Terms & Conditions

Powerhouse Marketing, LLC | DBA (“FIDELITY JETS”)

By using the services provided by FIDELITY JETS, as agent for Client, Client agrees to be bound by the terms and conditions set forth below. Client acknowledges and agrees that the aircraft charter business and air charter brokerage business is regulated by certain national, international, state and local governmental laws and regulations and that such laws, regulations and best practices in the industry may change from time-to-time and, accordingly, FIDELITY JETS shall have the right to modify this Agreement at any time by providing written notice to Client, and such modifications to this Agreement shall be effective immediately upon FIDELITY JETS providing notice of the same to Client. By executing this Agreement, Client agrees to periodically review this Agreement and to be aware of such modifications to this Agreement. Accordingly, Client's continued use of FIDELITY JETS services shall be deemed Client's conclusive acceptance of any modifications to this Agreement. 

1.   Engagement

Client hereby engages FIDELITY JETS to act as an agent for Client and arrange charter services between Client and one or more third party certificated air carriers operating under 14 CFR Part 121, 125, 129, or 135 of the Federal Aviation Regulations.

In accordance with Section 14, Part 295 of the Code of Federal Aviation Regulations (“Part 295”), FIDELITY JETS is an air charter broker that arranges chartered air transportation as an indirect air carrier, both domestic and foreign. Client hereby engages and appoints FIDELITY JETS to act as Client’s authorized agent under the terms and conditions of this Agreement to arrange for aircraft charter services from third party certificated direct air carriers operating under 14 CFR Part 121, 125, 129, or 135 or their foreign civil aviation authority equivalent (“Direct Air Carriers”). FIDELITY JETS will always contract for transportation services solely from Direct Air Carriers that exercise exclusive operational control over flights arranged by FIDELITY JETS. Client acknowledges that FIDELITY JETS is not a Direct Air Carrier and possesses no operational control over any aircraft or chartered flight. Prior to the start of any chartered air transportation arranged by FIDELITY JETS, Client will be notified by FIDELIY JETS of the flight itinerary, aircraft registration number(s), and the legal name (and any other name in which the Direct Air Carrier holds itself out to the public) of the Direct Air Carrier. FIDELITY JETS does have additional non-owned aircraft liability insurance covering the charterer, and passengers and property on charter flights, in addition to the Direct Air Carrier’s insurance policy. FIDELITY JETS only contracts Direct Air Carriers that have liability insurance meeting or exceeding U.S. Department of Transportation requirements covering such air carrier.

2.   General Disclosures

FIDELITY JETS does not own or operate aircraft and is a contracted agent of a network of Direct Air Carriers. FIDELITY JETS is acting solely as a broker and is not an air carrier and is not operating the flights. Client authorizes FIDELITY JETS to book on Client’s behalf the charter services set forth in the itinerary. All requests for service are subject to acceptance by FIDELITY JETS. The Direct Air Carriers have sole responsibility, liability, and control of all aspects of the aircraft charter services provided to Client, including without limitation, (i) aircraft availability and pricing, (ii) the commencement and termination of scheduled flights, (iii) the operation, regulation condition and safety of the flight, and (iv) passengers, baggage, cargo and other people and events associated with your air travel, such as crew performance. The Direct Air Carriers and/or their pilots will be solely responsible for all decisions regarding safety determinations with respect to the commencement, operation, and termination of flights. Neither the Direct Air Carriers nor FIDELITY JETS shall have liability or responsibility for delay, cancellation or failure to furnish any service to be provided to Client when caused by mechanical difficulty, weather conditions, acts of God, acts of nature, acts of civil or military authority, acts of terrorism, civil commotion, war or warlike operations or imminence thereof, strikes or labor disputes, blockade, embargo, government regulation, law, rule of authority, acts or omissions of government authorities including all civil aviation authorities, requisition of aircraft by public authorities, breakdown or accident to the aircraft, mechanical failure, lack of essential supplies or parts, or if the safety of passengers and/or property is deemed by the aircraft commander or the carrier’s operational supervisors to be in jeopardy, or for any causes beyond their reasonable respective control. FIDELITY JETS’ sole responsibility shall be to act as a broker to arrange the flight(s) and, as applicable, ground, and other arrangements. Thereafter, the air charter supplier and/or air carrier shall be solely responsible for any delay, cancellation, or failure to furnish flight(s). The air charter supplier and/or air carrier assume responsibility for Client and Client’s agent, guests, passengers, and employee’s safety, schedule, baggage, cargo, business and personal activities and financial ramifications associated with the reservations and travel arranged by FIDELITY JETS and performed by the air charter suppliers and/or air carrier.

3.   Costs and Expenses

The Charter Quote for each specific trip shall set forth the charter price and any associated and additional costs and expenses relating to each unique charter. Client shall be responsible for additional charges incurred by FIDELITY JETS in the provision of the services described in the Charter Quote for each specific trip and Client may be billed separately for the same or such costs and expenses may be added to the Charter Quote pricing (if known at the time the Charter Quote is executed); such additional costs and expenses shall include, without limitation, catering costs, ground transportation costs, flight phone costs, de-icing costs, fuel surcharges, crew expenses, air space navigation fees, weather service fees, international fees and such other costs and expenses as are incidental to charter services. Client further agrees that it shall be responsible for all sales, use, VAT, stamp, FET, transfer, segment fees and other similar taxes, fees, duties and penalties that may be imposed by any federal, state, county, local, foreign or other governmental authority as a result of the flights and services provided to Client by FIDELITY JETS ("Taxes"). Client shall save, defend, indemnify and hold FIDELITY JETS, its affiliates, successors or assigns, and any present or former officers, directors, managers, members, employees, agents, legal representatives and attorneys, harmless from and against any and all actions, causes, claims, damages, losses, penalties, demands, obligations or liabilities, expenses or disbursements (including without limitation, reasonable costs and attorney fees) relating to the Taxes. The obligations of the Client under this Section shall survive the termination of each flight.

4.   Payment

The payment for each charter flight shall be due upon confirmation of each charter; payments must be received in order to confirm each flight as FIDELITY JETS cannot guarantee the availability of the agreed upon aircraft until payment has been received. At the discretion of FIDELITY JETS, credit cards may be accepted for payment of charges and such payments will be subject to a 3% to 6% administrative fee depending on the merchant. Additional payment terms may be arranged and agreed upon by FIDELITY JETS and Client which shall be listed in the Charter Quote for each specific flight. By providing his, her, or its credit card information, Client authorizes FIDELITY JETS to obtain payment from the issuer of the credit card and Client agrees to pay an administrative fee as outlined herein, if such payment is made by credit card.

5.   Authorized Flight Scheduler 

A.           Client will furnish to FIDELITY JETS a list the authorized flight schedulers for any charter flight.

B.           Client will immediately notify FIDELITY JETS in writing via email or facsimile if the list of authorized flight schedulers have changed in any way. Client shall be held responsible for any and all costs incurred by FIDELITY JETS as a direct result of Client's failure to inform FIDELITY JETS of such alterations in authorized schedulers. This includes any fees incurred by an individual whose authority has been revoked but Client has not notified in writing.

C.          In order to schedule a flight, Client must contact FIDELITYE JETS via phone, email, facsimile or other previously agreed upon methods. The aircraft will not be confirmed or deemed chartered by Client until the full amount of the flight, which is listed on the Charter Quote has been received by FIDELITY JETS, unless previously agreed upon and noted in the Charter Quote. 

6.   Operation

Direct Air Carrier and the captain of the aircraft are authorized to take all necessary measures to ensure safety. He/she/it shall have full authority and complete discretion as to whether there shall be any deviation from the specified route and where alternate and/or immediate landings shall be made. Such determinations shall be binding upon Client and all passengers. FIDELITY JETS does not control operations of Direct Air Carrier, which under applicable FARs are the sole responsibility of Direct Air Carrier, and FIDELITY JETS is not liable for the operation, action and undertakings of Direct Air Carrier. 

7.   Liability for Damages

Client shall be held liable for any and all damages to the aircraft and property of Direct Air Carrier, which was caused by Client or Client's guests. Client and Client’s agents, representatives, and employees, if applicable, shall not engage in any act or possess any substance or allow cargo to contain any substance that may result in the seizure or forfeiture, or unsafe operation of the aircraft used in the charter contracted for Client by FIDELITY JETS.

8.   Limitation of Liability

FIDELITY JETS shall not be deemed to be in breach of its obligations relating to any services it shall provide to Client or have any liability for any loss, injury, damage, delay or cancellation in whole or in part caused by or resulting from any act of God, economic or political sanctions, quarantine, failure or refusal on the part of any governmental agency to grant or issue approvals, clearance, permits or operating authority, rights or civil commotion, military emergency, war or war hazards, fuel shortages, weather conditions, mechanical breakdown, strikes or labor problems, lack of essential supplies or parts, pandemics or occurrences of similar or dissimilar nature which through no fault of FIDELITY JETS shall prevent, delay or interrupt the furnishing or operation or performance of such transportation. In the event of any such occurrence, FIDELITY JETS will use commercially reasonable efforts to provide other aircraft to meet Client’s scheduled flight. FIDELITY JETS shall not be responsible or liable for the transportation of passengers who fail to report at the specified Fixed Based Operator (FBO) at the departure airport, at the departure time of the flight, or who are, through no fault of FIDELITY JETS, not aboard at the time of departure. If one or more members of one group fail to report or board, Carrier may depart as scheduled and Carrier and/or FIDELITY JETS shall in no way be responsible for or to Client or such individual for any damages and FIDELITY JETS shall be deemed to have completed its contractual obligation to Client. 

IN NO EVENT WILL FIDELITY JETS BE LIABLE TO CLIENT, ITS AGENTS, EMPLOYEES, GUESTS, PASSENGERS, FAMILY MEMBERS OR ESTATE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY (A) CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR RELIANCE DAMAGES; (B) AMOUNTS IN EXCESS OF THE PRICE PAID FOR A PARTICULAR FLIGHT; (C) MATTER BEYOND ITS REASONABLE CONTROL; OR (D) ARISING FROM OR RELATED TO THE ACTIONS OR INACTIONS OF THE DIRECT AIR CARRIERS PROVIDING FLIGHT SERVICES TO THE CLIENT. FIDELITY JETS shall not have, nor assume any responsibility or liability to Client for activities performed by Direct Air Carrier. Direct Air 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 Carrier, including, without limitation, all personal injuries, property damage or death.

FIDELITY JETS is not responsible for any wrongful, or negligent act or omission by Direct Air Carrier or its personnel and is not responsible for any personal injury, property damage, accident, delay, inconvenience, or change in itinerary that may occur. These limitations shall apply notwithstanding the failure of the essential purpose of any limited remedy. Client agrees that Client shall indemnify, defend, and hold harmless FIDELITY JETS and FIDELITY JETS officers, directors, agents, managers, members, affiliates, and employees, and each of them (collectively the “Indemnitee(s)”) from and against all claims, suits, actions, judgments, fines, penalties, damages, losses and liabilities, including, but not limited to third party claims and reasonable attorneys’ fees, costs of litigation, and other expenses relating thereto, including the cost of establishing the right of indemnification under this Agreement, which arise out of or are in connection with activities associated with this Agreement, which are made, asserted, assessed, or accrued against any Indemnitee by reason of injury or death to any person or the loss or damage to any real or personal property. The foregoing indemnities shall not apply to the extent of any gross negligence or willful misconduct of any Indemnitee.

9.   Mechanicals

FIDELITY JETS shall not be liable for expenses incurred for replacement transportation in the case of mechanical irregularity. In the event no replacement is possible, FIDELITY JETS will return the unused portion of the leg minus any associated costs to the disrupted service, without any other liability or compensatory payment.

10.   Regulations

This Agreement is subject to all applicable governmental laws, rules, approvals, certifications and regulations in effect from time to time governing the flights contemplated hereunder, including, without limitation those promulgated by the FAA, the Transportation Security Administration, DOT, and Internal Revenue Service which now or hereafter may be imposed or required. 

11.   Identification

Client is responsible for informing all passengers that prior to boarding the aircraft they must show at least one form of valid state/government issued photo identification to Carrier for domestic flights. Clients must show the carrier a valid passport for any international flights (including Canada and Mexico) and visas when required. FIDELITY JETS is not liable for Carrier's reasonable refusal to allow any passengers to board the aircraft who fails to provide appropriate identification. 

12.   Cancellation

In the event that Client cancels any agreed upon flight in connection with this Agreement, Client and FIDELITY JETS agree that the cancellation amount stated within the Charter Quote shall be retained by FIDELITY JETS. All flight cancellations will be subject to Carrier's flight cancellation policies and Client will be responsible for any cancellation or missed flight costs and expenses, including any fees associated therewith. 

All requests for services are subject to acceptance by FIDELITY JETS. FIDELITY JETS hereby expressly reserves the right to accept or reject any reservation requests for any reason, or for no reason, whatsoever. Your Charter Itinerary will be delivered by email or fax from providing a confirmation number and the estimated price quote, and specifying the date(s) and departure time of travel, flight segments arranged on your behalf, aircraft type and other requests specified by you when booking your flight. You will be requested to sign and return a copy of the Charter Quote/Contract signifying confirmation of its contents and consent to these Standard Terms & Conditions.

Client understands and acknowledges that the cancellation of any Reservation or portion thereof within four (4) calendar days of the scheduled departure date of the scheduled domestic trip and within seven (7) calendar days of the scheduled departure date of the scheduled international trip, will result in a cancellation charge of up to 100% of the quoted price for the trip. All International trips canceled after the signed contract has been received by FIDELITY JETS are subject to penalty depending on the operator terms. These Terms will be noted on the Charter Quote. Confirmed departures within seven (7) days of Peak Travel Days, as defined in Paragraph 2(c), below, are non-refundable, and the cancellation of any confirmed reservation within seven (7) days of departure either prior to or after the Peak Travel Days will result in a cancellation charge of up to 100% of the quoted price for the trip. Client acknowledges that any change in date, time, itinerary, number of passengers or type of aircraft may be deemed a cancellation and be subject to a cancellation charge. Client acknowledges that a no show will be considered a cancellation and the client will be charged 100% of the cost of the trip. Other types of cancellation charges may include, but are not limited to: costs incurred as a result of partial completion of itinerary, including but not limited to return of aircraft to its base, plus the greater of: (i) costs incurred for specifically positioning and repositioning an aircraft and flight crew in preparation for the canceled trip, (ii) flight charges equivalent to two hours of operation for each day of the canceled itinerary, or (iii) any fees incurred by FIDELITY JETS as a result of the client's cancellation. FIDELITY JETS reserves the right to change the terms of its cancellation policy at any time. Any cancellation of any confirmed Charter Itinerary or portion thereof may be subject to the terms and conditions of the specific air carrier selected. FIDELITY JETS assumes no responsibility for the disposition or cancellation of any reservation, either by Client or air carrier. If there is a mechanical difficulty or if contracted aircraft is no longer available, FIDELITY JETS shall use best efforts to provide an alternate aircraft or carrier of similar quality. ALL ONE-WAY CHARTER RESERVATIONS OR CHARTERS THAT END IN DIFFERENT DESTINATION THAN ORIGINAL DEPARTURE CITY ARE NON-CANCELABLE AND NON- REFUNDABLE AND ARE SUBJECT TO A 100% CANCELLATION FEE AT TIME OF BOOKING.

Peak Travel Days include the following: New Year's Day, President's Day, Easter Sunday, Passover, Memorial Day, Fourth of July, Labor Day, Thanksgiving, Christmas, Super Bowl. The term Peak Travel Days includes the day noted, as well as the four days prior and four days after. 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. FIDELITY JETS will add the applicable tax, using the current rate, to each charter invoice, and the Client will pay such amounts. Client understands that the cost estimate provided by will include estimates for certain cost items. Client will pay the actual amount of applicable taxes, flight fees, fuel surcharges, over-flight permits, landing charges, catering costs; ground transportation, flight phone, WI-FI, Flight Phone, customs fees, crew trip expenses, and similar out-of-pocket expenses relating to the services provided should these amounts differ from the original cost estimate. ALL ONE-WAY CHARTER RESERVATIONS ARE NON-CANCELABLE AND NON- REFUNDABLE AND ARE SUBJECT TO A100% CANCELLATION FEE AT TIME OF BOOKING. PLEASE NOTE THAT DEICING COST IS NOT INCLUDED IN THE QUOTE AND CAN VARY DEPENDING ON CONDITIONS AND SIZE OF AIRCRAFT. THE DE-ICING CHARGES WILL BE BILLED ACCORDINGLY AFTER THE TRIP IS COMPLETED. If a deviation from the original itinerary is requested by Client and agreed to by FIDELITY JETS, or if any such deviation is caused or necessitated by Client's actions, then the amount owed by Client to FIDELITY JETS may differ from the original cost.



13.   Exclusions or Omissions

FIDELITY JETS will not be responsible to Client for any misrepresentations made by any Direct Air Carrier, whether on FIDELITY JETS’ website or other promotional material, or otherwise. Any exclusions or omissions by any Direct Air Carrier, whether express or implied are not the responsibility of FIDELITY JETS. FIDELITY JETS makes no representations or warranties of any kind, either express or implied, as to any matter including without limitation, implied warranties of fitness of particular purpose, merchantability or otherwise.

14.   Termination of Agreement

FIDELITY JETS and Client agree that either party may terminate this Agreement at any time with written notice. Client is obligated to pay all amounts due to FIDELITY JETS for services provided before this Agreement shall be terminated. FIDELITY JETS shall have the right to damages against Client for all losses and costs arising from Client’s breach of this Agreement and to all other remedies available to FIDELITY JETS at law or in equity (including without limitation, reasonable attorneys’ fees, costs and expenses). 

15.   Indemnification

Client agrees to save, indemnify, hold harmless and defend the FIDELITY JETS, its affiliates, agents, employees, members, or managers, from and against any and all actions, causes, claims, damages, losses, penalties, demands, obligations or liabilities, expenses or disbursements (including without limitation, reasonable costs and attorney fees) against any loss, damage or expense incurred by Broker by reason of any action or omission of Client, its agents, employees, guests, invitees, passengers, or family members arising from or relating to this Agreement. Furthermore, Client agrees to pay for any damage to the charter aircraft caused by Client, its agents, employees, guests, invitees, passengers, or family members, excluding normal wear and tear to charter aircraft.

16.   Binding Effect/Miscellaneous

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and permitted assigns, but neither this Agreement nor any duty or right hereunder (except the right to receive moneys which are due hereunder) shall be voluntarily assigned by any party without the written consent of the other party, which consent shall not be unreasonably withheld. If any provision of this Agreement is invalid, void or unenforceable, the remainder of this Agreement shall remain in full force. This Agreement may be fully executed in two (2) or more separate counterparts by each of the parties hereto, all such counterparts together constituting but one and the same instrument. Such counterparts may be exchanged via facsimile (or other electronic) transmission and any facsimile or electronic signatures shall be binding. All communications, directions, approvals, instructions, requests and notices required or permitted by this Agreement shall be in writing and shall be deemed to have been duly given or made when delivered personally or transmitted electronically by e-mail or facsimile, receipt acknowledged, in each case in according to the contact information set forth below the parties respective signature blocks. In the event it becomes necessary to enforce the terms of this Agreement by litigation or otherwise, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and court costs, including any such fees or costs arising from subsequent appeals and efforts to execute on any judgment. 

17.   Disclosures

FIDELITY JETS ACTS AS AN AGENT OF ITS CLIENTS AND SERVES ON THEIR BEHALF TO ARRANGE CHARTER FLIGHTS. FIDELITY JETS DOES NOT OWN OR OPERATE AIRCRAFT AND IS NOT A DIRECT OR INDIRECT AIR CARRIER. ALL CHARTER FLIGHTS ASSOCIATED WITH FIDELITY JETS ARE OPERATED BY THIRD PARTY FAA CERTIFIED PART121, 125, 129, or 135 AIR CARRIERS. OPERATING THE FLIGHTS UNDER THIS AGREEMENT EXERCISES FULL OPERATIONAL CONTROL OF THE AIRCRAFT AT ALL TIMES. CARRIERS PROVIDING SERVICE UNDER THIS AGREEMENT MEET FAA REQUIREMENTS FOR COMMERCIAL TRANSPORTATION OF RETAIL CHARTER CLIENTS. 

18.   Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida without regard to its conflict of law principles. Each party hereby consents to the exclusive jurisdiction and venue of the state and federal courts serving within Palm Beach County, Florida.