TERMS OF SERVICE & BROKERAGE AGREEMENT

Last Updated: January 2026

These Terms of Service and Brokerage Agreement (“Agreement”) govern all access to and use of services provided by Sylva Enterprises LLC (“Sylva,” “Company,” “we,” “us,” or “our”).

By submitting a flight request, purchasing a service plan (single, quarterly, yearly), engaging Sylva for charter services, or otherwise using the Services, you (“Client,” “you,” or “your”) agree to be legally bound by this Agreement.

If you do not agree, do not use the Services.

1. Nature of Services – Broker Status

Sylva Enterprises LLC operates as an independent air charter broker.

Sylva:

  • Is not a direct air carrier
  • Does not operate aircraft
  • Does not own aircraft
  • Does not maintain operational control of flights
  • Does not act as a common carrier

All flights are operated by independent third-party FAA-certificated Part 135 air carriers (“Operator”) who retain full operational control as required by federal aviation regulations.

Operational control remains solely with the Operator at all times.

2. Role of Sylva

Sylva provides:

  • Aircraft sourcing
  • Quote procurement
  • Charter arrangement
  • Client support
  • Payment facilitation
  • Structured service plan administration

Sylva does not guarantee aircraft availability or flight execution.

Sylva acts solely as an intermediary between Client and Operator.

3. Quote Requests & Non-Binding Inquiries

Submission of a quote request through the website or any communication channel:

  • Does not constitute a booking
  • Does not guarantee availability
  • Does not create a contract for air transportation

All quotes are estimates subject to change until a formal charter agreement is executed between Client and Operator.

No flight is confirmed until:

  1. A charter agreement is signed with the Operator, and
  2. Payment terms required by the Operator are satisfied.

4. Payments & Fee Structure

Sylva charges structured service fees under one of the following models:

  • Single-use service
  • Quarterly plan
  • Yearly plan

These fees compensate Sylva for brokerage services, sourcing, administrative work, and support.

Sylva may:

  • Collect payment for service fees directly
  • Facilitate or collect charter funds on behalf of Operators where applicable

If Sylva processes flight funds, such funds may be held temporarily for remittance to the Operator.

Sylva is not acting as an escrow agent or fiduciary unless expressly agreed in writing.

5. Non-Refundable Fees

Except where expressly stated in writing:

  • Brokerage fees are non-refundable
  • Subscription fees are non-refundable
  • Dissatisfaction, cancellation, change of plans, or market price changes do not constitute grounds for refund

Operator cancellation policies are governed by the charter agreement between Client and Operator.

6. Operator Responsibility & Operational Control

Client acknowledges and agrees:

  • The Operator retains exclusive operational control of flights
  • The Operator is responsible for safety, crew, maintenance, insurance, compliance, and flight execution
  • Sylva has no responsibility for mechanical issues, weather delays, regulatory restrictions, crew limitations, or operational disruptions

7. No Guarantees

Sylva does not guarantee:

  • Aircraft availability
  • Specific aircraft models
  • Pricing stability
  • On-time departure or arrival
  • Completion of any flight

Market conditions may cause pricing changes without notice.

8. Client Responsibilities

Client agrees to:

  • Provide accurate passenger information
  • Comply with Operator requirements
  • Provide identification and documentation as required
  • Follow all aviation security protocols

Sylva is not liable for costs or disruptions resulting from inaccurate information provided by Client.

9. Limitation of Liability

To the maximum extent permitted by law:

Sylva’s total liability for any claim shall not exceed the total brokerage fees paid by Client to Sylva for the specific transaction giving rise to the claim.

Sylva shall not be liable for:

  • Indirect damages
  • Consequential damages
  • Lost profits
  • Missed events
  • Emotional distress
  • Business interruption
  • Travel disruption

This limitation applies regardless of legal theory.

10. Indemnification

Client agrees to indemnify, defend, and hold harmless Sylva Enterprises LLC, its owners, officers, employees, agents, contractors, and affiliates from any claims, damages, losses, liabilities, and expenses arising from:

  • Client misuse of Services
  • Breach of this Agreement
  • Violation of law
  • Misrepresentation of information

11. Force Majeure

Sylva shall not be liable for delays or failures caused by events beyond its reasonable control, including:

  • Weather
  • Government action
  • Regulatory restrictions
  • Pandemics
  • War
  • Natural disasters
  • Natural disasters
  • Airspace closures
  • Fuel shortages

‍12. Payment Disputes & Chargebacks

Client agrees not to initiate chargebacks or payment reversals without first providing written notice and allowing Sylva 10 business days to resolve the matter.

Improper chargebacks may result in:

  • Immediate termination of service
  • Collection action
  • Recovery of legal fees

‍13. Dispute Resolution & Arbitration

All disputes shall first undergo a 30-day informal resolution period.

If unresolved, disputes shall be resolved exclusively through binding arbitration in Texas.

Client waives:

  • Right to jury trial
  • Participation in class actions

All claims must be brought individually.

‍14. Governing Law

This Agreement shall be governed by the laws of the State of Texas, without regard to conflict-of-law principles.

‍15. Right to Refuse Service

Sylva reserves the right to refuse or terminate service at its sole discretion for:

  • Fraud
  • Misrepresentation
  • Abuse
  • Compliance concerns
  • Security risks

Termination does not automatically entitle Client to refund.

‍16. Website Use

Users agree not to:

  • Submit false flight requests
  • Scrape data
  • Attempt unauthorized access
  • Reverse engineer systems

Violation may result in termination and legal action.

‍17. Modifications

Sylva may modify these Terms at any time.

Continued use of Services constitutes acceptance.

‍18. Entire Agreement

This Agreement constitutes the entire agreement between Sylva Enterprises LLC and Client and supersedes all prior communications.