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You hereby appoint Lincoln Private Jets Corp as your agent for the purposes outlined in this Agreement. Lincoln Private Jets Corp, as your agent, agrees to arrange air transportation to be provided to you by aircraft operators licensed to engage in commercial air transportation under laws and regulations administered by the U.S. Department of Transportation (DOT) and Federal Aviation Administration (FAA), including 14 CFR Part 135.
Lincoln Private Jets Corp does not own, lease, operate or otherwise control any aircraft; the respective air carrier, not Lincoln Private Jets Corp, has operational control over each flight.In the case of Private Charter and Shared Charter flights on which you travel, Lincoln Private Jets Corp arranges each flight as manager of the Lincoln Private Jets Corp program and as your agent.
In the case of Shuttle flights, Lincoln Private Jets Corp acts not as an agent but as a principal, chartering each flight and reselling seats to you and other Lincoln Private Jets Corp members under the DOT Public Charter regulations, 14 CFR Part 380. Except Shuttle flights, all travel arrangements are made by Lincoln Private Jets Corp in response to individual or joint member requests.
You authorize Lincoln Private Jets Corp to execute, in your name and on your behalf, charter contracts and related documents as necessary for you to charter flights under the Private Charter and Shared Charter programs.
You acknowledge that you, not Lincoln Private Jets Corp, are the charter contract's principal (the charterer).
DOT and FAA-licensed air carriers operate all flights Lincoln Private Jets Corp arranges or offers. The respective air carrier has exclusive direction, authority, and control over initiating, conducting, and terminating its flights. Lincoln Private Jets Corp is not an air carrier, nor does it own, lease, operate or otherwise control any aircraft. Lincoln Private Jets Corp is not responsible or liable for any loss, injury, expense, damage to property or personal sickness, injury or death which results directly or indirectly from
It is solely the responsibility of the air carrier or other travel supplier to maintain liability insurance coverage. You acknowledge and agree that Lincoln Private Jets Corp is not liable for any claims arising out of or in connection with the services of the air carrier, any of its partners and affiliates, or any third-party provider of goods or services.
The air carrier and its personnel performing each flight are subject to flight and duty time limitations, airport restrictions that may preclude or limit operations to certain locations, space and weight limitations on the total persons and property that may be transported on a given flight, and other regulatory requirements.
You agree that the air carrier has final authority and discretion in all matters relating to the operation of the aircraft, including preparation of the aircraft for flight and the flight itself, the load carried and its distribution, the decision whether or not a flight can be undertaken, the route to be flown, when and where landings shall be made, and all other operational matters.
You agree that the air carrier and the pilot-in-command have full and final authority to cancel, terminate or divert a flight for any reason or condition that, in their judgment, could compromise safety or security and may take such other action as they consider necessary for reasons of safety or security. No such action of the air carrier or the pilot-in-command shall create or support any liability to you for loss, injury, damage, or delay. The air carrier and the pilot-in-command shall have the right to refuse boarding to any person who appears to be intoxicated or under the influence of any illicit substance, who refuses to be subject to security screening, whose condition (including apparent illness or incapacity) in the judgment of the carrier or the pilot-in-command would involve hazard or risk to himself/herself or others, or who fails or refuses to provide personal photo identification or other required travel documentation.
Whenever boarding a flight, each passenger is responsible for being in possession of government-issued personal photo identification (such as a driver’s license); in the case of international flights, each passenger is additionally responsible for being in possession of all documentation necessary for the passenger’s entry into all countries to be visited, including but not limited to valid passport, medical documents, and visas as required.
In the case of Private Charter and Shared Charter flights, the terms and conditions of the applicable air carrier’s charter contract are binding upon you as the charterer, including but not limited to the amount of any fees or charges you must pay in the event you cancel, reschedule or otherwise modify a flight that has been scheduled.
Upon your request, Lincoln Private Jets Corp will furnish you with a copy of the terms and conditions of the charter contract at any time before or after a flight to be operated for you by that carrier is booked.
Additionally, in the event you cancel, reschedule or otherwise modify a Private Charter or Shared Charter flight that has been scheduled, the following Lincoln Private Jets Corp cancellation charge will apply in addition to any fees or charges imposed by the air carrier:
Cancellation charges are calculated on a flight-by-flight basis based on the scheduled day of departure of the canceled flight.
In the case of Shuttle Flights, Lincoln Private Jets Corp’s Public Charter Operator-Participant Contract (OPC) applies to you and Lincoln Private Jets Corp. The terms and conditions of the OPC, including cancellation charges, are set forth below.
As to all flights, if you are not present at the designated place of aircraft departure no later than the scheduled time of departure (a “no-show”), you will be deemed to have canceled and the fees and charges described above will apply.
Note: At any point, if by the request of the occupant or the occupant’s representative, or another passenger on the flight, the tail number or the operator is disclosed to the client, the trip becomes NON-REFUNDABLE. This applies even if there are tail number or operator changes to the flight.
In exchange for access to the services provided by Lincoln Private Jets Corp, you agree to pay a membership fee. The membership fee is due and payable annually in the amount then in effect as specified by Lincoln Private Jets Corp. The membership fee is an access fee for the use of Lincoln Private Jets Corp’s services and is nonrefundable (except as otherwise provided in this Agreement), even if you use none of the services offered by Lincoln Private Jets Corp. Your acceptance into the Lincoln Private Jets Corp program, and any renewal of your membership is at the discretion of Lincoln Private Jets Corp. If you are refused admission to the Lincoln Private Jets Corp program, Lincoln Private Jets Corp will fully refund your membership fee, and either party shall owe no further obligation.
The Membership fee will change occasionally, and multiple membership tiers may exist. Not All members may be treated equally. The membership fee amount will be determined and published from time-to-time on the Lincoln Private Jets’ website or other mediums as determined solely by Lincoln Private Jets Corp.
In exchange for the membership fee, Lincoln Private Jets Corp provides access to numerous services that include but are not limited to concierge service that can assist with various types of reservations, including hotel, restaurant, entertainment, yachts and cars, customer service of membership specialist (who may from time-to-time carry a different title), invitations to Lincoln Private Jets Corp-organized events, sourcing aircraft and air carriers for Private Charter and Shared Charter flights, acting as your agent in negotiating with air carriers and signing charter contracts on your behalf, organizing aircraft reservations, coordinating payment, arranging in-flight services, and the services of Lincoln Private Jets Corp as charterer of Shuttle flights.
Lincoln Private Jets Corp may revise this Agreement from time to time, including changes in the services Lincoln Private Jets Corp provides. Revisions to this Agreement will be effective upon Lincoln Private Jets Corp’s inclusion of such revisions as published on Lincoln Private Jets Corp’s website.
From time-to-time, Lincoln Private Jets Corp may offer trial, promotional, or revised memberships with features that differ from pre-existing memberships. Such trial, promotional, or revised memberships do not affect any other memberships unless specified by Lincoln Private Jets Corp.
Initial membership is for twelve (12) months, commencing on the later date the membership fee is paid in full and your application for membership is accepted. Each membership renewal is for a period of 12 months.
Each member is responsible for his or her conduct, and that of any guest, while aboard any flight arranged by or through Lincoln Private Jets Corp; passengers shall not engage in any conduct that is inimical to the successful operation or the enjoyment by any other passenger, of the flight, and shall be liable for any damage to the aircraft resulting from the passenger’s conduct.
Lincoln Private Jets Corp reserves the right to cancel your membership without a refund at any time if:
Membership privileges are available only to you and cannot be transferred to any other party, nor may this Agreement be assigned to any other party without Lincoln Private Jets Corp’s prior written consent.
You may invite guests to join you on flights you request and pay for, but you may not allow your account to be utilized by anyone else for any purpose. You must be on board any flight you book through Lincoln Private Jets Corp, whether traveling alone or with one or more guests. You hereby warrant that you will bear the full cost of all flights or seats booked through Lincoln Private Jets Corp, and that no passenger you invite to join you on any flight will directly or indirectly bear any portion of the cost.
Lincoln Private Jets Corp takes appropriate measures to maintain the confidentiality of data regarding its members and their guests. You acknowledge, however, that Lincoln Private Jets Corp may be required to furnish a member’s and any guest’s personal data, such as name, date of birth, and passport information, to comply with domestic or foreign security requirements or other legal or regulatory requirements. It may also be necessary for Lincoln Private Jets Corp to provide names of passengers to third parties providing services related to a flight, including the air carrier, regulatory authorities and other service providers. Additionally, Lincoln Private Jets Corp may use personal information to investigate a member's credit or in connection with collection efforts.
You hereby authorize Lincoln Private Jets Corp to use your picture (including photographic, motion picture, likeness, and electronic images) and your voice (including sound and video recordings) created while you are utilizing the services of Lincoln Private Jets Corp or services (including flights) arranged by Lincoln Private Jets Corp.
You hereby grant Lincoln Private Jets Corp the right to use, publish, and reproduce, for all purposes, the photographic and recorded information described above in all media and for exhibition, distribution, promotion, advertising, sale, and educational purposes in brochures and other print media. This permission is permanent and irrevocable. You hereby waive any right to receive payment or any other remuneration in exchange for granting this permission or for using your image or voice in the manner described above.
The following provision applies exclusively to legal residents of the State of Florida.
If you are a legal resident of Florida, you have a right to cancel this Agreement subject to the terms and by following the procedure stated here:
YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR OBLIGATION WITHIN 3 BUSINESS DAYS FROM THE DATE LISTED ON YOUR MEMBERSHIP INVOICE AND RECEIVE A FULL REFUND OF ALL PAYMENTS MADE TO THE SELLER. YOU MAY ALSO CANCEL THIS CONTRACT IF, UPON A DOCTOR’S ORDER, YOU CANNOT PHYSICALLY RECEIVE THE SERVICES, OR YOU MAY CANCEL THE CONTRACT IF THE SERVICES CEASE TO BE OFFERED AS STATED IN THE CONTRACT. IF YOU CANCEL THE CONTRACT FOR EITHER OF THESE REASONS, THE SELLER, LINCOLN PRIVATE JETS CORP, MAY KEEP ONLY A PORTION OF THE CONTRACT PRICE EQUAL TO A PRO-RATA PORTION OF THE TOTAL PRICE REPRESENTING THE PROPORTION OF SERVICES YOU USED OR COMPLETED, PLUS THE COST TO THE SELLER OF ANY RELATED GOODS WHICH YOU HAVE CONSUMED OR RETAINED.
To cancel this transaction, mail or deliver a signed and dated copy of your cancellation notice to Lincoln Private Jets Corp, Inc., 777 S. Flager Drive, West Palm Beach, FL 33401, not later than midnight of the third day following the date of the transaction as stated on your membership invoice. If you, as a resident of Florida, choose to exercise this cancellation right, you agree to pay Lincoln Private Jets Corp for all services utilized before such cancellation.
You agree to provide Lincoln Private Jets Corp a valid method of payment (credit card, debit card, ACH, Paypal, Venmo, or other such payment providers you may select) and you hereby authorize Lincoln Private Jets Corp to automatically charge the membership fee annually to the credit card on file unless you advise Lincoln Private Jets Corp, in writing, at least ten (10) days before the end of the then-current one-year membership period, that you elect not to renew your membership.
If your credit card is declined, you agree to provide a different payment method within seven (7) days. If you fail to provide a valid payment method within seven (7) days, your membership will be canceled immediately.
Cancellation of membership, regardless of cause, shall not relieve you of any outstanding obligations under this or any other agreement with Lincoln Private Jets Corp, or under any agreement with an air carrier resulting from services provided to you by Lincoln Private Jets Corp.
Payments for Private Charter and Shared Charter flights will be charged by Lincoln Private Jets Corp to your credit card on file at time of booking (unless other arrangements are made with Lincoln Private Jets Corp in advance).
In the event you cancel a flight that has been confirmed, a cancellation fee imposed by the air carrier and/or Lincoln Private Jets Corp may apply, and the cancellation fee may be charged to your credit card or may be deducted from any refund of the charter price; if you require additional information regarding possible cancellation fees, inquire of Lincoln Private Jets Corp before booking your flight.
In addition to the charter price, amounts charged may include custom catering, flight phone use, taxes, government fees, aircraft anti-icing/deicing where necessary before a flight, and other flight-specific special items. Some or all of these costs may be charged to your credit card after completing the corresponding flight when the amounts are known. Lincoln Private Jets Corp collects these payments from you and disburses the required amounts to the operating air carriers in its capacity as your agent.
In the case of Shuttle flights, Lincoln Private Jets Corp collects payments from you as the Public Charter operator and thus the principal; see Public Charter Operator-Participant Contract) for complete information.
Lincoln Private Jets Corp may deliver notices to you utilizing a general notice via electronic mail to your email address on record or by individual written communication sent to your email address or mailing address on record.
Such notice shall be deemed given as of the third business day after mailing if sent by first class mail or twelve (12) hours after transmission if sent via email.
You may deliver notices to Lincoln Private Jets Corp at any time via email to accounting@lincolnprivatejets.com and legal@lincolnprivatejets.com (provided that receipt of email is acknowledged by Lincoln Private Jets Corp), or by overnight delivery service with confirmed delivery or first class mail with return receipt requested to:
Lincoln Private Jets
PB International Airport - Rotortech Bldg.
4095 Southern Blvd - Ste 206
West Palm Beach, FL 33406
844.463.7538 | 561.440.8147
You may NOT deliver any notices by hand delivery to any of Lincoln Private Jets’ addresses unless said notice is delivered by a process server, sheriff, or other legally contracted third-party entity and is in relation to a matter that has been filed in a court of law.
Notice to Lincoln Private Jets Corp shall be deemed given upon receipt by Lincoln Private Jets Corp.
This Agreement shall be construed and enforced following the laws of the State of Florida without reference to the conflicts of law principles of any jurisdiction. Any claim or dispute between the parties and/or against any agent, employee, successor, or assign of a party, whether or not related to this Agreement, including the validity of this clause, shall be resolved by binding arbitration by the American Arbitration Association, under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes then in effect, by a sole arbitrator. The place of arbitration shall be the Miami/Fort Lauderdale, Florida, area. The arbitration shall proceed solely on an individual basis without the right for any claim or claims to be arbitrated on a class action basis or on any basis involving claims brought or attempted to be brought in a representative capacity on behalf of others. The arbitrator's authority to resolve and make written awards is limited to claims between you and Lincoln Private Jets Corp alone, and any award in your favor shall not exceed the most recent annual membership fee paid to Lincoln Private Jets Corp. Claims may only be joined or consolidated if agreed in writing by all parties. No arbitration award or decision will have a preclusive effect on issues or claims in a dispute with anyone who is not a named party to the subject arbitration.
If any provision of this Agreement is declared by an arbitrator or a court of competent jurisdiction invalid, illegal, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
THE SERVICES PROVIDED BY LINCOLN PRIVATE JETS CORP ACCORDING TO THIS AGREEMENT ARE OFFERED OR FURNISHED ON AN “AS IS” BASIS. LINCOLN PRIVATE JETS CORP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING SUCH SERVICES. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, LINCOLN PRIVATE JETS CORP AND ITS SERVICE PROVIDERS DISCLAIM ALL WARRANTIES CONCERNING SUCH SERVICES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. LINCOLN PRIVATE JETS CORP MAY CHANGE, SUSPEND OR DISCONTINUE ANY SERVICE PROVIDED UNDER THIS AGREEMENT OR MAY CHANGE, SUSPEND OR DISCONTINUE THE NATURE, FEATURES, FUNCTIONS, SCOPE, OR OPERATION OF ANY SERVICE AT ANY TIME AND FROM TIME TO TIME. NEITHER LINCOLN PRIVATE JETS CORP NOR ITS SERVICE PROVIDERS WARRANT THAT THE SERVICES PROVIDED UNDER THIS AGREEMENT WILL CONTINUE TO BE PROVIDED, WILL FUNCTION AS DESCRIBED, CONSISTENTLY OR IN ANY PARTICULAR MANNER, OR WILL BE UNINTERRUPTED, ACCURATE, OR ERROR-FREE. EXCEPT TO THE EXTENT REQUIRE BY LAW OR REGULATION, NEITHER LINCOLN PRIVATE JETS CORP NOR ITS SERVICE PROVIDERS WILL BE RESPONSIBLE FOR ANY ERRORS, INACCURACIES, OR SERVICE INTERRUPTIONS.
LINCOLN PRIVATE JETS CORP WILL, IN NO EVENT, BE LIABLE FOR ANY:
IN ADDITION, EXCEPT TO THE EXTENT REQUIRE BY LAW OR REGULATION, NEITHER LINCOLN PRIVATE JETS CORP NOR ITS SERVICE PROVIDERS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR ANY TERMINATION OF THE AGREEMENT TERM. FURTHER, EXCEPT TO THE EXTENT REQUIRE BY LAW OR REGULATION, LINCOLN PRIVATE JETS CORP’S TOTAL AGGREGATE LIABILITY ARISING IN CONNECTION WITH THIS AGREEMENT WILL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE TO LINCOLN PRIVATE JETS CORP UNDER THIS AGREEMENT IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE MOST RECENT CLAIM OF LIABILITY OCCURRED.
This Agreement, together with the Public Charter Operator Participant Contract, Lincoln Membership Jet Card Program Terms, Lincoln Private Jets Corp’s Website and Mobile App Terms of Use, and Lincoln Private Jets Corp’s Privacy Policy, and copy-right policy constitute the entire agreement between the parties concerning its subject matter and supersede any prior or contemporaneous agreements, understandings, representations or proposals.
No duty, right, power or privilege under this Agreement shall be waived by any act, delay, omission or acquiescence but is waivable only by an instrument in writing signed by an authorized representative of each party. This Agreement shall not be construed as creating a joint venture, partnership or another form of association or cooperative arrangement between Lincoln Private Jets Corp and you.
No waiver by any party of any breach or default of any provision of this Agreement by the other party shall be effective as to any other breach or default.
Electronic signatures, including facsimile or electronic e-mail signatures, whether digital or encrypted, are valid for all purposes of this Agreement and have the same force and effect as manual signatures.
Lincoln Private Jets Corp may provide you access to its software, including applications, websites, and integrated communication tools which form part of the Lincoln Private Jets Corp program; however, your right to access and utilize such program and software is limited strictly to personal use for the purpose and under the terms and conditions of this Agreement.
In the case of Shuttle Flights only, the Public Charter Operator-Participant Contract [OPC] will apply, and if there is any contradiction between this document and the OPC (in the case of Shuttle Flights only), the OPC will prevail.
