Charter Terms & Conditions
Mirai Limited registration number
100074 (hereinafter referred to as
“Mirai Flights”), having its
registered office at: Avenue 77, Block E, Level 2, Commerce Street, Zone 3, Central Business District, Birkirkara,
Malta agrees to act
as an authorized agent on behalf
of its customers (each hereinafter
referred to as “Passenger”) to
arrange air charter transportation
services (“Flight Services”) and
any other associated or ancillary
services (“Other Services” and
together with Flight Services,
“Services”) in accordance with the
following terms and conditions
(“Charter Terms”). Mirai Flights
and Passenger are sometimes
referred to herein collectively as
the “Parties” and each as the
“Party”.
Please read this provision
carefully as it affects the
Parties’ legal rights.
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Services.
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Passenger appoints and authorizes Mirai Flights to act as agent for Passenger solely to arrange and pay for flight services operated
by one or more licensed air carriers and any other services associated with the flight services. Passenger hereby designates,
constitutes and appoints Mirai Flights as its true and lawful attorney-in-fact for the purposes of entering into charter contracts
for performance of the flight services and/or any other services as Passenger’s authorized agent.
Passenger understands and agrees that Mirai Flights is a foreign air charter broker and does not own or operate any aircraft.
Mirai Flights may provide the Services under various databases, including Mirai Flights database.
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All Services are arranged on-
demand according to the Passenger-
directed itineraries and flight
requirements. Services shall be
provided by Aim of Emperor Ltd
and/or any other aircraft air
carriers holding an air carrier
certificate authorizing them to
furnish air transportation
services pursuant to applicable
regulations, as in effect from
time to time (“Other Air
Carrier(s)” and collectively with
Aim of Emperor Ltd, “Air
Carrier(s)”), on an aircraft under
their operational control (the
“Other Air Carrier Aircraft” and
together with Aim of Emperor Ltd
aircraft, the “Aircraft”).
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Air Carrier shall have exclusive direction, control and authority over initiating, conducting, or terminating flights (“Operational
Control”). Air Carriers, and not Mirai Flights Ltd or the Aircraft owner, are responsible for ensuring the safety of a flight and
providing the Services, including the flight crew and the Aircraft operations. Mirai Flights is NOT a registered air carrier, nor does
it provide air carrier services. Mirai Flights offers the method by which to obtain the Services provided by the Air Carriers, but in no
way does it have any responsibility or liability for any Services provided by third parties. The Air Carrier performing the Services
shall be subject to, among other things, flight time and duty time restrictions, airport limitations that may preclude or limit
operations to certain airports and other applicable regulations and requirements.
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Passenger understands and
agrees that the Air Carrier shall
have absolute discretion in all
matters, including, without
limitation, the preparation of the
Aircraft for the Services and the
Services themselves, the load
carried and its distribution, the
decision as to whether or not
Services will be performed, what
route will be flown, and all other
matters relating to the operation
of the Aircraft. Passenger
specifically agrees that Air
Carrier shall have final and
complete authority to cancel any
Services for any reason or
condition that in its sole and
absolute judgment could compromise
the safety of any Services and may
take any other action that, in its
opinion, is necessitated in
consideration of safety. No such
action of Air Carrier shall create
or support any liability for loss,
injury, damage or delay to
Passenger.
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Air Carrier shall have the right to refuse boarding to Passenger and/or Guests, (a) who appear to be intoxicated or under the influence
of any illicit or controlled substance; (b) who refuse to be subject to any reasonable checks of his or her person or baggage by Air
Carrier, a security team contracted by Mirai Flights or its affiliates, or by government or airport authorities; (c) whose condition,
including apparent illness or incapacity, in the sole judgment of Air Carrier could involve hazard or risk to them or others; (d) who
exhibit violent, aggressive, or otherwise inappropriate behavior towards other passengers or flight crew; or (e) who fail to provide
legally valid government issued identification.
Guest(s) for the purposes of the Charter Terms shall mean any person(s) except Passenger who is provided with the Flight Services
pursuant to and as specified in the Booked Flight.
All the circumstances specified in this paragraph 1.5., shall be deemed Passenger’s and/or Guests’ no-show.
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The itinerary for Flight
Services (the “Flight Itinerary”)
provided by Mirai Flights in
response to a request by Passenger
for Flight Services might be
subject to the approval of the
owner of the Aircraft (the
“Aircraft Owner”). If applicable,
the Aircraft Owner must provide
final approval for use of the
Aircraft. In the event that the
Aircraft Owner does not approve
the Flight Itinerary,
Mirai Flights will attempt to
either adjust the terms of the
Flight Services so the Aircraft
Owner is able to approve the Flight
Itinerary or Mirai Flights will
attempt to find a substitute
aircraft (“Substitute Aircraft”)
for Passenger. A surcharge may be
applicable for the booking of a Substitute Aircraft for the Flight
Itinerary. Any such surcharge
shall be subject to Passenger’s
prior approval. If Substitute
Aircraft is not located within 12
hours of a Flight Itinerary being
declined by the Aircraft Owner or
if Passenger does not approve any
applicable surcharge, both Parties
will be released from their
obligations under these Charter
Terms, including specifically, any
liability under Section 5 below.
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Booking Confirmation. Flight Costs and Expenses
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By accepting these Charter Terms, Passenger reserves the Flight Itinerary, which is displayed via the application in the Mirai Flights
database, or through the Aim of Emperor Ltd software, or miraipay.co or mirai.flights websites, or on the invoice for the Flight Service
(“Flight Invoice”) and agrees to pay the full amount listed on the Flight Invoice (the “Flight Cost”) and any additional Flight Expenses
(defined below).
Additional booking terms may be set forth on the Flight Invoice.
Upon acceptance of the Charter Terms and payment of the Flight Invoice, the Flight Service listed on the Flight Invoice shall be
considered booked (“Booked Flight”) and any cancellation shall be subject to the cancellation policy set forth in Section 4 hereof.
In the event of a conflict between the cancellation policy set forth on the Flight Invoice and the cancellation policy set forth in
Section 4 hereof, the cancellation policy set forth on the Flight Invoice shall control.
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As used herein,
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“Flight Expenses” means, for
the applicable Services, (A) the
cost of the Applicable Taxes, (B)
the Incidental Expenses;
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“Applicable Taxes” means any
and all federal, state, and local
taxes, charges, imposts, duties,
excise taxes on passenger flights,
and a domestic segment tax, fuel
taxes, other taxes and fees,
including user fees, relating to
Passenger’s use of the Aircraft in
connection with the Services;
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“Incidental Expenses”
include, to the extent not
otherwise set forth in the Flight
Invoice, the following costs
incurred in connection with the
provision of the Booked Flight:
(A) costs of requested catering in
case it is not included in the
Flight Invoice (inclusive of all
fees for service, delivery and
catering and any associated
taxes),
(B) costs of repositioning in case
it is not included in the Flight
Invoice,
(C) cost of accommodating a request
to use a FBO other than the FBO
selected by Mirai Flights which is
agreed by Passenger and
Mirai Flights; such cost cannot be
less than €250,
(D) de-icing, ramp and hangar fees,
international fees, additional
landings,
(E) specially requested in-flight
entertainment,
(F) telecommunications charges,
including Wi-Fi,
(G) ground transportation,
(H) Third Party Service Charges,
(I) the cost of any additional
personnel required to fulfill a
Booked Flight as either requested
by Passenger or as necessary to
satisfy any duty limitations
impacting the Booked Flight, such
costs to be provided at the daily
rate for such personnel, and cost
of additional flight time due to
adverse weather conditions,
(J) any cancellation fees pursuant
to Section 4. hereof,
(K) any applicable pet or service
animal cleaning fees and/or fees
incurred due to excessive wear and
tear of the Aircraft caused by
Passenger and/or Guests,
(L) any other out of the ordinary
charges incurred at the specific request of Passenger and/or
Guests.
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“Third Party Service Charges”
means any charges incurred,
including without limitation the
Mirai Flights concierge fee for
services (i.e., water taxi,
helicopter transport, travel
concierge services, concierge
services), provided in support of
the Booked Flight according to
Passenger’s request.
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The Flight Costs set forth in the Flight Invoice are based on the estimated number of Flight Service Hours (defined below) for the
Booked Flight. As such Flight Costs and any estimate of Flight Expenses provided by Mirai Flights at the time of booking may differ from
the amount indicated on the Flight Invoice for such Booked Flight, Passenger shall be responsible for all actual Flight Expenses
incurred in connection with the provision of Services.
As used herein, (i) “Flight Service Hours” are determined based on the flight time (rounded up to the nearest one tenth of an hour)
during which Passenger and/or Guests actually occupies the Aircraft, and shall be calculated from the point of the Aircraft’s take
off to the point of its landing for each Flight Segment comprising a Flight Service, plus six minutes (one tenth of an hour) each of
taxi time prior to each departure and after each landing in an occupied leg, and
(ii) “Flight Segment” means any portion of a Flight Service measured from a point of the Aircraft’s take off to a point of its
landing.
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In the event Passenger
requests any significant changes
(for example, flight time change,
etc.) and the Air Carrier
accommodates such requests,
Passenger agrees to pay on demand
any additional costs associated
with such changes.
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The Flight Costs in the
Flight Invoice are based on fuel
costs as of the booking date.
Mirai Flights reserves the right
to charge a fuel surcharge amount
due to any increase(s) in cost of
fuel between the booking
confirmation and the departure
date. Passenger shall pay
Mirai Flights on demand any such
difference in the amount of the
total increase in fuel cost for the
applicable Flight Service.
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Passenger agrees to indemnify
and reimburse Mirai Flights for
any and all Incidental Expenses,
costs and expenses incurred as a
result of damage and/or excess
wear and tear to the Aircraft
interior and/or exterior
determined to be caused by
Passenger and/or Guests. If
Passenger incurs any Incidental
Expenses or additional charges or
such charges are reasonably
attributed by Mirai Flights or Air
Carrier personnel to Passenger
and/or Guests, Passenger agrees to
reimburse Mirai Flights in the
manner provided in Section 3
“Payment Terms” hereof.
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Payment Terms.
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Payments.
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By accepting these Charter Terms, Passenger unconditionally and irrevocably accepts the terms of the Agreement on the Storage of
the Cardholder’s Credentials incorporated by reference in its entirety herein and authorizes Mirai Flights to place a hold on
such Passenger‘s Credit/Debit Card (“Payment Card”) in the full amount of the Flight Invoice and any applicable Flight Expenses,
or to deduct the full amount of the Flight invoice and any Flight Expenses from Passenger’s Account Balance.
As used herein, "Account Balance" means the Passenger's personal or corporate account created and hosted internally by
Mirai Flights by Passenger’s registering according to paragraph 16.1 via entering a one-time verification code and
creating a personal account in the Mirai Flights database (or through the Aim of Emperor software, miraipay.co or
mirai.flights websites, or through an aviation specialist), used to pay for the Services and direct settlements with
Passenger, topped up with a Payment Card or non-cash. All sums received from Passenger shall be subsequently converted
into Mirai tokens at Mirai's internal exchange rate (1 euro=1 Mirai token) before topping up on Passenger’s Account
Balance.
The Payment Card or Account Balance will be charged prior to the Booked Flight unless Passenger submits the wire payment to
Mirai Flights pursuant to paragraph 3.1.2 below.
In the event Passenger’s payment method is declined for insufficient funds or otherwise, Passenger shall provide an
alternative payment method immediately.
Any Flight Expenses not known at the time the Payment Card or Account Balance is charged, will be charged when such
amount(s) is (are) known by Mirai Flights. If a Booked Flight is canceled and cancellation fees apply, Mirai Flights shall
have the right to immediately charge the Payment Card or Account Balance in the amount of the applicable cancellation fees
or withhold amount of cancellation fees from the wire payment. Passenger represents to Mirai Flights that it/he/she has full
authority to utilize the Payment Card to reserve the Booked Flight and pay for the Flight Costs, any other applicable Flight
Expenses and any applicable cancellation fees and shall indemnify Mirai Flights from any and all claims related to
unauthorized use of the Payment Card for the Booked Flight by Passenger.
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In case of Account closure at the Passenger’s request or in case of forced closure of
Mirai Flights passenger's account due to violation of any of the provisions of this T&C, in order to return the
Account Balance to the Passenger Mirai Flights shall perform mandatory identification of the Account holder and the
origin of the funds deposited in the Account Balance. Identification on Account closure is done with the help of
Onfido's outsourced contractor.
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Identity identification at Account closure is made on the basis of the following documents:
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passport or ID-card of Account holder;
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documents confirming the origin of funds on Account balance;
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statements on the account (bank account) confirming the payment of funds by the passenger to the Account
Balance.
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Wire Payments.
If Passenger elects to wire the
payment of the Flight Costs and
Flight Expenses for the Booked
Flight, the corresponding funds
should be received by
Mirai Flights within three (3)
days from the date the Booked
Flight has been reserved but in any
case prior to the Booked Flight
departure. In the event
Mirai Flights does not receive
funds within three (3) days from
the date the Booked Flight has been
reserved, Passenger authorizes
Mirai Flights to charge full
amount of the Flight Invoice and
all applicable fees to the
Passenger’s Payment Card, or
Account Balance, or pursuant to
alternative payment arrangements,
if the Payment card or Account
Balance is declined or Mirai Flights has otherwise agreed
with Passenger
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Passenger has the right to carry out transactions in a currency other than the currency of the account, in accordance with the
procedure and pursuant to the terms and conditions set forth in the bank account agreement/credit agreement.
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Mirai Flights shall have no
obligation to provide the Booked
Flight without payment as provided
in this Section 3.1.
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Passenger shall be entitled to effect the operations provided for herein in cryptocurrency through the Crypto Processing
payment system (Crypto Processing), with subsequent conversion to euros at the rate set by Crypto Processing at the time of
payment, and the sum that came out in euros shall be subsequently converted into Mirai tokens at Mirai's internal exchange
rate (1 euro=1 Mirai token) and topped up on Passenger’s Account Balance for further payments.
Passenger shall bear all costs for the payment of the commission for the specified transaction, as well as for the payment
of all and any other service fees and charges arising from or in connection with the transaction.
In the event of cancellation of the Booked Flight, the refund of payments made in accordance with the procedure provided for
in this paragraph shall be made by refunding the cost of Flight Services and/or Other Services (if applicable), less the
cancellation fee provided for in Section 4, to the Account Balance in Euros, followed by a refund to Passenger pursuant to
the procedure and under the terms provided for in paragraphs 3.1.6, 3.1.7. below.
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In the absence of cryptocurrency transactions through the Crypto Processing payment system (Crypto Processing), Mirai Flights
shall process the refund within 10 (Ten) working days from the date of the Booked Flight departure.
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In the existence of any payment transactions, including cryptocurrency transactions, payments via credit card, bank payment
via invoice, the refund to Passenger in the event of the Booked Flight cancellation mentioned in paragraph 3.1.5. above
shall be performed exclusively to the Account Balance in Euros and/or to the details of the bank account opened in
Passengers’s name in EUR. The refund shall be conditioned by the need for Passenger identification (if requested by Mirai
Flights) and provision of additional KYC (Know Your Customer) documents including without limitation:
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ultimate beneficiary’s passport,
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source of funds documented confirmation.
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Disputes.
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Passenger must notify
Mirai Flights in writing of a disputed charge within 15 days
after the date of any invoice,
receipt, bill or statement on
which such charge(s) first
appeared. After 15 days, the
charges will be considered valid,
final and undisputed. In the event
that any sums due from Passenger
to Mirai Flights remain unpaid for
more than 15 days beyond the date
such sums were due to be paid, any
outstanding sums shall be subject
to interest at the lesser of 1.5%
per month or the maximum amount of
interest permitted by law.
In the event that any form of
payment provided by Passenger to
Mirai Flights has been rejected
and Mirai Flights incurs any fees
as a result of such rejection
(e.g., insufficient funds),
Passenger shall be responsible to
reimburse Mirai Flights promptly
for all such fees incurred by
Mirai Flights. Passenger shall be
liable for any and all fees,
inclusive of reasonable attorneys’
fees, that Mirai Flights shall
incur to collect any outstanding
amounts due to Mirai Flights by
Passenger.
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Cancellation Policy.
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Whole Aircraft Charter
Cancellation Policy. For on-demand
Flight Services for the whole
capacity of the Aircraft (“Whole
Aircraft Charter Flight”) operated
by Aim of Emperor Ltd or other Air
Carrier the following cancellation provisions shall apply (if not
specified otherwise):
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20% fee of the Flight Invoice amount is applied when cancellation takes place 15 and more days prior to departure time;
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40% fee of is applied when cancellation takes place from 14 days to 7 days prior to scheduled departure time;
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60% fee of the Flight Invoice amount is applied when cancellation takes place from 6 days to 72 hours prior to scheduled
departure time;
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80% fee of the Flight Invoice amount is applied when cancellation takes place from 72 hours to 24 hours prior to scheduled
departure time;
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100% fee of the Flight
Invoice amount is applied when
cancellation takes place less than
24 hours prior to scheduled
departure time or due to no show.
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Mirai Flights reserves the
right to treat no-shows as last-
minute cancellations, whereby
Passenger shall be charged the
full cost of the Booked Flight as
indicated in the Flight Invoice.
For the purposes of Whole Aircraft
Charter Flight, a ‘no-show’ is
defined as Passenger in possession
of valid government-issued
identification who is not arriving
to the Aircraft at least 10 minutes
prior to boarding or the violation of any provision included in these
Charter Terms that result in the
denial of boarding. Mirai Flights,
at its sole discretion, may extend
the no-show time for an on-demand
Whole Aircraft Charter Flight in
coordination with Passenger if
operational restrictions allow.
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Passenger agrees that the circumstances specified in paragraph 1. 5 hereof shall be considered as cancellation of the Booked Flight due
to Passenger's no-show, and Passenger shall be charged the 100% fee of the Flight Invoice amount.
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Passenger agrees that
Mirai Flights shall have the right
to deduct any cancellation fees in
the case of Passenger as provided
in this Section 4.
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In case Flight Services are cancelled by Passenger, the refund of cost of Flight Services and Other Services applied deducted by
cancellation fees as provided in this Section 4 will be made to the payment source used to pay for the Flight Services and Other
Services (if applicable), except for payments in cryptocurrency, provided for in paragraph 3.1.5. hereof.
Except the refund specified in paragraph 3.1.7. hereof, Mirai Flights shall process the refund within 10 (Ten) working days from the
date the Flight Services were registered for refund. Mirai Flights shall not be liable for the time taken to clear funds through
banks. Payment methods used by Passenger, or person who paid for the Flight Services, could delay the process by up to 30 working
days.
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Recovery Service.
If the Booked Flight is cancelled, interrupted or delayed for any reason other than Passenger delays, Mirai Flights will use commercially
reasonable efforts to arrange alternative service for Passenger in similar cabin class on any Air Carrier Aircraft (such service, herein
referred to as “Recovery Service”) which may require the payment of additional fees which are subject to Passenger’s additional approval and
payment. Payment for the Recovery Service shall be made pursuant to paragraph 3.1. hereof. In case Mirai Flights fails to provide any Recovery
Service within 12 hours from the moment the Booked Flight has been cancelled, interrupted or delayed for any reason specified in this Section 5,
or if Passenger does not approve any additional fees, both Parties shall be released from their obligations and liability under these Charter
Terms.
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Force Majeure.
Neither Mirai Flights nor Air Carrier is liable for the delay or failure to provide the Aircraft or perform the Flight Service when such delay
or failure is caused by Force Majeure. “Force Majeure” means an act of God, strike or lockout or other labor dispute, act of a public enemy, war
(declared or undeclared), terrorism, blockade, revolution, civil commotion, fire, any weather- related event affecting safety of flight, flood,
earthquake, explosion, governmental restraint, embargo, mechanicals, inability to obtain or delay in obtaining equipment, parts, or transport,
inability to obtain or delay in obtaining governmental approvals, permits, licenses, or allocations, and any other cause outside of the complete
control of Mirai Flights or Air Carrier, as applicable, whether or not of the kind specifically listed above. In addition, Passenger understands
and agrees that when, in the sole discretion of an Air Carrier or the pilots of the Aircraft, safety may be compromised, Mirai Flights, the Air
Carrier or the Air Carrier crew may cancel the Flight Service, refuse to commence the Flight Service or take other necessary action without
breaching its duties or obligations to Passenger or without being liable for any loss, injury, damage, or delay. Notwithstanding the above, in
the event a Whole Aircraft Charter Flight is cancelled as a result of the events outlined above, Mirai Flights will provide Recovery Service
options in the manner outlined in Section 5 above. In case Recovery Service options are not applicable or Passenger does not agree on provided
options as it is mentioned in Section 5 hereof, Mirai Flights shall be entitled, at its own discretion, not to refund Passenger the amounts
paid.
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Transportation of Pets and
Service Animals.
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Passengers on Whole Aircraft
Charter Flights (if respective Air
Carrier accepts such pets on
board) shall be solely responsible
for the care, custody and control
of any pet accompanying Passenger
on any Flight Services
performance, shall adhere to the
Air Carrier Pet Regulations and
any instructions provided by the
Air Carrier crew regarding such
care, custody and control of such
pet and shall be responsible for
any damages, injuries or loss
caused by such pet during any such
Flight Services are performed.
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Cleaning Fees. Mirai Flights
reserves the right to charge and
Passenger shall undertake to pay
cleaning fees for transportation
of service animals if such fees are
imposed on Mirai Flights by the
Air Carrier.
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Insurance.
Mirai Flights does not own or
operate any Aircraft on which the
Flight Services are performed and
does not carry any aviation
insurance. Passenger understands
and agrees that it is the sole
responsibility of the Air Carrier
to maintain aviation liability
insurance coverage.
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Limitation of Liability
The following limitations of liability shall apply:
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Passenger understands and
agrees that Mirai Flights is not
liable for any injury, damage,
loss, expense, special or
consequential damages, or any
other irregularity caused by the
defect of any Aircraft or
conveyance, or the negligence of
any Air Carrier or other company
or person engaged, providing or
carrying out the arrangements for
Passenger’s Services or by
accident, delay, flight schedule,
change, cancellation, sickness,
weather, strikes, war, quarantine
or any similar cause. In any case,
Mirai Flights’ liability for
Passenger shall be limited to the
amount paid by Passenger to
Mirai Flights for the Booked
Flight.
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Passenger agrees to accept the proceeds of the insurance maintained by Air Carrier as their sole recourse against air carrier for any
loss or damage (including, without limitation, injury, death or property damage) to any Passenger; provided however, that the foregoing
limitation shall not apply in the event of Air Carrier’s proven gross negligence or willful misconduct.
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In all cases and under all circumstances, neither Air Carrier or Mirai Flights shall in any event be liable to Passenger for any
indirect, special, incidental, consequential, exemplary or punitive damages of any kind or nature including, without limitation, loss of
profits, data, use, value, revenue, business opportunities, loss of reputation, personal injury or property damage and the like, under
any circumstances or for any reason, including, without limitation, any delay or failure to furnish any aircraft caused or occasioned by
the performance or non- performance of any obligations of air carrier (regardless of the form of action, whether based in contract or
tort or any other legal or equitable theory), even if any such party knew or should have known of the possibilities of such damages.
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Mirai Flights shall not be liable for any damages, liability or losses arising out of: (i) Passenger’s use of or reliance on the
Services or Passenger’s inability to access or use the services; or (ii) any transaction or relationship between Passenger and any third
party provider, even if Passenger has been advised of the possiblity of such damages. The services may be used by Passеnger to request
and schedule goods or logistics services with third party providers, but Passenger agrees that Mirai Flights has no responsibility or
liability to Passenger related to any goods or logistics services provided to Passenger by third party providers other than as expressly
set forth in these charter terms.
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The limitations and
disclaimers in this s
Section 9 do not purpose to limit
any liability or alter any rights of Passenger, as a consumer, that
cannot be excluded under
applicable law.
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Indemnity.
Passenger agrees to indemnify and
hold MIRAI FLIGHTS and its
affiliates and their officers,
directors, managers, employees,
and agents (“
Indemnified Party
”),
harmless from and against any and
all claims, loss, damage, demands,
losses, liabilities, injury or
expense (including attorneys’
fees), that the Indemnified Party
incurs arising out of or in
connection with Passenger’s gross
negligence, willful misconduct,
violation of the rights of any
third party (including other
passengers) or third party goods
or services providers provided,
however, that Passenger shall not
be liable for the indemnification
of any losses, costs, damages,
injuries, or expenses arising out
of the Indemnified Party’s gross
negligence, willful misconduct, or
breach of these Charter Terms.
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Identification and
Documentation.
Passenger and/or Guests have to
comply with any requirements (e.g.
immigration, customs, agriculture,
etc.) at each destination.
Passenger and/or Guests have to be
in possession of a valid passport
plus, where necessary, a visa.
Mirai Flights takes absolutely no
responsibility in case of non-
compliance with any custom’s
requirements by Passenger and/or
Guests. Should there be any
surcharges, fees, fines or similar due to a non-compliance, Passenger
will be billed for such costs.
Mirai Flights takes absolutely no
responsibility with the regard to
visa requirements of Passenger
and/or Guests. Should there be any
levy due to the lack of required
entry documents of Passenger
and/or Guests or cargo, Passenger
will be billed for such costs.
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Governing Law.
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This Charter Terms shall be
construed under and be governed in
all respects by the laws of Malta
without reference to its
principles and rules of conflict
of laws.
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Any disputes arising between
the Parties out of or in connection
herewith or the interpretation,
breach or enforcement thereof
shall be exclusively submitted to
the courts in Malta.
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Language.
This Charter Terms are made in the
English and the Russian languages.
In case of any discrepancy or
disagreement concerning the
contents hereof, the text in
English shall prevail over the
Russian version.
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Privacy of Passenger Data.
Mirai Flights collects and
utilizes information specific to
Passenger and/or Guests
(“
Passenger Information
”)
according to the Privacy Policy
that is incorporated in full by
this reference. Mirai Flights may
use Passenger Information to check
the credit of Passenger in
connection with its invoice collection efforts or to check the
credit of Passenger and perform
criminal and other background
searches of Passenger and/or
Guests in connection with
evaluating whether to accept
Passenger’s business.
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Passenger Representations
and warranties.
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Passenger, which for purposes
of this Section includes
individual or entity with its
employees, agents, affiliates, and
Guests (together, for the purposes
of this Section, “Passenger”)
hereby represents, warrants, and
agrees (without prejudice to all
other Mirai Flights' rights
hereunder and the law) that:
(i) Passenger is not a sanctioned
entity or individual, designated
party, or otherwise the subject or
target of any economic, export, or
trade sanction law, or regulation
or travel ban, or is or could be
designated as a terrorist, a
foreign terrorist organization, an
organization that assists or
provides support to a foreign
terrorist organization, a
proliferator of weapons of mass
destruction, a narcotics
trafficker, or any other similar
designation that would prohibit
Mirai Flights or Air Carrier from
transacting with Passenger under
applicable law;
(ii) Passenger will promptly
notify Mirai Flights in writing
should it know, or have reason to
know, of any change or potential
change in status under this Section;
(iii) Passenger shall honor all
applicable laws;
(iv) funds paid to Mirai Flights
by Passenger are not derived from
illegal acts;
(v) Mirai Flights may be required
by law to block, freeze, and/or
remit funds, which it will do
without liability to Passenger;
(vi) Passenger will promptly
provide to Mirai Flights accurate
information and documentation
reasonably requested to assess
compliance with this Section, and
authorizes Mirai Flights to
perform screening and/or
background checks; and (vii)
without prejudice to all of
Mirai Flights’ other rights under
these Charter Terms and at law.
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Electronic Signature.
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At the moment of Passenger’s registration by entering a one-time verification code and creating a personal account in the Mirai Flights
database, or through the Aim of Emperor software, or miraipay.co or mirai.flights websites, or through an aviation specialist, Passenger
unconditionally and irrevocably accepts and agrees to these electronic Charter Terms.
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Passenger agrees that registration by entering a one-time verification code and creating a personal account pursuant to this Section 16
shall be the legal equivalent of its/his/her manual signature and that it/he/she will be legally bound by these Charter Terms. Passenger
agrees to pay Mirai Flights in full for any invoiced amounts upon providing its/his/her manual signature as stipulated in this Section
16. By payments pursuant to paragraphs 3.1.1, 3.1.2. hereof Passenger unconditionally and irrevocably accepts and agrees with the Flight
Invoice and any applicable Flight Expenses.
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The Charter Terms duration, its alteration and termination procedure
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Passenger shall accept the Charter Terms by performing the actions specified in Section 16 hereof. The date of performing such actions
by Passenger shall be deemed the effective date of the Charter Terms (the «Effective Date»). The Charter Terms shall commence from the
Effective Date and shall be valid for an indefinite period.
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Mirai Flights shall be entitled to make changes to these Charter Terms at any time. Changes to the Charter Terms shall be made by making
changes to the existing version of the Charter Terms or restating the Charter Terms, and shall become mandatory for Mirai Flights and
Passenger (shall come into force) from the date of placing the restated Charter Terms or changes to the Charter Terms by Mirai Flights
in the Mirai Flights mobile application or in the Aim of Emperor Ltd software, or posting on the websites miraipay.co or mirai.flights.
If Passenger does not accept the changes, its/he/she shall be entitled to terminate the Charter Terms as set forth below, that shall not
release Passenger from fulfilling its/his/her obligations that have arisen before termination hereof; in such case Passenger shall
undertake to stop using the Services.
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If Passenger has not terminated the Charter Terms (has not notified on termination pursuant to paragraph 17.5 hereof), it is
acknowledged that Passenger has read, understood and agrees to comply with the restated Charter Terms or changes to it and
unconditionally accepts the restated Charter Terms or changes to it from the date of coming such retstated Charter Terms or changes into
force pursuant to paragraph 17.2. hereof. Regularly through its/his/her own effort Passenger shall monitor the Mirai Flights mobile
application or websites miraipay.co or mirai.flights for changes to the Charter Terms. Passenger shall fully bear risks of non-
compliance with this requirement.
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Each of the Parties shall be entitled to terminate the Charter Terms by notifying the other Party no later than seven calendar days
prior the expected date of such termination. At the same time, each of the Parties shall undertake to complete all its obligations which
have arisen within the validity period hereof, no later than the date of termination of the Charter Terms.
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Passenger shall terminate the Charter Terms within the period provided for herein by notifying Mirai Flights through the Mirai Flights
mobile application or websites miraipay.co or mirai.flights.
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Mirai Flights shall be entitled to unilateral out of cour termination of the Charter Terms in case of violation by Passenger of any of
its/his/her obligations, statements and guarantees provided for by the Charter Terms.
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In terms of the Parties' unfulfilled obligations, the Charter Terms shall continue to apply until the complete fulfillment of such
obligations by the Parties.