This Membership Agreement (the "Agreement") is between Landmark Charter Group ("Landmark," "LCG," "we," "us" or "our") and the individual or company enrolling in a Landmark membership (the "Member," "you" or "your"). It covers Landmark memberships only. It does not cover individual charter flights, which are governed by the quote and agreement for each flight and the operator's own terms. Your use of the website is governed by our Terms of Use and Privacy Policy.
1. Our role
Landmark is a private aviation charter broker acting as agent for its clients. We do not own or operate aircraft and we do not provide air transportation. Every flight is operated by a separately owned, properly certificated air carrier that has operational control of the flight and is responsible for safety and flight decisions. Nothing in a membership makes LCG an air carrier or changes the operator's responsibilities.
2. Membership programs
Landmark offers or may offer the following programs. The specific program, pricing, routes, term and benefits that apply to you are stated in the membership order or enrollment confirmation we send you (the "Membership Order"), which is part of this Agreement.
- Fixed-Leg Membership: a set price per leg on routes you fly most, as listed in your Membership Order, with priority handling from our team.
- Credit Membership: funds you deposit in advance, which are applied to charter trips we arrange for you, and any bonus credit programs described in your Membership Order.
- Jet Card: a prepaid card program that is in development and not yet available. Jet Card terms will be provided separately if and when it launches.
Pay-as-you-go ad hoc charter does not require a membership and is not governed by this Agreement.
3. Term and cancellation
Your membership begins on the start date in your Membership Order and runs for the term stated there. Unless your Membership Order says it renews automatically, it ends at the end of the term. If it does renew automatically, we will remind you before renewal as required by law, and you may cancel before the renewal date by emailing info@landmarkcharter.com. Either party may end a membership by written notice. If we end your membership for any reason other than your material breach of this Agreement, we will refund the unused portion of any paid membership fee, prorated over the term. If you cancel, any refund of membership fees is as stated in your Membership Order. When a membership ends, its benefits end on the effective date.
4. Fees and payment
You agree to pay the fees, deposits and charges stated in your Membership Order and in the quote for each trip. Unless your Membership Order says otherwise, prices exclude federal excise tax and other applicable taxes, airport, handling, catering and ground transportation charges, which are identified in your trip quote. Membership fees are non-refundable except as stated in this Agreement or your Membership Order, or as required by law.
5. Credit balances
- Funds you deposit are applied to trips you accept, and your balance is reduced by the trip charges shown in the accepted quote.
- If you ask us to end a Credit Membership, we will refund the unused balance you paid, less any amounts you owe us and any charges already committed to an operator for a trip in progress or accepted, within a reasonable time after your written request.
- Promotional, bonus, referral or other credit issued without payment has no cash value, is not refundable, and is subject to any expiration or conditions in your Membership Order.
- Credit does not earn interest and is not a bank deposit or insured account.
6. Membership benefits
Subject to this Agreement, aircraft availability and any limits stated in your Membership Order, your benefits are those described in your Membership Order for your program, which may include fixed pricing on listed legs, credit applied to trips, and priority handling and dedicated support from our team. Benefits are provided at our reasonable discretion and may exclude certain dates, routes or aircraft, such as peak travel days, as stated in your Membership Order.
7. Flights are separate
This Agreement does not govern individual flights, including pricing outside of your program terms, aircraft type, routing, schedules, delays, cancellations, operational decisions or the operator's charter agreement. Those matters are covered by the agreement and terms provided at the time of each booking. A membership does not guarantee that a particular aircraft, operator, route or time will be available.
8. Member responsibilities
You agree to give us accurate and current information, to use your membership lawfully, and to follow the policies and terms that apply to each trip. Membership benefits may not be resold, transferred, sublicensed or misused. Memberships are personal to the Member and non-transferable unless we approve a transfer in writing. If you are a company, you are responsible for the travelers you designate.
9. Changes to programs and restructuring
We may update, improve, limit or discontinue aspects of a membership program. If we reasonably determine that continuing to perform on your existing terms is no longer commercially practicable because of material changes in market conditions, aircraft availability, operator pricing, operating costs, regulation or similar circumstances, we will notify you in writing and may offer reasonable alternatives, such as revised pricing or terms, conversion of your remaining paid balance to charter credit at then-current or agreed rates, or a refund of the unused paid balance. Changes apply going forward only and do not affect travel already completed. Any refund is limited to the unused amount you paid and excludes promotional or complimentary credit unless we agree otherwise in writing.
10. Disclaimer
MEMBERSHIPS DO NOT GUARANTEE FLIGHT AVAILABILITY, PRICING (EXCEPT AS STATED IN YOUR MEMBERSHIP ORDER FOR LISTED LEGS), RESPONSE TIMES, SPECIFIC SAVINGS, OR ACCESS TO PARTICULAR AIRCRAFT, OPERATORS OR ROUTES. TO THE FULLEST EXTENT PERMITTED BY LAW, SERVICES ARE PROVIDED "AS AVAILABLE" AND "AS IS" WITHOUT WARRANTIES OF ANY KIND.
11. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, LANDMARK WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR MEMBERSHIP. OUR TOTAL LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE MEMBERSHIP FEES YOU PAID DURING THE THEN-CURRENT TERM, AND WILL NOT REDUCE OUR OBLIGATION TO REFUND UNUSED PAID BALANCES UNDER THIS AGREEMENT.
12. Dispute resolution and governing law
Any dispute arising out of or relating to this Agreement will be resolved by binding individual arbitration administered by the American Arbitration Association in Texas, after you and LCG have first tried in good faith to resolve it informally for 60 days after written notice. Class actions, class arbitrations and jury trials are waived. Either party may bring an individual claim in small-claims court if it qualifies. This Agreement is governed by the laws of the State of Texas, without regard to conflict-of-law principles.
13. Entire agreement
This Agreement and your Membership Order are the entire agreement between you and Landmark about the membership and replace any earlier discussions or proposals about it. If they conflict, your Membership Order controls for the terms it states. If any provision is unenforceable, the rest remains in effect. A waiver of any provision is not a waiver of any other.
14. Contact
Questions about memberships: info@landmarkcharter.com. Start a membership inquiry.