Terms And Conditions

DEFINITIONS:

    1. Departures and arrivals are limited to the continental USA (excluding Alaska and Hawaii), Cancun, Mexico, or Toronto, Canada;

    2. There is no coverage for any commercial airline flights;

COVERAGE ADDENDUM: This Addendum is entered into between the Customer (You or Your) and The Broker (We, Us, or Our), pursuant to the terms, conditions and exclusions enumerated below. In exchange for your payment of the enrollment fee, and in the event of a Covered Loss, We will provide you with the Program Benefits as defined herein. You will remain responsible for any amounts not specifically covered under this Addendum, and/or any items listed in EXCLUSIONS.

GUARANTEE: In the event that we cannot find a suitable Replacement Charter, and at our sole discretion, you will be reimbursed the original cost of the Qualified Flight price plus 30%.

ENROLLMENT IS AVAILABLE ONLY AT THE TIME THAT YOU CHARTER THE QUALIFIED FLIGHT. You understand that we will retain all or a portion of the charge paid by You. This Addendum contains a binding arbitration clause. By clicking “Purchase/Submit”, You acknowledge:

  1. You have read and understand this Addendum and its CONDITIONS;

  1. No other verbal representations have been made to You that differ from these written provisions;

  2. This Addendum is not an insurance policy or part of an insurance policy;

  3. You have received a full copy of this Addendum including all terms and conditions.

CANCELLATION: This Addendum is non-cancellable and non-refundable.

CLAIM PROCEDURES: In the event of a Flight Disruption, You must notify our Administrator immediately and secure Administrator’s written authorization PRIOR to booking a Replacement Charter. IMPORTANT NOTE: FAILURE TO SECURE ADMINISTRATOR’S PRIOR AUTHORIZATION WILL RESULT IN CLAIM DENIAL. To report your claim, call Administrator toll free at 833-359-4372 ext 5 and provide the following:

  1. All information relative to the Qualified Flight including, but not limited to the Broker name, flight number, aircraft type, departure location, destination, passenger name(s), Qualified Flight cost, and scheduled departure and arrival dates/times;

  1. All documents related to the Qualified Flight including the Primary Charter agreement, invoices, boarding passes, itineraries, etc.;

  2. Proof of Mechanical Breakdown including but not limited to technical logs for the Primary Charter aircraft specifying the current issue;

  3. Any other documentation that we or the Administrator reasonably request.

Administrator: Luxury Travel Protection, Inc. 103 Lighthouse Dr. Jupiter, FL 33469

CONDITIONS :

  1. Concealment, Misrepresentation, and Fraud: This Addendum will not cover any claim where You or anyone acting on your behalf intentionally conceals or misrepresents any material fact relating to the purchase of this Addendum and/or any claim under this Addendum.

  1. You must report all claims promptly and prior to booking any Replacement Charter.

  2. Coverage under this Addendum is excess over any other coverage available to you under any travel insurance, or any other applicable agreement.

  3. MITIGATION OF LOSS: You must do all things reasonable and practical to avoid any loss covered under this Addendum and to protect against any further loss.

EXCLUSIONS: This Addendum does not provide coverage for:

  1. Any Flight Disruption of any flight other than the Qualified Flight;

  1. Any loss where you or anyone on your behalf books a Replacement Charter without Administrator’s written authorization;

  2. Any loss which is covered by any other source of recovery including, but not limited to travel insurance or travel clubs;

  3. Any claim where You or anyone acting on your behalf intentionally conceals or misrepresents any material fact relating to this Addendum and/or any claim under this Addendum;

  4. Any loss resulting directly or indirectly from any dishonest, fraudulent, criminal, or illegal act or arising from an intentional act committed by You or by any other person acting on your behalf;

  5. Any loss attributable to any flight cancellation or delays resulting from any of the following: weather; natural disasters; labor strikes or lock-outs, airport closures or disruptions; acts of terrorism; acts of war or warlike acts; overbooking of aircraft; illness, injury or death of you or any of your travel companions; or any reason other than Mechanical Breakdown as defined in this Addendum;

  6. Cancellation, delay, or extension due to scheduled or routine maintenance;

  7. Any loss, damage or expense due to or arising out of, directly or indirectly, nuclear reaction, radiation or radioactive contamination regardless of how it was caused.

SUBROGATION: If We have made a payment for a Covered Loss under this Addendum, and the person to or for whom payment was made has a right to recover damages from a third party responsible for the loss, We will be subrogated to that right. You shall help Us exercise Our rights in any reasonable way that We may request; nor do anything after the loss to prejudice Our rights; and in the event You recover damages from the third party responsible for the loss, You will hold the proceeds of the recovery for Us in trust and reimburse Us to the extent of Our previous payment for the Covered Loss.

Assignment: No Party may assign or transfer its rights or obligations under or interest in this Addendum without the prior written consent of the Administrator.

ARBITRATION It is understood and agreed that the transaction evidenced by this Addendum takes place in and substantially affects interstate commerce. Any controversy or dispute arising out of or relating in any way to this Addendum or the sale of this Addendum, including any controversy or dispute for recovery of any claim under this Addendum, including the applicability of this arbitration provision or the validity of this Addendum, shall be resolved by neutral binding arbitration on an individual basis without resort to any form of class action or any other collective or representative proceeding by the American Arbitration Association (AAA), under the AAA Commercial Arbitration Rules in effect at the time the claim is filed. All preliminary issues of arbitration will be decided by the arbitrator. In the event of a demand for arbitration:

  1. The arbitration shall take place in your county of residence unless another location is mutually agreed upon by the parties. The arbitration shall take place before a single arbitrator selected in accordance with the AAA Commercial Arbitration Rules. AAA Commercial Arbitration rules and forms may be obtained and all claims shall be filed at www.adr.org or at any AAA office;

  1. The cost of the arbitration shall be borne by us except that each party must bear the cost of filing and the cost of its own attorneys, experts and witness fees and expenses. You may seek a waiver of the filing fee under the applicable AAA Commercial Arbitration rules. If the arbitrator holds that a party has raised a dispute without substantial justification, the arbitrator shall have the authority to order that the cost of the arbitration proceedings be borne by that party;

  2. It is understood and agreed that the arbitration shall be binding upon the parties, that the parties are waiving their right to seek remedies in court, including the right to a jury trial. You will not be able to participate as a representative or member of any class of claimants. An arbitration award may not be set aside in later litigation except upon the limited circumstances set forth in the Federal Arbitration Act. An award in arbitration will be enforceable under the Federal Arbitration Act by any court having jurisdiction;

  3. All statutes of limitations that would otherwise be applicable shall apply to any arbitration proceedings. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions of this arbitration provision shall nevertheless remain valid and in force. In the event of a conflict or inconsistency between this arbitration provision and the other provisions of this Addendum or any prior Addendum, this arbitration provision shall govern.

Governing Law: Venue. This Agreement shall be construed with and governed by the substantive laws of the State of Florida. Should any claim or controversy arise between the Parties under the terms of this Note or in furtherance of this Agreement, such claim or controversy shall be resolved only in the state or federal courts located in Palm Beach County, Florida.