TERMS AND CONDITIONS
www.magnusjets.com
Effective date: 1st January 2023
1. Introduction
Welcome to www.magnusjets.com (“Site” or “Website”).
This website is owned and operated by Magnus Jets from the United States. Throughout the Site, the terms “we”, “us”, “company”, “agent” and “our” refer to Magnus Jets. We offer this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or booking any of the service provided by Operator (“Operator”) through Magnus Jets, you (“User” or “Client”) engage in our “Service” and agree to be bound by the following terms and conditions (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, users, clients, carriers and/ or contributors of content.
PLEASE READ THE FOLLOWING TERMS AND DISCLAIMERS CAREFULLY BEFORE USING THE SERVICES. IF YOU DO NOT AGREE WITH THESE TERMS, OUR PRIVACY POLICY, OR ANY OTHER OF OUR POLICIES, YOU SHOULD NOT USE THE SERVICES.
2. Magnus Jets – General Information
· About. Magnus Jets offers private jet charter services, which include access to a large fleet of private jets for luxury air travel. Our mission is to provide a safe, efficient, and high-end flying experience for all of our Charterers so that they have a stress free no worries booking experience. To find out more information about what we do, please refer to our website.
· Sole discretion. We reserve the right to add/discontinue any service anytime at our sole discretion.
3. Eligibility
Magnus Jets is strictly limited to parties who can lawfully enter into and form contracts on the Internet. By using or engaging with the website, you also acknowledge and agree that you are permitted by your jurisdiction’s applicable law to use and/or engage with the website.
4. Agents
Charterer is appointing Magnus Jets as its agent to arrange for transportation provided by a Magnus Jets -approved entity that provides or offers to provide air transportation and who has control over the operational functions performed in providing that air transportation, in accordance with Federal Aviation Administration (“FAA”) and Department of Transportation (“DOT”) laws, rules and regulations
You fully understand and accept that Magnus Jets does not provide aircraft carrier services but only acts as a Agent or Broker between the client and the airline carrier. You also understand that Magnus Jets acts solely as an agent for the airline carrier and shall not be held responsible for any errors, omissions, or breaches of contract by the carrier. The terms and conditions of the airline carrier, including but not limited to baggage allowances, cancellations, and delays, shall apply and are binding upon the passenger.
5. Payment, Costs and Taxes
The flight charges will be calculated and invoiced based on the estimated costs given by Magnus Jets for each flight. These charges and costs may differ from the estimate given due to changes in aircraft type and may change up until the time of confirmation. Any additional expenses such as extra flight time, fuel surcharges, catering, ground transportation, flight phone/WiFi, hangar, de-icing, international fees, crew overnights, and flight attendants will be the responsibility of the client and may be added to the invoice or billed separately.
The client will be responsible for paying all taxes associated with the aircraft operation during the chartered flight, including but not limited to federal and state excise taxes, leg segment taxes, international departure and arrival taxes, and other fees imposed by government or airport authorities.
The client must provide Magnus Jets with all necessary credit information and prepay for the entire flight quote. If any additional expenses are not paid within 10 days of the invoice date, they will be subject to interest of 1.5% per month, plus collection costs including attorney's fees. Any undisputed amounts must be promptly paid, and Magnus Jets and the client will work to resolve any differences in invoices.
6. Flight Operations and Regulations
Flights will be operated by a certified Direct Air Carrier with authority from the Federal Aviation Administration and the Department of Transportation, or the foreign equivalent. The flight will follow Federal Aviation Regulations Part 135, or foreign equivalent, and the Direct Air Carrier will have operational control at all times. If the Direct Air Carrier believes the flight may be dangerous, they may cancel or refuse the flight without any liability. The client must inform Magnus Jets of any allergies, medical restrictions, or dietary needs of passengers at the time of confirmation. Magnus Jets will inform the client of any restrictions or limitations of the aircraft, but these will be in addition to, not instead of, regulations. Flight range may vary based on passenger weight, baggage, distance, weather, airport altitude, and runway length. Smoking and illegal drugs are not allowed on charter flights arranged by Magnus Jets.
These terms and conditions are subject to regulations, approvals, and certifications imposed by the DOT, FAA, Transportation Security Administration, or foreign equivalent. Passengers must provide government-issued photo identification prior to boarding, and the client is responsible for informing passengers of this requirement. Minors traveling internationally without both parents must have written consent with a notarized signature from the absent parent. In cases of sole custody, proof of sole guardianship is necessary.
7. Important Disclosures
Magnus Jets is an Air Charter Broker under DOT regulations and acts as the client's agent to arrange transportation with a Direct Air Carrier. Magnus Jets does not operate aircraft and will inform the client of the flight itinerary, Direct Air Carrier information, and insurance coverage before the flight.
8. Flight Cancellation
The rules for cancelling a flight, including the deadline for cancellation without penalty and any fees or costs, are outlined in the flight quote documentation provided by Magnus Jets. Acceptance of the specific cancellation policy for the trip is assumed upon Magnus Jets receiving the confirmation.
9. Damage Liability
The client is responsible for any damage he or she causes to the aircraft of the direct air carrier caused by the client or their employees, agents, representatives, or guests.
10. Responsibility Limitation
Magnus Jets will not be liable for any delays, cancellations, or failure to provide transportation due to government regulations, natural disasters, terrorism, strikes, mechanical issues, client failure to confirm, or other uncontrollable factors. Magnus Jets is not responsible for claims arising from incidents involving the direct air carrier or its personnel. Magnus Jets is also not liable for any indirect or incidental damages, including loss of profits. Magnus Jets provides no warranties for the services provided and denies all express or implied warranties.
11. Assignment and Binding Effect
Neither party can assign their rights or obligations without the written consent of the other party, except in the event of a sale of all or most of Magnus Jets's assets. These terms will apply to and be binding on the parties and their heirs, representatives, successors, and assigns. Flights will be operated by certified Magnus Jets vendors who comply with FAA and Magnus Jets safety standards.
Website and Services use
You agree to use the Site and the Services only for purposes that are permitted by these Terms and in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions. You may only use the Site and Services for your non-commercial, non-exclusive, non-assignable, non-transferable, and limited personal use, and no other purposes.
You will not (and will not attempt to):
Access any of the Services by any means other than through the interface that is provided by Magnus Jets;
Gain unauthorized access to Magnus Jets’s computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Site, the Services, Magnus Jets’s networks, and computer systems;
Access any of the Site or the Services through any automated means or with any automated features or devices (including use of scripts or web crawlers);
Access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes;
Reproduce, duplicate, copy, sell, trade, or resell any aspect of the Site or the Services for any purpose; and
Reproduce, duplicate, copy, sell, trade or resell any products or services bearing any trademark, service mark, trade name, logo or service mark owned by Magnus Jets in a way that is likely or intended to confuse the owner or authorized user of such marks, names or logos.
13. Limited License and Site Access; Acceptable Use
You may not: (a) resell or make any commercial use of this Site or any of the contents of this Site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert any of the contents of this Site not intended to be so read; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Site in any form or by any means; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site.
You use this Site at your own risk. You agree that you will be personally responsible for your use of this Site and all of your communication and activity on this Site. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms and Conditions, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.
14. Accounts, Registrations, and Passwords
If you use this Site and such use requires setting up an account and/or password(s), you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer. If you open an account, register, or otherwise provide us with any information, you agree to provide us with current, complete, and accurate information as requested by any forms. Magnus Jets is not responsible for any errors or delays in responding to any inquiry or request caused by any outdated or incorrect information provided by you or any technical problems beyond the control of Magnus Jets. You acknowledge and agree that any login, identifier, or password issued in connection with this Site (each a "Password") is confidential information and must be kept secure. You may not disclose such a Password to another person or entity or permit another entity to access the Site using such a Password. You must notify Magnus Jets immediately of any breach of security or unauthorized use of your account. Magnus Jets cannot be responsible and disclaims all liability in connection with, the use of any information that you post or display on this Site.
15. Intellectual Property Rights
Your use of the Site and its contents grants no rights to you concerning any copyright, designs, and trademarks and all other intellectual property and material rights mentioned, displayed, or relating to the Content (defined below) on the Site. All Content, including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site, are protected by national intellectual property and other laws. Any unauthorized reproduction, redistribution or other use of the Content is prohibited and may result in civil and criminal penalties. You may use the Content only with our prior written and express authorization. To inquire about obtaining authorization to use the Content, please contact us at info@magnusjets.com
In addition to the intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio, or text on the Site.
16. Monitoring Activity
Magnus Jets has no obligation to monitor this Site or any portion thereof. However, we reserve the right to review any posted content and remove, delete, redact or otherwise modify such content, in our sole discretion, at any time and from time to time, without notice or further obligation to you. Magnus Jets has no obligation to display or post any content. Magnus Jets, subject to the Privacy Policy reserves the right to disclose, at any time and from time to time, any information or posted the content that it deems necessary or appropriate, including without limitation to satisfy any applicable, law, regulation, contractual obligation, legal, dispute process, or governmental request.
17. Digital Millennium Copyright Act
Magnus Jets expects all users to respect the intellectual property rights of others. Magnus Jets may remove material that appears in its sole discretion to infringe upon the intellectual property rights of others and we will terminate the access rights of any repeat infringer. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may notify us at info@magnusjets.com. The notification must include the following information: physical or electronic signature of the owner or authorized agent of the owner of the allegedly infringed work; identification of the allegedly infringed work; identification of the material that is claimed to be infringing and reasonably sufficient information for Magnus Jets to locate the material; contact information of the notifying party, such as an address, telephone number, and email; a statement that the notifying party has a good faith belief that the use of the material in the manner complained of is not authorized by the owner of the allegedly infringed work, its agent or the law; and a statement, under penalty of perjury that the information in the notification is accurate and the notifying party is the owner or authorized agent of the allegedly infringed work.
18. Disclaimer
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MAGNUS JETS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AS TO THE SITE AND ITS CONTENT, INCLUDING THE INFORMATION, DATA, SOFTWARE, OR PRODUCTS CONTAINED THEREIN, OR THE RESULTS OBTAINED BY THEIR USE OR AS TO THE PERFORMANCE THEREOF, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. THE SITE AND ALL CONTENTS THEREIN AND COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF THE SITE IS AT YOUR OWN RISK.
19. Limitation of Liability
You agree that in no event shall Magnus Jets be liable to you, or any third party, for any lost profits, incidental, consequential, punitive, special, or indirect damages arising out of or in connection with the Site or the Terms and Conditions, even if advised as to the possibility of such damages, regardless of whether the claim for such damages is based in contract, tort, strict liability or otherwise. This limitation on liability includes, but is not limited to, any (i) errors, mistakes, or inaccuracies in any Content or for any loss or damage of any kind incurred by you as a result of your use of or reliance on the Content; (ii) the transmission of any bugs, viruses, Trojan horses or the like which may infect your equipment, failure of mechanical or electronic equipment; (iii) unauthorized access to or use of the Site or Magnus Jets' secure servers and/or any personal information and/or financial information stored therein; or (iv) theft, operator errors, strikes or other labor problems or any force majeure.
20. Indemnification
You agree to indemnify and hold Magnus Jets and its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any suit, action, claim, demand, penalty or loss, including reasonable attorneys’ fees, made by or resulting from any third party due to or arising out of your use of the Site, breach of the Terms and Conditions or the materials it incorporates by reference, or your violation of any law, regulation, order or other legal mandates, or the rights of a third party.
21. Dispute Resolution & Governing Laws
In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
These Terms and Conditions shall be governed by and construed in accordance with the laws of USA in the State where the company is headquartered in and you hereby submit to the exclusive jurisdiction of the US courts in the State where Magnus Jets is based in.
22. Privacy & Cookies
For more information on how we collect your information and cookies, please refer to our Privacy Policy and Cookie Policy.
23. Changes
We reserve the right to update and revise these Terms and Conditions at any time. You will know if these Terms and Conditions have been revised since your last visit to the website by referring to the "Effective Date of Current Policy" date at the top of this page. Your use of our Site constitutes your acceptance of these Terms and Conditions as amended or revised by us from time to time, and you should, therefore, review these Terms and Conditions regularly.
24. Electronic Communications
When you visit the Site or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication is in writing.
25. Severability
If any of these Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms or conditions.
26. Assignment
We shall be permitted to assign, transfer, or subcontract our rights and obligations under these terms without your consent or any notice to you. You shall not be permitted to assign, transfer, or subcontract any of your rights and obligations under this agreement.
27. Force Majeure
Magnus Jets is not liable for any delays caused by circumstances beyond Magnus Jets’s control, e.g. general labor dispute, extreme weather, acts of war, fire, lightning, terrorist attacks, changed governmental orders, technical problems, defects in power- /tele-/computer communications or other communication and defects or delays in the service by sub-suppliers due to circumstances set forth above.
28. Entire Agreement
These Terms and Conditions set forth the entire understanding and agreement between you and Magnus Jets concerning the subject matter herein and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written concerning the Site. A printed version of these Terms and Conditions and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved. You may not assign the Terms and Conditions, or assign, transfer or sublicense your rights therein. A failure to act concerning a breach by you or others does not waive Magnus Jets's right to act concerning subsequent or similar breaches.
29. Term and Termination
This agreement becomes effective the date that you first access the Site and remains effective until it is terminated consistent with its terms. Violations of this agreement may result in the immediate termination of this agreement and denials or terminations of your access to the Site. Such restrictions may be temporary or permanent. Upon termination, your right to use this Site shall be revoked. All disclaimers, limitations of liability, indemnities, and rights of ownership and licenses to Magnus Jets shall survive any termination.
30. Contact Us
For any questions, complaints, and queries or to report any violations, please send an email to info@magnusjets.com