“Shark Aviation” is Echelon Right LLC a limited liability company doing business as “Shark Aviation”.
“Conditions” means these terms and conditions for the provision of service.
“Contract” means the contract between Shark Aviation and the customer for the provision of services
“Customer” means the person, company, firm or other legal entity, including any employees, agents or subcontractors that place an order or purchase a service from Shark Aviation.
“Service” means any product, service or facility offered by Shark Aviation to the customer.
1.2 Where the conditions refer to “we, us or our” this means Shark Aviation (together with its employees, agents and contractors). Where the conditions refer to “you, your, or yourself this shall mean the customer (or for the organization you work for).
1.3 The headings in these conditions are for convenience only and shall not affect their applicability.
1.4 A reference to the law is a reference to as it is in force for the time being taking into account of any amendment, extensions, application.
1.5 Any reference to “writing” or “written” includes faxes and email.
2. Application of terms
2.1 These Conditions are the only conditions upon which Shark Aviation is prepared to deal with the customer. The Conditions shall be incorporated into the Contract to the entire exclusion of all other terms and conditions (including any terms and conditions which the customer purports to apply under any purchase order, confirmation order, specification or other document).
2.2 These Conditions will prevail over any inconsistent terms endorsed on, delivered with, contained in or referred to in any purchase order, confirmation of order, specification or any other document or communication received from the customer or implied by the law, trade, custom, practice or course of dealing.
2.3 The Customers purchase order, or the Customers acceptance of a quotation for Services by Shark Aviation, constitutes an offer by the customer to purchase the services specified on these Conditions. No offer placed by the Customer shall be accepted by Shark Aviation other than:
2.3.1 by a written acknowledgement issued and executed by Shark Aviation; or
2.3.2 (if either) by Shark Aviation starting to provide the services, when the contract for the supply and purchase of those services on these Conditions will be established. The Customer’s standard terms and conditions (if any) attached to, enclosed with or referred to in any purchase order or other document shall not govern the Contract.
3.1 The Customer may make a booking with Shark Aviation by telephone, email or via our website. Please note that places cannot be provisionally booked.
3.2 To help you find the right product please read the product description carefully. Once you have made your choice of service and dates, and have read the booking conditions please make your booking with the appropriate payment. Booking cannot be accepted without prior and appropriate payment. All product payments must be made prior to arrival.
3.3 Please note that individuals cannot be provided with credit terms.
3.4 Before providing credit terms for any organization we will have to agree. An official purchase order will be required to secure a booking and credit references may be taken up. When we agree to a purchase order it will need to be attached to your booking form.
4.1 Bookings cannot be confirmed or reserved by Shark Aviation until we have received the appropriate payment.
5. Amendments to bookings by the Customer
5.1 The Customer may change their booking up to 7 days prior to the trip. It shall be at Shark Aviation’s sole discretion as to whether such a change shall be accepted.
5.2 If a customer is unsure of the return date then a voucher will be offered to the same value as the booking. The voucher will be valid for 12 months from the date of issue.
6.1 Cancellations by the Customer
6.1.1 Prior to 14 days before the booking date a refund will be offered if the trip is cancelled. The refund will be subject to a fee of 10% of the deposit made.
6.1.2 Prior to 7 days before the booking date a refund will be offered if the trip is cancelled. The refund will be subject to a fee of 50% of the deposit made.
6.1.3 Prior to 2 days before the booking date a refund will be offered if the trip is cancelled. The refund will be subject to a fee of 75% of the deposit made.
6.1.4 Within 1 day of commencement of the trip, no refund of payment or deposit will be available. A voucher will be offered to the same value as the booking, which will be valid for 12 months from the date of issue.
6.1.5 You shall forfeit all fees in entirety if 24hrs or less notice of cancellation is given.
6.2 Cancellation by Shark Aviation
6.2.1 Shark Aviation will use reasonable efforts to ensure that your trip/charter takes place in accordance with your booking. However, Shark Aviation reserves the rights to cancel without prior notice and at any time where we believe on reasonable grounds that cancellation is necessary due to unsuitable conditions.
6.2.2 Where Shark Aviation cancels a trip/charter you will be offered the following options.
– an alternative tour/flight on the same date or a different set of dates, with any differences in value refunded.
– a voucher to the same value of the trip booked which will remain valid for 12 months.
7.1 In addition to the enjoyment of a Shark Aviation safety is of paramount importance on all of Shark Aviation tours and flights. In providing a safe system of work and to manage associated risks;
7.1.1 We only employ fully qualified pilots.
7.1.2 We provide a safety equipment for participants safety and comfort, specifically life jackets
7.1.3 We reserve the right to modify or cancel an activity if we feel there are unmanageable risks.
7.2 The Customer must comply with all safety guidelines and instructions given by Shark Aviation and its staff.
8.1.1 Customers participating in seaplane services must expect to be involved in adventurous activity. Customers must be in general good health and must satisfy themselves that the activity is within their abilities.
8.1.2 The Customer must make Shark Aviation aware as part of the booking process any injuries and or illness they have or that occurs after the booking and prior to the tour/flight commencement.
8.1.3 Shark Aviation reserves the right to refuse a booking on medical grounds if the medical condition is considered to be detrimental to the safety and smooth running of the tour/flight .
9.1 If the customer encounters a problem or issue relating to the services being provided by Shark Aviation. Shark Aviation will try and resolve such problem or issue as soon as possible. If the problem or issue fails to be resolved the customer must report it to the pilot or other Shark Aviation staff.
10. Unruly Behavior
10.1 The Customer and members of the customers party is required to have consideration for other people. If, in Shark Aviation and its staffs’ reasonable opinion, the customer or any member of the customers party behaves in such a way as to cause, or be likely to cause, danger upset or distress to any third parties or damage to property, Shark Aviation is entitled to terminate without prior notice the tour/flight for the persons concerned. Such persons will be required to leave the aircraft and no refunds will be made
10.2 The Customer shall be liable for any damage or loss suffered by Shark Aviation as a result of disruptive behavior.
11 Intellectual Property
The copyright and all other intellectual property rights in the products and services shown on the website and pamphlet and other materials remain at all times the property of Shark Aviation.
12. Limitations of Liability – THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF THIS CONDITION
12.1 This Condition 12 sets out the entire financial liability of Shark Aviation (including any liability for the acts or omissions of it’s employees, agents and subcontractors) to the Customer in respect of:
12.1.1 any breach of the Contract;
12.1.2 any use made by the Customer of the Services;
12.1.3 any representation, statement or tortuous act or omission (including negligence) arising under or in connection with this Contract.
12.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
12.3 Nothing in these Conditions limits or excludes the liability of the Shark Aviation:
12.3.1 for death or personal injury resulting from negligence by Shark Aviation; or
12.3.2 for any damage or liability incurred by the Customer as a result of fraud or fraudulent misrepresentation by Shark Aviation.
12.4 Personal property which belongs to the Customer is at all times the sole responsibility of the Customer. Shark Aviation shall no accept any liability for loss of or damage caused to the Customer’s personal property unless any loss or damage is due to the negligence of Shark Aviation or its representatives.
12.5 Subject to conditions 12.2, 12.3 and 12.4:
12.5.1 Shark Aviation shall not be liable, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation or otherwise for: loss of profits; loss of business; depletion of goodwill and/or similar losses; loss of anticipated savings; loss of goods; loss of contract; loss of use; loss of corruption of data or information; or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses; and
12.5.2 Shark Aviation’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Contract shall be limited to the price paid by the Customer for the Services.
12.6 For the avoidance of doubt, Shark Aviation shall have no liability for any loss or damage suffered by the Customer or any other person as a consequence of any negligence or wrongful act on the part of the Customer.
13. Photographs or Video Clips
Photographs or Video clips may be taken during your tour/flight may appear on our leaflet or on our website or on social media. If customers do not wish to be photographed or filmed this should be raised with the Shark Aviation and the pilot.
14. Circumstances Beyond our Control
Shark Aviation shall have no liability to the customer under the Contract if it is prevented from or delayed in performing its obligations under the contract or from carrying on its business directly or indirectly by any acts, events, omissions or accidents beyond its reasonable control including but not limited to act of God, war, invasion, rebellion, riot or civil commotion, disorder, malicious damage, fire, flood, epidemic, quarantine restrictions, strikes, lockouts or other industrial disputes (whether involving the workforce of Shark Aviation or any other party), failure of a utility service or transport network, compliance with any law or government order, rule, regulation or direction, accident, breakdown of plant or machinery, unusually severe weather or energy supply disruption or default of suppliers or subcontractors.
15. Rights of Third Parties.
A person who is not party to this agreement (except, where applicable, any successors and permitted assigns) shall not have any rights under or connection with this agreement.
Shark Aviation reserves the right to waive any or all the conditions.
17. Applicable Law
17.1 This agreement shall be governed by the laws of the Commonwealth of Kentucky without regard to conflicts of laws principles.
17.2 The parties shall attempt in good faith to resolve any controversy or claim arising out of or relating to this agreement, or the breach thereof, promptly by confidential mediation under the Rules of the Mediation Center of Kentucky then in effect, or by utilizing such other mediator or mediation service to which the parties may agree, before resorting to arbitration. Such mediation shall be completed no later than thirty (30) days from the date written notice of a controversy or claim is given by either party. In the event such mediation is unsuccessful or not completed within thirty (30) days, such controversy or claim shall be settled by arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules including the Optional Rules for Emergency Measures of Protection (as modified herein), and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The panel shall consist of a single arbitrator who shall be selected by the parties within ten (10) days of AAA’s receipt of the notice of arbitration, and failing that, the AAA shall within fifteen (15) days thereafter select a neutral arbitrator who shall be a licensed, practicing attorney in Lexington, Kentucky, with at least ten (10) years of experience practicing business or commercial law. The arbitration hearing shall be scheduled within thirty (30) days after the selection of the arbitrator, shall last no longer than eight (8) hours and shall take place in Lexington, Kentucky. The arbitrator shall apply Kentucky law and shall render a written, reasoned opinion in connection with the award within five (5) business days of the conclusion of the hearing. The arbitrator shall award reasonable attorney’s fees and costs of arbitration to the prevailing party.