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Terms of Use

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Terms of use

Jettly Terms & Conditions / Customer Agreement

Effective Date: June 18, 2024

INTRODUCTION

These Terms & Conditions (the “Terms”) govern the relationship between Jettly, Inc. (“Jettly”), and all customers and passengers (collectively, the “Customers”) for whom Jettly arranges, reserves, or initiates travel via one of Jettly’s aircraft operators (the “Operators”).

Please read carefully:
These Terms do not constitute a contract for carriage between the Customer and Jettly. All air travel is governed solely by the Operator's Contract for Carriage. In the event of conflict between these Terms and the Operator’s terms, these Terms shall prevail with respect to Jettly's relationship with the Customer.

Jettly is not an aircraft operator and assumes no liability related to aircraft operations. Jettly may update these Terms from time to time. Any changes will be effective upon posting, except where required by law, in which case reasonable notice will be provided. Changes will not apply retroactively to bookings already confirmed.

1. GENERAL PROVISIONS

1.1 Platform Services

Jettly provides a platform through website, app, phone, and email where Operators make air travel available.

1.2 Operator Terms Govern Travel

All air travel is subject to the Operator’s terms, not Jettly’s.

1.3 Jettly Not Responsible for Aircraft Operations

Jettly is not responsible for ownership, maintenance, or operation of aircraft.

1.4 Customer and Passenger Responsibilities

  • Comply with Operator’s rules (arrival times, baggage limits, travel documents, etc.).
  • Entry into other countries is not guaranteed even with valid documents.

1.4.1 Missed Flights

No liability if Customer misses departure or fails to meet Operator’s requirements.

1.4.2 Travel Documents

Customers are responsible for securing valid IDs, passports, and visas.

1.4.3 Compliance With Travel Laws

Customer must comply with all laws and travel requirements. Jettly disclaims liability for advice related to these.

1.5 Smoking

Smoking is prohibited. Customers will indemnify Jettly for violations.

1.6 Liability for Other Passengers

Customers are liable for all passengers they book for and must ensure all terms are acknowledged and agreed to.

1.7 Baggage Requirements

Customers must comply with baggage limits posted by Operators or on Jettly’s website.

1.8 Refusal of Service

Jettly reserves the right to refuse or suspend service where reasonably necessary, including for safety, legal compliance, suspected fraud, or breach of these Terms.

1.9 Itinerary Changes

Jettly will use reasonable efforts to communicate itinerary changes but does not guarantee delivery of such communications. Customers remain responsible for confirming flight details directly with the Operator where applicable.

1.10 Missed Travel

No refunds for missed travel unless provided under Operator’s terms.

1.11 Alternate Transportation

Jettly may help arrange alternate transport but assumes no costs or guarantees availability.

1.12 Operator Insolvency or Inability to Perform

If an Operator is unable to perform a confirmed booking due to insolvency, regulatory action, detention, operational failure, or any other reason beyond Jettly’s control, Jettly may, at its sole discretion, use commercially reasonable efforts to identify alternative transportation options.

Any such alternative arrangements are subject to availability, revised pricing, and Customer approval. Additional costs may apply and are the responsibility of the Customer.

Jettly does not guarantee the availability of replacement aircraft, equivalent aircraft type, or timing.

To the maximum extent permitted by law, Jettly shall not be liable for any losses, damages, delays, or additional costs arising from an Operator’s inability to perform.

Any refunds, credits, or compensation related to such events shall be governed solely by the applicable Operator’s terms, and the Customer’s sole recourse shall be against the Operator, except where required by applicable law.

1.13 Nature of Services

Jettly operates as a technology platform and charter broker facilitating access to third-party aircraft operators.

Jettly does not own, operate, or control aircraft and does not guarantee aircraft availability, pricing, or specific aircraft types.

All flight services are provided by independent Operators.

1.14 Alternative Options

  • 1.14.1 If declined, Customer’s only recourse is against the Operator.
  • 1.14.2 Accepted alternatives may require additional Customer payment.
  • 1.14.3 Bookings through authorized agents will be communicated through the agent unless otherwise requested.

1.15 No Guarantee of Pricing or Availability

Listings, estimates, and quotes displayed on the platform do not constitute binding offers and are subject to Operator confirmation and change.

2. MEMBERSHIP BENEFITS AND RESPONSIBILITIES

2.1 Charter Requests

Members may request charters via Jettly’s platform; Jettly will seek quotes from Operators.

2.2 Monthly Membership Fees

Customers pay a monthly fee based on their selected membership.

2.3 Member Services

Members have access to flight success managers and service coordinators.

2.4 [Removed]

2.5 Payment Requirement

Members must pay Jettly directly for flights booked through the platform.

2.6 Payment Handling

Payments may be collected and processed by Jettly as a payment intermediary in connection with Operator services.

2.7 [Removed]

2.8 Accuracy of Flight Requests

Members are solely responsible for the accuracy of their flight requests.

2.9 Flight Booking Confirmation

Members must ensure the Operator's quote reflects their requested itinerary before finalizing.

3. EXCLUSION OF LIABILITY / INDEMNITY

3.1 Variations or Cancellations

All cancellations, delays, or operational changes are governed by the Operator’s terms. Jettly will use commercially reasonable efforts to assist but does not assume liability for such events.

3.2 Force Majeure

Jettly shall not be liable for delays, cancellations, or failures resulting from events beyond its reasonable control, including but not limited to weather conditions, air traffic control restrictions, mechanical issues, crew limitations, regulatory actions, or airport constraints.

3.3 Indemnity for Passenger Conduct

Customers indemnify Jettly for claims arising from passengers' actions.

3.4 Indemnity for Non-Compliance

Customers and passengers indemnify Jettly for violations of any terms.

3.5 Operator Terms Govern Carriage

Carriage is subject to Operator’s Terms at all times.

3.6 Travel Agent Bookings

Jettly is not liable for errors by third-party travel agents.

3.7 Independent Contractors

Jettly’s Operators are independent. Jettly is not liable for their conduct.

3.8 No Liability for Operator Negligence

To the maximum extent permitted by applicable law, Jettly shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including loss of use, revenue, or profits.

Jettly’s total aggregate liability, whether in contract, tort, or otherwise, shall not exceed the total service fees paid directly to Jettly for the applicable booking.

Nothing in these Terms limits liability where such limitation is prohibited by law, including gross negligence, fraud, or willful misconduct.

3.9 Application of Liability Limits

The limitations set out in Section 3.8 apply to all claims, regardless of the legal theory under which they are brought.

4. PAYMENT TERMS

4.1 Membership Fees

Customers select a membership and pay monthly for service access (not flights).

4.2 Mandatory Direct Payment

All flight payments must be made directly to Jettly.

4.3 Currency

All invoices are in USD.

4.4 Refund Policy

Access to the Jettly platform is available free of charge. Users may optionally upgrade to a paid membership or purchase additional services to unlock enhanced benefits and pricing.

Except where required by applicable law, all membership fees, service fees, and platform-related payments are final and non-refundable once access to the applicable benefits has been granted, regardless of usage.

Any flight-related refunds, if applicable, are governed solely by the Operator’s terms and conditions.

Nothing in this section limits any non-waivable consumer rights under applicable law.

4.5 Payment Methods

Jettly accepts credit cards, wire, ACH, and Bitcoin. All associated fees are Customer’s responsibility.

4.6 Trust Arrangement

Jettly may facilitate the collection and transfer of payments to Operators as a payment intermediary. Unless expressly stated otherwise in writing, Jettly does not act as a regulated trustee, escrow agent, or fiduciary.

Funds may be held temporarily for administrative purposes and disbursed in accordance with Operator agreements.

4.7 Refunds

Refunds for flights follow the Operator’s terms. All processing fees are Customer’s responsibility.

4.8 Disbursement

Funds are disbursed per the Operator’s terms.

4.9 Chargebacks and Payment Disputes

Customers agree not to initiate chargebacks or payment reversals without first contacting Jettly to resolve the issue.

In the event of a chargeback initiated in violation of these Terms, Jettly reserves the right to recover all associated costs, including administrative fees, legal fees, and chargeback penalties, to the extent permitted by law.

4.10 Pricing and Estimates

All quotes are subject to Operator confirmation and availability. Membership fees provide access to the platform and services only and do not include the cost of flights unless explicitly stated.

Final pricing may vary based on operational factors including aircraft availability, routing, and regulatory requirements.

5. GENERAL

5.1 Entire Agreement

These Terms represent the full agreement between Jettly and Customers/Passengers.

5.2 No Waiver

Delays or omissions in enforcing rights do not waive them.

5.3 No Assignment

Customer rights cannot be assigned.

5.4 Amendments

Terms may only be amended in writing by Jettly.

5.5 Consumer Protection

Nothing in these Terms excludes or limits any rights or remedies available to consumers under applicable law that cannot be lawfully waived.

6. USER CONTENT

Users may post reviews or media (“User Content”) and grant Jettly a perpetual, worldwide, royalty-free license to use such content. Content use may evolve as the platform changes. Terminating your account limits future use but preserves past uses.

Content may be removed by Jettly at any time. You may delete your account at: www.jettly.com/delete_account

You warrant that:

  • You own or have permission to post all User Content.
  • It does not violate any rights or laws.
  • You have all necessary consents.

7. APPLICABLE LAW & FORUM

7.1 Governing Law

These Terms are governed by the laws of Ontario, Canada.

7.2 Jurisdiction

Any disputes must be brought before the Superior Court in Newmarket, Ontario, Canada.

7.3 Dispute Resolution

Any disputes may, at Jettly’s discretion and to the extent permitted by applicable law, be resolved through binding arbitration.

Contact Jettly for Legal Assistance

If you have any legal queries or need clarification on our policies, please reach out to us.

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