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ON DEMAND JET TERMS & CONDITIONS/CLIENT AGREEMENT
THE FOLLOWING TERMS & CONDITIONS (the “Terms”) SHALL GOVERN THE RELATIONSHIP BETWEEN ON DEMAND JET, LLC. (“On Demand Jet”), AND ANY AND ALL CLIENTS (the “Clients”) AND PASSENGERS FOR WHOM ON DEMAND JET ARRANGES, RESERVES OR OTHERWISE INITIATES TRAVEL VIA ONE OF ON DEMAND JET’S AIRCRAFT OPERATORS (the “Operators”).
THE CLIENT UNDERSTANDS AND AGREES THAT THESE TERMS DO NOT CONSTITUTE A CONTRACT FOR Charter BETWEEN THE CLIENT AND ON DEMAND JET. ANY CONTRACT FOR Charter RELATING TO AIR TRAVEL ARRANGED, CHARTERED, RESERVED OR OTHERWISE INITIATED FOR CLIENT BY ON DEMAND JET IS SOLELY BETWEEN THE CLIENT AND THE OPERATOR AND ON DEMAND JET IS NOT A PARTY OR THIRD PARTY BENEFICIARY OF SUCH CONTRACT FOR CHARTER.
IN THE EVENT OF ANY CONFLICT BETWEEN THESE TERMS AND THE OPERATOR’S CONTRACT FOR CHARTER, THESE TERMS SHALL PREVAIL TO THE EXTENT SUCH CONFLICT PERTAINS TO THE RELATIONSHIP BETWEEN ON DEMAND JET AND THE CLIENT.
THE CLIENT UNDERSTANDS AND AGREES THAT ON DEMAND JET IS NOT AN AIRCRAFT OPERATOR AND THEREFORE ON DEMAND JET ASSUMES NO LIABILITY OR RESPONSIBILITY RELATING TO THE OPERATION OR ITINERARY OF ANY AIRCRAFT OWNED, MAINTAINED OR OPERATED BY ANY OPERATOR.
ON DEMAND JET MAY, FROM TIME TO TIME, AMEND THESE TERMS IN ITS SOLE AND ABSOLUTE DISCRETION. ALL TRAVEL ARRANGED, RESERVED OR OTHERWISE INITIATED BY ON DEMAND JET FOR CLIENT SHALL REMAIN GOVERNED BY THE TERMS IN EFFECT AT THE TIME OF SUCH BOOKING.
- GENERAL PROVISIONS
1.1 On Demand Jet maintains a platform on which Operators make air travel available to its Clients via website(s), mobile application(s), telephone and email.
1.2 Any and all air travel performed pursuant to these Terms is expressly subject to any and all contracts, agreements or terms and conditions by and between Operator and Client.
1.3 Clients and Passengers acknowledge and agree that On Demand Jet has no liability, responsibility, authority or control whatsoever relating to Operator’s ownership, operation, maintenance, procedures or itineraries with respect to operation of aircraft or the provision of air travel and related services by Operator. Any and all claims of any nature whatsoever relating to air travel provided by Operator shall be directed solely to Operator.
1.4 Clients and Passengers are responsible for complying with the Operator’s terms & conditions and/or Contract for Charter (collectively, the “Operator’s Terms”), including, but not limited to the following: arrival at the airport in sufficient time for departure; pet Charter rules and restrictions; luggage and carry-on rules and restrictions; possession of valid personal identification and/or passport documents (as required by law and pursuant to the Operator’s Terms). Clients and Passengers should be aware that entry into another country may be refused even if they are in possession of required information and valid passports and visas.
1.4.1 In the event Client or Passenger fail to arrive at the airport on time for departure or otherwise fail to comply with Operator’s Terms such that Operator is not able or willing to provide Client and/or Passenger with the reserved air travel, On Demand Jet shall have no liability whatsoever to Client or Passenger for the cancelled air travel, nor does On Demand Jet have any obligation to reschedule or arrange alternate air travel for Client and/or Passenger without additional charges as may be required for any air travel arrangement made by On Demand Jet in the normal course of business.
1.4.2 Client and Passenger are solely responsible for obtaining and possessing at the time of air travel all travel documents required for their itinerary, including but not limited to passports, visas and government-issued photo identification. Client and Passenger are solely responsible for presenting any such documents to relevant officials in a timely manner that does not alter or delay Client or Passenger’s scheduled departure.
1.4.3 Client and Passenger are solely responsible for compliance with all laws, regulations, orders, demands and travel requirements of the countries whose laws may govern the flight. (the “Travel Requirements”). On Demand Jet does not provide advice or recommendations relating to Travel Requirements and On Demand Jet recommends that Client and Passengers consult the relevant government website regarding all such requirements. To the extent any On Demand Jet employee or agent attempts to provide such advice, On Demand Jet hereby expressly disclaims and denies liability for any statements made regarding Travel Requirements. On Demand Jet also hereby expressly disclaims and denies liability for any statements made by any employee or agent of any Operator regarding Travel Requirements. On Demand Jet shall have no liability whatsoever for Client or Passenger’s failure to comply with applicable Travel Requirements.
1.5 Client acknowledges and agrees that smoking is prohibited on all aircraft. Client expressly agrees to indemnify On Demand Jet against any and all claims, penalties, fees or other liabilities arising out of Client’s failure to comply with this provision.
1.6 Client accepts and assumes all responsibility and liability for the conduct of any and all Passenger(s) for whom s/he has arranged flights through On Demand Jet. Client acknowledges and agrees that by arranging flights for other Passengers, s/he has the authority to do so and that s/he has brought these Terms to the attention of the other passenger(s) and that they have agreed to be bound by them. Client also acknowledges and agrees that s/he has brought the terms and conditions of the Operator(s) to the attention of the other Passenger(s) and that they have agreed to be bound by them. Client further acknowledges and agrees that Client and the other Passenger(s) for whom s/he arranged flights through On Demand Jet are jointly and severally liable for any and all damages resulting from any default by Client pursuant to these Terms or the Operator’s Terms. In the event of a breach of these Terms or Operator’s Terms by Client or any other passenger(s), On Demand Jet reserves any and all rights available to it by law to seek recourse, indemnification and other relief over against Client and/or the other Passenger(s).
1.7 Client acknowledges and agrees that the client will become knowledgeable about and comply with the maximum number, weight and dimensions for carry-on and hold baggage, via the Operator’s Terms and/or the On Demand Jet website. Client further acknowledges and agrees that failure to comply with these requirements may result in the Operator refusing to carry baggage on board its aircraft. On Demand Jet assumes no liability whatsoever for such refusal.
1.8 On Demand Jet may at any time and at its sole and unfettered discretion refuse to provide additional services to any Client.
1.9 In the event an Operator makes On Demand Jet aware of changes in an itinerary, On Demand Jet shall use reasonable efforts to communicate such changes to Client via the communication methods (e.g., telephone or email) provided to On Demand Jet at the time of booking. On Demand Jet shall have no liability whatsoever for any failure to succeed in communicating with the Client concerning such changes.
1.10 In the event Client or Passenger(s) fail to arrive on time for or otherwise qualify for all or any portion of the air travel booked through On Demand Jet, Client shall not be entitled to any refund from Operator unless otherwise designated in Client’s agreement with Operator, regardless of the reason for Client and/or Passenger’s failure to use any portion of the air travel.
1.11 In the event an Operator is diverted from or otherwise prevented from landing at its intended destination for any reason, On Demand Jet shall take reasonable efforts to assist Client in securing alternate transportation to his/her intended destination provided, however, that Client understands and agrees that all costs and fees associated with such alternate transportation are to be paid completely and directly by Client to any third party provider(s) of such alternate transportation. Any Contract for Charter relating to such alternate transportation is solely between Client and the third-party provider(s) and On Demand Jet shall have no liability relating thereto. Client further acknowledges and agrees that while On Demand Jet may assist in booking alternate transportation, it in no way guarantees or warrants availability of alternate transportation deemed satisfactory to Client and/or Passenger(s).
1.12 In the event that: (a) an Operator’s aircraft is detained (lawfully or otherwise) by any third party (including, but not limited to any regulatory, administrative, government agent or by way of lien or requisition for hire) making completion of Client’s itinerary impossible; (b) the Operator has an administrator, receiver, trustee or other similar person acting on behalf of a lawful authority appointed over all or part of its assets in such a manner that prevents the Operator from completing the itinerary; or (c) the Operator becomes insolvent, enters into voluntary liquidation or is otherwise wound up such that completion of Client’s itinerary becomes impossible, then On Demand Jet shall use reasonable efforts to source an alternative Operator that is able to complete the Client’s itinerary at a similar cost in accordance with the provisions of 1.11 above.
1.13 In the event an alternative Operator is sourced pursuant to the preceding paragraph 1.12, On Demand Jet shall make the details of the alternate itinerary available to Client and Client shall be entitled to accept or decline the alternative arrangements.
1.13.1 If Client declines the alternative arrangements, then Client’s recourse shall lie solely and exclusively with the Operator.
1.13.2 Where an offer of alternative transportation arrangements is accepted pursuant to paragraph 1.12, the Client(s) accepting such arrangements shall be liable (in equal proportion) for any costs over and above the original total cost for the operation of the itinerary prior to the event(s) described in paragraph 1.12.
1.13.3 Where an offer of alternative transportation arrangements is made pursuant to paragraph 1.12 in relation to a booking that was made through a person authorized by a Client to book air travel arrangements through On Demand Jet, all communications and the issuance of travel documents shall be performed solely by the authorized person on behalf of and for the benefit of Client and Passenger(s) and any payment shall be paid directly to Operator. On Demand Jet will only communicate directly with Clients concerning such booking when specifically requested to do so by the authorized person.
- CLIENT RESPONSIBILITIES
2.1 Client submits an aircraft charter request through On Demand Jet’s website for an itinerary specified by the Client. On Demand Jet shall use its reasonable efforts to procure a price for such charter (the “Charter Price”) from Operator and communicate the same to Client.
2.2 Client submits a flight request and books air travel through On Demand Jet, the Client pays the air operator directly and in the form that the air operator specifies.
2.3 CAUTION (when making a flight request): When submitting flight requests it is solely and entirely the Client’s responsibility to ensure that it is accurate in every respect. Double and triple check all details but especially dates and times and desired route. On Demand Jet has no means of noticing that an error has occurred.
2.4 CAUTION (when booking a flight): After receiving a quote in response to a flight request, the Client is solely and entirely responsible for ensuring, before entering into a contract with an air operator that the operator has understood and accurately reflected the flight request in the quote which was provided by it. Only the Client (passenger) is truly equipped to notice mistakes and misunderstandings and cause them to be corrected. On Demand Jet introduces Clients to the eligible operator(s) in response to a flight request. The ongoing communication and alterations and contracting is between the Client and the operator alone.
- EXCLUSION OF LIABILITY / INDEMNITY
3.1 On Demand Jet shall be under no obligation to Clients and/or Passengers on a flight forming part of an itinerary in respect of any variation to or cancellation of an itinerary by the Operator (regardless of the reason therefor) and each Client and Passenger hereby acknowledges to On Demand Jet that in any such event they shall only have recourse against the Operator pursuant to the terms of conditions of the contract between the Operator and the Passengers.
3.2 On Demand Jet shall be under no liability to any Clients and/or Passengers for any failure by On Demand Jet to perform its obligations under these Terms arising from any reason beyond On Demand Jet’s control, including force majeure which shall include but not be limited to labor disputes, strikes or lock-outs.
3.3 Client shall indemnify On Demand Jet and hold On Demand Jet harmless against any claims, demands, liens, judgment, penalties, awards, remedies, debts, liabilities, damages, costs (including, but not limited to, legal costs and attorney fees), demanded or sought by any Operator or other person on a flight in connection with the actions of a Client’s Passenger(s) in any way connected with the embarkation, flight or disembarkation from an aircraft.
3.4 Clients and Passengers shall indemnify On Demand Jet and keep On Demand Jet indemnified against any claims, demands, liens, judgment, penalties, awards, remedies, debts, liabilities, damages, costs (including, but not limited to, legal costs and attorney fees) arising out of their conduct and/or non-compliance with these Terms or the Operator’s Terms, during Charter on board an aircraft. Such indemnity shall be in effect for any claims brought against On Demand Jet by an Operator in respect of cancellation fees payable under the Operator’s Terms or any other fee or penalty including fees or penalties for cleaning, catering services, de-icing, hangar use, and airport or FBO fees of any kind.
3.5 Charter booked under these Terms shall always be subject to the Operator’s Terms.
3.6 In the event a booking is made through a travel agent, On Demand Jet shall have no liability whatsoever to a Client, Passenger, potential Client or potential Passenger arising out of or in any way connected with such travel agent’s failure to comply with these Terms. In such circumstances, the sole recourse for an aggrieved Client, Passenger, potential Client or potential Passenger shall be against the travel agent or the air operator if a contract of Charter has been entered into between the Client and Operator This provision shall include claims involving: (a) cancellation of an itinerary by On Demand Jet due to the travel agent’s failure to effect payment within the timeframes set out under the agreement with Operator; (b) cancellation of an itinerary by Operator due to the travel agent’s failure to effect payment within the timeframes set out under the agreement between Operator and Client; (c) the travel agent’s failure to transmit information (including booking confirmations and itinerary changes) to a Client, Passenger, potential Client or potential Passenger in a timely manner; or (d) errors in the data or information provided by the travel agent to On Demand Jet.
3.7 On Demand Jet’s platform permits Clients to make arrangements with independent contractor Operators. Although On Demand Jet takes care in selecting these Operators, they are all independent parties and On Demand Jet has no control over them and is not responsible for their acts or omissions. Services provided by these Operators are subject to any conditions imposed by them and as such, their liability is limited by their tariffs, conditions of Charter, booking terms, tickets and vouchers. Some of these terms and conditions may limit or exclude the Operator’s liability to Clients and Passengers.
3.8 On Demand Jet is not responsible for any loss, damage or injury, whether physical or mental, or to property, resulting from any delay, substitution or deficiency of quality of equipment or service, or any act, omission, or negligence of any of the Operators, their agents, servants, employees or subcontractors supplying any of the services or for any claims for such loss, damage, or injury, whether physical or mental, arising therefrom, or from any claim that arises by reason of any action or omission of any party other than On Demand Jet.
3.9 On Demand Jet’s liability for any loss, damage or injury, whether physical or mental, arising from its own acts, omissions or negligence, is limited to the price of the fee paid to On Demand Jet.
- PAYMENT TERMS
4.1 Operators set their own payment terms on the On Demand Jet platform and provide these terms and information to Clients on the On Demand Jet platform. Operators specify how they want to be paid and in what timeframe payment must be made. On Demand Jet displays this information to Clients and provides this information in booking confirmation emails.
4.2 Operators also specify in what currency they want to be paid and must be paid in this form of currency. Any currency exchange fees are the sole responsibility of the Client.
4.3 Refunds for Charter Flights are always pursuant to the Operators terms and conditions. Any currency exchange fee, foreign exchange rate difference, refund fees, transfer fees, wire fees, or bank fees are the sole responsibility of the Client receiving such refund.
5.1 These Terms and Conditions set out the entire agreement and understanding between On Demand Jet and Clients and Passengers regarding the use of the On Demand Jet platform to charter aircraft. No Client or Passenger may rely on any representations made to it by any other person or party, whether written or oral, except as is expressly contained in these Terms.
5.2 No failure by On Demand Jet to exercise and no delay by On Demand Jet 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 or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies provided by law.
5.3 No Client or Passenger shall be entitled to assign their rights or benefits under these Terms.
5.4 These Terms may not be varied except with the written agreement of On Demand Jet.
- APPLICABLE LAW AND FORUM
6.1 The laws of the state of Minnesota shall apply in the event of a dispute, controversy or claim arising out of or in relation to the services provided by On Demand Jet, without giving effect to any conflict of law principles.
6.2 Client and Passenger(s) agree that the Superior Court in Hennepin County, in the state of Minnesota, shall have exclusive jurisdiction over the resolution of any dispute, controversy or claim arising out of or in relation to the services provided by On Demand Jet.
Revised: May 1, 2020
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Do we use ‘cookies’?
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However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en
We use Google AdSense Advertising on our website.
We have implemented the following:
- Remarketing with Google AdSense
- Google Display Network Impression Reporting
- Demographics and Interests Reporting
- DoubleClick Platform Integration
We, along with third-party vendors such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions and other ad service functions as they relate to our website.
Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising Initiative Opt Out page or by using the Google Analytics Opt Out Browser add on.
California Online Privacy Protection Act
According to CalOPPA, we agree to the following:
Users can visit our site anonymously.
How does our site handle Do Not Track signals?
We honor Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
Does our site allow third-party behavioral tracking?
It’s also important to note that we allow third-party behavioral tracking
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.
We do not specifically market to children under the age of 13 years old.
Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify you via email within 7 business days.
We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.
CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to:
- Send information, respond to inquiries, and/or other requests or questions
- Process orders and to send information and updates pertaining to orders.
- Send you additional information related to your product and/or service
- Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.
To be in accordance with CANSPAM, we agree to the following:
- Not use false or misleading subjects or email addresses.
- Identify the message as an advertisement in some reasonable way.
- Include the physical address of our business or site headquarters.
- Monitor third-party email marketing services for compliance, if one is used.
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