1. TheJetService.com
"Jetservice.com" means TheJetService.com International Limited a company registered in England and Wales with number 06517568 and whose registered office is at Alpha House, 4 Greek Street, Stockport, Cheshire SK3 8AB. Jetservice.com acts as booking agent for the FBO’s and other service providers advertised on the website www.thejetservice.com (the "Website").
By visiting the Website you agree to the terms of use set forth in clause 5 below. By registering as a supplier and transacting business through the Website you agree to these terms and conditions and to the extent that it may be construed as relevant to you, the Privacy Policy ("the Terms") and you consent and agree to be bound by the Terms and all applicable laws and regulations that govern this Website and your dealings with customers.
A reference to "customer" or “customers” means the customer or customers who make a booking through the Website.
2. Important - who you are contracting with
Jetservice.com acts as booking agent only in respect of all bookings transacted through the Website. We undertake no responsibility for and are not liable for any of the acts or omissions of the customers, including for the avoidance of doubt and without limitation in respect of any loss suffered by you arising due to inaccuracies or omissions in information provided by the customer, for non-payment, damage to person or property. This means that in the event of you suffering a loss, personal injury, illness or death as a result of any act or omission for or on behalf of a customer, your sole right of redress will be against the customer, pursuant to your contract with them.
By proceeding to accept bookings through the Website, you accept that you will be entering into a direct contract with the customer and not with either of Jetservice.com or Jetservice.com International Limited. You should also be aware that the customer may be contracting as a consumer and as such may be afforded enhanced statutory rights, in particular as to the right to cancel the booking.
Nothing in these terms of use shall operate to exclude or limit the liability of Jetservice.com for fraudulent misrepresentation or death or personal injury caused by our negligence.
3. The Booking Process
(a) Responding to requests for quotations and contract formation
You will be asked to respond to requests for quotations made by customers for services in respect of which you appear in our directory. It shall be a condition of your contract with us and being a listed supplier in the directory, that you respond to requests for quotations within [48 hours] of receipt (unless stated otherwise), save where the request is issued as a priority request where the response time shall be [24 hours].
The provision of a quote will be an offer, capable of acceptance by the customer, to supply the services upon your standard terms and conditions of supply, at the price quoted. The offer shall be deemed accepted and a contract formed between you and the customer, upon the customer making a booking through the Website, at the price quoted by you.
You will be invited to upload your standard terms and conditions of supply (your Standard Terms) on to the Website to enable the customer to view and accept the same prior to placing the order with you.
(b) Terms of supply
(i) co-operate with the customer in all matters relating to the services;
(ii) perform the services with the best care, skill and diligence in accordance with best practice in the your industry, profession or trade;
(iii) use personnel who are suitably skilled and experienced to perform tasks assigned to them, and in sufficient number to ensure that your obligations are fulfilled in accordance with the booking;
(iv) ensure that the services will conform with all descriptions and specifications set out in the directory and that deliverables shall be fit for any purpose expressly or impliedly made known to you by the customer;
(v) provide all equipment, tools and vehicles and such other items as are required to provide the services;
(vi) use the best quality goods, materials, standards and techniques, and ensure that the deliverables, and all goods and materials supplied and used in the services or transferred to the customer, will be free from defects in workmanship, installation and design;
(vii) obtain and at all times maintain all necessary licences and consents, and comply with all applicable laws and regulations;
(viii) observe all health and safety rules and regulations and any other security requirements that apply at the airport and in relation to the aircraft;
(ix) not do or omit to do anything which may cause the customer to lose any licence, authority, consent or permission on which it relies in relation to the aircraft and you acknowledge that the customer may rely or act on the services.
You acknowledge that the customer shall have a right to rely on and enforce the obligations set out herein which are in addition to its rights and remedies under your Standard Terms and as implied by statute and common law.
(c) Payment
The provision of a quote will be an offer, capable of acceptance by the customer, to supply the services upon your Standard Terms, at the price quoted. Accordingly, the contract formed will be between you and the customer upon your standard payment terms and as such, Jetservice.com shall have no liability to you for the customer’s default in making payment.
4. Complaints
It is our aim to provide our clients with a good professional service. Notwithstanding, that the contract formed is with you and the customer in respect of which we shall not have any liability, to preserve the integrity of the Website and the service Jetservice.com offer, we require suppliers to have a robust and professional complaints handling process. Accordingly, as a preferred supplier, we require you to take every complaint seriously and do everything reasonable to respond to complaints, fully, with due consideration and as soon as practicably possible.
If you have any other queries about TheJetService.com, please do not hesitate to contact us at info@thejestservice.com
5. Website Use
Jetservice.com may suspend access to the Website, due to maintenance works, net security reasons or force majeure with no obligation to reimburse or compensate you for the period in which access was suspended.
Access to the Website is strictly controlled by Jetservice.com and Jetservice.com reserves the right to change, modify, substitute or suspend or remove without notice any information or service from time to time.
You may only use the Website to respond to enquiries or to facilitate the bookings in the ordinary course of your business.
You shall not:
post, transmit or disseminate any information on or via this website which is or may be harmful, obscene, defamatory or otherwise illegal, or may cause an infringement of the rights of any other;
facilitate any other unauthorised, false or fraudulent booking;
use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Website including, but not limited to, uploading or making available files containing corrupt data or viruses via whatever means;
deface, alter or interfere with the appearance and layout of this website or the underlying software code;
take any action that imposes an unreasonable or disproportionately large load on the Website or related infrastructure;
Without prejudice to any of Jetservice.com's other rights, Jetservice.com reserves the right to deny access to the Website and/or cancel bookings wherever and whenever Jetservice.com believes (at Jetservice.com absolute discretion) that you are in breach of any of the Jetservice.com Terms.
Jetservice.com accepts no responsibility for misuse or incorrect use of the Website or booking technology.
6. Your Obligations
(a) You undertake that you shall not, and shall procure that each member of the supplier’s group shall not:
(i) deal with; or
(ii) seek the custom of;
any customer that has been referred to the supplier by Jetservice.com, other than either:
(I) in connection with an contract facilitated by Jetservice.com; or
(II) in respect of a service that is not advertised on the Website
in each case:
(1) during any period in which it is registered as a supplier in the supplier directory;
(2) during the period of 12 months following the date when it ceases to be a registered supplier.
(b) You hereby represent, warrant and undertake that you:
(i) have obtained all corporate authorisations and all other governmental, statutory, regulatory or other consents, licences and authorisations required to empower you to enter into and perform your obligations under this agreement and under any contract with a customer.
(ii) have and shall maintain in force professional indemnity and product liability insurance policies with reputable insurance companies at an appropriate level to cover you in full for your liabilities under a customer contract, including for the avoidance of doubt, damage to aircraft or other customer property, personal injury and death;
7. Indemnity
The supplier shall keep Jetservice.com and TheJetService.com International Limited indemnified in full against all costs, expenses, damages and losses (whether direct or indirect), including any interest, fines, legal and other professional fees and expenses awarded against or incurred or paid by Jetservice.com and/or TheJetService.com International Limited as a result of or in connection with any claim made against Jetservice.com and/or TheJetService.com International Limited by a customer or other third party arising out of, or in connection with, the supply of the services by the supplier or the suppliers breach of these terms.
8. Data Protection
In so far as you process any personal data ( as defined in the Data Protection Act 1998 (DPA) on behalf of the customer, you shall:
(a) process the personal data only on behalf of the customer, only for the purposes of fulfilling the booking and only in accordance with instructions contained in your contract with the customer;
(b) not otherwise modify, amend or alter the contents of the personal data or disclose or permit the disclosure of any of the personal data to any third party unless specifically authorised in writing by the customer;
(c) at all times comply with the provisions of the Seventh Data Protection Principle set out in Schedule 1 of the DPA and, in so doing, provide a written description of the technical and organisational methods employed by you for processing personal data (within the timescales required by the customer) and implement appropriate technical and organisational measures to protect the personal data against unauthorised or unlawful processing and against accidental loss, destruction, damage, alteration or disclosure;
(d) take reasonable steps to ensure the reliability of any of your personnel who have access to the personal data;
(e) obtain prior written consent from the customer before transferring the personal data to any sub-contractors in connection with the provision of the services;
(f) ensure that only your personnel who need to have access to the personal data are granted access to such data and only for the purposes of the performance of the booking and that all of your personnel required to access the personal data are informed of the confidential nature of the personal data and comply with the obligations set out in this clause 8;
(g) not publish, disclose or divulge any of the personal data to any third party unless directed to do so in writing by the customer;
(h) notify the customer (within five working days) if it receives any request or complaint relating to the data subject;
(i) comply with a data access request within the relevant timescales set out in the Data Protection legislation but strictly in accordance with the customer's instructions;
(j) provide an adequate level of protection to any personal data that is transferred with the customer’s consent.
The supplier shall, and the supplier shall procure that any of its permitted sub-contractors shall, comply at all times with the Data Protection legislation and shall not perform their obligations under this agreement in such a way as to cause it or us to breach any of its obligations under the Data Protection legislation.
The supplier shall, at all times, indemnify the customer, Jetservice.com and Jetservice.com International Limited and keep such parties indemnified against all losses, damages, costs or expenses and other liabilities (including legal fees) incurred by, awarded against or agreed to be paid by such parties arising from any breach of the supplier's obligations under this clause 8.
9. Third Party Sites
Jetservice.com may provide links on the Website to other sites maintained by third parties. These other websites are not under the control of Jetservice.com or maintained by Jetservice.com and we are not responsible for the content of such websites. Jetservice.com does not accept any liability whatsoever and howsoever arising in relation to any such other websites.
10. Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
11. Notices
All notices given by you to us must be given to Jetservice.com at info@thejetservice.com. We may give notice to you at either the e-mail or postal address you provide to us when registering. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
12. Transfer of rights and obligations
You may not transfer, assign, charge or otherwise dispose of a booking, or any of your rights or obligations arising under it, without our prior written consent and where relevant the consent of the customer.
13. Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations in respect of a booking that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport
(e) impossibility of the use of public or private telecommunications networks, including the electronic banking system or internet
(f) the acts, decrees, legislation, regulations or restrictions of any government
Our performance in respect of a booking is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations in respect of the booking may be performed despite the Force Majeure Event.
14. Severability
If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
15. Our right to vary these Terms
We have the right to revise and amend the Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
You will be subject to the policies and Terms in force at the time that you are deemed to have accepted a booking, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to bookings previously placed by you), or if we notify you of the change to such policies or Terms before the service is supplied (in which case we have the right to assume that you have accepted the change to the Terms, unless you notify us to the contrary within seven working days of receipt by you of notification of the change to the Terms).
16. Legislation and Courts of Jurisdiction
This agreement will be governed by English law and any disputes will be dealt with by the English courts. However, any services supplied will be done so on your Standard Terms. Accordingly, any disputes will be governed by the choice of law and jurisdiction referred to in your terms and conditions with the customer, or by operation of law in relation to the individual contract formed.