TERMS AND CONDITIONS OF SERVICE CATCH-A-JET B.V.
Through its platform, Catch-a-Jet B.V. brings travelers who want to fly with a private jet and operators of such jets. Catch-a-Jet B.V. solely provides online flight search services to its users and, if the user decides to book a flight, intermediary services. Through Catch-a-Jet B.V. services, the user enters a direct contractual relationship with the broker or operator of the flight. The flight is provided by that broker or operator and is subject to the broker or operator’s terms and conditions.
1. General
In these terms and conditions of service, the following expressions shall have the following meanings:
Catch-a-Jet B.V., a limited liability company incorporated under the laws of the Netherlands, having its registered address at 8162 PV, Veldkampweg 6 in Epe, The Netherlands, registered with the Trade Register of the Dutch Chamber of Commerce under number 83391401;
Platform: the (mobile) website and app, owned and controlled by Catch-a-Jet B.V., on which the Service is made available to the User;
Operator: (independent) operator that holds a valid Air Operations Certificate and that offers Flights to Users through the Platform by itself or through a Broker;
Broker: (independent) broker that acts as an intermediary between User and an Operator;
Offer: the price quoted for a Flight;
Flight: the flight to be carried out on the chosen itinerary;
Flight Data: information about a Flight, including the Offer and the type of aircraft, displayed on the Platform;
Services: the online search, booking and payment services concerning Flights, offered by Catch-a-Jet B.V. through the Platform;
User: the person using the Platform to find, book and pay for a Flight;
Booking: the booking and payment of a Flight by User.
1.1 These general terms and conditions shall apply to the Services and the access and use of the Platform by the User.
1.2 By accessing and using the Platform and/or the Services, the User acknowledges and agrees to have read, understood, and agreed to these terms and conditions.
1.3 Catch-a-Jet B.V. has the right to amend these terms and conditions, at any time and Catch-a-Jet B.V. discretion. Whenever Catch-a-Jet B.V. has amended these terms and conditions, it will inform the User by showing the amended terms and conditions on its Platform. Thereafter, the User shall only be able to access and use The Services and Platform after actively agreeing to the applicability of the amended terms and conditions.
2. Access to and use of the Services and Platform
2.1 The User is granted a non-exclusive and non-transferable license to download, access and use the Services and the Platform.
2.2 Access to and use of the Platform is free of charge for the User.
2.3 The User may access and use the Services and the Platform for personal, non-commercial purposes only.
2.4 Catch-a-Jet B.V. always has the right to put the Platform out of operation temporarily for maintenance or the implementation of changes or updates.
2.5 User agrees:
I) Not to sell, transfer, rent, lease or sub-license the Services and/or the Platform to any third party;
II) Not to alter or modify the Platform or to reverse engineer, disassemble, decompile or attempt to derive source code from any software contained in or available via the Platform; and/or
III) Not to prepare derivative works from the Platform.
3. Services
3.1 Catch-a-Jet B.V. solely provides the Services to the User, which facilitates the User to make Bookings. Catch-a-Jet B.V. does not offer and provide Flights, as Catch-a-Jet B.V. is not a travel agent, an operator or an airline.
3.2 If and when the User decides to book a Flight through the Platform, an agreement for the provision of intermediary services between the User and Catch-a-Jet B.V. is concluded. These services are free of charge for the User. The Operator, or the Broker when the Flight is offered through a Broker, shall however be obliged to pay Catch-a-Jet B.V. a commission, each time a User books a Flight with the Operator through the Platform.
4. Offers: prices and other flight information
4.1 Offers are made by the Operators, or Broker when the Flight was offered by the Broker. Operators set their prices for the aircraft they have available and which the Operators, or Broker when the Flight was offered by the Broker, would like to offer to the User. Catch-a-Jet B.V. and the Broker do not influence Offers whatsoever.
4.2 Catch-a-Jet B.V. is explicitly not responsible for providing, setting or controlling Flight Data. All Flight Data is provided by the Operator or Broker when the Flight was offered by the Broker. The Operator, or the Broker when the Flight is offered through a Broker, has the sole responsibility for ensuring that all disclosed Flight Data is correct and – if necessary – to update that Flight Data if rates, availability and/or other conditions have changed.
4.3 By enforcing Flight Data accuracy obligations to the Operator and the Broker, Catch-a-Jet B.V. does its best to ensure that the Flight Data disclosed is always correct. However, Catch-a-Jet B.V. is never obliged to and will not verify if the Flight Data is accurate, reliable, complete or correct.
4.4 Offers always show the total price to be paid by the User to the Operator or, when the Flight is offered by the Broker, the Broker. Therefore, the prices include applicable taxes, levies, fees, and normal operational costs (such as fuel and crew accommodation, handling agent fees, landing fees, and the like). The cost to de-ice the aircraft is not included in the total price. Additional costs like domestic taxes can be applied and are not included in the total price. If the User wishes to receive special additional services (such as assistance for passengers with reduced mobility and/or catering), the costs for these services must be paid directly to the Operator or the Broker.
5. Bookings and Flights
5.1 A Booking is made with the Operator, or, when the Flight is offered by the Broker, the Broker. Therefore, when Booking a Flight, the User enters a direct contractual relationship with that Operator or Broker. The Flight is provided by and subject to the terms and conditions of that Operator, or, when the Flight is offered by the Broker, the Broker. The terms and conditions of the Operator or Broker – together with all relevant information about the Operator or Broker – are accessible through the Platform before making a Booking. By completing the Booking, the User agrees with the applicability of the Operator’s terms and conditions, or, when the Flight is offered by the Broker, the applicability of the Broker’s terms and conditions.
5.2 Catch-a-Jet B.V. collects the amounts owed by the User to the Operator or Broker on behalf of the Operator or Broker, through secure third-party payment processors. Each payment made by the User through the Platform, making use of such a secure third-party payment processor, will therefore be transferred to Catch-a-Jet B.V. first, after which Catch-a-Jet B.V. will transfer the amount paid (minus the commission that is owed by the Operator to Catch-a-Jet B.V. for that Booking and minus the cost for the third-party payment processor) to the Operator, or the Broker when the Flight was offered by the Broker. The payment made by the User will constitute a (partial) fulfillment of its payment obligation under the agreement with the Operator or Broker.
5.3 After making a Booking, the Operator, or Broker when the Flight was offered by the Broker, will send the User an email with the confirmation of the Booking, all travel requirements, and all other information the Operator or Broker is obliged to disclose to the User according to (European) statutory law. The Operator or Broker shall also request the User to send all required travel documents and/or passport details for all passengers. The User will receive an email from Catch-a-Jet B.V. as well, to confirm on its behalf that the Platform has been used by the User to make a Booking. Besides sending this email, Catch-a-Jet B.V. will have no contact with the User regarding the (operation of the) Flight.
5.4 Catch-a-Jet B.V. is not responsible for the fulfillment of the obligations under the agreement between the Operator and the User in any way. Catch-a-Jet B.V. is also not responsible for (the offering of) a substitute Flight in the event the Operator is not able to carry out the Booking, for any reason (including but not limited to in the event of bankruptcy of the Operator). The User must contact the Operator in case of complaints, problems, issues or the like.
5.5 The Operator might reserve the right to substitute the aircraft for an aircraft of similar or less capacity in the event the aircraft becomes unavailable or unserviceable. This right and the rights the User has in this regard should be described in the Operator’s, or Broker when the Flight was offered by the Broker, terms and conditions. In any event, the Operator, or Broker when the Flight was offered by the Broker, has a best-efforts obligation to substitute the aircraft with a similar type of aircraft and to maintain the services contracted for. The User shall be informed by the Operator, or Broker when the Flight was offered by the Broker, of any such change before departure with as much notice as possible. The User will in no event be charged for additional costs due to the substitution of the aircraft unless agreed beforehand.
5.6 The Operator, or Broker when the Flight was offered by the Broker, might reserve the right to change the date and/or time of departure in certain situations. This right and rights the User has in this regard should be described in the Operator’s, or Broker when the Flight was offered by the Broker, terms and conditions. The User shall be informed by the Operator, or Broker when the Flight was offered by the Broker, of any such change before departure with as much notice as possible. In the event the Operator, or Broker when the Flight was offered by the Broker, changes the date of departure or date of arrival, the User shall have the right to cancel the Booking and to receive a full refund. As the User’s contractual counterparty, the Operator, or Broker when the Flight was offered by the Broker, is solely responsible for repaying the amount paid by the User.
5.7 The Operator has the right to cancel the Flight due to technical deficiencies and/or significant weather preventing the Flight from being completed safely within the operational approvals and aircraft limits. As the User’s contractual counterparty, the Operator, or Broker when the Flight was offered by the Broker, is solely responsible for repaying the amount paid by the User.
5.8 The Operator might also reserve the right to cancel an Empty Leg Flight due to the cancellation of the preceding/following chartered flights. In such an event, the Operator is obliged to reimburse the User the total price paid for the Flight.
6. No guarantees for Flight Data accuracy and availability of the Platform
6.1 The Services and the Platform are provided on an “as is” basis. The use of the Services and the Platform is entirely at risk of the User.
6.2 Catch-a-Jet B.V. only provides access to the Flight Data. As the Flight Data is disclosed exclusively by third parties (Operators), Catch-a-Jet B.V. does not guarantee accuracy, reliability, completeness and correctness.
6.3 Catch-a-Jet B.V. does not guarantee that the Platform:
I) Will be always available or will operate without interruptions;
II) Will be free from errors and defects; and
III) Will be secure and free from viruses or malware.
6.4 Catch-a-Jet B.V. will make every effort possible to resolve and correct any problem that has arisen and that prevents the User from accessing and using the Services and Platform as soon as possible.
7. Limitation of liability and indemnification
7.1 Since the User concludes an agreement with the Operator, or Broker when the Flight was offered by the Broker, directly and the Operator, or Broker when the Flight was offered by the Broker, therefore is responsible for carrying out the Flight, Catch-a-Jet B.V. is not liable for any damages and costs of the User resulting from any act or omission of an Operator, or Broker when the Flight was offered by the Broker, and/or third parties assigned by the Operator to carry out the Flight or certain services before, during or after the Flight.
7.2 The User indemnifies and holds Catch-a-Jet B.V. harmless against claims of the Operator and/or any third party who states that it has suffered damages because of acts and/or omissions of the User or any of its fellow passengers before, during and/or after the Flight, for which acts and/or omissions the User and/or its fellow passengers are liable.
7.3 Catch-a-Jet B.V. is not liable for damages and costs because of:
I) Inaccuracies or omissions in the Flight Data and/or other (advertorial) content from third parties displayed on the Platform;
II) The inability to access or use the Services or the Platform and
III) Force majeure situations occurring on the Catch-a-Jet B.V. part as well as on the Operator’s part.
7.4 In any event, Catch-a-Jet B.V. liability arising out of or in connection with the access to and the use of the Services and Platform (free of charge) shall be limited to an amount of EUR 500,- (five hundred euros).
8. Intellectual property rights
8.1 All intellectual property rights and/or comparable rights to (the content of) the Platform, including the underlying software, functionalities, texts, graphics, logos, images and sounds, are vested in Catch-a-Jet B.V. and/or Catch-a-Jet B.V. licensors. Nothing in these terms and conditions extends to the full or partial transfer of such rights to the User.
9. Privacy
9.1 When using the Services and the Platform, Catch-a-Jet B.V. might process personal data. When processing personal data, Catch-a-Jet B.V. acts according to the General Data Protection Regulation and its privacy policy. This privacy policy is included in the Catch-a-Jet B.V. privacy statement, which can be consulted in the Catch-a-Jet B.V. APP.
10. Applicable law and dispute resolution
10.1 The legal relationship between Catch-a-Jet B.V. and the User shall be governed by and construed by the laws of the Netherlands.
10.2 Disputes between Catch-a-Jet B.V. and the User shall exclusively be submitted to the competent court in Utrecht, the Netherlands.
10.3 In the event the User is domiciled outside the European Economic Area, Catch-a-Jet B.V. may at its sole discretion submit disputes to arbitration by the Arbitration Rules of the Netherlands Arbitration Institute. The arbitral tribunal shall be composed of one arbitrator. The arbitral tribunal shall be appointed according to the list procedure. The place of arbitration shall be Utrecht, the Netherlands. The proceedings shall be conducted in the Dutch language.