THE FOLLOWING TERMS & CONDITIONS (the “Terms”) SHALL GOVERN THE RELATIONSHIP BETWEEN LIVT Corporations (“LIVT”), AND ANY AND ALL CUSTOMERS (the “Customers”) AND PASSENGERS FOR WHOM LIVT ARRANGES, RESERVES OR OTHERWISE INITIATES TRAVEL VIA ONE OF LIVT’S AIRCRAFT OPERATORS (the “Operators”).
THE CUSTOMER UNDERSTANDS AND AGREES THAT THESE TERMS DO NOT CONSTITUTE A CONTRACT FOR CARRIAGE BETWEEN THE CUSTOMER AND LIVT. ANY CONTRACT FOR CARRIAGE RELATING TO AIR TRAVEL ARRANGED, CHARTERED, RESERVED OR OTHERWISE INITIATED FOR CUSTOMER BY LIVT IS SOLELY BETWEEN THE CUSTOMER AND THE OPERATOR AND LIVT IS NOT A PARTY OR THIRD PARTY BENEFICIARY OF SUCH CONTRACT FOR CARRIAGE.
IN THE EVENT OF ANY CONFLICT BETWEEN THESE TERMS AND THE OPERATOR’S CONTRACT FOR CARRIAGE, THESE TERMS SHALL PREVAIL TO THE EXTENT SUCH CONFLICT PERTAINS TO THE RELATIONSHIP BETWEEN LIVT AND THE CUSTOMER.
THE CUSTOMER UNDERSTANDS AND AGREES THAT LIVT IS NOT AN AIRCRAFT OPERATOR AND THEREFORE LIVT ASSUMES NO LIABILITY OR RESPONSIBILITY RELATING TO THE OPERATION OR ITINERARY OF ANY AIRCRAFT OWNED, MAINTAINED OR OPERATED BY ANY OPERATOR.
LIVT MAY, FROM TIME TO TIME, AMEND THESE TERMS IN ITS SOLE AND ABSOLUTE DISCRETION. ALL TRAVEL ARRANGED, RESERVED OR OTHERWISE INITIATED BY LIVT FOR CUSTOMER SHALL REMAIN GOVERNED BY THE TERMS IN EFFECT AT THE TIME OF SUCH BOOKING.
1. GENERAL PROVISIONS
1.1 LIVT maintains a platform on which Operators make air travel available to its Customers via website(s), mobile application(s), telephone and email.
1.2 Any and all air travel performed pursuant to these Terms is expressly subject to any and all contracts, agreements or terms and conditions by and between Operator and Customer.
1.3 Customers and Passengers acknowledge and agree that LIVT has no liability, responsibility, authority or control whatsoever relating to Operator’s ownership, operation, maintenance, procedures or itineraries with respect to operation of aircraft or the provision of air travel and related services by Operator. Any and all claims of any nature whatsoever relating to air travel provided by Operator shall be directed solely to Operator.
1.4 Customers and Passengers are responsible for complying with the Operator’s terms & conditions and/or Contract for Carriage (collectively, the “Operator’s Terms”), including, but not limited to the following: arrival at the airport in sufficient time for departure; pet carriage rules and restrictions; luggage and carry-on rules and restrictions; possession of valid personal identification and/or passport documents (as required by law and pursuant to the Operator’s Terms). Customer and Passengers should be aware that entry into another country may be refused even if they are in possession of required information and valid passports and visas.
1.4.1 In the event Customer or Passenger fail to arrive at the airport on time for departure or otherwise fail to comply with Operator’s Terms such that Operator is not able or willing to provide Customer and/or Passenger with the reserved air travel, LIVT shall have no liability whatsoever to Customer or Passenger for the cancelled air travel, nor does LIVT have any obligation to reschedule or arrange alternate air travel for Customer and/or Passenger without additional charges as may be required for any air travel arrangement made by LIVT in the normal course of business.
1.4.2 Customer and Passenger are solely responsible for obtaining and possessing at the time of air travel all travel documents required for their itinerary, including but not limited to passports, visas and government-issued photo identification. Customer and Passenger are solely responsible for presenting any such documents to relevant officials in a timely manner that does not alter or delay Customer or Passenger’s scheduled departure.
1.4.3 Customer and Passenger are solely responsible for compliance with all laws, regulations, orders, demands and travel requirements of the countries whose laws may govern the flight. (the “Travel Requirements”). LIVT does not provide advice or recommendations relating to Travel Requirements and LIVT recommends that Customer and Passengers consult the relevant government website regarding all such requirements. To the extent any LIVT employee or agent attempts to provide such advice, LIVT hereby expressly disclaims and denies liability for any statements made regarding Travel Requirements. LIVT also hereby expressly disclaims and denies liability for any statements made by any employee or agent of any Operator regarding Travel Requirements. LIVT shall have no liability whatsoever for Customer or Passenger’s failure to comply with applicable Travel Requirements.
1.5 Customer acknowledges and agrees that smoking is prohibited on all aircraft. Customer expressly agrees to indemnify LIVT against any and all claims, penalties, fees or other liabilities arising out of Customer’s failure to comply with this provision.
1.6 Customer accepts and assumes all responsibility and liability for the conduct of any and all Passenger(s) for whom s/he has arranged flights through LIVT. Customer acknowledges and agrees that by arranging flights for other Passengers, s/he has the authority to do so and that s/he has brought these Terms to the attention of the other passenger(s) and that they have agreed to be bound by them. Customer also acknowledges and agrees that s/he has brought the terms and conditions of the Operator(s) to the attention of the other Passenger(s) and that they have agreed to be bound by them. Customer further acknowledges and agrees that Customer and the other Passenger(s) for whom s/he arranged flights through LIVT are jointly and severally liable for any and all damages resulting from any default by Customer pursuant to these Terms or the Operator’s Terms. In the event of a breach of these Terms or Operator’s Terms by Customer or any other passenger(s), LIVT reserves any and all rights available to it by law to seek recourse, indemnification and other relief over against Customer and/or the other Passenger(s).
1.7 Customer acknowledges and agrees that the customer will become knowledgeable about and comply with the maximum number, weight and dimensions for carry-on and hold baggage, via the Operator’s Terms and/or the LIVT website. Customer further acknowledges and agrees that failure to comply with these requirements may result in Operator refusing to carry baggage on board its aircraft. LIVT assumes no liability whatsoever for such refusal.
1.8 LIVT may at any time and at its sole and unfettered discretion refuse to provide additional services to any Customer.
1.9 In the event an Operator makes LIVT aware of changes in an itinerary, LIVT shall use reasonable efforts to communicate such changes to Customer via the communication methods (e.g., telephone or email) provided to LIVT at the time of booking. LIVT shall have no liability whatsoever for any failure to succeed in communicating with the Customer concerning such changes.
1.10 In the event Customer or Passenger(s) fail to arrive on time for or otherwise qualify for all or any portion of the air travel booked through LIVT, Customer shall not be entitled to any refund from Operator unless otherwise designated in Customer’s agreement with Operator, regardless of the reason for Customer and/or Passenger’s failure to use any portion of the air travel.
1.11 In the event an Operator is diverted from or otherwise prevented from landing at its intended destination for any reason, LIVT shall take reasonable efforts to assist Customer in securing alternate transportation to his/her intended destination provided, however, that Customer understands and agrees that all costs and fees associated with such alternate transportation are to be paid completely and directly by Customer to any third party provider(s) of such alternate transportation. Any Contract for Carriage relating to such alternate transportation is solely between Customer and the third-party provider(s) and LIVT shall have no liability relating thereto. Customer further acknowledges and agrees that while LIVT may assist in booking alternate transportation, it in no way guarantees or warrants availability of alternate transportation deemed satisfactory to Customer and/or Passenger(s).
1.12 In the event that: (a) an Operator’s aircraft is detained (lawfully or otherwise) by any third party (including, but not limited to any regulatory, administrative, government agent or by way of lien or requisition for hire) making completion of Customer’s itinerary impossible; (b) the Operator has an administrator, receiver, trustee or other similar person acting on behalf of a lawful authority appointed over all or part of its assets in such a manner that prevents the Operator from completing the itinerary; or (c) the Operator becomes insolvent, enters into voluntary liquidation or is otherwise wound up such that completion of Customer’s itinerary becomes impossible, then LIVT shall use reasonable efforts to source an alternative Operator that is able to complete the Customer’s itinerary at a similar cost in accordance with the provisions of 1.11 above.
1.13 In the event an alternative Operator is sourced pursuant to the preceding paragraph 1.12, LIVT shall make the details of the alternate itinerary available to Customer and Customer shall be entitled to accept or decline the alternative arrangements.
1.13.1 If Customer declines the alternative arrangements, then Customer’s recourse shall lie solely and exclusively with Operator.
1.13.2 Where an offer of alternative transportation arrangements is accepted pursuant to paragraph 1.12, the Customer(s) accepting such arrangements shall be liable (in equal proportion) for any costs over and above the original total cost for the operation of the itinerary prior to the event(s) described in paragraph 1.12.
1.13.3 Where an offer of alternative transportation arrangements is made pursuant to paragraph 1.12 in relation to a booking that was made through a person authorized by a Customer to book air travel arrangements through LIVT, all communications and the issuance of travel documents shall be performed solely by the authorized person on behalf of and for the benefit of Customer and Passenger(s) and any payment shall be paid directly to Operator. LIVT will only communicate directly with Customer concerning such booking when specifically requested to do so by the authorized person.
2. MEMBERSHIP BENEFITS AND RESPONSIBILITIES
2.1 Once Customer becomes a LIVT member, s/he may submit an aircraft charter request through LIVT’s website for an itinerary specified by the Customer. LIVT shall use its reasonable efforts to procure a price for such charter (the “Charter Price”) from Operator and communicate the same to Customer.
2.2 LIVT members pay the monthly fee as specified under the membership option that they
choose.
2.3 LIVT members have access to our team of flight success managers and member services
coordinators who shall assist with coordinating bookings and itinerary changes.
2.4 Removed.
2.5 If a LIVT member submits a flight request and books air travel through LIVT, the member has the option to pay the air operator directly and in the form that the air operator specifies.
2.6 If a LIVT member submits a flight request and books air travel through LIVT, the member has the option to send the Charter Flight payment to LIVT who will act as a trustee of the funds to be used to pay the Operator pursuant to the Operator’s terms of carriage.
2.7 Operators upload payment details and information to LIVT. So long as the member is in
good standing with LIVT, the member can view the Operator’s preferred payment
methods at checkout.
2.8 CAUTION (when making a flight request): When submitting flight requests it is solely and entirely the LIVT member’s responsibility to ensure that it is accurate in every respect. Double and triple check all details but especially dates and times and desired route. LIVT has no means of noticing that an error has occurred.
2.9 CAUTION (when booking a flight): After receiving a quote in response to a flight request, the LIVT member is solely and entirely responsible for ensuring, before entering into a contract with an air operator that the operator has understood and accurately reflected the flight request in the quote which was provided by it. Only the LIVT member (passenger) is truly equipped to notice mistakes and misunderstandings and cause them to be corrected. LIVT introduces our members to the eligible operator(s) in response to a flight request. The ongoing communication and alterations and contracting is between the LIVT member and the operator alone.
3. EXCLUSION OF LIABILITY / INDEMNITY
3.1 LIVT shall be under no obligation to Customers and/or Passengers on a flight forming part of an itinerary in respect of any variation to or cancellation of an itinerary by the Operator (regardless of the reason therefor) and each Customer and Passenger hereby acknowledges to LIVT that in any such event they shall only have recourse against the Operator pursuant to the terms of conditions of the contract between the Operator and the Passengers.
3.2 LIVT shall be under no liability to any Customers and/or Passengers for any failure by LIVT to perform its obligations under these Terms arising from any reason beyond LIVT’s control, including force majeure which shall include but not be limited to labor disputes, strikes or lock-outs.
3.3 Customer shall indemnify LIVT and hold LIVT harmless against any claims, demands, liens, judgment, penalties, awards, remedies, debts, liabilities, damages, costs (including, but not limited to, legal costs and attorney fees), demanded or sought by any Operator or other person on a flight in connection with the actions of a Customer’s Passenger(s) in any way connected with the embarkation, flight or disembarkation from an aircraft.
3.4 Customers and Passengers shall indemnify LIVT and keep LIVT indemnified against any claims, demands, liens, judgment, penalties, awards, remedies, debts, liabilities, damages, costs (including, but not limited to, legal costs and attorney fees) arising out of their conduct and/or non-compliance with these Terms or the Operator’s Terms, during carriage on board an aircraft. Such indemnity shall be in effect for any claims brought against LIVT by an Operator in respect of cancellation fees payable under the Operator’s Terms or any other fee or penalty including fees or penalties for cleaning, catering services, de-icing, hangar use, and airport or FBO fees of any kind.
3.5 Carriage booked under these Terms shall always be subject to the Operator’s Terms.
3.6 In the event a booking is made through a travel agent, LIVT shall have no liability whatsoever to a Customer, Passenger, potential Customer or potential Passenger arising out of or in any way connected with such travel agent’s failure to comply with these Terms. In such circumstances, the sole recourse for an aggrieved Customer, Passenger, potential Customer or potential Passenger shall be against the travel agent or the air operator if a contract of carriage has been entered into between the Customer and Operator This provision shall include claims involving: (a) cancellation of an itinerary by LIVT due to the travel agent’s failure to effect payment within the timeframes set out under the agreement with Operator; (b) cancellation of an itinerary by Operator due to the travel agent’s failure to effect payment within the timeframes set out under the agreement between Operator and Customer; (c) the travel agent’s failure to transmit information (including booking confirmations and itinerary changes) to a Customer, Passenger, potential Customer or potential Passenger in a timely manner; or (d) errors in the data or information provided by the travel agent to LIVT.
3.7 LIVT’s platform permits Customers to make arrangements with independent contractor Operators. Although LIVT takes care in selecting these Operators, they are all independent parties and LIVT has no control over them and is not responsible for their acts or omissions. Services provided by these Operators are subject to any conditions imposed by them and as such, their liability is limited by their tariffs, conditions of carriage, booking terms, tickets and vouchers. Some of these terms and conditions may limit or exclude the Operator’s liability to Customers and Passengers.
3.8 LIVT is not responsible for any loss, damage or injury, whether physical or mental, or to property, resulting from any delay, substitution or deficiency of quality of equipment or service, or any act, omission, or negligence of any of the Operators, their agents, servants, employees or subcontractors supplying any of the services or for any claims for such loss, damage, or injury, whether physical or mental, arising therefrom, or from any claim that arises by reason of any action or omission of any party other than LIVT.
3.9 LIVT’s liability for any loss, damage or injury, whether physical or mental, arising from its own acts, omissions or negligence, is limited to the price of the fee paid to LIVT.
4. PAYMENT TERMS
4.1 LIVT offers a number of Membership types from which Customers may select. Each type of membership requires the payment of a monthly fee for the use of LIVT’s service. The monthly fee does not in any way comprise any portion of the charter price itself.
4.2 Operators set their own payment terms on the LIVT platform and provide these terms and information to Customers on the LIVT platform. Operators specify how they want to be paid and in what timeframe payment must be made. LIVT displays this information to Customers and provides this information in booking confirmation emails.
4.3 Operators also specify in what currency they want to be paid and must be paid in this form of currency. Any currency exchange fees are the sole responsibility of the Customer.
4.4 LIVT does not offer a refund or credit on a membership fee (including flight booking fees) for the use of LIVT’s service under any circumstance. By creating an account with LIVT and agreeing to these terms, or by signing up to a paid membership plan offered by LIVT, or booking a flight that incurs a flight booking fee and agreeing to these terms through use of the LIVT platform, Customers acknowledge that they have read and understood this refund/credit policy and agree not to request a chargeback with their credit card issuer due to the digital nature of the data access services and booking services provided by LIVT.
4.5 LIVT accepts credit card, wire payments, ACH payments, and Bitcoin for the purchase of charter flights and memberships. Any currency exchange fee, foreign exchange rate difference, refund fees, transfer fees, wire fees, or bank fees are the sole responsibility of the Customer.
4.6 LIVT acts as trustee only for payments received for charter flights and carriage booked under these Terms shall always be subject to the Operator’s Terms and Conditions.
4.7 Refunds for Charter Flights are always pursuant to the Operators terms and conditions. Any currency exchange fee, foreign exchange rate difference, refund fees, transfer fees, wire fees, or bank fees are the sole responsibility of the Customer receiving such refund.
4.8 All Charter Flight payments received by LIVT acting as trustee shall be dispersed to Operator’s pursuant to the Operator’s terms of carriage.
5. GENERAL
5.1 These Terms and Conditions set out the entire agreement and understanding between LIVT and Customers and Passengers regarding the use of the LIVT platform to charter aircraft. No Customer or Passenger may rely on any representations made to it by any other person or party, whether written or oral, except as is expressly contained in these Terms.
5.2 No failure by LIVT to exercise and no delay by LIVT in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies provided by law.
5.3 No Customer or Passenger shall be entitled to assign their rights or benefits under these Terms.
5.4 These Terms may not be varied except with the written agreement of LIVT.
6. CONTENT CONTRIBUTED TO THE SITE BY MEMBERS
The Site allows Members to submit content such as reviews or photographs, and to share those reviews or photographs through the Site with other Users. In this Agreement we refer to all of this Content provided by Users as “User Content”.
In order for us to make the User Content you contribute available on the Site for these purposes, and to operate, market and promote the Service, we need the right to make use of such User Content in accordance with and subject to this Agreement. Therefore, by contributing User Content to the Site or creating it on the Site you automatically grant to us an irrevocable and perpetual (except as set forth in this Agreement), non-exclusive, transferable, fully-paid, royalty-free (except as expressly set forth in this Agreement), worldwide license, by ourselves or with others, to use, copy, distribute, publicly perform, publicly display, print, publish, republish, excerpt (in whole or in part), reformat, translate, modify, revise and incorporate into other works, that User Content and any works derived from that User Content, in any form of media or expression, in the manner in which the Service from time to time permits User Content to be used, and to license or permit others to do so.
We may from time to time change the manner in which User Content can be used by the Service, and if we do so any license you have granted to us for use of that content shall automatically be extended to new uses permitted by the Service, and any licenses previously granted to us for uses no longer permitted by the Service shall continue. If you contribute User Content to the Site, it is your responsibility to check the Site from time to time to review how we permit User Content to be used.
You may at any time, on written notice to us, terminate your use of the Site and this Agreement in the manner provided below, and upon such termination your license to us shall terminate, provided that after such termination that license will continue with respect to any Permitted Use of your User Content that commenced prior to the effective time of the termination, until that Permitted Use ceases. A Permitted Use is any use of Content permitted by this Agreement or the Service. For example, if at the time of your termination any User Content you have contributed to the Site is used on the Site, or has been printed by a Member for their personal use, or is used by us in promotional materials, those uses may continue until they cease. Also, if you choose to terminate, we may retain a copy of the applicable User Content for archival purposes. Finally, if your use of the Site or this Agreement terminates for any reason, or Content is removed from the Site, your license hereunder to use the Content or the removed Content, as the case may be, terminates immediately.
LIVT reserves the right to remove Content from the Site at any time, without notice, for any reason, or for no reason, in its sole discretion.
You represent and warrant to LIVT that (a) you are the sole owner, author and copyright owner of User Content you contribute to the Site or you have written permission from the author, owner or copyright owner to make such User Content available to the Service as “User Content”, and (b) such User Content does not infringe upon any third party rights (including but not limited to any copyright, patent, trademark, trade secret, other intellectual property rights, moral rights, privacy rights or publicity rights); (c) such User Content complies with this Agreement and does not contain any defamatory, libelous or obscene material; (d) such User Content does not violate any applicable laws, regulations, or contain any false statements or misrepresentations; and (e) you have the written consent, release, and/or permission of each and every identifiable individual person, or the owner/author of any objects or work in such User Content to use the name or likeness of each and every such identifiable individual person, object or work, to enable inclusion and use of such User Content in the manner contemplated by the Service and this Agreement.
7. APPLICABLE LAW AND FORUM
7.1 The laws of the state of Texas, United States of America shall apply in the event of a dispute, controversy or claim arising out of or in relation to the services provided by LIVT, without giving effect to any conflict of law principals. 6.2 Customer and Passenger(s) agree that the Superior Court in Texas, in the province of Texas, United States of America, shall have exclusive jurisdiction over the resolution of any dispute, controversy or claim arising out of or in relation to the services provided by LIVT.
