FOR CUSTOMERS
This website is offered to you, the Customer, by Emtjets Limited, Unit 3 Boathouse Reach, Meadow Road, Henley-On-Thames Oxon RG9 1TJ Co No 6014607 England Vat No 921471247, conditional upon your acceptance without modification of the terms, conditions and notices contained herein. Your use of Emtjets services constitutes your agreement to all such terms, conditions, and notices. If you do not agree with these terms and conditions then you are not authorized to use Emtjets services.
The Suppliers (‘The Aircraft Operators’) are independent contractors and not agents or employees of Emtjets Limited. Emtjets Limited are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such Suppliers or for any personal injuries, death, property damage or other damage or expenses resulting there from. In particular, Emtjets Limited requests all Aircraft Operators (‘the suppliers’) are fully certified and regulated by the Aviation laws governed by the country, in which the Aircraft is registered. Emtjets Operators are required to hold an appropriate Operating license (AOC), are ATOL registered and/or comply with any national or international legislation, before using Emtjets systems and services.
You, the Customer, agree that:
The purpose of Emtjets Ltd is to offer you, the Customer, information about various services, including available empty legs on private jets, charter flights, cargo services or jets for sales. By accepting Emtjets Terms and Conditions, you (The Customer) agree to and not limited to the Aircraft Operators ("The Suppliers") Terms and Conditions for all services rendered.
General Conditions
The following general conditions are valid unless otherwise agreed in writing, for all flights ordered through Emtjets, hereinafter called ACC and operated by its business partners as aircraft charter operators, hereinafter called The Aircraft Operator.
1. You (‘the customer’) will be required to settle the full amount for all services rendered through Emtjets. A confirmed booking will be deemed to be made when a person or corporate body, having enquired through the Customer facility on our website or an Emtjets representative about; empty legs, charter flights, cargo services or jets for sale made available through your website, becomes legally bound to purchase the same.
2. The Captain of the aircraft has the right to refuse passengers or goods at any time, in the event that this is judged to be necessary in the circumstances. ACC and the Aircraft Operator’s personnel are governed solely by the implications of The Aircraft Operator’s instructions.
3. The price does not include expenditure arising as a result of passengers or goods being delayed prior to the start of the flight, or from a restraint on transportation as a result of such matters as public or medical orders, restraints, investigations or the like, and ACC or the Aircraft Charter Operator is in no way responsible for any such expenditure. The charterer shall refund any reasonable expenditure incurred by ACC or the Aircraft Charter Operator in connection with such matters. Unless otherwise agreed in writing, the Aircraft Charter Operator is also entitled to compensation for any period of waiting, and unless otherwise agreed, ACC or the Aircraft Charter Operator are entitled to cancel the flight, without compensation or reduction in the price agreed, when the aircraft has been waiting for more than 3 hours. In the case of helicopters operated from Battersea, compensation for parking shall be paid for each 15 minute delay and an ‘Aircraft On Ground’ fee appropriate to the helicopter’s hourly charter cost shall also be paid.
4. ACC or the Aircraft Charter Operator are not in any way responsible for expenditure after arrival at the destination.
5. Due to the nature of contracted flights, to protect all parties involved, Emtjets Ltd cancellation fees must mirror that of the Aircraft Operator. You accept that the following cancellation terms (or those of the Operator, whichever are the higher) will apply. These terms have been negotiated on your behalf and is as stated below: If the Charterer wishes to cancel any Flight or Flights subject of this Agreement, the following rates will be paid forthwith by the Charterer to the Agent as agreed compensation: 25% of the total Charter Price with immediate effect; 50% of the Charter Price if cancelled 14 days prior to departure; 75% of the Charter Price if cancelled 7 days prior to departure; 100% of the Charter Price if cancelled less than 3 days prior to the date of departure. (Please see invoice for payment details)
6. Performance of the flight is conditional on all necessary authorisation, including permission to start, over fly and land, being obtainable, unless special circumstances prevail.
7. The Aircraft Operator reserves the right to postpone, cancel or redirect the flight at all times, in the event that the flight cannot be performed due to war, warlike events, infringements of a country’s neutrality, insurrection, civil war, civil unrest, riots, sabotage, strikes, blockades, lockouts, quarantine, hijacking, terrorist actions, requisition, confiscation, expropriation, seizure, weather conditions or other force majeure of any nature, technical reasons, detention or similar measures, accidents with aircraft, or due no other factors over which ACC has no control, or when the safety of the passengers or the crew from the aircraft can reasonably be assessed to be in danger, at the discretion of the Captain or of The Aircraft Operator’s personnel. Unless stated otherwise in mandatory (indispensable) legislation, ACC or the Aircraft Charter Operator are not responsible for damage or loss as a result of or arising, directly or indirectly, in connection with the above-mentioned circumstances.
8. The charterer is responsible for all passengers and consignors being aware that as ACC is acting as an agent of The Aircraft Charter Operator, the ACC is in no way responsible for Bodily Injury or Death of passengers in accordance with Council Regulation (EC) No. 2027/97 of October 09th 1997, as amended by Council regulation (EC) No. 889/2002 of 13 May 2002.
9. The carriage of dangerous goods on the flight is not permitted. Dangerous goods include, but are not restricted to, compressed gasses (inflammable, non flammable and poisonous), corrosive materials, wet batteries, explosive materials, weapons, ammunition, fireworks, inflammable liquids, paint, lighter gas, matches, bleaching agents, magnetic materials, oxidizing liquids and radioactive materials.
10. All disputes regarding one or more flights ordered from or performed by the Aircraft Operator shall, unless otherwise stated in mandatory (indispensable) legislation, be decided in accordance with English law at ACCs home court.
Personal and non-commercial use limitation
Emtjets website is for your personal and non-commercial use. The content and information on this Website (including, without limitation, price and availability of flights offered by Suppliers), as well as the infrastructure used to provide such content and information, is proprietary to Emtjets Limited or the Suppliers. Accordingly, as a condition of using this website, you agree not to use this website or its contents or information for any commercial or non-personal purpose (direct or indirect). You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works: from, transfer, or sell or re-sell any information, software, products, or services obtained from this website. In addition, whether or not you have a commercial purpose, you agree not to:
(i) Access, monitor or copy any content or information of this website using any robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of Emtjets Limited;
(ii) Violate the restrictions in any robot exclusion headers on this website or bypass or circumvent other measures employed to prevent or limit access to this website;
(iii) Take any action that imposes, or may impose, in the discretion of Emtjets Limited, an unreasonable or disproportionately large load on the Emtjets Limited infrastructure; or
(iv) Deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without express written permission of Emtjets Limited
Copyright and trademark notices
All contents of this website are: Copyright © 2006 Emtjets Limited All rights reserved. Emtjets.com, Emtjets.co.uk are all trademarks or registered trademarks of Emtjets Limited. Other product and company names mentioned herein may be the trademarks of their respective owners. Images on this site are incorporated for viewing purposes only and may not be saved or downloaded in any format.
Liability disclaimer
The information, software, products and services published on this website may include inaccuracies or typographical errors. Emtjets Limited do not guarantee the accuracy of, and disclaim liability for any information provided by any Supplier on this website. Notice is given that changes may be made to this website at any time and to any Supplier’s website to which you may gain access.
Emtjets Limited make no representation about the suitability of the information, software or services contained on this website for any purpose and the inclusion of any flights on this website does not constitute any endorsement or recommendation of the same.
Emtjets shall use reasonable care and skills in carrying out the services provided in this website.
Emtjets Limited hereby disclaim all warranties, terms and conditions with regard to any information, software, products and services, including all implied warranties and conditions of suitable quality, fitness for a particular purpose, title and non infringement.
Indemnification
You agree to defend and indemnify Emtjets Limited and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages,
fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
(a) your breach of these website Terms, Conditions and Notices or the documents referenced herein;
(b) your violation of any law or the rights of a third party; or
(c) your use of this Website.
No unlawful or prohibited use
As a condition of your use of this website, you warrant to Emtjets Limited that you will not use this website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
Links to third-party sites
This website contains hyperlinks to websites operated by parties other than Emtjets Limited Such hyperlinks are provided for your reference only. Emtjets Limited does not control such websites and is not responsible for their contents or your use of them. Emtjets Limited's inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
Modification of these terms and conditions
Emtjets Limited reserves the right to change the terms, conditions, and notices under which this charter website systems are offered.
Agreement information
This agreement is governed by the laws of England and Wales. You hereby consent to the exclusive jurisdiction of the English courts in all disputes arising out of or relating to the use of this website. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
Emtjets Limited may, and you may not, assign, convey, subcontract or delegate rights, duties or obligations hereunder.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Emtjets Limited as a result of this agreement or use of this Website.
Emtjets Limited's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Emtjets Limited's right to comply with law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by Emtjets Limited with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will
be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
This agreement constitutes the entire agreement between, you, the customer and Emtjets Limited with respect to this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Emtjets Limited with respect to this Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.
Use of: www.emtjets.com
Emtjets.com is provided solely to assist customers in determining the availability of empty legs on private jets and to make legitimate reservations or otherwise transact business with Suppliers, and for no other purposes. You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use this website in accordance with all terms and conditions herein.
©2006 Emtjets Limited All rights reserved. Emtjets Limited, 3 Boathouse Reach, Meadow Road, Henley On Thames Oxon RG9 1TJ Co No 6014607 England VAT No: 921471247 |
