This Legal Policy of Aero Private Jet determines the conditions of use for users of websites’ and/or webpages’ materials and services, located on www.aeroprivatejet.com (hereinafter – the Site).This Legal Policy is not an agreement for air or water transportation and no such agreement is or will be entered into between the User and Aero Private Jet
General provisions
1.1. Aero Private Jet provides air and water carriers services to Users (hereinafter the “User” meaning both “User” individually and “Users” collectively) on the basis of the invoice provided by Aero Private Jet.
1.2. Payment for water and carrier services based on the invoice issued by Aero Private Jet in favor of the User the means his agreement with conditions of this Legal Policy. This agreement of the User is equal to the written contract between User and Aero Private Jet.
1.3. The Site aeroprivatejet.com (hereinafter the “Site”) is a charter trip services market and Aero Private Jet only acts as a broker between carriers and the User.
Booking Services and Cancellation Policy
2.1. In case of booking cancellation by the User, Aero Private Jet may charge percentage of the On Demand Price, depending on the amount specified in the invoice issued by Aero Private Jet in favor of the User.
2.2. Aero Private Jet bears no liability for any cancellation of an agreement between the User and carrier or of a charter trip by the carrier. In case of such cancellation, Aero Private Jet may, at its own consent, offer a replacement of the carrier or reimburse any amounts. Aero Private Jet is not responsible for damages arising out of or relating to the cancellation of any charter trip or services.
2.3. Liability of Aero Private Jet shall be limited in following circumstances:
2.3.1. Aero Private Jet does not provide air and/or water transportation services and does not assume liability for any injury, damage, death, loss, accident or delay due to any action or omission of carriers or third parties in connection with charter trip and third parties’ services.
2.3.2. Aero Private Jet is not a participant of any carrier’s and User’s agreement and bear no obligation in relation thereto. It is the User’s responsibility to ensure, prior to entering into any agreements, that the User and all third parties are legally authorized to undertake the charter trip, including but not limited to, holding valid passports, visas, invitations, sponsorships, according to the laws of the countries of departure and arrival.
2.3.3. All products, services, information available on the Site are provided on “as is, as available” basis, without any warranty of any kind, either express or implied. In particular, without limitation, no warranty is made regarding the acceptance of any Request; regarding the availability of services on the Site or by a carrier; regarding the completeness, accuracy, reliability or quality of any information provided or available through the Site; regarding the performance or nonperformance of charter trips by carriers; that the Site will be accessible or error-free.
2.4. The Aero Private Jet’s liability shall be excluded for the following:
2.4.1. any injury, death, loss, claim, damage, act of god, accident, delay, or any special, exemplary, punitive, incidental or consequential damages of any kind, whether based in this Legal Policy, tort or otherwise, which arise in any way connected with the Site use, or with any delay or inability to use the Site, or for any charter trip or other services obtained through the Site.
2.4.2. any additional expense, omissions, delays, re-routing or acts of any governmental authority.
2.4.3. any carrier’s breach of agreement or violation of law, or any other wrongdoing of a carrier (including any liability in tort), as to any services arranged through the Site.
2.4.4. any errors or delays in responding to a Request caused by technical problems beyond their control, including without limitation User error, hardware, software or transaction malfunctions. If notwithstanding any of the above, Aero Private Jet is found liable for any loss or damage relating to the use of the Site, the User agrees that the liability of any such party shall in no event exceed the fee or charge paid by the User to Aero Private Jet.
2.5. The User confirms that his use of the Site, as any charter trips or services purchased through the Site is at User’s sole risk and expense.
2.6. The User shall be solely responsible for any and all liability arising out of or relating to its relationship with:
2.6.1. third parties on behalf of which he uses the Site and enters into contractual relationships;
2.6.2. carriers, any third party and any conduct, or absence of conduct of charter trip or any additional services.
2.6.3. the User shall reimburse all harm and damage to Aero Private Jet and its investors, shareholders, officers, directors, employees, affiliates, agents, contractors, attorneys, and third party service providers and their employees from and against all claims, actions, liabilities, losses, expenses, damages and costs, including, without limitation, reasonable attorneys’ fees that may or will at any time be incurred by any of them due to User’s use of the Site, including without limitation by reason of any allegations or proceedings concerning:
2.6.4. any breach or default in any agreements with carriers and/or third parties;
2.6.5. any loss or damage to persons or property connected in or resulting from User’s operations;
2.6.6. any violation of applicable laws or regulations by the User;
2.6.7. arising out of any breach by the User of this Legal Policy.
2.6.8. in particular, the User shall be solely liable for any damage that may be caused to the aircraft, helicopter or yacht in which the User travels, by him, other passengers for which he booked a charter trip, and/or any animals.
User’s Rights and Obligations
3.1. By registering on the Site the User confirms and warrants that he is of sufficient legal age and capacity to enter into legally binding agreements, including this Legal Policy and any agreements with the carrier, as well as confirms and warrants that no restriction applies to him that would prevent him from entering into or performing any such agreement.
3.2. Pay for the trip in accordance with the amount specified in the invoice, which shall be issued by Aero Private Jet in favor of Users, including any taxes and services. In case of any payments to Aero Private Jet it will remit this payment to the carrier in accordance with the service agreement between Aero Private Jet and the carrier.
3.3. The User acknowledges and agrees that any and all materials and information contained on the Site, including without limitation, data, software, photographs, video, graphics, sounds, quotes, written and other materials (the Materials) are the property (including intellectual property) of Aero Private Jet.
3.4. Aero Private Jet gives the User a limited license to use the Site for personal purposes. In addition to the above rights to use the Site for personal (non-commercial) purposes the User does not have any rights to reproduce, display, publish, license, modify, processing, use to create derivative works, transfer or sell the content of the Site or posted information in including any other intellectual property of Aero Private Jet.
3.5. The User shall only access and use the Site to research carrier’s charter trip’s possibility, schedules and prices, make legitimate Requests to book services offered by carriers and/or Aero Private Jet. The User is obliged not to make speculative, false or fraudulent Requests. Fraudulent users will be prosecuted and will face civil and criminal liability.
3.6. The User shall not use the Site to make Requests or enter into any agreements for or on behalf of third parties unless he is legally authorized to do such actions on that third party’s behalf.
3.7. The User agrees and warrants to indemnify and hold Aero Private Jet harmless from and against any liabilities, losses, damages, claims (including reasonable attorneys’ fees), relating to your actions or omissions on behalf of any third party, including your failure to inform such third parties of all applicable terms and conditions applicable to services acquired through the Site.
Aero Private Jet’s Rights and Obligations
4.1. Aero Private Jet reserves the right to change, modify or amend these terms and conditions at any time, without prior notice of the User. As we continue to develop the Site, the Legal Policy will likely change. While any such changes will be posted prominently on the Site, we encourage you to refer to the Legal Policy on an ongoing basis, each time you visit the Site.
4.2. The Site and Aero Private Jet collate options for air and water charter trips, as well as provide other services connected with this trip.
4.3. Aero Private Jet has a right to suspend and/or cut off User’s access to all or part of the Site at any time, with or without notice and with or without reason.
Payment
5.1. SWIFT bank transfer, debit or credit card in good standing on an account authorized to charge, or by prior bank transfer to appropriate account authorized to make payments to Aero Private Jet and carriers.
5.2. Aero Private Jet deducts from the charter price a facilitation fee before remitting funds received from the User to the carrier.
Data protection
6.1. Aero Private Jet will collect and process personal data as is necessary or useful in connection with the performance of appropriate services in accordance with its Privacy Policy.
Final Provisions
7.1. This Legal Policy is equal to the entire written agreement between the User and Aero Private Jet related to the site use, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter.
7.2. This Legal Policy cannot be amended or modified except in writing or by Aero Private Jet making such amendments or modifications available on the Site.
7.3. If any clause of this Legal Policy is found invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired.
7.4 Each agreement sets out the entire agreement and understanding between the parties or any of them in connection with the charter of the aircraft, helicopter and yacht as described herein.
7.5 Any notice required to be given shall be in writing and shall be deemed duly given if left at or sent by first class post, email or facsimile message to the address herein stated of the party to whom it is to be given.
