Terms and Conditions – Standard Charter Terms

 

 

PARTIES

JetEight: JetEight UG (haftungsbeschränkt) a German registered company (company number AG Berlin HRB 184813) having its registered office at Charlottenstrasse 2, 10969 Berlin, Germany and VAT number (USt-IdNr.): DE311459103.

 

Client: The JetEight charterer / client (including its representatives if applicable) who has booked the Itinerary and whose details are set out in a Contract.

 

Operator: The aircraft carrier / operator who has provided a flight quotation that has been accepted by the Client in accordance with the Standard Charter Terms, the Contract, and any Special Conditions (if applicable).

 

1.     DEFINITIONS

 The following definitions apply to the Standard Charter Terms unless the context otherwise requires:

 

  • “Agreement” means the Standard Charter Terms, the Contract, and the General Conditions of Carriage.

  • “Aircraft” means any aircraft (including helicopters, turboprops, and jets) operated by the Operator as stated in the Contract.

  • “Booking Date” means the date on which the Agreement has been completed.

  • “Contract” means the confirmation provided to the Client via email or phone (including call, text message, and WhatsApp) confirming the Aircraft, Itinerary, and Price.

  • “Departure Date” means the departure date of the first flight as stated in the Agreement.

  • “Exchange Rate” means the midpoint rate published by Deutsche Bank AG on the date of the Contract, plus a 2% currency administration fee.

  • “General Conditions of Carriage” means the preceding terms over the Standard Charter Terms provided by the Operator under which the Itinerary will be performed by the Operator for the Client.

  • “Itinerary” means the Flight details including departure time and date; arrival time, and date; number of passengers; and the IATA or ICAO airport codes followed by the airport names.

  • “Price” means the total amount stated in JetEight’s invoice(s) (including JetEight’s commission and taxes if applicable) with regards to an Agreement.

  • “Standard Charter Terms” means the terms as detailed in the terms and conditions of www.flyjet8.com.

  • “Tender Process” means the process by which one or multiple Operator(s) submit a proposal to execute the Client’s Itinerary that includes the quotation, Aircraft, and General Conditions of Carriage.

 

2.     OPERATOR OBLIGATIONS

2.1 The Operator shall make available to the Client the Aircraft as detailed in a Contract that has been facilitated via JetEight.

 

2.2 The Operator, when required, shall supply or procure all necessary documentation relating to the execution of an Itinerary in accordance with an Agreement.

 

2.3 The Operator shall provide the Aircraft at the defined departure time of the flight(s) detailed in the Itinerary in an airworthy condition as defined by the civil aviation authorities of the state of registration of the Aircraft.

 

2.4 The Operator shall execute the Itinerary and operate the Aircraft in accordance with all applicable laws and regulation during the period of flight(s).

 

2.5 Subject to the Operator’s General Conditions of Carriage and general operational requirements, JetEight urges that the Operator shall aim to:

2.5.1 Have operating personnel available to meet passengers at the entrance of the airport, FBO, or an agreed meeting point;

2.5.2 Have operating personnel available to escort passengers to their onward transport upon arrival at the destination, and;

2.5.3 Have operating personnel including flight crew and cabin crew ready to operate the aircraft no later than 20 minutes prior to the expected time of departure as detailed in the Agreement.

 

2.6 Operators shall adopt these Standard Charter Terms in dealing with JetEight's Clients.

 

3.     CLIENT OBLIGATIONS

3.1 The Client shall accept always any decision made by the captain of the aircraft relating to the operation of the Aircraft and execution of the Itinerary (including possible take-off delays, airport diversions, or routing changes). For safety reasons, the captain of the Aircraft shall have complete discretion concerning preparation of the Aircraft for flight, whether a flight shall be undertaken and/or whether a flight is to be abandoned once undertaken.

 

3.2 The Client shall accept the Aircraft provided for charter by the Operator upon the terms and conditions detailed in the Standard Charter Terms, the Contract, and the General Conditions of Carriage, and shall comply with all requirements of the Operator as stated in the Agreement.

 

3.3 The Client shall comply with and shall procure that all other passengers (including pets) comply with the applicable lawful regulation (including licences, permits, and authorities granted for the Itinerary) of any state to/from or over which the Aircraft is or may be flown (this includes among other the customs, police, public health, and immigration authorities).

 

3.4 The Client is responsible for the issue and delivery of all necessary documentation and checks to all passengers.

 

3.5 The Client shall provide JetEight with all information to complete the necessary Itinerary related documentation in accordance with an Agreement as soon as possible after completion of the Agreement, and, in any case, in sufficient time to be completed for issue to the passengers.

 

3.6 The Client is responsible for the on-demand reimbursement of the Operator in case of any de-icing costs incurred in accordance with the execution of an Agreement.

 

3.7 The Client is responsible for the on-demand payment of any additional costs, after receiving an amended Contract and invoice from JetEight, arising from the request by the Client to change the Itinerary executed by the Operator under an Agreement, and if the request is accepted and executed by the Operator. These changes are for example a change in airport, number of passengers, departure time, or flight time, among other things.

 

3.8 The Client shall be liable for any cleaning cost arising from smoking in the Aircraft without confirmation from JetEight that Aircraft is a designated smoking aircraft as the majority of our preferred Operators operate solely designated non-smoking aircraft.

 

3.9 The Client shall comply with any orders from the Operator, ground and operating personnel, including cabin staff, between arrival and departure at the airports for its own safety and security.

 

3.10 The Client shall be responsible for any and all accommodation, refreshments, meals, transportation or any other additional costs, expenses, losses, damages or liabilities of whatsoever nature incurred in respect of the Client’s passengers arising from any deviation, diversion or delay of any of the Itinerary’s flights.

 

3.11 The Client shall provide full passport information for every passenger traveling not less than 72 hours prior to departure as a requirement of customs and immigration authorities within Europe. This allows for the correct calculation of Aiport Passenger Duty where applicable. If the Itinerary is booked within 72 hours of departure time, then the Client shall provide full passport information for every passenger traveling as soon as possible.

3.11.1 Upon signing the Contract the number of passenger and their details cannot be altered without the prior consent of the Operator and that of the airports of departure and/or destination.

3.11.2 The Client shall ensure that each passenger has a valid passport or EU ID Card (if applicable), valid visa (if applicable), and proof of required vaccination (if applicable).

3.11.3 The following information is shall be provided by the Client per passenger:

- Full legal name

- Citizenship

- Passport number

- Date of birth

- Visa information (if applicable)

 

3.12 Animals and/or pets are only carried with the prior approval of the Operator. It is the responsibility of the Client to provide suitable animal or pet cages/boxes.

 

4.     JETEIGHT OBLIGATIONS

4.1 JetEight shall use its reasonable endeavors to:

4.1.1 reply as soon as possible to any Client communication; and

4.1.2 inform the Client as soon as possible about any cancellation, delays or other changes of the Itinerary as detailed in the Agreement.

 

4.2 JetEight shall arrange catering for the Itinerary if requested by the Client either by themselves, the Operator, or a third party. In case some items are not available, JetEight shall strive to match the Client's request as closely as possible.

 

 5.     PRICE

5.1 JetEight acts as a facilitator and mediator between the Client and Operator. In return for its facilitation, JetEight deducts a facilitation fee before forwarding the funds received from the Client to the Operator.

 

5.2 Price, payment terms, fees, and other commercial terms detailed in the Agreement or related documents (for examples emails or invoices) are confidential to the parties and may not be disclosed to third parties without prior approval.

 

5.3 Payment of outstanding sums may be completed either via credit or debit card. Please keep in mind that the Client is responsible for any card charges incurred by JetEight and/or the Operator resulting from using debit or credit card. These card charges are not included in the Price and should be paid for on-demand. Debit and credit card charges are also not refundable in any event (also not in the event of cancellation).

 

5.4 Prices and Aircraft information displayed on the booking web pages of www.FlyJet8.com relating to the Client's search query and Itinerary are indicative until confirmation from the Operator that will be communicated through JetEight via a Contract.

 

5.5 The Client will be provided with an invoice stating the total amount due after completion of the Agreement. The Client shall pay JetEight the Price in the amount and currency to the account (a prioritized account to accepting payment on behalf of the Operator) specified on the invoice in cleared funds no later than 2 weeks prior to the departure date of the Itinerary in accordance with the Agreement. The Price regarding any Itinerary booked within 2 weeks of the departure date shall be paid fully and immediately upon completion of the Agreement. JetEight recommends using priority payments for any transaction as Agreements are only confirmed by the operator once the payment has been received in the Operator’s cleared account.

 

5.6 The Price is agreed in the currency shown on the Contract. The Client is allowed to ask JetEight to accept a settlement of the Price in a different currency (either Euro, GBP Sterling, or US Dollars). If JetEight accepts the request, a new invoice shall be issued by JetEight using the Exchange Rate from the new invoice date. Any new invoice issued by JetEight under an Agreement shall evidence the “Price” of that Agreement and is subject to these Standard Charter Terms.

 

5.7 The Price is calculated based on dynamic costs like fuel and flight time. If, for any reason whatsoever there shall be an increase in cost between the Booking Date and the Departure Date or the departure date of any subsequent flights stated on the Itinerary, then the Client shall, upon request of the Operator, pay JetEight on demand the amount equal to the compensation for the Operator’s increased costs.

 

5.8 If for any reason payment of the Price or any instalment thereof shall not be made on the due date then the Client shall pay to the Operator interest on the amount unpaid at the rate of 8% per annum above the base rate for the time being of Deutsche Bank AG, calculated on a daily basis from the due date until the date of payment (both before and after judgment), compounded monthly.

 

5.9 The Client holds no entitlement to withhold any sums payable under or by reason of an Agreement as result of any set-off or counterclaim.

 

5.10 Any charges by the Operator for amenities (for example WiFi and catering) not agreed upon in the Agreement will be passed onto the Client due on the date stated in the additional invoice.

 

5.11 The final Price of the Itinerary is subject to owner approval, aircraft availability, crew availability, international overflight permits, airport slots, and airport parking. Unavailability of any of these points at any time may result in an increased Price payable by the Client due on the date stated in the additional invoice.

 

5.12 Itinerary can only be confirmed once the full payment has been cleared in the Operator’s account. JetEight shall do its reasonable endeavors to forward the payment from the Client to the Operator at its earliest convenience.

 

5.13 Any costs, expenses, losses, damages or liabilities incurred by the Operator due to a delay, deviation or diversion of any of the Itinerary’s flights shall be reimbursed to the Operator by the Client on demand.

 

5.14 Any costs for the Operator or JetEight arising from any of the Client’s passengers being refused entry at any arrival or destination airport shall be reimbursed to the Operator by the Client on demand.

 

5.15 It is the Client’s sole responsibility to ensure that all its passengers and their baggage arrive in time at the specified check-in point at any departure airport. Check-in times are dependent on the General Conditions of Carriage of the Operator. Additional cost or a refusal may be incurred if a passenger or its baggage does not arrive in time. It is the Operator’s sole discretion to arrange a transport for any such passenger, for which the Client shall pay-on-demand to the Operator or to JetEight.

 

5.16 An additional charge may apply for the carriage of pets and/or animals where it is levied by certain airports.

 

6.     CANCELLATION, TERMINATION, AND DEFAULT

6.1 In the event of an Aircraft technical failure or due to force majeure, the Operator might be unable to execute the Itinerary in accordance with the Agreement. In such an event, JetEight shall use its reasonable endeavors to find a comparable replacement Aircraft and disclose any additional cost to the Client.

 

6.2 If JetEight’s endeavors are successful, but the Client decided not to accept the replacement Aircraft, then JetEight shall be entitled to retain its facilitation fee as if the Client had accepted the replacement Aircraft.

6.2.1 If JetEight’s endeavors are not successful, the Client will receive a full refund of the Price (less JetEight’s facilitation fee) for the part of the Itinerary that cannot be fulfilled.

6.2.2 Refunds for a partial cancellation shall be based upon a new quotation provided by the Operator (i.e. old Price minus new Price).

 

6.3 If the Agreement is cancelled by the client after confirmation of the Agreement, the Client shall pay-on-demand any penalty fees from the Operator to JetEight as compensation for the cancellation, which shall be at minimum 50% of the Price if cancelled after completion of the Agreement, and 100% if cancelled within 2 weeks prior to Departure Date after completion of the Agreement.

 

6.4 Any Agreement may be terminated immediately upon written notice from either the Operator or JetEight if the Client:

6.4.1 defaults in payment of any amount payable on due date; or

6.4.2 behaves in such a manner providing JetEight with a reasonable thought to bring JetEight into disrepute or otherwise negatively affect the company.

 

6.5 If the Agreement is terminated, then the Client shall pay JetEight all amounts then due, together with interest thereon (if any).

 

7.     LIABILITY, WARRANTY AND INDEMNITY EXCLUSION

7.1 The Client shall hold harmless and indemnify the Operator and/or JetEight (as applicable) from and against all claims, demands, liabilities, actions, proceedings and costs of any kind whatsoever arising from any default on the part of the Client or any of its passengers in complying with any of the provisions of an Agreement.

 

7.2 The Client shall indemnify the Operator and JetEight against any claims by the Client or any passengers of the Client arising out of the termination of an Agreement.

 

7.3 The Client shall indemnify and keep indemnified the Operator and/or JetEight and any of its employees against all costs or expenses incurred by the Operator or JetEight due to any of the Client’s passenger being refused entry to any arrival or destination airport.

 

7.4 None of the parties has relied on a warrant or representation of any of the other parties except as expressly stated or referred to in the Agreement.

 

7.5 The Operator shall be under no liability to the Client for not executing an itinerary under an Agreement arising from force majeure, labour disputes or strikes of any kind (including those of Operator personnel) or lock-outs or any other cause beyond the control of the Operator including accidents to or failure of the Aircraft engines, or any other part thereof or any machinery or apparatus used in connection therewith.

 

7.6 The Operator shall never undertake any flight for a JetEight Client to which an Agreement relates as a common Operator.

 

7.7 Flights performed under a Contract shall be subject to the Operator its General Conditions of Carriage.

 

7.8 Any indemnities contained in the Standard Charter Terms shall survive the termination of any Agreement.

 

7.9 The Operator disclaims all implied warranties, obligations and liabilities arising by law or otherwise, with respect to the Itinerary.

 

7.10 If the Agreement is terminated, then the Client shall indemnify and keep indemnified the Operator and JetEight against all claims, losses, damages, expenses, liabilities and/or costs incurred by the Operator and/or JetEight as result of the termination.

 

 

8.     GENERAL

8.1 Any Agreement shall be governed by and interpreted in accordance with German law and the parties hereto hereby submit to the non-exclusive jurisdiction of German Court.

 

8.2 No variation of an Agreement shall be effective unless made in writing and signed by both parties.

 

8.3 The Agreement sets out the entire agreement among the parties or between any party in relation to the aircraft charter as described herein.

 

8.4 The Contract and/or General Conditions of Carriage may be shared and signed electronically or by physical signature, in any number of parts.

8.4.1 No part of the Agreement (including electronic parts) shall be effective until both the Client and JetEight has signed at least one counterpart.

 

8.5 These Standard Charter Terms shall be accepted by the Client by sending the booking request on www.flyjet8.com.

 

8.6 Any notice required to be given under an Agreement shall be sent by email to the address stated in the Agreement and shall be deemed to be served by email upon the date such email is sent.

 

8.7 In the event of any conflict between these Standard Charter Terms and the Operator's General Conditions of Carriage, these Terms and Conditions will prevail in so far as such conflict relates to the relationship between the Client and JetEight.