These are the standard terms that govern charter services arranged or provided by Will Smith Aviation. The specific terms for your trip are confirmed in your written Quote and Charter Services Agreement at the time of booking.
This Charter Services Agreement ("Agreement") sets out the terms under which Will Smith Aviation, a DBA of Charter Manager, LLC, a Florida limited liability company and the operating certificate holder ("Company," "we," "us"), arranges and/or provides on-demand private air charter to a customer ("Client," "you"). Each trip is documented by a written Quote, and by booking a trip you agree to these terms together with that Quote. Where a signed Quote and this Agreement conflict for a specific trip, the Quote controls for that trip.
At your request, we will arrange and/or provide on-demand charter air transportation on aircraft operated by Company or by a duly certificated FAR Part 135 air carrier (a "Qualified Air Carrier"), together with reasonable ancillary services (such as ground handling, catering, and ground transportation) as requested by you and agreed by us.
For flights operated by Company, we retain exclusive operational control and full authority to initiate, conduct, delay, divert, or terminate any flight in the interest of safety and compliance with law. For brokered flights, the operating carrier retains operational control. The pilot-in-command has final authority over the safety of the flight at all times.
Where a flight is operated by a Qualified Air Carrier rather than by Company, the operating carrier will be identified in accordance with applicable requirements.
Each trip is documented by a written Quote specifying the itinerary, aircraft class/model, estimated flight time, pricing, and any special terms. Quotes are subject to aircraft and crew availability and to aircraft-owner approval where applicable. We may substitute a comparable aircraft if reasonably required. Quotes are valid for 24 hours and remain subject to availability and owner approval.
Itinerary changes are subject to aircraft and crew availability and may result in price adjustments. Change requests must be submitted in writing (email acceptable). Departure times may be adjusted for operational reasons. If passengers have not arrived within 60 minutes of the scheduled departure time, the flight may be treated as a no-show under §6.6.
All itineraries are subject to FAA crew duty and rest limits and to airport/FBO curfews and operating restrictions. We may adjust schedules to comply; incremental costs resulting from Client-requested changes are billed under this Agreement.
We select FBOs at our discretion for safety and operational efficiency. Client-requested alternate FBOs may incur additional ramp, handling, parking, or other fees billed at actual cost plus any applicable administrative surcharge.
Aircraft may be scheduled for other flights during layovers provided your confirmed itinerary is not impacted; no credit or offset applies.
Unless otherwise stated in the Quote, the base price includes the aircraft, crew, standard fuel, standard FBO fees, and standard domestic snacks and beverages. Our aircraft are always flown with dual pilots.
The following are billed in addition to the base price at actual cost plus a 15% administrative surcharge: special event/parking fees, de-icing/anti-icing, hangar, international handling, Wi-Fi/data, phone, premium catering, crew hotels/per diem due to Client-requested changes or delays, off-schedule repositioning, after-hours FBO charges, and any other out-of-scope items. Catering or items not normally stocked are billed at cost plus a 15% admin fee.
A fuel surcharge may apply based on prevailing market conditions and will be disclosed in the Quote, or as soon as practicable if market conditions change materially before departure.
We may secure hangar space and perform de-icing/anti-icing at our discretion for safety and operational needs; such costs (including any mandatory post-de-ice wash) are billed at actual cost plus any applicable surcharge. If the aircraft cannot be de-iced or hangared due to availability, we are not responsible for the extra time needed, and schedules may be adjusted to comply with duty/rest and operational limits.
Federal Excise Tax (FET), segment fees, international fees, and other government-imposed charges are applied as required by law.
For wholesale customers, the Client is responsible for collecting and remitting applicable taxes and fees as permitted by law unless otherwise stated in writing, and we will treat the transaction on a wholesale basis. If the Client is acting as a charter broker, the Client is responsible for collecting and remitting certain taxes and fees as permitted by law unless stated in writing; otherwise we will collect and remit them.
Payments may be made by wire/ACH or major credit card. A non-cash administrative processing fee of 4% applies to credit card payments where indicated in the Quote. This 4% non-cash processing fee is non-refundable.
To confirm a reservation, you must provide (a) a signed Agreement/Quote and (b) either full prepayment or a credit-card authorization plus a deposit of 10% of the Quote amount (or such other amount stated in the Quote).
Unless otherwise stated: for domestic trips, the balance is due one (1) business day prior to the first scheduled departure; for international trips, five (5) business days prior.
Additional charges (e.g., under §3.2) are invoiced after the trip and payable within two (2) business days of invoice. If payment is not timely received, we may charge the credit card on file (including any applicable processing fee) for the outstanding balance.
Past-due amounts accrue interest at 1.5% per month (or the maximum permitted by law, if less) plus reasonable collection costs, including attorneys' fees. The Client agrees not to dispute valid charges for services rendered.
The Client agrees not to initiate any credit card chargeback for amounts properly invoiced or charged under this Agreement. Billing concerns will be addressed directly between the Parties. Nothing here limits fraud or identity-theft protections under applicable card network rules.
Funds must be received in U.S. dollars and cleared before aircraft dispatch.
Cancellations and material changes must be submitted in writing (email acceptable). In addition to the fees below, you remain responsible for any non-recoverable third-party costs incurred prior to cancellation (e.g., international planning, special permits, non-refundable positioning, crew hotels).
| When cancelled | Fee (% of Quote) |
|---|---|
| 5 or more days prior | 10% |
| 2–4 days prior | 25% |
| 1 day prior | 50% |
| Within 24 hours | 100% |
| When cancelled | Fee (% of Quote) |
|---|---|
| Upon booking | 10% (non-refundable) |
| 5 days prior | 20% |
| 2 days prior | 50% |
| 1 day prior / within 24 hours | 100% |
Peak/Holiday Periods include New Year's (Dec 24–26 & Dec 31–Jan 1), Presidents' Day (Fri–Mon), Memorial Day (Fri–Mon), Independence Day (Jul 1–7), Labor Day (Fri–Mon), Thanksgiving (Fri prior–Mon after), and other widely-observed or special-event periods designated by Company from time to time.
One-way and point-to-point trips (including multi-leg one-ways) are non-cancellable and 100% non-refundable from the time of booking.
For flights scheduled to depart within 120 hours (5 days) before or after a U.S. federal holiday (and any additional peak/special-event periods designated by Company), any cancellation is charged at 100% of the Quote amount. This flat holiday rule supersedes the standard schedules in §§6.2 and 6.3 for cancellations inside the holiday window.
If passengers have not arrived and are not ready to depart within 60 minutes of the scheduled departure time, we may treat the leg as cancelled and assess the applicable fee. At our discretion, standby beyond 60 minutes may be accommodated and billed at $750/hour (15-minute increments) when crew duty limits allow.
If a flight is delayed, diverted, or terminated due to weather, ATC, airport/FBO closures, government restrictions, mechanical issues, or other causes beyond our reasonable control, charges apply to portions of the trip performed, plus any required repositioning of aircraft/crew to home base. We may attempt to arrange substitute lift; any incremental cost is your responsibility if accepted (see §§8 and 10).
If boarding is denied due to passenger intoxication, contraband, failure to present required identification or entry documents, or violation of this Agreement or applicable law, the affected leg(s) may be treated as a cancellation and charged under §6 (including up to 100% during holiday periods).
All passengers must present valid government photo ID prior to boarding. REAL ID enforcement applies to U.S. domestic travel. Passports, visas, ESTAs, and entry documents are the passenger's responsibility for international travel.
Passengers are subject to TSA and applicable security vetting. Transportation may be denied for non-compliance.
Bags are subject to inspection. Lithium battery restrictions and HAZMAT rules apply. You must notify us in advance regarding any firearms or hazardous materials; carriage is subject to law and operator policy, and trigger locks and secure stowage are required for firearms. Passengers should review TSA's "What Can I Bring?" at tsa.gov (including lithium battery rules) and FAA PackSafe at faa.gov/hazmat/packsafe prior to travel.
Baggage capacity. Carriage is subject to aircraft weight and volume limits. On certain smaller aircraft, the luggage-compartment doorway maximum is approximately 23 in × 17.5 in. Check with us in advance for any oversized or irregular items (e.g., hard golf cases, skis/snowboards, musical instruments, strollers); items that cannot be accommodated may be declined or shipped at your expense.
Smoking and vaping are strictly prohibited on all flights without exception. All smoking devices, e-cigarettes, and vape pens must be powered off and stowed. Violation may result in immediate termination of the flight at the pilot-in-command's discretion, cleaning/odor-remediation charges, and refusal of future service. The use of any tobacco products (including smokeless/chewing tobacco, snuff, and nicotine pouches) is prohibited onboard; such products must remain sealed and stowed.
Pets (approval required). Pets may be permitted only with our prior written approval at the time of booking, subject to operator policy and aircraft-owner restrictions; approval may be withheld at our discretion. You must (a) provide pet details (type/breed/weight) in advance, (b) provide proof of current vaccinations and any required health certificates (international trips may require import/export permits or quarantine compliance), and (c) ensure the animal is leash- or harness-restrained or in a leak-proof carrier at all times and kept off seats and furnishings. At crew request, a muzzle or carrier is required for boarding and during taxi/takeoff/landing. The pilot-in-command may refuse carriage, require removal, or terminate/divert a flight if a pet's behavior is unsafe, disruptive, or unsanitary. You are responsible for all resulting costs, including any injury, contamination, sanitation, diversion, and repositioning.
Service animals are accommodated as required by applicable law and must remain harnessed/leashed and under the handler's control. Animals that pose a direct threat to health or safety, or cause significant disruption, may be refused.
You must provide Secure Flight passenger data (full name as on government ID, date of birth, gender, and any redress number) at least 24 hours before domestic departure and 72 hours before international departure, and must supply passports/visas/ESTA and other entry documents as required. You represent that no passenger appears on any applicable U.S. government sanctions or watch list. Failure to timely provide accurate information may delay or cancel the trip at your cost.
Passenger, baggage, and cargo loads are subject to aircraft performance and weight-and-balance limitations. The pilot-in-command's safety determinations are final.
Alcohol may be served only to passengers 21 or older, and crew may refuse service at any time. Unruly, unsafe, disruptive, or illegal behavior may result in termination of the flight at the pilot-in-command's discretion; all charges remain due and additional costs will be billed.
Unaccompanied minors under 13 are not accepted. Minors must be accompanied by a parent/guardian or provide notarized consent compliant with origin/destination rules and present acceptable identification. Child restraint systems must comply with applicable regulations and be used as directed.
Possession or use of marijuana or other federally prohibited substances is not permitted on any flight, regardless of local or state law.
If a flight leg is completed but subsequent legs cannot be performed due to weather, mechanical, ATC, airport, or other uncontrollable conditions, you are responsible for the completed portion and for reasonable repositioning of aircraft and crew.
We may arrange a substitute aircraft when reasonably necessary. If you elect to use a third-party substitute, any incremental cost is yours; our original charges apply only to the portions completed.
We are not liable for indirect, special, incidental, exemplary, or consequential damages (including lost profits, business interruption, or loss of use) arising out of or related to any trip.
You are responsible for damage to the aircraft, its furnishings, or equipment caused by you or your passengers, normal wear and tear excepted. Excess cleaning (including pet-related cleaning) is billed at actual cost, with the following minimums:
| Item | Minimum |
|---|---|
| Excess cleaning from spills/soiling | $750 |
| Pet-related deep clean / odor remediation | $1,250+ |
| Smoking/vaping violation remediation | $2,500+, plus any downtime or loss of use |
Neither Party is liable for failure or delay in performance (other than payment obligations) due to acts of God, weather, war, terrorism or threat, labor disputes, government orders, airport/FBO closures, mechanical failure, loss of aircraft, or other events beyond its reasonable control. If a trip is terminated due to a force majeure event, charges apply to services performed and any necessary positioning to return passengers to the original point of departure.
Each Party shall indemnify, defend, and hold harmless the other Party and its affiliates and their respective officers, directors, employees, and agents from third-party claims to the extent arising from the indemnifying Party's negligence or willful misconduct.
IN NO EVENT WILL COMPANY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A TRIP EXCEED THE AMOUNTS PAID BY CLIENT FOR THE AFFECTED TRIP, EXCLUDING AMOUNTS FOR BODILY INJURY OR PROPERTY DAMAGE TO THE EXTENT SUCH LIMITATION IS PROHIBITED BY LAW. IN NO EVENT WILL EITHER PARTY BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.
This Agreement, together with any Quote and attachments, constitutes the entire understanding of the Parties and supersedes prior or contemporaneous agreements on its subject matter.
Any modification or waiver must be in a signed writing by the Party to be bound.
Neither Party may assign this Agreement without the other's prior written consent, not to be unreasonably withheld; assignment to affiliates or in connection with a merger/sale is permitted with notice.
This Agreement is governed by the laws of the State of Florida without regard to conflicts rules. Venue and jurisdiction lie exclusively in the state or federal courts located in Hillsborough County, Florida.
If any provision is held invalid, the remainder remains in full force.
Notices must be in writing and delivered by email with confirmation, nationally recognized overnight courier, or certified mail to the contacts below or as later updated in writing.
Each Party shall keep confidential and not disclose the other's non-public information, including passenger identities and itineraries, except to personnel and vendors who need to know for trip operations or as required by law. Neither Party will use the other's name, logo, or images for marketing without prior written consent.
Upon request, we will provide a certificate of insurance evidencing not less than $50,000,000 combined single-limit liability coverage, naming the Client as certificate holder only. Additional insured status may be provided by prior written agreement.
The Parties agree that electronic signatures and records (including via DocuSign) are valid and enforceable as originals.
If there is a conflict between this Agreement and a signed Quote for a specific trip, the Quote controls for that trip.
Charter Manager, LLC dba Will Smith Aviation
4751 Jim Walter Blvd., Tampa, FL 33607
Email: contact@willsmithaviation.com · Phone: (813) 421-9070