Mirai Limited with registration number C 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, CBD 3010, Malta, charter@mirai.flights, WA +447723482438, 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.
Passenger understands and agrees that Mirai Flights is an air charter broker and does not own or operate any aircraft. Mirai Flights may provide the Services under various databases, including Mirai Flights database.
Guest(s) for the purposes of the Charter Terms shall mean any person(s) except Passengers who are provided with the Flight Services pursuant to and as specified in the Booked Flight (defined below).
All the circumstances specified in this paragraph 1.5., shall deem the Passenger’s and/or Guests’ to be no-show.
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 prevail.
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 occupy 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.
As used herein, "Account Balance" means the Passenger's personal or corporate account created and hosted internally by Mirai Flights by the Passenger registering according to paragraph 16.1 via entering a one-time verification code and creating a personal account on the Mirai Flights database (or through the Mirai Flights software, or mirai.flights website, 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 the Passenger shall be subsequently converted into Mirai Flights tokens at Mirai Flights’ internal exchange rate (1 euro=1 Mirai Flights token) before topping up on Passenger’s Account Balance.
The Payment Card or Account Balance will be charged prior to the Booked Flight unless the Passenger submits the wire payment to Mirai Flights pursuant to paragraph 3.1.2 below.
In the event that the Passenger’s payment method is declined for insufficient funds or otherwise, the 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. The 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.
“Account” for the purposes of the Charter Terms shall mean a Mirai Flights Passenger's and/or user’s account created by Passenger/user on Mirai Flights website or on the mobile application.
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 the 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.
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. Depending on payment methods used by Passenger or a person who paid for the Flight Services, the period of banking transactions can be up to 30 working days