MaceAero acts as an interface between you (the “User”) and our network of accredited Aircraft Operators (the “Carrier”). When booking a charter flight through MaceAero Platform and/or MaceAero Website, you will be entering into a direct and legally binding relationship with the Carrier, which is subject to Carrier Terms (as defined below). From the time of booking, MaceAero will support you fully in our position as an intermediary.

All rights and liabilities of the User and MaceAero with respect to any services or product facilitated by MaceAero shall be restricted to the scope of this User Agreement.

• “Aircraft" means any aircraft (including helicopters) operated in connection with any Flight.
• “Booking Day” shall mean the date of scheduled use of the Aircraft or scheduled departure of the Flight, as described in the Charter Contract.
• “Carrier Terms” mean the terms and conditions of the Carrier whose Aircraft is booked by a User through MaceAero Platform and/or MaceAero Website.
• “Charter Contract” shall mean the online confirmation issued to the User by MaceAero confirming the aircraft charter and Flight details.
• "Flight" means a flight described in the Charter Contract.
• “MaceAero” means MaceAero Private Limited, a company incorporated under the laws of India, having its registered office at

The User must be at least 18 years of age and must possess the legal authority to enter into an agreement so as become a User and avail the services rendered by MaceAero. If you are a minor or are below the age of 18 years, you shall not register as a User and shall not use the MaceAero Platform and/or MaceAero Website.

Use of the MaceAero Platform and/or MaceAero Website by a minor shall only be made by the legal guardian or parent of such minor. We reserve the right to terminate your membership and/or block access to the MaceAero Platform and/or MaceAero Website if it is discovered that you are a minor or incompetent to contract according to the law or any information pertaining to your age entered at the time of creation of an User Account is false.

• All content made available on MaceAero Platform and/or MaceAero Website, including but not limited to proprietary logos, service marks, trademarks, images, software, text, icons and such similar content (“Content”), is the intellectual property of MaceAero and is protected under applicable intellectual property laws.
• MaceAero does not grant the User a license, right or authority to utilize any proprietary logos, service marks, or trademarks in any manner. Any unauthorized use of the Content, will be in violation of the applicable law.
• MaceAero Platform and/or MaceAero Website is meant to be used by bonafide User(s) for a lawful use.
• Services offered on the MaceAero Platform and/or MaceAero Website may change from time to time without any prior intimation to the User. MaceAero reserves the right to stop (permanently or temporarily) providing any services without any prior notice.

• Users shall not:

  1. generate any content by way of reviews, comments, feedback, images or any other content or submit, host, post, display, upload, modify, publish, transmit, update, share, or communicate anything that is, or that incites or encourages, action that is, explicitly or implicitly: illegal, grossly harmful, abusive, harassing, threatening, hateful, racially or ethnically objectionable, derogatory, harmful to any reputation, disparaging, defamatory, libelous, pornographic, indecent, profane, obscene, paedophilic or otherwise objectionable (including nudity), blasphemous, invasive of another's privacy, or relating or encouraging money laundering or gambling or otherwise unlawful in any manner;
  2. infringe any patent, trademark, design, copyright or other proprietary rights or violate any right of any third party, including privacy rights, publicity rights, and intellectual property rights;
  3. send communication that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
  4. participate in any fraudulent or illegal activity, including phishing, money laundering, or fraud;
  5. impersonate any third party;
  6. send communication that deceives or misleads the addressee about the origin of such messages or communicates any information which is offensive or menacing in nature;
  7. stalk, harass, threaten, or harm any third party;
  8. violate any law, regulation or court order;
  9. harm minors in any way;
  10. publish, share, upload, etc. anything that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  11. create an account with false, untrue and / or inaccurate information;
  12. advocate, encourage, or assist any third party in doing any of the foregoing.
• MaceAero reserves the right, in its sole discretion, to terminate access to the MaceAero Platform and/or MaceAero Website, and the services offered on the same or any portion thereof at any time, without notice, for general maintenance, or violation of this User Agreement including the Charter Contract and Carrier Terms, or any other reason whatsoever.

The Carrier shall make available to the User the Aircraft as specified in the Charter Contract and the User shall take the Aircraft on charter from the Carrier upon the terms and conditions of this User Agreement, Carrier Terms and the Charter Contract (including any special conditions which have been notified to the User by the Carrier during or after the booking process).

The Carrier shall be responsible for providing the Aircraft at the scheduled commencement of the Flight in a condition such that it is properly manned and equipped, fuelled and airworthy in accordance with the laws and regulations of the relevant jurisdiction(s). The Aircraft shall be operated by the Carrier in accordance with all applicable laws and regulations during the period of the Flight(s).

MaceAero may specify any pricing and payment plans on the MaceAero Platform and/or MaceAero Website for Aircraft and Flight bookings with a Carrier, from time to time.

Any booking made by the Users shall be subject to a minimum charge of 2 (two) hours of flying time regardless of whether any actual use of the Aircraft has been made or not. In the event that there is no flying on the booking date, the 2 (two) hour flying time shall be charged as “Non-Flying Day Charge” and in this case, no night halt charge will be levied.

Flying hour charges include the cost of the Aircraft fuel, oil, maintenance, landing and day parking charges, standard in-flight meals, navigation fees and dispatch cost of the Aircraft, along with other such charges as may be specified in the Charter Contract or on the MaceAero Platform and/or MaceAero Website.

MaceAero also reserves the right to charge for the following:

• Domestic Flights:
  1. Ground Handling service charges;
  2. Extension of watch hours (if applicable);
  3. Day detention charges after 4 (four) hours of waiting at a destination.;
  4. Night Halt charges (if applicable);
  5. Taxes as applicable.
• International Flights:
  1. IFS (International Flight clearance Service) charges: IFS charges are applicable additionally, for flights operating in the international sector. This comprises Permit Facilitation, Ground Handling, Hotel Set Up, Flight Planning, Airport Fees, 3rd Party Airport Fees, Basic Handling, Night Operation Fees, Supervision Fee, Landing Fee, Parking Fee, Towing assistance, Navigation, Security (per pax), Boarding Fee (Per pax), Ramp light (if used), Approach Fee, Follow-me, General Aviation Terminal Use, Passenger Tax, Passenger apron Tax, Passenger Departure Fee, VIP Service agent, General Aviation Terminal Use, Basic Handling, Other Handling, etc.
  2. Crew stay (in lieu of Night Halt charges): The 3 crew members will be entitled to USD 500 per night (subject to hotel check-in and check-out times)
  3. Taxes as applicable
• Any additional/statutory charges as may be levied by any Airport/Customs/Regulatory authorities or any other statutory or legal authorities.

If the User wishes to cancel any Flight(s) after confirmation of the booking, the refund for any amount paid by the User be subject to the following charges/deductions for such cancellation:

• 10% if the cancellation is done on payment confirmation;
• 20% if the cancellation is done between 48 hours to 24 hours prior to the scheduled Booking Day;
• 100% of total invoice value if the cancellation is done less than 24 hours prior to the scheduled Booking Day.

Any changes/modification of booking requested by the customer after the commencement of the scheduled Booking Day and if the same cannot be executed due to operational reasons / lapse of relevant permissions in flight sectors will be termed as ‘a last minute cancellation’ - and the cancellation clause of 100% would apply.

If due to sudden deterioration of weather en-route / destination, the Aircraft cannot land at the destination or is diverted due to defence services activity andhas to return to the starting point or divert to some other airport, the actual flying time and any other additional charges due to the diversion would be chargeable and balance if any, would be payable / refundable.

Check-in time: For domestic flights, check-in usually starts 45 minutes before the scheduled departure time. For International flights, check-in starts 60 minutes before the schedule departure time. The Aircraft doors are required to be closed 15 minutes before scheduled departure time for ATC clearance as per regulations. Certain formalities are required to be completed by the passenger at the Airport or Aircraft location before and after being accepted by the Carrier for travel. In order to complete these Check-in formalities, the passengers are requested to check-in at the recommended timing for the Domestic/International flights respectively. In the event of delay in reporting of passengers or last minute rescheduling of the flight due to the passenger’s requirement, MaceAero will put in its best efforts to accommodate the revised schedule but the same cannot be guaranteed; because of departure/arrival slots which are applicable at certain airports. Passengers, who do not report at the Boarding gate at the requested Boarding time, will not be boarded on the said flight. In the event of delays in flight due to reasons not within reasonable control of MaceAero Private Limited, MaceAero will disclaim any liability towards the same.

Free Baggage Allowance (subject to load) for Domestic and International flights shall be as follows:

Hand Baggage Regulations: As per Government Safety Regulation, only one piece of hand baggage not exceeding L+B+H being 55+35+25 per passenger is allowed in the Aircraft.

The following articles can be carried free in addition to the free baggage allowance:-

• An overcoat wrap or blanket
• An umbrella or walking stick
• A lady’s handbag or purse
• A reasonable amount of reading material for the flight
• Infant’s food for consumption in-flight and infant’s carrying basket

The User shall adhere to the security regulations of the Carrier and/or airport in addition to the guidelines given hereunder:

• No smoking is allowed at the airport or on the Aircraft;
• Do not accept any packets from unknown person;
• Do not leave baggage unobserved at any time, especially within airport area
• Do not carry any contraband or prohibited substances included but not limited to arms, explosives, narcotics, dry cells, knives, sharp instruments, firearms (and their toy replicas) or any substances specified under the Charter Contract, Carrier Terms and/or applicable laws;
• Battery cells, dry cells carried in the hand baggage or any electronic/electrical items are liable to be removed and the Carrier would not be in a position to hand over the same at the destination.
• Do not carry the following dangerous items to the Aircraft:
  1. Compressed Gases- deeply refrigerated, flammable, non-flammable and poisonous such as butane, oxygen, liquid nitrogen, aqualung cylinders and compressed gas cylinders.
  2. Corrosive such as acids, alkalis, mercury / wet cell batteries and apparatus containing mercury
  3. Explosives, ammunitions fireworks and flares
  4. Flammable liquids and solids such as lighter refills, lighter fuels, matches, paints, thinners, fire lighters.
  5. Radioactive materials
  6. Briefcases and attaché cases with installed alarm devices
  7. Oxidizing materials such as bleaching powder and peroxides
  8. Poisons and infectious substances such as insecticides, pesticides, weed killers and live virus materials.
  9. Other dangerous articles such as magnetized materials, offensive or irritating materials.

COMMENT:

With reference to the suggested clause “the Company reserves the right, without assigning any reason, to cancel or delay the commencement or continuance of the flight…”, please confirm if such cancellation (due to breach of above terms) would be done by MaceAero or the Carrier.

With reference to the suggested clauses in your document re the loss of baggage, etc., we have added under Clause 9 that the liability of MaceAero is limited to making of the booking. Accepting liability for loss of baggage would be inconsistent with the same. We may choose to specify that the liability for such loss of baggage and similar damages or cancellations are the liability of the Carrier. Please confirm if a more detailed clause is required for limiting the liability of a Carrier to certain amounts. Please also note that limiting liability to x amount is subject to the scrutiny of courts in the event of any litigation action.

MaceAero acts as an intermediary and facilitates the services such as Aircraft and Flight bookings provided by the Carrier to the Users. The responsibility of MaceAero is limited to providing a technology platform for booking Aircraft Charters and Flights provided by the Carriers, and the ultimate liability shall rest on the respective Carrier

MaceAero’s liability is strictly limited to providing the User with a confirmed booking as selected by the User. Once the booking is confirmed by the Carrier and the same is communicated to the User, any issues or concerns faced by the User at the time of availing any such services shall be the sole responsibility of the Carrier. MaceAero shall have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence on part of any Carrier.

The Carrier shall be responsible for providing the Aircraft at the scheduled commencement of the Flight in a condition such that it is properly manned and equipped, fuelled and airworthy in accordance with the laws and regulations of the relevant jurisdiction(s). The Aircraft shall be operated by the Carrier in accordance with all applicable laws and regulations during the period of the Flight(s).

MaceAero shall not have nor assume any responsibility or liability to any User for activities performed by any Carrier. The Carrier shall be solely responsible for all claims arising out of any and all occurrences, accidents or incidents that occur on or in connection with the Aircraft operated by the Carrier, including without limitation all personal injuries, property damage or wrongful death.

MaceAero is not responsible for any negligent act or omission by an Carrier or its personnel and is not responsible for any personal injury, property damage, accident, delay, inconvenience, or change in itinerary that may occur. MaceAero shall not be liable under any contract, negligence, strict liability or other legal or equitable theory for any consequential, indirect, incidental, special, punitive, exemplary or reliance damages, any amounts in excess of the price paid for a particular Flight, or any matter beyond its reasonable control.

The User is responsible for any harm to an Aircraft caused by the User, its assignees, agents, employees and invitees. MaceAero will not be responsible in any manner whatsoever for passengers travelling without the relevant travel documents and/or, carrying any contraband items and/or, involved/indulging in any illegal activities. The User shall avail the services strictly in conformity with this User Agreement, Charter Contract and Carrier Terms as well as any applicable laws and regulations of the relevant jurisdiction(s). MaceAero is not responsible for any harm or damage caused by the conduct of the User and reserves the right to terminate access of such User to the MaceAero Platform and/or MaceAero Website without any prior notice and in its sole discretion.

User shall fully indemnify, defend and hold harmless MaceAero, its affiliates, associates and group companies, and their respective directors, key managerial personnel, employees, officers, shareholders, agents, representatives, sub-contractors, consultants and third-party providers from and against all losses, claims and damages including legal fees, resulting from: (i) violation of any terms of the User Agreement/Charter Contract/Carrier Terms; (iii) violation of any third party right; (iv) breach of any applicable laws; (iv) any unauthorized, improper, illegal or wrongful use of the MaceAero Platform and/or MaceAero Website or the Aircraft by any person, including a third party, whether or not authorized or permitted by such User; (v) any harm to the Aircraft, and (v) breach of any representation, warranty, covenant or undertaking under the User Agreement or under applicable law. This indemnification obligation will survive the expiry or termination of this User Agreement.

MaceAero will not be liable or responsible for any failure or delay in performing any of its obligations hereunder occasioned by any of the following causes: weather (including adverse weather conditions preventing any services, inspections or Flights of the Aircraft), work stoppages, strikes, acts of war or terrorism, acts of God or the public enemy, civil war, insurrection or riots, fires, floods, explosions, earthquakes, serious accidents, epidemics, quarantine restrictions, acts of government (including government shut-downs), governmental priorities, labour disputes causing cessation, slowdown or interruption of work, supplies, parts or materials, or any other cause not within the direct control of MaceAero.