Version 1.0, valid as of September 20th, 2022
1 About OpesJet
1.1 OPESJET, LLC is a Florida limited liability company having its registered office at 1700 N. Military Trail, Suite 130, Boca Raton, FL 33431, USA.
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.
3 Definitions and interpretations
“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 [email protected].
“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, LLC is a Florida limited liability company having its registered office at 1700 N. Military Trail, Suite 130, Boca Raton, FL 33431, USA.
“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.
“We”, “us”, “our” means OpesJet.
“You”, “your” means you, the natural person or legal entity the User Account is opened and maintained by.
4 The OpesJetServices
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.
5 User Account
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 authorization 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
8.2 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
11.13 The provisions of this section shall survive the termination of the relationship between you and us.
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.
15 Law, jurisdiction, severability and dispute resolution
15.4 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.