Allgemeine Geschäftsbedingungen
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE.

1. Subject Matter


These terms and conditions (the "Terms") are applicable to the website owned by Charterscanner International FZ LLC, a limited liability company with an address at Office Nr. G-09, Building Nr.09, P.O.BOX: 502354, Dubai Media City, Dubai, U.A.E ("Charterscanner" or "we") located at www.charterscanner.com (the "Website") and to any service rendered by Charterscanner on the Website (the "Service").

These Terms together with the Privacy Policy – www.charterscanner.com/privacy and/or any other regulations published on the Website by Charterscanner from time to time constitute an agreement between Charterscanner as the Service provider and you as the user of the Website ("you") on accessing and/or using the Website, the materials provided on or through the Website (the "Materials") and the Service.

You agree that your access to and use of the Website and the Service are governed by these Terms unless specifically stated otherwise. By accessing and/or using the Website and the Service you unconditionally agree to the Terms and to abide by all rules, terms, conditions, restrictions and notices in the Terms (and any future amendments and additions to the Terms as published from time to time at www.charterscanner.com/terms. Non-acknowledgement by you of the Terms does not discharge you from the liability for any breach. Violation of the Terms will result in termination of your account.

Charterscanner reserves the right to modify the terms and conditions of the Terms at any time. The revised Terms supersede all previous notices or statements regarding the Website. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on the Website prior to the change becoming effective. If you continue to access and/or use the Website after the effective date of such changes, then such access and/or use will be deemed an acceptance of and an agreement to follow and be bound by the Terms as changed.

We encourage you to periodically review this page for the latest information on the changes to the Terms.

2. The Service


CHARTERSCANNER DOES NOT PROVIDE AIR CARRIER SERVICES AND IS NOT A REGISTERED AIR CARRIER. IT IS UP TO THE THIRD PARTY AIR CARRIER CHARTER OPERATOR TO OFFER AIR CHARTER SERVICES, WHICH MAY BE SCHEDULED THROUGH USE OF THE SERVICE. CHARTERSCANNER OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH THIRD PARTY AIR CHARTER SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE AIR CHARTER SERVICES OR ACT IN ANY WAY AS A REGISTERED AIR CARRIER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY AIR CHARTER SERVICES PROVIDED TO YOU BY SUCH THIRD PARTIES.

Subject to these Terms and the license granted under these Terms, Charterscanner provides you with access to the Website and the Service - an online platform through which you can get information about the air charter services rendered by the third party air carrier charter operators (private jet operators) (the "Operators") and make reservation for the respective Operator’s service.

By using the Service on the Website, you enter into a direct (legally binding) contractual relationship with the Operator. From the point at which you confirm the reservation for the Operator’s air charter services, we act solely as an intermediary between you and the Operator, transmitting the information about you to the relevant Operator and sending you a confirmation email subject to the provisions of the Privacy Policy.

The Service is made available for personal and non-commercial use only. Subject to the license granted under these Terms, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any Materials or other content and information, software, products or services available on the Website for any commercial or competitive activity or purpose. You may not use the Service to distribute unsolicited email ("spam") or malicious content such as viruses or worms. You may not exploit the Service to access unauthorized information.

For the avoidance of any doubt, the Service is free of charge. You will pay for the Operator’s services under the respective agreement with the Operator.

Charterscanner has the right to establish any restrictions of the use of the Website and the Service. You shall access and/or use the Website and the Service solely for legal purposes as described in these Terms and in compliance with all applicable legislation. Charterscanner reserves the right to refuse Service to anyone and to remove content or Materials for any reason whatsoever in its sole discretion.

Charterscanner has the right to suspend, terminate, modify or delete your account with or without notice to you, at any time for any reason or for no reason, including without limitation, for violation of the Terms. Upon termination, your right to use the Website and the Service will immediately cease.

In order to access certain areas of the Website or use the Service on the Website, you shall provide us with certain information about you. Providing us with such information is your choice.

Without limiting the terms of the Privacy Policy, you understand that we do not guarantee that your use of the Website and/or the Service will be private or secure, and we are not responsible or liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the Website and the Service. Charterscanner is not liable for any damage or loss due to unauthorized account access resulting from your actions.

3. Use of the Service by Minors


The Service is not intended for children under the age of eighteen (18). By using the Service, you represent and warrant that you are at least eighteen (18) years old and that you have the right, authority and capacity to enter into such agreements as the Terms and to abide by the terms and conditions thereof. If Charterscanner reveals that the Service is used by the minor, Charterscanner may prohibit such user from using the Service in its sole discretion at any time, and is not liable for any damage or loss resulting from such prohibition.

3.1
Charterscanner recommends that the Internet browsing behavior of any child or other individual user should be carefully supervised by a responsible adult at all times.

4. The Software


The software on the Website (the "Software") is the copyrighted work of Charterscanner. You may not install or use any Software in violation of these Terms. For any Software made available for you on the Website, Charterscanner grants to you a limited, personal, non- exclusive, non-transferable license to use the Software for viewing and otherwise using the Website and the Service in accordance with these Terms and for no other purpose. You have no right to sublicense the license rights granted in this section to any third party.

Please note that the Software, including, without limitation, all HTML, XML, Java code and Active X controls contained on the Website, is owned by Charterscanner, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

5. The Materials


You acknowledge that the Materials are protected by copyrights, trademarks, patents and other proprietary rights owned by Charterscanner and/or its licensors, including rights to the selection, coordination, arrangement and enhancement of such Materials, and that these rights are valid and protected under any applicable laws.

Unless otherwise specified on the Website, you may download Materials displayed on the Website and you may use the downloaded Material solely for your own personal purposes. You may print copies of any textual Material available for downloading on the Website. You must retain all copyright and other proprietary notices on downloaded and copied Materials, and any such downloads or copies are subject to the terms and conditions of these Terms.

Charterscanner grants you a limited, personal, non-exclusive, non-transferable license to view, download and print any Material solely for your personal and non-commercial purposes subject to your complete compliance with the Terms and any and all other terms and policies set forth on or in the Materials and/or the Website. You have no right to sublicense the license rights granted in this section to any third party.

6. Protection of Intellectual Property Rights and the Trademarks


You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, transmit, reverse engineer, frame, reproduce, download, scrap, decompile or disassemble or otherwise exploit in whole or in part the Service, the Materials and the Software, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Charterscanner or its licensors, except for the rights expressly granted in these Terms.

The trademarks, logos and service marks displayed on the Website (collectively - the "Trademarks") are the registered and unregistered trademarks of Charterscanner, its licensors and vendors and other third parties. The Trademarks owned by Charterscanner, whether registered or unregistered, may not be used in connection with any product or service that is not offered by Charterscanner, in any manner that is likely to cause confusion among consumers or to create unfair competition, or in any manner that disparages Charterscanner. Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of Charterscanner or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and you acknowledge that Charterscanner may take all necessary measures to protect and enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.

7. Inaccuracies, System Outages and Internet Delays


A possibility exists that the Website (including the Materials) could include inaccuracies, errors or information or materials that violate the Terms. Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Website. Although

Charterscanner attempts to ensure the integrity of the Website, we make no guarantees as to the Website's completeness or correctness.

In the event that a situation arises in which a Website's completeness or correctness is in question, you shall contact us at office@charterscanner.com (with the subject line "Inaccuracies in Website") with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Website at issue, as well as information sufficient to enable us to contact you.

Charterscanner periodically schedules system downtime for the Website for maintenance and other purposes. Additionally, unplanned system outages may occur. Charterscanner has no responsibility and is not liable for:

(a) the unavailability of the Website or the Software;

(b) any loss of the Materials, data, or any other information or materials caused by such system outages;

(c) the resultant delay, mis-delivery or non-delivery of data, or any other information or the Materials caused by such system outages; or

(d) any outages caused by any third parties, including without limitation, any companies or servers hosting the Website, any Internet service provides or any Internet facilities and networks.

The Service may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Charterscanner is not responsible for any delays, delivery failures, or other damage resulting from such problems.

8. Disclaimers


THE WEBSITE, THE SOFTWARE AND THE MATERIALS ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CHARTERSCANNER AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. CHARTERSCANNER AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE WEBSITE, THE SOFTWARE OR THE MATERIALS WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE (OR ANY PART THEREOF INCLUDING THE MATERIALS), THE SERVER(S) ON WHICH THE WEBSITE IS HOSTED OR ANY SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO OPINION, ADVICE OR STATEMENT OF CHARTERSCANNER OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE WEBSITE, IN THE MATERIALS OR OTHERWISE, SHALL CREATE ANY WARRANTY.

YOUR USE OF THE WEBSITE, THE SOFTWARE AND ANY MATERIALS AND SERVICES PROVIDED THROUGH THE WEBSITE ARE ENTIRELY AT YOUR OWN RISK.
9. Limitation of Liability


NEITHER CHARTERSCANNER NOR ANY OF OUR SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE AND/OR SERVICES OFFERED ON THE WEBSITE, OR ANY SERVICE PURCHASED, ACCESSIBLE OR USABLE THROUGH THE WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, SOFTWARE, MATERIALS, PRODUCTS OR ANY LINKED WEBSITE IS TO STOP USING THE WEBSITE, SOFTWARE, MATERIALS, PRODUCTS OR LINKED WEBSITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO CHARTERSCANNER FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU TO CHARTERSCANNER, IF ANY, TO ACCESS OR USE THE WEBSITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NO COMMUNICATION OF ANY KIND BETWEEN YOU AND CHARTERSCANNER OR A REPRESENTATIVE OF CHARTERSCANNER CONSTITUTES A WAIVER OF ANY LIMITATIONS OF LIABILITY HEREUNDER OR CREATES ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

CHARTERSCANNER MAY INTRODUCE YOU TO THIRD PARTY AIR CARRIER CHARTER OPERATOR FOR THE PURPOSES OF PROVIDING AIR CHARTER SERVICES. WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTY AIR CARRIER CHARTER OPERATOR AND YOU EXPRESSLY WAIVE AND RELEASE CHARTERSCANNER FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY AIR CARRIER CHARTER OPERATOR. CHARTERSCANNER WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN YOU AND SUCH THIRD PARTY AIR CARRIER CHARTER OPERATORS. WE CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND THE THIRD PARTY AIR CARRIER CHARTER OPERATORS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES OFFERED VIA THE SERVICE (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH YOU. WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY SUCH THIRD AIR CARRIER CHARTER OPERATORS AND YOU EXPRESSLY WAIVE AND RELEASE CHARTERSCANNER FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICE, OR IN ANY WAY RELATED TO THE THIRD AIR CARRIER CHARTER OPERATORS INTRODUCED TO YOU BY THE SERVICE.

THE QUALITY OF THE AIR CHARTER SERVICES SCHEDULED THROUGH THE USE OF THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE THIRD PARTY AIR CARRIER CHARTER OPERATOR WHO ULTIMATELY PROVIDES SUCH TRANSPORTATION AND AIR CHARTER SERVICES TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING THE SERVICE, YOU MAY BE EXPOSED TO AIR CHARTER SERVICES THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SERVICE AT YOUR OWN RISK.

10. Indemnification


You agree to indemnify, defend and hold harmless Charterscanner, our affiliates, licensors, suppliers, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, from and against any and all claims, damages, losses, costs (including without limitation, reasonable attorneys' fees and expenses) and other expenses that arise directly or indirectly out of or from: (a) your breach (including through use of your username, whether or not by you) of the Terms; (b) your access to and use of the Website, the Software or the Materials.
11. Governing Law and Dispute Resolution


When using the Service you agree to comply with all applicable laws from your home nation, the country, state and city in which you are present while using the Website and the Service.

These Terms shall be governed by and construed in accordance with the laws of Dubai, the United Arab Emirates (OAE), giving no effect to principles of conflicts of law. You agree that any dispute over the Service or these Terms will be subject to the exclusive jurisdiction of the federal courts of OAE, and you agree to submit to the exercise of personal jurisdiction of such courts for the purposes of litigating any applicable claim or action.

12. Miscellaneous


EXPORT CONTROL PROVISIONS AS MAY BE APPLICABLE UNDER THE LAWS OF OAE.

If any provision of the Terms is found to be unlawful, void or for any reason unenforceable under any applicable legislation, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.

This is the entire agreement between you and Charterscanner relating to the subject matter herein and supersedes any and all contemporaneous agreements with respect to such subject matter. The failure of Charterscanner to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Charterscanner in writing.

The Terms are not assignable, transferable or sub-licensable by you except with Charterscanner’s prior written consent but may be assigned without your consent by Charterscanner to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.

Charterscanner may give notice by means of a general notice on the Website or electronic mail (sent to the e-mail address specified in your account). Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting. You may give notice to Charterscanner (such notice shall be deemed given when received by Charterscanner) at any time by sending the letter at the following email address office@charterscanner.com.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.

Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

 

Version 30 September 2013