, rebellion, riots, hijacking, insurrection, civil commotion, strikes or labor disputes, fires, floods, laws, regulations, acts, demands or and orders of any government or agency, seizure of the aircraft under legal process, adverse weather conditions, inability to obtain fuel, aircraft damage or loss, lack of essential parts or supplies, mechanical problems, illness or incapacitation of crew members, denial of operating or landing approvals, clearances or permits by governmental authority, or any other cause which is beyond the control of Cabo Platinum. Cabo Platinum is hereby released from any claim or demand for any direct or consequential damages arising out of failure to perform as a result of a force majeure event whether or not herein enumerated or other event referenced above. Cabo Platinum will use best efforts to make acceptable alternate charter arrangements should any of the above occur and cause a delay. In no event shall you pursue Cabo Platinum for any amount in excess of the amount paid by you to Cabo Platinum.
You agree to reimburse Cabo Platinum for any and all reasonable costs and expenses incurred as a result of damage to the Jet interior and or exterior which is caused by carelessness or neglect by you or any of your guests. Cabo Platinum may debit all charter expenses and other charges incurred by you, including costs of damage to Jet caused by you or your guests.
It is the sole responsibility of the owner of the Jet to maintain liability insurance coverage, including proper charter insurance. Cabo Platinum is not liable for any claims arising in connection with or related to the Jet.
Is it the responsibility of the passengers, users and guests of the jet to confirm they have their own medical insurance and will be responsible for their own hospital expenses, in case of an accident at the airport ramp or FBO facilities. If needed, it is the Client’s responsibility to procure Travel Insurance. If needed, our team can suggest OPTIONAL TRAVEL INSURANCE. This must be confirmed on or before the time of booking and is as follows:
STANDARD Travel Insurance covers risks incidental to planned travel such as sickness, accidental injury, or death of you or a family member (or of a traveling companion), weather delays, natural disasters, unexpected changes in your employment, and many more specified reasons, which can be found HERE. This costs 7% of your total charter invoice amount.
For an additional charge, you can choose the PLATINUM INSURANCE benefit which pays up to 60% of pre-paid, non-refundable charges should you cancel for any reason not covered by standard travel insurance. This costs 10.8% of your total charter invoice amount.
The premium charged for travel insurance is generally non-refundable after 15 days of coverage purchase.
As a covered traveler, should you have a medical issue or experience a trip delay or interruption due to unforeseen developments, you may initiate your claim by calling (833) 610-0736. For more information,
please visit https://caboplatinum.rentalguardian.com/ or consult your coverage documents. Guests opting not to purchase travel insurance should be aware that per the terms and conditions in your charter agreement, a refund-in-full of your reservation deposit(s) will not be available; therefore, your entire charter payment could be at risk.
USE OF OUR SERVICE
Key Content-related Terms
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information, or other materials.
“Cabo Platinum Content” means Content that Cabo Platinum makes available through the Service or Application, including any Content licensed from a third party, but excluding User Content.
“User” means a person who accesses or uses the Service or Application.
“User Content” means Content that a User posts, uploads, publishes, submits or transmits to be made available through the Service or Application.
“Collective Content” means, collectively, Cabo Platinum Content and User Content.
CHARTER CONDITIONS AND USAGE
Your use of each aircraft within our fleet is solely for Family, Business, and Pleasure Private Travel purposes, so its use for transportation of cargo activity of any kind will be prohibited. Any transport of cargo must be arranged ahead of time. This includes, but is not limited to livestock, fruits/vegetables, alcohol, narcotics, live tissue/organs, medical use and/or goods that have not been registered with the USA/MEXICAN Customs Agency and Border Protection.
The private aircraft service includes airport fees, fuel, premium snacks, and beverages. This service must be previously chosen in advance by the CLIENT in order to be delivered as requested.
The maximum occupancy of the aircraft is for the number of passengers stipulated within your charter agreement.
The CLIENT and her/his companions will comply with all instructions and safety measures that the Pilot and/or First Officer indicate at any time onboard the aircraft, either on the ground or in-flight. If the crew instructions are not followed The CLIENT shall not be held responsible for any liability to CABO PLATINUM and/or the Broker Aviation Company in the event of an accident suffered on-board the aircraft, airport ramp, or FBO facilities, so the CLIENT waives its right to exercise any legal action against CABO PLATINUM and/or its partners, the crew, administrators and workers.
It is forbidden for the CLIENT and/or her/his companions to:
throw sanitary paper or towels inside the toilet;
carry out risky activities or activities that endanger their physical integrity or life, mentioning, but not limited to, the following examples:
stand up while the aircraft is in the taxi, take off, landing phase or in conditions of turbulence;
make use of the electronic and entertainment equipment of the aircraft without respecting the limits and/or instructions indicated by the crew;
abuse alcohol consumption;
possession and use of weapons, drugs, or illegal substances on board the aircraft.
The CLIENT will immediately reimburse CABO PLATINUM the cost, in the event that her/he and/or her/his companions incur any of the following behaviors:
damage the electronic and entertainment equipment for not respecting the limitations and correct operation of said items, indicated by the crew;
burn or irreparably stain the seats, furniture, floor, and/or interior carpet of the aircraft;
damaging the function of the discharge valve of the aircraft toilet by throwing paper, feminine sanitary towels, or any object inside the toilet;
the total loss of furniture and/or towels.
Any notices to Cabo Platinum must be made in writing, to the following email: email@example.com
The CLIENT, fully aware of the value and legal scope of this document, observes the laws of Los Cabos, Baja California Sur, Mexico.
REPRESENTATIONS AND WARRANTIES
By using our Service, you expressly represent and warrant that you are legally entitled to enter into this Agreement. If you reside in a jurisdiction that restricts the use of the Service because of age or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use our Service. Without limiting the foregoing, the Service is not available to children (persons under the age of 18). By using our Service, you represent and warrant that you are at least 18 years old. By using our Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. Your participation in using the Service is for your sole, personal use. You may not assign or otherwise transfer your usage to any other person or entity. When using our Service you agree to comply with all applicable laws from your home nation, the country, state and city in which you are present while using the Service.
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