These Terms and Conditions shall apply to all agreements of transportation entered into between a Charterer and JetView (“JetView”). No variation of these terms and conditions shall be effective unless agreed in writing by the JetView.
Where a person, firm or company enters into the Agreement as agent of the Charterer, such entity shall be jointly and severally liable with the Charterer for the payment of the Charter Price.
1. DEFINITIONS
Particular expressions used hereinafter shall have the following meaning:
“Additional Services” – services such as Ground Transportation, Access to VIP Lounges and Terminals, Out of Hours charges, use of Satellite Phone or extra costs for additional catering all of which the charterer will bear the extra costs.
“Agreement” – an agreement of transportation entered into between JetView and a Charterer;
“Aircraft” –the aircraft detailed in the Charter Confirmation;
“Booking” – the process of entering into an Agreement;
“Carrier” – an aircraft operator holding an Aircraft Operator Certificate (AOC), and carrying out the air transportation stipulated in an Agreement;
“Charter Confirmation” – the charter confirmation in the basic form as described in Annex 1 to these Terms and Conditions and containing details of the air transportation stipulated in an Agreement;
“Charterer” – a person or legal entity who, by entering into an Agreement with JetView, is booking a flight or flights for her/him or others;
“Charter Price” – the price for the Charter and related goods and services as detailed in the Charter Confirmation;
“Conditions of Carriage” – the conditions of carriage of the Carrier, a copy of which is available from the Carrier upon request;
“Document of Carriage” – any document, in paper or electronic form, issued by JetView or the Carrier, naming the persons to be carried on an aircraft, the date, the time and the route of flight as well as information ancillary to this flight. Such document may be called “Charter Confirmation”, “Flight Brief” or “Ticket”;
“Flight Schedule” or “Schedule” – the routing and the departure and arrival times described in the Charter Confirmation (as the same may be modified or substituted for from time to time by the Carrier);
“Last Minute Change” – any alteration of the Agreement requested by the Charterer within 48 hours of the departure time stated in the Charter Confirmation;
“Passenger”– any person being named in a Document of Carriage, who is carried, or is to be carried, on an aircraft under an Agreement;
“Terms” the present Terms and Conditions
2. BASIS OF CONTRACT
2.1 These Terms apply to all agreements of transportation between the Charterer and JetView. Charterer should understand that by booking a flight with JetView, he agrees to be bound by these Terms. The application of general terms and conditions issued or imposed by the Charterer (or its agents employees or representatives) is excluded.
2.2 The Agreement as confirmed in the Charter Confirmation together with these Terms is the final and binding arrangement between the Charterer and JetView and superseds all previous representation, statements or offers made by the Charterer or JetView.
2.3 Any deviation from these Terms is only binding when confirmed by JetView in writing.
2.4 The Agreement may not be assigned to a third party and the Document of Carriage is considered “not transferable”. Any change in the person of a passenger or the number of passengers has to be notified at least 48 hours before the scheduled departure and is subject to the prior approval by JetView.
3. AIRCRAFT AND CREW
Flights are performed by a Business Aircraft as specified in the Charter Confirmation and with a licensed flight crew as required by EASA regulations. A flight attendant is typically not required on such aircraft, but the service may be arranged for a surcharge to the Charter Price. Business Aircraft offer an exclusive and comfortable way to travel, however due to the difference in cabin size and volume of the cargo hold, compared to airliners, baggage space is restricted and some aircraft may not be suitable for medically challenged or unusually big or tall passengers.
4. Charter Price
4.1 The Charter Price is calculated on the date of Booking and for travel on the specified dates and itinerary. It applies for the carriage of the agreed number of Passengers from the departure airport to the destination airport, including standard baggage allowance (see Section 7.2. hereinafter) and standard catering. The Charter Price does not include ground transport services between airports or transport between airports and city terminals, extra catering and special catering requests such as, but not limited to, caviar and special wines or spirits, special cargo requests, satellite phone and internet connection, war risk insurance and the use of special facilities at the airports, including but not limited to meeting or slumber rooms. Additional Services may be arranged subject to availability and the applicable surcharges will be added to the Charter Price if not quoted in the Charter Confirmation.
4.2 Applicable taxes, fees and surcharges imposed by governments or other authorities or by airport operators, as published at the time of Booking, are included in the Fare. Supplemental charges for additional services will be added. Depending on the form of payment chosen by Charterer, JetView may also add a (non-refundable) service charge to the total price. Detailed information is provided at request.
4.3 The Charter Price is payable in Euro, unless another currency is expressly agreed and stated in the Charter Confirmation.
4.4 Together with the Charter Confirmation, JetView will issue an invoice payable upon receipt. The flight will only be performed once the full Charter Price has been received and JetView shall be under no obligation to perform its services before such payment. If the Charterer fails to make the payments at the time and in the amount specified in the invoice, JetView may terminate the Agreement with immediate effect.
4.5 For operational reasons JetView shall be entitled to substitute, on prior notice, any other operator or any equivalent aircraft. To the extent that such substitution involves additional costs, such additional costs shall be notified to the Charterer, who shall be entitled to either accept the additional cost or decline the offer of alternative carriage.
4.6 In case an increase in security costs, aviation or other insurance premiums, fuel, airport passenger duty or other costs relating to the operation of aircraft or any part of the Charter, occurs after the date of the Booking, JetView reserves the right to increase the Charter Price accordingly.
5. Cancellation, Postponement, Delay and No Show
5.1. If a flight is cancelled or postponed by the Charterer, or carriage is refused in accordance with Para 9.2., 10.4. or 10.5., a cancellation fee (expressed below as a percentage of the total Charter Price plus the non-refundable service charges) will become due as follows:
- Between Booking and 48 hours prior to scheduled departure: 10 %
- Between 48 hours and 24 hours prior to scheduled departure: 40 %
- Less than 24 hours prior to scheduled departure or no-show: 100 %
The fee is payable by the Charterer, or retained by JetView from the amount already paid by Charterer, as the case may be.
5.2. However, re-bookings up to 48 hours before the scheduled departure may be arranged. In such event, the Charter Price is re-calculated and any additional cost shall be at Charterer’s expense and charged at the time of re-booking.
5.3. In the event that the flight is delayed due to a Passenger being late for departure, any additional charges for extensions or crew due to the expiration of crew duty hours, will be met by the Charterer.
5.4. No charge will be made if a flight is cancelled prior to departure due to adverse weather conditions or other operational reasons when the Carrier, in its absolute discretion, considers that it would be unsafe or impracticable to proceed with the flight. In the event of cancellation by the Carrier, JetView will use reasonable endeavors upon reasonable request by the Charterer to ensure that the destination is reached by alternative transport at a cost not higher than the agreed Charter Price. To the utmost extent allowable by law, neither JetView nor the Carrier shall be responsible for losses or damages of any nature, incurred by the Charterer or Passengers as a result of the delay or the cancellation.
6. Flight Schedule, Diversion and Force Majeure
6.1 The Flight Schedule specified in the Charter Confirmation is binding. Passengers are required to check in with the Carrier or the handling agent at the departure airport at least 30 minutes before scheduled departure time. A late arrival shall be considered a no-show. This is owing to the fact that the Carrier must be able to rely on the schedule to comply with operational regulations (e.g. airport and overflight slots, crew rest times).
6.2 JetView shall be entitled to charge the full fare in the event of a diversion to another airfield due to adverse weather conditions or other operational reasons. JetView, through the Carrier, shall endeavor to arrange for passengers to be conveyed to the destination or returned to the point of departure if required as soon as reasonably possible.
6.3 JetView and the Carrier reserve the right at any time to cancel, postpone or redirect the flight or provide the Charterer with another similar flight at the same cost in the event that the flight cannot be performed due to reasons beyond its control, including but not limited to, acts of God or the public enemy, war, civil war, warlike events, terrorism, infringement of a country’s neutrality, sabotage, hijacking, insurrections or riots, requisition, confiscation, expropriation, seizure, fires, floods, explosions, earthquakes, natural disasters, weather conditions, epidemics or quarantine restrictions, compliance with applicable law, regulations or orders, any act of any third party, any act of government, governmental priorities, allocation regulations or orders, strikes or labour troubles, general hindrance in transportation, serious accidents, aircraft accident, technical reasons, failure of a sub-contractor or supplier to furnish services, materials, accessories, equipment or parts or other force majeure event of any nature, or when the safety of the passengers or of the crew can reasonably be assessed to be in danger, at the discretion of the captain or of any Carrier’s personnel. In case the flight is cancelled or postponed for more than 24 hours, the Charterer may at his sole discretion decline the alternative transportation offered by JetView and receive a refund on the price of the flight.
7. Baggage
7.1 Passenger baggage weight is limited for flight safety reasons and varies in between aircraft types. Items determined by the aircrew to be of excessive weight or size will not be permitted on the aircraft.
7.2 The standard baggage allowance is 1 piece of baggage not exceeding the airline standard-size of 158cm (height + width + depth) and 25 kgs of weight and 1 cabin-sized bag (40cm x 30cm x 10cm) not exceeding 10 kgs of weight. Additional baggage is subject to special arrangements to be made at least 5 business days in advance of the scheduled departure, a baggage surcharge may apply.
8. Carriage of Dangerous Goods, Animals, Smoking on Board
8.1 Passengers are not permitted to have the following items and/or materials on board an aircraft: explosives (ammunition, fireworks, flares); flammable liquids or gas; high-power lithium batteries (more than 160Wh); oxidizing substances; toxic and infectious substances; corrosives substances; drugs; poisons; radioactive materials; magnetised materials and other materials on the list of the IATA Dangerous Goods Regulations. Copies of the relevant regulations are available on request.
8.2 The carriage of firearms and animals is subject to special conditions of transportation and therefore requires JetView’s explicit acceptance in writing. Charterer shall make a detailed request to JetView at least 5 business days in advance of the scheduled departure, otherwise such carriage may not be arranged.
8.3 Smoking is strictly prohibited at all times on all JetView flights. Failure to comply may result in extra charges for damage and cleaning.
9. Right to Refuse Carriage; Special Assistance
9.1 In the reasonable exercise of its discretion, JetView or the Carrier may refuse to carry a Passenger or Passenger’s baggage on JetView’s flights, provided that JetView has previously notified Charterer or Passenger in writing. Under these circumstances, Charterer will be entitled to a full refund of the Charter Price.
9.2 JetView or the Carrier may also refuse to carry a Passenger or Passenger’s baggage if one of the following has occurred or the Carrier’s aircrew has well-founded reasons to believe it will occur:
- the action is necessary to comply with national or international regulations, sanctions or embargos; or
- Passenger’s carriage or that of Passenger’s baggage may jeopardise or threaten the security, health or the comfort of other passengers or crew; or
- Passenger’s mental or physical condition, including Passenger’s impairment from alcohol or drugs, presents a hazard or risk to Passenger, other passengers, the crew or to property; or
- Passenger has committed misconduct on an earlier flight, and Carrier has reason to believe that such conduct may be repeated or
- Passenger has refused to submit to a security check; or
- Charterer has not paid the applicable Price, taxes, fees or charges; or
- Passenger does not appear to have valid travel documents, or Passenger may seek to enter a country which he is only entitled to transit or for which he does not have valid travel documents, Passenger has destroyed his documents during the flight, or Passenger refuses to surrender them to the flight crew – against receipt – when so requested; or
- Passenger cannot prove that he is the person named in the Document of Carriage; or
- Passenger presents a Document of Carriage that has been reported lost or stolen or was altered in any way, other than by JetView; or
- Passenger fails to observe Carrier’s instructions with respect to safety and security and warning signs or other instructions.
9.3 Acceptance of carriage of unaccompanied children, disabled people, pregnant women, persons with illnesses or other people requiring special assistance is subject to express prior arrangement to be made with JetView at least 5 business days in advance of scheduled departure.
10. Administrative formalities, travel documents and visas
10.1 The Passenger is solely responsible for obtaining all the required travel documents and visas for his journey, and for complying with all laws, regulations and requirements of the countries in or out of which or through which he is travelling.
10.2 JetView or Carrier shall not be held responsible for the consequences that result from Passenger’s failure to obtain such documents or from Passenger’s non-compliance with these laws, regulations and requirements.
10.3 Prior to travel Passenger must present all exit, entry, health and other documents required by law, regulation or other requirements of the countries concerned, and permit to Carrier to make and retain copies thereof.
10.4 JetView or Carrier reserve the right to refuse carriage of a Passenger who does not comply with these requirements, or if a Passenger’s travel documents do not appear to be in order. Neither Carrier nor JetView are liable if such refusal is made to the best of their knowledge. Furthermore, Carrier or JetView are not liable for damages that arise from non-compliance with formalities if a Passenger’s was accepted for carriage despite his non-compliance.
10.5 If a Passenger is denied the entry into a country, he and Charterer will be liable for any resulting expenses, fines and charges levied against the Carrier or JetView, as well as the cost of transporting the subject Passenger from that country. In this case JetView will not refund the ticket price collected for carriage to the point of denied entry.
10.6 By reason of Passenger’s failure to comply with the entry, exit or transit regulations of the country concerned or Passenger’s failure to produce the required (travel) documents, Charterer and Passenger shall reimburse Carrier or JetView any amount so paid or expenditure so incurred including any fines, penalties or costs for Passenger’s detention.
10.7 Furthermore, JetView reserves the right to take all such necessary measures in order to ensure that payment is made, especially by charging Charterer’s credit card.
10.8 If required, a Passenger shall attend the inspection of Passenger’s baggage by customs or other government officials. Neither Carrier nor JetView are liable for any damage suffered by a Passenger in the course of such an inspection or through Passenger’s failure to comply with this provision.
10.9 Passenger must submit to all security controls imposed by the authorities, airports, the Air Carriers or JetView.
11. Liability
11.1 Save as provided by Council Regulation 2027/97 as amended by European Parliament and Council Regulation 889/2002 the carriage under this Agreement is subject to the Warsaw Convention or the Montreal Convention which may limit the liability of the carrier for death or bodily injury and in respect of loss or damage to baggage. For domestic carriage in countries other than EU member states local law may apply. Further information may be obtained on request. JetView and all carriers engaged by JetView comply with the insurance requirements laid down in the applicable regulations.
11.2 In respect of carriage of Passengers
11.2.1 Carrier shall be liable to the Passenger in the event of an accident resulting in the Passenger’s death or bodily injury whilst on board an aircraft or in the course of any of the operations of embarking or disembarking. Carrier’s liability for damages for such death or bodily injury shall not be subject to any financial limit, be it defined by law, convention or contract.
11.2.2 For any damages up to an equivalent of SDR 128.821,00, Carrier shall not exclude or limit its liability by proving that it or its agents have taken all necessary measures to avoid the damage or that it was impossible for Carrier to take such measures. If, however, Carrier proves that damage was caused by, or contributed by, Charterer’s negligence, Carrier may be exonerated wholly or partly from its liability in accordance with the applicable law.
11.2.3 Carrier shall without delay and in any event not later than 15 days after the identity of the natural person entitled to compensation has been established, make such advance payments as may be required to meet immediate economic needs on a basis proportional to the hardship suffered. In the case of death such advance payment shall be not less than SDR 16.000,00 per Passenger. Such advance payment:
- shall not constitute an admission of liability by Carrier;
- may be offset against any subsequent sums payable on the basis of Carrier being held liable;
- is not returnable unless Carrier proves that the damage was caused by, or contributed to by the negligent act or omission of the deceased or injured Passenger; or the person who received the advance payment caused or contributed to the damage by negligence or other wrongful act or omission; or the person who received the advanced payment was not the person to whom the advanced payment should properly have been paid.
11.3 In respect of baggage
Carrier shall be liable to Passenger for destruction, loss or damage of baggage only if the damage resulted from Carrier’s fault or that of Carrier’s servants or agents and shall be limited to SDR 1.288,00 per passenger unless a higher value is declared to Carrier at check-in and the supplementary fee required is paid, in which case our liability will be limited to such higher declared;
11.4 In respect of passenger or baggage delay:
In case of passenger or baggage delay, Carrier shall be liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for passenger delay is limited to SDR 5.346,00, the liability for baggage delay to SDR 1.288,00.
11.5 Any exclusion or limitation of Carrier’s liability shall apply to and be for the benefit of its agents, servants, representatives and any person whose aircraft is used for carriage and its agents, servants and representatives.
11.6 Claims to the Carrier in regard to damaged baggage have to be made in writing within 7 days of the scheduled arrival, in regard to delayed baggage within 21 days after delivery. Any action in court to claim damages must be brought within 2 years of the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived. For claims based on national Civil Law different statutory limitations may apply.
11.7 The liability of JetView in contract, delict or otherwise, for any loss, damage, cost or expense suffered by Charterer outside the scope of the Council Regulation 2027/97 as amended by European Parliament and Council Regulation 889/2002, the Warsaw Convention or the Montreal Convention, is limited to wilful act or gross negligence.
12. Personal Data
12.1 Data Protection
JetView makes use of Charterer’s and its Passenger’s personal data exclusively within the framework of the statutory requirements, and always only insofar as this is required to fulfil its contractual obligations or where there is an explicit statutory authorisation or obligation to use the data. Therefore, JetView exclusively uses Charterer’s and Passenger’s personal details for the purpose of Charterer’s purchase and payment of the transportation stipulated in the Agreement, the fulfilment of its obligations and all associated additional services as well as the implementation of entry and customs procedures.
12.2 Collection of contact data
In accordance with the regulation (EU) No. 996/2010, JetView offers Charterer the option of naming a contact person providing their name and telephone number or email address; they will be advised should an aircraft accident occur. These details will be used exclusively for this purpose and will be deleted after Charterer’s flight.
13. Applicable law
The Agreement shall be governed by and construed in accordance with the laws of Austria.
14. Court of jurisdiction
Any and all disputes arising from or in connection with the Agreement including its formation and validity, shall unless otherwise stated by mandatory law be subject to the exclusive jurisdiction of the competent court for 6020 Innsbruck, Austria. For legal actions against JetView by consumers the mandatory legal provisions of the Austrian Consumer Protection Act apply.