Filing # 156149267 E-Filed 08/25/2022 05:51:31 PM

IN THE CIRCUIT COURT OF THE 9TH

JUDICIAL CIRCUIT, IN AND FOR
ORANGE COUNTY, FLORIDA

GENERAL JURISDICTION DIVISION

CASE NO.

MARKET AMERICA, INC.

Plaintiff,

v.

ALLIANCE AVIATION GROUP, LLC,

Defendant.

COMPLAINT AND DEMAND FOR JURY TRIAL

Plaintiff Market America, Inc. sues Defendant Alliance Aviation Group, LLC for (1) fraud;

(2) negligent misrepresentation; (3) breach of Florida's Unfair and Deceptive Trade Practices Act

("FDUTPA"); and (4) breach of contract, and state as follows:

PARTIES, JURISDICTION AND VENUE

1. Plaintiff Market America, Inc. is a North Carolina product brokerage and internet

marketing company.

2. Defendant Alliance Aviation Group, LLC is a Delaware corporation with its

principal place of business in Orange County, Florida.

3. This Court has subject matter jurisdiction over this dispute because the amount in

controversy exceeds $30,000, exclusive of interest and costs.

4. Venue lies in this Court because the Defendant is present in this judicial district.
 The Court has personal jurisdiction over the Defendant because the Defendant

operates, conducts, engages in, and carries on a business venture or business ventures in this

state.

6. All conditions precedent have occurred, been performed, or have otherwise been

waived.

7. Plaintiff has retained the undersigned law firm to prosecute this action and has

agreed to pay the law firm a reasonable fee for its services, plus out of pocket expenses.

FACTS COMMON TO ALL COUNTS

8. On or about August 13, 2022, Plaintiff contracted with Alliance Aviation Group,

LLC ("Alliance") for a

private chartered flight from White Plains, New York to Dubrovnik,

Croatia on August 22, 2022 for a price of $150,000.00. The contract is attached to this complaint

as Exhibit 1.

9. On the day of Plaintiff's scheduled flight, following an approximately two-hour

delay, the on-site maintenance official cleared the aircraft for takeoff.

10. Notwithstanding the on-site maintenance sign-off, just as the aircraft was ready to

take-off, to the surprise of everyone including the pilots of the aircraft, Don Mills ("Mr. Mills"),

Alliance's assistant director of operations, unilaterally cancelled the flight claiming that the

aircraft was not, in fact, suitable for flight.

11. Mr. Mills, of course, was not present at the White Plains airport and had not

inspected the aircraft himself.

12. Moreover, according to one of the pilots, the reason the flight was cancelled had

nothing to do with mechanical issues. Instead, the flight was cancelled because Alliance "no

longer want[ed] to do the flight."

2
 13. Plaintiff was forced to remain on the ground and miss over a full day on its

scheduled Yacht charter in Croatia due to Mr. Millsinexplicable decision. This Yacht charter

was paid for at a price of approximately $350,000.00.

14. While Alliance's website represents that "[w]ith our 'Ready to Fly' technology

we can have you up and off the ground within 4 hours' notice," Plaintiff was told that it would

need to wait until the following morning (over 8 hours after the previous flight was cancelled) to

even discuss options for rescheduling their flight.

15. Over the course of this fiasco, Alliance, knowing that it had failed to source

another aircraft to Plaintiff within four hours, and also knowing that it was not going to be able

to perform its obligations, because, as explained below, it did not actually have an aircraft readily

available, offered to refund Plaintiff in the full amount of $150,000.00 several times.

16. In fact, Christopher Tasca, Alliance's president and co-founder, even suggested

via text message that Plaintiff should have another company handle the rebooking because

"Global operations is one of [our] newest divisions and clearly we cannot compete with [other

companies]."

17. This offer was consistent with Alliance's contract, which provides that "[i]n the

event a trip is not completed for any reason, including a mechanical issue with respect to the

aircraft, the customer will only be responsible for payment of all costs incurred for the completed

portion of the trip." Contract at p.4 (emphasis added). In this case, of course, no portion of the

trip was completed.

18. Ultimately, Alliance was not able to reschedule a flight for Plaintiff until August

23 at 8 p.m., which was later moved up to 4:30 p.m., over twenty hours after their originally

scheduled departure time.

 19. Moreover, the aircraft selected for the flight was located at a hangar in

Washington, D.C., hours from White Plains. Things were just not adding up.

20. At this point, Plaintiff also noticed that other customers had similar experiences

with Alliance making promises it could not deliver on. As an example, the most recent customer

review on the BBB's website states "Alliance Aviation does not run an honest operation. They

do not honor their agreements, constantly rescind what is agreed... ." The BBB complaint goes

on and on.

21. Separately, numerous reviews of Alliance on the website "Glassdooe is

extremely negative about Alliance management, for example, calling them "deceptive and

manipulative as well as "unprofessional," and so on.

22. After learning these facts and also learning that the aircraft was manufactured

twenty-three years ago in 1999 with a difficult-to-discern maintenance and operations history,

and having absolutely no confidence that Alliance would be able to deliver on the 4:30 p.m.

flight that was purportedly finally arranged (because of Alliance's poor reputation and its

previous failures to deliver on false promises), Plaintiff understandably asked for the refund

Alliance had previously offered several times. Suddenly, however, Alliance wrongfully refused

to provide it to them.

23. As a result of Alliance's fraud, misrepresentations, deceptive and unfair practices,

and contractual breaches, Plaintiff has suffered damages in the amount of $217,000.00, at a

minimum. This includes $150,000.00 for the flight that Alliance failed to timely provide and

refused to refund, plus a difference of $67,000.00 for the $217,000.00 flight they chartered to

Croatia with another company. This does not include other damages which have yet to be

determined.

4
 COUNT I -
FRAUD

24. Plaintiff repeats the allegations in Paragraphs 1-23 above as if fully set forth

herein.

25. Defendant Alliance represented to Plaintiff that it possessed the capability and

was ready, willing, and able to fly Plaintiff to Croatia on August 22, 2022.

26. Defendant Alliance further represented that the reason Plaintiff s original flight

was cancelled was due to mechanical issues. In reality, Alliance simply cancelled the flight

because it no longer was capable of or wanted to complete the trip.

27. Notwithstanding this cancellation, Defendant Alliance had further represented

that it would be able to have Plaintiff "up and off the ground within 4 hoursnotice."

28. Defendant Alliance also represented to Plaintiff that it would provide them a full

refund $150,000.00 as a result of its failure to fly them to Croatia on the day of their scheduled

flight, time being of the essence.

29. Defendant Alliance intended Plaintiff to rely upon these representations.

30. Defendant Alliance knew these representations were false.

31. Plaintiff was aware of and relied upon these representations in paying Defendant

Alliance and in believing that Defendant Alliance was engaging in its best efforts to secure them

a flight to Croatia. Plaintiff was accordingly injured thereby.

COUNT II —
NEGLIGENT MISREPRESENTATION

32. Plaintiff repeats the allegations in Paragraphs 1-23 above as if fully set forth

herein.

33. Defendant Alliance represented to Plaintiff that it was ready, willing, and able to

fly Plaintiff to Croatia on August 22, 2022.

 34. Defendant Alliance further represented that the reason Plaintiff s original flight

was cancelled was due to mechanical issues. In reality, Alliance simply cancelled the flight

because it no longer wanted to complete the trip.

35. Notwithstanding this cancellation, Defendant Alliance had further represented

that it would be able to have Plaintiff "up and off the ground within 4 hoursnotice."

36. Defendant Alliance also represented to Plaintiff that it would provide them a full

refund $150,000.00 as a result of its failure to fly them to Croatia on the day of their scheduled

flight.

37. Defendant Alliance knew or should have known these representations were false.

38. Defendant Alliance intended the representations to induce Plaintiff to act.

39. Plaintiff was aware of these representations and suffered damages in justifiable

reliance on these representations.

COUNT III —

FDUTPA, Fla. Stat. § 501.211

40. Plaintiff repeats the allegations in Paragraph 1-23 above as if fully set forth

herein.

41. Plaintiff is a consumer within the meaning of Fla. Stat. § 501.203(7).

42. Plaintiff is a person within the meaning of Fla. Stat. § 501.211(2).

43. Plaintiff has suffered a loss as a result of Defendant's violation of the Florida

Deceptive and Unfair Trade Practices Act, Fla. Stat. § 501.201, et seq.

44. Plaintiff has been aggrieved by Defendant's violation of the Florida Deceptive

and Unfair Trade Practices Act, Fla. Stat. § 501.201, et seq.

6
 45. Specifically, Defendant Alliance has engaged in an unfair and deceptive practice

by representing to Plaintiff that Defendant would be able to fly Plaintiff to Croatia on August 22,

2022.

46. Defendant Alliance has further engaged in an unfair and deceptive trade practice

by representing to Plaintiff that the reason Plaintiff s original flight was cancelled was due to a

mechanical issue. In reality, Plaintiff s flight was cancelled because Alliance no longer wanted to

complete the trip for Plaintiff.

47. Defendant Alliance has further engaged in an unfair and deceptive trade practice

by representing that it would be able to have Plaintiff off the ground within four hoursnotice,

when in reality, Defendant was in no way able to do so.

48. Defendant Alliance has also engaged in an unfair and deceptive practice by

representing to Plaintiff that it would provide them a full refund of the $150,000.00 paid for the

cancelled flight to Croatia, and later wrongly refusing to do so.

COUNT IV —
BREACH OF CONTRACT

49. Plaintiff repeats the allegations in Paragraphs 1-23 above as if fully set forth

herein.

50. On or about August 13, 2022, Plaintiff and Defendant Alliance entered into a

contract whereby Defendant Alliance was to provide a charter flight for Plaintiff on August 22,

2022 from White Plains, New York to Dubrovnik, Croatia at a price of $150,000.00.

51. Plaintiff timely paid Alliance this amount in advance of the flight.

52. Alliance refused to or was unable to perform its obligations pursuant to the

contract.

7
 53. Defendant Alliance has accordingly breached its agreement with Plaintiff and

Plaintiff has been damaged thereby.

WHEREFORE, Plaintiff Market America, Inc. respectfully requests that this Court grant

the following relief:

A. Declare that Defendant Alliance Aviation Group, LLC has (1) defrauded Plaintiff;

(2) violated Florida's Deceptive and Unfair Trade Practices Act, resulting in injury to Plaintiff;

and (3) breached its contract with Plaintiff.

B. Enter judgment in Plaintiff s favor and against Defendant Alliance Aviation

Group, LLC, with respect to Plaintiff s claims.

C. Enjoin Defendant Alliance Aviation Group, LLC from engaging in further

violations of FDUTPA;

D. Order Defendant Alliance Aviation Group, LLC, to pay appropriate damages to

Plaintiff, including presumed and compensatory damages, attorneysfees and costs, pre-

judgment and post-judgment interest; and

E. Order such other relief as may be just and proper.

DEMAND FOR JURY TRIAL

Plaintiff demands a jury trial on all matters so triable.

//

//

//

//

//

//

8
Dated: August 25, 2022 Respectfully submitted,

MARCUS NEIMAN RASHBAUM

& PINEIRO LLP

100 SE Third Avenue

Suite 805
Fort Lauderdale, Florida 33394
(954) 462-1200

By: /s/ Jeffrey A. Neiman

JEFFREY A. NEIMAN
Florida Bar No. 544469
JULIE LEVINE
Florida Bar No. 1007991
jneiman@mnrlawfirm.com
jlevine@mnrlawfirm.com

Counsel for Plaintiff

9
EXHIBIT 1
DocuSign Envelope ID: BB477405-353A-4C24-98A2-B7D1E61A553C
Marcello Rubano

I0
Phone: (401)318-0201

Antin0101*cc
Email: Marc.RuhannaFIvAlliance us

it VI A V I It II

Reference 4184 13-Aug-2022 18:08

Prepared for Market America

Annette Griffin

Quote Flight Cost: 1 @ $150,000.00/trip $150,000.00

Total $150,000.00

Aircraft Global Express

Itinerary Depart/Arrive Distance Flight time Passenger(s)

White Plains, New York, US (KHPN) 22-Aug-2022 20:00 EDT 3786 NM 8:06
Kastel Stafilic, HR (LDSP) 23-Aug-2022 10:06 CEST
3786 NM 8:06

DocuSigned by:

avut,uutt, ayir61A, 8/13/2022

[ 9E0258 E698C4A2...

Signature Date

Reference #4184 Alliance Aviation Group Page 1 of 5

DocuSign Envelope ID: BB477405-353A-4C24-98A2-B7D1E61A553C

Azaiii
Alliance Aviation Group Terms and Conditions
-

Flight Confirmation

This agreement is between "Client," (to whom is listed above) and Alliance Aviation Group (hereafter designated as "Alliance
Aviation Grour) Flights are not confirmed until signed paperwork is received by Alliance Aviation Group. Changed, altered or
incomplete paperwork will void the confirmation. Aircraft availability is subject to change and cannot be guaranteed until paperwork
is signed and returned. Unless specifically stated above, all tail numbers are subject to change. While size or class is specific, trips
are not specific to a particular aircraft model or registration number.

Payment

Payment in full is required 72 hours prior to departure. Trips booked within 72 hours of departure must be paid upon booking. If a
check or wire payment is not received 24 hours prior to departure, the credit card provided below will be processed with an
additional 3.75% administrative fee which will be added to the total amount.

For trips booked outside of normal business hours and scheduled to depart before the next business day, a preauthorization will be
placed on the credit card provided below. If payment is not received by the close of business the following business day, the credit
card will be processed with an additional 3.75% administrative fee added to the total amount.

Additional expenses incurred during the trip such as catering, ground transportation, de-icing, hangar expenses, phone, internet,
aircraft cleaning or damage, delays, rerouting caused by weather or air traffic control, FB0 changes, after-hours charges, and
special event fees will be invoiced to Client after the trip and are due upon receipt In the event that internet is unavailable for any
reason, customer shall not be entitled to refund or credit of any portion of the charter price.

If payment for any outstanding balance for an additional expense is not received within 5 business days, Alliance Aviation Group
shall process the credit card provided below without further notice or request.

Additional Expenses

Additional expenses incurred during the trip (including but not limited to: catering, de-icing, weather related hangar expenses, flight
phone, internet, aircraft cleaning or damage, delays and/or reroutes caused by weather or air traffic control, including en route
holding or diversions caused by weather or airport closures, FBO changes, after-hours charges and special event fees) will be billed
to Client after the trip and due upon receipt.

If payment for any outstanding balance for an additional expense is not received within 5 business days, Alliance Aviation Group,
LLC shall process the credit card provided below without further notice or request.

In the event that the account becomes delinquent, the authorized signer and the cardholder in addition to the named entity (Client)
shall be jointly and individually responsible for the full amount including all costs and fees associated with the collection process,
including reasonable attomey fees, travel expenses, and all associated court costs.

Cancellation Policy

All one-way and empty leg flights are subject to a 100% non-refundable cancellation penalty upon booking. This includes multi-leg
and multi-day one-way flights and those flights for which minimum daily usage charges have not been incurred.

All holiday flight cancellations (from three days prior to US national holidays through three days following US national holidays) are
subject to a 100% non-refundable cancellation penalty upon booking.

All major sporting event flight cancellations are subject to a 100% non-refundable cancellation penalty upon booking

Light, Medium and Super-Medium (Round Trip) domestic flights are subject to the following cancellation penalties:
•
Greater than 72-hour notice prior to departure: client will only be charged for all direct and third-party expenses incurred
•
72-to-24-hour notice prior to departure: client will be charged for all direct and third party expenses incurred, plus
aminimum charge of 2 hours of flight time
•
Less than 24-hour notice prior to departure: client will be charged for all direct and third party expenses incurred, plus
100% of the quoted trip price

Heavy Jet (Round Trip) domestic flights are subject to the following cancellation penalties:
Client will be charged for all direct and third-party expenses incurred, plus $5,000.00 non-refundable cancellation
•

uponbooking or $10,000.00 on trips greater than $75,000.00 total cost

72-to-24-hour notice prior to departure: client will be charged for all direct and third party expenses incurred, plus a
•

minimum charge of 2 hours of flight time

Less than 24-hour notice prior to departure: client will be charged for all direct and third-party expenses incurred,
•

plus100% of the quoted trip price

Delf,,re,nne. nres• 17.nric. l evf A

Reference #4184 Alliance Aviation Group Page 2 of 5

DocuSign Envelope ID: BB477405-353A-4C24-98A2-B7D1E61A553C

Azaiii
All international trips are subject to the following cancellation penalties:
•
Client will be charged for all direct and third-party expenses incurred, plus 25% non-refundable cancellation upon booking
•
72-to-24-hour notice prior to departure: client will be charged for all direct and third party expenses incurred, plus 25%
non-refundable cancellation upon booking
•
Less than 24-hour notice prior to departure: client will be charged for all direct and third party expenses incurred, plus
100% of the quoted trip price

Schedule Changes

Alliance Aviation Group, LLC will make every effort to accommodate Client's requested itinerary change. However, departure time,
date, or itinerary changes must be approved by flight operations and are subject to aircraft availability and may incur additional
costs. Changes to the confirmed itinerary that cannot be accommodated will be considered a cancellation of confirmed itinerary and
cancellation penalties will apply.

Aircraft are not guaranteed to remain continuously available for Client use or access while at the destination airport or during layover
periods. Only requested, occupied flight legs are available to Client. Reposition flights and empty legs shall not be resold without
express written permission from Alliance Aviation Group, LLC.

Passenger Delays: Please notify Alliance Aviation Group immediately if passenger will be unable to depart at scheduled departure
time. Alliance Aviation Group will make commercially reasonable efforts to accommodate customer delays. However, failure of the
customer to arrive for a flight within 60 minutes of the confirmed departure time may subject the applicable flight services
contemplated in the Flight Itinerary to cancellation and total forfeiture of payments received.

Other Delays: Alliance Aviation Group is not responsible for flight cancellations, interruptions or delays due to weather, maintenance
problems, force majeure, or any other unforeseen circumstance not under Alliance Aviation Group control.
Recovery Services: If a flight is cancelled, interrupted, or delayed for any reason other than customer delays, Alliance Aviation
Groupwill attempt to arrange alternative service for the customer.

Peak Travel Dates & Policy: Departure times must be provided at the time of booking for all flights booked on Peak Travel dates.
Changes to departure time are subject to approval and increases in pricing. Alliance Aviation Group reserves the right to adjust
departure time on specified Peak Travel days plus or minus two hours from scheduled departure time.

Passenger and Cargo Documentation

All adult passengers must present valid, unexpired, government issued photo identification to board the aircraft. Passengers are
requested to provide all required identification and documentation for international travel at least 72 hours prior to the scheduled
departure time including full legal names, genders, dates of birth, passport details, visas, medical verifications, and other related or
required documents. All information must be presented in a complete, legible, and accurate format. Cancellations, fines, penalties,
or related expenses associated with any incomplete, improper or inaccurate information, or delay, denial of travel or entry by a
governmental authority will be the responsibility of Client. Client is responsible for obtaining all information regarding the
requirements for entry into and exit from the respective origination and destination states and countries and any requirements for the
transportation of minors.

Client is responsible for knowing the restrictions for carrying dangerous or proh bited goods by air, which can be found at
https://www.tsa.gov/travel/security-screening/prohibited-items. This list must be provided to all passengers. Possessions, baggage,
and cargo presented for carriage aboard the aircraft are subject to search by Alliance Aviation Group, LLC and applicable
authorities. Client is respons ble for any delays, fines, penalties, confiscations, or impoundment, including aircraft down time which is
caused directly or indirectly by Client, or their guests, and for any documented or undocumented contents, cargo or possessions
carried by Client or their guests.

Passenger supplied therapeutic or medical oxygen is not allowed. Any passenger assistance requests, or special needs must be
provided in writing prior to signing this agreement.

Smoking, Pets or Damage to Aircraft

Smoking and pets are prohibited unless expressly approved in advance by Alliance Aviation Group, LLC. Client is responsible for
any and all soiling and/ or damage caused by any guest or pet, including cleaning, repair or replacement of any part of the aircraft,
and any associated down time or lost revenue caused by the soiling, damage, cleaning or repair. Pets may be required to remain
within a kennel while onboard the aircraft. A refurbishment charge will apply for any pet or smoking allowed flight(s) for aircraft
cleaning and/or odor removal.

Agreement Applicability and Venue

Alliance Aviation Group, LLC reserves the right to determine the sole and exclusive venue for any and all claims arising from
this agreement. This agreement constitutes the entire agreement between the parties and supersedes all other oral or written
understandings between the parties as relates to this matter.

Delf,,re,nne. U A Ili.nnne. nres• 17.nric. evf A

Reference #4184 Alliance Aviation Group Page 3 of 5

DocuSign Envelope ID: BB477405-353A-4C24-98A2-B7D1E61A553C

Azaiii
Liability

Alliance Aviation Group, LLC shall not have nor assume any responsibility or liability to Client for activities performed by another
company or person engaged in the conveyance or handling of the Client or their guests. Alliance Aviation Group, LLC shall not be
liable whether under contract, negligence, strict liability or other legal or equitable theory for any consequential, indirect, incidental,
special, punitive, exemplary or reliance damages, under any circumstances, for the services rendered or delivered hereunder.
Alliance Aviation Group is not responsible for and cannot be held financially liable for any damages that occur as a direct or indirect
result of a flight cancellation, interruption or delay, including any consequential damages, lost profits or other missed opportunities.
In the event a trip is not completed for any reason, including a mechanical issue with respect to the aircraft, the customer will only be
responsible for payment of all costs incurred for the completed portion of the trip.

Failure to complete the full paperwork will result in automatic liability for additional charges.

DerF,Nre,nne. nres• 17.nric. evf A

Reference #4184 Alliance Aviation Group Page 4 of 5

DocuSign Envelope ID: BB477405-353A-4C24-98A2-B7D1E61A553C

Ace
Payment Information

Payment will be remitted by: Wire Credit Card'

*If paying with credit card, a 375% processing fee will be added to the total quote amount

Wire Transfer Information:

Alliance Aviation Group, LLC

Bank Name: PNC Bank
Bank Address: 249 Fifth Avenue, Pittsburgh, PA 15222

Routing #:

Credit Card Form

Cardholder Name Annette Gri ffi n

Credit

Expiration Date

Security Code

Billing Address
1302 P1 easant Ri dge Rd l Greensboro, NC 27405

Mobile Phone Number

DevwEigpvil 117:

Cardholder Signature
arif61A,
ortque

Arnount
150000

Please check that you have included the following:

Front of Credit Card

Back of Credit Card

Copy of Cardholder Drivers License

Petforctnrc, 4+ nrni en D.n. A nf A

Reference #4184 Alliance Aviation Group Page 5 of 5