PUBLIC CHARTER PARTICIPANT AGREEMENT

1. GENERAL

When you purchase a seat on a M’AIR AVIATION, LLC flight, a contract is made and each party has certain rights and obligations as set forth below. M’AIR AVIATION, LLC 67 TOWER ROAD, WEST HARRISON, NY 10604 is the authorized Public Charter operator (“PCO”). The price of your trip, dates of the flights, origin and destination cities, and other conditions, are as specified in the applicable PCO itinerary and/or your accepted reservation and are incorporated herein by reference. Unless otherwise specified, the price includes only air transportation.

2. RESERVATIONS AND PAYMENT

Reservations may be made directly with PCO. Unless and until full payment has been made, you do not have a confirmed reservation. The forms of payment accepted for transportation on PCO flights are credit card or electronic check. Your payment is transmitted directly to PCO’s public charter depository (escrow) account at LEVEL ONE BANK; your payment is additionally protected in part by a security agreement between PCO and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA. Unless you file a claim with PCO, or if PCO is unavailable, with TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, within sixty (60) days of arrival (or in the case of a canceled charter, the intended date of arrival) of the last flight of your itinerary, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA shall be released from all liability to you under the security agreement.

3. AIR TRANSPORTATION

PCO flights are operated by Northeastern Aviation Corp (“DAC”), or a similarly situated air carrier, using GULFSTREAM AEROSPACE G-IV (G400) aircraft seating up to FOURTEEN (14) passengers or similar aircraft. DAC supplies air transportation subject to all applicable laws and regulations governing the provision of commercial air transportation. PCO and DAC reserve the right to substitute another duly-licensed carrier and/or to change the aircraft type, capacity, and routing; no refund will be given for such substitutions or changes. Additionally, and subject to the provisions of this contract governing “Major Changes,” PCO reserves the right to change the form of service from charter flight to scheduled flight and vice versa. Consumer protections afforded Public Charter passengers will apply only to those passengers who actually travel on a Public Charter flight. Passengers who actually travel on scheduled flights will receive only the consumer protections applicable to scheduled service. Tickets issued or procured by PCO are neither endorsable to other carriers nor usable on other routes of the same carrier. Flight dates and times are not guaranteed. There are no hotel, ground transportation, entry tickets, or any other services or accommodations included.

4. CHECK-IN INFORMATION

Please refer to your itinerary for check-in information. Passengers must present themselves for check-in at least 30 minutes prior to scheduled departure time. If you are not present at the boarding area at least 30 minutes prior to scheduled departure, you will be considered a “no-show;” and your seat may be sold to a standby passenger. In such event, neither PCO nor DAC shall be responsible or liable for your transportation. Please refer to Paragraph 6 below for additional information on no-shows.

5. CANCELLATIONS BY PCO, PRICE TERMS, AND MAJOR CHANGES

PCO reserves the right to cancel a trip for any reason, provided PCO notifies you in writing within seven (7) days after the cancellation occurs, but no later than ten (10) days before the scheduled departure date. A full refund will be made within fourteen (14) days after such cancellation. PCO WILL NOT CANCEL A TRIP LESS THAN TEN (10) DAYS BEFORE DEPARTURE, EXCEPT FOR CIRCUMSTANCES THAT MAKE IT PHYSICALLY IMPOSSIBLE TO PERFORM THE TRIP. If such a circumstance occurs, PCO will notify you as soon as possible; and if the trip is canceled, PCO will refund all monies within fourteen (14) days. IF PCO MAKES A PRE-DEPARTURE “MAJOR CHANGE” TO A TRIP, YOU MAY CANCEL UP TO TWENTY-FOUR (24) HOURS BEFORE DEPARTURE AND RECEIVE A FULL REFUND WITHIN FOURTEEN (14) DAYS AFTER CANCELLATION. Only the following constitute “major changes:” (i) a change in the departure or return date unless the change results from a flight delay experienced by the air carrier, although a delay of longer than forty-eight (48) hours will always be considered a “major change;” (ii) a change in the origin or destination city; or (iii) a price increase of more than ten (10) percent occurring ten (10) or more days before departure. If a “major change” occurs, PCO will notify you within seven (7) days after learning of the change but at least ten (10) days before the scheduled departure. If PCO first knows of the “major change” less than ten (10) days before departure, PCO will notify you as soon as possible. IF A “MAJOR CHANGE” WHICH YOU ARE UNWILLING TO ACCEPT OCCURS AFTER YOUR OUTBOUND FLIGHT HAS BEEN COMPLETED, PCO WILL REFUND, WITHIN FOURTEEN (14) DAYS AFTER YOUR SCHEDULED RETURN DAY, THAT PORTION OF YOUR PAYMENT WHICH APPLIES TO THE SERVICE NOT PROVIDED.

6. PASSENGER CANCELLATIONS, ITINERARY CHANGES AND REFUNDS: IF YOU CANCEL OR CHANGE A CONFIRMED RESERVATION, OR IF YOU “NO SHOW” FOR A FLIGHT, YOUR RIGHT TO A REFUND IS LIMITED AS FOLLOWS

For cancellations within four (4) hours of booking, provided booking is more than seven (7) days prior to the date of the first departure on an itinerary, no cancellation fee will be charged; for cancellations more than four (4) hours from booking and more than seven (7) days prior to the date of the first departure on an itinerary, a cancellation fee of 25% of the value of the booking will be charged; for cancellation within seven (7) days of, but more than twenty four (24) hours from, the first departure on an itinerary, a cancellation fee of 50% of the value of the booking will be charged; for cancellation within twenty four (24) hours of the first departure on an itinerary, a cancellation fee of 100% of the value of the booking will be charged. Any refund will be made within fourteen (14) days after the date of cancellation. If, at time of cancellation, a passenger provides a substitute participant utilizing the same itinerary, or if PCO provides the substitute, a full refund less a $25 administrative fee will be provided. PCO shall not be deemed to have provided a substitute participant unless all seats on the flight have been initially sold out. A passenger may transfer their trip to another person with notice to PCO no less than 10 business days before the originally scheduled date of departure.

7. BAGGAGE ALLOWANCE AND LIABILITY

Checked baggage allowance is one bag up to 50 pounds per paying passenger for all trips. Each passenger also may carry one carry-on bag and one personal item in the aircraft cabin. TSA requires that passengers are allowed to bring one small bag of liquids, aerosols, gels, creams, and pastes through the checkpoint with your carry-on bag. These are limited to 3.4 ounces or less per container. Any overweight or oversized luggage (larger than suitcase size) or luggage additional to the allowed bag limit will be carried, if at all, subject to load restrictions and possible additional charges and will be subject to approval of the DAC. PCO and DAC neither assume nor accept liability for lost, delayed, or damaged bags, except as provided in the terms and conditions of the respective carrier’s applicable tariff and/or contract of carriage.

8. RESPONSIBILITY

PCO is the principal and is responsible for making arrangements to provide the services included in the trip. In all cases, transportation is subject to all of the terms and conditions of the respective carrier’s applicable tariff and/or contract of carriage; in the case of scheduled airline service, refer to the air transportation ticket for conditions of carriage and notice of incorporated terms, and inquire of the airline for additional details. Airlines and other travel suppliers are not agents or employees of PCO but are independent contractors over whom PCO has no control. Accordingly, you hereby agree that, except as otherwise provided herein, PCO is not responsible or liable for any loss, injury, expense, damage to property or personal sickness, injury, or death that results directly or indirectly from (a) an act or omission of any air carrier or other travel supplier, or (b) any other cause or act, of whatsoever nature, beyond the direct and immediate control of PCO. Except as otherwise specified herein, in the event of non-operation of any flight due to reasons beyond the control of PCO, PCO’s sole liability shall be to refund to you that portion of the price allocable to the services not provided. Any deviation from the trip that you initiate is solely your responsibility.

9. IDENTIFICATION

YOU MUST PRESENT ACCEPTABLE GOVERNMENT-ISSUED PHOTO IDENTIFICATION BEFORE BOARDING; SUCH IDENTITY DOCUMENT SHOULD MATCH YOUR NAME AS IT APPEARS ON THE PASSENGER RESERVATION LIST. FAILURE TO PROVIDE THIS TYPE OF IDENTIFICATION COULD LEAD TO DELAY IN BOARDING OR TO DENIAL OF BOARDING, SO PLEASE BE SURE TO HAVE SUCH IDENTIFICATION (SUCH AS A DRIVER’S LICENSE) READY WHEN YOU CHECK IN.

10. NOTICES

All communication should be sent to PCO at the address shown in Paragraph 1 above. Notices to PCO are effective upon actual receipt by PCO.

11. APPLICABLE LAW

This contract is governed by and shall be construed under the laws of the State of New York.

12. MISCELLANEOUS

PCO reserves the right to amend this contract without notice to the passenger so long as such amendment is in compliance with applicable governmental regulations or waivers thereof. THE RIGHTS AND REMEDIES MADE AVAILABLE UNDER THIS CONTRACT ARE IN ADDITION TO ANY OTHER RIGHTS OR REMEDIES AVAILABLE UNDER APPLICABLE LAW; HOWEVER, ACCEPTANCE OF A REFUND FURNISHED UNDER THIS CONTRACT SHALL CONSTITUTE A WAIVER OF SUCH OTHER RIGHTS AND REMEDIES. PARTICIPANT AGREES THAT UNDER NO CIRCUMSTANCES SHALL PCO BE LIABLE TO PARTICIPANT FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT OR TORT (INCLUDING STRICT LIABILITY AND NEGLIGENCE) INCLUDING LOSS OF REVENUE, LOSS OF USE, OR ANTICIPATED PROFITS.

13. INSURANCE

Trip cancellation, health, and accident insurance is available for purchase by all passengers from third-party vendors. Options for such insurance can be found at travelinsurance.com.