Jetsborder EI Special Terms and Conditions for On Demand Charter Brokerage

Updated September 2025

1. General

1.1 These Jetsborder EI Special Terms and Conditions for On Demand Charter Brokerage (the "OD Terms" or the "Agreement"), together with any applicable Jetsborder General Terms and Conditions of Brokerage and the terms set out in the relevant quotation and or booking confirmation (the "Confirmation"), form the contractual basis for the provision of charter brokerage services (the "Services") by Jetsborder EI trading as Jetsborder EI ("Jetsborder") in favour of the client identified in the Confirmation (the "Client").

1.2 Jetsborder acts exclusively as an air charter broker. Jetsborder does not operate aircraft, does not hold an air operator certificate and does not provide air transport to passengers. All flights are performed by independent air carriers holding valid and up to date licences, air operator certificates and approvals in their own name (each an "Operating Carrier").

1.3 The Services consist in arranging, in the name and or on behalf of the Client, air transport services to be performed by one or more Operating Carriers as described in the quotation and or Confirmation (the "Flight Services"). The contractual relationship for the actual operation of the flights exists between the Client and or passengers and the relevant Operating Carrier, and is governed by the general conditions of carriage and other terms of such Operating Carrier.

1.4 By requesting or accepting a quotation or a Confirmation, the Client acknowledges and accepts that:

a) Jetsborder acts as an intermediary and not as carrier or organiser of package travel.
b) All operational decisions, safety matters, delays, diversions, technical issues and flight crew decisions fall under the exclusive control and responsibility of the relevant Operating Carrier and or the pilot in command.
c) The Operating Carrier general conditions of carriage, safety rules and internal policies apply to the Flight Services, in addition to this Agreement.

2. Parties and conclusion of contract

2.1 Any quotation issued by Jetsborder is non binding and subject to aircraft and crew availability, traffic rights, slots, permits, parking and any other operational or regulatory constraints. Only the issuance of a written Confirmation by Jetsborder constitutes a binding offer for the Services on the terms set out in that Confirmation.

2.2 The contract between Jetsborder and the Client is formed upon the earliest of:

a) The return of the Confirmation duly signed by or on behalf of the Client.
b) Written acceptance of the Confirmation by the Client.
c) Payment by or on behalf of the Client of any amount in respect of the price stated in the Confirmation.

2.3 The contract may be concluded either:

a) With an end customer as Client, or
b) With an agent acting on behalf of an end customer.

In the latter case, the agent warrants that it is fully authorised to bind the end customer, and agrees that it shall be jointly and severally liable with the end customer for all obligations arising under this Agreement, including payment of all amounts due and any breach by any passenger utilising the Flight Services.

2.4 The Client is responsible for providing Jetsborder with complete and accurate information in a timely manner, including passenger names, contact details, special requests, luggage information and any other information reasonably required to arrange the Flight Services.

3. Nature and performance of the Services

3.1 Jetsborder shall use reasonable skill and care to arrange the Flight Services as described in the Confirmation with a duly authorised Operating Carrier and or aircraft operator. Jetsborder may, at its discretion and where necessary, arrange for a different Operating Carrier and or aircraft type of equivalent or higher standard, in which case Jetsborder shall inform the Client as soon as reasonably practicable.

3.2 The Flight Services will be performed by the Operating Carrier pursuant to and in accordance with:

a) Applicable laws and regulations, including aviation, customs, immigration, health and safety regulations.
b) The Operating Carrier air operator certificate and operating procedures.
c) The Operating Carrier general conditions of carriage and internal rules.

3.3 The Client and all passengers shall comply with:

a) All applicable laws and regulations of the states of departure, transit and destination.
b) All requirements of immigration, customs, police and airport authorities.
c) All instructions and rules of the Operating Carrier and of the pilot in command, including any decision relating to boarding, seating, carriage of baggage or animals, diversion or cancellation in the interest of safety or security.

3.4 Jetsborder expressly reserves the right for the Operating Carrier to use any empty capacity or positioning legs of the aircraft on its own account before, between or after the Flight Services, provided that this does not unreasonably prejudice the Flight Services booked by the Client.

3.5 Nothing in this Agreement shall be construed as granting the Client any ownership interest, lease or other proprietary right in any aircraft, or any right to hold itself out as an air carrier.

4. Price, included and excluded items

4.1 Unless otherwise stated in the quotation or Confirmation, the price indicated in the Confirmation (the "Price") typically includes:

a) The agreed number of seats and or the exclusive use of the aircraft for the sectors specified.
b) Flight crew and cabin crew as required by regulation and the Operating Carrier.
c) All regular airport charges and handling fees at the airports specified in the Confirmation.
d) Applicable local taxes and charges directly linked to the Flight Services, including ILT where applicable.
e) Standard VIP catering on board in line with the time of day and flight duration.
f) Access to a standard VIP lounge, where available and included by the Operating Carrier or handler.
g) When expressly mentioned in the Confirmation, ground transfer by car between airport and hotel or agreed address at destination, within a reasonable distance.

4.2 The following costs are not included in the Price unless expressly stated otherwise in the Confirmation and may be charged in addition at cost, together with any brokerage or handling fee specified in the quotation or Confirmation:

a) De icing, anti icing and weather related operational surcharges.
b) Special catering requests such as caviar, premium wines and spirits or specific brands.
c) Additional or upgraded VIP terminal services, escort services, helicopter or limousine transfers not expressly included.
d) Any additional concierge services arranged by Jetsborder upon request of the Client.
e) Any costs resulting from changes requested by the Client after Confirmation, including schedule changes, route changes, additional stops or overnights.
f) Any additional crew costs, crew overnight costs or positioning resulting from a delay or change caused by the Client or passengers.
g) Any increase in taxes, fees, fuel or other charges imposed after the date of the Confirmation, where such items are shown as separate or variable elements.

4.3 All services and items are and remain subject to slot availability, traffic rights, permits and parking availability at the relevant airports. If slots, permits or parking cannot be obtained on the requested schedule, Jetsborder will, where feasible, propose reasonable alternatives. Any additional costs arising from such alternatives shall be subject to prior approval by the Client.

5. Payment

5.1 Unless otherwise specified in the Confirmation, the Price and all applicable taxes and charges are due upon receipt of invoice and must be received by Jetsborder in cleared funds no later than the payment date indicated in the Confirmation, or, if no date is indicated, no later than one business day prior to the first scheduled departure (the "Due Date").

5.2 Payments shall be made without set off or deduction, in the currency specified in the invoice, to the bank or payment account designated by Jetsborder. Any bank fees or charges applied by the sending bank or payment provider shall be borne by the Client.

5.3 If Jetsborder does not receive full payment by the Due Date, Jetsborder may, without liability:

a) Suspend the performance of its obligations under this Agreement.
b) Instruct the Operating Carrier not to operate the Flight Services.
c) Cancel the booking in accordance with the cancellation provisions below.

Any pre flight suspension or cancellation in such circumstances shall be treated as a cancellation by the Client.

5.4 Without prejudice to any other rights, unpaid amounts may bear interest from the day following the Due Date until the date of actual payment, at the maximum rate permitted by applicable law.

5.5 If payment is made by credit card or similar payment method, Jetsborder reserves the right to apply a processing fee where permitted by law and indicated to the Client in advance.

6. Changes, delays and cancellations

6.1 The Client is responsible for ensuring that all passengers arrive in good time for the agreed check in or meeting time. If passengers fail to arrive on time, the Operating Carrier and or Jetsborder shall have no obligation to delay the departure. Any late arrival or no show may be treated as a cancellation by the Client for the relevant sector.

6.2 Requests by the Client for any change to the itinerary, timing, routing, aircraft type, destination, passenger list or other material elements of the Flight Services after Confirmation are subject to:

a) Availability of the aircraft, crew, slots, permits and parking.
b) Acceptance by the Operating Carrier.

Any additional costs resulting from such changes, including repositioning, additional ground time, additional crew costs or higher aircraft category, shall be borne by the Client.

Notwithstanding the above, where the booking is confirmed more than forty five (45) days prior to the first scheduled departure, the Client may modify or cancel free of charge up to seven (7) days prior to the first scheduled departure.

For Black Card Experience members only, where the booking is confirmed more than fifty (50) days prior to the first scheduled departure, the Client may modify or cancel free of charge up to four (4) days prior to the first scheduled departure.

Where the booking is confirmed forty five (45) days or less prior to the first scheduled departure, the modification and cancellation conditions remain as set out below and or in the Confirmation.

6.3 Cancellation by the Client:

The Confirmation may specify a cancellation scale and corresponding fees. In the absence of a specific scale, the following principles apply:

a) Where the booking is confirmed more than forty five (45) days prior to the first scheduled departure, cancellation is free of charge up to seven (7) days prior to the first scheduled departure.
b) For Black Card Experience members only, where the booking is confirmed more than fifty (50) days prior to the first scheduled departure, cancellation is free of charge up to four (4) days prior to the first scheduled departure.
c) Where the booking is confirmed forty five (45) days or less prior to the first scheduled departure, the following applies: if the Client cancels after Confirmation but more than seven days before the first scheduled departure, Jetsborder may charge a reasonable cancellation fee reflecting any costs already incurred and or committed on behalf of the Client, with a minimum brokerage fee.
d) Where the booking is confirmed forty five (45) days or less prior to the first scheduled departure, if the Client cancels seven days or less before the first scheduled departure, up to one hundred percent of the Price may be payable, depending on the conditions imposed by the Operating Carrier and third party suppliers.
e) If the Client or passengers do not present themselves for the flight at the agreed time and place, the Flight Services may be deemed fully performed and one hundred percent of the Price may remain payable.

6.4 Cancellation or disruption by the Operating Carrier:

If the Operating Carrier, for operational, safety, regulatory or other reasons beyond the reasonable control of Jetsborder, cancels or significantly alters the Flight Services, Jetsborder shall:

a) Use reasonable efforts to secure an alternative solution, such as another aircraft or revised schedule.
b) Refund to the Client any amounts received from the Operating Carrier that are refundable in respect of the unused portion of the Flight Services, net of any brokerage or service fees already earned.

Jetsborder shall not be liable for any additional costs, losses or damages incurred by the Client or passengers as a result of such cancellation or disruption, other than the refund described above.

7. Liability

7.1 Carriage by air of passengers, baggage and cargo is subject to the rules and limitations of liability imposed by applicable international conventions and by the laws and regulations of the states concerned. Any liability arising out of or in connection with the actual carriage by air rests with the Operating Carrier and is governed by its general conditions of carriage.

7.2 Jetsborder is not an air carrier and does not assume the liability of a carrier. To the maximum extent permitted by law, Jetsborder liability to the Client for any claim arising out of or in connection with this Agreement and the Services, whether in contract, tort or otherwise, shall be limited:

a) To direct, proven losses caused solely by Jetsborder fault.
b) In aggregate, to an amount not exceeding the brokerage fee retained by Jetsborder in respect of the relevant Flight Services.

7.3 Jetsborder shall in no event be liable for:

a) Any indirect or consequential loss or damage, including loss of profit, loss of business, loss of opportunity or loss of reputation.
b) Any loss or damage arising from delays, schedule changes, diversions, technical issues, missed connections, refusal of carriage, immigration decisions or any other acts or omissions of the Operating Carrier, airport, air traffic control or public authorities.
c) Any loss or damage relating to additional services arranged with third party providers, unless caused by Jetsborder willful misconduct.

7.4 The Client shall indemnify and hold harmless Jetsborder from and against any claims, costs, damages, penalties and expenses arising from:

a) Any breach of this Agreement by the Client or any passenger.
b) Any incorrect, incomplete or late information or documentation provided by the Client or passengers.
c) Any fine or penalty imposed on Jetsborder by any authority as a result of the acts or omissions of the Client or passengers.

8. Compliance, sanctions and prohibited conduct

8.1 The Client represents and warrants that:

a) It shall comply at all times with applicable laws and regulations relating to anti bribery, anti corruption, anti money laundering, terrorist financing, trade sanctions and export controls.
b) Any funds used to pay Jetsborder are not the proceeds of criminal activity.
c) Neither the Client nor any person on whose behalf the Client is acting nor any passenger is a person subject to international sanctions or listed on any applicable sanctions list that would prohibit the transaction.
d) It will promptly provide any information and documentation reasonably requested by Jetsborder to perform due diligence, know your customer or similar checks.

8.2 Jetsborder may refuse to arrange or may cancel the Flight Services, without any liability to the Client, if Jetsborder reasonably believes that:

a) The Services or the Flight Services might breach any applicable law or sanction.
b) The Client or any passenger is or becomes a sanctioned person or appears on a relevant list.

In such case, the Client shall remain liable for any non refundable costs already incurred on its behalf.

9. Personal data and privacy

9.1 In the context of the performance of the Services, Jetsborder will process personal data of the Client and passengers, such as identification data, contact details, travel details and special requests, for the purposes of arranging and managing the Flight Services and complying with legal and regulatory obligations.

9.2 The collection and processing of personal data by Jetsborder is governed by the Jetsborder privacy policy available at: https://www.jetsborder.com/conditions-legal/privacy-policy . By providing personal data to Jetsborder, the Client confirms that it is authorised to communicate such data on behalf of the passengers and that the passengers have been informed of the Jetsborder privacy policy.

9.3 Jetsborder may transmit personal data to Operating Carriers, handling agents, airport operators, authorities and other third parties involved in the performance of the Flight Services, including where such recipients are located outside the European Economic Area, to the extent necessary for the purposes described above or required by law.

10. Confidentiality

10.1 In the course of providing the Services, Jetsborder may receive or access confidential information relating to the Client and or passengers. Jetsborder undertakes to keep such confidential information secret and not to disclose it to any third party, except:

a) To Operating Carriers, handlers and other service providers where necessary to perform the Services.
b) To its professional advisers, banks, insurers and auditors subject to appropriate confidentiality obligations.
c) Where required by law, regulation, court order or request of a competent authority.
d) Where the information has become public other than through a breach by Jetsborder.

This message and any attachments may contain confidential or privileged information intended only for the named recipient. If you are not the intended recipient, please notify the sender immediately, do not disclose the contents to any other person and delete this message and any attachments from your system.

11. Governing law and jurisdiction

11.1 This Agreement and any non contractual obligations arising out of or in connection with it shall be governed by and construed in accordance with the laws of France, without giving effect to any conflict of law rules that would lead to the application of another law.

11.2 Subject to any mandatory provisions of international conventions applicable to the carriage by air performed by the Operating Carrier, any dispute arising out of or in connection with this Agreement shall be submitted to the exclusive jurisdiction of the competent courts of Paris, without prejudice to any rights of Jetsborder to bring proceedings before any other court of competent jurisdiction where appropriate.

12. Broker status notice

Jetsborder EI is an air charter broker. All air transport will be carried out by duly authorised carriers with up to date licences. Jetsborder does not itself operate aircraft and does not hold an air operator certificate.