In these Terms and Conditions, "Pickajet" shall mean any entity of Pickajet.
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Network
Pickajet 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 to make legitimate requests to book, through Pickajet, services offered by the Operators (the “Requests”).
Pickajet 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.
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Role of Pickajet
Pickajet is an air charter broker and only acts as an intermediary between the Operators and the Charterers. Pickajet arranges carriage by air by chartering aircraft from the Operators, acting as agent, in the name and on behalf of the Charterers.
Pickajet 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 Pickajet and the Charterers and/or the passengers. Pickajet is not itself a party to the carriage or charter agreements between the Operators and the Charterers (represented by Pickajet) (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 Pickajet.
To the extent that Maltese laws and regulations apply to the services offered by Pickajet on the Network, Pickajet hereby informs the Charterers that:
(i) Pickajet is an air charter broker acting as a bona fide agent, in the name and on behalf of the Charterers;
(ii) Pickajet is not a direct Maltese 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 Maltese air carriers or direct foreign air carriers.
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Booking of Services
The booking of any air charter services (and any related services) through Pickajet will, in any case, be subject to, and governed by, an Aircraft Charter Brokerage Contract to be entered into between you and Pickajet (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 Pickajet further to a Request shall be considered as an offer to contract.
Pickajet shall be entitled in its sole discretion to refuse to provide its services to any person or entity.
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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 Pickajet, 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 using 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.
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Termination of Usage
Your access to all or part of the Network may be suspended by Pickajet at any time in its sole discretion, with or without notice and with or without reason.
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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 Pickajet or have been licensed to Pickajet. You may not use, copy, disseminate or misappropriate any Material without Pickajet’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.
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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 Pickajet 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 Pickajet 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 Pickajet 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.
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Indemnification
By using the Network, you agree to be liable for, and shall indemnify Pickajet, its shareholders, partners, affiliates, officers, directors, employees, agents, representatives, servants, auxiliaries, successors and assignees, and any other person (including any Operator and any owner,