Welcome to landmarkcharter.com (the "Site"), operated by Landmark Charter Group ("Landmark," "LCG," "we," "us" or "our"). These Terms of Use (the "Terms") govern your use of the Site, including requesting quotes, asking about memberships, and using member accounts. By accessing or using the Site you agree to these Terms. If you do not agree, do not use the Site.
These Terms cover the Site only. A charter flight is governed by the quote and agreement for that flight and the operator's own terms, and a membership is governed by the Membership Agreement. If one of those documents conflicts with these Terms about the flight or membership, that document controls.
1. Who we are: a broker, not an air carrier
Landmark Charter Group arranges private air charter as a broker and 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 and certificated air carrier (the "Operator") that holds the required Federal Aviation Administration and Department of Transportation authority. The Operator has operational control of the flight and is solely responsible for the aircraft, crew, maintenance, safety and flight decisions, including whether, when and how a flight operates. We select Operators with care, but we do not control their operations and are not responsible for them.
2. Quotes, requests and bookings
- Submitting a quote request, membership inquiry or any other form does not create a booking or a contract for air transportation.
- Quotes are based on information available when we prepare them. Pricing, aircraft and availability are not guaranteed until you accept a quote under its terms and, where applicable, payment is received and the Operator confirms.
- Prices are in U.S. dollars and may be subject to federal excise tax, airport, handling, catering, ground transportation and other charges described in your quote.
- Requested departure times are preferences. Actual times depend on Operator and airport availability and are confirmed in your itinerary.
3. Permitted use of the Site
We grant you a limited, non-exclusive, non-transferable, revocable license to use the Site for your own lawful, non-commercial purposes related to arranging travel with us. You agree not to resell or redistribute content from the Site, use it for any unlawful or unauthorized purpose, or link to it in a way that suggests we endorse you, without our written consent. Use of the Site must be legitimate: do not submit requests you do not intend to pursue in order to harvest pricing or availability information.
4. Your account
If you create an account, you agree to provide accurate information and keep it current, to keep your password confidential, and to be responsible for all activity under your account. Tell us promptly if you suspect unauthorized access. Accounts are personal and may not be transferred. We may refuse, suspend or close accounts at our discretion, including for violations of these Terms. For your security, signed-in sessions end when you close the browser tab or after a period of inactivity.
5. Electronic communications and signatures
You consent to receive notices, quotes, agreements and other communications from us electronically, by email and through the Site. You agree that electronic communications, and electronic acceptance or signature of a quote or agreement, satisfy any legal requirement that they be in writing or signed.
6. Privacy
Our Privacy Policy explains how we collect and use personal information and is part of these Terms.
7. Conduct
You agree not to, and not to help others to:
- interfere with or disrupt the Site, or try to gain unauthorized access to the Site, accounts, or connected systems or networks;
- scrape or systematically collect data from the Site, or build databases from it, without our written consent;
- submit false, misleading or fraudulent information, or impersonate any person or entity, including LCG or an Operator;
- upload or transmit malicious code, spam, or unsolicited advertising;
- submit content that is unlawful, defamatory, harassing, discriminatory, sexually explicit, or that infringes anyone's rights; or
- use the Site in a way that violates any law or these Terms.
8. Intellectual property
The Site and its content, including the Landmark Charter Group name, logo, text, graphics and design, are owned by LCG or its licensors and protected by intellectual property laws. Except as these Terms allow, you may not copy, modify, distribute, create derivative works from, reverse engineer or otherwise exploit them. Other trademarks and names on the Site belong to their owners. If you send us feedback or suggestions, you allow us to use them without obligation to you.
9. Third-party sites and services
The Site may link to or rely on third-party services (for example airports, Operators, payment processors and fonts). We do not control them and are not responsible for their content or practices, and a link does not mean we endorse the third party. You acknowledge that we may share your information with the third parties needed to provide a service you request, as described in the Privacy Policy.
10. Disclaimer of warranties
We work to keep the information on the Site accurate, but it is general in nature and may contain errors or become out of date. The Site and its content are provided "as is" and "as available."
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, OR THAT IT WILL MEET YOUR REQUIREMENTS. WE MAKE NO WARRANTY ABOUT THE AIRCRAFT, CREWS, SERVICES OR PERFORMANCE OF ANY OPERATOR OR OTHER THIRD PARTY. YOUR USE OF THE SITE IS AT YOUR OWN RISK.
11. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, LANDMARK CHARTER GROUP, ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA OR USE, ARISING OUT OF OR RELATED TO THE SITE OR THESE TERMS, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM RELATED TO THE SITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO THESE MAY NOT APPLY TO YOU TO THE EXTENT THE LAW PROHIBITS THEM. LIABILITY FOR A CHARTER FLIGHT IS GOVERNED BY THE AGREEMENT FOR THAT FLIGHT AND THE OPERATOR'S TERMS.
12. Indemnification
You agree to defend, indemnify and hold harmless LCG and its owners, officers, employees and agents from claims, losses, damages and expenses (including reasonable attorneys' fees) arising out of your use of the Site, your violation of these Terms or the law, or your violation of any third party's rights. We may take over the defense of any such claim at your expense, and you will not settle it without our written consent.
13. Termination
We may suspend or end your access to the Site or your account at any time, with or without notice, including if we believe you have violated these Terms or the use is unauthorized, fraudulent or harmful. You may stop using the Site and ask us to close your account at any time by emailing info@landmarkcharter.com. Termination does not affect obligations that arose before it, and provisions that by nature should survive (including Sections 8 and 10 through 15) will survive.
14. Dispute resolution
Informal resolution first. Before starting a formal proceeding, you and LCG agree to try to resolve the dispute informally. Send written notice describing the dispute to info@landmarkcharter.com, and allow 60 days for us to work it out.
Binding individual arbitration. If the dispute is not resolved within 60 days, either of us may require that it be resolved by binding arbitration administered by the American Arbitration Association under its rules in effect when the arbitration is started. The arbitration will take place in Texas (or by video conference if both parties agree), the arbitrator will issue a written decision with reasons, and judgment on the award may be entered in any court with jurisdiction. The arbitrator may not change these Terms or award relief that a court could not.
No class actions. Disputes will be arbitrated only on an individual basis. You and LCG each waive the right to bring or take part in a class, collective or representative action, and the right to a jury trial.
Exceptions. Either party may bring an individual claim in small-claims court if it qualifies, and either party may ask a court for emergency relief to protect intellectual property or confidential information.
15. Governing law
These Terms are governed by the laws of the State of Texas and applicable U.S. federal law, without regard to conflict-of-law rules. For any matter not subject to arbitration, you and LCG submit to the exclusive jurisdiction of the state and federal courts located in Texas.
16. Force majeure
We are not liable for any failure or delay caused by events beyond our reasonable control, including acts of God, weather, fire, flood, war, terrorism, strikes, government action or orders, airspace or airport closures, equipment or utility failures, the acts or omissions of third parties, and internet or network failures.
17. International users
The Site is operated from the United States. If you use it from elsewhere, you are responsible for complying with local laws. Our services are arranged under U.S. law and Operator requirements, and international travel may require additional documents and approvals.
18. General
These Terms, together with the Privacy Policy and any agreement you enter into with us, are the entire agreement between you and LCG about the Site. You may not assign these Terms; we may assign them in connection with a merger, financing or sale of our business. If a provision is found unenforceable, the rest remain in effect, and a provision that is unenforceable will be replaced by one that comes closest to its intent. Our failure to enforce a right is not a waiver. No joint venture, partnership, employment or agency relationship (other than our role as your charter broker when you engage us) is created by these Terms. Nothing in these Terms limits our right to comply with law enforcement or legal requirements.
19. Changes to these Terms
We may change these Terms from time to time. The current version will always be on the Site with its effective date. Changes apply from the date posted; if you keep using the Site, you accept them. If a change cannot lawfully apply to a dispute that has already arisen, it will apply only to events after the change.
20. Contact
Landmark Charter Group
Texas, USA
Email: info@landmarkcharter.com