APP AGREEMENT
END USER LICENSE AGREEMENT
Last updated September 06, 2021
JetzHub is licensed to You (End-User) by Jet hub aircraft and requisites leasing L.L.C, located at King Abdallah Str, Riyadh, ARRiyadh 00966, Saudi Arabia (hereinafter: Licensor), for use only under the terms of this License Agreement.
The parties of this License Agreement acknowledge that Apple is not a Party to this License Agreement and is not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. Jet hub aircraft and requisites leasing L.L.C, not Apple, is solely responsible for the licensed Application and the content thereof.
All rights not expressly granted to You are reserved.
Charter Terms
If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.
Standard Charter Terms PARTIES Charterer:
The JETZHUB Member (which shall include its representative(s) as applicable) making the Flight booking using JETZHUB App whose details are set out in a Charter Contract. Carrier: The Aircraft Operator whose provision of a Flight to the Charterer has been accepted by the Charterer in accordance with an Agreement and the terms of JETZHUB App (as applicable) as detailed in a Charter Contract. SCOPE JETZHUB App is online technology platform, which acts as an interface between you (the Charterer) and our network of accredited Aircraft Operators. When booking a charter flight through JETZHUB App you will be entering into a direct and legally binding relationship with the aircraft operator. From the time of booking, JETZHUB will support you fully in our position as an intermediary. Our customer service aim is to make your enquiry, booking and flight with the aircraft operator seamless.
DEFINITIONS
In these Standard Charter Terms unless the context otherwise requires: – “Agreement” means these Standard Charter Terms, the Charter Contract, and any Special Conditions. “Aircraft” means any aircraft operated in connection with any Flight. “Charter Price” means the total amount set out in JETZHUB invoice(s) issued in respect of a single Agreement. “Flight” means a flight described in a Charter Contract. “Charter Contract” means the e-mail confirmation issued to the Charterer by JETZHUB confirming an aircraft charter and Flight details. “JETZHUB” means” JetzHub Company LTD.” registered at address: Kingdom of Saudi Arabia, Jeddah, 9514 Jabalah lbn Amr al Ansari , Al Murjan Dist, 23714 – 3968. “JETZHUB Members” those persons who subscribe to use the services of JETZHUB App as are made available through mobile application made available by JETZHUB from time to time.” JETZHUB App Tender Process” means the online process by which the Charterer submits a request for fulfilment of a Flight requirement. This is then may be responded by JETZHUB, submitting a quotation together with details of any Special Conditions or Charterer requirements. “Special Conditions” means those variations to the Standard Charter Terms upon which the Carrier will perform the Flight for the Charterer and which, in the event of inconsistency with these Standard Charter Terms, take precedence as between the Parties.
2. CHARTER
2.1 The Carrier shall make available to the Charterer the Aircraft as specified in a Charter Contract and the Charterer shall take the Aircraft on charter from the Carrier upon the terms and conditions of an Agreement (including any Special Conditions which have been notified to the Charterer by the Carrier during the JETZHUB App Tender Process).
3. CANCELLATION
If the Charterer wishes to cancel any Flight(s) after confirmation of the related Agreement, the following rates will be paid immediately by the Charterer to JETZHUB as agreed compensation for such cancellation: 50% of the Charter Price if cancelled after signing (including electronic, through e-mail) of an Agreement. 100% of the Charter Price if cancelled within 2 weeks of the scheduled departure time as set out in a Charter Contract.
4. CHARTER PRICE AND PAYMENT
4.1 JETZHUB may provide JETZHUB Member with the relevant invoice(s) as the Price of Flight(s). The Charterer shall pay JETZHUB the Charter Price at the time, in the amount, currency and to the address specified in accordance with the provisions set out therefore in a Charter Contract.
4.2 The Charter Price is based on aviation fuel costs calculated on the Booking Date. If, for any reason whatsoever there shall be any increase in the cost of aviation fuel between the Booking Date and the date of operation of any Flight, then the Charterer shall, if so required by the Carrier, pay JETZHUB on demand such amount as shall fully compensate the Carrier for such increase in costs.
4.3 If for any reason payment of the Charter Price or any instalment thereof shall not be made on the due date then the Charterer shall pay to the Carrier interest on the amount unpaid at the rate of 6 % per annum, calculated on a daily basis from the due date until the date of payment (both before and after judgement), compounded monthly. In the event of nonpayment we have the right to demand payment of all legal fees, court fees and recovery fees Incurred.
4.4 The Charter Price is agreed in the currency shown on the Charter Contract.
On request from the Charterer JETZHUB in its sole discretion may elect to accept settlement of the price in either in US Dollars, Euros or any other currency. If immediate payment is not received then JETZHUB reserves the right to recalculate the conversion of the Charter Price into the Charterer’s requested currency at the date of payment, and issue a revised and/or further invoice for any additional amounts outstanding at the date of payment. All such invoices issued under an Agreement shall evidence the “Charter Price” of that Agreement and are subject to these Standard Charter Terms.
4.5 Payment of the Charter Price shall be made directly to the account specified by JETZHUB which is authorized to accept payment on behalf of the Carrier and received in cleared funds in such account. Full payment must be received on receipt of invoice to secure the aircraft (unless otherwise specified). At the request and cost of the Charterer, JETZHUB can arrange for prepaid sums to be placed on hold in an escrow account. Time shall be of the essence for payment of the Charter Price and any other sums under any Agreement.
4.6 No set-off or counterclaim (whether arising in respect of an Agreement or any other carriage) shall entitle the Charterer to withhold payment of any sums whatsoever payable under or by reason of an Agreement.
4.7 The Charterer shall be responsible for reimbursing the Carrier on demand in respect of any de-icing costs incurred in connection with the performance of an Agreement.
4.8 In the event that the Charterer requests a change in routing or any other significant change (for example flight time change, passenger and/or cargo manifest change, change of airport or additional flight requirements) in respect of one or more Flights being undertaken by the Carrier under an Agreement and such requests are accommodated by the Carrier (which shall be at the Carrier’s sole discretion), JETZHUB will issue an amended or replacement Flight Confirmation and the Charterer will pay on demand any additional costs set out therein.
4.9 If the Carrier is unable to perform a Flight in accordance with a Flight Confirmation due to an Aircraft technical failure, JETZHUB shall use its reasonable commercial endeavors to find a suitable replacement Aircraft and shall disclose any extra costs to the Charterer.
4.10 Flight bookings are based on internationally recognized ICAO (4 letter) and IATA (3 letter) airport codes and not by airport names which are subject to change and interpretation.
5. AIRCRAFT AND CREW
5.1 The Carrier shall be responsible for providing the Aircraft at the scheduled commencement of the Flight in a condition such that it is properly manned and equipped, fueled and airworthy in accordance with the laws and regulations of the state of registration of the Aircraft. The Aircraft shall be operated by the Carrier in accordance with all applicable laws and regulations during the period of the Flight(s).
5.2 Subject to its general operational requirements, the Carrier shall use its reasonable endeavors to: 5.2.1 have Aircraft and operating personnel, including cabin staff ready to fly no later than thirty minutes prior to the Flight departure time set out in a Charter Contract. 5.2.2 have an operating personnel member available to meet passengers at entrance to airport, or agreed meeting point and/or arrange the loading of cargo.
5.3 JETZHUB shall use its reasonable endeavors to:
5.3.1 respond promptly to any Charterer communication and 5.3.2 inform Charterers as soon as reasonably practicable on becoming aware of possible delay for any reason to a Flight schedule. The captain of the Aircraft shall have complete discretion concerning preparation of the Aircraft for flight, whether a Flight shall be undertaken and/or whether a Flight is to be abandoned once undertaken. The Charterer shall accept as final and binding all decisions of the captain on all matters relating to the operation of the Aircraft, including any deviation from proposed route or where landing shall be made.
5.4 All ground and operating personnel, including cabin staff, are authorized to take orders from the Carrier only unless specific written agreement shall first have been obtained from the Carrier whereby certain defined instructions may be accepted by such personnel from the Charterer.
6. TRAFFIC DOCUMENTS
When required, the Carrier shall supply or procure all necessary documents relating to the carriage and Flight undertaken pursuant to an Agreement. The Charterer shall give JETZHUB all necessary information and assistance to complete such documents as soon as possible after the making of an Agreement.
7. FLIGHT TI MES, LOADING AND EMBARKATION
7.1 The Charterer shall be solely responsible for ensuring that passengers and their baggage and/or cargo arrive at the specified point at the departure airport in sufficient time to be carried on any Flight.
7.2 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 Charterer 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 Charterer’s passengers and/or cargo disembarkation, storage wherever and howsoever the same shall arise. All such costs, expenses, losses, damages or liabilities incurred by the Carrier shall be reimbursed by the Charterer to the Carrier on demand.
7.3 Flights can only be confirmed once full payment has been received. Final cost of Flights is also subject to all crew availability, international overflight permits, airport slots and airport parking being in place and non-availability at any time may result in an increase in price of the charter.
8. OBLIGATIONS OF THE CHARTERER
8.1 The Charterer shall comply with all the requirements of the Carrier in relation to the performance of all of the Charterer’s obligations as set out in an Agreement.
8.2 The Charterer shall hold harmless and indemnify the Carrier and/or JETZHUB (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 Charterer in complying with any of the provisions of an Agreement.
8.3 The Charterer shall comply in all respects with the conditions of all permits, licenses and authorities granted for the Flights and will procure such compliance on the part of all its passengers and/or cargo.
8.4 The Charterer shall be responsible for the issue and delivery of all necessary documents to all passengers and/or receive all relevant permissions, supportive and customs documents for cargo.
9. EXCLUSION OF LIABILITY/INDEMNITY
9.1 The Carrier shall be under no liability to the Charterer for any failure by it to perform its obligations under an Agreement arising from force majeure, labor disputes or strikes of any kind (including those of Carrier personnel) or lock-outs or any other cause beyond the control of the Carrier including accidents to or failure of the Aircraft engines, or any other part thereof or any machinery or apparatus used in connection therewith.
9.2 The Charterer shall indemnify the Carrier against any loss, damage, liabilities, costs or expenses of whatsoever nature caused to be suffered or incurred by the Carrier and its officers, employees agents or subcontractors arising out of any act or omission of the Charterer or its officers, employees or agents whether arising in contract or tort (including negligence) or otherwise.
9.3 Carriage performed under a Charter Contract shall be subject to the conditions of carriage contained or referred to in the traffic documents of the Carrier including its applicable ‘General Conditions of Carriage’.
9.4 The indemnities contained in these Standard Charter Terms shall survive the termination of any Agreement.
10. TERMINATION
10.1 Each Agreement may be terminated immediately upon written notice from JETZHUB or the Carrier if the Charterer: 10.1.1 defaults in the payment of any amount payable hereunder on due date; or 10.1.2 is in breach of any provision of these Terms.
11. EFFECT OF DEFAULT
11.1 If an Agreement is terminated, then the Charterer shall (without prejudice to any other rights and remedies which the Carrier may have) pay forthwith to JETZHUB, all amounts then due and unpaid to the Carrier hereunder, together with interest thereon (if any) and the Charterer shall indemnify and keep the Carrier indemnified against all loss, damage, costs, expense, claim or liability incurred or sustained by the Carrier as a result of such termination and the Carrier shall be entitled to retain any initial deposit paid by the Charterer.
11.2 The Charterer shall indemnify the Carrier against any claims by any passenger and/or shipper of the Charterer arising out of the termination of an Agreement.
12. GENERAL
12.1 Any notice required to be given under an Agreement shall be in writing and shall be deemed duly given if left at or sent by email or facsimile message to the address herein stated of the party to whom it is to be given.
12.2 Each 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.
12.3 No party has relied on any warranty or representation of any other party except as expressly stated or referred to in an Agreement.
12.4 No claims shall be made against the Carrier 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 an Agreement.
12.5 No variation of an Agreement shall be effective unless made in writing and signed by both parties. 12.6 The Charter Price, payment terms and other commercial terms contained in each Agreement are confidential to the parties and may not be disclosed to third parties without prior approval.
12.7 No failure by the Carrier to exercise and no delay by the Carrier 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.
12.8 The Charterer shall not be entitled to assign the benefit of any Agreement.
12.9 Each Agreement shall be governed by and interpreted in accordance with Kingdom of Saudi Arabia law and the parties hereto hereby submit to the non-exclusive jurisdiction of the KSA Courts.
12.10 Charter Contracts (including any Special Terms) may be executed:
12.11.1 electronically (using electronic signature, advanced electronic signature, email, or otherwise) or by physical (written) signature of the relevant Charter Contract and/or Special Terms (as applicable). If the Charter Contract and/or Special Terms (as applicable) is executed electronically, the Charterer and JETZHUB each hereby irrevocably consent to such Charter Contract or Special Terms (as applicable) being communicated, presented, and retained (wholly or partly) in electronic form; and 12.11.2 in any number of counterparts, including electronic counterparts, each of which (including electronic counterparts) will be an original but all of which together will constitute one and the same instrument. No counterpart (including electronic counterparts) shall be effective until each of the Charterer and JETZHUB has executed at least one counterpart.