COVER SHEET (HEREINAFTER, THE "COVER SHEET") OF THE CONTRACT FOR THE PROVISION OF LOGISTICS AND AIR TRANSPORTATION SERVICES FOR THE TRANSFER OF PERSONNEL, THE CLAUSES, AND ANNEXES OF WHICH ARE ATTACHED TO THIS COVER SHEET, ALL OF WHICH ARE CONSIDERED TO BE AN INTEGRAL PART OF THIS CONTRACT.
 

CONTRACT INFORMATION

Contract date: 
Seller: 
Total amount of the consideration:
Payment method:

 

CONTRACTED PACKAGE
Aircraft category: 
Base:
Total flight hours contracted:
Number of passengers:
Hourly rate:
Type of scheme: 
Persons authorized to request flights:

 

CLIENT’S PERSONAL DATA

Type of person:
Name or corporate name:
Federal Taxpayers’ Registry (RFC):
Legal representative:
Email:
Telephone: 
Tax address:
Street:
Municipality/Mayor's Office:
Street number:
City:
Apartment number:
State:
Neighborhood:
Postal Code:

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CREDIT CARD DETAILS

Name of cardholder:
Card number:
Expiration date:
Banking institution:

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CONTRACT FOR THE PROVISION OF LOGISTICS AND AIR TRANSFER SERVICES FOR THE TRANSPORTATION OF PERSONNEL (THE "CONTRACT"), ENTERED INTO ON ONE PART, BY "SERVICIOS AÉREOS ACROSS, S.A. DE C.V.", (HEREINAFTER, "ACROSS"), AND ON THE OTHER PART, BY THE PERSON WHO APPEARS ON THE COVER SHEET OF THIS CONTRACT, IN ITS CAPACITY AS A BENEFICIARY OF THE SERVICES (HEREINAFTER, THE "CLIENT"), IN ACCORDANCE WITH THE FOLLOWING RECITALS AND CLAUSES.

 

R E C I T A L S

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I. "ACROSS" declares, through its legal representative and under oath that:

1. It is a company of Mexican nationality, legally incorporated in accordance with the laws of the United Mexican States, which is duly registered in the Public Registry of Property and Commerce.

2. Its representative has broad and sufficient powers to conclude this Contract. Powers that have not been revoked, limited, or modified in any way as of the date of signing this Contract.

3. It has the equipment, infrastructure, permits, authorizations, technical and human capacity, and qualified personnel to provide the services subject to this Contract. 

4. It has a valid insurance to meet the obligations arising from the provision of the Services subject to this Contract, in compliance with the air transport permits granted by the Ministry of Communications and Transportation, and, where appropriate, by the corresponding foreign authorities.

5. It has valid registration certificates and airworthiness certificates, which were granted by the Federal Civil Aviation Agency of the United Mexican States.

6. It has trained and responsible personnel to address the complaints arising from the provision of the service, which may assist the CLIENT during working hours from 9:00 a.m. to 7:00 p.m. and at the telephone number: +52 (55) 56 62 31 00. In case of emergency, the following email will be answered: ventas@flyacross.com.mx

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II. The "CLIENT" declares, in his own right or through his legal representative, and under oath, that:

1. In case of being a natural person, he has full physical and legal capacity to be bound by the terms of this Contract and that he does not require any approval or consent that to date has not been obtained.

2. In case of being a legal entity, (i) it is duly incorporated in accordance with the laws of the United Mexican States, or the nationality that may apply and certifies that it has full capacity to be bound by the terms of this Contract; and (ii) that its representative has broad and sufficient powers to bind it to the terms of this Contract; powers that have not been revoked, or modified in any way as of the date of signing this Contract.

3. All the information provided to ACROSS is reliable, truthful, valid, official, and current, and it is detailed in the Cover Sheet of the Contract attached hereto.

4. He has sufficient legal capacity to be bound by the terms of this Contract.

5. He acknowledges the capacity of ACROSS to provide the services referred to in this Contract.

6. He agrees and accepts the Terms and Conditions for contracting the services offered by ACROSS, which are attached to this Contract ("Terms and Conditions").

7. It is his wish to conclude this Contract with ACROSS to provide him with the services referred to herein, under the terms and conditions stipulated in its clauses.

8. All his personal data shall be established and detailed in the Cover Sheet and in Annex "1" of this Contract.

 

C L A U S E S

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FIRST. - PURPOSE.

ACROSS shall provide the CLIENT, as well as the passengers designated by the CLIENT himself or by the CLIENT's authorized persons, the logistics and air transportation services for the transfer of personnel (the "Services"), within the Mexican Republic on domestic flights, or from/to abroad exclusively on international flights, with origin or destination at any place authorized by the corresponding authorities in the Mexican Republic, or in the exercise of the freedoms of the air authorized in the international treaties on the matter signed and ratified by the Mexican Republic and the country or countries of origin and destination, the CLIENT undertaking to comply with the provisions of this Contract, as well as the Terms and Conditions that are adhered to this Contract. To contract the Services, the CLIENT undertakes to pay the total price indicated in Annex "1" and in the Cover Sheet, that are an integral part of this Contract.

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SECOND. - TOTAL PRICE OF THE SERVICES.

The Parties agree that the total price set forth in the Cover Sheet of the Contract and in Annex "1" shall be invoiced and collected by ACROSS from the CLIENT and the latter shall pay it in full prior to the commencement of the provision of the Services, by electronic transfer, deposit to the account previously designated by ACROSS and/or by such payment method as the Parties may agree from time to time.
If the CLIENT does not make the payment of the total price of the Services before the commencement of their provision, it must be indicated in Annex "1" and on the Cover Sheet, provided that, it is approved by ACROSS, and the CLIENT undertaking to make the payment of such amounts by means of the payment method indicated in this Contract and in Annex "1".

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The total price of the Services, as well as any additional charges that the CLIENT may choose, shall be made before the provision of the Services and with the prior express consent of the CLIENT, using the method of payment indicated in this clause. 
The CLIENT undertakes to pay for the Services the price indicated on the Cover Sheet and in Annex "1" in accordance with the provisions of this Contract.

 

Any additional services to the Services provided by ACROSS, established in the Terms and Conditions and/or in Annex "1", that the CLIENT requires shall be at the expense of the latter, with his consent prior to the collection by ACROSS; including, but not limited to, any right, fee or tariff imposed by the corresponding authorities or third parties, special commissariats, charges for extensions of service hours at airports, anticipations or release of airport use, among others.

 

If the CLIENT makes any payment for the Services provided under this Contract, in the Terms and Conditions, and in the Cover Page and Annex "1" by credit or debit card, the additional commissions determined by ACROSS shall be applied, which may be moved from time to time, with the CLIENT’s prior consent.
In order to contract the Services, the CLIENT undertakes to provide a credit card, with sufficient balance, in order for ACROSS to be able to make any charge for the provision of the Services, as well as any additional charge requested by the CLIENT, other than those set forth in the Terms and Conditions attached to this Contract, or, where applicable, damage caused by the CLIENT or his passengers to the facilities of ACROSS or to the aircrafts operated by ACROSS, with prior consent to charge the CLIENT. If the CLIENT does not provide the corresponding credit card, he hereby authorizes ACROSS to charge the CLIENT's balance the corresponding amounts for additional charges or services. It is understood that, if the CLIENT no longer has a positive balance in his account, he accepts that there will be an account payable in favor of ACROSS to cover the outstanding debts.
If the CLIENT has not fully covered the total price of the Services requested, or any additional services and/or, if applicable, additional charges, he shall not be able to take the next flight until he has settled the amount due for the previous flight.
Likewise, the CLIENT undertakes to send ACROSS a copy of the passport valid at the time of contracting the Services, or in case he does not have one, a copy of a valid official identification, if it contains a photograph, signature, fingerprint, and full name. This same process shall be done by the CLIENT for each one of the passengers designated by the CLIENT by the CLIENT's authorized persons to designate passengers. This process shall be carried out repeatedly each time the CLIENT requests ACROSS to provide the Services.
ACROSS shall deliver to the CLIENT the invoice or receipt that covers the payment of the contracted Services, which will state in detail the name and price of each of the Services provided.
The amount corresponding to the Value Added Tax shall be added to all payments that the CLIENT makes pursuant to this Contract.
The Parties agree that, in the event that the acquisition cost of jet fuel for ACROSS increases or decreases in accordance with the average of the last 12 (twelve) months of each calendar year of this Contract based on the ARGUS Jet Fuel Index, and if this variation is higher or lower than the average obtained from the inflation indexes of the United Mexican States and the United States of America, then, ACROSS shall apply an additional adjustment or bonus to the CLIENT of the portion of the cost of the acquisition of the jet fuel, which may be applied at any time.
In addition, if any other supply necessary for the provision of the Services of this Contract suffers an inflation higher than the average obtained from the inflation indexes of the United Mexican States and the United States of America, ACROSS may make the respective adjustment or charge to the CLIENT at any time, if it justifies such adjustment prior to its application.
THIRD. - ACCEPTANCE OF THE SERVICES AND EXECUTION OF THE CONTRACT
The CLIENT grants his consent to this Contract, and to the Terms and Conditions that are part of this Contract, through the signing of Annex "1", by means of which the CLIENT states his knowledge and approval of the above documents with his name and signature.
The Contract shall take effect 5 (five) business days from the signing of the Contract. During this period, the CLIENT shall have the right to revoke his consent without any liability. The revocation shall be made by written notice to the address indicated by ACROSS in Clause Nineteenth. The revocation made in accordance with this article renders the transaction null and void, and ACROSS shall refund the CLIENT the price paid. The foregoing shall not apply if the date of provision of the Service is 10 (ten) business days or less from the date of the purchase order.
FOURTH. - CLIENT’S OBLIGATIONS.
Provide true, correct, and complete data at the time of contracting the Services, as well as verifying that his itinerary contains the correct flight times, date, route, and personal data.
Provide to ACROSS staff, each time he requests the Services, a valid official identification of all passengers. If the CLIENT is not the person who is going to travel, he shall be responsible for the passengers to provide the documentation detailed in this subsection. 
The CLIENT, his companions, or the persons who use the Services with the CLIENT's authorization, shall observe, respect, and allow the security measures indicated in the regulations of the airport in question to be applied, which can be looked up directly at the corresponding air terminal.
For international flights, the CLIENT, and, where applicable, his companions or the persons designated by the CLIENT, shall provide the corresponding immigration documents. If they disregard this obligation, flights may be delayed or cancelled without any liability to ACROSS. Likewise, ACROSS is not responsible for the loss or expense of the CLIENT and the other passengers or persons designated by the CLIENT, arising from this omission.
During the provision of the Services, the CLIENT, his companions, or the persons designated by the CLIENT, shall behave ethically, professionally upright, honestly, and responsibly, as well as respect the crew and other personnel of ACROSS.

The CLIENT, his companions, or the persons designated by the CLIENT shall comply with the travel requirements established by both, national and international government authorities, such as the provision of visa, passport, immigration forms, customs declaration, payment of entry and exit taxes, permits, and/or authorizations; therefore, they must provide the documentation that is required at the time of entry and exit from the country of destination.
Notify ACROSS in writing at least 24 (twenty-four) hours prior to the scheduled provision of the Services, of any situation related to current or potential illnesses, infections, or disabilities of the persons to whom the Services will be provided and that require specific treatment in the provision of the Services.

The CLIENT, his companions, or the persons designated by the CLIENT are prohibited from carrying with them, on board or through their luggage, including but not limited to: (i) substances considered illegal, explosive, corrosive, toxic, flammable, polluting; (ii) any type of drug, even when permitted by any applicable legislation; (iii) any type of weapon, object or item that may jeopardize the operational safety of the flight, as well as the physical integrity of the passengers and crew of the Aircraft, and (iv) other objects or substances considered prohibited or illegal by applicable legislation. It is established that ACROSS shall not have any liability if the CLIENT, his companions, or the persons designated by the CLIENT, through deception or bad faith, ignore or fail to comply with the provisions of this paragraph or the Terms and Conditions of this Contract, the CLIENT undertaking to hold harmless,  and to indemnify ACROSS under the terms of this Contract, as well as the crew, their beneficiaries, and the carriers in question, from any claims, penalties, fines, damages and losses that they may suffer due to the CLIENT's failure to comply with the obligation indicated in this section, as well as any other established in this Contract and in the Terms and Conditions. For the purposes of the compensation provided for in this clause, the CLIENT shall have a period of 15 (fifteen) calendar days to remedy the damage or harm caused by the breach of the content of this clause, which shall be counted from the day following the day on which ACROSS has notified him.

In the event that the CLIENT does not correct such observations, ACROSS shall deduct the corresponding amount from the current balance of hours that the CLIENT has for this purpose in his account statement; in the event that he does not have a current balance of hours on his account statement, ACROSS shall charge the CLIENT the corresponding total amount, which shall be paid by the CLIENT within a period of no more than 15 (fifteen) business days following the receipt of the collection request by ACROSS.

The CLIENT, his companions, or the persons designated by the CLIENT shall always ensure that the means of transport is taken care of during the provision of the Services. If the means of transport suffers any damage or wear and tear greater than normal use and deterioration due to the fault, bad behavior or negligence of the CLIENT, his companions, or the persons designated by the CLIENT, ACROSS may document the damage and proceed to repair it, either directly or with a third party. Once the repair has been carried out, ACROSS shall send the CLIENT the proof of said repair, as well as its cost and shall proceed to its collection. The CLIENT authorizes ACROSS to deduct from any balance in his favor, or by any means of payment at ACROSS's choice, the cost of such repair.

The CLIENT, his companions, or the persons designated by the CLIENT are strictly prohibited from smoking any type of substance, whether licit or illicit, within the facilities of ACROSS or in any of the aircrafts that it operates or markets. In case of non-compliance by the CLIENT, his companions, or the persons designated by the CLIENT, the latter shall be subject to a penalty of $5,000.00 USD (Five thousand dollars 00/100 United States of America Legal Tender) that he shall pay immediately to ACROSS, as well as the payment of the damages generated to ACROSS and the repair of the aircraft. In addition, ACROSS reserves the right to terminate this contract under the terms of the relevant termination clause.
Any others established by Law and other regulations.

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FIFTH. - ACROSS’S RESPONSIBILITY.

That the Services are provided with the appropriate quality and efficiency, carrying out all administrative activities aimed at ensuring that the CLIENT and the people to whom the Services are to be provided, enjoy an efficient and timely boarding and transfer service.
Maintain strict confidentiality regarding: (i) the identity and itinerary of the passengers who are transported under this Contract, except if the CLIENT expressly instructs ACROSS to inform the above; and (ii) any CLIENT information obtained by ACROSS arising from the negotiations, preparation and signing of this Contract. ACROSS shall not be bound by the provisions of this Clause in the following cases: (i) when the information is common knowledge; (ii) when the CLIENT authorizes the information to be disclosed to another person; (iii) when the information must be disclosed as established by any law or regulation, or because it is ordered by a competent authority in the corresponding request for information; and (iv) in the event that the information must be disclosed by court order.

To inform the passenger of the Terms and Conditions of the Contract and the contracted Services.
Respect and inform the restrictions applicable to the marketing of goods or services.

ACROSS may comply with the obligations it assumes under this Contract using the resources, personnel, facilities, and other of its affiliated companies, subsidiaries, controlling company or any third party without the need for prior authorization from the CLIENT.

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SIXTH. - LUGGAGE.

1. ACROSS, under no circumstances, shall be liable for the loss or damage of the valuable items that the CLIENT or his passengers carry inside their luggage, except that such valuable items are informed to ACROSS personnel prior to the provision of the Service and ACROSS can confirm and verify that the CLIENT does indeed transport such valuable items in his luggage.

2. For the purposes of the foregoing, items of value shall include, but are not limited to, the following: jewelry, personal documents, identification documents, precious metals or stones, works of art, securities, cash, computers, portable audio and/or video players or any other type of electronic device, as well as all those items like those indicated above.
    
   ACROSS shall not provide the Services if any illegal material or merchandise, as well as things or objects, are found in passengers' luggage that endanger the operational safety of the Services. However, if during the flight operation, any material, thing, or object of the passengers' luggage jeopardizes the operational safety of the Services or damages the aircraft, the CLIENT shall be fully responsible for the expenses, costs, damages, and losses that the above causes to ACROSS.
    
   The Passenger shall be entitled to carry for domestic flights and international flights, at no additional charge, the Luggage indicated by ACROSS in accordance with the weight allowed for each of the aircrafts pursuant to the applicable law.

3. For international air transport services, the luggage transportation shall be subject to the provisions of Mexican legislation in the relevant international treaties signed and ratified by the Mexican Republic, provided that the latter do not violate the Mexican legislation in force on the matter.
    
   It should be noted that the crew's luggage shall not be the responsibility of the CLIENT, and if any incident occurs regarding such luggage, ACROSS shall hold harmless the CLIENT for any claim in this regard.

4. s con la calidad y eficiencia adecuada, realizando todas las actividades administrativas tendientes a que el CLIENTE y a las personas a quienes hayan de prestárseles los Servicios, gocen de un servicio eficiente y oportuno de abordaje y traslado.

5. Mantener estricta confidencialidad respecto a: (i) la identidad e itinerario de los pasajeros que sean transportados al amparo del presente Contrato, salvo en el caso de que el CLIENTE expresamente le indique a ACROSS que informe lo anterior; y (ii) cualquier información del CLIENTE obtenida por ACROSS como resultado de las negociaciones, elaboración y firma del presente Contrato. ACROSS no estará obligada a lo establecido en la presente Cláusula en los casos siguientes: (i) cuando la información sea del dominio público; (ii) cuando el CLIENTE autorice que la información sea divulgada a otra persona; (iii) cuando la información deba ser divulgada por así establecerlo cualquier ley o reglamento, o porque así lo ordene alguna autoridad competente en el requerimiento de información correspondiente; y (iv) en caso de que la información deba ser divulgada por mandamiento judicial.

6. Dar a conocer al pasajero los Términos y Condiciones del Contrato y de los Servicios contratados. 

7. Respetar e informar las restricciones aplicables en la comercialización de bienes o servicios.

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SEVENTH. - LEGALITY OF THE RESOURCES

The CLIENT has obtained all his income, with which he will pay for the Services, from lawful business and with resources from legal sources, undertaking to indemnify and hold harmless ACROSS for any claim in this regard, even and at this time, the CLIENT releases ACROSS from any liability for any procedure or investigation related to the legality of the resources and activities carried out by the CLIENT,  or from any procedure pursuant to the "National Law of Extinction of Ownership", regulating Article 22 of the Political Constitution of the United Mexican States, or the similar Law of Extinction of Ownership in any applicable national or foreign legislation, as well as the Federal Law for the Prevention and Identification of Transactions with Resources of Illicit Origin; therefore, it is strictly forbidden for the CLIENT to carry out by himself, or through third parties, or by people who work for him, any type of act inside or outside the means of transport with which the Services are provided, which results in the commission of any crime (defined unlawful action) related or equated to organized crime,  of which the following are mentioned, among others, including but not limited to: drug trafficking, kidnapping, vehicle theft and human trafficking. Consequently, the CLIENT expressly agrees to release ACROSS from any liability in which it may be involved arising from the commission of any crime, also undertaking to hold harmless ACROSS and the respective means of transport, compensating any damage, loss, expense, and payment of fees that the foregoing may generate.

During the entire time in which the CLIENT is being provided with the Services, ACROSS shall report to the different competent authorities, whether federal, state, or foreign, provided that ACROSS is aware of any abnormality or illegality that may arise, occur and/or lead to the assumption that before or during the provision of the Services, the CLIENT is committing any crime or administrative offense; as a result of the above, from this moment ACROSS disclaims any type of liability, when making any type of report.

EIGHTH. PASSENGER IDENTIFICATION.
The CLIENT hereby accepts and acknowledges that, as part of the administrative activities of ACROSS for the proper provision of the Services, the CLIENT and the CLIENT's passengers shall show a valid official identification with a physical photograph, as well as provide identification data; such as name(s), surname and mother’s maiden name, which are requested by the crew at the time of boarding the aircraft in question.
In the event that the CLIENT and/or the CLIENT's passengers refuse to provide the requested identification data or they are not truthful, the CLIENT hereby, and on behalf of the passengers that the CLIENT authorizes to fly in his package hours, releases ACROSS from all liabilities arising in terms of insurance, and information privacy, among others; as well as of any nature, whether contractual, non-contractual, civil, criminal, commercial, labor or any other that may apply, as well as its affiliates, subsidiaries, partners, shareholders, officers, employees, agents, directors, commissioners, and/or representatives, reserving no action or right against them.

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NINTH. - DENIAL OF SERVICES. 

ACROSS may deny the Services to those passengers who fall within the following cases:
When an authority prohibits their transportation.

When the passenger, at any time, utters threats or insults to other passengers, ACROSS staff, the crew or any third party, or when he adopts a clearly outrageous or offensive attitude.

When the passenger shows visible signs of having ingested alcohol or drugs in excess.
When the total price and/or additional charges have been covered by fraudulent or illegal means to the detriment of ACROSS.
Due to the CLIENT's failure to comply with any of his obligations arising from this Contract.
When the passenger(s) refuse to provide identification data, ACROSS may, at its own consideration and discretion, deny the provision of the Services.

If any of the above circumstances occur, ACROSS shall be exempt from returning, refunding, or compensating the total price paid by the CLIENT, as well as from compensating him in any way. Likewise, ACROSS shall be exempt from any type of liability for damages resulting from the refusal of the service in terms of this clause.

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TENTH. - VALIDITY AND EARLY TERMINATION.
This Contract shall begin to be valid from the date of its signing, however, the Services shall have the term of validity that corresponds to the Service and/or product acquired by the CLIENT, specified in Annex "1", from the date of their payment by the CLIENT to ACROSS, therefore, after that period, the Service or Services acquired by the CLIENT may no longer be used by the CLIENT,  even if there is an outstanding balance to be used, since it will have expired. Therefore, to use Services, he shall acquire other Services and/or Products through the signing of a new Contract with ACROSS. Likewise, once the balance in the CLIENT's account has been exhausted, he shall contract the Services with ACROSS again.
 
Notwithstanding the foregoing, the Parties agree that ACROSS may terminate this Contract early without any liability, simply notifying the CLIENT in writing at least 30 (thirty) calendar days prior to the effective date of termination of the Contract; for which it shall return to the CLIENT the positive balance that has not been used, provided that it is valid in accordance with its own expiration, specified in Annex "1", and it is in his account statement within a maximum period of 6 (six) months from the effective date of termination.
 
ELEVENTH. - CONTRACTUAL PENALTIES
In the event of non-compliance by the CLIENT with any of his payment obligations established in this Contract, in its Terms and Conditions, and/or in Annex "1", within the first 10 (ten) calendar days after the date on which the relevant payment should have been made, at the time that ACROSS so decides, the Services shall be discontinued by ACROSS until the CLIENT remedies this omission; in addition, he shall be subject to a contractual penalty of 5% (five percent) of the entire payment obligation.

If the CLIENT does not make the corresponding payment within a period of 3 (three) months, ACROSS may, at its discretion, discontinue the Services definitively and terminate the Contract without any liability on its part, without returning the outstanding balance to the CLIENT, and being able to exercise the applicable legal measures.

In the event of non-compliance by ACROSS with any of its obligations established in this Contract, it shall be subject to a contractual penalty of 5% (five percent) of the entire payment obligation.

TWELFTH. - GROUNDS FOR TERMINATION.
Both Parties agree that, in addition to the cases provided for by applicable law, either Party may terminate this Contract without any liability, without the need of a court resolution in this regard, if the other Party incurs in any of the following cases:
ACROSS may terminate the Contract in the following cases:
That the CLIENT fails to comply with any payment obligation referred to in this Contract, its Terms and Conditions and/or its Annex "1".
That the CLIENT fails to comply with any of his obligations established in this Contract and in the Terms and Conditions
It is within any case of termination indicated by the different legal provisions.

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The CLIENT may terminate the Contract in the following cases:
That ACROSS fails to comply with any payment obligation referred to in this Contract, its Terms and Conditions and/or its Annex "1".
That ACROSS fails to comply with any of its obligations established in this Contract and in the Terms and Conditions.
It is within any case of termination indicated by the different legal provisions.

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THIRTEENTH. - EMPLOYMENT RELATIONSHIP.
The Parties agree that they do not acquire any obligation of an employment nature between them, or with the employees they hire for the provision of the Services subject to this Contract.

Therefore, the Parties shall not be considered, under any circumstances, as an employer, or a substitute, and they expressly undertake to exempt themselves from any liability of a labor, civil, fiscal, social security, or other nature that, if applicable, may be generated pursuant to the execution of this Contract.

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FOURTEENTH. - ASSIGNMENT.
Both Parties agree that ACROSS may assign totally and/or partially its rights or obligations under this Contract if the assignment is in favor of a subsidiary, affiliated, controlling company or a company belonging to the same group as ACROSS. 

FIFTEENTH. - ACT OF GOD OR FORCE MAJEURE. 
For all legal purposes, the breach of obligations due to an Act of God or force majeure releases the obligor from liability.

An Act of God or force majeure means any unforeseeable event or fact that prevents the affected party from performing its obligations, if such event is beyond reasonable control and is not the result of fault or negligence, and if such party has not been able to overcome the event through the exercise of due diligence. Subject to meeting the conditions set forth in the preceding sentence, the Act of God or force majeure shall include, but is not limited to: natural phenomena, such as storms, floods, dense fog, and earthquakes, as well as fires, wars, civil unrest, riots, insurrections, and sabotage, NOTAMS (Notices to aviators), as well as the refusal of the aeronautical authorities to carry out flights.

If due to an Act of God or force majeure, the aircraft must land at a place other than the destination, ACROSS shall transfer the Passenger by the available means of transport to the place of destination.

ACROSS may alter the itinerary requested by the CLIENT, if necessary, in accordance with the Terms and Conditions of this Contract. 

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SIXTEENTH. - MARKETING.  
The CLIENT may require ACROSS and its companies not to use information for marketing or advertising purposes, nor that the information relating to the former be transferred or transmitted to third parties, nor that advertising about goods or services be sent to him.  
 

SEVENTEENTH. - ENTIRE CONTRACT.
This Contract constitutes a single agreement between the Parties in connection to the obligations established herein, the Parties agreeing that it supersedes any other agreement, whether written or oral, previously concluded between the Parties in relation to the subject matter of this Contract, therefore, in the event of violation between it and the previous agreements, the last one shall prevail, since the subsequent will of both Parties is considered.

EIGHTEENTH. - VALIDITY OF THE CONTRACT’S CONTENT.
If any provision set forth in this Contract becomes invalid by a court order, the Parties shall be forced to conclude a new Contract and this document shall have no validity.

NINETEENTH. - NOTIFICATIONS.
All notifications that are wished, or must be given in accordance with, or in connection to this Contract, shall be made by email or at the address indicated by the CLIENT at the time of contracting, and for ACROSS at the following address and email:

Aeropuerto Internacional de Toluca,
Calle 6, lote 53, hangar 14
San Pedro Totoltepec, C.P. 50226
Toluca, Estado de México. 
Email: equipoventas@flyacross.com.mx

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TWENTIETH. - TAXES.
Both Parties hereby agree that each of them shall be responsible for their own tax obligations, in accordance with the current tax legislation of the United Mexican States, releasing and undertaking themselves to hold harmless the other party.

Taxes, duties, and other charges imposed by federal, state, or municipal governments, authorities, or airport operators; national or foreign, shall be borne by the contracting party of the Services, who shall pay them in full, together with the respective fare or total price, for which ACROSS shall give prior notice to the CLIENT if such additional payments must be required after the payment of the Services.

TWENTY-FIRST. - AMENDMENTS.
The Parties agree that none of the terms and conditions of this Contract may be amended in any way, unless such amendment has been authorized in writing by both Parties. 

TWENTY-SECOND. - GOVERNING LAW AND JURISDICTION.
The Federal Agency of Consumer Affairs is competent in the administrative channel to resolve any controversy that may arise regarding the interpretation or fulfillment of this Contract. Notwithstanding the foregoing, the Parties submit to the jurisdiction of the competent courts in Mexico City, expressly waiving any other jurisdiction that may correspond to them, due to their present or future domiciles or for any other reason.
Once this Contract has been read by the parties, they sign it in triplicate, fully aware of its scope and legal force, on _______________ in Mexico City, Mexico.

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Authorization for the use of information for marketing or advertising purposes:
The CLIENT, does ( ) does not ( ) accept for ACROSS to transfer or transmit to third parties, for marketing or advertising purposes, the information provided by him in connection with this Contract and does ( ) does not ( ) accept for ACROSS to send him advertising about goods and services.

THIS CONTRACT WAS APPROVED AND REGISTERED BY THE FEDERAL AGENCY OF CONSUMER AFFAIRS UNDER NUMBER 10021-2023 DATED NOVEMBER 30, 2023. ANY VARIATION OF THIS CONTRACT TO THE DETRIMENT OF THE CONSUMER, COMPARED TO THE REGISTERED ADHESION CONTRACT, SHALL BE HELD AS NOT CONSIDERED. 
 

THE CLIENT
 

Corporate Name/Name:
Legal Representative: 

 

ACROSS
 
Name: Jaime Carlos Durán Manuell
Title: Legal Representative

 

Terms and Conditions of the Services of the "Contract for the Provision of Logistics and Air Transportation Services for the Transfer of Personnel"
Privacy Notice.
SERVICIOS AÉREOS ACROSS, S.A. DE C.V., domiciled at Calle 6, Lote 53, Hangar 14, San Pedro Totoltepec, C.P. 50226, Toluca, Estado de México; is responsible for the processing of your personal data, the use given to it and its protection, pursuant to the Privacy Notice published in http://flyacross.com/aviso-de-privacidad/. 
Definitions. For the purposes of this Contract, the following terms shall have the meanings set forth below:

• ACROSS: Servicios Aéreos Across, S.A. de C.V. 

• AUTHORIZED AIRPORT: They shall be those approved by ACROSS when appropriate

• BASE AIRPORT: It shall be the fixed base of operations for each of the flights requested by the CLIENT.

• AIRCRAFT: Any vehicle capable of traveling independently in airspace with people.

• CABOTAGE: It means a flight that takes place outside the Mexican Republic, whose origin and destination is within the same country, and whose passengers are not the same as those with whom the Aircraft entered and/or will leave such country, provided that no additional passengers shall board, except when such passengers return to the Mexican Republic in the Aircraft.

• AIRCRAFT CATEGORY: Class or type of aircraft according to their level and size.

• CLIENT: The natural or legal person who decides to contract the Services that ACROSS will provide.

• BASIC COMMISSARIAT: Menu of food and beverage options that may be requested by the CLIENT to ACROSS.

• SPECIAL COMMISSARIAT: Menu of food and beverage options that shall be requested additionally and prior to each flight by the CLIENT to ACROSS, which are not included in the Basic Commissariat.

• CONTRACT: The Contract for the Provision of Logistics and Air Transportation Services for the Transfer of Personnel.

• DOLLARS ("USD"): It means the Legal Tender of the United States of America.

• ACCOUNT STATEMENT: Informative document detailing all the Services used by the CLIENT monthly.

• LUGGAGE: Items, pieces, packages that the passenger places at the disposal of ACROSS to be transported in the Aircraft area designated for that purpose, or articles that the Passenger carries with him in the Passenger cabin of the Aircraft.

• EXCHANGE FACTORS: Amount that is multiplied by the price for each flight hour to change Aircraft Category.

• FBO: Fixed Base Operator.

• PEAK DATES: These shall be certain holidays of the current year, as well as those in which ACROSS contemplates a greater flow than the usual operation; which are detailed in Annex "1".

• FERRIES: The flight time required to position an aircraft from one airport to another with no passengers on board.

• INFANT: A natural person under 2 (two) years of age, at the time of starting the trip.

• ITINERARY or FLIGHT: Flight schedule, date, route agreed upon by the CLIENT and ACROSS pursuant to a service request.

• PASSENGER: Natural person(s) who will travel with the CLIENT, or will have the latter's authorization to use the Services provided by ACROSS after the corresponding payment.

• PASSENGER WITH DISABILITY: A natural person who, by a congenital or acquired reason, has one or more physical, mental, intellectual, or sensory impairments, whether permanent or temporary, who requires services or assistance in addition to those normally offered by ACROSS.

• PERSON WITH REDUCED MOBILITY: Any person whose mobility is reduced by a physical disability (sensory or locomotive), intellectual disability, age, illness, or any other cause that is an impediment to the use of transport and whose situation requires special attention, adapting the services made available to all passengers to the needs of such person.

• OVERNIGHT STAYS: Extended stay ramp parking service. For the purposes of this Contract, overnight stays are equivalent to 1 (one) flight hour.

• AUTHORIZED PERSON: A natural person authorized by the CLIENT to request flights and additional charges. The names of the authorized persons shall be those indicated on the Cover Sheet.

• LEG: It is the flight time required to move an aircraft from one airport to another with passengers on board.

• SERVICES: Services of logistics and air transportation for the transfer of personnel that ACROSS shall provide to the CLIENT, within the Mexican Republic on domestic flights or from/to abroad exclusively on international flights to/from the Authorized Airport (with origin or destination in the Mexican Republic).

• HOURLY RATE: Price given to each flight hour contracted by the CLIENT.

• TERMS AND CONDITIONS: Set of provisions and guidelines for the provision of the Services.

• INTERNATIONAL FLIGHTS: Flights between a destination in the territory of the United Mexican States and another country, or vice versa.

• DOMESTIC FLIGHTS: Trips that take place within the United Mexican States.

• SIMULTANEOUS FLIGHTS: The provision of the Service of two or more flights requested by the CLIENT at the same time.

PACKAGE WITHOUT FERRIES AND WITHOUT OVERNIGHT STAYS: It is the one that the CLIENT purchases at his choice, through which the charge for Ferries and Overnight Stays is not made on each requested flight. Only flight time with passengers on board is considered for flights departing from or returning to the base airport. It does not apply to Grand Caravan aircrafts or helicopters.

TRADITIONAL PACKAGE: It is the one that the CLIENT purchases at his choice, through which the payment for the legs, Ferries and Overnight Stays necessary to carry out the flight requested by the CLIENT is made.ecificado en la Carátula y el Anexo “1”. 

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Terms for Contracting the Services.
ACROSS shall provide the Services according to the scheme of hours specified in the Cover Sheet and Annex "1".
The price of the flight hours package requested by the CLIENT is specified in the Cover Sheet and Annex "1" attached to the Contract and these Terms and Conditions.

ACROSS may make, as it deems appropriate, certain discounts, promotions, and bonus hours, which shall also be specified in the Cover Sheet and Annex "1".
Account Statements.

The amounts that the CLIENT is obliged to pay under this Contract shall be reflected in the relevant account statements, which ACROSS may send the CLIENT monthly during the term of the Contract, in case the CLIENT so requests. Likewise, ACROSS may send the CLIENT monthly, an account statement that shall reflect the number of flight hours used and flight hours pending use.  

It is important to point out that the CLIENT shall have a period of 15 (fifteen) calendar days after the delivery of the account statement to make any clarification with the ACROSS personnel regarding it; in the event that the CLIENT has used additional services, ACROSS shall send the account statement again with the extra amounts for review and he shall have a period of 15 (fifteen) calendar days from such delivery to submit claims. If the respective clarification is not made within the period indicated in this paragraph, the charge shall be deemed accepted by the CLIENT.  
Transportation of Passengers with Disabilities.

ACROSS has the infrastructure, personnel, and necessary equipment to guarantee the transportation of people with disabilities. 
Passengers with disabilities shall be entitled to transport wheelchairs, prostheses, crutches, canes, or any other instrument, provided that the person traveling uses the Services, uses them personally and it is directly associated with the disability he has. On international flights, these limits shall be those set in accordance with International Treaties.

Wheelchairs and other assistive devices used by a Passenger with a Disability shall not be considered as luggage, therefore, shall not be subject to excess luggage charges under any circumstances. In all cases, excess luggage shall be transported subject to the available capacity of the aircraft.
ACROSS shall establish mechanisms to guarantee the transport of people with disabilities, in accordance with operational safety measures. In turn, people with disabilities and/or reduced mobility, are entitled to travel with a guide dog or a service animal in the passenger cabin, at no extra charge, upon submitting the relevant certificate to prove it.

ACROSS may limit transportation to people who require special medical service or equipment, which may not be authorized or may not be accommodated on the Aircraft.

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In accordance with Mandatory Memorandum CO SA-09.2/13, people with disabilities and/or reduced mobility may travel without the need to submit medical evidence, except in the following cases: 

 

• When they are traveling on a stretcher or incubator,

• When they require medical oxygen during the trip,

• When they experience any of the medical conditions, considered as contraindications for flying, according to the World Health Organization (WHO).

• When they do not submit a medical certificate of fitness to fly, when experiencing any of the medical conditions considered contraindications for flying in the opinion of the attending physician, according to the World Health Organization (WHO).

• When the intellectual or psychosocial capacity of the person does not allow him to function and follow instructions without assistance.

 
All passengers with disabilities who fall into the above cases shall submit a medical certificate that specifically mentions that they can travel by air without requiring medical assistance during the flight and, otherwise, whether the passenger with a disability can travel alone or with an adult companion with sufficient skills and capabilities to assist the passenger with a disability. The medical certificate must be issued no more than 5 (five) days prior to the departure of the flight and for it to be valid, it shall include the following requirements:

 

• Full name of the attending physician

• Professional license of the attending physician

• Date, address, telephone number of the attending physician

• Two copies of the Medical Certificate shall be obtained, which shall be: (i) An original copy for origin traffic; (ii) An original copy that shall be kept by Across personnel and shall be delivered to the destination traffic personnel.

• Passengers with the following conditions shall not be able to fly even if they submit a medical certificate:

• Unstable angina

• Severe decompensated congestive heart failure

• Uncontrolled ventricular or supraventricular tachycardia

• Uncontrolled or severe Eisenmenger syndrome

• Severe valvular heart disease

• Pneumothorax, pneumomediastinum, subcutaneous emphysema

• Active acute otitis media

• Pneumocephalus (pneumocephalus)

• Cerebrospinal fluid leak

• Patients experiencing psychiatric conditions within airport facilities until they have the authorization and responsibility form from a registered psychiatrist.

• Patients who experience a shock (septic, hemorrhagic, anaphylactic, etc.).

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Passengers with Disabilities and/or reduced mobility or the person in charge of contracting the Services, shall be solely responsible for the information that, if applicable, they provide to ACROSS regarding their mobility or autonomy, if the person with a disability cannot travel alone, ACROSS shall require the Passenger with a Disability to be accompanied by a person who assists him. In turn, it is essential that all passengers with Disabilities and/or reduced mobility or the person in charge of their care, sign the Responsibility Letter that will be provided by ACROSS before each flight.

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Due to the above, both the passenger, his guardian or companion or the person who contracts the flight, release ACROSS from any liability for any omission, falsehood or negligence in the contracting, information, issuance or non-delivery of documents or guidelines necessary to carry out the flight by air in accordance with the terms of this document and applicable legislation. Likewise, they shall be solely responsible for declaring the conditions of the passenger with a Disability and/or mobility, since ACROSS does not have the knowledge and ability to assess the medical conditions of the passengers, they release ACROSS from any liability for the omission or lack of information and declaration of their conditions.
Delays.

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If there is a delay in connection to the departure time of the Itinerary and the cause is attributable to ACROSS, the CLIENT shall be compensated in accordance with ACROSS's compensation policies, which are detailed below:

a. When the delay is greater than one (1) hour and less than four (4), it shall be compensated according to the following:
If the provision of the Services is not carried out at the requested time due to ACROSS's responsibility, the CLIENT shall have a bonus in his hours inventory as follows: (i) 30-minute delay: $250 USD+VAT or its equivalent in flight time; (ii) 60-minute delay: $750 USD+VAT or its equivalent in flight time.

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b. If the delay is greater than four (4) hours, the Passenger shall be compensated in accordance with this clause, or may access the options for the event of flight cancellation and, where applicable, the corresponding compensation established by Law.
If the provision of the Services is not carried out at the time requested, due to the CLIENT’S responsibility, ACROSS may:
Cancel the provision of the Services by giving the CLIENT the option of providing the Services at a different time, indicated by ACROSS;
Return the means of transport to the base of operation without the CLIENT on board or with an additional 25% of the route to be operated with the CLIENT on board. If the CLIENT requests the provision of the Services arising from the above assumption, ACROSS shall charge such request as a new provision of Services; or
Discount the equivalence in the current inventory of hours as follows: (i) Delay greater than 30-minutes: $250 USD+VAT; (ii) Delay greater than 60-minutes: $750 USD+VAT

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The listed delays are considered in their fraction equivalence.

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Flight Cancellations for Causes Attributable to ACROSS.

In the event of a flight cancellation for causes attributable to ACROSS, which result in the denial of boarding to Passengers, ACROSS, at the CLIENT's option, shall provide one of the following compensations:

a. Refund the CLIENT the price paid for the booking of the flight or Itinerary, or the proportion that corresponds to the unfulfilled part of the trip;
b. Offer the CLIENT, with all the means at its disposal, substitute transportation on the first available flight, and provide him, at least and free of charge, telephone or cable communication services to the point of destination; food in accordance with the waiting time until boarding another flight; accommodation in an airport or city hotel when overnight stay is required and, in the latter case, ground transportation from, and to the airport, or;
c. Transport the Passenger on a later date that is convenient to him to the destination for which the flight has been cancelled, provided that ACROSS has availability.

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In the cases of sections a. and b. above, ACROSS shall also pay a compensation to the affected Passenger which shall not be less than 25% (twenty-five percent) of the price paid for the booked flight or the unfulfilled part of the Itinerary.

Bonuses.
The Passenger may request the bonus of the hours paid for the flight requested from ACROSS if he decides not to take the flight, provided that, he notifies ACROSS in writing twenty-four (24) hours in advance from the time of the flight request.

Specific Features of the Services.
The Passenger is entitled to be treated with dignity and to have a high level of information that allows him to know his options and take alternatives, if required. Therefore, ACROSS is obliged to inform the Passenger quickly and expeditiously in the event of changes in his Itinerary or any other circumstance that could affect the contracted Services. It shall do so through telephone calls, emails, text messages or any other electronic means, at least 24 (twenty-four) hours in advance of the scheduled departure. Likewise, if the changes occur within 24 (twenty-four) hours prior to the scheduled departure, ACROSS shall inform the Passenger as soon as it is certain that such changes are unavoidable, without this exempting ACROSS from its liability to the Passenger.

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2. If the Passenger has contracted the Service in the "round trip" mode, he shall be able to use the Service for each individual portion, that is, ACROSS shall not deny boarding a flight for not having used any of the portions or the hours purchased for the total route.

    3. The Services shall have the features listed in the Cover Sheet and Annex "1".

Aircraft Category and Exchange Factors.
The Services may be provided with different Categories, which are detailed in the Cover Sheet and Annex "1", attached to the Contract.

When the CLIENT makes a request for Service, any aircraft of the requested Category shall be assigned depending on ACROSS's operation and availability. In case of requiring any specific aircraft, the exchange factors mentioned in Annex "1" shall be applied, which are subject to availability.   

In the event that ACROSS is unable to provide the Services with the means of transport designated in the Cover Sheet and Annex "1", as well as with another one owned or in its possession, ACROSS undertakes to offer the CLIENT that the Services be provided by a third-party at ACROSS's choice, such means of transport that will be provided by a third party shall be in regulatory compliance conditions to provide the Transport Services, where ACROSS shall act exclusively as an intermediary, limiting its liability to the CLIENT to that established by applicable legislation. 

Pursuant to the previous paragraph, the Parties agree that if the CLIENT accepts and decides to board the flight proposed by ACROSS, it is understood that ACROSS shall have fulfilled its obligations to offer any alternative means of transport to the CLIENT, in terms of the applicable legislation.

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In case that ACROSS does not have its own fleet or a third-party fleet available, ACROSS shall not charge the CLIENT for the Services.
Additional Services.  

If the CLIENT decides to purchase additional services to those included in the contracted package, the following additional charges shall apply, regardless of whether the package has a Traditional or No Ferries and No Overnight Stays scheme:

Special commissariat (special commissariat means food, beverage, or any other consumer goods or services that are not included in ACROSS's menus or policies) and customs duties, among others.

Third-party heliports.
Fee for extensions, advances, or release of airport use.
Additional luggage to that permitted.
Any other additional services required by the CLIENT, such as ground transportation, concierge, among others, which are not part of the Services to be provided by ACROSS.

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Once these additional services have been requested by the CLIENT, their respective charge shall be made to the credit card that the CLIENT has provided to ACROSS, through electronic transfer, by mutual agreement between the Parties or through the deduction of the amount owed by the CLIENT in his inventory of hours.

In case that the CLIENT wishes the Aircraft to arrive at the facilities of an FBO other than the one that ACROSS has selected for a specific destination, the Aircraft may arrive at the FBO requested by the CLIENT, provided that the CLIENT pays ACROSS the difference between the cost of the FBO that ACROSS would have used and the cost of the FBO selected by the CLIENT,  and provided that ACROSS authorizes it at its discretion. The above, only if the cost of the FBO selected by the CLIENT is greater than the cost of the FBO that ACROSS would have selected.

Service Request.  
Any flight request made by the CLIENT and/or the Authorized Persons shall be sent in writing to ACROSS. 
In the event of any change or request for a flight reservation, the CLIENT shall contact his relevant sales executive directly.
The CLIENT may request the flights at any time, according to the advance notice detailed in Annex "1"; otherwise, the flight shall be subject to availability by ACROSS.

The request for more than one flight simultaneously (same time schedule) shall depend on the operation and availability of ACROSS.
The CLIENT agrees that the Aircraft may not be operated or located in any area excluded from coverage by the Aircraft's insurance policy and/or not authorized by the Ministry of Communications and Transportation.

The CLIENT shall appoint the persons authorized to request the Services, flights, and additional charges, on behalf of the CLIENT. The CLIENT shall notify ACROSS in a timely manner and in writing of any change of these Authorized Persons, for which, a simple written notice will suffice, without the need for any modifying agreement. 
The destination requested by the CLIENT may not be changed during the flight. The flight plan of the Aircraft shall be respected by the Pilot in Command for regulatory and safety reasons.
Passengers of the Aircraft shall not be allowed to participate in the command operations of the Aircraft, for safety and regulatory reasons.

Denial of Service.
ACROSS shall deny Services to any person who is intoxicated or under the influence of any substance that alters their normal behavior, as well as those persons who, in the opinion of ACROSS's crew, endanger the safety of passengers, crew, aircraft or jeopardize the operation of the flight, obstruct the performance of the crew in the fulfillment of their duties, or do not comply with the instructions of such crew.

In any of the above cases, ACROSS may take the measures it deems necessary to prevent the continuation of such behavior, including the decision to disembark the disruptive passenger at a different and closer point than the place of destination, as well as to bring him to the competent authorities and to institute the appropriate procedures against him.

In addition, if the CLIENT makes a flight request that fits into the Cabotage scenario, ACROSS shall not be obliged to provide the Services under such conditions. Likewise, if the CLIENT makes a flight request that does not fit the Times and Conditions indicated in this Contract, ACROSS shall make its best effort to provide the Services without incurring liability in the event of unavailability of Aircrafts. 

Since the Aircrafts do not operate as air ambulances due to not having the relevant permit and equipment, they may not transport sick or injured people. If the CLIENT ignores this section and/or does not notify ACROSS of this circumstance, he releases the latter from any type of liability. 
Passenger identification.

Each passenger using the Services shall provide the identification data required by the crew or ACROSS personnel, such as name(s), surnames, official identifications and/or immigration documentation requested by the relevant authorities. Otherwise, ACROSS shall deny the requested Services.

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If the CLIENT or those to whom the Services are to be provided travel with an infant under the age of 2 (two), they shall provide identification data, as well as confirm whether such infant will travel (i) on the lap of the father, mother, guardian, and/or person responsible thereof, or (ii) in a seat certified and approved by the FAA for use in vehicles or aircrafts (CRS -Child Restraint System); in which the label "This restraint is certified for use in motor vehicles and aircraft" is included.

If the CLIENT and/or those to whom the Services are to be provided refuse to provide the requested identification data or they are not truthful and, if applicable, refuse to use the CSR seat when an infant is traveling; the CLIENT hereby releases ACROSS from all liabilities arising in terms of insurance, as well as of any other nature, whether contractual, extra-contractual, civil, criminal, commercial, labor or any other that may apply, as well as its affiliates, subsidiaries, partners, shareholders, officers, employees, agents, directors, commissioners, and/or representatives, reserving no action or right against them.

Prohibited Items in luggage or on board of the Aircraft.
It is strictly forbidden for the CLIENT or the Passengers of the flight to transport within their luggage items that may endanger the safety of the aircrafts, crew, persons, or property on board of such aircrafts, pursuant to the provisions of the Civil Aviation Law, its Regulations, and national and international air regulations, which are listed below, but are not limited to:

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• Flammable liquids or gases (gasoline, paints, gas charges).

• Firearms or explosives (ammunition, gunpowder, fireworks, flares).

• Industrial products or household items (bleaches, aerosols, mercury, or solvents).

• Matches or lighters.

• Corrosive materials (acids, wet batteries, etc.).

• Irritant materials or substances.

• Magnetized materials.

• Oxidizing materials (such as peroxide).

• Radioactive materials.

• Chemicals.

• Briefcases or boxes with alarm mechanisms installed.

• Mines, grenades, and other explosive military items.

• Venoms.

• Oxygen.

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Peak Date Policy.
The Peak Dates shall have special policies and conditions, which shall be complied with by the CLIENT due to the demand in the request for Services on those dates, which are listed in Annex "1".

Liability release.
The CLIENT releases ACROSS from any type of liability if any of the following events occur:
Due to negligence of any external company or person in charge of transporting the passenger or carrying out the arrangements for his trip; including but not limited to, the following: i) Travel agencies, ii) Tour operators, iii) Concierges, iv) Limousines, v) Executive land taxis.

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Due to war, quarantine, or any similar cause.
Delays or cancellation of Services due to weather conditions.
Heliports occupied by other aircrafts that force to circulate or wait in waiting patterns to be able to land to drop off or pick up passengers.

Changes in the number of passengers that change the operation of flights. In this case, it is understood that if passengers are added to the capacity of each aircraft, the CLIENT shall make the corresponding payment for the change of the aircraft to another category with greater capacity, the amount will be informed prior to contracting the Services by ACROSS, prior availability by ACROSS in accordance with the terms and conditions of the Contract.

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1. Necessary adjustments of route operation.

2. Due to airport facilities.

3. Due to the refusal of the aeronautical authorities to carry out the flights, as well as the activation of NOTAMS (Notices to Aviators).

4. Regarding delays with Authorities (inspection of passengers by immigration and customs on international flights).

5. Due to saturation of the airport (ramp and runways) due to a lot of air traffic, as well as due to traffic saturation in the airspace.

6. Due to the saturation of national or international airspace.

7. Regarding fuel delays.

8. Due to ATC (Air Traffic Control) warnings.

9. Memorandums issued by the competent national and/or international authorities in matters of civil aviation.

10. Memorandums issued by SENEAM, the Ministry of Communications and Transportation.

11. Due to failures in the control center at airports and technical failures of the aircraft that prevent its normal operation.

12. Requests for unquoted flights.

13. Recognition of landing zones that, for operational safety reasons, warrant flying over the area for a longer period to determine a safe approach path.

14. Regarding ACROSS internet failures, leaving operational areas disconnected and without relevant information to operate flights without setbacks and under passenger requirements, as well as the operating systems used to provide the Services.

15. Due to matters of Acts of God or force majeure, and/or any other circumstances beyond ACROSS's control.

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Luggage Transportation Service.
ACROSS may provide the luggage transportation Services of any material, thing, or item at its sole discretion. If the transportation of luggage, material, thing or item requires a special permit or license issued by any governmental authority or agency, the CLIENT shall be responsible for the application, issuance, veracity and authenticity thereof, consequently assuming, pursuant to this Contract, any liability arising from such transportation, including but not limited to, all loss of income for the insurance of the means of transportation, expenses, costs, damages and losses that the foregoing causes to ACROSS.

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Acceptance of Services.  
The CLIENT grants his consent to the Contract and these Terms and Conditions that are part of the Contract, through the signature of Annex "1", by which the CLIENT expresses his knowledge and approval of the above documents with his name and signature.