Terms and Conditions
In these Terms and Conditions, "FlySociety" means FlySociety Private Aviation SL, or such other specific FlySociety group entity as may be expressly identified in the relevant written proposal, brokerage agreement, confirmation, or other contractual document issued to the Charterer in connection with the requested services.
1. Scope of these Terms and Conditions
FlySociety maintains one or more websites, webpages, digital channels, and related tools, including www.flysociety.com (together, the "Network"), through which prospective charterers may obtain information, submit requests, receive quotations, and communicate with FlySociety in relation to private air charter brokerage and related services.
These Terms and Conditions govern the commercial and legal framework applicable to your use of the Network for the purpose of requesting, discussing, evaluating, or arranging air charter brokerage and related services through FlySociety.
These Terms and Conditions apply in addition to any applicable Website Terms of Use. However, they do not by themselves constitute a contract of carriage, an operator agreement, or a confirmed charter booking. Any specific booking, charter arrangement, or related service may be subject to a separate written brokerage agreement, operator terms, supplier terms, confirmation, or other transaction-specific document.
By using the Network for the purpose of requesting or discussing services, you agree that your use of the Network is subject to these Terms and Conditions.
2. Role of FlySociety
FlySociety acts as an air charter broker and intermediary. Unless expressly agreed otherwise in writing, FlySociety does not own, operate, lease, maintain, or exercise operational control over aircraft and is not the direct or contracting air carrier responsible for performing the flight.
FlySociety's role is limited to identifying options, obtaining and communicating quotations, facilitating discussions, coordinating requested arrangements, and, where applicable, assisting in the conclusion of brokerage, charter, and related service arrangements between the Charterer and the relevant third-party operator or supplier.
The actual flight is performed by the relevant licensed air carrier or aircraft operator, which retains operational control of the aircraft and responsibility for flight safety, crew, maintenance, scheduling, and operational performance.
These Terms and Conditions are not a contract for air transportation and shall not be interpreted as creating any representation that FlySociety itself performs carriage by air as principal or carrier.
To the extent applicable law or regulation requires disclosure of FlySociety's role, FlySociety informs the Charterer that:
(i) FlySociety acts as a broker and intermediary in connection with requested charter services;
(ii) FlySociety is not a direct air carrier in operational control of aircraft; and
(iii) the air services referred to through the Network are to be performed by properly licensed third-party air carriers or operators.
3. Booking of Services
The booking of any air charter services (and any related services) through FlySociety will, in any case, be subject to, and governed by, an Aircraft Charter Brokerage Contract to be entered into between you and FlySociety (an "Aircraft Charter Brokerage Contract").
Nothing in the Network shall in any case be construed as an offer to contract. Similarly, neither a Request nor any proposal sent by FlySociety in furtherance of a Request shall be considered an offer to contract.
FlySociety shall be entitled in its sole discretion to refuse to provide its services to any person or entity.
4. Use of the Network
You represent and warrant that you are of sufficient legal age and capacity to enter into legally binding agreements, including these Terms and Conditions, and any Aircraft Charter Brokerage Contract. You represent and warrant that no restriction applies to you that would prevent you from entering into or performing any such agreements.
Your Requests shall not be speculative, false, or fraudulent. You shall not make any Request or enter into any agreement on behalf of a fictitious User, under a false name, with an invalid credit card, or by use of any other fraudulent information. Please note that fraudulent Users will be prosecuted and may be subject to civil and criminal liability, depending on applicable law.
You shall not use the Network to submit Requests or enter into any agreement for, in the name and/or on behalf of third parties, unless you are legally authorized to do so.
You expressly agree that your use of the Network is at your sole risk and expense.
5. Termination of Usage
Your access to all or part of the Network may be suspended by FlySociety at any time in its sole discretion, with or without notice and with or without reason.
6. Ownership of Information
You acknowledge and agree that any and all materials and information contained in the Network, including data, software, photographs, images, videos, graphics, sounds, quotes, written and other materials (the "Materials") are the property (including intellectual property) of FlySociety or have been licensed to FlySociety. You may not use, copy, disseminate or misappropriate any Material without FlySociety's prior written consent. However, you are allowed to print and copy portions of the Network, including these Terms and Conditions, for the sole purpose of using the Network as a shopping resource, in accordance with these Terms and Conditions.
7. Disclaimer of Warranties and Exclusion of Liability
The Network and all information made available through it are provided for general information and brokerage-facilitation purposes only. While FlySociety seeks to present information in good faith and to coordinate services with reasonable care, FlySociety does not guarantee that the Network, or any content, quotation, availability indication, schedule, or service information made available through the Network, will always be complete, accurate, current, uninterrupted, or error-free.
To the fullest extent permitted by applicable law, FlySociety shall not be liable for any loss arising from:
(i) the unavailability or malfunction of the Network;
(ii) reliance on information that is indicative, preliminary, or subject to confirmation;
(iii) the acts, omissions, delays, cancellations, defaults, safety decisions, or service failures of third-party operators, carriers, suppliers, airports, handlers, or ancillary service providers; or
(iv) circumstances outside FlySociety's reasonable control, including force majeure events, weather, air traffic restrictions, airport restrictions, government action, regulatory constraints, security incidents, labor disruption, or technical failures affecting third parties.
Where FlySociety is found liable in connection with these Terms and Conditions, FlySociety's liability shall be limited to direct losses that were reasonably foreseeable and directly caused by FlySociety's proven breach of these Terms and Conditions.
To the fullest extent permitted by law, FlySociety shall not be liable for any indirect, incidental, special, exemplary, punitive, or consequential loss, including loss of profit, loss of revenue, loss of opportunity, loss of goodwill, or reputational loss.
Nothing in these Terms and Conditions excludes or limits any liability that cannot be excluded or limited under applicable law, including liability for fraud, fraudulent misrepresentation, gross negligence where non-excludable, willful misconduct, or death or personal injury caused by FlySociety's negligence to the extent such liability cannot lawfully be excluded.
8. Indemnification
You agree to indemnify and hold harmless FlySociety, its directors, officers, employees, and affiliates from and against losses, liabilities, damages, claims, costs, and expenses, including reasonable external legal fees, arising directly out of or in connection with:
(i) your material breach of these Terms and Conditions;
(ii) your misuse of the Network;
(iii) information, instructions, documents, or authorizations provided by you, or by a person acting on your behalf, that are false, inaccurate, incomplete, misleading, unlawful, or unauthorized; or
(iv) your violation of applicable law, sanctions, travel requirements, customs requirements, immigration requirements, or third-party rights.
This indemnity does not apply to the extent that the relevant loss was caused by FlySociety's own fraud, willful misconduct, or negligence where liability cannot lawfully be excluded or limited.
9. Personal Data
Personal data is processed by FlySociety in accordance with the Privacy Policy available on the FlySociety Website.
10. Miscellaneous
These Terms and Conditions constitute the entire agreement between you and FlySociety relating to your use of the Network and supersede any prior or contemporaneous understandings or agreements (whether oral or written) regarding the subject matter.
No variation of these Terms and Conditions by you shall be effective unless agreed in writing by FlySociety.
Where the context permits, the use of the singular herein shall include the plural and vice versa, and the use of the neutral or masculine personal pronoun shall include both masculine and feminine genders.
Unless otherwise provided herein, the term "or" is not exclusive, and "include", "including", and "in particular" are not limiting.
11. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of Spain, excluding its conflict of law provisions.
Any dispute, controversy, or claim arising out of, or in connection with, these Terms and Conditions, including the validity, invalidity, breach, or termination hereof, shall be submitted to the exclusive jurisdiction of the courts of Madrid, Spain, to which the parties hereby irrevocably agree to be submitted. The foregoing shall not prevent FlySociety from bringing proceedings against any Charterer before any other competent court.
