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LEGAL POLICY
This Legal Policy of JETS BETTER LIMITED determines the conditions of use for users of websites’ and/or webpages’ and/or mobile apps’ materials and services, located on https://www.jetsbetter.com/ (hereinafter – the Site).
This Legal Policy is not an agreement for air transportation and no such agreement is or will be entered into between the User and Jets Better Ltd.
1. GENERAL PROVISIONS
1.1. This Legal Policy may not be modified except in writing. If any of these terms shall be deemed unlawful, void, or for any reason unenforceable, that provision shall be severed from these terms and shall not affect the validity and enforceability of the remaining provisions.
1.2. Jets Better Ltd reserves the right to change, modify or amend these terms and conditions at any time, without prior notice. As we continue to develop the Site, the Legal Policy will likely change. While any such changes will be posted prominently on the Site, we encourage you to refer to the Legal Policy on an ongoing basis, each time you visit the Site.
1.3. The Site and Jets Better Ltd collate options for air charter trips, as well as provide other services connected with this trip.
1.4. The Site provides services for carriers and users of air carrier services (hereinafter – the Users), through advertising and providing of information on available air transportation services provided by the carriers.
1.5. Jets Better Ltd in any way does not and will not act as air carrier or operate, maintain, own or charter aircraft and will only act as an information, reservation, and payment services provider.
1.6. The User agrees to use the Site only in accordance with this Legal Policy. The User may access and use the Site only in order to research carriers’ charter aircraft schedules and prices, make legitimate requests to book services offered by carriers (the Requests) and enter into agreements with carriers for air transportation services.
2. USAGE OF THE SITE
2.1. By registering in the Site the User confirms and warrants that he is of sufficient legal age and capacity to enter into legally binding agreements, including these Legal Policy and any agreements with the carrier, as well as confirms and warrants that no restriction applies to him that would prevent him from entering into or performing any such agreement.
2.2. The User shall only access and use the Site to research carrier's charter flight’s possibility, schedules and prices, make legitimate Requests to book services offered by carriers and/or Jets Better Ltd. The User is obliged not to make speculative, false or fraudulent Requests. Fraudulent users will be prosecuted and will face civil and criminal liability.
2.3. The User shall not use the Site to make Requests or enter into any agreements for or on behalf of third parties unless he is legally authorized to do such actions on that third party's behalf.
2.4. The User agrees and warrants to indemnify and hold Jets Better Ltd harmless from and against any liabilities, losses, damages, claims (including reasonable attorneys' fees), relating to your actions or omissions on behalf of any third party, including your failure to inform such third parties of all applicable terms and conditions applicable to services acquired through the Site.
2.5. Jets Better Ltd has a right to suspend and/or cut off User’s access to all or part of the Site at any time, with or without notice and with or without reason.
3. USER’S OBLIGATIONS
3.1. The User acknowledges and agrees that any and all materials and information contained in the Site, including without limitation, data, software, photographs, images, video, graphics, sounds, quotes, written and other materials (the Materials) are the property (including intellectual property) of Jets Better Ltd.
3.2. The User is obliged not to copy, disseminate or misappropriate any Material without prior written consent of the Jets Better Ltd. For the legitimate usage of any Material is necessary to conclude a license agreement with the owner - Jets Better Ltd.
3.3. Jets Better Ltd gives the User a limited license to use the Site for personal purposes. In addition to the above rights to use the Site for personal (non-commercial) purposes the User does not have any rights to reproduce, display, publish, license, modify, processing, use to create derivative works, transfer or sell the content of the Site or posted information in including any other intellectual property of Jets Better Ltd.
4. BOOKING SERVICES AND CANCELLATION OF THE FLIGHT
4.1 The Site is a charter flight services market and Jets Better Ltd only acts as a broker between carriers and the User.
4.2. Jets Better Ltd does not provide air transportation services and does not assume liability for any injury, damage, death, loss, accident or delay due to any action or omission of carriers or third parties in connection with charter flight and third parties’ services.
4.3. Jets Better Ltd is not a participant of any carrier’s and User’s agreement and bear no obligation in relation thereto. It is the User’s responsibility to ensure, prior to entering into any agreements, that the User and all third parties are legally authorized to undertake the charter flight, including but not limited to, holding valid passports, visas, invitations, sponsorships, according to the laws of the countries of departure and arrival.
4.4. If the User wishes to cancel any charter flight after confirmation of the agreement with the carrier the User shall pay to the carrier 100% of the charter price as agreed compensation for such cancellation.
4.5. Jets Better Ltd bears no liability for any cancellation of an agreement between the User and carrier or of a charter flight by the carrier. In case of such cancellation, Jets Better Ltd may, at its own consent, offer a replacement of the carrier or reimburse any amounts. Jets Better Ltd is not responsible for damages arising out of or in connection with the cancellation of any charter flight or services.
5. PAYMENT
5.1. Payments to Jets Better Ltd and carriers can be made by swift bank transfer, debit or credit card in good standing on an account authorized to charge, or by prior bank transfer on appropriate account.
5.2. The User is obliged to make payment for the full amount due in accordance with his reservation latest at the time book his trip, including any taxes and services. In case of any payments to Jets Better Ltd it will remit this payment to the carrier in accordance with the service agreement between Jets Better Ltd and the carrier.
5.3. All prices and amounts are shown on the Site and are in Euros (EUR), unless otherwise noted.
5.4. Jets Better Ltd deducts from the charter price a facilitation fee before remitting funds received from the User to the carrier.
6. DATA PROTECTION
6.1. Jets Better Ltd will collect and process personal data as is necessary or useful in connection with the performance of appropriate services in accordance with its Privacy Policy.
7. LIABILITY LIMITATIONS
7.1. All products, services, information available on the Site are provided on an "as is, as available" basis, without any warranty of any kind, either express or implied, other than those imposed by law. In particular, without limitation, no warranty is made regarding the acceptance of any Request; regarding the availability of services on the Site or by a carrier; regarding the completeness, accuracy, reliability or quality of any information provided or available through the Site; regarding the performance or non-performance of charter flights by carriers; that the Site will be accessible or error-free.
7.2. The User confirms and agrees that his uses of the Site, as any charter flights or services purchased through the Site is at User’s sole risk and expense.
8. RESPONSIBILITY
8.1. The User shall be solely responsible for any and all liability arising out of or relating to its relationship with:
8.1.1. third parties on behalf of which he uses the Site and enter into contractual relationships;
8.1.2. carriers, any third party and any conduct, or absence of conduct of charter flight or any additional services.
8.2. The User shall reimburse and hold all harmless Jets Better Ltd and its investors, shareholders, officers, directors, employees, affiliates, agents, contractors, attorneys, and third party service providers and their employees from and against all claims, actions, liabilities, losses, expenses, damages and costs, including, without limitation, reasonable attorneys' fees that may or will at any time be incurred by any of them due to User’s use of the Site, including without limitation by reason of any allegations or proceedings concerning:
8.2.1. any breach or default in any agreements with carriers and/or third parties;
8.2.2. any loss or damage to persons or property connected in or resulting from User’s operations;
8.2.3. any violation of applicable laws or regulations by the User;
8.2.4. arising out of any breach by the User of this Legal Policy.
8.3. In particular, the User shall be solely liable for any damage that may caused to the aircraft in which the User travels, by him, other passengers for which he booked a charter flight, and/or any animals.
9. EXCLUSION OF LIABILITY
9.1. To the fullest extent permitted by law, in no event shall Jets Better Ltd be liable for any injury, death, loss, claim, damage, act of god, accident, delay, or any special, exemplary, punitive, incidental or consequential damages of any kind, whether based in contract, tort or otherwise, which arise out of or are in any way connected with any use of the Site or with any delay or inability to use the Site, or for any charter flight or other services obtained through the Site.
9.2. Jets Better Ltd is not responsible for any User damages and/or delays due to carrier cancellations, breach of agreements, equipment breakdown, government restraints, war, civil unrest, weather or any other causes beyond Jets Better Ltd’s reasonable control. No responsibility is accepted for any additional expense, omissions, delays, re-routing or acts of any governmental authority.
9.3. The User shall not be responsible for any carrier's breach of agreement or violation of law, or any other wrongdoing of a carrier (including any liability in tort), as to any services arranged through the Site.
9.4. Jets Better Ltd is not responsible for any errors or delays in responding to a Request caused by technical problems beyond their control, including without limitation User error, hardware, software or transaction malfunctions. If, notwithstanding any of the above, Jets Better Ltd is found liable for any loss or damage relating to the use of the Site, the User agrees that the liability of any such party shall in no event exceed the fee or charge paid by you to Jets Better Ltd.
10. ENTIRE AGREEMENT
10.1. This Legal Policy constitute the entire agreement between the User and Jets Better Ltd relating to his use of the Site, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by Jets Better Ltd making such amendments or modifications available on the Site.
10.2. If any clause of this Legal Policy is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired.
10.3. Each 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.
11. AMENDMENTS
11.1. Jets Better Ltd has a right to amend this Legal Policy at any time.
11.2. Amended Legal Policy will be made available on its website. The User’s continuing use of the Site constitutes his acceptance of the amended Legal Policy.
12. APPLICABLE LAW AND JURISDICTION
12.1. This Legal Policy and User’s use of the Site is governed by the laws of the England and Wales.
12.2. The courts of general jurisdiction located within England shall have exclusive jurisdiction over any and all disputes arising out of, relating to, or concerning this Legal Policy and/or the Site or in which this Legal Policy and/or the Site are a material fact.
13. FINAL CLAUSES
13.1. Any notice required to be given shall be in writing and shall be deemed duly given if left at or sent by first class post, email or facsimile message to the address herein stated of the party to whom it is to be given.
13.2. In relation to the use of the Site, operated by Jets Better Ltd, you hereby declare, represent, and warrant:
13.2.1. By engaging in the use of the Site acknowledges awareness of various countries and institutions, including the EU and UK, implementing measures that restrict the operations of aircraft chartered by Russian or Belarusian citizens and corporations controlled by them, encompassing overflight bans.
13.2.2. Should you engage in the Booking Confirmation through a third party, such as a broker, all representations herein apply not only to you and the broker but also to those on whose behalf they act, including the individual(s) reasonably deemed the charterer of the flight.
13.2.3. For a UK flight, you are not "a person connected with Russia" as defined in The Russia (Sanctions) (EU Exit) Regulations 2019(3) (as amended from time to time).
13.2.4. You are not "a person connected with Belarus" as defined in The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2022 (as amended from time to time).
13.2.5. You are permitted to fly on the designated route as outlined in any flight request, in accordance with EU Regulation 2022/334 (amending 883/2014 or as otherwise amended).
13.2.5. You are not (i) a Russian citizen (ii) a corporation under the direct or indirect Control of a Russian citizen, or (iii) any other impermissible designation or affiliation under applicable laws.
13.2.6. You are not (i) a Belarusian citizen (ii) a corporation under the direct or indirect Control of a Belarusian citizen, or (iii) any other impermissible designation or affiliation under applicable laws.
13.2.7. You are not prohibited from flying on the route under any other applicable laws.
13.2.8. You have taken no steps to circumvent the application of any applicable laws, including, without limitation, the obfuscation of the actual charterer/principal to Jets Better Ltd.
13.2.9. You are not subject to any sanctions administered or enforced by the U.S. government, including, without limitation, the Office of Foreign Assets Control of the U.S. Department of the Treasury or the U.S. Department of State, and including, without limitation, the designation as a "specially designated national" or "blocked person," the United Nations Security Council, the European Union, Her Majesty's Treasury, or other relevant sanctions authority.
13.2.10. You, by utilising the Jets Better Ltd platform, are fully compliant with and shall at all times comply with all applicable contractual terms and conditions.
13.2.11. You undertake to hold Jets Better Ltd Limited and its subsidiaries and affiliates harmless from and indemnify them (and their respective employees, officers, directors, insurers, and reinsurers) against all losses, damages, fines, and expenses arising from any breach by the Client (including its employees, servants, principals, agents, subcontractors, and representatives) of the representations and warranties contained herein.
13.2.12. You commit to promptly notify Jets Better Ltd if this Declaration ceases to be fully accurate in the future (and shall specify the details in such notification).
IMPORTANT NOTE: REFERENCES THROUGHOUT THIS DECLARATION TO "RUSSIAN CITIZEN" OR "BELARUSIAN CITIZEN" INCLUDE AN INDIVIDUAL WITH DUAL/MULTIPLE PASSPORTS, AND THE TERM 'YOU' SHALL BE DEEMED TO INCLUDE THE CHARTERER, ALL PASSENGERS AND ANY BROKER OR OTHER AGENT OR INTERMEDIARY.
