TERMS OF SERVICE
This website is operated by Privatjetme. Throughout the site, the terms “we”, “us” and “our” refer to Privatjetme. Privatjetme offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or making a reservation for a business fly 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.
Please read these Terms of Service carefully before accessing or using our charter fly and cargo . 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 store 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.
Our website is providing private aircraft , yacht , cargo for sale as leasing on privatjetme.com.
PRIVATJETME AIRCRAFT CHARTER SALES GENERAL TERMS AND CONDITIONS
These Aircraft Charter Sales General Terms and Conditions (the "Terms") form an integral part of the Charter Flight Quotation issued to a privatejetme customer (hereinafter the "Customer") by private jet me company ( private jet me Aviation AG, private jet me Management AG, private jet me Luxembourg Limited, (hereinafter individually or collectively "private jet me ") and countersigned by Customer. The proposal made to the Customer by private jet me in the Charter Flight Quotation is a non-binding proposal without contractual obligation and remains subject to aircraft availability, owner's approval, traffic rights and other potential conditions precedent appearing on the Charter Flight Quotation (the "Conditions Precedent"). By countersigning the Charter Flight Quotation, the Customer accepts that as soon as, but in no event before, privatejetme issues the Charter Flight Confirmation, thereby confirming the satisfaction of all Conditions Precedent, the Contract (as this term is defined below) is entered into between the Customer and privatejetme, without the need for countersignature of the Charter Flight Confirmation by Customer.
1. Purpose. The Charter Flight Quotation, the Charter Flight Confirmation and these Terms shall constitute together a contract of carriage between the Customer and the relevant private jet me company (the "Contract") for the transport of passengers and/or goods from the point of departure to the point of destination as stated in the Charter Flight Confirmation. In case of conflict between these Terms and the Charter Flight Quotation, the latter shall prevail. The Customer acknowledges on behalf of the passengers it represents, and warrants its authority to give such acknowledgement on their behalf, that no contract of carriage will exist between the Customer's individual passengers and privatejetme , notwithstanding the issue to them of a passenger ticket by private jet me. Changes to the Contract are valid only if confirmed in writing by private jet me and the Contract shall prevail over any and all other terms and conditions of the Customer. Consequently, all clauses and/or conditions appearing on letters, emails, faxes, receipts and/or other documents issued by the Customer before or after entry into force of the Contract shall not be binding on private jet me .
2. Aircraft specific. The flights covered by the Contract are aircraft specific and are therefore subject to aircraft availability. private jet me reserves the right at any time to provide the Customer with similar aircraft at the same cost should the booked aircraft be unavailable for any reason whatsoever. If no alternative aircraft can be found, private jet me further reserves the right to cancel any or all of the flights under the relevant Contract, and neither party shall have any claim or liability against the other in respect of such cancelled flight or flights other than the obligation for private jet me to return to Customer an amount equal to the amounts previously paid by Customer in respect of the relevant flight or flights.
3. Inclusive of Price. The price of the Contract includes the following: (i) aircraft costs including insurance, fuel and maintenance, (ii) air navigation fees (iii) crew costs including allowances, meals, accommodation and surface transportation, (iv) in-flight catering, and (v) passenger and cargo insurances and taxes. The price remains however subject to industry and related fuel price and exchange rate fluctuations. Contract prices are calculated on the assumption of a reasonable amount of luggage per passenger. private jet me reserves the right to charge additional costs for carriage of oversized or overweight cargo or luggage.
4. Exclusive of Price. The price of the Contract excludes the following: (i) surcharges of any type including but not limited to surcharge on fuel, cargo, FBO or insurance including but not limited to war risk insurance (ii) air navigation surcharges in particular navigation fees for Indian and Chinese airspaces, (iii) all airport charges (iv) de-icing of aircraft (including for positioning and repositioning flights), (v) extra catering and special catering requests such as, but not limited to, caviar and special wines or spirits, (vi) special cargo requests, (vii) satellite phone and internet connection, (viii) installation of decals on aircraft fuselage, (ix) ground transportation, (x) credit card surcharges, and (xi) any other extra charge due to weather conditions or flight delays or diverted landings determined by Air Traffic Control or other relevant authorities. The cost of the above will be invoiced separately at cost after the flight has occurred and after receipt by private jet me of the invoice from the relevant supplier or service provider and immediately reimbursed to private jet me by the Customer. private jet me reserves the right to charge a ten percent handling fee for such invoices
5. Currency. The price of the Contract is stated in the currency indicated on the Charter Flight Quotation and payments shall be made in the same currency.
6. Brokerage. If the Contract is made with a broker purchasing the Charter Flight for resale, the broker and the actual customer shall be jointly and severally liable to private jet me for the fulfilment of all payment obligations. privatejetme offers to brokers are net and do not include any commission.
7. Payment Terms.private jetme shall issue an invoice concurrently with the issuance of the Charter Flight Confirmation. The Customer shall make payment of the price by the time specified on the invoice but unless otherwise stated payment shall have been received in full by private jet me at the latest 72 hours from receipt of the invoice or 72 hours prior to departure whichever is earlier. The flight will only be firmly booked once the full price has been paid and private jetme shall be under no obligation to perform flights before payment by Customer of the full price. If the Customer fails to make any payments at the time and in the amount specified in the invoice, private jetme may, by written notice, terminate the Contract with immediate.
effect. All payments shall be made by bank transfer to the bank account the details of which shall be stated on the invoice or by credit card (additional fees may apply).
8. Cancellation Fees. If after issuance of the Charter Flight Confirmation (i) a flight is cancelled by the Customer or the passengers, (ii) the Customer requests a schedule change which privatejetme cannot accommodate, or, (iii) privatjetme is prevented from performing the flight due to any act or omission of the Customer or any passenger, then the flight shall be deemed cancelled by the Customer and unless otherwise stated in the Charter Flight Quotation, the following cancellation fee (expressed below as a percentage of the total price of the Contract) will be paid by Customer, or retained by privatjetme from the amount already paid by Customer, as the case may be:
- More than 10 days prior to departure: 30%
- Between 6 and 9 days prior to departure: 50%
- Between 3 and 5 days prior to departure: 75%- Less than 48 hours prior to departure: 100%
If a positioning flight to the point of departure is necessary, then the above cancellation fee periods will be considered from the time of cancellation to the date of departure of such positioning flight.
9. Force Majeure. privatjetme reserves the right at any time to cancel, postpone or redirect a flight or provide the Customer with another similar aircraft at the same cost in the event that the flight cannot be performed with the booked aircraft due to reasons beyond its control, including but not limited to, acts of God or public enemy, war, civil war, warlike events, terrorism, infringement of a country's neutrality, sabotage, hijacking, insurrections or riots, requisition, confiscation, expropriation, seizure, fires, floods, explosions, earthquakes, natural disasters, weather conditions, epidemics or quarantine restrictions, compliance with applicable law, regulations or orders, any act of any third party, any act of government, governmental priorities, allocation regulations or orders, strikes or labour troubles, general hindrance in transportation, serious accidents, aircraft accident, technical reasons, failure of a sub-contractor or supplier to furnish services, materials, accessories, equipment or parts, failure of Customer to perform its obligations under the Contract, passenger delays, other force majeure event of any nature, or when the safety of the passengers or of the crew can reasonably be assessed to be in danger, at the discretion of the captain or of any privatejetme personnel. privatejetme shall in no event be held liable or found to be in default for any such cancellation, postponement, redirection or provision of alternative aircraft resulting from the above mentioned circumstances. In the event that the above happens before the first leg of the flight stated in the Contract started or before the positioning flight to the first departure point, and privatejetme exercises its above right to cancel the flight, privatejetme shall credit the Customer with an amount corresponding to the flight in question minus all expenses already incurred. In the event that the above happens en-route, any cost arising from such changes or delays will be invoiced separately at cost and shall become payable by the Customer, excluding the cost of repairing the aircraft, but including the cost of arranging an alternative aircraft.
10. Passenger and Cargo Entry Documents. Passengers are responsible for ensuring that they have the necessary valid travel documents and visas for entering their destination. privatjetme takes absolutely no responsibility with regard to compliance with the regulations governing passenger entry. Should there be any costs due to the lack of required entry documents of passengers or cargo, the Customer shall compensate privatjetme for any such costs.
11. Passenger Baggage - Pets. Passenger baggage weight is limited for flight safety reasons, mission requirements, volume, aircraft loading capability and aircraft certified limitations and varies in between aircraft types. Items determined by the crew to be of excessive weight or size will not be permitted on the aircraft. No animals of any kind may be transported unless specific written agreement shall have first been obtained from privatjetme. If accepted by privatejetme, Customer must ensure the necessary documentation is in place including but not limited to health and vaccination certificates, entry permits, transit permits and exit permits. Customer will comply, at its cost, with all requirements imposed by privatejetme, in particular as regards the conditions of transport (cage, box of other retaining item for the animal.privatjetme assumes absolutely not liability in respect of any injury, death, quarantine measures or whatever other measures that may affect animals transported on-board the aircraft.
12. Passenger List. Customer will provide privatjeteme with the list of passengers (including full name and passport copy) scheduled to be on-board each Charter Flight and will notify privatejetme of any changes as soon as possible and in advance. Customer acknowledges that privatjetme is bound by international regulation relating, inter alia, to cabotage (flights that drop-off and pick-up passengers within the same country or region) which may limit en-route changes to the original list of passengers. Customer accepts to be bound by privatjetme decision regarding the legality of any changes made to the passenger list after the start of a Charter Flight.
Prohibited or Dangerous Goods.Goods declared as dangerous goods must be declared in accordance with the IATA Dangerous Goods Regulations. These Regulations are attached to these Terms for ease of reference. Passengers are advised that the following items and/or materials are PROHIBITED on board aircraft: explosives (ammunition, fireworks, flares); flammable liquids or gas; high-power lithium batteries (more than 160Wh); oxidizing substances; toxic and infectious substances; corrosives substances; drugs; poisons; radioactive materials; magnetized materials and other materials on the list of the IATA Dangerous Goods Regulations. Furthermore, passengers are advised that lithium battery
12 operated Portable Electronic Devices (PEDs) such as mobile phones, electronic readers, tablets, personal computers (PCs), laptops, MP3 players, or electronic cigarettes must not be placed in checked baggage but may only be carried in carry- on baggage or on person. Any spare batteries shall be secured and insulated from each other.
13 Sanctions. The Customer (including, for the avoidance of doubt, any passenger) warrants that it is not included or, owned or controlled by, acting on behalf of, or affiliated with entities or persons included on any relevant sanctionedperson lists or otherwise subject to any sanctions or similar restrictions. Further, the Customer warrants that it shall not act (or fail to act) in a way which could cause a potential infringement of any applicable sanctions, and shall indemnify Comlux against any loss, damage, liabilities costs or expenses of whatsoever nature caused to suffered or incurred by Comlux and its officers, employee's agents, insurers or subcontractors arising out of any act or omission of the Customer in relation to applicable sanctions.
14 Smoking. Smoking is strictly prohibited at all times on all privatejetme flights unless specific arrangements are agreed in writing between the parties. Failure to comply may result in flight cancellation for Customer default, extra charge for damage and cleaning.
15. Indemnification. The Customer hereby indemnifies privatejetme from any claim, damage or cost which privatejetme, the Customer or any third party may suffer from the flight (including any damage caused by the passengers to the aircraft cabin during a flight), other than claims, damages or costs caused by Comlux gross negligence or willful misconduct. privatejetme shall in no event be liable for any consequential losses or damages under the Contract.
16. Severability. If any one or more clauses of these Terms are found to be illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining clauses shall not in any way be affected or impaired thereby.
17. Counterparts. The Contract may be executed in multiple counterparts, each of which shall constitute an original and each of which may bear the signature(s) of one or both of the parties hereto, but all of which together shall constitute but a single instrument. The parties agree that a counterpart of the Contract bearing a photocopy, electronic, PDF or facsimile copy of a party's signature shall be as fully admissible as a counterpart bearing such party's original signature in proving such party's execution of the Contract.
18. Personal Data. By providing its personal data (name, address, passport copies, etc), the Customer and any passenger agree and acknowledges that privatejetme will be entitled to process and use (electronically or by data processing) the personal data provided by the Customer and/or the passengers for the purposes of facilitating and meeting mandatory entry and exit procedures of certain countries and to transfer these data referring to the transport to domestic and foreign governments or other authorities or to other air carriers. Customer understands that Comlux and air carriers in general are bound by legal and governmental obligations to transfer personal data of passengers to the respective authorities in various countries (United States of America and Canada in particular), if the destination or transit airport is situated in one of those countries.
19. Captain in Command. The Customer acknowledges that in order to ensure the safety of the aircraft, the passengers and the crew, the Captain in command shall have absolute discretion to take decisions concerning the operation of the aircraft. The Customer agrees that any and all decisions of the Captain shall be binding upon the Customer and all passengers. The Customer shall be responsible for any failure by the passengers to privatejetme with any decision of the Captain. In the event that is necessary, in the Captain's sole discretion, for any flight to be diverted in order to remove any passenger whose conduct or physical condition is such that it may or has created any hazard or risk to that passenger or the other passengers, the crew or the aircraft, the Customer shall indemnify privatejetme in full against any costs, claims, demands, liabilities, actions and proceedings of any kind whatsoever incurred by the privatjetme as a result of such diversion.
20. Montreal Convention. The Contract and the transportation and carriage performed or to be performed thereunder on international flights may be governed by the rules and limitations relating to liability established by the Montreal Convention on the Unification of Certain Rules for International Carriage signed in Montreal on 28 May 1999 ("Montreal Convention") and related Protocols, which rules and limitations shall, to the extent the Montreal Convention is applicable, apply to the flight(s) performed under any Contract. The Montreal Convention governs and in most cases, limits the liability of carriers in respect to loss of or damage to cargo. Applicable Law. The Contract shall be governed by and construed in accordance with the laws of Malta. Any and all disputes arising from or in connection with the Contract, including its formation and validity, shall be subject to the exclusive jurisdiction of the courts of the Luxembourg.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our airplane , yacht and cargo for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including name information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Val st André 20-47, Luxembourg, D, 1128, Luxembourg.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at privatjet@eventccwtouch.eu.