Preamble
This Aircraft Charter Service Contract (“ACSC”) is made between President Voyage JetsSrl (“President Voyage Jets”) and Charterer (“Charterer”) named in the ACSC document to which these GT&C are attached.
Unless other indications, the terms and conditions here below defined are to be understood as general terms and conditions of contract applicable to all transport operation bookings made by the Charterer with President Voyage Jets, a company registered in Italy, with headquarter in Milan (MI), at via Marcona n. 15 – 20129, VAT number IT11944520961, pec: presidentvoyage@cgn.legalmail.it.
Charterer who signs the contract and/or decide to use the services provided by President Voyage Jets expressly accepts the following
General Terms and Conditions
The General Terms and Conditions are an integral and essential part of the ACSC with full binding effects.
President Voyage shall charter and Charterer shall take on charter the Aircraft on the terms and Conditions herein contained
Present GT&C applies to all transport operation booked via President Voyage website as well.
Any amendment to these Terms and Conditions must be agreed between President Voyage Jets and Charterer and confirmed in writing by parties and annexed to this contract.
If one of the Terms below listed is declared null or in contrast with any applicable law, the other terms will remain valid and effective in any case. Please read these Terms carefully before booking your flight service with President Voyage Jets.
Parties
President Voyage Jets S.r.l.: the service company that searches the best prices on the market directly from aircraft operators, in order to provide ad hoc charter services as well as any additional service requested by the final clients.
Charterer: whoever requests the ad hoc charter flight and purchases related services (on www.presidentvoyage.com as well), according to the General Terms and Conditions indicated below.
Air Operator: the company / airline in possession of a valid Operator’s License, Aeronautical Operator Certificate and other equivalent documentation which carries out the flight.
Definitions
“Agreement”: reference is made to the contract concluded in writing or through the use of the website www.presidentvoyage.com owned by President Voyage Jets S.r.l. regulated by art. 52 of Legislative Decree. n. 70/2003 and these General Conditions and any other special conditions included in the sales invoice and / or in the contract.
“Aircraft”: refers to the aircraft (including helicopters) used for each individual flight, having certain characteristics, previously agreed between President Voyage srl and the Charterer.
“Sales price”: refers to the total amount indicated in the invoice and in the contract established by President Voyage Jets in relation to a purchase.
“Itinerary”: refers to the flight and / or a series of flights (including any positioning flights) which include the places of departure, the places of destination, the stopping points and each flight time, as well as the time of estimated departure and arrival. The itinerary, even if previously agreed between President Voyage Jets and the Charterer, could undergo, for safety reasons and technical needs, variations, even significant ones, without prejudice to President Voyage Jets contractual obligation to reach the final destination.
“Aircraft Rental Contract”: reference is made cumulatively and / or alternatively to the stipulation of the contract between President Voyage Jets and / or to the emission of the invoice to the Charterer, which certifies the sale of an ad hoc charter flight, in which these Conditions are recalled General and in which any special conditions are indicated. The contract will usually be stipulated between the Charterer and Preisdent Voyage Jets through IT and / or digital systems. The telematic contract, as stipulated “at a distance”, will be governed by art. 52 and ss. of the Consumer Code. “Charterer (s)”: refers to subjects who decide to purchase President Voyage Jets services, available through the website www.presidentvoyage.com, by telephone, computer or any other mobile application made available and authorized by President Voyage Jets S.r.l. “Passenger (s)”: refers to the person and / or people for whom the flight and / or any additional services have been booked and paid for and who will benefit from the final service.
“Request for quote”: refers to the procedure through which the customer makes a request for a quote with flight details. Following this request, President Voyage will compare the prices sent by the operators, so as to meet the Charterer’s needs, creating a quote including details or additional services and special requests from the passenger. The price indicated in the quotation, the type of aircraft and any details included in the quote, but not limited to, crew, fuel, airport taxes, slots and authorizations, are to be considered subject to verification of actual availability at the time of Charterer confirmation.
“Special conditions”: reference is made to any variation of the General Terms and Conditions of sale.
Reservation of Services
President Voyage Jets is an air charter services provider and only acts as an intermediary between an Aircraft Operator (“Operator”) and the Charterer. President Voyage Jets does not provide air transportation services and does not assume liability for any injury, damage, death, loss, accident or delay due to any action or omission of Operators or third parties or events of force majeure in connection with the ACSC. President Voyage Jets is not a party to the ACSC and bears no obligation in relation thereto. The Charterer hereby acknowledges to President Voyage Jets that in any such event he/she shall only have recourse against the Operato.
Charterer Covenant
The Charterer shall comply and shall ensure that all Passengers and their Baggage shall comply with: all relevant laws and regulations of any state of departure, transport or arrival; and any requirements of the Carrier, including any law or regulation of any country which are applicable to the Carrier’s operation of the Aircraft; the conditions of all permits, licences and authorities granted for the Flight(s) and will procure such compliance on the part of all the Passengers.
The Charterer must provide the minimum Passenger information required by the destination country and it remains the responsibility of the Charterer to ensure that such information is correct and fully complies with the minimum Passenger information required at the destination country. The Charterer shall be solely responsible for ensuring that all Passengers and their Baggage arrive at the specified check-in point at the departure airport in sufficient time to be carried on the Flight.
The Charterer shall ensure that all Passengers possess all necessary passports, identity documents, visas and other documents required by the states of departure, transit and arrival.
The Charterer accepts full responsibility for the cleaning or the repairing of the aircraft cabin if damages take place during the execution of this ACSC, or if for whatever reason the cabin is not left at the end of the ACSC in the same condition that it was found at the beginning of the ACSC, only where such damage or condition was caused by the Charterer. The Charterer is responsible for all passengers.
Sale Of The Flight
President Voyage Jets following the purchase of the service, the aircraft will be made available to the Charterer through the operator holding the Aeronautical Operator Certificate; the Charterer agrees to use the service according to the terms and conditions established in the contract (including all special conditions known and accepted by the customer at the time of purchasing the flight).
The natural or legal person who has made the booking of the service can also do so on behalf of third parties, who will materially benefit from it, provided that he accepts the Terms herein reported; assumes responsibility for the management and transmission to the beneficiary (s) of all communications relating to the Booking itself, including these Terms.
The purchaser of the flight service must always provide President Voyage with his e-mail address and telephone number, or that of the actual user of the service, if different, in order to allow President Voyage Jets to contact
him / her directly in the event of interruptions. of the flight, such as delays or cancellations.
Charter Price and Payment
President Voyage Jets S.r.l. provides all the information about the payment systems for the rental of private jets or ancillary services in the specific section of the website www.presidentvoyage.com or via email.
The Charterer shall pay to President Voyage Jets the Charter Price at the time, in the currency, in the amounts and to the address specified in accordance with the provisions set out in the ACSC document and its eventual attachments.
The charter price includes all costs directly related to the execution of the flight schedule, maintenance and operation of the Aircraft: flight charter as per itinerary, date, departure time and passenger number, and catering.
The charter price does not include: change in itinerary, date, departure time and/or passenger number, de-icing cost (for passenger and ferry flights), on-board roaming (tel or internet), additional/special catering request, ground transportation, war insurance surcharges.
If for any reason whatsoever there shall be any increase in the cost of aviation fuel between the Base Date and the date of operation of any Flight, then the Charterer shall pay to President Voyage on demand such amount.
No objection and / or exception relating to the condition of transport will entitle the Charterer to suspend and / or delay the payment of the agreed amount for the flight (s) and / or services booked with President Voyage Jets S.r.l.
The Charterer is required to pay all cost items, in relation to any expenses incurred and relating to flight operations, as provided for in the contract. In the event that it is necessary to de-icing the wings of the aircraft, an additional cost will be applied to the agreed one which will be fully charged to the Charterer with the issue of a regular invoice for the final surcharge. President Voyage Jets may request a pre-authorization on the Charterer’s credit card for the additional cost of this service. The final decision of the de-icing procedure is the sole responsibility of the aircraft operator and the aircraft Commander. In the event that the Charterer wishes to change the itinerary or make other significant changes (for example departure time, passenger list, change of airport or other flight request) President Voyage Jets will modify the flight booking if possible and if the operator accepts such changes; in this case, any additional cost will be charged to the Charterer, who will have to pay President Voyage the amount due according to the timing established by the contract.
Unless otherwise agreed before the flight, the Wi-Fi connection is not included in the sale price. Any connection available on the aircraft used by passengers or the Charterer will be paid for by the Charterer upon receipt of the invoice, as well as any other service used by the Charterer and not authorized by FPJ.C
Captain Authority
The Captain of the aircraft is entitled to take all necessary safety precautions at any time, including the full authority to make decisions on payload (passengers, luggage, cargo), planned route, timing and ultimate landing destination. Neither President Voyage Jets nor the Operator are liable for any loss, damage, costs or claims or whatsoever nature arising as a result of any such decision. If the planned route, timing or destination must be changed due to the unruly conduct of a passenger, the Charterer will be liable for the complete flight price in full, plus any additional cost caused by any diversion. If the Captain has landed at a place not specified in the ACSC for any purpose related to the safety of the aircraft and passenger and it may be reasonably expected that the captain will be unable to resume the flight within a short time after such landing, the ACSC shall be considered completed and the price duly earned. The transportation (by road, sea or air) to the final destination is the sole responsibility of the Charterer. The Charterer in such event has no right to damages or compensation and the operator will have no further obligation or liability in relation to the ACSC.
Aircraft And Crew
The aircraft operator will be responsible for making the aircraft available for the scheduled departure of the flight by adequately ensuring services, equipment, fuel and airworthiness in accordance with the laws and regulations of the state in which the aircraft is registered. The aircraft will be managed by the aircraft operator on the basis of applicable laws and regulations prior to take-off and landing.
In line with its general operational needs, the aircraft operator is committed to:
– make the aircraft and operating personnel, including cabin crew, available for the departure time indicated in the contract;
– make operational staff available to welcome passengers at the entrance to the airport of departure, FBO or in the agreed place;
– provide operational staff to assist customers / passengers at the destination airport.
President Voyage Jets undertakes to:
– respond to any customer request concerning the methods of use of the service purchased;
– promptly inform the Charterer / user of any delays in flight planning, whatever the reason.
The commander of the aircraft will have to take care of everything related to the preparation of the aircraft: whether the flight can be carried out and / or whether the flight can continue once it has begun. The Charterer accepts, definitively and irrevocably, by signing the contract sent by President Voyage Jets any decision made by the captain on every aspect of the operation of the aircraft, including any other deviation of the itinerary or modification of the landing site. In this case, no cost or refund can be requested by the customer from President Voyage Jets.
All ground personnel and flight operators, including cabin crew, are only authorized to take orders from the aircraft operator and / or the commander or competent authorities.
On all flights, based on the legal system in force, smoking is not allowed. If the Charterer smokes inside the aircraft (whatever the type: cigarettes or cigars and / or electronic cigarettes), the Cherterer will bear all the necessary cleaning costs, determined by the airline operator, in addition to and in addition to any penalties provided by the airline.
Flight Times, Loading And Embarkation
The Charterer shall be responsible that passengers and their baggage arrive at the specified check-in point at the departure airport in sufficient time to be carried on any Flight. In the event that any passenger of the Charterer fails to arrive in sufficient time to be carried on the Flight President Voyage Jets, shall be under no obligation hereunder to make any alternative arrangements for any such passenger.
In the case that a passenger does not arrive in time for boarding, the airline operator and President Voyage they will not be responsible for the passenger (s) or the Charterer. The airline operator is not obliged to operate in a manner other than that provided in the agreed flight itinerary. The Charterer will be responsible for any additional costs, paying the amount due to President Voyage Jets necessary to cover any applicable charges and expenses incurred by the airline operator for the change of route or timetable. If it is not possible to change the time and / or destination, the Charterer will still be required to pay for the flight without any right of reimbursement.
In the case that any passenger of the Charterer is denied entry to any destination airport, the Charterer must reimburse and hold harmless the Airline Operator, its employees, officers and / or representatives against costs or expenses of any kind incurred (including, but not limited to, taxes, penalties or other expenses charged to the airline operator or to President Voyage Jets by the immigration police) and, in addition, all costs or expenses incurred for any transport agreements of this passenger / s up to the country of departure.
Travel Documents
The Charterer are responsible for obtaining all required travel documents and visas and for complying with all laws, regulations, orders, demand and travel requirements of countries to be flown from, int or through which the customer transit.
President Voyage Jets shall not be liable for the consequences resulting from the customer failure to obtain such documents or visas or to comply with such laws, regulations, orders, demand, requirements, rules or instruction.
Or (alternativa; ndr)
The Charterer must obtain and provide all the necessary documentation (including for any pets carried on board) for transport and flight, as established and prescribed by national and international law. All passengers who will be on board the flight must always provide President Voyage Jets a valid identification document (identity card in Italy or EU, only if valid for expatriation, or passport for non-EU flights), as well as all the information and assistance necessary to complete the documentation at the time of the reservation. It will be the Charterer ‘s responsibility to fill in any forms, self-certifications, QR codes required by government or airport authorities and to promptly provide this documentation within 24 hours before the flight to President Voyage Jets. The absence of one or more forms or documents described above will make it impossible to make the flight and will be considered as a cancellation by the Charterer with a charge equal to 100% of the price shown on the contract and on the invoice. Criminal and civil liability for the inaccuracy or untruthfulness of the information provided remains with the Charterer and / or passengers, exempting President Voyage Jets from any liability, which merely transmits this documentation to the operator or other bodies in charge.
Dangerous Goods
It is not permitted to bring articles on board the Aircraft as luggage or otherwise which cannot be transported in accordance with the applicable statutory or IATA/ICAO rules and regulations, which in the opinion of President Voyage Jets are dangerous or offensive, which is prohibited by any state or country over which the flight is planned to be executed, which are not suitable for air transportation.
Delay and Cancellation
If the Charterer is not ready to commence the flight as per the itinerary on the ACSC, for any reason that the Charterer is responsible for (late arrival, missing passengers, cargo, documents, visas) the Charterer will owe the Operator a demurrage fee of Euro 350 per hour, for each commenced hour of delay.
In addition, the new departure time (take-off slot) and/or the new arrival time at destination (landing slot) will be re-allocated by the relevant airport’s Air Traffic Control, and the Operator is not liable for any delay or damages caused by such possible delay, which can extend to the following day, or the next airport opening day.
The cancellation fees are listed on the ACSC, and are non-negotiable in case of cancellation of the charter by the Charterer.
If a flight is canceled by the Charterer, he must immediately President Voyage, all amounts due and not paid, if not yet paid. The Charterer undertakes to indemnify President Voyage from any loss, damage, cost, expense, claim or liability or incurred by the operator as a result of the cancellation and that he requests from President Voyage Jets.
Each Agreement can be canceled with a written notice from President Voyage if the Charterer, does not make the payment of the sums due within the peremptory deadline establishes.
President Voyage Jets in agreement with the flight operator, reserves the unquestionable right to cancel the flight and / or to refuse the execution in the following cases:
a) the Charterer is manifestly under the effects of psychotropic and / or alcoholic substances which significantly alter his / her ability to control himself;
b) the Charterer is found in possession of weapons of any kind that he refuses to entrust to the crew, and / or other objects that, at the sole discretion of the flight operator, may represent, if used, a danger to the safety of crew.
c) the Charterer refuses to follow the instructions provided by the crew for take-off.
d) in all other cases in which the operator and / or the staff connected to the same have reason to believe, on the basis of concrete and documentable elements, that the customer can cause damage to things and people during the flight.
Refunds
The Charterer undertakes to reimburse President Voyage Jets in the case of any damage, accidental and / or malicious, caused to the aircraft, upon mere presentation of the tax invoice. In this case, the Charterer authorizes President Voyage Jets to withhold the amount blocked on the credit card, to the extent already pre-authorized (€ 1,500.00); it being understood that if the damage were to be of a considerably higher amount, from now on, President Voyage Jets authorizes to withhold as retention an amount equal to not less than € 15,000.00.
Empty Leg Conditions
These flights are solely offered at the special conditions of Empty Leg / Special Availability Flights. Thus President Voyage Jets cannot issue any guarantee for Empty Leg / Special Availability Flights or organize an alternative flight pursuant to the General Terms and Conditions. Empty Leg / Special Availability Flights are characterized by the fact that they are offered by President Voyage Jets subject to an already confirmed Masterflight, at a reduced rate and only to selected Charterers on very short notice. An Empty Leg Deal is, for the purposes of these Standard Terms and Conditions, any flight booking for which a lower price is given based on the Charterer travelling on an existing empty sector, or similar route for which normal repositioning of the aircraft is reduced. If, after booking an Empty Leg, any changes to the flight schedule comprised in the Principal
Charter shall result in the Empty Leg becoming unavailable, the Charterer of the Empty Leg shall be offered alternative arrangements, with revised pricing as applicable. The Charterer of an Empty Leg which becomes unavailable shall have no obligation to accept the alternative arrangements and if such alternative arrangements are not accepted within the notified validity period for acceptance, a full refund of fees and charges already paid, if any, will be offered by the Carrier. The quoted price(s) for Empty Leg charters do not include for catering services other than bar / cabin snacks or for any other services such as de-ice or WIFI costs which will be charged at costs after the flight.
Force Majeure
President Voyage Jets shall not be responsible of its obligations if the performance is prevented or delayed by an event of force majeure. Events of force majeure include, bur are not limited to: meteorological conditions, such as visibility minima; delays due to Air Traffic Control; airport closures; technical failures; war, statutory restrictions, etc.
Insurance
Limits of Liability: Combined single limit for all bodily injuries and property damages. Sum insured: EUR 30,000,000.00, each occurance aggregated within one insurance year. Geographical validity: Whole world. In addition the operator performing this trip has liability insurance of 80,000,000 EUR.
Financial Protection: Once the Charterer pays the ACSC price to President VoyageJets, the funds are kept in President Voyage Jets bank account until 72h prior to the flight. President Voyage Jets guarantees full refund of Charterer funds during this time, in case President Voyage Jets ceases its activities or files for bankruptcy. 72h prior to the departure of the flight, President Voyage Jets will transfer the funds to the Operator and no financial protection guarantee can be given in case the Operator ceases activity or files for bankruptcy before the departure of the flight. President Voyage will immediately file a lawsuit against the Operator to recover the funds, which will then be returned to the Charterer.
Liability
If by reason of any circumstances whatsoever beyond the control of the Operator, President Voyage Jets or the Charterer, as the case may be, including (but without prejudice to the generality of the foregoing) war, hijacking, riots and commotion, strikes, lock-outs, interferences of government authorities or their officials, fire, explosions, requisitions, blockade, embargo, flood, fog, Act of God, mechanical failure, breakdown or accident to the aircraft, the Operator shall be unable to fly or continue to fly the aircraft or the Charterer shall be unable to take up any flight to be operated hereunder, neither the Operator nor President Voyage Jets shall be liable for the delay or non-performance of any such flight. The liability of the Operator to the Charterer shall be limited to the repayment to the Charterer of the charter price or of such part of flying hours as proportionally unused of the charter price.
The Charterer agrees that he/she will not be entitled to recover, and hereby disclaims and waives any right that it may otherwise have to recover, lost revenues or profits or consequential damages as a result of any breach or alleged breach by Presidet Voyage Jets of any of its obligations under this ACSC or for any other reason. President Voyage Jets will not be liable to the Charterer for any indirect or consequential damages caused directly or indirectly by any delay or failure to perform the flight on the aircraft.
The Charterer confirms that it is fully aware of the provisions of this clause and that the charter price and other amounts have been calculated taking into account such provision. The Operator is responsible for the collection and remittance of appropriate taxes. In this case President Voyage Jets will endeavour to find an alternate Operator and aircraft for the completion of the flight, and a new and separate ACSC shall be presented for approval by the Charterer.
Exclusion of Liability
President Voyage Jets is not liable to the Charterer for delays or cancellations of the service resulting from force majeure, labor disputes and / or strikes of any kind (including the personnel of the aircraft operator himself); disruption of operations or any other cause not dependent on the aircraft operator, including accidents or breakdowns of the aircraft engine or any other component or machinery connected to it.
Carriage performed is subject to the conditions contained or indicated in the flight documentation of the aircraft operator. President Voyage Jets is not responsible for any direct or indirect damage caused to the Charterer before, during or after the flight.
The Charterer and / or passengers must behave during the security checks and for the entire period of the flight in compliance with the standards imposed by the rules on national and international security. The operator reserves the right to accept or refuse on board any passenger who may appear or have obvious symptoms of intoxication or be under the influence of illicit substances, drugs or in an evident state of drunkenness or agitation that could preclude the normal performance of activities. boarding and / or flight. In this case President Voyage Jetswill not have to reimburse the Charterer for the service not performed due to the behavior of the Charterer and / or passengers and will retain the total amount of the flight included in the contract signed and paid by the customer.
Termination
This Contract may be terminated immediately if:
– the Charterer defaults in the payment;
– the Charterer is in breach of any of its other obligations as by ACSC.
Additional General Conditions
All information and notifications provided in the contract and in the sales invoice for the service must be in writing and are considered valid if delivered or sent by e-mail, fax, text message or Whatsapp message, to the counterpart’s contact details. As provided at the time of booking and indicated on the invoice. Each of these communications will be considered complete at the time of its sending to the counterparty. Similarly, in case of use of the electronic communication tools described above, any confirmations, consent to payments by bank transfer, credit card (s), and any other form of adhesion relating to flights or to related services.
The sale price, payment terms and other commercial conditions contained in each agreement are exclusive to President Voyage Jets and must not be disclosed to third parties without written approval.
The Charterer has no right to grant to third parties any agreement stipulated with President Voyage Jets.
Role of President Voyage Jets Jet and Governing Law and Jurisdiction
President Voyage Jets Jet is a flight broker and as such arranges carriage by air on behalf of its customers by chartering aircraft from third-party aircraft operators. President Voyage Jets only acts as an intermediary, does not itself operate aircraft and is not a contracting or an indirect carrier. There is no contract of carriage between President Voyage and the Charterer or the passengers and President Voyage is not liable for damage sustained by them during or in connection with carriage by air. In such event, the Charterer or the passengers only have recourse against the aircraft operators. Should the Charterer require the identity of the Operator prior to signing the ACSC, please request so by contacting the President Voyage Jets representative. Governing Law and Jurisdiction: These Terms and Conditions shall be governed by the laws of Italy. Any dispute arising out of or in connection with this ACSC shall be submitted to the exclusive jurisdiction of the courts of Milan, Italy.
PVJets S.R.L.