88 Jets
General Terms and Conditions
1. Definitions
1.1 For the purposes of these conditions, "88 Jets" is defined as the user of these general terms and conditions.
1.2 For the purposes of these conditions, "Client" is defined as all persons and legal entities that have concluded or intend to conclude an agreement with 88 Jets, either directly or through the agency of third parties.
1.3 For the purposes of these conditions, "Charter Company" is defined as the party with which 88 Jets is concluding or has concluded an agreement for the execution of the order placed by the Client with 88 Jets.
2. Scope of application
2.1 These general terms and conditions are applicable to all current and future offers of 88 Jets and the agreements concluded between the Client and 88 Jets and the obligations under those agreements.
2.2 In addition to these general terms and conditions, the offers and agreements provided for in paragraph 1 are also subject to the provisions of the agreement concluded between 88 Jets and the Charter Company and the conditions applicable to that agreement. In the event of any conflicts arising between the various conditions, the general terms and conditions of 88 Jets will take precedence, with the exception of the cancelation conditions, in which case the conditions of the Charter Company will take precedence.
3. The capacity of 88 Jets and the nature of the work
3.1 88 Jets acts solely in the capacity of Charter Broker/forwarding agent and is commissioned in that capacity to conclude, at the expense and risk of the Client, one or more agreements with one or more Charter Companies, which in turn undertake to carry out the actual work.
3.2 88 Jets does not provide any other services and nor does it take out any insurance of any nature whatsoever.
4. Offers and quotations and the formation of agreements
4.1 Offers and quotations are subject to contract and may be amended, adapted, or withdrawn at all times.
4.2 Agreements will not come into effect until 88 Jets has accepted or confirmed the order in writing.
4.3 88 Jets is bound to any amendments and additional agreements until they have been confirmed in writing.
5. Prices
5.1 The stated prices are based on the rates, levies, duties, operational flight costs, fuel, wages, prices, exchange rates, and other costs that the Charter Company communicates to 88 Jets.
5.2 In the event of the costs referred to in paragraph 1 rising between the time of the agreement between 88 Jets and the Client being concluded and the agreement being executed by the Charter Company, 88 Jets will have the right to raise the price accordingly, regardless of whether the cost rise was foreseeable. 88 Jets will inform the Client in writing and without delay of its intention to make use of the right referred to above.
5.3 The stated prices do not include any other costs, such as but not limited to the costs of ground transport at the place of departure and the destination, the costs of visas, inward and outward customs clearance, import and export duties, airport charges and other taxes or charges related to the carrier or the passengers, luggage or cargo being transported, as well as the costs of loading and/or unloading and/or transshipment, and the costs of persons engaged specifically for this purpose or equipment leased or purchased specifically for this purpose, the costs of storage, the costs of stowage materials if they are to be provided by 88 Jets, as well as all particular costs - such as those of hotel accommodation and meals not taken on board the aircraft, and the costs of transport from and to the airports - which are necessarily incurred by 88 Jets for the passengers, goods, and livestock in the event of emergency landings and all other landings not covered by this agreement.
6. Stopover fees and additional flight hours
The Client is obligated to pay stopover fees and/or fees for extra flight hours if it does not prove possible to depart at the departure times stated in the flight schedule, and/or if the flight hours indicated in or derivable from the flight schedule are exceeded owing to:
a. the failure or refusal to issue, or the late issue or withdrawal of permits provided by governmental or other authorities, of visas or other permits and/or documents needed for or related to the flight or flights and/or transport; or
b. the time required for boarding or leaving the aircraft, passengers not being ready to board the aircraft on time, or luggage, cargo, or livestock not being ready to be loaded at the time stated in the agreement; or
c. acts or omissions on the part of the Client, the Client's personnel, or persons that the Client employs for the flight or flights, as well as on the part of passengers or goods consignors.
6.2 Should it prove necessary, as a result of war or the threat of war, instructions or acts of governments - including civil and military aviation authorities - or for health or safety reasons, or as a result of any other cause for which 88 Jets or the Client cannot be held accountable, to deviate from the flight schedule, to stop over, and/or to exceed the number of flight hours indicated in or derivable from the flight schedule, and/or if it proves necessary to make one or more landings not foreseen in the flight schedule, and/or it proves necessary for 88 Jets or the Charter Company to take out insurance for the flight or flights to cover war risk, 88 Jets will have the right to charge the Client, over and above the agreed charter price, the costs actually incurred for one or more landings not foreseen in the flight schedule, as well as the costs of the insurance taken out against war risk, in addition to the stopover fees and/or the payment of additional flight hours as provided for in paragraph 1 of this article.
7. Payment
7.1 The Client is obligated to pay the prices given in the agreement at or prior to the time stipulated in the agreement and in the currency, at the place and using the method indicated therein. The prices given in the agreement must be paid in full prior to the execution of the agreement.
7.2 Costs not included in the charter price and other payable amounts must be paid within fourteen days of the relevant invoice being sent, using the same method and in the same currency, or - to be decided at the discretion of 88 Jets - in the currency in which 88 Jets has been required to pay the costs.
7.3 The Client will automatically be held in default by operation of law if he fails to meet his obligations as provided for in this article, or fails to meet them on time. In that case, the cancellation will be subject to the conditions stipulated in the flight confirmation, or, in their absence, the cancellation conditions operated by the Charter Company.
7.4 In the event of non-payment or late payment, all court costs and extrajudicial costs, including collection costs, will be charged to the Client. Extrajudicial collection costs include any costs of legal assistance. The extrajudicial collection costs will be charged in the amount of 15% of the payable principal sum or the amount of the costs actually incurred by 88 Jets, to be decided at the discretion of 88 Jets.
7.5 The Client is not authorized to set off any amount owed to 88 Jets against any costs incurred or losses suffered by the Client.
8. Security
8.1 The Client is obligated on the first request of 88 Jets to furnish security for what the Client owes or will owe to 88 Jets.
8.2 88 Jets has a right of retention - in respect of all those requiring their issue - regarding all items, documents, and money that 88 Jets holds and/or will acquire - under whatever name and for whatever purpose - for all of the claims that it has or will acquire against the Client or the owner of the items, documents, and money in question.
8.3 88 Jets may also exercise the rights provided for in this article for that which the Client still owes in connection with previous orders.
9. Aircraft and crew
9.1 In its capacity as a broker, 88 Jets shall ensure that the aircraft, fully manned and equipped, will be made available to the Client for the sightseeing or other flights as specified in the agreement.
9.2 If the agreement relates to the shipment of cargo, the Client will arrange the provision of sufficient stowage and fastening materials, the suitability of which will be subject to the approval of 88 Jets.
9.3 If the agreement relates to the shipment of animals or cargo, the Client will arrange at his own expense - if this is deemed necessary by 88 Jets - for one or more cargo or animal supervisors to be provided during the flight or flights, which supervisors must be authorized to act on behalf of the consignor and the recipient.
9.4 88 Jets has the right to replace (or arrange to replace) the aircraft or type of aircraft designated for the flight or flights with one or more other aircraft or another type of aircraft suitable for the transport.
10. Changes to the flight schedule
10.1 Changes and/or additions to the agreed flight or flights, the flight schedule or the duration of the flight or flights requested by the Client require the approval of 88 Jets.
10.2 The Client is obligated to pay the extra costs related to the changes and/or additions to the agreed flight or flights.
10.3 The times given in the flight schedule are approximate and are not guaranteed. 88 Jets has the right to deviate from the flight schedule and/or the duration of the flight or flights and to reduce the maximum loading capacity and/or the maximum number of passenger seats made available to the Client.
11. Permits
11.1 88 Jets will arrange the applications for the permits issued by governmental or other authorities that are required for the flight or flights unless it has been expressly agreed that the Client will apply for them. The Client is obligated to act in such a way that the issue of these permits is not jeopardized and to lend its cooperation and provide 88 Jets with the information and declarations that 88 Jets requires to obtain these permits (or have them obtained).
11.2 If the Client is to apply for the permits provided for in paragraph 1 of this article, and these permits are not received, are refused, are not issued on time, or are withdrawn, as a result of which 88 Jets is unable to have all or some of the flights carried out by the Charter Company, this agreement will be terminated and the Client will be liable to 88 Jets for full payment of the prices stated in the agreement and other costs incurred, without prejudice to the right of 88 Jets to demand full compensation for losses from the Client.
11.3 If the permits to be arranged by 88 Jets as provided for in paragraph 1 of this article are not received, refused, not issued on time, or withdrawn as a result of any cause that cannot be attributed to the Client, this agreement will be terminated and the Client will not be liable for payment of the prices stated in the agreement. In that case, 88 Jets will be obligated only to reimburse the payments that the Client has already made to 88 Jets under the agreement.
10.3 If as a result of the causes provided for in the first paragraph of this article the flight or flights can only be partly carried out within the traveling time of the flight or flights, the charter price will be reduced in accordance with the Charter Company's conditions.
12. Liability
12.1 All acts, including legal acts, and activities of 88 Jets are at the Client's expense and risk.
12.2 88 Jets cannot be held liable for any full or partial failures of the Charter Company to comply with the agreement that 88 Jets has concluded with the Charter Company, other than to the extent that these failures to comply can be attributed to intentional act or omission or gross negligence on the part of 88 Jets.
12.3 88 Jets cannot be held liable for any losses or consequential losses suffered by the Client or third parties for any reason whatsoever, other than to the extent that these losses can be attributed to an intentional act or omission or gross negligence on the part of 88 Jets.
12.4 In the same way, 88 Jets cannot be held liable for any losses resulting from the Charter Company being declared bankrupt and/or granted suspension of payment.
12.5 If and to the extent that 88 Jets can be held liable for any losses suffered by the Client or third parties, that liability is limited to the amount paid out by its liability insurance in this specific case, with the addition of the deductible payable by 88 Jets as laid down in the policy.
13. The Client's obligations and liability
13.1 The Client is obligated to ensure that:
- the travelers/passengers are ready to board the aircraft at the agreed time and place;
- 88 Jets and/or the Charter Company are given the required documents and information in a timely manner;
- 88 Jets and/or the Charter Company are given the required information and/or instructions in a timely manner;
- the rules and instructions of the authorities, airport personnel, and crew of the aircraft are complied with and followed at all times, both by the Client and the travelers/passengers;
- the travelers/passengers do not take any prohibited items or substances on board the aircraft, whether or not in their luggage, such as - but not limited to - alcoholic products, drugs, and weapons.
13.2 The Client is liable for all losses suffered by 88 Jets as a result of failing to meet the obligations provided for in this article, as well as for losses caused owing to the fault or negligence of the Client, his subordinates, and/or auxiliary persons and/or travelers/passengers.
14. Indemnification
14.1 The Client shall indemnify 88 Jets against claims of third parties, including the Charter Company, the Client's subordinates and/or auxiliary persons, as well as passengers/travelers, which are related to the execution of the Client's order.
14.4 the Client is obligated at all times to reimburse 88 Jets with any amounts that a public authority has instructed 88 Jets to collect or additionally claim, including any penalties imposed in that regard. The Client will also be obligated to pay these amounts to 88 Jets if 88 Jets receives a demand for payment by the Charter Company in connection with the order placed by the Client.
15. Expiration period
15.1 All claims against 88 Jets will expire through the mere passage of the term of nine months unless the Client is a natural person who, when concluding the agreement with 88 Jets, was not acting in the practice of his business or profession, in which case an expiration period of twelve months will apply.
15.2 The expiration period commences on the date on which the aircraft is made available to the Client or should have been made available in accordance with the flight confirmation.
16. Applicable law/competent court
16.1 This agreement shall be governed by Dutch law.
16.2 All claims made by or against 88 Jets under this agreement will be brought exclusively before the competent court in Maastricht unless 88 Jets elects or allows otherwise.