Terms & Conditions
- Client hereby engages PanAm.com, LLC to act on behalf of Client as its broker to arrange for the charter services described on the Charter Itinerary provided by third party certified air carriers operating under Part 135 of the Federal Aviation Administration (“FAA”) Regulations (Section 14 Code of Federal Regulations).
- The Terms and Conditions stated herein constitute a legal agreement between Client and PanAm.com, LLC, an Arkansas limited liability company (“PanAm.com”). By using or receiving any services supplied to you by PanAm.com, and downloading, installing or using any associated application or web service supplied by the PanAm.com which purpose is to enable you to use the services, Client hereby expressly acknowledges and agrees 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 at terms or through the Service.
- PanAm.com reserves the right to modify the terms and conditions of this Agreement or its policies relating to the services or at any time, effective upon posting of an updated version of this Agreement. Client is responsible for regularly reviewing this Agreement. Continued use of the services after any such changes shall constitute consent to such changes. PanAm.com also reserves the right at any time to change, suspend or terminate any of the services, including, without limitation, changes, suspension or termination of any routes, types of aircraft used and/or operators that perform flights, and changes to (or imposition of new) fees or other charges for services or benefits. PanAm.com may from time to time offer new routes, types of aircraft and other services or benefits, all of which are subject to change, suspension or termination at any time and also are subject to additional fees or charges.
- All requests for services are subject to acceptance by PanAm.com. Client’s Charter Itinerary will be delivered by email from PanAm.com providing a confirmation number and the estimated price quote, as well as specifying the date(s) and departure time of travel, flight segments arranged, aircraft type and other requests specified by Client at time of booking. It is client’s sole responsibility to carefully review and verify all travel details reflected in the Charter Itinerary when completing the reservation. Client will be requested to sign and return the Charter Itinerary via email to Support@Panam.com, signifying confirmation of its contents and consenting to these Terms & Conditions.
- Client understands and acknowledges that the cancellation of any Reservation or portion thereof within 48 hours of the beginning of the scheduled domestic trip and within 72 hours of the scheduled international trip, will result in a cancellation charge of up to 100% of the quoted price for the trip. Client acknowledges that any change in date, itinerary, or type of aircraft may be considered as a cancellation. ALL ONE WAY CHARTER RESERVATIONS ARE NONCANCELLABLE AND NON-REFUNDABLE AT TIME OF BOOKING.
- Client will not be charged for flights cancelled more than 48 hours prior to departure of a domestic trip and 72 hours of an international trip, except for those expenses or cancellation fees specifically incurred by PanAm.com in preparation for such flights or except for those instances when an advance deposit is required and Client has been informed of the cancellation fee.
- Client agrees to be obligated to fly according to the Charter Itinerary provided by PanAm.com which stipulates the departure time based on, and in consideration of, the preferred departure time indicated by Client at the time of booking.
- CLIENT MUST BE AT THE AIRCRAFT PREPARED TO TRAVEL AT THE DEPARTURE TIME INDICATED ON THE FLIGHT ITINERARY. IF CLIENT IS NOT AT THE AIRCRAFT WITHIN 1 HOUR AFTER THE SCHEDULED DEPARTURE TIME READY TO FLY, CLIENT WILL HAVE MISSED THE FLIGHT, UNLESS CLIENT NOTIFIES PANAM.COM OF THE DELAY.
- 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 Client miss a flight, Client is solely responsible for alternate arrangements. Client will be charged for the missed flight 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.
PRICE QUOTES: The cost estimate provided to Client for each specific Charter Itinerary, is subject to the following:
- Domestic and international flights may be subject to the federal excise tax and federal departure tax, respectively. PanAm.com will add the applicable tax, using the current rate, to each charter invoice, and Client will pay such amounts.
- Client understands that the cost estimate provided by PanAm.com will include estimates for certain cost items. Client will pay the actual amount of applicable taxes, over flight permits, landing charges, catering costs, flight phone, internet, customs fees, crew trip expenses (including costs for unscheduled delays or overnights), and similar out of pocket expenses relating to the services provided should these amounts differ from the original cost estimate. Client may also be charged a fuel surcharge or winter segment fee, which may be itemized separately and appear as an added charge. Such charges related to additional expenses will be charged to the credit card on file.
- If a deviation from the original itinerary is requested by Client and agreed to by PanAm.com or necessitated by Client’s actions, then the amount owed by Client to PanAm.com may differ from the original cost estimate.
- Due to the price advantage and nature of Empty Legs, the cancellation policy differs from the standard cancellation policy for regularly scheduled aircraft charters as provided herein. An Empty Leg can be cancelled at any time with or without advance notice to Client due to scheduling changes, mechanical issues with the aircraft, pre and post Empty Leg flight cancellations or schedule changes, a ground hold, crew duty limitations, medical condition of the crew, and any other reason the operator provides for a cancellation of an Empty Leg. Client understands and agrees that PanAm.com does not guarantee, is not obligated to, and will not provide a replacement aircraft in the event an Empty Leg is cancelled for any reason. Furthermore, Client understands and agrees that if an Empty Leg is cancelled for any reason, PanAm.com shall only be liable for the price of an Empty Leg paid by Client. For the avoidance of doubt, if an Empty Leg is cancelled, PanAm.com shall not be liable for any compensation or additional credit for the cancelled Empty Leg, lost opportunity costs, substitute travel cost and associated expenses or any other damages.
- PAYMENT TERMS: PanAm.com requires payment at time of booking. Payments are to be made via wire transfer or credit card. Client’s provision of credit card information authorizes PanAm.com to obtain payment from the issuer of the credit card presented.
- ACKNOWLEDGMENT OF OPERATIONS: Client acknowledges that PanAm.com is acting solely as a broker and is not an air carrier on this trip and is not operating the flights. Client authorizes PanAm.com to book on Client’s behalf. The air charter suppliers have sole responsibility, liability and control of all aspects of the aircraft charter services provided, including without limitation, aircraft availability and pricing, the commencement and termination of scheduled flights, the operation, regulation, condition and safety of the flight, passengers, baggage and cargo and other people and events associated with the air travel, such as crew performance and catering services as well as insurance coverage for the flight operation. PANAM.COM DOES NOT PROVIDE AIR CARRIER SERVICES AND IS NOT A REGISTERED AIR CARRIER. IT IS UP TO THE THIRD PARTY AIR CARRIER CHARTER OPERATOR TO OFFER AIR CHARTER SERVICES, WHICH MAY BE SCHEDULED THROUGH USE OF PANAM.COM’S SERVICES.
IDENTIFICATION AND TRAVEL DOCUMENTATION:
- In accordance with the United States Transportation Security Administration (“TSA”) regulations and additional government regulations Client and authorized guests are required to comply with all TSA regulations, and will be required to present valid identification prior to departure for all flights. For international flights, Client and all additional passengers must have a valid passport in his or her possession as well as any required visas or entry documentation. Operator has the right to refuse boarding to any person without the required documentation or as a result of non-compliance with TSA or other government regulations without recourse or further obligation on behalf of Operator or PanAm.com.
- PanAm.com will require Client to provide detailed and accurate passenger information regarding all persons traveling pursuant to arrangements made by Client, after or during the booking process. Such information has to be furnished to PanAm.com no later than twenty-four (24) hours prior to departure. Client agrees to timely provide to PanAm.com all required information and understands that failure to provide the information or providing inaccurate or incomplete information in a timely manner may result in delaying a flight, the Operator or pilots electing to deny boarding, and ultimately in Client missing the flight, which will be considered a cancellation without notice and will incur a cancellation penalty.
- SAFETY OF OPERATION: Without limitation, Client acknowledges and agrees that the air charter suppliers and/or their pilots will be solely responsible for all decisions regarding safety determinations with respect to the commencement, operation and termination of flights. If Client’s conduct or the conduct of Client’s guest(s) endangers the aircraft or any passenger or property while on board, or Client obstructs or hinders the crew in the performance of their duties, or fails to comply with any instruction of the crew, including but not limited to, those with respect to smoking in any form, drugs, alcohol, or use any threatening, abusive or insulting words towards the crew or behave in a manner which causes discomfort, inconvenience, damage or injury to the crew or other passengers on the flight, PanAm.com and its operators may take such measures as deemed necessary to prevent continuation of such conduct, including restraint. Client and any offending person may be disembarked and refused onward carriage at any point and may be prosecuted for offenses committed on board the aircraft.
- TRANSPORTATION OF PETS AND SERVICE ANIMALS: Clients and their invitees are not allowed to transport pets on Empty Legs. Only service animals will be permitted on board of Empty Legs. PanAm.com reserves the right to charge Client cleaning fees for transportation of service animals if such fees are imposed on PanAm.com by an operator. Clients shall notify PanAm.com as soon as possible, but not less than 24 hours prior to their flight departure time, if they or their invitees will be bringing a service animal onboard an Empty Leg. Unauthorized transportation of pets will result in $1,000 fine and cleaning fees that will be charged to Client’s credit card on file with PanAm.com. If a Client or his invitee violates the pet policy outlined in this paragraph, Client agrees to pay fine and the cleaning fee.
- RELEASE TO USE PICTURE AND VOICE: Client authorizes PanAm.com, its subsidiaries, licensees, successors and assigns, to use Client’s (1) picture, including photographic, motion picture, and electronic (video) images; and (2) voice, including sound and video recordings created while Client is utilizing the services of PanAm.com. Client hereby grants PanAm.com, its subsidiaries, licensees, successors and assigns, the right to use, publish, and reproduce, for all purposes, Client’s name, picture of Client in film or electronic (video) form, sound and video recordings of Client’s voice, and printed and electronic copy of the information described above in any and all media including, without limitation, cable and broadcast television and Internet, and for exhibition, distribution, promotion, advertising, sale, press conferences, meetings, hearings, educational purposes and in brochures and other print media. This permission extends to all languages, media, formats and markets now known or hereafter devised whether in the United States or abroad. The permission shall continue forever. Client further grants PanAm.com, its subsidiaries, licensees, successors and assigns all right, title, and interest in all finished pictures, negatives, reproductions, and copies of the original print, and further grant PanAm.com, its subsidiaries, licensees, successors and assigns the right to give, sell, transfer, and exhibit the print in copies or facsimiles thereof, for marketing, communications, or advertising purposes, as it deems fit in its sole discretion. Client hereby waives the right to receive any payment for granting this release and waive the right to receive any payment for the use by PanAm.com, its subsidiaries, licensees, successors and assigns of any of the material described above for any purpose authorized by this release. Client also waives any right to inspect or approve finished photographs, audio, video, multimedia, or advertising recordings and copy or printed matter or computer generated scanned image and other electronic media that may be used in conjunction therewith and to approve the eventual use that it might be applied. Client acknowledges that he has read the foregoing and fully understands and agrees to the contents thereof.
- DISCLAIMER: PanAm.com will not be deemed to be in breach of its obligations hereunder or have any liability for any delay, cancellation or damage arising in whole or in part from any act of God, act of nature, acts of civil or military authority, strike or labor dispute, mechanical failure, lack of essential supplies or parts, denial of service, or for any cause beyond the direct control of PanAm.com or the carrier. PanAm.com 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. In no event shall Client pursue PanAm.com for any amount in excess of actual amounts paid by Client and PanAm.com liability shall be strictly limited to an amount equivalent to the fees actually paid.
- Client assumes all liability and responsibility for personal safety, schedule, baggage, cargo, business and personal activities and financial ramifications associated with Charter Itinerary and travel arranged by PanAm.com and performed by the air charter suppliers.
- Client, Client’s agents, guests or passengers or any employees, if applicable, shall not engage in any act or possess any substance or allow cargo to contain any substance which may result in the seizure or forfeiture, or unsafe operation of the aircraft used in the charter contracted for Client.
- PanAm.com makes no representations or warranties of any kind, either express or implied, of fitness for a particular purpose, merchantability or otherwise.
- If the Client’s journey involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention may be applicable and the Convention governs and in most cases limits the liability of PanAm.com and the operator for death or personal injury and for loss of or damage to baggage.
- Client shall indemnify and hold harmless PanAm.com., its affiliates and all of their officers, directors, employees, legal representatives and other agents, successors and assigns (the "indemnified parties") from and against any and all liabilities, losses, damages, penalties, costs and expenses on account of any claim, suit, action, demand, proceeding or anything of a similar nature made or brought against any of the indemnified parties as a result of the services performed hereunder on Client’s behalf.
- IN NO EVENT SHALL PANAM.COM’S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM CLIENT IN RELATIONS TO THE SERVICES PROVIDED GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL PANAM.COM AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). PANAM.COM AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY CLIENT, INCLUDING BY NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICES, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICES, ANY RELIANCE PLACED BY CLIENT ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN CLIENT AND ANY THIRD PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED BY THE SERVICES, EVEN IF PANAM.COM AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- PANAM.COM MAY INTRODUCE CLIENT TO THIRD PARTY LICENSED TRAVEL PROVIDERS FOR THE PURPOSES OF PROVIDING AIR CHARTER SERVICES. WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTY TRAVEL PROVIDERS AND CLIENT EXPRESSLY WAIVES AND RELEASES PANAM.COM FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY TRAVEL PROVIDER. PANAM.COM WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN CLIENT AND SUCH THIRD PARTY PROVIDERS. WE CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN CLIENT AND THE THIRD PARTY PROVIDERS. RESPONSIBILITY FOR THE DECISIONS CLIENT MAKE SREGARDING SERVICES OFFERED VIA THE SERVICES (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH CLIENT. WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY SUCH THIRD PARTIES AND CLIENT EXPRESSLY WAIVES AND RELEASES PANAM.COM FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM CLIENT’S USE OF THE SERVICES, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO CLIENT BY THE SERVICES. CLIENT EXPRESSLY WAIVES AND RELEASES ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
- THE QUALITY OF THE AIR CHARTER SERVICES SCHEDULED THROUGH THE USE OF THE SERVICES IS ENTIRELY THE RESPONSIBILITY OF THE THIRD PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH TRANSPORTATION SERVICES TO CLIENT. CLIENT UNDERSTANDS, THEREFORE, THAT BY USING THE SERVICES, CLIENT MAY BE EXPOSED TO AIR CHARTER SERVICES THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT CLIENT USES THE SERVICES AT HIS OWN RISK.
- DISPUTE RESOLUTION: Any claim or dispute arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Service or Application (collectively, “Disputes”) between the Parties and/or against any agent, employee, successor, or assign of the other, whether related to this agreement or the relationship or duties contemplated herein, 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. Except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. The existence and content of the arbitration proceedings and any rulings or award shall be kept confidential except (i) to the extent that disclosure may be required of a party to fulfill a legal duty, protect or pursue a legal right, or enforce or challenge an award in bona fide legal proceedings before a state court or other judicial authority, or (ii) with the written consent of all parties. Notwithstanding anything to the contrary, either party may disclose matters relating to the arbitration or the arbitration proceedings where necessary for the preparation or presentation of a claim or defense in such arbitration. Client acknowledges and agrees that Client and PanAm.com are each waiving the right to a trial by jury or to participate as a plaintiff or class user in any purported class action or representative proceeding. Further, unless both Client and PanAm.com otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of this Agreement. The place of arbitration shall be Benton County, Arkansas.
- REGULATIONS: This Agreement is subject to all applicable rules, regulations, approvals and certifications in effect from time to time including, but not limited to, those promulgated by the FAA which now or hereafter may be imposed or required. This Agreement is governed by the law of Arkansas. The illegality or non-validity of any paragraph, clause or provision contained or referred to in this Agreement shall not affect or invalidate any other paragraph or provision hereof. It is understood and agreed that this Agreement contains the entire agreement of the parties with respect to the subject matter hereof. No terms or provisions of this Agreement may be changed except by written instrument signed by both.
- ELECTRONIC SIGNATURE: By purchasing a flight through the PanAm.com website(s) or software or through discussions with PanAm.com employees and selecting the “I Accept” button, Client accepts and agrees to these Terms and Conditions electronically. Client agrees that his electronic signature is the legal equivalent of his manual signature and that he will be legally bound by these Terms and Conditions. Client agrees to pay PanAm.com in full for any invoiced amount upon providing his electronic signature.
LICENSE AND COPYRIGHTS
Subject to Client’s compliance with the terms and conditions of this Agreement, PanAm.com grants Client a limited, non-exclusive, non-transferable license: (i) to view, download and print any PanAm.com Content solely for personal and non-commercial purposes; and (ii) to view any User Content solely for personal and non-commercial purposes. Client has no right to sublicense the license rights granted in this section.
Client will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the services or content, except as expressly permitted in this Agreement. No licenses or rights are granted to Client by implication or otherwise under any intellectual property rights owned or controlled by PanAm.com or its licensors, except for the licenses and rights expressly granted in this Agreement.
PanAm.com may, in our sole discretion, permit Users to post, upload, publish, submit or transmit client created content (“User Content”). By making available any User Content on or through the Services, Client hereby grants to PanAm.com a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content only on, through or by means of the Services. PanAm.com does not claim any ownership rights in any User Content and nothing in this Agreement will be deemed to restrict any rights that Client may have to use and exploit any User Content.
Client acknowledges and agrees that Client is solely responsible for all User Content that Client makes available through the Services. Accordingly, Client represents and warrants that Client is: (i) the sole and exclusive owner of all User Content that Client makes available through the Services or Client has all rights, licenses, consents and releases that are necessary to grant to PanAm.com and to the rights in such User Content, as contemplated under this Agreement; and (ii) neither the User Content nor Client’s posting, uploading, publication, submission or transmittal of the User Content or PanAm.com’s use of the User Content (or any portion thereof) on, through or by means of the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
PanAm.com respects copyright law and expects its users to do the same. It is PanAm.com’s policy to terminate inappropriate circumstances Users or Clients who repeatedly infringe, or are believed to be repeatedly infringing, the rights of copyright holders.
PanAm.com alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Services, as well as the concepts, ideas, inventions, designs, drawings, materials, technical information, computer programs, databases, instruction manuals, processing, material and equipment specifications, operating specifications, test information, techniques, formulas, patterns, business processes, technology, including any concepts, ideas, software, and hardware related thereto, and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by Client or any other party relating to the services. This Agreement is not a sale and does not convey to Client any rights of ownership in or related to the Services, or any intellectual property rights owned by PanAm.com (or its licensors, where applicable).
The PAN AM name and all related trademarks and service marks associated with these Services are the exclusive property of Pan American World Airways, Inc., and no right or license is granted to use such property without the express consent of its owner. All other trademarks and service marks associated with the Services are the property of third parties and no right or license is granted to use them.