1 About OpesJet

1.1 OpesJet Holdings Ltd is a company registered in England & Wales (company number 12807687), having its registered office at 18 Lower Byrom Street, Manchester M3 4AP, UK.

1.2 We provide you on the OpesJet Platform a marketplace and technology solution to search, plan, source, solicit quotes, schedule, reserve and book on demand aircraft charters directly from or with third party Carriers.

1.3 We are not and will not operate as a Carrier ourselves and we do not otherwise own, control, operate or maintain any aircraft or air carrier service and we are not a contracting carrier for the purposes of the Montreal Convention 1999. We also do not act as an agent, broker or representative of any Carrier.

2 Scope of these Terms of Use

2.1 These Terms of Use govern your access to and use of the OpesJet Services as well as the opening, use and closure of your User Account. Together with any other terms and conditions referred to in these Terms of Use, they constitute the entire agreement between you and us. Your access to and use of the OpesJet Services is conditioned on your agreement to be contractually bound by these Terms of Use. You are advised to read these Terms of Use carefully and to keep a copy for future reference. You can always view the current Terms of Use on the OpesJet Platform or request a copy by contacting our Customer Service.

2.2 These Terms of Use do not constitute in any way a contract for carriage by air for any flight and no such contract will be entered into between you and us. The OpesJet Platform only allows you to conclude contracts for carriage by air directly with a Participating Carrier. We are neither involved in nor a party to the transaction between you and any Participating Carrier.

2.3 Depending on the type of User Account you have; additional terms and conditions may apply as communicated to you at the appropriate time. In the event of any conflict between the additional terms and conditions and these Terms of Use, the former shall come first.

3 Definitions and interpretations

3.1 In these Terms of Use, unless the context otherwise requires, various terms have a defined meaning as follows:

“Affiliate” means any other entity that, either directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with OpesJet.

“Carrier” means any third-party air transport undertaking that is the actual operator of at least one aircraft and has been issued by the competent authority of any country an Air Operator Certificate, an Air Carrier Operating Certificate or equivalent certificate.

“Charter Contract” means the contract (including any additionally applicable terms and conditions such as the Participating Carrier’s general terms of carriage) between you and a Participating Carrier specifying and governing the terms and conditions pursuant to which an aircraft is made available by the Participating Carrier for the performance of a Flight or a series of Flights (including but not limited to the relevant specifications of the aircraft, the Flight(s), the Itinerary and any other relevant commercial and contractual terms).

“Customer Service” means our customer service, which you can reach by sending a message to service@opesjet.com.

“Fee” means the fee due to us from you as consideration for the OpesJet Services, being equivalent to 4.00% of the total costs offered by a Participating Carrier to you for the Flight or series of Flights that you reserve with that Participating Carrier.

“Flight” means any flight which has been conducted or is intended to be conducted for the performance of your Itinerary.

“Itinerary” means the full route and schedule for a flight or series of flights and shall, based on internationally recognised ICAO (4 letter) and IATA (3 letter) airport codes, include the airport of departure, airport of destination, any stopping points as well as any departure and arrival dates and time specifications.

“Loss or Damage” means loss or damage of any kind (including but not limited to financial loss, property damage, emotional distress, personal injury or death), caused or alleged to be caused, whether in contract, tort or otherwise.

“OpesJet” means OpesJet Holdings Ltd, an English registered company (company number 12807687), having its registered office at Kemp House, 160 City Road, EC1V 2NX London, United Kingdom.

“OpesJet Platform” means the mobile application, named OpesJet, downloaded by you on a cell phone, a digital tablet or other electronic device; the website www.opesjet.com; or any other application, website or software programme provided by OpesJet to you through which the OpesJet Services are made available.

“OpesJet Services” means any service or services offered by OpesJet to you on the OpesJet Platform.

“Participating Carrier” means any Carrier who offers quotations for aircraft charters on the OpesJet Platform.

“Privacy Notice” is the OpesJet’s policy governing the processing of personal data which is available on the OpesJet Platform, as may be amended from time to time.

“User Account” means the unique user account you open and maintain through the OpesJet Platform to access and use the OpesJet Services.

“Terms of Use”, means these Terms of Use, published on the OpesJet Platform and as may be amended from time.

“We”, “us”, “our” means OpesJet.

“You”, “your” means you, the natural person or legal entity the User Account is opened and maintained by.

3.2 In these Terms of Use, unless the context otherwise requires, the masculine gender shall include the feminine and vice versa and the plural shall include the singular and vice versa.

4 The OpesJet Services

4.1 You may submit aircraft charter requests using the OpesJet Platform by first specifying your Itinerary, passenger and currency requirements. During a tender process, using our proprietary technology, your request is then responded to through the OpesJet Platform by one or more Participating Carriers who offer to fulfil your Itinerary and passenger requirements by submitting a quotation together with a description of the offered aircraft and other relevant offer details.

4.2 By reserving a Flight or a series of Flights on the OpesJet Platform you express your serious interest in the respective aircraft charter at the terms stipulated in the offer description. We advise you to carefully read the full offer description before reserving any Flight or a series of Flights. We do not endorse any Participating Carrier to you.

4.3 By accepting a Charter Contract in respect of a Flight or a series of Flights you enter into a legally binding contract directly with the Participating Carrier to charter a particular aircraft as described in the Charter Contract. You become in this case legally bound to charter the specified aircraft from the Participating Carrier and the Participating Carrier becomes legally bound to provide the specified aircraft (properly manned, equipped, fuelled and airworthy) at the scheduled commencement of the Flight to the specified passengers as stipulated in the Charter Contract and in accordance with the laws and regulations of the country registration of the aircraft as well as the countries of departure, arrival or transit. Any Charter Contract may typically be executed electronically (using electronic signature) through the OpesJet Platform unless the Participating Carrier requires a scanned or physically exchanged written signature. We are not a party to any such transaction, and you are solely responsible to perform your obligations under the Charter Contract. Before accepting a Charter Contract, you are strongly advised to carefully read and understand all of the terms and conditions of carriage set out in the Charter Contract, including but not limited to the Itinerary; the passenger and traffic documentation arrangements; the charter price payable; the terms of payment; any additional costs, duties, expenses and surcharges; other important legal and commercial terms (such as contractual conditions, warranties, representations, indemnifications, limitations on liability and the choice of law); as well as the rules regarding Itinerary changes, travel disruptions, technical failures, alternative travel arrangements (if any), cancellation terms and procedures, refund entitlement and procedures (if any), catering, luggage and payload restrictions, the carriage of pets, insurance cover, confidentiality as well as on-board behaviour, security and safety arrangements. You and the relevant passengers are, for the avoidance of doubt, also fully responsible to comply in connection with any Flight with all applicable customs, police, public health, immigration and other applicable laws and regulations in the countries of departure, arrival or transit.

4.4 After the execution of a Charter Contract, you may communicate with the respective Participating Carrier via the OpesJet Platform in order to plan or prepare for the relevant Flight(s) and to exchange relevant information, notifications or documents. Any such communication or exchange occurs entirely between you and the Participating Carrier. We are merely facilitating the technology to exchange such communications, information, notifications or documents but are not a party to any of them.

4.5 You shall only use the OpesJet Services to submit truthful aircraft charter requests with a genuine interest in concluding a transaction. You shall not use the OpesJet Services for any abusive purposes, such as for data scraping, to harass or harm any individual or entity or to impersonate any person or entity. We reserve the right to cancel or remove any submissions in our sole discretion at any time and for any reason.

4.6 You are solely responsible for your own submissions, communications and other actions on the OpesJet Platform. We do not review your submitted content, nor do we review the quotes, submitted content and communications a Participating Carrier makes available to you. We have no responsibility to intervene in any disputes between you and a Participating Carrier. You use the OpesJet Platform and the OpesJet Services entirely at your own risk.

4.7 We use commercially reasonable efforts to keep the OpesJet Services available to its users on the OpesJet Platform. Notwithstanding the foregoing, we reserve the right to discontinue, suspend, restrict or limit the OpesJet Services, in part or in their entirety, and to modify the OpesJet Services or any nature, features, functions, scope, or operation thereof, for any reason, at any time and for any period of time without prior notice to you. Additionally, the OpesJet Services may at any time and for any period of time be subject to malfunctions, delays and other forms of disruptions or unavailability.

4.8 The OpesJet Services are designed for use only with certain supported operating systems and are subject to system limitations and minimum operating specifications and may not work if these requirements are not met.

4.9 Your right to use the OpesJet Services is contingent upon (i) your compliance with these Terms of Use; (ii) your use of the OpesJet Services being in accordance with any applicable laws, regulations and third-party rights; and (iii) the continued timely and full payment of all our Fees.

5 User Account

5.1 In order to use the OpesJet Services you must first open a User Account by registering your details on the OpesJet Platform. As part of the signup process you will need to accept these Terms of Use and our Privacy Notice and you must have legal capacity to accept the same.

5.2 All information you provide during the signup process or any time thereafter must be accurate and truthful. You must ensure that the information recorded on your User Account is always accurate and up to date. We may ask you at any time to confirm the accuracy of your information or to provide documents or other evidence.

5.3 You may only open one User Account unless we explicitly approve the opening of additional accounts.

5.4 Your User Account is personal to you. You must never allow anyone to access your User Account and you must take all reasonable steps to keep your User Account password and any other security features safe at all times and never disclose them to anyone. Our personnel will never ask you to provide your password to us or to a third party. If you have any indication or suspicion of your User Account, login details, password or other security feature being lost, stolen, misappropriated, used without authorisation or otherwise compromised, you are advised to change your password.

5.5 We may suspend your User Account or otherwise restrict its functionality for any reason, at any time and for any period of time without prior notice to you.

6 Representations and restrictions

6.1 If you are an individual, you must be 18 years or older to use the OpesJet Services and by opening a User Account you declare that you are 18 years or older. We may require at any time that you provide evidence of your age.

6.2 If you are opening a User Account as a legal entity or on behalf of a legal entity, you represent by opening a User Account that the legal entity is duly formed and validly existing under the laws of its place of registration and/or formation and that you have the authority to legally bind that entity.
6.3 You may only use the OpesJet Services if it is legal to do so in your country of residence. By opening a User Account, you represent and warrant to us that your use of the OpesJet Services does not violate any laws or regulations applicable to you.

6.4 By opening a User Account you represent and warrant to us that (i) you are not listed on any list of prohibited or restricted parties by the United States government or the United Kingdom government; and (ii) you are not a citizen or resident of, located in or intend to use the OpesJet Services in connection with travel to or from a country that is (a) subject to an embargo by the United States government or the United Kingdom government; or (b) designated by the United States government or the United Kingdom government as a “terrorist supporting” country.

7 Fees and payments

7.1 In consideration for the OpesJet Services being provided to you, we charge you our Fee for any Flight or series of Flights reserved by you with a Participating Carrier based on that Participating Carrier’s quotation.

7.2 Our Fee must be settled in Pounds Sterling, Euros or United States Dollars. In case the Participating Carrier’s quotation is in a different currency, we will convert the amount due to us into Euros at the prevailing exchange rate.

7.3 Our Fee is payable immediately by debit or credit card upon your reservation of any Flight or series of Flights with a Participating Carrier.

7.4 All card payments are processed by a third party. We are not responsible for any error or other incident caused by or attributed to this third-party payment card processor.

7.5 Our Fee is not refundable if you choose not to conclude the Charter Contract or if the relevant Flight(s) is/are not performed for any other reason.

7.6 You are, for the avoidance doubt, solely responsible to observe the payment terms of any concluded Charter Contract and to settle any amounts due under the Charter Contract directly with the Participating Carrier. We advise you to carefully observe the terms of the Charter Contract in this respect and to be in particular aware that Flights can usually only be performed once full payment of all fees due have been received by the Participating Carrier in accordance with the Charter Contract and that the final cost may in some instances be subject to additional costs and surcharges (such as but not limited to extra fuel or fuel surcharges, anti-icing and de-icing, ground transport, catering, WiFi or airport charges). You are furthermore solely responsible for handling any refund requests and payment disputes directly with the Participating Carrier.
8 Intellectual property

8.1 The OpesJet Services and the OpesJet Platform and all right, title, and interest therein (including all copyright, trademark and all other proprietary content) are and shall remain our property or the property of our licensors. Nothing in these Terms of Use shall mean that any intellectual property, license or other ownership rights held by us or our licensors, or any part thereof, is assigned, sub-licensed or transferred to you.

8.2 We grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the OpesJet Platform on your personal device solely in connection with your use of the OpesJet Services; and (ii) access and use any content, information and related materials that may be made available through the OpesJet Services, in each case solely for your personal use.

8.3 You may not reproduce, modify, prepare derivative works based upon, distribute, decompile, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit any copyright, trademark or other proprietary content from any portion of the OpesJet Services and the OpesJet Platform except as expressly permitted by us.

9 Your data

9.1 You explicitly consent to us accessing, processing, and retaining any information you provide to us, for the purposes of providing the OpesJet Services to you. This does not affect our respective rights and obligations under applicable data protection legislation. You may withdraw this consent by closing your User Account. If you withdraw your consent in this way, we will cease using your data for this purpose, but may continue to process your data for other purposes where we have other lawful grounds to do so, such as where we are legally required to keep records of transactions.

9.2 The processing of your data is governed by our Privacy Notice which can be found on the OpesJet Platform.

10 Communications and notices

10.1 We usually contact you and send you notices via email. For this purpose, you must at all times maintain a valid email address in your User Account profile. Emails may contain links to further communication on the OpesJet Platform. It is your responsibility to regularly check the proper and secure functioning of your email account that you have registered with your User Account and to retrieve and read messages relating to your User Account promptly. Any communication or notice sent by email will be deemed received by you on the time and day such message is sent. You must also take all reasonable care to ensure that your email account is only accessed by you, as your email address may be used to reset passwords or to communicate with you about the security of your User Account.
10.2 Where legislation requires us to provide information to you on a durable medium, we will either send you an email (with or without attachment) or send you a notification pointing you to information on the OpesJet Platform in a way that enables you to retain the information in print format or other format that can be retained by you permanently. We recommend you keep copies of all communications we send or make available to you.

10.3 We will never send you any emails with executable files attached or with links to any executable files. If you receive any such email, you should delete the message without clicking on any attachment or link. If you are unsure whether a communication is originating from us, please contact our Customer Service.

10.4 Apart from communicating via email, we may contact you via letter or telephone, where appropriate. If you use any mobile services, we may communicate with you via SMS. Any communication or notice sent by post will be deemed received three days from the date of posting. Any communication or notice sent by SMS will be deemed received the same day.

10.5 We will communicate to you in English and will always accept communications made to us in English. You may be given the option to choose your preferred language from the list of supported languages in your User Account profile. We reserve the right to communicate with you in English but may, at our discretion, send you email notifications and communications in your chosen language. This shall not constitute an obligation on us to conduct any further communication in that language.

10.6 You may contact us and send us notices at any time by sending a message to our Customer Service.

11 Liability and indemnity

11.1 Except as expressly provided for in these Terms of Use, we make no warranty or representation of any kind, whether express, implied or otherwise, with respect to the OpesJet Services and/or the OpesJet Platform. Without limiting the foregoing or any other term of these Terms of Use, neither we nor any of our third party providers or licensors makes any representation, warranty or undertaking of any kind: (i) as to the operation or availability of the OpesJet Services or the information, content, and materials or products included thereon; (ii) as to the fitness or suitability of the OpesJet Services for a particular purpose or that they achieve any intended results or will otherwise meet your requirements; (iii) that the OpesJet Services will be uninterrupted, meet any performance or reliability standards, be error-free or that any errors or defects can or will be corrected; (iv) as to the accuracy, reliability, completeness or currency of any information or content provided through the OpesJet Services; (v) that the OpesJet Platform, its servers, its content or the emails we send to you be secure and free of viruses, scripts, trojan horses, worms, malware or other harmful components; or (vi) that the OpesJet Platform be compatible or work with any particular software, applications, systems or services.
11.2 You in particular acknowledge and agree that we cannot and will not control or monitor the actions of Participating Carriers. You deal with any Participating Carrier entirely on your own risk and discretion and we are not a party to transactions or contractual arrangements that may arise between you and a Participating Carrier, even if we facilitated those transactions or arrangements. Without limiting any other term of these Terms of Use, we do not guarantee and do not make any statement in relation to or endorsement of (i) the quality, safety, suitability, fitness for a particular purpose or legality of any Flights offered by a Participating Carrier; (ii) the truth or accuracy of any offer or listing made by a Participating Carrier on the OpesJet Platform; (iii) the ability of a Participating Carrier to conduct Flights or perform any of its obligations; or (iv) a Participating Carrier’s performance of or its compliance with a Charter Contract to which it is a party.

11.3 Without limiting any other term of these Terms of Use, we (and our Affiliates, shareholders and third party providers, and our and their respective officers, directors, employees and agents) shall not be liable or responsible for any Loss or Damage resulting from, arising out of or in connection with any Charter Contract or any other agreement, transaction or arrangement between you and any Participating Carrier or any performance, non-performance or operation of any Flight or Itinerary or any part thereof or any other activities performed or services rendered, representations made, acts, negligence, default or omission by any Participating Carrier.

11.4 Without limiting any other term of these Terms of Use, we shall not be liable or responsible for any Loss or Damage resulting from, arising out of or in connection with any discontinuation, suspension, termination, modification, malfunction, delay, disruption or unavailability of the OpesJet Services.

11.5 The OpesJet Services may contain information, software or other content or links to web sites or services (such as payment services) that are not owned by us and over which we have no control. Use of such third-party content or services is subject to their own applicable licence agreements, terms and conditions and other policies and agreements. Without limiting any other term of these Terms of Use, we (and our Affiliates, shareholders and third party providers, and our and their respective officers, directors, employees and agents) shall not be liable or responsible for any Loss or Damage resulting from, arising out of or in connection with any use of or reliance on any such third party content or services.

11.6 Without limiting any other term of these Terms of Use, we shall in any event not be liable or responsible for any Loss or Damage resulting from, arising out of or in connection with any cause beyond our reasonable control (including but not limited to acts of war or terrorism, acts of God or the public enemy, civil war, insurrection or riots, fires, floods, explosions, earthquakes, serious accidents, epidemics, quarantine restrictions, acts of government, strikes and labour disputes).

11.7 Without limiting any other term of these Terms of Use, we shall in any event not be liable or responsible for any Loss or Damage suffered by any person other than you.
11.8 Without limiting any other term of these Terms of Use, we shall in any event not be liable or responsible for any indirect, incidental, consequential or punitive losses (including but not limited to loss of profit, loss of business, loss of reputation and emotional distress) for any claim.

11.9 If, notwithstanding the provisions of these Terms of Use, we have any liability to you, such liability shall, on a cumulative basis, in no event (and to the fullest extent permitted by applicable law) exceed a sum equivalent to £10,000. Such cap on our liability shall, however, not apply any Loss or Damage caused by fraud or wilful misconduct.

11.10 If, notwithstanding the provisions of these Terms of Use, we have any liability to you, any claim shall in any case only be made against OpesJet, being the specific entity described in sub-section 1.1, or such entity to which these Terms of Use have been transferred or assigned in accordance with sub-section 14.2.

11.11 You agree to defend, release, reimburse, indemnify, compensate and hold us (and our Affiliates, shareholders and third party service providers, and our and their respective officers, directors, employees and agents) harmless from any claim, demand, liability, expenses or costs (including legal fees, fines or penalties) that we incur or suffer due to or arising out of your or your agents’ (i) use of the OpesJet Services; (ii) breach of these Terms of Use; or (iii) breach of any applicable law or regulation.

11.12 Nothing in these Terms of Use shall operate to exclude any statutory liability or, if you are a consumer under applicable legislation, alter your statutory rights as a consumer that, as the case may be, cannot be excluded or amended by agreement between the parties under applicable law.

11.13 The provisions of this section shall survive the termination of the relationship between you and us.

12 Changes to these Terms of Use

12.1. We may amend these Terms of Use and/or the Privacy Notice in our sole discretion under the procedure set forth in this section and in accordance with applicable law.

12.2 We shall give prior notice to you of any proposed change by sending an email to the primary email address registered with your User Account. The proposed change shall automatically come into effect 30 days after the date this change notice was sent to you, unless you have given us notice that you object to the proposed changes before the changes come into effect.

12.3 If you object to the changes, they will not apply to you. However, any such objection shall constitute a notice by you to terminate and close your User Account in accordance with the provisions of sub-section 13.2 below. Your continued use of the OpesJet Services following the effective date of any amended Terms of Use and/or Privacy Notice will constitute your binding acceptance of the amended terms.

13 Termination

13.1 We may immediately terminate these Terms of Use, close your User Account and suspend, restrict or deny your access to the OpesJet Services, in whole or in part, at any time and for any reason.

13.2 You may immediately terminate these Terms of Use and close your User Account at any time and for any reason by contacting our Customer Service.

13.3 Upon termination of these Terms of Use, your right to use the OpesJet Services will cease immediately. You remain liable for all Fees and any other obligations incurred up to the point of termination and no termination of these Terms of Use will relieve either you or us of any liability for any breach of, or liability accruing under, these Terms of Use prior to its termination.

13.4 The provisions of section 11 shall survive the termination of these Terms of Use.

14 Miscellaneous

14.1. No person other than you shall have any rights under these Terms of Use.

14.2 A person who is not a party to these Terms of Use shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.

14.3 You may not assign these Terms of Use to any other party without our prior written consent. We may assign these Terms of Use without your consent to: (i) an Affiliate; (ii) an acquirer of our equity, business or assets; or (iii) a successor by merger.

14.4 Except as agreed to by us in writing, our failure to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision and shall not affect our ability to exercise such right or provision at any time thereafter. Any waiver of any breach of these Terms of Use shall not constitute a waiver of any subsequent breach.

15 Law, jurisdiction, severability and dispute resolution

15.1 These Terms of Use shall be governed by and interpreted in accordance with English law.

15.2 You and us both agree to submit to the exclusive jurisdiction of the English courts to adjudicate any claim, dispute or other matter arising under these Terms of Use.

15.3 If any part of these Terms of Use is found by a court of competent jurisdiction to be invalid, unlawful or unenforceable then such part shall be severed from the remainder of these Terms of Use, which shall continue to be valid and enforceable to the fullest extent permitted by law.

15.4 In case these Terms of Use have been translated by us, you agree that the original English text shall prevail in the case of a dispute.

15.5 If a dispute arises between you and us, we encourage you to first contact us directly to seek a resolution. Our Customer Service is available free of charge to submit complaints and other inquiries. We will consider, at our discretion, reasonable requests to resolve any dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.