4.1 Through its services, PrivateFly offers a payment gateway for aircraft operators on www.privatefly.com. The charterer pays PrivateFly the price of the charter at the time of height, currency and address indicated in accordance with the provisions of a charter contract. 2. The customer wants JetsetPrivate Air to act as an agent for the customer and to arrange charter services between the customer and one or more licensed carriers (`carrier`) in accordance with current regulations of the Federal Aviation Administration (“FAA”) and the Department of Transportation (“DOT”). For scheduled flights, JetsetPrivate Air has the right to purchase the flight from an airline as soon as a customer read the terms and agreed to the terms and paid for a flight. With regard to charter flights, jetsetPrivate Air is authorized to enter into a charter contract with the airline as a customer representative, as soon as a customer has confirmed a charter itinerary and a price offer. Flights will be conducted in accordance with the U.S. Federal Aviation Regulation (“FAR(s) and the airline will have operational control of the aircraft at all times. CUSTOMER ACKNOWLEDGES AND AGREES THAT JETSETPRIVATE AIR IS ONLY ACTING AS AN AGENT OF CLIENT FOR THE ARRANGEMENT OF THE CHARTER FLIGHTS DESCRIBED. This agreement is mandatory and will remain fully in effect for each charter flight organized by JetsetPrivate Air until it is cancelled in writing by one of the parties.

This agreement is supplemented for each charter flight by a separate “charter offer” that contains flight details, prices and other applicable payment information and confirmations. 4.11 If, due to a technical defect in an aircraft, the airline is unable to fly in accordance with a flight confirmation, PrivateFly will make reasonable commercial efforts to find an appropriate replacement aircraft and will inform the charterer of any additional costs.

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