JETSBORDER EI CHARTER TERMS

Updated on June 26, 2025

This agreement, comprised of the Charter Terms, Passenger Regulations, and the Terms of Use (together, the “Charter Terms”), is entered into by and between the person or entity executing this agreement (“Passenger”) and Jetsborder EI (“Jetsborder EI”), effective as of the date executed by Passenger.

1. FLIGHT SERVICES

1.1 Jetsborder EI agrees to arrange air charter transportation (“Flight Services”) as Passenger’s authorized agent and to provide Passenger access to ancillary services (collectively with Flight Services, “Services”). As an air charter broker, Jetsborder EI acts as an agent of Passenger pursuant to Section 11 below in arranging air transportation at Passenger’s request. Jetsborder EI does not operate any aircraft; all air transportation under these Charter Terms will be operated by one or more properly licensed air carriers.

2. OPERATIONAL CONTROL

2.1 The carrier operating the flight (the “Carrier”) shall have exclusive direction, control, and authority over initiating, conducting, and terminating flights (“Operational Control”). Passenger understands and agrees that Carrier shall have absolute discretion in all matters, including without limitation preparation of the aircraft for a Flight Service, the Flight Service itself, the load carried and its distribution, whether or not a Flight Service will be performed, the route, and all other matters relating to the operation of the aircraft, including which passengers may not travel due to, for example, disruptive behavior, failure to provide requested documentation within the time allotted and or submit to reasonable pre-flight health checks (such as taking of body temperature by crew), or a passenger’s health, physical, or mental condition.

2.2 Carrier shall have the right to deny boarding to or otherwise remove any person who, in Carrier’s sole and final discretion, and without limitation, (a) appears to be intoxicated or under the influence of an illicit or controlled substance; (b) refuses reasonable checks of his or her person or baggage; (c) refuses screening for a disease, condition, or incapacity presenting a safety concern; (d) exhibits violent, aggressive, or inappropriate behavior towards passengers or flight crew; or (e) fails to provide legally valid government issued identification.

2.3 Without prejudice to the foregoing, where the Carrier determines in its sole and final discretion that safety may be compromised in performing a Flight Service, the Carrier may terminate or refuse to commence a flight, or take other action necessitated by safety considerations, without Carrier or Jetsborder EI breaching any agreement related to the performance of such Flight Service or incurring any liability for loss, injury, damage, or delay to Passenger.

2.4 To determine whether safety may be compromised, Passenger and Passenger’s guests (Passenger’s guests being defined throughout these Charter Terms as “Guests”) may be required to complete a health declaration form or written verification executed by a licensed physician or a legitimate medical facility confirming that: (i) Passenger has been tested for a specified infectious disease with an approved test that produced a negative result, or (ii) Passenger does not meet criteria for administering such a test and does not exhibit related symptoms (“Written Verification”). A health declaration form or Written Verification, as applicable, shall be considered timely where it is submitted with all requested information completed no later than twenty four (24) hours prior to scheduled departure time.

3. SCHEDULING

3.1 By timely accepting a booking quotation provided by Jetsborder EI in response to Passenger’s request for Flight Services (“PER SEAT”) and thereby accepting these Charter Terms, Passenger reserves the Flight Service or Services set forth on the PER SEAT and agrees to pay the Flight Cost and Additional Costs set forth on the PER SEAT, at which point the flight shall be considered confirmed subject to Section 5, Owner Approval, below (a “Confirmed Booking”). Passenger’s cancellation of a Confirmed Booking shall be subject to the cancellation policy set forth on the PER SEAT, except where Jetsborder EI determines that the Flight Cost was quoted or the PER SEAT was sent in error due to a technical issue, in which case Jetsborder EI shall have discretion to withdraw the PER SEAT without liability to Passenger, provided however that any amounts paid by Passenger to Jetsborder EI in support of the erroneous PER SEAT shall be promptly refunded.

4. AIRCRAFT AND CARRIER ASSIGNMENT AND SUBSTITUTIONS

4.1 All Flight Services are arranged on demand as requested by Passenger in accordance with Passenger’s flight requirements. All Flight Services are provided by one or more duly licensed air carriers (“Affiliated Air Carriers” or “Other Carriers”) on aircraft under their operational control (together, “Aircraft”).

4.2 Passenger consents to the substitution by Jetsborder EI of a Carrier or an Aircraft listed on a PER SEAT (“Substitution”) with an equivalent or superior Carrier or Aircraft (“Affiliate Substitution”). An Affiliate Substitution initiated by Jetsborder EI will be made without additional cost to Passenger and the pre Substitution cancellation policy shall continue to apply. If Jetsborder EI initiates a Substitution with another Carrier or Aircraft, Jetsborder EI shall notify Passenger of the change and Passenger shall have the right to approve or reject the Substitution. If Passenger does not reject the Substitution by providing written notice to Jetsborder EI upon reasonable demand (“Rejection Notice”), the Substitution shall be deemed accepted by Passenger. If Passenger timely provides a Rejection Notice, then the original PER SEAT shall be deemed cancelled with no further obligation or liability owed by one party to the other. For the avoidance of doubt, Passenger will not be charged a cancellation penalty in the case of a Substitution rejection by Passenger, and Jetsborder EI shall not have any liability to Passenger for the cancelled flight.

4.3 If Passenger requests a modification to a Confirmed Booking that necessitates a Substitution in Jetsborder EI’s reasonable discretion, then Jetsborder EI shall issue a new PER SEAT to Passenger, which Passenger shall have the right to accept or reject. For the avoidance of doubt, if Passenger rejects or fails to accept the newly issued PER SEAT, the original PER SEAT shall remain in full force and effect until cancelled by Passenger in writing, in which case Passenger shall be responsible for any applicable cancellation fees and Jetsborder EI shall have no liability for damages of any nature resulting from the cancellation.

5. OWNER APPROVAL

A Confirmed Booking may be subject to approval by the aircraft owner. If the aircraft owner rejects the Confirmed Booking or withdraws approval for use of the aircraft, Jetsborder EI will attempt to either (i) adjust the terms of the Flight Service to facilitate approval by the aircraft owner, or (ii) endeavor to provide a Substitution in accordance with Section 4, Substitution. For the avoidance of doubt, the failure or inability to accomplish (i) or (ii) shall not be deemed a breach of these Charter Terms by Jetsborder EI.

6. RECOVERY SERVICE

6.1 Jetsborder EI shall use commercially reasonable efforts to arrange alternative Flight Service (“Recovery Service”) whenever a flight is cancelled as a result of a Force Majeure Event, subject to Passenger’s payment of any additional fees or costs. In such case, Jetsborder EI shall issue a new PER SEAT for the proposed Recovery Service and Passenger shall have the right to approve or reject the PER SEAT. If Passenger accepts the PER SEAT for the Recovery Service, Passenger shall be responsible for the cost of the Recovery Service as set forth on the PER SEAT, including the Flight Cost and any Additional Costs. Recovery Service may be provided on an aircraft that is lower in class than the aircraft originally scheduled to perform the Flight Service and may depart from any airport within a one hundred (100) mile radius of the origin airport. Jetsborder EI does not guarantee the time frame in which Recovery Service will be provided. If Passenger does not accept a PER SEAT issued by Jetsborder EI for a Recovery Service within twenty four (24) hours of issuance, then both parties shall be released from their obligations with respect to the cancelled Flight Service, including without limitation the provision of Recovery Service options.

6.2 Where one or more legs of a multi leg Flight Service is cancelled due to a Force Majeure Event, Jetsborder EI shall provide Recovery Service only for the flight segment that was cancelled, interrupted, or delayed, failing which Section 9.6 shall apply.

7. FLIGHT COST AND ADDITIONAL COSTS

7.1 Prices for Flight Services are dynamic and may be updated in real time. The “Flight Cost” set forth in the PER SEAT represents the cost of air transportation incurred in support of the requested Flight Service based on the information provided to Jetsborder EI by Passenger and may include certain Additional Costs as set forth in Section 7.2 below.

7.2 The following fees, charges, and costs (“Additional Costs”) may not be included in the price set forth in the PER SEAT and may, at Jetsborder EI’s sole discretion, be recharged to Passenger by Jetsborder EI: (a) Applicable Taxes and airport terminal charges; (b) additional services and offerings requested by Passenger, including ground transportation and catering or additional personnel; (c) wi fi usage or other telecommunications charges; (d) selection of a fixed base operator or similar airport facilities other than those pre selected by the Carrier or Jetsborder EI; (e) landing, handling and high density airport fees; (f) de icing, ramp and hangar fees; (g) deep cleaning where required by Passenger’s use of the Aircraft, including smoking or transportation of pets; (h) additional flight crew beyond the standard crew, or specific flight crew where accommodated; (i) specially requested in flight entertainment; (j) cancellation fees; (k) firm departure surcharge; (l) increased cost resulting from a significant flight deviation requested by Passenger and accommodated by Carrier, including a change of departure time or location; (m) a service fee, which may be applied to each Additional Cost under this Section; (n) a voluntary carbon or sustainable aviation fuel offset; and (o) insurance surcharges.

For the avoidance of doubt, Additional Costs may be included in the Flight Cost where Jetsborder EI has timely notice of a request and chooses to include the costs in the pricing. Passenger will not be obligated to make any payments directly to third parties unless otherwise notified. Passenger shall be liable for the actual Flight Cost and all Additional Costs incurred in connection with the provision of a Flight Service.

7.3 “Applicable Taxes” are any and all international, national, regional, and local taxes, charges, imposts, duties, excise taxes, fuel taxes, and fees, including user fees, relating to a Flight Service.

7.4 Passenger agrees to indemnify and reimburse Jetsborder EI for any and all Additional Costs and other expenses incurred as a result of damage and excess wear and tear to the Aircraft interior and or exterior reasonably attributable to Passenger or their Guests, as invoiced by Jetsborder EI or Carrier.

8. PAYMENT

8.1 Passengers who are also Jetsborder EI members shall be subject to the payment terms set forth in their membership agreement. Passengers who are not Jetsborder EI members may elect to remit payment for Flight Services by bank transfer or credit card as provided in this Section. Time for payment is of the essence.

8.2 Passenger authorizes Jetsborder EI to place a hold on the credit card utilized to reserve the Confirmed Booking for the full amount of the Flight Cost and applicable Additional Costs and further authorizes such hold to remain in effect until the Flight Cost and Additional Costs are settled in full. If Passenger does not transfer payment to Jetsborder EI in advance of the scheduled departure date pursuant to Section 8.3 below, the credit card will be charged and any Flight Costs or Additional Costs not known at the time the credit card is charged will be charged when such amount or amounts become known by Jetsborder EI.

8.3 If a Passenger elects to remit payment to Jetsborder EI via bank transfer or via credit card hold with bank transfer, Jetsborder EI must receive the funds (i) no less than five (5) days following the date on which the booking is made, or (ii) if the flight is scheduled to depart less than five (5) days from the date of booking, no less than forty eight (48) hours prior to the scheduled departure time (“Wire Deadline”). If Jetsborder EI does not receive payment in cleared funds by the Wire Deadline, Passenger authorizes Jetsborder EI to charge the estimated Flight Cost and Additional Costs, plus any applicable administrative fee, to Passenger’s credit card, unless Jetsborder EI has otherwise agreed to an alternative payment method.

8.4 If a Confirmed Booking is canceled, Passenger authorizes Jetsborder EI to immediately charge the applicable cancellation fees to Passenger’s credit card, or to withhold the cancellation fee from transferred funds and or any membership funds on account at Jetsborder EI’s discretion.

8.5 Passenger represents to Jetsborder EI that he or she has full authority to utilize the credit card to reserve the Flight Service and pay for the Flight Cost and Additional Costs, and shall indemnify Jetsborder EI against any and all claims related to unauthorized use of the credit card.

8.6 For the avoidance of doubt, Jetsborder EI shall have no obligation to arrange or service a Confirmed Booking where (i) payment is not timely remitted as provided in this Section or (ii) Passenger is delinquent on any amounts due and owing to Jetsborder EI or an affiliate thereof under any other contract.

8.7 To the fullest extent permitted by law, Passenger covenants and agrees not to submit, file or otherwise initiate any claim, complaint, demand, chargeback or dispute (“Dispute”) with Passenger’s credit card issuer or any administrative agency relating to Passenger’s utilization of a credit card for payment of services as described in this Section 8. Passenger shall indemnify and hold harmless Jetsborder EI against any and all losses, costs or expense, including reasonable attorneys’ fees, arising from Passenger’s breach of this Section 8.7 or any Dispute, including unauthorized use of the credit card.

8.8 Passengers who are also Jetsborder EI members shall have the right to dispute charges as set forth in their membership agreement. Passengers who are not Jetsborder EI members must notify Jetsborder EI of a disputed charge within fifteen (15) days of the date of the invoice, receipt, or statement on which such charge first appeared. After fifteen (15) days, the charges will be considered valid, final and undisputed. Any sums due from Passenger to Jetsborder EI which remain unpaid more than fifteen (15) days beyond their due date shall be subject to interest at the maximum amount of interest permitted by applicable law.

8.9 In the event a refund of any amount is to be provided to Passenger, such amounts will be refunded exclusively to the account from which funds were originally transmitted, except where Passenger provides written confirmation from a bank that said account is no longer active and such confirmation is deemed acceptable to Jetsborder EI in its sole discretion.

8.10 Jetsborder EI may, at its sole discretion, allocate all or part of any payment received pursuant to these Charter Terms to offset or settle in full or in part any sums due from Passenger to Jetsborder EI or an affiliate thereof under any other contract (“Allocation”). For the avoidance of doubt, Passenger shall remain liable for the full amount due under these Charter Terms and shall, immediately upon Jetsborder EI’s demand, make a further payment equal to the Allocation.

8.11 Passenger authorizes Jetsborder EI to charge any credit card provided by Passenger to Jetsborder EI to settle Passenger’s outstanding liabilities to Jetsborder EI or any affiliate of Jetsborder EI.

8.12 Passenger, including any entity on whose account a Flight Service was arranged for Passenger by Jetsborder EI where applicable, shall be liable for any and all fees incurred by Jetsborder EI in collecting outstanding amounts due, including reasonable attorneys’ fees, and any fees incurred by Jetsborder EI resulting from a rejection of the form of payment provided by Passenger, including insufficient funds.

9. CANCELLATIONS AND DELAYS

9.1 Passenger acknowledges that the cancellation of any Confirmed Booking or portion thereof will result in the assessment of the cancellation charge specified on the PER SEAT, or as may be subsequently invoiced to Passenger, and such charge shall be immediately due and payable by Passenger.

9.2 Where Passenger originates a shared Flight Service for which Passenger agrees to the sale of individual seats by Jetsborder EI on a charter flight (“Shared Charter”), the applicable cancellation terms shall be as communicated by Jetsborder EI in the relevant public charter or shared flight documentation, including the cancellation fees set forth therein. Where Passenger is the creator of a Shared Charter, a cancellation fee of one hundred percent (100%) of the total Flight Cost may apply for cancellations made following Jetsborder EI’s sale of one or more seats on such Shared Charter, as specified in the applicable documentation.

9.3 Jetsborder EI may, at its sole discretion, arrange to bring forward or postpone a requested departure time by a reasonable period on peak days notified to Passenger in advance. For the avoidance of doubt, any peak days set forth in a PER SEAT for a flight scheduled to be performed by an Other Carrier shall control solely for purposes of determining the cancellation terms applicable to the flight.

9.4 Jetsborder EI, at its sole discretion, may accommodate a delay to the departure time requested by Passenger, provided Passenger informs Jetsborder EI of the expected delay before the scheduled departure time and such delay does not impact the journey of another Jetsborder EI or Carrier customer or Carrier’s compliance with crew rest periods, or cause Jetsborder EI or the Carrier to incur further costs. If Jetsborder EI and or Carrier are unable to accommodate the further delay, or if Passenger does not inform Jetsborder EI of such further delay and or in the case of a “no show”, the Flight Service will be deemed cancelled by Passenger and Passenger will be charged the full Flight Cost and any Additional Costs.

9.5 Flight Services shall be deemed cancelled by Passenger in the event of: (i) cancellation of any Confirmed Booking communicated by Passenger to Jetsborder EI in advance of the scheduled departure, (ii) a delay by Passenger or any of its Guests impacting the scheduled time of departure (unless specifically agreed by Jetsborder EI in advance in writing at its sole discretion) and or a “no show”, (iii) any refusal or inability of Passenger and or Guests to comply with the reasonable instructions of a Carrier and or the pilot in command for flight safety, health, or security reasons leading to the pilot in command and or the Carrier to deem it necessary at their sole discretion to cancel or terminate a planned flight, (iv) failure to provide necessary health and safety documentation requested by Jetsborder EI or Carrier at their sole discretion by the deadline provided, (v) Passenger or its Guests inability to secure exit from the departure destination or entry to the arrival destination, (vi) Passenger failing to make any payment prior the contractual due date, (vii) Carrier’s denial of boarding of Passenger for any reason within Carrier’s Operational Control, and or (viii) Passenger’s violation of these Charter Terms.

9.6 Where the PER SEAT for a Confirmed Booking specifies a multi leg Flight Service, the cancellation of one or more legs of the trip for any reason shall result in a cancellation charge, which shall be calculated in relation to (i) the date of the first leg of the trip, and (ii) the total Flight Cost for the trip as a whole as originally set forth on the PER SEAT.

9.7 If a Flight Service is cancelled pursuant to Section 9.4 or 9.5, the costs of any additional goods and or services arranged by Jetsborder EI at Passenger’s request through third party supplier or suppliers ancillary to the actual Confirmed Booking shall remain the responsibility of Passenger.

9.8 For the avoidance of doubt, any reimbursement of amounts paid by Passenger shall always be subject to the deduction of any amounts outstanding owing to Jetsborder EI, including cancellation fees.

9.9 For offers created by a Black Card Experience member, and where the Flight Service is scheduled to depart more than ninety (90) days after the booking date, the member may request one change of the departure date within seventy two (72) hours following the booking. This change is limited to a new departure date that is no more than seven (7) days earlier or seven (7) days later than the original departure date, subject to aircraft and Carrier availability and compliance with applicable law.

9.10 For offers created by a Black Card Experience member, and where the Flight Service is scheduled to depart more than one hundred twenty (120) days after the booking date, the member may request one change of the departure date within fifteen (15) days following the booking. This change is limited to a new departure date that is no more than seven (7) days earlier or seven (7) days later than the original departure date, subject to aircraft and Carrier availability and compliance with applicable law.

9.11 The flexibility described in Sections 9.9 and 9.10 applies only to offers created by a Black Card Experience member and does not exempt Passenger from any applicable fare difference or Additional Costs resulting from the change. Any further change or cancellation remains subject to the standard cancellation policy set out in this Section 9.

10. FORCE MAJEURE

Neither Jetsborder EI nor Carrier shall have any liability for a delay, interruption or failure to provide an Aircraft or furnish Services when such delay or failure is caused by a Force Majeure Event. “Force Majeure Event” means an act of God, strike or lockout or other labor dispute, act of a public enemy, war (declared or undeclared), terrorism, public health concern, quarantine declared by a national authority or international organization, blockade, revolution, civil commotion, fire, any weather related event affecting safety of flight, flood, earthquake, explosion, governmental restraint, embargo, aircraft mechanical issues, inability to obtain or delay in obtaining equipment, parts, or transport, and any other cause beyond the control of Jetsborder EI or Carrier, whether or not of the kind specifically enumerated above.

11. AGENCY

11.1 Passenger appoints and authorizes Jetsborder EI to act as agent for Passenger solely to arrange and pay for air transportation services as requested by Passenger, operated by one or more licensed Carriers on Passenger’s behalf, which may include Affiliated Carriers. Passenger hereby designates, constitutes and appoints Jetsborder EI as its true and lawful attorney in fact for the purposes of arranging Flight Services pursuant to one or more air transportation agreements. For the avoidance of doubt, Passenger authorizes Jetsborder EI to select a Carrier to perform a Flight Service requested by Passenger in its sole discretion.

11.2 Jetsborder EI may exercise this power of attorney to sign Passenger’s name on any documents necessary to obtain Services on behalf of Passenger, and Passenger declares that any act lawfully done hereunder by Jetsborder EI on behalf of Passenger shall be effective, valid and binding on Passenger as if the same had been signed, sealed and delivered or done by Passenger. Jetsborder EI’s appointment as Passenger’s attorney in fact, and all of Jetsborder EI’s rights and powers hereunder, shall be deemed coupled with an interest, are irrevocable and shall remain in effect until Jetsborder EI’s obligation to arrange for Services has terminated.

11.3 Subject to Passenger complying with these Charter Terms, Jetsborder EI shall arrange and pay for services on behalf of Passenger.

12. LIABILITY

12.1 Passenger agrees and acknowledges that Jetsborder EI is only arranging Flight Services on Passenger’s behalf and Jetsborder EI shall have no liability to Passenger whatsoever for the operation or performance of Flight Services carried out by Carrier or Carriers and or for any actual direct, indirect, special or consequential damages caused directly or indirectly by any breach by Carrier of the air transportation agreement including, without limitation, any delay or failure of Carrier to provide an Aircraft arranged under these Charter Terms.

12.2 Passenger shall reimburse Jetsborder EI promptly on demand for the costs of repairing, cleaning, and or disinfecting any exterior or interior damage caused by Passenger, Passenger’s Guests, their baggage, or their animals to any Aircraft arranged under these Charter Terms.

12.3 Passenger shall not be entitled to assert any responsibility on the part of Jetsborder EI for any damages or losses relating to ancillary Services arranged at Passenger’s request, except to the extent such damages or losses were caused by Jetsborder EI’s willful misconduct.

12.4 To the fullest extent permitted by law, neither party or its affiliates or any Carrier shall be liable to the other (including to Passenger’s Guests) or any of their respective directors, officers, members, managers, agents and employees for any indirect, special or consequential damages including, but not limited to loss of profit, loss of use, value, revenue, business opportunities and similar loss, and or punitive damages of any kind or nature, including without limitation in any circumstances or for any reason including losses suffered by Passenger as a result of any delay or failure by Jetsborder EI in arranging an Aircraft or a Carrier performing a Flight Service arranged under these Charter Terms, even if any such party knew or should have known of the possibility of such damages.

12.5 Affiliated Aircraft are subject to aviation policies procured and maintained by the operating Carriers for a combined single limit per occurrence per aircraft, which includes coverage for passenger legal liability and third party legal liability, including bodily injury and property damage (the “Policies”). In addition, non owned aircraft liability coverage may exist for the benefit of Jetsborder EI in an amount not less than USD 300,000,000 per occurrence, together with personal injury coverage and coverage for each passenger’s personal effects, as communicated by Jetsborder EI.

12.6 Passenger agrees to accept the proceeds of the Policies maintained by Carrier and any non owned aircraft liability policies maintained for the benefit of Jetsborder EI as Passenger’s sole recourse against Jetsborder EI or any Carrier for any loss or damage (including, without limitation, injury, death or property damage) to Passenger or any additional insureds arising out of the Services arranged under this agreement, provided that Passenger shall not be limited in its recourse to the extent such insurance proceeds are withheld or reduced due to the actions or inactions of Jetsborder EI.

12.7 The parties acknowledge and agree that the limited recourse and liability clauses in this Section 12 and as otherwise set forth in this agreement have been expressly agreed to for the benefit of each Carrier as if they were parties to the agreement for such purpose. Each Carrier is an intended third party beneficiary of this Section 12.

13. INDEMNITY

Passenger agrees to indemnify and hold harmless Jetsborder EI, Carrier, and each of their affiliates and their officers, directors, managers, employees, and agents (“Indemnified Party”) from and against any and all claims, loss, damage, demands, liabilities, injury or expense, including attorneys’ fees arising out of or in connection with Passenger’s gross negligence, willful misconduct, violation of the rights of any third party (including other passengers or Carrier crew) or third party goods or ancillary Service providers, except to the extent arising out of the Indemnified Party’s gross negligence, willful misconduct, or breach of these Charter Terms.

14. GOVERNING LAW AND JURISDICTION

14.1 This agreement and all the rights of the parties hereunder shall be governed by, construed and enforced in accordance with the laws of France, without reference to conflict of law principles of any jurisdiction.

14.2 Any claim or dispute between the parties and or against any agent, employee, successor, or assign of the other, whether related to these Charter Terms or the relationship or rights or obligations contemplated herein, including the validity of this clause, shall be submitted to the exclusive jurisdiction of the competent courts of Paris, France, without prejudice to any mandatory protective rules that may apply to Passenger as a consumer under applicable law.

15. COVENANTS

15.1 Passenger shall use Aircraft for Passenger’s own pleasure or for business and shall not use the aircraft (a) to provide transportation of Guests or cargo for remuneration, unless approved in writing by Jetsborder EI; (b) in violation of applicable aviation regulations or any insurance conditions communicated to Passenger; (c) for any illegal purpose; (d) in bad faith; or (e) for the transportation of precious metals, gems or cash as cargo; and or (f) for any commercial use, including photography or filming, unless approved in advance in writing by Jetsborder EI.

15.2 Passenger acknowledges that Passenger has no proprietary or exclusive rights in any Aircraft.

15.3 Passenger and Passenger’s Guests shall comply with applicable aviation regulations and the Carrier’s contract of carriage insofar as these each impose binding obligations or restrictions on Passenger and or Guests. “Applicable Aviation Regulations” are all applicable national and international rules and regulations and operational standards relating to an Aircraft. Passenger and Guests shall conduct themselves in an appropriate manner and strictly adhere to the Passenger Regulations and rules of conduct made available by Jetsborder EI to ensure a safe, friendly, and respectful experience on flights arranged by Jetsborder EI.

15.4 Passenger warrants and represents that it has all requisite power, consents and authorization to enter these Charter Terms lawfully and perform all obligations arising hereunder, and that doing so does not contravene or breach any applicable agreement, instrument, order, judgment, injunction, covenant, decree or other restriction. If Passenger is an entity, Passenger further represents that it has duly secured all necessary authority and approval under all corporate documents and procedures to enter into any agreement with Jetsborder EI, warrants that each individual executing, delivering, and performing has full, complete, and legal authority to bind Passenger, and acknowledges and agrees that the Flight Service requested by Passenger and being provided by Jetsborder EI is for the benefit of the entity. Jetsborder EI shall be entitled in good faith to rely on reasonable representations made by an individual with actual or apparent authority to bind Passenger in arranging or fulfilling Flight Services or taking any other such actions as may be authorized by these Charter Terms. Each such individual executing these Charter Terms on behalf of Passenger shall, upon an event of default by Passenger, become jointly and severally liable with Passenger for all Passenger’s representations and obligations under these Charter Terms and shall remain so liable for so long as these Charter Terms remain valid.

15.5 Passenger agrees that it shall be solely responsible for the care, custody and control of any animal accompanying Passenger or Guest during a Flight Service, and shall adhere to any instructions provided by the Carrier regarding such care, custody and control. Passenger shall defend and indemnify Jetsborder EI for any damages, injuries or loss caused by such animal. Jetsborder EI reserves the right to recharge Passenger any deep cleaning surcharges imposed on Jetsborder EI by Carrier associated with the transportation of pets or animals.

15.6 Passenger agrees to not disclose this agreement or the terms thereof to any third party without Jetsborder EI’s prior written approval, except (i) to the extent required by law, (ii) to permit Passenger to comply with its contractual obligations under these Charter Terms, or (iii) to the extent such terms are already generally available to the public.

15.7 Passenger accepts that the collection, use, and processing of personal data of natural persons related to these Charter Terms shall be governed by the applicable data protection related laws and regulations, as well as Jetsborder’s Privacy Policy available at https://www.jetsborder.com/conditions-legal/privacy-policy. Passenger authorizes Jetsborder EI to use Passenger’s personal data to check Passenger’s credit in connection with invoice collection efforts or perform criminal and other background searches of Passenger in evaluating whether to permit Passenger to utilize Jetsborder EI Services. By submitting personal data to Jetsborder EI or to an affiliate about any natural person, including Guests, Passenger confirms that: (i) Passenger has been appointed to act for such persons; (ii) such persons consent to the processing of their personal data in accordance with these Charter Terms, which may include sensitive personal data; and (iii) Passenger will inform such persons of Jetsborder EI’s identity and all applicable privacy policies, including the sections of the Jetsborder Privacy Policy regarding types of personal data collected, how it is used, and with whom it is shared.

16. LEGAL COMPLIANCE

16.1 Passenger, which for purposes of this section includes its employees, agents, affiliates, and Guests (together, for the purposes of this Section, “Passenger”), represents, warrants, and agrees that: (i) Passenger is not a sanctioned entity or individual, or otherwise the subject or target of any economic, export, or trade sanction law, or regulation or travel ban that would prohibit Jetsborder EI or a Carrier from transacting with Passenger under applicable law; (ii) Passenger will promptly notify Jetsborder EI in writing should it know, or have reason to know, of any change or potential change in status under this Section; (iii) Passenger shall honor all applicable laws; (iv) funds paid to Jetsborder EI by Passenger are not derived from illegal acts; (v) Jetsborder EI may be required by law to block, freeze, and or remit funds, which it will do without liability to Passenger; (vi) Passenger will promptly provide to Jetsborder EI accurate information and documentation reasonably requested to assess compliance with this Section, including, without limitation, that related to know your customer, ultimate beneficial owner and source of wealth or funds, and consents to screening and or background checks; and (vii) without prejudice to all of Jetsborder EI’s other rights under these Charter Terms and at law, (a) Jetsborder EI may at its discretion (1) terminate these Charter Terms by means of written notice to Passenger, with immediate effect, without need of judicial recourse, and or (2) decline to arrange flights or otherwise provide services, and do so without liability for compensation or damages of any type or nature, in the event that Passenger breaches this Section, makes misrepresentations regarding legal compliance, is convicted or adjudicated of an offence in any jurisdiction that is related to human rights violations, terrorism, drug trafficking, financial impropriety, or could otherwise bring Jetsborder EI into disrepute or is prejudicial to Jetsborder EI’s interest, or Jetsborder EI or Carriers are otherwise unable to transact with Passenger under law, and (b) Passenger assumes all liability and shall in perpetuity, beyond the expiry of these Charter Terms, indemnify, reimburse, and hold free and harmless Jetsborder EI, its officers, directors, shareholders, employees, agents, affiliates, and subcontractors from and against any and all related claims, suits, losses, costs, and liabilities.

16.2 For the avoidance of doubt, Jetsborder EI and or Carrier may refuse Flight Services at any time and at their sole discretion due to current applicable laws relating to travel, export, and or restrictions that would make performance of the Flight Service unlawful or impossible.

17. MISCELLANEOUS

17.1 Passenger shall provide Jetsborder EI no later than twenty four (24) hours, or by such other date and time set by Jetsborder EI, prior to departure with a complete Guest list, government issued identification, and all other necessary information and valid documentation and any other operational requirements for the requested Flight Services, which may include medical certificates and health declarations and information reasonably required for the Carrier to obtain appropriate permits and permissions (“Permits and Permissions”). For international Flight Services, Passenger agrees that it is their sole responsibility to obtain any required visas or entry documentation and acknowledges that Passenger must have a valid passport in their possession. Neither Jetsborder EI nor Carrier shall have any liability for Passenger’s non compliance with this Section or with any government regulations.

17.2 Aircraft availability shall always be subject to the Carrier being able to obtain appropriate Permits and Permissions and making, in its sole discretion, an affirmative operational determination regarding flight safety, risk and legality. This includes, but is not limited to, customs and immigration permits, operational or cabotage restrictions, available take off and landing slots, sanctions and war risk, health and safety determinations, pilot in command approvals, and any other requirements deemed necessary. Jetsborder EI will notify Passenger where cabotage restrictions restrict or prohibit the domestic carriage of passengers as soon as possible following a flight request. Passenger must provide to Jetsborder EI any information or documentation as may be reasonably requested to obtain Permits and Permissions as soon as possible. For the avoidance of doubt, Passenger’s direct or indirect contribution to the inability to obtain Permits and Permissions, including, without limitation, the failure to provide timely and accurate information, shall result in a deemed cancellation.

17.3 No special terms, representations, assurances, promises or warranties shall be binding on Jetsborder EI except as set out expressly herein. Passenger has carefully reviewed these Charter Terms and acknowledges that neither Jetsborder EI nor any of its affiliates or representatives has made or could make, directly or indirectly, any express or implied representation or warranty unless such information is expressly included herein. Any previous agreements, warranties, or representations made between the parties relating to these Charter Terms, if any, are cancelled, disclaimed, superseded and are not to be relied on. Without prejudice to the generality of the foregoing, and without limitation, Passenger acknowledges that aircraft images, layouts, and or figures are provided for informational purposes only and may differ from the specific aircraft arranged.

17.4 These Charter Terms do not create a joint venture, partnership or other form of business relationship between the parties save as expressly set out herein. If any provision or provisions of these Charter Terms are held to be wholly or partly invalid, void, illegal or unenforceable (“Invalid Provision”), the remaining provisions shall remain in full force and effect and the Invalid Provision shall be modified to reflect the original intention of the parties to the fullest extent permitted by law. All sections intended to survive termination or expiry of these Charter Terms shall so survive.

17.5 Jetsborder EI may novate, assign, sub contract and transfer these Charter Terms and all or any of its rights and obligations under them to (a) a holding company, (b) any affiliate of a holding company, or (c) any company purchasing the business and undertaking of Jetsborder EI. In the event of such novation, assignment, sub contracting, or transfer, Jetsborder EI shall inform Passenger thereof in writing within a reasonable time thereafter. Passenger may not assign or otherwise transfer any of its rights or obligations under these Charter Terms without Jetsborder EI’s prior written consent.

17.6 The parties agree that (a) headings are for reference purposes only, (b) these Charter Terms shall be construed as though both parties participated equally in the drafting, and (c) the failure to enforce or selective enforcement of any rights under these Charter Terms will not be deemed to be a waiver of those rights or to preclude any other enforcement.

17.7 These Charter Terms may be executed by electronic signature, including but not limited to the use of a symbol, process, email signature, or electronic button, checkmark or toggle in any Jetsborder EI mobile application or website or any other electronic medium attached to or logically associated with a record or document and executed by Passenger or Passenger’s authorized representative with the intent to sign or acknowledge such record or document. Electronic signatures shall have the same force and effect as manual signatures.

17.8 Passenger agrees that if these Charter Terms are accepted through a Jetsborder EI mobile app, website, or by email by Passenger or by a representative reasonably appearing to have authority to bind Passenger, such acceptance shall constitute an electronic signature and be binding as if made by Passenger.

ANNEXURE I – 2025 PEAK DAYS

The following dates are considered peak days for scheduling and may be subject to specific operational rules and or flexibility on departure times as communicated in the applicable PER SEAT.

2025 Peak Days:

January: 5
February: 14, 18
March: none
April: 17, 20
May: 4
June: 19, 20, 22, 29, 30
July: 4, 6, 13
August: 9
September: none
October: 5
November: 21, 30
December: 21, 26

On these dates, Jetsborder EI reserves the right to bring forward or move back departure times by a reasonable period, as specified in the applicable PER SEAT.