Flyetic is an aircraft charter broker and, as such, we do not operate, maintain, own or charter aircraft 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 Aircraft, 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 letters) and IATA (3 letters) 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 agreements 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:
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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