Terms and Conditions

In these Terms and Conditions, “Your Sky Jets” shall mean any entity of Your Sky Jets S.A.S. 1.    Network   Your Sky Jets owns and maintains one or more websites or webpages and mobile apps (our “Network”) for the users of air charter services (the “Charterers”). Our Network may display quotes for air charter services provided by third-party aircraft operators (the “Operators”) or plane owners. These Terms and Conditions rule your access to and use of our Network. You, as Charterer, agree to use the Network only in accordance with these Terms and Conditions. You are entitled to access and use the Network only in order to make legitimate requests for quotes or to book, through Your Sky Jets, the services offered by the Operators or the plane owners (the “Requests”). Your Sky Jets is entitled at any time amend or correct these Terms and Conditions. Your continued use of our Network will be ruled by the Terms and Conditions applied at the time of such use.   2.    Role of Your Sky Jets   As an air charter broker Your Sky Jets only acts as an intermediary between the Operators or the plane owners and the Charterers. Your Sky Jets coordinates and arranges carriage by air by chartering aircraft from the Operators or plane owners, acting as agent, in the name and on behalf of the Charterers. Your Sky Jets itself does not operate, maintain, own or charter aircraft, does not provide air transportation services and is not a contracting, actual, direct or indirect carrier. Your Sky Jets is not itself a party to the carriage or charter agreements between the Operators and the Charterers (represented by Your Sky Jets) and shall not bear any obligation responsibility or liability in relation thereto (in particular for any injury, damage, death, loss, accident or delay due to any action or omission of the Operators 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 Charterers or by the passengers). There is no charter or carriage agreement between Your Sky Jets and the Charterers and/or the passengers. These Terms and Conditions are not a contract for air transportation and no such contract is or will be entered into between you and Your Sky Jets. To the extent US regulations 14 CFR Part 295 apply to the services offered by Your Sky Jets on our Network, Your Sky Jets hereby informs the Charterers that: (i)    Your Sky is an air charter broker acting as bona fide agent, in the name and on behalf of the Charterers; (ii)    Your Sky Jets is not a direct US air carrier or a direct foreign air carrier in operational control of aircraft; and (iii)    the air services advertised on our Network shall be provided by properly licensed direct US air carriers or direct foreign air carriers.   3.    Use of the Network   By accessing our network, you consent that you are of sufficient legal age and capacity to enter into legally binding agreements, including these Terms and Conditions, any Carriage Agreement, and any Aircraft Charter Brokerage Contract (which may be entered into between you, represented by Your Sky Jets, and any Operator or plane owner). You confirm that no restriction applies to you that would prevent you from entering into or performing any such agreements. You are not allowed to use the Network to submit Requests or enter into any agreement for, in the name and/or on behalf of third parties unless you are legally authorized to do so. Your Requests shall not be false or fraudulent. You are not allowed to make any Request or enter into any agreement on behalf of a fictitious User, under a false name, with an invalid credit card or by use of any other fraudulent information. Please note that fraudulent Users will be prosecuted and may face civil and criminal liability, depending on applicable law. You expressly agree that your use of the Network is at your sole risk and expense.   4.    Booking of Services   An Aircraft Charter Brokerage Contract needs to be agreed and signed between you and Your Sky Jets in order to book any air charter services (and any related services) through Your Sky Jets. Nothing in the our Network shall in any case be construed as an offer to contract. In the same way, neither a proposal or a request sent by Your Sky Jets shall be considered as a contract, unless indicated by Your Sky Jets. Your Sky Jets is entitled in its sole discretion to refuse to provide its services to any person or entity.   5.    Ownership of Information   You agree and acknowledge that any and all materials and information contained in our Network, including data, photographs, images, videos, graphics, software, graphics, sounds, quotes, written, etc. (the “Materials”) are the property (including intellectual property) of Your Sky Jets or have been licensed to Your Sky Jets. You are not allowed to use, misappropriate, copy, or distribute any Material without Your Sky Jets’ prior written consent. You are allowed, however, to print and copy portions of our Network, including these Terms and Conditions, for the only purpose of using our Network in order to book one or more private jets, in accordance with these Terms and Conditions.   6.    Disclaimer of Exclusion of Liability and Warranties   Any information of any kind whatsoever which is provided in, or accessible through, our Network is provided or accessible for information only, without any warranty of any kind, either express or implied. In particular, no warranty is made regarding: (i)    the accuracy, topicality, reliability, correctness, completeness or quality of any such information; (ii)    the entry into any Aircraft Charter Brokerage Contract between Your Sky Jets and any Charterer; (iii)    the handling and/or acceptance of any Request; (iv)    the availability of services through the Network; and/or (v)    the fact that the Network will be accessible, functioning and/ or error-free. (vi)    the entry into any Carriage Agreement between any Operator and any Charterer; To the full extent permitted by applicable law, any liability of Your Sky Jets and of its shareholders, partners, directors, employees, and representatives, for any injury, damage, death, loss, accident or delay arising out of or in connection with: (i)    these Terms and Conditions; (ii)    our Network and any information provided in, or accessible through, our Network; (iv)    any handling or non-handling of a Request; (v)    any; use of our Network or any issue in relation thereto and (vi)    any services obtained through our Network, is excluded. In any case, any liability of Your Sky Jets and of its shareholders, directors, employees, agents, and representatives for non-material, consequential or indirect damages and for loss of revenues or profits is excluded.   7.    Indemnification   By using our Network, you agree to be liable for, and shall indemnify Your Sky Jets, its shareholders, partners, directors, employees, representatives, and any other person (including any Operator and any owner, lessee or financier of any aircraft) (the “Indemnitees”) against, any direct or indirect damage (including reasonable attorneys’ fees): (i)    which may result out of or in connection with any non observance by you of these Terms and Conditions, any other agreement or any applicable laws, regulations and travel requirements (including immigration and customs regulations); or (ii)    relating to your actions or omissions for, in the name and/or on behalf of any third party. This includes your omission to inform such third parties of all terms and conditions applicable to the services acquired through our Network.   8.    Termination of Usage   Your access to all or part of our Network may be suspended by Your Sky Jets at any time in its sole discretion, with or without notice and with or without reason.   9.    Personal Data   Your personal data is processed by Your Sky Jets in accordance with the Privacy Policy available on our Network.   10.    Miscellaneous   These Terms and Conditions constitute the entire agreement between you and Your Sky Jets in relation to your use of our Network. No change of these Terms and Conditions by you or a third party shall be effective unless agreed in writing by Your Sky Jets.   11.    Governing Law and Jurisdiction   These Terms and Conditions shall be governed by and construed in accordance with the laws of France, excluding its conflict of law provisions. Any dispute, controversy, or claim arising out of, or in connection with, these Terms and Conditions, including the validity, invalidity, breach, or termination hereof, shall be submitted to the exclusive jurisdiction of the courts of Paris, France (with the right to appeal to the French Federal Court), to which the parties hereby irrevocably agree to be submitted. The foregoing shall not prevent Your Sky Jets to sue any Charterer before any other competent court.