AZTEC WORLDWIDE AIRLINES INC.
STANDARD CHARTER TERMS AND CONDITIONS (PASSENGER & CARGO)
PARTIES & OPERATIONAL CONTROL
Charterer: The customer (including its designated representatives, passengers, or shippers as applicable) chartering the Aircraft as set forth in a Charter Contract.
Carrier: Aztec Worldwide Airlines Inc. (“Aztec”), a direct air carrier operating under 14 CFR Part 135, maintaining sole operational control over the Aircraft, flight crew, and all Flight operations at all times.
1. DEFINITIONS
In these Standard Charter Terms, unless the context otherwise requires:
- Agreement: These Standard Charter Terms, the Charter Contract, any applicable Air Waybill, Aztec’s Master Conditions of Carriage, Privacy Policy, and any written Special Conditions agreed upon in writing by Aztec.
- Aircraft: Any aircraft operated by Aztec in connection with any Flight.
- Charter Price: The total amount set out in the Carrier invoice(s) issued in respect of an Agreement.
- Flight: Any flight described in a Charter Contract.
- Charter Contract: The confirmation and quote issued to the Charterer by the Carrier setting forth the aircraft charter and Flight details.
- Special Conditions: Those written variations to these Standard Charter Terms agreed upon by Aztec which, in the event of inconsistency, take precedence over these Standard Charter Terms.
2. CHARTER AND OPERATIONAL CONTROL
2.1 Provision of Aircraft: The Carrier shall make available to the Charterer the Aircraft specified in a Charter Contract, and the Charterer shall charter the Aircraft from the Carrier upon the terms and conditions of the Agreement.
2.2 Operational Authority: The Carrier shall maintain absolute operational control over the Aircraft, flight crew, and all operations at all times in accordance with applicable Federal Aviation Administration (FAA) regulations, Department of Transportation (DOT) economic rules, and Transportation Security Administration (TSA) security directives.
3. PASSENGER CONDUCT, SAFETY, AND REFUSAL OF CARRIAGE
3.1 Compliance with Crew Instructions: In accordance with federal aviation regulations (including 14 CFR § 91.11 and 14 CFR Part 135), all passengers must comply with all verbal instructions and safety directives given by the Pilot-in-Command (PIC) and operating crew members at all times.
3.2 Unruly and Disruptive Passengers: Aztec maintains a zero-tolerance policy for unruly, threatening, abusive, disorderly, or disruptive conduct. Aztec reserves the absolute right to refuse carriage to, remove from the aircraft, or deplane any passenger who:
(a) Interferes with the performance of the flight crew’s duties;
(b) Engages in aggressive, violent, harassing, or verbally/physically abusive behavior toward crew members, ground staff, or fellow passengers;
(c) Appears to be intoxicated, under the influence of illegal substances, or whose condition or impairment poses a potential safety risk to the flight, themselves, or others;
(d) Fails or refuses to comply with safety briefings, seatbelt requirements, or lawful directives of the flight crew; or
(e) Refuses to submit to required security screening or identity verification.
3.3 Liability for Unruly Conduct and Diversions: If Aztec is forced to delay, divert, or land the aircraft prematurely due to the unruly, disruptive, or non-compliant conduct of any passenger, the Charterer shall be fully liable for and shall indemnify Aztec on demand against all resulting costs, expenses, and damages—including fuel burn, landing and handling fees, overnight accommodation, crew duty overtime, FAA/law enforcement processing costs, and schedule disruption penalties. Aztec further reserves the right to refer disruptive individuals to federal, state, and international law enforcement authorities for civil penalties and criminal prosecution.
4. HAZARDOUS MATERIALS AND RESTRICTED ITEMS
4.1 Hazardous Materials Prohibition: Under no circumstances may any passenger or shipper transport, carry, or cause to be loaded aboard the Aircraft any article constituting or containing hazardous materials (also known as HAZMAT, Dangerous Goods, or DG) as defined by the DOT, PHMSA, FAA, TSA, or ICAO, unless pre-approved in writing by Aztec and accompanied by compliant documentation and Safety Data Sheets (SDS/MSDS).
4.2 Specific Prohibitions & Requirements:
(a) Lithium Batteries: Spare lithium-ion or lithium-metal batteries, battery packs, and power banks must never be packed in checked baggage and must be carried exclusively in carry-on baggage or on one’s person in accordance with FAA PackSafe regulations.
(b) Alcohol & Flammables: High-proof alcohol (exceeding 70% ABV / 140 proof), flammable liquids, flares, compressed gases, explosives, and fireworks are strictly prohibited on all flights.
(c) Firearms & Ammunition: Firearms and ammunition will not be accepted for carriage unless declared and approved by Aztec in writing at least 48 hours prior to departure and packed in strict accordance with federal and Bahamian customs laws.
(d) Live Animals: Live animals (including pets and service animals) require advance written authorization and health/import documentation approved by Aztec prior to flight confirmation.
4.3 Penalties and Indemnity: Undisclosed or misdeclared hazardous materials may result in immediate cancellation of the flight, forfeiture of 100% of the Charter Price, and full indemnification of Aztec for any regulatory fines, decontamination, or legal expenses incurred.
5. BAGGAGE, CARGO, AND SECURITY SCREENING
5.1 Payload and Weight & Balance: Allowable passenger count, baggage, and cargo weights shall be as set forth in the Charter Contract, strictly governed by aircraft weight and balance limitations and required fuel loads. Aztec reserves the right to offload or refuse any baggage or freight exceeding available capacity. Excess baggage or cargo delivered without advance notice that causes operational delays will incur delay and handling charges.
5.2 Right of Inspection & Screening: Aztec, TSA, and relevant customs authorities reserve the unrestricted right to inspect, search, and screen all passenger baggage, personal effects, and cargo shipments prior to boarding or loading.
5.3 Cargo Conditions of Carriage & Air Waybill: All cargo consignments are subject to Aztec’s Standard Conditions of Carriage and the issuance of an Aztec Air Waybill. In the event of a conflict between these Terms and an issued Air Waybill, the Air Waybill shall govern for that specific shipment.
5.4 Cargo Liability & Valuation Limitations:
(a) International Carriage: Governed by the Montreal Convention of 1999 (MC99), where Carrier liability for cargo loss, damage, or delay is strictly limited to the applicable statutory Special Drawing Rights (SDR) limit (currently 26 SDR per kilogram) unless a higher declared value is submitted and the valuation charge is paid in advance.
(b) Domestic Carriage: Carrier liability for cargo loss or damage is limited to $0.50 per pound (or the actual invoice value of the lost or damaged goods, whichever is less), unless an excess declared value is requested and paid for prior to departure.
5.5 Smoking: All Aztec aircraft and charter flights are strictly non-smoking, including all tobacco products, vaporizers, and electronic cigarettes. Charterer shall be fully liable for all cabin cleaning, sanitization, and out-of-service downtime costs resulting from non-compliance.
6. CANCELLATION
- If the Charterer cancels any Flight after confirmation of the Agreement, the following agreed liquidated damages shall be paid immediately by the Charterer to the Carrier:
- More than 14 Days: 50% of the Charter Price if cancelled more than fourteen (14) calendar days prior to the scheduled departure date.
- 14 Days or Fewer: 100% of the Charter Price if cancelled fourteen (14) calendar days or fewer prior to the scheduled departure date, or once aircraft positioning has commenced.
7. CHARTER PRICE, PAYMENT, AND EXPENSES
7.1 Payment Terms: The Charterer shall pay Aztec the Charter Price in the amount, currency, and manner specified in the Charter Contract.
7.2 Fuel Adjustments: The Charter Price is based on aviation fuel costs calculated on the date of quotation. If any verified increase in aviation fuel costs occurs prior to flight operation, the Charterer shall pay the Carrier on demand an amount sufficient to cover such cost increase.
7.3 Late Payment Interest & Collection Costs: Unpaid balances shall accrue interest at 6% per annum above the base prime rate (or the maximum permitted by law), calculated daily from the due date until paid in full. The Carrier shall be entitled to recover all legal fees, court costs, and collection expenses incurred in recovering overdue amounts.
7.4 Advance Cleared Funds: Full payment of the projected Charter Price must be received in cleared funds to confirm the aircraft schedule. Time is of the essence for all payments due under any Agreement.
7.5 No Set-Off: No set-off or counterclaim shall entitle the Charterer to withhold any payment due under an Agreement.
7.6 Itinerary Changes: Charterer-requested changes in routing, manifests, or flight times accommodated by the Carrier shall be subject to revised pricing, and the Charterer shall pay all resulting additional costs on demand.
7.7 Technical Failure & Substitute Aircraft: If the Carrier is unable to perform a Flight due to an Aircraft technical failure, the Carrier shall use reasonable commercial endeavors to provide a replacement Aircraft. If the Carrier cannot provide a replacement, the Charterer’s sole remedy shall be a refund of the Charter Price for the unperformed flight segment.
7.8 Credit Card Administration: Credit card transactions authorized by the Charterer shall be subject to applicable merchant administration fees.
8. FLIGHT CREW AND OPERATIONAL AUTHORITY
8.1 Aircraft & Crewing Standard: The Carrier shall provide the Aircraft in an airworthy condition, properly manned, equipped, and fueled in accordance with applicable FAA regulations.
8.2 Pilot-in-Command Discretion: The Pilot-in-Command shall have sole and final discretion regarding aircraft preparation, dispatch, weather assessment, route selection, diversion, or flight termination in the interest of safety. The Charterer accepts all decisions of the PIC as final and binding.
8.3 Chain of Command: Operating and ground personnel are authorized to take operational directives solely from the Carrier.
8.4 Crew Duty Limitations: Charterer-induced departure delays that cause flight crew duty times to exceed statutory limits under 14 CFR Part 135 shall require rescheduling, crew substitution, or cancellation at the Charterer’s sole expense.
9. CUSTOMS, IMMIGRATION, AND TRAFFIC DOCUMENTS
9.1 Documentation Submission: The Charterer shall supply the Carrier with all necessary passenger manifests, passport data, APIS information, Electronic Advance Cargo Information, and customs documentation in sufficient time to complete international regulatory filings prior to departure.
9.2 Compliance Warranty: The Charterer warrants that all passengers possess valid passports, visas, and entry authorizations, and that all cargo complies with U.S., Bahamian, and international customs, agricultural, and public health regulations.
9.3 Refusal of Entry Indemnity: If any passenger or cargo is refused entry or detained by customs/immigration authorities at any destination, the Charterer shall indemnify and hold harmless the Carrier from all resulting fines, penalties, custody costs, and return transportation expenses.
10. EXCLUSION OF LIABILITY AND INDEMNITY
10.1 Insurance & Aircraft Damage: Carrier shall maintain aircraft liability insurance. The Charterer is liable for any physical damage to the Aircraft caused by the Charterer, its passengers, employees, or cargo agents.
10.2 Force Majeure: The Carrier will not be liable for any delay or failure in performance occasioned by weather, air traffic control holds, acts of God, war, terrorism, civil commotion, strikes, labor disputes, airport closures, quarantine restrictions, government shutdowns, supply shortages, or any other cause beyond the direct control of the Carrier.
10.3 Consequential Damages Waiver: NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF REVENUE OR BUSINESS INTERRUPTION.
10.4 General Indemnity: The Charterer agrees to defend, indemnify, and hold harmless Aztec, its officers, employees, and agents against any claims, demands, liabilities, fines, penalties, or property damage resulting from any default, negligence, improper documentation, or regulatory violation by the Charterer, its passengers, or its cargo agents.
10.5 Survival: All indemnities contained herein shall survive termination of this Agreement.
11. PRIVACY, DATA PROTECTION, AND THIRD-PARTY LINKS
11.1 Passenger Data & Regulatory Sharing: Aztec collects and processes passenger and cargo data strictly necessary to facilitate air transportation and comply with governmental authorities. Charterer authorizes Aztec to transmit passenger manifests, APIS data, and customs information to governmental bodies (including U.S. CBP, TSA, and Bahamian Customs & Immigration) and authorized third-party handling agents strictly for travel processing and border clearance.
11.2 Privacy Assurance & Marketing Communications: Aztec does not sell personal information to third parties. By agreeing to these Terms, the Charterer consents to receive operational updates and promotional electronic communications from Aztec Airways, with the right to opt out or unsubscribe from promotional messages at any time in accordance with applicable CAN-SPAM regulations.
11.3 Third-Party Electronic Links: Aztec’s booking platforms, quotes, or websites may contain hyperlinks to external websites owned and operated by independent third parties. Such links are provided solely for convenience and reference. Aztec does not own, control, or endorse the content, policies, or practices of third-party websites and disclaims all liability arising from Charterer’s or passenger’s access to or use of such external sites.
12. ACCOUNT CREATION AND WEBSITE USAGE
12.1 Eligibility and Geographic Availability: You must be at least eighteen (18) years of age and legally capable of entering into a binding contract to create an account, make a reservation, purchase air transportation, or enter into a Charter Contract with Aztec. Access to accounts, reservations, and services may be restricted or unavailable in jurisdictions where Aztec is not authorized to provide the applicable service. By using Aztec’s website, creating an account, or purchasing services, you represent and warrant that you satisfy these requirements.
12.2 Account Security: If you create an online account, you are responsible for maintaining the confidentiality and security of your username, password, login credentials, and other account information. You are responsible for all transactions and activities conducted through your account, except to the extent prohibited by applicable law. You must promptly notify Aztec of any suspected unauthorized access, compromise, or use of your account.
12.3 Suspension and Termination of Accounts: Aztec reserves the right, in its sole discretion and to the extent permitted by applicable law, to suspend, restrict, or terminate access to any account or online service for violation of these Terms, suspected fraud, misuse, abusive or unlawful conduct, unauthorized or disputed payment activity, security concerns, or other conduct that Aztec reasonably determines may harm Aztec, its customers, passengers, employees, service providers, or operations.
13. PRICING, AVAILABILITY, AND ERRORS
13.1 Pricing and Information Errors: Aztec strives to provide accurate information regarding fares, charter pricing, fees, schedules, availability, routes, aircraft, and services. However, typographical, technical, pricing, scheduling, or other errors may occur. Aztec reserves the right to correct any error, inaccuracy, or omission and, where permitted by applicable law, to reject, cancel, or modify a reservation, quote, booking, or transaction that resulted from materially incorrect information. If payment has already been collected for a transaction cancelled solely because of such an error, Aztec will refund the applicable amount paid, subject to applicable law.
13.2 Changes in Price, Discounts, and Availability: Unless a price has been confirmed and paid in accordance with an applicable Charter Contract or other binding agreement, fares, charter prices, fees, discounts, schedules, aircraft availability, routes, and services are subject to change or withdrawal without prior notice. Availability is not guaranteed until the applicable booking or Charter Contract has been confirmed by Aztec and all required payments have been received in cleared funds.
14. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
14.1 Disclaimer of Warranties: To the maximum extent permitted by applicable law, Aztec’s aircraft charter services, website, booking platform, online account services, and all information made available through them are provided on an “AS IS” and “AS AVAILABLE” basis. Except as expressly set forth in this Agreement, Aztec disclaims all warranties, whether express, implied, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, except for warranties that cannot legally be excluded. Nothing in this provision alters Aztec’s obligations as a direct air carrier under applicable aviation law, an applicable Charter Contract, conditions of carriage, Air Waybill, or any liability that cannot legally be limited or excluded.
14.2 Website and Online Transaction Liability Cap: To the maximum extent permitted by applicable law, Aztec shall not be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost revenue, loss of data, business interruption, or losses resulting from inability to access Aztec’s website or online services. Except where a different liability limit is required by applicable law, an international convention, Aztec’s Conditions of Carriage, an Air Waybill, or a Charter Contract, Aztec’s aggregate liability arising solely from use of its website, online account, or online booking services shall not exceed the amount actually paid by the customer to Aztec for the specific transaction giving rise to the claim.
15. TERMINATION
15.1 Termination by Carrier: Aztec may terminate an Agreement immediately upon written notice if the Charterer defaults on payment or commits a material breach of these terms.
15.2 Effect of Termination: Upon termination, all unpaid balances become due immediately, and Aztec may retain any deposits paid as liquidated damages.
16. GENERAL PROVISIONS
16.1 Notices: Notices under this Agreement shall be in writing and delivered by courier, registered mail, or email.
16.2 Time of the Essence: Time shall be of the essence in respect of the Charterer’s obligations.
16.3 Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements or representations.
16.4 Amendments: No amendment or variation of this Agreement shall be effective unless made in writing and signed by both parties.
16.5 Confidentiality: Commercial terms contained herein are confidential between the parties.
16.6 Assignment: The Charterer shall not assign this Agreement without prior written consent from Aztec.
16.7 Execution & Counterparts: This Agreement may be executed electronically and in counterparts, each of which shall constitute an original.
17. GOVERNING LAW AND DISPUTE RESOLUTION
17.1 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict-of-law principles, except where federal law or an applicable international convention governs. The parties submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in Broward County, Florida, and waive any objections based on forum non conveniens, except as otherwise provided in Section 17.2.
17.2 Arbitration; Class Action Waiver: Any dispute, claim, or controversy arising out of or relating to this Agreement, the Charterer’s use of Aztec’s services, or the breach, termination, enforcement, interpretation, or validity thereof, shall be resolved exclusively by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules then in effect, except that either party may bring an individual action in small claims court for disputes within that court’s jurisdiction. The arbitration shall be conducted by a single arbitrator seated in Broward County, Florida, and judgment on the award may be entered in any court of competent jurisdiction.
THE CHARTERER AND AZTEC EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT ANY ARBITRATION OR PROCEEDING SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator shall have no authority to consolidate claims of more than one party or to preside over any form of a class or representative proceeding. If this class-action waiver is found unenforceable as to a particular claim, that claim (and only that claim) may proceed in court, and the remainder of this arbitration provision shall remain in full force.