Terms & Conditions
This Hyer Jets Terms and Conditions govern access and usage of our websites, mobile apps and other services for the facilitation of Aircraft charter.
This Terms and Conditions works as an agreement between the charter organization Hyer Jets (“we”,” Hyer Jets”, “our” or “us”), a Dutch-registered company in the Chamber of Commerce under number 80195520, registered at Torenallee 20, 5617 BC Eindhoven, the Netherlands and VAT number NL861584594B01, and you (“client”, ”user”, “Customer” or “Member”).
Hyer Jets is not a direct air carrier. All Flights to which Hyer Jets has access and are offered to users are owned and operated by a properly licensed third party air carrier, compliant with rules outlined by the European Union Aviation Safety Agency (or other appropriate authority under foreign law).
This Terms and Conditions do not constitute a contract for carriage by air. Contracts for carriage will be concluded between users and Aircraft operators and will be subject to operators’ Terms and Conditions of Carriage. Hyer Jets is not a contracting or common Carrier.
To the fullest extent permitted by law, Hyer Jets does not assume any liability whatsoever concerning the use of Hyer Jets`s platform, the performance of an Itinerary or any related operation of Aircraft.
1- DEFINITIONS AND INTERPRETATION
In these Terms and Conditions unless the context otherwise requires:
- “Agreement” means these Terms and Conditions, the Charter Contract and any Special Conditions.
- “Aircraft” means any aircraft (including helicopters) operated by an Operator for the performance of a Flight Itinerary.
- “Booking Confirmation” means the confirmation (electronic, e-mail or via message apps) provided by HYER to a Customer confirming the Flight and including the Itinerary and the Aircraft booked through the Hyer Jets Platforms.
- “Charter Contract” means these Terms and Conditions.
- “Charter Flight” means the Flights in which the Customer reserves the entire Aircraft for flying.
- “Conditions of Carriage” and “Operator`s Terms” means the Operator’s general conditions of carriage for passengers and baggage.
- “Customer” : Hyer Jets`s users and members (which shall include its representative(s) as applicable) making Flight inquiring, Flight booking or/and booking a seat using Hyer Jets Platforms.
- “Charter Price” means the total amount set out in Hyer Jets`s invoice(s) issued in respect of the charter of an Aircraft for the performance of the Itinerary including Hyer Jets`s fee. Unless otherwise confirmed in writing by Hyer Jets the Charter Price shall not include (a) catering, (b) additional services (including any ground transport and helicopter transfers), (c) any increase in costs after the date of the Booking Confirmation, including security costs, aviation insurance premiums, fuel, air Passenger duty, airport charges or similar costs relating to the operation of the Aircraft or any part of the Itinerary, and (d) de-icing, weather-related or hangarage costs, airfield fire category upgrades, access to VIP lounges and terminals, fuel stops or out of normal hours airport charges.
- “Activation Date” means the day when Hyer Jets decides if a shared flight in pre-booking state will be confirmed.
- “Empty Leg Charter” means a Customer`s charter of an Aircraft for an Itinerary that is wholly contingent upon the completion of a separate charter Flight.
- “Flight Briefing” means the Flight or series of Flights booked via Hyer Jets and shall include places of departure, places of destination, any stopping points and any departure and arrival times.
- “Flight Manager Service” means the package of complementary services offers by Hyer Jets to improve personalisation and customization of Flights.
- “Hyer Jets” means Hyer Jets, a Dutch-registered company in the Chamber of Commerce under number 80195520, registered at Torenallee 20, 5617 BC Eindhoven, the Netherlands and VAT number NL861584594B01.
- “Hyer Jets Exchange Rate” means the midpoint rate as published by the ING Bank N.V in The Netherlands, by the time of quote, plus a 1% currency administration fee.
- “Hyer Jets Platform (s)” means the channels provided by Hyer Jets to the Customer, so he /she can have access to Hyer Jets services, and that includes the site www.hyerjets.com, telephone, e-mail, Hyer Jets App and text message service.
- “Hyer Jets quote (s)” means the offers made by Hyer Jets to a Flight request received from the Customer, describing all conditions for a Flight Itinerary that would be fulfilled in case the Customer accept the offers.
- “Itinerary” means the Flight or series of Flights booked via Hyer Jets Platform.
- “Leading client” or “leading passenger”: The client responsible for purchasing and paying for the ticket, group of tickets or a charter flight.
- “Members” those persons who subscribe to use the services of as are made available through hyerjets.com or through any mobile application made available by Hyer Jets. It also includes subscriptions made via email, message apps or phone. A person is considered a member during the entire period in which his/her account is active in Hyer Jets Platform.
- “Operator” means the Aircraft Operator whose quotation for provision of a Flight to the Customer has been accepted by the Customer in accordance with these Terms and Conditions. The Operator is the actual operator of an Aircraft for the Itinerary as specified in the Booking Confirmation.
- “Passenger” means any person other than cabin or Flight crew travelling on an Aircraft booked by a Customer via Hyer Jets Platform.
- “Parties” means, as the context may require, Hyer Jets, Customers and Passengers.
- “Recurring clients” means customers that book a Charter Flight or a seat on a Shared Flight with Hyer Jets two or more times on a period of 12 months.
- “Shared Flight” means a Flight in which Customers book a seat on the Aircraft via Hyer Jets, instead of the entire Aircraft.
- “Shared Charter” means a Flight in which Customers book an entire Aircraft via Hyer Jets, and allow the sales of unused seats to others clients.
- “Special Conditions” means those variations to this Terms and Conditions upon which the Operator will perform the Flight for the Customer and which, in the event of inconsistency with these Terms and Conditions, take precedence as between the Parties.
- “Ticket price” means the full price to be paid by the Customer for booking a seat on a shared Flight.
- ” Valid Customer” or “Valid Member” means a person that registered for using Hyer Jets Platform (or a person that inquires for a Flight) which it is possible to validate the trustworthiness of the person.