Terms and Conditions
Last updated: November 24, 2017
These Terms and Conditions (the "Terms") govern your relationship with MyJet Ltd. through the use of www.myjet.com website and/or MyJet mobile application (the "Service") operated by MyJet Ltd. ("us", "we", or "our").
Please read these Terms carefully before using any form of our Service (i.e. website or mobile application).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may neither access nor use the Service.
We make the Service available to you with the purpose of enabling you to access any relevant information which may be provided by third parties and included in, displayed on or made available through the Service, in relation with the management and operation of aircraft, planning of flights, such as, without limitation, the reservation of flight related services, the management of airport landings and take-offs, and/or enabling you to contact, directly or indirectly, any third party to purchase their products and services related to and/or necessary for the planning of flights and the management and operation of aircraft.
We offer the Service and functionalities included in the Service, to the exclusion of any other services. In particular, we do not provide any kind of flight navigation or aircraft operational guidance or advice. The access and full benefit of the Service depend on the effective functioning of all devices necessary to access the Service, energy supply, internet access and phone connectivity, which are your sole responsibility.
If you wish to make a booking of a service or product provided by a third party through the Service (the "Booking"), you acknowledge that the Service functions as a search engine. We do not provide, own or control any of the third party services or products that you can access through the Service, such as passenger handling, provision of fuel, catering services, hangaring, etc. (the “Products and Services”). The Products and Services are owned, controlled or made available by third parties (the "Third Parties"), either directly or as an agent. The Third Parties are responsible for the Products. The Third Parties' terms and privacy policies apply to your Booking so you must agree to, and understand, those terms. Further, the terms of the actual provider of Products and Services apply to your Booking, so you must also agree to, and understand, those terms. Your interaction with any Third Parties accessed through the Service is at your own risk and we do not have any responsibility should anything go wrong with your Booking or during your travel.
If you make a Booking, that Booking is made with the Third Parties named on the reservation page and we only act as a user interface. We will generally provide you with the details of several Third Parties offering the requested Products and Services and you shall select which Third Party suits your needs. The display on the Service of a Third Party does not in any way imply, suggest, or constitute a recommendation by us, or any sponsorship or approval by us of such Third Party, or any affiliation between such Third Party and us.
Accordingly we do not assume any responsibility for the Booking or the Products and Services of the selected Third Party because we have no involvement in creating the description of such products or services, in defining the price thereof and/or in providing the Products and Services that you book. If you have any issue or dispute with regard to your Booking and/or the Products and Services, you agree to address and resolve these with the selected Third Party, and we will seek to provide you with reasonable assistance to resolve such dispute.
If you wish to purchase any product or service made available through the Service (the "Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchase.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction of any kind is suspected, without need for any further notice.
Availability, Errors and Inaccuracies
We are constantly updating our offerings of Products and Services on the Service. However, the Products or Services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other websites.
We do not guarantee the accuracy or completeness of any data, content or information, including without limitation prices, product images, specifications, availability of the Products and Services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
In order to use the Service, to access to any Products and Services on the Service and/or to make Purchases, you shall create an account with us.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of, and blocking of the access to, your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. You agree not to disclose your password to any third party and to take any appropriate security measures to prevent unauthorised access to your account. You must notify us immediately upon becoming aware of any breach (or suspicion of breach) of security or unauthorised use of or access to your account. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of, and blocking of the access to, your account on our Service. In response to such notice, we can take any measure we deem necessary in our sole discretion.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene.
All intellectual property rights of any kind pertaining to the Service and its original content, features and functionality are and will remain, at any time, the exclusive property of MyJet Ltd. and its licensors, as applicable. Such intellectual property rights are protected by all applicable laws of both Switzerland and foreign countries. You agree not to do anything inconsistent with that ownership, or to do anything that would threaten such ownership or to contest the ownership of such intellectual property rights. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent. We are allowed to take any measures we deem necessary in our sole discretion to protect our intellectual property rights, the Service and any related software.
Links to Other Websites
Our Service may contain links to third party websites or services that are not owned or controlled by us.
You acknowledge that we have no control over, and assume no responsibility whatsoever for, the content, completeness, accuracy, availability, timeliness, security, reliability, or the privacy policies or practices of any third party websites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or the reliance on any such data, information, content, products or services published or otherwise available on, and/or accessed or obtained through any such websites or services and/or for the intellectual property law compliance as well as for the legality and/or appropriateness of any such data, content or information.
We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.
Termination of Account
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease and the access to your account shall be blocked.
If you wish to terminate your account, you may simply discontinue using the Service by closing your account and you shall erase and destroy all copies, full or partial, of the Service that was downloaded and installed on a device under your control.
All provisions of these Terms which by their nature should apply beyond termination will remain in force after any termination.
Limitation of Liability
In no event shall we, nor our directors, employees, partners, agents, suppliers, or affiliates, be liable for any direct, indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, privacy, goodwill, personal injury or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any data or content obtained from or published or stored on the Service; (iv) unauthorised disclosure of information, images or any other data or content resulting from the use of the Service; (v) unauthorised access, use or alteration of your transmissions or content; and (vi) otherwise in connection with any provision under these Terms, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
You acknowledge and agree that your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis and you understand that it may contain errors. The Service is, to the fullest extent permitted under applicable law, provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Without limiting the foregoing, we, our subsidiaries, affiliates and our licensors do not warrant that a) the Service will function uninterrupted, be secure or available at any particular time or location; b) any errors or defects will be corrected; c) any information or data stored on or transmitted through the Service will not be lost, corrupted or destroyed; d) the Service is free of viruses, worms, trojan horses, bugs or other harmful components; e) the results of using the Service will meet your requirements or expectations; or f) the Service will be compatible with any device on which it is downloaded and installed or with any other already installed or to be installed software.
Any reference to the Service shall also include any part thereof.
You agree to indemnify and hold us and our parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim, loss, damages, penalty, cost, expenses or disbursements, or demand, including reasonable attorney's fees, of whatsoever kind and nature to the extent permitted by law, in any way relating to or due to or arising out of your: (a) download of, uninstallation of, access to or use of the Service; (b) violation of these Terms or any law or regulation; or (c) violation of any right of a third party.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
These Terms, together with the end-user license agreement that may be entered into between us in accordance with the terms thereof, constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Even if there is no obligation under these Terms for us to provide you with any prior written notice of any such changes, we will seek to provide you with such a notice within a reasonable period of time if a revision is material. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those changes become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service immediately and erase and destroy all copies, full or partial, of the Service that was downloaded and installed on a device under your control.
Any applicable notice or other document required to be given or made available (the "Notice") under these Terms will be in writing and delivered by e-mail. The receiving party will be deemed to have received such Notice upon delivery or transmission.
Notice to us must be sent to: firstname.lastname@example.org
By installing, downloading, activating or using a Service, you expressly consent and agree that we may send you all Notices electronically to your primary e-mail address provided in your account. Any Notices or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. It is therefore your responsibility to keep your primary email address up to date so that we can communicate with you electronically.
If we send a Notice to your primary e-mail address on file and your primary e-mail address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic communications, we will be deemed to have provided the Notice to you.
If electronic Notices sent to you by us are returned because of an invalid e-mail address, we may deem your account to be inactive, and you will not be able to transact any activity using your account until we receive a valid, working e-mail address from you.
If you want to change your e-mail address where we should send electronic Notices, you can either send an e-mail message to us at email@example.com or update your primary e-mail address at any time in your account.
Governing Law and Jurisdiction
These Terms shall be governed and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions.
The venue for any dispute relating to these Terms shall be the Commercial Court of Zurich, Switzerland. We may nevertheless bring claims in other courts of competent jurisdiction, including without limitation in the country in which you have your registered office or residence.
If you have any questions about these Terms, please contact us at the abovementioned email address.