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Terms and Conditions

for Invictus Partners

APPENDIX N°1

GENERAL CONDITIONS OF AIRCRAFT CHARTER

  1. APPLICATION AND DEFINITIONS
    These General Conditions apply to and form an integral part of the Framework Aircraft Charter Contract Terms between Jet Luxe, the Carrier, and the and the person identified as the Partner in the Framework Aircraft Charter Contract. Terms defined in the Framework Aircraft Charter Contract and in the Aircraft Charter Contract shall have the same meanings when used in these General Conditions, unless expressly defined herein.

    Unless the context otherwise requires defined terms shall have the same meaning as given to them in the Framework Charter Contract and as per the below:

    “Framework Aircraft Charter Contract” means the aircraft charter contract terms and conditions signed between the Partner and Jet Luxe, of which these General Conditions form an integral part and to which these General Conditions are attached in Appendix N°1.

    “Agreement” means the agreement constituted collectively by the Framework Aircraft Charter Contract, the Booking Confirmation and these General Conditions;

    “STD” means the scheduled departure time of any Flight Segment including when applicable the departure time of any positioning of the Aircraft for the first Fight Segment of a Trip:

    “ULR” means Ultra Long Range corporate jet such as Global 5000, 6000, 7500, Express; Gulfstream G450, G550, G650, G700 (GVI series), Dassault 7X and Dassault 8X, and any other corporate jet with similar size and range.
     
  2. CHARTER PRICE AND PAYMENT
    1. The Partner shall pay to Jet Luxe the Charter Price as set out in this Agreement.
    2. The Charter Price specified in this Agreement is based on aviation fuel costs calculated on the Effective Date. If for any reason whatsoever there shall be any increase in the cost of aviation fuel between the Effective Date and the date of operation of any Flight Segment, then the Partner shall pay to Jet Luxe on demand such amount as shall fully compensate the Carrier for such increase.
    3. Additional Charges:
      1. In addition to the charges set out under Clause 5.1 in the Framework Aircraft Charter Contract,  the Partner shall pay to Jet Luxe all additional charges, costs or expenses incurred by Jet Luxe in connection with the performance of any Trip, including those charges detailed below or under the General Conditions (the “Additional Charges”). Such Additional Charges will be invoiced together with supporting documents and paid for by the Partner upon presentation of the relevant invoice by the Partner. The Partner agrees and acknowledges that certain amounts that would be payable under this Contract as Additional Charges may not be immediately known following the performance of the Charter or supporting documents related thereto may not be immediately available at such time. The Partner agrees to pay such Additional Charges upon presentation of supporting documents whenever made available by suppliers and other service providers;
      2. The applicable Hourly Rate is exclusive of some specific Royal lounge access fees. Such Royal  lounge access fees will be charged at cost;
      3. Jet Luxe reserves the right to invoice Additional Charges for short notice bookings or itinerary changes (less than 72 hours notice based on actual invoices, e.g., fees for ATC/Landing clearances, catering where a longer lead time is required). Jet Luxe reserves also the right to charge additional fees for royalties and insurance;
      4. War Risk Insurance when applicable and any addition of additionally insured named parties for each flight;
      5. In relation to Trips involving multiple consecutive legs, the Aircraft will only made available for a maximum period spanning over two nights and the minimum fee (irrespective of actual Block Hours produced) will be a sum equal to two Hourly Rates per night. Special cancellation terms apply for such Round Trips;
      6. For flights with ULR aircraft with a duration less than 4 Flight Hours, Partner will be charged at the relevant operator’s cost with a mark-up of 5 per cent. As an alternative Jet Luxe can procure a suitable heavy jet (such as an aircraft from the  Bombardier Challenger or Embraer Legacy series);
      7.   A total of 0.5 Flight Hours will be added to all Flights in order to include taxi time at the airport of departure and destination;
      8.   The maximum number of passengers on ULR aircraft is 13. In case the number of passengers exceed 13, Jet Luxe will charge the actual cost for sourcing and providing a larger aircraft plus five (5) per cent mark up.
    4. The time stipulated in this Agreement for all payments by the Partner to Jet Luxe or to Carrier, and for the Partner to perform its obligations under this Agreement is of the essence.
    5. No set-off or counterclaim (whether arising in respect of this Agreement or any other carriage) shall entitle the Partner to withhold payment of any sums whatsoever payable to Jet Luxe under or by reason of this Agreement. In the event that the Partner is required to withhold any part of any payment payable by it to Jet Luxe or Carrier hereunder or to make any deduction therefrom, it shall pay such additional amount as may be necessary so that, after making such withholding or deduction, Jet Luxe shall receive from the Partner the full amount of such payment.
  3. AIRCRAFT AND CREW
    1. The Partner acknowledges that Jet Luxe acts solely as an intermediary between the Partner and the Carrier in connection with the provision of the Aircraft for any Flight Segment. The Carrier shall be responsible for providing the Aircraft at the commencement of the Flight Segment properly manned and equipped fuelled and airworthy in accordance with the laws and regulations of the state of registration of the Aircraft and the Aircraft shall be operated in accordance with all applicable laws and regulations during the period of the Flight Segment(s).
    2. The times set out in this Agreement are approximate and not guaranteed by Jet Luxe or Carrier, and the Carrier is entitled to deviate from the Flight Segment schedule and/or the duration of the Flight Segment and/or to reduce the maximum payload. The captain of the Aircraft shall have complete discretion concerning preparation of the Aircraft for flight, whether or not a Flight Segment shall be undertaken or abandoned and once undertaken, any deviation from proposed route, where landing shall be made and all such other matters relating to the operation of the Aircraft and the Partner shall accept all such decisions as final and binding. In the event that any Flight Segment is delayed more than 3 hours through the fault of the Partner or any Passenger, the Partner shall pay to Jet Luxe, on demand, demurrage at a rate determined by Jet Luxe as per Clause 6.3 below.
    3. All ground and operating personnel including cabin staff are authorized to take orders only from the Carrier unless specific written agreement shall first have been obtained from the Carrier whereby certain defined instructions may be accepted by such personnel from the Partner.
    4. The Carrier may in any event without any liability to the Partner or any Passenger refuse to carry or remove en route, if appropriate, any Passenger or his baggage where, in the exercise of its reasonable discretion, Jet Luxe or the Carrier decides that:
      1. such action is necessary for reasons of safety;
      2. such action is necessary in order to comply with any applicable laws, regulation or orders of any state or country to be flown from into or over;
      3. the conduct, status, age or mental or physical condition of the Passenger is such as to:
      4. require special assistance of the Carrier;
      5. cause discomfort or make himself objectionable to other Passengers, or
      6. involve any hazard or risk to himself or other persons or to property;
      7. such action is necessary because the Passenger has failed to observe the instructions of the Carrier;
      8. the Passenger has failed to submit to or pass any required security check;
      9. the Passenger’s baggage has not been cleared by all appropriate baggage screening checks;
      10. the Passenger does not appear to be properly documented; or
      11. the person presenting at the counter cannot prove that he is the person named on the booking or otherwise appears to have been acquired unlawfully or otherwise than from the Carrier or Jet Luxe.
    5. In the event that it is necessary in the flight crew’s reasonable opinion for the Aircraft to be diverted in flight for the purpose of removing any Passenger in accordance with the provisions of Clause 3.4 above (whether by reason of the Passenger’s conduct or physical or mental condition or for any other reason), the Partner shall indemnify Jet Luxe against any losses, costs, expenses, claims or liabilities which the Carrier may incur as a consequence.
  4. TRAFFIC DOCUMENTS
    1. The Carrier, through Jet Luxe, shall supply or procure the supply of Passenger tickets, boarding pass, baggage checks, air way bills and all other necessary documents relating to the carriage undertaken pursuant to this Agreement and the Partner shall give Jet Luxe all necessary information and assistance to complete such documents as soon as possible after making of this Agreement and, in any event, in sufficient time to be completed to issue to Passengers (see further Booking Rules, Clause 5 Below).
  5. BOOKING RULES
    1. The following rules shall apply to a Partner’s bookings (the “Booking Rules”):
      1. The Partner shall be required to advise any intended usage of the Aircraft by no less than seventy-two (72) hours with advance written notice to Jet Luxe. For any trip to/from the Asia Pacific region, Hawaii and the Hawaii region, the advance written notice to Jet Luxe is increased to 1 week (7 working days) notice.
      2. Partner shall provide to Jet Luxe the requested scheduled departure time (“STD”) for all requested Flight Segments of the Trip and all necessary passenger information requested by Jet Luxe or its agents (including but not limited to passport/visa copies relating to the destination) not less than 72 hours before the requested STD; and not less than 7 working days before a requested departure/arrival to Asia Pacific region and Hawaii; Jet Luxe or Carrier shall not be held responsible for any delay or inability to confirm and perform a Charter in case the above information is not provided within the stated time frame.
      3. Any intended usage notified within a time frame shorter than seventy-two (72) hours in advance may be subject to availability of the Aircraft, aircraft positioning fee to be added to the cost of the flight, and within limitation permits, slots and crew restrictions at cost.
      4. The Partner shall through the Partner Point of Contact and through the channel indicated by Jet Luxe (normally through the online booking portal), advise the details of the itinerary, passenger name list and baggage weight in writing to Jet Luxe.
      5. The particulars of the booking will be stated in the Booking Confirmation. It is the Partner’s obligation to carefully review the Booking Confirmation and in case of any errors immediately and not later than [2 hours after] the issuance of the Booking Confirmation, inform Jet Luxe about such error. Should Partner fail to give such notice, the Booking Confirmation shall be binding between the Parties and general cancellation terms will apply.
      6. Allocation of Flights are always made on a ”first come, first served” basis. Availability of the Aircraft is not guaranteed for any requests submitted less than 72 hours prior to the STD or double bookings. In relation to replacement aircraft, see the Framework Aircraft Charter Agreement. For avoidance of doubt, terms and conditions apply whenever a partner requires to make 2 bookings.
      7. The applicable rate per extra flight hour or part thereof will be as indicated in the applicable Booking Confirmation.
      8. Jet Luxe shall inform the Partner about maximum aircraft passenger capacity and baggage allowance, if so requested by the Partner.
      9. Jet Luxe will provide the Partner with the VIP menu to enable the Partner to place meal orders. Such meal orders shall be placed at least seventy two (72) hours in advance of each sector of the Charter flight. Any special request by the Partner for items not in the VIP menu will be provided subject to availability at an additional charge to the Partner.
      10. Any changes requested by the Partner to the itinerary in the Booking Confirmation, will be considered by Jet Luxe subject to amongst others the availability of the Aircraft and taking into account any flight and duty time restrictions of the crew as well as subject to available traffic rights requirements.
  6. CANCELLATION; PASSENGER DELAY
    1. If a Charter has been booked and Jet Luxe has issued a Booking Confirmation, Jet Luxe shall have the right to charge a fee in case the Partner cancels the Single Trip, as per the following:
      1. If a Charter is cancelled by the Partner more than 72 hours prior to the scheduled departure as per the Flight Confirmation, there will be no cancellation fee.
      2. If cancelled between 72 and 48 hours prior to the scheduled departure as per the Flight Confirmation, the cancellation fee shall be 50 % of the estimated Hourly Rates for the Trip.
      3. If cancelled between 48 and 24 hours prior to the scheduled departure as per the Flight Confirmation, the cancellation fee shall be 75 % of the estimated Hourly Rates for the Trip.
      4. If cancelled less than 24 hours prior to the scheduled departure as per the Flight Confirmation the cancellation fee shall be 90 % of the estimated Hourly Rates for the Trip.
    2. The cancellation fee if Partner cancels the second or subsequent Flight Segments in a Multiple Trip shall be 100 % of the estimated Hourly Rates for the Flight Segments in question, irrespective of when such cancellation was made.
    3. In case of a delayed departure caused by Partner or a Passenger that is longer than 3 hours, Jet Luxe shall be compensated for any additional costs caused by such delay (including but not limited to costs and expenses related to crew, hangarage, rescheduling).
    4. The Partner acknowledge that a delay may affect the flight duty period of the crew and negatively affect timing or the possibility to perform subsequent flights. In addition to compensation in cash from Partner, Jet Luxe may at its sole discretion choose to;
      I. Deduct an amount of the Partner’s Guaranteed Block Hours corresponding to the Block Hours of the subsequent flight that could not be performed;
      II. Be compensated by way of either use of the Deposit or;
      III. forfeiture of the whole or parts of the outstanding Pre Paid Amount (or a combination thereof).
  7. FLIGHT TIMES, LOADING AND EMBARKATION
    1. The Partner shall be solely responsible for ensuring that Passengers and their baggage arrive at the specified check-in point at the departure airport in sufficient time to be carried on any Flight Segment. In the event that any Passenger fails to arrive in sufficient time to be carried on the Flight Segment, Jet Luxe or Carrier shall be under no liability whatsoever to the Partner nor to such Passenger. Jet Luxe shall be under no obligation hereunder to make any alternative arrangements for any such Passenger. If the Jet Luxe, in its absolute discretion, arranges for any such Passenger to be carried on a later flight, the Partner shall pay on demand to Jet Luxe such additional sum that Jet Luxe may specify for each such Passenger to cover applicable passenger taxes administrative costs and other costs and expenses of the Carrier and Jet Luxe thereby incurred.
    2. In the event of any delay deviation or diversion of any flight, the Partner shall be solely responsible for any and all accommodation, refreshments, meals, transportation or any other additional costs, expenses, losses, damages or liabilities of whatsoever nature incurred in respect of the Passengers wherever and howsoever the same shall arise. All such costs, expenses, losses, damages or liabilities incurred by the Carrier shall be reimbursed by the Partner to Jet Luxe on demand.
    3. In the event that any Passenger is refused entry at any destination airport, the Partner shall indemnify and keep indemnified the Carrier and Jet Luxe, its crew, officers, employees, servants and agents against any and all cost or expense whatsoever incurred by Jet Luxe in respect thereof (including but not limited to charges, fee, penalties, imposts or other expenses levied upon the Carrier or Jet Luxe by any immigration authority) or of any arrangements made by the Carrier and/or Jet Luxe to return such Passengers to the country from which such Passenger was originally carried.
    4. Performance of Flight Segments are subject to all overflight and landing permits being in place, weather, slots and airport opening times.
  8. OBLIGATIONS OF THE CHARTERER
    1. The Partner shall only liaise with Jet Luxe with respect to performance of this Agreement and shall not approach the Carrier or any other operator of the Aircraft or a replacement aircraft directly.
    2. Jet Luxe are conscious of that the many Partners to the program value discretion and privacy. A partner is not allowed to, directly or indirectly through a middle man) make contact with another Partner (or prospective Partner ) of the program without Jet Luxe’s prior written consent (such consent to be of Jet Luxe’s sole discretion).
    3. The Partner shall comply with all the requirements of Jet Luxe in relation to the performance of all of the Partner’s obligations as set out in this Agreement.
    4. The Partner shall hold harmless and indemnify Jet Luxe against all claims, demands, liabilities, actions, proceedings and costs of any kind whatsoever arising from any default, breach or negligence on the party of the Partner or any Passenger, including in connection with complying with any of the provisions of this Agreement.
    5. The Partner shall comply in all respects with the conditions of all permits, licences and authorities granted for the Flight Segments and will procure such compliance on the part of all its Passengers.
    6. The Partner shall be responsible for the issue and delivery of all necessary passenger tickets, baggage checks and other necessary documents to all Passengers.
    7. The Partner shall comply and shall procure that all its Passengers shall comply with all applicable customs, police, public health, immigration and other lawful regulation of any state to/from or over which the Aircraft is or may be flown.
    8. The indemnities contained in this Clause 8 shall survive the termination of this Agreement.
  9. EXCLUSION OF LIABILITY/INDEMNITY
    1. Jet Luxe or Carrier shall be under no liability to the Partner or to any Passenger in respect of any variation to or cancellation of any Flight Segment or the non-availability of any seats which results from the acts or omissions of the Carrier, or for any failure by the Carrier to perform any Flight Segment and the Partner hereby acknowledges the same in favour of Jet Luxe.
    2. Jet Luxe shall be under no liability to the Partner for any failure by it or by the Carrier to perform their respective obligations under this Agreement arising from force majeure (including but not limited to, pandemic, war, terrorist attack, nature catastrophe, labour disputes, strikes or lock-outs or any other cause beyond the control of Jet Luxe and/or the Carrier including accidents to or failure of the Aircraft, its engines, or any other part thereof or any machinery or apparatus used in connection therewith.
    3. The Partner shall indemnify the Carrier and Jet Luxe against any claim by any Passenger arising out of any variation, cancellation, non-availability or failure to perform provided always that if Jet Luxe shall receive any refund from the Carrier in respect of any such varied cancelled or unperformed Flight Segments or unavailable seats which have already been paid for by the Partner, Jet Luxe shall (subject to the provisions of Clause 10 hereof and provided always that the Partner shall have duly fulfilled its obligations under this Agreement), pass on the relevant amount to the Partner.
    4. The Partner shall indemnify Jet Luxe and Carrier against any loss, damage, liabilities, costs or expenses of whatsoever nature caused to be suffered or incurred by the Carrier or by Jet Luxe and their respective officers, employees agents or subcontractors arising out of any act or omission of the Partner or its officers, employees or agents whether arising in contract or tort (including negligence) or otherwise.
    5. The Carrier shall not be deemed to undertake any carriage to which this Agreement relates as a common carrier.
    6. Carriage of the Passengers shall be subject to the conditions of carriage contained or referred to in the traffic documents of the Carrier including its general conditions of carriage.
    7. The Partner hereby acknowledges to Jet Luxe that it recognizes that Jet Luxe acts only as intermediary for the Carrier and that Jet Luxe is not in any way responsible for the acts, omissions or defaults of the Carrier or the failure of the Carrier to perform its obligations contemplated hereunder.
    8. The indemnities contained in this Clause 9 shall survive the termination of this Agreement.
    9. The carriage of the Cargo on international flights shall be governed by the rules and limitations established by the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, Poland on October 12, 1929, as amended by the Protocol signed at The Hague, Netherlands, on September 28, 1955. (herein collectively called the “Warsaw Convention”) and/or the rules and regulations established by the Montreal Convention on the Unification of Certain Rules for International Carriage signed in Montreal on 28th May 1999 (“the Montreal Convention”) which rules and limitations shall, to the extent such Warsaw Convention and/or the Montreal Convention is/are applicable, apply to the Flight Segment(s) hereunder.
  10. TERMINATION This Agreement may be terminated immediately upon notice from Jet Luxe to the Partner upon the occurrence of any of the events specified below:
    1. Partner defaults in the payment of any amount payable hereunder on its due date;
    2. the Partner is in breach of any of its other obligations hereunder which if capable of remedy has not been remedied within 14 days of receipt of written notice from Jet Luxe requiring remedy of such breach;
    3. the Partner admits in writing its inability to pay or becomes unable to pay its debts;
    4. a petition is presented for an administration order to be made up in relation to the Partner;
    5. proceedings are started or any steps are taken for the winding-up or dissolution of the Partner or for the appointment or a receiver, administrative receiver, trustee, supervisor or similar officer of the Partner or any or all of its revenues and assets; or
    6. an encumbrancer takes possession of any of the Partner’s revenues or assets, or any security created by the Partner becomes enforceable and the mortgagee or charge takes steps to enforce the same (including without limitation by appointing a receiver or administrative receiver to any of the assets of the Partner);
    7. the Partner convenes a meeting or takes any steps for the purpose of making or proposes to enter into or make any arrangement or composition for the benefit of its creditors;
    8. a distress or other execution is levied or enforced upon or against any part of the Partner’s property;
    9. the Partner suspends or ceases or threatens to suspend or cease to carry on its business or (expect in the ordinary course of business) it sells, leases, transfers or otherwise disposes of or threatens to dispose of all or any substantial part of its undertakings or assets (whether by a single transaction or by a series), or all or any substantial part of its assets are seized or appropriated by or on behalf;
    10. in the opinion of Jet Luxe a material adverse change occurs in the business, assets, condition, operations or prospects of the Partner (including Partner becoming subject (or it at risk becoming subject to) to sanctions under EU, UN, UAE or US legislation);
    11. any of the events specified in this Clause 11 occur in relation to any guarantor of the Partner’s obligations hereunder; or
    12. any other step or procedure analogous to the other steps or procedures set out in this Clause 8 is taken in any jurisdiction with respect to the Partner or any guarantor of the Partner’s obligations hereunder.
  11. EFFECT OF DEFAULT
    1. If this Agreement is terminated under Clause 10, then the Partner shall (without prejudice to any other rights and remedies which Jet Luxe may have) pay forthwith to Jet Luxe all amounts then due and unpaid hereunder, together with interest thereon (if any) at the rate specified by Jet Luxe and the Partner shall indemnify and keep Jet Luxe indemnified against all loss, damage, costs, expense, claim or liability incurred or sustained by Jet Luxe as a result of such termination. Jet Luxe shall be entitled to retain the Pre-Paid Amount as liquidated damages.
    2. The Partner shall indemnify the Carrier and Jet Luxe against any claims by any Passenger arising out of the termination of this Agreement.
    3. The indemnities contained in this Clause 12 shall survive the termination of this Agreement.
  12. SET-OFF AND APPLICATION OF MONEYS Jet Luxe may at any time without notice to the Partner at its discretion set-off any matured obligation due from the Partner (whether under this Agreement or otherwise) against any matured obligation owed by Jet Luxe to the Partner, regardless of the place of payment or currency of either obligation.  If the obligations are in different currencies, Jet Luxe may convert either obligation at a market rate of exchange in its usual course of business for the purpose of the set-off.
     
  13. ECONOMIC SANCTIONS
    1. The Partner declares that neither the Partner’ Company nor any of its subsidiaries nor, to the knowledge of the Partner’ Company, any director, officer or employee of the Partner’ Company or any of its subsidiaries is currently subject to any US, UN, EU or UAE sanctions administered by any Trade Compliance Authorities, including but not limited to, the Office of Foreign Assets Control of the U.S. Department of the Treasury, (together the “Trade Compliance Regulations”).
    2. The Partner declare to be aware of all economic sanctions laws, anti-boycott laws and trade restrictions imposed by the US, UN, the UAE and EU, as may be amended from time to time, and warrant to comply with them in all respects related to the performance of this contract.
    3. This warranty refers particularly but not exclusively to the nominated aircraft, to whoever may own, control, operate or have chartered the aircraft, to Partner’ documentary instructions, to any intervening Banks, and in general to any other person, company or entity involved in the performance of this contract.
    4. The Partner shall indemnify Jet Luxe or Carrier and hold them fully harmless in the event of loss or damage suffered by Jet Luxe or Carrier, their principals or their affiliates, as a result of any breach, whether intentional or not, of the above mentioned economic sanctions laws, anti-boycott laws and/or trade restrictions by Partner or any of the persons, companies and entities comprised in the Partner’ warranty of any governmental or other authority or are compulsory acquired; or if anything analogous to such events referred to above occurs in any jurisdiction in which the Partner conducts its business; or
    5. Nothing in this contract is meant to require either party to take any action which is likely to place it or its affiliates in a position of non-compliance with, or in contravention of, the above mentioned laws and restrictions. In particular, but without limitation, Jet Luxe shall at any time be entitled to reject or withdraw acceptance of any service where the acceptance of such service would place them or their affiliates in a position of non-compliance with, or in contravention of, the said laws and restrictions.
    6. Jet Luxe or Carrier is not obligated to proceed, and is excused under this agreement from proceeding, with any transaction or conduct that it reasonably believes would result in a violation by Jet Luxe or the Partner of the Trade Compliance Regulations.
  14. MISCELLANEOUS
    1. Domestic Programmes outside of EU (series of flights between points in the same country) are subject to all required authorisations and permissions being in place in advance of such flights. Restrictions may apply.
    2. Jet Luxe may, in its discretion and without compensation to the Partner, use any part of the baggage (or cargo) allowances of the Aircraft unused by the Partner, or any ferry or positioning flights for a given trip, provided it does not interfere with such trip.
    3. PNR (Passenger Name Records) and API (Advanced Passenger Information) are records of each passenger’s travel requirements held in Jet Luxe’s reservation and departure control systems. It may contain a wide range of information, such as dates of travel, travel itinerary, contact details, passenger details and baggage information. All airlines, including Jet Luxe, are required by applicable laws and regulations in most of our destination countries give border control agencies or public domestic or foreign authorities’ access to or share PNR and API data about passengers flying to their country in order to fulfil the Charter Agreement. Accordingly, Partner hereby consents to any personal data Jet Luxe holds about the Partner or the Passengers including Partner’s travel arrangements may be disclosed to customs and immigration authorities of any country to allow the implementation of this Agreement.
    4. Jet Luxe reserves the right to use Passenger’s personal data in order to be able to send the Partner or Passenger appropriate service emails, general information in relation to the trip and any changes to the Charters. Where a Partner or a Passenger have given Jet Luxe’s consent, Personal Data will only be used to communicate with the Partner or any Passenger for the purposes of this Agreement.
    5. Any notice required to be given under this Agreement shall be in writing and shall be deemed duly given if left at or sent by an internationally recognised courier service, fax or email to the address of the party to whom it is to be given that is mentioned in the Aircraft Charter Contract. Any such notice shall be deemed to be served upon actual receipt.
    6. This Agreement sets out the entire agreement and understanding between the parties or any of them in connection with the charter of the Aircraft as described herein and supersedes any prior representations, agreements, conditions, negotiations and undertakings whether made orally or in writing in relation thereto.
    7. No party has relied on any warranty or representation of any other party except as expressly stated or referred to in this Agreement.
    8. No claims shall be made against Jet Luxe in respect of any representation warranty indemnity or otherwise arising out of or in connection with the transactions contemplated hereby except where such representation, warranty or indemnity is expressly contained or incorporated in this Agreement.
    9. No variation of this Agreement shall be effective unless made in writing and signed by both parties.
    10. Each party must keep confidential this Agreement, the terms hereof, the transactions contemplated by it and any information supplied to it by or on behalf of the other party in connection with this Agreement. However, a party is entitled to disclose information: (a) which is publicly available, other than as a result of a breach by that party of this Clause; (b) in connection with any legal or arbitration proceedings; (c) to effect any registration, deregistration or filing required by or in connection with this Agreement; (d) if required to do so under any law or regulation; (e) to a governmental, banking, taxation or other regulatory authority; (f) to its professional advisers; or (g) with the agreement of the other party.
    11. Partners shall keep the terms of their Agreement confidential and will not disclose the terms hereof to any other Partner.
    12. No failure by Jet Luxe or Carrier to exercise and no delay by Jet Luxe 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.
    13. The Partner shall not be entitled to assign the benefit of this Agreement.
    14. Disclaimer: Jet Luxe is an air charter broker and is not an aircraft operator or a direct air carrier and is not in operational control of aircraft.
    15. Representations and warranties: The Partner makes the representations and warranties set out in this Clause 14.16 to each Jet Luxe and Carrier (such representations and warranties to be deemed repeated at each booking).
                  (a)        It is validly existing under the laws of its jurisdiction of incorporation or citizenship and domicile (as the case may be). It is solvent and is not subject to any receivership, administration or liquidation or similar proceeding in any jurisdiction.
                  (b)        It has the power to enter into and perform, and has taken all necessary action to authorise the entry into and performance of, this Agreement and the transactions contemplated by it.
                  (c)        Subject to any general principles of law limiting its obligations, this Agreement is its legally binding, valid and enforceable obligation and is in the proper form for its enforcement in the jurisdiction of its incorporation or domicile (as the case may be).
                  (d)        The entry into and performance by it of, and the transactions contemplated by, this Agreement do not conflict with: (i) any applicable law or regulation; (ii) its constitutional documents (if it is a corporate entity), or (iii) any document which is binding upon it or any of its assets.
                  (e)        All authorisations, licenses, approvals, permits and consents required by it in connection with its entering into and performing this Agreement have been obtained or effected (as appropriate) and are in full force and effect.
    16. The regions mentioned in this agreement are defined as follows:
                  (a)        Asia Pacific:  Australia, Bangladesh, Bhutan, Brunei, Cambodia, China, Fiji, Hong Kong SAR, India, Indonesia, Japan, Laos, Macau SAR, Malaysia, Maldives, Micronesian countries, Mongolia, Myanmar, Nepal, New Caledonia, New Zealand, Pakistan, Papa New Guinea, Philippines, Polynesian countries, Singapore, Solomon Islands, South Korea, Sri Lanka, Taiwan, Thailand, Timor-Leste, Vanuatu and Vietnam.
  15. SPECIAL CONDITIONS:
  16. The Regulation governs the liability of Community air carriers in the event of accidents and the following conditions shall then apply:
  17. In the event of an accident, the Carrier’s liability is not subject to any financial limit, be it defined by law, convention or contract in respect of damages sustained as a result of death, wounding or any other bodily injury by a Passenger.
  18. The Carrier has a strict liability for the first 100,000 SDRs of any claim unless it can prove that the damage was caused by, or contributed to by, the negligence of the injured or deceased Passenger.
  19. For claims in excess of this limit, the Carrier may be exonerated if it can prove that it took all necessary measures to avoid the damage or that it was impossible for it or them to take such measures.
  20. The Carrier will without delay, and in the event not later than 15 days after the identity of the natural person entitled to compensation has been established, make such payments as may be required to meet the immediate needs on a basis proportional to the hardship suffered.
  21. Without prejudice to the above, an advance payment of at least 16,000 SDRs per Passenger will be made in the event of death.

Making an advance payment shall not constitute recognition of liability and may be offset against any subsequent settlement. The payment shall be non-returnable unless the Carrier proves that the damage was caused by, or contributed to by, the negligence of the injured or deceased Passenger; or where it is subsequently proved that the person who received the advance payment was not the person entitled to compensation; or it is subsequently proved that the person who received the advance payment caused, or contributed to, the damage by negligence.

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