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Terms & Conditions
THESE TERMS & CONDITIONS GOVERN VILLIERS JETS FACILITATION OF AIRCRAFT CHARTER SERVICES.
THESE TERMS & CONDITIONS DO NOT CONSTITUTE A CONTRACT FOR CARRIAGE BY AIR. CONTRACTS FOR CARRIAGE WILL BE CONCLUDED BETWEEN CHARTERER AND AIRCRAFT OPERATORS AND WILL BE SUBJECT TO OPERATORS’ TERMS AND CONDITIONS OF CARRIAGE. VILLIERS JETS IS NOT A CONTRACTING OR COMMON CARRIER.
TO THE FULLEST EXTENT PERMITTED BY LAW, VILLIERS JETS ASSUMES NO LIABILITY WHATSOEVER IN RELATION TO THE USE OF THE VILLIERS JETS BOOKING PLATFORM, THE PERFORMANCE OF AN ITINERARY OR RELATED OPERATION OF AIRCRAFT.
1. DEFINITIONS AND INTERPRETATION
1.1 Unless the context otherwise requires, in these Conditions:
“Aircraft” means any aircraft for the time being operated by an Operator for the provision of an Itinerary;
“Booking Confirmation” means the confirmation provided by Villiers Jets to a Charterer detailing, inter alia, the Itinerary and Aircraft booked through Villiers Jets;
“Charter Price” means the price payable by a Charterer for the charter of an Aircraft for performance of the Itinerary, including Villiers Jets broker fees. Unless otherwise confirmed in writing by Villiers Jets the Charter Price shall not include (a) catering, (b) additional services (including any ground transport and helicopter transfers), (c) any increase in costs after the date of Booking Confirmation, including security costs, aviation insurance premiums, fuel, air passenger duty, airport charges or similar costs relating to the operation of the Aircraft or any part of the Itinerary, and (d) de-icing, weather-related or hangarage costs, airfield fire category upgrades, access to VIP lounges and terminals, fuel stops or out of normal hours airport charges;
“Claims” has the meaning provided in Clause 7;
“Conditions of Carriage” means the Operator’s general conditions of carriage for passengers and baggage, and Terms and Conditions available upon receipt of Operator’s contract;
“Empty Leg Charter” means a Charterer’s charter of an Aircraft for an Itinerary that is wholly contingent upon the completion of a separate charter flight by a third party;
“Handling Charge” means the charge imposed by Villiers Jets in consideration for its role as intermediary in securing the Itinerary, usually equivalent to a variable percentage of the costs charged by Operator;
“Indemnitee” has the meaning provided in Clause 7;
“Itinerary” means the flight or series of flights booked through Villiers Jets and shall include places of departure, places of destination, any stopping points and any departure and arrival times;
“Charterer” means any person utilising Villiers Jets as an intermediary in facilitating the booking of a private jet with a third party;
“Charterer Conditions” shall mean these Villiers Jets Terms & Conditions;
“Operator” means the third party independent licensed air transport undertaking that is the actual operator of an Aircraft for the Itinerary as specified in the Booking Confirmation;
“Operator’s Terms” means the terms pursuant to which the Aircraftis made available to a Charterer for the performance of the Itinerary;
“Passenger” means any person other than cabin or flight crew travelling on an Aircraft booked by a Charterer through Villiers Jets;
“Parties” means, as the context may require, Villiers Jets, Charterer and Passengers;
“Supplementary Invoice” means an invoice for any costs, charges or expenses which arise out of the performance of the Itinerary but fall outside the scope of the Charter Price;
“Villiers Jets” means Villiers Jets Limited of Hurlingham Studios, London SW6 3JA (UK) with company no. 08525860, and means the aircraft charter brokerage platform available at www.villiersjets.com,by telephone, email, What’s App, and SMS, by which Villiers Jets makes certain information, reservation, payment and scheduling services available to the Charterer in relation to their charter of aircraft from third party Operators.
1.2 In these Charterer Conditions:
1.2.1 except where the context makes it inappropriate, the masculine gender shall include the feminine and vice versa and the plural shall include the singular and vice versa;
1.2.2 headings are given for convenience only and shall not affect interpretation;
1.3 In the event of any conflict between these Charterer Conditionsand the Operator’s Terms and/or Conditions of Carriage, these Charterer Conditions will prevail in so far as such conflict relates to the relationship between Villiers Jets and the Charterer.
2. USE OF VILLIERS JETS WEBSITE AND BOOKING SERVICES
2.1 Subject to Clause 2.4 below, Charterer’s may book aircraft charters through Villiers Jets.
2.2 The Charterer hereby engage and Villiers Jets accepts such engagement to act as the Charterer’s broker with regard to arranging charter services on behalf of the Charterer with a third party Operator.
2.3 Charterer’s, confirm, acknowledge and agree that:-
2.3.1 in making services available through Villiers Jets, Villiers Jets acts solely as the agent for the Charterer and the intermediary between Charterer and Operators in arranging aircraft charters;
2.3.2 Villiers Jets does not and will not operate as an air carrier and itdoes not own, operate or maintain aircraft;
2.3.3 these Charterer Conditions do not constitute a contract for carriage by air;
2.3.4 Villiers is not a contracting carrier for the purposes of the Montreal Convention 1999, nor is it a common carrier;
2.3.5 all flights booked through Villiers Jets are provided by third party Operators, with Villiers Jets acting as agent for the Charterer;
2.3.6 carriage shall at all times be subject to the Operator’s Terms and (where applicable) Conditions of Carriage;
2.3.7 they are of sufficient legal age and capacity to enter into legally binding agreements, including these Charterer Conditions;
2.3.8 they shall without delay make a copy of these Charterer Conditions, the Operator’s Terms and (where applicable) the Conditions of Carriage available to all Passengers; and
2.4 A third party may not use Villiers Jets or make bookings on behalf of a Charterer unless expressly authorised to do so by that Charterer and on the condition that such third party brings these Charterer Conditions, the Operator’s Terms, the Conditions of Carriage (where relevant) and all communications from Villiers Jets and/or the Operator to the express attention of the Charterer without delay and obtains the Charterer’s agreement to all such terms and communications.
3. AIRCRAFT CHARTERS
3.1 A Charterer may use Villiers Jets to (a) submit an aircraft charter request for an on demand charter, or (b) express interest in an Empty Leg Charter, or Shared Flight. Villiers Jets shall use its reasonable endeavours to offer a Charter Price accordingly.
3.2 A Charterer’s acceptance of the Charter Price is deemed to occurupon the receipt by Villiers Jets of a deposit of:
3.2.1 30% (thirty percent) of the Charter Price or any such otherdeposit as may be required by the relevant Operator, whichever is the greater, where the Itinerary commences more than 30 days of the request; or
3.2.2 100% (one hundred percent) of the Charter price where the Itinerary commences within 30 days of the request; or
3.2.3 An Operator's contract stating the contracted price, signed by the Charterer and returned to Villiers Jets.
3.3 Subject to the continued availability of the Aircraft, uponacceptance of the Charter Price pursuant to Clause 3.2, Villiers Jets shall issue the Member with a Booking Confirmation.
3.4 The balance of the total Charter Price is payable no later than 30 (thirty) days prior to the commencement of the Itinerary, unless specified otherwise by the relevant Operator's Terms. Should the balance not be received within that timeframe Villiers Jets shall (in its absolute discretion) be entitled to cancel the Itinerary and refund the deposit received less (a) a fee of 7.5% (seven and a half percent) of the total Charter Price and (b) any cancellation fees due to the Operator in accordance with the Operator’s Terms
3.5 Charterer’s acknowledge and agree that the performance of an Empty Leg Charter is not guaranteed and is always conditional upon the primary charter (as giving rise to the empty leg) being operated. Should the primary charter be cancelled for any reason, the Empty Leg Charter will similarly be cancelled. In such circumstances Villiers Jets will endeavour to inform the Charterer of such cancellation without delay, with the Charterer being entitled to a full refund of all funds paid to Villiers Jets in relation to the Itinerary.
4.0 GENERAL TERMS
4.1 Where a Charterer requests any variation to the Itinerary or other terms of carriage as detailed in the Booking Confirmation, including but not limited to the carriage of additional Passenger or amendments to scheduled departure time(s), additional charges may be payable.Should Villiers Jets determine that additional charges are payable these shall be settled on demand by the Charterer named in the Booking Confirmation, failing which the requested variation(s) will not be actioned by Villiers Jets.
4.2 Villiers Jets may issue a Supplementary Invoice following completion of the Itinerary, which shall be settled on demand by theCharterer named in the Booking Confirmation.
4.3 Charterers and/or Passengers (as the case may be) shall be solelyresponsible for arriving at the specified check in point at the departureairport in sufficient time and for complying with the Operator’s Termsand (where applicable) Conditions of Carriage, including but notlimited to rules regarding luggage restrictions, the carriage of pets andon-board behaviour. To the extent a Charterer or any Passenger fails tocomply with such terms, Villiers Jets shall be under no liabilitywhatsoever, nor shall it be under any obligation to make alternativetravel arrangements for the Charterer and/or Passengers in the event ofany resulting travel disruption. To the extent Villiers Jets does elect toprovide assistance in making alternative travel arrangements allassociated costs shall be payable on demand by the Charterer namedin the Booking Confirmation.
4.4 Charterers shall give Villiers Jets all necessary information andassistance, including confirmation of the identity of all Passengerswithin any timeframe as may be stipulated by Villiers Jets, in orderthat Operator can issue traffic documents as necessary and/or finalisearrangements for the performance of the Itinerary.
4.5 Charterers and Passengers are solely responsible for obtaining allrequired travel documents and visas (including, where relevant, petpassports) and for complying with all applicable customs, police,public health, immigration and other lawful regulation, laws, orders,demands, instructions and travel requirements in countries ofdeparture, arrival or transit. All travel documents (including, whererelevant, pet passports) shall be presented in sufficient time tocomplete departure procedures. Villiers Jets shall have no liabilitywhatsoever for a Charterer’s or Passenger’s failure to comply with thisClause 4.5.
4.6 Where an Operator makes Villiers Jets aware of changes to anItinerary (including the departure time(s)), Villiers Jets shallendeavour to communicate such changes to the Charterer named in theBooking Confirmation.
4.7 Each Charterer shall at all times ensure that Villiers Jets isprovided with their current contact details, including but not limited totelephone numbers (landline and mobile) and a monitored emailaddress. Villiers Jets shall have no liability whatsoever for any lossessustained by a Charterer on account of Villiers Jets inability to contactthem using their disclosed contact details. For the avoidance of doubt,this includes any inability on Villiers Jets part to communicatechanges to the Itinerary pursuant to Clause 4.6.
4.8 Should a Charterer elect not to use one or more flights formingpart of an Itinerary, there shall be no entitlement to any refund fromVilliers Jets (partial or otherwise).
4.9 Charterers shall comply in all respects with the conditions of allpermits, licences and authorities granted for the performance of theItinerary and shall procure such compliance on the part of allPassengers
4.10 Should an Aircraft be diverted to an alternative airport, be forcedto return to base or suffer a technical failure, Villiers Jets shall use itsreasonable endeavours to provide assistance in sourcing alternativemeans of transport for the completion of the Itinerary, whether fromthe original Operator or an alternative Operator / transport provider. Inarranging any such alternative transport with an alternative Operator /transport provider Villiers Jets act solely as the Charterer’s broker,with such transport being subject to the terms and conditions of therelevant Operator / transport provider. Unless otherwise agreed byVilliers Jets, the cost of any such alternative transport shall be for theaccount of the Charterer named in the original Booking Confirmation,with any such costs to be settled in full prior to the commencement ofany alternative transportation.
4.11 In the event that
4.11.1 an Aircraft is detained (whether lawfully or otherwise) by anythird party (including but not limited to detention by anygovernmental, aviation or airport authority, overflight authority or byway of lien or requisition for hire or otherwise) whereby makingcompletion of the Itinerary impossible; or
4.11.2 the Operator or the relevant Aircraft has an administrator,receiver, trustee or other similar person acting on behalf of a lawfulauthority, appointed over all or part of its assets or business and as aresult the Operator is unable to perform the Itinerary at the same cost;or
4.11.3 the Operator becomes insolvent, enters into voluntaryliquidation, or is compulsorily wound up;
Villiers Jets shall use its reasonable endeavours to source analternative Operator who is able to operate the Itinerary (or remainingparts thereof) at a similar cost. A Charterer shall be entitled to acceptor decline any such alternative transportation. Should such an offer bedeclined, or should no alternative transportation be available, theCharterer shall be entitled to a refund from Villiers Jets of any fundspaid to Villiers in relation to the Itinerary, except as regards monieswhich have already been paid to the Operator, for which theCharterer’s sole recourse lies against the Operator. Should such anoffer be accepted, the Charterer shall, unless otherwise agreed byVilliers Jets, be liable for any associated costs exceeding the balance(if any) of the Charterer’s funds held in Villiers Jet’s client account.
4.12 Charterers acknowledge and agree that the captain of the relevantAircraft is entitled to take all necessary safety precautions at any time,including but not limited to the full authority to make decisionsregarding payload (passengers, luggage and cargo), planned route,flight timings, the sufficiency of weather conditions for safe flight andultimate landing destination.
5.0 PAYMENT
5.1 Villiers Jets facilitates payment directly between the Charterer andthe Operator. The Charter agrees to settle payment of the agreed andcontracted Charter Price as per the Operator’s Terms, as provided tothe Charterer by Villiers Jets in the Operator’s Terms, and Conditionsof Carriage.
5.2 In the event that payment will be made to Villiers Jets, thefollowing payment methods are accepted:
5.2.1 Bank transfers (available for Charter Price only);
5.3 All prices will be quoted and must be settled in Pounds Sterling,Euros or United States Dollars (as applicable).
5.4 All sums payable to Villiers Jets pursuant to these CharterConditions, including the Charter Price and any SupplementaryInvoice, shall be due in full, with any bank transfer fees and exchangecharges being for the payee’s account.
5.5 Pending payment to the Operator, funds received by Villiers Jetsby way of bank transfer will (net of any fees due to Villiers) be held ina client deposit account
5.6 In the event of a Charterer cancelling their confirmed bookingprior to the commencement of the Itinerary, funds held on trust byVilliers Jets will be refunded to the Charterer, less any cancellationfees payable to the Operator pursuant the Operator’s terms and VilliersJet’s Handling Charge.
5.7 In the event that Villiers Jets has an administrator, receiver,administrative receiver, trustee or any other person or entity appointedover a part or all of its assets or business such entities will have noclaim over the funds held in the client deposit account, which will beavailable solely for the payment of monies owed to the Operator.
5.8 Charterers shall pay all sums due under the Charter Conditions(including the Charter Price and any Supplementary Invoice) in fullwithout any right of set-off, deduction or counterclaim.
6. LIABILITY AND INDEMNITY
6.1 SAVE AS OTHERWISE PROVIDED IN THESE CHARTERCONDITIONS, AND TO THE FULLEST EXTENT PERMITTEDBY LAW, VILLIERS JETS AND ITS INVESTORS,SHAREHOLDERS, OFFICERS, DIRECTORS, AFFILIATES,AGENTS, CONTRACTORS, ATTORNEYS AND THIRD PARTYSERVICE PROVIDERS AND EACH OF THEIR RESPECTIVEEMPLOYEES (TOGETHER “INDEMNITEES”) SHALL HAVE NOLIABILITY WHATSOEVER FOR ANY INJURY, DEATH, LOSS,CLAIM, DAMAGE, ACCIDENT, DELAY OR ANY SPECIAL,EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIALDAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT,TORT OR OTHERWISE, IN ANY WAY ARISING OUT OF OR INCONNECTION WITH A CHARTERER’S USE OF OR ANY AIRTRAVEL OR OTHER SERVICES BOOKED THROUGH VILLIERSJETS, INCLUDING BUT NOT LIMITED TO:-
6.1.1 ANY ERRORS OR DELAYS IN RESPONDING TO ACHARTERER’S CHARTER REQUEST;
6.1.2 EQUIPMENT (INCLUDING AIRCRAFT) BREAKDOWN ORANY HARDWARE, SOFTWARE OR TRANSACTIONMALFUNCTION; AND
6.1.3 THE PERFORMANCE, PARTIAL PERFORMANCE, NONPERFORMANCE OR DELAYED PERFORMANCE OF (A) THEITINERARY BY THE OPERATOR OR (B) ANY ALTERNATIVETRANSPORT ARRANGED BY VILLIERS JETS, INCLUDINGANY ACCIDENT OR INCIDENT OCCURRING DURING THECOURSE OF CARRIAGE;
6.1.4 ANY ACT, NEGLECT, DEFAULT, OMISSION ORNEGLIGENCE OF OPERATOR, ANY ALTERNATIVETRANSPORT PROVIDER OR ANY OF THEIR RESPECTIVEEMPLOYEES OR AGENTS;
6.1.5 ANY ACT, NEGLECT, DEFAULT, OMISSION ORNEGLIGENCE OF A CHARTERER OR PASSENGERS.
6.2 Charterers expressly agree that their sole recourse for claimsarising out of performance of the Itinerary or any part thereof(including delayed, partial or non-performance) shall be against theOperator.
6.3 If, notwithstanding the provisions of this Clause 6, theIndemnitees have any liability to a Charterer, such liability shall (tothe fullest extent permitted by law) not exceed a sum equivalent to theCharter Price.
6.4 To the fullest extent permitted by law, each Charterer shall holdharmless and indemnify the Indemnitees from and against all claims,demands, liens, judgments, penalties, awards, remedies, liabilities,damages, actions, proceedings, costs and expenses (including, but notlimited to, legal costs) of whatsoever nature (together “Claims”) andhowsoever and whensoever arising out of or in connection with its useof the services of Villiers Jets, including but not limited to:-
6.4.1 any breach by the Charterer of these Charter Conditions;
6.4.2 the carriage of the Charterer’s Passengers, including theirconduct on-board the Aircraft, the adequacy of their traveldocumentation and their non-compliance with these CharterConditions, the Operator’s Terms, the Conditions of Carriage and allother rules and regulations as may be applicable to their carriage byair;
6.4.3 damage to an Aircraft caused by the Charterer, Passengers orpets;
6.4.4 the performance, partial performance or non-performance of theItinerary;
6.4.5 any breach or default under the contract of carriage concludedbetween the Charterer and Operator, including Operator’s Terms orConditions of Carriage;
6.4.6 any Claims by the Operator in relation to cancellation feespayable under the Operator’s terms and/or Conditions of Carriage;
6.4.7 any other losses being the subject of Clauses 6.1.1 – 6.1.5 above.save that an Indemnitee shall not be held harmless or entitled to anyindemnification in relation to Claims arising out of its own grossnegligence or wilful misconduct.
6.5 Strictly without prejudice to any other rights they may have, theIndemnitees expressly reserve any and all rights available at law toseek recourse against Passengers for any Claims arising out of theircarriage on an Aircraft.
6.6 To the extent a third party accesses Villiers Jets, or makesbookings on behalf of a Charterer, that third party shall hold harmlessand indemnify the Indemnitees from and against all Claims howsoeverand whensoever arising out of or in connection with that third party’suse of the Villiers Jets, including but not limited to any failure tocomply with Clause 2.4.
7. MISCELLANEOUS
7.1 These Charter Conditions set out the entire agreement andunderstanding between the Parties as regards the charter of aircraftthrough Villiers Jets. No Party has relied upon representations made toit by another Party, whether written or oral, except as is expresslycontained in these Charter Conditions.
7.2 No failure by Villiers Jets to exercise and no delay by Villiers Jetsin exercising any right, power or privilege hereunder shall operate as awaiver thereof nor shall any single or partial exercise of any right,power or privilege preclude any other or further exercise thereof or theexercise of any other right, power of privilege. The rights andremedies herein provided are cumulative and are not exclusive of anyrights or remedies provided by law.
7.3 Charterers shall not be entitled to assign their benefits under theseCharter Conditions.
7.4 Villiers Jets may at any time amend these Charter Conditions in itsabsolute discretion. Existing bookings shall remain subject to theCharter Conditions in force at the time of booking.
7.5 A person who is not a Party to these Charter Conditions shall haveno rights under the Contracts (Rights of Third Parties) Act 1999 toenforce any of its terms.
7.6 A person who is not a Party to these Charter Conditions shall haveno rights under the Contracts (Rights of Third Parties) Act 1999 toenforce any of its terms.
7.7 The Charter Price, payment terms and other commercial termscontained in the Booking Confirmation are confidential to the Partiesand may not be disclosed to third parties without Villiers Jet’s priorapproval.
7.8 Time shall be of the essence in respect of a Charterer’sperformance of its obligations under these Charter Conditions.
7.9 Villiers Jet’s collection, processing and use of personal data inrelation to these Charter Conditions is subject to the terms of VilliersJets privacy policy.
8. LAW AND JURISDICTION
8.1 These Charter Conditions and any non-contractual obligationsarising out of or in connection with them shall be governed by andconstrued in accordance with English law.
8.2 The courts of England shall have exclusive jurisdiction toadjudicate any dispute which arises out of or in connection with theseCharter Conditions, provided that Villiers Jets shall be entitled to takeproceedings relating to these Charter Conditions in any other jurisdiction.
