VistaJet Direct

 
TERMS AND CONDITIONS
 
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VistaJet Direct Mobile Program Terms and Conditions of use and Privacy Policy (“App Ts&Cs”)

 

VERSION 1 (MAY 2017)


General

1.Definitions

   In these App Ts&Cs the following defined words, terms and expressions have the following meanings:

          a.“VistaJet Online” means VistaJet Online and Mobile Services Limited, a company incorporated in Malta with registered office at SkyParks Business Centre, Malta International Airport, Luqa LQA 4000, Malta, which acts as agent of the Member to arrange air transportation operated by a duly licensed Operator. VistaJet Online is acting solely as agent for the Member and is not an air carrier, is not holding itself out to the public as an air carrier, and is not selling air transportation or tickets;

          b.“VistaJet International Limited” is an affiliate of VistaJet Online incorporated in England (6617647) with registered office at 51-52 Charles Street, London W1J 5EU; VistaJet International Limited processes credit card payments and reimbursements – please refer to clauses 31 to 35 below;

          c.“affiliate” means any company that is (i) the direct or indirect subsidiary or holding/parent company of VistaJet Online, or (ii) the direct or indirect subsidiary of the ultimate holding/parent company of VistaJet Online.

          d.“Member” means the individual or corporation who subscribes to the VistaJet Direct Mobile Program and has accepted these App Ts&Cs and paid the Yearly Membership and the Flight Credit initial payment under clause 8;

         e.“Membership” means the Member’s and any Authorised Booker’s right to access and use both the VistaJet App and the VistaJet Direct Mobile Program following the Member’s acceptance of these App Ts&Cs and payment of the Yearly Membership and the Flight Credit initial payment under clause 8;

          f.“Yearly Membership” means the annual membership fee payable by the Member in order to access the VistaJet Direct Mobile Program during the Membership Term as displayed and detailed on the VistaJet App;

          g.“Membership Term” means the period of 12 months effective from the date on which the Member receives from VistaJet Online the Membership Confirmation, in accordance with clause 8;

          h.“VistaJet App” is the mobile application software and related websites, systems and platforms provided by VistaJet Online allowing the Member and Authorised Bookers to manage flights, bookings and related services under the VistaJet Direct Mobile Program.

          i.“VistaJet Direct Mobile Program” is the program to which the Member has access upon (a) receipt by VistaJet Online of the Yearly Membership and of the Flight Credit initial payment and (b) acceptance by the Member of these App Ts&Cs, which program allows the Member and any Authorised Booker to purchase certain flight services (and certain ancillary services related thereto), as more particularly detailed in the VistaJet App and governed by these App Ts&Cs.

          j.“Device” means any computer, laptop, tablet, mobile telephone or handheld device onto which the VistaJet App has been downloaded.

          k.“Operator” means such companies (a) holding an air operator certificate issued by the relevant national authority permitting them to deliver the air transportation services to the Member that are arranged through the VistaJet Direct Mobile Program; and (b) who are approved from time to time by VistaJet Online as offering an appropriate standard of aircraft cabin layout and customer service.

          l.“Authorised Bookers” means such persons as nominated from time to time by the Member in the manner specified by VistaJet Online; as Authorised Bookers are permitted to undertake certain functions on behalf of the Member in the VistaJet Direct Mobile Program and utilising the VistaJet App; such functions shall be detailed to the Member when nominating an Authorised Booker or otherwise as communicated to the Member by VistaJet Online through the VistaJet App or otherwise;

          m.“Flight Credit” means the monies remitted to VistaJet Online by the Member from time to time and held by VistaJet Online, for the payment of the products purchased by the Member through the VistaJet Direct Mobile Program during the Membership Term, as displayed and detailed on the VistaJet App;

          n.“Membership Confirmation” means the written and dated communication sent by VistaJet Online to the Member confirming their Membership of the VistaJet Direct Mobile Program.

2.These App Ts&Cs (including the below Privacy Policy) apply to the Member’s and any Authorised Booker’s use of:-

          2.1.the VistaJet App, once the Member has downloaded or streamed a copy of the VistaJet App onto the Device;

          2.2.the VistaJet Direct Mobile Program any and all of the services accessible through the VistaJet App and available as part of the VistaJet Direct Mobile Program

3.By accepting the App Ts&Cs through the App:-

          3.1.the Member acknowledges that they have understood and agreed to the App Ts&Cs and have in particular consented to VistaJet Online acting in accordance with the VistaJet App and these App Ts&Cs, especially in relation to the handling of personal information.

          3.2.the Member designates, constitutes and appoints VistaJet Online as its true and lawful agent and attorney-in-fact, for the purposes of arranging air transportation on the aircraft operated by the relevant Operator. VistaJet Online may exercise this power of attorney to execute on behalf of the Member any documents necessary to obtain such air transportation services (and certain ancillary services related thereto) on behalf of the Member, and the Member declares that any act lawfully done hereunder by VistaJet Online on behalf of the Member shall be effective, valid and binding on the Member as if the same had been signed, sealed and delivered or done by the Member. VistaJet Online’s appointment as the Member’s agent and attorney-in-fact, and all of VistaJet Online’s rights and powers hereunder, shall be deemed coupled with an interest, are irrevocable and shall remain in effect until VistaJet Online’s obligation to arrange for air transportation services has terminated.

4.VistaJet Online hereby grants the Member a worldwide, non-exclusive and royalty-free temporary permission to use the VistaJet App for the purposes of:

          a.Purchasing and managing flights, organising bookings and related services (including passengers, catering, ground transportation and accommodation); and

          b.for such other or further purpose(s) as notified and made available to the Member by VistaJet Online from time to time.

5. The Member will not, nor permit others to copy, modify, reverse engineer, decompile or (save as set out in clause 4 above) and as applicable to Authorized Bookers use the VistaJet App.

6. The Member agrees to be solely responsible for any network charges that the Member or any Authorised Booker may incur as a result of using the VistaJet App.

7.VistaJet Online does not guarantee that the VistaJet App will be available at all times, as internet and network connectivity may not always be available or fully functional. VistaJet Online does not guarantee that the Member’s or any Authorised Booker’s Device will successfully download the VistaJet App and updates thereto or allow the VistaJet App to fully function at all times.

8.Yearly membership, flight credit and membership confirmation

          8.1.Following acceptance by the Member of the App Ts&Cs in accordance with clause 3, the Yearly Membership and the Flight Credit initial payment under clause 8 are each due and payable by the Member, in the amounts communicated to the Member through the VistaJet App. Should VistaJet Online not receive the Yearly Membership and the Flight Credit initial payment in cleared funds within 14 days following such acceptance, the Member’s request to access the VistaJet Direct Mobile Program shall lapse; however VistaJet Online may retain, subject to the App Ts&Cs, any personal information submitted by the Member prior to that date. Should VistaJet Online receive the Yearly Membership and the Flight Credit initial payment in cleared funds within 14 days following such acceptance, VistaJet Online shall send the Member a Membership Confirmation including confirmation that VistaJet Online accepts the agency and attorney-in-fact appointment detailed in clause 3.2, by email within 24 hours of receipt of funds. Following despatch of that Membership Confirmation email, the Member may access the VistaJet Direct Mobile Program, subject to the App Ts&Cs.

          8.2.VistaJet Online shall apply the balance in the Flight Credit towards settlement of the amounts payable by the Member to the Operator from time to time pursuant to the VistaJet Direct Mobile Program. At the end of the Membership Term, VistaJet Online shall promptly reimburse any remaining balance of the Flight Credit to the Member save for the Flight Credit initial payment under clause 8 (or any unutilised balance thereof) in accordance with clause 35.

          8.3.The Flight Credit initial payment is the sum detailed on the VistaJet App. Should any amount of this initial payment remain unused at the end of the Term, such unused balance shall, for 24 months after the end of the Term, remain available for the Member to apply towards payment of charter flight services purchased by the Member from VistaJet Limited, being an Operator affiliated to VistaJet Online. Any unspent amount remaining at the end of the 24 months shall be retained by VistaJet Online.

9.VistaJet Direct Mobile Program

The VistaJet Direct Mobile Program consists of the following three products available to the Member during the Membership Term through the VistaJet App:

          9.1.VistaJet Direct One Way. Each Operator shall advertise aircraft available to undertake one-way flights. The VistaJet Direct Mobile Program shall specify such aircraft’s Operator: available departure airport(s), available departure times, available destination(s), the hourly rate and any minimum usage charge. Hourly rates may vary by aircraft type, geographical zones in which a one-way flight is available, and time of year.

          9.2.VistaJet Direct On Demand. The Member may submit a request to VistaJet Online to arrange a flight. Such request shall specify the requested aircraft type, flight routing, and departure and arrival times. VistaJet Online shall respond to the Member (through the VistaJet App or otherwise) by confirming whether a requested flight is available and, if so, shall set out the details of such flight, including the Operator and the price.

          9.3.VistaJet Direct Empty Leg. Each Operator shall advertise aircraft available to undertake empty legs or ferry flights. The VistaJet Direct Mobile Program shall specify such aircraft’s Operator: available departure airport(s), available departure time windows, available destination(s) and the price.

          9.4.The VistaJet App may permit the Member to request that the VistaJet Direct Mobile Program actively notify the Member of available VistaJet Direct One Way flights and VistaJet Direct Empty Leg flights, including by reference to the Member’s then-current physical location. The VistaJet App may also allow the Member to refine and filter available VistaJet Direct One Way flights and VistaJet Direct Empty Leg flights.

          9.5.The prices referred to in the above sub-clauses and displayed on the VistaJet App are inclusive of such additional costs and charges as are available for viewing on the VistaJet App, but are exclusive of any additional costs and charges for which the Member is liable in accordance with clause 13.

10.The Member may select an advertised VistaJet Direct One Way flight or an advertised VistaJet Direct Empty Leg flight by selecting the same and supplying VistaJet Online with any further information required by VistaJet Online or the Operator, as communicated through the VistaJet App (for example: required departure airport(s), available departure times or windows, required destination airports(s) and passenger numbers). VistaJet Online shall then confirm (through the VistaJet App and/or by email to the Member) whether such flight remains available to purchase. Upon receipt of such confirmation from VistaJet Online, the Member may, through the VistaJet App, proceed to purchase such flight by notifying VistaJet Online of the purchase through the VistaJet App and in the manner specified by VistaJet Online. Such purchase shall not be effective or binding unless and until VistaJet Online receives the total stated purchase price in cleared funds, which can include payment wholly or partly from the Flight Credit, for disbursement to the Operator on the Member’s behalf. At any time prior to such receipt of payment in cleared funds, the Operator may

          i.withdraw any advertised VistaJet Direct One Way flight and any advertised VistaJet Direct Empty Leg flight, or

          ii.amend the details of such advertised flight.

11.The Member may submit a request to VistaJet Online to arrange a flight. Such request shall specify the requested aircraft type, flight routing, and departure and arrival times. Following receipt by the Member from VistaJet Online through the VistaJet App of confirmation that a requested VistaJet Direct On Demand flight is available pursuant to sub-clause 9.2, the Member may proceed to purchase such flight in the manner specified by VistaJet Online (through the VistaJet App or otherwise). Such purchase shall not be effective or binding unless and until VistaJet Online receives the total stated purchase price in cleared funds, which can include payment wholly or partly from the Flight Credit, for disbursement to the Operator on the Member’s behalf. At any time prior to such receipt of payment in cleared funds, the Operator may

          i.withdraw such VistaJet Direct On Demand flight, or

          ii.amend the details of such VistaJet Direct On Demand flight.

12.Following the effective conclusion of a flight purchase under clause 10 or clause 11, VistaJet Online will send a Flight Booking Confirmation to the Member by email and/or through the VistaJet App.

13.The Member agrees and acknowledges that the flight costs and prices in clause 10 and clause 11 are not inclusive of:

          a.costs of any additional services requested separately by the Member in relation to a specific flight (“Additional Costs”) or

          b.United Kingdom, French, Italian and other national air passenger duties and taxes in force from time to time, or

          c.Additional Costs, duties and taxes will be communicated to the Member (through the VistaJet App or otherwise) prior to the Member committing to such Additional Costs. Additional Costs may, without limitation, relate to

              i.catering requested by the Member in excess of the standard catering offering of the relevant Operator,

              ii.in–flight wi-fi connectivity charges, and (iii) additional passengers notified after the Booking Confirmation is issued by VistaJet Online. The Member agrees that a failure to agree to the costs relating to additional passengers so notified to the Member may result in the Operator refusing to carry such additional passengers.

14.The Member agrees and acknowledges that all flights undertaken by the relevant Operator under and pursuant to the VistaJet Direct Mobile Program and these App Ts&Cs are subject in addition to the relevant Operator’s general terms and conditions of carriage and the applicable cancellation policy therein. These Operator general terms and conditions of carriage are made available to the Member through the VistaJet App prior to conclusion of a flight purchase by the Member, and can be accessed by the Member after purchase of the flight through the VistaJet App and during the Membership Term using the links provided through the VistaJet App.

15.The Member further agrees and acknowledges that all flights undertaken by an Operator will be subject to that Operator’s general terms and conditions of carriage, which will take precedence over any conflicting provisions of these App Ts&Cs.

16.Following the issue of a Flight Booking Confirmation, the Member may (subject to the relevant Operator’s general terms and conditions of carriage) cancel the flight to which such Flight Booking Confirmation relates, by notifying VistaJet Online through the VistaJet App or otherwise as detailed in the VistaJet App. The Member agrees and acknowledges that any such cancellation may result in a cancellation charge for the Member as set out in the relevant Operator’s general terms and conditions of carriage and to the Member being charged for any Additional Costs incurred by VistaJet Online on the Member’s behalf or on its own account. A flight shall be deemed cancelled by the Member in the event of a

          i.delay or no-show of any passenger in excess of 60 minutes from the scheduled time of departure (save where VistaJet Online confirms in writing that the Operator has agreed to a longer delay in writing), or

          ii.any refusal by the Member and/or of any passenger to comply with the reasonable instructions of the Operator or of the pilot-in-command for flight safety and/or security reasons leading to the pilot-in command to reasonably deem it necessary to cancel or terminate a flight, or

          iii.any other circumstances relating to deemed cancellation by the Member as detailed in the relevant Operator’s general terms and conditions of carriage.

17.Following the issue of a Flight Booking Confirmation, VistaJet Online and/or the relevant Operator may cancel the flight to which such Flight Booking Confirmation relates. The Member accepts to pay any cancellation fees imposed by an Operator pursuant to its general terms and conditions of carriage. Subject to the preceding sentence, the Member shall be refunded, to the Member’s Account, the purchase price or other costs relating to such cancelled flight save where such cancellation is due to failure by the Member or any passenger to comply with these App Ts&Cs.

18.The Member agrees and acknowledges that a flight may not be performed that was purchased under the VistaJet Direct Mobile Program in relation to any passenger who is the subject of a ban or restriction imposed by any government or international organisation (a “Sanctions Listing”). VistaJet Online shall notify the Member of any passenger who is the subject of a Sanctions Listing and the Member shall have the opportunity to substitute or withdraw such passenger for another passenger who is not the subject of a Sanctions Listing. Where the Member does not so substitute or withdraw such passenger, the flight shall be cancelled by VistaJet Online (and/or the relevant Carrier) and the Member shall not be refunded or reimbursed the purchase price or other costs relating to such cancelled flight.

 

Authorised Bookers

 

19.Subject to clause 21, the Member is liable for all acts and omissions of any Authorised Booker in relation to the VistaJet Direct Mobile Program, the VistaJet App and any flights bookings and payments.

20.VistaJet Online shall advise the Member, through the App and/or by email from time to time, the required procedure for the Member to nominate an Authorised Booker.

21.The Member may from time to time notify VistaJet Online in writing (in the manner specified by VistaJet Online) to remove an individual as an Authorised Booker. The Member shall not be liable for the acts or omissions of such a person following receipt by VistaJet Online of such notification.

 

Privacy Policy

 

22.VistaJet Online is the data controller for the purpose of the Maltese Data Protection Act 2001 (and all related and amending legislation). Please contact the Data Protection Officer at the address set out in clause 1.a. with any queries or concerns.

23.Personal information submitted by the Member on the VistaJet App and personal information relating to the Member and to any passengers and Authorised Bookers will be stored, handled, sent and generally processed by VistaJet Online in accordance with the AppTs&Cs. Such personal information may be sourced from the Member, Authorised Bookers and/or from third parties and may include name, address, e-mail address, phone number, age, medical condition (e.g allergies and disabilities), username, password and other registration information, financial and credit card information (including such information as received from third party banks and other credit institutions and credit rating institutions), personal description and photograph (including passport and other identification documents), personal tastes (e.g food and beverages) and geographical location when using the VistaJet App. Such personal information may also include the type of mobile device used by the Member and by any Authorised Booker, a unique Device identifier (for example, the Device IMEI number, the MAC address of the Device’s wireless network interface, or the mobile phone number used by the Device), mobile network information, the Device’s mobile operating system, the type of mobile browser used in conjunction with the Device, time zone setting, information stored on the Device, including contact information, friends lists, login information, photos, videos or other digital content.

24.VistaJet Online will store, handle, send and generally process such personal information solely for:

          24.1.Ensuring that the Member and any passenger(s) are not subject to a Sanctions Listing during the Membership Term;

          24.2.the purposes set out in clause 4 above (which purposes include accounting and billing, immigration and customs control, health and safety, security and legal compliance);

          24.3.statistical analysis and improvement to VistaJet Online and VistaJet Online affiliate services, including the VistaJet Direct Mobile Program;

          24.4.systems testing, maintenance and development;

          24.5.sending the Member news about VistaJet and VistaJet affiliate products and services which VistaJet considers might be of interest to the Member; and

          24.6.requesting feedback on VistaJet Online and VistaJet Online affiliate and third party supplier services so as to assist in their improvement and development.

25.VistaJet Online will retain personal information held pursuant to these App Ts&Cs for the duration of the Membership and for a period of 12 months thereafter, save in respect of personal information which:

          25.1.evidences the Member’s subscription to the VistaJet Direct Mobile Program and the Member’s purchase thereunder; such transactional information shall be retained by VistaJet Online for a period of 7 years following the end of the Membership; and

          25.2.is required by law to be retained for longer.

26.Personal information held by VistaJet Online pursuant to these App Ts&Cs will be stored on and processed by VistaJet Online systems and may be stored on and processed by systems of a VistaJet Online affiliate or of a third party data processor(s) appointed by VistaJet Online or by a VistaJet Online affiliate. Such storage and processing may occur outside of the European Economic Area and the Member hereby expressly consents to such storage and processing (including the transfer of such data to outside the European Economic Area). Where such storage and processing occurs outside of the European Economic Area, VistaJet Online will ensure that the security standards applied to such processing are at least equal to those applied by and applicable to VistaJet Online.

27.VistaJet Online may disclose personal information held pursuant to these App Ts&Cs to Operators and other third parties in order to give effect to VistaJet Online’s obligations under these App Ts&Cs. VistaJet Online may also disclose personal information held pursuant to these App Ts&Cs to third parties

          i.in the event that VistaJet Online sells its entire business or assets (in which event disclosure shall be to a prospective purchaser and their professional advisers only);

          ii.if VistaJet Online is under a duty to disclose such personal information in order to comply with any legal or regulatory obligation or request (whether in the United Kingdom or elsewhere);

          iii.in order to enforce the terms and conditions of these AppTs&Cs; and

          iv.so as to protect the rights, property or safety of VistaJet Online and its affiliates and their respective customers, or others (including by way of exchange of information with third parties for the purposes of fraud protection and credit risk reduction).

28.The transmission of personal information via the internet is not completely secure. VistaJet Online will use best efforts to protect the personal information held pursuant to these App Ts&Cs, however cannot guarantee the security of such personal information when transmitted to or from VistaJet Online, such transmission being at the Member’s own risk.

29.The Member has the right to ask VistaJet Online not to process personal information for marketing purposes. The Member can exercise such right to prevent such processing by checking the relevant opt-out box appearing on emails sent to the Member by VistaJet Online. The VistaJet Direct Mobile Program may, from time to time, contain links to and from websites of VistaJet Online partner networks, advertisers and affiliates. If the Member follows a link to any of these websites, please note that these websites and any services that may be accessible through them have their own privacy policies and that VistaJet Online does not accept any responsibility or liability for these policies or for any personal information that may be collected through these websites or services. The Member is advised to please check these policies before submitting any personal information to these websites or using these services.

30.VistaJet Online may require the Member and any Authorised Booker to use password or other means to allow access to the VistaJet Direct Mobile Program. It is the responsibility of the Member to ensure the confidentiality of such password and of information stored on the VistaJet Direct Mobile Program. VistaJet Online shall not be liable for any loss or damage arising from any failure by the Member or Authoriser Booker to safeguard such password and information. The Member should immediately notify VistaJet of any actual or suspected breach of confidentiality and of any other unauthorised use of such password or information.

 

Payments

 

31.Payments by and reimbursements to the Member under or pursuant to the VistaJet Direct Mobile Program and these App Ts&Cs utilising a credit or debit card shall be processed by VistaJet International Limited as agent for VistaJet Online.

32.Payments and settlements of sums due from time to time under the VistaJet Direct Mobile Program and these App Ts&Cs may be made

          i.utilising a credit or debit card (including by way of a credit or debit card block), or

          ii.by way of a wire transfer to the bank account notified by VistaJet Online to the Member from time to time, or

          iii.by VistaJet Online debiting the Member’s Flight Credit.

33.The Member agrees and acknowledges that payments by credit or debit card (including by way of a credit or debit card block) may incur a payment processing fee which fee shall be notified to and borne by the Member.

34.The Member further agrees and acknowledges that where payment for a flight (requested under VistaJet Direct One Way, under VistaJet Direct On Demand or under VistaJet Direct Empty Leg) is to be made by way of wire transfer to VistaJet Online, such wire transfer must be received by VistaJet Online at least seventy two (72) hours prior to the requested departure time. Payment for such flights within less than seventy two (72) hours of the requested departure time must be made

          i.by credit or debit card (including by way of a credit or debit card block) or

          ii.by VistaJet Online debiting the Member’s Flight Credit for the total cost of the requested flight plus any Additional Costs requested under clause 13 and any applicable duties and taxes under clause 13. Where payment under (i) above by credit or debit card (including by way of credit card block) is not received by VistaJet Online within thirty six (36) hours prior to the requested departure time, the Operator may (for the avoidance of doubt and without prejudice to its rights under clauses 10 and 11) withdraw the flight or amend its details (as advertised or as otherwise communicated to the Member).

          35.The Member agrees and acknowledges that any reimbursements due to the Member pursuant to these App Ts&Cs may be made by VistaJet Online by way of credit or debit card reimbursement or wire transfer to the Member’s originating bank account from which funds were originally recieved, at VistaJet Online’s sole option.

 

Changes To The Above Privacy Policy

 

36.Any changes that VistaJet Online may make to the above Privacy Policy in the future will be posted in these App Ts&Cs and, where appropriate, notified to the Member (by e-mail OR when the Member next accesses the VistaJet Direct Mobile Program).

 

General

 

37.Any services purchased by the Member through the VistaJet Direct Mobile Program may not be re-sold to any third party. At no time during the Membership Term shall the Member act as a travel agency or travel agent or purchase or arrange for any services though the VistaJet Direct Mobile Program as agent, broker or sub-contractor for any third party.

38.All information submitted by the Member must not be intentionally or negligently false, inaccurate or misleading.

39.VistaJet Online may suspend or terminate the Member’s use of the VistaJet App and of the VistaJet Direct Mobile Program by giving the Member written notice of such suspension (and its duration) or termination in the event of

          i.any breach by the Member of these App Ts&Cs, or

          ii.the Member being the subject of a Sanctions Listing (as defined in clause 18).

40.The Member’s use of and access to the VistaJet Direct Mobile Program and VistaJet App each terminate at the end of the Membership Term unless the Membership is renewed pursuant to clause 41, save that the Member may continue to use and access the VistaJet Direct Mobile Program and the VistaJet App in order to

          i.review purchases of flight and related services made by the Member during the Membership Term and

          ii.to purchase flight services under clause 8.3.

41.At the end of the Membership Term, the Member may request to renew their Membership. Such request and renewal shall be effected through the VistaJet App and by agreeing to and following the renewal procedures communicated by VistaJet Online to the Member through the VistaJet App.

42.VistaJet Online’s liability for any breach of these App Ts&Cs (and of any document or agreement referred to herein) relating to the provision of flight services, whether to the Member, to any Authorised Booker and/or to any passenger transported pursuant to these App Ts&Cs, is limited to the purchase price of the flight under which the Member and/or any such passenger were transported.

43.VistaJet Online’s liability for any loss or damage caused by the digital content of the VistaJet App is limited to the value of the Yearly Membership.

44.Except as provided for Authorised Bookers under these App Ts&Cs, the Member may not assign or sub-contract any of its rights or obligations under these App Ts&Cs to any third party unless VistaJet Online agrees in writing. VistaJet Online may assign, transfer or sub-contract any of its rights or obligations under these App Ts&Cs to any third party at its discretion, including any affiliate of VistaJet Online.

45.No relaxation or delay by VistaJet Online in exercising any right or remedy under these App Ts&Cs operates as a waiver of that right or remedy or affects VistaJet Online’s ability to subsequently exercise that right or remedy. Any waiver must be agreed by VistaJet in writing.

46.If the wording of any of these App Ts&Cs (and/or of any wording of any document refered to in these App Ts&Cs) are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these App Ts&Cs (and/or of any wording of any document referred to in these App Ts&Cs) shall remain in full force and effect.

47.Only the Member, VistaJet Online and VistaJet International Limited are entitled to enforce these App Ts&Cs. No third party shall be entitled to enforce any of these App Ts&Cs, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

48.These App Ts&Cs and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to these App Ts&Cs (including any non-contractual dispute or claim) shall be governed by and construed in accordance with English law.

49.The English courts located in London shall have exclusive jurisdiction to determine any dispute arising in connection with these App Ts&Cs, save that VistaJet Online shall retain the right to bring proceedings against the Member in the courts of any other competent jurisdiction whether or not proceedings in the English Courts are pending or have been prosecuted to judgment.

50.Clauses 43, 48 and 49 are without prejudice to any applicable law (including the Warsaw Convention or the Montreal Convention) which may apply to the carriage of the Member and/or to any passenger transported pursuant to these App Ts&Cs.

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