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VistaJet Direct Terms and Conditions Of Use

“App Ts&Cs” | Version 1.3 (July 2019)

PLEASE READ THESE APP TS&CS CAREFULLY BEFORE CLICKING THE “I ACCEPT” BUTTON, DOWNLOADING, ACCESSING, OR OTHERWISE USING THE VISTAJET APP.

BY CLICKING THE “I ACCEPT” BUTTON, DOWNLOADING, ACCESSING, OR OTHERWISE USING THE VISTAJET APP, YOU ARE KNOWINGLY AND VOLUNTARILY AGREEING TO BE BOUND BY THESE LEGALLY ENFORCEABLE TERMS AND CONDITIONS.

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, DO NOT CLICK ON THE “I ACCEPT” BUTTON AND DO NOT DOWNLOAD, ACCESS, OR OTHERWISE USE THE VISTAJET APP AND RELATED SERVICES.

General

  1. Definitions

    In these App TS&CS the following defined words, terms and expressions have the following meanings:

    1. “affiliate” means any company that is (i) the direct or indirect subsidiary or holding/parent company of VistaJet Online, or (ii) the direct or indirect subsidiary of the ultimate holding/parent company of VistaJet Online.
    2. “Authorised Bookers” means such persons that may be nominated from time to time by You in the manner specified by VistaJet Online who, in their capacity as Authorised Bookers, are permitted to undertake certain functions on Your behalf, including by utilising the VistaJet App. Such functions shall be detailed to You when nominating an Authorised Booker or otherwise as communicated to You by VistaJet Online through the VistaJet App or otherwise, which may change from time to time at VistaJet Online’s sole discretion, including the elimination of Authorised Bookers.
    3. “Device” means any computer, laptop, tablet, mobile telephone or electronic device onto which the VistaJet App has been downloaded and/or accessed.
    4. “Flight Credit” means the monies remitted to VistaJet Online by You from time to time and held by VistaJet Online or an affiliate, for the payment of the products purchased by You.
    5. “You” means the individual or corporation who subscribes to VistaJet Direct and has accepted these App TS&CS.
    6. “Operator” means such companies (a) holding an air operator certificate issued by the relevant national authority permitting them to deliver the air transportation services to You that are arranged through VistaJet Direct; and (b) who are approved from time to time by VistaJet Online as offering an appropriate standard of aircraft cabin layout and customer service.
    7. “VistaJet App” or “VistaJet Direct App” or “App” is the mobile application software and/or related websites, systems and platforms provided by VistaJet Online or an affiliate, including VistaJet.com, allowing You and Authorised Bookers to manage Flights, bookings and related services under VistaJet Direct.
    8. “VistaJet Direct” refers to the various commercial offerings offered from time-to-time at VistaJet Online’s sole discretion, which may be made available for You and any Authorised Booker to purchase through the VistaJet App and governed by these App TS&CS.
    9. “VistaJet International Limited” is an affiliate of VistaJet Online incorporated in England (6617647) with registered office at 51-52 Charles Street, London W1J 5EU; VistaJet International Limited processes credit card payments and reimbursements.
    10. “VistaJet Online” means VistaJet Online and Mobile Services Limited, a company incorporated in Malta with registered office at SkyParks Business Centre, Malta International Airport, Luqa LQA 4000, Malta, which acts as Your agent to arrange air transportation operated by a duly licensed Operator. VistaJet Online is an air charter broker. It acts solely as Your agent and is not an air carrier, is not holding itself out to the public as an air carrier and does not operate aircraft.
    11. “Flights” means the flight services and related commercial products as may be offered from time to time through the VistaJet App as part of VistaJet Direct, as detailed in clause 8.
  2. These App TS&CS apply to Your and any Authorised Booker’s use of:
    1. the VistaJet App, once You have downloaded and/or streamed and/or accessed a copy of the VistaJet App onto a Device;
    2. any and all of the services made available from time to time through the VistaJet App and/or made available as part of VistaJet Direct.
  3. By accepting the App TS&CS:
    1. You acknowledge that You have understood and agreed to the App TS&CS and have in particular consented to VistaJet Online acting in accordance with the VistaJet App and these App TS&CS, especially in relation to the handling of personal information.
    2. You designate, constitute and appoint VistaJet Online as Your true and lawful agent and attorney-in-fact for the purposes of arranging air transportation on the aircraft operated by the relevant Operator. VistaJet Online may exercise this power of attorney to execute on Your behalf any documents necessary to obtain such air transportation services (and certain ancillary services related thereto) on Your behalf, and You declare that any act lawfully done hereunder by VistaJet Online on Your behalf shall be effective, valid and binding on You as if the same had been signed, sealed and delivered or done by You. VistaJet Online’s appointment as Your agent and attorney-in-fact, and all of VistaJet Online’s rights and powers hereunder, shall be deemed coupled with an interest, are irrevocable and shall remain in effect until VistaJet Online’s obligation to arrange for air transportation services has terminated.
    3. You acknowledge that the VistaJet App is solely a technology platform that can be shut down, changed, or modified at any time in VistaJet Online’s sole discretion, and that it confers no special benefits, rights, privileges to You other than as set forth in Section 4 below.
  4. VistaJet Online hereby grants You a worldwide, revocable, non-exclusive and royalty-free temporary permission to use the VistaJet App for the purposes of:
    1. Purchasing and managing Flights, organising bookings and related services (including passengers, catering, ground transportation and accommodation); and
    2. for such other or further purpose(s) as notified and made available to You by VistaJet Online from time to time.
  5. You will not, nor permit others to copy, modify, reverse engineer, decompile or (save as set out in clause 4 above) and as applicable to Authorized Bookers use the VistaJet App.
  6. You agree to be solely responsible for any network charges that You or any Authorised Booker may incur as a result of using the VistaJet App.
  7. VistaJet Online does not guarantee that the VistaJet App will be available at all times, as internet and network connectivity may not always be available or fully functional. VistaJet Online does not guarantee that Your or any Authorised Booker’s Device will successfully download the VistaJet App and updates thereto or allow the VistaJet App to fully function at all times.
  8. VistaJet App Offerings

  9. The VistaJet App may offer various flight services and related commercial products (“Flights”) and associated terms as part of VistaJet Direct, which may be amended or withdrawn from time-to-time at VistaJet’s sole discretion and without need for prior notice. This may include VistaJet Direct On Demand flights, One Way flights, and Empty Leg flights. For the avoidance of doubt, prices identified on the VistaJet App are inclusive of such additional costs and charges as are available for viewing on the VistaJet App, but are exclusive of any additional costs and charges for which You may be liable for either under these App TS&CS or the commercial terms entered into for the Flight.
    1. VistaJet Online is not responsible for any erroneous prices listed on the VistaJet App, which may be cancelled, amended, or otherwise modified at VistaJet Online’s sole discretion.
  10. You may select an advertised Flight by selecting the same and supplying VistaJet Online with any further information required by VistaJet Online or the Operator, as communicated through the VistaJet App (for example: required departure airport(s), available departure times or windows, required destination airports(s) and passenger numbers). VistaJet Online shall then confirm (through the VistaJet App and/or by email to You) whether such Flight remains available to purchase. Upon receipt of such confirmation from VistaJet Online, You may, through the VistaJet App, proceed to purchase such Flight by notifying VistaJet Online of the purchase through the VistaJet App and in the manner specified by VistaJet Online. Such purchase shall not be effective or binding unless and until VistaJet Online receives the total stated purchase price in cleared funds, which can include payment wholly or partly from the Flight Credit, for disbursement to the Operator on Your behalf. At any time prior to such receipt of payment in cleared funds, the Operator may (i) withdraw any advertised Flight, or (ii) amend the details of such advertised Flight.
  11. You may submit a request to VistaJet Online to arrange a Flight. Such request shall specify the requested aircraft type, flight routing, and departure and arrival times. Following receipt by You from VistaJet Online through the VistaJet App of confirmation that a requested Flight is available, You may proceed to purchase such flight in the manner specified by VistaJet Online (through the VistaJet App or otherwise). Such purchase shall not be effective or binding unless and until VistaJet Online receives the total stated purchase price in cleared funds, which can include payment wholly or partly from the Flight Credit, for disbursement to the Operator on Your behalf. At any time prior to such receipt of payment in cleared funds, the Operator may (i) withdraw such Flight, or (ii) amend the details of such Flight.
  12. Following the effective conclusion of a Flight purchase under clause 9 or clause 10, VistaJet Online will send a Flight Booking Confirmation to You by email and/or through the VistaJet App.
  13. You agree and acknowledge that the Flight costs and prices in clause 9 and clause 10 are not inclusive of: (a) costs of any additional services requested separately by You in relation to a specific Flight (“Additional Costs”) or (b) United Kingdom, French, Italian and other national air passenger duties and taxes in force from time to time, or (c) all such similar charges or fees. Additional Costs, duties and taxes will be communicated to You (through the VistaJet App or otherwise) prior to You committing to such Additional Costs. Additional Costs may, without limitation, relate to (i) catering requested by You in excess of the standard catering offering of the relevant Operator, (ii) in–flight wi-fi connectivity charges, (iii) de-icing and/or similar charges, and (iv) additional passengers notified after the Booking Confirmation is issued by VistaJet Online. You agree that a failure to agree to the costs relating to additional passengers so notified to You may result in the Operator refusing to carry such additional passengers.
  14. You agree and acknowledge that all Flights undertaken by the relevant Operator, as arranged by VistaJet Online through the VistaJet App are subject to (i) these App TS&CS, (ii) such further terms and conditions notified to you through the VistaJet App and (iii) the relevant Operator’s general terms and conditions of carriage (and, in particular, any applicable cancellation policy in any of the foregoing). These terms and conditions of carriage are made available to You through the VistaJet App prior to conclusion of a Flight purchase by You, and can be accessed by You after purchase of the Flight through the VistaJet App.
  15. You further agree and acknowledge that all Flights undertaken by an Operator will be subject to that Operator’s general terms and conditions of carriage, which will take precedence over any conflicting provisions of these App TS&CS; except that, in the event of any conflict between Clause 17 of these App TS&CS on the hand and any provision in the said Operator general terms and conditions of carriage on the other hand, Clause 17 these App TS&CS will take precedence.
  16. Following the issue of a Flight Booking Confirmation, You may (subject to the relevant Operator’s general terms and conditions of carriage) cancel the Flight to which such Flight Booking Confirmation relates, by notifying VistaJet Online through the VistaJet App or otherwise as detailed in the VistaJet App. You agree and acknowledge that any such cancellation may result in a cancellation charge for You as set out in the relevant Operator’s general terms and conditions of carriage and to You being charged for any Additional Costs incurred by VistaJet Online on Your behalf or on its own account.
  17. Following the issue of a Flight Booking Confirmation, VistaJet Online and/or the relevant Operator may cancel the Flight to which such Flight Booking Confirmation relates. You accept to pay any cancellation fees imposed by an Operator pursuant to its general terms and conditions of carriage. Subject to the preceding sentence, You shall be refunded, to Your Account, the purchase price or other costs relating to such cancelled Flight save where such cancellation is due to failure by You or any passenger to comply with these App TS&CS.
  18. You hereby represent, warrant, undertake and acknowledge that: (1) to the extent that any laws, statutes, regulations, and codes relating to anti-bribery, anti-corruption, anti-money laundering, terrorist financing, and unfair and prohibited business practices (including but not limited to, the UK Bribery Act 2010 and the US Foreign Corrupt Practices Act) (collectively referred to herein as the “Laws”) apply to any aspect of the relationship between VistaJet Online and You, You shall, in relation to the VistaJet App, comply with the Laws at all times; (2) any funds or monies paid to VistaJet Online and/or to VistaJet International Limited in connection with Your use of the VistaJet App shall not have been derived as proceeds of money laundering, terrorist financing and/or of any other illegal or criminal act or activity; (3) he/she/it is not a Designated Party (for purposes of these App TS&CS “Designated Party” means any person or entity that is designated in published lists issued by the U.S. government or the United Nations or the European Union as a Specially Designated National or a Designated Person, a terrorist, a foreign terrorist organization, an organization that assists or provides support to a foreign terrorist organization, a proliferator of weapons of mass destruction, a narcotics trafficker or any other similar designation that would prohibit VistaJet Online and/or the Operator from engaging in a transaction with that individual or entity under applicable law), or the subject or target of any economic or trade sanction law or regulation or travel ban; (4) no employee or director or owner or shareholder or parent company or affiliate or subsidiary of Yours, and no passenger transported on a flight arranged through VistaJet, is a Designated Party or the subject or target of any economic or trade sanction law or regulation or travel ban; (5) in the event that You or any employee or director or owner or shareholder or parent company or affiliate or subsidiary of Yours, or any passenger transported on a flight arranged through VistaJet, becomes a Designated Party or the subject or target of any economic or trade sanction law or regulation or travel ban, then You shall disclose such an event to VistaJet Online immediately; (6) baggage and cargo of You and that of all passengers carried on the aircraft of the relevant Operator shall not violate any applicable export control laws. Without prejudice to the generality of the foregoing, and specifically with respect to flights to Iran, You and all passengers carried on the aircraft operated by the relevant Operator shall not take onto the said aircraft or include in any baggage or cargo any: (i) arms or related materiel, including defense articles, defense services, or technical data that are controlled on the United States Munitions List (USML) established under section 38 of the Arms Export Control Act (22 U.S.C. § 2778), (ii) any item that is or would be, if located in the United States controlled by ECCNs OA-E521 or 600 series ECCNs, (iii) items used to facilitate the development or production of a chemical or biological weapon or other weapon of mass destruction and their means of delivery, including ballistic missiles, or (iv) items that would require separate authorization from the Office of Foreign Assets Control of the US Department of the Treasury under the Iranian Transactions and Sanctions Regulations (31 C.P.R. part 560) or from any other U.S. Government agency; (7) he/she/it shall comply with any and all economic and trade sanction laws and regulations which are applicable to him/her/it , including without limitation the economic and trade sanction laws and regulations enacted by the United States, the United Nations, and the European Union; (8) any and all information and documentation provided by him/her/it to VistaJet Online during VistaJet’s Online due diligence process are accurate and complete; (9) VistaJet Online and/or VistaJet International Limited may be legally bound to file reports to any competent authority concerning any breach by You, or by any passenger transported on a flight arranged through VistaJet, of any applicable economic or trade sanction laws or regulations or Laws; (10) VistaJet Online and/or VistaJet International Limited may be required by applicable economic or trade sanction laws or regulations or Laws to block or freeze funds received from You and which are within VistaJet’s Online and/or VistaJet’s International Limited possession or control. Such blocking or freezing of funds by VistaJet Online and/or VistaJet International Limited shall be affected without any liability to You. VistaJet Online and VistaJet International Limited may furthermore and without liability to You or to any person named in (4) above, deal with and remit such funds in such manner as prescribed by the applicable economic or trade sanction laws or regulations or Laws and/or as prescribed to VistaJet Online and/or VistaJet International Limited by the relevant authorities. (11) he/she/it will not engage in or facilitate any activity that would lead VistaJet Online or VistaJet International Limited or the relevant Operator to breach any economic or trade sanction law or regulation or travel ban; (12) without prejudice to the foregoing, and without liability to You or to any other person, a passenger may be refused carriage on the aircraft of the relevant Operator, or a flight that was purchased through the VistaJet App may not be operated if, in the sole and absolute judgement of VistaJet Online and/or the Operator, such carriage or the operation of such flight could result in violation of any Laws, law or regulation or economic or trade sanction law or travel ban; (13) without prejudice to the foregoing, and without liability to You or to any other person, a passenger may be refused carriage on the aircraft of the relevant Operator, if in the sole and absolute judgement of VistaJet Online and/or the Operator, such passenger has been convicted of a criminal offence related to human rights violations, terrorism, or to fraud, theft, bribery, corruption, money laundering, terrorist financing or other financial impropriety.
    1. In the event of a passenger being refused carriage pursuant to clause 17(12) or clause 17(13) above, VistaJet Online shall notify You of any such passenger so refused and You shall have the opportunity to substitute or withdraw such passenger for another passenger who, in VistaJet’s Online and the relevant Operator’s sole and absolute discretion, is eligible for traveling. Where You do not so substitute or withdraw such passenger so refused, then the Flight shall be cancelled by VistaJet Online and/or the relevant Operator and You shall not be refunded or reimbursed the purchase price or other costs relating to such cancelled Flight.
    2. You shall promptly provide to VistaJet Online any and all information and documentation reasonably requested by VistaJet Online at any time in order for VistaJet Online to be able to perform its due diligence and assessment processes and procedures to ensure that no person intended to be carried and no Flight intended to arranged by VistaJet Online and/or through the VistaJet App violates any law or regulation or economic or trade sanction law or travel ban; and, if so required by VistaJet Online at any time he/she/it shall certify to VistaJet Online in writing compliance with this contractual provision, and shall promptly provide such supporting evidence of compliance as VistaJet Online may reasonably request.
    3. You assume all liability and shall indemnify, reimburse, and hold free and harmless VistaJet Online and VistaJet International Limited, and their respective officers, affiliates, directors, shareholders, employees, agents, and subcontractors (each an “Indemnitee”), from and against any and all claims, demands, suits, judgments, losses, fines, penalties, damages, costs, liabilities and causes of action, including costs and expenses incidental thereto, incurred or suffered by any Indemnitee by reason of or in connection with a breach or deemed breach by You of any representation, warranty, undertaking or acknowledgment set forth in this Clause 17 above. This indemnity obligation will survive the termination, expiration, or cessation of the VistaJet App and/or any flight agreement entered into through the VistaJet App or arranged by VistaJet Online.
  19. Authorised Bookers

  20. Subject to clause 20, You are liable for all acts and omissions of any Authorised Booker in relation to the VistaJet App and any flights bookings and payments.
  21. VistaJet Online shall advise You, through the App and/or by email from time to time, the required procedure for You to nominate an Authorised Booker.
  22. You may from time to time notify VistaJet Online in writing (in the manner specified by VistaJet Online) to remove an individual as an Authorised Booker. You shall not be liable for the acts or omissions of such a person following receipt by VistaJet Online of such notification. VistaJet Online can remove or deny Authorised Bookers at any time at its sole discretion.
  23. Personal Data

  24. During the course of its relationship with You and any Authorised Brokers, VistaJet Online shall act as data controller in the collection and processing of Personal Data (‘Personal Data’ shall have the meaning assigned to it in VistaJet’s Privacy Policy published at https://www.vistajet.com/privacy-policy/) about You, Authorised Brokers, and passengers. The protection of Your, Authorised Brokers’, and passengers’ Personal Data is very important to VistaJet Online. VistaJet Online hereby commits that Your, Authorised Brokers’ and passengers’ Personal Data will be held and processed by it in compliance with applicable data protection laws and regulations, these App TS&CS, and the VistaJet Privacy Policy published at https://www.vistajet.com/privacy-policy/ which is incorporated herein by reference. You hereby accept that Your, the Authorised Brokers’, and passengers’ Personal Data be held and processed by VistaJet Online in compliance with applicable data protection laws and regulations, these App TS&CS, and the aforementioned VistaJet Privacy Policy.
  25. By submitting Personal Data to VistaJet Online about any natural person, You and Authorised Brokers hereby confirm that: (i) they have been appointed to act for such persons; (ii) such persons consent to the processing of their Personal Data in accordance with the terms of these App TS&CS; and, (iii) You and Authorised Brokers will inform such persons of VistaJet Online’s identity, these App TS&CS, and the VistaJet Privacy Policy, including the sections regarding types of personal data collected, how it is used, and who it is shared with.
  26. VistaJet Online may require You and any Authorised Booker to use password or other means to allow access to the VistaJet App. It is Your responsibility to ensure the confidentiality of such password and of information stored by the VistaJet App and/or VistaJet Online. VistaJet Online shall not be liable for any loss or damage arising from any failure by You or Authoriser Booker to safeguard such password and information. You should immediately notify VistaJet of any actual or suspected breach of confidentiality and of any other unauthorised use of such password or information.
  27. Payments

  28. Payments by and reimbursements to You under or pursuant to VistaJet Direct and these App TS&CS utilising a credit or debit card shall be processed by VistaJet International Limited as agent for VistaJet Online.
  29. Payments and settlements of sums due from time to time under VistaJet Direct and these App TS&CS may be made (i) utilising a credit or debit card (including by way of a credit or debit card block), or (ii) by way of a wire transfer to the bank account notified by VistaJet Online to You from time to time, or (iii) by VistaJet Online debiting Your Flight Credit.
  30. You agree and acknowledge that payments by credit or debit card (including by way of a credit or debit card block) may incur a payment processing fee which fee shall be notified to and borne by You.
  31. You further agree and acknowledge that where payment for a Flight is to be made by way of wire transfer to VistaJet Online, such wire transfer must be received by VistaJet Online at least seventy two (72) hours prior to the requested departure time. Payment for such Flights within less than seventy two (72) hours of the requested departure time must be made (i) by credit or debit card (including by way of a credit or debit card block) or (ii) by VistaJet Online debiting Your Flight Credit for the total cost of the requested Flight plus any Additional Costs requested under clause 12 and any applicable duties and taxes under clause 12. Where payment under (i) above by credit or debit card (including by way of credit card block) is not received by VistaJet Online within thirty six (36) hours prior to the requested departure time, the Operator may (for the avoidance of doubt and without prejudice to its rights under clauses 9 and 10) withdraw the Flight or amend its details (as advertised or as otherwise communicated to You).
  32. You agree and acknowledge that any reimbursements due to You pursuant to these App TS&CS may be made by VistaJet Online by way of credit or debit card reimbursement or wire transfer to Your originating bank account from which funds were originally received, at VistaJet Online’s sole option.
  33. General

  34. Any services purchased by You through the VistaJet App may not be re-sold to any third party. At no time shall You purchase or arrange for any services though the VistaJet App and or VistaJet Online as agent, broker, or sub-contractor for any third party.
  35. All information submitted by You or on Your behalf of must not be intentionally or negligently false, inaccurate or misleading.
  36. VistaJet Online may suspend, withdraw or terminate, with immediate effect, without need of judicial recourse, and without liability for compensation or damages (whether direct and/or indirect) of any type or nature in favour of You, Your use of the VistaJet App.
  37. Termination, suspension or withdrawal under clause 31 shall cause any Flight purchased under VistaJet Direct to lapse, save for Flight(s) for which a Flight Booking Confirmation has been issued under clause 11. These App TS&CS shall continue to apply to any Flight(s) for which a Flight Booking Confirmation has been issued prior to such termination and, for such Flight(s) You shall remit on demand from VistaJet Online a payment sufficient to cover the anticipated Additional Costs.
  38. VistaJet Online’s and its affiliates’ liability for any breach of these App TS&CS (and of any document or agreement referred to herein) relating to the provision of Flights, whether to You, to any Authorised Booker and/or to any passenger transported pursuant to these App TS&CS, is limited to the purchase price of the Flight under which You and/or any such passenger were transported.
  39. Limitations of Liability

    TO THE MAXIMUM EXTENT ALLOWED UNDER LAW, UNDER NO CIRCUMSTANCES SHALL VISTAJET ONLINE OR ITS AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTIAL, CONSEQUENTIAL, SPECIAL, LIQUIDATED, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE APPLICATION, RELATED SERVICES, AND ANY THIRD PARTY CONTENT AND SERVICES, WHETHER OR NOT THE DAMAGES WERE FORSEEABLE AND WHETHER OR NOT VISTAJET ONLINE WAS ADISED OF THE POSSIBILITY OF SUCH DAMAGES.

  40. Except as provided for Authorised Bookers under these App TS&CS, You may not assign or sub-contract any of its rights or obligations under these App TS&CS to any third party unless VistaJet Online agrees in writing. VistaJet Online may assign, transfer or sub-contract any of its rights or obligations under these App TS&CS to any third party at its discretion, including any affiliate of VistaJet Online.
  41. No relaxation or delay by VistaJet Online in exercising any right or remedy under these App TS&CS operates as a waiver of that right or remedy or affects VistaJet Online’s ability to subsequently exercise that right or remedy. Any waiver must be agreed by VistaJet in writing.
  42. If the wording of any of these App TS&CS (and/or of any wording of any document referred to in these App TS&CS) are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these App TS&CS (and/or of any wording of any document referred to in these App TS&CS) shall remain in full force and effect.
  43. Only You, VistaJet Online and VistaJet International Limited are entitled to enforce these App TS&CS. No third party shall be entitled to enforce any of these App TS&CS, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
  44. These App TS&CS and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to these App TS&CS (including any non-contractual dispute or claim) shall be governed by and construed in accordance with English law.
  45. The English courts located in London shall have exclusive jurisdiction to determine any dispute arising in connection with these App TS&CS, save that VistaJet Online shall retain the right to bring proceedings against You in the courts of any other competent jurisdiction whether or not proceedings in the English Courts are pending or have been prosecuted to judgment.
  46. Clauses 35, 40 and 41 are without prejudice to any applicable law (including the Warsaw Convention or the Montreal Convention) which may apply to You carriage and/or to that of any passenger transported pursuant to these App TS&CS.
  47. No Warranty

    YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE VISTAJET APP AND RELATED SERVICES AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE VISTAJET APP AND ANY SERVICES PERFORMED OR PROVIDED BY OR THROUGH THE VISTAJET APP ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE VISTAJET APP AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. VISTAJET ONLINE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE VISTAJET APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE VISTAJET APP OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE VISTAJET APP OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE VISTAJET APP OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

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