1. Members Benefits – Each member has selected a specific “PLAN” outlining the benefits of that plan in the Application. Each individual listed for membership under this Account is referred to as member. The main “Account Holder” is responsible for all members listed on the application and any guest sponsored by the member. Members are entitled to fly to any city that Gulfstar Airways services as many times as they want ; as long as membership dues are paid and current. Additional benefits associated with the Account are as specified in the membership options you have selected and as updated by Gulfstar Airways from time to time pursuant to this Membership Agreement. Each listed member is entitled to the flight benefits that pertain to the Account Holder’s membership type. Gulfstar Airways has the right to add, modify or eliminate any membership benefits, including scheduled flights, destinations, routes and other related benefits or services at any time with or without notice, in its reasonable business discretion. Gulfstar Airways is not liable for any Membership refunds or costs incurred by a Member resulting from any such modification or cancellation.
Members can charter aircraft from Gulfstar Air Charters at a considerable discount. Member receives discounts on Sedan/Limo services with ABC Chauffeured Limousines at most US Airports. Account Holder can request a guest pass at any time however, guest passes are not always available for every flight. Additional benefits: Free parking, Free booking and cancellation, private terminals, no baggage fees, on-site concierge, No TSA inspections, free beverages and snacks, all large first class seating.
2. Background Check – Account Holder, Family member, Additional members and Guests must pass a background check BEFORE being allowed to board any flight. This is regulated by F.A.A. and D.O.T. Normal time to complete a background check is three (3) business days. If you cannot pass the background check, you are ineligible for membership and/or transportation on Gulfstar aircraft. Guests TSA checks can sometimes be completed in 36 hours and must be accomplished each time the guest travels. Please plan accordingly.
3. Responsibility – It’s the responsibility of each Account Holder to ensure that his/her guests, family and additional member comply with Account Holder’s obligations under this agreement. Account Holder is responsible for any charges incurred by his/her guests, family or additional member, and for any damage to Gulfstar Aircraft, facility or other property.
4. Dress Code – To ensure a higher level of enjoyment and respect with your fellow travelers; maintaining a class above average, Gulfstar Airways has a dress code for travel on its aircraft. Please read number 22 Dress Code in “Contract of Carriage” on our website.
5. Guest Passes – With a paid & current membership benefit, and at its sole discretion, Gulfstar Airways may provide Account Holder with guest passes, allowing an individual other than an Account Holder, Spouse or Additional to travel on a limited basis. Any such guest passes are subject to the terms and conditions of this Agreement, Contract of Carriage, and all other limitations or regulations published by Gulfstar Airways. Gulfstar Airways is a private club and reserves the right to refuse service to any guest at any time, in its sole discretion. Guest Passes are good for sixty (60) days from date of issue and are not renewable. Guests passes can be used on any Gulfstar Airways scheduled flight, subject to seat availability. Cancellation of a guest pass MUST be done at least 36 thirty-six hours before scheduled departure time. If the guest does not cancel within a timely manner, the pass will be null and void and no refund will be issued.
6. Term – The initial term of the Account Holder is *360 days from the first day that the Account Holder is permitted to begin flying on Gulfstar Airways flights. This date is identified as BED and as specified in the Application (“Base Entry Date”). At the end of the Annual membership, the Account Holder may renew the membership on either a monthly or annual basis. The Account Holder must remain a paid member for a minimum of 120 days and may give 30 day notice to cancel on the 90th day. See cancellation policy in Paragraph 11.
*Note: The reason we have selected the initial term is to protect the member from rate increase.
7. Fees – Fees for the Initial Term, including the one-time Initiation Fee, first month dues specified in the Application, and Third Party Processing fee must be paid at least five (5) Business days prior to the BED Base Entry Date (Start date) of the Membership Agreement. The one-time Initiation fee is not refundable after background and TSA check is completed. If the candidate is not approved due to failing the background or TSA check all the Initiation Fee will be refunded. Gulfstar Airways may change the monthly Membership Fee rate at any time, and will notify Account Holder of such change at least thirty (30) days prior to the application of such change to the Account; however, no increase will apply during the Initial Term without the written approval of the Account Holder.
8. Billing – Gulfstar Airways will automatically charge Account Holders credit card account using the billing information provided by Account Holder for all amounts due, including the one-time Initiation fee, first months dues, Federal Transportation taxes, Passenger fees and Third Party processing Fees. Thereafter, the monthly dues, taxes and the Third Party Processing fee, altogether the “Fees”. The monthly member dues will be charged five (5) business days prior to each month anniversary of BED .
9. Late Payment – If payment is not received and cleared by GulfStar’s Bank prior to BED, travel by Account Holder and Additional will be immediately suspended. Membership will remain in suspension until member provides a valid payment including any and all late fees. If payment is not received by seven (7) days after BED, the Account Holders Account may be closed and may require action from Gulfstar’s legal department for collection, considering no thirty-day notice was given.
10. Dormancy – Dormancy will be permitted however, the Account holder is responsible for paying the first four month obligation. To elect a Dormancy period, the member MUST give a thirty (30) day written notice on how many months the Dormancy period will be. The maximum amount of months is three (3) months per year and the minimum is one (1) month. By electing a dormancy period, in lieu of paying the monthly membership dues, your card will be charged a Dormancy Fee of $300.00 per month to maintain the membership. During this period, all listed on that membership will be unable to book or fly on Gulfstar Airways. At the completion of the Dormancy period, the members account will be charged according to the plan previously selected.
11. Cancellation by Account Holder – Account Holder may cancel the Account by providing written notice to Gulfstar Airways not less than thirty (30) days prior to the desired cancellation date. However, the cancellation notice will not be accepted prior to 90 (Ninety) days from initial BED. It is suggested that a written acknowledgement for the Notice given is received by the Account Holder as proof that it was submitted. Account Holder will remain responsible for all amounts that come due prior to the effective date of the cancellation.
12. Cancellation or Suspension of Account or Membership by Gulfstar Airways – Gulfstar Airways reserves the right to cancel or suspend the Account or the membership of any member upon notice to Account Holder at Gulfstar Airways sole discretion and for any reason, including Gulfstar Airways belief that Account Holder or spouse or guest continued use of such membership would violate any provisions of the Agreement or applicable law. If Gulfstar Airways suspends the Account or the membership other than for Account Holder’s breach of the Agreement, Gulfstar Airways will refund a pro-rata portion of the dues paid for that Account or membership.
13. Cancellation Fee – At this time there is no cancellation Fee if Account Holder is a member in good standing and cancels after the first 90 days from BED.
14. Making/Changing/Canceling Reservations – Reservations are First-Come-First-Serve basis. Planing ahead will usually get you to your destination when you want to go. There is no charge for making a reservation. There is no charge for changing or cancelling a reservation as long as you give us at least 24 hours before departure. PLEASE read Q&A on our website for details.
15. Agency Agreement for charter Flights – Account Holder authorizes Gulfstar Airways, llc., as its agent, to arrange for the availability of flights to be operated by Gulfstar Air charters,Inc. an FAA certificated 14 CFR, Part 135 air carrier and DOT registered Part 298 air taxi operator. Gulfstar Air Charters has an FAR 135 Air Carrier Certificate and can operate anywhere the Operations Specifications authorize.
16. No Transfers – Account Holder acknowledges and agrees that it may not trade, sell or otherwise transfer its Account to any other party, except with the prior written consent of Gulfstar Airways, which consent may be withheld in Gulfstar Airways absolute discretion. Account Holder may upgrade or downgrade his/her membership, no more than once a year, with a thirty (30) day written notice as long as that member is current and active.
17. Choice of Law – This Agreement will be governed in all respects by the laws of the United States and the State of California without regard to their respective conflicts of laws rules.
18. Dispute Resolution – In the event of a dispute under this Membership Agreement and/or the Agreement, where such dispute has not been settled within ninety (90) days after notice from either party to the other of the existence of the dispute, the parties agree that, at the request of either party, such dispute will be submitted for binding arbitration with the following conditions: (1) the proceeding will be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules, provided, however, that the arbitrator will be required to issue a statement of the reasons upon which his or her decision is based; (2) the proceeding will be held in Los Angeles County, California; (3) the arbitrator will decide the assignment of the costs of the arbitration based on allocation of fault; (4) the proceeding will be closed except to the parties, their attorneys, representatives, witnesses and experts, all of whom must agree or have a duty to maintain the confidentiality of the dispute and its result, except as needed to implement the ruling; and (5) the decision of the arbitrator will be enforceable in any court of competent jurisdiction. For avoidance of doubt, the arbitrator will not be authorized to override any provision hereof, including, without limitation, any specified limitations of liability.
19. Accuracy of Information – Account Holder represents that all information provided in the Application is true, accurate, current and complete. Account Holder further agrees that it will notify Gulfstar Airways of any substantive changes to Account Holder’s contact, payment, or other applicable information by contacting Gulfstar Airways via the contact information provided herein, or through other means provided by Gulfstar Airways for such purposes.
20. Legal Authority – The person entering into this Agreement represents that such person is of legal age (21) twenty-one years of age to form a binding contract, is not a person barred from receiving services under the laws of the United States or other applicable jurisdiction, and will only use the membership for legitimate purposes. If the person entering this Agreement is doing so on behalf of a legal entity, such person represents that it has the legal authority to bind the legal entity to this Agreement.
21. Right to Change Contract – Gulfstar Airways reserves the right, to the extent not prohibited by federal law, to change, delete, or add to any of the terms of this Membership Agreement and the Agreement, including the documents referenced and incorporated, without prior notice.
Last Revision: January 1, 2019