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TERMS and CONDITIONS

In these Terms and Conditions, “AerSource” shall mean any entity of AerSource International Ltd.

1.     Network

AerSource maintains one or more websites or webpages and mobile apps (the “Network”) forming an air charter services brokerage market for the users of air charter services (the “Charterers”). The Network may aggregate quotes for air charter services provided by third-party aircraft operators (the “Operators”).

These Terms and Conditions govern your access to and use of the Network. You, as Charterer, agree to use the Network only in accordance with these Terms and Conditions. You may access and use the Network only in order to make legitimate requests to book, through AerSource, services offered by the Operators (the “Requests”).

AerSource may at any time amend these Terms and Conditions. Your continued use of the Network will be governed by the Terms and Conditions in force at the time of such use.

2.     Role of AerSource

AerSource is an air charter broker and only acts as an intermediary between the Operators and the Charterers. AerSource arranges carriage by air by chartering aircraft from the Operators, acting as agent, in the name and on behalf of the Charterers.

AerSource does not itself operate, maintain, own or charter aircraft, is not a contracting, actual, direct or indirect carrier and does not provide air transportation services.

There is no carriage or charter agreement between AerSource and the Charterers and/or the passengers. AerSource is not itself a party to the carriage or charter agreements between the Operators and the Charterers (represented by AerSource) (the “Carriage Agreements”) and shall not bear any obligation or liability in relation thereto (in particular for any injury, damage, death, loss, accident or delay due to any action or omission of the Operators or any other third parties or occurring out of or in connection with the Carriage Agreements and/or the flights (or any related services), whether incurred by the Charterers or by the passengers).

These Terms and Conditions are not a contract for air transportation and no such contract is or will be entered into between you and AerSource.

To the extent US regulations 14 CFR Part 295 apply to the services offered by AerSource on the Network, AerSource hereby informs the Charterers that:

(i)          AerSource is an air charter broker acting as bona fide agent, in the name and on behalf of the Charterers;

(ii)         AerSource is not a direct US air carrier or a direct foreign air carrier in operational control of aircraft; and

(iii)        the air services advertised on the Network shall be provided by properly licensed direct US air carriers or direct foreign air carriers.

3.     Booking of Services

The booking of any air charter services (and any related services) through AerSource will in any case be in particular subject to, and governed by, an Aircraft Charter Brokerage Contract to be entered into between you and AerSource (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 AerSource further to a Request shall be considered as an offer to contract.

AerSource 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, any Aircraft Charter Brokerage Contract and any Carriage Agreement (which may be entered into between you, represented by AerSource, and any Operator). 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 face 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 AerSource 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 AerSource or have been licensed to AerSource. You may not use, copy, disseminate or misappropriate any Material without AerSource’ 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

Any information of any kind whatsoever which is provided in, or accessible through, the Network is provided or accessible for information only, without any warranty of any kind, either express or implied. In particular, no warranty is made regarding:

(i)          the accuracy, topicality, reliability, correctness, completeness or quality of any such information;

(ii)         the handling and/or acceptance of any Request;

(iii)        the entry into any Aircraft Charter Brokerage Contract between AerSource and any Charterer;

(iv)        the entry into any Carriage Agreement between any Operator and any Charterer;

(v)         the availability of services through the Network; and/or

(vi)        the fact that the Network will be accessible, functioning and/or error-free.

To the full extent permitted by applicable law, any liability of AerSource and of its shareholders, partners, affiliates, officers, directors, employees, agents, representatives, servants, auxiliaries, successors and assigns for any injury, damage, death, loss, accident or delay arising out of or in connection with:

(i)          these Terms and Conditions;

(ii)         its activities and/or services hereunder;

(iii)        the Network and any information provided in, or accessible through, the Network;

(iv)        any use of the Network or any issue in relation thereto;

(v)         any handling or non-handling of a Request; and

(vi)        any services obtained through the Network, is excluded.

In any case, any liability of AerSource and of its shareholders, partners, affiliates, officers, directors, employees, agents, representatives, servants, auxiliaries, successors and assignees for non-material, consequential or indirect damages and for loss of revenues or profits is excluded.

8.     Indemnification

By using the Network, you agree to be liable for, and shall indemnify AerSource, its shareholders, partners, affiliates, officers, directors, employees, agents, representatives, servants, auxiliaries, successors and assignees, and any other person (including any Operator and any owner, lessee or financier of any aircraft) (the “Indemnitees”) against, any direct or indirect damage (including reasonable attorneys’ fees):

(i)          which may result out of or in connection with any breach by you of these Terms and Conditions (including any representation or warranty by you herein), any other agreement or any applicable laws, regulations, orders, demands and travel requirements (including immigration and customs regulations); or

(ii)         relating to your actions or omissions for, in the name and/or on behalf of any third party, including your failure to inform such third parties of, or cause them to comply with, all terms and conditions applicable to services acquired through the Network.

9.    Personal Data

Personal data is processed by AerSource in accordance with the Privacy Policy available on the Network.

10.  Miscellaneous

These Terms and Conditions constitute the entire agreement between you and AerSource relating to your use of the Network and supersedes 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 AerSource.

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 Switzerland, 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 Ireland (with the right to appeal to the Irish High Court), to which the parties hereby irrevocably agree to be submitted. The foregoing shall not prevent AerSource to sue any Charterer before any other competent court.