GENERAL TERMS AND CONDITIONS OF SALE AND USE OF THE DREAMJET WEBSITE

Transcription

1 GENERAL TERMS AND CONDITIONS OF SALE AND USE OF THE DREAMJET WEBSITE Article 1 Subject matter and scope DreamJet SAS is a simplified company limited by shares with a single shareholder, whose registered offices are at 53, avenue Jean Jaurès, LE BOURGET and which is entered in the register of commerce and companies of Bobigny under no (referred to hereinafter as 'DreamJet'), whose corporate objective is to operate an airline under the name of La Compagnie. The present General Terms and Conditions of Sale and Use of the DreamJet Website (the General Terms and Conditions ) apply to all transactions for the sale of transport services by DreamJet via its website at (referred to hereinafter as the 'DreamJet Website') or via DreamJet's telephone reservations number.. The transport services are also subject to specific contractual conditions associated with the Tickets, applicable Fares, and the General Conditions of Carriage for Passengers, as well as the rules and regulations set out by DreamJet or any code-share partner carrying out the service. DreamJet may amend or cancel these present General Terms and Conditions at any time. The terms and conditions applicable to any given sales transaction are those that are in effect at the time the sale is completed. Article 2 Contract for carriage and terms and conditions of carriage All sales of transport services subject to the present General Terms and Conditions constitute contracts for carriage between the person buying transport services from DreamJet (referred to hereinafter as the 'Purchaser') and DreamJet. The Purchaser and DreamJet will be deemed to have concluded the contract for carriage when DreamJet sends an confirmation to the address the Purchaser gave for that purpose. DreamJet's liability and the actual terms and conditions of carriage will be subject to DreamJet's General Conditions of Carriage for Passengers, which the Purchaser must agree to and accept before any contract can be concluded under the present General Terms and Conditions. The Purchaser is deemed to accept DreamJet's General Conditions of Carriage for Passengers by checking on the DreamJet Website the "'I have read and accepted the General Conditions of Carriage for Passengers" and accepting it. DreamJet may amend these terms and conditions at any time, so Purchasers are advised to keep track of any changes which may affect them at all times. Article 3 Fares and payment methods The fares for transport services are those DreamJet states on the DreamJet Website and/or via the telephone reservations number subject to the terms and conditions provided for by DreamJet's General Conditions of Carriage for Passengers and the fare rules. All payments the Purchaser makes will be deemed to be final. However, when making a reservation in the USA through La Compagnie telephone reservation system, web site,

2 and La Compagnie ticket offices, Passenger can request your refund within 24 hours of purchase by writing to the following address: including all relevant information, provided reservation was made one week or more prior to the flight s scheduled departure. Any promotional fares DreamJet offers are subject to special fare rules which the Purchaser must read and accept prior to purchase. Payment for the tickets embodying the General Conditions of Carriage for Passengers may be made via the DreamJet Website or telephone reservations number by bank debit card or credit card (Carte Bleue, Visa, Master Card, etc.). DreamJet will send an confirmation that tickets have been paid for to the address the Purchaser gives for that purpose. Should payment on line or by telephone fail for technical reasons or for lack of funds, in addition to paying for the services, the Purchaser will also be bound to pay the costs which the failure to pay incurred through their fault. Article 4 Delivery of travel documents The travel document(s) which confer the right to use transport services under the present General Terms and Conditions will be delivered to the Purchaser as stated below: by sending a confirmation containing the reservation references and ticket numbers. Article 5 Subscribing for services with DreamJet's partners Subscribing for services with DreamJet's partners will constitute a contract between the company providing those services and the person who subscribed for them. DreamJet will not be involved in subscribing for these services and will not be liable to perform them under any circumstances. Under such circumstances the terms and conditions of the third party service provider will apply. Article 6 - DreamJet Website and telephone reservations number The photographs and advertising statements on the DreamJet Website are of no contractual value and do not constitute any warranty as to the services DreamJet provides. With the exception of applicable laws and government regulations, the only statements in law which govern DreamJet's services are those resulting from DreamJet's fare rules and General Conditions of Carriage for Passengers as they apply to the contract concluded. In addition, with respect to travel to and from the United States, DreamJet s Customer Service Plan and Contingency Plan for Lengthy Tarmac Delays are applicable to your travel. DreamJet cannot be held liable for any malfunction or non-availability of the DreamJet Website or its telephone reservations number. DreamJet disclaims any liability for any losses, either direct or indirect, and, more particularly, any loss of profit or financial harm, which may result from using the DreamJet Website or telephone reservations number. Article 7 Personal data Personal data which DreamJet gathers within the meaning of French law no of 6 January 1978, may be subjected to the right of access, amend, correct and delete which the

3 person concerned may exercise at any time by writing to DreamJet's registered offices at 53, avenue Jean Jaurès, Le Bourget, France, Attention: Customer Care; but DreamJet may keep data and information and/or disclose them to certain authorities as required by applicable law and regulation, particularly in matters of safety and security. In accepting the present terms and conditions, the Purchaser agrees that their personal data may be used and disclosed to any and all third parties insofar as is necessary for DreamJet to sell and perform the transport services. DreamJet may also use this data to offer you products and services and keep you informed of developments to its services. Article 8 Intellectual property DreamJet holds all the intellectual property rights to the content of the DreamJet Website; and its trademarks, logos, domain names, documents, photographic and audio-visual representations and all distinctive marks relating to them and as such are the intellectual property of DreamJet in which it holds commercial property rights. All the trademarks mentioned on the DreamJet Website are registered and hence protected. None of these elements which are protected by intellectual and commercial property rights may be used without DreamJet s prior express consent in writing. In the absence of express consent in writing, DreamJet s intellectual property may not be reproduced, disclosed, distributed, represented, distributed, translated, broadcast, amended or transcribed, wholly or in part, on any media and using any process under any circumstances. Nor may DreamJet Website users put any hypertext link on any website to the DreamJet Website and/or the pages it contains without DreamJet's express consent in writing. Article 9 Governing law and disputes These General Terms and Conditions are governed by French law to the exclusion of all treaties and conventions and conflict of law rules. Any disputes arising in connection with these General Terms and Conditions will be subject to the jurisdiction of the French courts unless public interest dictates otherwise. The forum for consumer claims related to travel on international flights to or from the United States is governed by the Montreal Convention or Warsaw Convention, depending on the type of flight and its origination/destination. Under Article R322-2 of the French civil aviation code, any action for liability against the carrier may be brought either before the courts of the place where the carrier has its registered offices or where they have an office via which the contract was concluded, or before the courts of the place the plaintiff is travelling to, as the plaintiff sees fit.

4 Statutory notices: This website is published by DreamJet SAS, a simplified company limited by shares with a single shareholder, of 53, avenue Jean Jaurès, LE BOURGET, entered in the register of commerce and companies of Bobigny under no , intra-community VAT registration no. FR DreamJet's Website is hosted by RUNISO, headquartered in 36, rue Laffitte PARIS - France DreamJet has obtained a European Air Transport Operating licence issued by the French Directorate-General for Civil Aviation DGAC. DreamJet has taken out professional liability insurance with AIG as required by current rules in force. Liability of air carriers for passengers and their baggage This is a summary of the liability rules which Community air carriers use as required by Community legislation and the Montreal Convention: Compensation in event of death or injury There are no financial limits on liability if passengers are injured or die. Air carriers cannot contest actions for damages up to the value of 113,100 SDR (or approximate equivalent in local currency). Above this amount, the carrier can contest the claim by showing they were not negligent or at fault otherwise. Paying advances If passengers die or are injured, the air carrier must pay an advance to cover the immediate financial needs within fifteen days of identifying who is eligible to be compensated. In the event of a death, this advance must be at least 16,000 SDR (or approximate equivalent in local currency). Passenger delays If passengers are delayed, the air carrier is liable to cover their losses unless it has taken all reasonably foreseeable steps to avoid this or if there was no way it could take such action. Liability for passenger delays is limited to 4,694 SDR (or approximate equivalent in local currency). Delayed delivery of baggage If baggage is delayed, the air carrier is liable to cover the losses unless it has taken all reasonably foreseeable steps to avoid this or if there was no way it could take such action. Liability for late baggage is limited to 1,131 SDR (or approximate equivalent in local currency). Baggage lost, damaged or destroyed The air carrier's liability if baggage is lost, damaged or destroyed is limited to 1,131 SDR (or approximate equivalent in local currency). Where baggage is carried as

5 checked baggage, the carrier is liable even if not at fault, unless baggage was faulty. Where baggage is transported as carry-on baggage, the carrier is only liable if it was at fault. Increased limits of liability for baggage Passengers may be eligible for increased liability limits if they make a special declaration at least by the time they check their baggage and pay an additional fee. Complaints about baggage If their baggage is damaged, delayed, lost or destroyed, passengers must complain to the air carrier in writing as soon as possible. If checked baggage is damaged, written notice to the carrier must be made within 7 days of receipt of the checked baggage. In the case of delay, written notice to the carrier must be made within 21 days from the date on which it was placed at the disposal of the passenger. Liability of carrier with whom a contract has been concluded and of actual carrier If the air carrier operating the flight is not the one with whom a contract was concluded, passengers may complain to either of them. If an air carrier's name or code appears on the ticket, that is the air carrier with whom a contract was concluded. Limitation Any action for damages must be brought within two years of the date on which the aircraft arrived or from the date on which it ought to have landed. Foundations of rules above The rules as described above are based on the Montreal Convention of 28 May 1999, as implemented in the European Community by Regulation (EC) no. 2027/97 (as amended by Regulation (EC) no. 889/2002) and national legislation of Member States.