Terms of Service
SECTION 1. OVERVIEW
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
These Terms of Service shall apply to all contracts for the charter of Aircraft by Customers as arranged by Jetter acting as agent for an operator and/or a flight initiator and/or Customers, as the case may be.
For the avoidance of doubt, these Terms of Service do not constitute a contract for carriage by air. Carriage is always subject to the Conditions of Carriage of the Operator.
Customers and flight initiators accept that Jetter shall have no liability with respect to the operation of the itinerary or aircraft and that any claims arising out of such operation must be directed to the operator.
Jetter may at any time amend these Terms of Service in its absolute discretion although existing bookings shall remain governed by the Terms of Service applicable at the time of booking.
SECTION 2. DEFINITIONS AND INTERPRETATIONS
The following terms shall have the following meaning, except where the context otherwise requires:
“Aircraft” means any aircraft for the time being operated by an Operator for provision of an itinerary;
“Booking Confirmation” means the confirmation provided by a Customer to confirming the preferred Charter Price, Itinerary and Aircraft;
“Confirmed Itinerary” means an Itinerary confirmed to a Customer by following receipt of a Booking Confirmation and applicable Charter Price;
“Charter Offer” means each electronic confirmation provided by Jetter to Customer in response to a Charter Request including, inter alia, the offered Charter Price, the offered Itinerary, the offered Aircraft and the applicable Operator Terms;
“Charter Price” means the price payable by a Customer for the charter of as Aircraft as confirmed in any Charter Offer;
“Charter Request” means any itinerary requested by a Customer through Jetter;
“Itinerary” means the flight, series of flights (including any Positioning Flights) as determined by Jetter or a Customer, as the case may be, and shall include places of departure, places of destination, any stopping points and any departure and arrival times;
“Customer” means any person entitled to booking services provided through Jetter;
“Operator” means an independent licensed air transport undertaking that is the operator of an Aircraft for any Confirmed Itinerary;
“Operator’s Terms” means the terms pursuant to which an Aircraft as provided for Confirmed Itinerary;
“Passenger” shall mean any person(s) whose Itinerary has been booked and paid for through Jetter;
“Positioning Flight” means the flight sector(s) forming part of a Confirmed Itinerary on which a Customer or his Passengers are not passengers on the Aircraft;
“Parties” means Jetter and/or Customers, as the case may be;
Jetter means Atelier360 Limited (trading as Jetter) of 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ.
SECTION 3. GENERAL
Jetter, acting as an agent for its Customers, shall contact Brokers and Operators in relation to Charter Requests.
Carriage performed pursuant to these Terms of Service shall be subject to the Operator’s Terms. Customers hereby acknowledge and accept that Jetter shall have no liability whatsoever with respect to the operation of the Confirmed Itinerary or the Aircraft and that any claims arising out of the operation of the Confirmed Itinerary or Aircraft must be directed to the Broker or Operator.
Customer’s shall be solely responsible for arriving at the specified check-in point at the departure airport in sufficient time and complying with Operator’s Terms, including but not limited to luggage restrictions, the carriage of pets and behaviour onboard aircraft. In the event that a Customer fails to arrive in sufficient time in order to participate in a Confirmed Itinerary or is denied boarding on account of his failure to comply with the Operator’s Terms, Jetter shall be under no liability whatsoever to the Customer, nor shall it be under any obligation to make alternative travel arrangements for the Customer.
For the avoidance of doubt, Jetter is not a “contracting carrier” for the purpose of the Montreal Convention 1999.
Customers accept full responsibility for the conduct of all Passengers included on their Confirmed Itineraries. The Customer acknowledges that in respect of the contract of carriage by air of each Passenger it acts as the Passenger’s agent. All liabilities in relation to the carriage by air of Passengers and their baggage shall be governed by the conditions of carriage of the Operator as set out in the Operator’s Terms. The Customer shall ensure that each of its Passengers receives proper notice of the carrier liability provisions and has received and agreed to the terms and conditions of carriage set out in the Operator’s Terms incorporated into any Charter Offer prior to a Booking Confirmation being made.
Customers acknowledge that the maximum number, weight and dimensions for both carry on and hold baggage will be stipulated in the Operator’s Terms. Customers further acknowledge that failure to comply with these requirements may result on the Operator refusing to carry their baggage on the Aircraft and that Jetter assumes no liability whatsoever for such refusal.
In the event that a Customer fails to take a flight or flights forming part of a Confirmed Itinerary the Customer shall not be entitled to any refund from Jetter in respect of monies paid for the Confirmed Itinerary concerned, regardless of the reason for the failure to the applicable flight(s).
For the avoidance of doubt, these Terms of Service do not constitute a contract for carriage by air. Carriage is always subject to the Conditions of Carriage of the Operator’s Terms.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
SECTION 4. AIRCRAFT CHARTER
A customer must submit a Charter Request through the Jetter website for any Required Itinerary. Jetter shall promptly provide Charter Offers in response to Charter Requests received, which the customer may accept by way of Booking Confirmation.
Acceptance of the Charter Price is deemed to have occurred upon receipt by Jetter of a Booking Confirmation and Jetter shall, upon receipt of a Booking Confirmation and the Charter Price, issue the applicable Customer with a Confirmed Itinerary.
Any changes to a Confirmed Itinerary are subject to the Operator’s Terms.
If upon receiving the Booking Confirmation and Charter Price, Jetter receives notification from the relevant Operator that the Itinerary int he Booking Confirmation is no longer available, Jetter will either offer (i) a full refund of the Charter Price or (ii) an alternative Charter Offer based on the original Charter Request received, which will include reference to any additional Charter Price due or to be refunded. A Confirmed Itinerary will only be generated once any additional Charter Price due has been received by Jetter.
Following the issue of a Confirmed Itinerary a Customer may not cancel a booking, notwithstanding any rights that may otherwise exist under the Operator’s Terms.
Jetter shall be entitled to cancel a Confirmed Itinerary in its absolute discretion prior to commencement. Where Jetter elects to cancel a Confirmed Itinerary, any monies received from Customers will be reimbursed in full and subject always to the provisions of the Operator's Terms.
Customers accept that Jetter has no liability for the operation of any Aircraft pursuant to any Confirmed Itinerary and accept that any claims regarding the operation of the Aircraft pursuant to any Confirmed Itinerary must be directed to the Operator.
Jetter shall be under no obligation to a Customer or any other Passenger on a flight forming part of a Confirmed Itinerary in respect of any variation to or can cancellation of a Confirmed Itinerary by the Operator (regardless of the reason thereof) and each Customer hereby acknowledges to Jetter that in any such event they shall only have recourse against the Operator.
Jetter shall be under no liability to any Customer for any failure by Jetter to perform its obligations under these Terms and Conditions arising from any reason beyond Jetter’s control, including force majeure which shall include but not limited to labour disputes, strikes or lock-outs.
Carriage performed under these Terms of Service shall be subject always to the Operator’s Terms.
SECTION 5. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
Jetter is not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. Jetter reserves the right to modify the contents of this site at any time, but has no obligation to update any information on the Jetter site. You agree that it is your responsibility to monitor changes to the Jetter site.
Occasionally there may be information on the Jetter site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. Jetter reserves the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Service or on any related website is inaccurate at any time without prior notice.
Jetter undertakes no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 6. PAYMENT
Jetter’s client deposit account details for receipt of any Charter Price will be confirmed to its Customers in writing at the time of Booking Confirmation.
SECTION 7. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
In no case shall Jetter, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
SECTION 8. SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 9. ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 10. GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with English Law.