These Terms govern
in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.
The User must read this document carefully.
Flyetic.com is provided by:
Sperry BV
1930 Zaventem, Da Vinci 1 , Interoffices Brussels Airport
Belgium
BE0761.483.058
Owner contact email: info@flyetic.com
Flyetic.com refers to
Without prejudice to its role as a mere technical intermediary as described above, the Owner may provide additional services to either party of such interaction, such as providing packaging, shipping or facilitating dispute resolution.
Flyetic.com merely serves as a technical infrastructure or platform to allow Users to interact with each other. The Owner therefore is not directly involved in any such interactions between Users.
Unless otherwise specified, the terms of use detailed in this section apply generally when using flyetic.com.
Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.
By using flyetic.com, Users confirm to meet the following requirements:
To use the Service Users must register or create a User account, providing all required data or information in a complete and truthful manner.
Failure to do so will cause unavailability of the Service.
Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by flyetic.com.
By registering, Users agree to be fully responsible for all activities that occur under their username and password.
Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.
Registration of User accounts on flyetic.com is subject to the conditions outlined below. By registering, Users agree to meet such conditions.
Users can terminate their account and stop using the Service at any time by doing the following:
The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms.
The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.
The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.
Unless where otherwise specified or clearly recognizable, all content available on flyetic.com is owned or provided by the Owner or its licensors.
The Owner undertakes its utmost effort to ensure that the content provided on flyetic.com infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.
The Owner holds and reserves all intellectual property rights for any such content.
Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.
In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on flyetic.com, nor allow any third party to do so through the User or their device, even without the User's knowledge.
Where explicitly stated on flyetic.com, the User may download, copy and/or share some content available through flyetic.com for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.
Any applicable statutory limitation or exception to copyright shall stay unaffected.
Through flyetic.com Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.
Flyetic.com and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of flyetic.com and/or the Service violates no applicable law, regulations or third-party rights.
Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to flyetic.com or the Service, terminating contracts, reporting any misconduct performed through flyetic.com or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:
Users may access their data relating to flyetic.com via the Application Program Interface (API). Any use of the API, including use of the API through a third-party product/service that accesses flyetic.com, is bound by these Terms and, in addition, by the following specific terms:
Some of the Products provided on flyetic.com, as part of the Service, are provided on the basis of payment.
The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of flyetic.com.
To purchase Products, the User must register or log into flyetic.com.
Prices, descriptions or availability of Products are outlined in the respective sections of flyetic.com and are subject to change without notice.
While Products on flyetic.com are presented with the greatest accuracy technically possible, representation on flyetic.com through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.
The characteristics of the chosen Product will be outlined during the purchasing process.
The offer of Products is nonbinding. In order to complete the purchase, Users are requested to submit a binding order. Only once such order is accepted is the contract concluded.
Any steps taken from choosing a Product to order submission form part of the purchasing process.
The purchasing process includes these steps:
When the User submits an order, the following applies:
The rejection of an order shall not entitle the User to bring any claim against the Owner, including compensation for damages.
All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.
Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.
Prices on flyetic.com are displayed:
Information related to accepted payment methods are made available during the purchasing process.
Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of flyetic.com.
Payment methods marked accordingly are managed directly by the Owner. In this case, the Owner collects and stores the data necessary for the processing of payments and for fulfilling any legal obligation related to them. The User may read the privacy policy of flyetic.com to learn more about the data processing and Users’ rights regarding their data.
Other payment methods – if any – are independently provided by third-party services. In such cases flyetic.com collects no payment information – such as credit card details – but only receives a notification from the relevant third-party provider once the payment has been successfully completed.
If payment through the available methods fail, the Owner shall be under no obligation to fulfil the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.
Users do not acquire any rights to use the purchased Product until the total purchase price is received by the Owner.
The purchased service shall be performed or made available within the timeframe specified on flyetic.com or as communicated before the order submission.
Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.
Users acknowledge and accept that the right of withdrawal does not apply to contracts concluded over flyetic.com due to the nature of its offering.
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand — including but not limited to lawyer's fees and costs — made by any third party due to or in relation with any culpable use of or connection to the Service, violation of these Terms, infringement of any third-party rights or statutory provision by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.
Users acknowledge and accept that the Owner merely provides Users with the technical infrastructure and features incorporated in flyetic.com.
The Owner does not intermediate, moderate, promote or intervene in interactions, agreements or transactions between Users and therefore bears no liability for any such interactions among Users, including the performance of any Users' obligations.
Unless otherwise explicitly stated and without prejudice to applicable statutory product liability provisions, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf).
This does not apply to damages to life, health or physical integrity, damages resulting from the breach of an essential contractual obligation such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as flyetic.com has been appropriately and correctly used by the User.
Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, the Owner shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.
In particular, within the limits stated above, the Owner shall not be liable for:
Notwithstanding the above, the following limitation applies to all Users not qualifying as Consumers:
In any event of liability, the compensation may not exceed the total payments that have been, will be or would be received by the Owner from the User based on the contract over a period of 12 months, or the period of the duration of the Agreement, if shorter.
The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.
Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.
Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of flyetic.com and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling program.
For information about the use of their personal data, Users must refer to the privacy policy of flyetic.com which is hereby declared to be part of these Terms.
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to flyetic.com are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with flyetic.com are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.
Such changes will only affect the relationship with the User for the future.
The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.
The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.
If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.
The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.
All communications relating to the use of flyetic.com must be sent using the contact information stated in this document.
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.
Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.
Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.
These Terms are drawn up and revised in English. Other language versions of these Terms are provided for information purposes only. In the event of any inconsistency between different linguistic versions, the original version shall always prevail.
These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.
However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.
The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.
The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in Switzerland, Norway or Iceland.
Users may bring any disputes to the Owner who will try to resolve them amicably.
While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of flyetic.com or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.
The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document.
The Owner will process the complaint without undue delay and within 21 days of receiving it.
The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving any dispute related to and stemming from online sale and service contracts.
As a result, any European Consumer can use such platform for resolving any dispute stemming from contracts which have been entered into online. The platform is available at the following link.
The property that enables the provision of the Service.
Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.
Any User that does not qualify as a Consumer.
Applies where a User is physically present or has their registered offices within the EU, regardless of nationality.
Addressed to:
Sperry BV 1930 Zaventem, Da Vinci 1 , Interoffices Brussels Airport Belgium BE0761.483.058
info@flyetic.com
I/We hereby give notice that I/we withdraw from my/our contract of sale of the following goods/for the provision of the following service:
_____________________________________________ (insert a description of the goods/services that are subject to the respective withdrawal)
(sign if this form is notified on paper)
Indicates the natural person(s) or legal entity that provides flyetic.com and/or the Service to Users.
A good or service available for purchase through flyetic.com, such as e.g. physical goods, digital files, software, booking services etc.
The sale of Products may be part of the Service.
The service provided by flyetic.com as described in these Terms and on flyetic.com.
All provisions applicable to the use of flyetic.com and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.
Indicates any natural person or legal entity using flyetic.com.
Any User qualifying as a natural person who accesses goods or services for personal use, or more generally, acts for purposes outside their trade, business, craft or profession.
Latest update: March 09, 2021
Flyetic is an aircraft charter broker and, as such, we do not operate, maintain, own or charter aircrafts ourselves. We contract with you, the Charterer, to provide brokerage and facilitation to enable you to charter an aircraft that meets the needs you have specified to us. If requested, we will also assist in the preparatory logistics for the itinerary you have specified. The actual flight is undertaken by the Operator and therefore Flyetic acts as agent only in connection with the entering into the Charter Contract on your behalf. There is no carriage agreement between Flyetic and the Charterer and/or the passengers. Flyetic is not itself a party to the carriage agreements between the Operators and the Charterer (the “Carriage Agreements”) and shall not bear any obligation or liability in relation thereto (in particular for any injury, damage, death, loss, accident or delay due to any action or omission of the Operators or any other third parties in connection with the Carriage Agreements).
These Terms and Conditions are not a contract for air transportation and no such contract is or will be entered into between you and Flyetic.
Flyetic will only ever recommend fully licensed and insured Operators and Aircrafts, copies of Air Operator Certificates and insurance documents will be provided on request.
(A) This agreement (the “General Terms and Conditions of Aircraft Charter”) sets out the general terms and conditions for the supply of air charter brokerage services and related services by Flyetic.
(B) The provisions of these General Terms and Conditions of Aircraft Charter will be incorporated into each Charter Confirmation (as defined herein) in their entirety, unless specifically agreed between the Parties (as defined herein) in writing.
(C) In the event of any conflict between the terms of any Charter Confirmation and the General Terms and Conditions of Aircraft Charter, the Charter Confirmation shall prevail
In these conditions, the following expressions shall have the following meanings:
“Agreement” shall mean the Charter Confirmation and these General Terms and Conditions of Aircraft Charter;
“Aircraft” shall mean any aircraft which is the subject of a booking and charter agreement organised by Flyetic for the Charterer;
“Charterer” shall mean the person, firm or body corporate entering into this Agreement as identified in the Charter Confirmation;
“Charter Confirmation” means the confirmation of specific terms and conditions of Aircraft Charter booked through the Flyetic platform, provided by Flyetic and signed or accepted by the Charterer;
“Charter Price” shall mean the price shown in the Charter Confirmation, including Flyetic’s Handling Fee and such additional services requested and facilitated by Flyetic on behalf of the Charterer as set out in the Charter Confirmation or stipulated in writing after signature or acceptance in writing of the corresponding Charter Confirmation; Also included in the Charter price is the contribution to Flyetic’s Plan for the Planet.
“Flight Schedule” shall mean the point of departure, point of destination and any points between, together with any indications of departure and arrival dates and times, set out in the Charter Confirmation; Points of departure and destination will be communicated based on internationally recognised ICAO (4 letter) and IATA (3 letter) airport codes and not by airport names which are subject to change and interpretation.
“Flyetic” means and BV registered company with address Da Vincilaan 1, 1930 Zaventem Belgium with Belgian VAT registration BE 0761483058
“Flyetic Platform” means the aircraft charter brokerage platform available at www.Flyetic.com, by telephone, email and through a Flyetic app, by which Flyetic makes certain information, reservation, payment and scheduling services available to Charterer in relation to their charter of aircraft from third party Operators.
“General Terms” shall mean the General Terms and Conditions of Aircraft Charter as set out below.
“Operator” shall mean the operator of the Aircraft or any of its employees, directors and officers;
“Parties” shall mean Flyetic and the Charterer;
“Party” shall mean Flyetic or the Charterer as the context requires;
“STD” shall mean the scheduled time of departure in the Flight Schedule.
“Force Majeure” shall mean any event or occurrence, without limitations, beyond the reasonable control of Flyetic or the Operator which prevents or delays the performance of any of its obligations.
“Travel Documents” shall mean all passenger tickets, baggage checks, air waybills and other documents required under applicable international conventions or other applicable law.
The Flyetic platform may aggregate quotes for air charter trips provided by third-party aircraft operators (the “Operators”).
These “General Terms” govern your access to and use of the Flyetic platform. You, as Charterer, agree to use the Flyetic platform only in accordance with these General Terms. You may access and use the Flyetic platform only in order to make legitimate requests to book, through Flyetic, services offered by the Operators.
Flyetic may at any time amend these General Terms. Your continued use of the Flyetic Platform will be governed by the General Terms in force at the time of such use.
You represent and warrant that you are of sufficient legal age and capacity to enter into legally binding agreements, including these General Terms and agreement which may be entered into between you and any Operator. You represent and warrant that no restriction applies to you that would prevent you from entering into or performing any such agreements.
You shall not use the Flyetic platform to submit requests or enter into any agreement for, in the name and/or on behalf of third parties unless you are legally authorized to do so.
You expressly agree that your use of the Flyetic Platform is at your sole risk and expense.
Time is of the essence as regards payment of the Charter Price.
Payment of the Charter Price shall be made directly to the account specified by Flyetic. At the request and cost of the Charterer, Flyetic can arrange for prepaid sums to be placed on hold in an escrow account.
If the Charterer does not purchase a de-icing waiver, Flyetic shall implement a credit card hold of the approximate cost of the de-icing. The customer will be informed before the flight of the credit card hold amount. This credit card hold shall be released on full settlement of the related outstanding invoice in respect of an Agreement by Charterer in accordance with these Standard Charter Terms. If the Charterer fails to make such a settlement, the Charterer agrees that Flyetic shall be entitled to request payment of the sum on hold from the Charterer's credit card.
The Charterer commits a breach of this Agreement which is incapable of remedy or which, if capable of remedy, is not remedied within such reasonable time as Flyetic shall require; or
If, in the opinion of Flyetic, the Charterer is unable to pay its debts or declare insolvent according to the provisions of the Code of Economic Law, entitled ‘Insolvency of Undertakings’ or any similar event to any of those in this Clause occurs in respect of the Charterer in any territory whose jurisdiction the Charterer is subject.
In entering into this Agreement Flyetic neither acts nor holds itself out as a principal in respect of the provision of air services nor as a licensed air carrier and neither does Flyetic act as the agent of the Operator.
To the full extent permitted by applicable law, any liability of Flyetic and of its shareholders, partners, affiliates, officers, directors, employees, agents, representatives, servants, auxiliaries, successors and assigns for any injury, damage, death, loss, accident or delay arising out of or in connection with:
is excluded.
In any case, any liability of Flyetic and of its shareholders, partners, affiliates, officers, directors, employees, agents, representatives, servants, auxiliaries, successors and assigns for consequential or indirect damages and for loss of revenues or profits is excluded.
These General conditions set out the entire agreement and understanding between the Parties as regards the charter of aircraft through the Flyetic Platform. No Party has relied upon representations made to it by another Party, whether written or oral, except as is expressly contained in these Charterer Conditions.
No failure by Flyetic to exercise and no delay by Flyetic in exercising any right, power or 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 of privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies provided by law.
Charterers shall not be entitled to assign their benefits under these Charterer Conditions.
Flyetic may at any time amend these Charterer Conditions in its absolute discretion. Existing bookings shall remain subject to the Charterer Conditions in force at the time of booking.
A person who is not a Party to these Charterer Conditions shall have no rights
to enforce any of its terms.
This Agreement shall be governed by and construed in accordance with the Belgian Law
Nothing in this Agreement, expressed or implied, is intended to confer upon any third party, other than the legal successors of the Parties and third parties to which the Agreement or certain rights under or in relation to the Agreement have been assigned as provided under this Agreement, any rights to require fulfilment of any obligation under this Agreement or any other right whatsoever under or by reason of this Agreement.
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