1.1 In these Customer 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 Customer Conditions and the Operator's Terms, these Customer Conditions will prevail in so far as such conflict relates to the relationship between a Customer and Stratajet;
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 provision of an Itinerary;
'Booking Confirmation' means the confirmation provided by a Customer to confirming the preferred Charter Price, Itinerary and Aircraft;
'Confirmed Itinerary' means an Itinerary confirmed to a Customer by following receipt of a Booking Confirmation and applicable Charter Price;
'Charter Offer' means each electronic confirmation provided by Stratajet to Customer 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 Customer for the charter of an as confirmed in any Charter Offer;
'Charter Request' means any Itinerary requested by a Customer through Stratajet 'Itinerary' means the flight, series of flights (including any Positioning Flights) as determined by Stratajet or a Customer, as the case may be, and shall include places of departure, places of destination, any stopping points and any departure and arrival times;
'Conditions' shall mean these terms and conditions;
'Customer' means any person registered with Stratajet and so entitled to aircraft booking services provided through Stratajet;
'Operator' means an independent licensed air transport undertaking that is the operator of an Aircraft for any Confirmed Itinerary;
'Operator's Terms' means the terms pursuant to which an Aircraft is provided for Confirmed Itinerary which are referenced in any Charter Offer (and made available through Stratajet);
'Passenger' shall mean any person(s) whose seat has been booked and paid for a Customer through Stratajet;
'Positioning Flight' means the flight sector(s) forming part of an Confirmed on which a Customer or his passengers are not passengers on the Aircraft;
'Parties' means Stratajet and/or Customers, as the case may be;
'Stratajet' means Oxcis Aviation Limited (trading as Stratajet) of 29-35 Farringdon Road London EC1M 3JF.
2.1 Stratajet, acting as agent for its Customers, shall contact Operators in relation to Charter Requests.
2.2 Carriage performed pursuant to these Customer Conditions shall be subject to the Operator's Terms. Customers hereby acknowledge and accept that Stratajet shall have no liability whatsoever with respect to the operation of the Confirmed Itinerary or the Aircraft and that any claims arising out of the operation of the Confirmed Itinerary or Aircraft must be directed to the Operator.
2.3 Customers 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, including but not limited to luggage restrictions, the carriage of pets and behaviour onboard aircraft. In the event that a Customer fails to arrive in sufficient time in order to participate in a Confirmed Itinerary or is denied boarding on account of his failure to comply with the Operator's Terms, Stratajet shall be under no liability whatsoever to the Customer, nor shall it be under any obligation to make alternative travel arrangements for the Customer.
2.4 For the avoidance of doubt, Stratajet is not a 'contracting carrier' for the purposes of the Montreal Convention 1999.
2.5 Customers accept full responsibility for the conduct of all Passengers included on their Confirmed Itineraries. The Customer acknowledges that in respect of the contract of carriage by air of each Passenger it acts 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 Customer shall ensure that each of its Passengers receives proper notice of the carrier liability provisions and has received and agreed to the terms and conditions of carriage set out in the Operator's Terms incorporated into any Charter Offer prior to a Booking Confirmation being made.
Customers acknowledge that the maximum number, weight and dimensions for both carry on and hold baggage will be stipulated in the Operator's Terms. Customers further acknowledge that failure to comply with these requirements may result in the Operator refusing to carry their baggage on the Aircraft and that Stratajet assumes no liability whatsoever for such refusal.
2.7 Stratajet may in its absolute discretion revoke any Customer's Membership with immediate effect.
2.8 In the event that a Customer fails to take a flight or flights forming part of a Confirmed Itinerary the Customer shall not be entitled to any refund from Stratajet in respect of monies paid for the Confirmed Itinerary concerned, regardless of the reason for the failure to take the applicable flight(s).
3.1 A Customer must submit a Charter Request through the Stratajet website or by telephone (+44 (0) 203 397 4999), or such other telephone number notified by Stratajet to its Customers from time to time) or email (email@example.com, or such other email address notified by Stratajet to its Customers from time to time) for any required Itinerary. Stratajet shall promptly provide Charter Offers in response to Charter Requests received, which the Customer may accept by way of a Booking Confirmation.
3.2 Acceptance of the Charter Price is deemed to have occurred upon receipt by Stratajet of a Booking Confirmation and Stratajet shall, upon receipt of a Booking Confirmation and the Charter Price, issue the applicable Customer with a Confirmed Itinerary. If the Charter Price relating to any Booking Confirmation is not received by Stratajet, Stratajet may cancel such Booking Confirmation with immediate effect.
3.3 Any changes to a Confirmed Itinerary are subject to the Operator's Terms.
3.4 If upon receiving the Booking Confirmation and Charter Price, Stratajet receives notification from the relevant Operator that the Itinerary in the Booking Confirmation is no longer available, Stratajet will either offer (i) a full refund of the Charter Price or (ii) an alternative Charter Offer based on the original Charter Request received, which will include reference to any additional Charter Price due or to be refunded. A Confirmed Itinerary will only be generated once any additional Charter Price due has been received by Stratajet.
3.5 Following the issue of a Confirmed Itinerary under Clause 3.2 a Customer may not cancel a booking, notwithstanding any rights that may otherwise exist under the Operator's Terms.
3.6 Stratajet shall be entitled to cancel a Confirmed Itinerary in its absolute discretion prior to commencement. Where Stratajet elects to cancel a Confirmed Itinerary, any monies received from Customers will be reimbursed in full and subject always to the provisions of the Operator's Terms.
3.7 Customers accept that Stratajet has no liability for the operation any Aircraft pursuant to any Confirmed Itinerary and accept that any claims regarding the operation of the Aircraft pursuant to any Confirmed Itinerary must be directed to the Operator.
4.1 Stratajet shall be under no obligation to a Customer or any other Passenger on a flight forming part of a Confirmed Itinerary in respect of any variation to or cancellation of a Confirmed Itinerary by the Operator (regardless of the reason therefor) and each Customer hereby acknowledges to Stratajet that in any such event they shall only have recourse against the Operator.
4.2 Stratajet shall be under no liability to any Customer for any failure by Stratajet to perform its obligations under these Customer Conditions arising from any reason beyond Stratajet's control, including force majeure which shall include but not be limited to labour disputes, strikes or lock-outs.
4.3 Customers shall indemnify Stratajet and keep Stratajet 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 travelling with the Customer in connection with the operation of the Aircraft or Itinerary howsoever arising.
4.4 Customers shall indemnify Stratajet and keep Stratajet 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 Customer Conditions or the Operator's Terms during carriage on board an Aircraft.
4.5 Carriage performed under these Customer Conditions shall be subject always the Operator's Terms.
5.1 Stratajet's client deposit account details for receipt of any Charter Price will be confirmed to its Customers in writing at the time of confirmation of Membership.
5.2 In the event that Stratajet 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 Customers and/or Operators, as the case may be.
6.1 These Customer Conditions set out the entire agreement and understanding between the Parties as regards the charter of Aircraft 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 Customer Conditions.
6.2 No failure by Stratajet to exercise and no delay by Stratajet 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.
6.3 Customers shall not be entitled to assign their benefits under these Customer Conditions.
6.4 These Customer Conditions may not be varied except with the written agreement of Stratajet.
6.5 A person who is not a Party to any contract for the charter of an Aircraft made pursuant to these Customer Conditions shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.
7.1 These Customer conditions shall apply to all contracts for the charter of Aircraft by Customers as arranged by Stratajet acting as agent for Customers, as the case may be.
7.2 For the avoidance of doubt, these Customer Conditions do not constitute a contract for carriage by air. Carriage is always subject to the Conditions of Carriage of the Operator's terms.
7.3 Members accept that Stratajet 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.
7.4 Stratajet may at any time amend these Customer Conditions in its absolute discretion although existing bookings shall remain governed by these Customer Conditions at the time of booking.
8.1 These Customer Conditions shall be governed by and construed in accordance with English law.
8.2 The courts of England shall have exclusive jurisdiction to adjudicate any dispute which arises out of or in connection with these Customer Conditions, provided that Stratajet shall be entitled to take proceedings relating to these Customer Conditions in any other jurisdiction.