Before you use any VolJet services, you must read and accept all of the terms in this User Agreement and the Privacy Policy. By accepting this User Agreement, you agree that the User Agreement and Privacy Policy will apply whenever you use VolJet sites or services, or when you use the tools we make available to interact with VolJet sites and services.
While using VolJet site, services and tools, you will not:
VolJet and the Community work together to keep our sites and services working properly and the Community safe. Please report problems, misleading content, offensive content, and policy violations to us.
VolJet works to ensure that listed services do not infringe upon the copyright, trademark or other rights of third parties. If you believe that your rights have been violated, please notify VolJet and we will investigate.
Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our sites and its content, services and tools, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies.
If a tail number is not assigned within 48 hours of the e-mail reminder, a breach of contract on the operator's part will be assumed, the affected flight will be reassigned to another operator and the revenue will be forfeited.
Once you commit your specific aircraft (by tail number) to a VolJet group or a group has been committed to your aircraft, there will be no aircraft tail number changes unless the following circumstances occur within 72 hours from scheduled departure:
In such cases, an aircraft exchange will be permitted based on the same aircraft category or higher, including the additional ratings, with VolJet's approval. Operator should make every attempt to notify VolJet at least 4 hours in advance of departure time. Operator must notify VolJet of the new aircraft tail number as soon as possible prior to scheduled departure time.
Joining VolJet and listing aircraft are free of charge. When you decide to become a VolJet operator, you also agree to the fee and fare terms. When posting your aircraft to inventory, no fees are charged, however, fares for those aircraft once committed will not be negotiable. Prior to committing your aircraft to an active group, you will see the revenue target displayed and are required to re-accept the VolJet Terms and Conditions which are subject to change. We may choose to modify the fees for our services for promotional events or new services.
The VolJet Group Threshold is a figure defined by VolJet based on category of aircraft, the pre-set hourly rate, and will be agreed to upon joining VolJet as Operators. The VolJet Group threshold is defined as the number of customers in a group that determines the readiness for group closure. No additional passengers will be allowed to join the group once the aircraft tail number has been assigned. VolJet reserves the right to change the group threshold. Note: Operator revenue will be automatically revised as passengers join a Group up to the established threshold or cancel from the flight.
VolJet will collect a percentage of the total charter revenue at the pre-fixed VolJet Group threshold of passenger load on the category of aircraft. Should you elect to claim an active group that has not yet reached the VolJet Group threshold, VolJet will still collect the percentage of the total charter revenue based on VolJet Group threshold for charter revenue. Operator expected revenue is displayed prior to committing equipment.
Total charter revenue will be based on a pre-set hourly rate that includes all charges, basic catering, cabin and/or flight attendant, after-hours/overtime FBO or airport charges, day rooms, ramp fees, airport fees, landing fees, and handling fees.
Basic catering is defined and based on operator standards for the scheduled length of the flight, time of day, and plane size. Basic non-alcoholic beverages include a selection of bottled water, soda, juice, coffee, and tea. The basic selection of alcoholic beverages, wine and beer, is only served to those of legal drinking age. The operator revenue includes the customer charges for the above mentioned standard catering and basic beverage selections.
Additional catering, passenger special requests, cleaning fees, pet fees, de-icing, or flight phone/internet use will be charged to customers directly.
Cleaning or repair of excessively damaged/soiled (beyond normal wear and tear) aircraft surfaces and components will be charged to responsible customer as determined by the in-flight crew member(s).
Flight related expenses as a result of weather conditions or circumstances beyond Operator's control shall be to make every effort to locate a suitable alternative for customers to reach the final destination. International bookings will be dealt with on a case-by-case basis.
Operators electing to Create a Group will also be subject to the Customer Terms and Conditions.
Brokers representing Operators in the VolJet system are subject to these same Terms and Conditions and must be endorsed by the Operator to act on their behalf.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes (including FET) in a timely manner with a valid payment method.
Revenue payable to Operators will be paid 24 hours prior to the day of scheduled flight departure.
We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users' content or listings, or the ability of buyers to pay for items.
Further, we cannot guarantee continuous or secure access to our sites, services or tools, and operation of our sites, services or tools may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our sites, services and tools.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the fees associated with the action-giving rise to the liability, and (b) $100.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to VolJet by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express written permission.
Additionally, you agree that you will not:
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us by signing into your account.
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, legal notices shall be served on VolJet's national registered agent (in the case of VolJet) or to the email address you provide to VolJet during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
If a dispute arises between you and VolJet, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and VolJet agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as you and we otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against VolJet must be resolved exclusively by a state or federal court located in Los Angeles County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California for the purpose of litigating all such claims or disputes.
Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Improperly Filed Claims - All claims you bring against VolJet must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, VolJet may recover attorneys' fees and costs up to $1000, provided that VolJet has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you through the VolJet correspondence. This Agreement may not be otherwise amended except in writing hand signed by you and us. For purposes of this provision, "writing" does not include an email message and a signature does not include an electronic signature.
This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: (with respect to fees owed for our services), Release, Content, Liability, Indemnity and Resolution of Disputes.
In accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.