CHARTER SALES GENERAL TERMS AND CONDITIONS PRIVATE JET FINDER (WEBSITE)
- Unless stated otherwise, Terms and Conditions defined below are to be intended as the conditions of use of www.privatejetfinder.com.
- Air operators that use www.privatejetfinder.com accept the following general terms and conditions of sale for their activities as members of PrivateJetFinder.
PrivateJetFinder: the company finding the best prices on the market directly from the air operators, in order to provide the charter services requested by the final client.
Final client: whoever requests the charter flight, then purchases it and the services connected on www.privatejetfinder.com, according to the terms and general conditions stated below.
Air operator: the airline which makes the best quotation for the flight requested by the final client, who accepts it according to the terms and general conditions stated below.
Below Terms and General Conditions, unless stated otherwise:
- "Agreement": shall mean the present Charter Sales General Terms and Conditions, the sales contract of the charter flight and any other possible special condition included or recalled in the sales contract of the charter flight.
- "Aircraft": shall mean any aircraft (including helicopters) used for every flight.
- "Selling price": shall mean the total amount indicated in the invoice/s issued by PrivateJetFinder (Aerogroup s.r.l.) in connection with a purchase (which includes the brokerage commissions for PrivateJetFinder).
- "Flight": shall mean a flight as described in the Aircraft Charter Contract.
- "Aircraft Charter Contract": shall mean the online confirmation issued by PrivateJetFinder that certifies the sale of a charter flight, in which the present Terms and General Conditions are recalled and in which the possible special conditions are indicated.
- "Aerogroup s.r.l.": shall mean the Company based in Rome, Triopio street n. 9, 00178, Italy, C.F. 09651691009
- "Members PrivateJetFinder": shall mean the subjects that use the services of PrivateJetFinder, available through the website www.privatejetfinder.com or any other mobile application made available by PrivateJetFinder.
- "Quotation request": shall be the online procedure through which the final client makes a quotation request with the flight details. PrivateJetFinder then compares the prices sent by the Air Operators, so as to satisfy the needs of the final client, creating a quotation inclusive of details and particular requests by the final client.
- “Special Conditions": shall mean every variation to the Terms and General Sales Conditions and according to which the air operator will make the flight for the final client.
2. SALE OF THE FLIGHT
The Air Operator makes the aircraft available for the final client, as specified in the Charter Sale Contract, and the final client agrees to use the aircraft according to the terms and conditions set out in the agreement (including all the special conditions known and accepted by the final client at the time of the purchase of the flight).
3. FLIGHT CANCELLATION
In case the client wants to cancel one or more flights after the flight confirmation, as agreed reimbursement for the cancellation, the following sums will have to be paid immediately by the final client in favor of PrivateJetFinder:
- 50% of the selling price if cancelled after the conclusion of the agreement;
- 100% of the selling price if the cancellation happens in the two weeks before the departure date, as provided by the sales contract.
PrivateJetFinder may agree with the final client special conditions.
4. SELLING PRICE OF THE FLIGHT AND PAYMENT
4.1. PrivateJetFinder makes the flight payment system available, with the payment information, in the specific section of the website www.privatejetfinder.com. The final client will pay PrivateJetFinder the selling price of the flight, in the timing, quantity, currency and address stated in the Agreement.
4.2. The purchase price is calculated also on the cost of the fuel at the moment the flight is booked. In case for any reason, the price of the fuel increased between the booking date and the flight date, if requested by the, the client will have to pay PrivateJetFinder an amount equal to the difference in pricing.
4.3. If, for reasons of any sort, the payment of the selling price, or any one of the installments, will not be made by the due date indicated in the contract, the client will have to pay PrivateJetFinder the legal interests, the late charge, on the unpaid amount, calculated pursuant to the regulation in force at the moment of the conclusion of the agreement, from the due date of the payment to the actual date of the payment, excluding the reimbursement of the additional damage.
4.4. The payment of the selling price has to be made to the account indicated by PrivateJetFinder, and has to be made to that account not later than two weeks before the date of the flight, as indicated in the sales contract. To book the flight in the two weeks before the date of departure, the payment of the entire amount of the selling price is required at the moment of the booking. At the request and expense of the client, PrivateJetFinder may arrange an escrow account in which the prepaid sums will be deposited. The respect of the deadline is mandatory for the payment of the selling price and any other amount provided by the Agreement.
4.5. No compensation or counterclaim (coming from the contract or any other transport condition) will authorize the client to suspend the payment of any given amount.
4.6. The final client is responsible of any cost requested by the in relation to any expense incurred and related to flight operations, as provided by the contract. In case the de-icing of the aircraft’ wings is needed, its cost will be an additional cost in charge of the client. PrivateJetFinder may ask for a pre-authorization on the client’s credit card for the additional cost for the de-icing of the aircraft’ wings.
4.7. For the additional taxes, the client may obtain exemptions through PrivateJetFinder.
4.8. If the client doesn’t use exemptions, PrivateJetFinder will charge a credit card hold deposit of 1.500 Euros or the equivalent in currency. The charged amount will be released at the moment the invoice is paid, in accordance with the concluded Agreement and the present Sales General Terms and Conditions. If the client fails to comply with the payment obligations, the client accepts to forfeit the given amounts from the deposit to PrivateJetFinder.
4.9. In case the client wants to change the route or make any other significant variation (for example departure time, passengers list, change of airport or any other flight request) PrivateJetFinder will modify the flight booking and the client will pay any additional cost in favor of PrivateJetFinder as provided herein.
4.10. The payment of the due sum provided by the Charter Agreement can be made via bank transfer, credit card or debit card. If the client makes the payment via bank transfer, PrivateJetFinder reserves the right to make a discount, at its own discretion. The administrative costs can not be reimbursed in the following circumstances:
- Flight/s cancellation or withdrawal from the contract;
- Reimbursement of the pre-authorized payments made to PrivateJetFinder.
4.11. If, because of a technical failure, the aircraft can’t fly in conformity with the previsions of the flight booking, PrivateJetFinder reasonably undertakes to procure an adequate replacement aircraft avoiding any other extra cost for the client. In case PrivateJetFinder found an adequate replacement aircraft, but the client chose not to accept the solution proposed by PrivateJetFinder, PrivateJetFinder shall have the right to withhold the amount due by the client according to what was established in the Agreement (including administrative taxes for the conclusion of the agreement) as if the client had accepted the replacement aircraft. If PrivateJetFinder couldn’t find an adequate replacement aircraft, the reimbursement in favor of the client shall be the entire purchase price in conformity with every part of the sales contract that can’t be respected because of the aircraft’s malfunctioning. Any of the above mentioned reimbursements that involve the partial cancellation of the Agreement will be calculated on a pro-rata basis as follows: the amount to be returned to the client (excluding administrative taxes for the conclusion of the agreement) can be obtained considering the total flight hours provided by the sales contract that can’t be done because of the aircraft’s failure. For example, if 7 hours out of a total of 28 flight hours can’t be done, the client will receive a reimbursement equal to 25% of the selling price (excluding administrative taxes for the conclusion of the agreement).
4.12. Unless otherwise agreed before the flight, Wi-Fi connection isn’t included in the selling price. Any connection available on the aircraft, and included in the price of the sales contract, will be communicated and will be paid by the customer at the reception of the invoice.
4.13. If the client pays the selling price via bank transfer in the two weeks previous the departure date, the client will have to give PrivateJetFinder also his/her credit card details that PrivateJetFinder will use to finish the pre-authorization of the flight’s cost (including administrative costs), charged in accordance with the clause 4.10. If: (a) the payment via bank transfer isn’t received by PrivateJetFinder’s bank within 3 working days (not including public holidays) from the date of the booking, or (b) the customer asks PrivateJetFinder to charge the price on credit card, the pre-authorized payment of the selling price with an additional 4% of transaction taxes will be withheld on the customer’s credit card. If PrivateJetFinder receives the payment of the selling price via bank transfer after the preauthorized payment has been charged on the customer’s credit card, the customer (at his/her discretion) can decide that: either (i) the amount of the bank transfer is reimbursed on the customer’s bank account, or (ii) the pre-authorized payment is reimbursed on the customer’s credit card (minus the 4% of the administrative costs paid in accordance with clause 4.10 and any other expense incurred by PrivateJetFinder in relation to the reimbursement of the pre-authorized payment on credit card).
4.14. The flight bookings are based on the ICAO airport codes (4 letters) and IATA (3 letters) internationally recognized and not from the airport names that can be modified or differently interpreted.
5. AIRCRAFT AND CREW
5.1. The Air Operator will have the responsibility of making the aircraft available for the scheduled flight departure, adequately ensuring services, equipment, fuel and airworthiness in accordance with the laws and regulations of the state in which the aircraft is registered. The aircraft will be operated and handled by the Air Operator according to the laws and regulations applicable during the flight time.
5.2. In line with its general operative needs, the Air Operator undertakes to:
- Have at disposal the aircraft and operative staff, including cabin crew that has to be ready for take off not later than thirty minutes before the departure time, indicated in the sales contract;
- Have at disposal operative personnel that welcomes the passengers at the airport’s entrance, FBO or at the agreed location;
- Have at disposal operative personnel to assist customers/passengers at landing, at the arrival at destination.
5.3. PrivateJetFinder undertakes to:
- Respond to every request of the customer;
- Promptly inform the customer of possible delays on the flight schedule, for any reason.
PrivateJetFinder’s main concern is the safety of the flight. Therefore, the captain of the aircraft will have to deal with, all that concerns the preparation of the aircraft, if the flight can be performed, and/or if the flight can continue once begun. The customer accepts, as definite and irrevocable, every decision made by the captain regarding every aspect of the aircraft functioning, including any other deviation of the air route or modification of the landing site.
5.4. All ground staff and flight operators, including cabin crew, are authorized to take orders exclusively from the Air Operator , unless the Air Operator previously received specific written agreements, according to which determined instructions given by the customer can be accepted by the personnel.
5.5. All the aircraft are designed for non smokers, unless different written confirmation is given to the customer, before the flight. If the aircraft has been smoked in, the customer will bear all the necessary cleaning costs, determined by the Air Operator.
6. TRAVEL DOCUMENTS
If required, the Air Operator has to provide or procure all the documentation necessary for transportation and flight, as set out in the Agreement. The customer must give PrivateJetFinder all the information and assistance necessary to complete the documentation the soonest possible after the agreement is signed, in time for the documentation to be issued to the passengers before the flight.
7. FLIGHT TIME, PAYLOAD AND BOARDING
7.1. The customer accepts the sole responsibility of ensuring that the passengers and the luggage get to the indicated check-in, in the departure airport, in time to be taken onboard. In case any passenger doesn’t arrive in time for the transportation, the Air Operator won’t be responsible for the passenger or the customer. The Air Operator shall not be obliged to operate differently towards this passenger. If PrivateJetFinder, at its discretion, organizes transportation on the following flight for these passengers, the customer will be in charge of every expense, paying an additional sum to the Air Operator or PrivateJetFinder, as specified by the Air Operator, necessary to cover the charges applicable for every possible passenger and the administrative expenses the Air Operator will incur in.
7.2. In case of delay (not due to technical reasons which responsibility relays on the Air Operator or deviation from the original itinerary, the customer has the sole responsibility for lodging, refreshments, meals, transportation or any other additional cost, expense, loss, damage or responsibility of any sort suffered or caused by the customer’s passengers, at any time and in any place they arose. These costs, expenses, losses, damages responsibilities incurred by the Air Operator, on request will be reimbursed by the customer.
7.3. In case any passenger of the customer is denied entry in any destination airport, the customer must reimburse and hold harmless the Air Operator, its operators, employees, officers and representatives against costs or expenses of any sort incurred by the Air Operator (including, but not solely, taxes payment, fees, penalties or other expenses charged on the Air Operator or PrivateJetFinder by the Immigration Police) and, in addition, every cost or expense incurred by the Air Operator for the possible transportation agreements of these passengers back to the departure country.
8. FINAL CUSTOMER OBLIGATIONS
8.1. The customer must guarantee compliance with every provision requested by the Air Operator in relation to every operation as set out in the contract.
8.2. The customer must release from liability the Air Operator and/or PrivateJetFinder (as appropriate), from all the claims, requests, responsibilities, actions, procedures and costs of any sort deriving from any default of the customer or passengers indicated by the customer, in accordance with the provisions of the agreement.
8.3. The customer must guarantee compliance with the subscribed conditions, also by virtue of the permits obtained through licenses, authorizations and must guarantee the same compliance for every passenger.
8.4. The customer is responsible for tickets issue and delivery, for checking the luggage and any other documentation necessary for the passengers.
8.5. The customer shall comply, and make sure passengers comply, with the rules of public safety, public order, public health, immigration and any other law of any State from/to which the aircraft will fly.
9. EXCLUSION OF LIABILITY
9.1. The Air Operator does not bear any responsibility for noncompliance with the obligations provided by the agreement towards the customer, due to force majeure, labor disputes or strikes of any sort (including of personnel and of the Air Operator or interruption of activities or any other cause non depending on the Air Operator , including accidents or failures of the aircraft’s engine, or any other of its components or machinery or connected to it.
9.2. The customer must protect the Air Operator against losses, damages, responsibilities, costs or expenses of any sort, incurred by the Air Operator or its staff, employees, officers, both deriving from the agreed contract or fault (including negligence) or other reasons.
9.3. The chosen Air Operator shall not undertake the flight whose general terms&conditions refers to any other different general Air Operator.
9.4. The transportations performed according to the charter sale contract are subject to the conditions contained or indicated in the Air Operator’s flight documentation, including the measures provided by the “General Transport Conditions”.
9.5. The indemnities provided by the present “Sales Terms and General Conditions of charter flights” will be valid regardless of the withdrawal from any agreement.
10. CANCELLATION OF THE AGREEMENT
Every agreement can be cancelled with a notice written by PrivateJetFinder or the Air Operator, if the customer:
- Doesn’t comply with the payment of the due sums within the deadline;
- Has a conduct that, according to PrivateJetFinder, could damage, discredit, or compromise the position and/or the reputation of PrivateJetFinder.
11. CHARGES PAYABLE AND REIMBURSEMENT
11.1. If a contract is cancelled, the customer (unless the Air Operator has other possible rights or claims) t must immediately pay PrivateJetFinder, all the amounts due and not paid, with their interests. The customer must protect the Air Operator against any loss, damage, cost, expense, claim or responsibility, taken over or incurred by the b Air Operator ecause of the cancellation, and the Air Operator shall keep any deposit paid-in by the customer.
11.2. The customer shall reimburse the Air Operator in case of possible claims, in the event any of the passengers terminate the agreement.
PrivateJetFinder reserves the right, in its sole discretion, to proceed with a compensation of the amounts paid by the client to the and/or PrivateJetFinder, compared to other amounts subsequently due to the operator and/or PrivateJetFinder, executing the flight agreement.
13. FURTHER GENERAL CONDITIONS
13.1. All the information and notifications provided by the agreement must be in written form and considered valid if delivered or sent via certified email, email or fax at the address of the counterpart indicted in the present documentation. Any of these notices will be considered notified at the moment they are sent to the counterpart’s address.
13.2. Customer’s observance of the deadlines is compulsory in accordance with the obligations provided in the agreement.
13.3. The Air Operator and the final client can’t rely on any warranty clauses (or any other representation of these), expect for those indicated or copied in the agreement.
13.4. No claims can be made on the Air Operator relating to warranty or compensation clauses deriving from or relating to charter flights, except if warranty or compensation clauses are contained or included in the Agreement.
13.5. No changes in the agreement can become effective unless in written form and accepted by both the parties.
13.6. The selling price, terms of payment and other commercial conditions contained in every agreement are exclusive of the counterparts and must not be disclosed to third parties without approval. Hereof, nor will any single or partial exercise of any right, power or privilege preclude any other
13.7. No failure or delay by the Air Operator in exercising any right, power or privilege will operate as a waiver t or further exercise thereof or the exercise of any other such right, power, or privilege. All rights and reimbursements provided in this Agreement are cumulative and not exclusive of any other rights or reimbursements that may be provided by law.
13.8. The customer doesn’t have the right to give to thirds any agreement made with PrivateJetFinder.
13.9. Aircraft charter contracts are governed and interpreted in conformity with the Italian law and any dispute arising from this Contract shall be subject to the jurisdiction of the Italian State.
13.10. The sales contracts of charter flights (including special terms and conditions) can be signed:
- in electronic form (electronic signature, advanced electronic signature, email, or other) or with a written signature of the Sales Contract and the Special Conditions. If the Sales Contract and the Special Conditions are undersigned in electronic form, the customer and PrivateJetFinder accept that the contacts and possibly its special conditions, will be presented in a electronic version and electronically stored. In any case, no copy shall be valid unless signed by both the client and PrivateJetFinder.