MONARC TERMS OF SERVICE
Membership Terms and Conditions
Monarc Aviation uses the Monarc Credit system on our app for bookings of all flights. $1.00AUD is equivalent to 1 Monarc Credit.
Memberships are designed for the frequent flyer and come with many benefits and added value. The Crown and Royal memberships are individual memberships with pre-loaded Monarc Credits to be used on any existing Monarc flight. The Crown and Royal membership holders can create a charter at the charter price and any seats booked on that charter will be refunded to their Monarc account.
The Regal and Emperor memberships allow the holder to create charters at the seat price. The member can only have 3 created charters at any given time. When creating a charter at seat price, the member agrees to create the charter minimum 1 week in advance. Any charters within 1 week will be charged at full charter amount. The member will receive all Monarc Credits from every seat booked on that charter.
If flights exist to same destination departing from same location, all members agree to not create a charter within 4 hours of existing charter.
Monarc Credits roll over monthly, and all Members can top up their accounts by emailing email@example.com. The account will be topped up at membership amount chosen by member. Example: Sam has the Crown Membership and wants to top up his account. He emails firstname.lastname@example.org and requests a top up. Monarc will then charge Sam’s allocated credit card $4749 Crown membership price and credit his account 5050 Monarc Credits.
Complimentary pick-up and drop off service is based on a radius of 25km from departing airport. Complimentary parking at hanger is only available in Brisbane and Melbourne at present, you will be notified when complimentary parking is available in Sydney.
Any member who refer another member will receive 5% commission or equivalent in Monarc Credits added to their account.
Material Terms: As provided in greater detail in this End User License Agreement (and without limiting the express language of this End User License Agreement), you acknowledge the following:
(B) Accuracy of Information. You agree to provide true, accurate, current, and complete information about yourself as requested in any registration forms required by MONARC. You also agree to update the information about yourself promptly, and as necessary, to keep it current and accurate. If messages sent to an email address provided by you are returned as undeliverable, MONARC reserves the right to terminate your Account immediately with or without notice to you and without any liability to you or any third party. 5) Making a Reservation; Cancellations. a. Pre-existing Flights. The Service will display Seats available on a number of Pre-existing Flights (each, a “Pre-existing Flight”). B) Creating a Flight. If you do not see an available Seat at the time and destination you would like to fly, you may charter a Flight (such flight, a “Charter”, and you are the “Initial Seat”) and open such Charter up to other users of the Service. C) Reserving a Flight. To reserve a Flight, you will need to provide your credit card information and a mobile phone number. YOUR FLIGHT IS NOT CONFIRMED UNTIL YOU RECEIVE A CONFIRMATION E-MAIL FROM MONARC. D) Cancellations (1) Pre-existing Flights. You may cancel your Seat reservation(s) for a Pre-existing Flight by providing notice to MONARC more than twenty four (24) hours prior to the scheduled departure time of the Flight. You can cancel by calling MONARC at 1 300 798 860. In the event of a cancellation, credits and refunds will be provided pursuant to Section 6)C).1. 2. Charter Flights. 1) Non-Initial Seat. For Single/Multiple seats –You may cancel your seat reservation for an individual seat or multiple seats purchased on flights by providing notice to MONARC no less than 24 hours prior to the scheduled departure time of the flight. You can cancel by calling us at MONARC at 1 300 798 860. Please note—upon cancelling a seat or seats within the above stated parameters, MONARC will give users MONARC credit that will be applied to the users account and may be used for future travel. MONARC will not offer cash refunds. A cancellation made within 24 hours of flight time will result in a forfeiture of the full ticket price. Any credit not used at the end of the year – will expire at the beginning of JULY the next calendar fiscal year (End of financial year). 2) Initial Seat. When you launch a charter for crowdsourcing, you assume the full risk of the flight and have a responsibility to fly at the time you scheduled. If you need to cancel, you may do so only under the following conditions: 1) it is at least 24 hours prior to the scheduled flight time AND 2) no additional seats have been sold. In this case you may notify MONARC and cancel your flight for a full refund. If 1 or more people have booked seats on your flight, you may not cancel the flight and will be charged accordingly. e. Weather Guarantee. If your Flight is cancelled due to inclement weather, we guarantee we will get you to your destination through our partner car services, at no additional cost to you. You will receive a credit for the cost of your Flight in your Account. Any credit not used at the end of the financial year – will expire at the beginning of JULY the next financial year 6) Fees; Payments; Refunds and Credits. A) Fees. The fee for each Seat will be displayed on the Service. Fees are due and payable upon reserving a Seat. B) Payments. The Service currently uses third parties to process payments. Our third-party payment processors accept payments through various credit cards, as detailed on the applicable payment screen. All monetary transactions on the Service take place in AUD Dollars. C) Refunds and Credits. 1. Pre-existing Flights. If you have reserved a Seat on a Pre-existing Flight and you cancel your Flight more than twenty-four (24) hours in advance, in accordance with Section 5.d) MONARC will credit your Account with the amount charged for the cancelled Seat. Any credit not used at the end of the financial year – will expire at the beginning of JULY the next calendar financial year.
1) Charters: 1. Non-Initial Seat. If you have reserved a Seat on a Charter and you cancel your Flight more than twenty-four (24) hours in advance, in accordance with Section 5.d) MONARC will credit your Account with the amount charged for the cancelled Seat. Any credit not used at the end of the financial year – will expire at the beginning of JULY the next calendar financial year.
Except for the limited license expressly granted by and to you under this End Users License Agreement, no other rights, licenses, or immunities are granted or will be deemed to be granted under this End Users License Agreement, either expressly, or by implication, or otherwise. All rights not expressly granted by a party hereunder are expressly reserved. 12) Feedback. While our own staff is continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the user community. If you choose to contribute by sending Monarc or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to MONARC, you agree that: A) Monarc has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason; B) Feedback is provided on a non-confidential basis, and Monarc is not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and C) You irrevocably grant Monarc perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified. 13) Termination. The EULA is effective until terminated by you or Monarc. Your rights under this End Users License Agreement will terminate automatically without notice from Monarc if you fail to comply with any term(s) of this End Users License Agreement (including by violating any license restriction provided herein). You may terminate this End Users License Agreement by uninstalling the App. Upon any termination of this End Users License Agreement, you must immediately cease all use of the Service, and destroy all copies, full or partial, of the App. 14. Indemnity. You agree to indemnify and hold Monarc, and its members, employees, agents, successors, and assigns harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected to (a) your access, use, or misuse of the Service or Content, or (b) your violation of this End Users License Agreement. Monarc will use reasonable efforts to notify you of any such claim, action, or proceeding for which it seeks an indemnification from you upon becoming aware of it, but if Monarc is unable to communicate with you in a timely manner because of an inactive or erroneous e-mail address for you, your indemnification obligation will continue notwithstanding Monarc’s inability to contact you in a timely manner. 15) NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE, THE PACKAGE, AND SERVICE MATERIALS ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, THE PACKAGE, AND ALL SERVICE MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND MONARC HEREBY DISCLAIMS, ON BEHALF OF ITSELF AND ITS SUPPLIERS AND LICENSORS, ALL WARRANTIES AND CONDITIONS WITH RESPECT THERETO, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. MONARC DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE, THE PACKAGE, OR SERVICE MATERIALS, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE SERVICE, PACKAGE, OR SERVICE MATERIALS WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE, THE PACKAGE OR SERVICE MATERIALS WILL BE SECURE, UNINTERRUPTED, OR ERROR-FREE, OR THAT ANY DEFECTS IN ANY OF THE FOREGOING WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MONARC OR ITS AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE END USERS LICENSE AGREEMENT. SHOULD THE SERVICE, PACKAGE, OR SERVICE MATERIALS PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU, BUT IN SUCH A CASE THE FOREGOING WILL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW. 16) LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL MONARC OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, THE PACKAGE, OR SERVICE MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF MONARC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL MONARC’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE GREATER OF THE AMOUNTS PAID TO MONARC BY YOU IN THE PRECEDING 12 MONTHS OR ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATION OF CERTAIN TYPES OF DAMAGES OR LIABILITIES, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU, BUT IN SUCH A CASE THE FOREGOING WILL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW. MONARC DOES NOT PROVIDE TRANSPORTATION SERVICES AND IS NOT A TRANSPORTATION CARRIER. IT IS UP TO THE THIRD-PARTY TRANSPORTATION PROVIDER, DRIVER, OR VEHICLE OPERATOR TO OFFER TRANSPORTATION SERVICES WHICH MAY BE SCHEDULED THROUGH THE SERVICE. MONARC OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH THIRD-PARTY TRANSPORTATION SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY WAY AS A TRANSPORTATION CARRIER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY SUCH THIRD PARTIES. MONARC MAY INTRODUCE YOU TO THIRD-PARTY TRANSPORTATION PROVIDERS TO PROVIDE YOU TRANSPORTATION, BUT MONARC DOES NOT ASSESS THE SUITABILITY, LEGALITY, OR ABILITY OF ANY THIRD-PARTY TRANSPORTATION PROVIDER AND YOU EXPRESSLY WAIVE AND RELEASE MONARC FROM ANY AND ALL LIABILITY, CLAIMS, OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD-PARTY TRANSPORTATION PROVIDER. YOU ACKNOWLEDGE THAT MONARC DOES NOT MONITOR ANY THIRD-PARTY TRANSPORTATION PROVIDER’S ON-GOING COMPLIANCE WITH ANY AND ALL LICENSING AND/OR PERMITTING RULES AND REGULATIONS, AND MONARC WILL NOT BE RESPONSIBLE FOR ANY LIABILITY, CLAIMS, OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO A THIRD-PARTY TRANSPORTATION PROVIDER’S FAILURE TO MAINTAIN A CURRENT LICENSE AND/OR PERMIT. MONARC WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING MONARC’S SERVICES RESTS SOLELY WITH YOU. MONARC WILL NOT ASSESS THE SUITABILITY, LEGALITY, OR ABILITY OF ANY SUCH THIRD PARTIES AND YOU EXPRESSLY WAIVE AND RELEASE MONARC FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE
SERVICE, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE SERVICE. THE QUALITY OF THE TRANSPORTATION SERVICES SCHEDULED THROUGH THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE THIRD-PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH TRANSPORTATION SERVICES TO YOU. YOU UNDERSTAND THAT BY USING THE SERVICE, YOU MAY BE EXPOSED TO TRANSPORTATION THAT IS POTENTIALLY DANGEROUS, HARMFUL, OR OTHERWISE UNSAFE AND THAT YOU USE THE SERVICE AT YOUR OWN RISK. IN NO EVENT WILL MONARC, ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, DEATH, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THIS SERVICE, PERSONS YOU MEET THROUGH THE SERVICE OR FLIGHTS YOU BOOK THROUGH THE SERVICE. 17) THIRD PARTY DISPUTES. ANY DISPUTE YOU HAVE WITH ANY CARRIER, SERVICE PROVIDER, OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY AND YOU IRREVOCABLY RELEASE MONARC AND ITS MEMBERS, AFFILIATES, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. 18) Dispute Resolution. a. Mandatory Arbitration. Please read this carefully. It affects your rights. YOU AND MONARC AND EACH OF OUR RESPECTIVE SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, AND PERMITTED ASSIGNS AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THE END USERS SERVICE AGREEMENT OR YOUR USE OF THE SERVICE. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.QLS.com.au for more information about arbitration. i. Commencing Arbitration. A party who intends to seek arbitration must first send to the other, by certified mail, a written notice of intent to arbitrate (a “Notice”), or, in the absence of a mailing address provided by you to Monarc, to you via any other method available to Monarc, including via e-mail. The Notice to Monarc should be addressed to c/o Level 5/757 Ann Street, Brisbane, QLD 4006, Attn: Chief Operating Officer (the “Arbitration Notice Address”). The Notice must (A) describe the nature and basis of the claim or dispute; and (B) set forth the specific relief sought (the “Demand”). If you and Monarc do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Monarc may commence an arbitration proceeding as set forth below or file a claim in small claims court. THE ARBITRATION WILL BE ADMINISTERED BY THE QUEENSLAND LAW SOCIETY (“QLS”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (the “Rules”), AS MODIFIED BY THIS AGREEMENT. The Rules and ACICA forms are available online at www.QLS.com.au. If you are required to pay a filing fee to commence an arbitration against Monarc, then Monarc will promptly reimburse you for your confirmed payment of the filing fee upon Monarc’s receipt of Notice at the Arbitration Notice Address that you have commenced arbitration along with a receipt evidencing payment of the filing fee, unless your Demand is equal to or greater than $1,000 or was filed in bad faith, in which case you are solely responsible for the payment of the filing fee. ii. Arbitration Proceeding. The arbitration will be conducted in the English language. A single independent and impartial arbitrator will be appointed pursuant to the Rules, as modified herein. You and Monarc agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (A) the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (B) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (C) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. iii. No Class Actions. YOU AND MONARC AGREE THAT YOU AND MONARC MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION SECTION WILL BE NULL AND VOID. iv. Decision of the Arbitrator. Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement setting forth the reasons for the disposition of any claim. The arbitrator will apply the laws of the State of Queensland in conducting the arbitration. You acknowledge that these terms and your use of the Service evidences a transaction involving interstate commerce. The Australian commercial Arbitration Act (ACICA) will govern the interpretation, enforcement, and proceedings pursuant to the Mandatory Arbitration clause in this End User License Agreement. b. Equitable Relief. The foregoing provisions of this Dispute Resolution section do not apply to any claim in which Monarc seeks equitable relief of any kind. You acknowledge that, in the event of a breach of this End User License Agreement by Monarc or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against Monarc, and your only remedy will be for monetary damages, subject to the limitations of liability set forth in this End User License Agreement. c. Claims. You and Monarc agree that, notwithstanding any other rights the party may have under law or equity, any cause of action arising out of or related to this End User License Agreement A or the Service, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred. d. Improperly Filed Claims. All claims you bring against Monarc must be resolved in accordance with this Dispute Resolution section. All claims filed or brought contrary to this Dispute Resolution section will be considered improperly filed. Should you file a claim contrary to this Dispute Resolution section, Monarc may recover attorneys’ fees and costs up to $5,000, provided that Monarc has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim. e. Modifications. In the event that Monarc makes any future change to the Mandatory Arbitration provision (other than a change to Monarc’s Arbitration Notice Address), you may reject any such change by sending us written notice within 30 days of the change to Monarc’s Arbitration Notice Address, in which case your account with Monarc and your license to use the Service will terminate immediately, and this Dispute Resolution provision, as in effect immediately prior to the amendments you reject, will survive the termination of this End User License Agreement. f. Enforceability. If only Section 18.a.iii or the entirety of this Section 18 is found to be unenforceable, then the entirety of this Section 18 will be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 19 will govern any action arising out of or related to this End User License Agreement. 19. Governing Law. The laws of the State of Queensland, excluding its conflicts of law rules, govern this End User License Agreement and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action will be subject to the exclusive jurisdiction of the state and federal courts located in Brisbane, Queensland, and you hereby irrevocably submit to personal jurisdiction in such courts, and waive any defence of inconvenient forum.
MONARCjets Operator-Participant Agreement / End User license agreement/ Terms of Service PUBLIC CHARTER OPERATOR-PARTICIPANT AGREEMENT
This Agreement sets forth the terms and conditions under which we, MONARC PTY LTD, Level 5/757 Ann st, Brisbane, QLD, 4006 email@example.com the Charter Operator (Monarc Aviation or Operator), in return for payment of the amount indicated as the total charter price, agree to provide you (Participant) a charter flight. RESPONSIBILITY: Monarc Aviation, as the charter operator and principal, is responsible to you for arranging and providing all of the services and accommodations offered in connection with these charter flights, provided, however, that in the absence of negligence on our part, we are not responsible for personal injury or property damage caused by an air carrier, hotel, or other suppliers of any of the services being offered in connection with the charter. RESERVATIONS AND PAYMENT: Reservations may be made through the Monarc Aviation mobile application (the “App”) only after you agree to Monarc Aviation’s Terms of Service for the use of its App and this Operator-Participant Agreement and full payment is made by credit card. Reserving a Flight. To reserve a Flight, you will need to provide your credit card information and a mobile phone number. YOUR FLIGHT IS NOT CONFIRMED UNTIL YOU RECEIVE A CONFIRMATION E-MAIL FROM MONARC AVIATION. Payment: You authorize Monarc Aviation to assess payment in full via your credit card once your flight is confirmed and we send your confirmation email. CHARTER PRICE: The price for each seat is displayed on the App or our website by itinerary. The stated price includes all applicable taxes and fees. Except for “major changes,” or otherwise as described below, no refund or credit will be made for any transportation, accommodations, or services included in the charter price which you voluntarily do not use. AIRLINE AND AIRCRAFT: Public charter flights pursuant to this Operator-Participant Agreement will be operated by AVCAIR. Monarc Aviation, AVCAIR and the carrier used reserve the right to change the carrier or substitute aircraft if necessary, such as for operational or safety reasons. BAGGAGE: For Domestic flights, the carrier accepts one carry-on roller bag and one checked bag per person. ***PLEASE NOTE: If you have additional baggage needs, contact a Monarc team member. The carrier reserves the right to refuse carriage of a bag or bags that are deemed too heavy or too large. Monarc Aviation will not be liable for loss, damage, or delay in the delivery of the passenger’s luggage to his or her destination. CANCELLATION, REFUNDS, AND CREDITS: If you cancel your reservations your right to receive a credit or a refund is limited, as set forth below. Requests to cancel and for credit or a refund must be made by calling Monarc Aviation at 1 300 798 860
No refund is due for cancellations made by you after confirmation of your flight. However, if you cancel your reservation by providing notice to Monarc Aviation more than 7 days prior to the scheduled departure time of the Flight, Monarc Aviation will credit your account with the amount charged for the cancelled reservation. You may apply that credit toward a future flight during the charter program, provided space is available at the time you make a new reservation. No refund or credit is due for cancellations made 7 days or less before scheduled departure. You must use any credits by the end of this charter program, which is 01/07/2018, or you will forfeit them and no refund or credit card chargeback will be provided. Substitution: Participants may furnish Monarc Aviation with a Substitute Participant if done within the above cancellation time limits, i.e., more than 7 days before a flight is scheduled to operate. Monarc Aviation will accept such Substitute Participant upon payment by the Substitute Participant for the flight. In that event, Monarc Aviation will refund to the participant whose place is taken on the flight the amount he or she paid after subtracting a $50.00 Administrative Fee per change from the amount paid for each substituted passenger. Substitutions must be made prior to Participant cancelling and receiving a credit, which credit must be used by Participant. Major Changes: After you make payment, if we make major changes prior to departure you have the right to cancel and receive a full refund. The following are major changes: (1) a change in the departure or return date, unless the change results from a flight delay experienced by the air carrier. (If, however, the delay is longer than 48 hours, it will be considered a major change.) (2) a change in the origin or destination city, unless the change affects only the order in which cities named in a tour package are visited; (3) a substitute of any hotel not listed in this contract; and (4) a price increase of more than 10 percent occurring 10 or more days before departure. In no event can we increase your price less than 10 days before departure. If a major change must be made in the program, we will notify you within 7 days after first learning of the change, but in any event at least 10 days prior to the scheduled departure. If, less than 10 days before scheduled departure we become aware that a major change must be made, we will notify you as soon as possible. Within 7 days after receiving notification of a major change but in no event later than departure, you may cancel your reservation and you will receive a full refund within 14 days after cancelling. If a major change occurs after the departure of the flight, which you are unwilling to accept, we will refund, within 14 days after your scheduled return date, that portion of your payment that applies to the services not accepted. If we must cancel the charter, we will notify you in writing within 7 days of the cancellation, but in no event later than 10 days before the scheduled departure date. We have no right to cancel the charter less than 10 days before departure, except for circumstances that make it physically impossible to perform the charter trip. If that occurs, we will notify you as soon as possible, but not later than the scheduled departure date. If the charter is cancelled, and you do not elect any alternative transportation offered, we will make a full refund to you within 14 days after cancellation. The rights and remedies made available under this contract are in addition to any other rights or remedies available under applicable law. However, we offer refunds under this contract with the express understanding that the receipt of that refund by a passenger waives the additional remedies.
What Client’s Say
Amazing service and top class support, as I’m constantly flying to Sydney, MONARC helped me above and beyond, with extremely professional service and fast check-in times I am pleased to be flying with MONARC. Highly recommended!
I just bought the membership, I can’t wait to take my commuter flights. It is very convenient and the customer service is very reactive. I will say it in French “Bravo” for this work!