Terms and Conditions
YourJets maintains one or more websites or webpages and mobile apps (the “Network”) forming an air charter services brokerage market for the users of air charter services (the “Users”). The Network may aggregate quotes for air charter trips provided by third-party aircraft operators (the “Operators”).
These Terms and Conditions govern your access to and use of the Network. You, as User, agree to use the Network only in accordance with these Terms and Conditions. You may access and use the Network only in order to make legitimate requests to book, through Yourjets, services offered by the Operators (the “Requests”).
Yourjets may at any time amend these Terms and Conditions. Your continued use of the Network will be governed by the Terms and Conditions in force at the time of such use.
General Terms and Conditions
This Aircraft Charter Brokerage Contract (this “Contract”) is made between Your Jets LLC (“Yourjets”) and the person designated as charterer on the first page of this Contract (the “Charterer”).
No variation of this Contract shall be effective unless agreed in writing by Yourjets.
By signing this Contract, the Charterer confirms that it has submitted this Contract to all Passengers (as defined below) and that they have accepted the same. The Charterer shall cause all Passengers to comply with the terms of this Contract.
The Charterer shall not be entitled to assign this Contract to any person without Yourjets’ prior written consent.
Where the context permits, the use of the singular herein shall include the plural and vice versa, and the use of the neutral or masculine personal pronoun shall include both masculine and feminine genders.
Unless otherwise provided herein, the term “or” is not exclusive and “include”, “including” and “in particular” are not limiting.
Scope of Yourjets
YourJets is an air charter broker and only acts as an intermediary between the third-party aircraft operator (the “Operator”) and the Charterer. YourJets arranges carriage by air by chartering aircraft from the Operator, acting as agent of, for and on behalf of, the Charterer.
YourJets does not itself operate aircraft, is not a contracting or indirect carrier and does not provide air transportation services. There is no carriage agreement between YourJets and the Charterer and/or the passengers. YourJets is not itself a party to the carriage agreement between the Operator and the Charterer (represented by YourJets), and shall not bear any obligation or liability in relation thereto.
YourJets does not assume liability for any injury, damage, death, loss, accident or delay due to any action or omission of the Operator or third parties or occurring out of or in connection with the Flights (as defined below), whether incurred by the Charterer or by the Passengers. The Charterer hereby acknowledges to YourJets that in any such event the Charterer and the Passengers shall only have recourse against the Operator, and waives any and all claims and remedies against YourJets
Appointment of YourJets
The Charterer hereby appoints YourJets as its agent for arranging the flight(s) described on the first page of this Contract (the “Flight(s)”) by chartering the aircraft described on the first page of this Contract (the “Aircraft”) from the Operator, it being understood that YourJets shall act in a capacity as agent of, for and on behalf of, the Charterer. Accordingly, the Charterer authorizes YourJets to enter into a carriage agreement (including any general terms and conditions of carriage) with the Operator as agent of, for and on behalf of, the Charterer (the “Carriage Agreement”).
At any time upon the Charterer’s request to YourJets’ representative, YourJets will disclose the identity of the Operator to the Charterer.
Reservation of the Aircraft.
Upon signature of this Contract, the Charterer shall immediately (and in any case before the positioning of the Aircraft for the first Flight) pay the total price indicated on the firrst page of this Contract and in the invoice sent by Yourjets to the Charterer (the “Price”).
As soon as reasonably practicable after receipt of the Price, Yourjet shall enter into the Carriage Agreement with the Operator, acting in a capacity as agent of, for and on behalf of, the Charterer. At any time upon the Charterer’s request to Yourjets representative, Yourjets will provide the Charterer with a copy of the Carriage Agreement, provided that Yourjets shall be entitled to redact the price paid by Yourjets to the Operator.
This Contract shall not be effective unless and until full payment of the Price has been received by Yourjets and the Carriage Agreement has been signed by Yourjets (as agent of, for and on behalf of, the Charterer) and the Operator. YourJets shall not bear any liability in case the Operator eventually refuses to, or for any reason does not, enter into the Carriage Agreement. In such case, YourJets’ sole obligation shall be to reimburse the Price (to the extent already received from the Charterer) to the Charterer. Upon signature of this Contract, the Charterer shall communicate to Yourjets (for further transmission to the Operator) the identity of all passengers who will travel on the Flight(s) (the “Passengers”) and all information and documents (including passport copies) related to the Passengers as may be requested by Yourjets.. Before the Flight(s), Yourjets will send a flight confirmation to the Charterer indicating the details of the Flight(s), including the name of the Operator (the “ Flight Confirmation”).
The Charterer hereby authorizes, and confirms that the Passengers authorize, YourJets to transfer to the Operator the passenger name record (PNR) data, including the Charterer’s name (as person providing the information and making the booking) and the Passengers’ names, genders, addresses, dates and places of birth, passport details (nationality, number, and date of expiry), contact phone numbers, the date of reservation, the travel itinerary, information concerning baggage, and any changes to the foregoing (“PNR Data”).
Authorities of certain countries may require that the Operator transfers to them specific travel data related to the Passengers’ journey for security and immigration purposes. The Charterer hereby authorizes, and confirms that the Passengers authorize, the Operator to transfer to these authorities any required PNR Data.
PNR Data may have to be transferred to countries where the data protection level is not equivalent to that provided in the Passengers’ home country.
Governing Law and Jurisdiction
This Contract shall be governed by and construed in accordance with the English Law, excluding its conflict of law provisions. Any dispute, controversy, or claim arising out of, or in connection with, this Contract, including the validity, invalidity, breach, or termination hereof, shall be submitted to the exclusive jurisdiction of the London Court of International Arbitration. to which the parties hereby irrevocably agree to be submitted. The foregoing shall not prevent Yourjets to sue the Charterer and/or the Passengers before any other competent court.