The terms and conditions stated herein (collectively, the "Agreement") constitute a legal agreement between you and Avian Jets LLC ("Avian Jets"). In order to use the Services (defined below) you must agree to the terms and conditions that are set out below. By using or receiving any services supplied to you by Avian Jets (collectively, the "Services"), you hereby expressly acknowledge and agree to be bound by the terms and conditions of the Agreement, and any future amendments and additions to this Agreement as published from time to time at the website of Avian Jets, http://avianjets.com/terms
1. DEFINITIONS AND INTERPRETATIONS
1.1 In these Terms and Conditions:
1.1.1 except where the context makes it inappropriate, the masculine gender shall include the feminine and vice versa and the plural shall include the singular and vice versa;
1.1.2 headings are given for convenience only and shall not affect interpretation;
1.2 In the event of any conflict between these Terms and Conditions and the Operator's Conditions of Carriage, these Terms and Conditions will prevail in so far as such conflict relates to the relationship between a Customer and Avian Jets;
1.3 The following terms shall have the following meaning, except where the context otherwise requires:
"Agreement" means these Terms and Conditions, the Charter Contract and any Special Conditions;
"Aircraft" means any aircraft (including helicopters) operated in connection with any Flight;
"Charter Contract" means the online confirmation issued to the Customer by Avian Jet’s website www.avianjets.com confirming an aircraft charter, payment details and Flight details;
"Charter Price" means the total amount set out in Avian Jets’s invoice(s) issued in respect of an Agreement;
“Conditions of Carriage” means the Operator's (general) conditions of carriage for passengers and baggage applicable at the time of booking which are made available by Avian Jets;
“Customer” means the individual or entity that charters a plane or buys seats on a Flight for himself through the application made possible through the Avian Jet website;
"Flight" means a flight, single or multiple legs, described in a Charter Contract;
“Itinerary” means the flight, series of flights as agreed by Customer and Avian Jets, and shall include places of departure, places of destination, any stopping points and any departure and arrival times;
"Avian Jets" means Avian Jets is a New Hampshire based company, registered office at 100 Old Settlers Road, Alstead, NH 03602
“Operator” means the independent licensed air transport company that is the actual Operator of an aircraft for the itinerary as specified in the Agreement;
"Special Conditions" means those variations to the Agreement upon which the Operator will perform the Flight for the Customer and which, in the event of inconsistency with Terms and Conditions and the Agreement, take precedence as between the parties.
2.1 These Terms and Conditions shall apply to all Charter Contracts for the charter of an Aircraft or the purchase of aircraft seats by Customers as arranged by Avian Jets for an Operator and/or Customer through Avian Jets’s website.
2.2. For the avoidance of doubt, these Terms and Conditions do not constitute a contract for carriage by air. Carriage is always subject to the Conditions of Carriage of the Operator.
2.3 Avian Jets does not provide air carrier services and the company is not registered as an air carrier. It is up to third party air carriers and/or Operators to offer air charter services, which may be scheduled through use of our service(s). The company offers information and a method to obtain such third party air charter services and related services.
2.4 Avian Jets offers the application of its website www.avianjets.com as an Aircraft charter or seat(s) booking platform and avian jets acts as a facilitator for Operators. Avian Jets deducts from the Charter Price a facilitation fee before remitting funds received from the Customer to the Carrier.
2.5 Where an Operator makes Avian Jets aware of changes to an Itinerary (including as regards departure time(s)), Avian Jets shall endeavour to communicate such changes to the relevant Customer(s) through the website and/or by way of email. Avian Jets shall be under no liability whatsoever for any failure to communicate such changes to the Customer(s), its guests and or passengers concerned.
3.1 The Customer may charter an Airplane, book seats on an Airplane through the website of Avian Jets leading to the Charter Contract between the Customer and Avian Jets.
3.2 The agreement between Avian Jets and a Customer results in Avian Jets having the Operator make available to the Customer the Aircraft as specified in the Charter Contract and the Customer shall take the Aircraft on charter from the Operator upon terms and conditions of the Agreement (including any special conditions which have been communicated to the Customer by the Operator).
4. PAYMENT TERMS
4.1 The Customer shall pay Avian Jets the Charter Price through the applicable payment system made available on the website of Avian Jets directly upon time of booking, at the time, in the amount, currency and to the address specified in accordance with the provisions set out therefore in a Charter Contract.
4.2 If for any reason payment of the Charter Price was not successful through the online application offered on Avian Jets website, the Customer shall pay statutory commercial interest, calculated on a daily basis from the due date until the date of payment, compounded monthly.
4.3 The Charter Price is agreed in the currency shown on the Charter Contract. On request from the Customer, Avian Jets may decide to accept settlement of the price in US Dollars. On request, a new invoice will be issued to the Customer, converting the Charter Price using applicable exchange rates on the date of issue of the invoice. All such invoices issued under an Agreement shall evidence the “Charter Price” of that Charter Contract and are subject to these Terms and Conditions.
4.4 If, for whatever reason, direct electronic payment through the website’s payment system failed, payment of the Charter Price shall be made directly to the account specified by Avian Jets, no later than 1 week prior to the date of the Flight as set out in a Charter Contract. When a Flight is booked within 2 weeks of the proposed date of the Flight, full and immediate payment of the Charter Price is required maximum 48 hours before boarding time.
4.5 No set-off or counterclaim (whether arising in respect of an Agreement or any other carriage) shall entitle the Customer to withhold payment of any sums whatsoever payable under or by reason of an Agreement.
4.6 Payment of sums due under these Terms and Conditions can be made by credit or debit card. If the Customer makes the payment of the Charter Price by credit or debit card then the Customer shall be additionally responsible for card charges (currently 4%) incurred by Avian Jets in facilitating payment by debit or credit card. For the avoidance of doubt, Debit and credit card charges are not refundable in the event of cancellation of Flight(s) or an Agreement.
4.7 If the Operator is unable to perform a Flight in accordance with the Agreement due to an Aircraft technical failure, Avian Jets shall use its reasonable commercial endeavours to find a suitable replacement Aircraft and shall disclose any extra costs to the Customer. If Avian Jets efforts are successful, but the Customer decides not to accept the replacement Aircraft found by Avian Jets, Avian Jets shall be entitled to retain all sums due to it under these Terms and Conditions (including Avian Jets fee for facilitating an Agreement) had the Customer accepted the replacement Aircraft. If Avian Jets efforts are unsuccessful, the Customer’s sole remedy shall be a full refund of the Charter Price (minus Avian Jets fee for facilitating an Agreement) in respect of that part of any Charter Contract which cannot be fulfilled due to Aircraft unavailability. Any such refund which relates to a (partial) cancellation of an Agreement shall be calculated on the basis of the actual costs the Operator will or has charged for services provided. No reimbursement is possible of Avian Jets fee for facilitating an Agreement.
5.1 The Charter Price is based on aviation fuel costs calculated on the booking date. If, for any reason whatsoever there shall be any increase in the cost of aviation fuel between the booking date and the date of operation of any Flight, the Customer shall, if so required by the Operator, fully compensate Avian Jets of the increased costs.
5.2 There may be a fuel surcharge in order to provide for aircraft de-icing or hangaring, which may be itemized separately and appear as an added charge upon booking or at a later time if services are added or consumed after booking. The Customer shall be responsible for reimbursing any de-icing costs, in full, incurred in connection with the performance of an Agreement. These charges may originate from the Operator providing air transportation services or a third party provider. Charges related to such additional expenses will be charged to the Customer’s credit card on file.
5.3 In the event that the Customer requests a change in routing or any other significant change (for example flight time change, passenger change, change of airport or additional flight requirements) in respect of one or more Flights being undertaken by the Operator under an Agreement and such requests are accommodated by the Operator (which shall be at the Operator's sole discretion), Avian Jets will issue an amended or replacement Charter Contract and the Operator will pay on demand any additional costs set out therein. Charges related to such additional expenses will be charged to the Customer’s credit card on file.
5.4 Other additional expenses may be incurred for, amongst others, the following, whether or not considered as Special Conditions: in-flight telecommunications and internet usage, excess luggage fees, fees for pet transportation, cleaning services for pet transportation or cleaning required due to the excess wear and tear of the aircraft caused by Customers or Customers’s guest, catering orders, (change of) ground transportation and other services whether or not itemized in the Charter Contract will be billed to Customer and must be paid on demand. Charges related to such additional expenses will be charged to the Customer’s credit card on file.
5. ADDITIONAL EXPENSES
6.1 If the Customer wishes to cancel any Flight(s) and/ or seats of a Flight after confirmation of the related Charter Contract, Customer is obliged to pay part of the Charter Price incurred with the Charter Contract as a cancellation charge. The following overview reflects the applicable cancellation charges payable by the Customer to Avian Jets as agreed compensation for such cancellation:
6. CANCELlATION POLICY
6.2 Charges related to such additional expenses will be charged to the Customer’s credit card on file. For the avoidance of doubt, Debit and credit card charges are not refundable in the event of cancellation of Flight(s) or an Agreement.
7.1 Customers, their guests, additional passengers are responsible for obtaining all required travel documents, entry documentation and visas and for complying with all laws, regulations, orders, demands and travel requirements of countries to be flown from, into or through which they transit. Operator has the right to refuse boarding to any person without the required documentation or as a result of non-compliance with government regulations without recourse or further obligation on behalf of Operator or Avian Jets.
7.2 Avian Jets will require you to provide detailed and accurate passenger information regarding all persons traveling pursuant to arrangements made by you, after or during the booking process. Such information has to be furnished to Avian Jets no later than twenty four (24) hours prior to departure. You agree to timely provide to Avian Jets all required information, and understand that failure to provide the information, providing inaccurate or incomplete information in a timely manner may result in delaying a flight, the Operator or pilots deciding to deny boarding, and ultimately in you missing the flight, which will be considered a cancellation without notice and will incur a cancellation penalty.
7.3 For bookings made within 24 hours prior to departing, all detailed and accurate passenger information and documents shall be supplied to Avian Jets at the moment of booking and prior to the actual Flight. Failure to do so will result in a denial of boarding.
7. ID AND TRAVEL DOCUMENTS
8.1 Customer agrees that Customer, his guest and/or passengers are obligated to fly according to the Itinerary provided by Avian Jets which stipulates the departure time based on and in consideration of the preferred departure time agreed in the Charter Contract at the time of booking.
8.2 You must be at the Aircraft prepared to travel at the departure time indicated in the Charter Contract. If you are not at the aircraft 30 minutes after the scheduled departure time ready to fly, you will have missed the flight.
8.3 Pilots may, at their own discretion after the indicated departure time as a grace period, but are under no obligation to do so. Should you miss a flight, you are solely responsible for alternate arrangements, although Avian Jets will use its best efforts to make alternate arrangements at an additional cost to you. You will be charged for the missed flight and payment will be rendered according to the Terms and Conditions of the Charter Contract and this Agreement, failing which, the pre-authorized credit card will be charged as provided for herein.
8.4 in the event that a Customer fails to take a Flight forming part of the Charter Contract, the Customer shall not be entitled to any refund from Avian Jets in respect of any payment made under the Charter Contract, regardless of the reason to not make the Flight.
8. MISSED FLIGHTS
9.1 Customer accepts full responsibility for the conduct of its guests and passengers for whom they have purchased seats, as confirmed in the Contract. All liabilities in relation to the carriage by air of passengers and their baggage shall be governed by the Conditions of Carriage as set out in Operator’s term. Customer shall ensure that each of its guests and/or passengers receive proper notice of the liability provisions of the Operator, the terms of the Agreement and the Conditions of Carriage prior to a booking being made via Avian Jets website. Customers agree and acknowledge that their guests and other passengers are jointly and severable liable for any and all damages and in the event of default by a Customer under the Agreement.
9.2 Customers acknowledge that smoking is prohibited on all aircrafts and a Customer shall indemnify Avian Jets for any possible claims or liabilities arising out Customers failure to comply with this clause 9.2.
9.3 Customers acknowledge that the maximum number, weight and dimensions for both carry on and hold baggage will be stipulated in the 'frequently asked questions' on the Avian Jets website. Customers further acknowledge that failure to comply with these requirements may result in the Operator refusing to carry their baggage on the Aircraft and that Avian Jets assumes no liability whatsoever for such refusal.
9. PASSENGER CONDUCT
10.1 Carriage performed under a Charter Contract shall be subject to the Conditions of Carriage of the Operator contained or referred to in Charter Contract.
10.2 Avian Jets shall be under no liability to the Customer for any failure by Avian Jets or the Operator to perform its obligations 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.
10.3 Customers shall indemnify Avian Jets and keep Avian Jets indemnified against any claims, demands, liens, judgment, penalties, awards, remedies, debts, liabilities, damages, costs (including, but not limited to, legal costs) demanded or sought by any passenger travelling with the Customer in connection with the operation of the Aircraft or Charter Contract.
10.4 The Operator shall indemnify the Customer against any loss, damage, liabilities, costs or expenses of whatsoever nature caused to be suffered or incurred by the Customer and its officers, employees agents or subcontractors arising out of any act or omission of the Operator or its officers, employees or agents whether arising in contract or tort (including negligence) or otherwise.
10.5 The indemnities contained in these Terms and Conditions shall survive the termination of any Agreement.
10. DISCLAIMER RESPONSIBILITY
11.1 Each Agreement may be terminated immediately upon written notice from Avian Jets or the Operaror if the Customer:
11.1.1 defaults in the payment of any amount payable hereunder on due date; or
11.1.2 behaves in a manner which in the reasonable opinion of Avian Jets is likely to bring Avian Jets into dispute or otherwise to compromise or adversely affect the reputation and standing of Avian Jets.
11.2 If an Agreement is terminated, then the Customer shall (without prejudice to any other rights and remedies which Avian Jets or the Operator may have) pay forthwith to Avian Jets, as payment gateway for the Carrier, all amounts then due and unpaid to the Carrier hereunder, together with interest thereon (if any) and the Customer shall indemnify and keep the Operator indemnified against all loss, damage, costs, expense, claim or liability incurred or sustained by the Operator as a result of such termination and the Operator shall be entitled to retain any initial deposit paid by the Customer.
11.3 The Customer shall indemnify the Operator against any claims by any passenger of the Customer arising out of the termination of an Agreement.
12.1 Each Agreement shall be governed by and interpreted in accordance with the United States law and any dispute will be submitted to the applicable court.
12.2 Avian Jets reserves the right to modify the terms and conditions of these Terms and Conditions or its policies relating to the Services at any time, effective upon posting of an updated version of thse Terms and Conditions on its website. Customer is responsible for regularly reviewing these Terms and Conditions on the website, http://avianjets.com/terms . Continued use of the Services after any such changes shall constitute your consent to such changes.
12.3 Any notice required to be given under an Agreement shall be in writing and shall be deemed duly given if left at or sent by first class post, email or facsimile message to the address herein stated of the party to whom it is to be given. Any such notice shall be deemed to be served at the time when the same is handed to or left at the address of the party to be served and if served by post on the day (not being a Sunday or Public Holiday) next following the day of posting or if served by email or facsimile message upon the day such message is sent.
12.4 Time shall be of the essence in respect of the Customer's performance of its obligations under any Agreement.
12.5 Each Agreement sets out the entire agreement and understanding between the parties or any of them in connection with the charter of the Aircraft and or charter of Seat(s) as described herein.
12.6 No claims shall be made against the Operator in respect of any representation warranty indemnity or otherwise arising out of or in connection with the charter of the aircraft except where such representation, warranty or indemnity is expressly contained or incorporated in an Agreement.
12.7 No variation of an Agreement shall be effective unless made in writing and signed by both parties.
12.8 The Charter Price, payment terms and other commercial terms contained in each Agreement are confidential to the parties and may not be disclosed to third parties without prior approval.
12.9 No failure by the Operator to exercise and no delay by the Operator in exercising any right, power of privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies provided by law.
12.10 The Customer shall not be entitled to assign the benefit of any Agreement.
12.11 Charter Contracts may be executed:
12.11.1 electronically (using electronic signature, advanced electronic signature, email, or otherwise) or by physical (written) signature of the relevant Charter Contract and/or Special Terms (as applicable). If the Charter Contract and/or Special Conditions (as applicable) is executed electronically, the Customer and Avian Jets each hereby irrevocably consent to such Charter Contract or Special Conditions (as applicable) being communicated, presented, and retained (wholly or partly) in electronic form; and
12.11.2 in any number of counterparts, including electronic counterparts, each of which (including electronic counterparts) will be an original but all of which together will constitute one and the same instrument. No counterpart (including electronic counterparts) shall be effective until each of the Customer and Avian Jets has executed at least one counterpart.