The terms and conditions stated herein (collectively, the “Agreement”) constitute a legal agreement between you and Asia Jet Partners Limited, a Hong Kong corporation (“Asia Jet” or the “Company”). In order to use our Services (defined below) you must agree to the terms and conditions that are set out below. By using or receiving any services supplied to you by Asia Jet (collectively, the “Service”), you hereby expressly acknowledge and agree to be bound by the terms and conditions of the Agreement, and any future amendments and additions to this Agreement as published from time to time on Asia Jet’s website.
Asia Jet reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes. Asia Jet also reserves the right at any time to change, suspend or terminate any of the services or benefits included in the Service, including, without limitation, changes, suspension or termination of any routes, types of aircraft used and/or operators that perform flights, and changes to (or imposition of new) fees or other charges for services or benefits. Asia Jet may from time to time offer new routes, types of aircraft and other services or benefits, all of which are subject to change, suspension or termination at any time and also are subject to additional fees or charges. Grandfathered membership fee rates are subject to periodic inflation adjustments and do not include access to new services or benefits that may be offered after the initial date of purchase of membership.
THE COMPANY DOES NOT PROVIDE AIR CARRIER SERVICES, AND THE COMPANY IS NOT A REGISTERED AIR CARRIER. IT IS UP TO THE THIRD PARTY AIR CARRIER CHARTER OPERATOR (“OPERATOR”) TO OFFER AIR CHARTER SERVICES, WHICH CAN BE SCHEDULED THROUGH US. THE COMPANY OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH THIRD PARTY AIR CHARTER SERVICES.
Asia Jet offers access to a number of approved charter operators offering private charters and flights operated under public charter certificates issued by the relevant international jurisdiction. Including but not limited to U.S. 14 CFR US Part 135, EASA Part NCC, HKCAD121 and/or CAAR135 (“Public Charter”). For private charters, Asia Jet shall act solely and exclusively as your procurement agent in arranging the flight. Operators, and not Asia Jet or the aircraft owner, are responsible for ensuring the safety of a flight and providing the charter services, including the flight crew and aircraft operations. Operators have authority from their own country’s Civil Aviation Authority and Department of Transportation to operate. Asia Jet is NOT a registered U.S. 14 CFR US Part 135 air carrier or a Part 121 or CCAR135 license holder, nor does it provide air carrier services. Asia Jet offers its vast experience and the method by which to obtain the services of the Operators in the most economical manner, but in no way does it have any responsibility or liability for any charter services provided by third parties. By using our Services and booking a charter flight, you authorize Asia Jet to enter into a charter contract with the Operator as your procurement agent.
CHARTER FLIGHT BOOKINGS
You will be responsible for arranging charter flights with an Assigned Client Relationship Executive (CRE), through Asia Jet’s website(s) or other method acceptable to Asia Jet. Acceptable methods may include email, text message, whatsapp, wechat or by telephone with a CRE.
CONFIRMATION OF FLIGHTS
For private charters, on your behalf, Asia Jet will confirm aircraft availability with the Operator, execute necessary documents to reserve the aircraft, and process payment. It is your sole responsibility to carefully review and verify all travel details reflected in the confirmation when completing the booking. Upon your review and acceptance of the invoice or booking confirmation, any trip cancellations or modifications will be subject to applicable cancellation policies.
PAYMENT FOR CHARTER FLIGHTS
You agree to open an account with Asia Jet as a one off charter or as a Asia Jet Card Member and to provide all requested information, including Company or individual contact details, authorized persons on the account, payment method, T.T., cash at local bank branch, by cheque or by credit card. In Asia, credit card acceptance for charter flights is not widely used. We will advise if your credit card of choice will be accepted or not at point of booking. We prefer a Telex Transfer and to provide a copy of the payment once it has been processed. When reserving an aircraft with a credit card an authorization/reservation will be processed for the amount reflected on the Invoice Quote (as defined below) plus a credit card charge applicable to the card service provider you are using.
Prior to reserving an aircraft, Asia Jet will provide you with an invoice quote that will outline the preliminary cost of the requested flight (“Invoice Quote”). Please note that the Invoice Quote might not include Additional Expenses as fully described below. Once you confirm and approve the Invoice Quote, you shall be responsible for authorizing payment for the Invoice Quote from your account using the available methods offered by Asia Jet.
Payment for Services, including the Invoice Quote, shall be subject to the following terms and conditions, which may be amended from time to time, at the discretion of Asia Jet.
Additional expenses (“Additional Expenses”) may be incurred for the following: in-flight telecommunications and internet usage, fees for animal transportation service, cleaning services for service animal transportation or cleaning required due to the excess wear and tear of the aircraft caused by you or your guests, catering orders over and above our standard budget for the length and time of journey based on a per head basis, ground transportation and other services whether or not itemized in the confirmation documentation will be billed when incurred on your behalf. There may be a fuel surcharge or winter segment fee in order to provide for aircraft de-icing or hangarage, which may be itemized separately and appear as an added charge upon booking or at a later time if services are added or consumed after the confirmed booking. Members are responsible for all Additional Expenses resulting from their or their guests’ use of the Service. These charges may originate from the Operator providing air transportation services or a third party provider. Unless you inform and instruct us otherwise, charges related to such additional expenses will be charged to the client as an additional cost by invoice, or deducted from the Card Member’s Card balance.
Asia Jet will transmit any Final Invoices to you in regards flight costs incurred within 7 days of the flight completion or as soon thereafter as charges for additional service and extraordinary items are provided by the Operator to Asia Jet. In the event that any amount due from you to Asia Jet hereunder remains unpaid for more than five (5) days beyond the date such amount was due to be paid, such outstanding amount shall be subject to interest at the lesser of 1.5% per month or the maximum amount of interest permitted by law. In the event that any form of payment provided by you to Asia Jet is rejected and Asia Jet incurs any fees as a result of such rejection (e.g., insufficient funds), you shall be responsible to reimburse Asia Jet promptly for all such fees.
IDENTIFICATION AND TRAVEL DOCUMENTATION
In accordance with International Air Transportation Security regulations and any additional regional government regulations you and your authorized guests are required to comply with all these regulations, and will be required to present valid identification and any required Visa’s applicable for destination prior to departure of all flights. Operator has the right to refuse boarding to any person without the required documentation or as a result of non-compliance with China Customs, TSA (USA) or other government regulations without recourse or further obligation on behalf of Operator or Asia Jet.
Asia Jet will require you to provide detailed and accurate passenger information regarding all persons traveling pursuant to arrangements made by you, after or during the booking process. Such information has to be furnished to Asia Jet no later than twenty four (24) hours prior to departure. You agree to timely provide to Asia Jet all required information, and you acknowledge that failure to provide the information, providing inaccurate or incomplete information or failure to provide information in a timely manner may result in delaying a flight, the Operator or pilots electing to deny boarding, and may ultimately result in you and/or your guests missing the flight, which will be considered a cancellation without notice and will be subject to cancellation fees.
You agree that you are obligated to fly according to the Flight Itinerary provided by Asia Jet which stipulates the departure time and in some cases the authorized runway slot time based on and in consideration of the preferred departure time indicated by you at the time of booking. In some airports like Hong Kong there are specific regulations for the use and application of slots for private jets, where an authorized slot has a 2 hour buffer either side of the allocated slot time. If the operator exceeds outside this limitation it can be penalized.
YOU MUST BE AT THE AIRCRAFT PREPARED TO TRAVEL AT LEAST 15 MINUTES PRIOR TO THE DEPARTURE TIME INDICATED ON THE FLIGHT ITINERARY. FOR PRIVATE CHARTERS, IF YOU ARE NOT AT THE AIRCRAFT 1 HOUR 30 MINUTES AFTER THE SCHEDULED DEPARTURE TIME READY TO FLY WITHOUT GOOD REASON, YOU WILL HAVE MISSED THE FLIGHT AND SLOT.
For private charters, Pilots may wait up to one hour thirty minutes after the indicated departure time as a grace period, but are under no obligation to do so. Should you miss a flight, you are solely responsible for alternate arrangements. You will be charged for the missed flight and payment will be rendered according to the terms and conditions of the confirmation and this Agreement, which includes the pre-authorized Card Membership account to be charged as provided.
DISCLAIMER OF RESPONSIBILITY FOR DELAY/CANCELLATION, OTHER
Asia Jet shall not be liable for any delay or failure to perform in connection with any flight, Service or in the performance of any obligation hereunder or for any unavailability or inaccessibility of the Application if such delay, unavailability, inaccessibility or failure is due to or in any manner caused by acts of God, including typhoons, hurricanes, earthquakes, volcanic ash clouds, rebellion, riots, hijacking, insurrection, civil commotion, strikes or labor disputes, fires, floods, laws, regulations, acts, demands or orders of any government or agency, seizure of the aircraft under legal process, adverse weather conditions, inability to obtain fuel, aircraft damage or loss, lack of essential parts or supplies, mechanical problems, illness or incapacitation of crew members, denial of operating, runway slots or landing approvals, clearances or permits by governmental authority, denial of service attack, any other attack on the systems of Asia Jet, scheduled maintenance of the operators or any other cause which is beyond the control of Asia Jet. Asia Jet is hereby released from any claim or demand for any direct or consequential damages arising out of failure to perform as a result of a force majeure event whether or not herein enumerated or other event referenced above. In no event shall you pursue Asia Jet for any amount in excess of actual invoice or membership fees and Asia Jet’s liability shall be strictly limited to an amount equivalent to the termination or cancellation terms in the charter contract or Asia Jet membership fee actually paid by you.
If your conduct or the conduct of your guest endangers the aircraft or any passenger or property while on board, or you or your guests obstruct or hinder the crew in the performance of their duties, or fail to comply with any instruction of the crew, including but not limited to, those with respect to smoking in any form, drugs, alcohol, or use of any threatening, abusive or insulting words towards the crew or any behavior which causes discomfort, inconvenience, damage or injury to the crew or other passengers on the flight, we may take such measures as we deem necessary to prevent continuation of such conduct including restraint. You and/or your guests may be disembarked and refused onward carriage at any point and may be prosecuted for offenses committed on board the aircraft. Further, in Asia Jet’s discretion, your Asia Jet membership privileges may be revoked permanently, without refund.
You agree to reimburse Asia Jet for any and all reasonable costs and expenses incurred as a result of damage to the aircraft interior and/or exterior which is caused by carelessness or neglect by you or any of your guests. Asia Jet may invoice you or debit all flight expenses and other charges resulting from your or your guests’ use of the Service, including costs of damage to aircraft caused by you or your guests.
It is the sole responsibility of the Operator to maintain liability insurance coverage. Asia Jet is not liable for any claims arising in connection with the services of the Operator, however we can request to have all passengers named on the third parties policy. Under our sister Company Hongkong Jet and BAS Guernsey in managing aircraft owner’s assets, comprehensive fleet insurance is provided at a very competitive rate.
SITE LICENSE AND ACCESS
By accessing this Site, you agree that your access to, and use of the Site will be subject to the conditions set forth in this legal notice and all applicable laws. If you do not agree and accept, without limitation or qualification, these terms, please exit the Site.
This Site and all of its content, including, but not limited to, all text, graphics, logos, button icons, images, software, and the presentation contained herein, belongs to Asia Jet or its third party licensors. The design and layout of this Site (the look and feel of the Site) is the exclusive property of Asia Jet and may not be used, copied, distributed or displayed in any way. All trademarks, logos, or service marks, whether registered or unregistered, are proprietary to Asia Jet or its third party licensors. This Site may contain proprietary notices and copyright information, the terms of which must be observed and followed.
Asia Jet Partners Limited grants you a limited license to make personal use of the Site. Except as noted, you are not conveyed any right or license by implication, estoppel, or otherwise, to use, reproduce, transmit, perform, publish, license, modify, rewrite, create derivative works from, transfer or sell any of the content or information contained within this Site, including but not limited to, any of Asia Jet’s intellectual property.
Your limited license to use does not include, without limitation: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative use of the Site and its contents; and (d) use of any data mining, robots, or similar data gathering and extraction methods. You may not use, frame, or utilize framing techniques to enclose any Asia Jet trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Asia Jet’s express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing any Asia Jet’s name, trademarks, or product names without Asia Jet’s express written consent.
No images on this site may be used without first seeking Asia Jet’s express permission. To request permission to use Asia Jet’s intellectual property, call Asia Jet at +852 2613 3133. Asia Jet reserves the right to refuse any permission request for any reason.
Any unauthorized use of this Site will immediately terminate the limited license and/or rights granted herein. Unauthorized uses of Asia Jet’s intellectual property may violate applicable laws including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law, including the seeking of criminal prosecution when warranted.
CHANGES / ACCURACY OF INFORMATION
Information may be changed or updated without notice. Asia Jet may also make improvements and/or changes in the products and/or programs described in this information at any time without notice.
Asia Jet assumes no responsibility regarding the accuracy of the information that is provided by this Site and use of such information is at the recipient’s own risk. Information on this Site may contain technical inaccuracies or typographical errors and may not be complete. Please note that such errors or inaccuracies or omissions may relate to the pricing of items available for purchase on this Site. Asia Jet reserves the right to cancel or refuse to accept any order placed for any reason. Prices and availability are subject to change without notice. Asia Jet apologizes for any inconvenience. Reference should be made to the program documents for each fleet for precise terms and conditions.
Asia Jet has made every effort to ensure that the colors of the images on its Site, including those of items for sale, are depicted as accurately as possible. However, as monitors and other user equipment vary, Asia Jet cannot guarantee that your monitor’s display of color will be accurate.
Information Asia Jet publishes on the World Wide Web may contain references or cross references to Asia Jet’s products, programs and services that are not announced or available in your country. Such references do not imply that Asia Jet intends to announce such products, programs or services in your country. Consult your local Asia Jet’s business contact for information regarding the products, programs and services that may be available to you.
Asia Jet’s obligations with respect to its products and services are governed solely by the agreements under which they are provided, If you obtain a product or service from Asia Jet off this Site that is provided without an agreement, that product or service is provided “AS-IS” with no warranties whatsoever, express or implied, and your use of that product or service is at your own risk.
Asia Jet makes no representations whatsoever about any other site which you may access through this one. When you access a non-Asia Jet Web site, even one that may contain the Asia Jet’s logo, please understand that it is independent from Asia Jet, and that Asia Jet has no control over the content on that Web site. In addition, a link to a non-Asia Jet Web site does not mean that Asia Jet endorses or accepts any responsibility for the content, privacy policies, security or the use of such a Web site. It is up to you to take precautions to ensure that your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
DISCLAIMER OF WARRANTIES
All information is provided by Asia Jet on an “AS-IS” basis only. Asia Jet provides no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability and no infringement.
EXCLUSION OF LIABILITY
Your use of the site and any of its content or features is at your own risk. In no event will Asia Jet nor any of its subsidiaries, affiliates, officers, directors, agents, contractors, representatives, employees, successors, or assigns, or any other party involved in creating, producing, or delivering this site, be liable to any party for any direct, indirect, punitive, incidental, special or other consequential damages for any use of this web site or content, or on any other hyper-linked web site, including, without limitation, any lost profits, business interruption, loss of programs or other data on your information handling systems or otherwise, even if we are expressly advised of the possibility of such damages. Because some states do not allow the limitation or exclusion of liability for consequential or incidental damages, the above limitation may not apply to you.
LAW AND JURISDICTION
This Legal Statement and your use of the Site are governed by the laws of Hong Kong without regard to its choice of law provisions. The courts of general jurisdiction located within Hong Kong shall have exclusive jurisdiction over any and all disputes arising out of, relating to, or concerning this Legal Statement and/or the Site or in which this Legal Statement and/or the Site are a material fact.
This Legal Statement 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.