info@flight-director.com

Flight Director - The Jet Pooling Hub

Terms and Conditions

Flight  Director   Limited

 

These terms and conditions were last updated on 28th July 2021.

These terms and conditions consist of three parts;

PART A:  General Terms and Conditions (applicable to all users).

PART B:  Jet-Pooler and Flight Director Terms and Conditions (applicable to all users who act in the capacity as Flight Directors and/or Jet-       Poolers).

PART C:  Aircraft Charter Broker and Aircraft Charter Operator Terms and  Conditions (applicable to all users who act in the capacity of an        Aircraft Charter Broker and/or an Aircraft Charter Operator).

 

PART A: General Terms and Conditions

 

A1. Introduction

A1.1 These terms & conditions set out the terms between you the user and us the website and app owner.

A1.2 Your use of this website and/or app and any service contained within constitutes acceptance of these terms & conditions in full. 

A1.3 You should not use this website and/or app if you do not accept with these terms & conditions in full.

 

A2. Flight Director Limited

A2.1 Flight Director Limited is not an Aircraft Charter Operator.

A2.2 Flight Director Limited is not an Aircraft Charter Broker.

A2.3 Flight Director Limited does not offer the sale of individual seats on any existing aircraft charter flights.

A2.4 Flight Director Limited provides a service whereby users (Flight Directors and Jet-Poolers) can share their flight travel intentions with other users with the aim of forming a group of users (Flight Directors and Jet-Poolers) with similar flight requirements who will subsequently jointly book and on-demand aircraft charter flight with an Aircraft Charter Operator and/or Aircraft Charter Broker who has advertised their services on the Flight Director website and/or app.

A2.5 Flight Director Limited charges a subscription fee to Aircraft Charter Operators and Aircraft Charter Brokers who advertise their services on the Flight Director website and/or app.

A2.6 Flight Director Limited will take all reasonable measures to ensure that all Aircraft Charter Operators who advertise their services on the Flight Director website and/or app possess the appropriate certification for the flight services which they are offering.

A2.7 Flight Director Limited will take all reasonable measures to ensure that all Aircraft Charter Brokers who advertise their flight services on the Flight Director website and/or app will only employ the services of properly certified and regulated Aircraft Charter Operators.

 

A3. Customer Information

A3.1 You should always check that the contact information you provide is correct before creating an account. 

A3.2 You are responsible for maintaining your own username and password, where required to access your account. You should ensure that you store your username and password securely and that the details required to access your account are not provided to another party.

A3.3 You are responsible for your account and actions taken within it. If you are aware or suspect that your account username and password or other details have become known to a third party, you should inform us immediately.

A3.4 Our website and/or app is only intended for use by persons who are aged 16 years old or greater.

A3.5 Reference to a ‘minor’ in these terms and conditions refers to a person who is aged less than 16 years old.

A3.6 We reserve the right to restrict or remove your access to this website and/or app where you breach these terms and conditions. Such restriction or removal will take place without recourse or explanation to you where we solely deem it appropriate or necessary.

 

A4. Privacy

We take your privacy seriously. We are registered under and comply with the Data Protection Act 2018 and the General Data Protection Regulation (GDPR). For further details please see our Privacy Policy.

 

A5. Customer Complaints

We endeavour to respond to all complaints or queries within five working days.

 

A6. Events Outside our Control

We shall not be liable for delay or failure to perform any obligation under these terms & conditions if the delay or failure is caused by any circumstances beyond our reasonable control, including, but not limited to, acts of god, war, civil disorder or industrial dispute.

 

 

A7. Licence

A7.1 We grant you a licence to access the content, information and services contained within our website and/or app for personal use only.

A7.2 This licence allows you to download and cache (using your browser) individual pages from our website and/or app.

A7.3 This licence does not allow you to download and modify individual pages or substantial parts of our website and/or app nor to make our website and/or app available via an intranet, where our website and/or app or a substantial part of it is hosted locally on the intranet in question.

A7.4 Our website and/or app design, layout, content or text cannot be copied, edited or otherwise manipulated without our express prior written permission.

A7.5 Our website and/or app cannot be placed within the frame-set of another site.

A7.6 Third parties are not allowed to “deep link” to pages within our website and/or app, without our express prior written permission. All links (unless expressly permitted by us) should be to the main index page of our website and/or app. Furthermore, the content of such links, whether graphic or text should not be misleading, false, derogatory or in any other way offensive.

A7.7 The restriction on “deep linking” does not apply to affiliate partners or other partners who wish to send users directly to a particular section or page.

 

A8. Copyright

A8.1 All content, databases, graphics, buttons, icons, logos, layouts and look & feel are our copyright, unless expressly acknowledged as otherwise.

A8.2 The data mining, extraction or utilisation of product information from our website and/or app is not permitted without our express prior written permission.

 

A9. User Generated Content

A9.1 Where the facility exists you may provide reviews or public feedback on the website and/or app, also known as user-generated content.

A9.2 Where the facility exists such user-generated content can be provided in different formats and mediums; text, audio, video and still photographs.

A9.3 As part of providing this content to us you agree to grant us a worldwide, irrevocable, non-exclusive and royalty-free license to use, distribute, edit, translate and repurpose such content, as we require, including sub-licensing to other parties.

A9.4 Such content shall not infringe the intellectual property rights of any other party. Furthermore the content shall not be illegal or capable of breaching the laws of any jurisdiction in which it may be displayed.

A9.5 We reserve the right to remove any content, which breaches or risks breaching these terms and conditions.

A9.6 However, we shall not assume any responsibility for auditing or monitoring any user generated content.

A9.7 Any complaints about such content by rights holders or any user or visitor to our website and/or app should be directed to us using our contact details listed at the end of these terms and conditions.

 

A10. Limitations and Exclusions of Liability

A10.1 Where content and information is provided on the website and/or app without charge we exclude all liability for such content and information.

A10.2 All business losses (including, but not limited to) loss of profits, income, revenue, damage to goodwill, loss of other commercial contracts, other commercial opportunities are all excluded.

A10.3 All indirect, consequential or special losses or damage are all excluded.

A10.4 All other losses or damages not reasonably foreseeable at the time of the contract between you and us are also excluded.

A10.5 All losses relating to the loss or corruption of data, databases, systems, software or hardware are all excluded.

A10.6 These terms and conditions do not exclude or limit liability for death or personal injury caused by you or us.

A10.7 These terms and conditions do not exclude or limit liability for fraud or fraudulent misrepresentation caused by you or us.

A10.8 These terms and conditions do not exclude or limit liability where this conflicts with the applicable law for this jurisdiction.

 

A11. Indemnity

By your use of our website and/or app you hereby indemnify us and undertake to keep us indemnified at all times now and in the future against all possible claims relating to any breach of these terms and conditions by you. Such indemnities to include, (but not be limited to) all costs legal and otherwise, all other expenses, damages or settlements arising from your breach of these terms and conditions.

 

 

A12. Variation

We reserve the right to vary these terms & conditions at any time, without giving notice to you. Such varied terms and conditions shall automatically apply to the use of our website and/or app from the date of publication on our website and/or app.

 

A13. Assignment

We reserve the right to assign our rights and also our obligations under these terms and conditions, without giving notice to you. This right of assignment shall only apply to us and shall not apply to you in any way.

 

A14. Severability

The paragraphs, sub-paragraphs and clauses of these Terms & Conditions shall be read and construed independently of each other. Should any part of these Terms & Conditions or paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.

 

A15. Waiver

Failure by us to enforce any accrued rights under these terms & conditions is not to be taken as or deemed to be a waiver of those rights by us unless we acknowledge the waiver in writing.

 

A16. Third Parties

These terms and conditions are between you and us. They do not apply to, or benefit any third party and are not reliant on any third party.

 

 

A17. Entire Terms & Conditions

These terms & conditions set out the entire agreement and understanding between you and us.

 

 

A18. The Consumer Rights Act 2015

These Terms & Conditions are specifically written in accordance with the Consumer Rights Act 2015. Should these Terms & Conditions conflict with the Act, the Consumer Rights Act 2015 shall prevail and apply.

 

A19. Your Statutory Rights

Where acting as a consumer your statutory rights are unaffected.

 

A20. Jurisdiction

These terms & conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.

 

 

PART B: Jet-Pooler and Flight Director Terms and Conditions

 

B1. Our Website and App

Use of this website and/or app provided by Flight Director Limited, ("Us") by you, your business, officers and employees, ("You") and any service contained within constitutes acceptance of these Terms & Conditions.

 

B2. This Service

The Flight Director website and/or app (Service) is provided by Flight Director Limited (us, we) to you. Your use of this Service and any additional services introduced by us and contained within constitutes acceptance by you of these Terms & Conditions.

 

B3. Customer Use and Eligibility

B3.1 You should always check the contact information you provide is correct before creating a customer account or proceeding to payment. 

B3.2 Our Service and website and/or app is only intended for use by persons as defined as those aged 16 years of age or over and who have sufficient capacity to enter into a binding agreement.

B3.3 You must be a minimum age of 16 years of age to register on and use the

Service and website and/or app. By registering and using the Service and website and/or app you warrant that you are 16 years of age or older and understand your obligations under these Terms & Conditions.

 

B3.4 You must be a minimum age of 18 years of age to register and perform the role of ‘Flight Director’ and use the related Service and website and/or app. By registering and using the ‘Flight Director’ Service and website and/or app you warrant that you are 18 years of age or older and understand your obligations under these Terms & Conditions.

 

B4. Registration and Account Integrity

B4.1 As part of the registration process you will need to create an account, including a username & password. It is your responsibility to ensure that the information you provide is accurate, not misleading and relates to you. You cannot create an account or username & password using the names and information of another person or using words that are the trademarks or the property of another party (including ours), or vulgar, obscene or in any other way inappropriate. We reserve the right with or without notice to suspend or terminate any account in breach.

B4.2 Where we provide an organisation with a number of user licenses for the Service these must be adhered to. User licenses cannot be shared between users. A breach of this clause will result in termination of the abused accounts and/or all accounts provided to the organisation.

B4.3 You are responsible for maintaining your own username and password via our website and/or app. You should ensure that you store your username and password securely and that the details required to access your customer account are not provided to another party.

B4.4 You are responsible for your customer account and any actions taken within it. If you are aware or suspect that your customer account username and password or other details have become known to a third-party, you should inform us immediately. Please note that we never contact users requesting them to confirm their username & password or other details.

 

B5. Pricing, Plans and Features

B5.1 We make every effort to ensure that the pricing displayed on our website and/or app is correct. However, if an error in the pricing of a product, service, subscription or plan is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable).

B5.2 We reserve the right to alter all product, service subscription or plan pricing and features without notice.

 

B6. Payment and Credit Control

B6.1 Our website and/or app provides two options to facilitate payment of an aircraft charter flight. The first option is to not use Flight Director Limited in any capacity to facilitate payment but instead for a group of passengers to organise payment directly with an Aircraft Charter Operator and/or Aircraft Charter Broker and therefore independently of any payment service provided by Flight Director Limited. The second option is to employ Flight Director Limited to facilitate the ‘pooling’ of all payments by all passengers in a specific group and then employ Flight Director Limited to transfer these payments to a groups’ chosen Aircraft Charter Broker and/or Aircraft Charter Operator. THE SECOND OPTION INCURS A 5% CONVENIENCE CHARGE WHICH IS LEVIED BY FLIGHT DIRECTOR LIMITED ON EACH PASSENGER WITHIN A SPECIFIC GROUP.

B6.2 All passengers (Flight Director and Jet-Poolers) wishing to travel on a specific charter flight must use the same option for payment when booking that specific charter flight. (i.e. some passengers employing the services of Flight Director Limited for payment and some passengers making payment directly to the Aircraft Charter Operator and/or Aircraft Charter Broker for a specific charter flight is not permissible).

B6.3 If all passengers (Flight Director and Jet-Poolers) booking a specific charter flight opt to pay for their share of that specific charter flight directly to an Aircraft Charter Operator and/or Aircraft Charter Broker then the service provided by Flight Director Limited is completely complementary and without charge.

B6.4 If all passengers (Flight Director and Jet-Poolers) booking a specific charter flight opt to pay for their share of that specific charter flight by employing the services of Flight Director Limited then the payment service provided by Flight Director Limited will be subject to a ‘convenience charge’.

B6.5 The ‘convenience charge’ levied by Flight Director Limited is intended to be a non-profit making charge which will be reviewed at regular intervals with the aim of reducing this charge to a minimum level.

B6.6 THE ‘CONVENIENCE CHARGE’ LEVIED BY FLIGHT DIRECTOR LIMITED IS CALCULATED AS 5% OF THE AMOUNT A PARTICULAR PASSENGER (FLIGHT DIRECTOR AND/OR JET-POOLERS) IS PAYING FOR THEIR PARTICULAR SHARE OF A SPECIFIC CHARTER FLIGHT.

B6.7 Flight Director Limited provides a payment service whereby all passengers in a specific group can pay for their share of a specific charter flight through Flight Director Limited. Flight Director Limited will ‘pool’ all payments from a specific group and only when all payments from a specific group are received will Flight Director Limited obtain a final confirmation from all passengers in the specific group before transferring the funds to the groups’ chosen Aircraft Charter Broker and/or Aircraft Charter Operator (minus the ‘convenience charge’).

B6.8 The nominated ‘Flight Director’ for a specific flight will pay an amount for their share of that specific flight that equates to one half of the amount the other passengers (Jet-Poolers) are paying for their share of that specific charter flight. Therefore, the Jet-Poolers individual share for a specific charter flight will equate to double the amount of the Flight Director’s share for that specific flight. Any additional expenses incurred after the confirmation of the charter flight booking will be divided equally between all passengers (Flight Director and Jet-Poolers) for that specific flight.

B6.9 All passengers (Jet-Poolers) booking a specific charter flight agree that the nominated Flight Director for that specific charter flight will pay an amount that equates to one half the amount of their individual shares for that specific charter flight.

B6.10 The payment amount of the share of a ‘minor’ for a specific charter flight will be equal and therefore the same amount of an individual share of the other passengers (Jet-Poolers), excluding the Flight Director, on that specific charter flight. This is valid even if the ‘minor’ is linked to the account of the nominated Flight Director for that specific charter flight.

B6.11 Flight Director Limited will not transfer any funds to an Aircraft Charter Operator and/or Aircraft Charter Broker unless all passengers (Flight Director and Jet-Poolers) booking a specific charter flight have had their payment method successfully actioned. If any passenger(s) payment is not received then no payments will be transferred to their chosen Aircraft Charter Operator and/or Aircraft Charter Operator and the flight booking process will not be confirmed. Payments will be returned to all passengers who had successfully actioned their payment, minus the convenience charge and any bank charges incurred by Flight Director Limited when processing this refund.

B6.12 Where a payment request is made by us and is declined (for whatever reason) access to your account or accounts may be suspended immediately until such time as a valid payment has been processed and a valid payment method is added to your account or accounts.

 

B7. Your Order

B7.1 When you place an order you will receive a confirmation email from us to confirm your order. Your order constitutes an offer made to us to purchase a product or service.

B7.2 Your offer is only accepted by us once we have emailed you to confirm the creation of your account and your username & password details and the product or service has been provided to you.

B7.3 Product or service items not included within your account email are not included in the order and contract between you and us.

B7.4 We reserve the right to delay or refuse orders where a transaction contains incomplete details or details that cannot be verified or where fraud is suspected.

 

B8. Cancellation Rights and Refunds 

B8.1 You may cancel your account or accounts at any time.

B8.2 Cancellation should be done using the facility provided.

B8.3 Cancellation by any other means, including (but not limited to) email, telephone call, fax, text or instant message is not valid.

B8.4 The ‘convenience charge’ is a non-refundable charge.

B8.5 Flight Director Limited accepts no responsibility or liability for payments which do not use our payment facility and are therefore made directly to Aircraft Charter Operators and/or Aircraft Charter Brokers.

B8.6 Any payments made for a charter flight through our payment facility which have subsequently been transferred (after the consent of all passengers in a specific group) to a groups’ chosen Aircraft Charter Operator and/or Aircraft Charter Broker are not refundable by Flight Director Limited. Customers must consult their chosen Aircraft Charter Operators’ and/or Aircraft Charter Brokers’ refund and cancellation policy.

 

B9. Upgrading or Downgrading Accounts

B9.1 Users have the ability to upgrade or downgrade their accounts and the services offered at any time.

B9.2 Where an account is downgraded the applicable user will be responsible for all the data within the account and any loss of data caused by the downgrading and removal of any service within the account connected to the downgrade.

B9.3 Users should backup and download their data prior to requesting a downgrade in service.

 

B10. Technical Support

B10.1 Technical support is provided via email and such other means as we decide in order to provide a proper service to users.

B10.2 We reserve the right not to provide a full technical support service to free or trial account users.

 

B11. Content Submission

B11.1 Where we allow content submission to the website and/or app by users the views expressed by any user on the website are their own and not those of Flight Director Limited.

B11.2 As a user you agree not to do any of the following:

B11.2.1 Abuse, harass, threaten, stalk, defame or in any way seek to violate the rights of another user or third-party.

B11.2.2 Publish or seek to distribute any material or information that is unlawful, harmful, obscene, indecent, libellous, profane, defamatory, racist, or in any other way inappropriate or objectionable.

B11.2.3 Use or harvest data provided by other users in a way that they would object to.

B11.2.4 Use data provided by other users for purposes other than contacting them via the Service and website and/or app.

B11.2.5 Contact other users in ways they may find inappropriate.

B11.2.6 Encourage illegal activity or activity that violates the rights of other users or third parties, whether individuals or organisations.

B11.2.7 Supply or post content calculated to deliberately mislead other users or third parties, including content falsely made to appear from or be endorsed by us.

B11.2.8 To pose as another user, third-party or organisation or one of our employees for the purposes of obtaining user or third-party information.

B11.2.9 To transmit or transfer any viruses, trojans, worms or any other malicious programs or code intended to spy on, gain control over, disrupt, destroy or in any other way impair any computer hardware or software or any other equipment.

B11.2.10 Attempt to gain access to our servers or other equipment in order to disrupt, impair, overload or otherwise hinder or compromise the safety, security or privacy of any of the services provided by or relied upon by us and other users.

B11.2.11 Reframe, repurpose the website and/or app or any content on it or remove or obscure any notices or advertising provided by us on the website and/or app.

B11.2.12 Load or provide access to content on the website and/or app or link to other content from the website and/or app, which infringes the trademark, patent, trade secret or any other proprietary right of a third-party or infringes any intellectual property law.

B11.2.13 Make commercial posts or comment spam or attempt to disguise such spam as content.

B11.2.14 Send junk or spam email or emails or posts promoting pyramid schemes, chain letters or any other activity that invites users and others to participate in wasting their time and/or money.

B11.2.15 Use any robot, spider, scraper or other technical means to access the website and/or app or content on the website and/or app.

B11.3 If you breach these Terms and Conditions by sending any unsolicited bulk email, (spam) or any other bulk communications to users your actions will cause harm to us and our website and/or app. Such harm is difficult to quantify and as such you agree to pay us the sum of £50 for each and every individual email or other communication sent to a user or third-party.

B11.4 The above list is not intended to be exhaustive. We reserve the right to remove (with or without notice) any content and suspend or terminate (with or without notice) the account of any user who in our sole judgment is in breach of these Terms and Conditions.

 

B12. Content Ownership

B12.1 As a user you retain all ownership rights to content provided by you.

B12.2 By submitting, posting or displaying your content on the website and/or app you agree to grant a non-exclusive royalty-free licence to us to use, modify, publicly perform, publicly display, reproduce and distribute such content on the website and/or app. This allows us to place your content on the website and/or app and let all users view your content. It also allows us to compress or alter the size of any files you may post onto the Site to ensure that they can be readily displayed for other users.

B12.3 As this is a non-exclusive licence you as a user are free to provide your content to other websites or other parties, without restriction.

B12.4 This licence is also royalty-free, which means that the content is provided free of charge to us and we will not pay for the content or account for any advertising revenue generated on the website and/or app or on any specific content pages.

B12.5 This licence is also sub-licensable, which means that our partners and affiliates can also use the content.

B12.6 This licence also applies worldwide because the website and/or app can be accessed from anywhere in the world, at any time.

B12.7 Also as part of the licence you warrant that any content provided by you does not belong to a third-party whose rights have been violated by the content being posted on to the website and/or app. Furthermore, if any content is owned by a third-party you agree to pay all royalties owed to that party, without seeking any contribution from us.

 

B13. Copyrighted Material

B13.1 We do not condone or encourage in any way the posting of copyrighted or proprietary content or information by any users who are not the legal owners of such content.

B13.2 Where notified of such breaches by the owner of such content we will remove the content from the Service and website and/or app as soon as practicable. But only where we can reasonably ascertain the true owner of such content.

B13.3 If as the owner of such content you believe that your rights have been infringed you should contact us as soon as possible and provide all relevant information in writing.

 

B14. Content Monitoring

Users can freely add content to the website and/or app and Service. We do not monitor or assume any responsibility for content posted onto the website and/or app and Service. If at any time we decide to monitor the website and/or app and Service on any occasion it does not mean that we assume responsibility for removing any content or the conduct of any users at the time or in the future.

 

B15. Specific Service and Website and/or App Rules

B15.1 No user will use the Service and website and/or app to act in the capacity or on behalf of an Aircraft Charter Operator and/or an Aircraft Charter Broker or attempt to profit in any form from the Service and website and/or app.

B15.2 ‘Flight Plans’ created by users are not existing flight schedules but instead are proposed private charter flight itineraries.

B15.3 A user shall not create a ‘Flight Plan’ for a flight which already exists with the intention of selling any spare seats on the existing flight.

B15.4 A user who creates a ‘Flight Plan’ for a specific flight will have the genuine intention to travel on that specific flight, subject to the information available at the time of the creation of the ‘Flight Plan’.

B15.5 A user that views a specific ‘Flight Plan’ will automatically be listed as a ‘Spotter’ on that specific ‘Flight Plan’.

B15.6 A user that selects ‘Follow’ for a specific ‘Flight Plan’ will be listed as ‘Holding’ on that specific ‘Flight Plan’.

B15.7 A user that selects ‘Ready to Fly’ for a specific ‘Flight Plan’ will be listed as ‘Ready to Fly’ on that specific ‘Flight Plan’ and must have the genuine intention to travel on that specific flight, subject to the information available at the time of making this selection.

B15.8 A user who nominates themselves as the ‘Flight Director’ for a specific ‘Flight Plan’ must have the genuine intention to complete their booking process in full for that specific ‘Flight Plan’, which includes completing their payment, and must have the genuine intention to travel on that specific flight, subject to the information available at the time of nominating themselves as the ‘Flight Director’ for that specific ‘Flight Plan’.

B15.9 A user who nominates themselves as the ‘Flight Director’ for a specific ‘Flight Plan’ agrees to perform the Flight Director Role with honesty, integrity and to the best of their ability.

B15.10 All charter flight quotes that a ‘Flight Director’ enters in the ‘Flight Director Console’ for a specific ‘Flight Plan’ must only be obtained from an Aircraft Charter Operator and/or Aircraft Charter Broker that have their company details listed on our website and/or app.

B15.11 All information that the ‘Flight Director’ for a specific ‘Flight Plan’ enters in the ‘Flight Director Console’ for that specific charter flight will be accurate, genuine and truthful.

B15.12 The ‘Flight Director’ for a specific ‘Flight Plan’ will only add and/or remove passengers (Jet-Poolers) to and/or from a ‘Virtual Departure Lounge’ for that specific ‘Flight Plan’ if they have a genuine and justifiable reason to do so.

B15.13 The obligation of the ‘Flight Director’ for a specific ‘Flight Plan’ to complete their ‘Task List’ ceases when the charter flight booking process is completed and the chosen Aircraft Charter Operator and/or Aircraft Charter Broker has confirmed the charter flight booking.

B15.14 All users who declare and/or add ‘minor(s)’ to their account will be the parent or legal guardian of those ‘minor(s)’.

B15.15 All ‘minors’ confirmed on a charter flight booking will have a passenger seat available to them.

B15.16 The information that any user displays on their ‘Profile Page’ can be viewed by any other user.

B15.17 The information that any user enters into their account (i.e. not their ‘Profile Page’) cannot be viewed by any other user without prior consent from the user whose information is the subject in question.

B15.18 All users can view the information displayed on any Aircraft Charter Operator and/or Aircraft Charter Broker ‘Profile Page’.

B15.19 All passengers (Flight Director and Jet-Poolers) for a specific charter flight who confirm their personal details via the ‘Confirm Details’ page on our website and/or app for that specific charter flight will agree to share those personal details with the chosen Aircraft Charter Operator and/or Aircraft Charter Broker for that specific charter flight.

B15.20 All listed Aircraft Charter Brokers on our website and/or app will only employ the flight services of Aircraft Charter Operators who possess a valid Air Carriers Certificate (e.g. Air Operators Certificate, Part 135 Certification or equivalent certification) which allows the Aircraft Charter Operator to operate on-demand charter flights in the countries and/or regions for which their services have been employed.

B15.21 All listed Aircraft Charter Operators on our website and/or app will possess a valid Air Carriers Certificate (e.g. Air Operators Certificate, Part 135 Certification or equivalent certification) which allows the Aircraft Charter Operator to operate on-demand charter flights in the countries and/or regions in which they offer and provide their services.

B15.22 All listed Aircraft Charter Operators on our website and/or app will display their valid Air Carriers Certificate number and a copy of their valid Air Carriers Certificate on their ‘Profile Page’.

 

B16. Suspensions or Termination

B16.1 We reserve the right to remove (with or without notice) content and suspend or terminate (with or without notice) the account of any user who in our sole judgment is in breach of these Terms and Conditions.

 

B16.2 If a customer account is suspended the suspension the length of the suspension period and any reactivation will be at our sole discretion.

B16.3 We may terminate your user account and all content and materials associated with it at any time where these Terms & Conditions have been breached. Such termination can be with or without notice. As a user you can choose to terminate your account at any time (subject to any payment plan entered into) and are free to remove any content you have created on termination.

B16.4 On termination any content or data in your account will be deleted.

B16.5 Various clauses within these Terms & Conditions are designed to survive and continue after termination, including (but not limited to) clauses B11 and B21.

 

B17. Access and Backups

B17.1 We take all reasonable steps to ensure the website and/or app is available and functioning fully at all times. However, we do not accept any responsibility for "down-time" or poor performance of our fileservers or where the website and/or app or any associated service is unavailable for any reason, whether within or outside our direct control.

B17.2 You are solely responsible for backing up any content or data entered onto the Service and website and/or app by you. We strongly recommend that you regularly and completely backup all of your content and data on the Service and website and/or app.

 

B18. Disclaimer

B18.1 We are not responsible for the accuracy of any content on the Service and website and/or app nor any advertisements placed on the Service and website and/or app.

B18.2 We are not responsible for any links to third-party websites from our Service and website and/or app and the inclusion of any link does not imply an endorsement of a third-party website or service by us.

 

B19. Customer Complaints

We endeavour to respond to all customer complaints or queries within five working days.

 

B20. Limitation of Liability

B20.1 We shall be not be liable to you in contract, tort, or otherwise (including negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise for any loss of business, contracts, profits, damage to goodwill or anticipated savings or for any indirect or consequential or loss whatsoever.

B20.2 We shall not be liable for any indirect, consequential, exemplary, incidental, special or punitive damages, including loss of profit.

B20.3 Nothing in this Agreement shall exclude or limit liability for death or personal injury resulting from the negligence of either party or their servants, agents or employees.

B20.4 In any event our liability and that of our employees, officers and third- party partners shall be limited in any 12 month period to the total Service fees incurred by you in relation to the matter subject to the liability or to a payment of £100, whichever is the greater sum.

 

B21. Indemnity

You agree to indemnify and hold us and our subsidiaries, affiliates and partners and their respective officers and employees harmless from any loss, fines, fees, liability or claim made by any third-party arising from your breach of these Terms & Conditions whilst using the Service and website and/or app or any other service provided by us.

 

B22. Privacy

We take your privacy seriously. We are registered under and comply with the Data Protection Act 2018 and the General Data Protection Regulation (GDPR). For further details please see our Privacy Policy.

 

B23. Events Outside our Control

We shall not be liable for delay or failure to perform any obligation under these Terms & Conditions if the delay or failure is caused by any circumstances beyond our reasonable control, including, but not limited to, acts of god, war, civil disorder or industrial dispute.

 

B24. Licence

B24.1 We grant you a licence to access the content, information and services contained within our website and/or app for business use only.

B24.2 This licence allows you to download and cache (using your browser) individual pages from our website and/or app.

B24.3 This licence does not allow you to make our website and/or app available via an intranet, where our website and/or app or a substantial part of it is hosted locally on the intranet in question.

B24.4 Our website and/or app design, layout, content or text cannot be copied, edited or otherwise manipulated without our express prior written permission.

B24.5 Our website and/or app cannot be placed within the frameset of another website.

B24.6 Third parties are not allowed to “deep link” to pages within our website and/or app, without our express prior written permission. All links (unless expressly permitted by us) should be to the main index page of our website and/or app. Furthermore, the content of such links, whether graphic or text should not be misleading, false, derogatory or in any other way offensive.

B24.7 The restriction on “deep linking” does not apply to affiliate partners who wish to send customers directly to a particular page or product in order to increase their affiliate sales.

 

B25 Copyright

B25.1 All content, databases, graphics, buttons, icons, logos, layouts and look & feel are the copyright of Flight Director Limited, unless expressly acknowledged as otherwise or provided by a user as part of content submission.

B25.2 The data mining, extraction or utilisation of product information from our website and/or app is not permitted without our express prior written permission.

 

B26. Reasonably Foreseeable Losses

B26.1 We will be liable for any losses incurred by you due to breaches of these Terms & Conditions by us, where such losses were reasonably foreseeable at the time the contract was made. 

B26.2 All business, indirect or consequential losses not reasonably foreseeable at the time of the contract between you and us are excluded.

B26.3 We do not exclude or limit liability for death or personal injury caused by the negligence or breach of duty by employees, our officers or us.

 

B27. Severability

The paragraphs, sub-paragraphs and clauses of these Terms & Conditions shall be read and construed independently of each other. Should any part of these Terms & Conditions or paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.

 

B28. Waiver

Failure by us to enforce any accrued rights under these Terms & Conditions is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.

 

B29. The Consumer Rights Act 2015

These Terms & Conditions are specifically written in accordance with the Consumer Rights Act 2015. Should these Terms & Conditions conflict with the Act, the Consumer Rights Act 2015 shall prevail and apply.

 

B30. Your Statutory Rights

Where acting as a consumer your statutory rights are unaffected.

 

B31. Entire Terms & Conditions

These Terms & Conditions set out the entire agreement and understanding between you and us. We reserve the right to change these Terms & Conditions at any time, without giving notice.

 

B32. Jurisdiction

These Terms & Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts. Where applicable your statutory rights are unaffected.

 

 

PART C: Aircraft Charter Broker and Aircraft Charter Operator

Terms and Conditions

 

C1. Our Website and App

Use of this website and/or app provided by Flight Director Limited, ("Us") by you, your business, officers and employees, ("You") and any service contained within constitutes acceptance of these Terms & Conditions.

 

C2. This Service

The Flight Director website and/or app (Service) is provided by Flight Director Limited (us, we) to you. Your use of this Service and any additional services introduced by us and contained within constitutes acceptance by you of these Terms & Conditions.

 

C3. Customer Use and Eligibility

C3.1 You should always check the contact information you provide is correct before creating a customer account or proceeding to payment. 

C3.2 Our Service and website and/or app is only intended for use by persons as defined as those aged 18 years of age or over and who have sufficient capacity to enter into a binding agreement.

C3.3 You must be a minimum age of 18 years of age to register on and use the

Service and website and/or app. By registering and using the Service and website and/or app you warrant that you are 18 years of age or older and understand your obligations under these Terms & Conditions.

 

C4. Registration and Account Integrity

C4.1 As part of the registration process you will need to create an account, including a username & password. It is your responsibility to ensure that the information you provide is accurate, not misleading and relates to you. You cannot create an account or username & password using the names and information of another person or using words that are the trademarks or the property of another party (including ours), or vulgar, obscene or in any other way inappropriate. We reserve the right with or without notice to suspend or terminate any account in breach.

C4.2 Where we provide an organisation with a number of user licenses for the Service these must be adhered to. User licenses cannot be shared between users. A breach of this clause will result in termination of the abused accounts and/or all accounts provided to the organisation.

C4.3 You are responsible for maintaining your own username and password via our website. You should ensure that you store your username and password securely and that the details required to access your customer account are not provided to another party.

C4.4 You are responsible for your customer account and any actions taken within it. If you are aware or suspect that your customer account username and password or other details have become known to a third-party, you should inform us immediately. Please note that we never contact users requesting them to confirm their username & password or other details.

 

C5. Pricing, Plans and Features

C5.1 We make every effort to ensure that the pricing displayed on our website and/or app is correct. However, if an error in the pricing of a product, service, subscription or plan is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable).

C5.2 We reserve the right to alter all product, service subscription or plan pricing and features without notice.

 

C6. Payment and Credit Control

C6.1 All services are billed monthly in advance.

C6.2 Our website payment gateway is powered by Stripe.

C6.3 Flight Director Limited does not save or retain or distribute any payment card details that have been entered into our payment gateway.

C6.4 Three subscription packages are available to Aircraft Charter Operators and Aircraft Charter Brokers.

C6.5 If you upgrade from a free or trial account you will be immediately charged for the necessary full account or accounts. Your monthly payment will be due from that date each month onwards.

C6.6 Where the Service has been paid for 12 months in advance, (where this option is offered by us) payment will be taken in full on each anniversary.

C6.7 It is a condition of use that a valid debit or credit card (or other valid payment method accepted by us) is provided at all times in order for your account or accounts to remain active.

C6.8 Where a payment request is made by us and is declined (for whatever reason) access to your account or accounts may be suspended immediately until such time as a valid payment has been processed and a valid payment method is added to your account or accounts.

C6.9 Our website and/or app provides two options to facilitate payment of an aircraft charter flight. The first option is to not use Flight Director Limited in any capacity to facilitate payment but instead for a group of passengers to organise payment directly with an Aircraft Charter Operator and/or Aircraft Charter Broker and therefore independently of any payment service provided by Flight Director Limited. The second option is to employ Flight Director Limited to facilitate the ‘pooling’ of all payments by all passengers in a specific group and then employ Flight Director Limited to transfer these payments to a groups’ chosen Aircraft Charter Broker and/or Aircraft Charter Operator. THE SECOND OPTION INCURS A 5% CONVENIENCE CHARGE WHICH IS LEVIED BY FLIGHT DIRECTOR LIMITED ON EACH PASSENGER WITHIN A SPECIFIC GROUP.

C6.10 All passengers (Flight Director and Jet-Poolers) wishing to travel on a specific charter flight must use the same option for payment when booking that specific charter flight. (i.e. some passengers employing the services of Flight Director Limited for payment and some passengers making payment directly to the Aircraft Charter Operator and/or Aircraft Charter Broker for a specific charter flight is not permissible).

C6.11 If all passengers (Flight Director and Jet-Poolers) booking a specific charter flight opt to pay for their share of that specific charter flight directly to an Aircraft Charter Operator and/or Aircraft Charter Broker then the service provided by Flight Director Limited is completely complementary and without charge.

C6.12 If all passengers (Flight Director and Jet-Poolers) booking a specific charter flight opt to pay for their share of that specific charter flight by employing the services of Flight Director Limited then the payment service provided by Flight Director Limited will be subject to a ‘convenience charge’.

C6.13 The ‘convenience charge’ levied by Flight Director Limited is intended to be a non-profit making charge which will be reviewed at regular intervals with the aim of reducing this charge to a minimum level.

C6.14 THE ‘CONVENIENCE CHARGE’ LEVIED BY FLIGHT DIRECTOR LIMITED IS CALCULATED AS 5% OF THE AMOUNT A PARTICULAR PASSENGER (FLIGHT DIRECTOR AND/OR JET-POOLERS) IS PAYING FOR THEIR PARTICULAR SHARE OF A SPECIFIC CHARTER FLIGHT.

C6.15 Flight Director Limited provides a payment service whereby all passengers in a specific group can pay for their share of a specific charter flight through Flight Director Limited. Flight Director Limited will ‘pool’ all payments from a specific group and only when all payments from a specific group are received will Flight Director Limited obtain a final confirmation from all passengers in the specific group before transferring the funds to the groups’ chosen Aircraft Charter Broker and/or Aircraft Charter Operator (minus the ‘convenience charge’).

C6.16 The nominated ‘Flight Director’ for a specific flight will pay an amount for their share of that specific flight that equates to one half of the amount the other passengers (Jet-Poolers) are paying for their share of that specific charter flight. Therefore, the Jet-Poolers individual share for a specific charter flight will equate to double the amount of the Flight Director’s share for that specific flight. Any additional expenses incurred after the confirmation of the charter flight booking will be divided equally between all passengers (Flight Director and Jet-Poolers) for that specific flight.

C6.17 All passengers (Jet-Poolers) booking a specific charter flight agree that the nominated Flight Director for that specific charter flight will pay an amount that equates to one half the amount of their individual shares for that specific charter flight.

C6.18 The payment amount of the share of a ‘minor’ for a specific charter flight will be equal and therefore the same amount of an individual share of the other passengers (Jet-Poolers), excluding the Flight Director, on that specific charter flight. This is valid even if the ‘minor’ is linked to the account of the nominated Flight Director for that specific charter flight.

C6.19 Flight Director Limited will not transfer any funds to an Aircraft Charter Operator and/or Aircraft Charter Broker unless all passengers (Flight Director and Jet-Poolers) booking a specific charter flight have had their payment method successfully actioned. If any passenger(s) payment is not received then no payments will be transferred to their chosen Aircraft Charter Operator and/or Aircraft Charter Operator and the flight booking process will not be confirmed. Payments will be returned to all passengers who had successfully actioned their payment, minus the convenience charge and any bank charges incurred by Flight Director Limited when processing this refund.

 

C7. Your Order

C7.1 When you place an order you will receive a confirmation email from us to confirm your order. Your order constitutes an offer made to us to purchase a product or service.

C7.2 Your offer is only accepted by us once we have emailed you to confirm the creation of your account and your username & password details and the product or service has been provided to you.

C7.3 Product or service items not included within your account email are not included in the order and contract between you and us.

C7.4 We reserve the right to delay or refuse orders where a transaction contains incomplete details or details that cannot be verified or where fraud is suspected.

C7.5 If we are unable to reasonably ascertain these details or resolve these issues a full refund will be made against the card used at the time of purchase. No other form of refund or credit will be offered nor will a refund be made to any third-party card or account.

 

C8. Subscription Period & Free Trials

C8.1 After satisfactory payment of the subscription fees and supply by us of your username & password you will have access to the Service and website and/or app, and the products and services provided by the Service and website and/or app for your subscription period.

C8.2 To avoid any disruption of service your subscription will automatically renew at the end of each subscription period.

C8.3 For annual subscriptions you will automatically receive an email notification before your subscription expires notifying you of your forthcoming renewal and providing details of how to cancel your renewal.

C8.4 Where we are unable to renew your subscription we will automatically suspend or downgrade your account and notify you via email and allow you to update your payment details or take out a new subscription. Please note in this instance you may lose any previous discount or special offer related to your previous subscription.

C8.5 Trial or offer periods are offered at our sole discretion and are subject to withdrawal at any time and without notice.

C8.6 Only one person may use a single free or trial account, the account cannot be shared amongst multiple individuals.

C8.7 These Terms and Conditions apply to all trial or offer-period accounts.

 

C9. Cancellation Rights, Defects and Refunds

C9.1 You may cancel your account or accounts at any time.

C9.2 As this is a business-to-business transaction no right of cancellation exists under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

C9.3 Cancellation should be done using the facility provided.

C9.4 Cancellation by any other means, including (but not limited to) email, telephone call, fax, text or instant message is not valid.

C9.5 Full or partial refunds will only be given where the product or service provided by us is found to be defective.

C9.6 Refunds will not be given where we are unable to replicate the issue or the issue stems from the user or their equipment.

C9.7 In the case of a defective service we reserve the right to offer an additional free period of service or issue a partial or full refund at our sole discretion.

C9.8 Where a refund is offered and accepted by you it will be made within seven working days of receiving your acceptance of a refund.

C9.9 The ‘convenience charge’ is a non-refundable charge.

C9.10 Flight Director Limited accepts no responsibility or liability for payments which do not use our payment facility and are therefore made directly to Aircraft Charter Operators and/or Aircraft Charter Brokers.

C9.11 Any payments made for a charter flight through our payment facility which have subsequently been transferred (after the consent of all passengers in a specific group) to a groups’ chosen Aircraft Charter Operator and/or Aircraft Charter Broker are not refundable by Flight Director Limited. Customers must consult their chosen Aircraft Charter Operators’ and/or Aircraft Charter Brokers’ refund and cancellation policy.

 

C10. Upgrading or Downgrading Accounts

C10.1 Users have the ability to upgrade or downgrade their accounts and the services offered at any time.

C10.2 Where an account is downgraded the applicable user will be responsible for all the data within the account and any loss of data caused by the downgrading and removal of any service within the account connected to the downgrade.

C10.3 Users should backup and download their data prior to requesting a downgrade in service.

C10.4 No refunds will be offered for downgraded monthly accounts that have been downgraded before the monthly charge is due on the account. The new lower monthly charge will be automatically applied on the usual date of the monthly charge.

C10.5 Where an account is upgraded the new higher monthly charge will be automatically applied on the next usual date of the monthly charge.

C10.6 In the case 12-month accounts (when offered) a partial refund will be offered for all complete remaining months of the service where the user downgrades the account. No refund will be offered for days remaining in the month of the downgrade.

C10.7 Where a 12-month account is upgraded the increased charge will be applied immediately to the account for the additional amount due until the anniversary date.

 

C11. Technical Support

C11.1 Technical support is provided via email and such other means as we decide in order to provide a proper service to users.

C11.2 We reserve the right not to provide a full technical support service to free or trial account users.

 

C12. Content Submission

C12.1 Where we allow content submission to the website and/or app by users the views expressed by any user on the website are their own and not those of Flight Director Limited.

C12.2 As a user you agree not to do any of the following:

C12.2.1 Abuse, harass, threaten, stalk, defame or in any way seek to violate the rights of another user or third-party.

C12.2.2 Publish or seek to distribute any material or information that is unlawful, harmful, obscene, indecent, libellous, profane, defamatory, racist, or in any other way inappropriate or objectionable.

C12.2.3 Use or harvest data provided by other users in a way that they would object to.

C12.2.4 Use data provided by other users for purposes other than contacting them via the Service and website and/or app.

C12.2.5 Contact other users in ways they may find inappropriate.

C12.2.6 Encourage illegal activity or activity that violates the rights of other users or third parties, whether individuals or organisations.

C12.2.7 Supply or post content calculated to deliberately mislead other users or third parties, including content falsely made to appear from or be endorsed by us.

C12.2.8 To pose as another user, third-party or organisation or one of our employees for the purposes of obtaining user or third-party information.

C12.2.9 To transmit or transfer any viruses, trojans, worms or any other malicious programs or code intended to spy on, gain control over, disrupt, destroy or in any other way impair any computer hardware or software or any other equipment.

C12.2.10 Attempt to gain access to our servers or other equipment in order to disrupt, impair, overload or otherwise hinder or compromise the safety, security or privacy of any of the services provided by or relied upon by us and other users.

C12.2.11 Reframe, repurpose the website and/or app or any content on it or remove or obscure any notices or advertising provided by us on the website and/or app.

C12.2.12 Load or provide access to content on the website and/or app or link to other content from the website and/or app, which infringes the trademark, patent, trade secret or any other proprietary right of a third-party or infringes any intellectual property law.

C12.2.13 Make commercial posts or comment spam or attempt to disguise such spam as content.

C12.2.14 Send junk or spam email or emails or posts promoting pyramid schemes, chain letters or any other activity that invites users and others to participate in wasting their time and/or money.

C12.2.15 Use any robot, spider, scraper or other technical means to access the website and/or app or content on the website and/or app.

C12.3 If you breach these Terms and Conditions by sending any unsolicited bulk email, (spam) or any other bulk communications to users your actions will cause harm to us and our website and/or app. Such harm is difficult to quantify and as such you agree to pay us the sum of £50 for each and every individual email or other communication sent to a user or third-party.

C12.4 The above list is not intended to be exhaustive. We reserve the right to remove (with or without notice) any content and suspend or terminate (with or without notice) the account of any user who in our sole judgment is in breach of these Terms and Conditions.

 

C13. Content Ownership

C13.1 As a user you retain all ownership rights to content provided by you.

C13.2 By submitting, posting or displaying your content on the website and/or app you agree to grant a non-exclusive royalty-free licence to us to use, modify, publicly perform, publicly display, reproduce and distribute such content on the website and/or app. This allows us to place your content on the website and/or app and let all users view your content. It also allows us to compress or alter the size of any files you may post onto the Site to ensure that they can be readily displayed for other users.

C13.3 As this is a non-exclusive licence you as a user are free to provide your content to other websites or other parties, without restriction.

C13.4 This licence is also royalty-free, which means that the content is provided free of charge to us and we will not pay for the content or account for any advertising revenue generated on the website and/or app or on any specific content pages.

C13.5 This licence is also sub-licensable, which means that our partners and affiliates can also use the content.

C13.6 This licence also applies worldwide because the website and/or app can be accessed from anywhere in the world, at any time.

C13.7 Also as part of the licence you warrant that any content provided by you does not belong to a third-party whose rights have been violated by the content being posted on to the website and/or app. Furthermore, if any content is owned by a third-party you agree to pay all royalties owed to that party, without seeking any contribution from us.

 

C14. Copyrighted Material

C14.1 We do not condone or encourage in any way the posting of copyrighted or proprietary content or information by any users who are not the legal owners of such content.

C14.2 Where notified of such breaches by the owner of such content we will remove the content from the Service and website and/or app as soon as practicable. But only where we can reasonably ascertain the true owner of such content.

C14.3 If as the owner of such content you believe that your rights have been infringed you should contact us as soon as possible and provide all relevant information in writing.

 

C15. Content Monitoring

Users can freely add content to the website and/or app and Service. We do not monitor or assume any responsibility for content posted onto the website and/or app and Service. If at any time we decide to monitor the website and/or app and Service on any occasion it does not mean that we assume responsibility for removing any content or the conduct of any users at the time or in the future.

 

C16. Specific Service and Website and/or App Rules

C16.1 No user will use the Service and website and/or app in any way to act in the capacity of a passenger (Flight Director and/or Jet-Pooler) for the purpose of promoting the interests of any Aircraft Charter Operator and/or any Aircraft Charter Broker.

C16.2 ‘Flight Plans’ created by users are not existing flight schedules but instead are proposed private charter flight itineraries.

C16.3 A user shall not create a ‘Flight Plan’ for a flight which already exists with the intention of selling any spare seats on the existing flight.

C16.4 A user who creates a ‘Flight Plan’ for a specific flight will have the genuine intention to travel on that specific flight, subject to the information available at the time of the creation of the ‘Flight Plan’.

C16.5 A user that views a specific ‘Flight Plan’ will automatically be listed as a ‘Spotter’ on that specific ‘Flight Plan’.

C16.6 A user that selects ‘Follow’ for a specific ‘Flight Plan’ will be listed as ‘Holding’ on that specific ‘Flight Plan’.

C16.7 A user that selects ‘Ready to Fly’ for a specific ‘Flight Plan’ will be listed as ‘Ready to Fly’ on that specific ‘Flight Plan’ and must have the genuine intention to travel on that specific flight, subject to the information available at the time of making this selection.

C16.8 A user who nominates themselves as the ‘Flight Director’ for a specific ‘Flight Plan’ must have the genuine intention to complete their booking process in full for that specific ‘Flight Plan’, which includes completing their payment, and must have the genuine intention to travel on that specific flight, subject to the information available at the time of nominating themselves as the ‘Flight Director’ for that specific ‘Flight Plan’.

C16.9 A user who nominates themselves as the ‘Flight Director’ for a specific ‘Flight Plan’ agrees to perform the Flight Director Role with honesty, integrity and to the best of their ability.

C16.10 All charter flight quotes that a ‘Flight Director’ enters in the ‘Flight Director Console’ for a specific ‘Flight Plan’ must only be obtained from an Aircraft Charter Operator and/or Aircraft Charter Broker that have their company details listed on our website and/or app.

C16.11 All information that the ‘Flight Director’ for a specific ‘Flight Plan’ enters in the ‘Flight Director Console’ for that specific charter flight will be accurate, genuine and truthful.

C16.12 The ‘Flight Director’ for a specific ‘Flight Plan’ will only add and/or remove passengers (Jet-Poolers) to and/or from a ‘Virtual Departure Lounge’ for that specific ‘Flight Plan’ if they have a genuine and justifiable reason to do so.

C16.13 The obligation of the ‘Flight Director’ for a specific ‘Flight Plan’ to complete their ‘Task List’ ceases when the charter flight booking process is completed and the chosen Aircraft Charter Operator and/or Aircraft Charter Broker has confirmed the charter flight booking.

C16.14 All users who declare and/or add ‘minor(s)’ to their account will be the parent or legal guardian of those ‘minor(s)’.

C16.15 All ‘minors’ confirmed on a charter flight booking will have a passenger seat available to them.

C16.16 The information that any user displays on their ‘Profile Page’ can be viewed by any other user.

C16.17 The information that any user enters into their account (i.e. not their ‘Profile Page’) cannot be viewed by any other user without prior consent from the user whose information is in question.

C16.18 All users can view the information displayed on any Aircraft Charter Operator and/or Aircraft Charter Broker ‘Profile Page’.

C16.19 All passengers (Flight Director and Jet-Poolers) for a specific charter flight who confirm their personal details via the ‘Confirm Details’ page on our website and/or app for that specific charter flight will agree to share those personal details with the chosen Aircraft Charter Operator and/or Aircraft Charter Broker for that specific charter flight.

C16.20 All listed Aircraft Charter Brokers on our website and/or app will only employ the flight services of Aircraft Charter Operators who possess a valid Air Carriers Certificate (e.g. Air Operators Certificate, Part 135 Certification or equivalent certification) which allows the Aircraft Charter Operator to operate on-demand charter flights in the countries and/or regions for which their services have been employed.

C16.21 All listed Aircraft Charter Operators on our website and/or app will possess a valid Air Carriers Certificate (e.g. Air Operators Certificate, Part 135 Certification or equivalent certification) which allows the Aircraft Charter Operator to operate on-demand charter flights in the countries and/or regions in which they offer and provide their services.

C16.22 All listed Aircraft Charter Operators on our website and/or app will display their valid Air Carriers Certificate number and a copy of their valid Air Carriers Certificate on their ‘Profile Page’.

 

C17. Website and App Linking Agreement

C17.1 Definitions

C17.1.1 In this Agreement the following terms shall have the following meanings unless the context otherwise requires.

C17.1.2 "Above the fold"; The portion of any web page first viewed in the window of a browser when accessed and viewable without the need to scroll down the page.

C17.1.3 "Home or index page"; The first page of any web site that is accessed by a user entering the domain name address of that site.

C17.1.4 "Meta Tags"; The Hypertext Markup Language (HTML) coding used by web sites to aid indexing by search services by listing selected keywords in order to display those pages when a user enters such keywords into a search service.

C17.1.5 "Web Domain Name Address"; The text representation of a unique numerical address using the Internet Protocol address system.

C17.1.6 Reference in this Agreement to the masculine shall include the feminine and any reference to the singular shall include the plural.

C17.2 Outline

The Proposing party, Flight Director Limited wishes to link to the home or index page of the Accepting party, Aircraft Charter Operator or Aircraft Charter Broker.

C17.3 Index Page Linking

The Proposing party shall only link to the home or index page of Accepting party’s web site and shall not at any time link directly to any other page accessible through that web site so as to by-pass the home or index page without the express prior written approval of the Accepting party.

C17.4 Linking Details and Formats

C17.4.1 That a link from the Proposing party to the Accepting party shall be in a form agreed between the parties, whether by means of a graphic or text link.

C17.4.2 Any graphic link should use the graphic supplied by the Accepting party, such graphic to be supplied in a format suitable for display on a web page. Should the graphic not be supplied in a suitable format the parties agree that the Proposing party shall have permission to render the graphic into a suitable previously agreed format.

C17.4.3 Such graphic shall be of a reasonable file size and shall not exceed the file size or display dimensions of any other graphics displayed on the same web page. The graphic shall be displayed in the same or similar display dimensions to any other graphics used for linking to a third-party site as displayed on the same web page.

C17.4.4 Furthermore, the graphic shall not be displayed in a manner that distorts the dimensions or colours of the graphic so as to render it difficult to view or in the case of a logo, which dilutes the identity of the logo owner or could cause confusion to the public.

C17.4.5 Any graphic shall also be coded with a text alternative ("img alt") tag using Hypertext Markup Language (HTML) or other computer language coding producing the same result in the format of the Accepting party link address, or such other text alternative as may be agreed between the parties.

C17.4.6 Any text link shall be displayed in a font in keeping with the look and feel of the Proposing party web site and shall be displayed in a font size no smaller than any other text link to another third-party web site as displayed on the Proposing party web site. The content of such a text link shall consist of the words of the Accepting party link address, or such other text link as may be agreed between the parties that accurately inform the user that they will be transferred to the Accepting party’s website.

C17.4.7 Wherever possible all links from shall be placed above the fold on any web page on which they are displayed.

C17.5 Excluded Actions

C17.5.1 In recognition that the actions listed below in this clause 5 would impact upon the value and goodwill associated with the Accepting party’s web site, the Proposing party agrees not to do the following without the express prior written approval of the Accepting party:

C17.5.1.1 Use the Accepting party’s name or Web Site Domain Address in keywords contained within the Meta Tags of any web page or referred to or repeated in the coding of any web page on the Proposing party’s web site; or

C17.5.1.2 Register the Accepting party’s Web Site Domain Address or any similar sounding or similarly spelt Web Domain Name Address or any combination of the Accepting party’s web site as keywords with any search engine or directory; or

C17.5.1.3 Refer to Accepting party’s Web Site Domain Address in any promotional material including press releases.

C17.6 Agreement Period

This Agreement continues at will and may be terminated by either party on giving reasonable notice such notice not to exceed thirty days.

C17.7 Parties & Successors

The named "Proposing party" and "Accepting party" in this Agreement shall include their replacements or such other party as may be appointed from time to time to manage such links.

C17.8 Prior Written Approval

Where required under this Agreement a request seeking prior written approval shall be correctly delivered where sent via email, fax or ordinary post.

C17.9 Entire Agreement 

This Agreement constitutes the entire Agreement between the parties and supersedes all previous oral or written agreements or arrangements between the parties.

C17.10 Jurisdiction

This Agreement shall be governed by and construed and interpreted in accordance with the law of England and the parties hereby submit to the jurisdiction of the English courts.

 

C18. Suspensions or Termination

C18.1 We reserve the right to remove (with or without notice) content and suspend or terminate (with or without notice) the account of any user who in our sole judgment is in breach of these Terms and Conditions.

C18.2 If a customer account is suspended the suspension the length of the suspension period and any reactivation will be at our sole discretion.

C18.3 We may terminate your user account and all content and materials associated with it at any time where these Terms & Conditions have been breached. Such termination can be with or without notice. As a user you can choose to terminate your account at any time (subject to any payment plan entered into) and are free to remove any content you have created on termination.

C18.4 On termination any content or data in your account will be deleted.

C18.5 Various clauses within these Terms & Conditions are designed to survive and continue after termination, including (but not limited to) clauses C13 and C23.

 

C19. Access and Backups

C19.1 We take all reasonable steps to ensure the website and/or app is available and functioning fully at all times. However, we do not accept any responsibility for "down-time" or poor performance of our fileservers or where the website and/or app or any associated service is unavailable for any reason, whether within or outside our direct control.

C19.2 You are solely responsible for backing up any content or data entered onto the Service and website and/or app by you. We strongly recommend that you regularly and completely backup all of your content and data on the Service and website and/or app.

 

C20. Disclaimer

C20.1 We are not responsible for the accuracy of any content on the Service and website and/or app nor any advertisements placed on the Service and website and/or app.

C20.2 We are not responsible for any links to third-party websites from our Service and website and/or app and the inclusion of any link does not imply an endorsement of a third-party website or service by us.

 

C21. Customer Complaints

We endeavour to respond to all customer complaints or queries within five working days.

 

C22. Limitation of Liability

C22.1 We shall be not be liable to you in contract, tort, or otherwise (including negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise for any loss of business, contracts, profits, damage to goodwill or anticipated savings or for any indirect or consequential or loss whatsoever.

C22.2 We shall not be liable for any indirect, consequential, exemplary, incidental, special or punitive damages, including loss of profit.

C22.3 Nothing in this Agreement shall exclude or limit liability for death or personal injury resulting from the negligence of either party or their servants, agents or employees.

C22.4 In any event our liability and that of our employees, officers and third- party partners shall be limited in any 12 month period to the total Service fees incurred by you in relation to the matter subject to the liability or to a payment of £100, whichever is the greater sum.

 

C23. Indemnity

You agree to indemnify and hold us and our subsidiaries, affiliates and partners and their respective officers and employees harmless from any loss, fines, fees, liability or claim made by any third-party arising from your breach of these Terms & Conditions whilst using the Service and website and/or app or any other service provided by us.

 

C24. Privacy

We take your privacy seriously. We are registered under and comply with the Data Protection Act 2018 and the General Data Protection Regulation (GDPR). For further details please see our Privacy Policy.

 

C25. Events Outside our Control

We shall not be liable for delay or failure to perform any obligation under these Terms & Conditions if the delay or failure is caused by any circumstances beyond our reasonable control, including, but not limited to, acts of god, war, civil disorder or industrial dispute.

 

C26. Licence

C26.1 We grant you a licence to access the content, information and services contained within our website and/or app for business use only.

C26.2 This licence allows you to download and cache (using your browser) individual pages from our website and/or app.

C26.3 This licence does not allow you to make our website and/or app available via an intranet, where our website and/or app or a substantial part of it is hosted locally on the intranet in question.

C26.4 Our website and/or app design, layout, content or text cannot be copied, edited or otherwise manipulated without our express prior written permission.

C26.5 Our website and/or app cannot be placed within the frameset of another website.

C26.6 Third parties are not allowed to “deep link” to pages within our website and/or app, without our express prior written permission. All links (unless expressly permitted by us) should be to the main index page of our website and/or app. Furthermore, the content of such links, whether graphic or text should not be misleading, false, derogatory or in any other way offensive.

C26.7 The restriction on “deep linking” does not apply to affiliate partners who wish to send customers directly to a particular page or product in order to increase their affiliate sales.

 

C27 Copyright

C27.1 All content, databases, graphics, buttons, icons, logos, layouts and look & feel are the copyright of Flight Director Limited, unless expressly acknowledged as otherwise or provided by a user as part of content submission.

C27.2 The data mining, extraction or utilisation of product information from our website and/or app is not permitted without our express prior written permission.

 

C28. Reasonably Foreseeable Losses

C28.1 We will be liable for any losses incurred by you due to breaches of these Terms & Conditions by us, where such losses were reasonably foreseeable at the time the contract was made. 

C28.2 All business, indirect or consequential losses not reasonably foreseeable at the time of the contract between you and us are excluded.

C28.3 We do not exclude or limit liability for death or personal injury caused by the negligence or breach of duty by employees, our officers or us.

 

C29. Severability

The paragraphs, sub-paragraphs and clauses of these Terms & Conditions shall be read and construed independently of each other. Should any part of these Terms & Conditions or paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.

 

C30. Waiver

Failure by us to enforce any accrued rights under these Terms & Conditions is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.

 

C31. Entire Terms & Conditions

These Terms & Conditions set out the entire agreement and understanding between you and us. We reserve the right to change these Terms & Conditions at any time, without giving notice.

 

C32. Jurisdiction

These Terms & Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts. Where applicable your statutory rights are unaffected.

 

 

Our Contact Details are as Follows;

Flight Director Limited

International House

24 Holborn Viaduct

London

EC1A 2BN

United Kingdom

info@flight-director.com

Company Registration Number: 12942964

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