Your use of the Private Dining Portal (“Portal”) is subject to acceptance of these Portal Terms and Conditions, which supplement the terms and conditions of the VistaJet website at www.vistajet.com (“Website”), including, but not limited to, the Terms of Use, Privacy, and Cookies policy (collectively, the “PD T&Cs”). These PD T&Cs are a legally binding agreement between you, whether personally or on behalf of a third party, and the VistaJet Group of companies (“VistaJet”), which includes the counterparty to the Commercial Contract (e.g., VistaJet Limited or VistaJet US Inc) with the Customer of whom you are the Authorized Representative (as each capitalized term is defined below). If you do not agree to any of the PD T&Cs, please cease use of both the Portal and the Website immediately, and do not submit a Private Dining request. “You” and “your” as used herein means the individual using the Portal and who has accepted these PD T&Cs.
Continued use of the Portal and website, as with acceptance of these PD T&Cs upon checkout, constitute your knowing and voluntary acceptance.
This Portal permits authorized representatives of a VistaJet customer, which may include, but is in no way limited to, a Program Member or On Demand client (the “Customer”), to request catering for a scheduled flight (“Flight”).
You agree and acknowledge that you are an “Authorized Representative” of the Customer with the authority to bind the Customer to these PD T&Cs and make binding elections on behalf of the Customer, including the right to incur supplemental private dining costs, which may be reflected on the checkout screen as requiring additional invoicing (“Supplemental Costs”). You further agree and acknowledge that any submission on this Portal shall constitute the binding election of the Customer.
If you are not Authorized Representative, please cease use of both the Portal and the website immediately, and do not submit a Private Dining request.
For the avoidance of doubt, any Private Dining requests made through the Portal are subject to the terms and conditions of the underlying commercial agreement entered into between Customer and a VistaJet affiliate (“Commercial Contract”). Nothing in this Portal shall be deemed to modify any Commercial Contract, including, without limitation, a Program Agreement, a Flight Solutions Program or On Demand Booking Confirmation and associated terms and conditions. Without prejudice to the generality of the foregoing, nothing about your access to or use of the Portal shall entitle you and/or the Customer to any benefit, right, or guarantee beyond that found in the Commercial Contract. You specifically agree and acknowledge that the handling of costs, including Supplemental Costs, shall be undertaken pursuant to the terms of the Commercial Contract.
You agree and acknowledge that all summaries, images, descriptions, and designations on the Portal have been provided by third party vendors, and for this reason should be deemed representative and for illustrative purposes only, but neither binding nor authoritative. VistaJet disclaims any and all liability for their accuracy.
You agree to disclose any and all dietary restrictions to VistaJet when making a Private Dining request through the Portal, or if not available at such time, immediately upon discovery but in no event later than 24 hours prior to the scheduled departure time of the Flight.
Private Dining requests submitted through the Portal are not guaranteed. VistaJet reserves the right to modify, substitute, alter, amend, or cancel Private Dining requests at its sole discretion. For On Demand Customers, VistaJet further reserves the right to seek payment for Supplemental Costs prior to ordering.
For the avoidance of doubt, VistaJet may at any time, at its sole discretion, request Customer to provide Private Dining requests, including modifications to requests, directly by email and/or phone, and not through the Portal.
VistaJet reserves the right at its sole discretion, but not the obligation, to monitor the Portal, grant, withhold, and remove access to the Portal, disable all or part of the Portal temporarily or in perpetuity, and otherwise manage the Portal in a manner designed to protect VistaJet’s rights and property and to facilitate the proper functioning of the Portal. Provided, however, VistaJet shall not be liable for any technical errors, including administrative downtime.
VistaJet does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Portal, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and VistaJet will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or servies.
Except as otherwise provided by applicable law, in no even will VistaJet or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Portal, even if you have been advised of the possibility of such damages.
VistaJet 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/en/privacy-policy/) about you and the Customer. The protection of your and Customers’ Personal Data is very important to VistaJet. VistaJet hereby commits that your and Customers’ Personal Data will be held and processed by it in compliance with applicable data protection laws and regulations, these PD T&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 and Customers’ Personal Data be held and processed by VistaJet in compliance with applicable data protection laws and regulations, these PD T&Cs, and the aforementioned VistaJet Privacy Policy.
By submitting Personal Data to VistaJet about any natural person, you hereby confirm that:VistaJet may require You and any Customer to use password, dedicated link or other means to allow access to the Portal. It is Your responsibility to ensure the confidentiality of such password, link and/or of information stored by the Portal. VistaJet shall not be liable for any loss or damage arising from any failure by you to safeguard such password and information. You should immediately notify VistaJet of any actual or suspected breach of confidentiality and of any other unauthorized use of such password or information.
These PD T&Cs and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to the use of the Portal and these PD T&Cs (including any non-contractual dispute or claim) shall be governed by and construed in accordance with English law. For the avoidance of doubt, this does not include claims arising out of or in any way relating to the Commercial Agreement, which shall be governed by the terms therein. The English courts located in London shall have exclusive jurisdiction to determine any dispute arising in connection with these PD T&Cs, save that VistaJet shall retain the right to bring proceedings against you or the Customer in the courts of any other competent jurisdiction whether or not proceedings in the English Courts are pending or have been prosecuted to judgment.