TERMS & CONDITIONS
Our Terms of Service
Please find below our Standard Terms of Service.
Flitestar Aviation Ltd agrees to act as an agent on behalf of aircraft operators ("Operators") to directly market their charter services to you the "Passengers" in accordance with the terms and conditions (the "Terms and Conditions") specified below.
By checking the ‘I agree to the terms and conditions stated in the Terms of Service' box on the Flight Quotation, Passengers agree to our Terms and Conditions. Please note, we may amend or modify the Terms and Conditions from time to time, and publish such modified Terms and Conditions on Flitestar's website, at which time the terms become effective.
When you use the Service after updates to the Terms and Conditions, you consent to being bound to the amended Ts & Cs.
1. Our Relationship with our Operators
As we are a European based Company, our Terms and Conditions are designed to with EASA regulations. Therefore, in accordance with EASA regulation, Flitestar Aviation Ltd, as an agent of the "Operators" agrees to arrange air transportation services for Passengers, which will be provided by Operators holding a valid European air operating certificate. It is important to note that Flitestar Aviation Ltd is not an aircraft operator and arranges air carrier services solely as an agent of the Operator. This means that only Operators are responsible for ensuring the safety of a flight and for providing services, including the flight crew and aircraft operations. To reiterate the point, Flitestar Aviation Ltd is NOT a registered Operator, nor does it provide air carrier services. Flitestar Aviation Ltd offers a platform through which to obtain services from Operators, but in no way does it have any responsibility or liability for any services provided by third parties.
3. Force Majeure:
On occasion, things happen that are beyond our control. In the event that Flitestar Aviation Ltd is rendered unable by reason of any event of Force Majeure (defined below) to perform, wholly or in part, any obligation or commitment set forth in these Terms, then upon such party's giving written notice and full particulars of such event after the occurrence thereof, the obligations of such party, except for obligations to make payment of money due, shall be suspended to the extent that such party is affected by such Force Majeure and for the period such Force Majeure condition exists. The term "Force Majeure" when used herein shall include, without limitation, acts of God and acts of public enemies, wars, insurrection, riots, acts of terrorism, theft, embargo, bad weather, tornado, transportation emergency, earthquake, fire, flood, epidemic, quarantine restrictions, unanticipated national emergency, strikes of a national or industry-wide scope that are not limited to or focused on the parties and their employment practices, in each case to the extent: (a) such act or event prevents a party from performing its obligations or complying with any conditions of these Terms, and (b) such act or event is unforeseeable and could not have been avoided or mitigated through the exercise of commercially reasonable means. The party claiming an event of Force Majeure shall take all steps that are reasonable and necessary to mitigate the effect of the Force Majeure event.
Notwithstanding the above, for a regularly scheduled, fully prepaid flight cancelled as a result of events outlined above, Flitestar Aviation Ltd may make commercially reasonable efforts to secure a substitute aircraft of similar cabin class. Passenger will have a right to accept or decline the substitute aircraft. This provision does not apply to delays or cancellations where Regulation EC 261/2004 precedes. Flitestar Aviation Ltd complies with Regulation EC 261/2004, and for applicable delays or cancellations, Passengers can submit a request for reimbursement at firstname.lastname@example.org.
While we believe that all of our passengers, are good citizens, we are required to remind you that Flitestar Aviation Ltd requires all Passengers and their guests to strictly adhere to the following rules of conduct in order to ensure a safe, friendly and respectful experience on flights arranged by Flitestar Aviation Ltd. If any Passenger engages in conduct that Flitestar Aviation Ltd considers improper, offensive or likely to risk endangering the safety of other Passengers or Flitestar Aviation Ltd or aircraft operator personnel, then such Passenger may be reprimanded and/or denied transportation. All determinations will be made in the sole discretion of the Operator.
In addition, if the conduct of a Passenger endangers the aircraft or any passenger or property while on board; obstructs or hinders the crew in the performance of their duties; fails to comply with any instruction of the crew, including, but not limited to, smoking in any form (including electronic cigarettes, vaporizers and similar devices) or use of drugs or alcohol; involves the use of any offensive, threatening, abusive or insulting words towards the crew; or involves behavior which causes discomfort, inconvenience, damage or injury to the crew, then the crew may take such measures as it deems necessary to prevent continuation of such conduct, including restraint. A Passenger may be disembarked and refused onward carriage at any point and may be prosecuted for offenses committed on board the aircraft. The following rules of conduct will be strictly enforced.
a. In accordance with EASA rules and regulations, Flitestar Aviation Ltd prohibits its Passengers from consuming any alcoholic beverages on board any flight that are not served by a cabin server. Flitestar Aviation Ltd will offer a bar on board.
b. Flitestar Aviation Ltd has zero tolerance for transportation or use of narcotics and other controlled substances, such as drugs and drug paraphernalia, regardless of whether certain substances may be considered legal in any jurisdiction. Anyone caught violating this policy will be banned from the Flitestar Aviation Ltd service.
c. The crew reserves the right to deny boarding to any passenger who appears intoxicated. Any passenger who is denied boarding because he or she is intoxicated will not be entitled to a refund or alternative transportation.
d. Passengers must be respectful of other Passengers and of aircraft operator personnel.
f. Flitestar Aviation Ltd has zero tolerance for any type of harassment or offensive behavior, including, but not limited to:
any kind of verbal or physical abuse, including abuse of the Operator's flight crew or Flitestar employees and representatives;
any form of discrimination;
creating strife, conflict or divisiveness within the Flitestar community.
g. Passengers must observe proper etiquette on flights arranged by Flitestar
Passengers must not cause damage to any aircraft or to amenities on any aircraft.
Passengers have no authority to instruct aircraft crew in their job performance and duties.
Passengers must strictly adhere to all policies, procedures, rules and regulations of the aircraft operators.
5. Limitation of Liability
Flitestar Aviation Ltd partners with some of the best operators in the world. Flitestar Aviation Ltd does not own or operate any aircraft on which flights are performed and does not carry any aviation insurance. Passenger understands and agrees that Flitestar Aviation Ltd is not liable for any injury, damage, loss, expense, special or consequential damages, or any other irregularity caused by the defect of any aircraft or conveyance, or the negligence of any company or person engaged in conveying the passenger, or carrying out the arrangements for Passenger's trip or by accident, delay, flight schedule, change, cancellation, sickness, weather, strikes, war, quarantine or any similar cause. Passenger understands and agrees that Aero's liability shall in any case be limited to the amount paid by Passenger to Flitestar Aviation Ltd or Journeys by Jet Ltd.
PASSENGER AGREES TO ACCEPT THE PROCEEDS OF THE INSURANCE MAINTAINED BY OPERATOR AS THEIR SOLE RECOURSE AGAINST OPERATOR FOR ANY LOSS OR DAMAGE (INCLUDING, WITHOUT LIMITATION, INJURY, DEATH OR PROPERTY DAMAGE) TO ANY PASSENGER; PROVIDED HOWEVER, THAT THE FOREGOING LIMITATION SHALL NOT APPLY IN THE EVENT OF OPERATOR'S PROVEN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. IN ALL CASES AND UNDER ALL CIRCUMSTANCES, OPERATOR OR FLITESTAR AVIATION LTD SHALL NOT IN ANY EVENT BE LIABLE TO PASSENGER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND OR NATURE INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, USE, VALUE, REVENUE, BUSINESS OPPORTUNITIES, AND THE LIKE, UNDER ANY CIRCUMSTANCES OR FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, ANY DELAY OR FAILURE TO FURNISH ANY AIRCRAFT CAUSED OR OCCASIONED BY THE PERFORMANCE OR NON-PERFORMANCE OF ANY OBLIGATIONS OF OPERATOR (REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT OR TORT OR ANY OTHER LEGAL OR EQUITABLE THEORY), EVEN IF ANY SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITIES OF SUCH DAMAGES.
It is the sole responsibility of the aircraft Operator to maintain aviation liability insurance coverage. Passenger understands and agrees that Flitestar Aviation Ltd is not liable for any claims arising out of or in connection with the services of the aircraft Operator.
7. Governing Law
This Agreement and all the rights of the parties hereunder shall be governed by, construed and enforced in accordance with the laws of the United Kingdom.
8. Dispute Resolution
Any claim or dispute between the parties and/or against any agent, employee, successor, or assignee of the other shall be resolved exclusively by binding arbitration in accordance with the UK Arbitration Act of 1996. The existence and content of the arbitration proceedings and any rulings or award shall be kept confidential except (i) to the extent that disclosure may be required of a party to fulfill a legal duty, protect or pursue a legal right, or enforce or challenge an award in bona fide legal proceedings before a state court or other judicial authority, or (ii) with the written consent of all parties. Notwithstanding anything to the contrary, either party may disclose matters relating to the arbitration or the arbitration proceedings where necessary for the preparation or presentation of a claim or defense in such arbitration.
9. Privacy of Passenger Data: