Terms & Conditions
2 Becoming a Private Jet Club Member
4 Order rejection, correction and cancellation
5 General terms for all aircraft related services
6 Specific terms for our ‘REQUEST A FLIGHT’ service
7 Specific terms for our ‘OFFER A FLIGHT’ service
10 Conditions of use of this website
11 Closing your members account
1. Important Information
- Who we are: In these Terms & Conditions, references to "we”, “our” and “us" are to The Private Jet Club Ltd, a company incorporated in Scotland with registered number SC309133, having its registered office at 17 Rutland Street, Edinburgh EH1 2AE and having a place of business at 1 Royal Exchange Ave, London, EC3V 3LT. Our VAT registration number is 899 4447 48.
- The contract between you and us: These Terms & Conditions (including the operators terms referred to in section 5 and the service specific terms referred to in section 6) form all of the terms and conditions of the contract between you and us when you use our Private Jet Club service and supersede any prior understandings or agreements.
- Special terms: No other terms or conditions will apply, except special agreed terms that have been subsequently discussed, confirmed and agreed in writing between you and us.
- Third party provider terms: Additional terms may apply to certain services we procure on your behalf and we shall endeavour to notify you of these as soon as possible.
- Changes by us: We may change these Terms & Conditions (and the content of our website pages, including prices, services and offers) at any time. You will be asked to read and accept the Terms & Conditions each time you place an order, to ensure that you are familiar with the most current ones.
- Answers to your questions: If there is anything in these Terms & Conditions which you do not understand or you have any other queries, comments or have a complaint, please email info@thepjc.co.uk
2. Becoming a Private Jet Club Member
- How to apply for an account: In order to access and use our services, you must have a current members account. You can apply for a members account to be created by clicking the “Sign Up” button on our website and completing the online sign-up form. A joining fee and annual membership charge may be payable if your application is accepted although occassionaly we offer free membership and registration as a promotion.
- The contract between us and you: If we are prepared to accept your application for the creation of a members account, we will confirm this by email and a legally binding contract governing your access to and use of our services is created between you and us. The contract will be concluded in the English language and the provisions of these Terms & Conditions shall govern our agreement with you.
- Errors in profile information: You must provide us with accurate and complete registration information and it is your responsibility to update us of any changes to that information. Information can be corrected and updated by emailing changes to info@thepjc.co.uk.
- Refusal to create an account: We reserve the right, at our discretion, to refuse to accept any application to create a members account. For example, this may be due to technical constraints or because you have been banned by us from using our services. No charge will be made by us for declined applications (and funds debited from your payment card will promptly be repaid to you).
- Benefits of membership: If you have a members account and a current membership subscription, you will be entitled to:
- Access to services: place orders for our services; and
- Guests: invite a guest to accompany you on one single flight; subject to payment by you (and compliance with the other terms in these Terms & Conditions).
Please note that you are liable for your guest’s behaviour while using the services and any action or inaction by them will be deemed an action or inaction of you for the purposes of these Terms and conditions.
3. Ordering our services
- Pre-requisites: You are not entitled to order our services unless you have:
- Account: a Private Jet Club members account; and
- Subscription: a current membership subscription.
- Placing an order: Orders for our services can be submitted by completing the online order form on our website (where available) and clicking on the relevant completion button. When you submit an order via this website, you will be sent an email within 24 hours confirming the details of your order.
- No contract at this stage: When you place an order via this website, you are making a legally binding offer to us to pay us in return for provision of our intermediary services. No contract is created with us until that offer is formally accepted by us: nothing on this website is intended to mean that we are making a legally binding offer to you to provide services.
- Accepting your order (and forming a contract): Our contract with you for the provision of our services is formed only when we have accepted your order by sending you notice of our acceptance by email or by post (or otherwise by performing the services you have ordered. The contract between you and us is formed on the date shown on that notice of acceptance. (Please note - this notice is not the same as the confirmation email we send to acknowledge receipt of an order.)
Language: All contracts for our services between you and us shall be concluded in the English language.
4. Order rejection, correction and cancellation
- Rejecting your order: It is entirely at our discretion to accept or reject any offer submitted by you via this website.
- Conditions of acceptance: Orders are accepted subject to:
your having a Private Jet Club membership account;
your having a current Private Jet Club membership subscription;
authorisation of your payment card;
availability of services at the stated price; and
confirmation that you have read and accepted these Terms & Conditions by clicking on the relevant acceptance button.
- Rejection procedure: If for whatever reason we are unable to accept your order, we shall endeavour to notify you of this promptly and shall provide a full refund of any prepayments made.
- Correcting errors: Errors in your offer must be corrected by you prior to your order being accepted by us. You can correct errors as follows:
- Before you submit your offer: by re-entering the relevant information in our online order form, using the ‘BACK’ button where required; or
- After you submit your order: by contacting us by post or by email prior to acceptance by us of your order.
- Cancellation by you: You may cancel your contract for provision of our services by writing to us. Cancellation fees may be payable by you and these may vary depending on the period of notice given by you before the planned performance date. The cancellations fees for the specific service will be made available on request.
- Cancellation by us: We may cancel any contract with you for the provision of services if we are reasonably unable to supply the services at the price agreed due to circumstances beyond our control.
- Occupancy threshold: We may cancel any aircraft related services if the expected occupancy of the aircraft falls below 60%, provided that we send you an email to this effect at least 14 days prior to the scheduled departure date of the applicable flight.
- Refund: If we cancel a service we agreed to provide to you due to circumstances outwith our control (including failure to meet the occupancy threshold), we will refund any associated fees you have paid to us for that service. We will not be liable for any other expenses - it will be your sole responsibility to make alternative transport arrangements.
- Substitute services: In the event that we are reasonably unable to supply the services which you have ordered at the price agreed due to circumstances beyond our control, rather than cancelling our contract with you, we may alternatively provide you with substitute services of equivalent value which are reasonably suitable for your purposes.
5. General terms for all aircraft related services
- Booking: You may only book a flight which is listed on our website as a ‘Confirmed Flight’ or which we have told you by email is a ‘Confirmed Flight’.
- Arrival: You must arrive at the airport at least 20 minutes before their scheduled departure. (If you arrive later than this you may not be allowed to board the aircraft and will not be entitled to a refund or any compensation.)
- Pilot’s discretion: The pilot of the aircraft shall have complete discretion concerning:
- Preparation: preparation of the aircraft for flight;
- Safety: whether or not a flight shall be undertaken (or abandoned) and whether any passenger should be permitted to board the aircraft;
- Route: any deviation from the proposed route;
- Landing: where landing shall be made;
- Luggage: limitations on the volume of luggage you are permitted to take on board the aircraft; and
- Operation: any other matters relating to the operation of the aircraft.
and you agree to adhere to any such decisions.
- Travel documentation: You are solely responsible for producing all documentation necessary for flying to your intended destination including (but not limited to) relevant passports, visas and other immigration control papers when required and may face additional costs if they fail to do so, as noted below.
- Additional costs payable by you: You agree to pay to us in full within 7 days of receiving an invoice for the same any costs incurred by us, or by the aircraft operator (the organisation or person from which or from whom the aircraft has been chartered), due to:
- Delay: your failure to comply strictly with any required timetable notified to you;
- Additional services: your use of any service not specifically included in your order;
- Travel documents: your failure to provide any necessary travel documents (including, for example, passport, visa, etc.);
- Change of plan: deviations to the planned travel route or flight schedule due to circumstances outwith our control and the control of the aircraft operator (including, without limitation, availability of airport authorisations and landing slots);
- Damage: damage caused by you to the aircraft or injury to any persons onboard;
- Illegal cargo: transportation of your luggage or passengers being illegal due to customs, immigration or other such restrictions; and
- Fuel price increases: significant aviation fuel price increases occurring between the date your order is accepted by us and the date of your flight.
- Catering requirements: Details of your catering requirements will be passed on to the relevant aircraft operator and related third parties. However we will not be liable for any failure by either the aircraft operator or related third parties to adhere to these requirements.
- Luggage risk: Unless otherwise stated, any luggage is taken at your own risk: we disclaim any liability for loss or damage to any items taken on the aircraft.
- Operator’s terms and conditions: It is a strict requirement of these Terms of Service that you comply with the aircraft operator’s terms and conditions. These should be available on our website and a copy should be sent to you when we confirm flights. Please let us know if you are having difficulty accessing these.
- Passenger choice: If you would prefer not to share any flights with a particular individual, please let us know by emailing us at info@thepjc.co.uk. We will add a marker to your and their membership records and if either one of you books and pays for a flight using our services, we will refuse any subsequent request from the other party for a place on that flight.
6. Specific terms for our 'REQUEST A FLIGHT' service
The following terms apply only to our request a flight service:
- The service: Members can submit a custom request to us using our flight request facility for chartering an aircraft on certain dates and between certain locations.
- Administration fee: An administration fee is payable when you submit a proposal for a flight on the Private Jet Club network.
- Fee: The current fees are display on our website.
- Refunds: If we reject your flight proposal because we believe it is not viable, we will refund your administration fee. The administration fee is otherwise non-refundable, but if your proposed flight goes ahead, it will be deducted from the total amount payable by you for your flight. (If your proposed flight does not go ahead, your administration fee will not be refunded.)
- Interest required: When you have accepted your flight proposal, we will post a notice on this website inviting interest. If and when we have received enough confirmed interest from enough members to occupy 80% of the seats on the chartered plane, we will send a confirmatory email to you and to the other members who confirmed their interest stating:
- that the required quota has been reached;
- the proposed date and time of departure (and, where applicable the date and time of return); and
- the terms and conditions of the operator from whom it is proposed that the aircraft is to be chartered.
- Booking the flight: On receipt of the email from us confirming that sufficient interest in the flight has been shown, each member (including you) who wishes to book a seat on the proposed flight must then make payment within 48 hours.
- Rebate: Your ‘request a flight’ administration fee will automatically be deducted from the cost of your flight.
- Cancellation: Your order may still be cancelled if the required 60% occupancy threshold of your requested flight is not met (please see section 4 of these Terms & Conditions for more details).
7. Specific terms for our 'OFFER A FLIGHT' service
The following terms apply only to our flight offer service:
- The service: Members who have chartered an aircraft independently of The Private Jet Club may submit to us a request that it is posted on our website to allow other members to book seats on the aircraft through us.
- Offer request requirements: To use this service, you must submit your request by email to info@thepjc.co.uk, attaching a receipt from the aircraft operator and detailing the:
- name and address of the aircraft operator;
- aircraft operator’s terms and conditions (in full);
- date and times of departure and landing of the flight (including where applicable, any return journey);
- number of people already flying;
- number of seats to be offered; and
- price at which seats are to be offered.
- Acceptance of your request: If we accept your flight offer request, we will notify you by email and will post your flight offer as a Confirmed Flight on our website. (We reserve the right to refuse any flight offer request at our sole discretion.)
- Changes to your flight: If we post your flight offer and for any reason any of the details change, you must notify us immediately.
- Change fee: We reserve the right to charge an administration fee for changing the details of a flight offer.
- Penalty: If you change the details of or cancel a flight which is the subject of a Flight Offer in respect of which a member has already booked a seat, your membership may be suspended or terminated at our sole discretion.
- Booking arrangements: We shall confirm when we have received bookings and payment for the number of seats specified as available in your flight offer request. Bookings of seats offered in your flight offer are made subject to these Terms & Conditions (which incorporate the aircraft operator’s terms). It is your responsibility to forward the passenger names and travel information to the aircraft operator in due time for inclusion in the passenger list.
- Our Fees: Our fees for posting your flight offer shall be 25% of the price at which the seats are offered. We shall hold all monies received for booked seats until after the flight(s) and shall remit the same to you after deduction of our fees.
- No warranty: We make no warranty or representation as to the health, fitness or suitability of any of our members to undertake a flight the subject of your Flight Offer.
- Relationship with aircraft operator: Neither we nor our members are parties to the contract between you and the aircraft operator and accordingly neither we nor our members shall have any liability to the aircraft operator, save where expressly provided in these Terms & Conditions.
8. Payment
- Payment method: Payment of our joining and annual membership fees and payment for services ordered via this website must be made in UK pounds sterling by credit or debit card. Payment is processed using the services of SecPay.
- No contract at this stage: Our receipt of cleared funds does not constitute our acceptance of your order.
- Tax and currency: All prices on this website are quoted in UK pounds sterling and include VAT where applicable.
- Refunds: If an order submitted via this website is cancelled by us, we will refund to you any monies paid to us within 30 days of notice of cancellation being given.
- Joining and membership fees: A joining fee is payable for the creation of a members account and a membership fee is also payable annually in advance by the members account holder. The applicable rates are posted on our website and we may vary these from time to time: please see our Sign-Up page for the rates in force for the current period. All prices on our website are quoted in UK pounds Sterling and exclude VAT, which is also payable.
- Renewal process: We will endeavour to send you a reminder email prior to expiry of your annual membership subscription. We will not renew your subscription automatically, unless you tell us to do so. We shall be under no obligation to provide access to our service if the membership subscription fee (plus all applicable taxes) is not paid to us on time. If subscription fees become overdue, we reserve the right to suspend your access to our services until the balance is paid and we may close your members account permanently.
9. Liability
IMPORTANT: This section contains provisions which restrict the extent to which we are liable to you for any loss you may suffer in connection with this website and the services we provide. It also It also requires you to compensate us for any loss we suffer as a result of your failure to comply with these Terms & Conditions.
- Personal injury & death: Nothing in these Terms & Conditions is intended to exclude liability (if any) for personal injury or death resulting from our negligence, for fraud or for any matter which it would be illegal to exclude or to attempt to exclude.
- Foreseeable loss only: You and we shall only be liable to each other under these Terms & Conditions for losses connected with services ordered which are a reasonably foreseeable consequence of the relevant breach of contract. Neither you nor we shall be liable to each other under these Terms & Conditions for any other loss or damage, subject to the paragraph above.
- Circumstances beyond our control: We shall be under no liability for any delay or failure to perform any obligation as specified in these Terms & Conditions if the same is wholly or partly caused, whether directly or indirectly, by circumstances beyond our reasonable control, including the actions or inaction of aircraft operators.
- No implied guarantees: All warranties relating to our services which are not expressly stated in these Terms & Conditions are hereby excluded to the fullest extent permitted by law. We make no guarantee that our services will be suitable for your intended use, neither do we guarantee that this website will be error-free, reliable, entirely secure, virus-free or available (especially since we are dependent on the reliability of the Internet and your use of your own computer to access the service).
- Extent of our liability for business customers: Where our services are purchased for use in the course of your business, our total liability to you, in respect of any claim by you arising out of or in connection with the provision of (or the failure to provide) services, shall be limited to the sum paid by you to us for the services which are the subject of the claim, save to the extent to which this provision would exclude or limit our liability for death or personal injury caused by an act or omission of ours. You agree to waive any claims which are not raised with us in writing within 3 months of the applicable order date.
- Links to other sites: The provision by us of a hyperlink to another website does not constitute any authorisation by us to you to access materials held at that location, nor is it evidence of any endorsement by us of the material held there.
- No liability for website use alone: To the fullest extent permitted by applicable law, we exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or to a third party in connection with use of this website (or any websites linked to this website).
- Your liability to us: You shall be held liable for any reasonable costs and expenses incurred by us (or by our employees, agents or representatives) arising from your use of a Flight, including, without limitation, any claims, actions or demands by the Operator or any third party and all reasonable costs of defending any such claims, demands or actions.
10. Conditions of use of this website
- Use of website content: You are permitted to retrieve and display content from this website on the device from which you initially accessed or downloaded it and you may print copies of individual pages on paper, solely for the purpose of obtaining services from us or otherwise assessing whether to obtain such services.
- Restrictions on use of website content: You may not (and may not permit others to):
- Commercial distribution: lend, distribute or otherwise make available copies of any of the content of this website for any commercial purposes;
- Modification: modify any documents or related graphics obtained from this website in any way (unless we grant you written permission to do so);
- Ownership notices: remove, obscure or otherwise disassociate any of our copyright or trade mark notices from any copies of this website’s content; nor
- Unauthorised: otherwise use any of the content from this website in any manner not expressly permitted by these Terms of Use.
- Linking to this website: You may only create a link to our website homepage at http://www.privatejetshare.com on the condition that you do not do any of the following:
- Framing: create a frame or any other browser or border environment around this website;
- False endorsement: in any way imply that we are endorsing any products or services other than our own;
- Misrepresentation: misrepresent your relationship with us nor present any other false information about us; or
- Unsuitable: create a link from a website which contains content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
You may not create any link to any other page of this website, nor frame it, without our prior written consent, nor may you restrict or inhibit the use or enjoyment of it by anyone else.
- Unsolicited email: You agree not to send unsolicited e-mails for the purposes of advertising or market research to the e-mail addresses provided on this website.
- Accessibility: We support the Web Accessibility Initiative and are committed to making our site as accessible as possible to everyone. We welcome your comments and suggestions about how to make this website more accessible. If you are unable to access the information you require from this website, please contact us for assistance.
11. Closing your members account
- Cancellation by you: You can close your members account at any time via email to info@thepjc.co.uk. No further subscription fees will be billed and no refund will be made of any subscription fees already billed and paid.
- Suspension and closure by us: If you fail to abide by these Terms & Conditions, or if payment of the membership subscription fees is not made on time, we reserve the right to suspend your access to our services or permanently cancel your membership account. If we withdraw access to our services because these Terms & Conditions have been breached by you, no refund will be payable by us.
12. General legal matters
- Understanding this contract: In these Terms & Conditions:
- Our services: references to our “services” are intended to mean the intermediary booking and other ancillary services we provide to facilitate the chartering of aircraft, hiring of vehicles, booking of accommodation, and other such ancillary services, as described on this website;
- Headings: the headings are for convenience only and shall not affect the construction or interpretation of these Terms & Conditions;
- Singular/plural: the singular shall include the plural and vice versa; and
- Whole/part: words importing the whole shall be treated as including a reference to any part.
- Waiver and severability: If either you or we ignore any breach of these Terms & Conditions, it does not mean that any further breach cannot be enforced. Likewise, if any part of these Terms & Conditions turns out to be invalid or unenforceable for some reason, then it will be replaced with a provision which, as far as possible, achieves the same purpose as the original, and the remainder of the agreement will still be binding.
- Resolving disputes: These Terms & Conditions are governed by and interpreted in accordance with Scots law. If any party wants to take court proceedings in relation to the service, it must do so in Scotland. You are responsible for compliance with any applicable laws of the country from which you use or otherwise access the service.
We recommend that you print out a copy of these Terms & Conditions
for your future reference.