JetPresso Standard Flight Terms & Conditions .
1.1. “ This Agreement” means the aircraft charter agreement between JetPresso and the Customer and consists of a Confirmation and these Standard Terms and Conditions.
1.2. “Aircraft” means the Aircraft described in the Confirmation or any substitute aircraft under Clause 9.1 of the Terms.
1.3. “Appointed Operator” means an air operator (holder of a valid AOC) appointed by JetPressoto operate commercial flights on its behalf.
1.4. “JetPresso” means JetPresso S.A. or its Appointed Operator or any substitute carrier under Clauses 2.4 and 9.2 of the Terms.
1.5. “Catering” means drinks, light food or snacks appropriate for the time of the day and functional elements of the Flight.
1.6. “Confirmation” means the document issued (usually by e-mail) by or on behalf of JetPresso to the Customer, forming partof this Agreement, which sets out details of the Flight or Flights.
1.6. “Customer” means the person or entity namedas such in the Confirmation.
1.7. “Flight” means a flight specified in the Confirmation.
1.8. “Itinerary” means the itinerary and ticket information for a Flight issued by JetPresso which contains or refers to theTerms.
1.9. “Passenger” means any person boarding or due to board the Aircraft under this Agreement.
1.10. “Terms” means these Standard Terms and Conditions.
1.11. “Total Price” means the fixed price forthe Flights agreed by the Customer in the Confirmation.
2. Responsibilities of JetPresso
2.1. JetPresso shall provide the Aircraft for the Customer’s use equipped, maintained and fuelled and with crew complying with relevant international commercial standards who shall be and remain the servants and agents of JetPresso.
2.2. JetPresso shall provide all necessary Passenger tickets, baggage checks, airway bills and all other necessary documents relating to the carriage pursuant to this Agreement. The Customer shall give JetPresso,in good time, all necessary information and assistance to complete such documents to enable the same to be completed for issue to Passengers in accordance with Clause 3.1 below.
2.3. JetPresso shall at its expense use reasonable endeavors to ensure that all necessary licenses and permits are obtained for the Aircraft to perform the Flights. The Customer shall give JetPresso all information and assistance necessary for JetPresso to obtain such licenses and permits before each Flight. The undertaking of each Flight is conditional upon the timely grant and validity of such licenses and permits.
2.4. JetPresso shall be entitled to subcontract any of its obligations hereunder to any other licensed operator operating aircrafts of a reasonably similar type.
3. Responsibilities of the Customer
3.1. The Customer and all Passengers will be bound by the conditions of this Agreement.
3.2. JetPresso shall not and shall not be deemed to, undertake any carriage to which this Agreement relates as a common carrier.
3.3. Notice is hereby given that the Itinerary will provide that travel by air under JetPresso’s Terms is subject to the rules relating to liability established by the Montreal Convention of 28th May 1999.This Convention, among other things, governs the liability of JetPresso inrespect of the death or personal injury of, or delay to, a Passenger or the loss,damage or delay to a Passenger’s baggage. The Customer will ensure that all Passengersare aware of this prior to boarding any Flight.
3.4. Catering shall be provided on the Aircraft,but JetPresso shall not be responsible for providing other meals or services to Passengers on Flights.
3.5. The Customer shall ensure that no Passenger’sbaggage carried on the Aircraft shall contain anything of a dangerous,hazardous or offensive nature or anything of which the carriage, importation orexportation is prohibited by any country or state over, to or from which theAircraft will fly. The Customer shall notify JetPresso in writing of any such baggage and shall, if required by JetPresso, procure additional insurance coverin respect thereof. Additional information and requirements are provided in the Addendum which is part to this Agreement.
3.6.The Total Price of the Flight doe not include the costs of de-icing the Aircraft, which might be incured at any of the airports being used to perform the Flight. Such costs will be invoiced after the Flight to the Customer who agrees to pay for them as Additional Costs pusuant to clause 7.1. of this Agreement.
4. Carriage of Passengers
4.1. Carriage performed under this Agreement shallbe subject to the conditions of carriage contained or referred to in theItinerary. The Customer and all Passengers will be bound by these conditions of carriage.
4.2. Neither JetPresso nor the Carrier shall, or shall be deemed to, undertake any carriage to which this Agreement relates as acommon carrier.
4.3. Notice is hereby given that the Itinerary will provide that travel by air under the Carrier’s general conditions of carriage is subject to the rules relating to liability established by theMontreal Convention of 28th May 1999. This Convention, among other things,governs the liability of the Carrier in respect of the death or personal injury of, or delay to, a Passenger or the loss, damage or delay to a Passenger’s baggage. The Customer will ensure that all Passengers are aware of this priorto boarding any Flight.
4.4. Catering shall be provided on the Aircraft,but JetPresso shall not be responsible for providing other meals or services toPassengers on Flights.
4.5. The Customer shall ensure that no Passenger’s baggage carried on the Aircraft shall contain anything of a dangerous,hazardous or offensive nature or anything of which the carriage, importation or exportation is prohibited by any country or state over, to or from which theAircraft will fly. The Customer shall notify JetPresso and the Carrier inwriting of any such baggage and shall, if required by JetPresso, procure additional insurance cover in respect thereof. Additional information and requirements are provided in the Addendum which is part to this Agreement.
5. Performance of the Flight
5.1. The Captain of the Aircraft shall have complete discretion (i) to refuse any Passengers or baggage, (ii) concerning the load to be carried and its distribution and (iii) to decide whether or not a Flight should be undertaken and when and where landings should be made. The Customer will not hold JetPresso responsible for any losses arising from a decision of the Captain.
6. Delays, Diversions and Alterations
6.1. If on any Flight any departure is delayed formore than 15 minutes beyond its scheduled take-off time by reason of:
a. The late arrival of any Passenger at the specified check-in point at the departure airport for a Flight; or
b. The absence of any necessary documentation in respect of a Passenger; or
c. Any act or omission of the Customer or its agents;
Then the Customer will pay the waiting fee for the delay as follows:
0-30 minutes: free
Beyond 30 minutes: 300CHF per 15 minutes (or part thereof)
6.2. If the delay is longer than 60 minutes beyond the scheduled take-off time then JetPresso may, at its discretion and without any liability, take any of the following actions:
a. Arrange for the Flight to depart; or
b. Further delay the Flight (provided the Customer agrees to pay for the entire delay at the rate as stated under 6.1.); or
c. Cancel the Flight.
If the Flight departs or is cancelled pursuant to this Clause, JetPresso shall be deemed to have thereby completed its contractual obligation to the Customer and shall neither be responsible for nor liable to any Passenger missing the Flight.
6.2. JetPresso shall use reasonable endeavors to complete all Flights as specified in the Confirmation, but JetPresso shall be entitled to depart from the agreed flying schedule for any cause beyond its reasonable control, and the Customer shall reimburse JetPresso on demand for any additional expenses incurred as a result.
6.3. If, for any reason beyond the Carrier’s control, the Aircraft is diverted from any destination shown in the flying schedule to another destination, the Flight shall be deemed to be complete when the Aircraft lands at that other destination.
6.4. JetPresso will not be deemed to be in breach of its obligations hereunder or have any liability for any delay, cancellation or damage arising in whole or in part from any act of God, act of nature, acts of civil or military authority, strike or labour dispute, mechanical failure,lack of essential supplies or parts or for any other cause beyond its control,or for any default of any sub-contractor on whom JetPresso may be relying in whole or in part to perform its obligations, provided however that if a series of Flights is terminated prior to completion due in whole or in part to such a cause, JetPresso will refund to the Customer that portion of the Total Price already paid which relates to the terminated Flights, less any costs incurred by JetPresso in returning any Passengers to their original airport of departure.
7.1. The Customer shall pay the Total Price to JetPressoin the currency and at the times specified in the Confirmation. Payment by the Customer of any costs not included in the Total Price and other charges provided for in this Agreement ("Additional Costs") shall be made within two weeks after the date of JetPresso's invoice and in the currency specified therein.
7.2. If the Customer does not pay the Total Price when due then, without prejudice to any other rights JetPresso may have, JetPresso shall be entitled to treat this non-payment as constituting the cancellation by the Customer of the relevant Charter entitling JetPresso to payment in accordance with the provisions of Clause 8.
7.3. All payments under this Agreement will be made without any deduction, set-off, counterclaim, discount, abatement or withholding whatsoever.
7.4. Time of payment shall be of essence.
7.5. If the Customer fails to pay JetPresso any sum due under this Agreement, the Customer shall be liable to pay interest on the amount due at an annual rate of 2% above the base lending rate from time to time of UBS SA accruing on a daily basis until payment is made, whether before or after judgment.
7.6. If there is any increase, between the date of this Agreement and the date upon which any Flight is performed under this Agreement, in security costs, aviation insurance premiums, fuel, landing and airport fees, airport Passenger duty or similar costs relating to the operation of the Aircraft or the performance of the Flight, JetPresso shall be entitled to increase the Total Price accordingly. Documentary evidence supporting such increases will be provided to the Customer on written request.
7.7. The Total Price includes only the cost of fuel, oil, aircraft maintenance, normal landing and parking fees, groundservices (including loading and unloading) and dispatch costs for the Aircraft,remuneration and expenses of operating personnel and cost of service for Passengers during Flights. The Total Price does not include any taxes, levies or charges assessed or imposed by any taxing authority directly upon the execution or performance of this Agreement or the Flights hereunder (including VAT), or the carriage, embarkation or disembarkation of Passengers, or the loading or unloading of baggage and/or goods, all of which shall be paid by the Customeron demand.
7.8. Unless otherwise specified the Total Price shall be deemed to have been earned at the commencement of the Flight or series of Flights to which it relates.
7.9. JetPresso will invoice the Customer for any positioning costs (including any necessary hotel and travel expenses incurred by JetPresso) that might arise as a result of any aircraft being out of place following the Customer's cancellation of any Flight.
8.1. If the Customer cancels any Flight, or any part of a Flight, JetPresso shall be entitled to receive, as liquidated damages (not a penalty), the following:
8.1.1. 10% of the Total Price if the cancellation notification is received more than two weeks prior to the scheduled departure date;
8.1.2. 20% of the Total Price if the cancellation notification is received more than one week prior to the scheduled departure time;
8.1.3. 40% of the Total Price if the cancellation notification is received more than 72 hours prior to the scheduled departure time;
8.1.4. 50% of the Total Price if the cancellation notification is received more than 48 hours prior to the scheduled departure time;
8.1.5. 70% of the Total Price if the cancellation notification is received more that 24 hours prior to the scheduled departure time; and
8.1.6. 100% of the Total Price if the cancellation notification is received less than 24 hours prior to the scheduled departure time
8.2. Any cancellation by the Customer must be inwriting.
9. Substitute aircraft and substitute carrier
9.1. If for any reason JetPresso shall be unableto procure the performance of any Flight with an aircraft of the type stipulated in the Confirmation, JetPresso shall be entitled but not obliged to substitute one or more aircraft of a reasonably similar type.
9.2. If, for any reason beyond JetPresso’s reasonable control, JetPresso is unable to perform any Flight, JetPresso shall be entitled but not obliged to procure the performance by a substitute carrier.
10. Indemnity; Limitations on Liability
10.1. If there is any failure or omission by the Customer to perform or procure the performance of its obligations under this Agreement, or if there is a breach by any Passenger of any of the regulations, laws, directions or conditions referred to in this Agreement, then the Customer shall indemnify and keep indemnified JetPresso against all claims, demands, liabilities, actions, proceedings, costs and damages of any kind whatsoever which may result from any such failure, omission, breach or other default, including but not limited to any costs incurred by JetPresso in returning or transporting Passengers to its origin point or any other place required by any immigration, customs or other relevant authority.
10.2. The Customer shall indemnify JetPresso against any loss, damage, liabilities, costs or expenses of whatsoever nature caused to be suffered or incurred by JetPresso and its officers, employees or subcontractors arising out of any act or omission of the Customer or its officers or employees whether arising in contract or tort (including negligence) or otherwise.
10.3. JetPresso and its officers, employees, sub-contractors, agents and servants who take part in the execution and performance of this Agreement or any part thereof shall not be subject to any liability in excess of that provided for in the Montreal Convention of 28th May1999 as implemented in the European Community by Regulation (EC) No 2027/97 (as amended by Regulation (EC) No 889/2002) and national legislation of the Member States of the EU. The Customer shall indemnify JetPresso and its officers,employees, sub contractors, agents, servants and assigns any such costs, claims or demands resulting from any of them being charged with any higher liability than that provided for in such Convention.
10.4. If JetPresso has to pay any fine, penalty, fees or charges (such as detention costs) because the Customer, its servants or agents or any Passenger has failed to obey any laws or regulations,or other travel requirements of the country to which the Aircraft has flown, or to produce the necessary documentation needed by that country, the Customer will repay the amount that has been paid by JetPresso as a result.
10.5. JetPresso shall not be liable to the Customer for any pure economic loss, or loss of profit, business or goodwill, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this Agreement.
10.6. The Customer agrees that in no event shall JetPresso’s total liability to the Customer under this Agreement (whether in contract, tort or otherwise) be more than the Total Price, except as otherwise required by law.
10.7. There is not implied in this Agreement any warranty or condition as to the Aircraft or its crew or as to its or their fitness for any purpose, and any warranties or conditions implied by statute or common law are to the fullest extent permitted by law excluded from this Agreement.
10.8. The indemnities in this Clause 10 shall survive the termination of this Agreement.
11.1. Either party shall be entitled to terminate this Agreement without prejudice to the rights of the parties then accrued by giving notice in writing to the other if the other party has committed a material breach of its obligations under this Agreement or has become insolvent or, being a company, has passed a resolution or suffered a petition to be presented for its winding-up or administration or, being an individual, dies.
12. Personal Information
12.1. The Customer recognizes that persona ldata has been given to JetPresso and that JetPresso may use the personal information provided for the purposes of:
12.1.1. Booking the Flights, issuing Passenger tickets, and providing the Customer with any relevant services and facilities;
12.1.2. Accounting, billing and auditing;
12.1.3. Checking credit or other payment cards;
12.1.4. Security, immigration and entry procedures;
12.1.5. Administrative and legal purposes;
12.1.6. Statistical analysis;
12.1.7. Ensuring compliance with legal regulatory obligations applicable to JetPresso;
12.1.8. Systems testing, maintenance and development;
12.1.9. Customer relations;
12.1.10. Assisting in any future dealings withthe Customer; and
12.1.11. Direct mail and market research.
12.2. For these purposes the Customer authorizes JetPresso to retain and use personal information and to transmit it tocompanies involved in providing transportation or related services and facilities, data processors working for JetPresso, JetPresso’s agents, government enforcement agencies, and credit and payment card companies. This may involve sending personal information outside Switzerland.
13.1. Any notice required to be given hereunder shall be sufficiently given if forwarded by post, e-mail or facsimile to the address in the Confirmation of the party to whom it was given and every notice so sent shall, subject to the remainder of this clause, be deemed to have been received and given at the time when in the ordinary course of transmission it should have been delivered to the address to which it was sent. In the event a notice is given outside normal business hours, it will be deemed to have been received at the opening on the next business day.
13.2. This Agreement embodies the entire contract of the parties with respect to the performance of the Flights, and there are no terms, conditions or obligations oral or written, express or implied, other than those contained herein. No variation of this Agreement shall be effective unless the same is evidenced in writing and signed by duly authorized representatives on behalf of both parties.
13.3. The paragraph headings in these Terms are for the purpose of convenience only and do not affect the construction ofthe Terms.
13.4. Any provision of this Agreement which is held, in whole or in part, to be invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable the remaining provisions hereof, and any such invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in anyother jurisdiction.
13.5. A party’s rights under this Agreement may be used as often as necessary. A party shall only be deemed to have waived its rights if it does so in writing, and any delay by a party in exercising any of its rights shall not constitute a waiver. The rights granted under this Agreement apply in addition to the rights granted under law.
13.6. This Agreement shall be governed by Swiss law, and the parties submit to the courts of Geneva in respect of any disputes arising out of it.
13.7. The parties hereby agree that a person who is not a party to this Agreement has no rights to enforce any term of this Agreement.