Terms and Conditions
These terms and conditions shall apply to all contracts for the charter of aircraft or the purchase of aircraft seats by members as arranged by JoinMyJet acting as agent for an operator and/or a flight initiator and/or members, as the case may be.
For the avoidance of doubt, these terms and conditions do not constitute a contract for carriage by air. Carriage is always subject to the conditions of carriage of the operator.
Members and flight initiators accept that JoinMyJet shall have no liability with respect to the operation of the itinerary or aircraft and that any claims arising out of such operation must be directed to the operator
JoinMyJet may at any time amend these terms and conditions in its absolute discretion although existing bookings shall remain governed by the terms and conditions applicable at the time of booking.
1. DEFINITIONS AND INTERPRETATION
1.1 In these Terms and Conditions:
1.1.1 except where the context makes it inappropriate, the masculine gender shall include the feminine and vice versa and the plural shall include the singular and vice versa;
1.1.2 headings are given for convenience only and shall not affect interpretation;
1.2 In the event of any conflict between these Terms and Conditions and the Operator's Conditions of Carriage, these Terms and Conditions will prevail in so far as such conflict relates to the relationship between a Member and JoinMyJet;
1.3 The following terms shall have the following meaning, except where the context otherwise requires:
'Aircraft' means any aircraft for the time being operated by an Operator for the provision of an Itinerary;
'Authorised Agent' means a travel agent who has been authorised by JoinMyJet to access the JoinMyJet booking platform and performs certain functions acting as agent for Members or, in limited circumstances, prospective Members;
'Booking Confirmation' means the electronic confirmation provided by JoinMyJet to a Member and/or Flight Initiator of a booking detailing, inter alia, Per Seat(s) or Charter Price and Itinerary;
'Charter Offer' means each electronic confirmation provided by JoinMyJet to Members in response to a Charter Request including, inter alia, the offered Charter Price, the offered Itinerary, the offered Aircraft and the applicable Operator's Terms;
'Charter Price' means the price payable by a Member for the charter of an Aircraft on the basis of an Itinerary as specified by the Member;
'Charter Request' means any Itinerary requested by a Member through JoinMyJet;
'Conditions of Carriage' means the Operator's general conditions of carriage for passengers and baggage current at the time of booking which are available on the JoinMyJet website;
‘Empty Seats' means, in the context of an Aircraft chartered by a Member and/or Flight Initiator, the making available of surplus Aircraft seats to other Members through JoinMyJet's website, as provided for in these Member Conditions;
‘Flight Details’ means the electronic information provided by JoinMyJet to a Member of a booking detailing, inter alia, the Itinerary, Aircraft, check-in details, baggage allowance and other information related to the flight;
'Flight Initiator' means a Member who charters an Aircraft for an Itinerary of his specification;
'Flight Initiator's Flight' means the flight sector(s) forming part of an Itinerary on which the Flight Initiator and/or his passengers are passengers on the Aircraft;
'Itinerary' means the flight, series of flights (including any Positioning Flights) as determined by JoinMyJet or a Flight Initiator, as the case may be, and shall include places of departure, places of destination, any stopping points and any departure and arrival times;
'Member' means any person registered with JoinMyJet and so entitled to utilise aircraft and seat booking services provided through JoinMyJet's website;
'Member Conditions' shall mean these terms and conditions;
'Operator' means the independent licensed air transport undertaking that is the actual operator of an Aircraft for the Itinerary as specified in the Booking Confirmation;
'Operator's Terms' means the terms pursuant to which the Aircraft is provided for the Itinerary which are available on the JoinMyJet website;
'Passenger' shall mean any person(s) whose seat has been booked and paid for by a JoinMyJet Member through JoinMyJet;
‘Per Seat(s)' means the option for a Member to purchase a seat at a given price;
'Positioning Flight' means the flight sector(s) forming part of an Itinerary on which a Member or his passengers are not passengers on the Aircraft;
'Parties' means JoinMyJet, Members and/or Flight Initiators, as the case may be;
'JoinMyJet' means JoinMyJet ApS, CVR-nr. 38 47 03 96, Højrimmenvej 32, 9380 Vestbjerg, Denmark.
2. GENERAL PROVISIONS
2.1 JoinMyJet, acting as agent for the Operator and/or the Flight Initiator and/or Members, as the case may be, shall make available to Members the Aircraft or seats on board the Aircraft through its website.
2.2 Carriage performed pursuant to these Member Conditions shall be subject to the Operator's Terms and, where applicable, the Operator's Conditions of Carriage. Members hereby acknowledge and accept that JoinMyJet shall have no liability whatsoever with respect to the operation of the Itinerary or the Aircraft and that any claims arising out of the operation of the Itinerary or Aircraft must be directed to the Operator.
2.3 Members shall be solely responsible for arriving at the specified check-in point at the departure airport in sufficient time and complying with the Operator's Terms and Conditions of Carriage, including but not limited to luggage restrictions (as further described in the 'Frequently Asked Questions' section of JoinMyJet's website and in the ‘Flight Details’), the carriage of pets and behaviour onboard aircraft. In the event that a Member fails to arrive in sufficient time in order to participate in an Itinerary or is denied boarding on account of his failure to comply with the Operator's Terms and/or Conditions of Carriage, JoinMyJet shall be under no liability whatsoever to the Member, nor shall it be under any obligation to make alternative travel arrangements for the Member. Should the Member request JoinMyJet's assistance with alternative travel arrangements, the Member will be liable to pay such additional charges as may be agreed with JoinMyJet in respect of such alternative arrangements.
2.4 Members and passengers are responsible for obtaining all required travel documents and visas and for complying with all laws, regulations, orders, demands and travel requirements of countries to be flown from, into or through which they transit. JoinMyJet will not be liable for any consequences resulting from failure to obtain such documents or visas or to comply with such laws, regulations, orders, demands, requirements, rules or instructions. Members and passengers should comply with Government travel requirements and present exit, entry and other required documents in sufficient time to complete departure procedures.
2.5 For the avoidance of doubt, JoinMyJet is not a 'contracting carrier' for the purposes of the Montreal Convention 1999.
2.6 Members acknowledge that smoking is prohibited on all Aircraft and a Member shall indemnify JoinMyJet and other Members against any and all claims or liabilities arising out that Member's failure to comply with this clause 2.6.
2.7 Members accept full responsibility for the conduct of all Passengers for whom they have purchased seats, as confirmed in the Booking Confirmation. The Member acknowledges that in respect of the contract of carriage by air of each Passenger they act as the Passenger’s agent. All liabilities in relation to the carriage by air of Passengers and their baggage shall be governed by the conditions of carriage of the Operator as set out in the Operator's Terms. The Member shall ensure that each of its Passengers receives proper notice of the carrier liability provisions and these Member Terms and has received and agreed to the terms and conditions of carriage set out in the Operator's Terms prior to a booking being made through JoinMyJet. Members acknowledge and agree that Members and Members' Passengers are jointly and severally liable for any and all damages and in the event of any default by a Member under these Member Terms, JoinMyJet reserves any and all rights available at law to seek recourse against Members' Passenger(s).
2.8 Members acknowledge that the maximum number, weight and dimensions for both carry on and hold baggage will be stipulated in the 'frequently asked questions' on the JoinMyJet website and in the ‘Flight Details’. Members further acknowledge that failure to comply with these requirements may result in the Operator refusing to carry their baggage on the Aircraft and that JoinMyJet assumes no liability whatsoever for such refusal.
2.9 JoinMyJet may in its absolute discretion revoke any Member's membership with immediate effect.
2.10 Where an Operator makes JoinMyJet aware of changes to an Itinerary (including as regards departure time(s)), JoinMyJet shall endeavour to communicate such changes to the relevant Member(s) through the 'My Flights' on the JoinMyJet website and/or by way of Facebook, LinkedIn, Twitter, Messenger, WhatsApp or any other social media network or email. JoinMyJet shall be under no liability whatsoever for any failure to communicate such changes to the Member(s) concerned.
2.11 In the event that a Member fails to take a flight or flights forming part of an Itinerary for which he holds a Booking Confirmation the Member shall not be entitled to any refund from JoinMyJet in respect of monies paid for the Itinerary concerned, regardless of the reason for the failure to take the applicable flight(s).
2.12 In the event that an Aircraft is diverted from landing at its intended destination or is forced to return to base for reasons beyond the reasonable control of the Operator, JoinMyJet shall use its reasonable endeavours to provide assistance to Members travelling on the Aircraft as regards the sourcing of alternative means of transport for the completion of their Itinerary. For the avoidance of doubt, the costs of such alternative transportation are to be paid directly by the Member(s) concerned to such third party provider(s) of the alternative means of transport, and any contract for such carriage will be concluded directly between the Member(s) and such third party. Members acknowledge that while JoinMyJet may provide assistance to Members in arranging alternative means of transport, under no circumstances will JoinMyJet act as agent or as principal in the provision of such alternative transport.
2.13 In the event that:
2.13.1 an Aircraft is detained (whether lawfully or otherwise) by any third party (including but not limited to detention by any aviation or airport authority, overflight authority or by way of lien or requisition for hire or otherwise) whereby making completion of the Itinerary impossible; or
2.13.2 the Operator or the relevant Aircraft has an administrator, receiver, trustee or other similar person acting on behalf of a lawful authority, appointed over all or part of its assets or business and as a result the Operator is unable to perform the Itinerary at the same cost; or
2.13.3 the Operator becomes insolvent, enters into voluntary liquidation, or is compulsorily wound up;
JoinMyJet shall use its reasonable endeavours to source an alternative Operator who is able to operate the Itinerary (or remaining parts thereof) at a similar cost.
2.14 In the event that an alternative Operator is sourced for the provision of the Itinerary pursuant to clause 2.13, JoinMyJet shall make details of such alternative arrangements available to those Member(s) holding a Booking Confirmation for the applicable Itinerary. Such Members shall be entitled to accept or decline the offer of such alternative arrangements. Where a Member declines such an offer, he is entitled to a refund from JoinMyJet of all funds paid in relation to the Itinerary except as regards monies which have already been paid to the Operator, for which the Member's recourse lies with the Operator only.
2.15 Where an offer of alternative transport arrangements is accepted pursuant to clause 2.14, the Member(s) accepting such arrangements shall be liable (in equal proportion) for any costs over and above the original total cost for the operation of the Itinerary prior to the event(s) described in clause 2.13.
2.16 When a booking under these Member Conditions has been initiated through an Authorised Agent, all communications, the issue of documents and the payment and receipt of funds in respect of that booking shall be conducted through the Authorised Agent acting as agent for the relevant Member or prospective Member (as the case may be). JoinMyJet will only enter into direct communications in respect of such a booking with the relevant Member or prospective Member where specifically requested to do.
3. AIRCRAFT CHARTER
3.1 Aircraft charter by Flight Initiator
3.1.1 A Flight Initiator (or an Authorised Agent acting on behalf of a Flight Initiator or prospective Member) may submit an aircraft charter request through JoinMyJet's website for an Itinerary specified by the Flight Initiator. JoinMyJet shall use its reasonable endeavours to offer a Charter Price in respect of the requested Itinerary.
3.1.2 Acceptance of the Charter Price is deemed to have occurred upon the receipt by JoinMyJet of a deposit of no less than 20% (twenty percent) of the Charter Price or any other deposit as may be required by the relevant Operator whichever is the greater. For the avoidance of any doubt, in the event where a Flight Initiator submits an aircraft charter request through JoinMyJet's website for an Itinerary commencing less than 30 (thirty) days from the date of the request, 100% of the Charter Price is due before JoinMyJet shall issue a Booking Confirmation in respect of the Itinerary.
3.1.3 Where the aircraft Charter Request was submitted directly by a Flight Initiator or by an Authorised Agent acting on behalf of a Flight Initiator, JoinMyJet shall, upon acceptance of the Charter Price, subject to continued availability of Operator aircraft and crew, issue the Flight Initiator (or the Authorised Agent) with a Booking Confirmation in respect of the Itinerary.
3.1.4 Where the aircraft Charter Request was submitted by Authorised Agent acting on behalf of a prospective Member, JoinMyJet shall, upon acceptance of the Charter Price, issue Authorised Agent with a payment receipt. Only upon the prospective Member becoming a Member of the JoinMyJet programme shall JoinMyJet issue the Authorised Agent with a Booking Confirmation in respect of the Itinerary.
3.1.5 The balance of the total Charter Price is payable no less than 30 (thirty) days prior to the commencement of the Itinerary.
3.1.6 Where the balance of the Charter Price is not received by JoinMyJet in compliance with clause 3.1.5, JoinMyJet shall be entitled to cancel the Itinerary in its absolute discretion and shall refund deposits received less 5% (five percent) of the total Charter Price, any credit card fees incurred, and any cancellation fees due to the Operator in accordance with the cancellation provisions set out in the Operator's Terms.
3.1.7 Notwithstanding clause 3.1.2, where a Flight Initiator (or Authorised Agent acting on behalf of a Flight Initiator or prospective Member) wishes to accept a Charter Price within 30 days of the Itinerary commencing, the Flight Initiator is only deemed to have accepted JoinMyJet's offer upon receipt by JoinMyJet of the full Charter Price and JoinMyJet shall then send the Flight Initiator a Booking Confirmation in respect of the Itinerary.
3.2 Empty Seats – rights and obligations of Flight Initiator
3.2.1 Empty Seats shall only be available to Flight Initiators holding a Booking Confirmation issued pursuant to clauses 3.1.
3.2.2 JoinMyJet, acting as Agent for the Flight Initiator, shall automatically make Aircraft seating on Positioning Flights available to other Members on a Empty Seats basis. Flight Initiators shall have no right of objection in that regard.
3.2.3 Upon a Flight Initiator's request, JoinMyJet, acting as Agent for the Flight Initiator, shall make surplus Aircraft seating on the Flight Initiator's Flight available to other Members through its website on a Empty Seats basis. Where a Flight Initiator's Flight involves multiple sectors, the Flight Initiator shall specify which sectors shall be subject to Empty Seats.
3.2.4 For the avoidance of doubt, where seats have been made available for sale pursuant to clause 3.2.2 or 3.2.3, a Flight Initiator shall not make surplus Aircraft seating available for sale or otherwise by any other means.
3.2.5 Surplus Aircraft seats made available to Members pursuant to Empty Seats shall be sold at a price determined in accordance with JoinMyJet's cost apportioning mechanism.
3.2.6 Where one or more Members have purchased surplus seats on an Aircraft chartered by the Flight Initiator, the Flight Initiator shall not cancel the Itinerary, notwithstanding any rights that may exist under the Operator's Terms.
3.2.7 The Flight Initiator may change the name(s) of passengers traveling under his Booking Confirmation up to 48 hours prior to the departure of the first flight forming part of the Itinerary, subject always to JoinMyJet's right to refuse such requests on reasonable grounds.
3.2.8 Where JoinMyJet has made surplus seats available to Members on a Empty Seats basis (on the Flight Initiator's Flight(s) or Positioning Flight(s), as the case may be) but no such seats have been purchased, the Flight Initiator may cancel the Itinerary subject to (a) payment to the Operator of any amount due under the Operator's Terms in respect of such cancellation and (b) payment to JoinMyJet of a cancellation fee of 5% of the total Charter Price. Such amounts may be deducted from any amounts paid by the Flight Initiator in respect of an Itinerary which is so cancelled and any remaining balance will be refunded to the Flight Initiator within 14 (fourteen) days of the Flight Initiator notifying JoinMyJet in writing of his wish to cancel the Itinerary.
3.3 Empty Seats – purchase of surplus seats by Members
3.3.1 Acting as the Flight Initiator's agent, JoinMyJet will advertise for sale on its website and Social Media Networks seats on Flights and Positioning Flights., and subject to a Flight Initiator's prior instructions, seats on the Flight Initiator's Flight(s).
3.4 Per Seat(s)
3.4.1 Where seats are made available pursuant to clause 3.3.1, Members are entitled to purchase available seats on an Aircraft on a Per Seat(s) basis for a price as specified on JoinMyJet's website.
3.4.2 Upon receipt by JoinMyJet of the advertised Per Seat(s) seat price from a Member or an Authorised Agent acting on behalf of an existing Member, a contract in respect to the purchase of the relevant seat(s) for the Itinerary is deemed to have been concluded and JoinMyJet shall provide the Member with a Booking Confirmation.
3.4.3 Upon receipt by JoinMyJet of the advertised Per Seat(s) seat price from an Authorised Agent acting on behalf of a prospective Member, JoinMyJet shall issue the Authorised Agent with a payment receipt. Only upon the prospective Member becoming a Member of the JoinMyJet programme shall a contract in respect to the purchase of the relevant seat(s) for the Itinerary be deemed to have been concluded, at which point JoinMyJet shall issue the Member (through Authorised Agent) with a Booking Confirmation.
3.6 Per Seat(s) – general provisions
3.6.1 Following the issue of a Booking Confirmation under clauses 3.4.2 a Member may not cancel a booking, notwithstanding any rights that may otherwise exist under the Operator's Terms.
3.6.2 Under no circumstances shall Members be permitted to arrange for the onward sale of their seat(s) to third parties, except as provided for in clause 3.6.3.
3.6.3 Following the issue of a Booking Confirmation pursuant to clause 3.4.2 a Member may ask JoinMyJet to substitute alternative passenger details for his name (and where relevant, the names of his passengers) up to 48 hours prior to the departure of the first flight forming part of the applicable Itinerary JoinMyJet shall endeavour to make the requested change(s), subject always to JoinMyJet's right to refuse such requests on reasonable grounds.
3.6.4 JoinMyJet shall be entitled to cancel an Itinerary in its absolute discretion. Where JoinMyJet elects to cancel an Itinerary, any monies received from Members other than non-refundable deposits will be reimbursed in full and subject always to the provisions of the Operator's Terms.
3.6.6 Members purchasing seats through Empty Seats on a flight chartered by the Flight Initiator accept that neither JoinMyJet nor the Flight Initiator has any liability for the operation the Aircraft or Itinerary and accept that any claims regarding the operation of the Aircraft or Itinerary must be directed to the Operator.
4. FIXED PRICE SEATS
4.1 JoinMyJet, acting in its capacity as agent for an Operator, may advertise fixed price seat(s) through its website for a specified Itinerary. The contract for carriage by air is concluded between each Member purchasing seat(s) and the Operator and JoinMyJet acts only as agent for both the Member(s) and Operator in that regard.
4.2 Upon receipt by JoinMyJet of the advertised seat price from a Member, a contract in respect to the purchase of the relevant seat(s) for the Itinerary is deemed to have been concluded and JoinMyJet will provide the Member with a Booking Confirmation.
4.3 Upon receipt by JoinMyJet of the advertised Per Seat(s) seat price from an Authorised Agent acting on behalf of a prospective Member, JoinMyJet shall issue the Authorised Agent with a payment receipt. Only upon the prospective Member becoming a Member of the JoinMyJet programme shall a contract in respect to the purchase of the relevant seat(s) for the Itinerary be deemed to have been concluded, at which point JoinMyJet shall issue the Member (through Authorised Agent) with a Booking Confirmation.
4.4 Following the issue of a Booking Confirmation under clause 4.2 a Member may not cancel a booking.
4.5 Following the issue of a Booking Confirmation pursuant to clause 4.2 a Member may ask JoinMyJet to substitute alternative passenger details for his name (and where relevant, the names of his passengers) up to 48 hours prior to the departure of the first flight forming part of the applicable Itinerary JoinMyJet shall make the requested change(s), subject always to JoinMyJet's right to refuse such requests on reasonable grounds.
5. EXCLUSION OF LIABILITY / INDEMNITY
5.1 JoinMyJet shall be under no obligation to a Member or any other passenger on a flight forming part of an Itinerary in respect of any variation to or cancellation of an Itinerary by the Operator (regardless of the reason therefor) and each Member hereby acknowledges to JoinMyJet that in any such event they shall only have recourse against the Operator.
5.2 JoinMyJet shall be under no liability to any Member for any failure by JoinMyJet to perform its obligations under these Member Conditions arising from any reason beyond JoinMyJet's control, including force majeure which shall include but not be limited to labour disputes, strikes or lock-outs.
5.3 Members shall indemnify JoinMyJet and keep JoinMyJet indemnified against any claims, demands, liens, judgment, penalties, awards, remedies, debts, liabilities, damages, costs (including, but not limited to, legal costs) demanded or sought by any passenger traveling with the Member in connection with the operation of the Aircraft or Itinerary howsoever arising.
5.4 Members shall indemnify JoinMyJet and each other and keep JoinMyJet and each other indemnified against any claims, demands, liens, judgment, penalties, awards, remedies, debts, liabilities, damages, costs (including, but not limited to, legal costs) arising out of their conduct and/or non compliance with these Member Terms or the Operator's Terms, and where relevant, the conduct of other passengers traveling under their Booking Confirmation, during carriage on board an Aircraft. For the avoidance of doubt, such indemnity shall operate in respect of any claims brought against JoinMyJet by an Operator in respect of cancellation fees payable under the Operator's Terms.
5.5.1 Carriage performed under these Member Conditions shall be subject always to the Operator's Terms and Conditions of Carriage.
5.5.2 Where a booking is effected through an Authorised Agent, JoinMyJet shall have no liability whatsoever to a Member or prospective Member (as the case may be) arising out of or in any way connected with such Authorised Agent's failure to comply with these Member Conditions. In such circumstances a Member or prospective Member's sole recourse shall be against the Authorised Agent. For the avoidance of doubt, and by way of example only, the exclusion of liability under this clause 5.5.2. shall extend, without limitation, to loss and damage arising out of
i) cancellation of an Itinerary by JoinMyJet on account of Authorised Agent's failure to effect payment within the timeframes set out under these Member Conditions;
ii) Authorised Agent's failure to pass information (including Booking Confirmations and Itinerary changes) to a Member or prospective Member in a timely manner;
iii) errors in the data or information provided by Authorised agent to JoinMyJet.
6. PAYMENT TERMS
6.1 The following payment methods are accepted:
6.1.1 Bank transfer (Available for Charter Price only);
6.1.2 Debit or credit card payments;
6.1.3 Payments through other online payment systems as advertised on JoinMyJet’s website from time to time(please see the "Frequently Asked Questions" on the JoinMyJet website for further information);
6.2 All prices will be quoted in EUR as well as the relevant local currency and payments under the terms of these Member Terms will only be accepted in one of these currencies. Any additional currency exchange charges will be the responsibility of the payee.
6.3 If charges for payments with debit or credit cards will be applied, the applicable charge will be shown before the payment is processed.
6.4 Members paying by way of debit or credit card acknowledge that a transaction limit may apply. Where the total cost of a transaction exceeds the relevant card issuer, card processors or online payment systems transaction limit, a member of the JoinMyJet operations team will contact the Member to advise the best method for payment of the balance due.
6.5 No payment limits are applicable in respect of bank transfer or payments.
6.6 Funds paid by bank transfer and net of any fees due to JoinMyJet received by JoinMyJet in payment for flights and seats from Members will be paid directly into a client deposit account and held in trust until such time as the payment becomes due to flight Operators. Payment for flights will be made to the Operator from the client deposit account in sufficient time to clear the Operator’s account in full at least 24 hours prior to the last time of close of banking (during normal banking hours) before the flight departure time.
In the event of a Member cancelling their confirmed flight and where cancellation fees fall due as set out in the Operator’s Terms the Member funds which are held in the client deposit account will be used to settle any such cancellation fees before any balance of funds less the original JoinMyJet booking fee shall be returned to the Member.
6.7 In the event that JoinMyJet has an administrator, receiver, administrative receiver, trustee or any other person or entity appointed over a part or all of its assets or business such entities will have no claim over the funds held in the client deposit account which will be available solely for the payment of monies owed to the Operator.
7.1 These Member Conditions set out the entire agreement and understanding between the Parties as regards the charter of aircraft and purchase of aircraft seats as described herein. No Party has relied upon representations made to it by another Party, whether written or oral, except as is expressly contained in these Terms and Conditions.
7.2 No failure by JoinMyJet to exercise and no delay by JoinMyJet in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power of privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies provided by law.
7.3 Members shall not be entitled to assign their benefits under these Terms and Conditions.
7.4 These Member Conditions may not be varied except with the written agreement of JoinMyJet.
8. DISCLAIMER OF RESPONSIBILITY FOR DELAY/CANCELLATION, OTHER
8.1. JoinMyJet shall not be liable for any delay or failure to perform in connection with any flight, Service or in the performance of any obligation hereunder or for any unavailability if such delay, unavailability, inaccessibility or failure is due to or in any manner caused by acts of God, rebellion, riots, hijacking, insurrection, civil commotion, strikes or labor disputes, fires, floods, laws, regulations, acts, demands or orders of any government or agency, seizure of the aircraft under legal process, adverse weather conditions, inability to obtain fuel, aircraft damage or loss, lack of essential parts or supplies, mechanical problems, illness or incapacitation of crew members, denial of operating or landing approvals, clearances or permits by governmental authority, denial of service attack, any other attack on the systems of JoinMyJet or any other cause which is beyond the control of JoinMyJet. JoinMyJet is hereby released from any claim or demand for any direct or consequential damages arising out of failure to perform as a result of a force majeure event whether or not herein enumerated or other event referenced above.
8.1. If your conduct endangers the aircraft or any passenger or property while on board, or you obstruct or hinder the crew in the performance of their duties, or fail to comply with any instruction of the crew, including but not limited to, those with respect to smoking in any form, drugs, alcohol, or use of any threatening, abusive or insulting words towards the crew or any behavior which causes discomfort, inconvenience, damage or injury to the crew or other passengers on the flight, we may take such measures as we deem necessary to prevent continuation of such conduct including restraint. You may be disembarked and refused onward carriage at any point and may be prosecuted for offenses committed on board the aircraft. Further, in JoinMyJet’s discretion, your JoinMyJet membership privileges may be revoked permanently.
9. AIRCRAFT CONDITION
9.1. Members agree to reimburse JoinMyJet for any and all reasonable costs and expenses incurred as a result of damage to the aircraft interior and/or exterior which is caused by carelessness or neglect by you or any of your passengers. JoinMyJet may debit all flight expenses and other charges resulting from Members use of the Service, including costs of damage to aircraft caused by Members.
10.1. It is the sole responsibility of the Operator to maintain liability insurance coverage. JoinMyJet is not liable for any claims arising in connection with the services of the Operator.
11. REPRESENTATIONS AND WARRANTIES
11.1. By using the Service, you expressly represent and warrant that you are legally entitled to and have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. If you reside in a jurisdiction that restricts the use of the Service because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Service. Without limiting the foregoing, the Service is not available for use by children (persons under the age of 18) without adult supervision. By using the Service, you represent and warrant that you are at least 18 years old or will use the Service under adult supervision. Your participation in using the Service is exclusively for your sole, personal use. You may not authorize others to use your user status, and you may not assign or otherwise transfer your user account to any other person or entity. By using the Services, you expressly represent and warrant that you are not a (i) broker or professional buyer acting on behalf of an end client, either an individual or an entity, to charter an aircraft, (ii) travel agency, (iii) marketing agent selling aircraft charter(s) on behalf of aircraft operators, (iv) global distribution system (GDS’s), (v) online travel agent (OTA’s), or (vi) any other person or entity that sells travel to or facilitates travel for independent third parties. When using the Service you agree to comply with all applicable laws from your home nation and the country, state and city in which you are present while using the Service.
11.2. You may only access the Service using means expressly authorized by JoinMyJet. By using the Service, you agree that:
- You will only use the Service for lawful purposes; you will not use the Services for sending or storing any unlawful material or for fraudulent purposes.
- You will not use the Service to cause nuisance, annoyance or inconvenience.
- You will not impair the proper operation of the network.
- You will not harm or attempt to harm the Service in any way whatsoever.
- You will not copy, or distribute the Service or any content provided via the Service or as a result of your use of Services without written permission from JoinMyJet.
- You will only use the Service for your own use and will not resell it to a third party.
- You will keep secure the confidential information regarding your account, which allows access to the Service.
- You will provide us with whatever proof of identity we may reasonably request.
12. LICENSE GRANTED TO USER
12.1. JoinMyJet may, in our sole discretion, permit Members to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the Service, you hereby grant to JoinMyJet a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content only on, through or by means of the Service. JoinMyJet does not claim any ownership rights in any User Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit any User Content.
12.2. You acknowledge and agree that you are solely responsible for all User Content that you make available through the Service. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Service or you have all rights, licenses, consents and releases that are necessary to grant to JoinMyJet and to the rights in such User Content, as contemplated under this Agreement; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or JoinMyJet’s use of the User Content (or any portion thereof) on, through or by means of the Service will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
13. DISCLAIMER OF WARRANTIES
13.1. The Company makes no representation, warranty, nor guaranty as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the service. The company does not represent nor warrant that (A) the use of the service will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, application, system or data, (B) the service will meet your requirements or expectations, (C) any stored data will be accurate or reliable, (D) the quality of any products, services, information, or any other material purchased or obtained by you through the service will meet your requirements or expectations, (E) errors or defects in the service will be corrected, or (F) the service or the server(s) that make the service available are free of viruses or other harmful components. The service is provided to you strictly on an “as is” basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by the company. The company makes no representation, warranty, nor guaranty as to the reliability, safety, timeliness, quality, suitability or availability of any services, products or goods obtained by third parties through the use of the service. You acknowledge and agree that the entire risk arising out of your use of the service, and any third party services or products remain solely with you, to the maximum extent permitted by law.
14. COPYRIGHT POLICY
14.1. JoinMyJet respects copyright law and expects its users to do the same. It is JoinMyJet’s policy to terminate in appropriate circumstances Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
14.2. JoinMyJet and all derivatives thereof and combinations including JoinMyJet are trademarks belonging to JoinMyJet ApS and any misuse or use of the trademarks without the prior written consent constitute an infringement of JoinMyJet’s rights and will be prosecuted to the maximum extent of the law.
15. THIRD PARTY INTERACTIONS
15.1. During use of the Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through the Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. JoinMyJet and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third- party. JoinMyJet does not endorse any sites on the Internet that are linked through the Service, and in no event shall JoinMyJet or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers. JoinMyJet provides the Service to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and JoinMyJet disclaims any and all responsibility or liability arising from such agreements between you and the third party providers.
15.2. JoinMyJet may rely on third party advertising and marketing supplied through the Service and other mechanisms to subsidize the Service. By agreeing to these terms and conditions you agree to receive such advertising and marketing. If you do not want to receive such advertising you should notify us in writing. JoinMyJet may compile and release information regarding you and your use of the Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Service.
16. LAW AND JURISDICTION
16.1 These Member Conditions shall be governed by and construed in accordance with Danish law.
16.2 The courts of Denmark shall have exclusive jurisdiction to adjudicate any dispute which arises out of or in connection with these Member Terms, provided that JoinMyJet shall be entitled to take proceedings relating to these Member terms in any other jurisdiction.
JoinMyJet ("We") are committed to protecting and respecting your privacy.
This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
For the purpose of the Data Protection Act (the "Act"), the data controller is JoinMyJet.
INFORMATION WE MAY COLLECT FROM YOU
We may collect and process the following data about you:
Information that you provide by filling in forms on our site http://www.joinmyjet.com ("our site"). This includes information provided at the time of making an inquiry, registering to use our sit a booking or otherwise. We may receive information from your social network provider. For example when you sign in for our services using a social network account, we may receive your social network profile including your contact details, interests and contacts. We may also ask you for information when you report a problem with our site.
If you contact us, we may keep a record of that correspondence.
We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
For the avoidance of doubt JoinMyJet does not store any of your financial details including but not limited to credit or debit card numbers.
IP ADDRESSES AND COOKIES
We may collect information about your computer including, where available, your IP address, operating system and browser type, for system administration. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.
For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve our site and to deliver a better and more personalised service.
WHERE WE STORE YOUR PERSONAL DATA
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
USES MADE OF THE INFORMATION
We use information held about you in the following ways:
- To ensure that content from our site is presented in the most effective manner for you and for your computer.
- To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
- To carry out our obligations arising from any contracts entered into between you and us.
- To notify you about changes to our service.
DISCLOSURE OF YOUR INFORMATION
We may disclose your personal information to third parties:
- In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets, subject to their entering into appropriate confidentiality undertakings.
- If JoinMyJet or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us.
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
ACCESS TO INFORMATION
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of €15 to meet our costs in providing you with details of the information we hold about you.