General Terms and Conditions
Standard Charter Terms and Conditions
Standard Charter Terms and Conditions
1. Parties
Client: The individual or party whose details are set out in a Charter Contract.
Carrier: The Aircraft Operator who has been selected and accepted by the Client through the intermediary of Ascent Jet SA to perform a Flight in accordance with the present Agreement and the terms and conditions as detailed in a Charter Contract.
Agent: Ascent Jet SA, a company governed by Swiss law with its head office at 4, rue du Tir-au-Canon, Geneva, Switzerland, registered in the Geneva Company Registrar
(No CH-660-2056006-1).
2. Scope
Ascent Jet SA offers an online platform (www.ascent.jet) and an app available from both the Apple App Store and Google Play for users to solicit quotes for Flights from qualified Aircraft Operators through the intermediary of Ascent Jet SA (the Agent). When booking a charter flight through the intermediary of Ascent Jet SA, you will be subject to the Carrier’s General Conditions of Carriage or the terms and conditions of its standard charter agreement and you will be entering into a direct and legally binding relationship with the aircraft operator. The role of Ascent Jet SA is to facilitate this relationship not only through the use of this internet platform and/or app, but through continuous support during the selection of Carrier and booking process.
3. Acceptance of the Terms and Conditions
Prior to using this site and/or app, users must first read and accept, without reservation, the General Terms and Conditions outlined in the present Agreement. Acceptance of these terms and conditions in full is demonstrated by the electronic signature which consists of ticking a box. By express agreement, this electronic signature is valid as a manuscript signature between the parties.
4. Definitions
“Agent”means Ascent Jet SA; “Agreement”means these Standard Charter Terms and Conditions and any Special Conditions;
“Client”means the individual or party qualified to act as a Client and to enter into a contract with Ascent Jet SA with respect to the present Agreement;
“Aircraft”means any aircraft for the time being operated in connection with any flight;
“The Carrier”means the operators of the Aircraft as specified in this Agreement;
“Charter Price”means the amount agreed between Client and Ascent Jet SA and stated in an invoice issued to the Client pursuant to a purchase of services as specified in this agreement;
“Flight”means a flight and any ancillary services as described in a specific Charter Contract;
“Charter Contract”means the confirmation issued to the Client by Ascent Jet SA confirming a Flight with terms and conditions specific to a Flight;
“Special Conditions”means any terms and conditions which may be offered to and accepted by a Client which may be out of the scope of this Agreement or not fully consistent with said Agreement;
“User”means the user of the site;
“Site”means the online platform (www.ascentjet.com) and the associated Ascentjet app.
5. Ascent Jet SA is an intermediary
Ascent Jet SA (the Agent) acts as an intermediary for Carriers and as such does not operate flights. By accepting these Terms and Conditions, you recognise that Ascent Jet SA acts only as an Agent for all Carriers qualified to perform Charter Flights. The Agent, as agent for the Carrier, shall make available to the Client the Aircraft as specified in the Charter Contract and the Client shall take the Aircraft on charter upon the terms and conditions set out in the Charter Contract and subject to the terms and conditions set out in the present Agreement. Any special conditions agreed between the Agent and the Client relevant to a specific flight will also apply.
6. Charter price and payment
6.1 The Charter Price specified in the Charter Contract is based on aviation fuel costs calculated on the Base Date. If for any reason whatsoever there shall be an increase in the cost of aviation fuel between the Base Date and the date of operation of any Flight, then the Client shall pay to the Agent on demand such amount as shall fully compensate the Carrier for such increase.
6.2 The Charter Price shall include the cost of fuel (see section 6.1), insurance, maintenance, oil, fluids, route and terminal navigation, landing, parking, ground handling, cleaning and cabin services to Client passengers during the flight, remuneration and expenses of flight crew and any other ancillary costs expressly indicated in the Charter Contract that may be applicable. All other costs and expenses shall be for the account of the Client.
6.3 Unless agreed in advance of the Flight, WiFi charges are not included in the Charter Price. Any charges by the Carrier for WiFi used, that were not included in the Charter Agreement will be passed on to the Client to be settled on receipt of invoice
6.4 The Client shall be responsible for reimbursing the Carrier on demand in respect of any de-icing costs incurred where such de-icing is deemed necessary by the Carrier to the performance of a Flight.
6.5 In the event where the Client requests a change in routing or other significant change (flight time change, passenger manifest change, change of airport or additional flight requirements) and where the Carrier agrees to accommodate such changes, these will be charged by the Agent to the Client under the terms of a revised Charter Contract.
6.6 The Agent is authorized by the Carrier to accept payment on an account to be specified by the Agent (see section 6.4) for onward transfer to the Carrier. The Carrier will be remitted full payment for the flight after deduction of a facilitation fee corresponding to the use of the Ascent Jet SA booking platform.
6.7 Where the Client elects to pay via bank transfer directly to an account specified by the Agent, the Client shall pay to the Agent the Charter Price in the currency and in the agreed amounts as stipulated in the Charter Contract directly to the UBS bank account specified by the Agent. Full and immediate payment must be made at the time a Flight booking is confirmed by the Client.
6.8 Where the Client elects to pay via credit card, or any other method where a charge is levied, the Client shall be responsible for such additional charges (currently ranging from 3.5% to 4% for credit cards). Such charges are not refundable in the event of: (a)cancellation of Flight(s) or a Charter Contract, and/or (b) refund of pre-authorised payments charge by the Agent against the Client’s credit card.
6.9 Where the Client has elected to make payment by bank transfer, and in the event where payment has not been received on the Agent’s UBS account as stipulated in the Charter Contract within 3 working days (being any day other than Saturday, Sunday or Swiss Public Holiday) after the date of conclusion of the Charter Contract, the Client shall provide the Agent with credit card details which the Agent may use at its sole discretion to complete pre-authorisation of the agreed Charter Price including credit card transaction fee. If the Client’s bank transfer is received by or on behalf of the Agent after the Agent has charged the pre-authorization sums against the Client’s credit card, the Client can elect to either (i) request a refund of the bank transfer or (ii) request a refund of the sums charged to the Client’s credit card less credit card transaction fees and/or any other fees levied on the Agent pursuant to the refund of such pre-authorized credit card payment.
7. Cancellation
If the Client wishes to cancel any Flight or Flights the subject of a Charter Contract and the present Agreement, the compensation will be paid forthwith as indicated in the Charter Contract.
8. Aircraft and Crew
8.1 The Carrier shall be responsible for providing the Aircraft at the commencement of the Flight properly manned and equipped fuelled and airworthy in accordance the laws and regulations of the country or state of registration of the Aircraft and the Aircraft shall be operated in accordance with all applicable laws and regulations during the period of the Flight(s).
8.2 The times set out in the Charter Contract are not binding and the Carrier is entitled to deviate from the Flight schedule and/or the duration of the Flight and/or to reduce the maximum payload. The captain of the Aircraft shall have complete discretion concerning preparation of the Aircraft for flight, whether a Flight shall be undertaken or not, any deviation from proposed route, where landing shall be made and all such other matters relating to the operation of the Aircraft and safety of the flight and the Client shall accept all such decisions as final and binding. In the event where a Flight is delayed through the fault of the Client or any passenger, the Client shall pay to the Agent any demurrage that may be applicable.
8.3 The Agent will communicate any possible delays or changes to the agreed Flight schedule to the Client as soon as is practicably possible.
8.4 All ground and operating personnel including cabin staff are authorised to take orders only from the Carrier unless specific written agreement shall first have been obtained from the Carrier whereby certain defined instructions may be accepted by such personnel from the Client.
9. Traffic Documents
The Carrier shall supply or procure the supply of passenger tickets, baggage checks, air waybills and all other necessary documents relating to the carriage undertaken pursuant to this Agreement and the Client shall give to the Agent all necessary information and assistance to complete such documents as soon as possible after making of a Charter Contract and, in any event, in sufficient time to be completed for issues to passengers.
10. Flight Times, Loading and Embarkation
10.1 The Client shall be solely responsible for ensuring that passengers and their baggage arrive at the specified check-in point at the departure airport in sufficient time to be carried on any Flight. In the event where any passenger of the Client fails to arrive in sufficient time to be carried on the Flight the Carrier shall be under no liability whatsoever to the Client or to such passenger. The Carrier shall be under no obligation to make any alternative arrangements for any such passenger. If the Carrier, in its sole discretion, arranges for any such passenger to be carried on a later flight, the Client shall pay on demand to the Carrier or to the Agent (as duly authorized to received payments on behalf of the Carrier) such additional sum that the Carrier may specify for each such passenger to cover applicable passenger taxes and the administrative costs of the Carrier thereby incurred.
10.2 In the event of any delay (other than any delay for technical reasons the responsibility for which shall lie with the Carrier) deviation or diversion of any Flight, the Client shall be solely responsible for any and all accommodation, refreshments, meals, transportation or any other additional costs, expenses, losses, damages or liabilities of whatsoever nature incurred in respect of the Client's passengers wherever and howsoever the same shall arise. All such costs, expenses, losses, damages or liabilities incurred by the Carrier shall be reimbursed by the Client directly to the Carrier on demand.
10.3 In the event that any passenger of the Client is refused entry at any destination airport, the Client shall indemnify and keep indemnified the Carrier, its officers, employees, servants and agents against any and all cost or expense whatsoever incurred by the Carrier in respect of that refusal (including but not limited to charges, fee, penalties, imposts or other expenses levied upon the Carrier or the Agent by any immigration authority) and, in addition, all cost or expense incurred by the Carrier for any arrangements made by the Carrier to return such passengers to the country from which such passenger was originally carried.
10.4 Final flight confirmation can only be confirmed by the Agent once full payment for a Flight has been received by the Agent.
11. Carrier Default
11.1 In the event where:
11.1.1any aircraft required for the operation of any Fight is detained (whether lawfully or not) by any third party (including but not limited to detention by any aviation or airport authority, overflight authority or by way of lien or requisition for hire or otherwise); or
11.1.2If the Carrier has an administrator, receiver, administrative receiver, trustee or other like person appointed over a part or all of its assets or business and as a result the Carrier is unable to perform the Flights at the same cost to the Carrier; or
11.1.3 If the Carrier becomes insolvent, enters into voluntary liquidation or is compulsorily would up; or
11.1.4If the Carrier is unable to perform a Flight in accordance with a Flight Confirmation due to an Aircraft technical failure
Then the Agent shall use its reasonable endeavours to find an alternative Carrier to operate such Flights as may be affected by the occurrence of any of the above events (“the affected Flights”), at the same cost to the Client.
11.2 In the event where the Agent is unable so to do, the Agent shall refund to the Client such part of the agreed charter price previously paid by the Client to the Agent as relates to the Affected Flight(s) provided always that the Agent has not forwarded such amounts to the Carrier or such amounts have been repaid to the Agent by or on behalf of the Carrier. In the event where the Agent is able to arrange an alternative Carrier to operate the Affected Flight(s), but only at an additional cost, the Agent shall notify the Client forthwith and the Client shall have the option to charter the aircraft operated by the alternative Carrier provided that, if it so elects, it shall pay to the Agent such additional costs upon demand. If the Client does not so elect, the Agent shall refund to the Client such part of the Charter Price previously paid by the Client to the Agent as relates to the Affected Flight(s) (provided always that the Agent has not previously forwarded such amounts to the Carrier or such amounts have been repaid to the Agent by or on behalf of the Carrier) and the Agent shall thereupon be under not further obligation to the Client in relation to the Affected Flight(s).
12. Obligations of the Client
12.1 The Client shall comply with all the requirements of the Carrier in relation to the performance of all of the Client's obligations as set out in an Agreement.
12.2 The Client shall hold harmless and indemnify the Carrier and/or The Agent (as applicable) from and against all claims, demands, liabilities, actions, proceedings and costs of any kind whatsoever arising from any default on the part of the Client or any passenger of the Client in complying with any of the provisions of an Agreement.
12.3 The Client shall comply in all respects with the conditions of all permits, licences and authorities granted for the Flights and will procure such compliance on the part of all its passengers.
12.4 The Client shall be responsible for the issue and delivery of all necessary passenger tickets, baggage checks and other necessary documents to all passengers.
12.5 The Client shall comply and shall procure that all its passengers shall comply with all applicable customs, police, public health, immigration and other lawful regulation of any state to/from or over which the Aircraft is or may be flown.
13.Exclusion of Liability/Indemnity
13.1 The Agent shall be under no liability to the Client for any failure by it or by the Carrier to perform their respective obligations under this Agreement arising from force majeure, labour disputes, strikes or lock-outs or any other cause beyond the control of the Agent and/or the Carrier including accidents to or failure of the Aircraft, its engines, or any other part there of or any machinery or apparatus used in connection therewith.
13.2 The Client shall hold harmless and indemnify the Agent and/or the Carrier (whichever applicable) against any loss, damage, liabilities, costs or expenses of whatsoever nature caused to be suffered or incurred by the Carrier or by the Agent and their respective officers, employees, agents or subcontractors arising out of any act or omission of the Client or its officers, employees or agents whether arising in contract or tort (including negligence) or otherwise.
13.3 The Carrier shall not be deemed to undertake any carriage to which this Agreement relates as a common carrier.
13.4 Carriage of the passengers shall be subject to the conditions of carriage contained or referred to in the traffic documents of the Carrier including its General Conditions of Carriage and to the terms and conditions of the Carrier’s standard charter agreement, copies of which will be supplied by the Agent upon request. In the event of any conflict between the terms of this Agreement and the terms of the Carrier’s General Conditions of Carriage or the terms and conditions of its standard charter agreement, the terms of the Conditions of Carriage or the terms and conditions of its standard charter agreement shall prevail, as the case may be.
13.5 The Client hereby acknowledges to the Agent that it recognises that the Agent acts only
as agent for the Carrier and that the Agent is not in any way responsible for the acts, omissions or defaults of the Carrier or the failure of the Carrier to perform its obligations contemplated hereunder and the Client hereby agrees to indemnify the Agent against any and all liabilities, claims, demands, suits, judgments, damages and losses, including expenses, costs and legal fees in connection therewith or incidental thereto arising directly or indirectly out of any act or omission of the Carrier hereunder.
13.6 The indemnities contained in this Clause 8 shall survive the termination of this Agreement.
14. Use of this Site
The Site is provided on an "as is" and "as available" basis. Ascent Jet SA is in no event responsible if, due to Site maintenance operations or for reasons beyond its control, Users cannot access the Site, or if such access is interrupted, at any time whatsoever, or if any fault beyond its control prevents an operation from being carried out. Ascent Jet SA makes no warranty that the Site is free from any anomalies beyond its control.
15. Obligations of the User of this Site
The User agrees to be bound by the following obligations:
15.1 Users must be at least 18 years old and have the legal capacity to enter into contracts.
15.2 Users accept responsibility for all transactions carried out in their name or on their behalf, unless the transaction has been fraudulent, has resulted from computer fraud or from a technical fault for which Ascent Jet SA is to blame.
15.3 Users guarantee that all information provided about themselves or a member of their family is true and accurate.
15.4 The Site must not be used for speculative, false or fraudulent bookings.
15.5 The transmission of threatening, defamatory, pornographic, political or racist material or, in general, any material that is unlawful is expressly prohibited.
15.6 Users may not modify, copy, transmit, distribute, sell, display, license or reproduce, in any manner whatsoever, the Site or any content thereof, although Users may make a copy of the information contained on the Site for their own personnel and private use.
16. Denial of access
Ascent Jet SA reserves the right to deny access to the Site in the event of fraudulent use or use contrary to the present agreement, at any time without prior notice.
17. Links to other web sites
The Site may contain links to other web sites operated and administered by third parties. Ascent Jet SA cannot guarantee the legality, accuracy, exhaustiveness or quality of the information contained on them. However, Ascent Jet SA undertakes to remove any link to such other third party sites immediately if it learns that they are manifestly illegal, inaccurate or inadequate.
18. Intellectual property
The entire Site content and all intellectual property rights related therewith belong to Ascent Jet SA, its affiliated companies or partners. The name Ascent Jet SA and all other trademarks, logos and representations of Ascent Jet SA displayed on the Site are registered trademarks of Ascent Jet SA or its affiliated companies.
Users are not granted any right to the content or the intellectual property rights of the Site, which remain the exclusive property of Ascent Jet SA, its affiliated companies or partners.
All insertions of hypertext links to the Site must be approved beforehand in writing by Ascent Jet SA.
Legal proceedings may be brought against anyone making unauthorised use of all or part of the contents of the Site and of the intellectual property rights related therewith.
19. Confidentiality Agreement
Users’ personal details are used by Ascent Jet SA and its affiliated companies in accordance with the terms of the Confidentiality Agreement accessible at all times on the Site.
Ascent Jet SA undertakes to treat the data on its Clients with care and to comply with the data protection regulations. Ascent Jet SA only acquires, records and processes the data as required to fulfil its contractual obligations, provide customer services and ensure a high-quality service.
Under the Swiss Federal Data Protection Act of 24 March 2006, Clients are entitled to access, correct and remove data concerning them. If they wish to do this, Clients must contact Ascent Jet SA in writing be e-mail at: info@ascentjet.com, or by letter addressed to: Ascent Jet SA, 4, rue du Tir-au-Canon, 1227 Geneva, Switzerland, mentioning surname, first name, full address and customer number.
20. Security Agreement for secure payment
Ascent Jet SA uses secure technology to protect personal data and financial transactions. Ascent Jet SA complies with the security procedures and standards as stipulated in the Security Agreement. On-line payment by credit card is totally secure. The entire transaction is sent encrypted to a bank validation server in SSl (Secure Socket Layer) mode.
21. Amendments of the Terms and Conditions
Ascent Jet SA reserves the right to amend or update the present Agreement at any time without prior notice. The latest version of these Terms and Conditions is posted on the Site from the date on which an amendment takes effect. By continuing to use the Site after the Terms and Conditions have been amended, the Users accepts such amendment, provided that the version of the Terms and Conditions applicable to a booking through the Site is the version in force on the date of such booking.
22. Termination
22.1 Each Charter Contract may be terminated immediately upon written notice from the Agent or the Carrier if the Client:
22.1.1 defaults in the payment of any amount payable hereunder on due date; or
22.1.2 the Client is in breach of any of its other obligations hereunder which if capable of remedy has not been remedied within 10 days of receipt of written notice from
Ascent Jet SA requiring remedy of such breach
23. Effect of Default
23.1 If this Agreement is terminated under Clause 19, then the Client shall (without prejudice to any other rights and remedies which the Agent may have) pay forthwith to the Agent all amounts then due and unpaid hereunder, together with interest thereon (if any) at the rate specified in the Schedule and the Client shall indemnify and keep the Agent indemnified against all loss, damage, costs, expense, claim or liability incurred or sustained by the Agent as a result of such termination and the Agent shall be entitled to retain any initial deposit paid by the Client pursuant to any provisions therefor set out in the Charter Contract.
23.2 The Client shall indemnify the Carrier and the Agent against any claims by any passenger of the Client arising out of the termination of the Charter Contract.
23.3 The indemnities contained in the Clause 20 shall survive the termination of a Charter Contract.
24. General
24.1 Any notice required to be given under this Agreement shall be in writing and shall be deemed duly given if left at or sent by first class post or facsimile message to the address herein stated of the party to whom it is to be given. Any such notice shall be deemed to be served at the time when the same is handed to or left at the address of the party to be served and if served by post on the day (not being a Sunday or Public Holiday) next following the day of posting or if served by facsimile message upon the day such facsimile message is sent.
24.2 This Agreement sets out the entire agreement and understanding between the parties or any of them in connection with the charter of the Aircraft as described herein and supersedes any prior representations, agreements, conditions, negotiations and undertakings whether made orally or in writing in relation thereto.
24.3 No party has relied on any warranty or representation of any other party except as expressly stated or referred to in this Agreement.
24.4 No claims shall be made against the Agent in respect of any representation warranty indemnity or otherwise arising out of or in connection with the charter of the aircraft except where such representation, warranty or indemnity is expressly contained or incorporated in this Agreement.
24.5 No variation of this Agreement shall be effective unless made in writing and signed by both parties pursuant to Clause 4 “Special Conditions”.
24.6 The Charter Price, payment terms and other commercial terms contained in this Agreement are confidential to the parties and may not be disclosed to third parties without prior approval.
24.7 No failure by the Agent to exercise and no delay by the Agent in exercising any right, power of privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies provided by law.
24.8 The Client shall not be entitled to assign the benefit of this Agreement.
25. Choice of Law, Submission to Jurisdiction, Mediation
25.1 This Agreement shall be governed by and interpreted in accordance with Swiss law and the parties hereto hereby submit to the non-exclusive jurisdiction of the Geneva Courts.