AIRCRAFT CHARTER TERMS AND CONDITIONS
Customer is advised that Jetflo SA is not an aircraft operator and enters this agreement neither as a carrier nor as the agent of any carrier.
1. Definitions
“Act of Insolvency” If the Operator becomes insolvent, makes an assignment for the benefit of its creditors, ceases to do business, or if any bankruptcy, reorganization, arrangement, insolvency, or liquidation proceeding or other proceeding under any bankruptcy or other law for the relief of debtors is instituted by or against the Operator and not dismissed within 90 days.
“Additional Services” Include (without limitation), hotels, non-standard catering, airport shuttles, SATCOM services (i.e wi-fi and inflight telephone), VIP transfers, VIP Lounges, Luxury and/or Passenger taxes and other requested extra services.
“Agreement” These Charter Terms and Conditions including the Aircraft Charter Services Contract and any subsequent written amendments agreed between the parties.
“Aircraft Charter Services Contract” the binding contract between Jetflo and Customer setting out the terms for the supply of the Flight and any Additional Services.
“Convention” The Convention for the Unification of Certain Rules relating to International Carriage by Air signed at Warsaw (1929) or that Convention as amended by the Hague Protocol (1955) or either or those instruments as amended by the Montreal Protocols (1975) and Guadalajara Convention (1961); or the Montreal Convention (1999); or Regulation (EC) 2027/97 as amended by Regulation (EC) 889/2002; as such instruments may be amended from time to time.
“Exceptional Charges” Include (without limitation) over flight permissions, war risk insurance premium surcharges, de-icing, fuel surcharges, and additional crew costs.
“Flight” Any flight booked with the Operator on behalf of the Customer as set out in the Aircraft Charter Services Contract.
“Force Majeure Event” Includes an event or circumstance beyond Jetflo’s reasonable control caused by adverse weather conditions, mechanical breakdown, unexpected flight safety shortcomings, security, health risks including Covid 19 restrictions, industrial action, air traffic control decisions, airspace or airport restrictions or closure, unexpected exercise of authority by government or other competent authority including border closures, withdrawal of traffic rights, political instability, strikes, terrorism or war.
“Operator” The third party independent air carrier booked by Jetflo to operate Flights for the benefit of the Customer.
“Permissions” Customs and immigration permits, operational restrictions, take-off and landing slots, other permits and requirements.
“Price” the amount payable by Customer as set out in the Aircraft Charter Services Contract.
“Taxes” All taxes, federal, state, local and foreign taxes, charges, imposts, duties and excise taxes and other similar amounts (including associated interest and penalties) imposed by any authority relating to the provision of services to Customer under this Agreement. This does not include taxes imposed in any jurisdiction on Jetflo net income, net profits or net gains.
2. Charter Quote
2.1 All Flights remain subject to availability until all 3 following conditions are satisfied: i. Customer has signed the Aircraft Charter Services Contract and; ii. Customer has complied with applicable payment terms and; iii. Jetflo has advised receipt of written confirmation from the Operator as indicated by returning a countersigned copy the Aircraft Charter Services Contract to Customer.
2.2 Unless otherwise specified, the Aircraft Charter Services Contract includes the cost of the aircraft and positioning, crew, maintenance, insurance, air navigation and airport charges, taxes, fuel costs, and standard catering in Europe; and excludes any Additional Services and Exceptional Charges.
3. Charter Quote Changes
Any requested changes to the Aircraft Charter Services Contract are subject to availability, Operator approval, Permissions, and any ensuing additional costs. Jetflo will work with the Operator to accommodate requested changes where possible.
4. Cancellation and Refund
In the event of (i) cancellation of a booking by Customer, (ii) a delay or no show of any Passenger and/or Customer leading to the cancellation of the Flight, cancellation charges will be payable to Jetflo in accordance with the following terms unless otherwise specified in the Aircraft Charter Services Contract.
5. Payment
5.1 The Price is due in full before the first Flight departure and or upon immediate receipt of a payment request in line with Operators terms and conditions. Customer understands and agrees that meeting this deadline is an essential condition (“obligation de résultat”) of this Agreement which until complied with means all Flights will remain subject to availability and may be cancelled by Jetflo without any liability to Customer.
5.2 All known amounts payable under this Agreement must be paid without set-off and net of bank charges by bank transfer, unless there is insufficient time prior to the Flight. In this event, Jetflo may accept payment by credit card which will be subject to a non-refundable transaction-processing fee of 3%. All payments must be made in the currency stated on the Aircraft Charter Services Contract.
5.3 Flights and Additional Services are supplied inclusive of VAT at the applicable rate.
5.4 Customer is advised some Additional Services and Exceptional Charges may not be known prior to the Flight departure and will become due after the Flight. JetFlo will advise Customer of any such additional amounts due within 48 hours of arrival of the Flight and will issue a definitive invoice to Customer as soon as JetFlo receives an invoice from the Operator or third party service provider. Invoiceswill be payable within xx days
6. Customer Delay
The Price will remain payable in full and Customer shall indemnify Jetflo in respect of losses, claims, damages, fees, liabilities or expenses suffered by Jetflo where the events specified below arise.
i) if the performance of any Flight or Additional Service is impeded, prevented or delayed by any act or omission of Customer, anyone under Customer’s control or acting on Customer’s behalf (including, without limitation, any passenger or any goods arriving late for the Flight, failure to supply complete and correct advance passenger information or health certifications); or
ii) if a Flight diversion to an airport not specified in the Aircraft Charter Services Contract is due to any act or omission of Customer or Customer’s passengers including (without limitation) Customer or Customer’s passengers acting in any way (or threatening to act in any manner) likely to jeopardize any aircraft or any person or property therein or elsewhere or disobeying the lawful authority of the commander of the aircraft or breaching any applicable law relating to their use of, or travel aboard, the aircraft before during or after any Flight.
7. Force Majeure
7.1 The Price will remain payable to Jetflo if delay, cancellation or non or partial performance of any Flight or any Additional Service is due to circumstances beyond Jetflo or the relevant Operator’s or Additional Service provider’s reasonable control (as applicable) including (without limitation) the occurrence of a Force Majeure Event.
7.2 Operator in their capacity as the Flight carrier shall be entitled at their discretion to depart from the agreed flying schedule for any cause beyond their reasonable control such as a diversion or a Force Majeure Event. In this case Operator and Jetflo shall work towards assisting Customer reaching their original destination per the Charter Quote however the Customer shall hold harmless and indemnify Jetflo against any additional expenses incurred as a result.
8. Limitations of Liability
8.1 All warranties, conditions, representations whatsoever implied by statutory or common law are, to the fullest extent permitted by law, excluded from this Agreement.
8.2 Nothing in this Agreement excludes Jetflo’s liability for death or personal injury caused by its negligence or fraudulent misrepresentation.
8.3 Save as provided in clause 8.2, Jetflo does not undertake any responsibility to Customer (or assume any liability to Customer) for the aircraft, Operator’s flight operations and services, or Additional Services and Customer is not entitled to assert any such responsibility or assumption of liability on the part of Jetflo for any direct damages or losses (whether resulting from negligence or otherwise) relating thereto unless caused by Jetflo’s willful misconduct. For the avoidance of doubt, this includes liability to the Customer for any direct damages or losses resulting from the delay, cancellation, non or partial performance of any Flight or any Additional Service to be provided to Customer.
8.4 Subject to clauses 8.2 and 8.3 above, Jetflo’s aggregate liability in contract for misrepresentation or otherwise arising in connection with the performance or contemplated performance of this Agreement shall not exceed the Price.
8.5 Notwithstanding the above, Jetflo will not be held liable in any event for any indirect or consequential loss or damage (including, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) arising from any act, omission, negligence, or default on the part of Jetflo its employees, sub-contractors or agents.
8.6 Any claims under this Agreement must be brought to the attention of Jetflo by Customer within 2 years of the performance of the services hereunder.
9. Convention Notice
Whilst Jetflo SA is not a carrier under this Agreement, for the purposes of the Convention, Customer is reminded of the following:
“If a passenger’s journey involves an ultimate destination or stop in a country other than the country of departure, the Convention may apply. The Convention governs and may limit the liability of the carrier for death or personal injury or loss of or damage to baggage and for delay. Customer shall ensure that details of this notice are given to each passenger before embarkation on the aircraft.”
10. No Contract of Carriage
10.1 This Agreement is not a contract of carriage and nothing in this Agreement will be interpreted on that basis. Jetflo is not a contracting carrier for the purposes of the Convention or otherwise. Operators have sole operational control over all aircraft. Jetflo has no discretion or responsibility regarding operational matters, including (without limitation) whether a Flight is carried out and the loading of the aircraft. All safety, security and operational matters are in the absolute discretion of the pilot in command.
10.2 Customer acknowledges that Operator has sole responsibility, liability and control of all aspects of the aircraft charter services provided, including without limitation, planning and performance of the Flight, selection of the aircraft and flight crew, aircraft availability and pricing, the commencement and termination of Flights, the operation, regulation and safety of the Flight. Customer acknowledges that Jetflo arranges all Flights and Additional Services as Customer’s agent.
11. Travel documents
11.1 Customer is responsible for obtaining and holding prior to the Flight all travel documents Customer and Customer’s passengers need for any country being visited (even as a transit passenger) and, if requested, must show to Operator all required passports, visas, health certificates and other travel documents.
11.2 Customer must complete (or provide the necessary information and documentation for completion by Operator) prior to the Flight, all documents required by applicable law supplied by Jetflo or Operator and ensure that such all documents are delivered prior to the Flight to passengers and owners of cargo, as applicable.
11.3 At its cost, Customer must comply with (and ensure that all passengers and owners of freight carried will observe) all applicable laws, rules and regulations relating to carriage of persons and goods, including (without limitation) IATA Dangerous Goods and Live Animals Regulations, customs, police and public health regulations.
11.4 Jetflo shall not be responsible or liable in any way to the Customer in connection with obtaining the necessary documents or complying with such laws, regulations, orders, demands, requirements or instructions, whether given orally or in writing or otherwise, or for the consequences to the Customer resulting from the Customer’s failure to obtain such documents or to comply with such laws, regulations, orders, demands, requirements or instructions. Despite the Advanced Passenger Information (including Customer’s passport data) that Jetflo must provide to destination airports in advance of the Customer’s flight, it remains the Customer’s sole responsibility to ensure that the Customer is eligible to enter any state or territory and the provision of this information by the Jetflo to the destination airports does not imply any acceptance or eligibility for the Customer or the Customer’s passengers to any enter State or Territory.
12. Operator Flight terms and conditions
Customer acknowledges having been provided an opportunity to review Operator’s terms and conditions of carriage and agrees to abide by the relevant provisions of the terms and conditions as a passenger or aboard the Flight. In addition to the Operator’s terms and conditions, Customer agrees to abide by the following provisions. In case of inconsistency between the provisions of this clause 12 and the Operator terms and conditions, the Operator terms and conditions shall prevail.
12.1 Contraband
Customer and Customer’s agents, guests, passengers or any employees thereof must not engage in any act or allow any person aboard the Aircraft or possess any substance or allow cargo to contain any substance which may result in the seizure or forfeiture of the Aircraft or cause it be operated for an unlawful purpose or unsafe manner.
12.2. Passenger Baggage
Passenger baggage weight is limited for flight safety reasons and varies according to aircraft type. The Operator terms and conditions relating to baggage will apply to Customer. Any items determined by the Flight crew to be of excessive weight or size will not be permitted on the Aircraft and any costs related thereto will be the sole responsibility of Customer.
12.3. Prohibited or Dangerous Goods
Prohibited or dangerous goods must be declared as per prohibited and dangerous goods regulations a copy of which is available on demand. Goods must be packaged and marked correctly according to the appropriate authorities.
12.4. Smoking
The Aircraft Charter Services Contract will state whether smoking is permitted on board the aircraft or not. Additional costs for cabin cleaning will be charged to Customer if smoking isn’t permitted and Customer nevertheless smokes in the aircraft.
12.5 Indemnification
Customer agrees to hold harmless and indemnify Jetflo and Operator for any direct and indirect costs incurred as a result of the Customer and/or passengers not complying with the requirements of this clause 12 and Operator’s conditions of carriage, such costs including but not limited to fines and cost of passenger repatriation.
16. Termination
At its option, Jetflo may terminate this Agreement by notice to Customer if performance of any of the Flights is prevented or impeded by any event or circumstance beyond Jetflo or the Operator’s or Additional Service provider’s reasonable control including (without limitation) by a Force Majeure Event or the Operator committing an Act of Insolvency. In this case, Jetflo will refund to Customer the pro rata amount of the Price already paid and use its reasonable endeavors to help Customer find an alternative travel solution. Other than this, Jetflo will have no further liability or responsibility to Customer.
17. Miscellaneous
17.1 The parties agree that the relationship created by this Agreement is that of an independent contractor. This Agreement will not be interpreted as creating a joint venture, partnership, agency or other form of association or cooperative arrangement between the parties.
17.2 If one or more of the provisions of this Agreement are held to be wholly or partly invalid, void, illegal or unenforceable, the remaining provisions of this Agreement will be unimpaired. The invalid provision will be deemed severable and will be replaced by a mutually legal and acceptable provision, which comes closest to the parties’ intention for the invalid provision.
17.3 The failure by either party to enforce at any time or for any period any one or more of the terms and conditions of this Agreement will not be a waiver of them or the right at any time subsequently to enforce all terms and conditions of this Agreement.
17.4 This Agreement is not intended to and does not give any person who is not a party to it any right to enforce any of its provisions.
17.5 The rights and remedies stated herein are cumulative and not alternative or exclusive of each other or any implied by law.
17.6 Customer may not assign any of its rights or duties without Jetflo’s prior written consent.
17.7 This Agreement sets out the entire agreement between the parties, supersedes all previous agreements on the same subject matter and may only be varied by further written agreement. Each party acknowledges that in entering into this Agreement it has not relied on any representation or warranty except those expressly set out in this Agreement.
17.8 Jetflo will collect and process personal data which is necessary in order to provide the service requested by Customer. The collection of the personal data is subject to Jetflo’s privacy policy a copy of which is available at www.jetflo.com. Customer hereby agrees and consents to Jetflo sharing necessary Customer personal data to the Operator(s) in order to perform the services hereunder.
17.9 The parties agree that this Agreement is governed by the laws of Switzerland. The parties irrevocably agree that the courts of the Canton of Geneva shall have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, the Agreement.
Last revision date:06/11/2022