Thank you for your interest in these Terms of Service (these “Terms”). These Terms constitute a legal agreement between you and J2 Air Charters governing the use of our air charter broker services.
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ABOUT US
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We are J2 Air Charters, Am Graben 5, 91477 Markt Bibart, Germany (“J2 Air Charters”,“we”, “us”, or “our”).
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We operate www.j2aircharters.com (our “website”),
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To contact us, please use info@j2aircharters.com or write to us at the above address.
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These Terms were last updated on Tuesday, 17th of September, 2024, and are the current and valid version.
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The following additional terms apply to your use of our website and services and form part of these Terms:
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Our Privacy Policy;
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Our Cookie Policy; and
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Our Terms and Conditions, if you are using our website.
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The J2 Air Charters logo as well as related marks, emblems and images are the copyright of J2 Air Charters. All Rights Reserved © 2024 J2 Air Charters.
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GENERAL TERMS
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We are an air charter broker service acting as an intermediary between you, the customer, and the operator of the aircraft or the other entity undertaking to transport passengers under a Charter Agreement (“Carrier”).
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We undertake, in consideration of the Brokerage Fee, to make the necessary arrangements for the carriage of Passengers by the Carrier on your behalf. As such, we undertake to enter into a Charter Agreement with a Carrier, on your behalf and act as your agent only.
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On the basis of your inquiry, we will prepare an offer for the conclusion of an agency contract for the conclusion of a Charter Agreement. In the case of electronic charter requests, we will confirm receipt of your charter request electronically. This confirmation shall, however, not constitute a confirmation of the acceptance of an agency contract.
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We do not
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act in the capacity of a Carrier and no contract of carriage is or will be entered into between you and us.
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operate, maintain, own any aircraft and we do not provide air transportation services.
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bear any obligation or liability in relation thereto (in particular for any injury, damage, death, loss, accident, or delay due to any action or omission of the Carrier or any other third parties or occurring out of or in connection with the Carriage Agreements and/or the flights (or any related services), whether incurred by the you or by the passengers).
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These Terms of service are not a contract for air transportation and no such contract is or will be entered into between you and us.
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To the extent US regulations 14 CFR Part 295 apply to the services offered we hereby inform you that:
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we are an air charter broker acting as bona fide agent;
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we are not a direct air carrier or a direct foreign air carrier in operational control of aircraft; and
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the air services advertised on our website shall be provided by properly licensed direct air carriers.
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BOOKING OF SERVICES
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The Brokerage Agreement shall come into effect upon receipt of your written instructions, whether in print or electronic form (your “Offer”), our confirmation of receipt of your Offer, and our written acceptance of your Offer (“Acceptance”). If the content of your Offer deviates from the content of our Acceptance, a new charter request will be made. Upon or immediately after conclusion of the contract, we will send you a booking confirmation in written or electronic form (“Booking Confirmation”) and you have entered into a legally binding Brokerage Agreement based on these Terms (“Brokerage Agreement”).
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The basis of the Brokerage Agreement shall be the information contained in your Offer and any supplementary information, insofar as you have provided such supplementary information to us along with your Offer.
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If you have made special requests not ordinarily offered by us, we agree to forward these to the Carrier upon booking but cannot guarantee or warrant that any specific requests will be fulfilled.
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Upon conclusion of the Brokerage Agreement and the payment of the in the Booking Confirmation indicated Brokerage Fee, we are instructed by you to enter into a legally binding Charter Agreement with the relevant Carrier.
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PAYMENT
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You agree to pay us the Flight Price in the amount and at the time specified in the Brokerage Agreement.
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The Flight Price shall cover
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the charges payable by us under the Charter Agreement to the Carrier and
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our remuneration of services under the Brokerage Agreement.
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Unless otherwise specified in the Brokerage Agreement, the Flight Price does not include special requests. Such costs will be invoiced separately (“Special Costs”).
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Should you require any amendments or additions to the flight itinerary, or should any other circumstance affecting the performance of flight(s) result in us being liable to pay additional costs to the Carrier under the Charter Agreement, you agree to pay the corresponding increase in the Flight Price, as communicated to you by us.
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You authorize us to apply the Flight Price or any amount thereof in settlement of any sum due to the Carrier under the Charter Agreement. You also acknowledge that such payments must usually be made to the Carrier in advance of Flight(s).
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In case of termination of the Brokerage Agreement prior to the conclusion of a Charter Agreement, we will promptly refund the Flight Price and any unused part of other payments received from you. In case of flight cancellation or non-performance of the Charter Agreement, we will refund you the Flight Price less our Brokerage Fee.
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We are entitled to withhold as a security any amounts which, in its reasonable opinion, may be due to the Carrier, pending the final resolution of a dispute with the Carrier or the Carrier’s confirmation that it renounces any claim.
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YOUR RESPONSIBILITIES
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You agree to ensure that all passengers and their baggage shall comply with all relevant laws and regulations, as well as with the Carrier’s conditions of carriage. It is your responsibility to ensure that all passengers comply with passport, visa, health, and other similar requirements of the states of departure, transit, and arrival. Should any surcharges, fines, or other costs arise as a result of a failure to comply with any such laws and/or requirements, the corresponding amount shall be borne exclusively by you. It is similarly your responsibility to ensure that all passengers comply with customs requirements, including, without limitation, the declaration of certain goods, items, currencies, etc.
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You agree to:
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provide us with all passenger(s) details, in due course as per our instructions.
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complete the travel documents in such form and within the deadline as we may require, and it shall be your responsibility to ensure that properly completed travel documents are delivered to all passengers in accordance with applicable law, and that all passengers comply with the provisions of such travel documents.
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be responsible for providing the passengers with all details of the flight itinerary and ensuring that they present themselves for departure at the time and place indicated in the Flight Itinerary. Passenger delays or no-show may result in the cancellation of Flight(s), in accordance with the Charter Agreement and the Carrier’s conditions of carriage.
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be responsible for ensuring that all Passengers, when embarking, travelling on and/or leaving the Aircraft, follow all instructions of the Captain, take good care of the aircraft, and do not cause any damage to the cabin or to any other parts of the aircraft.
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hold us harmless and indemnify us against all claims, demands, liabilities, actions, proceedings, and costs of any kind whatsoever arising from your default or any Passenger default in complying with any laws, regulations, the Carrier’s conditions of carriage, and the Brokerage Agreement.
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DELAYS, ALTERATIONS AND DIVERSIONS
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Neither we nor the Carrier can be responsible for delays due to air traffic control, adverse weather conditions or other factors outside their reasonable control. All times of arrival in the flight itinerary are indicative only.
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Where we arrange for passengers to be transferred to their destination by alternative means of transport, it shall be deemed to arrange such service as your agent and shall under no circumstance whatsoever be liable in respect of any loss or damage arising out of such transport. The costs of such transfer shall be borne by you.
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CANCELLATION AND TERMINATION
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You may terminate the Brokerage Agreement or cancel any flight at any time prior to the scheduled time of departure by notice to us in writing, subject to the payment of our and the Carrier’s cancellation fees, which are set forth in the Brokerage Agreement. The Carrier’s cancellation fees will apply regardless of the reason for your decision to cancel.
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We may apply any monies already received from you in satisfaction of the Carrier’s cancellation fees and will refund you any amount, if any, by which the monies already received exceed the Carrier’s cancellation fees specified in the Brokerage Agreement and our Brokerage Fee.
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We may terminate our Brokerage Agreement, without being liable to pay any cancellation fee or any other amount, in writing in case you commit any breach of our Brokerage Agreement, including without limitation a failure to pay an amount owed hereunder on the due date, or you suspend payments to your creditors generally, or any bankruptcy, liquidation, or similar proceedings are initiated in respect of the Customer, or you cancel more than two flights.
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EXCLUSION OF LIABILITY
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We shall be under no liability to you or any Passenger in respect of any variation to or cancellation of a flight resulting from any act or omission of the Carrier, for the failure by the Carrier to perform any flight, or in the event of any loss suffered by any Passenger in connection with any flight, and you hereby acknowledge that in any such event your sole recourse, if any, shall be against the Carrier under the applicable conventions, laws, and conditions of carriage.
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To the maximum extent allowed by applicable law, any liability for any damages arising out of or in connection with the Brokerage Agreement and our services under the Brokerage Agreement or these Terms is excluded. We shall not, in any circumstances, be liable to you for any indirect or consequential damage.
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We assume no responsibility for the condition of the aircraft or for any damages to you or any third party due to or in connection with the use of the aircraft. Any claims against the Carrier are to be handled exclusively by and between you and the Carrier. No claims can be made against us in this context.
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Our liability for our own negligence is limited to damages due to gross negligence or willful misconduct by our employees.
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OTHER IMPORTANT TERMS
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We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or obligations under these Terms.
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You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
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No joint venture, partnership or agency or employment relationship has arisen by reason of these Terms.
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These Terms and any document expressly referred to in it constitutes the entire agreement between us regarding their subject matter, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to that subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms or any document expressly referred to in it.
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If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
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If a dispute, controversy, or claim arises out of or relates to this Agreement or the breach thereof, and if the dispute cannot be settled through negotiation, the Parties agree first to try in good faith to settle the dispute by mediation, or a similar dispute resolution service. If the Parties are unsuccessful at resolving the dispute through mediation, the Parties agree to arbitration, or a similar dispute resolution service. Judgment on the Award may be entered in any court having jurisdiction. Any Party, before or during any arbitral proceedings, may apply to a court having jurisdiction for a temporary restraining order or preliminary injunction where such relief is necessary to protect its interests pending completion of the arbitral proceedings.
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Each of the conditions of this Agreement operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
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These Terms, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by the laws of Germany.
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Subject to the provisions of Clause 9.6, if such dispute or claim is not resolved within sixty (60) days, we both irrevocably submit to the exclusive jurisdiction of the courts of Neustadt a.d. Aisch.
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