Teorema Épico Terms and Conditions
The Terms and Conditions stated herein constitute a legal agreement (hereafter “the Agreement”) between you, the Customer, and Teorema Epico Lda., a company registered at Av. Casal Ribeiro, 28, 2, 1000-092 Lisbon, Portugal (hereafter “Teorema Épico”), which owns the website www.flyjetway.com (hereafter “the Website”) through which Teorema Épico provides the Customer with the following services:
- Information Services: Providing the Customer with information about the charter flight options satisfying the Customer’s request, from which the Customer may select the Selected Flight,
- Intermediary Services: Assisting the Customer with booking the Selected Flight and signing the Charter Agreement between the Customer and the Selected Carrier performing the Selected Flight, selected by the Customer through the Website offered by Teorema Épico.
Information Services and Intermediary Services hereafter will be referred to as the Service.
Teorema Épico and the Customer are collectively referred to as “Parties” and separately, “Party”.
In order to access the search results provided by the Website, you must agree to the Terms and Conditions below. By using or receiving any services, supplied to you by Teorema Épico you hereby expressly acknowledge and agree to be bound by the terms and conditions of the Agreement, and any future amendments and additions to this Agreement as published from time to time through the Website. Teorema Épico reserves the right to change the Terms and Conditions at any time. It is the Customer’s responsibility to review the Terms and Conditions regularly. If you continue using the Service after any such changes, this implies your acceptance of these changes. Changes to the Terms and Conditions are not applied retroactively. Any alterations to the Terms and Conditions will only apply to transactions conducted after such alterations were published; they will not be applied to any previous transactions.
1. Definitions and Interpretation
1.1 The following shall apply throughout the Terms and Conditions:
1.1.1 Except where the context makes it inappropriate, the masculine gender shall include the feminine and vice versa and the plural shall include the singular and vice versa;
1.1.2. Headings are given for convenience only and shall not affect interpretation;
1.2 The following terms shall have the following meaning, except where the context requires otherwise:
“Air Carrier” – any licensed air carrier, based in the database of the Website, which employs Aircraft belonging to and/or operated by them and offers services in air transportation; and furthermore is ready to offer the Aircraft for performing the Flight.
“Aircraft” – any registered aircraft belonging and/or operated by the Carrier that is used for performing the flight.
“Flight Quote” – information about the services of charter transportation that can be performed by a particular Carrier, displayed to the Customer on the Website in real time, including the preliminary flight price, itinerary, and aircraft. The Flight Quote is based on the information provided by the Carrier. Teorema Épico cannot guarantee accuracy of any information contained within the Flight Quote. The Customer understands and agrees that the Flight Quote may change at any time before he receives the Availability Confirmation and accepts that Teorema Épico is not responsible for any changes to the Flight Quote.
“Preliminary Flight Price” – indicative price, stated in the Flight Quote
“Selected Flight” – charter flight selected by the Customer through the Website from the list of Flight Quotes and formalized by the Charter Agreement.
“Alternative Flight” - charter flight offered to the Customer by Teorema Épico in case the Selected Carrier does not confirm availability of the Selected Flight or in case the Selected Carrier declines to perform the flight after signing the Charter Agreement. Upon acceptance by the Customer, it becomes the Selected Flight.
“Customer” – any legal entity utilizing the Website to search for the Selected Flight. By using the Website, you expressly represent and warrant that you are legally entitled to and have the right, authority and capacity to enter into this Agreement and abide by the Terms and Conditions of this Agreement.
“Selected Carrier” – a Carrier selected by the Customer that provides the Aircraft performing the Selected Flight, as specified in the Charter Agreement
“Booking Request” – confirmation that the Customer agrees to book the Selected Flight for the Preliminary Flight Price and that the Customer is ready to sign the Charter Agreement with the Selected Carrier.
“Availability Confirmation” – email containing the Charter Price, itinerary and the STD of the Selected Flight that confirms that the Selected Carrier agrees to perform the Selected Flight after receiving the Booking Request from the Customer and is ready to sign the Charter Agreement with the Customer.
“Acceptance of Agreement” – confirmation of full and unconditional consent to the Terms and Conditions of this Agreement.
“Charter Agreement” – charter agreement between the Customer and the Selected Carrier outlining the conditions of the Selected Flight. The Charter Agreement as presented by the Selected Carrier is unalterable and non-negotiable. The Customer must irrevocably, absolutely and unconditionally agree with the terms and conditions of the Selected Carrier as put forth in the Charter Agreement without exceptions, or refuse signing the contract.
“Charter Price” – the price stated in the Availability Confirmation, which is due to be paid by the Customer. It does not include any additional expenses that may arise during the execution of the Selected Flight. The Customer assumes responsibility for all additional expenses which include, but are not limited to, in-flight telecommunications and internet usage, excess luggage fees, fees for pet transportation, cleaning required due to the excess wear and tear of the aircraft caused by the Customer or their invitees, catering orders, ground transportation, additional flight time due to adverse weather conditions, international fees, additional landings, hangarage, all license fees, clearance fees, royalties and non-objection fees, baggage screening charges, security charges, increased airline insurance rates, customs duties, airport and passenger taxes, fuel surcharge or fee for aircraft de-icing, and any other services that may not be listed in the Charter Agreement.. These charges may originate from the Carrier providing air transportation services or a third party provider.
The Charter Price specified in the Availability Confirmation is based on aviation fuel costs calculated on the date Availability Confirmation was sent. If for any reason whatsoever there shall be any increase in the cost of aviation fuel between the Availability Confirmation was sent and the date of operation of any flight, then the Customer shall pay to the Selected Carrier on demand such amount as shall fully compensate the Selected Carrier for such increase.
STD - the scheduled time of departure of the first segment of the Selected Flight set out in the Charter Agreement
“Teorema Épico” – the company Teorema Épico Lda. registered at Av. Casal Ribeiro, 28, 2, 1000-092 Lisbon, Portugal
“Website” – the website www.flyjetway.com including all materials and information displayed thereon, owned by Teorema Épico.
“Service” - the Information Services and Intermediary Services provided to the customer by Teorema Épico through the Website
“Information Services” - Providing the Customer with information about the charter flight options satisfying the Customer’s request, from which the Customer may select the Selected Flight.
“Intermediary Services” - Assisting the Customer with booking the Selected Flight and signing the Charter Agreement between the Customer and the Selected Carrier performing the Selected Flight, selected by the Customer through the Website offered by Teorema Épico.
“Effective Time” - the date of fulfillment of all obligations arising under this Agreement for both Parties.
2. Terms of Service
2.1. In accordance with this Agreement, Teorema Épico provides the Customer with Information Services providing the Customer with information about the charter flight options satisfying the Customer’s request, from which the Customer may select the Selected Flight.
2.2. In order to provide the Booking Request to Teorema Épico the Customer must provide the following contact and company information on the Website form: name, e-mail, phone number (confirmed via SMS code), company name, company registration number, company VAT number, and company registered office, along with any additional preferences for the flight and click the “Request now” button.
2.4. Teorema Épico transfers the information about the Customer’s preferences to the Selected Carrier. If the Selected Carrier agrees to perform the Selected Flight, Teorema Épico emails the Availability Confirmation with the Charter Price, itinerary and the STD of the Selected Flight and the confirmation of the Charter Price to the Customer.
2.4.1. Teorema Épico reserves the right to offer the Customer an Alternative Flight to substitute the Selected Flight. If the Customer accepts the Alternative Flight, it becomes the Selected Flight from that moment on.
2.4.2. If the Selected Carrier informs Teorema Épico that the Selected Flight is unavailable, and the Customer does not accept the Alternative Flight, the Agreement is terminated without any further responsibilities from either Party, and the Customer may repeat the search for the Selected Flight using the Website.
2.5. Along with the documents listed in paragraph 2.4., Teorema Épico issues the Customer the proforma invoice for the payment of the Intermediary Services.
2.6. If the Customer agrees to sign the Charter Agreement with the Selected Carrier and intends to continue receiving Intermediary Services from Teorema Épico, the Customer must make the advance payment for the Intermediary Services in the amount of 200 Euros within 5 working days of receiving the Availability Confirmation
2.6.1. If the Customer declines to make the advance payment outlined in 2.6. and 3.2.1., the Agreement is automatically terminated without any further responsibilities from either Party, and the Customer may repeat the search for the Selected Flight using the Website.
2.7. After the Customer has made the payment described in paragraph 2.6. of this Agreement, Teorema Épico performs the following Intermediary Services for the Customer: 1. Facilitating the signing of the Charter Agreement between the Selected Carrier and the Customer and 2. providing the Customer with the Charter Agreement drafted by the Selected Carrier.
2.8. Teorema Épico’s duties and responsibilities to the Customer end in the moment of transfer of the Charter Agreement from the Selected Carrier to the Customer.
2.9. In case the Selected Carrier declines to perform the Selected Flight after signing the Charter Agreement, Teorema Épico reserves the right to offer the Customer an Alternative Flight to substitute the Selected Flight with no changes to the original Intermediary Service fee (see paragraphs 3.2.1 and 3.2.2.). If the Customer accepts the Alternative Flight, it becomes the Selected Flight from that moment on.
3. Cost of Services and Payment Terms.
3.1. Teorema Épico offers Information Services for free. The Website and the Service are available for personal and non-commercial use. Customers may use the Website and all information displayed thereon (Flight Quotes, Aircraft information used in Flight Quotes, and Preliminary Charter Prices) as reference for their personal use.
3.2. Teorema Épico charges the Customer only for the Intermediary Services. The Terms of Payment are as follows:
3.2.1. In accordance with paragraph 2.6., the Customer makes the advance payment for the Intermediary Services in the amount of 200 Euros within 5 working days of receiving the Availability Confirmation from the Selected Carrier. This payment is non-refundable.
220.127.116.11. If the advance payment for Intermediary Services (described in paragraph 3.2.1.) has not been received by the due date, the Agreement is automatically terminated without any further responsibilities from either Party, and the Customer may repeat the search for the Selected Flight using the Website.
3.2.2. The Customer performs the final payment in the amount of 2% of the Charter Price within 15 working days of receiving the Charter Agreement from Teorema Épico only in case the Customer signs the Charter Agreement.
18.104.22.168. If the Customer does not sign the Charter Agreement for any reason, the Customer is fully responsible to notify Teorema Épico of that fact. If the Customer fails to notify Teorema Épico of their refusal to sign the Charter Agreement within 15 days of receiving the Charter Agreement from Teorema Épico, the final payment for Intermediary Services described in paragraph 3.2.2. will be considered indisputable and due in full.
22.214.171.124. If the Selected Flight does not take place for a cause attributable to the Selected Carrier, and the Customer declines the Alternative Flight offered by Teorema Épico (see paragraph 2.9.), the Customer is entitled to a full refund of the final payment (described in paragraph 3.2.2). The Customer is fully responsible for providing necessary documentation proving the cancellation of the Selected Flight by the Selected Carrier.
126.96.36.199. It is the Customer’s responsibility to inform Teorema Épico of any such cancellation (see 188.8.131.52.) no later than 24 hours before the STD. If the Customer fails to notify Teorema Épico of any such cancellation by the deadline, the payment for Intermediary Services described in paragraph 3.2.2. will be considered indisputable and won’t be refunded.
3.3. All payments are to be made by bank transfer to a bank account held by Teorema Épico. Details will be written the proforma invoice.
3.4. In the event that the final payment for Intermediary Services (see 3.2.2 and 184.108.40.206) is not received in full within five (5) days of the due date, the outstanding amount shall be subject to an interest rate at the maximum amount of interest permitted by law. In the event that any transaction or payment from the Customer to Teorema Épico is unsuccessful (e.g., insufficient funds on a Customer’s bank account) and Teorema Épico incurs any fees as a result, the Customer shall reimburse Teorema Épico promptly for any such fees.
3.5. Any payments or fees due to Teorema Épico in connection to this agreement do not include any Value Added Tax (VAT).
4. Responsibilities of the Parties
4.1. Responsibility of Teorema Épico
4.1.1. Teorema Épico does not provide air carrier services, and Teorema Épico is not a registered air carrier. The third party Air Carrier offers the air charter services and sets the Terms and Conditions pertaining to the charter flight detailed in the Charter Agreement.
4.1.2. Teorema Épico provides the Customer with Information Services and Intermediary Services as described above.
4.1.3. Teorema Épico’s duties and responsibilities to the Customer end in the moment of transfer of the Charter Agreement and the invoice with the Charter Price from the Selected Carrier to the Customer.
4.1.4. Teorema Épico bears no responsibility for any services provided to the Customer by the Selected Carrier under the Charter Agreement.
4.1.5. Teorema Épico does not guarantee the accuracy of any information provided in the Air Carrier’s Flight Quote. The Customer understands and accepts that the Flight Quote can change at any time before he receives the Booking Request and accepts that Teorema Épico is not responsible for any such changes to the Flight Quote.
4.1.6. If the Selected Carrier fails to complete its responsibilities under the Charter Agreement signed by the Customer and the Selected Carrier at any time before the STD, Teorema Épico will provide the Customer with an Alternative Flight with no changes to the original Intermediary Service fee.
4.1.7. Teorema Épico will keep any personal information about or provided by the Customer confidential. When Teorema Épico is required to disclose any such information to third parties to perform the Intermediary Services, it will limit access to to those persons who are directly involved with business activities related to the Selected Flight, except as otherwise mandated by official authorities or applicable law.
4.1.8. The Customer authorizes Teorema Épico or any members of our Group of companies, and to our or their partners, associates, agents or subcontractors and to possible successors to our business to process his personal data for the purpose of managing this Agreement and continuously providing the Services herein contained. Some of these parties may reside outside the European Economic Area (which currently comprises the Member states of the European Union plus Norway, Iceland and Liechtenstein). In such occasion, your information be treated to the same standards adopted in Portugal. We may also disclose your information for the prevention and detection of crime and to protect the interests of Teorema Épico and other users or if required to do so by law or other binding request.
Any personal information provided to or gathered by Teorema Épico is controlled by Teorema Épico (Av. Casal Ribeiro 28, 2, 1000-092 Lisboa, Portugal) (the data controller). any designee that might process the data other than Teorema Épico will act as data processor on behalf of the data controller.
You certify that any data you provide to Teorema Épico will be true, complete and accurate in all respects and you agree to notify us immediately of any changes to it or upon request
4.1.9. Teorema Épico periodically schedules system downtime for the Website for maintenance and other purposes. Additionally, unplanned system outages may occur. Teorema Épico has no responsibility and is not liable for:
(a) The unavailability of the Website, whether due to scheduled downtime or outages caused by any third parties, including, but not limited to any companies or servers hosting the Website, any internet service providers or any internet facilities and networks;
(b) Any loss of the materials, data, or any other information caused by such system outages;
(c) Any resulting delay, mis-delivery or non-delivery of data, or any other information or materials caused by such system outages.
The Website may be subject to limitations, delays, and other problems inherent to the use of the Internet and electronic communications. Teorema Épico is not responsible for any delays, delivery failures, or other damage resulting from such problems.
4.2. Responsibilities of the Customer
4.2.1. The Customer guarantees that the execution of the Selected Flight does not in any way violate the law of the countries of origin and destination or international law.
4.2.1. The Customer must pay for the Intermediary Services provided to him by Teorema Épico according to the conditions put forth in Section 3 of this Agreement.
4.2.2. The Customer is responsible for providing Teorema Épico with accurate information throughout the flight selection, payment and booking process as outlined in sections 2 and 3. This includes, but is not limited to: Customer and passenger information, the number of passengers, the route selection, and the date and time of departure and arrival. If the Customer accidentally or purposefully provides incorrect information, Teorema Épico is not liable for any fees or damages resulting from such errors including, but not limited to booking alteration or cancellation fees, unavailability of flights, forced disembarkation of passengers, and other fines or penalties. Any Intermediary Services performed by Teorema Épico remain billable according to the conditions outlined in section 3 of this Agreement irrespective of potential errors in the information provided by the Customer.
4.2.3. The Customer is responsible for comprehending and proofreading the Flight Quote, Booking Request, Availability Confirmation, Charter Agreement, proforma invoices and invoices.
4.2.4. After the signature of the Charter Agreement any changes to or cancellation of the Selected Flight will be regulated by the terms of change and cancellation of the Selected Carrier stated in the Charter Agreement.
4.2.5. The Customer may utilize the Website solely for legal purposes as described in the Terms and Conditions. He must be in compliance with all applicable legislation.
4.2.6. If the completeness or correctness of the Website appears compromised, the Customer should contact Teorema Épico via e-mail at firstname.lastname@example.org (with the subject “Inaccuracies in Website”) and, if possible, with a description of the exact items that require review, the corresponding Website URL, and appropriate contact information.
5. Acceptance of Agreement
5.1. By using the Website and the Service, the Customer expressly represents and warrants that he is legally entitled to and has the right, authority and capacity to enter into this Agreement and abide by the Terms and Conditions of this Agreement.
5.2. The Customer enters into this Agreement freely and willingly, and:
- a) Has thoroughly read the Terms and Conditions of this Agreement
- b) Understands the Terms and Conditions of this Agreement
- c) Understands the responsibilities of the Customer arising from accepting this Agreement as outlined in paragraph 4.2.
6. Force Majeure
6.1. No Party shall have any liability or responsibility for failure to fulfill any obligation (other than a payment obligation) under this Agreement so long as and to the extent to which the fulfillment of such obligation is prevented, frustrated, hindered or delayed as a consequence of circumstances of Force Majeure. This includes, but is not limited to, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes.
7. Other Terms
7.1. Any notices pertaining to this Agreement may be sent between Parties by
- E-mail (Teorema Épico will send e-mails to the address that the Customer provides during the flight selection and booking process, and the Customer will send e-mails to the e-mail address of Teorema Épico stated in this Agreement or an address communicated to the Customer separately)
- Letter (with notification upon delivery)
- SMS (the Customer understands that if communicating by SMS, messaging and data charges may apply)
8. Period of Agreement
8.1. This Agreement shall commence at the moment of Acceptance of Agreement by the Customer (as outlined in paragraph 2.3.) and will be valid until the Effective Time.
9.1. This Agreement may be terminated prior to the Effective Time as follows:
9.1.1. By Teorema Épico, if the Selected Carrier informs Teorema Épico that the Selected Flight is unavailable (as detailed in paragraph 2.4.1.)
9.1.2. By the Customer, if he declines to make the advance payment for Intermediary Services (as detailed in paragraphs 2.6.1. and 220.127.116.11.)
10. Applicable Law and Jurisdiction
This Agreement is governed and will be interpreted in accordance with Portuguese law. The Portuguese courts shall have exclusive jurisdiction to settle any claim or dispute which might arise out of or in connection with this Agreement.