Fly Nexis Ltd Terms & Conditions
Revised 10 November 2020
These Fly Nexis Ltd Terms and Conditions govern the services provided by Fly Nexis Ltd to You in respect of aircraft charter services organised by Fly Nexis Ltd on Your behalf.
As a condition of booking with Us, You will be required to confirm acceptance of these Fly Nexis Terms and Conditions.
The collection, processing, and use of personal data by Us are subject to the terms of Our privacy policy, available at www.flynexis.com
1. DEFINITIONS AND INTERPRETATION
1.1 Unless the context otherwise requires, in these Fly Nexis Terms and Conditions:
"Aircraft" means any aircraft for the time being operated by an Operator in respect of an Itinerary;
"Booking" means a booking made by You by means of the Website or by telephone or email and is the subject of a Booking Confirmation;
"Booking Confirmation" means the confirmation We provide to You confirming Your name, the Itinerary and Aircraft booked on Your behalf;
"Booking Request" means the Booking Request signed by You and submitted to Us confirming Your instructions to Us to book the Itinerary and Aircraft as specified therein;
"Charter Price" means the price payable by You to Us for the charter of an Aircraft in respect of an Itinerary, including Our remuneration. Unless We otherwise confirm in writing, the Charter Price shall not include (i) catering, other services (including any ground transport and transfers by air), (ii) any increase in costs after the date of the Booking Confirmation, including fuel, air passenger duty, security costs, aviation insurance premiums, airport charges or similar costs relating to the operation of the Aircraft or any part of the Itinerary, and de-icing, (iii) airfield fire category upgrades, weather-related or hangar costs, access to VIP lounges and terminals, fuel stops or out-of-normal-hours airport charges or (iv) (where applicable) VAT (or equivalent or similar taxes levied in jurisdictions other than the United Kingdom) which shall be payable by You;
"Claims" has the meaning provided in Clause 7.4;
"Conditions of Carriage" means the Operator’s standard terms and conditions or (as may be applicable) general conditions of carriage for passengers and baggage;
"Fly Nexis", "We", "Us" and "Our" refer to Fly Nexis Ltd registered in England and Wales with company no. [Insert Company Number] and whose registered office is at:
71-75 Shelton Street
Covent Garden
London
WC2H 9JQ;"Fly Nexis Parties" has the meaning provided in Clause 7.1;
"Empty Leg Charter" means a charter of an Aircraft for a flight that depends wholly on the operation of a separate charter flight for a third-party charterer;
"Itinerary" means the flight or series of flights booked by You through Us and shall include departure and arrival points, any intermediate stopping points and departure and arrival times;
"Operator" means the third-party independent licensed air transport undertaking that is the actual operator of an Aircraft in respect of the Itinerary as specified in the Booking Confirmation;
"Operator Contract" means the contract between You as principal and the Operator as principal under which the Aircraft is made available to You for the performance of the Itinerary, and shall include the Conditions of Carriage and any applicable rules and regulations of the Operator, and which We enter into on Your behalf as Your agent;
"Parties" means Us and You;
"Passenger" means any person other than cabin or flight crew being carried on an Aircraft at any stage of an Itinerary;
"Supplemental Invoice" means an invoice for any costs, charges or expenses which arise out of the performance of the Itinerary but which fall outside the scope of the Charter Price;
"You" and "Your" refer to the person making an enquiry of Us with a view to making a Booking and, upon a Booking being made, the person making such a Booking and named by Us in the Booking Confirmation; and
"Website" means the Fly Nexis website at www.flynexis.co.uk (or your actual website).
1.2 In these Fly Nexis Terms and Conditions:
1.2.1 except where the context requires otherwise, the masculine gender shall include the feminine and vice versa and the plural shall include the singular and vice versa;
1.2.2 headings are included for convenience only and shall not affect interpretation.
1.3 In so far as it may relate to the relationship between You and Us, if there is any conflict between these Fly Nexis Terms and Conditions and the Operator Contract, these Fly Nexis Terms and Conditions shall prevail.
2. FLY NEXIS AS BROKER
2.1 We agree to act as Your broker to arrange air charter services on Your behalf with one or more Operators.
2.2 You agree that:
2.2.1 in providing Our services to You, We act solely as Your agent and the intermediary between You and Operators in arranging aircraft charters;
2.2.2 We are not an air carrier, We do not own, operate or maintain aircraft, nor are We a common carrier;
2.2.3 our engagement by You under these Fly Nexis Terms and Conditions does not constitute a contract of carriage by air;
2.2.4 We are not a contracting carrier for the purposes of the Montreal Convention 1999;
2.2.5 all flights booked through Us are provided by Operators, with the contract of carriage in respect of such flights being entered into directly between an Operator and You (with Us acting as Your agent);
2.2.6 carriage shall at all times be subject to the Operator Contract the terms of which (save for the remuneration of the Operator) We shall make available to You on request;
2.2.7 You are of sufficient legal age and capacity to enter into legally binding agreements, including these Fly Nexis Terms and Conditions; and
2.2.8 You shall without delay draw these Fly Nexis Terms and Conditions to the attention of all Passengers.
3. BOOKING AND PAYMENT TERMS
3.1 When You submit an enquiry for an aircraft charter, or an Empty Leg Charter, We will use Our reasonable endeavours to quote an Itinerary and Charter Price accordingly.
3.2 Your acceptance of the Charter Price is deemed to occur upon the receipt by Us of a Booking Request submitted by You.
3.3 Payment of the Charter Price (and any applicable VAT) shall be made by You as follows:
3.3.1 where the Itinerary commences within 30 days of the Booking Request, 100% (one hundred percent) of the Charter Price; or
3.3.2 as a deposit, 30% (thirty percent) of the Charter Price or any such higher amount as may be dictated by the requirements of the relevant Operator, where the Itinerary commences more than 30 days after the Booking Request; the balance of the total Charter Price must be paid no later than 30 (thirty) days prior to the commencement of the Itinerary, failing which We may (in Our absolute discretion) cancel the Booking and refund any deposit received less a service charge We make equivalent to 7.5% of the Charter Price and less any cancellation fees due to the Operator in accordance with the Operator Contract.
3.4 Subject to the continued availability of the Aircraft, following receipt of the Booking Request pursuant to Clause 3.2, We will issue You with a Booking Confirmation.
3.5 If You cancel Your Booking, We match Our cancellation terms with those of the Operator, as advised by Us at the time of Booking, plus a service fee of 7.5% of the Charter Price. Cancellation charges are payable by You on demand.
3.6 We cannot guarantee the operation of an Empty Leg Charter. If the separate charter service giving rise to the empty leg is cancelled or for any other reason is not operated, the Empty Leg Charter will also be cancelled. In such circumstances We will endeavour to inform You of such cancellation without delay, and You will be entitled to a full refund of all funds paid to Us for the Empty Leg Charter.
3.7 If an Operator informs us of changes to an Itinerary (including the departure time(s)), We shall endeavour to inform You of such changes. If You request any change(s) to the Itinerary or other arrangements set out in the Booking Confirmation, including but not limited to the addition of Passengers or amendments to scheduled departure time(s), and such changes can be accommodated, additional charges may be payable. You must pay any such additional charges on demand, failing which no such changes will be permitted.
3.8 We may issue a Supplemental Invoice following completion of the Itinerary, which shall be settled on demand by You.
4. ADMINISTRATION
4.1 You and any Passengers shall be solely responsible for arriving at the specified check-in point at the departure airport by the time specified in the Booking Confirmation as required by the Operator. All Passengers must comply with any and all rules of the Operator regarding baggage restrictions, the carriage of animals and conduct on board the Aircraft. We shall be under no liability whatsoever, nor shall We be under any obligation, to make alternative travel arrangements for You and any Passengers in the event of any disruption to the Itinerary resulting from any failure to comply with such rules. If We do in Our discretion decide to assist You in making alternative travel arrangements, all costs incurred by Us in doing so shall be payable by You on demand.
4.2 You must provide Us with all necessary information and assistance, including the identity of all Passengers, when We request it so that the Operator can issue any necessary traffic documents and complete arrangements for the performance of the Itinerary.
4.3 You and any Passengers are responsible for obtaining all necessary travel documents and visas (including, if applicable, pet passports) and for complying with all applicable customs, police, public health, immigration and other lawful regulation, laws, orders, demands, instructions and travel requirements in countries of departure, arrival or transit. All travel documents (including, if applicable, pet passports) shall be presented by You and/or Passengers to the Operator’s representatives and/or any relevant authorities upon request.
5. WARRANTIES
5.1 We warrant that We will use reasonable skill and care in arranging Your Booking, and any additional services, subject to these Terms and Conditions.
5.2 We make no warranty, either express or implied, that the Aircraft shall be suitable for Your purposes or that the Itinerary will be uninterrupted or free from delay, cancellation, diversion or substitution.
6. LIMITATION OF LIABILITY AND INDEMNITY
6.1 We accept no liability for death, injury, damage, loss, delay, additional expenses or inconvenience caused by:
6.1.1 the Operator’s acts or omissions, including breach of contract or negligence;
6.1.2 any failure of the Aircraft or any part of the Itinerary;
6.1.3 any acts of God, force majeure, or any other event beyond Our reasonable control; or
6.1.4 any delay, cancellation, diversion or substitution of Aircraft or Itinerary.
6.2 You agree to indemnify and hold harmless Us, Our directors, officers, employees, agents, affiliates and subcontractors from and against any and all claims, losses, damages, costs or expenses (including legal fees) arising from or relating to Your breach of these Terms and Conditions or Your use of Our services, except where caused by Our negligence or wilful misconduct.
7. CLAIMS AND COMPLAINTS
7.1 You must immediately notify Us of any incident which You believe gives rise to a claim, including any personal injury, damage or loss.
7.2 All claims must be made in writing to Us within 14 days of the date of the incident.
7.3 We shall use reasonable endeavours to investigate any claim and keep You informed of the progress.
7.4 Nothing in these Fly Nexis Terms and Conditions shall limit or exclude any liability which cannot be limited or excluded by law. The term “Claims” means any and all claims, demands, proceedings, actions, damages, costs, losses, expenses, and liabilities whatsoever.
8. GOVERNING LAW AND JURISDICTION
8.1 These Fly Nexis Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales.
8.2 The Parties agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Fly Nexis Terms and Conditions.
9. GENERAL PROVISIONS
9.1 If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
9.2 No failure or delay by Us to exercise any right or remedy provided by these Terms shall constitute a waiver of that or any other right or remedy.
9.3 These Terms and Conditions constitute the entire agreement between You and Us in relation to the subject matter and supersede all prior agreements.